PRINTER'S NO. 34
No. 30 Session of 1997
INTRODUCED BY GEIST AND BATTISTO, JANUARY 27, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 27, 1997
A SUPPLEMENT 1 To the act of December 8, 1982 (P.L.848, No.235), entitled "An 2 act providing for the adoption of capital projects related to 3 the repair, rehabilitation or replacement of highway bridges 4 to be financed from current revenue or by the incurring of 5 debt and capital projects related to highway and safety 6 improvement projects to be financed from current revenue of 7 the Motor License Fund," itemizing a local bridge project. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Highway- 12 Railroad and Highway Bridge Capital Budget Supplemental Act for 13 1995-1996. 14 Section 2. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Account." The Highway Bridge Improvement Restricted Account 19 within the Motor License Fund. 20 "Capital project." A capital project as defined in section
1 1602-B of the act of April 9, 1929 (P.L.343, No.176), known as 2 The Fiscal Code, and shall include a county or municipal bridge 3 rehabilitation, replacement or improvement project as set forth 4 in this act. 5 "Department." The Department of Transportation of the 6 Commonwealth. 7 "Secretary." The Secretary of Transportation of the 8 Commonwealth. 9 Section 3. Total authorization for bridge projects. 10 (a) Total projects.--The total authorization for the costs 11 of the projects itemized pursuant to this act and to be financed 12 from current revenue or by the incurring of debt shall be 13 $7,407,000. 14 (b) State projects.--The authorization for capital projects 15 in the category of highway projects to be constructed by the 16 Department of Transportation, its successors or assigns, and to 17 be financed by the incurring of debt or from the highway 18 account, itemized in this act under the category of State 19 bridges, shall be $3,598,000. 20 (c) Non-State projects.--The authorization for non-State 21 highway bridge projects to be constructed by municipalities and 22 to be financed in part with grants not exceeding 80% of the non- 23 Federal share of the costs made to the local government 24 municipalities by the department from revenues deposited in the 25 account itemized in this act under the category of local 26 bridges, shall be $3,809,000. 27 Section 4. Itemization of bridge projects. 28 The individual capital projects in the category of highway 29 projects to be constructed by the Department of Transportation, 30 its successors or assigns, and to be financed from current 19970H0030B0034 - 2 -
1 revenue or by the incurring of debt are hereby itemized, 2 together with their estimated financial costs, in the following 3 sections. 4 Section 5. Adams County (Reserved). 5 Section 6. Allegheny County. 6 (a) Local Bridges 7 (1) Plum Borough, Mary Street Bridge over 8 Plum Creek, Bridge Replacement 630,000 9 (Base Construction Allocation - 10 $400,000) 11 (Land Allocation - $50,000) 12 (Design and Contingencies - $180,000) 13 (b) State Bridges (Reserved) 14 Section 7. Armstrong County (Reserved). 15 Section 8. Beaver County (Reserved). 16 Section 9. Bedford County (Reserved). 17 Section 10. Berks County (Reserved). 18 Section 11. Blair County. 19 (a) Local Bridges 20 (1) Allegheny Township, Ellenberger Road, 21 Quarry Bridge over Mill Run Creek, 22 Bridge Replacement 319,000 23 (Base Construction Allocation - 24 $277,000) 25 (Design and Contingencies - $42,000) 26 (2) Antis Township, T-490, Becker Road 27 Bridge over Tributary of Little Juniata 28 River, Bridge Replacement 310,000 29 (Base Construction Allocation - 30 $250,000) 19970H0030B0034 - 3 -
1 (Land Allocation - $10,000) 2 (Design and Contingencies - $50,000) 3 (3) Taylor Township, T-332, Halter Creek 4 Bridge over Halter Creek, Bridge 5 Replacement 395,000 6 (Base Construction Allocation - 7 $300,000) 8 (Land Allocation - $10,000) 9 (Design and Contingencies - $85,000) 10 (b) State Bridges 11 (1) SR 4004, 58th Street Bridge over Mill 12 Run Creek, City of Altoona, Bridge 13 Replacement 598,000 14 (Base Construction Allocation - 15 $520,000) 16 (Design and Contingencies - $78,000) 17 (2) SR 0022, Canal Park Bridges over the 18 Juniata River, Hollidaysburg Borough, 19 Bridge Replacement 3,000,000 20 (Base Construction Allocation - 21 $2,000,000) 22 (Land Allocation - $650,000) 23 (Design and Contingencies - $350,000) 24 Section 12. Bradford County. 25 (a) Local Bridges 26 (1) Canton Township, T-889, County Bridge 27 No.45 over Towanda Creek, Bridge 28 Replacement 480,000 29 (Base Construction Allocation - 30 $400,000) 19970H0030B0034 - 4 -
1 (Land Allocation - $25,000) 2 (Design and Contingencies - $55,000) 3 (2) Tuscarora Township, T-874, County 4 Bridge No.36 over Fargo Creek, Bridge 5 Replacement 265,000 6 (Base Construction Allocation - 7 $215,000) 8 (Land Allocation - $15,000) 9 (Design and Contingencies - $35,000) 10 (3) Franklin Township, T-358, County 11 Bridge No.12 over Towanda Creek, Bridge 12 Replacement 1,020,000 13 (Base Construction Allocation - 14 $850,000) 15 (Land Allocation - $50,000) 16 (Design and Contingencies - $120,000) 17 (4) Litchfield Township, T-900 over Parks 18 Creek, Park Creek Structure Bridge, 19 Bridge Replacement 390,000 20 (Base Construction Allocation - 21 $220,000) 22 (Land Allocation - $20,000) 23 (Design and Contingencies - $150,000) 24 (b) State Bridges (Reserved) 25 Section 13. Bucks County (Reserved). 26 Section 14. Butler County (Reserved). 27 Section 15. Cambria County (Reserved). 28 Section 16. Cameron County (Reserved). 29 Section 17. Carbon County (Reserved). 30 Section 18. Centre County (Reserved). 19970H0030B0034 - 5 -
1 Section 19. Chester County (Reserved). 2 Section 20. Clarion County (Reserved). 3 Section 21. Clearfield County (Reserved). 4 Section 22. Clinton County (Reserved). 5 Section 23. Columbia County (Reserved). 6 Section 24. Crawford County (Reserved). 7 Section 25. Cumberland County (Reserved). 8 Section 26. Dauphin County (Reserved). 9 Section 27. Delaware County (Reserved). 10 Section 28. Elk County (Reserved). 11 Section 29. Erie County (Reserved). 12 Section 30. Fayette County (Reserved). 13 Section 31. Forest County (Reserved). 14 Section 32. Franklin County (Reserved). 15 Section 33. Fulton County (Reserved). 16 Section 34. Greene County (Reserved). 17 Section 35. Huntingdon County (Reserved). 18 Section 36. Indiana County (Reserved). 19 Section 37. Jefferson County (Reserved). 20 Section 38. Juniata County (Reserved). 21 Section 39. Lackawanna County (Reserved). 22 Section 40. Lancaster County (Reserved). 23 Section 41. Lawrence County (Reserved). 24 Section 42. Lebanon County (Reserved). 25 Section 43. Lehigh County (Reserved). 26 Section 44. Luzerne County (Reserved). 27 Section 45. Lycoming County (Reserved). 28 Section 46. McKean County (Reserved). 29 Section 47. Mercer County (Reserved). 30 Section 48. Mifflin County (Reserved). 19970H0030B0034 - 6 -
1 Section 49. Monroe County (Reserved). 2 Section 50. Montgomery County (Reserved). 3 Section 51. Montour County (Reserved). 4 Section 52. Northampton County (Reserved). 5 Section 53. Northumberland County (Reserved). 6 Section 54. Perry County (Reserved). 7 Section 55. Philadelphia County (Reserved). 8 Section 56. Pike County (Reserved). 9 Section 57. Potter County (Reserved). 10 Section 58. Schuylkill County (Reserved). 11 Section 59. Snyder County (Reserved). 12 Section 60. Somerset County (Reserved). 13 Section 61. Sullivan County (Reserved). 14 Section 62. Susquehanna County (Reserved). 15 Section 63. Tioga County (Reserved). 16 Section 64. Union County (Reserved). 17 Section 65. Venango County (Reserved). 18 Section 66. Warren County (Reserved). 19 Section 67. Washington County (Reserved). 20 Section 68. Wayne County (Reserved). 21 Section 69. Westmoreland County (Reserved). 22 Section 70. Wyoming County (Reserved). 23 Section 71. York County (Reserved). 24 Section 72. Limitation on expenditure of funds. 25 Any moneys derived from the incurring of debt shall be used 26 solely for effecting the rehabilitation, replacement or removal 27 of bridges located on State highways. All other bridge 28 rehabilitation, replacement or removal shall be financed and 29 State bridge rehabilitation, replacement or removal may also be 30 financed from current revenue. 19970H0030B0034 - 7 -
1 Section 73. Debt authorization. 2 The Governor, Auditor General and State Treasurer are hereby 3 authorized and directed to borrow from time to time, in addition 4 to any authorization heretofore or hereafter enacted, on the 5 credit of the Commonwealth, subject to the limitations provided 6 in the current capital budget, money not exceeding in the 7 aggregate the sum of $3,598,000 as may be found necessary to 8 carry out the acquisition and construction of the State highway 9 projects specifically itemized in this act. 10 Section 74. Issue of bonds. 11 The indebtedness authorized in this act shall be incurred 12 from time to time and shall be evidenced by one or more series 13 of general obligation bonds of the Commonwealth in such 14 aggregate principal amount for each series as the Governor, 15 Auditor General and State Treasurer shall determine, but the 16 latest stated maturity date shall not exceed 30 years from the 17 date of the bond first issued for each series. 18 Section 75. Estimated useful life of projects. 19 The General Assembly states the estimated useful life of the 20 projects itemized in this act as 30 years. 21 Section 76. Appropriation. 22 The net proceeds of the sale of the obligations authorized in 23 this act are hereby appropriated from the Capital Facilities 24 Fund to the department in the maximum amount of $3,598,000 to be 25 used by it exclusively to defray the financial costs of the 26 State projects specifically itemized in this capital budget. 27 After reserving or paying the expenses of the sale of the 28 obligation, the State Treasurer shall pay out to the department 29 the moneys as required and certified by it to be legally due and 30 payable. 19970H0030B0034 - 8 -
1 Section 77. Federal funds. 2 In addition to those funds appropriated in section 76, all 3 moneys received from the Federal Government for the public 4 improvement projects specifically itemized in this act are also 5 hereby appropriated for those projects. 6 Section 78. Allocation of funds. 7 (a) General rule.--Whenever the department determines that 8 the full estimated financial costs of the projects itemized in 9 this act are not necessary for the proper design, acquisition or 10 construction of such projects, the excess funds no longer 11 required may be allocated by the department to increase the 12 estimated costs of any one or more of the projects specifically 13 itemized in a capital budget. 14 (b) Reimbursement of municipal expenditures.--Moneys raised 15 or expended by municipalities after the effective date of this 16 act, in anticipation of receipt of funds authorized for projects 17 itemized by this act, may be reimbursable to those 18 municipalities. 19 Section 79. Policy on jobs and materials. 20 (a) Jobs.--It is the declared policy of the Commonwealth 21 that the construction projects authorized in this act be used, 22 to the greatest extent possible, to provide for the creation of 23 jobs and the rehiring of the unemployed in this Commonwealth. In 24 order to reach this goal, firms with Commonwealth-based 25 facilities shall be actively solicited to make bids on contracts 26 to furnish products and materials, including, but not limited 27 to, steel and steel products, to be used in these projects. 28 (b) Materials.--Every contract document entered into to 29 undertake a project contained in this act shall provide that any 30 steel or other products to be used or supplied in the 19970H0030B0034 - 9 -
1 performance of this contract shall be required to be 2 manufactured by plants in the United States unless the secretary 3 determines, on a contract by contract basis, that certain 4 required products are not produced in the United States in 5 sufficient quantities to meet the requirements of the contract. 6 Such a determination and the reasons therefor shall be published 7 in the Pennsylvania Bulletin. Decisions made under this 8 subsection shall not be inconsistent with the general provisions 9 of the act of March 3, 1978 (P.L.6, No.3), known as the Steel 10 Products Procurement Act. 11 (c) Minorities and women.--It is also the declared policy of 12 the Commonwealth to require and encourage substantial 13 participation by minorities and women in the construction 14 projects authorized by this act. 15 Section 80. Cost sharing for relocation of utility facilities. 16 (a) General rule.--Whenever the repair, rehabilitation or 17 replacement of a highway bridge itemized in this act is 18 sponsored by a local governmental entity and requires the 19 adjustment of utility facilities owned and operated by a 20 municipality or municipal authority that will be incorporated 21 into the project contract, the local government sponsor may, if 22 permitted by enabling legislation, share in the costs of the 23 alteration of the municipality or municipal authority facilities 24 located within the public right-of-way. The local government 25 sponsor's share shall not exceed 50% of the cost of the 26 alteration. The portion of the cost shared by the sponsor of the 27 alteration may be submitted for reimbursement under this act. 28 (b) Review by department.--The department has the right to 29 review all local government sponsor-approved cost-sharing 30 requests made by a municipality or municipal authority and may, 19970H0030B0034 - 10 -
1 in its discretion, request the local government sponsor to 2 justify and submit documents supporting the request for cost 3 sharing. The department may reject the cost-sharing request as 4 submitted by the local government sponsor. In the event the 5 cost-sharing request is rejected by the department, the local 6 government sponsor may still share in the cost if otherwise 7 permitted to do so by law. Costs not approved under this 8 subsection shall not be eligible for reimbursement under this 9 act. If the cost-sharing request is approved, the local 10 government sponsor shall submit proof to the department of its 11 reimbursement to the municipality or municipal authority. 12 Section 81. Payment of capital debt service. 13 The repayment of any debt incurred pursuant to this act shall 14 be made from the account and such repayment shall have first 15 claim on the revenues of the account. 16 Section 82. Authorization and debt cumulation. 17 The additional authorization and debt allowance provided for 18 in this act shall be added to the total authorizations and debt 19 incurred pursuant to the act of December 8, 1982 (P.L.848, 20 No.235), known as the Highway-Railroad and Highway Bridge 21 Capital Budget Act for 1982-1983, as amended and supplemented. 22 Section 83. Effective date. 23 This act shall take effect immediately. A10L863RZ/19970H0030B0034 - 11 -