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                                                        PRINTER'S NO. 34

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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)
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     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.





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