SENATE AMENDED
PRIOR PRINTER'S NOS. 1971, 2088, 2170, PRINTER'S NO. 2342
2179
No. 1590 Session of 2007
INTRODUCED BY MARKOSEK, D. EVANS, McCALL AND DeWEESE,
JUNE 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 14, 2007
AN ACT
1 Amending Titles 53 (Municipalities Generally), 74
2 (Transportation) and 75 (Vehicles) of the Pennsylvania
3 Consolidated Statutes, providing for minority and women-owned <--
4 business participation, for public transportation assistance
5 and taxation and for income based on use of Commonwealth
6 highways; PROVIDING FOR MINORITY AND WOMEN-OWNED BUSINESS <--
7 PARTICIPATION; authorizing local taxation for public
8 transportation assistance; repealing provisions relating to
9 public transportation assistance; providing for
10 transportation issues and for sustainable mobility options;
11 further providing, in metropolitan transportation <--
12 authorities, for board members and for operation;
13 consolidating the Turnpike Organization, Extension and Toll
14 Road Conversion Act and further providing for the <--
15 Pennsylvania Turnpike Commission; PROVIDING FOR TURNPIKE <--
16 COMMISSION STANDARDS OF CONDUCT; in provisions on the
17 Pennsylvania Turnpike, further providing for definitions, for
18 authorizations and for conversion to toll roads and providing
19 for conversion of Interstate 80, for application and, for <--
20 lease of Interstate 80, FOR PAYMENTS, FOR OTHER INTERSTATE <--
21 HIGHWAYS, FOR FUND DISTRIBUTION, FOR IMPACT, FOR FINANCIAL
22 PLAN AND FOR NONPERFORMANCE; in taxes for highway maintenance
23 and construction, providing for definitions; further
24 providing for imposition and for allocation of proceeds;
25 providing for special revenue bonds, for expenses, for
26 application of proceeds of obligations, for trust indenture,
27 for exemption, for pledged revenues, for special revenue
28 refunding bonds, for remedies, for Motor License Fund
29 proceeds, for construction and for funding; and making
30 related repeals.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Chapter 86 of Title 53 of the Pennsylvania <--
4 Consolidated Statutes is amended to read:
5 CHAPTER 86
6 [(RESERVED)]
7 TAXATION FOR PUBLIC TRANSPORTATION
8 Sec.
9 8601. Declaration of policy.
10 8602. Local financial support.
11 § 8601. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) Programs under 74 Pa.C.S. Ch. 13A (relating to
14 sustainable mobility options) will require local funding.
15 (2) Local funding under paragraph (1) will require new
16 or additional taxes by political subdivisions.
17 § 8602. Local financial support.
18 (a) Imposition.--Notwithstanding any other provision of law,
19 a municipality may obtain financial support for transit systems
20 by imposing one or more of the taxes or surcharges under
21 subsection (b). Money obtained from the imposition shall be
22 deposited into a restricted account of the municipality. The
23 following apply:
24 (1) Money in the restricted account shall be used to
25 meet the requirements of 74 Pa.C.S. §§ 1513(d)(1) (relating
26 to operating program), 1514(c) (relating to asset improvement
27 program) and 1515(d) (relating to new initiatives program).
28 (2) Money in the restricted account beyond that
29 necessary under paragraph (1) shall be used for public
30 passenger transportation, as defined in 74 Pa.C.S. § 1503
20070H1590B2342 - 2 -
1 (relating to definitions) or for costs related to the
2 maintenance, repair, restoration or replacement of local
3 roads and bridges.
4 (b) Taxes.--
5 (1) A county may, by ordinance, impose all of the
6 following taxes:
7 (i) A sales tax on each separate sale at retail of
8 tangible personal property or services within the county
9 of either 0.25% or 0.5% of the purchase price. The
10 Department of Revenue shall administer and collect the
11 tax under this subparagraph in accordance with Article II
12 of the act of March 4, 1971 (P.L.6, No.2), known as the
13 Tax Reform Code of 1971, and shall distribute the money
14 to the county. As used in this subparagraph, the terms
15 "purchase price," "sale at retail" and "tangible personal
16 property" shall have the meanings given to them under
17 section 201 of the Tax Reform Code of 1971.
18 (ii) A use tax on each use within the county of
19 tangible personal property purchased at retail and on
20 those services purchased at retail of either 0.25% or
21 0.5% of the purchase price. The ordinance shall provide
22 that the tax shall not be paid if the person has paid the
23 tax imposed under subparagraph (i) or has paid the tax
24 imposed under this subparagraph to the vendor with
25 respect to the use. The Department of Revenue shall
26 administer and collect the tax under this subparagraph in
27 accordance with Article II of the Tax Reform Code of 1971
28 and shall distribute the money to the county. As used in
29 this subparagraph, the terms "purchase price," "tangible
30 personal property" and "vendor" shall have the meanings
20070H1590B2342 - 3 -
1 given to them under section 201 of the Tax Reform Code of
2 1971.
3 (iii) An excise tax of either 0.25% or 0.5% of the
4 rent upon the occupancy of each hotel room in the county.
5 As used in this subparagraph, the terms "hotel,"
6 "occupancy" and "rent" shall have the meanings given to
7 them under section 209(a) of the Tax Reform Code of 1971.
8 (2) A municipality other than a county may, by
9 ordinance, impose a tax on earned income, as defined under
10 section 13 of the act of December 31, 1965 (P.L.1257,
11 No.511), known as The Local Tax Enabling Act, of either 0.25%
12 or 0.5%. The tax under this paragraph shall be in addition to
13 the tax imposed under The Local Tax Enabling Act.
14 (3) A municipality may, by ordinance, impose a tax of up
15 to $2 per day on each rental vehicle. As used in this
16 paragraph, the term "rental vehicle" shall have the meaning
17 given it in section 1601-A of the Tax Reform Code of 1971.
18 (4) A county may impose, under the statutory authority
19 of the county to levy an excise tax on the price of a hotel
20 room rental, an additional excise tax of up to 1% on the
21 price of a hotel room rental.
22 Section 1.1. Title 74 is amended by adding a section to
23 read:
24 § 303. Minority and women-owned business participation.
25 (a) General rule.--In administering the provisions of this
26 title, the department and any local transportation organization
27 shall:
28 (1) Be responsible for ensuring that all competitive
29 contract opportunities issued by the department or local
30 transportation organization seek to maximize participation by
20070H1590B2342 - 4 -
1 minority and women-owned businesses and other disadvantaged
2 businesses.
3 (2) Give consideration, when possible and cost
4 effective, to contractors offering to utilize minority and
5 women-owned businesses and disadvantaged businesses in the
6 selection and award of contracts.
7 (3) Ensure that the department's and local
8 transportation organizations's commitment to the minority and
9 women-owned business program is clearly understood and
10 appropriately implemented and enforced by all department and
11 local transportation organization employees.
12 (4) Designate a responsible official to supervise the
13 department and local transportation organization minority and
14 women-owned business program and ensure compliance within the
15 department or local transportation organization.
16 (5) Furnish the Department of General Services, upon
17 request, all requested information or assistance.
18 (6) Recommend sanctions to the Secretary of General
19 Services, as may be appropriate, against businesses that fail
20 to comply with the policies of the Commonwealth minority and
21 women-owned business program.
22 (b) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Disadvantaged business." A business that is owned or
26 controlled by a majority of persons, not limited to members of
27 minority groups, who are subject to racial or ethnic prejudice
28 or cultural bias.
29 "Local transportation organization." Any of the following:
30 (1) A political subdivision or a public transportation
20070H1590B2342 - 5 -
1 port or redevelopment authority organized under the laws of
2 this Commonwealth or pursuant to an interstate compact or
3 otherwise empowered to render, contract for the rendering or
4 assist in the rendering of transportation service in a
5 limited area in this Commonwealth, even though it may also
6 render or assist in rendering transportation service in
7 adjacent states.
8 (2) A nonprofit association that directly or indirectly
9 provides public transportation service.
10 (3) A nonprofit association of public transportation
11 providers operating within this Commonwealth.
12 "Minority-owned business." A business owned and controlled
13 by a majority of persons who are African Americans, Hispanic
14 Americans, Native Americans, Asian Americans, Alaskans and
15 Pacific Islanders.
16 "Women-owned business." A business owned and controlled by a
17 majority of persons who are women.
18 Section 1.2. Chapter 13 of Title 74 is repealed:
19 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <--
20 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
21 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <--
22 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
23 § 303. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION.
24 (A) GENERAL RULE.--IN ADMINISTERING THE PROVISIONS OF THIS
25 TITLE, THE DEPARTMENT AND ANY LOCAL TRANSPORTATION ORGANIZATION
26 SHALL:
27 (1) BE RESPONSIBLE FOR ENSURING THAT ALL COMPETITIVE
28 CONTRACT OPPORTUNITIES ISSUED BY THE DEPARTMENT OR LOCAL
29 TRANSPORTATION ORGANIZATION SEEK TO MAXIMIZE PARTICIPATION BY
30 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES AND OTHER
20070H1590B2342 - 6 -
1 DISADVANTAGED BUSINESSES.
2 (2) GIVE CONSIDERATION, WHEN POSSIBLE AND COST
3 EFFECTIVE, TO CONTRACTORS OFFERING TO UTILIZE MINORITY-OWNED
4 AND WOMEN-OWNED BUSINESSES AND DISADVANTAGED BUSINESSES IN
5 THE SELECTION AND AWARD OF CONTRACTS.
6 (3) ENSURE THAT THE DEPARTMENT'S AND LOCAL
7 TRANSPORTATION ORGANIZATIONS'S COMMITMENT TO THE MINORITY-
8 OWNED AND WOMEN-OWNED BUSINESS PROGRAM IS CLEARLY UNDERSTOOD
9 AND APPROPRIATELY IMPLEMENTED AND ENFORCED BY ALL DEPARTMENT
10 AND LOCAL TRANSPORTATION ORGANIZATION EMPLOYEES.
11 (4) DESIGNATE A RESPONSIBLE OFFICIAL TO SUPERVISE THE
12 DEPARTMENT AND LOCAL TRANSPORTATION ORGANIZATION MINORITY-
13 OWNED AND WOMEN-OWNED BUSINESS PROGRAM AND ENSURE COMPLIANCE
14 WITHIN THE DEPARTMENT OR LOCAL TRANSPORTATION ORGANIZATION.
15 (5) FURNISH THE DEPARTMENT OF GENERAL SERVICES, UPON
16 REQUEST, ALL REQUESTED INFORMATION OR ASSISTANCE.
17 (6) RECOMMEND SANCTIONS TO THE SECRETARY OF GENERAL
18 SERVICES, AS MAY BE APPROPRIATE, AGAINST BUSINESSES THAT FAIL
19 TO COMPLY WITH THE POLICIES OF THE COMMONWEALTH MINORITY-
20 OWNED AND WOMEN-OWNED BUSINESS PROGRAM.
21 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
22 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
23 SUBSECTION:
24 "DISADVANTAGED BUSINESS." A BUSINESS THAT IS OWNED OR
25 CONTROLLED BY A MAJORITY OF PERSONS, NOT LIMITED TO MEMBERS OF
26 MINORITY GROUPS, WHO ARE SUBJECT TO RACIAL OR ETHNIC PREJUDICE
27 OR CULTURAL BIAS.
28 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING:
29 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION
30 PORT OR REDEVELOPMENT AUTHORITY ORGANIZED UNDER THE LAWS OF
20070H1590B2342 - 7 -
1 THIS COMMONWEALTH OR PURSUANT TO AN INTERSTATE COMPACT OR
2 OTHERWISE EMPOWERED TO RENDER, CONTRACT FOR THE RENDERING OF
3 OR ASSIST IN THE RENDERING OF TRANSPORTATION SERVICE IN A
4 LIMITED AREA IN THIS COMMONWEALTH, EVEN THOUGH IT MAY ALSO
5 RENDER OR ASSIST IN RENDERING TRANSPORTATION SERVICE IN
6 ADJACENT STATES.
7 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY
8 PROVIDES PUBLIC TRANSPORTATION SERVICE.
9 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION
10 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH.
11 "MINORITY-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED
12 BY A MAJORITY OF INDIVIDUALS WHO ARE AFRICAN AMERICANS, HISPANIC
13 AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS, ALASKANS OR
14 PACIFIC ISLANDERS.
15 "WOMEN-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED BY A
16 MAJORITY OF INDIVIDUALS WHO ARE WOMEN.
17 SECTION 1.1. TITLE 53 IS AMENDED BY ADDING A CHAPTER TO
18 READ:
19 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED STATUTES <--
20 IS AMENDED BY ADDING A CHAPTER TO READ:
21 CHAPTER 86
22 TAXATION FOR PUBLIC TRANSPORTATION
23 SEC.
24 8601. SCOPE.
25 8602. LOCAL FINANCIAL SUPPORT.
26 § 8601. SCOPE.
27 THIS CHAPTER RELATES TO LOCAL FUNDING FOR SUSTAINABLE
28 MOBILITY OPTIONS.
29 § 8602. LOCAL FINANCIAL SUPPORT.
30 (A) IMPOSITION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
20070H1590B2342 - 8 -
1 A COUNTY OF THE SECOND CLASS MAY OBTAIN FINANCIAL SUPPORT FOR
2 TRANSIT SYSTEMS BY IMPOSING ONE OR MORE OF THE TAXES UNDER
3 SUBSECTION (B). MONEY OBTAINED FROM THE IMPOSITION SHALL BE
4 DEPOSITED INTO A RESTRICTED ACCOUNT OF THE MUNICIPALITY COUNTY. <--
5 (B) TAXES.--
6 (1) A COUNTY OF THE SECOND CLASS MAY, BY ORDINANCE,
7 IMPOSE ALL ANY OF THE FOLLOWING TAXES: <--
8 (I) A TAX ON THE SALE AT RETAIL OF LIQUOR AND MALT
9 AND BREWED BEVERAGES WITHIN THE COUNTY. THE ORDINANCE
10 SHALL BE MODELED ON THE ACT OF JUNE 10, 1971 (P.L.153,
11 NO.7), KNOWN AS THE FIRST CLASS SCHOOL DISTRICT LIQUOR
12 SALES TAX ACT OF 1971; AND THE RATE OF TAX AUTHORIZED
13 UNDER THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE
14 ESTABLISHED UNDER THAT ACT.
15 (II) AN EXCISE TAX ON EACH RENTING OF A RENTAL
16 VEHICLE IN THE COUNTY. THE RATE OF TAX AUTHORIZED UNDER
17 THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE ESTABLISHED
18 UNDER SECTION 2301(E) OF THE ACT OF MARCH 4, 1971 (P.L.6,
19 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. AS USED IN
20 THIS SUBPARAGRAPH, THE TERM "RENTAL VEHICLE" HAS THE
21 MEANING GIVEN TO IT IN SECTION 1601-A OF THE TAX REFORM
22 CODE OF 1971.
23 (2) (RESERVED).
24 (C) DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM <--
25 "COUNTY OF THE SECOND CLASS" SHALL NOT INCLUDE A COUNTY OF THE
26 SECOND CLASS A.
27 SECTION 1.1. TITLE 74 IS AMENDED BY ADDING A SECTION TO <--
28 READ:
29 § 303. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION.
30 (A) GENERAL RULE.--IN ADMINISTERING THE PROVISIONS OF THIS
20070H1590B2342 - 9 -
1 TITLE, THE DEPARTMENT AND ANY LOCAL TRANSPORTATION ORGANIZATION
2 SHALL:
3 (1) BE RESPONSIBLE FOR ENSURING THAT ALL COMPETITIVE
4 CONTRACT OPPORTUNITIES ISSUED BY THE DEPARTMENT OR LOCAL
5 TRANSPORTATION ORGANIZATION SEEK TO MAXIMIZE PARTICIPATION BY
6 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES AND OTHER
7 DISADVANTAGED BUSINESSES.
8 (2) GIVE CONSIDERATION, WHEN POSSIBLE AND COST
9 EFFECTIVE, TO CONTRACTORS OFFERING TO UTILIZE MINORITY-OWNED
10 AND WOMEN-OWNED BUSINESSES AND DISADVANTAGED BUSINESSES IN
11 THE SELECTION AND AWARD OF CONTRACTS.
12 (3) ENSURE THAT THE DEPARTMENT'S AND LOCAL
13 TRANSPORTATION ORGANIZATIONS'S COMMITMENT TO THE MINORITY-
14 OWNED AND WOMEN-OWNED BUSINESS PROGRAM IS CLEARLY UNDERSTOOD
15 AND APPROPRIATELY IMPLEMENTED AND ENFORCED BY ALL DEPARTMENT
16 AND LOCAL TRANSPORTATION ORGANIZATION EMPLOYEES.
17 (4) DESIGNATE A RESPONSIBLE OFFICIAL TO SUPERVISE THE
18 DEPARTMENT AND LOCAL TRANSPORTATION ORGANIZATION MINORITY-
19 OWNED AND WOMEN-OWNED BUSINESS PROGRAM AND ENSURE COMPLIANCE
20 WITHIN THE DEPARTMENT OR LOCAL TRANSPORTATION ORGANIZATION.
21 (5) FURNISH THE DEPARTMENT OF GENERAL SERVICES, UPON
22 REQUEST, ALL REQUESTED INFORMATION OR ASSISTANCE.
23 (6) RECOMMEND SANCTIONS TO THE SECRETARY OF GENERAL
24 SERVICES, AS MAY BE APPROPRIATE, AGAINST BUSINESSES THAT FAIL
25 TO COMPLY WITH THE POLICIES OF THE COMMONWEALTH MINORITY-
26 OWNED AND WOMEN-OWNED BUSINESS PROGRAM. THIS PARAGRAPH SHALL
27 NOT APPLY TO A LOCAL TRANSPORTATION ORGANIZATION.
28 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
30 SUBSECTION:
20070H1590B2342 - 10 -
1 "DISADVANTAGED BUSINESS." A BUSINESS THAT IS OWNED OR
2 CONTROLLED BY A MAJORITY OF PERSONS, NOT LIMITED TO MEMBERS OF
3 MINORITY GROUPS, WHO ARE SUBJECT TO RACIAL OR ETHNIC PREJUDICE
4 OR CULTURAL BIAS.
5 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING:
6 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION
7 AUTHORITY, PORT AUTHORITY OR REDEVELOPMENT AUTHORITY
8 ORGANIZED UNDER THE LAWS OF THIS COMMONWEALTH OR PURSUANT TO
9 AN INTERSTATE COMPACT OR OTHERWISE EMPOWERED TO RENDER,
10 CONTRACT FOR THE RENDERING OF OR ASSIST IN THE RENDERING OF
11 TRANSPORTATION SERVICE IN A LIMITED AREA IN THIS
12 COMMONWEALTH, EVEN THOUGH IT MAY ALSO RENDER OR ASSIST IN
13 RENDERING TRANSPORTATION SERVICE IN ADJACENT STATES.
14 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY
15 PROVIDES PUBLIC TRANSPORTATION SERVICE.
16 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION
17 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH.
18 "MINORITY-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED
19 BY A MAJORITY OF INDIVIDUALS WHO ARE AFRICAN AMERICANS, HISPANIC
20 AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS, ALASKANS OR
21 PACIFIC ISLANDERS.
22 "WOMEN-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED BY A
23 MAJORITY OF INDIVIDUALS WHO ARE WOMEN.
24 SECTION 2. SUBJECT TO SECTION 13.1 9 OF THIS ACT, CHAPTER 13 <--
25 OF TITLE 74 IS REPEALED:
26 [CHAPTER 13
27 PUBLIC TRANSPORTATION ASSISTANCE
28
29 § 1301. Definitions.
30 The following words and phrases when used in this chapter
20070H1590B2342 - 11 -
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Asset maintenance costs." All vehicle maintenance expenses,
4 nonvehicle maintenance expenses and materials and supplies used
5 in the operation of local transportation organizations and
6 transportation companies.
7 "Average fare." Total passenger revenue divided by the total
8 number of fare-paying passengers. With regard to the calculation
9 of average fare or base fare for the reimbursement of losses
10 resulting from free service to senior citizens authorized by
11 this part, the Department of Transportation shall not
12 differentiate between bus services provided within an operating
13 unit or division of any transit agency for any reason. Services
14 funded under either the State urban or rural operating
15 assistance programs will be considered separate operating units.
16 "Bus." A motor vehicle designed for carrying 15 or more
17 passengers, exclusive of the driver, and used for the
18 transportation of persons, and a motor vehicle, other than a
19 taxicab, designed and used for the transportation of persons for
20 compensation.
21 "Capital project." Any system of public passenger or public
22 passenger and rail transportation, including, but not limited
23 to, any railway, street railway, subway, elevated and monorail
24 passenger or passenger and rail rolling stock, including self-
25 propelled and gallery cars, locomotives, passenger buses and
26 wires, poles and equipment for the electrification of any of the
27 foregoing, rails, tracks, roadbeds, guideways, elevated
28 structures, buildings, stations, terminals, docks, shelters,
29 airports and parking areas for use in connection with public
30 passenger or public passenger and rail transportation systems,
20070H1590B2342 - 12 -
1 interconnecting lines and tunnels to provide passenger or
2 passenger and rail service connections between transportation
3 systems, transportation routes, corridors, and rights-of-way for
4 any thereof (but not for public highways), signal and
5 communication systems necessary or desirable for the
6 construction, operation or improvement of the public passenger
7 or passenger and rail transportation system involved, or any
8 improvement of or overhaul of any vehicle, equipment or
9 furnishings for any of the foregoing or any part, or fractional
10 and undivided co-ownership or leasehold interest in any one or
11 combination of any of the foregoing, that may be designated as a
12 capital project by the secretary.
13 "Class 1 transit entity." A local transportation
14 organization or transportation company operating 1,000 or more
15 transit vehicles in the peak period.
16 "Class 2 transit entity." A local transportation
17 organization or transportation company operating more than 300
18 but less than 1,000 transit vehicles in the peak period.
19 "Class 3 transit entity." A local transportation
20 organization or transportation company operating 300 or less
21 fixed-route transit vehicles in the peak period serving an
22 urbanized area.
23 "Class 4 transit entity." Any local transportation
24 organization or transportation company which serves a
25 nonurbanized area and, during the 1990-1991 fiscal year,
26 received or was approved to receive funding under the act of
27 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania
28 Rural and Intercity Common Carrier Surface Transportation
29 Assistance Act.
30 "Class 4 transit entity adjusted base grant." The State
20070H1590B2342 - 13 -
1 subsidy for operating expenses a Class 4 transit entity received
2 during the 1990-1991 fiscal year, including any funds
3 appropriated under the act of February 11, 1976 (P.L.14, No.10),
4 known as the Pennsylvania Rural and Intercity Common Carrier
5 Surface Transportation Assistance Act; adjusted for factors
6 which, in the judgment of the department, caused significant
7 increases or decreases in the amount of State subsidy to a Class
8 4 transit entity during the 1990-1991 fiscal year; and further
9 adjusted, with respect to any Class 4 transit entity which
10 received a State subsidy for less than the entire 1990-1991
11 fiscal year, to reflect the annual subsidy that Class 4 transit
12 entity would have received during that fiscal year if it had
13 received a State subsidy for that entire fiscal year.
14 "Community transportation programs." Programs eligible to be
15 funded pursuant to section 1312 (relating to community
16 transportation programs).
17 "Construction." The term includes acquisition as well as
18 construction.
19 "Counties." The term includes any county.
20 "County transportation system." Buses, vans or other transit
21 vehicles purchased, maintained and operated by any county and
22 used to provide free or reduced rate transportation within the
23 county to persons 65 years of age or older.
24 "Department." The Department of Transportation of the
25 Commonwealth.
26 "Equipment" and "furnishings." Any equipment and furnishings
27 whatsoever as may be deemed desirable and required for a capital
28 project and approved by the Department of Transportation for the
29 use and occupancy of that capital project. The terms include the
30 installation of such equipment and furnishings.
20070H1590B2342 - 14 -
1 "Federal agency." The United States of America, the
2 President of the United States of America and any department of,
3 or corporation, agency or instrumentality heretofore or
4 hereafter created, designated or established by, the United
5 States of America.
6 "Fixed-route public transportation services." Regularly
7 scheduled transportation that is available to the general public
8 and is provided according to published schedules along
9 designated published routes with specified stopping points for
10 the taking on and discharging of passengers, including public
11 bus and commuter rail systems. The term does not include
12 exclusive ride taxi service, charter or sightseeing services,
13 nonpublic transportation or school bus or limousine services.
14 "Fund." The Public Transportation Assistance Fund.
15 "Improvement." Any extension, enlargement, equipping,
16 furnishing, as well as any improvement.
17 "Local transportation organization." Any political
18 subdivision or any mass transportation, port, redevelopment or
19 airport authority now or hereafter organized under the Laws of
20 Pennsylvania or pursuant to an interstate compact or otherwise
21 empowered to render, contract for the rendering or assist in the
22 rendering of transportation service in a limited area in the
23 Commonwealth of Pennsylvania, even though it may also render or
24 assist in rendering transportation service in adjacent states,
25 or any nonprofit association of public transportation providers
26 within this Commonwealth.
27 "Materials and supplies." Those categories of expenses
28 contained in object class code 504 as specified in the National
29 Urban Mass Transportation Statistics, 1989 Section 15 Annual
30 Report, Report No. UMTA-IT-06-0352-90-1.
20070H1590B2342 - 15 -
1 "Municipality." Includes any city, borough, incorporated
2 town or township.
3 "Nonurbanized area." Any area in this Commonwealth which
4 does not fall within an area classified as "urbanized" by the
5 United States Bureau of the Census of the United States
6 Department of Commerce in the 1990 Census of Population or any
7 area in this Commonwealth not classified as "urbanized" in any
8 future decennial census of the United States.
9 "Nonvehicle maintenance expenses." The categories of costs
10 associated with the inspection, maintenance and repair of assets
11 other than vehicles, as specified in the National Urban Mass
12 Transportation Statistics, 1989 Section 15 Annual Report, Report
13 No. UMTA-IT-06-0352-90-1.
14 "Pennsylvania Mass Transit Statistical Report." The summary
15 of selected financial and operating data concerning local
16 transportation organizations and transportation companies for
17 services in urbanized areas published annually by the Department
18 of Transportation since the 1973-1974 fiscal year. The
19 department shall publish the Pennsylvania Mass Transit
20 Statistical Report on an annual basis, which report shall
21 contain statistics with respect to the prior fiscal year,
22 including those statistics needed for the department to make the
23 calculations required pursuant to sections 1303 (relating to
24 annual appropriation and computation of subsidy) and 1310
25 (relating to distribution of funding), and such other material
26 as the department shall determine.
27 "Pennsylvania Rural and Small Urban Public Transportation
28 Program Statistical Report." The summary of selected financial
29 and operating data concerning rural and small urban local
30 transportation organizations and transportation companies for
20070H1590B2342 - 16 -
1 services in nonurbanized areas published by the Department of
2 Transportation. The department shall publish the Pennsylvania
3 Rural and Small Urban Public Transportation Program Statistical
4 Report on an annual basis, which report shall contain statistics
5 with respect to the prior fiscal year, including those
6 statistics needed for the department to make the calculations
7 required pursuant to sections 1303 (relating to annual
8 appropriation and computation of subsidy) and 1310 (relating to
9 distribution of funding), and such other material as the
10 department shall determine.
11 "Person." The term includes natural persons, firms,
12 associations, corporations, business trusts, partnerships and
13 public bodies, including local transportation organizations.
14 "Planning, development, research, rural expansion and
15 department-initiated programs." Any program eligible to be
16 funded pursuant to section 1313 (relating to additional
17 programs).
18 "Project grant." The Commonwealth's share of the cost of
19 carrying out the particular project, which cost may include
20 costs incurred prior to the effective date of this part and
21 which cost shall include an appropriate allowance for the
22 administrative expenses involved in carrying out the project.
23 "Property." All property, real, personal or mixed, tangible
24 or intangible, or any interest therein, including fractional and
25 undivided co-ownership interests.
26 "Public highway." Every way or place, of whatever nature,
27 open to the use of the public as a matter of right for purposes
28 of vehicular travel. Solely for the purpose of administering
29 this part, the term shall not be deemed to include a bridge
30 located wholly within this Commonwealth which is open to the use
20070H1590B2342 - 17 -
1 of the public for the purpose of vehicular traffic but which on
2 March 15, 1964, was owned and maintained by a mass
3 transportation or port authority and which comprises a part of
4 the transportation system of the mass transportation or port
5 authority.
6 "Revenue hours." The total amount of time, calculated in
7 hours, during which vehicles of a Class 4 transit entity are in
8 service and available for public use as reported with respect to
9 the most recent fiscal year in the most recently issued
10 Pennsylvania Rural and Small Urban Public Transportation
11 Statistical Report.
12 "Revenue miles." The total number of in-service miles
13 traveled by vehicles of a Class 4 transit entity as reported
14 with respect to the most recent fiscal year in the most recently
15 issued Pennsylvania Rural and Small Urban Public Transportation
16 Statistical Report.
17 "Secretary." The Secretary of Transportation of the
18 Commonwealth.
19 "Shared-ride public transportation services." Demand-
20 responsive transportation that is available to the general
21 public, operates on a nonfixed route basis and charges a fare to
22 all riders. For transportation to be included in this definition
23 the first fare-paying passengers to enter the public
24 transportation vehicle must not refuse to share the vehicle with
25 other passengers during a given trip. Services excluded under
26 this definition are: exclusive ride taxi service; charter and
27 sightseeing services; nonpublic transportation; school bus or
28 limousine services.
29 "Transit vehicle." A self-propelled or electrically
30 propelled vehicle designed for carrying 15 or more passengers,
20070H1590B2342 - 18 -
1 exclusive of the driver, other than a taxicab, designed and used
2 for the transportation of persons for compensation, including,
3 but not limited to, subway cars, trolleys, trackless trolleys
4 and railroad passenger cars.
5 "Transportation company." Any person, firm or corporation
6 rendering public passenger or public passenger and rail
7 transportation service, with or without the rendering of other
8 service, in this Commonwealth pursuant to common carrier
9 authorization from the Pennsylvania Public Utility Commission or
10 the Interstate Commerce Commission.
11 "Urban common carrier mass transportation." Transportation
12 within an area that includes a municipality or other built-up
13 place which is appropriate, in the judgment of the Department of
14 Transportation, for a common carrier transportation system to
15 serve commuters or others in the locality, taking into
16 consideration the local patterns and trends of urban growth, by
17 bus or rail or other conveyance, either publicly or privately
18 owned, serving the general public. The term does not include
19 school buses or charter or sightseeing service.
20 "Urban Mass Transportation Act of 1964." Public Law 88-365,
21 49 U.S.C. § 1601 et seq.
22 "Urbanized area." A portion of this Commonwealth classified
23 as "urbanized" by the United States Bureau of the Census of the
24 United States Department of Commerce in the 1990 Census of
25 Population or any area in this Commonwealth classified as
26 "urbanized" in any future decennial census of the United States.
27 "Vehicle hours." The total amount of time, calculated in
28 hours, during which vehicles of a local transportation
29 organization or transportation company are in service and
30 available for public use, listed with respect to the most recent
20070H1590B2342 - 19 -
1 fiscal year reported in the most recently issued Pennsylvania
2 Mass Transit Statistical Report.
3 "Vehicle maintenance expenses." The categories of costs
4 associated with the inspection, maintenance and repair of
5 vehicles as specified in the National Urban Mass Transportation
6 Statistics, 1989 Section 15 Annual Report, Report No. UMTA-IT-
7 06-0352-90-1.
8 "Vehicle miles." The total distance, calculated in miles,
9 which is funded in whole or in part by this part, traveled by
10 vehicles of a local transportation organization or
11 transportation company listed with respect to the most recent
12 fiscal year reported in the most recently issued Pennsylvania
13 Mass Transit Statistical Report.
14 § 1302. Program authorizations.
15 The department is hereby authorized, within the limitations
16 hereinafter provided, and is required where the provisions of
17 section 1303 (relating to annual appropriation and computation
18 of subsidy) apply:
19 (1) To undertake and to provide financial support for
20 research, by contract or otherwise, concerning urban common
21 carrier mass transportation.
22 (2) To make grants to municipalities, counties, or their
23 instrumentalities, and to agencies and instrumentalities of
24 the Commonwealth to supplement Federal or local or Federal
25 and local funds for use:
26 (i) For the purpose of studies, analysis, planning
27 and development of programs for urban common carrier mass
28 transportation service and facilities, and for the
29 purpose of activities related to the planning,
30 engineering and designing of specific projects which are
20070H1590B2342 - 20 -
1 a part of a comprehensive program, including, but not
2 limited to, activities such as studies related to
3 management, operations, capital requirements and economic
4 feasibility, to the preparation of engineering and
5 architectural surveys, plans and specifications and to
6 other similar or related activities preliminary to and in
7 preparation for the construction, acquisition or improved
8 operation of urban common carrier mass transportation
9 systems, facilities and equipment. State funding under
10 this subparagraph shall not exceed five-sixths of the
11 non-Federal share of the project costs.
12 (ii) To provide for research, development and
13 demonstration projects in all phases of urban common
14 carrier mass transportation, including the development,
15 testing and demonstration of new facilities, equipment,
16 techniques and methods, to assist in the solution of
17 urban transportation problems, in the improvement of mass
18 transportation service and the contribution of such
19 service toward meeting total urban transportation needs
20 at minimum cost. State funding under this subparagraph
21 shall not exceed five-sixths of the non-Federal share of
22 the project costs.
23 (iii) To assist in providing grants to continue
24 necessary service to the public, to permit needed
25 improvements in service which are not self-supporting, to
26 permit service which may be socially desirable but
27 economically unjustified, and otherwise for any purpose
28 in furtherance of urban common carrier mass
29 transportation. The methodology for calculating the
30 amount of the grant under this subparagraph shall be
20070H1590B2342 - 21 -
1 determined in accordance with section 1303. Each grant to
2 a Class 1 transit entity, to a Class 2 transit entity or
3 to a Class 3 transit entity made pursuant to this
4 paragraph shall be matched by local or private funding in
5 an amount not less than one-third of the total State
6 grant made pursuant to section 1303(b). Any grants to
7 Class 3 transit entities may, however, be matched by an
8 amount not less than the amount of local or private
9 funding which is specified in the State contract for the
10 1990-1991 fiscal year if the department shall have
11 received a certification from such Class 3 transit entity
12 that such lower level of local or private funding is
13 adequate to prevent significant service reductions or
14 passenger fare increases.
15 (3) To make grants to any transportation company or
16 companies for use in providing necessary service to the
17 public, to permit needed improvements in services which are
18 not self-supporting, to permit services which may be socially
19 desirable but economically unjustified, and otherwise for any
20 purpose in furtherance of urban common carrier mass
21 transportation. In view of the particular sensitivity of
22 special instrumentalities and agencies of the Commonwealth
23 created to serve or coordinate the local transportation needs
24 of substantial metropolitan areas, no grant moneys may be
25 used exclusively or principally in the local service area of
26 any such agency or instrumentality in which a city or county
27 of the first or second class has membership, except in
28 accordance with a system of priorities agreed upon by the
29 department and such agency or instrumentality. In the case of
30 a grant where the moneys granted will be used for an activity
20070H1590B2342 - 22 -
1 to be conducted exclusively or principally within the local
2 service areas of such agency or instrumentality, no grant
3 moneys may be used except in accordance with agreements by
4 the department and such agency or instrumentality with
5 respect to such use. In the case of a grant not falling
6 within the scope of the preceding sentence but where moneys
7 granted will be used both within and without the local
8 service area of such agency or instrumentality, the grant
9 shall require that the routes, schedules and fares applicable
10 only within such service areas shall be those mutually agreed
11 upon by the department and such agency or instrumentality. No
12 agreement referred to in this paragraph shall impair,
13 suspend, reduce, enlarge or extend or affect in any manner
14 the powers of the Pennsylvania Public Utility Commission or
15 the Interstate Commerce Commission otherwise applicable by
16 law. Each grant to a Class 1 transit entity, to a Class 2
17 transit entity or to a Class 3 transit entity made pursuant
18 to this paragraph shall be matched by local or private
19 funding in an amount not less than one-third of the total
20 State grant made pursuant to section 1303(b). Any grants to
21 Class 3 transit entities may, however, be matched by an
22 amount not less than the amount of local or private funding
23 which is specified in the State contract for the 1990-1991
24 fiscal year if the department shall have received a
25 certification from such Class 3 transit entity that such
26 lower level of local or private funding is adequate to
27 prevent significant service reductions and/or passenger fare
28 increases.
29 (4) In connection with privately or locally assisted
30 capital projects or capital projects financed with private or
20070H1590B2342 - 23 -
1 local and Federal funds, to make grants for approved capital
2 projects to a local transportation organization or a
3 transportation company, including the acquisition,
4 construction, reconstruction and improvement of facilities
5 and equipment, buses and other rolling stock, and other real
6 or personal property, including land (but not public
7 highways), needed for an efficient and coordinated mass
8 transportation system for use, by operation, lease or
9 otherwise, in urban common carrier mass transportation
10 service and in coordinating such service with highway and
11 other transportation. No capital project grant shall be made
12 for the purpose of financing, directly or indirectly, the
13 acquisition of any interest in, or the purchase of any
14 facilities or other property of, a private urban common
15 carrier mass transportation company. Each capital project
16 shall be based on a program or plan approved by the
17 department. No capital project grant shall exceed five-sixths
18 of the non-Federal share, subject, however, to the following
19 specific exceptions:
20 (i) If two or more capital projects are combined for
21 financing purposes, the amount of department funds used
22 for any one of such projects may exceed five-sixths of
23 the non-Federal share, provided that the total amount of
24 department funds provided for all the projects so
25 combined does not exceed five-sixths of the total non-
26 Federal share of all of the projects so combined.
27 (ii) If a capital project is eligible to receive
28 Federal financial assistance under the Urban Mass
29 Transportation Act of 1964 and if the project application
30 for such Federal financial assistance has been rejected
20070H1590B2342 - 24 -
1 or delayed because of a lack of Federal funds or if the
2 normal amount of Federal grant cannot be provided because
3 of a lack of Federal funds and if the department has
4 determined that the capital project is essential and
5 should proceed without delay, department funds for such
6 capital project may be increased temporarily to finance
7 the entire net project cost, with the requirement that,
8 upon the availability of additional Federal funds and the
9 making to the capital project of a new or an additional
10 Federal grant, the amount of department funds in excess
11 of five-sixths of the non-Federal share be refunded to
12 the department or be applied as the department may direct
13 to help meet the department's share of the cost of
14 another project in which the department is a participant.
15 (iii) If a project is ineligible to receive Federal
16 financial assistance under the Urban Mass Transportation
17 Act of 1964 and if the department has determined that the
18 project is essential and should proceed without delay,
19 the amount of department funds for such project shall be
20 limited to an amount not to exceed one-half of the net
21 project cost.
22 (5) To make grants from the State Lottery Fund in
23 accordance with Chapter 7 of the act of August 14, 1991
24 (P.L.342, No.36), known as the Lottery Fund Preservation Act.
25 (6) To participate in a pooled bus acquisition program
26 with transportation companies or local transportation
27 organizations and the Federal Government for the purpose of
28 making buses available to transportation companies or local
29 transportation organizations for use in urban common carrier
30 mass transportation service, in accordance with the following
20070H1590B2342 - 25 -
1 procedures:
2 (i) The department may apply to the Urban Mass
3 Transportation Administration of the United States
4 Department of Transportation for the Federal share of any
5 pooled-bus acquisition project.
6 (ii) The department may, with the assistance of the
7 Department of General Services or a special group
8 comprised of representatives of the transportation
9 companies or local transportation organizations within
10 the Commonwealth, write specifications for and order
11 buses on behalf of any number of transportation companies
12 or local transportation organizations desiring bus
13 acquisition under this program.
14 (iii) Before any order for buses is placed by the
15 department with a manufacturer, the department shall
16 secure written assurance from the Federal Government of
17 the availability of Federal financial assistance for such
18 bus acquisitions. The department shall also secure
19 written obligations by the transportation companies or
20 local transportation organizations participating in such
21 bus acquisitions that they will accept delivery of such
22 buses at the appropriate time and will supply local
23 funding in accordance with subparagraph (iv).
24 (iv) Funding for this program shall be: four-fifths
25 Federal, one-sixth State and one-thirtieth from local
26 sources; however, the local share of program costs may be
27 advanced to the manufacturer by the Commonwealth at the
28 time of purchase. Repayments to the Commonwealth of such
29 advancements shall be considered as augmentations to the
30 fund from which the funds were advanced. No part of the
20070H1590B2342 - 26 -
1 Federal share shall be advanced by the Commonwealth in
2 anticipation of reimbursement.
3 (v) The Commonwealth may take title to and delivery
4 of vehicles acquired pursuant to this program for
5 eventual transfer to transportation companies or local
6 transportation organizations.
7 (vi) All bus acquisitions under this program shall
8 be made in accordance with a system of competitive
9 bidding.
10 (vii) At its discretion, the department may organize
11 and fund, with Commonwealth funds, postacquisition
12 studies reasonably related to any pooled-bus acquisition
13 made pursuant to this section, including, but not limited
14 to, a vehicle inspection study at an appropriate interval
15 or intervals following acquisition in order to monitor
16 the condition of any vehicle purchased pursuant to this
17 section.
18 § 1303. Annual appropriation and computation of subsidy.
19 (a) General rule.--Beginning with the 1991-1992 fiscal year,
20 the Commonwealth shall annually determine the level of
21 appropriation for public transportation assistance, using the
22 standards contained in this section, to sufficiently fund and to
23 make fully operative section 1302(2)(iii) and (3) (relating to
24 program authorizations).
25 (b) Distribution as grants.--The General Assembly shall
26 annually make an appropriation to the department for
27 distribution as grants to local transportation organizations and
28 transportation companies. The total amount of moneys
29 appropriated shall be distributed by the department as grants to
30 local transportation organizations and transportation companies
20070H1590B2342 - 27 -
1 in accordance with the provisions of this section.
2 (c) Distribution formula.--The department shall distribute
3 the total amount appropriated under subsection (b) in the
4 following manner:
5 (1) The department shall calculate the Class 4 transit
6 entity share for the fiscal year.
7 (2) The department shall then calculate the amount of
8 grant due to each Class 4 transit entity as follows:
9 (i) From the Class 4 transit entity share, each
10 Class 4 transit entity shall first receive an amount
11 equal to 100% of its Class 4 transit entity adjusted base
12 grant.
13 (ii) With respect to any portion of the Class 4
14 transit entity share remaining after each Class 4 transit
15 entity receives an amount equal to 100% of its Class 4
16 transit entity adjusted base grant:
17 (A) Fifty percent of such excess shall be
18 distributed to Class 4 transit entities based upon
19 the percentage of the total amount of all Class 4
20 transit entity adjusted base grants given to Class 4
21 transit entities which a particular Class 4 transit
22 entity received.
23 (B) Twenty-five percent of such excess shall be
24 distributed to Class 4 transit entities based upon
25 each transit entity's Class 4 revenue mile
26 percentage. The actual amount received by each Class
27 4 transit entity under this clause shall be
28 determined by multiplying a particular Class 4
29 transit entity's Class 4 revenue mile percentage
30 times 25% of such excess of the Class 4 transit
20070H1590B2342 - 28 -
1 entity share.
2 (C) Twenty-five percent of such excess shall be
3 distributed to Class 4 transit entities based upon
4 each transit entity's Class 4 revenue hour
5 percentage. The actual amount received by each Class
6 4 transit entity under this clause shall be
7 determined by multiplying a particular Class 4
8 transit entity's Class 4 revenue hour percentage
9 times 25% of such excess of the Class 4 transit
10 entity share.
11 (3) All Class 4 transit entities may utilize all of the
12 funds received pursuant to this section for any purpose in
13 furtherance of public transportation. Each grant made to a
14 Class 4 transit entity pursuant to this section shall,
15 however, be matched by local or private funding in an amount
16 not less than one-third of the total State grant made
17 pursuant to subsection (c). Additionally, any grants to Class
18 4 transit entities may be matched by an amount not less than
19 the amount of local or private funding which is specified in
20 the State contract for the 1990-1991 fiscal year if the
21 department shall have received a certification from such
22 Class 4 transit entity that such lower level of local or
23 private funding is adequate to prevent significant service
24 reductions or passenger fare increases.
25 (4) The department shall calculate the Class 1 transit
26 entity share, the Class 2 transit entity share and the Class
27 3 transit entity share for the fiscal year.
28 (5) The department shall then calculate the amount of
29 grant due to each local transportation organization and
30 transportation company as follows:
20070H1590B2342 - 29 -
1 (i) Each Class 1 transit entity shall receive a
2 prorata share of the Class 1 transit entity share. If
3 there is only one Class 1 transit entity, it shall
4 receive the entire Class 1 transit entity share.
5 (ii) Each Class 2 transit entity shall receive a
6 prorata share of the Class 2 transit entity share. If
7 there is only one Class 2 transit entity, it shall
8 receive the entire Class 2 transit entity share.
9 (iii) Each Class 3 transit entity shall receive a
10 portion of the Class 3 transit entity share calculated as
11 follows:
12 (A) From the Class 3 transit entity share, each
13 Class 3 transit entity shall first receive an amount
14 equal to 100% of its Class 3 transit entity adjusted
15 base grant.
16 (B) With respect to any portion of the Class 3
17 transit entity share remaining after each Class 3
18 transit entity receives an amount equal to 100% of
19 its Class 3 transit entity adjusted base grant:
20 (I) Fifty percent of such excess shall be
21 distributed to Class 3 transit entities based
22 upon the percentage of all Class 3 transit entity
23 adjusted base grants given to Class 3 transit
24 entities which a particular Class 3 transit
25 entity received.
26 (II) Twenty-five percent of such excess
27 shall be distributed to Class 3 transit entities
28 based upon each transit entity's Class 3 vehicle
29 mile percentage. The actual amount received by
30 each Class 3 transit entity under this subclause
20070H1590B2342 - 30 -
1 shall be determined by multiplying a particular
2 Class 3 transit entity's Class 3 vehicle mile
3 percentage times 25% of such excess of the Class
4 3 transit entity share.
5 (III) Twenty-five percent of such excess
6 shall be distributed to Class 3 transit entities
7 based upon each Class 3 transit entity's Class 3
8 operating revenue percentage. The actual amount
9 received by each Class 3 transit entity under
10 this subclause shall be determined by multiplying
11 a particular Class 3 transit entity's Class 3
12 operating revenue percentage times 25% of such
13 excess of the Class 3 transit entity share.
14 (6) On or about each July 1, October 1, January 1 and
15 April 1 of each year commencing July 1, 1987, the department
16 shall disburse 25% of the total annual amount due to each
17 local transportation organization or transportation company
18 calculated in accordance with this section.
19 (d) New organizations.--Should a new local transportation
20 organization or transportation company be established and meet
21 the criteria of a Class 1 transit entity, Class 2 transit
22 entity, Class 3 transit entity or Class 4 transit entity as such
23 criteria are set forth in section 1301 (relating to
24 definitions), the department shall make an appropriate
25 determination as to the level of grant to which such local
26 transportation organization or transportation company shall be
27 entitled. This determination shall include, but shall not be
28 limited to, a determination as to an appropriate adjusted base
29 grant for that local transportation organization or
30 transportation company and a determination of appropriate
20070H1590B2342 - 31 -
1 adjustments to class percentages or transit entity shares.
2 (e) Change to different entity class.--If, during any fiscal
3 year, either the number of vehicles operated by a local
4 transportation organization or transportation company or the
5 area served by such a local transportation organization or
6 transportation company changes so that the local transportation
7 organization or transportation company meets the criteria for a
8 different transit entity class, as such criteria are set forth
9 in section 1301, on or before July 15 of the fiscal year which
10 follows such a change and in each fiscal year thereafter, the
11 department shall reflect any change in the transit entity class
12 of such a local transportation organization or transportation
13 company in its calculation of the transit entity shares for each
14 transit entity class for that and subsequent fiscal years. In
15 its calculation of the transit entity shares for each transit
16 entity class required by this section, for the fiscal year
17 following the change in a local transportation organization or
18 transportation company's transit entity class and thereafter,
19 the department shall include the amount of the transit entity
20 share allocated to such a local transportation organization or
21 transportation company for the fiscal year prior to the change
22 in the transit entity class, in the transit entity share for the
23 new transit entity class of such a local transportation
24 organization or transportation company, and shall delete an
25 equal amount from the transit entity share for the transit
26 entity class for which such a local transportation organization
27 or transportation company no longer meets the criteria in the
28 new fiscal year or thereafter.
29 (f) Rates, fares and charges.--
30 (1) Each local transportation organization or
20070H1590B2342 - 32 -
1 transportation company receiving moneys pursuant to this
2 section shall annually fix such rates, fares and charges in
3 such manner that they shall be at all times sufficient in the
4 aggregate, and in conjunction with any moneys received from
5 Federal or other sources, and any other income available to
6 such organization or company, to provide funds for the
7 payment of all operating costs and expenses which shall be
8 incurred by such organization or company.
9 (2) In order to be eligible for the moneys described in
10 paragraph (1), each local transportation organization or
11 transportation company shall adopt an annual operating budget
12 for each fiscal year no later than the last day of the
13 preceding fiscal year. A copy of this operating budget shall
14 be submitted to the department within ten days after its
15 approval, along with a certification by the local
16 transportation organization or transportation company that
17 adequate revenues (including subsidies) are provided to
18 support operating costs and expenses.
19 (g) Standards and measures.--
20 (1) Within one year after the effective date of this
21 part and every year thereafter, each local transportation
22 organization or transportation company receiving moneys
23 pursuant to this section shall adopt a series of service
24 standards and performance evaluation measures. Such standards
25 and measures shall be in addition to the performance audits
26 required by section 1315 (relating to public transportation
27 grants management accountability) and shall consist of
28 objectives and specific numeric performance levels to be
29 achieved in meeting these standards and objectives. Those
30 standards and measures adopted shall include the following,
20070H1590B2342 - 33 -
1 in addition to others deemed appropriate by the local
2 transportation organization or transportation company:
3 (i) An automatic mechanism to review the utilization
4 of routes.
5 (ii) Staffing ratios (ratio of administrative
6 employees to operating employees; number of vehicles per
7 mechanic).
8 (iii) Productivity measures (vehicle miles per
9 employee; passenger and employee accidents per 100,000
10 vehicle miles; on-time performance; miles between road
11 calls).
12 (iv) Fiscal indicators (operating cost per
13 passenger; subsidy per passenger and operating ratio).
14 (iv.1) Reasonable minimum prequalification standards
15 for prospective transit service subcontractors.
16 (v) Any other matter desired by the governing body
17 of such local transportation organization or
18 transportation company.
19 (2) The service standards and performance evaluation
20 measures shall be established by formal action of the
21 governing body of such local transportation organization or
22 transportation company following an opportunity for comment
23 by the public and the department. Upon submission, the
24 department will review and may make recommendations to the
25 local transportation organization or transportation company
26 concerning the service standards and performance evaluation
27 measures.
28 (3) In the discretion of such governing body, the
29 service standards and performance evaluation measures may be
30 systemwide or based on a sampling.
20070H1590B2342 - 34 -
1 (4) The service standards and performance evaluation
2 measures shall only constitute goals for such local
3 transportation organization or transportation company in
4 providing service in the year following their adoption. At
5 the end of such year, fiscal or calendar, as the case may be,
6 a report shall be transmitted to the department for its
7 consideration indicating the projected performance levels and
8 the performance levels actually achieved. Upon submission,
9 the department will review the report and may make
10 recommendations to such local transportation organization or
11 transportation company concerning the performance levels
12 actually achieved. Such report shall be released to the
13 public at the time of issuance.
14 (5) The department may suspend the eligibility for
15 future discretionary transit grant funds of any transit
16 entity which fails to comply with the provisions of this
17 section. The department shall restore the discretionary
18 funding eligibility of a suspended transit entity at such
19 time as the requirements of this section are met in an
20 amended application received by the department.
21 (h) Reduction of certain grants.--With respect to grants to
22 Class 1 transit entities and Class 2 transit entities in any
23 fiscal year, the department shall reduce the grant amount due to
24 such local transportation organization or transportation company
25 by an amount equal to 1% of such grant moneys otherwise due to
26 such local transportation organization or transportation company
27 for each percentage point such local transportation
28 organization's or transportation company's operating ratio is
29 less than 50% in the case of a Class 1 transit entity or less
30 than 46% in the case of a Class 2 transit entity.
20070H1590B2342 - 35 -
1 (i) Audits.--The department is authorized to perform
2 independent financial audits of the financial statements of each
3 local transportation organization or transportation company
4 receiving moneys pursuant to this section. Such audits shall be
5 conducted in accordance with generally accepted auditing
6 standards. Any financial statements subject to such audit or
7 reports resulting from such audit shall be prepared and
8 presented in accordance with generally accepted accounting
9 principles, consistently applied with previous statements
10 rendered for or on behalf of such organization or company. The
11 department may coordinate such audits in conjunction with audits
12 undertaken by the Auditor General.
13 (j) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Class 1 percentage." Seventy percent.
17 "Class 2 percentage." Twenty-five and three-tenths percent.
18 "Class 3 percentage." Four and seven-tenths percent.
19 "Class 1 to 3 allocation." The total amount appropriated
20 under subsection (b) less the Class 4 transit entity share.
21 "Class 1 transit entity share." The product of the Class 1
22 percentage times the Class 1 to 3 allocation in a particular
23 fiscal year.
24 "Class 2 transit entity share." The product of the Class 2
25 percentage times the Class 1 to 3 allocation in a particular
26 fiscal year.
27 "Class 3 transit entity adjusted base grant." The State
28 subsidy which a Class 3 transit entity received during the 1990-
29 1991 fiscal year, including Federal funds transferred from other
30 local transportation organizations and transportation companies
20070H1590B2342 - 36 -
1 from the Federal fiscal year 1989-1990 pursuant to the
2 Governor's apportionment allocation contained in the Urban Mass
3 Transportation Act of 1964.
4 "Class 3 transit entity share." The product of the Class 3
5 percentage times the Class 1 to 3 allocation in a particular
6 fiscal year.
7 "Class 3 vehicle mile percentage." The percentage determined
8 by dividing the vehicle miles of a Class 3 transit entity with
9 respect to the most recent fiscal year as reported in the most
10 recently issued Pennsylvania Mass Transit Statistical Report by
11 the total number of vehicle miles of all Class 3 transit
12 entities with respect to the most recent fiscal year as reported
13 in the most recently issued Pennsylvania Mass Transit
14 Statistical Report.
15 "Class 4 revenue hour percentage." The percentage determined
16 by dividing the revenue hours of a Class 4 transit entity as
17 reported with respect to the most recent fiscal year in the most
18 recently issued Pennsylvania Rural and Small Urban Public
19 Transportation Statistical Report by the total number of revenue
20 hours of all Class 4 transit entities as reported with respect
21 to the most recent fiscal year reported in the most recently
22 issued Pennsylvania Rural and Small Urban Public Transportation
23 Statistical Report.
24 "Class 4 revenue mile percentage." The percentage determined
25 by dividing the revenue miles of a Class 4 transit entity as
26 reported with respect to the most recent fiscal year in the most
27 recently issued Pennsylvania Rural and Small Urban Public
28 Transportation Statistical Report by the total revenue miles of
29 all Class 4 transit entities as reported with respect to the
30 most recent fiscal year reported in the most recently issued
20070H1590B2342 - 37 -
1 Pennsylvania Rural and Small Urban Public Transportation
2 Statistical Report.
3 "Class 4 transit entity share." Two million three hundred
4 thirty-five thousand dollars for the 1991-1992 fiscal year and,
5 during the 1992-1993 fiscal year and each fiscal year
6 thereafter, shall mean the Class 4 transit entity share for the
7 prior fiscal year plus (or minus) the product of the Class 4
8 transit entity share for the prior fiscal year times the
9 percentage increase or decrease in the total operating
10 assistance made available to local transportation organizations
11 and transportation companies for that fiscal year as compared
12 with the most recently completed fiscal year.
13 "Operating ratio." The proportion of total operating revenue
14 (which shall include all passenger, charter and advertising
15 revenue, fare reimbursement received from the State Lottery Fund
16 and all other receipts associated with the delivery of transit
17 services, but shall exclude Federal grants provided to cover
18 operating losses and State grants made pursuant to subsection
19 (b)) divided by total operating expenses associated with day-to-
20 day operation of the system (but excluding depreciation of
21 capital assets).
22 "Operating revenue." The total revenue earned by a local
23 transportation organization or transportation company through
24 its transit operations, including, but not limited to, passenger
25 revenue, senior citizen grant, charter revenue, school contract
26 revenue, advertising and other revenue listed with respect to
27 the most recent fiscal year reported in the most recently issued
28 Pennsylvania Mass Transit Statistical Report.
29 "Operating revenue percentage." The percentage determined by
30 dividing the operating revenues of a local transportation
20070H1590B2342 - 38 -
1 organization or transportation company as reported in the most
2 recently issued Pennsylvania Mass Transit Statistical Report by
3 the total operating revenue of all local transportation
4 organizations or transportation companies as reported in the
5 most recently issued Pennsylvania Mass Transit Statistical
6 Report.
7 § 1304. Grant proposals.
8 (a) General rule.--Grants may be made hereunder with
9 reference to any appropriate project irrespective of when it was
10 first commenced or considered and regardless of whether costs
11 with respect thereto shall have been incurred prior to the time
12 the grant is applied for or made.
13 (b) Applications.--The governing bodies of municipalities,
14 counties or their instrumentalities, and agencies and
15 instrumentalities of the Commonwealth may, by formal resolution,
16 apply and transportation companies by application may apply to
17 the department for State grant funds provided by this chapter.
18 If the action is taken by a governing body, a certified copy of
19 the resolution and, in the case of transportation companies, an
20 application shall be forwarded to the department with a proposal
21 of the governing body or company, which shall set forth the use
22 to be made of State grant funds and the amount of funds required
23 or, in the case of grants under section 1303 (relating to annual
24 appropriation and computation of subsidy), which shall set forth
25 a request that the grant provided for under section 1303 be
26 made.
27 (c) Preference for coordinated systems.--The department
28 shall give preference to any proposal which will assist in
29 carrying out a plan, meeting criteria established by the
30 department, for a unified or officially coordinated urban
20070H1590B2342 - 39 -
1 transportation system as a part of the comprehensively planned
2 development of the urban area, which is necessary for the sound,
3 economic and desirable development of such area and which shall
4 encourage to the maximum extent feasible the participation of
5 private enterprise. This subsection shall not apply to grants
6 made pursuant to section 1303.
7 (d) Use of grants.--The use of the State grant funds shall
8 be for the purposes set forth in section 1302 (relating to
9 program authorizations) and, without limiting the generality of
10 the foregoing, may be used for local contributions required by
11 the Urban Mass Transportation Act of 1964 or other Federal law
12 concerning common carrier mass transportation.
13 (e) Grant agreement.--
14 (1) The department shall review the proposal and, if
15 satisfied that the proposal is in accordance with the
16 purposes of this chapter, shall enter into a grant agreement
17 subject to the condition that the grant be used in accordance
18 with the terms of the proposal. With respect to grants made
19 pursuant to section 1303, the department shall make such
20 grants subject to the condition that the grants be used for
21 the purposes set forth in section 1302 and, where applicable,
22 only after the certification required in section 1302(2)(iii)
23 and (3) shall have been made.
24 (2) The time of payment of the grant and any conditions
25 concerning such payment shall be set forth in the grant
26 agreement.
27 § 1305. Rules and regulations.
28 In order to effectuate and enforce the provisions of this
29 chapter, the department is authorized to promulgate necessary
30 rules and regulations and prescribe conditions and procedures in
20070H1590B2342 - 40 -
1 order to assure compliance in carrying out the purposes for
2 which grants may be made hereunder.
3 § 1306. Cooperation with other governments and private
4 interests.
5 (a) General rule.--The department is directed to administer
6 this program with such flexibility as to permit full cooperation
7 between Federal, State and local governments, agencies and
8 instrumentalities, as well as private interests, so as to result
9 in as effective and economical a program as possible.
10 (b) Agreements.--The department is hereby authorized to
11 enter into agreements providing for mutual cooperation between
12 or among it and any Federal agency, local transportation
13 organization or transportation company concerning any or all
14 projects, including joint applications for Federal grants.
15 § 1307. General authority of department.
16 It is the purpose and intent of this chapter to authorize the
17 department to do any and all other things necessary or desirable
18 to secure the financial aid or cooperation of any Federal agency
19 in any of the department's projects and to do and perform all
20 things which may be required by any statute of the United States
21 of America or by the lawful requirements of any Federal agency
22 authorized to administer any program of Federal aid to
23 transportation. The department is expressly permitted to enter
24 into protective agreements with labor to the extent required
25 under 49 U.S.C. § 5333 (relating to labor standards) in order to
26 obtain Federal grant moneys for transportation assistance. Such
27 protective agreements shall be narrowly drawn and strictly
28 construed to provide no more than the minimum protections
29 required by the United States Department of Labor for such
30 agreements.
20070H1590B2342 - 41 -
1 § 1308. Grants by counties or municipalities.
2 Any county or municipality in any metropolitan area which is
3 a member of a local transportation organization is authorized to
4 make annual grants from current revenues to local transportation
5 organizations to assist in defraying the costs of operations,
6 maintenance and debt service of local transportation
7 organization or of a particular mass transportation project of a
8 local transportation organization and to enter into long-term
9 agreements providing for the payment of the same. The obligation
10 of a municipality or county under any such agreement shall not
11 be considered to be a part of its indebtedness, nor shall such
12 obligation be deemed to impair the status of any indebtedness of
13 such municipality or county which would otherwise be considered
14 as self-sustaining.
15 § 1309. Limitation on decisions, findings and regulations of
16 department.
17 All decisions, findings and regulations made by the
18 department pursuant to this chapter shall be for the purposes of
19 this chapter only and shall not constitute evidence before any
20 regulatory body of this Commonwealth or any other jurisdiction.
21 § 1310. Distribution of funding.
22 (a) General rule.--All moneys made available and required to
23 be used for capital projects, asset maintenance and other
24 programs specified in this section shall be distributed in
25 accordance with the formula specified in this section and used
26 strictly in accordance with section 1311 (relating to use of
27 funds distributed).
28 (b) Distribution procedure.--During each fiscal year,
29 capital project, asset maintenance and other program funds shall
30 be distributed as follows:
20070H1590B2342 - 42 -
1 (1) On or before the fifth day of each month, the
2 Treasury Department shall certify to the department the total
3 amount then available for distribution, and the department
4 shall make distribution of payments required under this
5 subsection on or before the 20th day of each month.
6 (2) Beginning in the 1991-1992 fiscal year, each month,
7 the Treasury Department shall pay one-twelfth of the
8 Department of Transportation project management oversight
9 share for that fiscal year into the General Fund. The moneys
10 so transferred are hereby appropriated to the Department of
11 Transportation for use by that department for expenses
12 related to project management and oversight of capital and
13 asset maintenance projects funded pursuant to this section.
14 (3) Each month, the Treasury Department shall pay one-
15 twelfth of the community transportation program section 1310
16 share for that fiscal year into the General Fund. The funds
17 so transferred are hereby appropriated to the Department of
18 Transportation to make grants to counties, pursuant to
19 section 1312 (relating to community transportation programs),
20 for the purpose of funding capital projects of community
21 transportation programs.
22 (4) Each month, the Treasury Department shall pay the
23 planning, development, research, rural expansion and
24 department-initiated programs section 1310 share for that
25 month into the General Fund. The funds so transferred are
26 hereby appropriated to the Department of Transportation to
27 incur costs directly or to make grants to local
28 transportation organizations or transportation companies, or
29 entities which seek to become local transportation
30 organizations or transportation companies, pursuant to
20070H1590B2342 - 43 -
1 section 1312, for the purpose of funding planning,
2 development, research, rural expansion and department-
3 initiated programs.
4 (5) Each month, the department shall distribute one-
5 twelfth of the Class 4 transit entity section 1310 share to
6 Class 4 transit entities in the manner provided in this
7 paragraph. Each Class 4 transit entity shall receive a
8 portion of each monthly distribution of the Class 4 transit
9 entity section 1310 share as follows:
10 (i) Fifty percent of the monthly distribution of the
11 Class 4 transit entity section 1310 share shall be
12 distributed to Class 4 transit entities based upon each
13 transit entity's Class 4 operating assistance grant
14 section 1310 percentage. The actual amount received by
15 each Class 4 transit entity under this subparagraph shall
16 be determined by multiplying a particular Class 4 transit
17 entity's Class 4 operating assistance grant section 1310
18 percentage times the total amount available for
19 distribution under this subparagraph.
20 (ii) Twenty-five percent of the monthly distribution
21 of the Class 4 transit entity section 1310 share shall be
22 distributed to Class 4 transit entities based upon each
23 transit entity's Class 4 revenue mile section 1310
24 percentage. The actual amount received by each Class 4
25 transit entity under this subparagraph shall be
26 determined by multiplying a particular Class 4 transit
27 entity's Class 4 revenue mile section 1310 percentage
28 times the total amount available for distribution under
29 this subparagraph.
30 (iii) Twenty-five percent of the monthly
20070H1590B2342 - 44 -
1 distribution of the Class 4 transit entity section 1310
2 share shall be distributed to Class 4 transit entities
3 based upon each transit entity's Class 4 revenue hour
4 section 1310 percentage. The actual amount received by
5 each Class 4 transit entity under this subparagraph shall
6 be determined by multiplying a particular Class 4 transit
7 entity's Class 4 transit entity revenue hour section 1310
8 percentage times the total amount available for
9 distribution under this subparagraph.
10 (6) Each month, after providing for payment of the
11 portion of the Department of Transportation project
12 management oversight share, the community transportation
13 program section 1310 share, the planning, development,
14 research, rural expansion and department-initiated programs
15 section 1310 shares and the Class 4 transit entity section
16 1310 share to be distributed that month, the department shall
17 distribute all remaining capital project, asset maintenance
18 and other program funds as follows:
19 (i) Each Class 1 transit entity shall receive a
20 prorata share of the Class 1 transit entity section 1310
21 share. If there is only one Class 1 transit entity, it
22 shall receive the entire Class 1 transit entity section
23 1310 share.
24 (ii) Each Class 2 transit entity shall receive a
25 prorata share of the Class 2 transit entity section 1310
26 share. If there is only one Class 2 transit entity, it
27 shall receive the entire Class 2 transit entity section
28 1310 share.
29 (iii) Each Class 3 transit entity shall receive a
30 portion of the Class 3 transit entity section 1310 share
20070H1590B2342 - 45 -
1 as follows:
2 (A) Sixteen and sixty-seven hundredths percent
3 of the Class 3 transit entity section 1310 share
4 shall be distributed to Class 3 transit entities
5 based upon each transit entity's Class 3 vehicle mile
6 section 1310 percentage. The actual amount received
7 by each Class 3 transit entity under this clause
8 shall be determined by multiplying a particular Class
9 3 transit entity's Class 3 vehicle mile section 1310
10 percentage times the total amount available for
11 distribution under this clause.
12 (B) Sixteen and sixty-seven hundredths percent
13 of the Class 3 transit entity section 1310 share
14 shall be distributed to Class 3 transit entities
15 based upon each transit entity's Class 3 vehicle hour
16 section 1310 percentage. The actual amount received
17 by each Class 3 transit entity under this clause
18 shall be determined by multiplying a particular Class
19 3 transit entity's Class 3 vehicle hour section 1310
20 percentage times the total amount available for
21 distribution under this clause.
22 (C) Sixteen and sixty-six hundredths percent of
23 the Class 3 transit entity section 1310 share shall
24 be distributed to Class 3 transit entities based upon
25 each transit entity's Class 3 total passenger section
26 1310 percentage. The actual amount received by each
27 Class 3 transit entity under this clause shall be
28 determined by multiplying a particular Class 3
29 transit entity's Class 3 total passenger section 1310
30 percentage times the total amount available for
20070H1590B2342 - 46 -
1 distribution under this clause.
2 (D) Twenty-five percent of the Class 3 transit
3 entity section 1310 share shall be distributed to
4 Class 3 transit entities based upon each transit
5 entity's Class 3 Federal operating cap percentage.
6 The actual amount received by each Class 3 transit
7 entity under this clause shall be determined by
8 multiplying a particular Class 3 transit entity's
9 Class 3 Federal operating cap percentage times the
10 total amount available for distribution under this
11 clause.
12 (E) Twenty-five percent of the Class 3 transit
13 entity section 1310 share shall be distributed to
14 Class 3 transit entities based upon each transit
15 entity's Class 3 State operating grant percentage.
16 The actual amount received by each Class 3 transit
17 entity under this clause shall be determined by
18 multiplying a particular Class 3 transit entity's
19 Class 3 State operating grant percentage times the
20 total amount available for distribution under this
21 clause.
22 (c) Change of classification.--If, during any fiscal year,
23 either the number of vehicles operated by a local transportation
24 organization or transportation company or the area served by
25 such a local transportation organization or transportation
26 company changes so that the local transportation organization or
27 transportation company meets the criteria for a different
28 transit entity class, as such criteria are set forth in section
29 1301 (relating to definitions), on or before July 15 of the
30 fiscal year which follows such a change and in each fiscal year
20070H1590B2342 - 47 -
1 thereafter, the department shall reflect any change in the
2 transit entity class of such a local transportation organization
3 or transportation company in the Department of Transportation
4 certification for that and subsequent fiscal years. In its
5 calculation of the transit entity section 1310 shares for each
6 transit entity class required by subsection (g)(1) and the
7 transit entity section 1310.1 shares for each transit entity
8 class required by subsection (g)(1) for the fiscal year
9 following the change in a local transportation organization or
10 transportation company's transit entity class and thereafter,
11 the department shall include the amount of the transit entity
12 sections 1310 and 1310.1 shares allocated to such a local
13 transportation organization or transportation company for the
14 fiscal year prior to the change in the transit entity class, in
15 the transit entity sections 1310 and 1310.1 shares for the new
16 transit entity class of such a local transportation organization
17 or transportation company, and shall delete an equal amount from
18 the transit entity sections 1310 and 1310.1 shares for the
19 transit entity class for which such a local transportation
20 organization or transportation company no longer meets the
21 criteria in the new fiscal year. No local transportation
22 organization or transportation company which has changed from
23 one transit entity class to another due to either an increase in
24 the number of vehicles operated or the United States Census
25 Bureau's declaring its service area an urbanized area shall
26 receive less than the amount transferred on its account by the
27 department pursuant to this section.
28 (d) Oversight.--The department shall initiate and maintain a
29 program of review and oversight for any projects receiving funds
30 distributed pursuant to this section and section 1310.1
20070H1590B2342 - 48 -
1 (relating to supplemental public transportation assistance
2 funding). The department is authorized to perform independent
3 financial audits of the financial statements of each local
4 transportation organization, transportation company or community
5 transportation program receiving moneys pursuant to this
6 section. These audits shall be conducted in accordance with
7 generally accepted auditing standards. Any financial statements
8 subject to the audit or reports resulting from the audit shall
9 be prepared and presented in accordance with generally accepted
10 accounting principles, consistently applied with previous
11 statements rendered for or on behalf of such organization or
12 company. The department may coordinate such audits in
13 conjunction with audits undertaken by the Auditor General.
14 (e) Fiscal year and capital budget.--
15 (1) The governing body of each local transportation
16 organization or transportation company shall establish a
17 fiscal year for capital programs. No later than the last day
18 of each fiscal year for capital programs, each local
19 transportation organization or transportation company
20 receiving moneys pursuant to this section shall adopt a
21 capital budget and an asset maintenance spending plan for
22 submission to the department.
23 (2) The capital budget shall include the following:
24 (i) A description of any such project.
25 (ii) The projected cost of any project to be
26 undertaken, including supporting cash flow.
27 (iii) The duration of any such project, including
28 the projected starting date, completion date and
29 projected useful life of the project.
30 (iv) The proposed funding sources for any project.
20070H1590B2342 - 49 -
1 (v) A description of projects completed in the prior
2 fiscal year and their impact on operations.
3 (vi) A description of progress to date on projects
4 initiated in the prior fiscal year but not yet completed.
5 (vii) An explanation of any significant project
6 delays.
7 (viii) The use of funds under this section in the
8 prior fiscal year, including projects for which they were
9 used.
10 (ix) A multiyear plan for future use of funds
11 received under this section for a period of not less than
12 five years.
13 (x) Any other matter desired by the governing body
14 of such local transportation organization or
15 transportation company.
16 (3) The asset maintenance spending plan shall include:
17 (i) The amount of moneys expended for asset
18 maintenance costs.
19 (ii) The purposes for which such funds were
20 expended.
21 (iii) Those asset maintenance costs which are
22 projected to be funded during the subsequent twelve
23 months by the local transportation organization or
24 transportation company.
25 (iv) A multiyear plan for future use of funds
26 received under this section for a period of not less than
27 five years.
28 (4) The capital budget and the asset maintenance
29 spending plan shall be established by formal action of the
30 governing body of such local transportation organization or
20070H1590B2342 - 50 -
1 transportation company following an opportunity for comment
2 by the public and the department. Upon submission, the
3 department will review and may make recommendations to the
4 local transportation organization or transportation company
5 concerning the capital budget and asset maintenance spending
6 plan.
7 (5) The capital budget and the asset maintenance
8 spending plan may be amended by formal action of the
9 governing body of such local transportation organization or
10 transportation company from time to time. Any amendments to
11 the capital budget and the asset maintenance spending plan
12 shall be transmitted to the department for its review, and
13 the department may make recommendations to the local
14 transportation organization or transportation company
15 concerning any amendments to the capital budget and the asset
16 maintenance spending plan.
17 (f) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Capital project, asset maintenance and other program funds."
21 Moneys made available to finance capital projects and asset
22 maintenance costs of local transportation organizations,
23 transportation companies or community transportation programs or
24 to fund other programs specified in this section from:
25 (1) any fund of the Commonwealth where the legislation
26 creating such fund references this part and states that some
27 or all of the moneys in such fund are to be used to finance
28 capital projects and asset maintenance costs of local
29 transportation organizations, transportation companies or
30 community transportation programs and to fund certain other
20070H1590B2342 - 51 -
1 programs; or
2 (2) any other source, where such moneys are made
3 available specifically to finance capital projects and asset
4 maintenance costs of local transportation organizations,
5 transportation companies or community transportation programs
6 in accordance with this section.
7 "Class 1 section 1310 percentage." Seventy and three-tenths
8 percent.
9 "Class 2 section 1310 percentage." Twenty-five and four-
10 tenths percent.
11 "Class 3 section 1310 percentage." Four and three-tenths
12 percent.
13 "Class 1 to 3 section 1310 allocation." The total amount of
14 capital project, asset maintenance and other program funds
15 available for distribution by the Treasury Department during a
16 particular month, less:
17 (1) the amount of the Department of Transportation
18 project management oversight share to be paid each month
19 under subsection (b)(2);
20 (2) the amount of the community transportation program
21 section 1310 share to be paid each month under subsection
22 (b)(3);
23 (3) the amount of the planning, development, research,
24 rural expansion and department-initiated programs section
25 1310 share; and
26 (4) the amount of the Class 4 transit entity section
27 1310 share to be paid each month under subsection (b)(5).
28 "Class 1 transit entity section 1310 share." The product of
29 the Class 1 section 1310 percentage times the Class 1 to 3
30 section 1310 allocation.
20070H1590B2342 - 52 -
1 "Class 2 transit entity section 1310 share." The product of
2 the Class 2 section 1310 percentage times the monthly Class 1 to
3 3 allocation.
4 "Class 3 transit entity section 1310 share." The product of
5 the Class 3 section 1310 percentage times the monthly Class 1 to
6 3 allocation.
7 "Class 4 transit entity section 1310 share." Four million
8 dollars during the 1991-1992 fiscal year and $4,160,000 during
9 the 1992-1993 fiscal year. During the 1993-1994 through 1996-
10 1997 fiscal years, the term shall mean the Class 4 transit
11 entity section 1310 share for the prior fiscal year plus (or
12 minus) the product of the Class 4 transit entity section 1310
13 share for the prior fiscal year times the percentage increase or
14 decrease in the total funds available for distribution pursuant
15 to this section received by the Treasury Department in the most
16 recently completed fiscal year as compared with the prior fiscal
17 year. For the 1997-1998 fiscal year and each fiscal year
18 thereafter, the term shall mean 2.8% of the total amount of
19 capital project, asset maintenance and other program funds
20 projected by the department to be available under this section
21 for distribution during the subject fiscal year.
22 "Class 3 Federal operating cap percentage." The percentage
23 determined by dividing the Federal operating ceiling for a Class
24 3 transit entity by the total Federal operating ceilings for all
25 Class 3 transit entities.
26 "Class 3 State operating grant percentage." The percentage
27 determined by dividing the State subsidy received pursuant to
28 section 1303 (relating to annual appropriation and computation
29 of subsidy) during fiscal year 1990-1991 by a Class 3 transit
30 entity as stated in the latest Department of Transportation
20070H1590B2342 - 53 -
1 certification by the total State subsidies received pursuant to
2 section 1303 during fiscal year 1990-1991 by all Class 3 transit
3 entities as stated in the latest Department of Transportation
4 certification. For purposes of calculating the amount received
5 by a Class 3 transit entity pursuant to section 1303, any
6 Federal funds transferred from other local transportation
7 organizations and transportation companies from the Federal
8 fiscal year 1990-1991 Governor's apportionment allocation,
9 contained in the Urban Mass Transportation Act of 1964, shall be
10 considered to be amounts received pursuant to section 1303.
11 "Class 3 total passenger section 1310 percentage." The
12 percentage determined by dividing the total passengers
13 transported by a Class 3 transit entity as stated in the latest
14 Department of Transportation certification by the total number
15 of passengers transported by all Class 3 transit entities as
16 stated in the latest Department of Transportation certification.
17 "Class 3 vehicle hour section 1310 percentage." The
18 percentage determined by dividing the vehicle hours of a Class 3
19 transit entity as stated in the latest Department of
20 Transportation certification by the total number of vehicle
21 hours of all Class 3 transit entities as stated in the latest
22 Department of Transportation certification.
23 "Class 3 vehicle mile section 1310 percentage." The
24 percentage determined by dividing the vehicle miles of a Class 3
25 transit entity as stated in the latest Department of
26 Transportation certification by the total number of vehicle
27 miles of all Class 3 transit entities as stated in the latest
28 Department of Transportation certification.
29 "Class 4 operating assistance grant section 1310 percentage."
30 The percentage determined by dividing the Class 4 transit entity
20070H1590B2342 - 54 -
1 adjusted base grant received by a Class 4 transit entity by the
2 total Class 4 transit entity adjusted base grants received
3 pursuant to such act by all Class 4 transit entities during
4 fiscal year 1990-1991 as stated in the Department of
5 Transportation certification.
6 "Class 4 revenue hour section 1310 percentage." The
7 percentage determined by dividing the revenue hours of a Class 4
8 transit entity as stated in the latest Department of
9 Transportation certification by the total number of revenue
10 hours of all Class 4 transit entities as stated in the latest
11 Department of Transportation certification.
12 "Class 4 revenue mile section 1310 percentage." The
13 percentage determined by dividing the revenue miles of a Class 4
14 transit entity as stated in the latest Department of
15 Transportation certification by the total number of revenue
16 miles of all Class 4 transit entities as stated in the latest
17 Department of Transportation certification.
18 "Community transportation program section 1310 share." One
19 million seven hundred thousand dollars during the 1991-1992
20 fiscal year, $1,768,000 during the 1992-1993 fiscal year and,
21 during the 1993-1994 fiscal year and each fiscal year
22 thereafter, shall mean the community transportation program
23 section 1310 share for the prior fiscal year plus (or minus) the
24 product of the community transportation program section 1310
25 share for the prior fiscal year times the percentage increase or
26 decrease in the total funds available for distribution pursuant
27 to this section received by the Treasury Department in the most
28 recently completed fiscal year as compared with the prior fiscal
29 year. However, in any fiscal year in which the total funds
30 authorized to be expended from the State Lottery Fund for
20070H1590B2342 - 55 -
1 purposes enumerated in section 1312 (relating to community
2 transportation programs) is less than $600,000, the community
3 transportation program section 1310 share shall be increased so
4 that the sum of the community transportation program section
5 1310 share plus the total amount of such moneys paid from the
6 State Lottery Fund for purposes enumerated in section 1312 shall
7 equal $2,300,000. The combined funding to any county for
8 community transportation under sections 1310 and 1312 shall not
9 exceed $250,000 in any fiscal year.
10 "Department of Transportation project management oversight
11 share." One million dollars during the 1991-1992 fiscal year
12 and, during the 1992-1993 fiscal year and each fiscal year
13 thereafter, shall mean $1,000,000 or 0.25% of the total amount
14 of capital project, asset maintenance and other program funds
15 available for distribution pursuant to this section received by
16 the Treasury Department during the prior fiscal year, whichever
17 is greater.
18 "Department of Transportation certification." The
19 certification by the Department of Transportation to the
20 Treasury Department under subsection (g).
21 "Department-initiated programs." Mass transportation
22 programs with a regional or Statewide application, including,
23 without limitation, capital projects in support of intercity
24 rail passenger service, capital projects in support of intercity
25 bus service, transit safety initiatives, public-private
26 transportation partnerships, ridersharing incentive programs,
27 transportation management associations and other multimodal
28 transportation management projects.
29 "Federal operating ceiling." The maximum amount of Federal
30 funds permitted to be used by a Class 3 transit entity to
20070H1590B2342 - 56 -
1 subsidize transit operations, as published in the November 23,
2 1990, Federal Register (or, where there is more than one transit
3 entity in a region, the maximum amount of Federal funds which
4 such Class 3 transit entity could have utilized to subsidize
5 transit operations pursuant to the subregional allocation as
6 specified in the applicable transportation improvement program)
7 for fiscal year 1990-1991.
8 "Planning, development, research, rural expansion and
9 department-initiated programs section 1310 shares." The sum of
10 $83,333.33 plus 0.25% of the total capital project, asset
11 maintenance and other program funds available for distribution
12 by the Treasury Department during a particular month.
13 "Total passengers." The total of all revenue passengers plus
14 transfer passengers on second and successive rides of a local
15 transportation organization or transportation company, which are
16 funded in whole or in part by this part, with respect to the
17 most recent fiscal year reported in the most recently issued
18 Pennsylvania Mass Transit Statistical Report.
19 "Treasury Department." The State Treasurer and the Treasury
20 Department of the Commonwealth.
21 (g) Certification to Treasury Department.--On or before July
22 15 of each fiscal year, the Department of Transportation shall
23 calculate and certify to the Treasury Department the following:
24 (1) The Department of Transportation project management
25 oversight share, the community transportation program
26 sections 1310 and 1310.1 shares, the Class 1 transit entity
27 sections 1310 and 1310.1 shares, the Class 2 transit entity
28 sections 1310 and 1310.1 shares, the Class 3 transit entity
29 sections 1310 and 1310.1 shares and the Class 4 transit
30 entity sections 1310 and 1310.1 shares and the planning,
20070H1590B2342 - 57 -
1 development, research, rural expansion and department-
2 initiated programs sections 1310 and 1310.1 shares.
3 (2) The names and addresses of each Class 1 transit
4 entity, Class 2 transit entity, Class 3 transit entity and
5 Class 4 transit entity and whether such program or entity is
6 a Class 1 transit entity, Class 2 transit entity, Class 3
7 transit entity or Class 4 transit entity.
8 (3) The vehicle miles of each Class 3 transit entity,
9 the total vehicle miles of all Class 3 transit entities, the
10 Class 3 vehicle mile sections 1310 and 1310.1 percentages for
11 each Class 3 transit entity, the vehicle hours of each Class
12 3 transit entity, total vehicle hours of all Class 3 transit
13 entities, the Class 3 vehicle hour sections 1310 and 1310.1
14 percentages for each Class 3 transit entity, total passengers
15 for each Class 3 transit entity, the total passengers for all
16 Class 3 transit entities, the Class 3 total passenger
17 sections 1310 and 1310.1 percentages for each Class 3 transit
18 entity, the Federal operating ceiling for each Class 3
19 transit entity, the Federal operating ceiling for all Class 3
20 transit entities, the Federal operating cap percentage for
21 each Class 3 transit entity, the State subsidy received
22 pursuant to section 1303 (relating to annual appropriation
23 and computation of subsidy) as described in the definition of
24 "Class 3 State operating grant percentage" for each Class 3
25 transit entity, the State subsidy received pursuant to
26 section 1303 as described in the definition of "Class 3 State
27 operating grant percentage" for all Class 3 transit entities,
28 and the Class 3 State grant percentage for each Class 3
29 transit entity.
30 (4) The operating assistance grant received by each
20070H1590B2342 - 58 -
1 Class 4 transit entity during fiscal year 1990-1991 pursuant
2 to the act of February 11, 1976 (P.L.14, No.10), known as the
3 Pennsylvania Rural and Intercity Common Carrier Surface
4 Transportation Assistance Act, the operating assistance grant
5 received by all Class 4 transit entities during fiscal year
6 1990-1991 pursuant to that act, the Class 4 operating
7 assistance grant sections 1310 and 1310.1 percentages for
8 each Class 4 transit entity, the revenue miles of each Class
9 4 transit entity, the revenue miles of all Class 4 transit
10 entities, the Class 4 revenue mile sections 1310 and 1310.1
11 percentages of each Class 4 transit entity, the revenue hours
12 for each Class 4 transit entity, the revenue hours for all
13 Class 4 transit entities and the Class 4 revenue hour
14 sections 1310 and 1310.1 percentages for each Class 4 transit
15 entity.
16 § 1310.1. Supplemental public transportation assistance
17 funding.
18 (a) General rule.--Beginning July 1, 1997, 1.22% of the
19 money collected from the tax imposed under Article II of the act
20 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
21 1971, up to a maximum of $75,000,000, shall be deposited in the
22 Supplemental Public Transportation Account, which is established
23 in the State Treasury. Within 30 days of the close of a calendar
24 month, 1.22% of the taxes received in the prior calendar month
25 shall be transferred to the account. No funds in excess of
26 $75,000,000 may be transferred to the account in any one fiscal
27 year. The money in the account shall be used by the department
28 for supplemental public transportation assistance, to be
29 distributed under this section. Transit entities may use
30 supplemental assistance moneys for any of the purposes
20070H1590B2342 - 59 -
1 enumerated in section 1311 (relating to use of funds
2 distributed). In addition to those enumerated purposes, Class 1,
3 2 and 3 transit entities also may use the base supplemental
4 assistance share for general operations. Class 4 transit
5 entities may use all supplemental assistance moneys for general
6 operations.
7 (b) Distribution.--During each fiscal year, capital project,
8 asset maintenance and other program funds designated as
9 supplemental public transportation assistance funding to be
10 distributed pursuant to this section shall be distributed as
11 follows:
12 (1) On or before the fifth day of each month, the
13 Treasury Department shall certify to the department the total
14 amount of money then available for distribution, and the
15 department shall disburse the money on or before the 20th day
16 of each month.
17 (2) Each month the department shall distribute to each
18 local transportation organization or transportation company
19 1/12 of the base supplemental assistance share of that local
20 transportation organization or transportation company.
21 (3) Each month the Treasury Department shall pay 1/12 of
22 the community transportation program section 1310.1 share for
23 that fiscal year to the Department of Transportation to make
24 grants to counties pursuant to section 1312 (relating to
25 community transportation programs) for the purpose of funding
26 capital projects of community transportation programs.
27 (4) Each month the department shall distribute 1/12 of
28 the Class 4 transit entity section 1310.1 share to Class 4
29 transit entities according to the same formula as provided
30 for distribution of funds under section 1310(b)(5) (relating
20070H1590B2342 - 60 -
1 to distribution of funding), using the Class 4 transit entity
2 section 1310.1 share in place of the Class 4 transit entity
3 section 1310 share.
4 (5) Each month, after providing for payment of the
5 portion of the base supplemental assistance share, the
6 community transportation program section 1310.1 share and the
7 Class 4 transit entity section 1310.1 share to be distributed
8 that month, the department shall distribute all remaining
9 capital project, asset maintenance and other program funds
10 required to be distributed pursuant to this section according
11 to the same formula as provided for distribution of funds in
12 section 1310(b)(6), using the transit entity's section 1310.1
13 share in place of the transit entity's section 1310 share.
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection. Any term used in this section but not defined in
17 this subsection shall have the meaning given in section 1310(f):
18 "Base supplemental assistance share." The P.L. 103-122
19 percentage for each local transportation organization or
20 transportation company multiplied by $54,616,000.
21 "Capital project, asset maintenance and other program funds."
22 Moneys made available under this section to finance capital
23 projects and asset maintenance costs of local transportation
24 organizations, transportation companies or community
25 transportation programs or to fund other programs specified in
26 this section.
27 "Class 1 section 1310.1 percentage." 70.3%.
28 "Class 2 section 1310.1 percentage." 25.4%.
29 "Class 3 section 1310.1 percentage." 4.3%.
30 "Class 1 to 3 section 1310.1 allocation." The total amount
20070H1590B2342 - 61 -
1 of capital project, asset maintenance and other program funds
2 available for distribution by the Treasury Department during a
3 particular month less:
4 (1) the amount of the base supplemental assistance share
5 to be paid each month under subsection (b)(2);
6 (2) the amount of the community transportation program
7 section 1310.1 share to be paid each month under subsection
8 (b)(3); and
9 (3) the amount of the Class 4 transit entity section
10 1310.1 share to be paid each month under subsection (b)(4).
11 "Class 1 transit entity section 1310.1 share." The product
12 of the Class 1 section 1310.1 percentage times the Class 1 to 3
13 section 1310.1 allocation.
14 "Class 2 transit entity section 1310.1 share." The product
15 of the Class 2 section 1310.1 percentage times the monthly Class
16 1 to 3 allocation.
17 "Class 3 transit entity section 1310.1 share." The product
18 of the Class 3 section 1310.1 percentage times the monthly Class
19 1 to 3 allocation.
20 "Class 4 transit entity section 1310.1 share." For each
21 fiscal year, the total amount projected by the department to be
22 available for distribution in the fiscal year in accordance with
23 this section, less $54,616,000, times 2.8%.
24 "Class 3 Federal operating cap percentage." The percentage
25 determined by dividing the Federal operating ceiling for a Class
26 3 transit entity by the total of all Federal operating ceilings
27 for Class 3 transit entities.
28 "Class 3 total passenger section 1310.1 percentage." The
29 percentage determined by dividing the total passengers
30 transported by a Class 3 transit entity, as stated in the latest
20070H1590B2342 - 62 -
1 Department of Transportation certification, by the total number
2 of passengers transported by all Class 3 transit entities, as
3 stated in the latest Department of Transportation certification.
4 "Class 3 vehicle hour section 1310.1 percentage." The
5 percentage determined by dividing the vehicle hours of a Class 3
6 transit entity, as stated in the latest Department of
7 Transportation certification, by the total number of vehicle
8 hours of all Class 3 transit entities, as stated in the latest
9 Department of Transportation certification.
10 "Class 3 vehicle mile section 1310.1 percentage." The
11 percentage determined by dividing the vehicle miles of a Class 3
12 transit entity, as stated in the latest Department of
13 Transportation certification, by the total number of vehicle
14 miles of all Class 3 transit entities, as stated in the latest
15 Department of Transportation certification.
16 "Class 4 operating assistance grant section 1310.1
17 percentage." The percentage determined by dividing the Class 4
18 transit entity adjusted base grant received by a Class 4 transit
19 entity, as stated in the latest Department of Transportation
20 certification, by the total Class 4 transit entity adjusted base
21 grants received by all Class 4 transit entities during fiscal
22 year 1990-1991, as stated in the latest Department of
23 Transportation certification.
24 "Class 4 revenue hour section 1310.1 percentage." The
25 percentage determined by dividing the revenue hours of a Class 4
26 transit entity, as stated in the latest Department of
27 Transportation certification, by the total number of revenue
28 hours of all Class 4 transit entities, as stated in the latest
29 Department of Transportation certification.
30 "Class 4 revenue mile section 1310.1 percentage." The
20070H1590B2342 - 63 -
1 percentage determined by dividing the revenue miles of a Class 4
2 transit entity, as stated in the latest Department of
3 Transportation certification, by the total number of revenue
4 miles of all Class 4 transit entities, as stated in the latest
5 Department of Transportation certification.
6 "Community transportation program section 1310.1 share." The
7 greater of:
8 (1) $1,200,000; or
9 (2) the total amount projected by the Department of
10 Transportation to be available for distribution in the
11 subject fiscal year in accordance with this section, less
12 $54,616,000, times 2.5%.
13 "P.L. 103-122 percentage." The percentage determined by
14 dividing the operating assistance grant or operating assistance
15 limitation, whichever is greater, but not to exceed the total
16 apportionment of funds made available to a particular local
17 transportation organization or transportation company in this
18 Commonwealth for each Class 1 transit entity, Class 2 transit
19 entity and Class 3 transit entity and the base grants approved
20 for each Class 4 transit entity pursuant to Public Law 103-122,
21 107 Stat. 1199, for the Federal fiscal year ending September 30,
22 1994, by the total of such amounts for all Commonwealth local
23 transportation organizations and transportation companies
24 pursuant to Public Law 103-122 for the fiscal year as determined
25 by the Department of Transportation.
26 § 1311. Use of funds distributed.
27 (a) Approval of department.--
28 (1) No money made available pursuant to section 1310
29 (relating to distribution of funding) shall be expended on
30 any capital project by any local transportation organization
20070H1590B2342 - 64 -
1 or transportation company until after the local
2 transportation organization or transportation company submits
3 the project to the department for approval and the department
4 approves the project. At the option of the local
5 transportation organization or transportation company,
6 capital projects may be submitted to the department on an
7 annual basis at the time the local transportation
8 organization or transportation company submits its capital
9 budget to the department or at another time chosen by the
10 local transportation organization or transportation company.
11 (2) The department shall establish criteria for approval
12 of capital projects pursuant to this subsection, including,
13 but not limited to, consideration of estimated useful life,
14 demonstration of need and reasonableness of cost.
15 (3) Amendments to capital projects may be submitted at
16 any time to the department for its review and approval in
17 accordance with the procedures specified by the department.
18 (4) The department shall prescribe, under the authority
19 of this chapter, reasonable procedures, including deadlines,
20 for the department to review, comment and approve the capital
21 project or projects submitted by a local transportation
22 organization or transportation company.
23 (b) Funding purposes enumerated.--Moneys distributed
24 pursuant to section 1310 shall be used by local transportation
25 organizations and transportation companies for purposes of
26 paying:
27 (1) all costs of capital projects, including, without
28 limitation, the costs of acquisition, construction,
29 installation, start-up costs of operations, improvement and
30 all work and materials incident thereto, provided that funds
20070H1590B2342 - 65 -
1 expended for capital projects pursuant to section 1310 shall
2 be matched by local or private funding in an amount equal to
3 at least one-thirtieth of the project cost;
4 (2) debt service and the cost of issuance of bonds,
5 notes and other evidences of indebtedness which a local
6 transportation organization or transportation company is
7 permitted to issue under any law of this Commonwealth; and
8 (3) to the extent permitted by this section, asset
9 maintenance costs. Community transportation programs shall
10 use moneys distributed pursuant to this section only for
11 purposes enumerated in section 1312 (relating to community
12 transportation programs).
13 (c) Certain capital projects.--Notwithstanding any other
14 provision of law, each local transportation organization or
15 transportation company receiving moneys pursuant to section 1310
16 may use such moneys, in the discretion of such local
17 transportation organization or transportation company, to fund
18 all or a portion of capital projects listed in the program
19 prepared pursuant to section 2002(a)(13) of the act of April 9,
20 1929 (P.L.177, No.175), known as The Administrative Code of
21 1929.
22 (d) Management of funds.--
23 (1) Each local transportation organization or
24 transportation company receiving moneys pursuant to sections
25 1310 and 1310.1 (relating to supplemental public
26 transportation assistance funding) shall hold such moneys in
27 an account separate from other funds of the local
28 transportation organization or transportation company and
29 shall invest such moneys until such funds are used in
30 accordance with this section, with such funds being invested
20070H1590B2342 - 66 -
1 in accordance with the limits on investment of the local
2 transportation organization or transportation company.
3 Notwithstanding any other provisions of this chapter, any
4 interest earned shall be used for capital projects and asset
5 maintenance costs during any period as determined by the
6 local transportation organization or transportation company.
7 (2) All moneys distributed pursuant to section 1310 and
8 utilized for asset maintenance under subsection (e) shall be
9 matched by local or private funding in an amount equal to at
10 least 1/30 of the amount expended for such purposes, except
11 that, in the case of Class 3 and 4 transit entities, no
12 matching funds shall be required if the department shall have
13 received from the local governmental funding source which
14 would otherwise provide the matching funds a certification
15 that compliance with the matching requirement would create an
16 undue financial burden upon the local governmental funding
17 source such that a curtailment of government services
18 endangering public health and safety would ensue.
19 (3) All moneys distributed pursuant to section 1310.1
20 and utilized under this section shall be matched by local or
21 private funding in an amount equal to at least 1/30 of the
22 amount expended for such purposes, except that, in the case
23 of Class 3 and 4 transit entities, no funds utilized for
24 asset maintenance under subsection (e) shall require a local
25 match if the department shall have received from the local
26 governmental funding source which would otherwise provide the
27 matching funds a certification that compliance with the
28 matching requirement would create an undue financial burden
29 upon the local governmental funding source such that a
30 curtailment of government services endangering public health
20070H1590B2342 - 67 -
1 and safety would ensue.
2 (e) Asset maintenance.--
3 (1) Each local transportation organization or
4 transportation company may expend moneys distributed pursuant
5 to sections 1310 and 1310.1 shares to fund asset maintenance
6 costs as provided in this subsection.
7 (2) Moneys distributed pursuant to sections 1310 and
8 1310.1 may only be used to fund asset maintenance costs
9 incurred during the fiscal year in which such moneys are
10 allocated. Thereafter, such funds may only be used to fund
11 capital projects.
12 (3) On or before March 1 of each year, the department
13 shall certify to each local transportation organization or
14 transportation company the amount of capital project, asset
15 maintenance, base supplemental assistance and other program
16 funds which the department estimates each local
17 transportation organization or transportation company will be
18 entitled to receive during the ensuing fiscal year. Each
19 local transportation organization or transportation company
20 may expend moneys distributed pursuant to sections 1310 and
21 1310.1 shares to fund asset maintenance costs up to the
22 following maximum percentages of the estimate from the
23 department, including accrued interest, the amount received
24 during the prior fiscal year or the amount actually received
25 in the current fiscal year, whichever is greater:
26 (i) Class 1 transit entities may utilize for asset
27 maintenance costs up to a maximum of 30% of the funds
28 received pursuant to sections 1310 and 1310.1 shares.
29 (ii) Class 2 and 3 transit entities may utilize for
30 asset maintenance costs up to a maximum of 50% of the
20070H1590B2342 - 68 -
1 funds received pursuant to sections 1310 and 1310.1.
2 (iii) (Deleted by amendment).
3 (iv) Class 4 transit entities may utilize for asset
4 maintenance costs up to a maximum of 50% of the funds
5 received pursuant to sections 1310 and 1310.1.
6 (f) Eligible projects.--Notwithstanding any other provision
7 of this chapter, moneys provided under section 1310 to community
8 transportation programs may be expended only in accordance with
9 section 1312 and only to fund all or a portion of eligible
10 projects of such entities as enumerated in section 1312.
11 (g) Matching funds.--The moneys provided to local
12 transportation organizations, transportation companies or
13 community transportation programs pursuant to section 1310 may
14 be used as matching funds to obtain Federal aid for capital
15 projects.
16 (h) Use by department.--Funds appropriated to the department
17 pursuant to section 1310(b)(2) and (4) may be utilized by the
18 department for the purposes provided in either of such
19 paragraphs.
20 (i) Accounting.--Within 120 days after the end of each
21 fiscal year for capital programs established by the local
22 transportation organization or transportation company pursuant
23 to section 1310(e), each local transportation organization and
24 transportation company receiving moneys pursuant to sections
25 1310 and 1310.1 shares shall transmit to the department an
26 accounting of all funds received pursuant to sections 1310 and
27 1310.1 shares in that fiscal year. The accounting shall be in a
28 form prescribed by the department and shall include a listing of
29 all expenditures on a project by project basis and the status of
30 all unspent funds. The local transportation organization or
20070H1590B2342 - 69 -
1 transportation company shall grant access to the department or
2 its duly authorized representatives to any and all records
3 pertaining to funds received pursuant to sections 1310 and
4 1310.1 shares.
5 (j) Limit on certain amounts expended.--Notwithstanding any
6 law to the contrary and except as provided in subsection (a) for
7 Class 4 transit entities, local transportation organizations and
8 transportation companies are authorized to expend moneys
9 distributed pursuant to sections 1310 and 1310.1 shares for
10 asset maintenance costs in an amount not to exceed the greater
11 of:
12 (1) the maximum amount of asset maintenance expenditures
13 which could have been approved by the department for
14 expenditure by that local transportation organization or
15 transportation company for the 1991-1992 fiscal year pursuant
16 to section 17(a) of the act of August 5, 1991 (P.L.238,
17 No.26), entitled "An act amending Titles 74 (Transportation)
18 and 75 (Vehicles) of the Pennsylvania Consolidated Statutes,
19 codifying provisions relating to public transportation;
20 imposing certain fees and taxes; further providing for
21 certain Pennsylvania Turnpike projects; defining 'farm
22 equipment'; further providing for the responsibilities of
23 vehicle transferees, for exemptions from registration and
24 certificates of title and for the use of dealer plates,
25 multipurpose dealer plates and farm equipment plates; further
26 providing for funeral processions; further providing for a
27 restricted receipts fund and for registration for snowmobiles
28 and ATV's; establishing the Snowmobile Trail Advisory
29 Committee; further providing for the highway maintenance and
30 construction tax; and making repeals," based upon a
20070H1590B2342 - 70 -
1 projection of $200,000,000 in total dedicated capital
2 assistance funds plus estimated amounts of supplemental
3 public transportation assistance funding available for
4 distribution pursuant to section 1310.1 in that fiscal year,
5 which estimate shall not be less than $75,000,000 in any
6 fiscal year; or
7 (2) the amount permitted to be expended for such
8 purposes under subsection (e).
9 § 1312. Community transportation programs.
10 (a) Grants from lottery fund.--All counties except counties
11 of the first and second class shall be entitled to grants from
12 the State Lottery Fund for the purpose of adding, replacing,
13 upgrading and overhauling equipment and purchasing, constructing
14 or renovating facilities to serve as office and maintenance
15 sites for the provision of reduced fare demand-response service.
16 Equipment that may be purchased shall include, but shall not be
17 limited to, vehicles, vehicle rehabilitation, major drivetrain
18 components, communication equipment, computer equipment and
19 software and office equipment and furnishings. The amount
20 entitled to all counties and to be granted by the department
21 shall not exceed $2,300,000. The department may require the
22 counties to coordinate the acquisition of equipment through a
23 Statewide purchase program should the department find such a
24 program to be cost efficient.
25 (b) Procedure.--
26 (1) The department is hereby authorized to make grants
27 to all counties, except those of the first and second class,
28 or to entities designated by such counties to coordinate
29 services under this section in such county, for the purpose
30 of adding, replacing, upgrading and overhauling equipment for
20070H1590B2342 - 71 -
1 the provision of shared-ride transit services responsive to
2 and accessible by the general public as well as the elderly
3 and disabled. If sufficient funds remain after all department
4 approvals for such equipment projects have been fully funded,
5 the department is hereby authorized to make grants for the
6 purchase, construction or renovation of facilities to serve
7 as office and maintenance sites for the provision of shared-
8 ride transit services responsive to and accessible by the
9 general public as well as the elderly and disabled. Equipment
10 that may be purchased shall include, but shall not be limited
11 to, vehicles, vehicle rehabilitation, major drivetrain
12 components, communication equipment, computer equipment and
13 software and office equipment and furnishings.
14 (2) Counties other than counties of the first and second
15 class may obtain grants pursuant to this subsection by filing
16 with the department an application in a form prescribed by
17 it. The department shall require with such application a
18 transportation plan plus such other information as the
19 department may require.
20 (3) The applicant shall certify that all efforts
21 possible have been made to coordinate local service for the
22 elderly and disabled and the services to be offered with
23 these capital assets do not duplicate existing fixed route
24 services, as provided under the act of February 11, 1976
25 (P.L.14, No.10), known as the Pennsylvania Rural and
26 Intercity Common Carrier Surface Transportation Assistance
27 Act, and under other provisions of this part. The applicant
28 shall solicit comments from the local public body fixed route
29 provider and include any such comments as part of the
30 application.
20070H1590B2342 - 72 -
1 (4) All purchases pursuant to this subsection shall be
2 made in accordance with bidding procedures established under
3 the act of May 2, 1945 (P.L.382, No.164), known as the
4 Municipality Authorities Act of 1945, or the act of August 9,
5 1955 (P.L.323, No.130), known as The County Code, whichever
6 is applicable.
7 (c) Availability of funds.--Funds not expended under this
8 section in the fiscal year in which they were made available
9 shall not lapse and shall be available for use pursuant to this
10 section in the next succeeding fiscal years.
11 § 1313. Additional programs.
12 (a) Projects and programs enumerated.--The department is
13 hereby authorized to incur costs directly or to make grants,
14 undertake and provide financial support:
15 (1) To new rural transportation systems for the purpose
16 of funding capital, asset maintenance and operating costs of
17 new rural transportation systems. New rural transportation
18 systems may obtain grants under this section by filing for
19 each fiscal year with the department an application in a form
20 prescribed by it. The department shall require with the
21 application a transportation plan plus such other information
22 as the department may require to establish to the
23 satisfaction of the department that the new rural
24 transportation system is deserving of a grant under this
25 section.
26 (2) For the purpose of funding studies, analysis,
27 planning and development of programs for public
28 transportation assistance, services and facilities.
29 (3) To incur costs directly or to make grants for
30 department-initiated programs.
20070H1590B2342 - 73 -
1 (4) To make grants to Class 4 transit entities for the
2 significant expansion of services by such entities from funds
3 remaining in the development, planning and rural expansion
4 share after all grants have been made for the fiscal year
5 pursuant to paragraphs (1) and (2). Grants from the
6 development, planning and rural expansion share shall be used
7 by the Class 4 transit entity for the construction,
8 acquisition, capital projects, asset maintenance and
9 operating costs of the expansion of such entity. Class 4
10 transit entities may obtain grants by filing for each fiscal
11 year with the department an application in a form prescribed
12 by it. The department shall require with the application a
13 transportation plan plus such other information as the
14 department may require to establish to the satisfaction of
15 the department that the Class 4 transit entity is deserving
16 of a grant under this section.
17 (b) Availability of funds.--Funds not expended under this
18 section in the fiscal year in which they were made available
19 shall not lapse and shall be available for use pursuant to this
20 section in the next succeeding fiscal years.
21 § 1315. Public transportation grants management accountability.
22 (a) Performance audits.--All classes of transit entities
23 shall complete periodic management performance audits which
24 shall encompass all public transportation programs and services
25 financed in whole or in part by grants provided by the
26 department as follows:
27 (1) The department shall establish criteria to be
28 included in a performance audit performed pursuant to this
29 section. The criteria shall be published in the Pennsylvania
30 Bulletin. Separate criteria may be established for each class
20070H1590B2342 - 74 -
1 of transit entity.
2 (2) Management performance audits shall be completed
3 within ten months of their initiation and shall be performed
4 as follows:
5 (i) Class 1 transit entities shall begin the initial
6 management performance audit required pursuant to this
7 section no later than July 1, 1999, or, with the written
8 approval of the department, within five years of the
9 completion of the most recent performance audit.
10 Thereafter, Class 1 transit entities shall complete a
11 management performance audit at least once every five
12 years.
13 (ii) Class 2 transit entities shall begin the
14 initial management performance audit required by this
15 section no later than July 1, 2000, or, with the written
16 approval of the department, within five years of the most
17 recent performance audit. The department may extend the
18 initiation date for a period of up to five years.
19 Thereafter, Class 1 transit entities shall complete a
20 management performance audit at least once every five
21 years.
22 (iii) Class 3 transit entities in urbanized areas
23 with a population of 200,000 or greater shall begin the
24 initial management performance audit required by this
25 section no later than July 1, 2001. Class 3 transit
26 entities in urbanized areas with a population of less
27 than 200,000 shall begin the first management performance
28 audit required by this section no later than July 1,
29 2002. Thereafter, Class 3 transit entities shall perform
30 a management performance audit at least once every seven
20070H1590B2342 - 75 -
1 years.
2 (iv) Class 4 transit entities shall begin the first
3 initial management performance audit required by this
4 section no later than July 1, 2002. Thereafter, Class 4
5 transit entities shall perform a management performance
6 audit at least once every ten years. The department shall
7 perform management performance audits for Class 4
8 entities through qualified independent contractors unless
9 written notice is provided to the department by the Class
10 4 transit entity that the transit entity wishes to
11 perform its own audit. The notice shall be provided no
12 later than one year prior to the initiation date of the
13 next scheduled audit.
14 (3) Class 1, 2 and 3 transit entities shall bear all
15 costs of performing management performance audits pursuant to
16 this section. The cost of such management performance audits
17 for Class 4 transit entities shall be paid by the department
18 from funds made available under section 1310(d) (relating to
19 distribution of funding).
20 (4) For Class 1, 2 and 3 transit entities, the
21 management performance audit shall be conducted by a
22 qualified independent auditor selected by competitive
23 procurement. Procurement documents shall specify the scope of
24 the audit, comply with department criteria and be submitted
25 to the department for written approval prior to procurement.
26 (b) Submission of audit report; transit entity response.--
27 (1) Upon receipt of a final audit report from the
28 auditor or, in the case of Class 4 transit entities, from the
29 department, each transit entity shall prepare an action plan
30 addressing the findings and recommendations of the audit
20070H1590B2342 - 76 -
1 report. The action plan shall be completed and approved by
2 the transit entity's governing body within two months of
3 receipt of the final audit report. The transit entity shall
4 implement its action plan in accordance with the time frames
5 specified in the plan.
6 (2) Upon approval of the action plan by the entity's
7 governing body, the transit entity shall submit the plan and
8 the auditor's report to the department. Class 1 and 2 transit
9 entities shall also submit their action plans to the
10 Legislative Budget and Finance Committee, the chairman and
11 minority chairman of the Transportation Committee of the
12 Senate and the chairman and minority chairman of the
13 Transportation Committee of the House of Representatives.
14 (c) Customer satisfaction surveys.--Customer satisfaction
15 surveys shall be conducted as follows:
16 (1) All Class 1 and 2 entities shall conduct customer
17 satisfaction surveys at least once every two years. Class 3
18 and 4 transit entities shall conduct customer satisfaction
19 surveys at least once every three years. An initial customer
20 satisfaction survey for each transit entity shall be
21 completed and submitted to the department no later than
22 December 31, 1998.
23 (2) The department shall provide guidelines regarding
24 the scope of the surveys and suggested questions which may be
25 included in the surveys.
26 (3) Upon completion of the survey, the transit entity
27 shall submit a report to the department containing survey
28 methodology, survey results, relevant trends in the level of
29 customer satisfaction and actions taken or planned to improve
30 customer satisfaction.
20070H1590B2342 - 77 -
1 (d) Suspension of grant funds.--The department may suspend
2 eligibility for grants under section 1303 (relating to annual
3 appropriation and computation of subsidy) for any transit entity
4 which fails to comply with any of the provisions of this
5 section.
6 (e) Restoration or continuation of funding.--The department
7 shall continue eligibility of a transit entity for grants under
8 section 1303 if the entity has initiated its audit or survey in
9 a timely manner and the delay in completion of the audit or
10 survey is not the fault of the transit entity. The department
11 shall restore eligibility of a suspended transit entity at such
12 time as the audit or survey is completed in accordance with the
13 requirements of this section.
14 (f) Cost reduction and productivity improvement.--As part of
15 its annual application for funding under section 1303, Class 1,
16 2, 3 and 4 transit entities shall include a report outlining
17 initiatives it has undertaken to reduce costs and improve
18 productivity.]
19 Section 2. Title 74 is amended by adding chapters to read: <--
20 CHAPTER 13A
21 TRANSPORTATION ISSUES
22 Sec.
23 13A01. Declaration of policy.
24 § 13A01. Declaration of policy.
25 The General Assembly finds and declares as follows:
26 (1) This Commonwealth and the nation are facing serious
27 transportation funding problems related to gasoline and
28 energy.
29 (2) Public transportation is a major component of
30 solving the problems referred to in paragraph (1).
20070H1590B2342 - 78 -
1 (3) It is necessary to reconsider public transportation
2 options in this Commonwealth.
3 CHAPTER 15
4 SUSTAINABLE MOBILITY OPTIONS
5 Sec.
6 1501. Scope of chapter.
7 1502. (Reserved).
8 1503. Definitions.
9 1504. Program authorization.
10 1505. Regulations.
11 1506. Fund.
12 1507. Application and approval process.
13 1508. Federal funding.
14 1509. Limitation on decisions, findings and regulations of
15 department.
16 1510. Program oversight and administration.
17 1511. Report to Governor and General Assembly.
18 1512. Coordination.
19 1513. Operating program.
20 1514. Asset improvement program.
21 1515. New initiatives program.
22 1516. Programs of Statewide significance.
23 1517. Program oversight and administration.
24 1518. Retroactive authority.
25 § 1501. Scope of chapter.
26 This chapter relates to sustainable mobility options.
27 § 1502. (Reserved).
28 § 1503. Definitions.
29 The following words and phrases when used in this chapter
30 shall have the meanings given to them in this section unless the
20070H1590B2342 - 79 -
1 context clearly indicates otherwise:
2 "Access to jobs project." A project relating to the
3 development and maintenance of transportation services designed
4 to transport welfare recipients and eligible low-income
5 individuals to and from jobs and activities related to their
6 employment as defined under 49 U.S.C. § 5316 (relating to job
7 access and reverse commute formula grants).
8 "Americans with Disabilities Act." The Americans with
9 Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
10 "Asset maintenance costs." All vehicle maintenance expenses,
11 nonvehicle maintenance and materials expenses and the cost of
12 supplies used in the operation of local transportation
13 organizations and transportation companies.
14 "Award recipient." A recipient of financial assistance under
15 this chapter.
16 "Capital expenditures." All costs of capital projects,
17 including, but not limited to, the costs of acquisition,
18 construction, installation, start-up of operations, improvements
19 and all work and materials incident thereto.
20 "Capital project."
21 (1) A system of public passenger transportation,
22 including rail transportation facilities used for public
23 passenger transportation, which facilities may include the
24 following:
25 (i) railway, street railway, subway, elevated and
26 monorail passenger or passenger and rail rolling stock,
27 including self-propelled and gallery cars, locomotives,
28 passenger buses and wires, poles and equipment for the
29 electrification of any of such rails, tracks and
30 roadbeds, guideways, elevated structures, buildings,
20070H1590B2342 - 80 -
1 stations, terminals, docks, shelters and parking areas
2 for use in connection with the rail transportation
3 systems, interconnecting lines and tunnels to provide
4 passenger or passenger and rail service connections
5 between transportation systems, transportation routes,
6 corridors and rights-of-way therefor, but not for public
7 highways;
8 (ii) signal and communication systems necessary or
9 desirable for the construction, operation or improvement
10 of a public passenger system; or
11 (iii) any improvement or overhaul of any vehicle
12 equipment or furnishings of any of the items specified
13 under subparagraphs (i) and (ii) or any part or
14 fractional and undivided co-ownership or leasehold
15 interest in any one or combination of any of the items
16 specified under subparagraphs (i) and (ii) that may be
17 designated as a capital project by the Secretary of
18 Transportation.
19 (2) The term shall include the acquisition of land
20 necessary for the construction of a new project and debt
21 service and the cost of issuance of bond notes and other
22 evidences of indebtedness which a local transportation
23 organization or transportation company is permitted to issue
24 under any law of this Commonwealth.
25 "Commonwealth capital bonds." Evidence of debt incurred by
26 the Commonwealth under the act of February 9, 1999 (P.L.1,
27 No.1), known as the Capital Facilities Debt Enabling Act.
28 "Community transportation service" or "shared ride service."
29 Door-to-door demand transportation that is available to the
30 general public on a nonexclusive basis, operates on a nonfixed
20070H1590B2342 - 81 -
1 route basis and charges a fare to all riders. The term does not
2 include exclusive ride taxi service, charter and sightseeing
3 service, nonpublic transportation, school bus and limousine
4 service.
5 "Community transportation system." A person that provides
6 community transportation service and contracts with the
7 Department of Transportation to receive revenue replacement
8 funds.
9 "Department." The Department of Transportation of the
10 Commonwealth.
11 "Financial assistance." Grants or other types of financial
12 support provided by the Department of Transportation under this
13 chapter.
14 "Fixed guideway system." A fixed-route public transportation
15 service that uses and occupies a separate right-of-way or rail
16 line for the exclusive use of public transportation and other
17 high occupancy vehicles or uses a fixed catenary system and a
18 right-of-way usable by other forms of transportation. The term
19 includes light rail, commuter rail, automated guideway transit,
20 people movers, ferry boat service and fixed guideway facilities
21 for buses such as bus rapid transit and high occupancy vehicles.
22 "Fixed-route public transportation service." Regularly
23 scheduled general public transportation that is provided
24 according to published schedules along designated routes, but
25 that allows for route deviation within the published schedule,
26 with specified stopping points for the taking on and discharging
27 of passengers, including public bus and commuter rail systems
28 and other department-approved service. The term does not include
29 exclusive ride taxi service, charter or sightseeing service,
30 nonpublic transportation, school bus and limousine service.
20070H1590B2342 - 82 -
1 "Fund." The Public Transportation Trust Fund established
2 under section 1506 (relating to fund).
3 "Inflation index." An index established by the Department of
4 Transportation that is inflation sensitive.
5 "Intercity bus service." Passenger bus service of 35 miles
6 or more in length that is provided with an over the road bus and
7 operated between two noncontiguous urbanized areas, between an
8 urbanized area located in one county and rural communities
9 located in another county or between rural communities located
10 in different counties and contains all of the following
11 elements:
12 (1) Service that is operated for a fare on a regularly
13 scheduled fixed-route basis.
14 (2) Service that is offered to and utilized by the
15 general public without preconditions of advance reservation
16 or membership in a particular organization.
17 "Intercity passenger rail service." Passenger railroad
18 service that connects two or more urbanized areas and is
19 determined by the Department of Transportation to qualify as
20 intercity service, including commuter rail service.
21 "Job access and reverse commute project." A project funded
22 by the Federal Transit Administration under Federal law.
23 "Local transportation organization." Any of the following:
24 (1) A political subdivision or a public transportation
25 port or redevelopment authority organized under the laws of
26 this Commonwealth or pursuant to an interstate compact or
27 otherwise empowered to render, contract for the rendering or
28 assist in the rendering of transportation service in a
29 limited area in this Commonwealth, even though it may also
30 render or assist in rendering transportation service in
20070H1590B2342 - 83 -
1 adjacent states.
2 (2) A nonprofit association that directly or indirectly
3 provides public transportation service.
4 (3) A nonprofit association of public transportation
5 providers operating within this Commonwealth.
6 "Materials and supplies." Those categories of expenses as
7 specified in Uniform System of Accounts expense object class
8 504, National Transit Database operating expenses form F 30,
9 National Transit Database, Final Rule, Federal Transit
10 Administration, dated January 15, 1993, or any successor.
11 "Municipality." A city, borough, incorporated town or
12 township.
13 "New fixed guideway system." A newly-constructed fixed
14 guideway system in a corridor or alignment where no such system
15 previously existed.
16 "New freedom program." A public transportation program
17 designed to provide funds to recipients for new public
18 transportation services and public transportation alternatives
19 beyond those required by the Americans with Disabilities Act of
20 1990 (Public Law 101-336, 104 Stat. 327) that assist individuals
21 with disabilities with transportation, including transportation
22 to and from jobs and employment support services administered
23 under the provisions of 49 U.S.C. § 5317 (relating to new
24 freedom program.)
25 "New start." The term shall have the same meaning given it
26 in 49 CFR § 611.5 (relating to definitions).
27 "Nonurbanized area." An area within this Commonwealth that
28 does not fall within an area classified as "urbanized" by the
29 United States Bureau of the Census of the United States
30 Department of Commerce in the most recent Census of Population.
20070H1590B2342 - 84 -
1 "Nonvehicle maintenance expenses." The categories of costs
2 associated with the inspection, maintenance and repair of
3 assets, other than vehicles, as specified in Uniform System of
4 Accounts, expense function 042, National Transit Database
5 operating expenses form, F 30, National Transit Database, Final
6 Rule, Federal Transit Administration, dated January 15, 1993, or
7 any successor.
8 "Operating expenses." Total expenses required to continue
9 service to the public and to permit needed improvements in
10 service which are not self-supporting and otherwise for any
11 purpose in furtherance of public passenger transportation,
12 including all State asset maintenance costs. The term does not
13 include expenditures for capital projects unless specific
14 approval is provided by the Department of Transportation.
15 "Operating revenue." The total revenue earned by a local
16 transportation organization or a transportation company through
17 its transit operations. The term includes all of the following:
18 (1) Passenger fares.
19 (2) Reimbursements provided in lieu of fares for senior
20 passengers.
21 (3) Charter, school bus and advertising revenue.
22 (4) Other miscellaneous revenue such as public and
23 private route guarantee funds.
24 "Paratransit service." Transit service operating on a
25 nonfixed-route basis in order to provide complementary
26 transportation service to persons who are functionally unable to
27 use fixed-route transportation, as required by the Americans
28 with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
29 327).
30 "Passengers." The total of all originating passengers plus
20070H1590B2342 - 85 -
1 transfer passengers carried on fixed-route service and
2 paratransit service.
3 "Public passenger transportation." Transportation within an
4 area that includes a municipality or other built-up place that
5 is appropriate in the judgment of the Department of
6 Transportation to serve commuters or others in the locality,
7 taking into consideration the local patterns and trends of
8 growth by bus or rail or other conveyance, either publicly or
9 privately owned, serving the general public. The term does not
10 include school buses, charter or sightseeing services.
11 "Revenue replacement funds." Payments made to local
12 transportation organizations and transportation companies to
13 offset or partially offset fares.
14 "Revenue vehicle hours." The total amount of time calculated
15 in hours during which vehicles are in service and available for
16 public use in fixed-route service or paratransit service. The
17 term does not include deadhead hours.
18 "Revenue vehicle miles." The total amount of distance
19 calculated in miles during which vehicles are in service and
20 available for public use in fixed-route service or paratransit
21 service. The term does not include deadhead miles.
22 "Reverse commute project." A public transportation project
23 designed to transport residents of urbanized and nonurbanized
24 areas to suburban employment opportunities as defined under 49
25 U.S.C. § 5316 (relating to job access and reverse commute
26 formula grants).
27 "Secretary." The Secretary of Transportation of the
28 Commonwealth.
29 "Senior citizen." A person who is at least 65 years of age.
30 "Senior passenger." A senior citizen who rides on fixed
20070H1590B2342 - 86 -
1 route service.
2 "Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2),
3 known as the Tax Reform Code of 1971.
4 "Transportation company." A person that renders public
5 passenger transportation service.
6 "Urbanized area." A portion of this Commonwealth classified
7 as urbanized by the United States Bureau of the Census of the
8 United States Department of Commerce in the most recent Census
9 of Population.
10 "Vehicle maintenance expenses." The categories of costs
11 associated with the inspection, maintenance and repair of
12 vehicles as specified in Uniform System of Accounts, expense
13 function 041, National Transit Database operating expenses form
14 F 30, National Transit Database, Final Rule, Federal Transit
15 Administration, dated January 15, 1993, or any successor.
16 "Welfare-to-work." Any Federal or State program designed to
17 move individuals from dependency on public welfare programs to
18 self-sufficiency through paid work.
19 § 1504. Program authorization.
20 (a) General.--The department may, within the limitations
21 provided in this chapter, incur costs directly or otherwise
22 provide financial assistance for the purposes and activities
23 enumerated in this chapter.
24 (b) Supplementation of Federal and local funds.--The
25 authority conferred on the department by this section includes,
26 but is not limited to, providing financial assistance for public
27 passenger transportation purposes and to supplement Federal
28 funding, local funding, or both.
29 § 1505. Regulations.
30 (a) General rule.--To effectuate and enforce the provisions
20070H1590B2342 - 87 -
1 of this chapter, the department shall promulgate necessary rules
2 and regulations and prescribe conditions and procedures in order
3 to assure compliance in carrying out the purposes for which
4 financial assistance may be made under this chapter.
5 (b) Temporary regulations.--During the two-year period
6 following the effective date of this section, the department
7 shall promulgate temporary regulations, which regulations shall
8 be exempt from the following:
9 (1) The act of October 15, 1980 (P.L.950, No.164), known
10 as the Commonwealth Attorneys Act.
11 (2) Section 205 of the act of July 31, 1968 (P.L.769,
12 No.240), referred to as the Commonwealth Documents Law.
13 (3) The act of June 25, 1982 (P.L.633, No.181), known as
14 the Regulatory Review Act.
15 Temporary regulations promulgated by the department under this
16 subsection shall expire four years following the effective date
17 of this section.
18 § 1506. Fund.
19 (a) Establishment and deposits.--A special fund is
20 established within the State Treasury to be known as the Public
21 Transportation Trust Fund. The following shall be deposited into
22 the fund annually:
23 (1) Funds under 75 Pa.C.S. § 8915.3(8) (relating to
24 lease of Interstate 80).
25 (2) The amounts made available to the department as an
26 executive authorization and an appropriation for the 2007-
27 2008 fiscal year and each fiscal year thereafter from the
28 State Lottery Fund for the Free Transit Program for Senior
29 Citizens established under the act of August 26, 1971
30 (P.L.351, No.91), known as the State Lottery Law. These
20070H1590B2342 - 88 -
1 revenues shall be used to provide free public transportation
2 service to senior citizens when passage is on fixed-route
3 public transportation services, as authorized by Chapter 9 of
4 the State Lottery Law and the free service shall be available
5 to senior citizens at any time during the service provider's
6 regular hours of service. With regard to passage on commuter
7 rail service provided to senior citizens, the fare shall
8 continue to be limited to $1 per trip as provided under
9 Chapter 9 of the State Lottery Law, but the limitation shall
10 be extended to all hours of commuter rail service.
11 (3) Commencing July 1, 2007, 1.22% of the money
12 collected from the tax imposed under Article II of the Tax
13 Reform Code, up to a maximum of $75,000,000.
14 (4) Commencing July 1, 2007, revenues deposited into the
15 Public Transportation Assistance Fund established under
16 Article XXIII of the Tax Reform Code to be used in accordance
17 with subsection (b).
18 (5) Commencing July 1, 2007, 3.03% of the money
19 collected from the tax imposed under Article III of the Tax
20 Reform Code. Within 30 days of the close of a calendar month,
21 3.03% of the taxes received under Article III of the Tax
22 Reform Code in the prior calendar month shall be transferred
23 to the fund.
24 (6) Any other appropriations to the fund.
25 (b) Use of revenues.--
26 (1) Money in the fund shall be used by the department to
27 provide financial assistance to local transportation
28 organizations, transportation companies and agencies and
29 instrumentalities of the Commonwealth under this chapter, for
30 costs incurred directly by the department in the
20070H1590B2342 - 89 -
1 administration of public passenger transportation programs,
2 including under this chapter, and for all other purposes
3 enumerated in this chapter.
4 (2) Money in the fund is appropriated on a continuing
5 basis, upon approval of the Governor, to the department to be
6 used as provided in this chapter. Money in the fund shall not
7 lapse.
8 (c) Programs.--The fund is authorized to provide the
9 following:
10 (1) Financial assistance related to operating expenses
11 to be known as the "operating program." To the extent funds
12 are available, an amount not less than $810,000,000 of the
13 fund shall be allocated to this program in the first fiscal
14 year following the effective date of this section. Money in
15 the fund allocated to the operating program shall not be
16 increased by more than the inflation index in any year.
17 (2) Financial assistance for improvements to capital
18 assets, replacement of capital assets and expansion of
19 capital assets to be known as the "asset improvement
20 program." An amount equal to the remaining money in the fund,
21 less the allocations under paragraphs (1), (3) and (4) shall
22 be allocated to this program in the first fiscal year
23 following the effective date of this section. Money in the
24 fund for this program may include proceeds of Commonwealth
25 capital bonds.
26 (3) Financial assistance to fund new or expansions of
27 fixed guideway systems, to be known as the "new initiatives
28 program." An amount not greater than $50,000,000 of the fund
29 shall be allocated to this program in the first fiscal year
30 following the effective date of this section.
20070H1590B2342 - 90 -
1 (4) Financial assistance related to programs of
2 Statewide significance as described in section 1516 (relating
3 to programs of Statewide significance) to be known as the
4 "programs of Statewide significance program." To the extent
5 funds are available, an amount not less than $52,000,000 of
6 the fund shall be allocated to this program in the first
7 fiscal year following the effective date of this section.
8 § 1507. Application and approval process.
9 (a) Application.--An eligible applicant that wishes to
10 receive financial assistance under this chapter shall submit a
11 written application to the department, on a form developed by
12 the department, which shall include the following:
13 (1) The name and address of the applicant.
14 (2) The name and telephone number of a contact person
15 for the applicant.
16 (3) The amount and type of financial assistance
17 requested and the proposed use of the funds.
18 (4) A statement as to the particular need for the
19 financial assistance.
20 (5) A certified copy of a current resolution authorizing
21 submission of the application if the applicant is a governing
22 body.
23 (6) Evidence satisfactory to the department of the
24 commitment for matching funds required under this chapter
25 sufficient to match the projected financial assistance
26 payments at the same times that the financial assistance
27 payments are to be provided.
28 (7) Any other information the department deems necessary
29 or desirable.
30 (b) Approval and award.--Upon determining that an applicant
20070H1590B2342 - 91 -
1 has complied with this chapter, applicable rules and regulations
2 and any other requirement with respect to the financial
3 assistance requested, the department may award financial
4 assistance to the applicant, in which case the department and
5 the applicant shall enter into a financial assistance agreement
6 setting forth the terms and conditions upon which the financial
7 assistance shall be used and the timing of payment of the funds.
8 (c) Restriction on use of funds.--Financial assistance under
9 this chapter shall be used only for activities authorized
10 originally unless the department grants a waiver to the award
11 recipient for a different use of the funds. The department's
12 regulations shall describe circumstances under which it will
13 consider the waivers and information to be included in a request
14 for a waiver. The maximum duration of a waiver shall be one
15 year, and a request for a waiver shall include a plan of
16 corrective action to demonstrate that the award recipient does
17 not have an ongoing need to use financial assistance funds for
18 activities other than those for which funds were originally
19 awarded.
20 § 1508. Federal funding.
21 (a) General rule.--The department shall administer the
22 program in this chapter with such flexibility as to permit full
23 cooperation between Federal, State and local governments,
24 agencies and instrumentalities, local transportation
25 organizations and private interests, so as to result in as
26 effective and economical a program as possible.
27 (b) Agreements.--The department may enter into agreements
28 for mutual cooperation between or among the department and a
29 Federal agency, local transportation organization or
30 transportation company concerning a project to be funded with
20070H1590B2342 - 92 -
1 financial assistance under this chapter, including joint
2 applications for Federal grants.
3 (c) General authority of department.--The department may do
4 anything necessary or desirable to secure financial aid or
5 cooperation of a Federal agency in a project funded with
6 financial assistance under this chapter and to comply with a
7 Federal statute or lawful requirement of a Federal agency
8 authorized to administer a program of Federal aid to
9 transportation. The department may enter into a protective
10 agreement with organized labor to the extent required under 49
11 U.S.C. § 5333 (relating to labor standards) in order to obtain
12 Federal grant money for transportation assistance. Protective
13 agreements shall be narrowly drawn and strictly construed to
14 provide no more than the minimum protections required by the
15 United States Department of Labor for the agreements.
16 (d) Direct recipients.--Local transportation organizations
17 that are direct recipients of Federal funding shall be under no
18 obligation to enter into contracts with the department for
19 expenditure of those funds, except that the department may
20 require a contract for expenditure of the State portion of the
21 project assisted by those Federal funds.
22 § 1509. Limitation on decisions, findings and regulations of
23 department.
24 All decisions, findings and regulations made by the
25 department pursuant to this chapter shall be for the purposes of
26 this chapter only and shall not constitute evidence before a
27 regulatory body of this Commonwealth or any other jurisdiction.
28 § 1510. Program oversight and administration.
29 (a) Review and oversight.--The department shall initiate and
30 maintain a program of financial and performance review and
20070H1590B2342 - 93 -
1 oversight for all public transportation programs receiving
2 financial assistance under this chapter. The department may
3 perform independent financial audits of each award recipient.
4 Audits shall be conducted in accordance with generally accepted
5 auditing standards and shall ensure compliance by award
6 recipients with this chapter, department regulations and
7 policies and financial assistance agreements.
8 (b) State Rail Transit Safety Inspection Program.--The
9 department may conduct a State Rail Transit Safety Inspection
10 Program, as may be defined from time to time by the Federal
11 Transit Administration, to meet oversight requirements of the
12 Federal Transit Administration. The public transportation modes
13 covered shall include heavy rail, light rail, trackless trolley
14 bus and inclined plane services and related facilities.
15 § 1511. Report to Governor and General Assembly.
16 The department shall file a public passenger transportation
17 performance report with the Governor and the General Assembly by
18 April 30 of each year, covering the prior fiscal year.
19 § 1512. Coordination.
20 Coordination is required in regions where two or more award
21 recipients have services or activities for which financial
22 assistance is being provided under this chapter to assure that
23 the services or activities are provided efficiently and
24 effectively.
25 § 1513. Operating program.
26 (a) Eligible applicants.--The governing body of a
27 municipality, county or instrumentality of either, a
28 Commonwealth agency or instrumentality or a local transportation
29 organization may apply for financial assistance under the
30 operating program.
20070H1590B2342 - 94 -
1 (b) Applications.--In addition to information required under
2 section 1507 (relating to application and approval process), an
3 application for financial assistance under this section shall
4 include the applicant's reasonable estimates of operating
5 revenue and government subsidies sufficient to cover all
6 projected operating expenses.
7 (c) Distribution formula.--The following distribution
8 formula shall be applied by the department with respect to the
9 award of an operating grant:
10 (1) Twenty-five percent of the award amount shall be
11 based on passengers;
12 (2) Ten percent of the award amount shall be based on
13 senior passengers to offset free fares for senior passengers;
14 (3) Thirty-five percent of the award amount shall be
15 based on revenue vehicle hours;
16 (4) Thirty percent of the award amount shall be based on
17 revenue vehicle miles.
18 (d) Local match requirements.--
19 (1) Local or private cash funding shall be provided as a
20 match in the amount of 20% of the financial assistance being
21 provided. The following apply:
22 (i) For the Fiscal Year 2007-2008, the minimum of
23 local or private cash funding required under this
24 paragraph shall be:
25 (A) the match required for Fiscal Year 2006-
26 2007; and
27 (B) 5% of the amount under clause (A).
28 (ii) For each fiscal year after Fiscal Year 2007-
29 2008 until the match required under this paragraph is
30 reached, the minimum of local or private cash funding
20070H1590B2342 - 95 -
1 required under this paragraph shall be:
2 (A) the match required for the immediately
3 preceding fiscal year; and
4 (B) 5% of the amount under clause (A).
5 (iii) There is no maximum on the local or private
6 cash funding required under this paragraph.
7 (2) For financial assistance to a local transportation
8 organization, eligible local matching funds shall consist
9 only of cash contributions provided by one or more
10 municipalities or counties that are members of the local
11 transportation organization. The amount of the match and the
12 time period during which the match must continue to be
13 available shall be specified in the financial assistance
14 agreement. Funding provided by local and private entities,
15 including advertising or naming rights, may be eligible for
16 the match to the extent they provide for the cost of transit
17 service that is open to the public. The following shall not
18 be eligible for a local match:
19 (i) Any form of transit operating revenue or other
20 forms of transit income provided by the local
21 transportation organization.
22 (ii) Funds used to replace fares.
23 (3) A county or municipality in a metropolitan area
24 which is a member of a local transportation organization is
25 authorized to provide annual financial assistance from
26 current revenues to the local transportation organization of
27 which it is a member or enter into a long-term agreement for
28 payment of money to assist in defraying the costs of
29 operation, maintenance and debt service of the local
30 transportation organization or of a particular public
20070H1590B2342 - 96 -
1 transportation project of a local transportation
2 organization. The obligation of a municipality or county
3 under an agreement pursuant to this paragraph shall not be
4 considered to be a part of the indebtedness of the county or
5 municipality, nor shall the obligation be deemed to impair
6 the status of any indebtedness of the county or municipality
7 which would otherwise be considered self-sustaining.
8 (4) The following shall apply to the Southeastern
9 Pennsylvania Transportation Authority:
10 (i) The local match provided by each jurisdiction
11 shall be calculated by multiplying the total match
12 required for State funding by the total of route miles
13 provided in that jurisdiction as a percentage of the
14 total route miles operated in all jurisdictions. Where
15 appropriate, a transportation system may calculate the
16 local match by mode or division, or both.
17 (ii) The department shall suspend funding of any
18 capital project within any county that fails to meet its
19 required matching funds requirement under this
20 subsection, and a transportation system shall not expand
21 service into any county that fails to meet its required
22 matching funds under this subsection. During any time in
23 which a county fails to meet its required matching funds
24 under this subsection the county's representative on the
25 governing body of the transporting organization shall
26 become a nonvoting member of the governing body until
27 such time that the county meets its local matching
28 requirements.
29 (e) Performance reviews.--
30 (1) The department may conduct performance reviews of an
20070H1590B2342 - 97 -
1 award recipient that receives financial assistance under this
2 section to determine the efficiency and effectiveness of the
3 financial assistance. Reviews shall be conducted at regular
4 intervals as established by the department in consultation
5 with the management of the award recipient. After completion
6 of a review, the department shall issue a report that:
7 (i) highlights exceptional performance and
8 identifies any problems that need to be resolved;
9 (ii) assesses performance, efficiency and
10 effectiveness of the use of the funds;
11 (iii) makes recommendations on what follow-up
12 actions are required to remedy each problem; and
13 (iv) provides an action plan documenting who should
14 perform the recommended actions and a time frame within
15 which they should be performed.
16 (2) The department shall deliver the report to the
17 Governor, to the Transportation Committee of the Senate and
18 to the Transportation Committee of the House of
19 Representatives. The department's regulations shall contain a
20 description of the impact on both the amount of, and future
21 eligibility for, receipt of financial assistance under this
22 chapter based upon the degree to which the local
23 transportation organization complies with the recommendations
24 in the report. The department shall develop a list of best
25 practices revealed by the reports issued under this
26 subsection and shall post them on the department's Internet
27 website.
28 (f) Performance criteria.--Criteria used for the reviews
29 conducted under subsection (e) shall consist of passengers per
30 revenue vehicle hour, operating costs per revenue vehicle hour,
20070H1590B2342 - 98 -
1 operating revenue per revenue vehicle hour, operating costs per
2 passenger and other items as the department may establish. The
3 department's regulations shall set forth the minimum system
4 performance criteria that an award recipient must satisfy.
5 (g) Failure to satisfy minimum performance criteria.--If a
6 performance review conducted under subsection (e) reveals:
7 (1) that the performance of an award recipient's
8 transportation system has decreased compared to performance
9 determined through a prior review, the department may, upon
10 the written request of an award recipient, waive any
11 requirement for a reduction in the amount of financial
12 assistance to be awarded under this section for a reasonable
13 time period to allow the award recipient to bring the system
14 back to the required performance level. The award recipient
15 shall provide written justification for providing a time
16 period longer than two years. In order to obtain the waiver
17 for the period requested, the award recipient must do all of
18 the following:
19 (i) Develop an action plan to improve system
20 performance that contains key measurable milestones. The
21 action plan must be acceptable to the department and must
22 be approved by the department in writing.
23 (ii) Submit quarterly progress reports on the action
24 plan to the department.
25 (2) The department shall review and evaluate the award
26 recipient's progress to determine if the system has improved.
27 If the system has improved, funding will be determined by the
28 formula under subsection (c), and the award recipient will be
29 eligible for full formula funding. If the system has not
30 improved at the end of the time period established for
20070H1590B2342 - 99 -
1 improvement, the waiver will be withdrawn. Expenses incurred
2 by the award recipient as a result of the failure of the
3 award recipient's system to meet the minimum performance
4 criteria shall be borne by the award recipient.
5 (h) Adjustments to minimum performance criteria.--Upon
6 written request of a recipient of financial assistance under
7 this section, the department may approve adjustments to the
8 minimum performance criteria described in subsection (g) in a
9 given year if situations arise that affect performance of the
10 award recipient's system and are out of the award recipient's
11 control. Examples are labor strikes, infrastructure failures and
12 natural disasters. The request must include the award
13 recipient's justification for the adjustment.
14 (i) Periodic review of formula.--The department, in
15 consultation with all award recipients, shall review the
16 distribution formula established under subsection (c) at least
17 once every three years and, prior to the start of the next
18 succeeding fiscal year, shall recommend adjustments it deems
19 appropriate. If an adjustment results in a change of five
20 percentage points or less in any category, the department shall
21 forward a notice of the change to the Legislative Reference
22 Bureau for publication in the Pennsylvania Bulletin, and the
23 change shall take effect at the commencement of the next fiscal
24 year. If an adjustment results in a change in excess of five
25 percentage points in any category, the change shall be
26 incorporated into the department's regulations by amendment and
27 shall take effect at the commencement of the next fiscal year
28 following promulgation of the amendment.
29 (j) Needs-based adjustment.--In order to allow an award
30 recipient that was receiving financial assistance under former
20070H1590B2342 - 100 -
1 Chapter 13 (relating to public transportation assistance) prior
2 to the effective date of this section to transition into the
3 funding formula established under subsection (c), the department
4 shall provide the award recipient, as part of the award under
5 this section, with a needs-based adjustment. The needs-based
6 adjustment shall be calculated by increasing the amount that the
7 award recipient received under Chapter 13 for operating expenses
8 and asset maintenance costs in the 2005-2006 fiscal year and
9 increasing the resulting amount by an adjustment factor to
10 assure a funding level consistent with the operating funding
11 needs as identified by the department. Funds remaining after the
12 needs-based adjustment is applied shall be set aside in an
13 operating reserve account to be used at the department's
14 discretion for short-term public passenger transportation needs.
15 The department's regulations shall establish the manner in which
16 the funds in the reserve account may be used.
17 (k) Growth caps.--Each fiscal year after the fiscal year in
18 which the department provides a needs-based adjustment under
19 subsection (i), the department shall determine the maximum
20 percentage increase that an award recipient shall be eligible to
21 receive for operating expenses in addition to an increase tied
22 to the inflation index amount. The maximum percentage increase
23 shall be capped at the inflation index rate of the award
24 recipient's transportation system's passengers per revenue hour,
25 or revenue per revenue vehicle hour performance, falls below
26 peer system average or if the operating cost per revenue hour or
27 operating cost per passenger exceeds the peer system average.
28 Notwithstanding the provisions of this subsection, money
29 available for financial assistance under this section shall at
30 all times be capped by the amount of money in the fund allocated
20070H1590B2342 - 101 -
1 for the operating program.
2 (l) Operating reserve.--The department may establish a
3 limitation on the amount of financial assistance awarded under
4 this section that may be carried over for use in subsequent
5 fiscal years.
6 (m) Certification.--The Commonwealth shall not provide
7 financial assistance to a municipality under this section unless
8 the municipality certifies the amount of its local match under
9 subsection (d).
10 § 1514. Asset improvement program.
11 (a) Eligible applicants.--A local transportation
12 organization, an agency or instrumentality of the Commonwealth,
13 an entity responsible for coordinating community transportation
14 program services, or any other person the department deems to be
15 eligible may apply to the department for financial assistance
16 under the asset improvement program. The department shall
17 develop and maintain four-year and twelve-year plans that
18 summarize the capital projects and financial assistance for
19 capital projects based upon cash flow and revenue projections
20 for the fund.
21 (b) Applications.--In addition to information required under
22 section 1507 (relating to application and approval process), an
23 application for financial assistance under this section shall
24 include the following:
25 (1) Evidence satisfactory to the department that the
26 proposed capital project is included in the first year of the
27 applicant's four-year capital program and its federally
28 approved Transportation Improvement Program.
29 (2) If an applicant is requesting financial assistance
30 for replacement of capital assets, evidence satisfactory to
20070H1590B2342 - 102 -
1 the department that the capital assets to be replaced have
2 exceeded the useful life criteria as defined by the
3 department. At its discretion, the department may approve
4 funding to replace capital assets that do not exceed the
5 useful life criteria if the applicant provides documentation
6 acceptable to the department to justify the early replacement
7 of the capital assets.
8 (3) If the applicant is requesting financial assistance
9 for expansion of capital assets, evidence satisfactory to the
10 department that the applicant will have sufficient future
11 annual operating funds to support the proposed expansion of
12 the assets.
13 (4) Any other information required by the department,
14 including a return on investment analysis or a life cycle
15 cost analysis, or both.
16 (c) Local match requirements.--Financial assistance under
17 this section shall be matched by local or private cash funding
18 in an amount not less than 20% of the amount of the financial
19 assistance. The source of funds for the local match shall be
20 subject to the requirements of section 1513(d) (relating to
21 operating program). Each capital project shall be based on the
22 plan approved by the department.
23 (d) Conditions for receipt of bond funding.--An applicant
24 may receive proceeds of Commonwealth capital bonds from the fund
25 for financial assistance under this section if all of the
26 following conditions are met:
27 (1) The applicant's project has been authorized by a
28 capital budget project itemization act.
29 (2) The applicant's project shall have been included in
30 the department's approved annual release request approving
20070H1590B2342 - 103 -
1 the use of the funds for the proposed capital project in the
2 fiscal year in which the funds are expected to be expended.
3 (3) The department shall have approved the underlying
4 application for the capital project.
5 (4) The project has a 20-year or longer useful life.
6 (e) Priorities.--The award of financial assistance under
7 this section shall be subject to the following set of priorities
8 in descending order of significance unless a compelling return
9 on investment analysis for a project in a lower significant
10 category is provided to and approved by the department:
11 (1) Funds required to support existing local bond issues
12 currently supported with State revenue sources, such as debt
13 service and asset leases. The Commonwealth pledges to and
14 agrees with any person, firm or corporation holding any bonds
15 previously issued by, or any other debt incurred by, a local
16 transportation organization, and secured in whole or part by
17 a pledge of the funds provided to the local transportation
18 organization from the Public Transportation Assistance Fund
19 established under Article XXIII of the Tax Reform Code, that
20 the Commonwealth will not limit or alter rights vested in a
21 local transportation organization in any manner inconsistent
22 with obligations of the local transportation organization to
23 the obligees of the local transportation organization until
24 all bonds previously issued or other debt incurred, together
25 with the interest thereon, is fully paid or provided for.
26 (2) Funds required to match federally approved capital
27 projects funded under 49 U.S.C. §§ 5307 (relating to
28 urbanized area formula grants) and 5309 (relating to capital
29 investment grants and loans) and other federally approved
30 capital projects.
20070H1590B2342 - 104 -
1 (3) Other non-Federal capital projects as determined by
2 the department, which shall be further subject to the
3 following set of priorities in descending order of
4 significance:
5 (i) Essential emergency asset improvement projects.
6 (ii) Standard replacement of existing assets that
7 have exceeded their useful life.
8 (iii) Asset improvement projects to extend the
9 useful life of the affected assets.
10 (iv) Acquisition of new assets and other acceptable
11 purposes, other than projects to be funded under the new
12 initiatives program, as determined by the department.
13 (f) Bonding by award recipients.--With the approval of the
14 department, an award recipient that is allowed by its enabling
15 statute to issue bonds may do so for the purpose of financing a
16 multiyear capital project. The bonds shall be issued in
17 accordance with the provisions of the award recipient's enabling
18 statute. The department shall enter into an agreement with the
19 award recipient providing that payments of the capital funds
20 sufficient to satisfy requirements of the bonds issued be made
21 directly to the trustee and bond holders until such time as the
22 bonds are retired.
23 (g) Certification.--The Commonwealth shall not provide
24 financial assistance to a municipality under this section unless
25 the municipality certifies the amount of its local match under
26 subsection (c).
27 § 1515. New initiatives program.
28 (a) Eligible applicants.--Persons eligible to apply for
29 financial assistance under the asset improvement program shall
30 also be eligible to apply for financial assistance under the new
20070H1590B2342 - 105 -
1 initiatives program.
2 (b) Applications.--In addition to the information required
3 under section 1507 (relating to application and approval
4 process), an application for financial assistance under this
5 section shall include all of the information required in an
6 application for financial assistance under section 1514
7 (relating to asset improvement program). If the application is
8 for a proposed expansion of a capital asset, the application
9 shall also contain evidence satisfactory to the department that
10 the applicant will have sufficient future annual operating funds
11 to support the proposed expansion.
12 (c) Limitation.--In making awards of financial assistance
13 under this section, the department shall give priority to
14 applicants that intend to use the funds in satisfaction of the
15 local matching portion of federally approved projects funded
16 pursuant to 49 U.S.C. § 5309 (relating to capital investment
17 grants and loans). The department may fund projects that do not
18 receive funding from the Federal New Starts Program if the
19 applicant can provide sufficient justification that the project
20 can meet all of the following requirements:
21 (1) Investments in existing service areas have been
22 optimized.
23 (2) An analysis reveals a reasonable return on
24 investment.
25 (3) Identification of the public benefit of the project.
26 (4) Required local funds are available to pay any
27 required local match for the project and ongoing operating
28 costs.
29 (5) There exists local technical ability and capacity to
30 manage, construct and operate the project.
20070H1590B2342 - 106 -
1 (6) The project is supported by the adoption of an
2 integrated land use plan by local municipalities.
3 (d) Local match requirements.--Financial assistance under
4 this section shall be matched by local or private cash funding
5 in an amount not less than 100% of the amount of the grant. The
6 source of funds for the local match shall be subject to the
7 requirements of section 1513(d) (relating to operating program).
8 (e) Certification.--The Commonwealth shall not provide
9 financial assistance to a municipality under this section unless
10 the municipality certifies the amount of its local match under
11 subsection (d).
12 § 1516. Programs of Statewide significance.
13 (a) General rule.--Money in the fund allocated for programs
14 of Statewide significance shall be used by the department to
15 support public transportation programs, activities and services
16 not otherwise fully funded through the operating program,
17 capital program or asset improvement program. These include the
18 following:
19 (1) The Persons with Disabilities Program.
20 (2) Intercity and commuter rail and bus services.
21 (3) Community transportation capital and service
22 stabilization.
23 (4) The Welfare to Work Program and matching funds for
24 Federal programs with similar intent.
25 (5) Demonstration and research projects.
26 (6) Technical assistance.
27 (7) (Reserved).
28 (8) (Reserved).
29 (9) (Reserved).
30 (10) (Reserved).
20070H1590B2342 - 107 -
1 (11) Other public passenger transportation programs
2 initiated by the department.
3 (b) Persons with disabilities.--The department shall
4 establish and administer a program providing reduced fares to
5 persons with disabilities on community transportation services
6 and to provide financial assistance for start-up, administrative
7 and capital expenses related to reduced fares for persons with
8 disabilities. All of the following shall apply:
9 (1) A community transportation system operating in the
10 Commonwealth other than in counties of the first and second
11 class may apply for financial assistance under this
12 subsection.
13 (2) The department may award financial assistance under
14 this subsection for program start-up and for continuing
15 capital expenses to offset administrative and capital
16 expenses. For community transportation trips made by eligible
17 persons with disabilities, financial assistance may be
18 awarded to an eligible community transportation system to
19 reimburse the system for up to 85% of the fare established
20 for the general public for each trip which is outside of a
21 fixed-route and paratransit service areas and not eligible
22 for funding from any other program or funding source. The
23 person making the trip or an approved third-party sponsor
24 shall contribute the greater of 15% of the fare established
25 for the general public or the Americans with Disabilities Act
26 complementary paratransit fare.
27 (c) Intercity transportation.--The department is authorized
28 to provide financial support for an efficient and coordinated
29 intercity common carrier surface transportation program,
30 consisting of both intercity rail and intercity bus
20070H1590B2342 - 108 -
1 transportation, with the intent of sustaining strong intercity
2 connections. All of the following shall apply:
3 (1) An intercity passenger rail service provider, a
4 local transportation organization, an agency or
5 instrumentality of the Commonwealth and a transportation
6 company that provides intercity public transportation service
7 may apply for financial assistance under this subsection. The
8 department is authorized to enter into joint service
9 agreements with a railroad company, any other agency or
10 instrumentality of the Commonwealth, a Federal agency or an
11 agency or instrumentality of any other jurisdiction relating
12 to property, buildings, structures, facilities, services,
13 rates, fares, classifications, dividends, allowances or
14 charges, including charges between intercity rail passenger
15 service facilities, or rules or regulations pertaining
16 thereto, for or in connection with or incidental to
17 transportation in whole or in part upon intercity rail
18 passenger service facilities.
19 (2) Operating assistance and capital assistance may be
20 provided for intercity bus and rail services as determined by
21 the department.
22 (3) For financial assistance to a transportation
23 company, eligible matching funds shall consist only of cash
24 income generated by the transportation company from its
25 activities, other than the provision of public passenger
26 transportation service, and contributed by the transportation
27 company in the amount and for the time period specified in
28 the financial assistance agreement.
29 (4) Local match requirements are as follows:
30 (i) For intercity bus operating and capital
20070H1590B2342 - 109 -
1 assistance, the department shall require a local match by
2 local or private cash funding in an amount equal to 100%
3 of the amount of the financial assistance being provided.
4 (ii) For intercity rail operating and capital
5 assistance, the department shall require a local match on
6 a case-by-case basis, taking into account the best
7 interests of the Commonwealth.
8 (5) For purposes of this subsection, "local match" is
9 defined as local revenue obtained from other nonsubsidized
10 services, such as charter, school bus or profits realized
11 from other intercity bus services. Local match shall not
12 include any funds received from Federal or State sources.
13 (d) Community transportation.--
14 (1) The department is authorized to provide financial
15 assistance under this section for all of the following:
16 (i) Capital expenditures for the provision of
17 community transportation service.
18 (ii) To stabilize current service and fares.
19 (iii) To provide advice or technical assistance to
20 analyze and enhance community transportation system
21 resources and services.
22 (iv) To maximize available funding including Federal
23 dollars.
24 (v) To ensure equitable cost sharing.
25 (2) The governing body of a county, other than a county
26 of the first or second class, or a transportation company
27 designated by the governing body of the county as the
28 coordinator of community transportation service, and an
29 agency or instrumentality of the Commonwealth may apply for
30 financial assistance under this subsection subject to all of
20070H1590B2342 - 110 -
1 the following:
2 (i) An applicant for financial assistance for
3 capital expenditures for the provision of public
4 community transportation service shall certify to the
5 department that it has taken all reasonable steps to
6 coordinate local service for the elderly and persons with
7 disabilities and that the services to be offered with the
8 capital assets do not duplicate existing fixed-route
9 services.
10 (ii) The governing body of a county or the
11 coordinator described under this paragraph shall not be
12 eligible for financial assistance for service
13 stabilization if any of the following apply:
14 (A) The coordinator receives financial
15 assistance under the operating program established
16 under this chapter.
17 (B) The coordinator is a private for-profit
18 provider.
19 (3) Financial assistance for service stabilization may
20 only be provided for the following purposes:
21 (i) Short-term, long-term and strategic planning.
22 (ii) Technology investment.
23 (iii) Training programs designed to enhance
24 transportation management and staff expertise.
25 (iv) Offsetting operating expenses that cannot be
26 covered by fare revenue due to emergencies.
27 (v) Marketing activities.
28 (vi) Other stabilization purposes approved by the
29 department.
30 (4) The department shall give high priority to providing
20070H1590B2342 - 111 -
1 financial assistance under this subsection as match for
2 Federal funding to support capital projects for community
3 transportation systems.
4 (5) The department shall conduct a study to evaluate the
5 effectiveness and efficiency of community transportation
6 service delivery as it relates to human service programs. The
7 Department of Public Welfare, the Office of the Budget and
8 the Department of Aging and other appropriate Commonwealth
9 agencies identified by the department shall participate and
10 fully support the study to achieve the intended purposes.
11 Within two years following the effective date of this
12 section, these agencies shall make recommendations to the
13 Governor and the Majority and Minority chairpersons of the
14 Transportation Committee of the Senate and the Majority and
15 Minority chairpersons of the Transportation Committee of the
16 House of Representatives for improving coordination and
17 efficiency of human services and community transportation.
18 (e) Welfare-to-work and Federal programs match.--The
19 department is authorized to provide financial assistance under
20 this section to design and implement projects and services and
21 to reimburse award recipients for the expenses associated with
22 the projects and services that identify and address public
23 passenger transportation and related barriers preventing
24 individuals eligible for participation in the Federal welfare-
25 to-work program from securing and maintaining employment and
26 from accessing community services and facilities. All of the
27 following shall apply:
28 (1) A local transportation organization, a
29 transportation company designated by a county as the
30 coordinator of community transportation services and any
20070H1590B2342 - 112 -
1 other person approved by the department may apply to the
2 department for financial assistance under this subsection.
3 (2) Financial assistance awarded under this subsection
4 shall be used for any of the following purposes:
5 (i) Fixed-route service subsidy.
6 (ii) Contracted transportation services.
7 (iii) Fixed-route fare discounts.
8 (iv) Community transportation fare discounts.
9 (v) Taxi fare discounts.
10 (vi) Mileage reimbursement.
11 (vii) Vehicle purchase, insurance, maintenance and
12 repair.
13 (viii) Driver education classes.
14 (ix) Administrative expenses.
15 (x) Case management expenses.
16 (xi) Any other activities consistent with the
17 transportation related elements of the welfare-to-work
18 program.
19 (3) The department shall give high priority to providing
20 financial assistance under this subsection as match for
21 Federal funding to support projects with similar purposes and
22 eligible uses, including the Federal Job Access Reverse
23 Commute and New Freedoms programs.
24 (f) Technical assistance and demonstration.--The department
25 is authorized to provide financial assistance under this section
26 for technical assistance, research and short-term demonstration
27 projects. All of the following shall apply:
28 (1) A local transportation organization or an agency or
29 instrumentality of the Commonwealth may apply to the
30 department for financial assistance under this subsection.
20070H1590B2342 - 113 -
1 (2) Financial assistance provided under this subsection
2 may be used for reimbursement for any approved operating or
3 capital costs related to technical assistance and
4 demonstration program projects. Financial assistance for
5 short-term demonstration projects may be provided at the
6 department's discretion on an annual basis based on the level
7 of financial commitment provided by the award recipient to
8 provide ongoing future funding for the project as soon as the
9 project meets the criteria established by the department and
10 the award recipient. Financial assistance for this purpose
11 shall not be provided for more than three fiscal years.
12 Financial assistance may be provided to meet any short-term
13 emergency need that requires immediate attention and cannot
14 be funded through other sources.
15 (3) Financial assistance under this subsection provided
16 to a local transportation organization shall be matched by
17 local or private cash funding in an amount not less than 3
18 1/3% of the amount of the financial assistance being
19 provided. The sources of funds for the local match shall be
20 subject to the requirements of section 1513(d) (relating to
21 operating program).
22 § 1517. Program oversight and administration.
23 The department is authorized to use available money in the
24 fund to cover the costs incurred by the department in
25 administering all of its public passenger transportation funding
26 programs, including those established under this chapter, and
27 incurred in the carrying out of its responsibilities with
28 respect to the programs.
29 § 1518. Retroactive authority.
30 (a) Date of project.--Financial assistance may be awarded
20070H1590B2342 - 114 -
1 under this chapter by the department with reference to an
2 appropriate project irrespective of when it was first commenced
3 or considered and regardless of whether costs with respect to
4 the project were incurred prior to the time the financial
5 assistance is applied for or provided.
6 (b) Capital projects.--
7 (1) For capital projects, the applicant must obtain
8 approval in writing from the department prior to incurring
9 any expenses for which the applicant may later seek
10 reimbursement.
11 (2) Notwithstanding paragraph (1), approval by the
12 department shall not constitute an approval of the
13 applicant's underlying request for financial assistance.
14 (3) By providing preapproval under this subsection, the
15 department may recognize any local funds already expended as
16 satisfying the local match requirement if and when the
17 applicant's application is approved.
18 Section 2.1. Sections 1713(a) and 1715(a) of Title 74 are
19 amended to read:
20 § 1713. Appointment of board members.
21 (a) Appointment.--Except as provided in subsection (d) with
22 respect to the continuation in office of members of the board of
23 any authority established under the former provisions of Article
24 III of the act of January 22, 1968 (P.L.42, No.8), known as the
25 Pennsylvania Urban Mass Transportation Law, or the former
26 provisions of Chapter 15 (relating to metropolitan
27 transportation authorities), at any time after the effective
28 date of this chapter:
29 (1) The Governor may appoint as a member of the board
30 one person who may be an ex officio appointee from among the
20070H1590B2342 - 115 -
1 various officials in this Commonwealth and whose term as a
2 board member shall run concurrently with that of his
3 Commonwealth position, if any, or the term of the appointing
4 Governor, whichever is shorter.
5 (2) The Majority Leader and the Minority Leader of the
6 Senate and the Majority Leader and the Minority Leader of the
7 House of Representatives may each appoint one person to serve
8 as a board member, whose term shall be concurrent with the
9 term and who shall serve at the pleasure of the appointing
10 legislative leader.
11 (3) The county commissioners or the county council in
12 each county and, in any county of the first class containing
13 a city of the first class, the mayor, with the approval of
14 the city council, may appoint [two] persons from each county
15 to serve as board members[.] as follows:
16 (i) Two members for counties which contribute less
17 than 7.5% of total local match required for State
18 operating financial assistance.
19 (ii) Three members for counties which contribute at
20 least 7.5% but less than 25% of total local match
21 required for State operating financial assistance.
22 (iii) Four members for counties which contribute at
23 least 25% of total local match required for State
24 operating financial assistance.
25 (4) On the effective date of this paragraph, any county
26 which has a member of the board in excess of the number
27 allotted under paragraph (3) will lose an appointment to the
28 board upon the expiration of the term of the member whose
29 term expires next, or if there is a vacancy, may not appoint
30 a person to fill the vacancy.
20070H1590B2342 - 116 -
1 (5) The Secretary of Budget shall be a nonvoting member.
2 (6) The Secretary of Transportation or his deputy
3 secretary shall be a nonvoting member.
4 (7) Each member appointed by a county shall have a
5 professional background expertise or substantial experience
6 in one or more of the following areas:
7 (i) Transportation.
8 (ii) Finance.
9 (iii) Law.
10 (iv) Tourism.
11 (v) Ridership community groups.
12 (vi) Land use and urban planning.
13 * * *
14 § 1715. Meetings, quorum, officers and records.
15 (a) Meetings.--Regular meetings of the board shall be held
16 in the metropolitan area at least once in each calendar month
17 except July or August, the time and place of the meetings to be
18 fixed by the board. A majority of the board shall constitute a
19 quorum for the transaction of business. All action of the board
20 shall be by resolution, and the affirmative vote of a majority
21 of all the members shall be necessary for the adoption of any
22 resolution. No action by the board to which an express objection
23 has been made, under this section, by a board member or members
24 representing a county or counties having one-third or more of
25 the population of the metropolitan area, as determined by the
26 most recent decennial census, shall be carried unless supported
27 at a subsequent regular meeting of the board by the votes of at
28 least [three-quarters] 70% of the voting membership of the
29 board. In case of disagreement between members representing the
30 same county, each member shall be deemed to represent [one-half]
20070H1590B2342 - 117 -
1 an equal proportion of the population of that county.
2 * * *
3 Section 2.2. Title 74 is amended by adding a chapter to
4 read:
5 CHAPTER 81
6 TURNPIKE
7 Sec.
8 8101. Scope of chapter.
9 8102. Definitions.
10 8103. (Reserved).
11 8104. Status of turnpike revenue bonds, notes or other
12 obligations.
13 8105. Commission.
14 8106. Exercise of commission powers.
15 8107. Commission powers and duties.
16 8108. Expenses and bonding of commission members.
17 8109. Acquisition of property rights by commission.
18 8110. Procedural requirements of acquisition.
19 8111. Entry and possession of property condemned.
20 8112. Issuance of turnpike revenue bonds or other
21 obligations.
22 8113. Obligation proceeds restricted and lien created.
23 8114. Trust indenture authorized.
24 8115. Commission and obligations tax exempt.
25 8116. Collection and disposition of tolls and other revenue.
26 8116.1. Electronic toll collection.
27 8117. Refunding bonds.
28 8118. Rights of obligation holders and trustees.
29 8119. Authority granted to secretary.
30 8120. Construction of chapter.
20070H1590B2342 - 118 -
1 § 8101. Scope of chapter.
2 This chapter relates to turnpike organization, extension and
3 toll road conversion.
4 § 8102. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Commission." The Pennsylvania Turnpike Commission.
9 "Cost of the turnpikes." The term includes the cost of:
10 (1) Constructing turnpikes, connecting roads, storm
11 water management systems, tunnels and bridges.
12 (2) Lands, property rights, rights-of-way, easements and
13 franchises acquired by purchase or other means deemed
14 necessary or convenient for construction.
15 (3) Machinery and equipment, financing charges and
16 interest prior to construction, during construction and for
17 one year after completion of construction.
18 (4) Traffic estimates, engineering and legal expenses,
19 plans, specifications, surveys, cost and revenue estimates,
20 other expenses necessary or incident to determining the
21 feasibility or practicability of the enterprise,
22 administrative and legal expense and other expenses as may be
23 necessary or incident to financing authorized in this
24 chapter.
25 (5) Condemnation or other means of acquisition of
26 property necessary for the construction and operation.
27 (6) An obligation or expense contracted for by the
28 commission with the department or with the United States or a
29 Federal agency for any of the following:
30 (i) Traffic surveys, preparation of plans and
20070H1590B2342 - 119 -
1 specifications, supervision of construction and other
2 engineering and administrative and legal services and
3 expenses in connection with the construction of the
4 turnpike or any of the connecting roads, storm water
5 management systems, tunnels and bridges.
6 (ii) Costs of reimbursing the Federal Government
7 pursuant to the mandates of the Federal law for Federal
8 funds expended for interstate or other highways which are
9 to be made part of the turnpike system pursuant to this
10 chapter.
11 "Department." The Department of Transportation of the
12 Commonwealth.
13 "Electronic toll collection." A system of collecting tolls
14 or charges that is capable of charging an account holder for the
15 prescribed toll by electronic transmission of information
16 between a device on a vehicle and a device in a toll lane at a
17 toll collection facility.
18 "Lessee." A person, corporation, firm, partnership, agency,
19 association or organization that rents, leases or contracts for
20 the use of a vehicle and has exclusive use of the vehicle for
21 any period of time.
22 "Lessor." A person, corporation, firm, partnership, agency,
23 association or organization engaged in the business of renting
24 or leasing vehicles to any lessee under a rental agreement,
25 lease or other agreement under which the lessee has the
26 exclusive use of the vehicle for any period of time.
27 "Operator." An individual that uses or operates a vehicle
28 with or without permission of the owner.
29 "Owner." Except as provided under section 8116.1(e)
30 (relating to electronic toll collection), an individual,
20070H1590B2342 - 120 -
1 copartnership, association or corporation having title or
2 interest in a property right, easement or franchise authorized
3 to be acquired under this chapter.
4 "Secretary." The Secretary of Transportation of the
5 Commonwealth.
6 "Toll road conversion." The inclusion within the turnpike
7 system and the imposition of tolls on the system of a highway
8 that is presently toll free.
9 "Turnpikes." Any of the following:
10 (1) The turnpike, turnpike extensions and turnpike
11 improvements.
12 (2) Toll-free roads to be converted to toll roads under
13 this chapter.
14 (3) Related storm water management systems, tunnels and
15 bridges, property rights, easements and franchises deemed
16 necessary or convenient for the construction or the operation
17 of the turnpike, turnpike extension, turnpike improvement and
18 toll-free roads.
19 "Vehicle." The term as it is defined under 75 Pa.C.S. § 102
20 (relating to definitions).
21 "Violation enforcement system." A vehicle sensor, placed in
22 a location to work in conjunction with a toll collection
23 facility, which automatically produces a videotape or
24 photograph, microphotograph or other recorded image of the rear
25 portion of each vehicle at the time the vehicle is used or
26 operated in violation of the toll collection regulations. The
27 term includes any other technology which identifies a vehicle by
28 photographic, electronic or other method.
29 § 8103. (Reserved).
30 § 8104. Status of turnpike revenue bonds, notes or other
20070H1590B2342 - 121 -
1 obligations.
2 (a) General rule.--The turnpike revenue bonds, notes or
3 other obligations issued under the provisions of this chapter
4 shall not be deemed to be a debt of the Commonwealth or a pledge
5 of the faith and credit of the Commonwealth, but bonds, notes or
6 other obligations shall be payable solely from the revenues of
7 the commission, including tolls, or from funds as may be
8 available to the commission for that purpose.
9 (b) Statement required.--All bonds, notes or other
10 obligations shall contain a statement on their face that the
11 Commonwealth is not obligated to pay the same or the interest
12 thereon except from revenues of the commission, including tolls,
13 or from funds as may be available to the commission for that
14 purpose and that the faith and credit of the Commonwealth is not
15 pledged to the payment of the principal or interest of the
16 bonds, notes or other obligations.
17 (c) Pledge of Commonwealth prohibited.--The issuance of
18 turnpike revenue bonds, notes or other obligations under the
19 provisions of this chapter shall not directly or indirectly or
20 contingently obligate the Commonwealth to levy or to pledge any
21 form of taxation or to make any appropriation for their payment.
22 § 8105. Commission.
23 (a) Members.--
24 (1) Notwithstanding any other law to the contrary,
25 vacancies in the membership of the commission on or after the
26 effective date of this subsection shall be filled as follows:
27 (i) The first vacancy shall be filled by a member to
28 be appointed by the Majority Leader of the Senate.
29 (ii) The second vacancy shall be filled by a member
30 to be appointed by the Minority Leader of the Senate.
20070H1590B2342 - 122 -
1 (iii) The succeeding two vacancies shall be filled
2 by members to be appointed by the Governor.
3 (2) Paragraph (1) shall apply to a vacancy on the
4 commission which has occurred for any reason, but only as to
5 a member serving on the effective date of this subsection.
6 (3) Notwithstanding any other law to the contrary, the
7 Majority Leader of the House of Representatives and the
8 Minority Leader of the House of Representatives shall each
9 appoint one additional member to serve on the commission.
10 (4) A vacancy occurring during the term of a member
11 appointed in accordance with this subsection shall be filled
12 in a like manner only for the unexpired appointive term of
13 the member whose office has become vacant.
14 (5) Members appointed under the provisions of this
15 subsection shall serve for a term of four years. Upon the
16 expiration of this term, an appointed member may continue to
17 hold office for 90 days or until a successor shall be duly
18 appointed and qualified, whichever period is shorter, but
19 shall not continue to hold office thereafter unless
20 reappointed in accordance with law.
21 (6) Vacancies filled under paragraph (1) and subsequent
22 appointments made to the commission shall be without the
23 advice and consent of the Senate.
24 (a.1) Advisory committee.--
25 (1) There is hereby established a Pennsylvania Turnpike
26 Advisory Committee, which shall be composed of the following
27 members:
28 (i) The Secretary of Community and Economic
29 Development.
30 (ii) The Secretary of Revenue.
20070H1590B2342 - 123 -
1 (iii) The State Treasurer.
2 (iv) The chairman and minority chairman of the
3 Transportation Committee of the Senate.
4 (v) The chairman and minority chairman of the
5 Transportation Committee of the House of Representatives.
6 (vi) Eight members of the public representing the
7 area of concern specified who shall have extensive
8 experience and knowledge of transportation activities
9 throughout this Commonwealth to be appointed by the
10 Governor as follows:
11 (A) Two representatives of the engineering
12 community who are licensed and registered pursuant to
13 the act of May 23, 1945 (P.L.913, No.367), known as
14 the Engineer, Land Surveyor and Geologist
15 Registration Law.
16 (B) Two representatives from the highway
17 construction industry who have at least five years of
18 highway construction and planning experience.
19 (C) Two representatives from organized labor
20 unions.
21 (D) One member who shall be a certified public
22 accountant.
23 (E) One member from the general public with at
24 least five years of experience in transportation
25 finance and infrastructure.
26 (2) Each of the members of the committee may designate a
27 representative to serve in his stead. A member who designates
28 a representative shall notify the chairman in writing of the
29 designation.
30 (3) The term of all members of the committee appointed
20070H1590B2342 - 124 -
1 by the Governor shall be for three years. Any member of the
2 committee may be reappointed for no more than two full
3 successive terms. Any person appointed to fill a vacancy
4 occurring prior to the expiration of the term to which his
5 predecessor was appointed shall serve only for the unexpired
6 term. Each member shall serve until the appointment of a
7 successor.
8 (4) (i) The committee shall meet at least four times
9 every 12 months, but may hold such additional meetings as
10 are called by the chairman. The chairman shall provide
11 notice at least 14 days in advance for regular meetings
12 and provide a minimum of three days' notice for special
13 meetings. A majority of the appointed members shall
14 constitute a quorum for the conduct of business.
15 (ii) Minutes of meetings shall be prepared by the
16 secretary and filed with the committee and distributed to
17 all members. All records shall be a matter of public
18 record.
19 (iii) The public members of the committee shall be
20 allowed reasonable per diem expenses as established and
21 paid for by the commission. The commission shall provide
22 appropriate staff support to enable the committee to
23 properly carry out its functions.
24 (5) The committee shall have the power and duty to
25 consult and advise the Pennsylvania Turnpike Commission in
26 assisting in developing, operating and financing tolled
27 interstate systems within this Commonwealth in a timely,
28 efficient and cost-effective manner. Specifically, the
29 committee shall have the authority to conduct a study on the
30 feasibility of instituting toll collections on major
20070H1590B2342 - 125 -
1 interstates that pass through the State.
2 (6) The committee shall submit an annual report of its
3 deliberations and conclusions to the Governor and members of
4 the General Assembly by November 30 of each year.
5 (7) The Governor shall appoint one member of the
6 committee as chairperson. The members of the committee shall
7 annually elect a vice chairperson, a secretary and a
8 treasurer from among the members appointed to the committee.
9 (b) Secretary of Transportation.--The provisions of
10 subsection (a.1) shall not apply to the appointment of the
11 secretary who shall continue to be appointed and to serve as a
12 member of the commission ex officio in accordance with law.
13 (c) Chairman.--A majority of the members of the commission
14 shall elect a member of the commission to serve as chairman.
15 Upon the appointment and qualification of any new member to
16 serve on the commission, the office of chairman, and the
17 positions of all other officers created by law, shall be deemed
18 vacant and a new chairman and other officers shall be elected by
19 a majority of the members of the commission.
20 (d) Actions by the commission.--Notwithstanding any other
21 law, court decision, precedent or practice to the contrary, any
22 and all actions by or on behalf of the commission shall be taken
23 solely upon the approval of a majority of the members to the
24 commission. A majority of the members of the commission shall
25 mean five members of the commission. The term "actions by or on
26 behalf of the commission" means any action whatsoever of the
27 commission, including, but not limited to, the hiring,
28 appointment, removal, transfer, promotion or demotion of any
29 officers and employees; the retention, use or remuneration of
30 any advisors, counsel, auditors, architects, engineers or
20070H1590B2342 - 126 -
1 consultants; the initiation of any legal action; the making of
2 any contracts, leases, agreements, bonds, notes or covenants;
3 the approval of requisitions, purchase orders, investments and
4 reinvestments; and the adoption, amendment, revision or
5 rescission of any rules and regulations, orders or other
6 directives. The chairman, vice chairman or any other officer or
7 employee of the commission may take no action by or on behalf of
8 the commission except as expressly authorized by a majority of
9 the members of the commission.
10 (e) Compensation.--The annual salary of the Chairman of the
11 Pennsylvania Turnpike Commission shall be $28,500, and the
12 annual salary of the remaining members of the Pennsylvania
13 Turnpike Commission shall be $26,000. These salaries shall be
14 paid in equal installments every other week.
15 § 8106. Exercise of commission powers.
16 The exercise by the commission of the powers conferred by
17 this chapter in the construction, operation and maintenance of
18 the turnpikes and in effecting toll road conversions shall be
19 deemed and held to be an essential governmental function of the
20 Commonwealth.
21 § 8107. Commission powers and duties.
22 (a) Powers and duties of commission.--The commission may:
23 (1) Maintain a principal office at a place designated by
24 the commission.
25 (2) Contract and be contracted within its own name.
26 (3) Sue and be sued in its own name, plead and be
27 impleaded. Any civil action against the commission shall be
28 brought only in the courts in which actions may be brought
29 against the Commonwealth.
30 (4) Have an official seal.
20070H1590B2342 - 127 -
1 (5) Make necessary rules and regulations for its own
2 government and in control of traffic.
3 (6) Acquire, hold, accept, own, use, hire, lease,
4 exchange, operate and dispose of personal property, real
5 property and interests in real property and make and enter
6 into all contracts and agreements necessary or incidental to
7 the performance of its duties and the execution of its powers
8 under this chapter and employ engineering, traffic,
9 architectural and construction experts and inspectors,
10 attorneys and other employees as may in its judgment be
11 necessary and fix their compensation.
12 (7) (i) Provide grade separations at its own expense
13 with respect to all public roads, State highways and
14 interstate highways intersected by the turnpikes and to
15 change and adjust the lines and grades thereof so as to
16 accommodate the same to the design for grade separation.
17 (ii) The damages incurred in changing and adjusting
18 the lines and grades of public roads, State highways and
19 interstate highways shall be ascertained and paid by the
20 commission in accordance with 26 Pa.C.S. (relating to
21 eminent domain).
22 (iii) If the commission shall find it necessary to
23 provide a grade separation or change the site of any
24 portion of any interstate highway, State highway or
25 public road, or vacate the same, the commission shall
26 cause it to be reconstructed and restored at the
27 commission's expense on the most favorable location and
28 in as satisfactory a manner as the original road or
29 vacate it as the case may be.
30 (iv) The method of acquiring the right-of-way and
20070H1590B2342 - 128 -
1 determining damages incurred in changing the location of
2 or vacating the road, State highway or interstate highway
3 shall be ascertained and paid for in accordance with 26
4 Pa.C.S.
5 (8) Petition the court of common pleas of the county in
6 which any public road or part thereof is located and affected
7 by the location of the turnpikes, for the vacation,
8 relocation or supply of the same or any part thereof with the
9 same force and effect as is now given by existing laws to the
10 inhabitants of any township or the county, and the
11 proceedings upon petition, whether for the appointment of
12 viewers or otherwise, shall be the same as provided by
13 existing law for similar proceedings upon the petitions.
14 (9) Have all of the powers and perform all the duties
15 prescribed by the act of May 21, 1937 (P.L.774, No.211),
16 referred to as the Pennsylvania Turnpike Commission Act.
17 (b) Maintenance to be paid out of tolls.--
18 (1) The turnpike extensions and improvements and the
19 conversion of toll-free roads to toll roads when completed
20 and open to traffic shall be maintained and repaired by and
21 under the control of the commission.
22 (2) All charges and costs for the maintenance and
23 repairs actually expended by the commission shall be paid out
24 of tolls.
25 (3) The turnpike, the turnpike extensions and
26 improvements and the toll-free roads converted to toll roads
27 shall also be policed and operated by a force of police, toll
28 takers and other operating employees as the commission may in
29 its discretion employ.
30 § 8108. Expenses and bonding of commission members.
20070H1590B2342 - 129 -
1 (a) Payment of expenses.--All compensation and salaries and
2 all expenses incurred in carrying out the provisions of this
3 chapter shall be paid solely from funds provided under the
4 authority of this chapter, and no liability or obligation shall
5 be incurred under this chapter beyond the extent to which money
6 shall have been provided under the authority of this chapter.
7 (b) No additional bond required.--The issuance of any
8 turnpike revenue bonds, notes or other obligations under the
9 provisions of this chapter shall not cause any member of the
10 commission to be required to execute a bond that a member of the
11 commission is not otherwise required to execute.
12 § 8109. Acquisition of property rights by commission.
13 (a) Condemnation.--The commission may condemn, pursuant to
14 26 Pa.C.S. (relating to eminent domain), any lands, interests in
15 lands, property rights, rights-of-way, franchises, easements and
16 other property deemed necessary or convenient for the
17 construction and efficient operation of the turnpikes and the
18 toll road conversions or necessary in the restoration or
19 relocation of public or private property damaged or destroyed.
20 (b) Purchase.--
21 (1) The commission may acquire by purchase, whenever it
22 shall deem the purchase expedient, or otherwise accept if
23 dedicated to it, any lands, interests in lands, property
24 rights, rights-of-way, franchises, easements and other
25 property deemed necessary or convenient for the construction
26 and efficient operation of the turnpikes and toll road
27 conversions or necessary in the restoration of public or
28 private property damaged or destroyed, whether the property
29 has been previously condemned or otherwise, upon terms and at
30 a price as may be considered by the commission to be
20070H1590B2342 - 130 -
1 reasonable and can be agreed upon between the commission and
2 the owner thereof and to take title thereto in the name of
3 the commission.
4 (2) The net proceeds of the purchase price payable to a
5 municipality or the department for any real property or
6 interest therein obtained by the commission pursuant to this
7 chapter, less the cost of retiring any bonded indebtedness on
8 the property or interest, shall be used exclusively, in the
9 case of a municipality, for road-related and bridge-related
10 expenses and, in the case of the department, for highway and
11 bridge construction, reconstruction and maintenance in the
12 same engineering and maintenance district in which the
13 property is located.
14 § 8110. Procedural requirements of acquisition.
15 (a) Title.--Title to any property condemned by the
16 commission shall be taken in the name of the commission.
17 (b) Entry.--
18 (1) In addition to any others powers set forth in this
19 chapter, the commission and its authorized agents and
20 employees may enter upon any lands, waters and premises in
21 this Commonwealth for the purpose of making surveys,
22 soundings, drillings and examinations, as it may deem
23 necessary or convenient for the purpose of this chapter.
24 (2) The entry shall not be deemed a trespass, nor shall
25 an entry for the purposes be deemed an entry under any
26 condemnation proceedings which may be then pending.
27 (3) The commission shall make reimbursement for any
28 actual damages resulting to the lands, waters and premises as
29 a result of the activities.
30 (c) Restoration of property.--Any public or private property
20070H1590B2342 - 131 -
1 damaged or destroyed in carrying out the powers granted by this
2 chapter shall be restored or repaired and placed in its original
3 condition as nearly as practicable or adequate compensation made
4 for the property out of funds provided under the authority of
5 this chapter.
6 (d) Powers of public bodies.--Notwithstanding any other
7 provision of law to the contrary, a political subdivision and a
8 public agency and commission of the Commonwealth may lease,
9 lend, dedicate, grant, convey or otherwise transfer to the
10 commission, upon its request, upon terms and conditions as the
11 proper authorities of the political subdivisions or public
12 agencies and commissions of the Commonwealth may deem reasonable
13 and fair and without the necessity for any advertisement, order
14 of court or other action or formality, other than the regular
15 and formal action of the authorities concerned, any real
16 property which may be necessary or convenient to the
17 effectuation of the authorized purposes of the commission,
18 including public roads and other real property already devoted
19 to public use.
20 § 8111. Entry and possession of property condemned.
21 Whenever the commission has condemned any lands, rights,
22 rights-of-way, easements and franchises, or interests therein,
23 as provided in this chapter, the commission may proceed to
24 obtain possession in the manner provided by 26 Pa.C.S. (relating
25 to the eminent domain).
26 § 8112. Issuance of turnpike revenue bonds or other
27 obligations.
28 (a) Authorization.--
29 (1) A bond must be authorized by resolution of the
30 commission. The resolution may specify all of the following:
20070H1590B2342 - 132 -
1 (i) Series.
2 (ii) Date of maturity not exceeding 40 years from
3 date of issue.
4 (iii) Interest.
5 (iv) Denomination.
6 (v) Form, either coupon or fully registered without
7 coupons.
8 (vi) Registration, exchangeability and
9 interchangeability privileges.
10 (vii) Medium of payment and place of payment.
11 (viii) Terms of redemption not exceeding 105% of the
12 principal amount of the bond.
13 (ix) Priorities in the revenues or receipts of the
14 commission.
15 (2) A bond must be signed by or shall bear the facsimile
16 signature of such officers as the commission determines.
17 Coupon bonds must have attached interest coupons bearing the
18 facsimile signature of the treasurer of the commission as
19 prescribed in the authorizing resolution. A bond may be
20 issued and delivered notwithstanding that one or more of the
21 signing officers or the treasurer has ceased to be an officer
22 when the bond is actually delivered. A bond must be
23 authenticated by an authenticating agent, a fiscal agent or a
24 trustee, if required by the authorizing resolution.
25 (3) A bond may be sold at public or private sale for a
26 price determined by the commission.
27 (4) Pending the preparation of a definitive bond,
28 interim receipts or temporary bonds with or without coupons
29 may be issued to the purchaser and may contain terms and
30 conditions as the commission determines.
20070H1590B2342 - 133 -
1 (b) Provisions.--A resolution authorizing a bond may contain
2 provisions which shall be part of the contract with the
3 bondholder as to the following:
4 (1) Pledging the full faith and credit of the commission
5 but not of the Commonwealth or any political subdivision for
6 the bond or restricting the obligation of the commission to
7 all or any of the revenue of the commission from all or any
8 projects or properties.
9 (2) The construction, financing, improvement, operation,
10 extension, enlargement, maintenance and repair for the
11 payment of the costs of the turnpikes and the toll road
12 conversions, including the reconstruction of the converted
13 roads as provided for in this chapter and the repayment to
14 the Federal Treasury of any funds so required to be repaid
15 pursuant to any special legislation passed by the Congress of
16 the United States authorizing the conversion of toll-free
17 roads to toll roads, the financing for insurance reserves and
18 the duties of the commission with reference to these matters.
19 (3) Terms and provisions of the bond.
20 (4) Limitations on the purposes to which the proceeds of
21 the bond or other financing may be applied.
22 (5) Rate of tolls and other charges for use of the
23 facilities of or for the services rendered by the commission.
24 (6) The setting aside, regulation and disposition of
25 reserves and sinking funds.
26 (7) Limitations on the issuance of additional bonds.
27 (8) Terms and provisions of any deed of trust or
28 indenture securing the bond or under which any deed of trust
29 or indenture may be issued.
30 (9) Other additional agreements with the holder of the
20070H1590B2342 - 134 -
1 bond.
2 (c) Deeds of trust.--The commission may enter into any deed
3 of trust, indenture or other agreement with any bank or trust
4 company or other person in the United States having power to
5 enter into such an arrangement, including any Federal agency, as
6 security for a bond and may assign and pledge all or any of the
7 revenues or receipts of the commission under such deed,
8 indenture or agreement. The deed of trust, indenture or other
9 agreement may contain provisions as may be customary in such
10 instruments or as the commission may authorize, including
11 provisions as to the following:
12 (1) Construction, financing, improvement, operation,
13 maintenance and repair for the payment of the costs of the
14 turnpikes and the toll road conversions, including the
15 reconstruction of the converted roads as provided for in this
16 chapter and the repayment to the Federal Treasury of any
17 funds so required to be repaid pursuant to any special
18 legislation passed by the Congress of the United States
19 authorizing the conversion of toll-free roads to toll roads,
20 financing for insurance reserves and the duties of the
21 commission with reference to these matters.
22 (2) Application of funds and the safeguarding of funds
23 on hand or on deposit.
24 (3) Rights and remedies of trustees and bondholders,
25 including restrictions upon the individual right of action of
26 a bondholder.
27 (4) Terms and provisions of the bond or the resolution
28 authorizing the issuance of the bond.
29 (d) Negotiability.--A bond shall have all the qualities of
30 negotiable instruments under 13 Pa.C.S. Div. 3 (relating to
20070H1590B2342 - 135 -
1 negotiable instruments).
2 § 8113. Obligation proceeds restricted and lien created.
3 All money received from any bonds, notes or other obligations
4 issued under this chapter shall be applied solely to the payment
5 of the cost of the turnpike, the turnpike extensions and
6 improvements and the toll road conversions, including the
7 reconstruction of the converted roads as provided for in this
8 chapter and the repayment to the Federal Treasury of any funds
9 so required to be repaid pursuant to any special legislation
10 passed by the Congress of the United States authorizing the
11 conversion of toll-free roads to toll roads or to the
12 appurtenant fund. There is created and granted a lien upon the
13 money, until so applied, in favor of holders of the bonds, notes
14 or other obligations or the trustee provided for in this chapter
15 in respect of the bonds, notes or other obligations.
16 § 8114. Trust indenture authorized.
17 (a) Security for bonds.--In the discretion of the
18 commission, the bonds, notes or other obligations may be secured
19 by a trust indenture by and between the commission and a
20 corporate trustee, which may be any trust company or bank having
21 the powers of a trust company, within this Commonwealth. The
22 trust indenture may pledge or assign tolls and revenue to be
23 received but shall not convey or mortgage the Pennsylvania
24 Turnpike System, including the turnpikes and toll road
25 conversions provided for by this chapter.
26 (b) Rights of bondholders.--Either the resolution providing
27 for the issuance of the bonds, notes or other obligations or the
28 trust indenture may contain provisions for protecting and
29 enforcing the rights and remedies of the bondholders or holders
30 of notes or other obligations as may be reasonable and proper
20070H1590B2342 - 136 -
1 and not in violation of law, including covenants setting forth
2 the duties of the commission in relation to the acquisition of
3 properties and the construction, maintenance, operation and
4 repair and insurance of the turnpikes, and the custody,
5 safeguarding and application of all money. It shall be lawful
6 for any bank or trust company incorporated under the laws of
7 this Commonwealth to act as a depository of the proceeds of
8 bonds, notes or other obligations or revenues and to furnish the
9 indemnity bonds or to pledge the securities as may be required
10 by the commission. The trust indenture may set forth the rights
11 and remedies of the bondholders or holders of notes or other
12 obligations and of the trustee and may restrict the individual
13 right of action of bondholders or holders of notes or other
14 obligations as is customary in trust indentures securing bonds,
15 debentures of corporations, notes or other obligations. In
16 addition to the foregoing, the trust indenture may contain other
17 provisions as the commission may deem reasonable and proper for
18 the security of bondholders or holders of notes or other
19 obligations. All expenses incurred in carrying out the trust
20 indenture may be treated as part of the cost of maintenance,
21 operation and repair of the turnpikes and toll road conversions
22 provided for by this chapter.
23 § 8115. Commission and obligations tax exempt.
24 The accomplishment by the commission of the authorized
25 purposes stated in this chapter being for the benefit of the
26 people of this Commonwealth and for the improvement of their
27 commerce and prosperity, in which accomplishment the commission
28 will be performing essential governmental functions, the
29 commission shall not be required to pay any taxes or assessments
30 on any property acquired or used by it for the purposes provided
20070H1590B2342 - 137 -
1 in this chapter, and the bonds, notes or other obligations
2 issued by the commission, their transfer and the income
3 therefrom, including any profits made on the sale thereof, shall
4 at all times be free from taxation within this Commonwealth.
5 § 8116. Collection and disposition of tolls and other revenue.
6 (a) Establishment and changes in toll amounts.--Subject to
7 the terms of any trust indenture entered into by the commission,
8 any resolution authorizing the issuance of any bonds, notes or
9 other obligations of the commission, the commission is
10 authorized: to fix and to revise tolls for the use of the
11 Pennsylvania Turnpike System and the different parts or sections
12 of the system, including the turnpike, the turnpike extensions
13 and improvements and the toll road conversions authorized by
14 this chapter: to charge and collect the tolls; to contract with
15 any person, partnership, association or corporation desiring the
16 use of any part thereof, including the right-of-way adjoining
17 the paved portion, for placing thereon telephone, telegraph,
18 electric light or power lines, gas stations, garages, stores,
19 hotels, restaurants and advertising signs, or for any other
20 purpose, except for tracks for railroad or railway use; and to
21 fix the terms, conditions, rents and rates of charges for use.
22 Tolls shall be fixed and adjusted as to provide funds at least
23 sufficient with other revenues of the Pennsylvania Turnpike
24 System, if any, to pay:
25 (1) the cost of constructing, maintaining, repairing and
26 operating the Pennsylvania Turnpike System and the different
27 parts and sections of the system; and
28 (2) any bonds, notes or other obligations and the
29 interest thereon of the commission, and all sinking fund
30 requirements of the commission, and other requirements
20070H1590B2342 - 138 -
1 provided for by any resolution authorizing the issuance of
2 the bonds, notes or other obligations by the commission, or
3 by any trust indenture to which the commission is a party, as
4 the same shall become due.
5 (b) Restrictions on toll revenue.--Tolls shall not be
6 subject to supervision or regulation by any other State
7 commission, board, bureau or agency. Subject to the terms of any
8 presently existing trust indenture entered into by the
9 commission and any presently existing resolution authorizing the
10 issuance of any bonds, notes or other obligations of the
11 commission, the tolls and all other revenue derived from the
12 Pennsylvania Turnpike System shall be set aside and pledged as
13 may be provided in any resolutions, trust indentures or any
14 other agreements that the commission may hereafter adopt or
15 hereafter enter into with respect to the issuance of bonds,
16 notes or other obligations of the commission.
17 § 8116.1. Electronic toll collection.
18 (a) Liability of owner.--
19 (1) If an operator of a vehicle fails to pay the
20 prescribed toll at any location where tolls are collected by
21 means of electronic toll collection, the owner of the vehicle
22 shall be liable to the commission for failure of the operator
23 of the vehicle to comply with this section if the violation
24 is evidenced by information obtained from a violation
25 enforcement system.
26 (2) If a violation of this section is committed, the
27 registration plate number of the vehicle as recorded by a
28 violation enforcement system shall establish an inference
29 that the owner of the vehicle was then operating the vehicle.
30 The inference shall be overcome if the owner does all of the
20070H1590B2342 - 139 -
1 following:
2 (i) Testifies that the owner was not operating the
3 vehicle at the time of the violation.
4 (ii) Submits to an examination as to who at the time
5 was operating the vehicle.
6 (iii) Reveals the name and residence address, if
7 known, of the operator of the vehicle.
8 (3) If an action or proceeding is commenced in a county
9 other than that of the residence of the owner, a verified
10 written statement setting forth the facts prescribed under
11 paragraph (2)(i), (ii) and (iii) shall suffice to overcome
12 the inference.
13 (4) If the inference is overcome, the operator of the
14 vehicle may be held liable under this section for failure to
15 pay the prescribed toll in the same manner as if the operator
16 were the owner of the vehicle.
17 (b) Imposition of liability.--Liability under this section
18 shall be imposed upon an owner for a violation of this section
19 or the regulations of the commission occurring within the
20 territorial limits of this Commonwealth. If a violation is
21 committed as evidenced by a violation enforcement system, the
22 following shall apply:
23 (1) The commission or an authorized agent or employee
24 must prepare and mail a notice of violation as follows:
25 (i) The notice of violation must be sent by first
26 class mail to each person alleged to be liable as an
27 owner for a violation of this section.
28 (ii) The notice must be mailed at the address shown
29 on the vehicle registration or at the address of the
30 operator, as applicable. Notice must be mailed no later
20070H1590B2342 - 140 -
1 than 60 days after:
2 (A) the alleged conduct; or
3 (B) the date the inference is overcome under
4 subsection (a)(2).
5 (iii) Personal service is not required.
6 (iv) The notice must contain all of the following:
7 (A) Information advising the person charged of
8 the manner and time in which the liability alleged in
9 the notice may be contested.
10 (B) A warning advising the person charged that
11 failure to contest in the manner and time provided
12 shall be deemed an admission of liability and that a
13 default judgment may be entered on the notice.
14 (1.1) A manual or automatic record of mailing prepared
15 in the ordinary course of business shall be prima facie
16 evidence of the mailing of notice.
17 (2) If an owner of a vehicle or an owner that is a
18 lessor of a vehicle receives a notice of violation under this
19 section for any time period during which the vehicle was
20 reported to a police department as having been stolen, it
21 shall be a defense to the allegation of liability that the
22 vehicle had been reported to the police as having been stolen
23 prior to the time the violation occurred and that the vehicle
24 had not been recovered by the time of the violation. For
25 purposes of asserting the defense under this paragraph, it
26 shall be sufficient that a certified copy of the police
27 report on the stolen vehicle be sent by first class mail to
28 the commission within 30 days after receiving the original
29 notice of violation. Failure to send the information within
30 the time limit under this paragraph shall render the owner or
20070H1590B2342 - 141 -
1 lessor liable for the penalty prescribed by this section.
2 (3) An owner that is a lessor of a vehicle as to which a
3 notice of violation was issued under paragraph (1) shall not
4 be liable for a violation if the owner sends to the
5 commission a copy of the rental, lease or other contract
6 document covering the vehicle on the date of the violation,
7 with the name and address of the lessee clearly legible to
8 the commission, within 30 days after receiving the original
9 notice of violation. Failure to send the information within
10 the time limit under this paragraph shall render the lessor
11 liable for the penalty prescribed by this section. If the
12 lessor complies with the provisions of this section, the
13 lessee of the vehicle on the date of the violation shall be
14 deemed to be the owner of the vehicle for purposes of this
15 section and shall be subject to liability for the penalty
16 under this section.
17 (4) A certified report or a facsimile report of an
18 authorized agent or employee of the commission reporting a
19 violation of this section or regulations of the commission
20 based upon the recorded information obtained from a violation
21 enforcement system shall be prima facie evidence of the facts
22 contained in the report and shall be admissible as an
23 official record kept in the ordinary course of business in
24 any proceeding charging a violation of this section or the
25 toll collection regulations of the commission.
26 (5) Notwithstanding any other provision of law,
27 videotapes, photographs, microphotographs, other recorded
28 images, written records, reports or facsimiles prepared
29 pursuant to this section shall be for the exclusive use of
30 the commission, its authorized agents, its employees and law
20070H1590B2342 - 142 -
1 enforcement officials for the purpose of discharging duties
2 under this section and the regulations of the commission. The
3 information shall not be deemed a public record under the act
4 of June 21, 1957 (P.L.390, No.212), referred to as the Right-
5 to-Know Law. The information shall not be discoverable by
6 court order or otherwise; nor shall it be offered in evidence
7 in any action or proceeding which is not directly related to
8 a violation of this section, the regulations of the
9 commission or indemnification for liability imposed pursuant
10 to this section. The restrictions set forth in this
11 paragraph:
12 (i) shall not be deemed to preclude a court of
13 competent jurisdiction from issuing an order directing
14 that the information be provided to law enforcement
15 officials if the information is reasonably described and
16 is requested solely in connection with a criminal law
17 enforcement action;
18 (ii) shall not be deemed to preclude the exchange of
19 the information between any entities with jurisdiction
20 over or which operate an electronic toll collection
21 system in this Commonwealth or any other jurisdiction;
22 and
23 (iii) shall not be deemed to prohibit the use of
24 information exclusively for the purpose of billing
25 electronic toll collection account holders, deducting
26 toll charges from the account of an account holder,
27 enforcing toll collection laws and related regulations or
28 enforcing the provisions of an account holder agreement.
29 (6) An imposition of liability under this section must
30 be based upon a preponderance of evidence.
20070H1590B2342 - 143 -
1 (7) An imposition of liability pursuant to this section
2 shall not be deemed a conviction of an owner and shall not be
3 made part of the motor vehicle operating record of the person
4 upon whom the liability is imposed, nor shall it be
5 considered in the provision of motor vehicle insurance
6 coverage.
7 (8) An owner that admits, is found liable or fails to
8 respond to the notice of violation for a violation of this
9 section shall be civilly liable to the commission for all of
10 the following:
11 (i) Either:
12 (A) the amount of the toll evaded or attempted
13 to be evaded if the amount can be determined; or
14 (B) the maximum toll from the farthest point of
15 entry on the Pennsylvania Turnpike to the actual
16 point of exit if the amount of the toll evaded or
17 attempted to be evaded cannot be determined.
18 (ii) A reasonable administrative fee not to exceed
19 $35 per notification.
20 (9) Nothing in this section shall be construed to limit
21 the liability of the operator of a vehicle for a violation of
22 this section or of the regulations of the commission.
23 (c) Placement of electronic toll collection device.--An
24 electronic toll collection device which is affixed to the front
25 windshield of a vehicle in accordance with the regulations of
26 the commission shall not be deemed to constitute a violation of
27 75 Pa.C.S. § 4524 (relating to windshield obstructions and
28 wipers).
29 (d) Privacy of electronic toll collection account holder
30 information.--
20070H1590B2342 - 144 -
1 (1) Except as set forth paragraph (2), notwithstanding
2 any other provision of law, all of the following apply to
3 information kept by the commission, its authorized agents or
4 its employees which is related to the account of an
5 electronic toll collection system account holder:
6 (i) The information shall be for the exclusive use
7 of the commission, its authorized agents, its employees
8 and law enforcement officials for the purpose of
9 discharging their duties pursuant to this section and the
10 regulations of the commission. This subparagraph includes
11 names, addresses, account numbers, account balances,
12 personal financial information, vehicle movement records
13 and other information compiled from transactions with the
14 account holders.
15 (ii) The information shall not be deemed a public
16 record under the Right-to-Know Law, nor shall it be
17 discoverable by court order or otherwise or be offered in
18 evidence in any action or proceeding which is not
19 directly related to the discharge of duties under this
20 section, the regulations of the commission or a violation
21 of an account holder agreement.
22 (2) Paragraph (1) shall not be deemed to do any of the
23 following:
24 (i) Preclude a court of competent jurisdiction from
25 issuing an order directing that the information be
26 provided to law enforcement officials if the information
27 is reasonably described and is requested solely in
28 connection with a criminal law enforcement action.
29 (ii) Preclude the exchange of the information
30 between any entities with jurisdiction over or which
20070H1590B2342 - 145 -
1 operate an electronic toll collection system in this
2 Commonwealth or any other jurisdiction.
3 (iii) Prohibit the use of the information
4 exclusively for the purpose of billing electronic toll
5 collection account holders, deducting toll charges from
6 the account of an account holder, enforcing toll
7 collection laws and related regulations or enforcing the
8 provisions of an account holder agreement.
9 (e) Definition.--As used in this section, the term "owner"
10 means any person, corporation, firm, partnership, agency,
11 association, organization or lessor that, at the time a vehicle
12 is operated in violation of this section or regulations of the
13 commission:
14 (1) is the beneficial or equitable owner of the vehicle;
15 (2) has title to the vehicle; or
16 (3) is the registrant or coregistrant of the vehicle
17 registered with the department or a comparable agency of
18 another jurisdiction or uses the vehicle in its vehicle
19 renting or leasing business. The term includes a person
20 entitled to the use and possession of a vehicle subject to a
21 security interest in another person.
22 § 8117. Refunding bonds.
23 The commission is authorized to provide, by resolution, for
24 the issuance of turnpike revenue refunding bonds for the purpose
25 of refunding issued and outstanding turnpike revenue bonds,
26 notes or other obligations. Applicable provisions of this
27 chapter govern all of the following:
28 (1) Issuance of the turnpike revenue refunding bonds.
29 (2) Maturities and other details of the refunding bonds.
30 (3) Rights of the holders of the bonds.
20070H1590B2342 - 146 -
1 (4) Duties of the Commonwealth and of the commission in
2 respect to the bonds.
3 § 8118. Rights of obligation holders and trustees.
4 (a) Scope.--This section applies to all of the following:
5 (1) A holder of:
6 (i) a bond, note or other obligation issued under
7 this chapter; or
8 (ii) a coupon attached to the bond, note or other
9 obligation.
10 (2) The trustee under an applicable trust indenture.
11 (b) Enforcement.--Subject to subsection (c), a person
12 referred to in subsection (a) may, by an action at law or in
13 equity, do all of the following:
14 (1) Protect and enforce rights granted under this
15 chapter or under the resolution or trust indenture.
16 (2) Enforce and compel performance of all duties
17 required by this chapter or by the resolution or trust
18 indenture to be performed by the commission or an officer of
19 the commission. This paragraph includes fixing, charging and
20 collecting of tolls for the use of the turnpikes.
21 (c) Restriction.--Rights under this chapter may be
22 restricted by resolution passed before the issuance of the bond,
23 note or other obligation or by the trust indenture.
24 § 8119. Authority granted to secretary.
25 (a) Agreement with Federal Government.--
26 (1) The secretary is authorized to enter into an
27 agreement with the United States Department of
28 Transportation, the Federal Highway Administration and any
29 other Federal agency to obtain Federal funds for projects for
30 resurfacing, restoring and rehabilitating toll roads in this
20070H1590B2342 - 147 -
1 Commonwealth. The commission is authorized to use Federal
2 funds which may be available for toll roads only upon
3 approval of the secretary and only under the authority
4 granted under this section.
5 (2) (Reserved).
6 (b) Approval by department.--Contracts and agreements
7 relating to the construction of the turnpikes and connecting
8 tunnels and bridges must be approved by the department.
9 § 8120. Construction of chapter.
10 This chapter shall be regarded as supplemental and additional
11 to powers conferred by other statutes and shall not be regarded
12 as in derogation of any powers now existing and shall be
13 liberally construed to effect its purposes.
14 Section 2.3. Section 8901 of Title 75 is amended to read:
15 § 8901. Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Annual additional rent." That portion of the rent payable
20 to the Department of Transportation under section 8915.3(5)
21 (relating to lease of Interstate 80).
22 "Annual base rent." That portion of the rent payable to the
23 Department of Transportation under section 8915.3(4) (relating
24 to lease of Interstate 80).
25 "Annual surplus rent." That portion of the rent payable to
26 the Department of Transportation under section 8915.3(6)
27 (relating to lease of Interstate 80).
28 "Auditor General's certificate." The certificate issued by
29 the Auditor General within 180 days after the end of each fiscal
30 year of the Pennsylvania Turnpike Commission certifying all of
20070H1590B2342 - 148 -
1 the following:
2 (1) The amount of the general reserve fund surplus for
3 the fiscal year.
4 (2) Interstate 80 savings for the fiscal year.
5 (3) After review of the commission's current ten-year
6 capital plan, that the transfer of the general reserve fund
7 surplus under section 8915.3 (relating to lease of Interstate
8 80) shall not impair the ability of the commission to meet
9 its obligations under the lease agreement or the commission's
10 ten-year capital plan.
11 "Commission." The Pennsylvania Turnpike Commission.
12 "Conversion date." The date the Pennsylvania Turnpike
13 Commission intends to assume control over Interstate 80 as set
14 forth in the conversion notice.
15 "Conversion notice." Written notice to the Secretary of
16 Transportation from the Pennsylvania Turnpike Commission
17 providing notice of its intent to assume control over Interstate
18 80 under section 8915.3(3) (relating to lease of Interstate 80).
19 "Conversion period." A period of three years:
20 (1) which begins on the date of execution of the lease
21 agreement; and
22 (2) during which the Pennsylvania Turnpike Commission
23 may give the Department of Transportation conversion notice
24 or notice that the commission has exercised its option to
25 extend the conversion period pursuant to section 8915.3(2)
26 (relating to lease of Interstate 80).
27 "Fiscal year." The fiscal year of the Pennsylvania Turnpike
28 Commission.
29 "General reserve fund surplus." The amount which:
30 (1) is certified by the Auditor General in the Auditor
20070H1590B2342 - 149 -
1 General's certificate as existing in the Pennsylvania
2 Turnpike Commission's general reserve fund on the last day of
3 the fiscal year; and
4 (2) is not required to be retained in the general
5 reserve fund pursuant to any financial documents, financial
6 covenants, insurance policies, liquidity policies or
7 agreements, swap agreements or rating agency requirements in
8 effect at the commission.
9 "Interstate 80 savings." An amount equal to the following:
10 (1) Prior to the conversion date, the amount shall be
11 zero.
12 (2) After the conversion date, the amount certified in
13 the Auditor General's certificate equal to $100,000,000,
14 increased by 4% for each year after the year of execution of
15 the lease agreement.
16 "Lease agreement." A lease agreement between the Department
17 of Transportation and the Pennsylvania Turnpike Commission which
18 shall include provisions setting forth the terms of the
19 conversion of Interstate 80 to a toll road.
20 "Scheduled annual commission contribution." The following
21 amounts:
22 (1) $700,000,000 in fiscal year 2007-2008.
23 (2) $750,000,000 in fiscal year 2008-2009.
24 (3) $800,000,000 in fiscal year 2009-2010.
25 (4) $800,000,000 increased by 2.5% for each fiscal year
26 after fiscal year 2009-2010.
27 Section 2.4. Section 8911 introductory paragraph of Title 75
28 is amended and the section is amended by adding a paragraph to
29 read:
30 § 8911. Improvement and extension authorizations.
20070H1590B2342 - 150 -
1 In order to facilitate vehicular traffic within and across
2 this Commonwealth, the commission is hereby authorized and
3 empowered to construct, reconstruct, widen, expand, extend,
4 operate and maintain turnpike extensions and turnpike
5 improvements at such specific locations and according to such
6 schedule as shall be deemed feasible and approved by the
7 commission, together with connecting roads, storm water
8 management systems, interchanges, slip ramps, tunnels and
9 bridges, subject to the waiver of the Federal toll prohibition
10 provisions where applicable, as follows:
11 * * *
12 (10) Other slip ramps and interchanges as the commission
13 may determine.
14 Section 2.5. Sections 8912 introductory paragraph, 8913,
15 8914 introductory paragraph and 8915 introductory paragraph of
16 Title 75 are amended to read:
17 § 8912. Subsequent extension authorizations.
18 The commission is also hereby authorized and empowered to
19 construct, reconstruct, widen, expand, extend, operate and
20 maintain further extensions and improvements of the turnpike at
21 such specific locations and according to such schedules as shall
22 be deemed feasible and which shall be approved by the
23 commission, subject to the waiver of the Federal toll
24 prohibition provisions where applicable, as follows:
25 * * *
26 § 8913. Additional subsequent extension authorizations.
27 Upon substantial completion of the turnpike extensions and
28 improvements set forth in sections 8911 (relating to improvement
29 and extension authorizations) and 8912 (relating to subsequent
30 extension authorizations), the commission is hereby authorized
20070H1590B2342 - 151 -
1 and empowered to construct, reconstruct, widen, expand, extend,
2 operate and maintain further extensions and improvements of the
3 turnpike at such specific locations and according to such
4 schedules as shall be deemed feasible and which shall be
5 approved by the commission, subject to the waiver of the Federal
6 toll prohibition provisions where applicable, as follows:
7 construct from a point at or near Interstate Route 80
8 Interchange 23 at Milesburg southwesterly generally along U.S.
9 Route 220 to a connection with the existing U.S. Route 220
10 Expressway south of Bald Eagle.
11 § 8914. Further subsequent authorizations.
12 Upon completion of the turnpike extensions and improvements
13 set forth in sections 8911 (relating to improvement and
14 extension authorizations), 8912 (relating to subsequent
15 extension authorizations) and 8913 (relating to additional
16 subsequent extension authorizations), the commission is hereby
17 authorized and empowered to construct, reconstruct, widen,
18 expand, extend, operate and maintain further extensions and
19 improvements of the turnpike at such specific locations and
20 according to such schedules as shall be deemed feasible and
21 which shall be approved by the commission, subject to the waiver
22 of the Federal toll prohibition provisions where applicable, as
23 follows:
24 * * *
25 § 8915. Conversion to toll roads.
26 In order to facilitate vehicular traffic within and across
27 this Commonwealth, and [after] to facilitate the completion of
28 the turnpike extensions and improvements authorized in section
29 8911 (relating to improvement and extension authorizations), and
30 subject to prior legislative approval by the General Assembly
20070H1590B2342 - 152 -
1 and the United States Congress, the commission is hereby
2 authorized and empowered to convert to toll roads such portions
3 of Pennsylvania's interstate highway system as may [be required
4 in order to] facilitate the completion of the turnpike
5 extensions and improvements authorized in sections 8912
6 (relating to subsequent extension authorizations), 8913
7 (relating to additional subsequent extension authorizations) and
8 8914 (relating to further subsequent authorizations) and to
9 operate and maintain such converted interstates as toll roads
10 upon the approval by the Congress of the United States of
11 America and the General Assembly of this Commonwealth of
12 legislation expressly permitting the conversion of such
13 interstates to toll roads. Such conversions shall take place at
14 a time and manner set forth in the plan for the conversion
15 prepared by the commission with the cooperation of the
16 department. The provisions authorizing the commission to
17 construct, operate and maintain the turnpike routes in sections
18 8911, 8912 and 8913 shall be subject to:
19 * * *
20 Section 2.6. Title 75 is amended by adding sections to read:
21 § 8915.1. Conversion of Interstate 80.
22 In order to facilitate vehicular traffic across this
23 Commonwealth, the commission is authorized and empowered to do
24 all of the following:
25 (1) Construct, reconstruct, widen, expand, extend,
26 operate, maintain and maintain and operate Interstate 80 from
27 a point at or near the Ohio border to a point at or near the
28 New Jersey border, together with connecting roads,
29 interchanges, slip ramps, tunnels and bridges.
30 (2) Issue turnpike revenue bonds, notes or other
20070H1590B2342 - 153 -
1 obligations, payable solely from revenues of the commission,
2 including tolls, or from funds as may be available to the
3 commission for that purpose, to pay the cost of construction,
4 reconstructing, widening, expanding or extending or any other
5 costs of the Pennsylvania Turnpike.
6 (3) Convert to a toll road Interstate 80 and to operate
7 and maintain the converted interstate as a toll road.
8 § 8915.2. Application to United States Department of
9 Transportation.
10 (a) Application.--The commission, in consultation with the
11 department and at its own expense, is authorized to prepare and
12 submit an application to the United States Department of
13 Transportation in accordance with 23 U.S.C. § 129 (relating to
14 toll roads, bridges, tunnels, and ferries) for the conversion of
15 Interstate 80 to a toll road under the Interstate Reconstruction
16 and Rehabilitation Pilot Program or in accordance with any other
17 applicable Federal program or provision of law. The secretary
18 shall ensure that all information required for the application
19 is made available to the commission as soon as practicable after
20 the effective date of this section. If the application is
21 submitted pursuant to the Interstate Reconstruction and
22 Rehabilitation Pilot Program, it shall contain all of the
23 following:
24 (1) A consulting civil engineer's report assessing the
25 current physical conditions of the roadbed, pavement, bridges
26 and interchanges and projecting the costs to upgrade
27 Interstate 80, the costs for additional improvements and
28 implementation of the tolling facilities and existing funds
29 available for Interstate 80, absent tolling and concluding
30 that the facility would not be maintained or improved to meet
20070H1590B2342 - 154 -
1 current or future needs from the Commonwealth's
2 apportionments and allocations and from revenues for highways
3 from any other source without toll revenues.
4 (2) A traffic and revenue report completed by a third-
5 party consultant forecasting future traffic and revenue over
6 a minimum of 20 years.
7 (3) An environmental scoping analysis assessing the
8 fiscal impact, any air and water quality issues and the
9 involvement of local metropolitan planning organizations.
10 (4) A construction and operational plan for the
11 implementation of the Toll Pilot Program for Interstate 80
12 which:
13 (i) assumes completion no later than five years
14 after financing;
15 (ii) includes a plan for implementing the imposition
16 of tolls on use of Interstate 80, a schedule and finance
17 plan for the reconstruction and rehabilitation of
18 Interstate 80 using toll revenues and a description of
19 the public transportation agency that will be responsible
20 for implementation and administration of the toll pilot
21 program.
22 (5) A financial analysis demonstrating that tolling
23 Interstate 80 will produce sufficient revenue to pay debt
24 service on any bonds and loans incurred with respect to the
25 Toll Pilot Program.
26 (b) Open system.--A toll system shall consist of what is
27 commonly referred to as an open system.
28 § 8915.3. Lease of Interstate 80.
29 The department and the commission shall enter into a lease
30 agreement relating to Interstate 80. The lease agreement shall
20070H1590B2342 - 155 -
1 include provisions setting forth the terms and conditions of the
2 conversion of Interstate 80 to a toll road. The lease agreement,
3 at a minimum, shall include the following:
4 (1) A provision that the term of the lease agreement
5 shall be 50 years, unless extended upon mutual agreement of
6 the parties to the lease agreement.
7 (2) A provision establishing a conversion period and
8 authorizing extension of the conversion period at the sole
9 option of the commission for three one-year extension periods
10 after consultation with the secretary. The commission shall
11 notify the secretary of its intent to extend the conversion
12 period not less than 90 days before the scheduled expiration
13 of the conversion period. During the conversion period, all
14 legal, financial and operational responsibility for
15 Interstate 80 shall remain with the department. All
16 operations and programmed rehabilitation shall be maintained
17 at levels no less favorable than those set forth in the
18 department's 12-year plan at the time of the execution of the
19 lease, with modifications as are approved in writing by the
20 chairman of the commission.
21 (3) A provision permitting the commission to exercise
22 its option to convert Interstate 80 to a toll road prior to
23 the expiration of the conversion period by providing the
24 conversion notice to the secretary. Beginning on the
25 conversion date, all legal, financial and operational
26 responsibility for Interstate 80, as well as all toll
27 revenues collected with respect to its use, shall be
28 transferred from the department to the commission. The
29 commission shall contract with the department for any portion
30 of the maintenance of Interstate 80 at cost levels no less
20070H1590B2342 - 156 -
1 favorable than those of the department on the conversion
2 date.
3 (4) A provision requiring the commission to pay annual
4 base rent to the department during the term of the lease
5 agreement in the following manner and equal to the following
6 amounts:
7 (i) Annual debt service on outstanding bonds issued
8 under section 9511.2 (relating to special revenue bonds
9 payable solely from pledged revenues of Motor License
10 Fund) payable as required pursuant to bonds.
11 (ii) $200,000,000 payable annually in four equal
12 installments each due the first business day of each
13 July, October, January and April.
14 (5) A provision requiring the commission to pay annual
15 additional rent to the department as follows:
16 (i) During the conversion period and after the
17 conversion of Interstate 80 to a toll road, the annual
18 additional rent shall be equal to the scheduled annual
19 commission contribution, minus any amounts paid under
20 paragraph (4) less the proceeds of bonds allocable to the
21 fiscal year in question issued under section 9511.2 and
22 any Interstate 80 savings for that fiscal year as set
23 forth in the Auditor General's certificate.
24 (ii) If conversion notice is not received by the
25 secretary prior to the expiration of the conversion
26 period, the annual additional rent shall be equal to
27 $250,000,000.
28 The annual additional rent provided under this paragraph is
29 deemed to be equal to the fair market value of Interstate 80
30 and shall be payable in four equal installments due the first
20070H1590B2342 - 157 -
1 business day of each July, October, January and April of each
2 year during the term of the lease agreement.
3 (6) A provision requiring the commission to pay,
4 commencing on the conversion date, annual surplus rent to the
5 department equal to the general reserve fund surplus payable
6 for each fiscal year from the conversion date until the end
7 of the term of the lease agreement. The surplus rent shall be
8 payable by the commission within 30 days of receipt by the
9 commission of the Auditor General's certificate. If the
10 conversion period expires before the conversion date, no
11 annual surplus rent shall be payable.
12 (7) A provision stating that the obligation of the
13 commission to pay the annual base rent, the annual additional
14 rent and annual surplus rent shall be a subordinate
15 obligation of the commission payable from amounts in the
16 general reserve fund of the commission only as permitted by
17 any financing documents, financial covenants, liquidity
18 policies or agreements, swap agreements or rating agency
19 requirements in effect at the commission.
20 (8) A provision authorizing the department to receive
21 the annual base rent, annual additional rent and annual
22 surplus rent, and to deposit amounts so received as follows,
23 to the degree permitted by applicable Federal laws and
24 regulations:
25 (i) proceeds of bonds issued under section 9511.2
26 shall be spent consistent with sections 9511.4(h)
27 (relating to special revenue bonds and preliminary or
28 interim financing) and 9511.5 (relating to application of
29 proceeds of obligations, lien of holders of obligations,
30 design-build requirement and projects approved by the
20070H1590B2342 - 158 -
1 General Assembly);
2 (ii) be deposited in the Public Transportation Trust
3 Fund as follows:
4 (A) $250,000,000 for fiscal year 2007-2008;
5 (B) $300,000,000 for fiscal year 2008-2009;
6 (C) $350,000,000 for fiscal year 2009-2010; and
7 (D) $400,000,000 for fiscal year 2010-2011 and
8 increased by 2.5% for each fiscal year thereafter;
9 and
10 (iii) any balance received from the department shall
11 be deposited in the Motor License Fund. For any year in
12 which there are no bond proceeds under this paragraph,
13 $5,000,000 of the money deposited shall be for county
14 roads and bridges and $30,000,000 of the money deposited
15 shall be for municipal roads and bridges to be allocated
16 under the act of June 1, 1956 (1955 P.L.1944, No.655),
17 referred to the Liquid Fuels Tax Municipal Allocation
18 Law.
19 § 8915.4. Other interstate highways.
20 In order to facilitate vehicular traffic across this
21 Commonwealth and pursuant to the authority granted under this
22 chapter, the commission is hereby authorized and empowered to:
23 (1) at its own expense and in consultation with the
24 department, prepare a consulting civil engineer report and
25 financial analysis with respect to the feasibility of
26 converting Interstate 95 to a toll road and operating and
27 maintaining the converted interstate as a toll road, upon
28 approval of the General Assembly and the United States
29 Department of Transportation; and
30 (2) at its own expense, and in consultation with the
20070H1590B2342 - 159 -
1 department, prepare and submit an application to the United
2 States Department of Transportation for the conversion of
3 Interstate 95 to a toll road pursuant to any Federal program
4 for which it may be eligible.
5 Section 3. Section 8916 of Title 75 is amended to read:
6 § 8916. Turnpike system.
7 The turnpikes and the future toll road conversions authorized
8 by this chapter are hereby or shall be made part of the
9 Pennsylvania Turnpike System, as provided in the act of August
10 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania
11 Turnpike System Financing Act. A Public-Public Partnership of
12 the Pennsylvania Turnpike System is integral to solving
13 transportation problems referred to in 74 Pa.C.S. § 13A01
14 (relating to declaration of policy).
15 Section 4. Title 75 is amended by adding a section to read:
16 § 9501. Definitions.
17 The following words and terms when used in this chapter shall
18 have the meanings given to them in this section, unless the
19 context clearly indicates otherwise:
20 "Bond-related expenses." The term shall include all of the
21 following:
22 (1) Printing, publication or advertising expenses with
23 respect to the sale and issuance of bonds.
24 (2) Fees, expenses and costs of registrars.
25 (3) Fees, expenses and costs of attorneys, accountants,
26 feasibility consultants, computer programmers or other
27 experts employed to aid in the sale and issuance of the
28 bonds.
29 (4) Other costs, fees and expenses incurred or
30 reasonably related to the issuance and sale of the bonds.
20070H1590B2342 - 160 -
1 "Bond-related obligation." An agreement or contractual
2 relationship between the Pennsylvania Turnpike Commission and a
3 bank, trust company, insurance company, swap counterparty,
4 surety bonding company, pension fund or other financial
5 institution providing increased credit on or security for the
6 bonds or liquidity for secondary market transactions.
7 "Commission." The Pennsylvania Turnpike Commission or any
8 successor organization.
9 "Cost of the department."
10 (1) Any of the following, which shall be reimbursed or
11 paid out of the proceeds of the special revenue bonds, notes
12 or other obligations authorized under this chapter:
13 (i) The cost of constructing, reconstructing,
14 widening, expanding or extending the State highway and
15 rural State highway system and all connecting roads,
16 tunnels and bridges.
17 (ii) The cost of all lands, property rights, rights-
18 of-way, easements and franchises acquired, which are
19 deemed necessary or convenient for the construction,
20 reconstruction, widening, expanding or extending under
21 subparagraph (i).
22 (iii) The cost of all machinery and equipment,
23 financing charges, interest prior to and during
24 construction and for one year after completion of
25 construction.
26 (iv) The cost of traffic estimates and of
27 engineering and legal expenses, plans, specifications,
28 surveys, estimates of cost and of revenues, other
29 expenses necessary or incident to determining the
30 feasibility or practicability of the enterprise,
20070H1590B2342 - 161 -
1 administrative and legal expenses and other expenses as
2 may be necessary or incident to the financing authorized
3 under this chapter, the construction, reconstruction,
4 widening, expanding or extending of the State highway and
5 the rural State highway system and connecting roads,
6 tunnels and bridges, the placing of the same in operation
7 and the condemnation of property necessary for
8 construction and operation.
9 (v) Any obligation or expense contracted for by the
10 Department of Transportation or with the United States or
11 any agency of the United States, for traffic surveys,
12 preparation of plans and specifications, supervision of
13 construction, and other engineering, administrative and
14 legal services and expenses in connection with the
15 construction, reconstruction, widening, expanding or
16 extending of the State highway and the rural State
17 highway system or any of the connecting roads, tunnels
18 and bridges.
19 (2) Payment of any notes or other obligations if the
20 notes or other obligations were issued for the payment of a
21 cost.
22 "Design build arrangement." A procurement or project
23 delivery arrangement whereby a single entity, which may be a
24 single contractor or a consortium comprised of multiple
25 contractors, engineers and other subconsultants, is responsible
26 for both the design and construction of a transportation project
27 with a guaranteed completion date and guaranteed maximum price.
28 "Owner." The term shall include all individuals,
29 copartnerships, associations or corporations having any title or
30 interest in any property rights, easements or franchises
20070H1590B2342 - 162 -
1 authorized to be acquired by this chapter.
2 "Pledged revenues." Revenues of the Motor License Fund
3 pledged to the Pennsylvania Turnpike Commission under sections
4 9010 (relating to disposition and use of tax), 9511(i) (relating
5 to allocation of proceeds) and 9511.11 (relating to Motor
6 License Fund proceeds) and amounts payable by the commission
7 under section 8915.3(4)(i) (relating to lease of Interstate 80).
8 "Rural State Highway System." All roads and highways taken
9 over by the Commonwealth as State highways under the provisions
10 of the act of June 22, 1931 (P.L.594, No.203), referred to as
11 the Township State Highway Law and all other roads and highways
12 specifically designated by the Secretary of Transportation as
13 Rural State Highways.
14 "State highway." All roads and highways taken over by the
15 Commonwealth as State highways under the provisions of any
16 statute. Unless clearly intended, the term shall not include any
17 street in any city, borough or incorporated town, even though
18 the same may have been taken over as a State highway.
19 Section 5. Title 75 is amended by adding sections to read:
20 § 9511.2. Special revenue bonds payable solely from pledged
21 revenues of Motor License Fund.
22 (a) Payment source.--A special revenue bond, note or other
23 obligation issued under this chapter:
24 (1) shall not be deemed to be a debt or liability of the
25 Commonwealth;
26 (2) shall not create or constitute any indebtedness,
27 liability or obligation of the Commonwealth; and
28 (3) shall be payable solely from revenues of the Motor
29 License Fund pledged to the commission for that purpose in
30 combination with amounts transferred under section
20070H1590B2342 - 163 -
1 8915.3(4)(i) (relating to lease of Interstate 80).
2 (b) Statement.--A special revenue bond, note or other
3 obligation issued under this chapter must contain a statement on
4 its face that:
5 (1) the Commonwealth is not obligated to pay the bond,
6 note or obligation or the interest on it except from revenues
7 of the Motor License Fund pledged for that purpose in
8 combination with amounts transferred under section
9 8915.3(4)(i); and
10 (2) neither the faith and credit nor the taxing power of
11 the Commonwealth is pledged to the payment of the principal
12 or interest of the bond, note or obligation.
13 (c) Taxation.--The issuance of a special revenue bond, note
14 or other obligation under this chapter shall not directly,
15 indirectly or contingently obligate the Commonwealth to levy a
16 tax or to make an appropriation for payment.
17 § 9511.3. Expenses.
18 (a) Reimbursement.--The commission shall be reimbursed for
19 the necessary expenses incurred in the performance of the duties
20 performed under the provisions of this chapter.
21 (b) Source.--All expenses incurred in carrying out the
22 provisions of this chapter shall be paid solely from funds
23 provided under the authority of this chapter, and sufficient
24 funds shall be provided under the authority of this chapter to
25 meet any liability or obligation incurred in carrying out the
26 provisions of this chapter.
27 § 9511.4. Special revenue bonds and preliminary or interim
28 financing.
29 (a) Authorization.--The commission is authorized to provide,
30 by resolution, for the issuance of special revenue bonds of the
20070H1590B2342 - 164 -
1 commission up to an amount not exceeding $4,000,000,000 for the
2 purpose of paying the cost of the department and bond-related
3 expenses. The resolution must recite an estimate of the cost of
4 the department. No more than $600,000,000 of special revenue
5 bonds may be issued in any calendar year. No bond may be issued
6 under this section unless the lease agreement authorized under
7 section 8915.3 (relating to lease of Interstate 80) is in effect
8 as of the date of issuance. Special revenue refunding bonds as
9 set forth in section 9511.9 (relating to special revenue
10 refunding bonds) shall not be deemed to count against the total
11 or annual maximum issuance volume. The principal and interest of
12 the bond shall be payable solely from revenues of the Motor
13 License Fund pledged for that purpose to the commission in
14 combination with the amounts transferred under section
15 8915.3(4)(i).
16 (b) Form.--
17 (1) A bond may be issued in registered form.
18 (2) A bond:
19 (i) must be dated;
20 (ii) must bear interest at a rate not exceeding the
21 rate permitted under applicable law;
22 (iii) must be payable semiannually;
23 (iv) must mature, as determined by the commission,
24 not exceeding 40 years from the date of the bond; and
25 (v) may be made redeemable before maturity, at the
26 option of the commission, at a price and under terms and
27 conditions fixed by the commission prior to the issuance
28 of the bonds.
29 (3) The amount of premium on a bond shall not cause the
30 yield to be more than permitted by applicable law from the
20070H1590B2342 - 165 -
1 date of the bond to the date of redemption.
2 (c) Issuance.--
3 (1) The bond may be issued in registered form. The
4 commission may sell a bond in registered form at public or
5 private sale and for a price it determines to be in the best
6 interest of the Commonwealth, but no sale shall be made at a
7 price so low as to require the payment of interest on the
8 money received for the bond at more than the rate permitted
9 by applicable law, computed with relation to the absolute
10 maturity of the bond in accordance with standard tables of
11 bond values.
12 (2) A bond may be issued at public or private sale in
13 series with varying provisions as to all of the following:
14 (i) Rates of interest, which may be fixed or
15 variable.
16 (ii) Maturity.
17 (iii) Other provisions not inconsistent with this
18 chapter.
19 (d) Revenue share.--All bonds, of whatever series, shall
20 share ratably in the revenues pledged under this chapter as
21 security for the bonds, although one series of bonds may have a
22 lien on pledged revenues senior to the lien of another series of
23 bonds.
24 (e) Payment.--
25 (1) The principal and interest of the bonds may be made
26 payable in any lawful medium.
27 (2) The commission shall:
28 (i) determine the form of bonds; and
29 (ii) fix:
30 (A) the denomination of the bond; and
20070H1590B2342 - 166 -
1 (B) the place of payment of principal and
2 interest of the bond, which may be at any bank or
3 trust company within or without this Commonwealth.
4 (f) Signature.--The bond must bear the facsimile signature
5 of the Governor and of the chairman of the commission. The
6 facsimile of the official seal of the commission shall be
7 affixed to the bond and attested by the secretary and treasurer
8 of the commission. If an officer whose signature or facsimile of
9 a signature appears on a bond ceases to be an officer before the
10 delivery of the bond, the signature or facsimile shall
11 nevertheless be valid and sufficient for all purposes, as if the
12 officer remained in office until delivery.
13 (g) Negotiability.--A special revenue bond issued under this
14 chapter shall have all the qualities and incidents of a
15 negotiable instrument under 13 Pa.C.S. Div. 3 (relating to
16 negotiable instruments).
17 (h) Proceeds.--
18 (1) The proceeds of a bond shall be used solely for the
19 following:
20 (i) Payment of the cost of the department.
21 (ii) Bond-related expenses.
22 (iii) $5,000,000 in the aggregate of the proceeds of
23 bonds issued in any fiscal year, other than a refunding
24 issue, shall be used for county roads and bridges and
25 $30,000,000 of the proceeds in the aggregate of the bonds
26 issued in any fiscal year, other than a refunding issue,
27 shall be used for local roads and bridges to be allocated
28 under the act of June 1, 1956 (1955 P.L.1944, No.655),
29 referred to as the Liquid Fuels Tax Municipal Allocation
30 Law.
20070H1590B2342 - 167 -
1 (2) The proceeds of a bond shall be disbursed upon
2 requisition of the secretary under restrictions set forth in
3 the resolution authorizing the issuance of the bond or the
4 trust indenture under section 9511.6 (relating to trust
5 indenture, protection of holders of obligations and
6 depositories).
7 (3) If the proceeds of a bond, by error of calculation
8 or otherwise, shall be less than the cost of the department,
9 additional bonds may be issued to provide the amount of the
10 deficit and, unless otherwise provided in the resolution
11 authorizing the issuance of the bonds or in the trust
12 indenture, shall be deemed to be of the same issue and shall
13 be entitled to payment from the same fund, without preference
14 or priority of the bonds first issued.
15 (i) Temporary bonds.--Prior to the preparation of definitive
16 bonds, the commission may, under similar restrictions as those
17 applicable to the definitive bonds, issue temporary bonds,
18 exchangeable for definitive bonds upon the issuance of
19 definitive bonds.
20 (j) Replacement bonds.--The commission may provide for the
21 replacement of a bond which becomes mutilated or is destroyed or
22 lost. A replacement revenue bond may be issued without any other
23 proceedings or the happening of any other condition than those
24 proceedings and conditions required by this chapter.
25 (k) Status as securities.--
26 (1) A bond is made a security in which any of the
27 following may properly and legally invest funds, including
28 capital, belonging to them or within their control:
29 (i) Commonwealth and municipal officers.
30 (ii) Commonwealth agencies.
20070H1590B2342 - 168 -
1 (iii) Banks, bankers, savings banks, trust
2 companies, saving and loan associations, investment
3 companies and other persons carrying on a banking
4 business.
5 (iv) Insurance companies, insurance associations and
6 other persons carrying on an insurance business.
7 (v) Fiduciaries.
8 (vi) Other persons that are authorized to invest in
9 bonds or other obligations of the Commonwealth.
10 (2) A bond is made a security which may properly and
11 legally be deposited with and received by a Commonwealth or
12 municipal officer or a Commonwealth agency for any purpose
13 for which the deposit of bonds or other obligations of the
14 Commonwealth is authorized by law.
15 (l) Borrowing.--The following shall apply:
16 (1) The commission is authorized to do all of the
17 following:
18 (i) Borrow money at an interest rate not exceeding
19 the rate permitted by law.
20 (ii) Provide for preliminary or interim financing,
21 up to but not exceeding the estimated total cost of the
22 department and bond-related expenses and to evidence the
23 borrowing by the issuance of special revenue notes and,
24 in its discretion, to pledge as collateral for the note
25 or other obligation, a special revenue bond issued under
26 the provisions of this chapter. The commission may renew
27 the note or obligation and the payment or retirement of
28 the note or obligation shall be considered to be payment
29 of the cost of the project.
30 (2) A note or obligation issued under this subsection
20070H1590B2342 - 169 -
1 must comply with the following:
2 (i) Be executed by the same persons in the same
3 manner and with the same effect as provided in this
4 section for the execution of a special revenue bond.
5 (ii) Contain a statement on its face that:
6 (A) the Commonwealth is not obligated to pay the
7 note or obligation or interest on it, except from
8 pledged revenues of the Motor License Fund; and
9 (B) neither the faith and credit nor the taxing
10 power of the Commonwealth is pledged to the payment
11 of its principal or interest.
12 (3) The issuance of a special revenue note or other
13 obligation under this chapter shall not directly or
14 indirectly or contingently obligate the Commonwealth to levy
15 a tax or make an appropriation for payment.
16 (4) A note or other obligation issued under this
17 subsection shall have all the qualities and incidents of a
18 negotiable instrument under 13 Pa.C.S. (relating to
19 commercial code).
20 § 9511.5. Application of proceeds of obligations, lien of
21 holders of obligations, design-build requirement and
22 projects approved by General Assembly.
23 (a) Application.--The following shall apply:
24 (1) All money received from any bonds, notes or other
25 obligations issued under this chapter shall be applied solely
26 to the payment of the cost of the department or to the
27 appurtenant fund.
28 (2) Until money received from any bonds, notes or other
29 obligations issued under this chapter is applied under
30 paragraph (1), a lien shall exist upon the money in favor of
20070H1590B2342 - 170 -
1 holders of the bonds, notes or other obligations or a trustee
2 provided for in respect to the bonds, notes or other
3 obligations.
4 (b) Design-build arrangements.--To facilitate the timely
5 completion of projects to be financed by the department with
6 bond proceeds, the department shall be required to utilize
7 design-build arrangements for each project estimated by the
8 department to have a value in excess of $100,000,000. The
9 selection of the party for the design-build arrangement must be
10 conducted in a manner consistent with the procurement and public
11 bidding laws applicable to the department.
12 (c) Capital plan.--All projects financed by the department
13 with bond proceeds must be set forth in the department's capital
14 plan current at the time of the financing and budget which
15 capital plan and budget shall be submitted to the General
16 Assembly on or before March 31 of each year commencing March 31,
17 2008.
18 (d) Investment.--Pending the application of proceeds to
19 costs of the department and bond-related expenses, the
20 commission may invest the funds in permitted investments as
21 defined under any trust indenture if the investment is not
22 inconsistent with existing fiduciary obligations of the
23 commission.
24 § 9511.6. Trust indenture, protection of holders of obligations
25 and depositories.
26 (a) Indenture.--In the discretion of the commission, a bond,
27 note or other obligation may be secured by a trust indenture by
28 and between the commission and a corporate trustee, which may be
29 any trust company or bank having the powers of a trust company,
30 within or without this Commonwealth.
20070H1590B2342 - 171 -
1 (b) Pledge or assignment.--A trust indenture under
2 subsection (a) may pledge or assign revenue to be received, but
3 shall not convey or mortgage the turnpike or any part of the
4 turnpike.
5 (c) Rights and remedies.--The resolution providing for the
6 issuance of the bond, note or other obligation of the trust
7 indenture may contain provisions for protecting and enforcing
8 the rights and remedies of the bondholders or holders of notes
9 or other obligations as may be reasonable and proper and not in
10 violation of law, including covenants setting forth the duties
11 of the department in relation to the acquisition of properties,
12 the construction, maintenance, operation, repair and insurance
13 of the State highway and rural State highway system and the
14 custody, safeguarding and application of all money.
15 (d) Depository.--It shall be lawful for any bank or trust
16 company incorporated under the laws of this Commonwealth to act
17 as depository of the proceeds of the bond, note or other
18 obligation or revenue, to furnish indemnity bonds or to pledge
19 securities as may be required by the commission.
20 (e) Indenture.--The trust indenture may set forth the rights
21 and remedies of the bondholders or holders of notes or other
22 obligations and of the trustee and may restrict the individual
23 right of action of bondholders or holders of notes or other
24 obligations as is customary in trust indentures securing bonds,
25 debentures of corporations, notes or other obligations. The
26 trust indenture may contain other provisions as the commission
27 may deem reasonable and proper for the security of bondholders
28 or holders of notes or other obligations.
29 § 9511.7. Exemption from Commonwealth taxation.
30 The effectuation of the purposes of this chapter is for the
20070H1590B2342 - 172 -
1 benefit of the citizens of the Commonwealth and for the
2 improvement of their commerce and prosperity. Since the
3 commission will be performing essential government functions in
4 effectuating these purposes, the commission shall not be
5 required to pay any tax or assessment on any property acquired
6 or used by it for the purposes provided under this chapter. A
7 bond, note or other obligation issued by the commission, its
8 transfer and the income from its issuance and transfer,
9 including any profits made on the sale of the bond, note or
10 other obligation, shall be free from taxation within the
11 Commonwealth.
12 § 9511.8. Pledged revenues, contracts for use of turnpike,
13 sinking fund and purchase or redemption of
14 obligations.
15 (a) Authorization.--The commission is authorized to collect
16 the pledged revenues. The pledged revenues shall be fixed and
17 adjusted as to provide funds at least sufficient to pay the
18 bonds, notes or other obligations and the interest on the bonds,
19 notes or other obligations. All sinking fund requirements and
20 other requirements provided by the resolution authorizing the
21 issuance of the bonds, notes or other obligations, or by the
22 trust indenture, shall be fixed and adjusted as the bonds, notes
23 or other obligations become due.
24 (b) Supervision.--The pledged revenues shall not be subject
25 to supervision or regulation by any Commonwealth agency other
26 than the commission.
27 (c) Set aside.--Except for the portion of the pledged
28 revenues required to provide reserves as set forth in the
29 resolution authorizing the issuance of the bonds, notes or other
30 obligations or in the trust indenture, pledged revenues, to the
20070H1590B2342 - 173 -
1 degree amounts transferred under section 8915.3(4)(i)(relating
2 to lease of Interstate 80) are not sufficient, shall be set
3 aside at regular intervals as may be provided in the resolution
4 or trust indenture, in one or more accounts, which are pledged
5 to and charged with the payment of all of the following:
6 (1) The interest upon a bond, note or other obligation,
7 as it shall become due and payable.
8 (2) The principal of a bond, note or other obligation,
9 as it shall become due and payable.
10 (3) The necessary fiscal agency charges for paying
11 principal and interest.
12 (4) A premium upon a bond retired by call or purchase.
13 (d) Sinking fund.--The use and disposition of the sinking
14 fund shall be subject to regulations as may be provided in the
15 resolution authorizing the issuance of bonds, notes or other
16 obligations or in the trust indenture, but, except as may
17 otherwise be provided in the resolution or trust indenture, the
18 sinking fund shall be a fund for the benefit of all bonds, notes
19 or other obligations issued under this chapter, without
20 distinction or priority of one over another.
21 (e) Application of money.--Subject to the provisions of the
22 resolutions authorizing the issuance of bonds, notes or other
23 obligations or of the trust indenture, any money in the sinking
24 fund in excess of an amount equal to one year's interest on all
25 bonds, notes or other obligations then outstanding may be
26 applied to the purchase or redemption of bonds, notes or other
27 obligations. All bonds, notes or other obligations purchased or
28 redeemed under this subsection shall be canceled and shall not
29 again be issued.
30 § 9511.9. Special revenue refunding bonds.
20070H1590B2342 - 174 -
1 The commission is authorized to provide, by resolution, for
2 the issuance of special revenue refunding bonds of the
3 commission for the purpose of refunding any special revenue
4 bonds, notes or other obligations issued under the provisions of
5 this chapter and then outstanding. The issuance of the special
6 revenue refunding bonds, the maturities and other details of the
7 bonds, the rights of the holders of the bonds and the duties of
8 the department and of the commission with respect to the bonds
9 shall be governed by the provisions of this chapter.
10 § 9511.10. Remedies of trustees and of holders of obligations.
11 (a) Grant of rights.--A holder of a bond, note or other
12 obligation issued under this chapter and the trustee under the
13 trust indenture may, either at law or in equity, by suit,
14 action, mandamus or other proceeding, do all of the following:
15 (1) Protect and enforce any right granted under this
16 chapter or under the resolution or trust indenture.
17 (2) Enforce and compel performance of all duties
18 required under this chapter or by resolution or trust
19 indenture to be performed by the commission or any officer of
20 its officers, including the collection of the pledged
21 reserves or amounts transferred under section 8915.3(4)(i)
22 (relating to lease of Interstate 80).
23 (b) Exception.--Rights given under this chapter may be
24 restricted by resolution passed before the issuance of the
25 bonds, notes or other obligations, or by the trust indenture.
26 § 9511.11. Motor License Fund proceeds.
27 The balance of the proceeds deposited in the Motor License
28 Fund under section 20 of the act of April 17, 1997 (P.L.6,
29 No.3), entitled, "An act amending Titles 74 (Transportation) and
30 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further
20070H1590B2342 - 175 -
1 providing for annual appropriation and computation of subsidy
2 and for distribution of funding; providing for distribution of
3 supplemental funding; further providing for use of funds
4 distributed; providing for public transportation grants
5 management accountability, for competitive procurement and for
6 the Public Transportation Assistance Fund; further providing for
7 period of registration, for duties of agents, for registration
8 and other fees, for requirements for periodic inspection of
9 vehicles, for limits on number of towed vehicles, for operation
10 of certain combinations on interstate and other highways and for
11 width and length of vehicles; providing for liquid fuels and
12 fuels permits and bond or deposit of securities, for imposition
13 of liquid fuels and fuels tax, for taxpayer, for distributor's
14 report and payment of tax, for determination of tax, penalties
15 and interest, for examination of records and equipment, for
16 retention of records by distributors and dealers, for
17 disposition and use of tax, for discontinuance or transfer of
18 business, for suspension or revocation of permits, for lien of
19 taxes, penalties and interest, for collection of unpaid taxes,
20 for reports from common carriers, for violations and reward for
21 detection of violations, for refunds, for diesel fuel importers
22 and transporters, for prohibiting use of dyed diesel fuel, for
23 disposition of fees, fines and forfeitures, for certified copies
24 of records and for uncollectible checks; further providing for
25 distribution of State highway maintenance funds and for
26 standards and methodology for data collection; providing for
27 dirt and gravel road maintenance; further providing for
28 imposition of tax and additional tax; providing for tax on
29 alternative fuels; further providing for disposition of tax
30 revenue; making an appropriation; and making repeals," is
20070H1590B2342 - 176 -
1 pledged to secure bonds issued by the commission. The proceeds
2 may be pledged to secure bonds to be issued by the commission on
3 behalf of the department for the construction, reconstruction,
4 widening, expansion, extension, maintenance and repair of and
5 safety on bridges and costs and expenses incident to those tasks
6 and fees and expenses of the commission related to the issuance
7 of the bonds, including bond-related expenses. Each month, the
8 State Treasurer shall transfer amounts as are necessary, in
9 combination with amounts transferred under sections
10 8915.3(4)(i)(relating to lease of Interstate 80) and 9511
11 (relating to allocation of proceeds) to satisfy the provisions
12 of the bond indenture relating to bonds issued under this
13 section and those amounts are authorized to be appropriated.
14 § 9511.12. Supplement to other laws and liberal construction.
15 This chapter shall be regarded as supplemental and additional
16 to powers conferred by other statutes and shall not be regarded
17 as in derogation of any powers existing on the effective date of
18 this section. The provisions of this chapter, being necessary
19 for the welfare of the Commonwealth and its citizens shall be
20 liberally construed to effect the purposes of this chapter.
21 Section 6. (a) Financial assistance made by the Department
22 of Transportation to an award recipient under 74 Pa.C.S. Ch. 13
23 prior to the effective date of this section may continue to be
24 used by award recipients for operating or capital expenses upon
25 the same terms and conditions as are contained in the notice of
26 grant award or grant agreement executed in connection with the
27 award, if the funds are expended within five years following the
28 effective date of this section.
29 (b) The Department of Transportation may continue to use all
30 funds appropriated or otherwise made available to it for public
20070H1590B2342 - 177 -
1 transportation purposes prior to the effective date of this
2 section in accordance with the laws under which the funds were
3 made available.
4 Section 7. The following shall apply:
5 (1) The General Assembly declares that the repeal under
6 paragraph (2) is necessary to effectuate the addition of 74
7 Pa.C.S. Ch. 81.
8 (2) The act of September 30, 1985 (P.L.240, No.61),
9 known as the Turnpike Organization, Extension and Toll Road
10 Conversion Act is repealed.
11 (3) Section 207.1(c)(2) of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929,
13 is repealed insofar as it is inconsistent with the addition
14 of 74 Pa.C.S. § 8105.
15 (4) Sections 2301(a) and (b) of the act of March 4, 1971
16 (P.L.6, No.2), known as the Tax Reform Code of 1971, insofar
17 as they relate to the establishment and existence of the
18 Public Transportation Assistance Fund are repealed.
19 (5) All other acts and parts of acts are repealed
20 insofar as they are inconsistent with this act.
21 Section 8. The addition of 74 Pa.C.S. Ch. 81 is a
22 continuation of the act of September 30, 1985 (P.L.240, No.61),
23 known as the Turnpike Organization, Extension and Toll Road
24 Conversion Act. The following shall apply:
25 (1) Except as otherwise provided under 74 Pa.C.S. Ch.
26 81, all activities initiated under the Turnpike Organization,
27 Extension and Toll Road Conversion Act shall continue and
28 remain in full force and effect and may be completed under 74
29 Pa.C.S. Ch. 81. Orders, regulations, rules and decisions
30 which were made under the Turnpike Organization, Extension
20070H1590B2342 - 178 -
1 and Toll Road Conversion Act and which are in effect on the
2 effective date of section 7(2) of this act shall remain in
3 full force and effect until revoked, vacated or modified
4 under 74 Pa.C.S. Ch. 81. Contracts, obligations and
5 collective bargaining agreements entered into under the
6 Turnpike Organization, Extension and Toll Road Conversion Act
7 are not affected nor impaired by the repeal of the Turnpike
8 Organization, Extension and Toll Road Conversion Act.
9 (2) Except as set forth in paragraph (3), any difference
10 in language between 74 Pa.C.S. Ch. 81 and the Turnpike
11 Organization, Extension and Toll Road Conversion Act is
12 intended only to conform to the style of the Pennsylvania
13 Consolidated Statutes and is not intended to change or affect
14 the legislative intent, judicial construction or
15 administration and implementation of the Turnpike
16 Organization, Extension and Toll Road Conversion Act.
17 (3) Paragraph (2) does not apply to the addition of 74
18 Pa.C.S. § 8105.
19 Section 9. This act shall take effect as follows:
20 (1) The following provisions shall take effect
21 immediately:
22 (i) The addition of 74 Pa.C.S. § 8105.
23 (ii) Section 7(3) of this act.
24 (iii) This section.
25 (2) The remainder of this act shall take effect in 60
26 days.
27 SECTION 3. TITLE 74 IS AMENDED BY ADDING A CHAPTER CHAPTERS <--
28 TO READ:
29 CHAPTER 15
30 SUSTAINABLE MOBILITY OPTIONS
20070H1590B2342 - 179 -
1 SEC.
2 1501. SCOPE OF CHAPTER.
3 1502. (RESERVED).
4 1503. DEFINITIONS.
5 1504. DEPARTMENT AUTHORIZATION.
6 1505. REGULATIONS.
7 1506. FUND.
8 1507. APPLICATION AND APPROVAL PROCESS.
9 1508. FEDERAL FUNDING.
10 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF
11 DEPARTMENT.
12 1510. PROGRAM OVERSIGHT AND ADMINISTRATION.
13 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY.
14 1512. COORDINATION.
15 1513. OPERATING PROGRAM.
16 1514. ASSET IMPROVEMENT PROGRAM.
17 1515. NEW INITIATIVES PROGRAM.
18 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE.
19 1517. CAPITAL IMPROVEMENTS PROGRAM.
20 1518. PROGRAM OVERSIGHT AND ADMINISTRATION.
21 1519. RETROACTIVE AUTHORITY.
22 1520. EVALUATION OF PRIVATE INVESTMENT OPPORTUNITIES. <--
23 § 1501. SCOPE OF CHAPTER.
24 THIS CHAPTER RELATES TO SUSTAINABLE MOBILITY OPTIONS.
25 § 1502. (RESERVED).
26 § 1503. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 "ACCESS TO JOBS PROJECT." A PROJECT RELATING TO THE
20070H1590B2342 - 180 -
1 DEVELOPMENT AND MAINTENANCE OF TRANSPORTATION SERVICES DESIGNED
2 TO TRANSPORT WELFARE RECIPIENTS AND ELIGIBLE LOW-INCOME
3 INDIVIDUALS TO AND FROM JOBS AND ACTIVITIES RELATED TO THEIR
4 EMPLOYMENT AS DEFINED UNDER 49 U.S.C. § 5316 (RELATING TO JOB
5 ACCESS AND REVERSE COMMUTE FORMULA GRANTS).
6 "AMERICANS WITH DISABILITIES ACT." THE AMERICANS WITH
7 DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327).
8 "ASSET MAINTENANCE COSTS." ALL VEHICLE MAINTENANCE EXPENSES,
9 NONVEHICLE MAINTENANCE AND MATERIALS EXPENSES AND THE COST OF
10 SUPPLIES USED IN THE OPERATION OF LOCAL TRANSPORTATION
11 ORGANIZATIONS AND TRANSPORTATION COMPANIES.
12 "AWARD RECIPIENT." A RECIPIENT OF FINANCIAL ASSISTANCE UNDER
13 THIS CHAPTER.
14 "BASE OPERATING ALLOCATION." THE TOTAL AMOUNT OF STATE
15 OPERATING ASSISTANCE, REIMBURSEMENT IN LIEU OF FARES FOR SENIOR
16 PASSENGERS AND OTHER ASSISTANCE WHICH WAS USED FOR OPERATING
17 ASSISTANCE AS DETERMINED BY THE DEPARTMENT IN FISCAL YEAR 2005-
18 2006.
19 "CAPITAL EXPENDITURES." ALL COSTS OF CAPITAL PROJECTS,
20 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ACQUISITION,
21 CONSTRUCTION, INSTALLATION, START-UP OF OPERATIONS, IMPROVEMENTS
22 AND ALL WORK AND MATERIALS INCIDENT THERETO.
23 "CAPITAL PROJECT." A SYSTEM OR COMPONENT OF THE A SYSTEM FOR <--
24 THE PROVISION OF PUBLIC PASSENGER TRANSPORTATION. THE TERM
25 INCLUDES VEHICLES; INFRASTRUCTURE POWER; PASSENGER AMENITIES;
26 STORAGE AND MAINTENANCE BUILDINGS; PARKING FACILITIES; THE LAND
27 ON WHICH ANY CAPITAL PROJECT IS SITUATED AND THE LAND NEEDED TO
28 SUPPORT IT, WHETHER OWNED IN WHOLE OR IN PART; OVERHAUL OF
29 VEHICLES; DEBT SERVICE AND THE COST OF ISSUANCE OF BONDS, NOTES
30 AND OTHER EVIDENCES OF INDEBTEDNESS WHICH A LOCAL TRANSPORTATION
20070H1590B2342 - 181 -
1 ORGANIZATION OR TRANSPORTATION COMPANY IS PERMITTED TO ISSUE
2 UNDER ANY LAW OF THIS COMMONWEALTH.
3 "COMMONWEALTH CAPITAL BONDS." EVIDENCE OF DEBT INCURRED BY
4 THE COMMONWEALTH UNDER THE ACT OF FEBRUARY 9, 1999 (P.L.1,
5 NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING ACT.
6 "COMMUNITY TRANSPORTATION SERVICE" OR "SHARED RIDE SERVICE."
7 DOOR-TO-DOOR DEMAND TRANSPORTATION THAT IS AVAILABLE TO THE
8 GENERAL PUBLIC ON A NONEXCLUSIVE BASIS, OPERATES ON A NONFIXED
9 ROUTE BASIS AND CHARGES A FARE TO ALL RIDERS. THE TERM DOES NOT
10 INCLUDE EXCLUSIVE RIDE TAXI SERVICE, CHARTER AND SIGHTSEEING
11 SERVICE, NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE
12 SERVICE.
13 "COMMUNITY TRANSPORTATION SYSTEM." A PERSON THAT PROVIDES
14 COMMUNITY TRANSPORTATION SERVICE AND CONTRACTS WITH THE
15 DEPARTMENT OF TRANSPORTATION TO RECEIVE REVENUE REPLACEMENT
16 FUNDS.
17 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
18 COMMONWEALTH.
19 "FINANCIAL ASSISTANCE." GRANTS OR OTHER TYPES OF FINANCIAL
20 SUPPORT PROVIDED BY THE DEPARTMENT OF TRANSPORTATION UNDER THIS
21 CHAPTER.
22 "FIXED GUIDEWAY SYSTEM." A FIXED-ROUTE PUBLIC TRANSPORTATION
23 SERVICE THAT USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL
24 LINE FOR THE EXCLUSIVE USE OF PUBLIC TRANSPORTATION AND OTHER
25 HIGH OCCUPANCY VEHICLES OR USES A FIXED CATENARY SYSTEM AND A
26 RIGHT-OF-WAY USABLE BY OTHER FORMS OF TRANSPORTATION. THE TERM
27 INCLUDES LIGHT RAIL, COMMUTER RAIL, AUTOMATED GUIDEWAY TRANSIT,
28 PEOPLE MOVERS, FERRY BOAT SERVICE AND FIXED GUIDEWAY FACILITIES
29 FOR BUSES SUCH AS BUS RAPID TRANSIT AND HIGH OCCUPANCY VEHICLES.
30 "FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE." REGULARLY
20070H1590B2342 - 182 -
1 SCHEDULED GENERAL PUBLIC TRANSPORTATION THAT IS PROVIDED
2 ACCORDING TO PUBLISHED SCHEDULES ALONG DESIGNATED ROUTES, WITH
3 SPECIFIED STOPPING POINTS FOR THE TAKING ON AND DISCHARGING OF
4 PASSENGERS, INCLUDING PUBLIC BUS AND COMMUTER RAIL SYSTEMS AND
5 OTHER DEPARTMENT-APPROVED SERVICE. THE TERM DOES NOT INCLUDE
6 EXCLUSIVE RIDE TAXI SERVICE, CHARTER OR SIGHTSEEING SERVICE,
7 NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE SERVICE.
8 "FUND." THE PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED
9 UNDER SECTION 1506 (RELATING TO FUND).
10 "INTERCITY BUS SERVICE." PASSENGER BUS SERVICE OF 35 MILES
11 OR MORE IN LENGTH THAT IS PROVIDED WITH AN OVER-THE-ROAD BUS AND
12 OPERATED BETWEEN TWO NONCONTIGUOUS URBANIZED AREAS, BETWEEN AN
13 URBANIZED AREA LOCATED IN ONE COUNTY AND RURAL COMMUNITIES
14 LOCATED IN ANOTHER COUNTY OR BETWEEN RURAL COMMUNITIES LOCATED
15 IN DIFFERENT COUNTIES AND CONTAINS ALL OF THE FOLLOWING
16 ELEMENTS:
17 (1) SERVICE THAT IS OPERATED FOR A FARE ON A REGULARLY
18 SCHEDULED FIXED-ROUTE BASIS.
19 (2) SERVICE THAT IS OFFERED TO AND UTILIZED BY THE
20 GENERAL PUBLIC WITHOUT PRECONDITIONS OF ADVANCE RESERVATION
21 OR MEMBERSHIP IN A PARTICULAR ORGANIZATION.
22 "INTERCITY PASSENGER RAIL SERVICE." PASSENGER RAILROAD
23 SERVICE THAT CONNECTS TWO OR MORE URBANIZED AREAS AND IS
24 DETERMINED BY THE DEPARTMENT OF TRANSPORTATION TO QUALIFY AS
25 INTERCITY SERVICE RATHER THAN COMMUTER RAIL SERVICE.
26 "JOB ACCESS AND REVERSE COMMUTE PROJECT." A PROJECT FUNDED
27 BY THE FEDERAL TRANSIT ADMINISTRATION UNDER FEDERAL LAW.
28 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING:
29 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION
30 PORT AUTHORITY, PORT AUTHORITY OR REDEVELOPMENT AUTHORITY, <--
20070H1590B2342 - 183 -
1 ORGANIZED UNDER THE LAWS OF THIS COMMONWEALTH OR PURSUANT TO
2 AN INTERSTATE COMPACT OR OTHERWISE EMPOWERED TO RENDER,
3 CONTRACT FOR THE RENDERING OR ASSIST IN THE RENDERING OF
4 TRANSPORTATION SERVICE IN A LIMITED AREA IN THIS
5 COMMONWEALTH, EVEN THOUGH IT MAY ALSO RENDER OR ASSIST IN
6 RENDERING TRANSPORTATION SERVICE IN ADJACENT STATES.
7 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY
8 PROVIDES PUBLIC TRANSPORTATION SERVICE.
9 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION
10 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH.
11 "MATERIALS AND SUPPLIES." THOSE CATEGORIES OF EXPENSES AS
12 SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS EXPENSE OBJECT CLASS
13 504, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM F 30,
14 NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT
15 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR.
16 "NEW FIXED GUIDEWAY SYSTEM." A NEWLY CONSTRUCTED FIXED
17 GUIDEWAY SYSTEM IN A CORRIDOR OR ALIGNMENT WHERE NO SUCH SYSTEM
18 PREVIOUSLY EXISTED.
19 "NEW FREEDOM PROGRAM." A PUBLIC TRANSPORTATION PROGRAM
20 DESIGNED TO PROVIDE FUNDS TO RECIPIENTS FOR NEW PUBLIC
21 TRANSPORTATION SERVICES AND PUBLIC TRANSPORTATION ALTERNATIVES
22 BEYOND THOSE REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF
23 1990 (PUBLIC LAW 101-336, 104 STAT. 327) THAT ASSIST INDIVIDUALS
24 WITH DISABILITIES WITH TRANSPORTATION, INCLUDING TRANSPORTATION
25 TO AND FROM JOBS AND EMPLOYMENT SUPPORT SERVICES ADMINISTERED
26 UNDER THE PROVISIONS OF 49 U.S.C. § 5317 (RELATING TO NEW
27 FREEDOM PROGRAM).
28 "NEW START." THE TERM SHALL HAVE THE SAME MEANING GIVEN IT
29 IN 49 CFR § 611.5 (RELATING TO DEFINITIONS).
30 "NONURBANIZED AREA." AN AREA WITHIN THIS COMMONWEALTH THAT
20070H1590B2342 - 184 -
1 DOES NOT FALL WITHIN AN AREA CLASSIFIED AS "URBANIZED" BY THE
2 UNITED STATES BUREAU OF THE CENSUS OF THE UNITED STATES
3 DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS OF POPULATION.
4 "NONVEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS
5 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF
6 ASSETS, OTHER THAN VEHICLES, AS SPECIFIED IN UNIFORM SYSTEM OF
7 ACCOUNTS, EXPENSE FUNCTION 042, NATIONAL TRANSIT DATABASE
8 OPERATING EXPENSES FORM, F 30, NATIONAL TRANSIT DATABASE, FINAL
9 RULE, FEDERAL TRANSIT ADMINISTRATION, DATED JANUARY 15, 1993, OR
10 ANY SUCCESSOR.
11 "OPERATING EXPENSES." TOTAL EXPENSES REQUIRED TO CONTINUE
12 SERVICE TO THE PUBLIC AND TO PERMIT NEEDED IMPROVEMENTS IN
13 SERVICE WHICH ARE NOT SELF-SUPPORTING AND OTHERWISE FOR ANY
14 PURPOSE IN FURTHERANCE OF PUBLIC PASSENGER TRANSPORTATION,
15 INCLUDING ALL STATE ASSET MAINTENANCE COSTS. THE TERM DOES NOT
16 INCLUDE EXPENDITURES FOR CAPITAL PROJECTS UNLESS SPECIFIC
17 APPROVAL IS PROVIDED BY THE DEPARTMENT OF TRANSPORTATION.
18 "OPERATING REVENUE." THE TOTAL REVENUE EARNED BY A LOCAL
19 TRANSPORTATION ORGANIZATION OR A TRANSPORTATION COMPANY THROUGH
20 ITS TRANSIT OPERATIONS. THE TERM INCLUDES ALL OF THE FOLLOWING:
21 (1) PASSENGER FARES.
22 (2) REIMBURSEMENTS PROVIDED IN LIEU OF FARES FOR SENIOR
23 PASSENGERS.
24 (3) CHARTER, SCHOOL BUS AND ADVERTISING REVENUE.
25 (4) OTHER MISCELLANEOUS REVENUE SUCH AS PUBLIC AND
26 PRIVATE ROUTE GUARANTEE FUNDS.
27 "PARATRANSIT SERVICE." TRANSIT SERVICE OPERATING ON A
28 NONFIXED-ROUTE BASIS IN ORDER TO PROVIDE COMPLEMENTARY
29 TRANSPORTATION SERVICE TO PERSONS WHO ARE FUNCTIONALLY UNABLE TO
30 USE FIXED-ROUTE TRANSPORTATION PUBLIC TRANSPORTATION SERVICE, AS <--
20070H1590B2342 - 185 -
1 REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC
2 LAW 101-336, 104 STAT. 327).
3 "PASSENGERS." THE TOTAL OF ALL ORIGINATING PASSENGERS PLUS
4 TRANSFER PASSENGERS CARRIED ON FIXED ROUTE FIXED-ROUTE PUBLIC <--
5 TRANSPORTATION SERVICE AND PARATRANSIT SERVICE WITH RESPECT TO
6 THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY <--
7 PUBLISHED RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE <--
8 REPORT.
9 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN
10 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT-UP PLACE THAT
11 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF
12 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY,
13 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF
14 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR
15 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT
16 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES.
17 "PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT." AN
18 ANNUAL REPORT COMPLETED BY THE DEPARTMENT OF TRANSPORTATION
19 WHICH SHALL INCLUDE ALL OF THE FOLLOWING:
20 (1) EACH LOCAL TRANSPORTATION ORGANIZATION'S PASSENGERS,
21 REVENUE VEHICLE MILES, REVENUE VEHICLE HOURS, AND SENIOR
22 PASSENGERS STATISTICS FOR THE MOST RECENTLY AVAILABLE FISCAL
23 YEAR.
24 (2) ANY OTHER STATISTICAL INFORMATION THAT THE
25 DEPARTMENT OF TRANSPORTATION DEEMS NECESSARY OR USEFUL. <--
26 "REVENUE REPLACEMENT FUNDS." PAYMENTS MADE TO LOCAL
27 TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES TO
28 OFFSET OR PARTIALLY OFFSET FARES.
29 "REVENUE VEHICLE HOURS." THE TOTAL AMOUNT OF TIME CALCULATED
30 IN HOURS DURING WHICH VEHICLES ARE IN SERVICE AND AVAILABLE FOR
20070H1590B2342 - 186 -
1 PUBLIC USE IN FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE OR <--
2 PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR
3 AS REPORTED IN THE MOST RECENT PUBLIC PASSENGER TRANSPORTATION
4 PERFORMANCE REPORT. THE TERM DOES NOT INCLUDE DEADHEAD HOURS.
5 "REVENUE VEHICLE MILES." THE TOTAL AMOUNT OF DISTANCE
6 CALCULATED IN MILES DURING WHICH VEHICLES ARE IN SERVICE AND
7 AVAILABLE FOR PUBLIC USE IN FIXED-ROUTE PUBLIC TRANSPORTATION <--
8 SERVICE OR PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT
9 FISCAL YEAR AS REPORTED IN THE MOST RECENT PUBLIC PASSENGER
10 TRANSPORTATION PERFORMANCE REPORT. THE TERM DOES NOT INCLUDE
11 DEADHEAD MILES.
12 "REVERSE COMMUTE PROJECT." A PUBLIC TRANSPORTATION PROJECT
13 DESIGNED TO TRANSPORT RESIDENTS OF URBANIZED AND NONURBANIZED
14 AREAS TO SUBURBAN EMPLOYMENT OPPORTUNITIES AS DEFINED UNDER 49
15 U.S.C. § 5316 (RELATING TO JOB ACCESS AND REVERSE COMMUTE
16 FORMULA GRANTS).
17 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE
18 COMMONWEALTH.
19 "SENIOR CITIZEN." A PERSON WHO IS AT LEAST 65 YEARS OF AGE.
20 "SENIOR PASSENGER." A SENIOR CITIZEN WHO RIDES ON FIXED-
21 ROUTE SERVICE.
22 "SENIOR PASSENGERS." THE NUMBER OF SENIOR PASSENGERS
23 TRANSPORTED BY A LOCAL TRANSPORTATION ORGANIZATION WITH RESPECT
24 TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY <--
25 PUBLISHED RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE <--
26 REPORT.
27 "TAX REFORM CODE." THE ACT OF MARCH 4, 1971 (P.L.6, NO.2),
28 KNOWN AS THE TAX REFORM CODE OF 1971.
29 "TRANSPORTATION COMPANY." A PERSON THAT RENDERS PUBLIC
30 PASSENGER TRANSPORTATION SERVICE.
20070H1590B2342 - 187 -
1 "URBANIZED AREA." A PORTION OF THIS COMMONWEALTH CLASSIFIED
2 AS URBANIZED BY THE UNITED STATES BUREAU OF THE CENSUS OF THE
3 UNITED STATES DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS
4 OF POPULATION.
5 "VEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS
6 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF
7 VEHICLES AS SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS, EXPENSE
8 FUNCTION 041, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM
9 F 30, NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT
10 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR.
11 "WELFARE-TO-WORK." ANY FEDERAL OR STATE PROGRAM DESIGNED TO
12 MOVE INDIVIDUALS FROM DEPENDENCY ON PUBLIC WELFARE PROGRAMS TO
13 SELF-SUFFICIENCY THROUGH PAID WORK.
14 § 1504. DEPARTMENT AUTHORIZATION.
15 (A) GENERAL.--THE DEPARTMENT MAY, WITHIN THE LIMITATIONS
16 PROVIDED IN THIS CHAPTER, INCUR COSTS DIRECTLY AND PROVIDE
17 FINANCIAL ASSISTANCE FOR THE PURPOSES AND ACTIVITIES ENUMERATED
18 IN THIS CHAPTER.
19 (B) SUPPLEMENTATION OF FEDERAL AND LOCAL FUNDS.--THE
20 AUTHORITY CONFERRED ON THE DEPARTMENT BY THIS CHAPTER INCLUDES, <--
21 BUT IS NOT LIMITED TO, PROVIDING FINANCIAL ASSISTANCE FOR PUBLIC
22 PASSENGER TRANSPORTATION PURPOSES AND TO SUPPLEMENT <--
23 SUPPLEMENTING FEDERAL FUNDING OR LOCAL FUNDING OR BOTH. <--
24 § 1505. REGULATIONS.
25 (A) GENERAL RULE.--TO EFFECTUATE AND ENFORCE THE PROVISIONS
26 OF THIS CHAPTER, THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES
27 AND REGULATIONS AND PRESCRIBE CONDITIONS AND PROCEDURES IN ORDER
28 TO ASSURE COMPLIANCE IN CARRYING OUT THE PURPOSES FOR WHICH
29 FINANCIAL ASSISTANCE MAY BE PROVIDED UNDER THIS CHAPTER.
30 (B) TEMPORARY REGULATIONS.--
20070H1590B2342 - 188 -
1 (1) UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, IN ORDER
2 TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS CHAPTER,
3 DURING THE TWO-YEAR PERIOD FOLLOWING THE EFFECTIVE DATE OF
4 THIS SECTION, THE DEPARTMENT SHALL PROMULGATE TEMPORARY
5 REGULATIONS WHICH SHALL EXPIRE FOUR YEARS FROM THE EFFECTIVE
6 DATE OF THIS SECTION. THE TEMPORARY REGULATIONS SHALL BE
7 EXEMPT FROM THE FOLLOWING:
8 (I) THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), <--
9 KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.
10 (II) SECTION 205 OF THE ACT OF JULY 31, 1968
11 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
12 DOCUMENTS LAW.
13 (I) SECTIONS 201, 202, 203 AND 204 OF THE ACT OF <--
14 JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
15 COMMONWEALTH DOCUMENTS LAW.
16 (III) (II) THE ACT OF JUNE 25, 1982 (P.L.633, <--
17 NO.181), KNOWN AS THE REGULATORY REVIEW ACT.
18 (2) THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE
19 TEMPORARY REGULATIONS UNDER THIS SUBSECTION SHALL EXPIRE TWO
20 YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS
21 ADOPTED AFTER THE TWO-YEAR PERIOD SHALL BE PROMULGATED AS
22 PROVIDED BY STATUTE.
23 § 1506. FUND.
24 (A) ESTABLISHMENT.--A SPECIAL FUND IS ESTABLISHED WITHIN THE
25 STATE TREASURY TO BE KNOWN AS THE PUBLIC TRANSPORTATION TRUST
26 FUND. MONEY IN THE FUND IS HEREBY APPROPRIATED, UPON APPROVAL OF
27 THE GOVERNOR, TO THE DEPARTMENT FOR THE PURPOSES SET FORTH UNDER
28 THIS CHAPTER.
29 (B) DEPOSITS TO FUND BY DEPARTMENT.--
30 (1) THE FOLLOWING APPLY:
20070H1590B2342 - 189 -
1 (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), UPON
2 RECEIPT, THE DEPARTMENT SHALL DEPOSIT INTO THE FUND THE
3 REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 PA.C.S. CH.
4 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND THE LEASE
5 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE
6 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. §
7 8915.3 (RELATING TO LEASE OF INTERSTATE 80) AS FOLLOWS:
8 (A) FOR FISCAL YEAR 2007-2008, $250,000,000.
9 (B) FOR FISCAL YEAR 2008-2009, $250,000,000.
10 (C) FOR FISCAL YEAR 2009-2010, $250,000,000.
11 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL
12 YEAR THEREAFTER, THE AMOUNT CALCULATED FOR THE
13 PREVIOUS FISCAL YEAR, INCREASED ANNUALLY BY 2.5%. <--
14 (II) THE DEPOSITS MADE TO THE FUND UNDER THIS
15 SUBSECTION SHALL EQUAL $250,000,000 ANNUALLY FOR EACH
16 FISCAL YEAR COMMENCING AFTER THE EXPIRATION OF THE
17 CONVERSION PERIOD IF THE CONVERSION NOTICE IS NOT
18 RECEIVED BY THE SECRETARY PRIOR TO EXPIRATION OF THE
19 CONVERSION PERIOD AS SET FORTH UNDER 75 PA.C.S. §
20 8915.3(3).
21 (2) UPON RECEIPT, THE DEPARTMENT SHALL DEPOSIT THE
22 AMOUNT MADE AVAILABLE TO THE DEPARTMENT AS AN EXECUTIVE
23 AUTHORIZATION AND ANY APPROPRIATION FOR THE 2007-2008 FISCAL
24 YEAR AND EACH FISCAL YEAR THEREAFTER FROM THE STATE LOTTERY
25 FUND FOR FIXED ROUTE TRANSIT AND FOR THE FREE TRANSIT PROGRAM
26 FOR SENIOR CITIZENS ESTABLISHED UNDER THE ACT OF AUGUST 26,
27 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. THE
28 FUNDS DEPOSITED UNDER THIS PARAGRAPH SHALL ONLY BE USED AS
29 PERMITTED BY THE STATE LOTTERY LAW, EXCEPT THAT:
30 (I) FUNDS MAY BE USED TO PAY ESTIMATED TRANSIT
20070H1590B2342 - 190 -
1 LOSSES RESULTING FROM PROVIDING FREE SERVICE FOR SENIOR
2 PASSENGERS DURING THE PROVIDER'S REGULAR HOURS OF
3 SERVICE; AND
4 (II) FARES FOR SENIOR CITIZENS ON COMMUTER RAIL
5 SERVICE SHALL BE LIMITED TO $1 PER TRIP AND SHALL BE
6 EXTENDED TO ALL HOURS OF COMMUTER RAIL SERVICE.
7 (C) OTHER DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO
8 THE FUND ANNUALLY: <--
9 (1) 4.4% OF THE AMOUNT COLLECTED UNDER ARTICLE II OF THE
10 TAX REFORM CODE INTO THE FUND. REVENUES UNDER THIS PARAGRAPH <--
11 SHALL BE DEPOSITED INTO THE FUND BY THE 20TH DAY OF EACH
12 MONTH FOR THE PRECEDING MONTH. THE AMOUNT DEPOSITED UNDER
13 THIS PARAGRAPH IS ESTIMATED TO BE EQUIVALENT OF THE MONEY
14 AVAILABLE TO THE DEPARTMENT FROM THE FOLLOWING SOURCES: <--
15 (I) THE SUPPLEMENTAL PUBLIC TRANSPORTATION ACCOUNT
16 ESTABLISHED UNDER FORMER SECTION 1310.1 (RELATING TO
17 SUPPLEMENTAL PUBLIC TRANSPORTATION ASSISTANCE FUNDING).
18 (II) THE AMOUNT APPROPRIATED ANNUALLY BY THE
19 COMMONWEALTH FROM THE GENERAL FUND FOR MASS TRANSIT
20 PROGRAMS PURSUANT TO A GENERAL APPROPRIATIONS ACT.
21 (2) PROCEEDS OF COMMONWEALTH CAPITAL BONDS. <--
22 (2) AN AMOUNT OF PROCEEDS OF COMMONWEALTH CAPITAL BONDS, <--
23 AS DETERMINED ANNUALLY BY THE SECRETARY OF THE BUDGET.
24 (3) REVENUE IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND
25 ESTABLISHED UNDER ARTICLE XXIII OF THE TAX REFORM CODE NOT
26 OTHERWISE DEDUCTED DEDICATED PURSUANT TO LAW. <--
27 (4) OTHER APPROPRIATIONS, DEPOSITS OR TRANSFERS TO THE <--
28 FUND.
29 (D) USE OF REVENUES.--MONEY IN THE FUND SHALL BE USED BY THE
30 DEPARTMENT AS FOLLOWS:
20070H1590B2342 - 191 -
1 (1) TO PROVIDE FINANCIAL ASSISTANCE THROUGH THE PROGRAMS
2 ESTABLISHED UNDER THIS CHAPTER;
3 (2) FOR COSTS INCURRED DIRECTLY BY THE DEPARTMENT IN THE
4 ADMINISTRATION OF PUBLIC PASSENGER TRANSPORTATION PROGRAMS,
5 INCLUDING UNDER THIS CHAPTER; AND
6 (3) FOR ALL OTHER PURPOSES ENUMERATED UNDER THIS
7 CHAPTER.
8 (E) PROGRAM FUNDING AMOUNTS.--SUBJECT TO AVAILABLE FUNDS,
9 THE PROGRAMS ESTABLISHED UNDER THIS CHAPTER SHALL BE FUNDED
10 ANNUALLY AS FOLLOWS: <--
11 (1) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1513
12 (RELATING TO OPERATING PROGRAM), THE FOLLOWING AMOUNTS SHALL
13 BE ALLOCATED FROM THE FUND:
14 (I) ALL REVENUES DEPOSITED IN THE FUND UNDER
15 SUBSECTION (B)(1).
16 (II) ALL REVENUES DEPOSITED IN THE FUND UNDER
17 SUBSECTION (B)(2).
18 (III) 69.99% OF THE REVENUES DEPOSITED IN THE FUND
19 UNDER SUBSECTION (C)(1).
20 (IV) ALL REVENUES DEPOSITED INTO THE FUND UNDER <--
21 SUBSECTION (C)(3).
22 (2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), FOR
23 THE PROGRAM ESTABLISHED UNDER SECTION 1514 (RELATING TO ASSET
24 IMPROVEMENT PROGRAM):
25 (A) BY THE PROCEEDS OF COMMONWEALTH CAPITAL
26 BONDS DEPOSITED INTO THE FUND UNDER SUBSECTION <--
27 (C)(2).
28 (A.1) FOR FISCAL YEAR 2007-2008, $50,000,000 <--
29 FROM THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75
30 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED
20070H1590B2342 - 192 -
1 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE
2 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT
3 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL
4 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND
5 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER
6 SUBSECTION (B)(1).
7 (B) FOR FISCAL YEAR 2008-2009, $100,000,000 FROM
8 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75
9 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED
10 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE
11 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT
12 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL
13 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND
14 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER
15 SUBSECTION (B)(1).
16 (C) FOR FISCAL YEAR 2009-2010, $150,000,000 FROM
17 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75
18 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED
19 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE
20 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT
21 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL
22 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND
23 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER
24 SUBSECTION (B)(1).
25 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL
26 YEAR THEREAFTER, $150,000,000, INCREASED ANNUALLY THE <--
27 AMOUNT CALCULATED FOR THE PRIOR FISCAL YEAR,
28 INCREASED BY 2.5% FROM THE REVENUES RECEIVED BY THE
29 DEPARTMENT UNDER 75 PA.C.S. CH. 89 AND THE LEASE
30 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE
20070H1590B2342 - 193 -
1 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. §
2 8915.3. THE AMOUNT RECEIVED BY THE DEPARTMENT UNDER
3 THIS SECTION SHALL BE DEPOSITED INTO THE FUND PRIOR
4 TO DISTRIBUTION AND SHALL BE IN ADDITION TO THE
5 AMOUNTS RECEIVED UNDER SUBSECTION (B)(1).
6 (II) IF THE CONVERSION NOTICE IS NOT RECEIVED BY THE
7 SECRETARY PRIOR TO THE END OF THE CONVERSION PERIOD AS
8 SET FORTH IN 75 PA.C.S. § 8915.3(3), NO PAYMENT <--
9 ADDITIONAL ALLOCATION SHALL BE REQUIRED UNDER THIS <--
10 SUBPARAGRAPH MADE UNDER SUBPARAGRAPH (I). <--
11 (3) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1516
12 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE), 5.5% 13.24% <--
13 OF THE REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1)
14 SHALL BE ALLOCATED FROM THE FUND.
15 (4) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1517
16 (RELATING TO CAPITAL IMPROVEMENTS PROGRAM), 16.77% OF THE
17 REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1).
18 ADDITIONAL FUNDS FOR THIS PROGRAM MAY BE PROVIDED FROM THE
19 FUNDS ALLOCATED BUT NOT DISTRIBUTED BASED ON THE LIMITATION
20 SET FORTH UNDER SECTION 1513(C) 1513(C)(3). <--
21 § 1507. APPLICATION AND APPROVAL PROCESS.
22 (A) APPLICATION.--AN ELIGIBLE APPLICANT THAT WISHES TO
23 RECEIVE FINANCIAL ASSISTANCE UNDER THIS CHAPTER SHALL SUBMIT A
24 WRITTEN APPLICATION TO THE DEPARTMENT, ON A FORM DEVELOPED BY
25 THE DEPARTMENT, WHICH SHALL INCLUDE THE FOLLOWING:
26 (1) THE NAME AND ADDRESS OF THE APPLICANT.
27 (2) THE NAME AND TELEPHONE NUMBER OF A CONTACT PERSON
28 FOR THE APPLICANT.
29 (3) THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE
30 REQUESTED AND THE PROPOSED USE OF THE FUNDS.
20070H1590B2342 - 194 -
1 (4) A STATEMENT AS TO THE PARTICULAR NEED FOR THE
2 FINANCIAL ASSISTANCE.
3 (5) A CERTIFIED COPY OF A CURRENT RESOLUTION AUTHORIZING
4 SUBMISSION OF THE APPLICATION IF THE APPLICANT IS A GOVERNING
5 BODY.
6 (6) EVIDENCE SATISFACTORY TO THE DEPARTMENT OF THE
7 COMMITMENT FOR MATCHING FUNDS REQUIRED UNDER THIS CHAPTER
8 SUFFICIENT TO MATCH THE PROJECTED FINANCIAL ASSISTANCE
9 PAYMENTS AT THE SAME TIMES THAT THE FINANCIAL ASSISTANCE
10 PAYMENTS ARE TO BE PROVIDED.
11 (7) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY
12 OR DESIRABLE.
13 (B) APPROVAL AND AWARD.--UPON DETERMINING THAT AN APPLICANT
14 HAS COMPLIED WITH THIS CHAPTER, APPLICABLE RULES AND REGULATIONS
15 AND ANY OTHER REQUIREMENT WITH RESPECT TO THE FINANCIAL
16 ASSISTANCE REQUESTED, THE DEPARTMENT MAY AWARD FINANCIAL
17 ASSISTANCE TO THE APPLICANT. IF THE DEPARTMENT AWARDS FINANCIAL
18 ASSISTANCE TO THE APPLICANT, THE DEPARTMENT AND THE APPLICANT
19 SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT SETTING FORTH
20 THE TERMS AND CONDITIONS GOVERNING THE USE OF THE FINANCIAL
21 ASSISTANCE AND THE TIMING OF PAYMENT OF THE FUNDS. THE
22 DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE APPLICATION FOR AND
23 AWARDING OF FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND SHALL
24 FORWARD THEM TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION
25 IN THE PENNSYLVANIA BULLETIN.
26 (C) RESTRICTION ON USE OF FUNDS.--FINANCIAL ASSISTANCE UNDER
27 THIS CHAPTER SHALL BE USED ONLY FOR ACTIVITIES SET FORTH UNDER
28 THE FINANCIAL ASSISTANCE AGREEMENT UNLESS THE DEPARTMENT GRANTS <--
29 THE AWARD RECIPIENT A WAIVER ALLOWING THE FUNDS TO BE USED FOR A
30 DIFFERENT PURPOSE. THE DEPARTMENT'S REGULATIONS SHALL DESCRIBE
20070H1590B2342 - 195 -
1 CIRCUMSTANCES UNDER WHICH IT WILL CONSIDER WAIVER REQUESTS AND
2 SHALL SET FORTH ALL INFORMATION TO BE INCLUDED IN A WAIVER
3 REQUEST. THE MAXIMUM DURATION OF A WAIVER SHALL BE ONE YEAR, AND
4 A WAIVER REQUEST SHALL INCLUDE A PLAN OF CORRECTIVE ACTION TO
5 DEMONSTRATE THAT THE AWARD RECIPIENT DOES NOT HAVE AN ONGOING
6 NEED TO USE FINANCIAL ASSISTANCE FUNDS FOR ACTIVITIES OTHER THAN
7 THOSE FOR WHICH FUNDS WERE ORIGINALLY AWARDED.
8 § 1508. FEDERAL FUNDING.
9 (A) GENERAL RULE.--THE DEPARTMENT SHALL ADMINISTER THE
10 PROGRAM PROGRAMS ESTABLISHED UNDER THIS CHAPTER IN A MANNER THAT <--
11 PERMITS FULL COOPERATION BETWEEN FEDERAL, STATE AND LOCAL
12 GOVERNMENTS, AGENCIES AND INSTRUMENTALITIES, LOCAL
13 TRANSPORTATION ORGANIZATIONS AND PRIVATE INTERESTS, SO AS TO
14 RESULT IN AS EFFECTIVE AND ECONOMICAL A PROGRAM AS POSSIBLE.
15 (B) AGREEMENTS.--THE DEPARTMENT MAY ENTER INTO AGREEMENTS
16 FOR MUTUAL COOPERATION BETWEEN OR AMONG THE DEPARTMENT AND A
17 FEDERAL AGENCY, LOCAL TRANSPORTATION ORGANIZATION OR
18 TRANSPORTATION COMPANY CONCERNING A PROJECT TO BE FUNDED WITH
19 FINANCIAL ASSISTANCE UNDER THIS CHAPTER, INCLUDING JOINT
20 APPLICATIONS FOR FEDERAL GRANTS.
21 (C) GENERAL AUTHORITY OF DEPARTMENT.--THE DEPARTMENT MAY DO
22 ANYTHING NECESSARY OR DESIRABLE TO SECURE FINANCIAL AID OR
23 COOPERATION OF A FEDERAL AGENCY FOR A PROJECT FUNDED WITH
24 FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND TO COMPLY WITH A
25 FEDERAL STATUTE OR LAWFUL REQUIREMENT OF A FEDERAL AGENCY
26 AUTHORIZED TO ADMINISTER A PROGRAM OF FEDERAL AID TO
27 TRANSPORTATION. THE DEPARTMENT MAY ENTER INTO A PROTECTIVE
28 AGREEMENT WITH ORGANIZED LABOR TO THE EXTENT REQUIRED UNDER 49
29 U.S.C. § 5333 (RELATING TO LABOR STANDARDS) IN ORDER TO OBTAIN
30 FEDERAL GRANT MONEY FOR TRANSPORTATION ASSISTANCE. PROTECTIVE
20070H1590B2342 - 196 -
1 AGREEMENTS SHALL BE NARROWLY DRAWN AND STRICTLY CONSTRUED TO
2 PROVIDE NO MORE THAN THE MINIMUM PROTECTIONS REQUIRED BY THE
3 UNITED STATES DEPARTMENT OF LABOR FOR THE AGREEMENTS.
4 (D) DIRECT RECIPIENTS.--LOCAL TRANSPORTATION ORGANIZATIONS
5 THAT ARE DIRECT RECIPIENTS OF FEDERAL FUNDING SHALL BE UNDER NO
6 OBLIGATION TO ENTER INTO CONTRACTS WITH THE DEPARTMENT FOR
7 EXPENDITURE OF THOSE FUNDS, EXCEPT THAT THE DEPARTMENT MAY
8 REQUIRE A CONTRACT FOR EXPENDITURE OF THE STATE PORTION OF THE
9 PROJECT ASSISTED BY THOSE FEDERAL FUNDS.
10 § 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF
11 DEPARTMENT.
12 ALL DECISIONS, FINDINGS AND REGULATIONS MADE BY THE
13 DEPARTMENT PURSUANT TO THIS CHAPTER SHALL BE FOR THE PURPOSES OF
14 THIS CHAPTER ONLY AND SHALL NOT CONSTITUTE EVIDENCE BEFORE A
15 REGULATORY BODY OF THIS COMMONWEALTH OR ANY OTHER JURISDICTION.
16 § 1510. PROGRAM OVERSIGHT AND ADMINISTRATION.
17 (A) REVIEW AND OVERSIGHT.--THE DEPARTMENT SHALL INITIATE AND
18 MAINTAIN A PROGRAM OF FINANCIAL AND PERFORMANCE REVIEW AND
19 OVERSIGHT FOR ALL PROGRAMS RECEIVING FINANCIAL ASSISTANCE UNDER
20 THIS CHAPTER. THE DEPARTMENT MAY PERFORM INDEPENDENT FINANCIAL
21 AUDITS OF EACH AWARD RECIPIENT TO ENSURE COMPLIANCE BY AWARD
22 RECIPIENTS WITH THIS CHAPTER, DEPARTMENT REGULATIONS AND
23 POLICIES AND FINANCIAL ASSISTANCE AGREEMENTS. AUDITS SHALL BE
24 CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING
25 STANDARDS.
26 (B) STATE RAIL TRANSIT SAFETY INSPECTION PROGRAM.--THE
27 DEPARTMENT MAY CONDUCT A STATE RAIL TRANSIT SAFETY INSPECTION
28 PROGRAM, AS MAY BE DEFINED FROM TIME TO TIME BY THE FEDERAL
29 TRANSIT ADMINISTRATION, TO MEET OVERSIGHT REQUIREMENTS OF THE
30 FEDERAL TRANSIT ADMINISTRATION. THE PUBLIC TRANSPORTATION MODES
20070H1590B2342 - 197 -
1 COVERED SHALL INCLUDE HEAVY RAIL, LIGHT RAIL, TRACKLESS TROLLEY
2 BUS AND INCLINED PLANE SERVICES AND RELATED FACILITIES.
3 § 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY.
4 THE FOLLOWING SHALL APPLY:
5 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEPARTMENT
6 SHALL FILE SUBMIT A PUBLIC PASSENGER TRANSPORTATION <--
7 PERFORMANCE REPORT WITH TO THE GOVERNOR AND THE GENERAL <--
8 ASSEMBLY BY APRIL 30 OF EACH YEAR, COVERING THE PRIOR FISCAL
9 YEAR.
10 (2) THE REPORT COVERING THE 2005-2006 FISCAL YEAR SHALL
11 BE PUBLISHED SUBMITTED BY JULY 31, 2007. <--
12 § 1512. COORDINATION.
13 COORDINATION IS REQUIRED IN REGIONS WHERE TWO OR MORE AWARD
14 RECIPIENTS HAVE SERVICES OR ACTIVITIES FOR WHICH FINANCIAL
15 ASSISTANCE IS BEING PROVIDED UNDER THIS CHAPTER TO ASSURE THAT
16 THE SERVICES OR ACTIVITIES ARE PROVIDED EFFICIENTLY AND
17 EFFECTIVELY.
18 § 1513. OPERATING PROGRAM.
19 (A) ELIGIBLE APPLICANTS.--THE FOLLOWING MAY APPLY FOR
20 FINANCIAL ASSISTANCE FOR OPERATING EXPENSES UNDER THIS SECTION:
21 (1) THE GOVERNING BODY OF A MUNICIPALITY OR AN
22 INSTRUMENTALITY OF A MUNICIPALITY.
23 (2) A COMMONWEALTH AGENCY OR INSTRUMENTALITY.
24 (3) A LOCAL TRANSPORTATION ORGANIZATION.
25 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER
26 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN
27 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL
28 INCLUDE THE APPLICANT'S REASONABLE ESTIMATES OF OPERATING
29 REVENUE AND GOVERNMENT SUBSIDIES SUFFICIENT TO COVER ALL
30 PROJECTED OPERATING EXPENSES.
20070H1590B2342 - 198 -
1 (C) DISTRIBUTION FORMULA.--
2 (1) NO LATER THAN 15 BUSINESS DAYS AFTER THE EFFECTIVE
3 DATE OF THIS SECTION THE DEPARTMENT SHALL FORWARD TO THE
4 LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE
5 PENNSYLVANIA BULLETIN THE BASE OPERATING ALLOCATION FOR EACH
6 LOCAL TRANSPORTATION ORGANIZATION.
7 (1.1) FOR PURPOSES OF DETERMINING THE AMOUNT OF <--
8 ASSISTANCE AVAILABLE FOR DISTRIBUTION UNDER THIS SUBSECTION,
9 IN ADDITION TO THE AMOUNTS ALLOCATED UNDER SECTION
10 1506(E)(1)(RELATING TO FUND), AN AMOUNT EQUAL TO THE REVENUE
11 IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND DEDICATED
12 PURSUANT TO LAW SHALL BE INCLUDED.
13 (2) FOR FISCAL YEAR 2007-2008 AND EVERY EACH FISCAL YEAR <--
14 THEREAFTER EACH QUALIFYING LOCAL TRANSPORTATION ORGANIZATION <--
15 SHALL RECEIVE FINANCIAL ASSISTANCE WHICH SHALL CONSIST OF THE
16 FOLLOWING:
17 (I) ITS BASE OPERATING ALLOCATION MULTIPLIED BY
18 1.0506.
19 (II) AN ADDITIONAL AMOUNT WHICH SHALL BE ALLOCATED
20 BASED ON THE FOLLOWING DISTRIBUTION FORMULA:
21 (A) TWENTY-FIVE PERCENT OF THE AWARD AMOUNT
22 SHALL BE BASED ON THE NUMBER OF PASSENGERS. THE
23 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION
24 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS
25 FOLLOWS:
26 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING
27 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH
28 BY 0.25.
29 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE
30 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S
20070H1590B2342 - 199 -
1 NUMBER OF PASSENGERS.
2 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE
3 (II) BY THE TOTAL NUMBER OF PASSENGERS FOR ALL
4 QUALIFYING LOCAL TRANSPORTATION ORGANIZATIONS. <--
5 (B) TEN PERCENT OF THE AWARD AMOUNT SHALL BE
6 BASED ON THE NUMBER OF SENIOR PASSENGERS TO OFFSET
7 FREE FARES FOR SENIOR PASSENGERS. THE ACTUAL AMOUNT
8 RECEIVED BY EACH LOCAL TRANSPORTATION ORGANIZATION
9 UNDER THIS CLAUSE SHALL BE CALCULATED AS FOLLOWS:
10 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING
11 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH
12 BY 0.10.
13 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE
14 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S
15 NUMBER OF SENIOR PASSENGERS.
16 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE
17 (II) BY THE TOTAL NUMBER OF SENIOR PASSENGERS FOR
18 ALL QUALIFYING LOCAL TRANSPORTATION <--
19 ORGANIZATIONS.
20 (C) THIRTY-FIVE PERCENT OF THE AWARD AMOUNT
21 SHALL BE BASED ON THE NUMBER OF REVENUE VEHICLE
22 HOURS. THE ACTUAL AMOUNT RECEIVED BY EACH LOCAL
23 TRANSPORTATION ORGANIZATION UNDER THIS CLAUSE SHALL
24 BE CALCULATED AS FOLLOWS:
25 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING
26 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH
27 BY 0.35.
28 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE
29 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S
30 NUMBER OF REVENUE VEHICLE HOURS.
20070H1590B2342 - 200 -
1 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE
2 (II) BY THE TOTAL OF THE REVENUE VEHICLE HOURS
3 FOR ALL QUALIFYING LOCAL TRANSPORTATION <--
4 ORGANIZATIONS.
5 (D) THIRTY PERCENT OF THE AWARD AMOUNT SHALL BE
6 BASED ON THE NUMBER OF REVENUE VEHICLE MILES. THE
7 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION
8 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS
9 FOLLOWS:
10 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING
11 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH
12 BY 0.30.
13 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE
14 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S
15 NUMBER OF REVENUE VEHICLE MILES.
16 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE
17 (II) BY THE TOTAL NUMBER OF REVENUE VEHICLE MILES
18 FOR ALL QUALIFYING LOCAL TRANSPORTATION <--
19 ORGANIZATIONS.
20 (3) FOR THE 2007-2008 FISCAL YEAR, NO LOCAL
21 TRANSPORTATION ORGANIZATION SHALL RECEIVE TOTAL FINANCIAL
22 ASSISTANCE UNDER THIS SUBSECTION THAT WOULD BE MORE THAN 50%
23 HIGHER THAN THE AMOUNT IT RECEIVES UNDER PARAGRAPH (2)(I). <--
24 FOR EACH SUBSEQUENT FISCAL YEAR, THE INCREASE IN THE TOTAL
25 FINANCIAL ASSISTANCE PROVIDED TO EACH APPLICANT LOCAL <--
26 TRANSPORTATION ORGANIZATION SHALL NOT EXCEED 20% OF THE PRIOR
27 YEAR ALLOCATION.
28 (C.1) MINIMUM.--NO LOCAL TRANSPORTATION ORGANIZATION SHALL <--
29 RECEIVE FINANCIAL ASSISTANCE UNDER THIS SECTION IN AN AMOUNT
30 LESS THAN THE AMOUNT RECEIVED IN THE PREVIOUS FISCAL YEAR.
20070H1590B2342 - 201 -
1 (D) LOCAL MATCH REQUIREMENTS.--
2 (1) FOR FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR
3 THEREAFTER, EXCEPT AS PROVIDED UNDER PARAGRAPH (2), FINANCIAL <--
4 ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE MATCHED BY
5 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN THE
6 GREATER OF:
7 (I) 15% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE
8 BEING PROVIDED; OR
9 (II) THE AMOUNT REQUIRED UNDER FORMER SECTION
10 1311(D) (RELATING TO USE OF FUNDS DISTRIBUTED) FOR FISCAL
11 YEAR 2006-2007.
12 (2) IN FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR <--
13 THEREAFTER, IF THE LOCAL MATCH REQUIRED UNDER THIS SUBSECTION
14 DOES NOT EQUAL 15%, THE LOCAL MATCH SHALL BE INCREASED
15 ANNUALLY IN AN AMOUNT NOT TO EXCEED 5% UNTIL THE LOCAL MATCH
16 EQUALS 15%.
17 (2) BEGINNING IN FISCAL YEAR 2007-2008 AND EACH FISCAL <--
18 YEAR THEREAFTER, IF THE LOCAL MATCHING FUNDS PROVIDED ARE
19 LESS THAN 15% OF THE AMOUNT OF FINANCIAL ASSISTANCE RECEIVED,
20 THE LOCAL TRANSPORTATION ORGANIZATION'S REQUIRED LOCAL
21 MATCHING FUNDS SHALL INCREASE ANNUALLY IN ORDER TO MEET THE
22 15% REQUIREMENT SET FORTH UNDER PARAGRAPH (1)(I). THE LOCAL
23 MATCHING FUNDS SHALL BE INCREASED ANNUALLY BY A MINIMUM OF 5%
24 ABOVE THE AMOUNT OF LOCAL MATCHING FUNDS PROVIDED IN THE
25 PREVIOUS FISCAL YEAR UNLESS A LESSER AMOUNT IS NECESSARY TO
26 MEET THE 15% REQUIREMENT SET FORTH UNDER PARAGRAPH (1)(I).
27 (3) FOR FINANCIAL ASSISTANCE TO A LOCAL TRANSPORTATION <--
28 ORGANIZATION, ELIGIBLE ELIGIBLE LOCAL MATCHING FUNDS SHALL <--
29 CONSIST ONLY OF CASH CONTRIBUTIONS PROVIDED BY ONE OR MORE
30 MUNICIPALITIES OR COUNTIES THAT ARE MEMBERS OF THE LOCAL <--
20070H1590B2342 - 202 -
1 TRANSPORTATION ORGANIZATION. THE AMOUNT OF THE MATCH AND THE
2 TIME PERIOD DURING WHICH THE MATCH MUST CONTINUE TO BE
3 AVAILABLE SHALL BE SPECIFIED IN THE FINANCIAL ASSISTANCE
4 AGREEMENT. FUNDING PROVIDED BY LOCAL AND PRIVATE ENTITIES,
5 INCLUDING ADVERTISING OR NAMING RIGHTS, MAY BE ELIGIBLE FOR <--
6 THE MATCH QUALIFY AS LOCAL MATCHING FUNDS TO THE EXTENT THEY <--
7 PROVIDE FOR THE COST OF TRANSIT SERVICE THAT IS OPEN TO THE
8 PUBLIC. THE FOLLOWING SHALL NOT BE ELIGIBLE FOR A LOCAL MATCH <--
9 CONSIDERED LOCAL MATCHING FUNDS: <--
10 (I) ANY FORM OF TRANSIT OPERATING REVENUE OR OTHER
11 FORMS OF TRANSIT INCOME PROVIDED BY THE LOCAL
12 TRANSPORTATION ORGANIZATION.
13 (II) FUNDS USED TO REPLACE FARES.
14 (4) A MUNICIPALITY IN A METROPOLITAN AREA WHICH IS A
15 MEMBER OF A LOCAL TRANSPORTATION ORGANIZATION IS AUTHORIZED
16 TO PROVIDE ANNUAL FINANCIAL ASSISTANCE FROM CURRENT REVENUES
17 TO THE LOCAL TRANSPORTATION ORGANIZATION OF WHICH IT IS A
18 MEMBER OR ENTER INTO A LONG-TERM AGREEMENT FOR PAYMENT OF
19 MONEY TO ASSIST IN DEFRAYING THE COSTS OF OPERATION,
20 MAINTENANCE AND DEBT SERVICE OF THE LOCAL TRANSPORTATION
21 ORGANIZATION OR OF A PARTICULAR PUBLIC TRANSPORTATION PROJECT
22 OF A LOCAL TRANSPORTATION ORGANIZATION. THE OBLIGATION OF A
23 MUNICIPALITY UNDER AN AGREEMENT PURSUANT TO THIS PARAGRAPH
24 SHALL NOT BE CONSIDERED TO BE A PART OF THE INDEBTEDNESS OF
25 THE MUNICIPALITY, NOR SHALL THE OBLIGATION BE DEEMED TO
26 IMPAIR THE STATUS OF ANY INDEBTEDNESS OF THE MUNICIPALITY
27 WHICH WOULD OTHERWISE BE CONSIDERED SELF-SUSTAINING.
28 (E) PERFORMANCE REVIEWS.--
29 (1) THE DEPARTMENT MAY CONDUCT PERFORMANCE REVIEWS OF AN
30 AWARD RECIPIENT UNDER THIS SECTION TO DETERMINE THE
20070H1590B2342 - 203 -
1 EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL ASSISTANCE. <--
2 REVIEWS SHALL BE CONDUCTED AT REGULAR INTERVALS AS
3 ESTABLISHED BY THE DEPARTMENT IN CONSULTATION WITH THE
4 MANAGEMENT OF THE AWARD RECIPIENT. AFTER COMPLETION OF A
5 REVIEW, THE DEPARTMENT SHALL ISSUE A REPORT THAT:
6 (I) HIGHLIGHTS EXCEPTIONAL PERFORMANCE AND
7 IDENTIFIES ANY PROBLEMS THAT NEED TO BE RESOLVED;
8 (II) ASSESSES PERFORMANCE, EFFICIENCY AND
9 EFFECTIVENESS OF THE USE OF THE FINANCIAL ASSISTANCE;
10 (III) MAKES RECOMMENDATIONS ON FOLLOW-UP ACTIONS
11 REQUIRED TO REMEDY ANY PROBLEM IDENTIFIED; AND
12 (IV) PROVIDES AN ACTION PLAN DOCUMENTING WHO SHOULD
13 PERFORM THE RECOMMENDED ACTIONS AND A TIME FRAME WITHIN
14 WHICH THEY SHOULD BE PERFORMED.
15 (2) THE DEPARTMENT SHALL DELIVER THE REPORT TO THE
16 GOVERNOR, TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
17 TRANSPORTATION COMMITTEE OF THE SENATE AND TO THE CHAIRMAN
18 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE
19 HOUSE OF REPRESENTATIVES. THE DEPARTMENT'S REGULATIONS SHALL
20 CONTAIN A DESCRIPTION OF THE IMPACT ON BOTH THE AMOUNT OF,
21 AND FUTURE ELIGIBILITY FOR, FINANCIAL ASSISTANCE UNDER THIS
22 CHAPTER BASED UPON THE DEGREE TO WHICH THE LOCAL
23 TRANSPORTATION ORGANIZATION COMPLIES WITH THE RECOMMENDATIONS
24 IN THE REPORT. THE DEPARTMENT SHALL DEVELOP A LIST OF BEST
25 PRACTICES REVEALED BY THE REPORTS ISSUED UNDER THIS
26 SUBSECTION AND SHALL POST THEM ON THE DEPARTMENT'S INTERNET
27 WEBSITE.
28 (F) PERFORMANCE CRITERIA.--CRITERIA USED FOR THE REVIEWS
29 CONDUCTED UNDER SUBSECTION (E) SHALL CONSIST OF PASSENGERS PER
30 REVENUE VEHICLE HOUR, OPERATING COSTS PER REVENUE VEHICLE HOUR,
20070H1590B2342 - 204 -
1 OPERATING REVENUE PER REVENUE VEHICLE HOUR, OPERATING COSTS PER
2 PASSENGER AND OTHER ITEMS AS THE DEPARTMENT MAY ESTABLISH. THE
3 DEPARTMENT'S REGULATIONS SHALL SET FORTH THE MINIMUM SYSTEM
4 PERFORMANCE CRITERIA, BASED UPON COMPARISON OF THE AWARD
5 RECIPIENT TO ITS PAST PERFORMANCE AND TO ITS PEERS, THAT AN
6 AWARD RECIPIENT MUST SATISFY.
7 (G) FAILURE TO SATISFY MINIMUM PERFORMANCE CRITERIA.--
8 (1) IF A PERFORMANCE REVIEW CONDUCTED UNDER SUBSECTION
9 (E) REVEALS THAT THE PERFORMANCE OF AN AWARD RECIPIENT'S
10 TRANSPORTATION SYSTEM HAS DECREASED COMPARED TO PERFORMANCE
11 DETERMINED THROUGH A PRIOR REVIEW, THE DEPARTMENT MAY, UPON
12 THE WRITTEN REQUEST OF AN AWARD RECIPIENT, WAIVE ANY
13 REQUIREMENT FOR A REDUCTION IN THE AMOUNT OF FINANCIAL
14 ASSISTANCE TO BE AWARDED UNDER THIS SECTION FOR A REASONABLE
15 TIME PERIOD TO ALLOW THE AWARD RECIPIENT TO BRING THE SYSTEM
16 BACK TO THE REQUIRED PERFORMANCE LEVEL. THE AWARD RECIPIENT
17 SHALL PROVIDE WRITTEN JUSTIFICATION FOR PROVIDING A TIME
18 PERIOD LONGER THAN TWO YEARS. IN ORDER TO OBTAIN THE WAIVER
19 FOR THE PERIOD REQUESTED, THE AWARD RECIPIENT MUST DO ALL OF
20 THE FOLLOWING:
21 (I) DEVELOP AN ACTION PLAN TO IMPROVE SYSTEM
22 PERFORMANCE THAT CONTAINS KEY MEASURABLE MILESTONES. THE
23 ACTION PLAN MUST BE ACCEPTABLE TO THE DEPARTMENT AND MUST
24 BE APPROVED BY THE DEPARTMENT IN WRITING.
25 (II) SUBMIT QUARTERLY PROGRESS REPORTS ON THE ACTION
26 PLAN TO THE DEPARTMENT.
27 (2) THE DEPARTMENT SHALL REVIEW AND EVALUATE THE AWARD
28 RECIPIENT'S PROGRESS TO DETERMINE IF THE SYSTEM HAS IMPROVED.
29 IF THE SYSTEM HAS IMPROVED, THE AWARD RECIPIENT WILL REMAIN
30 ELIGIBLE FOR FULL FORMULA FUNDING AS DETERMINED UNDER
20070H1590B2342 - 205 -
1 SUBSECTION (C). IF THE SYSTEM HAS NOT IMPROVED BY THE END OF
2 THE WAIVER PERIOD, THE WAIVER WILL BE WITHDRAWN. EXPENSES
3 INCURRED BY THE AWARD RECIPIENT AS A RESULT OF THE FAILURE OF
4 THE AWARD RECIPIENT'S SYSTEM TO MEET THE MINIMUM PERFORMANCE
5 CRITERIA SHALL BE BORNE BY THE AWARD RECIPIENT.
6 (H) ADJUSTMENTS TO MINIMUM PERFORMANCE CRITERIA.--UPON
7 WRITTEN REQUEST OF AN AWARD RECIPIENT, THE DEPARTMENT MAY ADJUST
8 THE MINIMUM PERFORMANCE CRITERIA DESCRIBED IN SUBSECTION (G) IN
9 A GIVEN YEAR IF THE PERFORMANCE OF THE AWARD RECIPIENT'S SYSTEM
10 IS ADVERSELY AFFECTED BY CIRCUMSTANCES WHICH ARE BEYOND THE
11 AWARD RECIPIENT'S CONTROL. EXAMPLES ARE LABOR STRIKES,
12 INFRASTRUCTURE FAILURES AND NATURAL DISASTERS. THE REQUEST MUST
13 INCLUDE THE AWARD RECIPIENT'S REASONS FOR SEEKING THE
14 ADJUSTMENT.
15 § 1514. ASSET IMPROVEMENT PROGRAM.
16 (A) ELIGIBLE APPLICANTS.--
17 (1) THE FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE FOR
18 IMPROVEMENT, REPLACEMENT OR EXPANSION OF CAPITAL PROJECTS
19 UNDER THIS SECTION:
20 (I) A LOCAL TRANSPORTATION ORGANIZATION.
21 (II) AN AGENCY OR INSTRUMENTALITY OF THE
22 COMMONWEALTH.
23 (III) A PERSON RESPONSIBLE FOR COORDINATING
24 COMMUNITY TRANSPORTATION PROGRAM SERVICES.
25 (IV) ANY OTHER PERSON THE DEPARTMENT DEEMS TO BE
26 ELIGIBLE.
27 (2) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN FOUR-YEAR
28 AND 12-YEAR PLANS THAT SUMMARIZE THE CAPITAL PROJECTS AND
29 FINANCIAL ASSISTANCE COMMITMENTS FOR EACH APPLICANT. THE
30 DEPARTMENT MAY ENTER INTO MULTIYEAR AGREEMENTS TO PROVIDE
20070H1590B2342 - 206 -
1 FINANCIAL ASSISTANCE FOR CAPITAL PROJECTS BASED UPON CASH
2 FLOW AND REVENUE PROJECTIONS FOR THE FUND. EACH CAPITAL
3 PROJECT SHALL BE BASED ON THE PLAN DEVELOPED BY THE
4 DEPARTMENT.
5 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER
6 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN
7 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL
8 INCLUDE THE FOLLOWING:
9 (1) EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE
10 PROPOSED CAPITAL PROJECT IS INCLUDED IN THE FIRST YEAR OF THE
11 APPLICANT'S FOUR-YEAR CAPITAL PLAN AND ITS FEDERALLY APPROVED
12 TRANSPORTATION IMPROVEMENT PROGRAM.
13 (2) IF AN APPLICANT IS REQUESTING FINANCIAL ASSISTANCE
14 FOR REPLACEMENT OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY
15 TO THE DEPARTMENT THAT THE CAPITAL PROJECT TO BE REPLACED HAS
16 EXCEEDED THE USEFUL LIFE CRITERIA AS DEFINED BY THE
17 DEPARTMENT. AT ITS DISCRETION, THE DEPARTMENT MAY APPROVE
18 FUNDING TO REPLACE A CAPITAL PROJECT THAT DOES NOT EXCEED THE
19 USEFUL LIFE CRITERIA IF THE APPLICANT PROVIDES DOCUMENTATION
20 ACCEPTABLE TO THE DEPARTMENT TO JUSTIFY THE EARLY REPLACEMENT
21 OF THE CAPITAL PROJECT.
22 (3) IF THE APPLICANT IS REQUESTING FINANCIAL ASSISTANCE
23 FOR EXPANSION OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY TO
24 THE DEPARTMENT THAT THE APPLICANT WILL HAVE SUFFICIENT FUTURE
25 ANNUAL OPERATING FUNDS TO SUPPORT THE PROPOSED EXPANSION.
26 (4) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT,
27 INCLUDING A RETURN ON INVESTMENT ANALYSIS OR A LIFE CYCLE
28 COST ANALYSIS, OR BOTH.
29 (C) LOCAL MATCH REQUIREMENTS.--FINANCIAL ASSISTANCE UNDER
30 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING
20070H1590B2342 - 207 -
1 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL
2 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THE LOCAL
3 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) <--
4 1513(D)(3) (RELATING TO OPERATING PROGRAM). <--
5 (D) CONDITIONS FOR RECEIPT OF BOND FUNDING.--FINANCIAL
6 ASSISTANCE THAT IS FUNDED BY PROCEEDS OF COMMONWEALTH CAPITAL
7 BONDS MAY BE PROVIDED TO AN APPLICANT IF ALL OF THE FOLLOWING
8 CONDITIONS ARE MET:
9 (1) THE APPLICANT'S CAPITAL PROJECT HAS BEEN AUTHORIZED
10 BY A CAPITAL BUDGET PROJECT ITEMIZATION ACT.
11 (2) THE APPLICANT'S CAPITAL PROJECT WAS INCLUDED IN THE
12 DEPARTMENT'S APPROVED ANNUAL RELEASE REQUEST APPROVING THE
13 USE OF THE FUNDS FOR THE PROPOSED CAPITAL PROJECT IN THE
14 FISCAL YEAR IN WHICH THE FUNDS ARE EXPECTED TO BE EXPENDED.
15 (3) THE DEPARTMENT HAS APPROVED THE UNDERLYING
16 APPLICATION FOR THE CAPITAL PROJECT.
17 (4) THE CAPITAL PROJECT HAS A USEFUL LIFE OF 20 YEARS OR <--
18 LONGER.
19 (E) PRIORITIES.--THE AWARD OF FINANCIAL ASSISTANCE UNDER
20 THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING SET OF PRIORITIES
21 IN DESCENDING ORDER OF SIGNIFICANCE UNLESS A COMPELLING RETURN
22 ON INVESTMENT ANALYSIS FOR A PROJECT IN A LOWER CATEGORY IS
23 PROVIDED TO AND APPROVED BY THE DEPARTMENT:
24 (1) REQUESTS FOR FUNDS REQUIRED TO SUPPORT EXISTING
25 LOCAL BOND ISSUES CURRENTLY SUPPORTED WITH STATE REVENUE
26 SOURCES, SUCH AS DEBT SERVICE AND ASSET LEASES. THE
27 COMMONWEALTH PLEDGES TO AND AGREES WITH ANY PERSON, FIRM OR
28 CORPORATION HOLDING ANY BONDS PREVIOUSLY ISSUED BY, OR ANY
29 OTHER DEBT INCURRED BY, A LOCAL TRANSPORTATION ORGANIZATION,
30 AND SECURED IN WHOLE OR PART BY A PLEDGE OF THE FUNDS
20070H1590B2342 - 208 -
1 PROVIDED TO THE LOCAL TRANSPORTATION ORGANIZATION FROM THE
2 FUND THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS
3 VESTED IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER
4 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION
5 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION
6 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT
7 INCURRED, TOGETHER WITH THE INTEREST THEREON, IS FULLY PAID
8 OR PROVIDED FOR.
9 (2) REQUESTS FOR FUNDS REQUIRED TO MATCH FEDERALLY
10 APPROVED CAPITAL PROJECTS FUNDED UNDER 49 U.S.C. §§ 5307
11 (RELATING TO URBANIZED AREA FORMULA GRANTS) AND 5309
12 (RELATING TO CAPITAL INVESTMENT GRANTS AND LOANS) AND OTHER
13 FEDERALLY APPROVED CAPITAL PROJECTS.
14 (3) OTHER NON-FEDERAL CAPITAL PROJECTS AS DETERMINED BY
15 THE DEPARTMENT, WHICH SHALL BE FURTHER SUBJECT TO THE
16 FOLLOWING SET OF PRIORITIES IN DESCENDING ORDER OF
17 SIGNIFICANCE:
18 (I) ESSENTIAL EMERGENCY ASSET IMPROVEMENT PROJECTS.
19 (II) STANDARD REPLACEMENT OF EXISTING ASSETS THAT
20 HAVE EXCEEDED THEIR USEFUL LIFE.
21 (III) ASSET IMPROVEMENT PROJECTS TO EXTEND THE
22 USEFUL LIFE OF THE AFFECTED ASSETS.
23 (IV) ACQUISITION OF NEW ASSETS AND OTHER ACCEPTABLE
24 PURPOSES, OTHER THAN PROJECTS TO BE FUNDED UNDER THE NEW
25 INITIATIVES PROGRAM DESCRIBED IN SECTION 1515 (RELATING
26 TO NEW INITIATIVES PROGRAM), AS DETERMINED BY THE <--
27 DEPARTMENT.
28 (F) BONDING BY AWARD RECIPIENTS.--WITH THE APPROVAL OF THE
29 DEPARTMENT, AN AWARD RECIPIENT THAT IS PERMITTED BY LAW TO ISSUE
30 BONDS MAY DO SO FOR THE PURPOSE OF FINANCING A MULTIYEAR CAPITAL
20070H1590B2342 - 209 -
1 PROJECT. THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT WITH THE
2 AWARD RECIPIENT PROVIDING THAT PAYMENTS OF THE AWARDED FUNDS
3 SUFFICIENT TO SATISFY REQUIREMENTS OF THE BONDS ISSUED BE MADE
4 DIRECTLY TO THE TRUSTEE OF THE BOND HOLDERS UNTIL SUCH TIME AS
5 THE BONDS ARE RETIRED.
6 § 1515. NEW INITIATIVES PROGRAM.
7 (A) ELIGIBLE APPLICANTS.--PERSONS ELIGIBLE TO APPLY FOR
8 FINANCIAL ASSISTANCE UNDER SECTION 1514 (RELATING TO ASSET
9 IMPROVEMENT PROGRAM) SHALL ALSO BE ELIGIBLE TO APPLY FOR
10 FINANCIAL ASSISTANCE FOR NEW OR EXPANSIONS OF FIXED GUIDEWAY
11 SYSTEMS UNDER THIS SECTION.
12 (B) APPLICATIONS.--IN ADDITION TO THE INFORMATION REQUIRED
13 UNDER SECTION 1507 (RELATING TO APPLICATION AND APPROVAL
14 PROCESS), AN APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS
15 SECTION SHALL INCLUDE ALL OF THE INFORMATION REQUIRED IN AN
16 APPLICATION FOR FINANCIAL ASSISTANCE UNDER SECTION 1514
17 (RELATING TO ASSET IMPROVEMENT PROGRAM). IF THE APPLICATION IS
18 FOR A PROPOSED EXPANSION OF A CAPITAL PROJECT, THE APPLICATION
19 SHALL ALSO INCLUDE EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
20 THE APPLICANT WILL HAVE SUFFICIENT FUTURE ANNUAL OPERATING FUNDS
21 TO SUPPORT THE PROPOSED EXPANSION.
22 (C) SOURCE OF FUNDS AND PRIORITIES.--
23 (1) SUMS ALLOCATED FOR THE ASSET IMPROVEMENT PROGRAM
24 UNDER SECTION 1506(E)(2) (RELATING TO FUND), UP TO A MAXIMUM
25 OF $50,000,000 ANNUALLY, MAY BE USED BY THE DEPARTMENT TO
26 PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION.
27 (2) IN AWARDING FINANCIAL ASSISTANCE UNDER THIS SECTION,
28 THE DEPARTMENT SHALL GIVE PRIORITY TO APPLICANTS THAT INTEND
29 TO USE THE FUNDS TO SATISFY THE LOCAL MATCHING PORTION OF
30 FEDERALLY APPROVED NEW STARTS PROJECTS FUNDED PURSUANT TO 49
20070H1590B2342 - 210 -
1 U.S.C. § 5309 (RELATING TO CAPITAL INVESTMENT GRANTS AND
2 LOANS). THE DEPARTMENT MAY FUND PROJECTS THAT DO NOT RECEIVE
3 FUNDING FROM THE FEDERAL NEW STARTS PROGRAM IF THE APPLICANT
4 CAN PROVIDE SUFFICIENT EVIDENCE THAT THE PROJECT CAN MEET ALL
5 OF THE FOLLOWING REQUIREMENTS:
6 (I) INVESTMENTS IN EXISTING SERVICE AREAS HAVE BEEN
7 OPTIMIZED.
8 (II) AN ANALYSIS REVEALS A REASONABLE RETURN ON
9 INVESTMENT.
10 (III) THE PUBLIC BENEFIT OF THE PROJECT HAS BEEN
11 IDENTIFIED.
12 (IV) THERE EXISTS A LOCAL DEDICATED FUNDING COMMITMENT
13 TO PAY ANY REQUIRED LOCAL MATCH FOR THE PROJECT AND ONGOING
14 OPERATING COSTS.
15 (V) THERE EXISTS LOCAL TECHNICAL ABILITY AND CAPACITY TO
16 MANAGE, CONSTRUCT AND OPERATE THE PROJECT.
17 (VI) THE PROJECT IS SUPPORTED BY THE ADOPTION OF AN
18 INTEGRATED LAND USE PLAN BY LOCAL MUNICIPALITIES.
19 (D) LOCAL MATCH REQUIREMENT.--FINANCIAL ASSISTANCE UNDER
20 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING
21 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL
22 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THIS LOCAL <--
23 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D)(3)
24 (RELATING TO OPERATING PROGRAM).
25 § 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE.
26 (A) GENERAL RULE.--MONEY IN THE FUND ALLOCATED FOR PROGRAMS
27 OF STATEWIDE SIGNIFICANCE SHALL BE USED BY THE DEPARTMENT TO
28 SUPPORT PUBLIC TRANSPORTATION PROGRAMS, ACTIVITIES AND SERVICES
29 NOT OTHERWISE FULLY FUNDED THROUGH THE OPERATING PROGRAM,
30 CAPITAL PROGRAM OR ASSET IMPROVEMENT PROGRAM. IN ADDITION TO ANY
20070H1590B2342 - 211 -
1 REQUIREMENTS CONTAINED IN THIS SECTION, APPLICATIONS MUST COMPLY
2 WITH THE SECTION 1507 (RELATING TO APPLICATION AND APPROVAL <--
3 PROCESS). PROGRAMS OF STATEWIDE SIGNIFICANCE SHALL INCLUDE:
4 (1) THE PERSONS WITH DISABILITIES PROGRAM.
5 (2) INTERCITY PASSENGER RAIL AND BUS SERVICES. <--
6 (3) COMMUNITY TRANSPORTATION CAPITAL AND SERVICE
7 STABILIZATION.
8 (4) THE WELFARE TO WORK PROGRAM AND MATCHING FUNDS FOR
9 FEDERAL PROGRAMS WITH SIMILAR INTENT.
10 (5) DEMONSTRATION AND RESEARCH PROJECTS.
11 (6) TECHNICAL ASSISTANCE.
12 (7) OTHER PROGRAMS AS DETERMINED BY THE DEPARTMENT.
13 (8) THE DEPARTMENT'S COSTS UNDER SECTION 1510(B)
14 (RELATING TO PROGRAM OVERSIGHT AND ADMINISTRATION) AND
15 SECTION 1518 (RELATING TO PROGRAM OVERSIGHT AND
16 ADMINISTRATION).
17 (B) PERSONS WITH DISABILITIES.--THE DEPARTMENT SHALL
18 ESTABLISH AND ADMINISTER A PROGRAM PROVIDING REDUCED FARES TO
19 PERSONS WITH DISABILITIES ON COMMUNITY TRANSPORTATION SERVICES
20 AND TO PROVIDE FINANCIAL ASSISTANCE FOR START-UP, ADMINISTRATIVE
21 AND CAPITAL EXPENSES RELATED TO REDUCED FARES FOR PERSONS WITH
22 DISABILITIES. ALL OF THE FOLLOWING SHALL APPLY:
23 (1) A COMMUNITY TRANSPORTATION SYSTEM OPERATING IN THE
24 COMMONWEALTH OTHER THAN IN COUNTIES OF THE FIRST AND SECOND
25 CLASS MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS
26 SUBSECTION.
27 (2) THE DEPARTMENT MAY AWARD FINANCIAL ASSISTANCE UNDER
28 THIS SUBSECTION FOR PROGRAM START-UP AND FOR CONTINUING
29 CAPITAL EXPENSES TO OFFSET ADMINISTRATIVE AND CAPITAL
30 EXPENSES. FOR COMMUNITY TRANSPORTATION TRIPS MADE BY ELIGIBLE
20070H1590B2342 - 212 -
1 PERSONS WITH DISABILITIES, FINANCIAL ASSISTANCE MAY BE
2 AWARDED TO AN ELIGIBLE COMMUNITY TRANSPORTATION SYSTEM TO
3 REIMBURSE THE SYSTEM FOR UP TO 85% OF THE FARE ESTABLISHED
4 FOR THE GENERAL PUBLIC FOR EACH TRIP WHICH IS OUTSIDE OF A
5 FIXED-ROUTE AND PARATRANSIT SERVICE AREAS AND NOT ELIGIBLE
6 FOR FUNDING FROM ANY OTHER PROGRAM OR FUNDING SOURCE. THE
7 PERSON MAKING THE TRIP OR AN APPROVED THIRD-PARTY SPONSOR
8 SHALL CONTRIBUTE THE GREATER OF 15% OF THE FARE ESTABLISHED
9 FOR THE GENERAL PUBLIC OR THE AMERICANS WITH DISABILITIES ACT
10 COMPLEMENTARY PARATRANSIT FARE.
11 (C) INTERCITY TRANSPORTATION.--THE DEPARTMENT IS AUTHORIZED
12 TO PROVIDE FINANCIAL ASSISTANCE FOR AN EFFICIENT AND COORDINATED
13 INTERCITY COMMON CARRIER SURFACE TRANSPORTATION PROGRAM,
14 CONSISTING OF BOTH INTERCITY RAIL PASSENGER RAIL SERVICE AND <--
15 INTERCITY BUS SERVICE TRANSPORTATION, WITH THE INTENT OF <--
16 SUSTAINING STRONG INTERCITY CONNECTIONS. ALL OF THE FOLLOWING
17 SHALL APPLY:
18 (1) AN INTERCITY PASSENGER RAIL SERVICE PROVIDER, A
19 LOCAL TRANSPORTATION ORGANIZATION, AN AGENCY OR
20 INSTRUMENTALITY OF THE COMMONWEALTH OR A TRANSPORTATION
21 COMPANY THAT PROVIDES INTERCITY PUBLIC TRANSPORTATION SERVICE
22 MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. THE
23 DEPARTMENT IS AUTHORIZED TO ENTER INTO JOINT SERVICE
24 AGREEMENTS WITH A RAILROAD COMPANY, ANY OTHER AGENCY OR
25 INSTRUMENTALITY OF THE COMMONWEALTH, A FEDERAL AGENCY OR AN
26 AGENCY OR INSTRUMENTALITY OF ANY OTHER JURISDICTION RELATING
27 TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES,
28 RATES, FARES, CLASSIFICATIONS, DIVIDENDS, ALLOWANCES OR
29 CHARGES, INCLUDING CHARGES BETWEEN INTERCITY RAIL PASSENGER
30 SERVICE FACILITIES, OR RULES OR REGULATIONS PERTAINING
20070H1590B2342 - 213 -
1 THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO
2 TRANSPORTATION IN WHOLE OR IN PART UPON INTERCITY RAIL
3 PASSENGER SERVICE FACILITIES.
4 (2) OPERATING ASSISTANCE AND CAPITAL ASSISTANCE MAY BE
5 PROVIDED FOR INTERCITY BUS AND RAIL SERVICES SERVICE AND <--
6 INTERCITY PASSENGER RAIL SERVICE AS DETERMINED BY THE
7 DEPARTMENT.
8 (3) FOR FINANCIAL ASSISTANCE TO A TRANSPORTATION
9 COMPANY, ELIGIBLE MATCHING FUNDS SHALL CONSIST ONLY OF CASH
10 INCOME GENERATED BY THE TRANSPORTATION COMPANY FROM ITS
11 ACTIVITIES, OTHER THAN THE PROVISION OF SUBSIDIZED PUBLIC
12 PASSENGER TRANSPORTATION SERVICE, AND CONTRIBUTED BY THE
13 TRANSPORTATION COMPANY IN THE AMOUNT AND FOR THE TIME PERIOD
14 SPECIFIED IN THE FINANCIAL ASSISTANCE AGREEMENT.
15 (4) LOCAL MATCH REQUIREMENTS ARE AS FOLLOWS:
16 (I) FOR INTERCITY BUS SERVICE OPERATING AND CAPITAL <--
17 ASSISTANCE, FINANCIAL ASSISTANCE SHALL REQUIRE A LOCAL
18 MATCH BY LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT EQUAL
19 TO AT LEAST 100% OF THE AMOUNT OF THE FINANCIAL
20 ASSISTANCE BEING PROVIDED.
21 (II) FOR INTERCITY RAIL PASSENGER RAIL SERVICE <--
22 OPERATING AND CAPITAL ASSISTANCE, FINANCIAL ASSISTANCE
23 SHALL REQUIRE A LOCAL MATCH ON A CASE-BY-CASE BASIS,
24 TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
25 COMMONWEALTH.
26 (5) FOR PURPOSES OF THIS SUBSECTION, "LOCAL MATCH" IS
27 DEFINED AS LOCAL REVENUE OBTAINED FROM OTHER NONSUBSIDIZED
28 SERVICES, SUCH AS CHARTER, SCHOOL BUS OR PROFITS REALIZED
29 FROM OTHER INTERCITY BUS SERVICES. LOCAL MATCH SHALL NOT
30 INCLUDE ANY FUNDS RECEIVED FROM FEDERAL OR STATE SOURCES.
20070H1590B2342 - 214 -
1 (D) COMMUNITY TRANSPORTATION.--
2 (1) THE DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL
3 ASSISTANCE UNDER THIS SECTION FOR ALL OF THE FOLLOWING:
4 (I) CAPITAL EXPENDITURES FOR THE PROVISION OF
5 COMMUNITY TRANSPORTATION SERVICE; AND
6 (II) SERVICE STABILIZATION, INCLUDING:
7 (A) STABILIZING CURRENT SERVICE AND FARES.
8 (B) PROVIDING ADVICE OR TECHNICAL ASSISTANCE TO
9 ANALYZE AND ENHANCE COMMUNITY TRANSPORTATION SYSTEM
10 RESOURCES AND SERVICES.
11 (C) MAXIMIZING AVAILABLE FUNDING INCLUDING
12 FEDERAL DOLLARS.
13 (D) ENSURING EQUITABLE COST SHARING.
14 (2) SUBJECT TO THE LIMITATIONS OF THIS SUBSECTION, THE
15 FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS
16 SUBSECTION:
17 (I) THE GOVERNING BODY OF A COUNTY, OTHER THAN A
18 COUNTY OF THE FIRST OR SECOND CLASS.
19 (II) A TRANSPORTATION COMPANY DESIGNATED BY THE
20 GOVERNING BODY OF THE COUNTY AS THE COORDINATOR OF
21 COMMUNITY TRANSPORTATION SERVICE.
22 (III) AN AGENCY OR INSTRUMENTALITY OF THE
23 COMMONWEALTH. <--
24 (2.1) EACH ELIGIBLE APPLICANT SHALL BE SUBJECT TO ALL OF
25 THE FOLLOWING REQUIREMENTS:
26 (I) AN APPLICANT FOR FINANCIAL ASSISTANCE FOR
27 CAPITAL EXPENDITURES FOR THE PROVISION OF PUBLIC
28 COMMUNITY TRANSPORTATION SERVICE SHALL CERTIFY TO THE
29 DEPARTMENT THAT IT HAS TAKEN ALL REASONABLE STEPS TO
30 COORDINATE LOCAL SERVICE FOR THE ELDERLY AND PERSONS WITH
20070H1590B2342 - 215 -
1 DISABILITIES AND THAT THE SERVICES TO BE OFFERED WITH THE
2 CAPITAL ASSETS DO NOT DUPLICATE EXISTING FIXED-ROUTE
3 SERVICES.
4 (II) THE GOVERNING BODY OF A COUNTY OR THE
5 COORDINATOR DESCRIBED UNDER THIS PARAGRAPH SHALL NOT BE
6 ELIGIBLE FOR FINANCIAL ASSISTANCE FOR SERVICE
7 STABILIZATION IF ANY OF THE FOLLOWING APPLY:
8 (A) THE COORDINATOR RECEIVES FINANCIAL
9 ASSISTANCE UNDER THE OPERATING PROGRAM ESTABLISHED
10 UNDER THIS CHAPTER.
11 (B) THE COORDINATOR IS A PRIVATE FOR-PROFIT
12 PROVIDER.
13 (3) FINANCIAL ASSISTANCE FOR SERVICE STABILIZATION MAY
14 ONLY BE PROVIDED FOR THE FOLLOWING PURPOSES:
15 (I) SHORT-TERM, LONG-TERM AND STRATEGIC PLANNING.
16 (II) TECHNOLOGY INVESTMENT.
17 (III) TRAINING PROGRAMS DESIGNED TO ENHANCE
18 TRANSPORTATION MANAGEMENT AND STAFF EXPERTISE.
19 (IV) OFFSETTING OPERATING EXPENSES THAT CANNOT BE
20 COVERED BY FARE REVENUE DUE TO EMERGENCIES.
21 (V) MARKETING ACTIVITIES.
22 (VI) OTHER STABILIZATION PURPOSES APPROVED BY THE
23 DEPARTMENT.
24 (4) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING
25 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR
26 FEDERAL FUNDING TO SUPPORT CAPITAL PROJECTS FOR COMMUNITY
27 TRANSPORTATION SYSTEMS.
28 (5) THE DEPARTMENT SHALL CONDUCT A STUDY TO EVALUATE THE
29 EFFECTIVENESS AND EFFICIENCY OF COMMUNITY TRANSPORTATION
30 SERVICE DELIVERY AS IT RELATES TO HUMAN SERVICE PROGRAMS. THE
20070H1590B2342 - 216 -
1 DEPARTMENT OF PUBLIC WELFARE, THE OFFICE OF THE BUDGET AND
2 THE DEPARTMENT OF AGING AND OTHER APPROPRIATE COMMONWEALTH
3 AGENCIES IDENTIFIED BY THE DEPARTMENT SHALL PARTICIPATE IN
4 THE STUDY. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF
5 THIS SECTION, THESE AGENCIES SHALL MAKE RECOMMENDATIONS TO
6 THE GOVERNOR AND THE MAJORITY AND MINORITY CHAIRPERSONS OF
7 THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE MAJORITY
8 AND MINORITY CHAIRPERSONS OF THE TRANSPORTATION COMMITTEE OF
9 THE HOUSE OF REPRESENTATIVES FOR IMPROVING COORDINATION AND
10 EFFICIENCY OF HUMAN SERVICES AND COMMUNITY TRANSPORTATION.
11 (D.1) WELFARE-TO-WORK AND FEDERAL PROGRAMS MATCH.--THE
12 DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER
13 THIS SECTION TO DESIGN AND IMPLEMENT PROJECTS AND SERVICES AND
14 TO REIMBURSE AWARD RECIPIENTS FOR THE EXPENSES ASSOCIATED WITH
15 THE PROJECTS AND SERVICES THAT IDENTIFY AND ADDRESS PUBLIC
16 PASSENGER TRANSPORTATION AND RELATED BARRIERS PREVENTING
17 INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN THE FEDERAL WELFARE-
18 TO-WORK PROGRAM FROM SECURING AND MAINTAINING EMPLOYMENT AND
19 FROM ACCESSING COMMUNITY SERVICES AND FACILITIES. ALL OF THE
20 FOLLOWING SHALL APPLY:
21 (1) A LOCAL TRANSPORTATION ORGANIZATION, A
22 TRANSPORTATION COMPANY DESIGNATED BY A COUNTY AS THE
23 COORDINATOR OF COMMUNITY TRANSPORTATION SERVICES OR ANY OTHER
24 PERSON APPROVED BY THE DEPARTMENT MAY APPLY TO THE DEPARTMENT
25 FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION.
26 (2) FINANCIAL ASSISTANCE AWARDED UNDER THIS SUBSECTION
27 SHALL BE USED FOR ANY OF THE FOLLOWING PURPOSES:
28 (I) FIXED-ROUTE SERVICE SUBSIDY.
29 (II) CONTRACTED TRANSPORTATION SERVICES.
30 (III) FIXED-ROUTE FARE DISCOUNTS.
20070H1590B2342 - 217 -
1 (IV) COMMUNITY TRANSPORTATION FARE DISCOUNTS.
2 (V) TAXI FARE DISCOUNTS.
3 (VI) MILEAGE REIMBURSEMENT.
4 (VII) VEHICLE PURCHASE, INSURANCE, MAINTENANCE AND
5 REPAIR.
6 (VIII) DRIVER EDUCATION CLASSES.
7 (IX) ADMINISTRATIVE EXPENSES.
8 (X) CASE MANAGEMENT EXPENSES.
9 (XI) ANY OTHER ACTIVITIES CONSISTENT WITH THE
10 TRANSPORTATION RELATED ELEMENTS OF THE WELFARE-TO-WORK
11 PROGRAM.
12 (3) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING
13 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR
14 FEDERAL FUNDING TO SUPPORT PROJECTS WITH SIMILAR PURPOSES AND
15 ELIGIBLE USES, INCLUDING THE FEDERAL JOB ACCESS REVERSE
16 COMMUTE AND NEW FREEDOMS PROGRAMS.
17 (E) TECHNICAL ASSISTANCE AND DEMONSTRATION.--THE DEPARTMENT
18 IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION
19 FOR TECHNICAL ASSISTANCE, RESEARCH AND SHORT-TERM DEMONSTRATION
20 PROJECTS. ALL OF THE FOLLOWING SHALL APPLY:
21 (1) A LOCAL TRANSPORTATION ORGANIZATION OR AN AGENCY OR
22 INSTRUMENTALITY OF THE COMMONWEALTH MAY APPLY TO THE
23 DEPARTMENT FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION.
24 (2) FINANCIAL ASSISTANCE PROVIDED UNDER THIS SUBSECTION
25 MAY BE USED FOR REIMBURSEMENT FOR ANY APPROVED OPERATING OR
26 CAPITAL COSTS RELATED TO TECHNICAL ASSISTANCE AND
27 DEMONSTRATION PROGRAM PROJECTS. FINANCIAL ASSISTANCE FOR
28 SHORT-TERM DEMONSTRATION PROJECTS MAY BE PROVIDED AT THE
29 DEPARTMENT'S DISCRETION ON AN ANNUAL BASIS BASED ON THE LEVEL
30 OF FINANCIAL COMMITMENT PROVIDED BY THE AWARD RECIPIENT TO
20070H1590B2342 - 218 -
1 PROVIDE ONGOING FUTURE FUNDING FOR THE PROJECT AS SOON AS THE
2 PROJECT MEETS THE CRITERIA ESTABLISHED BY THE DEPARTMENT AND
3 THE AWARD RECIPIENT. FINANCIAL ASSISTANCE FOR THIS PURPOSE
4 SHALL NOT BE PROVIDED FOR MORE THAN THREE FISCAL YEARS.
5 FINANCIAL ASSISTANCE MAY BE PROVIDED TO MEET ANY SHORT-TERM
6 EMERGENCY NEED THAT REQUIRES IMMEDIATE ATTENTION AND CANNOT
7 BE FUNDED THROUGH OTHER SOURCES.
8 (3) FINANCIAL ASSISTANCE UNDER THIS SUBSECTION PROVIDED
9 TO A LOCAL TRANSPORTATION ORGANIZATION SHALL BE MATCHED BY
10 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN
11 3.33% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE BEING
12 PROVIDED. THE SOURCES OF FUNDS FOR THE LOCAL MATCH SHALL BE
13 SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) 1513(D)(3) <--
14 (RELATING TO OPERATING PROGRAM).
15 § 1517. CAPITAL IMPROVEMENTS PROGRAM.
16 (A) ELIGIBILITY.--A LOCAL TRANSPORTATION ORGANIZATION MAY
17 APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SECTION.
18 (B) APPLICATIONS.--THE DEPARTMENT SHALL ESTABLISH THE
19 CONTENTS OF THE APPLICATION FOR THE PROGRAM ESTABLISHED UNDER
20 THIS SECTION. THE INFORMATION SHALL BE IN ADDITION TO
21 INFORMATION REQUIRED UNDER SECTION 1507 (RELATING TO APPLICATION
22 AND APPROVAL PROCESS).
23 (C) DISTRIBUTION FORMULA.--THE DEPARTMENT SHALL AWARD
24 FINANCIAL ASSISTANCE UNDER THIS PROGRAM SECTION BASED ON THE <--
25 NUMBER OF PASSENGERS. THE ACTUAL AMOUNT AWARDED TO A LOCAL
26 TRANSPORTATION ORGANIZATION UNDER THIS SUBSECTION SHALL BE
27 CALCULATED AS FOLLOWS:
28 (1) MULTIPLY THE LOCAL TRANSPORTATION ORGANIZATION'S
29 PASSENGERS BY THE TOTAL AMOUNT OF FUNDING AVAILABLE UNDER
30 THIS SECTION.
20070H1590B2342 - 219 -
1 (2) DIVIDE THE PRODUCT UNDER PARAGRAPH (1) BY THE SUM OF
2 THE PASSENGERS FOR ALL QUALIFYING LOCAL TRANSPORTATION
3 ORGANIZATIONS.
4 (D) PAYMENTS.--FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL
5 BE PAID TO LOCAL TRANSPORTATION ORGANIZATIONS AT LEAST
6 QUARTERLY.
7 (E) REDUCTION IN FINANCIAL ASSISTANCE.--LOCAL TRANSPORTATION <--
8 ORGANIZATIONS RECEIVING FINANCIAL ASSISTANCE UNDER THIS SECTION
9 SHALL HAVE THEIR FINANCIAL ASSISTANCE FROM THIS PROGRAM REDUCED
10 BY AN AMOUNT EQUAL TO
11 (E) REDUCTION IN FINANCIAL ASSISTANCE.--FINANCIAL ASSISTANCE <--
12 PROVIDED TO A LOCAL TRANSPORTATION ORGANIZATION UNDER THIS
13 SECTION SHALL BE REDUCED BY ANY FINANCIAL ASSISTANCE RECEIVED
14 PREVIOUSLY UNDER THIS PROGRAM SECTION WHICH HAS NOT BEEN SPENT <--
15 OR COMMITTED IN A CONTRACT WITHIN THREE YEARS OF ITS RECEIPT.
16 § 1518. PROGRAM OVERSIGHT AND ADMINISTRATION.
17 THE DEPARTMENT IS AUTHORIZED TO USE AVAILABLE MONEY IN THE
18 FUND TO COVER THE COSTS INCURRED BY THE DEPARTMENT IN
19 ADMINISTERING ALL OF ITS PUBLIC PASSENGER TRANSPORTATION FUNDING
20 PROGRAMS, INCLUDING THOSE ESTABLISHED UNDER THIS CHAPTER, AND
21 INCURRED IN THE CARRYING OUT OF ITS RESPONSIBILITIES WITH
22 RESPECT TO THE PROGRAMS.
23 § 1519. RETROACTIVE AUTHORITY.
24 (A) DATE OF PROJECT.--FINANCIAL ASSISTANCE MAY BE AWARDED
25 UNDER THIS CHAPTER BY THE DEPARTMENT WITH REFERENCE TO AN
26 APPROPRIATE PROJECT IRRESPECTIVE OF WHEN IT WAS FIRST COMMENCED
27 OR CONSIDERED AND REGARDLESS OF WHETHER COSTS WITH RESPECT TO
28 THE PROJECT WERE INCURRED PRIOR TO THE TIME THE FINANCIAL
29 ASSISTANCE IS APPLIED FOR OR PROVIDED.
30 (B) CAPITAL PROJECTS.--
20070H1590B2342 - 220 -
1 (1) FOR CAPITAL PROJECTS, THE APPLICANT MUST OBTAIN
2 WRITTEN APPROVAL FROM THE DEPARTMENT PRIOR TO INCURRING ANY
3 EXPENSES FOR WHICH THE APPLICANT MAY LATER SEEK
4 REIMBURSEMENT.
5 (2) NOTWITHSTANDING PARAGRAPH (1), APPROVAL BY THE
6 DEPARTMENT SHALL NOT CONSTITUTE AN APPROVAL OF THE
7 APPLICANT'S UNDERLYING REQUEST FOR FINANCIAL ASSISTANCE.
8 (3) BY PROVIDING PREAPPROVAL UNDER THIS SUBSECTION, THE
9 DEPARTMENT MAY RECOGNIZE ANY LOCAL FUNDS ALREADY EXPENDED AS
10 SATISFYING THE LOCAL MATCH REQUIREMENT IF AND WHEN THE
11 APPLICANT'S APPLICATION IS APPROVED.
12 § 1520. EVALUATION OF PRIVATE INVESTMENT OPPORTUNITIES. <--
13 (A) STUDY.--A LOCAL TRANSPORTATION ORGANIZATION RECEIVING
14 FUNDING IN AN AMOUNT GREATER THAN $5,000,000 ANNUALLY UNDER THIS
15 CHAPTER SHALL UNDERTAKE A STUDY TO EVALUATE THE FEASIBILITY OF
16 UTILIZING PARTNERSHIPS WITH PRIVATE SERVICE PROVIDERS AND
17 FINANCIAL PARTNERS AS A METHOD TO OPERATE AND FINANCE NEW OR
18 EXISTING SERVICES. WITHIN ONE YEAR FOLLOWING THE EFFECTIVE DATE
19 OF THIS SECTION, EACH LOCAL TRANSPORTATION ORGANIZATION REQUIRED
20 TO EVALUATE PRIVATE PARTICIPATION UNDER THIS SECTION SHALL
21 SUBMIT A REPORT TO THE SECRETARY AND THE MAJORITY CHAIRPERSON
22 AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE
23 SENATE AND THE MAJORITY CHAIRPERSON AND MINORITY CHAIRPERSON OF
24 THE TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
25 (B) REPORT.--THE REPORT SHALL, AT A MINIMUM, INCLUDE THE
26 RESULTS OF THE EVALUATION, A DETERMINATION OF THE VIABILITY OF
27 GREATER PRIVATE PARTNERING AND ANY RECOMMENDATIONS ABOUT HOW TO
28 ACHIEVE GREATER PARTICIPATION FROM THE PRIVATE SECTOR.
29 (C) PRECLUSION.--NOTHING IN THIS SECTION SHALL PRECLUDE A
30 LOCAL TRANSPORTATION ORGANIZATION RECEIVING LESS THAN $5,000,000
20070H1590B2342 - 221 -
1 ANNUALLY UNDER THIS CHAPTER FROM MAKING AN EVALUATION OF GREATER
2 PRIVATE INVOLVEMENT IN THEIR OPERATIONS.
3 SECTION 4. TITLE 74 IS AMENDED BY ADDING CHAPTERS TO READ: <--
4 CHAPTER 81
5 TURNPIKE
6 SEC.
7 8101. SCOPE OF CHAPTER.
8 8102. DEFINITIONS.
9 8103. (RESERVED).
10 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
11 OBLIGATIONS.
12 8105. COMMISSION.
13 8106. EXERCISE OF COMMISSION POWERS.
14 8107. COMMISSION POWERS AND DUTIES.
15 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS.
16 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION.
17 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION.
18 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED.
19 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER
20 OBLIGATIONS.
21 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED.
22 8114. TRUST INDENTURE AUTHORIZED.
23 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT.
24 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE.
25 8117. ELECTRONIC TOLL COLLECTION.
26 8118. REFUNDING BONDS.
27 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES.
28 8120. AUTHORITY GRANTED TO SECRETARY.
29 8121. (RESERVED).
30 8122. (RESERVED).
20070H1590B2342 - 222 -
1 8123. CONSTRUCTION OF CHAPTER.
2 § 8101. SCOPE OF CHAPTER.
3 THIS CHAPTER RELATES TO TURNPIKE ORGANIZATION, EXTENSION AND
4 TOLL ROAD CONVERSION.
5 § 8102. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION.
10 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL
11 OF THE FOLLOWING:
12 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR
13 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM
14 AND CONNECTING ROADS, TUNNELS AND BRIDGES.
15 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR
16 PORTIONS OF THE SYSTEMS, THE PLACING OF THE SYSTEMS IN <--
17 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR
18 CONSTRUCTION AND OPERATION OF THE SYSTEMS.
19 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND
20 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT
21 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR
22 EXTENDING UNDER PARAGRAPH (1) OR (2).
23 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST
24 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER
25 COMPLETION OF CONSTRUCTION.
26 (5) ANY OF THE FOLLOWING:
27 (I) TRAFFIC ESTIMATES AND OF, ENGINEERING AND LEGAL <--
28 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF
29 COST AND OF REVENUES.
30 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO
20070H1590B2342 - 223 -
1 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE
2 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND
3 LEGAL EXPENSES.
4 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT
5 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE
6 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR
7 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE
8 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES.
9 (IV) THE COSTS OF SYSTEMS OF PUBLIC PASSENGER <--
10 TRANSPORTATION OR PORTIONS OF THE SYSTEMS AND THE PLACING
11 OF THE SYSTEMS IN OPERATION AND THE CONDEMNATION OF
12 PROPERTY NECESSARY FOR CONSTRUCTION AND OPERATION OF THE <--
13 TURNPIKES.
14 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE
15 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE
16 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND
17 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER
18 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES
19 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION,
20 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND
21 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS,
22 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC
23 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS.
24 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE
25 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A
26 COST OF THE DEPARTMENT.
27 "COST OF THE TURNPIKES." THE TERM INCLUDES THE COST OF:
28 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR
29 EXTENDING TURNPIKES, CONNECTING ROADS, STORM WATER MANAGEMENT
30 SYSTEMS, BUILDINGS, INTERCHANGES, SLIP RAMPS, TUNNELS AND <--
20070H1590B2342 - 224 -
1 BRIDGES.
2 (2) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND
3 FRANCHISES ACQUIRED BY PURCHASE OR OTHER MEANS DEEMED
4 NECESSARY OR CONVENIENT FOR CONSTRUCTION.
5 (3) MACHINERY AND EQUIPMENT, FINANCING CHARGES AND
6 INTEREST.
7 (4) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL EXPENSES,
8 PLANS, SPECIFICATIONS, SURVEYS, COST AND REVENUE ESTIMATES,
9 OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE
10 FEASIBILITY OR PRACTICABILITY OF THE ENTERPRISE,
11 ADMINISTRATIVE AND LEGAL EXPENSE AND OTHER EXPENSES AS MAY BE
12 NECESSARY OR INCIDENT TO THE FINANCING AUTHORIZED IN THIS
13 CHAPTER.
14 (5) CONDEMNATION OR OTHER MEANS OF ACQUISITION OF
15 PROPERTY NECESSARY FOR THE CONSTRUCTION AND OPERATION OF THE
16 TURNPIKES.
17 (6) AN OBLIGATION OR EXPENSE CONTRACTED FOR BY THE
18 COMMISSION WITH THE DEPARTMENT OR WITH THE UNITED STATES OR A
19 FEDERAL AGENCY FOR ANY OF THE FOLLOWING:
20 (I) TRAFFIC SURVEYS, PREPARATION OF PLANS AND
21 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER
22 ENGINEERING AND ADMINISTRATIVE AND LEGAL SERVICES AND
23 EXPENSES IN CONNECTION WITH THE CONSTRUCTION,
24 RECONSTRUCTION, WIDENING, EXPANSION OR EXTENSION OF THE
25 TURNPIKE OR ANY OF THE CONNECTING ROADS, STORM WATER
26 MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND
27 BRIDGES.
28 (II) COSTS OF REIMBURSING THE FEDERAL GOVERNMENT
29 PURSUANT TO THE MANDATES OF THE FEDERAL LAW FOR FEDERAL
30 FUNDS EXPENDED FOR INTERSTATE OR OTHER HIGHWAYS WHICH ARE
20070H1590B2342 - 225 -
1 TO BE MADE PART OF THE TURNPIKE SYSTEM PURSUANT TO THIS
2 CHAPTER.
3 (7) ANY PORTION OF THE SCHEDULED ANNUAL COMMISSION <--
4 CONTRIBUTION REQUIRED TO BE PAID BY THE COMMISSION UNDER 75
5 PA.C.S. CH. 89 (RELATING TO PENNSYLVANIA TURNPIKE).
6 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
7 COMMONWEALTH.
8 "ELECTRONIC TOLL COLLECTION." A SYSTEM OF COLLECTING TOLLS
9 OR CHARGES THAT IS CAPABLE OF CHARGING AN ACCOUNT HOLDER FOR THE
10 PRESCRIBED TOLL BY ELECTRONIC TRANSMISSION OF INFORMATION
11 BETWEEN A DEVICE ON A VEHICLE AND A DEVICE IN A TOLL LANE AT A
12 TOLL COLLECTION FACILITY.
13 "LESSEE." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
14 ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR
15 THE USE OF A VEHICLE AND HAS EXCLUSIVE USE OF THE VEHICLE FOR
16 ANY PERIOD OF TIME.
17 "LESSOR." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
18 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING
19 OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT,
20 LEASE OR OTHER AGREEMENT UNDER WHICH THE LESSEE HAS THE
21 EXCLUSIVE USE OF THE VEHICLE FOR ANY PERIOD OF TIME.
22 "OPERATOR." AN INDIVIDUAL THAT USES OR OPERATES A VEHICLE
23 WITH OR WITHOUT PERMISSION OF THE OWNER.
24 "OWNER." EXCEPT AS PROVIDED UNDER SECTION 8116.1(E) 8117(E) <--
25 (RELATING TO ELECTRONIC TOLL COLLECTION), AN INDIVIDUAL,
26 COPARTNERSHIP, ASSOCIATION OR CORPORATION HAVING TITLE OR
27 INTEREST IN A PROPERTY RIGHT, EASEMENT OR FRANCHISE AUTHORIZED
28 TO BE ACQUIRED UNDER THIS CHAPTER.
29 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN
30 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT UP PLACE THAT
20070H1590B2342 - 226 -
1 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF
2 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY
3 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF
4 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR
5 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT
6 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES.
7 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN
8 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS
9 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS
10 THE TOWNSHIP STATE HIGHWAY LAW, AND ALL OTHER ROADS AND HIGHWAYS
11 SPECIFICALLY DESIGNATED BY THE SECRETARY OF THE COMMONWEALTH AS
12 RURAL STATE HIGHWAYS.
13 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE
14 COMMONWEALTH.
15 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE
16 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY
17 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203),
18 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY
19 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY,
20 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE STREET MAY HAVE
21 BEEN TAKEN OVER AS A STATE HIGHWAY.
22 "SYSTEM OF PUBLIC PASSENGER TRANSPORTATION." A SYSTEM OF
23 PUBLIC PASSENGER TRANSPORTATION, INCLUDING RAIL TRANSPORTATION
24 FACILITIES USED FOR PUBLIC PASSENGER TRANSPORTATION, WHICH MAY
25 INCLUDE THE ANY OF FOLLOWING:
26 (1) RAILWAY, STREET RAILWAY, SUBWAY, ELEVATED AND
27 MONORAIL PASSENGER OR PASSENGER AND RAIL ROLLING STOCK,
28 INCLUDING SELF-PROPELLED AND GALLERY CARS, LOCOMOTIVES,
29 PASSENGER BUSES AND WIRES, POLES AND EQUIPMENT FOR THE
30 ELECTRIFICATION OF ANY OF THE RAILS, TRACKS AND ROADBEDS,
20070H1590B2342 - 227 -
1 GUIDEWAYS, ELEVATED STRUCTURES, BUILDINGS, STATIONS,
2 TERMINALS, DOCKS, SHELTERS AND PARKING AREAS FOR USE IN
3 CONNECTION WITH THE RAIL TRANSPORTATION SYSTEMS,
4 INTERCONNECTING LINES AND TUNNELS TO PROVIDE PASSENGER OR
5 PASSENGER AND RAIL SERVICE CONNECTIONS BETWEEN TRANSPORTATION
6 SYSTEMS, TRANSPORTATION ROUTES, CORRIDORS AND RIGHTS-OF-WAY
7 THEREFOR, BUT NOT FOR PUBLIC HIGHWAYS.
8 (2) SIGNAL AND COMMUNICATION SYSTEMS NECESSARY OR
9 DESIRABLE FOR THE CONSTRUCTION, OPERATION OR IMPROVEMENT OF A
10 PUBLIC PASSENGER TRANSPORTATION SYSTEM.
11 (3) ANY IMPROVEMENT OR OVERHAUL OF ANY VEHICLE EQUIPMENT
12 OR FURNISHINGS OF ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS
13 (1) AND (2) OR ANY PART OR FRACTIONAL AND UNDIVIDED CO-
14 OWNERSHIP OR LEASEHOLD INTEREST IN ANY ONE OR COMBINATION OF
15 ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS (1) AND (2) THAT
16 MAY BE DESIGNATED AS A SYSTEM OF PUBLIC PASSENGER
17 TRANSPORTATION BY THE SECRETARY OF TRANSPORTATION.
18 "TOLL ROAD CONVERSION." THE INCLUSION WITHIN THE TURNPIKE
19 SYSTEM AND THE IMPOSITION OF TOLLS ON THE SYSTEM OF A HIGHWAY
20 THAT IS PRESENTLY TOLL FREE.
21 "TURNPIKES." ANY OF THE FOLLOWING:
22 (1) THE TURNPIKE, TURNPIKE EXTENSIONS AND TURNPIKE
23 IMPROVEMENTS.
24 (2) TOLL-FREE ROADS CONVERTED OR TO BE CONVERTED TO TOLL
25 ROADS UNDER THIS CHAPTER.
26 (3) RELATED STORM WATER MANAGEMENT SYSTEMS,
27 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES, PROPERTY
28 RIGHTS, EASEMENTS AND FRANCHISES DEEMED NECESSARY OR
29 CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING,
30 EXPANSION, EXTENSION OR THE OPERATION OF THE TURNPIKE,
20070H1590B2342 - 228 -
1 TURNPIKE EXTENSION, TURNPIKE IMPROVEMENT AND TOLL-FREE ROADS.
2 "VEHICLE." THE TERM AS IT IS DEFINED UNDER 75 PA.C.S. § 102
3 (RELATING TO DEFINITIONS).
4 "VIOLATION ENFORCEMENT SYSTEM." A VEHICLE SENSOR, PLACED IN
5 A LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION
6 FACILITY, WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR
7 PHOTOGRAPH, MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF THE REAR
8 PORTION OF EACH VEHICLE AT THE TIME THE VEHICLE IS USED OR
9 OPERATED IN VIOLATION OF THE TOLL COLLECTION REGULATIONS. THE
10 TERM INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY
11 PHOTOGRAPHIC, ELECTRONIC OR OTHER METHOD.
12 § 8103. (RESERVED).
13 § 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER
14 OBLIGATIONS.
15 (A) GENERAL RULE.--THE TURNPIKE REVENUE BONDS, NOTES OR
16 OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF THIS CHAPTER
17 SHALL NOT BE DEEMED TO BE A DEBT OF THE COMMONWEALTH OR A PLEDGE
18 OF THE FAITH AND CREDIT OF THE COMMONWEALTH, BUT BONDS, NOTES OR
19 OTHER OBLIGATIONS SHALL BE PAYABLE SOLELY FROM THE REVENUES OF
20 THE COMMISSION, INCLUDING TOLLS, OR FROM FUNDS AS MAY BE
21 AVAILABLE TO THE COMMISSION FOR THAT PURPOSE.
22 (B) STATEMENT REQUIRED.--ALL BONDS, NOTES OR OTHER
23 OBLIGATIONS SHALL CONTAIN A STATEMENT ON THEIR FACE THAT THE
24 COMMONWEALTH IS NOT OBLIGATED TO PAY THE SAME OR THE INTEREST
25 THEREON EXCEPT FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS,
26 OR FROM FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT
27 PURPOSE AND THAT THE FAITH AND CREDIT OF THE COMMONWEALTH IS NOT
28 PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR INTEREST OF THE
29 BONDS, NOTES OR OTHER OBLIGATIONS.
30 (C) PLEDGE OF COMMONWEALTH PROHIBITED.--THE ISSUANCE OF
20070H1590B2342 - 229 -
1 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE
2 PROVISIONS OF THIS CHAPTER SHALL NOT DIRECTLY OR INDIRECTLY OR
3 CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY OR TO PLEDGE ANY
4 FORM OF TAXATION OR TO MAKE ANY APPROPRIATION FOR THEIR PAYMENT.
5 § 8105. COMMISSION.
6 (A) (RESERVED).
7 (B) VACANCIES AND TERMS.--
8 (1) NOTWITHSTANDING ANY OTHER LAW, ANY VACANCY IN THE
9 MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY APPOINTMENT
10 OF THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF TWO-
11 THIRDS OF THE MEMBERS ELECTED TO THE SENATE.
12 (2) THE APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR
13 YEARS. UPON
14 THE EXPIRATION OF THIS TERM, THE APPOINTED MEMBER MAY
15 CONTINUE TO HOLD OFFICE FOR 90 DAYS OR UNTIL HIS SUCCESSOR SHALL <--
16 BE DULY APPOINTED AND QUALIFIED. , WHICHEVER PERIOD IS SHORTER, <--
17 BUT SHALL NOT CONTINUE TO HOLD OFFICE THEREAFTER UNLESS
18 REAPPOINTED IN ACCORDANCE WITH LAW.
19 (C) (RESERVED).
20 (D) SECRETARY.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
21 APPLY TO THE APPOINTMENT OF THE SECRETARY WHO SHALL CONTINUE TO
22 BE APPOINTED AND TO SERVE AS A MEMBER OF THE COMMISSION EX
23 OFFICIO IN ACCORDANCE WITH LAW.
24 (E) CHAIRMAN.--A MAJORITY OF THE MEMBERS OF THE COMMISSION
25 SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS CHAIRMAN.
26 UPON THE APPOINTMENT AND QUALIFICATION OF ANY NEW MEMBER TO
27 SERVE ON THE COMMISSION, THE OFFICE OF CHAIRMAN, AND THE
28 POSITIONS OF ALL OTHER OFFICERS CREATED BY LAW, SHALL BE DEEMED
29 VACANT, AND A NEW CHAIRMAN AND OTHER OFFICERS SHALL BE ELECTED
30 BY A MAJORITY OF THE MEMBERS OF THE COMMISSION.
20070H1590B2342 - 230 -
1 (F) ACTIONS BY THE COMMISSION.--NOTWITHSTANDING ANY OTHER
2 LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE CONTRARY, ANY
3 AND ALL ACTIONS BY OR ON BEHALF OF THE COMMISSION SHALL BE TAKEN
4 SOLELY UPON THE APPROVAL OF A MAJORITY OF THE MEMBERS TO THE
5 COMMISSION. THE TERM "ACTIONS BY OR ON BEHALF OF THE COMMISSION" <--
6 COMMISSION," AS USED IN THIS SUBSECTION, MEANS ANY ACTION <--
7 WHATSOEVER OF THE COMMISSION, INCLUDING, BUT NOT LIMITED TO, THE
8 HIRING, APPOINTMENT, REMOVAL, TRANSFER, PROMOTION OR DEMOTION OF
9 ANY OFFICERS AND EMPLOYEES; THE RETENTION, USE OR REMUNERATION
10 OF ANY ADVISORS, COUNSEL, AUDITORS, ARCHITECTS, ENGINEERS OR
11 CONSULTANTS; THE INITIATION OF ANY LEGAL ACTION; THE MAKING OF
12 ANY CONTRACTS, LEASES, AGREEMENTS, BONDS, NOTES OR COVENANTS;
13 THE APPROVAL OF REQUISITIONS, PURCHASE ORDERS, INVESTMENTS AND
14 REINVESTMENTS; AND THE ADOPTION, AMENDMENT, REVISION OR
15 RESCISSION OF ANY RULES AND REGULATIONS, ORDERS OR OTHER
16 DIRECTIVES. THE CHAIRMAN, VICE CHAIRMAN OR ANY OTHER OFFICER OR
17 EMPLOYEE OF THE COMMISSION MAY TAKE NO ACTION BY OR ON BEHALF OF
18 THE COMMISSION EXCEPT AS EXPRESSLY AUTHORIZED BY A MAJORITY OF
19 THE MEMBERS OF THE COMMISSION.
20 (G) COMPENSATION.--THE ANNUAL SALARY OF THE CHAIRMAN OF THE
21 PENNSYLVANIA TURNPIKE COMMISSION SHALL BE $28,500, AND THE
22 ANNUAL SALARY OF THE REMAINING MEMBERS OF THE PENNSYLVANIA
23 TURNPIKE COMMISSION SHALL BE $26,000. THESE SALARIES SHALL BE
24 PAID IN EQUAL INSTALLMENTS EVERY OTHER WEEK.
25 § 8106. EXERCISE OF COMMISSION POWERS.
26 THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY
27 THIS CHAPTER IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
28 THE TURNPIKES AND IN EFFECTING TOLL ROAD CONVERSIONS SHALL BE
29 DEEMED AND HELD TO BE AN ESSENTIAL GOVERNMENTAL FUNCTION OF THE
30 COMMONWEALTH.
20070H1590B2342 - 231 -
1 § 8107. COMMISSION POWERS AND DUTIES.
2 (A) POWERS AND DUTIES OF COMMISSION.--THE COMMISSION MAY:
3 (1) MAINTAIN A PRINCIPAL OFFICE AT A PLACE DESIGNATED BY
4 THE COMMISSION.
5 (2) CONTRACT AND BE CONTRACTED WITH IN ITS OWN NAME.
6 (3) SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE
7 IMPLEADED. ANY CIVIL ACTION AGAINST THE COMMISSION SHALL BE
8 BROUGHT ONLY IN THE COURTS IN WHICH ACTIONS MAY BE BROUGHT
9 AGAINST THE COMMONWEALTH.
10 (4) HAVE AN OFFICIAL SEAL.
11 (5) MAKE NECESSARY RULES AND REGULATIONS FOR ITS OWN
12 GOVERNANCE AND IN CONTROL OF TRAFFIC.
13 (6) ACQUIRE, HOLD, ACCEPT, OWN, USE, HIRE, LEASE,
14 EXCHANGE, OPERATE AND DISPOSE OF PERSONAL PROPERTY, REAL
15 PROPERTY AND INTERESTS IN REAL PROPERTY AND MAKE AND ENTER
16 INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR INCIDENTAL TO
17 THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS
18 UNDER THIS CHAPTER AND EMPLOY ENGINEERING, TRAFFIC,
19 ARCHITECTURAL AND CONSTRUCTION EXPERTS AND INSPECTORS,
20 ATTORNEYS AND OTHER EMPLOYEES AS MAY IN ITS JUDGMENT BE
21 NECESSARY AND FIX THEIR COMPENSATION.
22 (7) PROVIDE GRADE SEPARATIONS AT ITS OWN EXPENSE WITH
23 RESPECT TO ALL PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE
24 HIGHWAYS INTERSECTED BY THE TURNPIKES AND TO CHANGE AND
25 ADJUST THE LINES AND GRADES THEREOF SO AS TO ACCOMMODATE THE
26 SAME TO THE DESIGN FOR GRADE SEPARATION.
27 (I) THE DAMAGES INCURRED IN CHANGING AND ADJUSTING
28 THE LINES AND GRADES OF PUBLIC ROADS, STATE HIGHWAYS AND
29 INTERSTATE HIGHWAYS SHALL BE ASCERTAINED AND PAID BY THE
30 COMMISSION IN ACCORDANCE WITH 26 PA.C.S. (RELATING TO
20070H1590B2342 - 232 -
1 EMINENT DOMAIN).
2 (II) IF THE COMMISSION SHALL FIND IT NECESSARY TO
3 PROVIDE A GRADE SEPARATION OR CHANGE THE SITE OF ANY
4 PORTION OF ANY INTERSTATE HIGHWAY, STATE HIGHWAY OR
5 PUBLIC ROAD, OR VACATE THE SAME, THE COMMISSION SHALL
6 CAUSE IT TO BE RECONSTRUCTED AND RESTORED AT THE
7 COMMISSION'S EXPENSE ON THE MOST FAVORABLE LOCATION AND
8 IN AS SATISFACTORY A MANNER AS THE ORIGINAL ROAD OR
9 VACATE IT AS THE CASE MAY BE.
10 (III) THE METHOD OF ACQUIRING THE RIGHT-OF-WAY AND
11 DETERMINING DAMAGES INCURRED IN CHANGING THE LOCATION OF
12 OR VACATING THE ROAD, STATE HIGHWAY OR INTERSTATE HIGHWAY
13 SHALL BE ASCERTAINED AND PAID FOR IN ACCORDANCE WITH 26
14 PA.C.S.
15 (8) PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN
16 WHICH ANY PUBLIC ROAD OR PART THEREOF IS LOCATED AND AFFECTED
17 BY THE LOCATION OF THE TURNPIKES, FOR THE VACATION,
18 RELOCATION OR SUPPLY OF THE SAME OR ANY PART THEREOF WITH THE
19 SAME FORCE AND EFFECT AS IS NOW GIVEN BY EXISTING LAWS TO THE
20 INHABITANTS OF ANY TOWNSHIP OR THE COUNTY, AND THE
21 PROCEEDINGS UPON PETITION, WHETHER FOR THE APPOINTMENT OF
22 VIEWERS OR OTHERWISE, SHALL BE THE SAME AS PROVIDED BY
23 EXISTING LAW FOR SIMILAR PROCEEDINGS UPON THE PETITIONS.
24 (9) NEGOTIATE AND ENTER INTO INTEREST RATE SWAPS AND
25 OTHER INTEREST RATE HEDGES TO ASSIST THE COMMISSION IN
26 MANAGING INTEREST COST AND RATE RISK IN CONNECTION WITH ITS
27 DEBT.
28 (10) PROVIDE FOR COSTS OF THE DEPARTMENT.
29 (11) HAVE ALL OF THE POWERS AND PERFORM ALL THE DUTIES
30 PRESCRIBED BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211),
20070H1590B2342 - 233 -
1 REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION ACT.
2 (B) MAINTENANCE TO BE PAID OUT OF TOLLS.--
3 (1) THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AND TOLL-
4 FREE ROADS CONVERTED TO TOLL ROADS WHEN COMPLETED AND OPEN TO
5 TRAFFIC SHALL BE MAINTAINED AND REPAIRED BY AND UNDER THE
6 CONTROL OF THE COMMISSION.
7 (2) ALL CHARGES AND COSTS FOR THE MAINTENANCE AND
8 REPAIRS ACTUALLY EXPENDED BY THE COMMISSION SHALL BE PAID OUT
9 OF TOLLS.
10 (3) THE TURNPIKE, THE TURNPIKE EXTENSIONS AND
11 IMPROVEMENTS AND THE TOLL-FREE ROADS CONVERTED TO TOLL ROADS
12 SHALL ALSO BE POLICED AND OPERATED BY A FORCE OF POLICE, TOLL
13 TAKERS AND OTHER OPERATING EMPLOYEES AS THE COMMISSION MAY IN
14 ITS DISCRETION EMPLOY.
15 § 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS.
16 (A) PAYMENT OF EXPENSES.--ALL COMPENSATION AND SALARIES AND
17 ALL EXPENSES INCURRED IN CARRYING OUT THE PROVISIONS OF THIS
18 CHAPTER SHALL BE PAID SOLELY FROM FUNDS PROVIDED UNDER THE
19 AUTHORITY OF THIS CHAPTER, AND NO LIABILITY OR OBLIGATION SHALL
20 BE INCURRED UNDER THIS CHAPTER BEYOND THE EXTENT TO WHICH MONEY
21 SHALL HAVE BEEN PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER.
22 (B) NO ADDITIONAL BOND REQUIRED.--THE ISSUANCE OF ANY
23 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE
24 PROVISIONS OF THIS CHAPTER SHALL NOT CAUSE ANY MEMBER OF THE
25 COMMISSION TO BE REQUIRED TO EXECUTE A BOND THAT A MEMBER OF THE
26 COMMISSION IS NOT OTHERWISE REQUIRED TO EXECUTE.
27 § 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION.
28 (A) CONDEMNATION.--THE COMMISSION MAY CONDEMN, PURSUANT TO
29 26 PA.C.S. (RELATING TO EMINENT DOMAIN), ANY LANDS, INTERESTS IN
30 LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND
20070H1590B2342 - 234 -
1 OTHER PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE
2 CONSTRUCTION AND EFFICIENT OPERATION OF THE TURNPIKES AND THE
3 TOLL ROAD CONVERSIONS OR NECESSARY IN THE RESTORATION OR
4 RELOCATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR DESTROYED.
5 (B) PURCHASE.--
6 (1) THE COMMISSION MAY ACQUIRE BY PURCHASE, WHENEVER IT
7 SHALL DEEM THE PURCHASE EXPEDIENT, OR OTHERWISE ACCEPT IF
8 DEDICATED TO IT, ANY LANDS, INTERESTS IN LANDS, PROPERTY
9 RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND OTHER
10 PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE CONSTRUCTION
11 AND EFFICIENT OPERATION OF THE TURNPIKES AND TOLL ROAD
12 CONVERSIONS OR NECESSARY IN THE RESTORATION OF PUBLIC OR
13 PRIVATE PROPERTY DAMAGED OR DESTROYED, WHETHER THE PROPERTY
14 HAS BEEN PREVIOUSLY CONDEMNED OR OTHERWISE, UPON TERMS AND AT
15 A PRICE AS MAY BE CONSIDERED BY THE COMMISSION TO BE
16 REASONABLE AND CAN BE AGREED UPON BETWEEN THE COMMISSION AND
17 THE OWNER THEREOF AND TO TAKE TITLE THERETO IN THE NAME OF
18 THE COMMISSION.
19 (2) THE NET PROCEEDS OF THE PURCHASE PRICE PAYABLE TO A
20 MUNICIPALITY OR THE DEPARTMENT FOR ANY REAL PROPERTY OR
21 INTEREST THEREIN OBTAINED BY THE COMMISSION PURSUANT TO THIS
22 CHAPTER, LESS THE COST OF RETIRING ANY BONDED INDEBTEDNESS ON
23 THE PROPERTY OR INTEREST, SHALL BE USED EXCLUSIVELY, IN THE
24 CASE OF A MUNICIPALITY, FOR ROAD-RELATED AND BRIDGE-RELATED
25 EXPENSES AND, IN THE CASE OF THE DEPARTMENT, FOR HIGHWAY AND
26 BRIDGE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE IN THE
27 SAME ENGINEERING AND MAINTENANCE DISTRICT IN WHICH THE
28 PROPERTY IS LOCATED.
29 § 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION.
30 (A) TITLE.--TITLE TO ANY PROPERTY CONDEMNED BY THE
20070H1590B2342 - 235 -
1 COMMISSION SHALL BE TAKEN IN THE NAME OF THE COMMISSION.
2 (B) ENTRY.--
3 (1) IN ADDITION TO ANY OTHERS POWERS SET FORTH IN THIS
4 CHAPTER, THE COMMISSION AND ITS AUTHORIZED AGENTS AND
5 EMPLOYEES MAY ENTER UPON ANY LANDS, WATERS AND PREMISES IN
6 THIS COMMONWEALTH FOR THE PURPOSE OF MAKING SURVEYS,
7 SOUNDINGS, DRILLINGS AND EXAMINATIONS, AS IT MAY DEEM
8 NECESSARY OR CONVENIENT FOR THE PURPOSE OF THIS CHAPTER.
9 (2) THE ENTRY SHALL NOT BE DEEMED A TRESPASS, NOR SHALL
10 AN ENTRY FOR THE PURPOSES BE DEEMED AN ENTRY UNDER ANY
11 CONDEMNATION PROCEEDINGS WHICH MAY BE THEN PENDING.
12 (3) THE COMMISSION SHALL MAKE REIMBURSEMENT FOR ANY
13 ACTUAL DAMAGES RESULTING TO THE LANDS, WATERS AND PREMISES AS
14 A RESULT OF THE ACTIVITIES.
15 (C) RESTORATION OF PROPERTY.--ANY PUBLIC OR PRIVATE PROPERTY
16 DAMAGED OR DESTROYED IN CARRYING OUT THE POWERS GRANTED BY THIS
17 CHAPTER SHALL BE RESTORED OR REPAIRED AND PLACED IN ITS ORIGINAL
18 CONDITION AS NEARLY AS PRACTICABLE OR ADEQUATE COMPENSATION MADE
19 FOR THE PROPERTY OUT OF FUNDS PROVIDED UNDER THE AUTHORITY OF
20 THIS CHAPTER.
21 (D) POWERS OF PUBLIC BODIES.--NOTWITHSTANDING ANY OTHER
22 PROVISION OF LAW TO THE CONTRARY, A POLITICAL SUBDIVISION OR A
23 PUBLIC AGENCY OR COMMISSION OF THE COMMONWEALTH MAY LEASE, LEND,
24 DEDICATE, GRANT, CONVEY OR OTHERWISE TRANSFER TO THE COMMISSION,
25 UPON ITS REQUEST, UPON TERMS AND CONDITIONS AS THE PROPER
26 AUTHORITIES OF THE POLITICAL SUBDIVISION OR PUBLIC AGENCY OR
27 COMMISSION OF THE COMMONWEALTH DEEMS REASONABLE AND FAIR AND
28 WITHOUT THE NECESSITY FOR ANY ADVERTISEMENT, ORDER OF COURT OR
29 OTHER ACTION OR FORMALITY, OTHER THAN THE REGULAR AND FORMAL
30 ACTION OF THE AUTHORITIES CONCERNED, ANY REAL PROPERTY WHICH MAY
20070H1590B2342 - 236 -
1 BE NECESSARY OR CONVENIENT TO THE EFFECTUATION OF THE AUTHORIZED
2 PURPOSES OF THE COMMISSION, INCLUDING PUBLIC ROADS AND OTHER
3 REAL PROPERTY ALREADY DEVOTED TO PUBLIC USE.
4 § 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED.
5 WHENEVER THE COMMISSION HAS CONDEMNED ANY LANDS, RIGHTS,
6 RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES, OR INTERESTS THEREIN,
7 AS PROVIDED IN THIS CHAPTER, THE COMMISSION MAY PROCEED TO
8 OBTAIN POSSESSION IN THE MANNER PROVIDED BY 26 PA.C.S. (RELATING
9 TO THE EMINENT DOMAIN).
10 § 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER
11 OBLIGATIONS.
12 (A) AUTHORIZATION.--
13 (1) A BOND MUST BE AUTHORIZED BY RESOLUTION OF THE
14 COMMISSION. THE RESOLUTION MAY SPECIFY ALL OF THE FOLLOWING:
15 (I) SERIES.
16 (II) DATE OF MATURITY NOT EXCEEDING 40 YEARS FROM
17 DATE OF ISSUE.
18 (III) INTEREST.
19 (IV) DENOMINATION.
20 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT
21 COUPONS.
22 (VI) REGISTRATION, EXCHANGEABILITY AND
23 INTERCHANGEABILITY PRIVILEGES.
24 (VII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT.
25 (VIII) TERMS OF REDEMPTION NOT EXCEEDING 105% OF THE
26 PRINCIPAL AMOUNT OF THE BOND.
27 (IX) PRIORITIES IN THE REVENUES OR RECEIPTS OF THE
28 COMMISSION.
29 (2) A BOND MUST BE SIGNED BY OR SHALL BEAR THE FACSIMILE
30 SIGNATURE OF SUCH OFFICERS AS THE COMMISSION DETERMINES. A
20070H1590B2342 - 237 -
1 BOND MAY BE ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR
2 MORE OF THE SIGNING OFFICERS OR THE TREASURER HAS CEASED TO
3 BE AN OFFICER WHEN THE BOND IS ACTUALLY DELIVERED. A BOND
4 MUST BE AUTHENTICATED BY AN AUTHENTICATING AGENT, A FISCAL
5 AGENT OR A TRUSTEE, IF REQUIRED BY THE AUTHORIZING
6 RESOLUTION.
7 (3) A BOND MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR A
8 PRICE DETERMINED BY THE COMMISSION.
9 (4) PENDING THE PREPARATION OF A DEFINITIVE BOND,
10 INTERIM RECEIPTS OR TEMPORARY BONDS WITHOUT COUPONS MAY BE
11 ISSUED TO THE PURCHASER AND MAY CONTAIN TERMS AND CONDITIONS
12 AS THE COMMISSION DETERMINES.
13 (B) PROVISIONS.--A RESOLUTION AUTHORIZING A BOND MAY CONTAIN
14 PROVISIONS WHICH SHALL BE PART OF THE CONTRACT WITH THE
15 BONDHOLDER AS TO THE FOLLOWING:
16 (1) PLEDGING THE FULL FAITH AND CREDIT OF THE COMMISSION
17 BUT NOT OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION FOR
18 THE BOND OR RESTRICTING THE OBLIGATION OF THE COMMISSION TO
19 ALL OR ANY OF THE REVENUE OF THE COMMISSION FROM ALL OR ANY
20 PROJECTS OR PROPERTIES.
21 (2) THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE
22 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS,
23 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS
24 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL
25 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO
26 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED
27 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL
28 ROADS, THE FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF
29 THE COMMISSION WITH REFERENCE TO THESE MATTERS.
30 (3) TERMS AND PROVISIONS OF THE BOND.
20070H1590B2342 - 238 -
1 (4) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF
2 THE BOND OR OTHER FINANCING MAY BE APPLIED.
3 (5) RATE OF TOLLS AND OTHER CHARGES FOR USE OF THE
4 FACILITIES OF OR FOR THE SERVICES RENDERED BY THE COMMISSION.
5 (6) THE SETTING ASIDE, REGULATION AND DISPOSITION OF
6 RESERVES AND SINKING FUNDS.
7 (7) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS.
8 (8) TERMS AND PROVISIONS OF ANY DEED OF TRUST OR
9 INDENTURE SECURING THE BOND OR UNDER WHICH ANY DEED OF TRUST
10 OR INDENTURE MAY BE ISSUED.
11 (9) OTHER ADDITIONAL AGREEMENTS WITH THE HOLDER OF THE
12 BOND.
13 (C) DEEDS OF TRUST.--THE COMMISSION MAY ENTER INTO ANY DEED
14 OF TRUST, INDENTURE OR OTHER AGREEMENT WITH ANY BANK OR TRUST
15 COMPANY OR OTHER PERSON IN THE UNITED STATES HAVING POWER TO
16 ENTER INTO SUCH AN ARRANGEMENT, INCLUDING ANY FEDERAL AGENCY, AS
17 SECURITY FOR A BOND AND MAY ASSIGN AND PLEDGE ALL OR ANY OF THE
18 REVENUES OR RECEIPTS OF THE COMMISSION UNDER SUCH DEED,
19 INDENTURE OR AGREEMENT. THE DEED OF TRUST, INDENTURE OR OTHER
20 AGREEMENT MAY CONTAIN PROVISIONS AS MAY BE CUSTOMARY IN SUCH
21 INSTRUMENTS OR AS THE COMMISSION MAY AUTHORIZE, INCLUDING
22 PROVISIONS AS TO THE FOLLOWING:
23 (1) FOR THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE
24 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS,
25 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS
26 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL
27 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO
28 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED
29 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL
30 ROADS, FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF THE
20070H1590B2342 - 239 -
1 COMMISSION WITH REFERENCE TO THESE MATTERS.
2 (2) APPLICATION OF FUNDS AND THE SAFEGUARDING OF FUNDS
3 ON HAND OR ON DEPOSIT.
4 (3) RIGHTS AND REMEDIES OF TRUSTEES AND BONDHOLDERS,
5 INCLUDING RESTRICTIONS UPON THE INDIVIDUAL RIGHT OF ACTION OF
6 A BONDHOLDER.
7 (4) TERMS AND PROVISIONS OF THE BOND OR THE RESOLUTION
8 AUTHORIZING THE ISSUANCE OF THE BOND.
9 (D) NEGOTIABILITY.--A BOND SHALL HAVE ALL THE QUALITIES OF
10 NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S. DIV. 3 (RELATING TO
11 NEGOTIABLE INSTRUMENTS).
12 § 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED.
13 ALL MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER OBLIGATIONS
14 ISSUED UNDER THIS CHAPTER SHALL BE APPLIED SOLELY TO THE PAYMENT
15 OF THE COSTS OF THE DEPARTMENT, THE COSTS OF THE TURNPIKES, THE
16 TURNPIKE EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD
17 CONVERSIONS, INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS
18 AS PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL
19 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY
20 SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES
21 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS OR
22 TO THE APPURTENANT FUND. THERE IS CREATED AND GRANTED A LIEN
23 UPON THE MONEY, UNTIL SO APPLIED, IN FAVOR OF HOLDERS OF THE
24 BONDS, NOTES OR OTHER OBLIGATIONS OR THE TRUSTEE PROVIDED FOR IN
25 THIS CHAPTER IN RESPECT OF THE BONDS, NOTES OR OTHER
26 OBLIGATIONS.
27 § 8114. TRUST INDENTURE AUTHORIZED.
28 (A) SECURITY FOR BONDS.--IN THE DISCRETION OF THE
29 COMMISSION, THE BONDS, NOTES OR OTHER OBLIGATIONS MAY BE SECURED
30 BY A TRUST INDENTURE BY AND BETWEEN THE COMMISSION AND A
20070H1590B2342 - 240 -
1 CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING
2 THE POWERS OF A TRUST COMPANY, WITHIN THIS COMMONWEALTH. THE
3 TRUST INDENTURE MAY PLEDGE OR ASSIGN TOLLS AND REVENUE TO BE
4 RECEIVED BUT SHALL NOT CONVEY OR MORTGAGE THE PENNSYLVANIA
5 TURNPIKE SYSTEM, INCLUDING THE TURNPIKES AND TOLL ROAD
6 CONVERSIONS PROVIDED FOR BY THIS CHAPTER.
7 (B) RIGHTS OF BONDHOLDERS.--EITHER THE RESOLUTION PROVIDING
8 FOR THE ISSUANCE OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR THE
9 TRUST INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND
10 ENFORCING THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS
11 OF NOTES OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER
12 AND NOT IN VIOLATION OF LAW, INCLUDING COVENANTS SETTING FORTH
13 THE DUTIES OF THE COMMISSION IN RELATION TO THE ACQUISITION OF
14 PROPERTIES AND THE CONSTRUCTION, MAINTENANCE, OPERATION AND
15 REPAIR AND INSURANCE OF THE TURNPIKES, AND THE CUSTODY,
16 SAFEGUARDING AND APPLICATION OF ALL MONEY. IT SHALL BE LAWFUL
17 FOR ANY BANK OR TRUST COMPANY INCORPORATED UNDER THE LAWS OF
18 THIS COMMONWEALTH TO ACT AS A DEPOSITORY OF THE PROCEEDS OF
19 BONDS, NOTES OR OTHER OBLIGATIONS OR REVENUES AND TO FURNISH THE
20 INDEMNITY BONDS OR TO PLEDGE THE SECURITIES AS MAY BE REQUIRED
21 BY THE COMMISSION. THE TRUST INDENTURE MAY SET FORTH THE RIGHTS
22 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER
23 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL
24 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER
25 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS,
26 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. IN
27 ADDITION TO THE FOREGOING, THE TRUST INDENTURE MAY CONTAIN OTHER
28 PROVISIONS AS THE COMMISSION MAY DEEM REASONABLE AND PROPER FOR
29 THE SECURITY OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER
30 OBLIGATIONS. ALL EXPENSES INCURRED IN CARRYING OUT THE TRUST
20070H1590B2342 - 241 -
1 INDENTURE MAY BE TREATED AS PART OF THE COST OF MAINTENANCE,
2 OPERATION AND REPAIR OF THE TURNPIKES AND TOLL ROAD CONVERSIONS
3 PROVIDED FOR BY THIS CHAPTER.
4 § 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT.
5 THE ACCOMPLISHMENT BY THE COMMISSION OF THE AUTHORIZED
6 PURPOSES STATED IN THIS CHAPTER BEING FOR THE BENEFIT OF THE
7 PEOPLE OF THIS COMMONWEALTH AND FOR THE IMPROVEMENT OF THEIR
8 COMMERCE AND PROSPERITY, IN WHICH ACCOMPLISHMENT THE COMMISSION
9 WILL BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS, THE
10 COMMISSION SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS
11 ON ANY PROPERTY ACQUIRED OR USED BY IT FOR THE PURPOSES PROVIDED
12 IN THIS CHAPTER, AND THE BONDS, NOTES OR OTHER OBLIGATIONS
13 ISSUED BY THE COMMISSION, THEIR TRANSFER AND THE INCOME
14 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL
15 AT ALL TIMES BE FREE FROM TAXATION WITHIN THIS COMMONWEALTH.
16 § 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE.
17 (A) ESTABLISHMENT AND CHANGES IN TOLL AMOUNTS.--SUBJECT TO
18 THE TERMS OF ANY TRUST INDENTURE ENTERED INTO BY THE COMMISSION
19 OR ANY RESOLUTION AUTHORIZING THE ISSUANCE OF ANY BONDS, NOTES
20 OR OTHER OBLIGATIONS OF THE COMMISSION, THE COMMISSION IS
21 AUTHORIZED: TO FIX AND TO REVISE TOLLS FOR THE USE OF THE
22 PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS OR SECTIONS
23 OF THE SYSTEM, INCLUDING THE TURNPIKE, THE TURNPIKE EXTENSIONS
24 AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS AUTHORIZED BY
25 THIS CHAPTER. THE COMMISSION IS FURTHER AUTHORIZED TO CHARGE AND
26 COLLECT TOLLS; TO CONTRACT WITH ANY PERSON, PARTNERSHIP,
27 ASSOCIATION OR CORPORATION DESIRING THE USE OF ANY PART THEREOF,
28 INCLUDING THE RIGHT-OF-WAY ADJOINING THE PAVED PORTION, FOR
29 PLACING THEREON TELEPHONE, TELEGRAPH, ELECTRIC LIGHT OR POWER
30 LINES, GAS STATIONS, GARAGES, STORES, HOTELS, RESTAURANTS AND
20070H1590B2342 - 242 -
1 ADVERTISING SIGNS, OR FOR ANY OTHER PURPOSE, EXCEPT FOR SERVICE <--
2 PLAZAS IN THE RIGHT-OF-WAY ALONG INTERSTATE 80 AND FOR TRACKS
3 FOR RAILROAD OR RAILWAY USE; AND TO FIX THE TERMS, CONDITIONS,
4 RENTS AND RATES OF CHARGES FOR USE. TOLLS SHALL BE FIXED AND
5 ADJUSTED AS TO PROVIDE FUNDS AT LEAST SUFFICIENT WITH OTHER
6 REVENUES OF THE PENNSYLVANIA TURNPIKE SYSTEM, IF ANY, TO PAY ALL
7 OF THE FOLLOWING:
8 (1) THE COST OF THE TURNPIKES. THIS PARAGRAPH INCLUDES
9 THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING,
10 EXPANDING, EXTENDING, MAINTAINING, REPAIRING AND OPERATING
11 THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS AND
12 SECTIONS OF THE SYSTEM.
13 (2) ANY OF THE FOLLOWING:
14 (I) THE COMMISSION'S BONDS, NOTES OR OTHER
15 OBLIGATIONS AND THE INTEREST ON THEM.
16 (II) SINKING FUND REQUIREMENTS OF THE COMMISSION.
17 (III) OTHER REQUIREMENTS PROVIDED FOR BY ANY
18 RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS, NOTES
19 OR OTHER OBLIGATIONS BY THE COMMISSION, OR BY ANY TRUST
20 INDENTURE TO WHICH THE COMMISSION IS A PARTY, AS THEY
21 BECOME DUE.
22 (3) AMOUNTS DUE TO THE DEPARTMENT UNDER 75 PA.C.S. CH.
23 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND PURSUANT TO THE
24 LEASE AGREEMENT UNDER 75 PA.C.S. § 8915.3 (RELATING TO LEASE
25 OF INTERSTATE 80).
26 (4) THE COST OF REPAYMENT TO THE FEDERAL GOVERNMENT OF
27 FUNDS REQUIRED TO BE REPAID PURSUANT TO FEDERAL LEGISLATION
28 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS.
29 (5) ANY OTHER AMOUNTS PAYABLE TO THE COMMONWEALTH OR TO
30 THE DEPARTMENT.
20070H1590B2342 - 243 -
1 (B) RESTRICTIONS ON TOLL REVENUE.--TOLLS SHALL NOT BE
2 SUBJECT TO SUPERVISION OR REGULATION BY ANY OTHER STATE
3 COMMISSION, BOARD, BUREAU OR AGENCY. SUBJECT TO THE TERMS OF ANY
4 PRESENTLY EXISTING TRUST INDENTURE ENTERED INTO BY THE
5 COMMISSION AND ANY PRESENTLY EXISTING RESOLUTION AUTHORIZING THE
6 ISSUANCE OF ANY BONDS, NOTES OR OTHER OBLIGATIONS OF THE
7 COMMISSION, THE TOLLS AND ALL OTHER REVENUE DERIVED FROM THE
8 PENNSYLVANIA TURNPIKE SYSTEM SHALL BE SET ASIDE AND PLEDGED AS
9 MAY BE PROVIDED IN ANY RESOLUTIONS, TRUST INDENTURES OR ANY
10 OTHER AGREEMENTS THAT THE COMMISSION MAY HEREAFTER ADOPT OR
11 HEREAFTER ENTER INTO WITH RESPECT TO THE ISSUANCE OF BONDS,
12 NOTES OR OTHER OBLIGATIONS OF THE COMMISSION.
13 § 8117. ELECTRONIC TOLL COLLECTION.
14 (A) LIABILITY OF OWNER.--
15 (1) IF AN OPERATOR OF A VEHICLE FAILS TO PAY THE
16 PRESCRIBED TOLL AT ANY LOCATION WHERE TOLLS ARE COLLECTED BY
17 MEANS OF ELECTRONIC TOLL COLLECTION, THE OWNER OF THE VEHICLE
18 SHALL BE LIABLE TO THE COMMISSION FOR FAILURE OF THE OPERATOR
19 OF THE VEHICLE TO COMPLY WITH THIS SECTION IF THE VIOLATION
20 IS EVIDENCED BY INFORMATION OBTAINED FROM A VIOLATION
21 ENFORCEMENT SYSTEM.
22 (2) IF A VIOLATION OF THIS SECTION IS COMMITTED, THE
23 REGISTRATION PLATE NUMBER OF THE VEHICLE AS RECORDED BY A
24 VIOLATION ENFORCEMENT SYSTEM SHALL ESTABLISH AN INFERENCE
25 THAT THE OWNER OF THE VEHICLE WAS THEN OPERATING THE VEHICLE.
26 THE INFERENCE SHALL BE OVERCOME IF THE OWNER DOES ALL OF THE
27 FOLLOWING:
28 (I) TESTIFIES THAT THE OWNER WAS NOT OPERATING THE
29 VEHICLE AT THE TIME OF THE VIOLATION.
30 (II) SUBMITS TO AN EXAMINATION AS TO WHO AT THE TIME
20070H1590B2342 - 244 -
1 WAS OPERATING THE VEHICLE.
2 (III) REVEALS THE NAME AND RESIDENCE ADDRESS, IF
3 KNOWN, OF THE OPERATOR OF THE VEHICLE.
4 (3) IF AN ACTION OR PROCEEDING IS COMMENCED IN A COUNTY
5 OTHER THAN THAT OF THE RESIDENCE OF THE OWNER, A VERIFIED
6 WRITTEN STATEMENT SETTING FORTH THE FACTS PRESCRIBED UNDER
7 PARAGRAPH (2)(I), (II) AND (III) SHALL SUFFICE TO OVERCOME
8 THE INFERENCE.
9 (4) IF THE INFERENCE IS OVERCOME, THE OPERATOR OF THE
10 VEHICLE MAY BE HELD LIABLE UNDER THIS SECTION FOR FAILURE TO
11 PAY THE PRESCRIBED TOLL IN THE SAME MANNER AS IF THE OPERATOR
12 WERE THE OWNER OF THE VEHICLE.
13 (B) IMPOSITION OF LIABILITY.--LIABILITY UNDER THIS SECTION
14 SHALL BE IMPOSED UPON AN OWNER FOR A VIOLATION OF THIS SECTION
15 OR THE REGULATIONS OF THE COMMISSION OCCURRING WITHIN THE
16 TERRITORIAL LIMITS OF THIS COMMONWEALTH. IF A VIOLATION IS
17 COMMITTED AS EVIDENCED BY A VIOLATION ENFORCEMENT SYSTEM, THE
18 FOLLOWING SHALL APPLY:
19 (1) THE COMMISSION OR AN AUTHORIZED AGENT OR EMPLOYEE
20 MUST PREPARE AND MAIL A NOTICE OF VIOLATION AS FOLLOWS:
21 (I) THE NOTICE OF VIOLATION MUST BE SENT BY FIRST
22 CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN
23 OWNER FOR A VIOLATION OF THIS SECTION.
24 (II) THE NOTICE MUST BE MAILED AT THE ADDRESS SHOWN
25 ON THE VEHICLE REGISTRATION OR AT THE ADDRESS OF THE
26 OPERATOR, AS APPLICABLE. NOTICE MUST BE MAILED NO LATER
27 THAN 60 DAYS AFTER:
28 (A) THE ALLEGED CONDUCT; OR
29 (B) THE DATE THE INFERENCE IS OVERCOME UNDER
30 SUBSECTION (A)(2).
20070H1590B2342 - 245 -
1 (III) PERSONAL SERVICE IS NOT REQUIRED.
2 (IV) THE NOTICE MUST CONTAIN ALL OF THE FOLLOWING:
3 (A) INFORMATION ADVISING THE PERSON CHARGED OF
4 THE MANNER AND TIME IN WHICH THE LIABILITY ALLEGED IN
5 THE NOTICE MAY BE CONTESTED.
6 (B) A WARNING ADVISING THE PERSON CHARGED THAT
7 FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED
8 SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A
9 DEFAULT JUDGMENT MAY BE ENTERED ON THE NOTICE.
10 (1.1) A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED
11 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE
12 EVIDENCE OF THE MAILING OF NOTICE.
13 (2) IF AN OWNER OF A VEHICLE OR AN OWNER THAT IS A
14 LESSOR OF A VEHICLE RECEIVES A NOTICE OF VIOLATION UNDER THIS
15 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS
16 REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT
17 SHALL BE A DEFENSE TO THE ALLEGATION OF LIABILITY THAT THE
18 VEHICLE HAD BEEN REPORTED TO THE POLICE AS HAVING BEEN STOLEN
19 PRIOR TO THE TIME THE VIOLATION OCCURRED AND THAT THE VEHICLE
20 HAD NOT BEEN RECOVERED BY THE TIME OF THE VIOLATION. FOR
21 PURPOSES OF ASSERTING THE DEFENSE UNDER THIS PARAGRAPH, IT
22 SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE
23 REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO
24 THE COMMISSION WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL
25 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN
26 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE OWNER OR
27 LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION.
28 (3) AN OWNER THAT IS A LESSOR OF A VEHICLE AS TO WHICH A
29 NOTICE OF VIOLATION WAS ISSUED UNDER PARAGRAPH (1) SHALL NOT
30 BE LIABLE FOR A VIOLATION IF THE OWNER SENDS TO THE
20070H1590B2342 - 246 -
1 COMMISSION A COPY OF THE RENTAL, LEASE OR OTHER CONTRACT
2 DOCUMENT COVERING THE VEHICLE ON THE DATE OF THE VIOLATION,
3 WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE TO
4 THE COMMISSION, WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL
5 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN
6 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE LESSOR
7 LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. IF THE
8 LESSOR COMPLIES WITH THE PROVISIONS OF THIS SECTION, THE
9 LESSEE OF THE VEHICLE ON THE DATE OF THE VIOLATION SHALL BE
10 DEEMED TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS
11 SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE PENALTY
12 UNDER THIS SECTION.
13 (4) A CERTIFIED REPORT OR A FACSIMILE REPORT OF AN
14 AUTHORIZED AGENT OR EMPLOYEE OF THE COMMISSION REPORTING A
15 VIOLATION OF THIS SECTION OR REGULATIONS OF THE COMMISSION
16 BASED UPON THE RECORDED INFORMATION OBTAINED FROM A VIOLATION
17 ENFORCEMENT SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
18 CONTAINED IN THE REPORT AND SHALL BE ADMISSIBLE AS AN
19 OFFICIAL RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS IN
20 ANY PROCEEDING CHARGING A VIOLATION OF THIS SECTION OR THE
21 TOLL COLLECTION REGULATIONS OF THE COMMISSION.
22 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
23 VIDEOTAPES, PHOTOGRAPHS, MICROPHOTOGRAPHS, OTHER RECORDED
24 IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES PREPARED
25 PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF
26 THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW
27 ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING DUTIES
28 UNDER THIS SECTION AND THE REGULATIONS OF THE COMMISSION. THE
29 INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT
30 OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-
20070H1590B2342 - 247 -
1 TO-KNOW LAW. THE INFORMATION SHALL NOT BE DISCOVERABLE BY
2 COURT ORDER OR OTHERWISE; NOR SHALL IT BE OFFERED IN EVIDENCE
3 IN ANY ACTION OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO
4 A VIOLATION OF THIS SECTION, THE REGULATIONS OF THE
5 COMMISSION OR INDEMNIFICATION FOR LIABILITY IMPOSED PURSUANT
6 TO THIS SECTION. THE RESTRICTIONS SET FORTH IN THIS
7 PARAGRAPH:
8 (I) SHALL NOT BE DEEMED TO PRECLUDE A COURT OF
9 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING
10 THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT
11 OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND
12 IS REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW
13 ENFORCEMENT ACTION;
14 (II) SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF
15 THE INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION
16 OVER OR WHICH OPERATE AN ELECTRONIC TOLL COLLECTION
17 SYSTEM IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION;
18 AND
19 (III) SHALL NOT BE DEEMED TO PROHIBIT THE USE OF
20 INFORMATION EXCLUSIVELY FOR THE PURPOSE OF BILLING
21 ELECTRONIC TOLL COLLECTION ACCOUNT HOLDERS, DEDUCTING
22 TOLL CHARGES FROM THE ACCOUNT OF AN ACCOUNT HOLDER,
23 ENFORCING TOLL COLLECTION LAWS AND RELATED REGULATIONS OR
24 ENFORCING THE PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT.
25 (6) AN IMPOSITION OF LIABILITY UNDER THIS SECTION MUST
26 BE BASED UPON A PREPONDERANCE OF EVIDENCE.
27 (7) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION
28 SHALL NOT BE DEEMED A CONVICTION OF AN OWNER AND SHALL NOT BE
29 MADE PART OF THE MOTOR VEHICLE OPERATING RECORD OF THE PERSON
30 UPON WHOM THE LIABILITY IS IMPOSED, NOR SHALL IT BE
20070H1590B2342 - 248 -
1 CONSIDERED IN THE PROVISION OF MOTOR VEHICLE INSURANCE
2 COVERAGE.
3 (8) AN OWNER THAT ADMITS, IS FOUND LIABLE OR FAILS TO
4 RESPOND TO THE NOTICE OF VIOLATION FOR A VIOLATION OF THIS
5 SECTION SHALL BE CIVILLY LIABLE TO THE COMMISSION FOR ALL OF
6 THE FOLLOWING:
7 (I) EITHER:
8 (A) THE AMOUNT OF THE TOLL EVADED OR ATTEMPTED
9 TO BE EVADED IF THE AMOUNT CAN BE DETERMINED; OR
10 (B) THE MAXIMUM TOLL FROM THE FARTHEST POINT OF
11 ENTRY ON THE PENNSYLVANIA TURNPIKE TO THE ACTUAL
12 POINT OF EXIT IF THE AMOUNT OF THE TOLL EVADED OR
13 ATTEMPTED TO BE EVADED CANNOT BE DETERMINED.
14 (II) A REASONABLE ADMINISTRATIVE FEE NOT TO EXCEED
15 $35 PER NOTIFICATION.
16 (9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT
17 THE LIABILITY OF THE OPERATOR OF A VEHICLE FOR A VIOLATION OF
18 THIS SECTION OR OF THE REGULATIONS OF THE COMMISSION.
19 (C) PLACEMENT OF ELECTRONIC TOLL COLLECTION DEVICE.--AN
20 ELECTRONIC TOLL COLLECTION DEVICE WHICH IS AFFIXED TO THE FRONT
21 WINDSHIELD OF A VEHICLE IN ACCORDANCE WITH THE REGULATIONS OF
22 THE COMMISSION SHALL NOT BE DEEMED TO CONSTITUTE A VIOLATION OF
23 75 PA.C.S. § 4524 (RELATING TO WINDSHIELD OBSTRUCTIONS AND
24 WIPERS).
25 (D) PRIVACY OF ELECTRONIC TOLL COLLECTION ACCOUNT HOLDER
26 INFORMATION.--
27 (1) EXCEPT AS SET FORTH PARAGRAPH (2), NOTWITHSTANDING
28 ANY OTHER PROVISION OF LAW, ALL OF THE FOLLOWING APPLY TO
29 INFORMATION KEPT BY THE COMMISSION, ITS AUTHORIZED AGENTS OR
30 ITS EMPLOYEES WHICH IS RELATED TO THE ACCOUNT OF AN
20070H1590B2342 - 249 -
1 ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDER:
2 (I) THE INFORMATION SHALL BE FOR THE EXCLUSIVE USE
3 OF THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES
4 AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF
5 DISCHARGING THEIR DUTIES PURSUANT TO THIS SECTION AND THE
6 REGULATIONS OF THE COMMISSION. THIS SUBPARAGRAPH INCLUDES
7 NAMES, ADDRESSES, ACCOUNT NUMBERS, ACCOUNT BALANCES,
8 PERSONAL FINANCIAL INFORMATION, VEHICLE MOVEMENT RECORDS
9 AND OTHER INFORMATION COMPILED FROM TRANSACTIONS WITH THE
10 ACCOUNT HOLDERS.
11 (II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC
12 RECORD UNDER THE RIGHT-TO-KNOW LAW, NOR SHALL IT BE
13 DISCOVERABLE BY COURT ORDER OR OTHERWISE OR BE OFFERED IN
14 EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT
15 DIRECTLY RELATED TO THE DISCHARGE OF DUTIES UNDER THIS
16 SECTION, THE REGULATIONS OF THE COMMISSION OR A VIOLATION
17 OF AN ACCOUNT HOLDER AGREEMENT.
18 (2) PARAGRAPH (1) SHALL NOT BE DEEMED TO DO ANY OF THE
19 FOLLOWING:
20 (I) PRECLUDE A COURT OF COMPETENT JURISDICTION FROM
21 ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE
22 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION
23 IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN
24 CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.
25 (II) PRECLUDE THE EXCHANGE OF THE INFORMATION
26 BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR WHICH
27 OPERATE AN ELECTRONIC TOLL COLLECTION SYSTEM IN THIS
28 COMMONWEALTH OR ANY OTHER JURISDICTION.
29 (III) PROHIBIT THE USE OF THE INFORMATION
30 EXCLUSIVELY FOR THE PURPOSE OF BILLING ELECTRONIC TOLL
20070H1590B2342 - 250 -
1 COLLECTION ACCOUNT HOLDERS, DEDUCTING TOLL CHARGES FROM
2 THE ACCOUNT OF AN ACCOUNT HOLDER, ENFORCING TOLL
3 COLLECTION LAWS AND RELATED REGULATIONS OR ENFORCING THE
4 PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT.
5 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "OWNER"
6 MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
7 ASSOCIATION, ORGANIZATION OR LESSOR THAT, AT THE TIME A VEHICLE
8 IS OPERATED IN VIOLATION OF THIS SECTION OR REGULATIONS OF THE
9 COMMISSION:
10 (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF THE VEHICLE;
11 (2) HAS TITLE TO THE VEHICLE; OR
12 (3) IS THE REGISTRANT OR COREGISTRANT OF THE VEHICLE
13 REGISTERED WITH THE DEPARTMENT OR A COMPARABLE AGENCY OF
14 ANOTHER JURISDICTION OR USES THE VEHICLE IN ITS VEHICLE
15 RENTING OR LEASING BUSINESS. THE TERM INCLUDES A PERSON
16 ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A
17 SECURITY INTEREST IN ANOTHER PERSON.
18 § 8118. REFUNDING BONDS.
19 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR
20 THE ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS FOR THE PURPOSE
21 OF REFUNDING ISSUED AND OUTSTANDING TURNPIKE REVENUE BONDS,
22 NOTES OR OTHER OBLIGATIONS. APPLICABLE PROVISIONS OF THIS
23 CHAPTER GOVERN ALL OF THE FOLLOWING:
24 (1) ISSUANCE OF THE TURNPIKE REVENUE REFUNDING BONDS.
25 (2) MATURITIES AND OTHER DETAILS OF THE REFUNDING BONDS.
26 (3) RIGHTS OF THE HOLDERS OF THE BONDS.
27 (4) DUTIES OF THE COMMONWEALTH AND OF THE COMMISSION IN
28 RESPECT TO THE BONDS.
29 § 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES.
30 (A) SCOPE.--THIS SECTION APPLIES TO ALL OF THE FOLLOWING:
20070H1590B2342 - 251 -
1 (1) A HOLDER OF:
2 (I) A BOND, NOTE OR OTHER OBLIGATION ISSUED UNDER
3 THIS CHAPTER; OR
4 (II) A COUPON ATTACHED TO THE BOND, NOTE OR OTHER
5 OBLIGATION.
6 (2) THE TRUSTEE UNDER AN APPLICABLE TRUST INDENTURE.
7 (B) ENFORCEMENT.--SUBJECT TO SUBSECTION (C), A PERSON
8 REFERRED TO IN SUBSECTION (A) MAY, BY AN ACTION AT LAW OR IN
9 EQUITY, DO ALL OF THE FOLLOWING:
10 (1) PROTECT AND ENFORCE RIGHTS GRANTED UNDER THIS
11 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE.
12 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES
13 REQUIRED BY THIS CHAPTER OR BY THE RESOLUTION OR TRUST
14 INDENTURE TO BE PERFORMED BY THE COMMISSION OR AN OFFICER OF
15 THE COMMISSION. THIS PARAGRAPH INCLUDES FIXING, CHARGING AND
16 COLLECTING OF TOLLS FOR THE USE OF THE TURNPIKES.
17 (C) RESTRICTION.--RIGHTS UNDER THIS CHAPTER MAY BE
18 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE BOND,
19 NOTE OR OTHER OBLIGATION OR BY THE TRUST INDENTURE.
20 § 8120. AUTHORITY GRANTED TO SECRETARY.
21 (A) AGREEMENT WITH FEDERAL GOVERNMENT.--
22 (1) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN
23 AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
24 TRANSPORTATION, THE FEDERAL HIGHWAY ADMINISTRATION AND ANY
25 OTHER FEDERAL AGENCY TO OBTAIN FEDERAL FUNDS FOR PROJECTS FOR
26 RESURFACING, RESTORING AND REHABILITATING TOLL ROADS IN THIS
27 COMMONWEALTH. THE COMMISSION IS AUTHORIZED TO USE FEDERAL
28 FUNDS WHICH MAY BE AVAILABLE FOR TOLL ROADS ONLY UPON
29 APPROVAL OF THE SECRETARY AND ONLY UNDER THE AUTHORITY
30 GRANTED UNDER THIS SECTION.
20070H1590B2342 - 252 -
1 (2) (RESERVED).
2 (B) APPROVAL BY DEPARTMENT.--A COPY OF EACH CONTRACT AND
3 AGREEMENT RELATING TO THE CONSTRUCTION OF THE TURNPIKES AND
4 CONNECTING TUNNELS, BRIDGES, SLIP INTERCHANGES AND SLIP RAMPS
5 SHALL BE PROVIDED TO THE DEPARTMENT FOR REVIEW AND COMMENT PRIOR
6 TO EXECUTION OF THIS CONTRACT OR AGREEMENT.
7 § 8121. (RESERVED).
8 § 8122. (RESERVED).
9 § 8123. CONSTRUCTION OF CHAPTER.
10 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL
11 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED
12 AS IN DEROGATION OF ANY POWERS NOW EXISTING AND SHALL BE
13 LIBERALLY CONSTRUED TO EFFECT ITS PURPOSES.
14 CHAPTER 82
15 TURNPIKE COMMISSION STANDARDS OF CONDUCT
16 SEC.
17 8201. SCOPE.
18 8202. DEFINITIONS.
19 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION
20 MEMBERS AND EMPLOYEES.
21 8204. CODE OF CONDUCT.
22 8205. APPLICABILITY OF OTHER STATUTES.
23 § 8201. SCOPE.
24 THIS CHAPTER SHALL APPLY TO THE PENNSYLVANIA TURNPIKE
25 COMMISSION FORMED OR MAINTAINED UNDER AUTHORITY OF THE ACT OF
26 MAY 21, 1937 (P.L.774, NO.211), REFERRED TO AS THE PENNSYLVANIA
27 TURNPIKE COMMISSION ACT AND THE FORMER ACT OF SEPTEMBER 30, 1985 <--
28 (P.L.240, NO.61), KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION
29 AND TOLL ROAD CONVERSION ACT, OR ANY SUCCESSOR ENTITY.
30 § 8202. DEFINITIONS.
20070H1590B2342 - 253 -
1 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
3 CONTEXT CLEARLY INDICATES OTHERWISE:
4 "BUSINESS." ANY CORPORATION, PARTNERSHIP, SOLE
5 PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
6 ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT
7 STOCK COMPANY, RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED
8 FOR PROFIT.
9 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION.
10 "EXECUTIVE-LEVEL EMPLOYEE." THE CHIEF EXECUTIVE OFFICER,
11 CHIEF FINANCIAL OFFICER, CHIEF OPERATING OFFICER, CHIEF COUNSEL
12 OR ANY OTHER SENIOR MANAGEMENT EMPLOYEE WITH DISCRETIONARY
13 POWERS WHICH MAY AFFECT THE OUTCOME OF A PENNSYLVANIA TURNPIKE
14 COMMISSION ACTION OR DECISION OR WHO FUNCTIONS IN PRESS OR
15 PUBLIC RELATIONS, LEGISLATIVE LIAISON OR DEVELOPMENT OF
16 EXECUTIVE POLICY.
17 "FACILITY." REST AREAS, SERVICE PLAZAS, RESTAURANTS, FUELING
18 STATIONS, TRAFFIC ADVISORY SYSTEMS, CALL BOXES OR OTHER SERVICES
19 PROVIDED BY THE COMMISSION TO PERSONS USING TOLL ROADS OR <--
20 HIGHWAYS OPERATED BY THE PENNSYLVANIA TURNPIKE COMMISSION <--
21 COMMISSION. <--
22 "IMMEDIATE FAMILY." A SPOUSE, PARENT, BROTHER, SISTER OR
23 CHILD.
24 "MEMBER." A COMMISSIONER APPOINTED TO THE PENNSYLVANIA
25 TURNPIKE COMMISSION, INCLUDING THE SECRETARY OF TRANSPORTATION,
26 AND ANY SUCCESSOR ENTITY THERETO.
27 "OWNERSHIP INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO
28 HOLD, DEBT OR EQUITY SECURITIES OR OTHER OWNERSHIP INTEREST OR
29 PROFIT INTEREST.
30 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE OF A <--
20070H1590B2342 - 254 -
1 POLITICAL PARTY; A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER
2 OR COUNSEL OF A STATE COMMITTEE OR MEMBER OF THE EXECUTIVE
3 COMMITTEE OF A STATE COMMITTEE OF A POLITICAL PARTY; OR A COUNTY <--
4 CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A
5 COUNTY COMMITTEE OR A CITY CHAIRMAN, VICE CHAIRMAN, COUNSEL,
6 SECRETARY OR TREASURER OF A CITY COMMITTEE OF A POLITICAL PARTY. <--
7 "PENNSYLVANIA TURNPIKE COMMISSION." AN ENTITY FORMED OR
8 MAINTAINED UNDER AUTHORITY OF THE ACT OF MAY 21, 1937 (P.L.774,
9 NO.211), REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION
10 ACT, AND THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), KNOWN
11 AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION
12 ACT, OR ANY SUCCESSOR ENTITY.
13 "PUBLIC OFFICIAL." ANY OFFICIAL ELECTED TO A FEDERAL, STATE <--
14 OR COUNTY OFFICE.
15 § 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION
16 MEMBERS AND EMPLOYEES.
17 (A) GENERAL RULE.--THE FOLLOWING QUALIFICATIONS AND
18 RESTRICTIONS SHALL APPLY TO MEMBERS AND EXECUTIVE-LEVEL
19 EMPLOYEES:
20 (1) A MEMBER SHALL BE AT LEAST 25 YEARS OF AGE AND SHALL
21 HAVE BEEN A RESIDENT OF THIS COMMONWEALTH FOR A PERIOD OF AT
22 LEAST ONE YEAR IMMEDIATELY PRECEDING APPOINTMENT. EACH MEMBER
23 SHALL CONTINUE TO REMAIN A RESIDENT OF THIS COMMONWEALTH
24 DURING THE TERM OF MEMBERSHIP ON THE COMMISSION.
25 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <--
26 PERSON SHALL BE APPOINTED OR SERVE AS A MEMBER OR HOLD AN
27 EXECUTIVE-LEVEL POSITION IF THAT PERSON HOLDS ANY OTHER
28 ELECTED OFFICE OR PARTY OFFICE.
29 (3) NO
30 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <--
20070H1590B2342 - 255 -
1 MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL BE A PUBLIC OFFICIAL
2 OR PARTY OFFICER IN THIS COMMONWEALTH. OR ANY OF ITS <--
3 POLITICAL SUBDIVISIONS.
4 (4) (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL <--
5 BE PAID OR RECEIVE ANY FEE OR OTHER COMPENSATION OTHER
6 THAN SALARY AND EXPENSES PROVIDED BY LAW FOR ANY ACTIVITY
7 DIRECTLY PERTAINING TO THE DUTIES OF THE COMMISSION.
8 (II) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO
9 PROHIBIT A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE FROM
10 ENGAGING IN ANY EMPLOYMENT OR VOCATION THAT IS NOT
11 INCOMPATIBLE WITH SERVICE AS A MEMBER OR EXECUTIVE-LEVEL
12 EMPLOYEE.
13 (5) (4) (I) AT THE TIME OF APPOINTMENT AND ANNUALLY <--
14 THEREAFTER, EACH MEMBER SHALL DISCLOSE THE EXISTENCE OF
15 ALL OWNERSHIP INTERESTS IN ANY FACILITY OR BUSINESS WITH
16 WHICH THE COMMISSION HAS CONTRACTED FOR ROADWAY
17 CONSTRUCTION OR MAINTENANCE OR SERVICES OF ANY KIND.
18 (II) THE DISCLOSURE STATEMENT SHALL BE FILED WITH
19 THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION AND SHALL
20 BE OPEN TO INSPECTION BY THE PUBLIC AT THE OFFICE OF THE
21 COMMISSION DURING NORMAL BUSINESS HOURS OF THE COMMISSION
22 DURING THE TENURE OF THE MEMBER.
23 (B) FIDUCIARY RELATIONSHIP.--EACH MEMBER AND EXECUTIVE-LEVEL
24 EMPLOYEE OF THE COMMISSION SHALL SERVE AS A FIDUCIARY OF THE <--
25 COMMONWEALTH COMMISSION. <--
26 § 8204. CODE OF CONDUCT.
27 (A) CONTENTS.--THE COMMISSION SHALL ADOPT A COMPREHENSIVE
28 CODE OF CONDUCT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS <--
29 SECTION. THE CODE OF CONDUCT SHALL SUPPLEMENT ALL OTHER
30 REQUIREMENTS UNDER THIS CHAPTER AND SHALL PROVIDE GUIDELINES
20070H1590B2342 - 256 -
1 APPLICABLE TO MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <--
2 COMMISSION AND THE IMMEDIATE FAMILIES OF THE MEMBERS AND
3 EXECUTIVE-LEVEL EMPLOYEES OF THE COMMISSION TO ENABLE THEM TO <--
4 AVOID ANY PERCEIVED OR ACTUAL CONFLICT OF INTEREST AND TO
5 PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF
6 THE COMMISSION. AT A MINIMUM, THE CODE OF CONDUCT ADOPTED UNDER
7 THIS SECTION SHALL PROVIDE THAT:
8 (1) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE OF THE <--
9 COMMISSION MAY ACCEPT ANY DISCOUNT, GIFT, GRATUITY,
10 COMPENSATION, TRAVEL, LODGING OR OTHER THING OF VALUE, IN <--
11 EXCESS OF THE LIMITS UNDER 65 PA.C.S. § 1105(B)(6) AND (7)
12 (RELATING TO STATEMENT OF FINANCIAL INTERESTS) DIRECTLY OR
13 INDIRECTLY, FROM ANY FACILITY OR BUSINESS WITH WHICH THE
14 COMMISSION HAS A CONTRACTUAL RELATIONSHIP.
15 (2) MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <--
16 COMMISSION SHALL REFRAIN FROM ANY FINANCIAL OR BUSINESS
17 DEALING WHICH WOULD REFLECT ADVERSELY ON AFFECT THE MEMBER'S <--
18 OBJECTIVITY, IMPARTIALITY OR INDEPENDENCE OF JUDGMENT.
19 (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY USE
20 THE PROMISE OF BUSINESS WITH THE COMMISSION TO SOLICIT
21 FUNDS FOR ANY CHARITABLE, EDUCATIONAL, RELIGIOUS, HEALTH,
22 FRATERNAL, CIVIC OR OTHER NONPROFIT ENTITY.
23 (II) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SERVE
24 AS AN OFFICER, EMPLOYEE OR MEMBER OF THE GOVERNING BODY
25 OF A NONPROFIT ENTITY AND MAY ATTEND, MAKE PERSONAL
26 CONTRIBUTIONS TO AND PLAN OR PRESIDE OVER THE ENTITY'S
27 FUNDRAISING EVENTS.
28 (III) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY
29 PERMIT HIS NAME TO APPEAR ON THE LETTERHEAD USED FOR
30 FUNDRAISING EVENTS IF THE LETTERHEAD CONTAINS ONLY THE
20070H1590B2342 - 257 -
1 MEMBER'S NAME AND POSITION WITH THE NONPROFIT ENTITY.
2 (4) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE NOR THE
3 IMMEDIATE FAMILY OF SUCH PERSON, SHALL PARTICIPATE IN ANY
4 HEARING OR PROCEEDING DELIBERATIONS OR VOTE OF THE COMMISSION <--
5 IN WHICH THAT PERSON MAY HAVE A DIRECT OR INDIRECT PECUNIARY
6 INTEREST.
7 (5) (I) A MEMBER SHALL ABSTAIN FROM ANY VOTE OR
8 DECISION WHICH AUTHORIZES A CONTRACT IN WHICH THE MEMBER
9 HAS ANY PECUNIARY INTEREST. THE MEMBER SHALL DISCLOSE THE
10 INTEREST IN A PUBLIC MEETING PRIOR TO THE VOTE OR
11 DECISION.
12 (II) FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL
13 MAKE THE CONTRACT NULL AND VOID.
14 (6) NO FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY <--
15 ACCEPT EMPLOYMENT WITH ANY FACILITY OR BUSINESS WITH WHICH <--
16 THE COMMISSION DOES BUSINESS FOR A PERIOD OF ONE YEAR FROM
17 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION.
18 RECEIVE ANY PECUNIARY BENEFIT FROM A CONTRACT BETWEEN THE <--
19 COMMISSION AND THE EMPLOYER OF THE FORMER MEMBER OR
20 EXECUTIVE-LEVEL EMPLOYEE FOR A PERIOD OF ONE YEAR FROM THE
21 TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. NO
22 FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SOLICIT ANY
23 CONTRACTS WITH THE COMMISSION FOR A PERIOD OF ONE YEAR FROM
24 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION.
25 (7) A MEMBER OF THE COMMISSION WHO HAS BEEN CONVICTED
26 DURING HIS TERM IN ANY DOMESTIC OR FOREIGN JURISDICTION OF A
27 FELONY OR A CRIME OF MORAL TURPITUDE SHALL, UPON CONVICTION, <--
28 BE AUTOMATICALLY REMOVED FROM THE COMMISSION AND SHALL BE
29 INELIGIBLE TO BECOME A COMMISSION MEMBER IN THE FUTURE.
30 (8) NO MEMBER MAY SOLICIT, REQUEST, SUGGEST OR RECOMMEND
20070H1590B2342 - 258 -
1 THE EMPLOYMENT, BY EITHER THE COMMISSION OR A CONTRACTOR WITH
2 THE COMMISSION, OF ANY INDIVIDUAL RELATED WITHIN THE FIRST
3 DEGREE OF CONSANGUINITY TO THE MEMBER AS SET FORTH IN 23
4 PA.C.S. § 1304(E) (RELATING TO RESTRICTIONS ON ISSUANCE OF
5 LICENSE) OR THE SPOUSE OF THE INDIVIDUAL.
6 (B) AUDIT.--
7 (1) AT LEAST ONCE EVERY FOUR YEARS, THE DEPARTMENT OF
8 THE AUDITOR GENERAL SHALL REVIEW THE PERFORMANCE, PROCEDURES,
9 OPERATING BUDGET, CAPITAL BUDGET AND DEBT OF THE COMMISSION
10 AND SHALL AUDIT, SETTLE AND ADJUST THE ACCOUNTS OF THE <--
11 COMMISSION.
12 (2) THE AUDITOR GENERAL SHALL BE ENTITLED TO GO BEYOND
13 MERE FINANCIAL STATEMENTS, AND SHALL BE ENTITLED TO EXAMINE
14 ORIGINAL SOURCE DOCUMENTS AT SUCH TIME AS IS BELIEVED
15 NECESSARY OR MAY OTHERWISE EXAMINE ORIGINAL DOCUMENTS ON A
16 RANDOM BASIS DESIGNED TO ENSURE THE INTEGRITY OF THE AUDIT.
17 (3) THE PROVISIONS OF SECTION 706(D) OF THE ACT OF APRIL <--
18 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE
19 OF 1929, SHALL APPLY TO ANY AUDIT CONDUCTED UNDER THIS
20 SUBSECTION.
21 § 8205. APPLICABILITY OF OTHER STATUTES.
22 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF
23 LAW, THE FOLLOWING ACTS SHALL APPLY TO THE COMMISSION UNDER THIS
24 CHAPTER:
25 (1) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED
26 TO AS THE RIGHT-TO-KNOW LAW.
27 (2) THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN
28 AS THE STATE ADVERSE INTEREST ACT.
29 (3) THE PROVISIONS OF 65 PA.C.S. CHS. 7 (RELATING TO
30 OPEN MEETINGS) AND 11 (RELATING TO ETHICS STANDARDS AND
20070H1590B2342 - 259 -
1 FINANCIAL DISCLOSURE).
2 (B) STATUS OF COMMISSION.--THE COMMISSION SHALL BE
3 CONSIDERED AN "AGENCY" FOR THE PURPOSES OF THE FOLLOWING:
4 (1) THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED
5 TO AS THE COMMONWEALTH DOCUMENTS LAW.
6 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
7 THE REGULATORY REVIEW ACT.
8 SECTION 5 4. SECTION 8901 OF TITLE 75 IS AMENDED TO READ: <--
9 § 8901. DEFINITIONS.
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
11 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "ANNUAL ADDITIONAL RENT PAYMENTS." AS FOLLOWS: <--
14 (1) DURING THE CONVERSION PERIOD AND AFTER THE
15 CONVERSION DATE, A SUM AN AMOUNT EQUAL TO THE SCHEDULED <--
16 ANNUAL COMMISSION CONTRIBUTION, MINUS THE SUM OF:
17 (I) $200,000,000 PAID AS ANNUAL BASE PAYMENTS;
18 (II) ANY INTERSTATE 80 SAVINGS FOR THAT FISCAL YEAR.
19 (2) IF THE CONVERSION PERIOD HAS EXPIRED AND A
20 CONVERSION NOTICE HAS NOT BEEN RECEIVED BY THE SECRETARY, IN
21 EACH SUBSEQUENT FISCAL YEAR UNTIL THE END OF THE TERM OF THE
22 LEASE AGREEMENT THE ANNUAL ADDITIONAL PAYMENTS SHALL BE
23 $250,000,000.
24 "ANNUAL BASE PAYMENTS." AN AMOUNT EQUAL TO THE SUM OF THE
25 FOLLOWING:
26 (1) ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED
27 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS)
28 PAYABLE AS REQUIRED PURSUANT TO THE BONDS.
29 (2) TWO HUNDRED MILLION DOLLARS PAYABLE ANNUALLY IN FOUR
30 EQUAL INSTALLMENTS EACH DUE THE LAST BUSINESS DAY OF EACH
20070H1590B2342 - 260 -
1 JULY, OCTOBER, JANUARY AND APRIL.
2 "ANNUAL SURPLUS PAYMENTS." AN AMOUNT EQUAL TO THE GENERAL
3 RESERVE FUND SURPLUS PAYABLE FOR EACH FISCAL YEAR UNTIL THE END
4 OF THE TERM OF THE LEASE AGREEMENT.
5 "AUDITOR GENERAL'S CERTIFICATE." THE CERTIFICATE ISSUED BY
6 THE AUDITOR GENERAL WITHIN 180 DAYS AFTER THE END OF EACH FISCAL
7 YEAR OF THE PENNSYLVANIA TURNPIKE COMMISSION CERTIFYING ALL OF
8 THE FOLLOWING:
9 (1) THE AMOUNT OF THE GENERAL RESERVE FUND SURPLUS FOR
10 THE FISCAL YEAR.
11 (2) AFTER REVIEW OF THE COMMISSION'S CURRENT TEN-YEAR
12 CAPITAL PLAN, THAT THE TRANSFER OF THE GENERAL RESERVE FUND
13 SURPLUS UNDER SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE
14 80) 80; RELATED AGREEMENTS) SHALL NOT IMPAIR THE ABILITY OF <--
15 THE COMMISSION TO MEET ITS OBLIGATIONS UNDER THE LEASE
16 AGREEMENT OR THE COMMISSION'S TEN-YEAR CAPITAL PLAN.
17 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION.
18 "CONVERSION DATE." THE DATE SET FORTH IN THE CONVERSION
19 NOTICE WHEN THE PENNSYLVANIA TURNPIKE COMMISSION INTENDS TO
20 EXERCISE ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD.
21 "CONVERSION NOTICE." WRITTEN NOTICE TO THE SECRETARY OF
22 TRANSPORTATION FROM THE PENNSYLVANIA TURNPIKE COMMISSION
23 PROVIDING NOTICE OF ITS INTENT TO ASSUME CONTROL OVER EXERCISE <--
24 ITS OPTIONS TO CONVERT INTERSTATE 80 UNDER SECTION 8915.3(3)
25 (RELATING TO LEASE OF INTERSTATE 80).
26 "CONVERSION PERIOD." A PERIOD OF THREE YEARS:
27 (1) WHICH BEGINS ON THE DATE OF EXECUTION OF THE LEASE
28 AGREEMENT; AND
29 (2) DURING WHICH THE PENNSYLVANIA TURNPIKE COMMISSION
30 MAY GIVE THE DEPARTMENT OF TRANSPORTATION CONVERSION NOTICE
20070H1590B2342 - 261 -
1 OR NOTICE THAT THE COMMISSION HAS EXERCISED ITS OPTION TO
2 EXTEND THE CONVERSION PERIOD PURSUANT TO SECTION 8915.3(2)
3 (RELATING TO LEASE OF INTERSTATE 80).
4 "FISCAL YEAR." THE FISCAL YEAR OF THE COMMONWEALTH.
5 "GENERAL RESERVE FUND SURPLUS." THE AMOUNT WHICH:
6 (1) IS CERTIFIED BY THE AUDITOR GENERAL IN THE AUDITOR
7 GENERAL'S CERTIFICATE AS EXISTING IN THE PENNSYLVANIA
8 TURNPIKE COMMISSION'S GENERAL RESERVE FUND ON THE LAST DAY OF
9 THE FISCAL YEAR OF THE COMMISSION; AND <--
10 (2) IS NOT REQUIRED TO BE RETAINED IN THE GENERAL
11 RESERVE FUND PURSUANT TO ANY FINANCIAL DOCUMENTS, FINANCIAL
12 COVENANTS, INSURANCE POLICIES, LIQUIDITY POLICIES OR
13 AGREEMENTS IN EFFECT AT THE COMMISSION.
14 "INTERSTATE 80 SAVINGS." AN AMOUNT EQUAL TO THE FOLLOWING:
15 (1) PRIOR TO THE CONVERSION DATE, THE AMOUNT SHALL BE
16 ZERO.
17 (2) IN THE FIRST FISCAL YEAR INCLUDING THE CONVERSION
18 DATE, THE AMOUNT SHALL BE A PRO RATA SHARE OF $116,985,856
19 CALCULATED USING THE NUMBER OF CALENDAR DAYS IN THE YEAR
20 AFTER THE CONVERSION DATE DIVIDED BY 365 DAYS.
21 (3) IN THE FISCAL YEAR SUCCEEDING THE YEAR INCLUDING THE
22 CONVERSION DATE, THE AMOUNT SHALL BE $121,665,290.
23 (4) IN SUBSEQUENT FISCAL YEARS, THE AMOUNT SHALL BE THE
24 AMOUNT CALCULATED FOR THE PREVIOUS YEAR INCREASED BY 4%.
25 "LEASE AGREEMENT." A LEASE AGREEMENT BETWEEN THE DEPARTMENT
26 OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION WHICH
27 SHALL INCLUDE PROVISIONS SETTING FORTH THE TERMS OF THE
28 CONVERSION OF INTERSTATE 80 TO A TOLL ROAD.
29 "SCHEDULED ANNUAL COMMISSION CONTRIBUTION." THE FOLLOWING
30 AMOUNTS:
20070H1590B2342 - 262 -
1 (1) $700,000,000 $750,000,000 IN FISCAL YEAR 2007-2008. <--
2 (2) $850,000,000 IN FISCAL YEAR 2008-2009.
3 (3) $900,000,000 IN FISCAL YEAR 2009-2010.
4 (4) FOR FISCAL YEAR 2010-2011, AND EACH FISCAL YEAR
5 THEREAFTER, THE AMOUNT SHALL BE THE AMOUNT CALCULATED FOR THE
6 PREVIOUS YEAR INCREASED BY 2.5%, EXCEPT THAT THE AMOUNT SHALL
7 BE EQUAL TO THE ANNUAL BASE PAYMENTS PLUS $250,000,000 IF THE
8 CONVERSION NOTICE IS NOT RECEIVED BY THE SECRETARY PRIOR TO
9 THE EXPIRATION OF THE CONVERSION PERIOD.
10 SECTION 6 5. SECTION 8911 INTRODUCTORY PARAGRAPH OF TITLE 75 <--
11 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO
12 READ:
13 § 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS.
14 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS
15 THIS COMMONWEALTH, THE COMMISSION IS HEREBY AUTHORIZED AND
16 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS
17 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND
18 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND
19 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS,
20 STORM WATER MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS,
21 TUNNELS AND BRIDGES, SUBJECT TO THE WAIVER OF THE FEDERAL TOLL
22 PROHIBITION PROVISIONS WHERE APPLICABLE, AS FOLLOWS:
23 * * *
24 (10) OTHER SLIP RAMPS AND INTERCHANGES AS THE COMMISSION
25 MAY DETERMINE.
26 SECTION 7 6. SECTION 8915 INTRODUCTORY PARAGRAPH OF TITLE 75 <--
27 IS AMENDED TO READ:
28 § 8915. CONVERSION TO TOLL ROADS.
29 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS
30 THIS COMMONWEALTH, AND [AFTER] TO FACILITATE THE COMPLETION OF
20070H1590B2342 - 263 -
1 THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTION
2 8911 (RELATING TO IMPROVEMENT AND EXTENSION AUTHORIZATIONS), AND
3 SUBJECT TO PRIOR LEGISLATIVE APPROVAL BY THE GENERAL ASSEMBLY
4 AND THE UNITED STATES CONGRESS, THE COMMISSION IS HEREBY
5 AUTHORIZED AND EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS
6 OF PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY [BE REQUIRED
7 IN ORDER TO] FACILITATE THE COMPLETION OF THE TURNPIKE
8 EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTIONS 8912
9 (RELATING TO SUBSEQUENT EXTENSION AUTHORIZATIONS), 8913
10 (RELATING TO ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS) AND
11 8914 (RELATING TO FURTHER SUBSEQUENT AUTHORIZATIONS) AND TO
12 OPERATE AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS
13 UPON THE APPROVAL BY THE CONGRESS OF THE UNITED STATES OF
14 AMERICA AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF
15 LEGISLATION EXPRESSLY PERMITTING THE CONVERSION OF SUCH
16 INTERSTATES TO TOLL ROADS. SUCH CONVERSIONS SHALL TAKE PLACE AT
17 A TIME AND MANNER SET FORTH IN THE PLAN FOR THE CONVERSION
18 PREPARED BY THE COMMISSION WITH THE COOPERATION OF THE
19 DEPARTMENT. THE PROVISIONS AUTHORIZING THE COMMISSION TO
20 CONSTRUCT, OPERATE AND MAINTAIN THE TURNPIKE ROUTES IN SECTIONS
21 8911, 8912 AND 8913 SHALL BE SUBJECT TO:
22 * * *
23 SECTION 8 7. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <--
24 § 8915.1. CONVERSION OF INTERSTATE 80.
25 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS
26 COMMONWEALTH, THE COMMISSION IS AUTHORIZED AND EMPOWERED TO DO
27 ALL OF THE FOLLOWING:
28 (1) CONVERT INTERSTATE 80 TO A TOLL ROAD AND MAINTAIN
29 AND OPERATE IT AS A TOLL ROAD.
30 (2) CONSTRUCT, RECONSTRUCT, WIDEN, EXPAND, EXTEND,
20070H1590B2342 - 264 -
1 OPERATE, MAINTAIN AND MAINTAIN AND OPERATE INTERSTATE 80 FROM <--
2 A POINT AT OR NEAR THE OHIO BORDER TO A POINT AT OR NEAR THE
3 NEW JERSEY BORDER, TOGETHER WITH CONNECTING ROADS,
4 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES.
5 (3) ISSUE TURNPIKE REVENUE BONDS, NOTES OR OTHER
6 OBLIGATIONS, PAYABLE SOLELY FROM REVENUES OF THE COMMISSION,
7 INCLUDING TOLLS, OR FROM FUNDS AS MAY BE AVAILABLE TO THE
8 COMMISSION FOR THAT PURPOSE, TO PAY THE COST OF CONSTRUCTION,
9 RECONSTRUCTING, WIDENING, EXPANDING OR EXTENDING INTERSTATE <--
10 80 OR ANY OTHER COSTS OF INTERSTATE 80 AND THE PENNSYLVANIA
11 TURNPIKE.
12 (4) PROVIDE QUARTERLY REPORTS AND PERIODIC UPDATES <--
13 REGARDING SIGNIFICANT DEVELOPMENTS WITH RESPECT TO THE
14 CONVERSION OF INTERSTATE 80 TO THE CHAIRMAN AND MINORITY
15 CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE SENATE AND
16 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE TRANSPORTATION
17 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THESE REPORTS
18 SHALL INCLUDE, AT A MINIMUM, THE STATUS OF OUTSTANDING
19 DISCUSSIONS WITH THE UNITED STATES DEPARTMENT OF
20 TRANSPORTATION REGARDING INTERSTATE 80, THE LOCATION AND
21 CONSTRUCTION OF TOLLING-RELATED EQUIPMENT FOR INTERSTATE 80,
22 PLANNED CAPITAL IMPROVEMENTS FOR INTERSTATE 80 AND OTHER
23 INFORMATION IMPORTANT TO IMPLEMENTATION OF THIS SECTION.
24 § 8915.2. APPLICATION TO UNITED STATES DEPARTMENT OF
25 TRANSPORTATION.
26 (A) APPLICATION.--THE COMMISSION, IN CONSULTATION WITH THE
27 DEPARTMENT AND AT ITS OWN EXPENSE, IS AUTHORIZED TO PREPARE AND
28 SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF
29 TRANSPORTATION FOR THE CONVERSION OF INTERSTATE 80 TO A TOLL
30 ROAD. THE SECRETARY SHALL ENSURE THAT ALL INFORMATION REQUIRED
20070H1590B2342 - 265 -
1 FOR THE APPLICATION IS MADE AVAILABLE TO THE COMMISSION AS SOON
2 AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTION.
3 (B) OPEN SYSTEM.--A TOLL SYSTEM SHALL CONSIST OF WHAT IS
4 COMMONLY REFERRED TO AS AN OPEN SYSTEM WITH NO MORE THAN TEN
5 TOLL COLLECTION POINTS.
6 (C) OTHER AGREEMENTS.--THE COMMISSION AND THE DEPARTMENT MAY
7 ENTER INTO ANY OTHER AGREEMENTS AS MAY BE NECESSARY TO
8 EFFECTUATE THE EXECUTION OF THE APPLICATION FILED UNDER THIS
9 SECTION.
10 § 8915.3. LEASE OF INTERSTATE 80; RELATED AGREEMENTS.
11 THE DEPARTMENT AND THE COMMISSION SHALL ENTER INTO A LEASE
12 AGREEMENT RELATING TO INTERSTATE 80 PRIOR TO OCTOBER 15, 2007.
13 THE LEASE AGREEMENT SHALL INCLUDE PROVISIONS SETTING FORTH THE
14 TERMS AND CONDITIONS OF THE CONVERSION OF INTERSTATE 80 TO A
15 TOLL ROAD. THE LEASE AGREEMENT AND ANY RELATED AGREEMENT, AT A
16 MINIMUM, SHALL INCLUDE THE FOLLOWING:
17 (1) A PROVISION THAT THE TERM OF THE LEASE AGREEMENT
18 SHALL BE 50 YEARS, UNLESS EXTENDED UPON MUTUAL AGREEMENT OF
19 THE PARTIES TO THE LEASE AGREEMENT AND UPON APPROVAL OF THE <--
20 GENERAL ASSEMBLY.
21 (2) A PROVISION ESTABLISHING A THE CONVERSION PERIOD AND <--
22 AUTHORIZING EXTENSION OF THE CONVERSION PERIOD AT THE SOLE
23 OPTION OF THE COMMISSION FOR THREE ONE-YEAR EXTENSION PERIODS
24 AFTER CONSULTATION WITH THE SECRETARY. THE COMMISSION SHALL
25 NOTIFY THE SECRETARY OF ITS INTENT TO EXTEND THE CONVERSION
26 PERIOD NOT LESS THAN 90 DAYS BEFORE THE SCHEDULED EXPIRATION
27 OF THE CONVERSION PERIOD. DURING THE CONVERSION PERIOD, ALL
28 LEGAL, FINANCIAL AND OPERATIONAL RESPONSIBILITY FOR
29 INTERSTATE 80 SHALL REMAIN WITH THE DEPARTMENT. ALL
30 OPERATIONS AND PROGRAMMED REHABILITATION SHALL BE MAINTAINED
20070H1590B2342 - 266 -
1 AT LEVELS NO LESS FAVORABLE THAN THOSE SET FORTH IN THE
2 DEPARTMENT'S 12-YEAR PLAN AT THE TIME OF THE EXECUTION OF THE
3 LEASE, WITH MODIFICATIONS AS ARE APPROVED IN WRITING BY THE
4 CHAIRMAN OF THE COMMISSION.
5 (3) A PROVISION PERMITTING THE COMMISSION TO EXERCISE
6 ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD PRIOR TO
7 THE EXPIRATION OF THE CONVERSION PERIOD BY PROVIDING THE
8 CONVERSION NOTICE TO THE SECRETARY. BEGINNING ON THE
9 CONVERSION DATE, ALL LEGAL, FINANCIAL AND OPERATIONAL
10 RESPONSIBILITY FOR INTERSTATE 80, AS WELL AS ALL TOLL
11 REVENUES SUBSEQUENTLY COLLECTED WITH RESPECT TO ITS USE,
12 SHALL AUTOMATICALLY TRANSFER TO THE COMMISSION. THE
13 SECRETARY, WITHIN FIVE BUSINESS DAYS AFTER RECEIVING THE
14 CONVERSION NOTICE, SHALL FORWARD NOTICE OF THE CONVERSION
15 DATE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN
16 THE PENNSYLVANIA BULLETIN. ANY REVENUES COLLECTED PRIOR TO
17 THE CONVERSION DATE SHALL BE RETAINED BY THE DEPARTMENT. THE
18 COMMISSION MAY SHALL MAY CONTRACT WITH THE DEPARTMENT FOR ANY <--
19 PORTION OF THE MAINTENANCE OF INTERSTATE 80 AT COST LEVELS
20 AGREED TO BY THE DEPARTMENT AND THE COMMISSION.
21 (4) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL
22 BASE PAYMENTS TO THE DEPARTMENT DURING THE TERM OF THE LEASE
23 AGREEMENT.
24 (5) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL
25 ADDITIONAL PAYMENTS TO THE DEPARTMENT. THE ANNUAL ADDITIONAL
26 PAYMENTS SHALL BE PAYABLE IN FOUR EQUAL INSTALLMENTS ON THE
27 LAST BUSINESS DAY OF EACH JULY, OCTOBER, JANUARY AND APRIL OF
28 EACH YEAR DURING THE TERM OF THE LEASE AGREEMENT.
29 (6) A PROVISION REQUIRING THE COMMISSION TO PAY,
30 COMMENCING IN THE FISCAL YEAR INCLUDING THE CONVERSION DATE,
20070H1590B2342 - 267 -
1 ANNUAL SURPLUS PAYMENTS TO THE DEPARTMENT. THE ANNUAL SURPLUS
2 PAYMENTS SHALL BE PAYABLE BY THE COMMISSION WITHIN 30 DAYS OF
3 RECEIPT BY THE COMMISSION OF THE AUDITOR GENERAL'S
4 CERTIFICATE.
5 (7) A PROVISION STATING THAT THE OBLIGATION OF THE
6 COMMISSION TO PAY THE ANNUAL BASE PAYMENTS, THE ANNUAL
7 ADDITIONAL PAYMENTS AND ANNUAL SURPLUS PAYMENTS SHALL BE A
8 SUBORDINATE OBLIGATION OF THE COMMISSION PAYABLE FROM AMOUNTS
9 IN THE GENERAL RESERVE FUND OF THE COMMISSION ONLY AS
10 PERMITTED BY ANY FINANCING DOCUMENTS, FINANCIAL COVENANTS,
11 LIQUIDITY POLICIES OR AGREEMENTS IN EFFECT AT THE COMMISSION.
12 § 8915.4. INITIAL PAYMENT.
13 (A) COMMISSION PAYMENT REQUIRED.--WITHIN 20 DAYS AFTER THE
14 EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL PAY TO THE
15 DEPARTMENT AN AMOUNT EQUAL TO $62,500,000, WHICH SHALL BE
16 DEPOSITED INTO THE PUBLIC TRANSPORTATION TRUST FUND. THE AMOUNT
17 PAID SHALL REPRESENT 25% OF THE AMOUNT THE DEPARTMENT IS
18 REQUIRED TO DEPOSIT INTO THE PUBLIC TRANSPORTATION TRUST FUND
19 UNDER 74 PA.C.S. § 1506(B)(1)(I)(A) (RELATING TO FUND) AND IS <--
20 PAYABLE BY THE COMMISSION UNDER THE LEASE AGREEMENT. REQUIRED TO <--
21 BE EXECUTED BETWEEN THE COMMISSION AND THE DEPARTMENT UNDER
22 SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 80).
23 (B) USE OF PAYMENT.--THE DEPARTMENT SHALL ALLOCATE THE FUNDS
24 RECEIVED UNDER SUBSECTION (A) AS PRESCRIBED UNDER 74 PA.C.S. § <--
25 1506 PURSUANT TO 74 PA.C.S. CH. 15 (RELATING TO SUSTAINABLE <--
26 MOBILITY OPTIONS).
27 (C) CREDITS.--THE PAYMENT MADE BY THE COMMISSION UNDER THIS
28 SECTION SHALL BE CREDITED AGAINST THE TOTAL AMOUNT OWED PAYABLE <--
29 BY THE COMMISSION UNDER THE LEASE AGREEMENT FOR THE 2007-2008
30 FISCAL YEAR.
20070H1590B2342 - 268 -
1 § 8915.5. OTHER INTERSTATE HIGHWAYS.
2 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS
3 COMMONWEALTH AND PURSUANT TO THE AUTHORITY GRANTED UNDER THIS
4 CHAPTER, THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO:
5 (1) AT ITS OWN EXPENSE AND IN CONSULTATION WITH THE
6 DEPARTMENT, PREPARE A CONSULTING CIVIL ENGINEER REPORT AND
7 FINANCIAL ANALYSIS WITH RESPECT TO THE FEASIBILITY OF
8 CONVERTING ANY INTERSTATE HIGHWAY OR INTERSTATE HIGHWAY
9 SEGMENT TO A TOLL ROAD OR ADDING TO SAID INTERSTATES
10 ADDITIONAL CAPACITY PROJECTS FINANCED BY TOLLS; AND
11 (2) AT ITS OWN EXPENSE, AND IN CONSULTATION WITH THE
12 DEPARTMENT AND WITH APPROVAL OF THE GENERAL ASSEMBLY, PREPARE
13 AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF
14 TRANSPORTATION FOR THE CONVERSION OF ANY INTERSTATE OR
15 INTERSTATE SEGMENT DETERMINED TO BE ELIGIBLE FOR CONVERSION
16 TO A TOLL ROAD UNDER ANY APPLICABLE FEDERAL PROGRAM.
17 § 8915.6. DEPOSIT AND DISTRIBUTION OF FUNDS.
18 (A) DEPOSITS.--THE UPON RECEIPT BY THE DEPARTMENT, THE <--
19 FOLLOWING AMOUNTS FROM THE SCHEDULED ANNUAL COMMISSION
20 CONTRIBUTION SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND:
21 (1) FOR FISCAL YEAR 2007-2008, $450,000,000.
22 (2) FOR FISCAL YEAR 2008-2009, $500,000,000.
23 (3) FOR FISCAL YEAR 2009-2010, $500,000,000.
24 (4) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL YEAR
25 THEREAFTER, THE AMOUNT CALCULATED FOR THE PREVIOUS YEAR
26 INCREASED BY 2.5%.
27 (B) DISTRIBUTION.--THE FOLLOWING SHALL APPLY:
28 (1) ANNUALLY, 15% OF THE AMOUNT DEPOSITED IN ANY FISCAL
29 YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED AT THE
30 DISCRETION OF THE SECRETARY.
20070H1590B2342 - 269 -
1 (2) ANNUALLY, $5,000,000 OF THE AMOUNT DEPOSITED IN ANY
2 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO
3 COUNTIES.
4 (I) THE DISTRIBUTION SHALL BE IN THE RATIO OF:
5 (A) THE SQUARE FOOTAGE OF DECK AREA OF A
6 COUNTY'S COUNTY-OWNED BRIDGES; TO
7 (B) THE TOTAL SQUARE FOOTAGE OF DECK AREA OF
8 COUNTY-OWNED BRIDGES THROUGHOUT THIS COMMONWEALTH.
9 (II) THE AMOUNT OF SQUARE FOOTAGE UNDER SUBPARAGRAPH
10 (I) SHALL BE THAT REPORTED AS PART OF THE NATIONAL BRIDGE
11 INSPECTION STANDARDS PROGRAM.
12 (3) ANNUALLY, $30,000,000 OF THE AMOUNT DEPOSITED IN ANY
13 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO
14 MUNICIPALITIES PURSUANT TO THE ACT OF JUNE 1, 1956 (1955
15 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX
16 MUNICIPAL ALLOCATION LAW.
17 (4) ANY FUNDS DEPOSITED UNDER SUBSECTION (A) BUT NOT
18 DISTRIBUTED UNDER PARAGRAPHS (1), (2) AND (3) SHALL BE
19 DISTRIBUTED IN ACCORDANCE WITH NEEDS-BASED FORMULAS THAT ARE
20 DEVELOPED AND SUBJECT TO PERIODIC REVISION BASED ON
21 CONSULTATION AND COLLABORATION AMONG METROPOLITAN PLANNING
22 ORGANIZATIONS, RURAL PLANNING ORGANIZATIONS AND THE
23 DEPARTMENT.
24 (C) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
25 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
26 SUBSECTION, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
27 "METROPOLITAN PLANNING ORGANIZATION." THE POLICY BOARD OF AN
28 ORGANIZATION CREATED AND DESIGNATED TO CARRY OUT THE
29 METROPOLITAN TRANSPORTATION PLANNING PROCESS.
30 "RURAL PLANNING ORGANIZATION." THE ORGANIZATION OF COUNTIES
20070H1590B2342 - 270 -
1 WITH POPULATIONS OF LESS THAN 50,000 CREATED AND DESIGNATED AS
2 LOCAL DEVELOPMENT DISTRICTS AND WHICH CARRY OUT THE RURAL
3 TRANSPORTATION PLANNING PROCESS.
4 § 8915.7. IMPACT ON ASSOCIATED HIGHWAYS AND LOCAL ROADS. <--
5 PRIOR TO THE CONVERSION DATE AND WITHIN ONE YEAR FOLLOWING
6 THE CONVERSION DATE, THE COMMISSION, IN COLLABORATION WITH THE
7 DEPARTMENT, SHALL CONDUCT TRAFFIC STUDIES TO DETERMINE THE
8 AVERAGE DAILY TRAFFIC ON ASSOCIATED ROADS AND HIGHWAYS. THE
9 PURPOSE OF THESE STUDIES WILL BE TO QUANTIFY ANY DIVERSION OF
10 TRAFFIC FROM INTERSTATE 80 TO OTHER ROADWAYS AS A RESULT OF THE
11 CONVERSION. THIS SECTION SHALL NOT REQUIRE DUPLICATION OF
12 TRAFFIC STUDIES UNDERTAKEN BY THE COMMISSION AS A PART OF THE
13 CONVERSION PROCESS OR UNDERTAKEN BY THE DEPARTMENT AS A NORMAL
14 COURSE OF THE DEPARTMENT'S OPERATIONS.
15 § 8917. FINANCIAL PLAN.
16 (A) SUBMISSION.--
17 (1) NO LATER THAN APRIL JUNE 1 OF EACH YEAR, THE <--
18 COMMISSION SHALL PREPARE AND PROVIDE TO THE SECRETARY OF THE
19 BUDGET A FINANCIAL PLAN FOR THE ENSUING FISCAL YEAR OF THE
20 COMMISSION THAT DESCRIBES THE COMMISSION'S PROPOSED:
21 (I) OPERATING AND CAPITAL EXPENDITURES;
22 (II) BORROWINGS;
23 (III) LIQUIDITY AND OTHER FINANCIAL MANAGEMENT
24 COVENANTS AND POLICIES;
25 (IV) ESTIMATED TOLL RATES; AND
26 (V) ALL OTHER REVENUES AND EXPENDITURES.
27 (2) THE FINANCIAL PLAN SHALL DEMONSTRATE THAT THE
28 OPERATION OF THE COMMISSION IN ACCORDANCE WITH THE PLAN CAN
29 REASONABLY BE ANTICIPATED TO RESULT IN THE COMMISSION HAVING
30 UNENCUMBERED FUNDS DURING THE ENSUING AND FUTURE FISCAL YEARS
20070H1590B2342 - 271 -
1 OF THE COMMISSION SUFFICIENT TO MAKE THE PAYMENTS DUE TO THE
2 DEPARTMENT UNDER THIS CHAPTER AND THE LEASE AGREEMENT FOR THE
3 ENSUING AND FUTURE FISCAL YEARS AFTER ALL OTHER OBLIGATIONS
4 OF THE COMMISSION HAVE BEEN MET. FINANCIAL PLANS PREPARED
5 AFTER APRIL JUNE 1, 2008, SHALL ALSO DESCRIBE ANY DEVIATIONS <--
6 THAT OCCURRED FROM THE FINANCIAL PLAN FOR THE PRIOR FISCAL
7 YEAR OF THE COMMISSION AND THE REASONS FOR THE DEVIATIONS.
8 (B) RECEIPT.--IF THE SECRETARY OF THE BUDGET RECEIVES THE
9 FINANCIAL PLAN BY THE DATE REQUIRED UNDER SUBSECTION (A), THE
10 COMMISSION SHALL BE AUTHORIZED TO CONDUCT ITS OPERATIONS IN
11 ACCORDANCE WITH THE PLAN. THE FINANCIAL PLAN MAY NOT BE AMENDED
12 BY THE COMMISSION UNLESS THE COMMISSION NOTIFIES THE SECRETARY
13 IN WRITING OF THE AMENDMENT.
14 (C) COOPERATION.--THE COMMISSION SHALL PROVIDE TO THE
15 SECRETARY OF THE BUDGET ALL INFORMATION REQUESTED IN CONNECTION
16 WITH REVIEW OF A FINANCIAL PLAN, INCLUDING MATERIALS USED TO
17 PREPARE THE PLAN. THE INFORMATION SHALL BE PROVIDED AS SOON AS
18 PRACTICABLE AFTER THE REQUEST.
19 (D) EFFECT OF PROVISIONS.--NOTHING IN THIS SECTION OR <--
20 SECTION 8918 (RELATING TO FAILURE TO PERFORM) SHALL BE DEEMED TO
21 PREVENT THE COMMISSION FROM CONDUCTING ITS NORMAL COURSE OF
22 BUSINESS OR PREVENT THE COMMISSION FROM COMPLYING WITH ANY
23 COVENANTS MADE TO CURRENT BONDHOLDERS, DEBT HOLDERS OR <--
24 CREDITORS.
25 (E) LEASE AGREEMENT.--THE PROVISIONS OF THIS SECTION AND
26 SECTION 8918 SHALL BE INCLUDED IN THE LEASE AGREEMENT.
27 § 8918. FAILURE TO PERFORM.
28 (A) NOTICE.--THE SECRETARY OF THE BUDGET SHALL SEND WRITTEN
29 NOTICE TO THE COMMISSION AND TO THE GOVERNOR OF THE FAILURE OF
30 THE COMMISSION TO DO ANY OF THE FOLLOWING:
20070H1590B2342 - 272 -
1 (1) MAKE A PAYMENT TO THE DEPARTMENT UNDER THIS CHAPTER
2 OR THE LEASE AGREEMENT.
3 (2) DELIVER A FINANCIAL PLAN TO THE SECRETARY OF THE
4 BUDGET WITHIN THE TIME PRESCRIBED UNDER SECTION 8917
5 (RELATING TO FINANCIAL PLAN).
6 (B) UNANIMOUS VOTE REQUIRED.--
7 (1) UPON EXCEPT AS PROVIDED UNDER PARAGRAPH (1.1), UPON <--
8 THE RECEIPT BY THE COMMISSION OF THE NOTICE UNDER SUBSECTION
9 (A) AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ACTION OF
10 THE COMMISSION TAKEN BY VOTE OF THE COMMISSIONERS SHALL
11 REQUIRE A UNANIMOUS VOTE OF ALL COMMISSIONERS. VIOLATION OF
12 THIS PARAGRAPH SHALL RENDER THE ACTION INVALID.
13 (1.1) A UNANIMOUS VOTE SHALL NOT BE REQUIRED IF IT WOULD <--
14 PREVENT THE COMMISSION FROM COMPLYING WITH ANY COVENANTS MADE
15 TO CURRENT BONDHOLDERS, DEBT HOLDERS OR CREDITORS.
16 (2) THE REQUIREMENT OF PARAGRAPH (1) SHALL CONTINUE
17 UNTIL:
18 (I) THE REQUIRED PAYMENTS HAVE BEEN MADE TO THE
19 DEPARTMENT OR THE REQUIRED FINANCIAL PLAN HAS BEEN
20 DELIVERED; AND
21 (II) THE SECRETARY OF THE BUDGET HAS NOTIFIED THE
22 COMMISSION AND THE GOVERNOR OF THAT FACT.
23 SECTION 9. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <--
24 § 9501. DEFINITIONS.
25 THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS CHAPTER SHALL
26 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE
27 CONTEXT CLEARLY INDICATES OTHERWISE:
28 "ACT 3." THE ACT OF APRIL 17, 1997 (P.L.6, NO.3), ENTITLED,
29 "AN ACT AMENDING TITLES 74 (TRANSPORTATION) AND 75 (VEHICLES) OF
30 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
20070H1590B2342 - 273 -
1 ANNUAL APPROPRIATION AND COMPUTATION OF SUBSIDY AND FOR
2 DISTRIBUTION OF FUNDING; PROVIDING FOR DISTRIBUTION OF
3 SUPPLEMENTAL FUNDING; FURTHER PROVIDING FOR USE OF FUNDS
4 DISTRIBUTED; PROVIDING FOR PUBLIC TRANSPORTATION GRANTS
5 MANAGEMENT ACCOUNTABILITY, FOR COMPETITIVE PROCUREMENT AND FOR
6 THE PUBLIC TRANSPORTATION ASSISTANCE FUND; FURTHER PROVIDING FOR
7 PERIOD OF REGISTRATION, FOR DUTIES OF AGENTS, FOR REGISTRATION
8 AND OTHER FEES, FOR REQUIREMENTS FOR PERIODIC INSPECTION OF
9 VEHICLES, FOR LIMITS ON NUMBER OF TOWED VEHICLES, FOR OPERATION
10 OF CERTAIN COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS AND FOR
11 WIDTH AND LENGTH OF VEHICLES; PROVIDING FOR LIQUID FUELS AND
12 FUELS PERMITS AND BOND OR DEPOSIT OF SECURITIES, FOR IMPOSITION
13 OF LIQUID FUELS AND FUELS TAX, FOR TAXPAYER, FOR DISTRIBUTOR'S
14 REPORT AND PAYMENT OF TAX, FOR DETERMINATION OF TAX, PENALTIES
15 AND INTEREST, FOR EXAMINATION OF RECORDS AND EQUIPMENT, FOR
16 RETENTION OF RECORDS BY DISTRIBUTORS AND DEALERS, FOR
17 DISPOSITION AND USE OF TAX, FOR DISCONTINUANCE OR TRANSFER OF
18 BUSINESS, FOR SUSPENSION OR REVOCATION OF PERMITS, FOR LIEN OF
19 TAXES, PENALTIES AND INTEREST, FOR COLLECTION OF UNPAID TAXES,
20 FOR REPORTS FROM COMMON CARRIERS, FOR VIOLATIONS AND REWARD FOR
21 DETECTION OF VIOLATIONS, FOR REFUNDS, FOR DIESEL FUEL IMPORTERS
22 AND TRANSPORTERS, FOR PROHIBITING USE OF DYED DIESEL FUEL, FOR
23 DISPOSITION OF FEES, FINES AND FORFEITURES, FOR CERTIFIED COPIES
24 OF RECORDS AND FOR UNCOLLECTIBLE CHECKS; FURTHER PROVIDING FOR
25 DISTRIBUTION OF STATE HIGHWAY MAINTENANCE FUNDS AND FOR
26 STANDARDS AND METHODOLOGY FOR DATA COLLECTION; PROVIDING FOR
27 DIRT AND GRAVEL ROAD MAINTENANCE; FURTHER PROVIDING FOR
28 IMPOSITION OF TAX AND ADDITIONAL TAX; PROVIDING FOR TAX ON
29 ALTERNATIVE FUELS; FURTHER PROVIDING FOR DISPOSITION OF TAX
30 REVENUE; MAKING AN APPROPRIATION; AND MAKING REPEALS."
20070H1590B2342 - 274 -
1 "ANNUAL DEBT SERVICE PAYMENTS." THE ANNUAL DEBT SERVICE
2 PAYMENTS ON THE BONDS ISSUED UNDER SECTION 9511.2 (RELATING TO
3 SPECIAL REVENUE BONDS) AND PAYABLE BY THE COMMISSION TO THE
4 DEPARTMENT AS PART OF ANNUAL BASE PAYMENTS AS DEFINED UNDER 75
5 PA.C.S. § 8901 (RELATING TO DEFINITIONS).
6 "BOND RELATED EXPENSES." THE TERM SHALL INCLUDE ALL OF THE
7 FOLLOWING:
8 (1) PRINTING, PUBLICATION OR ADVERTISING EXPENSES WITH
9 RESPECT TO THE SALE AND ISSUANCE OF BONDS.
10 (2) FEES, EXPENSES AND COSTS OF REGISTRARS.
11 (3) FEES, EXPENSES AND COSTS OF ATTORNEYS, ACCOUNTANTS,
12 FEASIBILITY CONSULTANTS, COMPUTER PROGRAMMERS OR OTHER
13 EXPERTS EMPLOYED TO AID IN THE SALE AND ISSUANCE OF THE
14 BONDS.
15 (4) OTHER COSTS, FEES AND EXPENSES INCURRED OR
16 REASONABLY RELATED TO THE ISSUANCE AND SALE OF THE BONDS
17 INCLUDING THE FUNDING OF A DEBT SERVICE RESERVE FUND.
18 "BOND-RELATED OBLIGATION." AN AGREEMENT OR CONTRACTUAL
19 RELATIONSHIP BETWEEN THE PENNSYLVANIA TURNPIKE COMMISSION AND:
20 (1) A BANK, TRUST COMPANY, INSURANCE COMPANY, SURETY
21 BONDING COMPANY, PENSION FUND OR OTHER FINANCIAL INSTITUTION
22 PROVIDING INCREASED CREDIT ON OR SECURITY FOR THE BONDS OR
23 LIQUIDITY FOR SECONDARY MARKET TRANSACTIONS; OR
24 (2) THE COUNTER PARTY TO A SWAP AGREEMENT.
25 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION OR ANY
26 SUCCESSOR ORGANIZATION.
27 "COST OF THE DEPARTMENT." ANY OF THE FOLLOWING: <--
28 (1) THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING,
29 EXPANDING OR EXTENDING THE STATE HIGHWAY AND RURAL STATE
30 HIGHWAY SYSTEM AND ALL CONNECTING ROADS, TUNNELS AND BRIDGES.
20070H1590B2342 - 275 -
1 (2) THE COST OF ALL LANDS, PROPERTY RIGHTS, RIGHTS-OF-
2 WAY, EASEMENTS AND FRANCHISES ACQUIRED, WHICH ARE DEEMED
3 NECESSARY OR CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION,
4 WIDENING, EXPANDING OR EXTENDING UNDER PARAGRAPH (1).
5 (3) THE COST OF ALL MACHINERY AND EQUIPMENT, FINANCING
6 CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR
7 ONE YEAR AFTER COMPLETION OF CONSTRUCTION.
8 (4) THE COST OF TRAFFIC ESTIMATES AND OF, ENGINEERING <--
9 AND LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES
10 OF COST AND OF REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT
11 TO DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE
12 ENTERPRISE, ADMINISTRATIVE AND LEGAL EXPENSES AND OTHER
13 EXPENSES AS MAY BE NECESSARY OR INCIDENT TO THE FINANCING
14 AUTHORIZED UNDER THIS CHAPTER, THE CONSTRUCTION,
15 RECONSTRUCTION, WIDENING, EXPANDING OR EXTENDING OF THE STATE
16 HIGHWAY AND THE RURAL STATE HIGHWAY SYSTEM AND CONNECTING
17 ROADS, TUNNELS AND BRIDGES, THE PLACING OF THE SAME IN
18 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR
19 CONSTRUCTION AND OPERATION.
20 (5) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE
21 DEPARTMENT OF TRANSPORTATION OR WITH THE UNITED STATES OR ANY
22 AGENCY OF THE UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION
23 OF PLANS AND SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND
24 OTHER ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND
25 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION,
26 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND THE
27 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS,
28 TUNNELS AND BRIDGES.
29 (6) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE
30 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A
20070H1590B2342 - 276 -
1 COST.
2 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL <--
3 OF THE FOLLOWING:
4 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR
5 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM
6 AND CONNECTING ROADS, TUNNELS AND BRIDGES.
7 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR
8 PORTIONS OF THE SYSTEMS, THE PLACING OF THE SYSTEMS IN
9 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR
10 CONSTRUCTION AND OPERATION OF THE SYSTEMS.
11 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND
12 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT
13 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR
14 EXTENDING UNDER PARAGRAPH (1) OR (2).
15 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST
16 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER
17 COMPLETION OF CONSTRUCTION.
18 (5) ANY OF THE FOLLOWING:
19 (I) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL
20 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF
21 COST AND OF REVENUES.
22 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO
23 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE
24 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND
25 LEGAL EXPENSES.
26 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT
27 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE
28 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR
29 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE
30 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES.
20070H1590B2342 - 277 -
1 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE
2 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE
3 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND
4 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER
5 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES
6 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION,
7 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND
8 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS,
9 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC
10 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS.
11 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE
12 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A
13 COST OF THE DEPARTMENT.
14 "DESIGN BUILD ARRANGEMENT." A PROCUREMENT OR PROJECT
15 DELIVERY ARRANGEMENT WHEREBY A SINGLE ENTITY, WHICH MAY BE A
16 SINGLE CONTRACTOR OR A CONSORTIUM COMPRISED OF MULTIPLE
17 CONTRACTORS, ENGINEERS AND OTHER SUBCONSULTANTS, IS RESPONSIBLE
18 FOR BOTH THE DESIGN AND CONSTRUCTION OF A TRANSPORTATION PROJECT
19 WITH A GUARANTEED COMPLETION DATE AND GUARANTEED MAXIMUM PRICE.
20 "PLEDGED REVENUES." THE ANNUAL DEBT SERVICE PAYMENTS AND <--
21 REVENUES DESCRIBED IN SECTION 9511.11(A) AND (B) 9511.11(B)(2) <--
22 (RELATING TO PLEDGED REVENUES).
23 "REGULARLY SCHEDULED DEBT SERVICE." THE SCHEDULED PAYMENTS
24 DUE FOR PRINCIPAL AND INTEREST ON BONDS, WITHOUT REGARD TO ANY
25 ACCELERATION OF THE DUE DATE OF SUCH PRINCIPAL OR INTEREST BY
26 REASON OF MANDATORY OR OPTIONAL REDEMPTION OR ACCELERATION
27 RESULTING FROM DEFAULT OR OTHERWISE. THE TERM DOES NOT INCLUDE, <--
28 OTHER THAN AN ADVANCEMENT OF PAYMENT RESULTING FROM A MANDATORY
29 SINKING FUND PAYMENT.
30 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN
20070H1590B2342 - 278 -
1 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS
2 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS
3 THE TOWNSHIP STATE HIGHWAY LAW AND ALL OTHER ROADS AND HIGHWAYS
4 SPECIFICALLY DESIGNATED BY THE SECRETARY OF TRANSPORTATION AS
5 RURAL STATE HIGHWAYS.
6 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE
7 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY
8 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203),
9 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY
10 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY,
11 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE SAME MAY HAVE BEEN
12 TAKEN OVER AS A STATE HIGHWAY.
13 § 9511.2. SPECIAL REVENUE BONDS.
14 (A) PAYMENT SOURCE.--A SPECIAL REVENUE BOND, NOTE OR OTHER
15 OBLIGATION ISSUED UNDER THIS CHAPTER:
16 (1) SHALL NOT BE DEEMED TO BE A DEBT OR LIABILITY OF THE
17 COMMONWEALTH;
18 (2) SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS,
19 LIABILITY OR OBLIGATION OF THE COMMONWEALTH; AND
20 (3) SHALL BE PAYABLE SOLELY FROM PLEDGED REVENUES. <--
21 (B) STATEMENT.--A SPECIAL REVENUE BOND, NOTE OR OTHER
22 OBLIGATION ISSUED UNDER THIS CHAPTER MUST CONTAIN A STATEMENT ON
23 ITS FACE THAT:
24 (1) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE BOND,
25 NOTE OR OBLIGATION OR THE INTEREST ON IT EXCEPT FROM PLEDGED
26 REVENUES; AND
27 (2) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF
28 THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL
29 OR INTEREST OF THE BOND, NOTE OR OBLIGATION.
30 (C) TAXATION.--THE ISSUANCE OF A SPECIAL REVENUE BOND, NOTE
20070H1590B2342 - 279 -
1 OR OTHER OBLIGATION UNDER THIS CHAPTER SHALL NOT DIRECTLY,
2 INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY A
3 TAX OR TO MAKE AN APPROPRIATION FOR PAYMENT.
4 § 9511.3. EXPENSES.
5 (A) REIMBURSEMENT.--THE COMMISSION SHALL BE REIMBURSED FROM <--
6 BOND PROCEEDS FOR THE NECESSARY AND DOCUMENTED REASONABLE
7 EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES PERFORMED
8 UNDER THE PROVISIONS OF THIS CHAPTER.
9 (B) SOURCE.--ALL EXPENSES INCURRED IN CARRYING OUT THE
10 PROVISIONS OF THIS CHAPTER SHALL BE PAID SOLELY FROM FUNDS
11 PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER, AND SUFFICIENT
12 FUNDS SHALL BE PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER TO
13 MEET ANY LIABILITY OR OBLIGATION INCURRED IN CARRYING OUT THE
14 PROVISIONS OF THIS CHAPTER.
15 § 9511.4. SPECIAL REVENUE BONDS AND PRELIMINARY OR INTERIM
16 FINANCING.
17 (A) AUTHORIZATION.--THE COMMISSION IS AUTHORIZED TO PROVIDE,
18 BY RESOLUTION, FOR THE ISSUANCE OF SPECIAL REVENUE BONDS OF THE
19 COMMISSION UP TO AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING <--
20 $5,000,000,000, EXCLUSIVE OF ORIGINAL ISSUE DISCOUNT, FOR THE <--
21 PURPOSE OF PAYING THE COST OF THE DEPARTMENT AND BOND-RELATED
22 EXPENSES. THE RESOLUTION MUST RECITE AN ESTIMATE OF THE COST OF
23 THE DEPARTMENT. NO MORE THAN $600,000,000 IN AGGREGATE PRINCIPAL <--
24 AMOUNT OF SPECIAL REVENUE BONDS, EXCLUSIVE OF ORIGINAL ISSUE <--
25 DISCOUNT, MAY BE ISSUED IN ANY CALENDAR YEAR. NO BOND MAY BE
26 ISSUED AND OUTSTANDING UNDER THIS SECTION UNLESS THE LEASE <--
27 AGREEMENT AUTHORIZED UNDER SECTION 8915.3 (RELATING TO LEASE OF
28 INTERSTATE 80) IS IN EFFECT AS OF THE DATE OF ISSUANCE. NO BOND <--
29 MAY BE OUTSTANDING BEYOND THE TERM OF THE LEASE. SPECIAL REVENUE
30 REFUNDING BONDS AS SET FORTH IN SECTION 9511.9 (RELATING TO
20070H1590B2342 - 280 -
1 SPECIAL REVENUE REFUNDING BONDS) SHALL NOT BE DEEMED TO COUNT
2 AGAINST THE TOTAL OR ANNUAL MAXIMUM ISSUANCE VOLUME. THE
3 PRINCIPAL AND INTEREST OF THE BOND SHALL BE PAYABLE SOLELY FROM
4 REVENUES PLEDGED REVENUES. OF THE MOTOR LICENSE FUND TRANSFERRED <--
5 TO THE COMMISSION FOR THAT PURPOSE TO THE COMMISSION IN
6 COMBINATION WITH ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED
7 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) PAYABLE
8 AS REQUIRED PURSUANT TO THE BONDS.
9 (B) FORM.--
10 (1) A BOND MAY BE ISSUED IN REGISTERED FORM.
11 (2) A BOND:
12 (I) MUST BE DATED;
13 (II) MUST BEAR INTEREST AT A RATE NOT EXCEEDING THE
14 RATE PERMITTED UNDER APPLICABLE LAW;
15 (III) MUST BE PAYABLE SEMIANNUALLY OR AT OTHER TIMES
16 AS SET FORTH IN THE RESOLUTION OF THE COMMISSION
17 AUTHORIZING THE ISSUANCE OF THE BONDS;
18 (IV) MUST MATURE, AS DETERMINED BY THE COMMISSION,
19 NO LATER THAN 40 YEARS FROM THE DATE OF THE BOND; AND
20 (V) MAY BE MADE REDEEMABLE BEFORE MATURITY, AT THE
21 OPTION OF THE COMMISSION, AT A PRICE AND UNDER TERMS AND
22 CONDITIONS FIXED BY THE COMMISSION PRIOR TO THE ISSUANCE
23 OF THE BONDS.
24 (C) ISSUANCE.--
25 (1) THE COMMISSION MAY SELL BONDS AT PUBLIC OR PRIVATE
26 SALE AND FOR A PRICE IT DETERMINES TO BE IN THE BEST INTEREST
27 OF THE COMMONWEALTH.
28 (2) BONDS MAY BE ISSUED IN SERIES WITH VARYING
29 PROVISIONS AS TO ALL OF THE FOLLOWING:
30 (I) RATES OF INTEREST, WHICH MAY BE FIXED OR
20070H1590B2342 - 281 -
1 VARIABLE.
2 (II) OTHER PROVISIONS NOT INCONSISTENT WITH THIS
3 CHAPTER.
4 (D) (RESERVED).
5 (E) PAYMENT.--
6 (1) THE PRINCIPAL AND INTEREST OF THE BONDS MAY BE MADE
7 PAYABLE IN ANY LAWFUL MEDIUM.
8 (2) THE COMMISSION SHALL:
9 (I) DETERMINE THE FORM OF BONDS; AND
10 (II) FIX:
11 (A) THE DENOMINATION OF THE BOND; AND
12 (B) THE PLACE OF PAYMENT OF PRINCIPAL AND
13 INTEREST OF THE BOND, WHICH MAY BE AT ANY BANK OR
14 TRUST COMPANY WITHIN OR WITHOUT THIS COMMONWEALTH.
15 (F) SIGNATURE.--THE BOND MUST BEAR THE MANUAL OR FACSIMILE <--
16 SIGNATURE OF THE GOVERNOR AND OF THE CHAIRMAN OF THE COMMISSION.
17 THE FACSIMILE OF THE OFFICIAL SEAL OF THE COMMISSION SHALL BE <--
18 AFFIXED TO OR A FACSIMILE OF THE OFFICIAL SEAL SHALL BE AFFIXED <--
19 TO OR PRINTED ON THE BOND AND ATTESTED BY THE SECRETARY AND
20 TREASURER OF THE COMMISSION. IF AN OFFICER WHOSE SIGNATURE OR
21 FACSIMILE OF A SIGNATURE APPEARS ON A BOND CEASES TO BE AN
22 OFFICER BEFORE THE DELIVERY OF THE BOND, THE SIGNATURE OR
23 FACSIMILE SHALL NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL
24 PURPOSES, AS IF THE OFFICER REMAINED IN OFFICE UNTIL DELIVERY.
25 (G) NEGOTIABILITY.--A SPECIAL REVENUE BOND ISSUED UNDER THIS
26 CHAPTER SHALL HAVE ALL THE QUALITIES AND INCIDENTS OF A
27 NEGOTIABLE INSTRUMENT UNDER 13 PA.C.S. DIV. 3 (RELATING TO
28 NEGOTIABLE INSTRUMENTS).
29 (H) PROCEEDS.-- <--
30 (1) THE PROCEEDS OF A BOND SHALL BE USED SOLELY FOR THE
20070H1590B2342 - 282 -
1 FOLLOWING:
2 (I) PAYMENT OF THE COST OF THE DEPARTMENT.
3 (II) BOND-RELATED EXPENSES.
4 (2) THE PROCEEDS OF A BOND SHALL BE DISBURSED UPON
5 REQUISITION OF THE SECRETARY UNDER RESTRICTIONS SET FORTH IN
6 THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE BOND OR THE
7 TRUST INDENTURE UNDER SECTION 9511.6 (RELATING TO TRUST
8 INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS AND
9 DEPOSITORIES).
10 (H) PROCEEDS.--THE PROCEEDS OF A BOND SHALL BE USED SOLELY <--
11 FOR THE FOLLOWING:
12 (1) PAYMENT OF THE COST OF THE DEPARTMENT.
13 (2) BOND-RELATED EXPENSES.
14 (I) TEMPORARY BONDS.--PRIOR TO THE PREPARATION OF DEFINITIVE
15 BONDS, THE COMMISSION MAY, UNDER SIMILAR RESTRICTIONS PROVISIONS <--
16 AS THOSE APPLICABLE TO THE DEFINITIVE BONDS, ISSUE TEMPORARY
17 BONDS, EXCHANGEABLE FOR DEFINITIVE BONDS UPON THE ISSUANCE OF
18 DEFINITIVE BONDS.
19 (J) (RESERVED).
20 (K) STATUS AS SECURITIES.--
21 (1) A BOND IS MADE A SECURITY IN WHICH ANY OF THE
22 FOLLOWING MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING
23 CAPITAL, BELONGING TO THEM OR WITHIN THEIR CONTROL:
24 (I) COMMONWEALTH AND MUNICIPAL OFFICERS.
25 (II) COMMONWEALTH AGENCIES.
26 (III) BANKS, BANKERS, SAVINGS BANKS, TRUST
27 COMPANIES, SAVING AND LOAN ASSOCIATIONS, INVESTMENT
28 COMPANIES AND OTHER PERSONS CARRYING ON A BANKING
29 BUSINESS.
30 (IV) INSURANCE COMPANIES, INSURANCE ASSOCIATIONS AND
20070H1590B2342 - 283 -
1 OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS.
2 (V) FIDUCIARIES.
3 (VI) OTHER PERSONS THAT ARE AUTHORIZED TO INVEST IN
4 BONDS OR OTHER OBLIGATIONS OF THE COMMONWEALTH.
5 (2) A BOND IS MADE A SECURITY WHICH MAY PROPERLY AND
6 LEGALLY BE DEPOSITED WITH AND RECEIVED BY A COMMONWEALTH OR
7 MUNICIPAL OFFICER OR A COMMONWEALTH AGENCY FOR ANY PURPOSE
8 FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE
9 COMMONWEALTH IS AUTHORIZED BY LAW.
10 (L) BORROWING.--THE FOLLOWING SHALL APPLY:
11 (1) THE COMMISSION IS AUTHORIZED TO DO ALL OF THE
12 FOLLOWING:
13 (I) BORROW MONEY AT AN INTEREST RATE NOT EXCEEDING
14 THE RATE PERMITTED BY LAW.
15 (II) PROVIDE FOR PRELIMINARY OR INTERIM FINANCING,
16 UP TO BUT NOT EXCEEDING THE ESTIMATED TOTAL COST OF THE
17 DEPARTMENT AND BOND-RELATED EXPENSES AND TO EVIDENCE THE
18 BORROWING BY THE ISSUANCE OF SPECIAL REVENUE NOTES AND,
19 IN ITS DISCRETION, TO PLEDGE AS COLLATERAL FOR THE NOTE
20 OR OTHER OBLIGATION, A SPECIAL REVENUE BOND ISSUED UNDER
21 THE PROVISIONS OF THIS CHAPTER. THE COMMISSION MAY RENEW
22 THE NOTE OR OBLIGATION, AND THE PAYMENT OR RETIREMENT OF
23 THE NOTE OR OBLIGATION SHALL BE CONSIDERED TO BE PAYMENT
24 OF THE COST OF THE PROJECT.
25 (2) A NOTE OR OBLIGATION ISSUED UNDER THIS SUBSECTION
26 MUST CONTAIN A STATEMENT ON ITS FACE THAT:
27 (I) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE
28 NOTE OR OBLIGATION OR INTEREST ON IT, EXCEPT FROM PLEDGED
29 REVENUES OF THE MOTOR LICENSE FUND; AND <--
30 (II) NEITHER THE FAITH AND CREDIT NOR THE TAXING
20070H1590B2342 - 284 -
1 POWER OF THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF
2 ITS PRINCIPAL OR INTEREST.
3 § 9511.5. APPLICATION OF PROCEEDS OF OBLIGATIONS, LIEN OF
4 HOLDERS OF OBLIGATIONS, DESIGN-BUILD REQUIREMENT AND
5 PROJECTS APPROVED BY GENERAL ASSEMBLY.
6 (A) APPLICATION.--THE FOLLOWING SHALL APPLY:
7 (1) ALL MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR <--
8 OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER SHALL BE APPLIED
9 SOLELY TO THE PAYMENT OF:
10 (I) THE COST OF THE DEPARTMENT WHICH IS CONSISTENT <--
11 WITH THE PURPOSE OF THE ISSUE; AND
12 (II) BOND-RELATED EXPENSES.
13 (2) THE COMMISSION MAY PROVIDE BY RESOLUTION THAT UNTIL
14 MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR OTHER <--
15 OBLIGATIONS ISSUED UNDER THIS CHAPTER IS APPLIED UNDER
16 PARAGRAPH (1), A LIEN SHALL EXIST UPON THE MONEY PROCEEDS IN <--
17 FAVOR OF HOLDERS OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR
18 A TRUSTEE PROVIDED FOR IN RESPECT TO THE BONDS, NOTES OR
19 OTHER OBLIGATIONS.
20 (B) DESIGN-BUILD ARRANGEMENTS.--
21 (1) TO FACILITATE THE TIMELY COMPLETION OF PROJECTS TO
22 BE FINANCED BY THE DEPARTMENT WITH BOND PROCEEDS, THE
23 DEPARTMENT SHALL BE REQUIRED TO MAY UTILIZE DESIGN-BUILD <--
24 ARRANGEMENTS FOR EACH PROJECT TO BE FINANCED WITH BOND <--
25 PROCEEDS IF THE PROJECT VALUE IS ESTIMATED BY THE DEPARTMENT
26 TO HAVE A VALUE IN EXCESS OF EXCEED $100,000,000. <--
27 (2) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE
28 DEPARTMENT MAY UTILIZE DESIGN-BUILD ARRANGEMENTS FOR THE
29 FOLLOWING:
30 (I) PROJECTS TO BE FINANCED BY THE DEPARTMENT WITH
20070H1590B2342 - 285 -
1 BOND PROCEEDS FOR PROJECTS ESTIMATED BY THE DEPARTMENT TO
2 HAVE A VALUE OF $100,000,000 OR LESS; AND
3 (II) ALL OTHER CONSTRUCTION PROJECTS OF THE
4 DEPARTMENT NOT INCLUDED UNDER SUBPARAGRAPH (I) OR <--
5 PARAGRAPH (1).
6 (3) THE SELECTION OF THE PARTY FOR A DESIGN-BUILD
7 ARRANGEMENT UNDER THIS SUBSECTION MUST BE CONDUCTED IN A
8 MANNER CONSISTENT WITH THE PROCUREMENT AND PUBLIC BIDDING
9 LAWS APPLICABLE TO THE DEPARTMENT.
10 (C) CAPITAL PROJECTS.--ALL PROJECTS FINANCED BY THE
11 DEPARTMENT WITH BOND PROCEEDS SHALL BE INCLUDED IN ANY
12 SUBMISSION THE DEPARTMENT IS ALREADY REQUIRED TO MAKE TO THE
13 GENERAL ASSEMBLY WITH RESPECT TO THE EXPENDITURE OF FUNDS FOR
14 HIGHWAY PROJECTS.
15 (D) INVESTMENT.--PENDING THE APPLICATION OF PROCEEDS TO
16 COSTS COST OF THE DEPARTMENT AND BOND-RELATED EXPENSES, THE <--
17 COMMISSION MAY INVEST THE FUNDS IN PERMITTED INVESTMENTS AS
18 DEFINED UNDER ANY TRUST INDENTURE. IF THE INVESTMENT IS NOT <--
19 INCONSISTENT WITH EXISTING FIDUCIARY OBLIGATIONS OF THE
20 COMMISSION.
21 § 9511.6. TRUST INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS
22 AND DEPOSITORIES.
23 (A) INDENTURE.--IN THE DISCRETION OF THE COMMISSION, A BOND,
24 NOTE OR OTHER OBLIGATION MAY BE SECURED BY A TRUST INDENTURE BY
25 AND BETWEEN THE COMMISSION AND A CORPORATE TRUSTEE, WHICH MAY BE
26 ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY,
27 WITHIN OR WITHOUT THIS COMMONWEALTH.
28 (B) PLEDGE OR ASSIGNMENT.--A TRUST INDENTURE UNDER
29 SUBSECTION (A) MAY PLEDGE OR ASSIGN THE PLEDGED REVENUES, BUT
30 SHALL NOT CONVEY OR MORTGAGE THE TURNPIKE OR ANY PART OF THE
20070H1590B2342 - 286 -
1 TURNPIKE.
2 (C) RIGHTS AND REMEDIES.--THE RESOLUTION PROVIDING FOR THE
3 ISSUANCE OF THE BOND, NOTE OR OTHER OBLIGATION OF THE TRUST
4 INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND ENFORCING
5 THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES
6 OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER AND NOT IN
7 VIOLATION OF LAW.
8 (D) DEPOSITORY.--IT SHALL BE LAWFUL FOR ANY BANK OR TRUST
9 COMPANY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH TO ACT
10 AS DEPOSITORY OF THE PROCEEDS OF THE BOND, NOTE OR OTHER
11 OBLIGATION OR REVENUE, TO FURNISH INDEMNITY BONDS OR TO PLEDGE
12 SECURITIES AS MAY BE REQUIRED BY THE COMMISSION.
13 (E) INDENTURE.--THE TRUST INDENTURE MAY SET FORTH THE RIGHTS
14 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER
15 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL
16 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER
17 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS,
18 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. THE
19 TRUST INDENTURE MAY CONTAIN OTHER PROVISIONS AS THE COMMISSION
20 MAY DEEM REASONABLE AND PROPER FOR THE SECURITY OF BONDHOLDERS
21 OR HOLDERS OF NOTES OR OTHER OBLIGATIONS.
22 § 9511.7. EXEMPTION FROM COMMONWEALTH TAXATION.
23 THE EFFECTUATION OF THE PURPOSES OF THIS CHAPTER IS FOR THE
24 BENEFIT OF THE CITIZENS OF THIS COMMONWEALTH AND FOR THE
25 IMPROVEMENT OF THEIR COMMERCE AND PROSPERITY. SINCE THE
26 COMMISSION WILL BE PERFORMING ESSENTIAL GOVERNMENT FUNCTIONS IN
27 EFFECTUATING THESE PURPOSES, THE COMMISSION SHALL NOT BE
28 REQUIRED TO PAY ANY TAX OR ASSESSMENT ON ANY PROPERTY ACQUIRED
29 OR USED BY IT FOR THE PURPOSES PROVIDED UNDER THIS CHAPTER. A
30 BOND, NOTE OR OTHER OBLIGATION ISSUED BY THE COMMISSION, ITS
20070H1590B2342 - 287 -
1 TRANSFER AND THE INCOME FROM ITS ISSUANCE AND TRANSFER,
2 INCLUDING ANY PROFITS MADE ON THE SALE OF THE BOND, NOTE OR
3 OTHER OBLIGATION, SHALL BE FREE FROM TAXATION WITHIN THE
4 COMMONWEALTH.
5 § 9511.8. COSTS RELATED TO FEDERAL INCOME TAX MATTERS.
6 TAX MATTER COSTS INCURRED BY THE COMMISSION IN CONNECTION
7 WITH ANY PROCEEDING OF OR FILING WITH THE INTERNAL REVENUE
8 SERVICE CONCERNING THE USE OF PROCEEDS OF BONDS ISSUED UNDER
9 THIS CHAPTER SHALL BE PAID OR REIMBURSED FROM AVAILABLE FUNDS IN
10 THE MOTOR LICENSE FUND. IT IS ANTICIPATED THAT THE INCOME <--
11 RECEIVED BY THE COMMISSION AS A RESULT OF THE SALE OF BONDS
12 UNDER THIS CHAPTER WILL BE FREE OF FEDERAL INCOME TAX. IF THE
13 ACT OR FAILURE TO ACT OF THE DEPARTMENT DIRECTLY RESULTS IN TAX
14 LIABILITY TO THE COMMISSION, THE DEPARTMENT SHALL PAY TO THE
15 COMMISSION, FROM AVAILABLE FUNDS IN THE FUND, THE AMOUNT OF THE
16 LIABILITY. TAX MATTER COSTS SHALL INCLUDE ALL OF THE FOLLOWING:
17 (1) FEES OF TAX COUNSEL OR ARBITRAGE REBATE CALCULATION
18 PROVIDERS.
19 (2) ARBITRAGE REBATE PAYMENTS TO THE EXTENT NOT PROPERLY
20 PAYABLE FROM FUNDS HELD UNDER THE BOND INDENTURE.
21 (3) SETTLEMENT PAYMENTS TO THE INTERNAL REVENUE SERVICE,
22 EITHER IN RELATION TO AN EXAMINATION INITIATED BY THE
23 INTERNAL REVENUE SERVICE OR A CLOSING AGREEMENT REQUESTED BY
24 THE COMMISSION.
25 (4) PAYMENTS TO BONDHOLDERS AS A RESULT OF CLAIMS BASED
26 ON PENDING, THREATENED OR ACTUAL ASSESSMENTS OF TAX, INTEREST
27 OR PENALTIES BY THE INTERNAL REVENUE SERVICE.
28 (5) ANY OTHER COST REASONABLY RELATED TO A PROCEEDING BY
29 OR FILING WITH THE INTERNAL REVENUE SERVICE CONCERNING THE
30 USE OF PROCEEDS OF THE BONDS.
20070H1590B2342 - 288 -
1 § 9511.9. SPECIAL REVENUE REFUNDING BONDS.
2 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR
3 THE ISSUANCE OF SPECIAL REVENUE REFUNDING BONDS OF THE
4 COMMISSION FOR THE PURPOSE OF REFUNDING ANY SPECIAL REVENUE
5 BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF
6 THIS CHAPTER AND THEN OUTSTANDING. THE ISSUANCE OF THE SPECIAL
7 REVENUE REFUNDING BONDS, THE MATURITIES AND OTHER DETAILS OF THE
8 BONDS, THE RIGHTS OF THE HOLDERS OF THE BONDS AND THE DUTIES OF
9 THE DEPARTMENT AND OF THE COMMISSION WITH RESPECT TO THE BONDS
10 SHALL BE GOVERNED BY THE PROVISIONS OF THIS CHAPTER.
11 § 9511.10. REMEDIES OF TRUSTEES AND OF HOLDERS OF OBLIGATIONS.
12 (A) GRANT OF RIGHTS.--A HOLDER OF A BOND, NOTE OR OTHER
13 OBLIGATION ISSUED UNDER THIS CHAPTER AND THE TRUSTEE UNDER THE
14 TRUST INDENTURE MAY, EITHER AT LAW OR IN EQUITY, BY SUIT,
15 ACTION, MANDAMUS OR OTHER PROCEEDING, DO ALL OF THE FOLLOWING:
16 (1) PROTECT AND ENFORCE ANY RIGHT GRANTED UNDER THIS
17 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE.
18 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES
19 REQUIRED UNDER THIS CHAPTER OR BY RESOLUTION OR TRUST
20 INDENTURE TO BE PERFORMED BY THE COMMISSION OR ANY OFFICER OF
21 ITS OFFICERS, INCLUDING THE COLLECTION OF THE PLEDGED
22 RESERVES REVENUES. <--
23 (B) EXCEPTION.--RIGHTS GIVEN UNDER THIS CHAPTER MAY BE
24 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE
25 BONDS, NOTES OR OTHER OBLIGATIONS, OR BY THE TRUST INDENTURE.
26 § 9511.11. PLEDGED REVENUES.
27 (A) ANNUAL DEBT SERVICE PAYMENTS.--UPON RECEIPT BY THE
28 DEPARTMENT OF THE ANNUAL DEBT SERVICE PAYMENTS, THE DEPARTMENT
29 SHALL PAY THEM TO THE TRUSTEE FOR THE HOLDERS OF THE BONDS
30 ISSUED UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS).
20070H1590B2342 - 289 -
1 (B) PAYMENT DEFAULT.--
2 (1) THE DEPARTMENT SHALL NOTIFY THE STATE TREASURER IF
3 THE DEPARTMENT RECEIVES A NOTICE FROM THE TRUSTEE WHICH:
4 (I) INDICATES THAT A DEFAULT IN THE PAYMENT OF <--
5 REGULARLY SCHEDULED BY THE COMMISSION ON ITS REGULARLY <--
6 SCHEDULED DEPOSITS WITH RESPECT TO DEBT SERVICE ON THE
7 BONDS HAS OCCURRED; AND
8 (II) INDICATES THE AMOUNT REQUIRED TO REMEDY THE
9 DEFAULT.
10 (2) UPON NOTICE UNDER PARAGRAPH (1), THE STATE TREASURER
11 SHALL DO ALL OF THE FOLLOWING:
12 (I) NOTWITHSTANDING SECTION 9010 (RELATING TO
13 DISPOSITION AND USE OF TAX), TRANSFER TO THE TRUSTEE FROM
14 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE
15 IMPOSITION OF THE TAX UNDER SECTION 9004(A) (RELATING TO
16 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) THE AMOUNT
17 NECESSARY TO REMEDY THE DEFAULT UNDER PARAGRAPH (1)(II).
18 (II) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT
19 OF THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) ARE
20 NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER PARAGRAPH
21 (1)(II) AND NOTWITHSTANDING SECTION 9511 (RELATING TO
22 ALLOCATION OF PROCEEDS), TRANSFER TO THE TRUSTEE FROM
23 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE
24 IMPOSITION OF THE TAX UNDER 9502(A)(1), (2)(I), (II),
25 (III) AND (IV) AND (3)(II) (RELATING TO IMPOSITION OF
26 TAX), AN AMOUNT NECESSARY, WHEN COMBINED WITH ANY FUNDS
27 TRANSFERRED UNDER SUBPARAGRAPH (I), TO REMEDY THE
28 DEFAULT.
29 (III) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF
30 THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) AND
20070H1590B2342 - 290 -
1 SECTION 9502(A)(1), (2)(I), (II), (III) AND (IV) AND
2 (3)(II) ARE NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER
3 PARAGRAPH (1)(II) AND NOTWITHSTANDING THE PROVISIONS OF
4 SECTION 20 OF ACT 3, TRANSFER TO THE TRUSTEE FROM FUNDS
5 IN THE MOTOR LICENSE FUND AS A RESULT OF THE
6 APPROPRIATION TO THE COMMISSION UNDER SECTION 20 OF ACT <--
7 IMPOSITION OF FEES SPECIFIED UNDER SECTIONS 1912 <--
8 (RELATING TO PASSENGER CARS), 1913 (RELATING TO MOTOR
9 HOMES), 1914 (RELATING TO MOTORCYCLES), 1915 (RELATING TO
10 MOTOR-DRIVEN CYCLES), 1916 (RELATING TO TRUCKS AND TRUCK
11 TRACTORS), 1917 (RELATING TO MOTOR BUSES AND LIMOUSINES),
12 1921 (RELATING TO SPECIAL MOBILE EQUIPMENT), 1922
13 (RELATING TO IMPLEMENTS OF HUSBANDRY), 1923 (RELATING TO
14 ANTIQUE, CLASSIC AND COLLECTIBLE VEHICLES), 1924
15 (RELATING TO FARM VEHICLES), 1925 (RELATING TO
16 AMBULANCES, TAXIS AND HEARSES), 1926 (RELATING TO DEALERS
17 AND MISCELLANEOUS MOTOR VEHICLE BUSINESS), 1926.1
18 (RELATING TO FARM EQUIPMENT VEHICLE DEALERS), 1927
19 (RELATING TO TRANSFER OF REGISTRATION), 1929 (RELATING TO
20 REPLACEMENT REGISTRATION PLATES), 1932 (RELATING TO
21 DUPLICATE REGISTRATION CARDS), 1933 (RELATING TO
22 COMMERCIAL IMPLEMENTS OF HUSBANDRY) AND 1952 (RELATING TO
23 CERTIFICATE OF TITLE), NET OF AMOUNTS APPROPRIATED TO THE
24 COMMISSION UNDER SECTION 20 OF ACT 3, AN AMOUNT
25 NECESSARY, WHEN COMBINED WITH FUNDS TRANSFERRED UNDER
26 SUBPARAGRAPHS (I) AND (II), TO REMEDY THE DEFAULT.
27 (C) COMMONWEALTH PLEDGE.--THIS SUBSECTION SHALL OPERATE AS A
28 PLEDGE BY THE COMMONWEALTH TO AN INDIVIDUAL OR ENTITY THAT
29 ACQUIRES A BOND ISSUED BY THE COMMISSION UNDER SECTION 9511.2:
30 (1) TO SECURE THE PORTION OF THE MONEY DESCRIBED UNDER
20070H1590B2342 - 291 -
1 THIS SECTION AND DISTRIBUTED UNDER THIS SECTION; AND
2 (2) TO NOT LIMIT OR ALTER THE RIGHTS VESTED IN THE
3 COMMISSION OR THE TRUSTEE FOR THE BONDS TO THE APPROPRIATION
4 AND DISTRIBUTION OF MONEY SET FORTH UNDER THIS SECTION.
5 § 9511.12. LIMIT ON TRANSFERS FROM THE MOTOR LICENSE FUND. <--
6 IF IN ANY MONTH THE STATE TREASURER RECEIVES A NOTICE FROM
7 THE COMMISSION UNDER SECTION 8915.3(4) (RELATING TO LEASE OF
8 INTERSTATE 80; RELATED AGREEMENTS) THAT MONEY IS REQUIRED TO BE
9 TRANSFERRED TO THE TRUSTEE TO SATISFY THE PROVISIONS OF THE
10 TRUST INDENTURE RELATING TO BONDS ISSUED UNDER SECTION 9511.2
11 (RELATING TO SPECIAL REVENUE BONDS), THE STATE TREASURER SHALL,
12 IN THAT MONTH, TRANSFER FROM THE MOTOR LICENSE FUND UNDER
13 SECTION 9511.11 (RELATING TO PLEDGED REVENUES), AN AGGREGATE
14 AMOUNT, NOT TO EXCEED $___________, EQUAL TO THE AMOUNT REQUIRED
15 TO BE TRANSFERRED TO THE COMMISSION PURSUANT TO THE NOTICE.
16 § 9511.12. (RESERVED). <--
17 § 9511.13. SUPPLEMENT TO OTHER LAWS AND LIBERAL CONSTRUCTION.
18 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL
19 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED
20 AS IN DEROGATION OF ANY POWERS EXISTING ON THE EFFECTIVE DATE OF
21 THIS SECTION. THE PROVISIONS OF THIS CHAPTER, BEING NECESSARY
22 FOR THE WELFARE OF THE COMMONWEALTH AND ITS CITIZENS, SHALL BE
23 LIBERALLY CONSTRUED TO EFFECT THE PURPOSES OF THIS CHAPTER.
24 SECTION 13 8. (A) FINANCIAL ASSISTANCE MADE BY THE <--
25 DEPARTMENT OF TRANSPORTATION UNDER 74 PA.C.S. CH. 13 PRIOR TO
26 THE EFFECTIVE DATE OF THIS SECTION MAY CONTINUE TO BE USED BY
27 RECIPIENTS FOR OPERATING OR CAPITAL EXPENSES UPON THE SAME TERMS
28 AND CONDITIONS AS ARE CONTAINED IN THE NOTICE OF GRANT AWARD OR
29 GRANT AGREEMENT EXECUTED IN CONNECTION WITH THE AWARD, IF THE
30 FUNDS ARE EXPENDED WITHIN FIVE YEARS FOLLOWING THE EFFECTIVE
20070H1590B2342 - 292 -
1 DATE OF THIS SECTION.
2 (B) THE DEPARTMENT OF TRANSPORTATION MAY CONTINUE TO USE ALL
3 FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT FOR PUBLIC
4 TRANSPORTATION PURPOSES PRIOR TO THE EFFECTIVE DATE OF THIS
5 SECTION IN ACCORDANCE WITH THE LAWS UNDER WHICH THE FUNDS WERE
6 MADE AVAILABLE.
7 SECTION 13.1 9. THE REPEAL OF 74 PA.C.S. CH. 13 IS SUBJECT <--
8 TO THE FOLLOWING:
9 (1) NOTWITHSTANDING THE REPEAL:
10 (I) THE FUND SHALL CONTINUE TO RECEIVE TAX REVENUE <--
11 THE FUND WAS ENTITLED TO RECEIVE ON JUNE 30, 2007.
12 (II) TRANSIT ENTITIES THAT HAVE OUTSTANDING
13 OBLIGATIONS SHALL CONTINUE TO RECEIVE MONEY FROM THE FUND
14 CALCULATED AND PAID IN THE SAME MANNER AS WAS PROVIDED ON
15 JUNE 30, 2007.
16 (III) TRANSIT ENTITIES THAT DO NOT HAVE OUTSTANDING
17 OBLIGATIONS SHALL NOT BE ENTITLED TO RECEIVE ADDITIONAL
18 MONEY FROM THE FUND AFTER JUNE 30, 2007.
19 (IV) NO TRANSIT ENTITY SHALL BE ENTITLED TO PLEDGE
20 THE MONEY FROM THE FUND TO SECURE ADDITIONAL OBLIGATIONS
21 ISSUED AFTER JUNE 30, 2007.
22 (V) MONEY REMAINING IN THE FUND AFTER PAYMENTS UNDER
23 SUBPARAGRAPH (II) SHALL BE TRANSFERRED MONTHLY TO THE
24 PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED UNDER 74
25 PA.C.S. § 1506.
26 (VI) PAYMENTS TO TRANSIT ENTITIES UNDER 75 74 <--
27 PA.C.S. CH. 15 SHALL BE CALCULATED AND PAID BY THE <--
28 DEPARTMENT SO AS TO DEDUCT FROM THE PAYMENTS REDUCED BY <--
29 AMOUNTS RECEIVED BY THE TRANSIT ENTITY FROM THE FUND
30 UNDER SUBPARAGRAPH (II).
20070H1590B2342 - 293 -
1 (2) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND
2 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
3 SUBSECTION:
4 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
5 COMMONWEALTH.
6 "FUND." THE PUBLIC TRANSPORTATION ASSISTANCE FUND.
7 "OUTSTANDING OBLIGATIONS." "OBLIGATIONS." ANY BONDS, <--
8 NOTES, BOND ANTICIPATION NOTES, REFUNDING NOTES AND BONDS,
9 INTERIM CERTIFICATES, DEBENTURES AND OTHER EVIDENCES OF
10 INDEBTEDNESS OR OBLIGATIONS OF A TRANSIT ENTITY WITH RESPECT
11 TO WHICH REVENUES FROM THE FUND HAVE BEEN PLEDGED PRIOR TO
12 JUNE 30, 2007.
13 "TRANSIT ENTITY." ANY CLASS OF TRANSIT ENTITY, AS
14 DEFINED IN FORMER SECTION 1301 OF TITLE 74.
15 (3) THE COMMONWEALTH PLEDGES TO AND AGREES WITH ANY <--
16 PERSON, FIRM OR CORPORATION HOLDING ANY BONDS PREVIOUSLY
17 ISSUED BY, OR ANY OTHER DEBT INCURRED BY, A LOCAL
18 TRANSPORTATION ORGANIZATION AND SECURED IN WHOLE OR PART BY A
19 PLEDGE OF THE FUNDS PROVIDED TO THE LOCAL TRANSPORTATION
20 ORGANIZATION FROM THE PUBLIC TRANSPORTATION ASSISTANCE FUND
21 THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS VESTED
22 IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER
23 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION
24 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION
25 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT
26 INCURRED, TOGETHER WITH THE INTEREST ON THE BONDS OR DEBT, IS
27 FULLY PAID OR PROVIDED FOR.
28 SECTION 14 10. THE FOLLOWING SHALL APPLY: <--
29 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
30 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 74
20070H1590B2342 - 294 -
1 PA.C.S. CH. 81.
2 (2) THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61),
3 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD
4 CONVERSION ACT IS REPEALED.
5 (3) SECTION 207.1(C)(2) OF THE ACT OF APRIL 9, 1929 <--
6 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
7 IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH THE ADDITION
8 OF 74 PA.C.S. § 8105.
9 (3.1) IN ORDER TO EFFECTUATE THE FUNDING ASPECTS OF THIS <--
10 ACT, THE FOLLOWING STATE APPROPRIATIONS IN SECTION 222 OF THE
11 ACT OF , 2007 (P.L. , NO. ), KNOWN AS THE GENERAL
12 APPROPRIATION ACT OF 2007 ARE REPEALED:
13 (I) THE SUM OF $800,000 OF THE APPROPRIATION FOR
14 GENERAL GOVERNMENT OPERATIONS OF THE DEPARTMENT OF
15 TRANSPORTATION.
16 (II) THE ENTIRE APPROPRIATION FOR THE RAIL SAFETY
17 INSPECTION PROGRAM.
18 (III) THE ENTIRE APPROPRIATION FOR MASS
19 TRANSPORTATION ASSISTANCE FOR GRANTS TO LOCAL
20 TRANSPORTATION ORGANIZATIONS.
21 (IV) THE ENTIRE APPROPRIATION FOR SUPPLEMENTAL
22 GRANTS TO CLASS 3 AND CLASS 4 TRANSIT ENTITIES AND TO
23 SUPPORT ACCESS TO JOBS TRANSPORTATION DEMONSTRATION
24 ACTIVITIES.
25 (V) THE ENTIRE APPROPRIATION TO AUGMENT STATE
26 LOTTERY FUNDS FOR PAYMENTS TO TRANSPORTATION PROVIDERS
27 FOR FIXED-ROUTE TRANSPORTATION SERVICES AND RELATED
28 IMPROVEMENTS AND FOR OTHER TRANSPORTATION ACTIVITIES.
29 (VI) THE ENTIRE APPROPRIATION FOR SHARED-RIDE
30 TRANSIT FOR PERSONS WITH DISABILITIES.
20070H1590B2342 - 295 -
1 (VII) THE ENTIRE APPROPRIATION FOR INTERCITY
2 TRANSPORTATION FOR INTERCITY BUS, RAIL PASSENGER AND
3 OTHER OPERATING SUBSIDIES AND RELATED IMPROVEMENTS.
4 (4) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED
5 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
6 SECTION 15 11. THE ADDITION OF 74 PA.C.S. CH. 81 IS A <--
7 CONTINUATION OF THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61),
8 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD
9 CONVERSION ACT. THE FOLLOWING SHALL APPLY:
10 (1) EXCEPT AS OTHERWISE PROVIDED UNDER 74 PA.C.S. CH.
11 81, ALL ACTIVITIES INITIATED UNDER THE TURNPIKE ORGANIZATION,
12 EXTENSION AND TOLL ROAD CONVERSION ACT SHALL CONTINUE AND
13 REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER 74
14 PA.C.S. CH. 81. ORDERS, REGULATIONS, RULES AND DECISIONS
15 WHICH WERE MADE UNDER THE TURNPIKE ORGANIZATION, EXTENSION
16 AND TOLL ROAD CONVERSION ACT AND WHICH ARE IN EFFECT ON THE
17 EFFECTIVE DATE OF SECTION 14(2) 10(2) OF THIS ACT SHALL <--
18 REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR
19 MODIFIED UNDER 74 PA.C.S. CH. 81. CONTRACTS, OBLIGATIONS AND
20 COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE
21 TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT
22 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE TURNPIKE
23 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT.
24 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
25 IN LANGUAGE BETWEEN 74 PA.C.S. CH. 81 AND THE TURNPIKE
26 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT IS
27 INTENDED ONLY TO CONFORM TO THE STYLE OF THE PENNSYLVANIA
28 CONSOLIDATED STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT
29 THE LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR
30 ADMINISTRATION AND IMPLEMENTATION OF THE TURNPIKE
20070H1590B2342 - 296 -
1 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT.
2 (3) PARAGRAPH (2) SHALL NOT APPLY TO ANY OF THE
3 FOLLOWING:
4 (I) IN SECTION 8102:
5 (A) PARAGRAPHS (1) AND (6), (6) AND (7) OF THE <--
6 DEFINITION OF "COST OF THE TURNPIKES."
7 (B) PARAGRAPH (2) OF THE DEFINITION OF
8 "TURNPIKES."
9 (C) THE DEFINITIONS OF "AUDITOR GENERAL'S
10 CERTIFICATE," "COSTS "COST OF THE DEPARTMENT," <--
11 "GENERAL RESERVE FUND SURPLUS," "PUBLIC PASSENGER
12 TRANSPORTATION," "RURAL STATE HIGHWAY SYSTEM,"
13 "SECRETARY," "STATE HIGHWAY," AND "SYSTEM OF PUBLIC
14 PASSENGER TRANSPORTATION."
15 (II) IN SECTION 8103: <--
16 (A) SUBSECTION (A) INTRODUCTORY PARAGRAPH.
17 (B) SUBSECTION (B) INTRODUCTORY PARAGRAPH.
18 (C) SUBSECTION (D) INTRODUCTORY PARAGRAPH.
19 (D) SUBSECTION (E) INTRODUCTORY PARAGRAPH.
20 (II) SECTION 8105(B)(2). <--
21 (III) SECTION 8107(A)(9) AND (10).
22 (IV) SECTION 8112(A)(1)(III), (2) AND (4), (B)(2) AND <--
23 (C)(1), (E) AND (F). <--
24 (V) SECTION 8113.
25 (VI) SECTION 8114(C) AND (D).
26 (VII) SECTION 8116.
27 (VIII) SECTION 8119(C). <--
28 SECTION 11.1. THIS ACT SHALL APPLY RETROACTIVELY TO JULY 1, <--
29 2007.
30 SECTION 16 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
F18L74VDL/20070H1590B2342 - 297 -