SENATE AMENDED PRIOR PRINTER'S NOS. 1971, 2088 PRINTER'S NO. 2170
No. 1590 Session of 2007
INTRODUCED BY MARKOSEK, D. EVANS, McCALL AND DeWEESE, JUNE 18, 2007
SENATOR MADIGAN, TRANSPORTATION, IN SENATE, RE-REPORTED AS AMENDED, JUNE 29, 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; authorizing local taxation for public 7 transportation assistance; repealing provisions relating to 8 public transportation assistance; providing for 9 transportation issues and for sustainable mobility options; 10 further providing, in metropolitan transportation <-- 11 authorities, for board members and for operation; 12 consolidating the Turnpike Organization, Extension and Toll 13 Road Conversion Act and further providing for the <-- 14 Pennsylvania Turnpike Commission; PROVIDING FOR TURNPIKE <-- 15 COMMISSION STANDARDS OF CONDUCT; in provisions on the 16 Pennsylvania Turnpike, further providing for definitions, for 17 authorizations and for conversion to toll roads and providing 18 for conversion of Interstate 80, for application and for 19 lease of Interstate 80; in taxes for highway maintenance and 20 construction, providing for definitions; further providing 21 for imposition and for allocation of proceeds; providing for 22 special revenue bonds, for expenses, for application of 23 proceeds of obligations, for trust indenture, for exemption, 24 for pledged revenues, for special revenue refunding bonds, 25 for remedies, for Motor License Fund proceeds, for 26 construction and for funding; and making related repeals. 27 The General Assembly of the Commonwealth of Pennsylvania 28 hereby enacts as follows:
1 Section 1. Chapter 86 of Title 53 of the Pennsylvania <-- 2 Consolidated Statutes is amended to read: 3 CHAPTER 86 4 [(RESERVED)] 5 TAXATION FOR PUBLIC TRANSPORTATION 6 Sec. 7 8601. Declaration of policy. 8 8602. Local financial support. 9 § 8601. Declaration of policy. 10 The General Assembly finds and declares as follows: 11 (1) Programs under 74 Pa.C.S. Ch. 13A (relating to 12 sustainable mobility options) will require local funding. 13 (2) Local funding under paragraph (1) will require new 14 or additional taxes by political subdivisions. 15 § 8602. Local financial support. 16 (a) Imposition.--Notwithstanding any other provision of law, 17 a municipality may obtain financial support for transit systems 18 by imposing one or more of the taxes or surcharges under 19 subsection (b). Money obtained from the imposition shall be 20 deposited into a restricted account of the municipality. The 21 following apply: 22 (1) Money in the restricted account shall be used to 23 meet the requirements of 74 Pa.C.S. §§ 1513(d)(1) (relating 24 to operating program), 1514(c) (relating to asset improvement 25 program) and 1515(d) (relating to new initiatives program). 26 (2) Money in the restricted account beyond that 27 necessary under paragraph (1) shall be used for public 28 passenger transportation, as defined in 74 Pa.C.S. § 1503 29 (relating to definitions) or for costs related to the 30 maintenance, repair, restoration or replacement of local 20070H1590B2170 - 2 -
1 roads and bridges. 2 (b) Taxes.-- 3 (1) A county may, by ordinance, impose all of the 4 following taxes: 5 (i) A sales tax on each separate sale at retail of 6 tangible personal property or services within the county 7 of either 0.25% or 0.5% of the purchase price. The 8 Department of Revenue shall administer and collect the 9 tax under this subparagraph in accordance with Article II 10 of the act of March 4, 1971 (P.L.6, No.2), known as the 11 Tax Reform Code of 1971, and shall distribute the money 12 to the county. As used in this subparagraph, the terms 13 "purchase price," "sale at retail" and "tangible personal 14 property" shall have the meanings given to them under 15 section 201 of the Tax Reform Code of 1971. 16 (ii) A use tax on each use within the county of 17 tangible personal property purchased at retail and on 18 those services purchased at retail of either 0.25% or 19 0.5% of the purchase price. The ordinance shall provide 20 that the tax shall not be paid if the person has paid the 21 tax imposed under subparagraph (i) or has paid the tax 22 imposed under this subparagraph to the vendor with 23 respect to the use. The Department of Revenue shall 24 administer and collect the tax under this subparagraph in 25 accordance with Article II of the Tax Reform Code of 1971 26 and shall distribute the money to the county. As used in 27 this subparagraph, the terms "purchase price," "tangible 28 personal property" and "vendor" shall have the meanings 29 given to them under section 201 of the Tax Reform Code of 30 1971. 20070H1590B2170 - 3 -
1 (iii) An excise tax of either 0.25% or 0.5% of the 2 rent upon the occupancy of each hotel room in the county. 3 As used in this subparagraph, the terms "hotel," 4 "occupancy" and "rent" shall have the meanings given to 5 them under section 209(a) of the Tax Reform Code of 1971. 6 (2) A municipality other than a county may, by 7 ordinance, impose a tax on earned income, as defined under 8 section 13 of the act of December 31, 1965 (P.L.1257, 9 No.511), known as The Local Tax Enabling Act, of either 0.25% 10 or 0.5%. The tax under this paragraph shall be in addition to 11 the tax imposed under The Local Tax Enabling Act. 12 (3) A municipality may, by ordinance, impose a tax of up 13 to $2 per day on each rental vehicle. As used in this 14 paragraph, the term "rental vehicle" shall have the meaning 15 given it in section 1601-A of the Tax Reform Code of 1971. 16 (4) A county may impose, under the statutory authority 17 of the county to levy an excise tax on the price of a hotel 18 room rental, an additional excise tax of up to 1% on the 19 price of a hotel room rental. 20 Section 1.1. Title 74 is amended by adding a section to 21 read: 22 § 303. Minority and women-owned business participation. 23 (a) General rule.--In administering the provisions of this 24 title, the department and any local transportation organization 25 shall: 26 (1) Be responsible for ensuring that all competitive 27 contract opportunities issued by the department or local 28 transportation organization seek to maximize participation by 29 minority and women-owned businesses and other disadvantaged 30 businesses. 20070H1590B2170 - 4 -
1 (2) Give consideration, when possible and cost 2 effective, to contractors offering to utilize minority and 3 women-owned businesses and disadvantaged businesses in the 4 selection and award of contracts. 5 (3) Ensure that the department's and local 6 transportation organizations's commitment to the minority and 7 women-owned business program is clearly understood and 8 appropriately implemented and enforced by all department and 9 local transportation organization employees. 10 (4) Designate a responsible official to supervise the 11 department and local transportation organization minority and 12 women-owned business program and ensure compliance within the 13 department or local transportation organization. 14 (5) Furnish the Department of General Services, upon 15 request, all requested information or assistance. 16 (6) Recommend sanctions to the Secretary of General 17 Services, as may be appropriate, against businesses that fail 18 to comply with the policies of the Commonwealth minority and 19 women-owned business program. 20 (b) Definitions.--As used in this section, the following 21 words and phrases shall have the meanings given to them in this 22 subsection: 23 "Disadvantaged business." A business that is owned or 24 controlled by a majority of persons, not limited to members of 25 minority groups, who are subject to racial or ethnic prejudice 26 or cultural bias. 27 "Local transportation organization." Any of the following: 28 (1) A political subdivision or a public transportation 29 port or redevelopment authority organized under the laws of 30 this Commonwealth or pursuant to an interstate compact or 20070H1590B2170 - 5 -
1 otherwise empowered to render, contract for the rendering or 2 assist in the rendering of transportation service in a 3 limited area in this Commonwealth, even though it may also 4 render or assist in rendering transportation service in 5 adjacent states. 6 (2) A nonprofit association that directly or indirectly 7 provides public transportation service. 8 (3) A nonprofit association of public transportation 9 providers operating within this Commonwealth. 10 "Minority-owned business." A business owned and controlled 11 by a majority of persons who are African Americans, Hispanic 12 Americans, Native Americans, Asian Americans, Alaskans and 13 Pacific Islanders. 14 "Women-owned business." A business owned and controlled by a 15 majority of persons who are women. 16 Section 1.2. Chapter 13 of Title 74 is repealed: 17 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 18 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ: 19 CHAPTER 86 20 TAXATION FOR PUBLIC TRANSPORTATION 21 SEC. 22 8601. SCOPE. 23 8602. LOCAL FINANCIAL SUPPORT. 24 § 8601. SCOPE. 25 THIS CHAPTER RELATES TO LOCAL FUNDING FOR SUSTAINABLE 26 MOBILITY OPTIONS. 27 § 8602. LOCAL FINANCIAL SUPPORT. 28 (A) IMPOSITION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 29 A COUNTY OF THE SECOND CLASS MAY OBTAIN FINANCIAL SUPPORT FOR 30 TRANSIT SYSTEMS BY IMPOSING ONE OR MORE OF THE TAXES UNDER 20070H1590B2170 - 6 -
1 SUBSECTION (B). MONEY OBTAINED FROM THE IMPOSITION SHALL BE 2 DEPOSITED INTO A RESTRICTED ACCOUNT OF THE MUNICIPALITY. 3 (B) TAXES.-- 4 (1) A COUNTY OF THE SECOND CLASS MAY, BY ORDINANCE, 5 IMPOSE ALL OF THE FOLLOWING TAXES: 6 (I) A TAX ON THE SALE AT RETAIL OF LIQUOR AND MALT 7 AND BREWED BEVERAGES WITHIN THE COUNTY. THE ORDINANCE 8 SHALL BE MODELED ON THE ACT OF JUNE 10, 1971 (P.L.153, 9 NO.7), KNOWN AS THE FIRST CLASS SCHOOL DISTRICT LIQUOR 10 SALES TAX ACT OF 1971; AND THE RATE OF TAX AUTHORIZED 11 UNDER THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE 12 ESTABLISHED UNDER THAT ACT. 13 (II) AN EXCISE TAX ON EACH RENTING OF A RENTAL 14 VEHICLE IN THE COUNTY. THE RATE OF TAX AUTHORIZED UNDER 15 THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE ESTABLISHED 16 UNDER SECTION 2301(E) OF THE ACT OF MARCH 4, 1971 (P.L.6, 17 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. AS USED IN 18 THIS SUBPARAGRAPH, THE TERM "RENTAL VEHICLE" HAS THE 19 MEANING GIVEN TO IT IN SECTION 1601-A OF THE TAX REFORM 20 CODE OF 1971. 21 (2) (RESERVED). 22 SECTION 2. SUBJECT TO SECTION 13.1 OF THIS ACT, CHAPTER 13 23 OF TITLE 74 IS REPEALED: 24 [CHAPTER 13 25 PUBLIC TRANSPORTATION ASSISTANCE 26 27 § 1301. Definitions. 28 The following words and phrases when used in this chapter 29 shall have the meanings given to them in this section unless the 30 context clearly indicates otherwise: 20070H1590B2170 - 7 -
1 "Asset maintenance costs." All vehicle maintenance expenses, 2 nonvehicle maintenance expenses and materials and supplies used 3 in the operation of local transportation organizations and 4 transportation companies. 5 "Average fare." Total passenger revenue divided by the total 6 number of fare-paying passengers. With regard to the calculation 7 of average fare or base fare for the reimbursement of losses 8 resulting from free service to senior citizens authorized by 9 this part, the Department of Transportation shall not 10 differentiate between bus services provided within an operating 11 unit or division of any transit agency for any reason. Services 12 funded under either the State urban or rural operating 13 assistance programs will be considered separate operating units. 14 "Bus." A motor vehicle designed for carrying 15 or more 15 passengers, exclusive of the driver, and used for the 16 transportation of persons, and a motor vehicle, other than a 17 taxicab, designed and used for the transportation of persons for 18 compensation. 19 "Capital project." Any system of public passenger or public 20 passenger and rail transportation, including, but not limited 21 to, any railway, street railway, subway, elevated and monorail 22 passenger or passenger and rail rolling stock, including self- 23 propelled and gallery cars, locomotives, passenger buses and 24 wires, poles and equipment for the electrification of any of the 25 foregoing, rails, tracks, roadbeds, guideways, elevated 26 structures, buildings, stations, terminals, docks, shelters, 27 airports and parking areas for use in connection with public 28 passenger or public passenger and rail transportation systems, 29 interconnecting lines and tunnels to provide passenger or 30 passenger and rail service connections between transportation 20070H1590B2170 - 8 -
1 systems, transportation routes, corridors, and rights-of-way for 2 any thereof (but not for public highways), signal and 3 communication systems necessary or desirable for the 4 construction, operation or improvement of the public passenger 5 or passenger and rail transportation system involved, or any 6 improvement of or overhaul of any vehicle, equipment or 7 furnishings for any of the foregoing or any part, or fractional 8 and undivided co-ownership or leasehold interest in any one or 9 combination of any of the foregoing, that may be designated as a 10 capital project by the secretary. 11 "Class 1 transit entity." A local transportation 12 organization or transportation company operating 1,000 or more 13 transit vehicles in the peak period. 14 "Class 2 transit entity." A local transportation 15 organization or transportation company operating more than 300 16 but less than 1,000 transit vehicles in the peak period. 17 "Class 3 transit entity." A local transportation 18 organization or transportation company operating 300 or less 19 fixed-route transit vehicles in the peak period serving an 20 urbanized area. 21 "Class 4 transit entity." Any local transportation 22 organization or transportation company which serves a 23 nonurbanized area and, during the 1990-1991 fiscal year, 24 received or was approved to receive funding under the act of 25 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania 26 Rural and Intercity Common Carrier Surface Transportation 27 Assistance Act. 28 "Class 4 transit entity adjusted base grant." The State 29 subsidy for operating expenses a Class 4 transit entity received 30 during the 1990-1991 fiscal year, including any funds 20070H1590B2170 - 9 -
1 appropriated under the act of February 11, 1976 (P.L.14, No.10), 2 known as the Pennsylvania Rural and Intercity Common Carrier 3 Surface Transportation Assistance Act; adjusted for factors 4 which, in the judgment of the department, caused significant 5 increases or decreases in the amount of State subsidy to a Class 6 4 transit entity during the 1990-1991 fiscal year; and further 7 adjusted, with respect to any Class 4 transit entity which 8 received a State subsidy for less than the entire 1990-1991 9 fiscal year, to reflect the annual subsidy that Class 4 transit 10 entity would have received during that fiscal year if it had 11 received a State subsidy for that entire fiscal year. 12 "Community transportation programs." Programs eligible to be 13 funded pursuant to section 1312 (relating to community 14 transportation programs). 15 "Construction." The term includes acquisition as well as 16 construction. 17 "Counties." The term includes any county. 18 "County transportation system." Buses, vans or other transit 19 vehicles purchased, maintained and operated by any county and 20 used to provide free or reduced rate transportation within the 21 county to persons 65 years of age or older. 22 "Department." The Department of Transportation of the 23 Commonwealth. 24 "Equipment" and "furnishings." Any equipment and furnishings 25 whatsoever as may be deemed desirable and required for a capital 26 project and approved by the Department of Transportation for the 27 use and occupancy of that capital project. The terms include the 28 installation of such equipment and furnishings. 29 "Federal agency." The United States of America, the 30 President of the United States of America and any department of, 20070H1590B2170 - 10 -
1 or corporation, agency or instrumentality heretofore or 2 hereafter created, designated or established by, the United 3 States of America. 4 "Fixed-route public transportation services." Regularly 5 scheduled transportation that is available to the general public 6 and is provided according to published schedules along 7 designated published routes with specified stopping points for 8 the taking on and discharging of passengers, including public 9 bus and commuter rail systems. The term does not include 10 exclusive ride taxi service, charter or sightseeing services, 11 nonpublic transportation or school bus or limousine services. 12 "Fund." The Public Transportation Assistance Fund. 13 "Improvement." Any extension, enlargement, equipping, 14 furnishing, as well as any improvement. 15 "Local transportation organization." Any political 16 subdivision or any mass transportation, port, redevelopment or 17 airport authority now or hereafter organized under the Laws of 18 Pennsylvania or pursuant to an interstate compact or otherwise 19 empowered to render, contract for the rendering or assist in the 20 rendering of transportation service in a limited area in the 21 Commonwealth of Pennsylvania, even though it may also render or 22 assist in rendering transportation service in adjacent states, 23 or any nonprofit association of public transportation providers 24 within this Commonwealth. 25 "Materials and supplies." Those categories of expenses 26 contained in object class code 504 as specified in the National 27 Urban Mass Transportation Statistics, 1989 Section 15 Annual 28 Report, Report No. UMTA-IT-06-0352-90-1. 29 "Municipality." Includes any city, borough, incorporated 30 town or township. 20070H1590B2170 - 11 -
1 "Nonurbanized area." Any area in this Commonwealth which 2 does not fall within an area classified as "urbanized" by the 3 United States Bureau of the Census of the United States 4 Department of Commerce in the 1990 Census of Population or any 5 area in this Commonwealth not classified as "urbanized" in any 6 future decennial census of the United States. 7 "Nonvehicle maintenance expenses." The categories of costs 8 associated with the inspection, maintenance and repair of assets 9 other than vehicles, as specified in the National Urban Mass 10 Transportation Statistics, 1989 Section 15 Annual Report, Report 11 No. UMTA-IT-06-0352-90-1. 12 "Pennsylvania Mass Transit Statistical Report." The summary 13 of selected financial and operating data concerning local 14 transportation organizations and transportation companies for 15 services in urbanized areas published annually by the Department 16 of Transportation since the 1973-1974 fiscal year. The 17 department shall publish the Pennsylvania Mass Transit 18 Statistical Report on an annual basis, which report shall 19 contain statistics with respect to the prior fiscal year, 20 including those statistics needed for the department to make the 21 calculations required pursuant to sections 1303 (relating to 22 annual appropriation and computation of subsidy) and 1310 23 (relating to distribution of funding), and such other material 24 as the department shall determine. 25 "Pennsylvania Rural and Small Urban Public Transportation 26 Program Statistical Report." The summary of selected financial 27 and operating data concerning rural and small urban local 28 transportation organizations and transportation companies for 29 services in nonurbanized areas published by the Department of 30 Transportation. The department shall publish the Pennsylvania 20070H1590B2170 - 12 -
1 Rural and Small Urban Public Transportation Program Statistical 2 Report on an annual basis, which report shall contain statistics 3 with respect to the prior fiscal year, including those 4 statistics needed for the department to make the calculations 5 required pursuant to sections 1303 (relating to annual 6 appropriation and computation of subsidy) and 1310 (relating to 7 distribution of funding), and such other material as the 8 department shall determine. 9 "Person." The term includes natural persons, firms, 10 associations, corporations, business trusts, partnerships and 11 public bodies, including local transportation organizations. 12 "Planning, development, research, rural expansion and 13 department-initiated programs." Any program eligible to be 14 funded pursuant to section 1313 (relating to additional 15 programs). 16 "Project grant." The Commonwealth's share of the cost of 17 carrying out the particular project, which cost may include 18 costs incurred prior to the effective date of this part and 19 which cost shall include an appropriate allowance for the 20 administrative expenses involved in carrying out the project. 21 "Property." All property, real, personal or mixed, tangible 22 or intangible, or any interest therein, including fractional and 23 undivided co-ownership interests. 24 "Public highway." Every way or place, of whatever nature, 25 open to the use of the public as a matter of right for purposes 26 of vehicular travel. Solely for the purpose of administering 27 this part, the term shall not be deemed to include a bridge 28 located wholly within this Commonwealth which is open to the use 29 of the public for the purpose of vehicular traffic but which on 30 March 15, 1964, was owned and maintained by a mass 20070H1590B2170 - 13 -
1 transportation or port authority and which comprises a part of 2 the transportation system of the mass transportation or port 3 authority. 4 "Revenue hours." The total amount of time, calculated in 5 hours, during which vehicles of a Class 4 transit entity are in 6 service and available for public use as reported with respect to 7 the most recent fiscal year in the most recently issued 8 Pennsylvania Rural and Small Urban Public Transportation 9 Statistical Report. 10 "Revenue miles." The total number of in-service miles 11 traveled by vehicles of a Class 4 transit entity as reported 12 with respect to the most recent fiscal year in the most recently 13 issued Pennsylvania Rural and Small Urban Public Transportation 14 Statistical Report. 15 "Secretary." The Secretary of Transportation of the 16 Commonwealth. 17 "Shared-ride public transportation services." Demand- 18 responsive transportation that is available to the general 19 public, operates on a nonfixed route basis and charges a fare to 20 all riders. For transportation to be included in this definition 21 the first fare-paying passengers to enter the public 22 transportation vehicle must not refuse to share the vehicle with 23 other passengers during a given trip. Services excluded under 24 this definition are: exclusive ride taxi service; charter and 25 sightseeing services; nonpublic transportation; school bus or 26 limousine services. 27 "Transit vehicle." A self-propelled or electrically 28 propelled vehicle designed for carrying 15 or more passengers, 29 exclusive of the driver, other than a taxicab, designed and used 30 for the transportation of persons for compensation, including, 20070H1590B2170 - 14 -
1 but not limited to, subway cars, trolleys, trackless trolleys 2 and railroad passenger cars. 3 "Transportation company." Any person, firm or corporation 4 rendering public passenger or public passenger and rail 5 transportation service, with or without the rendering of other 6 service, in this Commonwealth pursuant to common carrier 7 authorization from the Pennsylvania Public Utility Commission or 8 the Interstate Commerce Commission. 9 "Urban common carrier mass transportation." Transportation 10 within an area that includes a municipality or other built-up 11 place which is appropriate, in the judgment of the Department of 12 Transportation, for a common carrier transportation system to 13 serve commuters or others in the locality, taking into 14 consideration the local patterns and trends of urban growth, by 15 bus or rail or other conveyance, either publicly or privately 16 owned, serving the general public. The term does not include 17 school buses or charter or sightseeing service. 18 "Urban Mass Transportation Act of 1964." Public Law 88-365, 19 49 U.S.C. § 1601 et seq. 20 "Urbanized area." A portion of this Commonwealth classified 21 as "urbanized" by the United States Bureau of the Census of the 22 United States Department of Commerce in the 1990 Census of 23 Population or any area in this Commonwealth classified as 24 "urbanized" in any future decennial census of the United States. 25 "Vehicle hours." The total amount of time, calculated in 26 hours, during which vehicles of a local transportation 27 organization or transportation company are in service and 28 available for public use, listed with respect to the most recent 29 fiscal year reported in the most recently issued Pennsylvania 30 Mass Transit Statistical Report. 20070H1590B2170 - 15 -
1 "Vehicle maintenance expenses." The categories of costs 2 associated with the inspection, maintenance and repair of 3 vehicles as specified in the National Urban Mass Transportation 4 Statistics, 1989 Section 15 Annual Report, Report No. UMTA-IT- 5 06-0352-90-1. 6 "Vehicle miles." The total distance, calculated in miles, 7 which is funded in whole or in part by this part, traveled by 8 vehicles of a local transportation organization or 9 transportation company listed with respect to the most recent 10 fiscal year reported in the most recently issued Pennsylvania 11 Mass Transit Statistical Report. 12 § 1302. Program authorizations. 13 The department is hereby authorized, within the limitations 14 hereinafter provided, and is required where the provisions of 15 section 1303 (relating to annual appropriation and computation 16 of subsidy) apply: 17 (1) To undertake and to provide financial support for 18 research, by contract or otherwise, concerning urban common 19 carrier mass transportation. 20 (2) To make grants to municipalities, counties, or their 21 instrumentalities, and to agencies and instrumentalities of 22 the Commonwealth to supplement Federal or local or Federal 23 and local funds for use: 24 (i) For the purpose of studies, analysis, planning 25 and development of programs for urban common carrier mass 26 transportation service and facilities, and for the 27 purpose of activities related to the planning, 28 engineering and designing of specific projects which are 29 a part of a comprehensive program, including, but not 30 limited to, activities such as studies related to 20070H1590B2170 - 16 -
1 management, operations, capital requirements and economic 2 feasibility, to the preparation of engineering and 3 architectural surveys, plans and specifications and to 4 other similar or related activities preliminary to and in 5 preparation for the construction, acquisition or improved 6 operation of urban common carrier mass transportation 7 systems, facilities and equipment. State funding under 8 this subparagraph shall not exceed five-sixths of the 9 non-Federal share of the project costs. 10 (ii) To provide for research, development and 11 demonstration projects in all phases of urban common 12 carrier mass transportation, including the development, 13 testing and demonstration of new facilities, equipment, 14 techniques and methods, to assist in the solution of 15 urban transportation problems, in the improvement of mass 16 transportation service and the contribution of such 17 service toward meeting total urban transportation needs 18 at minimum cost. State funding under this subparagraph 19 shall not exceed five-sixths of the non-Federal share of 20 the project costs. 21 (iii) To assist in providing grants to continue 22 necessary service to the public, to permit needed 23 improvements in service which are not self-supporting, to 24 permit service which may be socially desirable but 25 economically unjustified, and otherwise for any purpose 26 in furtherance of urban common carrier mass 27 transportation. The methodology for calculating the 28 amount of the grant under this subparagraph shall be 29 determined in accordance with section 1303. Each grant to 30 a Class 1 transit entity, to a Class 2 transit entity or 20070H1590B2170 - 17 -
1 to a Class 3 transit entity made pursuant to this 2 paragraph shall be matched by local or private funding in 3 an amount not less than one-third of the total State 4 grant made pursuant to section 1303(b). Any grants to 5 Class 3 transit entities may, however, be matched by an 6 amount not less than the amount of local or private 7 funding which is specified in the State contract for the 8 1990-1991 fiscal year if the department shall have 9 received a certification from such Class 3 transit entity 10 that such lower level of local or private funding is 11 adequate to prevent significant service reductions or 12 passenger fare increases. 13 (3) To make grants to any transportation company or 14 companies for use in providing necessary service to the 15 public, to permit needed improvements in services which are 16 not self-supporting, to permit services which may be socially 17 desirable but economically unjustified, and otherwise for any 18 purpose in furtherance of urban common carrier mass 19 transportation. In view of the particular sensitivity of 20 special instrumentalities and agencies of the Commonwealth 21 created to serve or coordinate the local transportation needs 22 of substantial metropolitan areas, no grant moneys may be 23 used exclusively or principally in the local service area of 24 any such agency or instrumentality in which a city or county 25 of the first or second class has membership, except in 26 accordance with a system of priorities agreed upon by the 27 department and such agency or instrumentality. In the case of 28 a grant where the moneys granted will be used for an activity 29 to be conducted exclusively or principally within the local 30 service areas of such agency or instrumentality, no grant 20070H1590B2170 - 18 -
1 moneys may be used except in accordance with agreements by 2 the department and such agency or instrumentality with 3 respect to such use. In the case of a grant not falling 4 within the scope of the preceding sentence but where moneys 5 granted will be used both within and without the local 6 service area of such agency or instrumentality, the grant 7 shall require that the routes, schedules and fares applicable 8 only within such service areas shall be those mutually agreed 9 upon by the department and such agency or instrumentality. No 10 agreement referred to in this paragraph shall impair, 11 suspend, reduce, enlarge or extend or affect in any manner 12 the powers of the Pennsylvania Public Utility Commission or 13 the Interstate Commerce Commission otherwise applicable by 14 law. Each grant to a Class 1 transit entity, to a Class 2 15 transit entity or to a Class 3 transit entity made pursuant 16 to this paragraph shall be matched by local or private 17 funding in an amount not less than one-third of the total 18 State grant made pursuant to section 1303(b). Any grants to 19 Class 3 transit entities may, however, be matched by an 20 amount not less than the amount of local or private funding 21 which is specified in the State contract for the 1990-1991 22 fiscal year if the department shall have received a 23 certification from such Class 3 transit entity that such 24 lower level of local or private funding is adequate to 25 prevent significant service reductions and/or passenger fare 26 increases. 27 (4) In connection with privately or locally assisted 28 capital projects or capital projects financed with private or 29 local and Federal funds, to make grants for approved capital 30 projects to a local transportation organization or a 20070H1590B2170 - 19 -
1 transportation company, including the acquisition, 2 construction, reconstruction and improvement of facilities 3 and equipment, buses and other rolling stock, and other real 4 or personal property, including land (but not public 5 highways), needed for an efficient and coordinated mass 6 transportation system for use, by operation, lease or 7 otherwise, in urban common carrier mass transportation 8 service and in coordinating such service with highway and 9 other transportation. No capital project grant shall be made 10 for the purpose of financing, directly or indirectly, the 11 acquisition of any interest in, or the purchase of any 12 facilities or other property of, a private urban common 13 carrier mass transportation company. Each capital project 14 shall be based on a program or plan approved by the 15 department. No capital project grant shall exceed five-sixths 16 of the non-Federal share, subject, however, to the following 17 specific exceptions: 18 (i) If two or more capital projects are combined for 19 financing purposes, the amount of department funds used 20 for any one of such projects may exceed five-sixths of 21 the non-Federal share, provided that the total amount of 22 department funds provided for all the projects so 23 combined does not exceed five-sixths of the total non- 24 Federal share of all of the projects so combined. 25 (ii) If a capital project is eligible to receive 26 Federal financial assistance under the Urban Mass 27 Transportation Act of 1964 and if the project application 28 for such Federal financial assistance has been rejected 29 or delayed because of a lack of Federal funds or if the 30 normal amount of Federal grant cannot be provided because 20070H1590B2170 - 20 -
1 of a lack of Federal funds and if the department has 2 determined that the capital project is essential and 3 should proceed without delay, department funds for such 4 capital project may be increased temporarily to finance 5 the entire net project cost, with the requirement that, 6 upon the availability of additional Federal funds and the 7 making to the capital project of a new or an additional 8 Federal grant, the amount of department funds in excess 9 of five-sixths of the non-Federal share be refunded to 10 the department or be applied as the department may direct 11 to help meet the department's share of the cost of 12 another project in which the department is a participant. 13 (iii) If a project is ineligible to receive Federal 14 financial assistance under the Urban Mass Transportation 15 Act of 1964 and if the department has determined that the 16 project is essential and should proceed without delay, 17 the amount of department funds for such project shall be 18 limited to an amount not to exceed one-half of the net 19 project cost. 20 (5) To make grants from the State Lottery Fund in 21 accordance with Chapter 7 of the act of August 14, 1991 22 (P.L.342, No.36), known as the Lottery Fund Preservation Act. 23 (6) To participate in a pooled bus acquisition program 24 with transportation companies or local transportation 25 organizations and the Federal Government for the purpose of 26 making buses available to transportation companies or local 27 transportation organizations for use in urban common carrier 28 mass transportation service, in accordance with the following 29 procedures: 30 (i) The department may apply to the Urban Mass 20070H1590B2170 - 21 -
1 Transportation Administration of the United States 2 Department of Transportation for the Federal share of any 3 pooled-bus acquisition project. 4 (ii) The department may, with the assistance of the 5 Department of General Services or a special group 6 comprised of representatives of the transportation 7 companies or local transportation organizations within 8 the Commonwealth, write specifications for and order 9 buses on behalf of any number of transportation companies 10 or local transportation organizations desiring bus 11 acquisition under this program. 12 (iii) Before any order for buses is placed by the 13 department with a manufacturer, the department shall 14 secure written assurance from the Federal Government of 15 the availability of Federal financial assistance for such 16 bus acquisitions. The department shall also secure 17 written obligations by the transportation companies or 18 local transportation organizations participating in such 19 bus acquisitions that they will accept delivery of such 20 buses at the appropriate time and will supply local 21 funding in accordance with subparagraph (iv). 22 (iv) Funding for this program shall be: four-fifths 23 Federal, one-sixth State and one-thirtieth from local 24 sources; however, the local share of program costs may be 25 advanced to the manufacturer by the Commonwealth at the 26 time of purchase. Repayments to the Commonwealth of such 27 advancements shall be considered as augmentations to the 28 fund from which the funds were advanced. No part of the 29 Federal share shall be advanced by the Commonwealth in 30 anticipation of reimbursement. 20070H1590B2170 - 22 -
1 (v) The Commonwealth may take title to and delivery 2 of vehicles acquired pursuant to this program for 3 eventual transfer to transportation companies or local 4 transportation organizations. 5 (vi) All bus acquisitions under this program shall 6 be made in accordance with a system of competitive 7 bidding. 8 (vii) At its discretion, the department may organize 9 and fund, with Commonwealth funds, postacquisition 10 studies reasonably related to any pooled-bus acquisition 11 made pursuant to this section, including, but not limited 12 to, a vehicle inspection study at an appropriate interval 13 or intervals following acquisition in order to monitor 14 the condition of any vehicle purchased pursuant to this 15 section. 16 § 1303. Annual appropriation and computation of subsidy. 17 (a) General rule.--Beginning with the 1991-1992 fiscal year, 18 the Commonwealth shall annually determine the level of 19 appropriation for public transportation assistance, using the 20 standards contained in this section, to sufficiently fund and to 21 make fully operative section 1302(2)(iii) and (3) (relating to 22 program authorizations). 23 (b) Distribution as grants.--The General Assembly shall 24 annually make an appropriation to the department for 25 distribution as grants to local transportation organizations and 26 transportation companies. The total amount of moneys 27 appropriated shall be distributed by the department as grants to 28 local transportation organizations and transportation companies 29 in accordance with the provisions of this section. 30 (c) Distribution formula.--The department shall distribute 20070H1590B2170 - 23 -
1 the total amount appropriated under subsection (b) in the 2 following manner: 3 (1) The department shall calculate the Class 4 transit 4 entity share for the fiscal year. 5 (2) The department shall then calculate the amount of 6 grant due to each Class 4 transit entity as follows: 7 (i) From the Class 4 transit entity share, each 8 Class 4 transit entity shall first receive an amount 9 equal to 100% of its Class 4 transit entity adjusted base 10 grant. 11 (ii) With respect to any portion of the Class 4 12 transit entity share remaining after each Class 4 transit 13 entity receives an amount equal to 100% of its Class 4 14 transit entity adjusted base grant: 15 (A) Fifty percent of such excess shall be 16 distributed to Class 4 transit entities based upon 17 the percentage of the total amount of all Class 4 18 transit entity adjusted base grants given to Class 4 19 transit entities which a particular Class 4 transit 20 entity received. 21 (B) Twenty-five percent of such excess shall be 22 distributed to Class 4 transit entities based upon 23 each transit entity's Class 4 revenue mile 24 percentage. The actual amount received by each Class 25 4 transit entity under this clause shall be 26 determined by multiplying a particular Class 4 27 transit entity's Class 4 revenue mile percentage 28 times 25% of such excess of the Class 4 transit 29 entity share. 30 (C) Twenty-five percent of such excess shall be 20070H1590B2170 - 24 -
1 distributed to Class 4 transit entities based upon 2 each transit entity's Class 4 revenue hour 3 percentage. The actual amount received by each Class 4 4 transit entity under this clause shall be 5 determined by multiplying a particular Class 4 6 transit entity's Class 4 revenue hour percentage 7 times 25% of such excess of the Class 4 transit 8 entity share. 9 (3) All Class 4 transit entities may utilize all of the 10 funds received pursuant to this section for any purpose in 11 furtherance of public transportation. Each grant made to a 12 Class 4 transit entity pursuant to this section shall, 13 however, be matched by local or private funding in an amount 14 not less than one-third of the total State grant made 15 pursuant to subsection (c). Additionally, any grants to Class 16 4 transit entities may be matched by an amount not less than 17 the amount of local or private funding which is specified in 18 the State contract for the 1990-1991 fiscal year if the 19 department shall have received a certification from such 20 Class 4 transit entity that such lower level of local or 21 private funding is adequate to prevent significant service 22 reductions or passenger fare increases. 23 (4) The department shall calculate the Class 1 transit 24 entity share, the Class 2 transit entity share and the Class 25 3 transit entity share for the fiscal year. 26 (5) The department shall then calculate the amount of 27 grant due to each local transportation organization and 28 transportation company as follows: 29 (i) Each Class 1 transit entity shall receive a 30 prorata share of the Class 1 transit entity share. If 20070H1590B2170 - 25 -
1 there is only one Class 1 transit entity, it shall 2 receive the entire Class 1 transit entity share. 3 (ii) Each Class 2 transit entity shall receive a 4 prorata share of the Class 2 transit entity share. If 5 there is only one Class 2 transit entity, it shall 6 receive the entire Class 2 transit entity share. 7 (iii) Each Class 3 transit entity shall receive a 8 portion of the Class 3 transit entity share calculated as 9 follows: 10 (A) From the Class 3 transit entity share, each 11 Class 3 transit entity shall first receive an amount 12 equal to 100% of its Class 3 transit entity adjusted 13 base grant. 14 (B) With respect to any portion of the Class 3 15 transit entity share remaining after each Class 3 16 transit entity receives an amount equal to 100% of 17 its Class 3 transit entity adjusted base grant: 18 (I) Fifty percent of such excess shall be 19 distributed to Class 3 transit entities based 20 upon the percentage of all Class 3 transit entity 21 adjusted base grants given to Class 3 transit 22 entities which a particular Class 3 transit 23 entity received. 24 (II) Twenty-five percent of such excess 25 shall be distributed to Class 3 transit entities 26 based upon each transit entity's Class 3 vehicle 27 mile percentage. The actual amount received by 28 each Class 3 transit entity under this subclause 29 shall be determined by multiplying a particular 30 Class 3 transit entity's Class 3 vehicle mile 20070H1590B2170 - 26 -
1 percentage times 25% of such excess of the Class 2 3 transit entity share. 3 (III) Twenty-five percent of such excess 4 shall be distributed to Class 3 transit entities 5 based upon each Class 3 transit entity's Class 3 6 operating revenue percentage. The actual amount 7 received by each Class 3 transit entity under 8 this subclause shall be determined by multiplying 9 a particular Class 3 transit entity's Class 3 10 operating revenue percentage times 25% of such 11 excess of the Class 3 transit entity share. 12 (6) On or about each July 1, October 1, January 1 and 13 April 1 of each year commencing July 1, 1987, the department 14 shall disburse 25% of the total annual amount due to each 15 local transportation organization or transportation company 16 calculated in accordance with this section. 17 (d) New organizations.--Should a new local transportation 18 organization or transportation company be established and meet 19 the criteria of a Class 1 transit entity, Class 2 transit 20 entity, Class 3 transit entity or Class 4 transit entity as such 21 criteria are set forth in section 1301 (relating to 22 definitions), the department shall make an appropriate 23 determination as to the level of grant to which such local 24 transportation organization or transportation company shall be 25 entitled. This determination shall include, but shall not be 26 limited to, a determination as to an appropriate adjusted base 27 grant for that local transportation organization or 28 transportation company and a determination of appropriate 29 adjustments to class percentages or transit entity shares. 30 (e) Change to different entity class.--If, during any fiscal 20070H1590B2170 - 27 -
1 year, either the number of vehicles operated by a local 2 transportation organization or transportation company or the 3 area served by such a local transportation organization or 4 transportation company changes so that the local transportation 5 organization or transportation company meets the criteria for a 6 different transit entity class, as such criteria are set forth 7 in section 1301, on or before July 15 of the fiscal year which 8 follows such a change and in each fiscal year thereafter, the 9 department shall reflect any change in the transit entity class 10 of such a local transportation organization or transportation 11 company in its calculation of the transit entity shares for each 12 transit entity class for that and subsequent fiscal years. In 13 its calculation of the transit entity shares for each transit 14 entity class required by this section, for the fiscal year 15 following the change in a local transportation organization or 16 transportation company's transit entity class and thereafter, 17 the department shall include the amount of the transit entity 18 share allocated to such a local transportation organization or 19 transportation company for the fiscal year prior to the change 20 in the transit entity class, in the transit entity share for the 21 new transit entity class of such a local transportation 22 organization or transportation company, and shall delete an 23 equal amount from the transit entity share for the transit 24 entity class for which such a local transportation organization 25 or transportation company no longer meets the criteria in the 26 new fiscal year or thereafter. 27 (f) Rates, fares and charges.-- 28 (1) Each local transportation organization or 29 transportation company receiving moneys pursuant to this 30 section shall annually fix such rates, fares and charges in 20070H1590B2170 - 28 -
1 such manner that they shall be at all times sufficient in the 2 aggregate, and in conjunction with any moneys received from 3 Federal or other sources, and any other income available to 4 such organization or company, to provide funds for the 5 payment of all operating costs and expenses which shall be 6 incurred by such organization or company. 7 (2) In order to be eligible for the moneys described in 8 paragraph (1), each local transportation organization or 9 transportation company shall adopt an annual operating budget 10 for each fiscal year no later than the last day of the 11 preceding fiscal year. A copy of this operating budget shall 12 be submitted to the department within ten days after its 13 approval, along with a certification by the local 14 transportation organization or transportation company that 15 adequate revenues (including subsidies) are provided to 16 support operating costs and expenses. 17 (g) Standards and measures.-- 18 (1) Within one year after the effective date of this 19 part and every year thereafter, each local transportation 20 organization or transportation company receiving moneys 21 pursuant to this section shall adopt a series of service 22 standards and performance evaluation measures. Such standards 23 and measures shall be in addition to the performance audits 24 required by section 1315 (relating to public transportation 25 grants management accountability) and shall consist of 26 objectives and specific numeric performance levels to be 27 achieved in meeting these standards and objectives. Those 28 standards and measures adopted shall include the following, 29 in addition to others deemed appropriate by the local 30 transportation organization or transportation company: 20070H1590B2170 - 29 -
1 (i) An automatic mechanism to review the utilization 2 of routes. 3 (ii) Staffing ratios (ratio of administrative 4 employees to operating employees; number of vehicles per 5 mechanic). 6 (iii) Productivity measures (vehicle miles per 7 employee; passenger and employee accidents per 100,000 8 vehicle miles; on-time performance; miles between road 9 calls). 10 (iv) Fiscal indicators (operating cost per 11 passenger; subsidy per passenger and operating ratio). 12 (iv.1) Reasonable minimum prequalification standards 13 for prospective transit service subcontractors. 14 (v) Any other matter desired by the governing body 15 of such local transportation organization or 16 transportation company. 17 (2) The service standards and performance evaluation 18 measures shall be established by formal action of the 19 governing body of such local transportation organization or 20 transportation company following an opportunity for comment 21 by the public and the department. Upon submission, the 22 department will review and may make recommendations to the 23 local transportation organization or transportation company 24 concerning the service standards and performance evaluation 25 measures. 26 (3) In the discretion of such governing body, the 27 service standards and performance evaluation measures may be 28 systemwide or based on a sampling. 29 (4) The service standards and performance evaluation 30 measures shall only constitute goals for such local 20070H1590B2170 - 30 -
1 transportation organization or transportation company in 2 providing service in the year following their adoption. At 3 the end of such year, fiscal or calendar, as the case may be, 4 a report shall be transmitted to the department for its 5 consideration indicating the projected performance levels and 6 the performance levels actually achieved. Upon submission, 7 the department will review the report and may make 8 recommendations to such local transportation organization or 9 transportation company concerning the performance levels 10 actually achieved. Such report shall be released to the 11 public at the time of issuance. 12 (5) The department may suspend the eligibility for 13 future discretionary transit grant funds of any transit 14 entity which fails to comply with the provisions of this 15 section. The department shall restore the discretionary 16 funding eligibility of a suspended transit entity at such 17 time as the requirements of this section are met in an 18 amended application received by the department. 19 (h) Reduction of certain grants.--With respect to grants to 20 Class 1 transit entities and Class 2 transit entities in any 21 fiscal year, the department shall reduce the grant amount due to 22 such local transportation organization or transportation company 23 by an amount equal to 1% of such grant moneys otherwise due to 24 such local transportation organization or transportation company 25 for each percentage point such local transportation 26 organization's or transportation company's operating ratio is 27 less than 50% in the case of a Class 1 transit entity or less 28 than 46% in the case of a Class 2 transit entity. 29 (i) Audits.--The department is authorized to perform 30 independent financial audits of the financial statements of each 20070H1590B2170 - 31 -
1 local transportation organization or transportation company 2 receiving moneys pursuant to this section. Such audits shall be 3 conducted in accordance with generally accepted auditing 4 standards. Any financial statements subject to such audit or 5 reports resulting from such audit shall be prepared and 6 presented in accordance with generally accepted accounting 7 principles, consistently applied with previous statements 8 rendered for or on behalf of such organization or company. The 9 department may coordinate such audits in conjunction with audits 10 undertaken by the Auditor General. 11 (j) Definitions.--As used in this section, the following 12 words and phrases shall have the meanings given to them in this 13 subsection: 14 "Class 1 percentage." Seventy percent. 15 "Class 2 percentage." Twenty-five and three-tenths percent. 16 "Class 3 percentage." Four and seven-tenths percent. 17 "Class 1 to 3 allocation." The total amount appropriated 18 under subsection (b) less the Class 4 transit entity share. 19 "Class 1 transit entity share." The product of the Class 1 20 percentage times the Class 1 to 3 allocation in a particular 21 fiscal year. 22 "Class 2 transit entity share." The product of the Class 2 23 percentage times the Class 1 to 3 allocation in a particular 24 fiscal year. 25 "Class 3 transit entity adjusted base grant." The State 26 subsidy which a Class 3 transit entity received during the 1990- 27 1991 fiscal year, including Federal funds transferred from other 28 local transportation organizations and transportation companies 29 from the Federal fiscal year 1989-1990 pursuant to the 30 Governor's apportionment allocation contained in the Urban Mass 20070H1590B2170 - 32 -
1 Transportation Act of 1964. 2 "Class 3 transit entity share." The product of the Class 3 3 percentage times the Class 1 to 3 allocation in a particular 4 fiscal year. 5 "Class 3 vehicle mile percentage." The percentage determined 6 by dividing the vehicle miles of a Class 3 transit entity with 7 respect to the most recent fiscal year as reported in the most 8 recently issued Pennsylvania Mass Transit Statistical Report by 9 the total number of vehicle miles of all Class 3 transit 10 entities with respect to the most recent fiscal year as reported 11 in the most recently issued Pennsylvania Mass Transit 12 Statistical Report. 13 "Class 4 revenue hour percentage." The percentage determined 14 by dividing the revenue hours of a Class 4 transit entity as 15 reported with respect to the most recent fiscal year in the most 16 recently issued Pennsylvania Rural and Small Urban Public 17 Transportation Statistical Report by the total number of revenue 18 hours of all Class 4 transit entities as reported with respect 19 to the most recent fiscal year reported in the most recently 20 issued Pennsylvania Rural and Small Urban Public Transportation 21 Statistical Report. 22 "Class 4 revenue mile percentage." The percentage determined 23 by dividing the revenue miles of a Class 4 transit entity as 24 reported with respect to the most recent fiscal year in the most 25 recently issued Pennsylvania Rural and Small Urban Public 26 Transportation Statistical Report by the total revenue miles of 27 all Class 4 transit entities as reported with respect to the 28 most recent fiscal year reported in the most recently issued 29 Pennsylvania Rural and Small Urban Public Transportation 30 Statistical Report. 20070H1590B2170 - 33 -
1 "Class 4 transit entity share." Two million three hundred 2 thirty-five thousand dollars for the 1991-1992 fiscal year and, 3 during the 1992-1993 fiscal year and each fiscal year 4 thereafter, shall mean the Class 4 transit entity share for the 5 prior fiscal year plus (or minus) the product of the Class 4 6 transit entity share for the prior fiscal year times the 7 percentage increase or decrease in the total operating 8 assistance made available to local transportation organizations 9 and transportation companies for that fiscal year as compared 10 with the most recently completed fiscal year. 11 "Operating ratio." The proportion of total operating revenue 12 (which shall include all passenger, charter and advertising 13 revenue, fare reimbursement received from the State Lottery Fund 14 and all other receipts associated with the delivery of transit 15 services, but shall exclude Federal grants provided to cover 16 operating losses and State grants made pursuant to subsection 17 (b)) divided by total operating expenses associated with day-to- 18 day operation of the system (but excluding depreciation of 19 capital assets). 20 "Operating revenue." The total revenue earned by a local 21 transportation organization or transportation company through 22 its transit operations, including, but not limited to, passenger 23 revenue, senior citizen grant, charter revenue, school contract 24 revenue, advertising and other revenue listed with respect to 25 the most recent fiscal year reported in the most recently issued 26 Pennsylvania Mass Transit Statistical Report. 27 "Operating revenue percentage." The percentage determined by 28 dividing the operating revenues of a local transportation 29 organization or transportation company as reported in the most 30 recently issued Pennsylvania Mass Transit Statistical Report by 20070H1590B2170 - 34 -
1 the total operating revenue of all local transportation 2 organizations or transportation companies as reported in the 3 most recently issued Pennsylvania Mass Transit Statistical 4 Report. 5 § 1304. Grant proposals. 6 (a) General rule.--Grants may be made hereunder with 7 reference to any appropriate project irrespective of when it was 8 first commenced or considered and regardless of whether costs 9 with respect thereto shall have been incurred prior to the time 10 the grant is applied for or made. 11 (b) Applications.--The governing bodies of municipalities, 12 counties or their instrumentalities, and agencies and 13 instrumentalities of the Commonwealth may, by formal resolution, 14 apply and transportation companies by application may apply to 15 the department for State grant funds provided by this chapter. 16 If the action is taken by a governing body, a certified copy of 17 the resolution and, in the case of transportation companies, an 18 application shall be forwarded to the department with a proposal 19 of the governing body or company, which shall set forth the use 20 to be made of State grant funds and the amount of funds required 21 or, in the case of grants under section 1303 (relating to annual 22 appropriation and computation of subsidy), which shall set forth 23 a request that the grant provided for under section 1303 be 24 made. 25 (c) Preference for coordinated systems.--The department 26 shall give preference to any proposal which will assist in 27 carrying out a plan, meeting criteria established by the 28 department, for a unified or officially coordinated urban 29 transportation system as a part of the comprehensively planned 30 development of the urban area, which is necessary for the sound, 20070H1590B2170 - 35 -
1 economic and desirable development of such area and which shall 2 encourage to the maximum extent feasible the participation of 3 private enterprise. This subsection shall not apply to grants 4 made pursuant to section 1303. 5 (d) Use of grants.--The use of the State grant funds shall 6 be for the purposes set forth in section 1302 (relating to 7 program authorizations) and, without limiting the generality of 8 the foregoing, may be used for local contributions required by 9 the Urban Mass Transportation Act of 1964 or other Federal law 10 concerning common carrier mass transportation. 11 (e) Grant agreement.-- 12 (1) The department shall review the proposal and, if 13 satisfied that the proposal is in accordance with the 14 purposes of this chapter, shall enter into a grant agreement 15 subject to the condition that the grant be used in accordance 16 with the terms of the proposal. With respect to grants made 17 pursuant to section 1303, the department shall make such 18 grants subject to the condition that the grants be used for 19 the purposes set forth in section 1302 and, where applicable, 20 only after the certification required in section 1302(2)(iii) 21 and (3) shall have been made. 22 (2) The time of payment of the grant and any conditions 23 concerning such payment shall be set forth in the grant 24 agreement. 25 § 1305. Rules and regulations. 26 In order to effectuate and enforce the provisions of this 27 chapter, the department is authorized to promulgate necessary 28 rules and regulations and prescribe conditions and procedures in 29 order to assure compliance in carrying out the purposes for 30 which grants may be made hereunder. 20070H1590B2170 - 36 -
1 § 1306. Cooperation with other governments and private 2 interests. 3 (a) General rule.--The department is directed to administer 4 this program with such flexibility as to permit full cooperation 5 between Federal, State and local governments, agencies and 6 instrumentalities, as well as private interests, so as to result 7 in as effective and economical a program as possible. 8 (b) Agreements.--The department is hereby authorized to 9 enter into agreements providing for mutual cooperation between 10 or among it and any Federal agency, local transportation 11 organization or transportation company concerning any or all 12 projects, including joint applications for Federal grants. 13 § 1307. General authority of department. 14 It is the purpose and intent of this chapter to authorize the 15 department to do any and all other things necessary or desirable 16 to secure the financial aid or cooperation of any Federal agency 17 in any of the department's projects and to do and perform all 18 things which may be required by any statute of the United States 19 of America or by the lawful requirements of any Federal agency 20 authorized to administer any program of Federal aid to 21 transportation. The department is expressly permitted to enter 22 into protective agreements with labor to the extent required 23 under 49 U.S.C. § 5333 (relating to labor standards) in order to 24 obtain Federal grant moneys for transportation assistance. Such 25 protective agreements shall be narrowly drawn and strictly 26 construed to provide no more than the minimum protections 27 required by the United States Department of Labor for such 28 agreements. 29 § 1308. Grants by counties or municipalities. 30 Any county or municipality in any metropolitan area which is 20070H1590B2170 - 37 -
1 a member of a local transportation organization is authorized to 2 make annual grants from current revenues to local transportation 3 organizations to assist in defraying the costs of operations, 4 maintenance and debt service of local transportation 5 organization or of a particular mass transportation project of a 6 local transportation organization and to enter into long-term 7 agreements providing for the payment of the same. The obligation 8 of a municipality or county under any such agreement shall not 9 be considered to be a part of its indebtedness, nor shall such 10 obligation be deemed to impair the status of any indebtedness of 11 such municipality or county which would otherwise be considered 12 as self-sustaining. 13 § 1309. Limitation on decisions, findings and regulations of 14 department. 15 All decisions, findings and regulations made by the 16 department pursuant to this chapter shall be for the purposes of 17 this chapter only and shall not constitute evidence before any 18 regulatory body of this Commonwealth or any other jurisdiction. 19 § 1310. Distribution of funding. 20 (a) General rule.--All moneys made available and required to 21 be used for capital projects, asset maintenance and other 22 programs specified in this section shall be distributed in 23 accordance with the formula specified in this section and used 24 strictly in accordance with section 1311 (relating to use of 25 funds distributed). 26 (b) Distribution procedure.--During each fiscal year, 27 capital project, asset maintenance and other program funds shall 28 be distributed as follows: 29 (1) On or before the fifth day of each month, the 30 Treasury Department shall certify to the department the total 20070H1590B2170 - 38 -
1 amount then available for distribution, and the department 2 shall make distribution of payments required under this 3 subsection on or before the 20th day of each month. 4 (2) Beginning in the 1991-1992 fiscal year, each month, 5 the Treasury Department shall pay one-twelfth of the 6 Department of Transportation project management oversight 7 share for that fiscal year into the General Fund. The moneys 8 so transferred are hereby appropriated to the Department of 9 Transportation for use by that department for expenses 10 related to project management and oversight of capital and 11 asset maintenance projects funded pursuant to this section. 12 (3) Each month, the Treasury Department shall pay one- 13 twelfth of the community transportation program section 1310 14 share for that fiscal year into the General Fund. The funds 15 so transferred are hereby appropriated to the Department of 16 Transportation to make grants to counties, pursuant to 17 section 1312 (relating to community transportation programs), 18 for the purpose of funding capital projects of community 19 transportation programs. 20 (4) Each month, the Treasury Department shall pay the 21 planning, development, research, rural expansion and 22 department-initiated programs section 1310 share for that 23 month into the General Fund. The funds so transferred are 24 hereby appropriated to the Department of Transportation to 25 incur costs directly or to make grants to local 26 transportation organizations or transportation companies, or 27 entities which seek to become local transportation 28 organizations or transportation companies, pursuant to 29 section 1312, for the purpose of funding planning, 30 development, research, rural expansion and department- 20070H1590B2170 - 39 -
1 initiated programs. 2 (5) Each month, the department shall distribute one- 3 twelfth of the Class 4 transit entity section 1310 share to 4 Class 4 transit entities in the manner provided in this 5 paragraph. Each Class 4 transit entity shall receive a 6 portion of each monthly distribution of the Class 4 transit 7 entity section 1310 share as follows: 8 (i) Fifty percent of the monthly distribution of the 9 Class 4 transit entity section 1310 share shall be 10 distributed to Class 4 transit entities based upon each 11 transit entity's Class 4 operating assistance grant 12 section 1310 percentage. The actual amount received by 13 each Class 4 transit entity under this subparagraph shall 14 be determined by multiplying a particular Class 4 transit 15 entity's Class 4 operating assistance grant section 1310 16 percentage times the total amount available for 17 distribution under this subparagraph. 18 (ii) Twenty-five percent of the monthly distribution 19 of the Class 4 transit entity section 1310 share shall be 20 distributed to Class 4 transit entities based upon each 21 transit entity's Class 4 revenue mile section 1310 22 percentage. The actual amount received by each Class 4 23 transit entity under this subparagraph shall be 24 determined by multiplying a particular Class 4 transit 25 entity's Class 4 revenue mile section 1310 percentage 26 times the total amount available for distribution under 27 this subparagraph. 28 (iii) Twenty-five percent of the monthly 29 distribution of the Class 4 transit entity section 1310 30 share shall be distributed to Class 4 transit entities 20070H1590B2170 - 40 -
1 based upon each transit entity's Class 4 revenue hour 2 section 1310 percentage. The actual amount received by 3 each Class 4 transit entity under this subparagraph shall 4 be determined by multiplying a particular Class 4 transit 5 entity's Class 4 transit entity revenue hour section 1310 6 percentage times the total amount available for 7 distribution under this subparagraph. 8 (6) Each month, after providing for payment of the 9 portion of the Department of Transportation project 10 management oversight share, the community transportation 11 program section 1310 share, the planning, development, 12 research, rural expansion and department-initiated programs 13 section 1310 shares and the Class 4 transit entity section 14 1310 share to be distributed that month, the department shall 15 distribute all remaining capital project, asset maintenance 16 and other program funds as follows: 17 (i) Each Class 1 transit entity shall receive a 18 prorata share of the Class 1 transit entity section 1310 19 share. If there is only one Class 1 transit entity, it 20 shall receive the entire Class 1 transit entity section 21 1310 share. 22 (ii) Each Class 2 transit entity shall receive a 23 prorata share of the Class 2 transit entity section 1310 24 share. If there is only one Class 2 transit entity, it 25 shall receive the entire Class 2 transit entity section 26 1310 share. 27 (iii) Each Class 3 transit entity shall receive a 28 portion of the Class 3 transit entity section 1310 share 29 as follows: 30 (A) Sixteen and sixty-seven hundredths percent 20070H1590B2170 - 41 -
1 of the Class 3 transit entity section 1310 share 2 shall be distributed to Class 3 transit entities 3 based upon each transit entity's Class 3 vehicle mile 4 section 1310 percentage. The actual amount received 5 by each Class 3 transit entity under this clause 6 shall be determined by multiplying a particular Class 7 3 transit entity's Class 3 vehicle mile section 1310 8 percentage times the total amount available for 9 distribution under this clause. 10 (B) Sixteen and sixty-seven hundredths percent 11 of the Class 3 transit entity section 1310 share 12 shall be distributed to Class 3 transit entities 13 based upon each transit entity's Class 3 vehicle hour 14 section 1310 percentage. The actual amount received 15 by each Class 3 transit entity under this clause 16 shall be determined by multiplying a particular Class 17 3 transit entity's Class 3 vehicle hour section 1310 18 percentage times the total amount available for 19 distribution under this clause. 20 (C) Sixteen and sixty-six hundredths percent of 21 the Class 3 transit entity section 1310 share shall 22 be distributed to Class 3 transit entities based upon 23 each transit entity's Class 3 total passenger section 24 1310 percentage. The actual amount received by each 25 Class 3 transit entity under this clause shall be 26 determined by multiplying a particular Class 3 27 transit entity's Class 3 total passenger section 1310 28 percentage times the total amount available for 29 distribution under this clause. 30 (D) Twenty-five percent of the Class 3 transit 20070H1590B2170 - 42 -
1 entity section 1310 share shall be distributed to 2 Class 3 transit entities based upon each transit 3 entity's Class 3 Federal operating cap percentage. 4 The actual amount received by each Class 3 transit 5 entity under this clause shall be determined by 6 multiplying a particular Class 3 transit entity's 7 Class 3 Federal operating cap percentage times the 8 total amount available for distribution under this 9 clause. 10 (E) Twenty-five percent of the Class 3 transit 11 entity section 1310 share shall be distributed to 12 Class 3 transit entities based upon each transit 13 entity's Class 3 State operating grant percentage. 14 The actual amount received by each Class 3 transit 15 entity under this clause shall be determined by 16 multiplying a particular Class 3 transit entity's 17 Class 3 State operating grant percentage times the 18 total amount available for distribution under this 19 clause. 20 (c) Change of classification.--If, during any fiscal year, 21 either the number of vehicles operated by a local transportation 22 organization or transportation company or the area served by 23 such a local transportation organization or transportation 24 company changes so that the local transportation organization or 25 transportation company meets the criteria for a different 26 transit entity class, as such criteria are set forth in section 27 1301 (relating to definitions), on or before July 15 of the 28 fiscal year which follows such a change and in each fiscal year 29 thereafter, the department shall reflect any change in the 30 transit entity class of such a local transportation organization 20070H1590B2170 - 43 -
1 or transportation company in the Department of Transportation 2 certification for that and subsequent fiscal years. In its 3 calculation of the transit entity section 1310 shares for each 4 transit entity class required by subsection (g)(1) and the 5 transit entity section 1310.1 shares for each transit entity 6 class required by subsection (g)(1) for the fiscal year 7 following the change in a local transportation organization or 8 transportation company's transit entity class and thereafter, 9 the department shall include the amount of the transit entity 10 sections 1310 and 1310.1 shares allocated to such a local 11 transportation organization or transportation company for the 12 fiscal year prior to the change in the transit entity class, in 13 the transit entity sections 1310 and 1310.1 shares for the new 14 transit entity class of such a local transportation organization 15 or transportation company, and shall delete an equal amount from 16 the transit entity sections 1310 and 1310.1 shares for the 17 transit entity class for which such a local transportation 18 organization or transportation company no longer meets the 19 criteria in the new fiscal year. No local transportation 20 organization or transportation company which has changed from 21 one transit entity class to another due to either an increase in 22 the number of vehicles operated or the United States Census 23 Bureau's declaring its service area an urbanized area shall 24 receive less than the amount transferred on its account by the 25 department pursuant to this section. 26 (d) Oversight.--The department shall initiate and maintain a 27 program of review and oversight for any projects receiving funds 28 distributed pursuant to this section and section 1310.1 29 (relating to supplemental public transportation assistance 30 funding). The department is authorized to perform independent 20070H1590B2170 - 44 -
1 financial audits of the financial statements of each local 2 transportation organization, transportation company or community 3 transportation program receiving moneys pursuant to this 4 section. These audits shall be conducted in accordance with 5 generally accepted auditing standards. Any financial statements 6 subject to the audit or reports resulting from the audit shall 7 be prepared and presented in accordance with generally accepted 8 accounting principles, consistently applied with previous 9 statements rendered for or on behalf of such organization or 10 company. The department may coordinate such audits in 11 conjunction with audits undertaken by the Auditor General. 12 (e) Fiscal year and capital budget.-- 13 (1) The governing body of each local transportation 14 organization or transportation company shall establish a 15 fiscal year for capital programs. No later than the last day 16 of each fiscal year for capital programs, each local 17 transportation organization or transportation company 18 receiving moneys pursuant to this section shall adopt a 19 capital budget and an asset maintenance spending plan for 20 submission to the department. 21 (2) The capital budget shall include the following: 22 (i) A description of any such project. 23 (ii) The projected cost of any project to be 24 undertaken, including supporting cash flow. 25 (iii) The duration of any such project, including 26 the projected starting date, completion date and 27 projected useful life of the project. 28 (iv) The proposed funding sources for any project. 29 (v) A description of projects completed in the prior 30 fiscal year and their impact on operations. 20070H1590B2170 - 45 -
1 (vi) A description of progress to date on projects 2 initiated in the prior fiscal year but not yet completed. 3 (vii) An explanation of any significant project 4 delays. 5 (viii) The use of funds under this section in the 6 prior fiscal year, including projects for which they were 7 used. 8 (ix) A multiyear plan for future use of funds 9 received under this section for a period of not less than 10 five years. 11 (x) Any other matter desired by the governing body 12 of such local transportation organization or 13 transportation company. 14 (3) The asset maintenance spending plan shall include: 15 (i) The amount of moneys expended for asset 16 maintenance costs. 17 (ii) The purposes for which such funds were 18 expended. 19 (iii) Those asset maintenance costs which are 20 projected to be funded during the subsequent twelve 21 months by the local transportation organization or 22 transportation company. 23 (iv) A multiyear plan for future use of funds 24 received under this section for a period of not less than 25 five years. 26 (4) The capital budget and the asset maintenance 27 spending plan shall be established by formal action of the 28 governing body of such local transportation organization or 29 transportation company following an opportunity for comment 30 by the public and the department. Upon submission, the 20070H1590B2170 - 46 -
1 department will review and may make recommendations to the 2 local transportation organization or transportation company 3 concerning the capital budget and asset maintenance spending 4 plan. 5 (5) The capital budget and the asset maintenance 6 spending plan may be amended by formal action of the 7 governing body of such local transportation organization or 8 transportation company from time to time. Any amendments to 9 the capital budget and the asset maintenance spending plan 10 shall be transmitted to the department for its review, and 11 the department may make recommendations to the local 12 transportation organization or transportation company 13 concerning any amendments to the capital budget and the asset 14 maintenance spending plan. 15 (f) Definitions.--As used in this section, the following 16 words and phrases shall have the meanings given to them in this 17 subsection: 18 "Capital project, asset maintenance and other program funds." 19 Moneys made available to finance capital projects and asset 20 maintenance costs of local transportation organizations, 21 transportation companies or community transportation programs or 22 to fund other programs specified in this section from: 23 (1) any fund of the Commonwealth where the legislation 24 creating such fund references this part and states that some 25 or all of the moneys in such fund are to be used to finance 26 capital projects and asset maintenance costs of local 27 transportation organizations, transportation companies or 28 community transportation programs and to fund certain other 29 programs; or 30 (2) any other source, where such moneys are made 20070H1590B2170 - 47 -
1 available specifically to finance capital projects and asset 2 maintenance costs of local transportation organizations, 3 transportation companies or community transportation programs 4 in accordance with this section. 5 "Class 1 section 1310 percentage." Seventy and three-tenths 6 percent. 7 "Class 2 section 1310 percentage." Twenty-five and four- 8 tenths percent. 9 "Class 3 section 1310 percentage." Four and three-tenths 10 percent. 11 "Class 1 to 3 section 1310 allocation." The total amount of 12 capital project, asset maintenance and other program funds 13 available for distribution by the Treasury Department during a 14 particular month, less: 15 (1) the amount of the Department of Transportation 16 project management oversight share to be paid each month 17 under subsection (b)(2); 18 (2) the amount of the community transportation program 19 section 1310 share to be paid each month under subsection 20 (b)(3); 21 (3) the amount of the planning, development, research, 22 rural expansion and department-initiated programs section 23 1310 share; and 24 (4) the amount of the Class 4 transit entity section 25 1310 share to be paid each month under subsection (b)(5). 26 "Class 1 transit entity section 1310 share." The product of 27 the Class 1 section 1310 percentage times the Class 1 to 3 28 section 1310 allocation. 29 "Class 2 transit entity section 1310 share." The product of 30 the Class 2 section 1310 percentage times the monthly Class 1 to 20070H1590B2170 - 48 -
1 3 allocation. 2 "Class 3 transit entity section 1310 share." The product of 3 the Class 3 section 1310 percentage times the monthly Class 1 to 4 3 allocation. 5 "Class 4 transit entity section 1310 share." Four million 6 dollars during the 1991-1992 fiscal year and $4,160,000 during 7 the 1992-1993 fiscal year. During the 1993-1994 through 1996- 8 1997 fiscal years, the term shall mean the Class 4 transit 9 entity section 1310 share for the prior fiscal year plus (or 10 minus) the product of the Class 4 transit entity section 1310 11 share for the prior fiscal year times the percentage increase or 12 decrease in the total funds available for distribution pursuant 13 to this section received by the Treasury Department in the most 14 recently completed fiscal year as compared with the prior fiscal 15 year. For the 1997-1998 fiscal year and each fiscal year 16 thereafter, the term shall mean 2.8% of the total amount of 17 capital project, asset maintenance and other program funds 18 projected by the department to be available under this section 19 for distribution during the subject fiscal year. 20 "Class 3 Federal operating cap percentage." The percentage 21 determined by dividing the Federal operating ceiling for a Class 22 3 transit entity by the total Federal operating ceilings for all 23 Class 3 transit entities. 24 "Class 3 State operating grant percentage." The percentage 25 determined by dividing the State subsidy received pursuant to 26 section 1303 (relating to annual appropriation and computation 27 of subsidy) during fiscal year 1990-1991 by a Class 3 transit 28 entity as stated in the latest Department of Transportation 29 certification by the total State subsidies received pursuant to 30 section 1303 during fiscal year 1990-1991 by all Class 3 transit 20070H1590B2170 - 49 -
1 entities as stated in the latest Department of Transportation 2 certification. For purposes of calculating the amount received 3 by a Class 3 transit entity pursuant to section 1303, any 4 Federal funds transferred from other local transportation 5 organizations and transportation companies from the Federal 6 fiscal year 1990-1991 Governor's apportionment allocation, 7 contained in the Urban Mass Transportation Act of 1964, shall be 8 considered to be amounts received pursuant to section 1303. 9 "Class 3 total passenger section 1310 percentage." The 10 percentage determined by dividing the total passengers 11 transported by a Class 3 transit entity as stated in the latest 12 Department of Transportation certification by the total number 13 of passengers transported by all Class 3 transit entities as 14 stated in the latest Department of Transportation certification. 15 "Class 3 vehicle hour section 1310 percentage." The 16 percentage determined by dividing the vehicle hours of a Class 3 17 transit entity as stated in the latest Department of 18 Transportation certification by the total number of vehicle 19 hours of all Class 3 transit entities as stated in the latest 20 Department of Transportation certification. 21 "Class 3 vehicle mile section 1310 percentage." The 22 percentage determined by dividing the vehicle miles of a Class 3 23 transit entity as stated in the latest Department of 24 Transportation certification by the total number of vehicle 25 miles of all Class 3 transit entities as stated in the latest 26 Department of Transportation certification. 27 "Class 4 operating assistance grant section 1310 percentage." 28 The percentage determined by dividing the Class 4 transit entity 29 adjusted base grant received by a Class 4 transit entity by the 30 total Class 4 transit entity adjusted base grants received 20070H1590B2170 - 50 -
1 pursuant to such act by all Class 4 transit entities during 2 fiscal year 1990-1991 as stated in the Department of 3 Transportation certification. 4 "Class 4 revenue hour section 1310 percentage." The 5 percentage determined by dividing the revenue hours of a Class 4 6 transit entity as stated in the latest Department of 7 Transportation certification by the total number of revenue 8 hours of all Class 4 transit entities as stated in the latest 9 Department of Transportation certification. 10 "Class 4 revenue mile section 1310 percentage." The 11 percentage determined by dividing the revenue miles of a Class 4 12 transit entity as stated in the latest Department of 13 Transportation certification by the total number of revenue 14 miles of all Class 4 transit entities as stated in the latest 15 Department of Transportation certification. 16 "Community transportation program section 1310 share." One 17 million seven hundred thousand dollars during the 1991-1992 18 fiscal year, $1,768,000 during the 1992-1993 fiscal year and, 19 during the 1993-1994 fiscal year and each fiscal year 20 thereafter, shall mean the community transportation program 21 section 1310 share for the prior fiscal year plus (or minus) the 22 product of the community transportation program section 1310 23 share for the prior fiscal year times the percentage increase or 24 decrease in the total funds available for distribution pursuant 25 to this section received by the Treasury Department in the most 26 recently completed fiscal year as compared with the prior fiscal 27 year. However, in any fiscal year in which the total funds 28 authorized to be expended from the State Lottery Fund for 29 purposes enumerated in section 1312 (relating to community 30 transportation programs) is less than $600,000, the community 20070H1590B2170 - 51 -
1 transportation program section 1310 share shall be increased so 2 that the sum of the community transportation program section 3 1310 share plus the total amount of such moneys paid from the 4 State Lottery Fund for purposes enumerated in section 1312 shall 5 equal $2,300,000. The combined funding to any county for 6 community transportation under sections 1310 and 1312 shall not 7 exceed $250,000 in any fiscal year. 8 "Department of Transportation project management oversight 9 share." One million dollars during the 1991-1992 fiscal year 10 and, during the 1992-1993 fiscal year and each fiscal year 11 thereafter, shall mean $1,000,000 or 0.25% of the total amount 12 of capital project, asset maintenance and other program funds 13 available for distribution pursuant to this section received by 14 the Treasury Department during the prior fiscal year, whichever 15 is greater. 16 "Department of Transportation certification." The 17 certification by the Department of Transportation to the 18 Treasury Department under subsection (g). 19 "Department-initiated programs." Mass transportation 20 programs with a regional or Statewide application, including, 21 without limitation, capital projects in support of intercity 22 rail passenger service, capital projects in support of intercity 23 bus service, transit safety initiatives, public-private 24 transportation partnerships, ridersharing incentive programs, 25 transportation management associations and other multimodal 26 transportation management projects. 27 "Federal operating ceiling." The maximum amount of Federal 28 funds permitted to be used by a Class 3 transit entity to 29 subsidize transit operations, as published in the November 23, 30 1990, Federal Register (or, where there is more than one transit 20070H1590B2170 - 52 -
1 entity in a region, the maximum amount of Federal funds which 2 such Class 3 transit entity could have utilized to subsidize 3 transit operations pursuant to the subregional allocation as 4 specified in the applicable transportation improvement program) 5 for fiscal year 1990-1991. 6 "Planning, development, research, rural expansion and 7 department-initiated programs section 1310 shares." The sum of 8 $83,333.33 plus 0.25% of the total capital project, asset 9 maintenance and other program funds available for distribution 10 by the Treasury Department during a particular month. 11 "Total passengers." The total of all revenue passengers plus 12 transfer passengers on second and successive rides of a local 13 transportation organization or transportation company, which are 14 funded in whole or in part by this part, with respect to the 15 most recent fiscal year reported in the most recently issued 16 Pennsylvania Mass Transit Statistical Report. 17 "Treasury Department." The State Treasurer and the Treasury 18 Department of the Commonwealth. 19 (g) Certification to Treasury Department.--On or before July 20 15 of each fiscal year, the Department of Transportation shall 21 calculate and certify to the Treasury Department the following: 22 (1) The Department of Transportation project management 23 oversight share, the community transportation program 24 sections 1310 and 1310.1 shares, the Class 1 transit entity 25 sections 1310 and 1310.1 shares, the Class 2 transit entity 26 sections 1310 and 1310.1 shares, the Class 3 transit entity 27 sections 1310 and 1310.1 shares and the Class 4 transit 28 entity sections 1310 and 1310.1 shares and the planning, 29 development, research, rural expansion and department- 30 initiated programs sections 1310 and 1310.1 shares. 20070H1590B2170 - 53 -
1 (2) The names and addresses of each Class 1 transit 2 entity, Class 2 transit entity, Class 3 transit entity and 3 Class 4 transit entity and whether such program or entity is 4 a Class 1 transit entity, Class 2 transit entity, Class 3 5 transit entity or Class 4 transit entity. 6 (3) The vehicle miles of each Class 3 transit entity, 7 the total vehicle miles of all Class 3 transit entities, the 8 Class 3 vehicle mile sections 1310 and 1310.1 percentages for 9 each Class 3 transit entity, the vehicle hours of each Class 10 3 transit entity, total vehicle hours of all Class 3 transit 11 entities, the Class 3 vehicle hour sections 1310 and 1310.1 12 percentages for each Class 3 transit entity, total passengers 13 for each Class 3 transit entity, the total passengers for all 14 Class 3 transit entities, the Class 3 total passenger 15 sections 1310 and 1310.1 percentages for each Class 3 transit 16 entity, the Federal operating ceiling for each Class 3 17 transit entity, the Federal operating ceiling for all Class 3 18 transit entities, the Federal operating cap percentage for 19 each Class 3 transit entity, the State subsidy received 20 pursuant to section 1303 (relating to annual appropriation 21 and computation of subsidy) as described in the definition of 22 "Class 3 State operating grant percentage" for each Class 3 23 transit entity, the State subsidy received pursuant to 24 section 1303 as described in the definition of "Class 3 State 25 operating grant percentage" for all Class 3 transit entities, 26 and the Class 3 State grant percentage for each Class 3 27 transit entity. 28 (4) The operating assistance grant received by each 29 Class 4 transit entity during fiscal year 1990-1991 pursuant 30 to the act of February 11, 1976 (P.L.14, No.10), known as the 20070H1590B2170 - 54 -
1 Pennsylvania Rural and Intercity Common Carrier Surface 2 Transportation Assistance Act, the operating assistance grant 3 received by all Class 4 transit entities during fiscal year 4 1990-1991 pursuant to that act, the Class 4 operating 5 assistance grant sections 1310 and 1310.1 percentages for 6 each Class 4 transit entity, the revenue miles of each Class 7 4 transit entity, the revenue miles of all Class 4 transit 8 entities, the Class 4 revenue mile sections 1310 and 1310.1 9 percentages of each Class 4 transit entity, the revenue hours 10 for each Class 4 transit entity, the revenue hours for all 11 Class 4 transit entities and the Class 4 revenue hour 12 sections 1310 and 1310.1 percentages for each Class 4 transit 13 entity. 14 § 1310.1. Supplemental public transportation assistance 15 funding. 16 (a) General rule.--Beginning July 1, 1997, 1.22% of the 17 money collected from the tax imposed under Article II of the act 18 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 19 1971, up to a maximum of $75,000,000, shall be deposited in the 20 Supplemental Public Transportation Account, which is established 21 in the State Treasury. Within 30 days of the close of a calendar 22 month, 1.22% of the taxes received in the prior calendar month 23 shall be transferred to the account. No funds in excess of 24 $75,000,000 may be transferred to the account in any one fiscal 25 year. The money in the account shall be used by the department 26 for supplemental public transportation assistance, to be 27 distributed under this section. Transit entities may use 28 supplemental assistance moneys for any of the purposes 29 enumerated in section 1311 (relating to use of funds 30 distributed). In addition to those enumerated purposes, Class 1, 20070H1590B2170 - 55 -
1 2 and 3 transit entities also may use the base supplemental 2 assistance share for general operations. Class 4 transit 3 entities may use all supplemental assistance moneys for general 4 operations. 5 (b) Distribution.--During each fiscal year, capital project, 6 asset maintenance and other program funds designated as 7 supplemental public transportation assistance funding to be 8 distributed pursuant to this section shall be distributed as 9 follows: 10 (1) On or before the fifth day of each month, the 11 Treasury Department shall certify to the department the total 12 amount of money then available for distribution, and the 13 department shall disburse the money on or before the 20th day 14 of each month. 15 (2) Each month the department shall distribute to each 16 local transportation organization or transportation company 17 1/12 of the base supplemental assistance share of that local 18 transportation organization or transportation company. 19 (3) Each month the Treasury Department shall pay 1/12 of 20 the community transportation program section 1310.1 share for 21 that fiscal year to the Department of Transportation to make 22 grants to counties pursuant to section 1312 (relating to 23 community transportation programs) for the purpose of funding 24 capital projects of community transportation programs. 25 (4) Each month the department shall distribute 1/12 of 26 the Class 4 transit entity section 1310.1 share to Class 4 27 transit entities according to the same formula as provided 28 for distribution of funds under section 1310(b)(5) (relating 29 to distribution of funding), using the Class 4 transit entity 30 section 1310.1 share in place of the Class 4 transit entity 20070H1590B2170 - 56 -
1 section 1310 share. 2 (5) Each month, after providing for payment of the 3 portion of the base supplemental assistance share, the 4 community transportation program section 1310.1 share and the 5 Class 4 transit entity section 1310.1 share to be distributed 6 that month, the department shall distribute all remaining 7 capital project, asset maintenance and other program funds 8 required to be distributed pursuant to this section according 9 to the same formula as provided for distribution of funds in 10 section 1310(b)(6), using the transit entity's section 1310.1 11 share in place of the transit entity's section 1310 share. 12 (c) Definitions.--As used in this section, the following 13 words and phrases shall have the meanings given to them in this 14 subsection. Any term used in this section but not defined in 15 this subsection shall have the meaning given in section 1310(f): 16 "Base supplemental assistance share." The P.L. 103-122 17 percentage for each local transportation organization or 18 transportation company multiplied by $54,616,000. 19 "Capital project, asset maintenance and other program funds." 20 Moneys made available under this section to finance capital 21 projects and asset maintenance costs of local transportation 22 organizations, transportation companies or community 23 transportation programs or to fund other programs specified in 24 this section. 25 "Class 1 section 1310.1 percentage." 70.3%. 26 "Class 2 section 1310.1 percentage." 25.4%. 27 "Class 3 section 1310.1 percentage." 4.3%. 28 "Class 1 to 3 section 1310.1 allocation." The total amount 29 of capital project, asset maintenance and other program funds 30 available for distribution by the Treasury Department during a 20070H1590B2170 - 57 -
1 particular month less: 2 (1) the amount of the base supplemental assistance share 3 to be paid each month under subsection (b)(2); 4 (2) the amount of the community transportation program 5 section 1310.1 share to be paid each month under subsection 6 (b)(3); and 7 (3) the amount of the Class 4 transit entity section 8 1310.1 share to be paid each month under subsection (b)(4). 9 "Class 1 transit entity section 1310.1 share." The product 10 of the Class 1 section 1310.1 percentage times the Class 1 to 3 11 section 1310.1 allocation. 12 "Class 2 transit entity section 1310.1 share." The product 13 of the Class 2 section 1310.1 percentage times the monthly Class 14 1 to 3 allocation. 15 "Class 3 transit entity section 1310.1 share." The product 16 of the Class 3 section 1310.1 percentage times the monthly Class 17 1 to 3 allocation. 18 "Class 4 transit entity section 1310.1 share." For each 19 fiscal year, the total amount projected by the department to be 20 available for distribution in the fiscal year in accordance with 21 this section, less $54,616,000, times 2.8%. 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 of all Federal operating ceilings 25 for Class 3 transit entities. 26 "Class 3 total passenger section 1310.1 percentage." The 27 percentage determined by dividing the total passengers 28 transported by a Class 3 transit entity, as stated in the latest 29 Department of Transportation certification, by the total number 30 of passengers transported by all Class 3 transit entities, as 20070H1590B2170 - 58 -
1 stated in the latest Department of Transportation certification. 2 "Class 3 vehicle hour section 1310.1 percentage." The 3 percentage determined by dividing the vehicle hours of a Class 3 4 transit entity, as stated in the latest Department of 5 Transportation certification, by the total number of vehicle 6 hours of all Class 3 transit entities, as stated in the latest 7 Department of Transportation certification. 8 "Class 3 vehicle mile section 1310.1 percentage." The 9 percentage determined by dividing the vehicle miles of a Class 3 10 transit entity, as stated in the latest Department of 11 Transportation certification, by the total number of vehicle 12 miles of all Class 3 transit entities, as stated in the latest 13 Department of Transportation certification. 14 "Class 4 operating assistance grant section 1310.1 15 percentage." The percentage determined by dividing the Class 4 16 transit entity adjusted base grant received by a Class 4 transit 17 entity, as stated in the latest Department of Transportation 18 certification, by the total Class 4 transit entity adjusted base 19 grants received by all Class 4 transit entities during fiscal 20 year 1990-1991, as stated in the latest Department of 21 Transportation certification. 22 "Class 4 revenue hour section 1310.1 percentage." The 23 percentage determined by dividing the revenue hours of a Class 4 24 transit entity, as stated in the latest Department of 25 Transportation certification, by the total number of revenue 26 hours of all Class 4 transit entities, as stated in the latest 27 Department of Transportation certification. 28 "Class 4 revenue mile section 1310.1 percentage." The 29 percentage determined by dividing the revenue miles of a Class 4 30 transit entity, as stated in the latest Department of 20070H1590B2170 - 59 -
1 Transportation certification, by the total number of revenue 2 miles of all Class 4 transit entities, as stated in the latest 3 Department of Transportation certification. 4 "Community transportation program section 1310.1 share." The 5 greater of: 6 (1) $1,200,000; or 7 (2) the total amount projected by the Department of 8 Transportation to be available for distribution in the 9 subject fiscal year in accordance with this section, less 10 $54,616,000, times 2.5%. 11 "P.L. 103-122 percentage." The percentage determined by 12 dividing the operating assistance grant or operating assistance 13 limitation, whichever is greater, but not to exceed the total 14 apportionment of funds made available to a particular local 15 transportation organization or transportation company in this 16 Commonwealth for each Class 1 transit entity, Class 2 transit 17 entity and Class 3 transit entity and the base grants approved 18 for each Class 4 transit entity pursuant to Public Law 103-122, 19 107 Stat. 1199, for the Federal fiscal year ending September 30, 20 1994, by the total of such amounts for all Commonwealth local 21 transportation organizations and transportation companies 22 pursuant to Public Law 103-122 for the fiscal year as determined 23 by the Department of Transportation. 24 § 1311. Use of funds distributed. 25 (a) Approval of department.-- 26 (1) No money made available pursuant to section 1310 27 (relating to distribution of funding) shall be expended on 28 any capital project by any local transportation organization 29 or transportation company until after the local 30 transportation organization or transportation company submits 20070H1590B2170 - 60 -
1 the project to the department for approval and the department 2 approves the project. At the option of the local 3 transportation organization or transportation company, 4 capital projects may be submitted to the department on an 5 annual basis at the time the local transportation 6 organization or transportation company submits its capital 7 budget to the department or at another time chosen by the 8 local transportation organization or transportation company. 9 (2) The department shall establish criteria for approval 10 of capital projects pursuant to this subsection, including, 11 but not limited to, consideration of estimated useful life, 12 demonstration of need and reasonableness of cost. 13 (3) Amendments to capital projects may be submitted at 14 any time to the department for its review and approval in 15 accordance with the procedures specified by the department. 16 (4) The department shall prescribe, under the authority 17 of this chapter, reasonable procedures, including deadlines, 18 for the department to review, comment and approve the capital 19 project or projects submitted by a local transportation 20 organization or transportation company. 21 (b) Funding purposes enumerated.--Moneys distributed 22 pursuant to section 1310 shall be used by local transportation 23 organizations and transportation companies for purposes of 24 paying: 25 (1) all costs of capital projects, including, without 26 limitation, the costs of acquisition, construction, 27 installation, start-up costs of operations, improvement and 28 all work and materials incident thereto, provided that funds 29 expended for capital projects pursuant to section 1310 shall 30 be matched by local or private funding in an amount equal to 20070H1590B2170 - 61 -
1 at least one-thirtieth of the project cost; 2 (2) debt service and the cost of issuance of bonds, 3 notes and other evidences of indebtedness which a local 4 transportation organization or transportation company is 5 permitted to issue under any law of this Commonwealth; and 6 (3) to the extent permitted by this section, asset 7 maintenance costs. Community transportation programs shall 8 use moneys distributed pursuant to this section only for 9 purposes enumerated in section 1312 (relating to community 10 transportation programs). 11 (c) Certain capital projects.--Notwithstanding any other 12 provision of law, each local transportation organization or 13 transportation company receiving moneys pursuant to section 1310 14 may use such moneys, in the discretion of such local 15 transportation organization or transportation company, to fund 16 all or a portion of capital projects listed in the program 17 prepared pursuant to section 2002(a)(13) of the act of April 9, 18 1929 (P.L.177, No.175), known as The Administrative Code of 19 1929. 20 (d) Management of funds.-- 21 (1) Each local transportation organization or 22 transportation company receiving moneys pursuant to sections 23 1310 and 1310.1 (relating to supplemental public 24 transportation assistance funding) shall hold such moneys in 25 an account separate from other funds of the local 26 transportation organization or transportation company and 27 shall invest such moneys until such funds are used in 28 accordance with this section, with such funds being invested 29 in accordance with the limits on investment of the local 30 transportation organization or transportation company. 20070H1590B2170 - 62 -
1 Notwithstanding any other provisions of this chapter, any 2 interest earned shall be used for capital projects and asset 3 maintenance costs during any period as determined by the 4 local transportation organization or transportation company. 5 (2) All moneys distributed pursuant to section 1310 and 6 utilized for asset maintenance under subsection (e) shall be 7 matched by local or private funding in an amount equal to at 8 least 1/30 of the amount expended for such purposes, except 9 that, in the case of Class 3 and 4 transit entities, no 10 matching funds shall be required if the department shall have 11 received from the local governmental funding source which 12 would otherwise provide the matching funds a certification 13 that compliance with the matching requirement would create an 14 undue financial burden upon the local governmental funding 15 source such that a curtailment of government services 16 endangering public health and safety would ensue. 17 (3) All moneys distributed pursuant to section 1310.1 18 and utilized under this section shall be matched by local or 19 private funding in an amount equal to at least 1/30 of the 20 amount expended for such purposes, except that, in the case 21 of Class 3 and 4 transit entities, no funds utilized for 22 asset maintenance under subsection (e) shall require a local 23 match if the department shall have received from the local 24 governmental funding source which would otherwise provide the 25 matching funds a certification that compliance with the 26 matching requirement would create an undue financial burden 27 upon the local governmental funding source such that a 28 curtailment of government services endangering public health 29 and safety would ensue. 30 (e) Asset maintenance.-- 20070H1590B2170 - 63 -
1 (1) Each local transportation organization or 2 transportation company may expend moneys distributed pursuant 3 to sections 1310 and 1310.1 shares to fund asset maintenance 4 costs as provided in this subsection. 5 (2) Moneys distributed pursuant to sections 1310 and 6 1310.1 may only be used to fund asset maintenance costs 7 incurred during the fiscal year in which such moneys are 8 allocated. Thereafter, such funds may only be used to fund 9 capital projects. 10 (3) On or before March 1 of each year, the department 11 shall certify to each local transportation organization or 12 transportation company the amount of capital project, asset 13 maintenance, base supplemental assistance and other program 14 funds which the department estimates each local 15 transportation organization or transportation company will be 16 entitled to receive during the ensuing fiscal year. Each 17 local transportation organization or transportation company 18 may expend moneys distributed pursuant to sections 1310 and 19 1310.1 shares to fund asset maintenance costs up to the 20 following maximum percentages of the estimate from the 21 department, including accrued interest, the amount received 22 during the prior fiscal year or the amount actually received 23 in the current fiscal year, whichever is greater: 24 (i) Class 1 transit entities may utilize for asset 25 maintenance costs up to a maximum of 30% of the funds 26 received pursuant to sections 1310 and 1310.1 shares. 27 (ii) Class 2 and 3 transit entities may utilize for 28 asset maintenance costs up to a maximum of 50% of the 29 funds received pursuant to sections 1310 and 1310.1. 30 (iii) (Deleted by amendment). 20070H1590B2170 - 64 -
1 (iv) Class 4 transit entities may utilize for asset 2 maintenance costs up to a maximum of 50% of the funds 3 received pursuant to sections 1310 and 1310.1. 4 (f) Eligible projects.--Notwithstanding any other provision 5 of this chapter, moneys provided under section 1310 to community 6 transportation programs may be expended only in accordance with 7 section 1312 and only to fund all or a portion of eligible 8 projects of such entities as enumerated in section 1312. 9 (g) Matching funds.--The moneys provided to local 10 transportation organizations, transportation companies or 11 community transportation programs pursuant to section 1310 may 12 be used as matching funds to obtain Federal aid for capital 13 projects. 14 (h) Use by department.--Funds appropriated to the department 15 pursuant to section 1310(b)(2) and (4) may be utilized by the 16 department for the purposes provided in either of such 17 paragraphs. 18 (i) Accounting.--Within 120 days after the end of each 19 fiscal year for capital programs established by the local 20 transportation organization or transportation company pursuant 21 to section 1310(e), each local transportation organization and 22 transportation company receiving moneys pursuant to sections 23 1310 and 1310.1 shares shall transmit to the department an 24 accounting of all funds received pursuant to sections 1310 and 25 1310.1 shares in that fiscal year. The accounting shall be in a 26 form prescribed by the department and shall include a listing of 27 all expenditures on a project by project basis and the status of 28 all unspent funds. The local transportation organization or 29 transportation company shall grant access to the department or 30 its duly authorized representatives to any and all records 20070H1590B2170 - 65 -
1 pertaining to funds received pursuant to sections 1310 and 2 1310.1 shares. 3 (j) Limit on certain amounts expended.--Notwithstanding any 4 law to the contrary and except as provided in subsection (a) for 5 Class 4 transit entities, local transportation organizations and 6 transportation companies are authorized to expend moneys 7 distributed pursuant to sections 1310 and 1310.1 shares for 8 asset maintenance costs in an amount not to exceed the greater 9 of: 10 (1) the maximum amount of asset maintenance expenditures 11 which could have been approved by the department for 12 expenditure by that local transportation organization or 13 transportation company for the 1991-1992 fiscal year pursuant 14 to section 17(a) of the act of August 5, 1991 (P.L.238, 15 No.26), entitled "An act amending Titles 74 (Transportation) 16 and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, 17 codifying provisions relating to public transportation; 18 imposing certain fees and taxes; further providing for 19 certain Pennsylvania Turnpike projects; defining 'farm 20 equipment'; further providing for the responsibilities of 21 vehicle transferees, for exemptions from registration and 22 certificates of title and for the use of dealer plates, 23 multipurpose dealer plates and farm equipment plates; further 24 providing for funeral processions; further providing for a 25 restricted receipts fund and for registration for snowmobiles 26 and ATV's; establishing the Snowmobile Trail Advisory 27 Committee; further providing for the highway maintenance and 28 construction tax; and making repeals," based upon a 29 projection of $200,000,000 in total dedicated capital 30 assistance funds plus estimated amounts of supplemental 20070H1590B2170 - 66 -
1 public transportation assistance funding available for 2 distribution pursuant to section 1310.1 in that fiscal year, 3 which estimate shall not be less than $75,000,000 in any 4 fiscal year; or 5 (2) the amount permitted to be expended for such 6 purposes under subsection (e). 7 § 1312. Community transportation programs. 8 (a) Grants from lottery fund.--All counties except counties 9 of the first and second class shall be entitled to grants from 10 the State Lottery Fund for the purpose of adding, replacing, 11 upgrading and overhauling equipment and purchasing, constructing 12 or renovating facilities to serve as office and maintenance 13 sites for the provision of reduced fare demand-response service. 14 Equipment that may be purchased shall include, but shall not be 15 limited to, vehicles, vehicle rehabilitation, major drivetrain 16 components, communication equipment, computer equipment and 17 software and office equipment and furnishings. The amount 18 entitled to all counties and to be granted by the department 19 shall not exceed $2,300,000. The department may require the 20 counties to coordinate the acquisition of equipment through a 21 Statewide purchase program should the department find such a 22 program to be cost efficient. 23 (b) Procedure.-- 24 (1) The department is hereby authorized to make grants 25 to all counties, except those of the first and second class, 26 or to entities designated by such counties to coordinate 27 services under this section in such county, for the purpose 28 of adding, replacing, upgrading and overhauling equipment for 29 the provision of shared-ride transit services responsive to 30 and accessible by the general public as well as the elderly 20070H1590B2170 - 67 -
1 and disabled. If sufficient funds remain after all department 2 approvals for such equipment projects have been fully funded, 3 the department is hereby authorized to make grants for the 4 purchase, construction or renovation of facilities to serve 5 as office and maintenance sites for the provision of shared- 6 ride transit services responsive to and accessible by the 7 general public as well as the elderly and disabled. Equipment 8 that may be purchased shall include, but shall not be limited 9 to, vehicles, vehicle rehabilitation, major drivetrain 10 components, communication equipment, computer equipment and 11 software and office equipment and furnishings. 12 (2) Counties other than counties of the first and second 13 class may obtain grants pursuant to this subsection by filing 14 with the department an application in a form prescribed by 15 it. The department shall require with such application a 16 transportation plan plus such other information as the 17 department may require. 18 (3) The applicant shall certify that all efforts 19 possible have been made to coordinate local service for the 20 elderly and disabled and the services to be offered with 21 these capital assets do not duplicate existing fixed route 22 services, as provided under the act of February 11, 1976 23 (P.L.14, No.10), known as the Pennsylvania Rural and 24 Intercity Common Carrier Surface Transportation Assistance 25 Act, and under other provisions of this part. The applicant 26 shall solicit comments from the local public body fixed route 27 provider and include any such comments as part of the 28 application. 29 (4) All purchases pursuant to this subsection shall be 30 made in accordance with bidding procedures established under 20070H1590B2170 - 68 -
1 the act of May 2, 1945 (P.L.382, No.164), known as the 2 Municipality Authorities Act of 1945, or the act of August 9, 3 1955 (P.L.323, No.130), known as The County Code, whichever 4 is applicable. 5 (c) Availability of funds.--Funds not expended under this 6 section in the fiscal year in which they were made available 7 shall not lapse and shall be available for use pursuant to this 8 section in the next succeeding fiscal years. 9 § 1313. Additional programs. 10 (a) Projects and programs enumerated.--The department is 11 hereby authorized to incur costs directly or to make grants, 12 undertake and provide financial support: 13 (1) To new rural transportation systems for the purpose 14 of funding capital, asset maintenance and operating costs of 15 new rural transportation systems. New rural transportation 16 systems may obtain grants under this section by filing for 17 each fiscal year with the department an application in a form 18 prescribed by it. The department shall require with the 19 application a transportation plan plus such other information 20 as the department may require to establish to the 21 satisfaction of the department that the new rural 22 transportation system is deserving of a grant under this 23 section. 24 (2) For the purpose of funding studies, analysis, 25 planning and development of programs for public 26 transportation assistance, services and facilities. 27 (3) To incur costs directly or to make grants for 28 department-initiated programs. 29 (4) To make grants to Class 4 transit entities for the 30 significant expansion of services by such entities from funds 20070H1590B2170 - 69 -
1 remaining in the development, planning and rural expansion 2 share after all grants have been made for the fiscal year 3 pursuant to paragraphs (1) and (2). Grants from the 4 development, planning and rural expansion share shall be used 5 by the Class 4 transit entity for the construction, 6 acquisition, capital projects, asset maintenance and 7 operating costs of the expansion of such entity. Class 4 8 transit entities may obtain grants by filing for each fiscal 9 year with the department an application in a form prescribed 10 by it. The department shall require with the application a 11 transportation plan plus such other information as the 12 department may require to establish to the satisfaction of 13 the department that the Class 4 transit entity is deserving 14 of a grant under this section. 15 (b) Availability of funds.--Funds not expended under this 16 section in the fiscal year in which they were made available 17 shall not lapse and shall be available for use pursuant to this 18 section in the next succeeding fiscal years. 19 § 1315. Public transportation grants management accountability. 20 (a) Performance audits.--All classes of transit entities 21 shall complete periodic management performance audits which 22 shall encompass all public transportation programs and services 23 financed in whole or in part by grants provided by the 24 department as follows: 25 (1) The department shall establish criteria to be 26 included in a performance audit performed pursuant to this 27 section. The criteria shall be published in the Pennsylvania 28 Bulletin. Separate criteria may be established for each class 29 of transit entity. 30 (2) Management performance audits shall be completed 20070H1590B2170 - 70 -
1 within ten months of their initiation and shall be performed 2 as follows: 3 (i) Class 1 transit entities shall begin the initial 4 management performance audit required pursuant to this 5 section no later than July 1, 1999, or, with the written 6 approval of the department, within five years of the 7 completion of the most recent performance audit. 8 Thereafter, Class 1 transit entities shall complete a 9 management performance audit at least once every five 10 years. 11 (ii) Class 2 transit entities shall begin the 12 initial management performance audit required by this 13 section no later than July 1, 2000, or, with the written 14 approval of the department, within five years of the most 15 recent performance audit. The department may extend the 16 initiation date for a period of up to five years. 17 Thereafter, Class 1 transit entities shall complete a 18 management performance audit at least once every five 19 years. 20 (iii) Class 3 transit entities in urbanized areas 21 with a population of 200,000 or greater shall begin the 22 initial management performance audit required by this 23 section no later than July 1, 2001. Class 3 transit 24 entities in urbanized areas with a population of less 25 than 200,000 shall begin the first management performance 26 audit required by this section no later than July 1, 27 2002. Thereafter, Class 3 transit entities shall perform 28 a management performance audit at least once every seven 29 years. 30 (iv) Class 4 transit entities shall begin the first 20070H1590B2170 - 71 -
1 initial management performance audit required by this 2 section no later than July 1, 2002. Thereafter, Class 4 3 transit entities shall perform a management performance 4 audit at least once every ten years. The department shall 5 perform management performance audits for Class 4 6 entities through qualified independent contractors unless 7 written notice is provided to the department by the Class 8 4 transit entity that the transit entity wishes to 9 perform its own audit. The notice shall be provided no 10 later than one year prior to the initiation date of the 11 next scheduled audit. 12 (3) Class 1, 2 and 3 transit entities shall bear all 13 costs of performing management performance audits pursuant to 14 this section. The cost of such management performance audits 15 for Class 4 transit entities shall be paid by the department 16 from funds made available under section 1310(d) (relating to 17 distribution of funding). 18 (4) For Class 1, 2 and 3 transit entities, the 19 management performance audit shall be conducted by a 20 qualified independent auditor selected by competitive 21 procurement. Procurement documents shall specify the scope of 22 the audit, comply with department criteria and be submitted 23 to the department for written approval prior to procurement. 24 (b) Submission of audit report; transit entity response.-- 25 (1) Upon receipt of a final audit report from the 26 auditor or, in the case of Class 4 transit entities, from the 27 department, each transit entity shall prepare an action plan 28 addressing the findings and recommendations of the audit 29 report. The action plan shall be completed and approved by 30 the transit entity's governing body within two months of 20070H1590B2170 - 72 -
1 receipt of the final audit report. The transit entity shall 2 implement its action plan in accordance with the time frames 3 specified in the plan. 4 (2) Upon approval of the action plan by the entity's 5 governing body, the transit entity shall submit the plan and 6 the auditor's report to the department. Class 1 and 2 transit 7 entities shall also submit their action plans to the 8 Legislative Budget and Finance Committee, the chairman and 9 minority chairman of the Transportation Committee of the 10 Senate and the chairman and minority chairman of the 11 Transportation Committee of the House of Representatives. 12 (c) Customer satisfaction surveys.--Customer satisfaction 13 surveys shall be conducted as follows: 14 (1) All Class 1 and 2 entities shall conduct customer 15 satisfaction surveys at least once every two years. Class 3 16 and 4 transit entities shall conduct customer satisfaction 17 surveys at least once every three years. An initial customer 18 satisfaction survey for each transit entity shall be 19 completed and submitted to the department no later than 20 December 31, 1998. 21 (2) The department shall provide guidelines regarding 22 the scope of the surveys and suggested questions which may be 23 included in the surveys. 24 (3) Upon completion of the survey, the transit entity 25 shall submit a report to the department containing survey 26 methodology, survey results, relevant trends in the level of 27 customer satisfaction and actions taken or planned to improve 28 customer satisfaction. 29 (d) Suspension of grant funds.--The department may suspend 30 eligibility for grants under section 1303 (relating to annual 20070H1590B2170 - 73 -
1 appropriation and computation of subsidy) for any transit entity 2 which fails to comply with any of the provisions of this 3 section. 4 (e) Restoration or continuation of funding.--The department 5 shall continue eligibility of a transit entity for grants under 6 section 1303 if the entity has initiated its audit or survey in 7 a timely manner and the delay in completion of the audit or 8 survey is not the fault of the transit entity. The department 9 shall restore eligibility of a suspended transit entity at such 10 time as the audit or survey is completed in accordance with the 11 requirements of this section. 12 (f) Cost reduction and productivity improvement.--As part of 13 its annual application for funding under section 1303, Class 1, 14 2, 3 and 4 transit entities shall include a report outlining 15 initiatives it has undertaken to reduce costs and improve 16 productivity.] 17 Section 2. Title 74 is amended by adding chapters to read: <-- 18 CHAPTER 13A 19 TRANSPORTATION ISSUES 20 Sec. 21 13A01. Declaration of policy. 22 § 13A01. Declaration of policy. 23 The General Assembly finds and declares as follows: 24 (1) This Commonwealth and the nation are facing serious 25 transportation funding problems related to gasoline and 26 energy. 27 (2) Public transportation is a major component of 28 solving the problems referred to in paragraph (1). 29 (3) It is necessary to reconsider public transportation 30 options in this Commonwealth. 20070H1590B2170 - 74 -
1 CHAPTER 15 2 SUSTAINABLE MOBILITY OPTIONS 3 Sec. 4 1501. Scope of chapter. 5 1502. (Reserved). 6 1503. Definitions. 7 1504. Program authorization. 8 1505. Regulations. 9 1506. Fund. 10 1507. Application and approval process. 11 1508. Federal funding. 12 1509. Limitation on decisions, findings and regulations of 13 department. 14 1510. Program oversight and administration. 15 1511. Report to Governor and General Assembly. 16 1512. Coordination. 17 1513. Operating program. 18 1514. Asset improvement program. 19 1515. New initiatives program. 20 1516. Programs of Statewide significance. 21 1517. Program oversight and administration. 22 1518. Retroactive authority. 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 20070H1590B2170 - 75 -
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 "Capital expenditures." All costs of capital projects, 15 including, but not limited to, the costs of acquisition, 16 construction, installation, start-up of operations, improvements 17 and all work and materials incident thereto. 18 "Capital project." 19 (1) A system of public passenger transportation, 20 including rail transportation facilities used for public 21 passenger transportation, which facilities may include the 22 following: 23 (i) railway, street railway, subway, elevated and 24 monorail passenger or passenger and rail rolling stock, 25 including self-propelled and gallery cars, locomotives, 26 passenger buses and wires, poles and equipment for the 27 electrification of any of such rails, tracks and 28 roadbeds, guideways, elevated structures, buildings, 29 stations, terminals, docks, shelters and parking areas 30 for use in connection with the rail transportation 20070H1590B2170 - 76 -
1 systems, interconnecting lines and tunnels to provide 2 passenger or passenger and rail service connections 3 between transportation systems, transportation routes, 4 corridors and rights-of-way therefor, but not for public 5 highways; 6 (ii) signal and communication systems necessary or 7 desirable for the construction, operation or improvement 8 of a public passenger system; or 9 (iii) any improvement or overhaul of any vehicle 10 equipment or furnishings of any of the items specified 11 under subparagraphs (i) and (ii) or any part or 12 fractional and undivided co-ownership or leasehold 13 interest in any one or combination of any of the items 14 specified under subparagraphs (i) and (ii) that may be 15 designated as a capital project by the Secretary of 16 Transportation. 17 (2) The term shall include the acquisition of land 18 necessary for the construction of a new project and debt 19 service and the cost of issuance of bond notes and other 20 evidences of indebtedness which a local transportation 21 organization or transportation company is permitted to issue 22 under any law of this Commonwealth. 23 "Commonwealth capital bonds." Evidence of debt incurred by 24 the Commonwealth under the act of February 9, 1999 (P.L.1, 25 No.1), known as the Capital Facilities Debt Enabling Act. 26 "Community transportation service" or "shared ride service." 27 Door-to-door demand transportation that is available to the 28 general public on a nonexclusive basis, operates on a nonfixed 29 route basis and charges a fare to all riders. The term does not 30 include exclusive ride taxi service, charter and sightseeing 20070H1590B2170 - 77 -
1 service, nonpublic transportation, school bus and limousine 2 service. 3 "Community transportation system." A person that provides 4 community transportation service and contracts with the 5 Department of Transportation to receive revenue replacement 6 funds. 7 "Department." The Department of Transportation of the 8 Commonwealth. 9 "Financial assistance." Grants or other types of financial 10 support provided by the Department of Transportation under this 11 chapter. 12 "Fixed guideway system." A fixed-route public transportation 13 service that uses and occupies a separate right-of-way or rail 14 line for the exclusive use of public transportation and other 15 high occupancy vehicles or uses a fixed catenary system and a 16 right-of-way usable by other forms of transportation. The term 17 includes light rail, commuter rail, automated guideway transit, 18 people movers, ferry boat service and fixed guideway facilities 19 for buses such as bus rapid transit and high occupancy vehicles. 20 "Fixed-route public transportation service." Regularly 21 scheduled general public transportation that is provided 22 according to published schedules along designated routes, but 23 that allows for route deviation within the published schedule, 24 with specified stopping points for the taking on and discharging 25 of passengers, including public bus and commuter rail systems 26 and other department-approved service. The term does not include 27 exclusive ride taxi service, charter or sightseeing service, 28 nonpublic transportation, school bus and limousine service. 29 "Fund." The Public Transportation Trust Fund established 30 under section 1506 (relating to fund). 20070H1590B2170 - 78 -
1 "Inflation index." An index established by the Department of 2 Transportation that is inflation sensitive. 3 "Intercity bus service." Passenger bus service of 35 miles 4 or more in length that is provided with an over the road bus and 5 operated between two noncontiguous urbanized areas, between an 6 urbanized area located in one county and rural communities 7 located in another county or between rural communities located 8 in different counties and contains all of the following 9 elements: 10 (1) Service that is operated for a fare on a regularly 11 scheduled fixed-route basis. 12 (2) Service that is offered to and utilized by the 13 general public without preconditions of advance reservation 14 or membership in a particular organization. 15 "Intercity passenger rail service." Passenger railroad 16 service that connects two or more urbanized areas and is 17 determined by the Department of Transportation to qualify as 18 intercity service, including commuter rail service. 19 "Job access and reverse commute project." A project funded 20 by the Federal Transit Administration under Federal law. 21 "Local transportation organization." Any of the following: 22 (1) A political subdivision or a public transportation 23 port or redevelopment authority organized under the laws of 24 this Commonwealth or pursuant to an interstate compact or 25 otherwise empowered to render, contract for the rendering or 26 assist in the rendering of transportation service in a 27 limited area in this Commonwealth, even though it may also 28 render or assist in rendering transportation service in 29 adjacent states. 30 (2) A nonprofit association that directly or indirectly 20070H1590B2170 - 79 -
1 provides public transportation service. 2 (3) A nonprofit association of public transportation 3 providers operating within this Commonwealth. 4 "Materials and supplies." Those categories of expenses as 5 specified in Uniform System of Accounts expense object class 6 504, National Transit Database operating expenses form F 30, 7 National Transit Database, Final Rule, Federal Transit 8 Administration, dated January 15, 1993, or any successor. 9 "Municipality." A city, borough, incorporated town or 10 township. 11 "New fixed guideway system." A newly-constructed fixed 12 guideway system in a corridor or alignment where no such system 13 previously existed. 14 "New freedom program." A public transportation program 15 designed to provide funds to recipients for new public 16 transportation services and public transportation alternatives 17 beyond those required by the Americans with Disabilities Act of 18 1990 (Public Law 101-336, 104 Stat. 327) that assist individuals 19 with disabilities with transportation, including transportation 20 to and from jobs and employment support services administered 21 under the provisions of 49 U.S.C. § 5317 (relating to new 22 freedom program.) 23 "New start." The term shall have the same meaning given it 24 in 49 CFR § 611.5 (relating to definitions). 25 "Nonurbanized area." An area within this Commonwealth that 26 does not fall within an area classified as "urbanized" by the 27 United States Bureau of the Census of the United States 28 Department of Commerce in the most recent Census of Population. 29 "Nonvehicle maintenance expenses." The categories of costs 30 associated with the inspection, maintenance and repair of 20070H1590B2170 - 80 -
1 assets, other than vehicles, as specified in Uniform System of 2 Accounts, expense function 042, National Transit Database 3 operating expenses form, F 30, National Transit Database, Final 4 Rule, Federal Transit Administration, dated January 15, 1993, or 5 any successor. 6 "Operating expenses." Total expenses required to continue 7 service to the public and to permit needed improvements in 8 service which are not self-supporting and otherwise for any 9 purpose in furtherance of public passenger transportation, 10 including all State asset maintenance costs. The term does not 11 include expenditures for capital projects unless specific 12 approval is provided by the Department of Transportation. 13 "Operating revenue." The total revenue earned by a local 14 transportation organization or a transportation company through 15 its transit operations. The term includes all of the following: 16 (1) Passenger fares. 17 (2) Reimbursements provided in lieu of fares for senior 18 passengers. 19 (3) Charter, school bus and advertising revenue. 20 (4) Other miscellaneous revenue such as public and 21 private route guarantee funds. 22 "Paratransit service." Transit service operating on a 23 nonfixed-route basis in order to provide complementary 24 transportation service to persons who are functionally unable to 25 use fixed-route transportation, as required by the Americans 26 with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 27 327). 28 "Passengers." The total of all originating passengers plus 29 transfer passengers carried on fixed-route service and 30 paratransit service. 20070H1590B2170 - 81 -
1 "Public passenger transportation." Transportation within an 2 area that includes a municipality or other built-up place that 3 is appropriate in the judgment of the Department of 4 Transportation to serve commuters or others in the locality, 5 taking into consideration the local patterns and trends of 6 growth by bus or rail or other conveyance, either publicly or 7 privately owned, serving the general public. The term does not 8 include school buses, charter or sightseeing services. 9 "Revenue replacement funds." Payments made to local 10 transportation organizations and transportation companies to 11 offset or partially offset fares. 12 "Revenue vehicle hours." The total amount of time calculated 13 in hours during which vehicles are in service and available for 14 public use in fixed-route service or paratransit service. The 15 term does not include deadhead hours. 16 "Revenue vehicle miles." The total amount of distance 17 calculated in miles during which vehicles are in service and 18 available for public use in fixed-route service or paratransit 19 service. The term does not include deadhead miles. 20 "Reverse commute project." A public transportation project 21 designed to transport residents of urbanized and nonurbanized 22 areas to suburban employment opportunities as defined under 49 23 U.S.C. § 5316 (relating to job access and reverse commute 24 formula grants). 25 "Secretary." The Secretary of Transportation of the 26 Commonwealth. 27 "Senior citizen." A person who is at least 65 years of age. 28 "Senior passenger." A senior citizen who rides on fixed 29 route service. 30 "Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), 20070H1590B2170 - 82 -
1 known as the Tax Reform Code of 1971. 2 "Transportation company." A person that renders public 3 passenger transportation service. 4 "Urbanized area." A portion of this Commonwealth classified 5 as urbanized by the United States Bureau of the Census of the 6 United States Department of Commerce in the most recent Census 7 of Population. 8 "Vehicle maintenance expenses." The categories of costs 9 associated with the inspection, maintenance and repair of 10 vehicles as specified in Uniform System of Accounts, expense 11 function 041, National Transit Database operating expenses form 12 F 30, National Transit Database, Final Rule, Federal Transit 13 Administration, dated January 15, 1993, or any successor. 14 "Welfare-to-work." Any Federal or State program designed to 15 move individuals from dependency on public welfare programs to 16 self-sufficiency through paid work. 17 § 1504. Program authorization. 18 (a) General.--The department may, within the limitations 19 provided in this chapter, incur costs directly or otherwise 20 provide financial assistance for the purposes and activities 21 enumerated in this chapter. 22 (b) Supplementation of Federal and local funds.--The 23 authority conferred on the department by this section includes, 24 but is not limited to, providing financial assistance for public 25 passenger transportation purposes and to supplement Federal 26 funding, local funding, or both. 27 § 1505. Regulations. 28 (a) General rule.--To effectuate and enforce the provisions 29 of this chapter, the department shall promulgate necessary rules 30 and regulations and prescribe conditions and procedures in order 20070H1590B2170 - 83 -
1 to assure compliance in carrying out the purposes for which 2 financial assistance may be made under this chapter. 3 (b) Temporary regulations.--During the two-year period 4 following the effective date of this section, the department 5 shall promulgate temporary regulations, which regulations shall 6 be exempt from the following: 7 (1) The act of October 15, 1980 (P.L.950, No.164), known 8 as the Commonwealth Attorneys Act. 9 (2) Section 205 of the act of July 31, 1968 (P.L.769, 10 No.240), referred to as the Commonwealth Documents Law. 11 (3) The act of June 25, 1982 (P.L.633, No.181), known as 12 the Regulatory Review Act. 13 Temporary regulations promulgated by the department under this 14 subsection shall expire four years following the effective date 15 of this section. 16 § 1506. Fund. 17 (a) Establishment and deposits.--A special fund is 18 established within the State Treasury to be known as the Public 19 Transportation Trust Fund. The following shall be deposited into 20 the fund annually: 21 (1) Funds under 75 Pa.C.S. § 8915.3(8) (relating to 22 lease of Interstate 80). 23 (2) The amounts made available to the department as an 24 executive authorization and an appropriation for the 2007- 25 2008 fiscal year and each fiscal year thereafter from the 26 State Lottery Fund for the Free Transit Program for Senior 27 Citizens established under the act of August 26, 1971 28 (P.L.351, No.91), known as the State Lottery Law. These 29 revenues shall be used to provide free public transportation 30 service to senior citizens when passage is on fixed-route 20070H1590B2170 - 84 -
1 public transportation services, as authorized by Chapter 9 of 2 the State Lottery Law and the free service shall be available 3 to senior citizens at any time during the service provider's 4 regular hours of service. With regard to passage on commuter 5 rail service provided to senior citizens, the fare shall 6 continue to be limited to $1 per trip as provided under 7 Chapter 9 of the State Lottery Law, but the limitation shall 8 be extended to all hours of commuter rail service. 9 (3) Commencing July 1, 2007, 1.22% of the money 10 collected from the tax imposed under Article II of the Tax 11 Reform Code, up to a maximum of $75,000,000. 12 (4) Commencing July 1, 2007, revenues deposited into the 13 Public Transportation Assistance Fund established under 14 Article XXIII of the Tax Reform Code to be used in accordance 15 with subsection (b). 16 (5) Commencing July 1, 2007, 3.03% of the money 17 collected from the tax imposed under Article III of the Tax 18 Reform Code. Within 30 days of the close of a calendar month, 19 3.03% of the taxes received under Article III of the Tax 20 Reform Code in the prior calendar month shall be transferred 21 to the fund. 22 (6) Any other appropriations to the fund. 23 (b) Use of revenues.-- 24 (1) Money in the fund shall be used by the department to 25 provide financial assistance to local transportation 26 organizations, transportation companies and agencies and 27 instrumentalities of the Commonwealth under this chapter, for 28 costs incurred directly by the department in the 29 administration of public passenger transportation programs, 30 including under this chapter, and for all other purposes 20070H1590B2170 - 85 -
1 enumerated in this chapter. 2 (2) Money in the fund is appropriated on a continuing 3 basis, upon approval of the Governor, to the department to be 4 used as provided in this chapter. Money in the fund shall not 5 lapse. 6 (c) Programs.--The fund is authorized to provide the 7 following: 8 (1) Financial assistance related to operating expenses 9 to be known as the "operating program." To the extent funds 10 are available, an amount not less than $810,000,000 of the 11 fund shall be allocated to this program in the first fiscal 12 year following the effective date of this section. Money in 13 the fund allocated to the operating program shall not be 14 increased by more than the inflation index in any year. 15 (2) Financial assistance for improvements to capital 16 assets, replacement of capital assets and expansion of 17 capital assets to be known as the "asset improvement 18 program." An amount equal to the remaining money in the fund, 19 less the allocations under paragraphs (1), (3) and (4) shall 20 be allocated to this program in the first fiscal year 21 following the effective date of this section. Money in the 22 fund for this program may include proceeds of Commonwealth 23 capital bonds. 24 (3) Financial assistance to fund new or expansions of 25 fixed guideway systems, to be known as the "new initiatives 26 program." An amount not greater than $50,000,000 of the fund 27 shall be allocated to this program in the first fiscal year 28 following the effective date of this section. 29 (4) Financial assistance related to programs of 30 Statewide significance as described in section 1516 (relating 20070H1590B2170 - 86 -
1 to programs of Statewide significance) to be known as the 2 "programs of Statewide significance program." To the extent 3 funds are available, an amount not less than $52,000,000 of 4 the fund shall be allocated to this program in the first 5 fiscal year following the effective date of this section. 6 § 1507. Application and approval process. 7 (a) Application.--An eligible applicant that wishes to 8 receive financial assistance under this chapter shall submit a 9 written application to the department, on a form developed by 10 the department, which shall include the following: 11 (1) The name and address of the applicant. 12 (2) The name and telephone number of a contact person 13 for the applicant. 14 (3) The amount and type of financial assistance 15 requested and the proposed use of the funds. 16 (4) A statement as to the particular need for the 17 financial assistance. 18 (5) A certified copy of a current resolution authorizing 19 submission of the application if the applicant is a governing 20 body. 21 (6) Evidence satisfactory to the department of the 22 commitment for matching funds required under this chapter 23 sufficient to match the projected financial assistance 24 payments at the same times that the financial assistance 25 payments are to be provided. 26 (7) Any other information the department deems necessary 27 or desirable. 28 (b) Approval and award.--Upon determining that an applicant 29 has complied with this chapter, applicable rules and regulations 30 and any other requirement with respect to the financial 20070H1590B2170 - 87 -
1 assistance requested, the department may award financial 2 assistance to the applicant, in which case the department and 3 the applicant shall enter into a financial assistance agreement 4 setting forth the terms and conditions upon which the financial 5 assistance shall be used and the timing of payment of the funds. 6 (c) Restriction on use of funds.--Financial assistance under 7 this chapter shall be used only for activities authorized 8 originally unless the department grants a waiver to the award 9 recipient for a different use of the funds. The department's 10 regulations shall describe circumstances under which it will 11 consider the waivers and information to be included in a request 12 for a waiver. The maximum duration of a waiver shall be one 13 year, and a request for a waiver shall include a plan of 14 corrective action to demonstrate that the award recipient does 15 not have an ongoing need to use financial assistance funds for 16 activities other than those for which funds were originally 17 awarded. 18 § 1508. Federal funding. 19 (a) General rule.--The department shall administer the 20 program in this chapter with such flexibility as to permit full 21 cooperation between Federal, State and local governments, 22 agencies and instrumentalities, local transportation 23 organizations and private interests, so as to result in as 24 effective and economical a program as possible. 25 (b) Agreements.--The department may enter into agreements 26 for mutual cooperation between or among the department and a 27 Federal agency, local transportation organization or 28 transportation company concerning a project to be funded with 29 financial assistance under this chapter, including joint 30 applications for Federal grants. 20070H1590B2170 - 88 -
1 (c) General authority of department.--The department may do 2 anything necessary or desirable to secure financial aid or 3 cooperation of a Federal agency in a project funded with 4 financial assistance under this chapter and to comply with a 5 Federal statute or lawful requirement of a Federal agency 6 authorized to administer a program of Federal aid to 7 transportation. The department may enter into a protective 8 agreement with organized labor to the extent required under 49 9 U.S.C. § 5333 (relating to labor standards) in order to obtain 10 Federal grant money for transportation assistance. Protective 11 agreements shall be narrowly drawn and strictly construed to 12 provide no more than the minimum protections required by the 13 United States Department of Labor for the agreements. 14 (d) Direct recipients.--Local transportation organizations 15 that are direct recipients of Federal funding shall be under no 16 obligation to enter into contracts with the department for 17 expenditure of those funds, except that the department may 18 require a contract for expenditure of the State portion of the 19 project assisted by those Federal funds. 20 § 1509. Limitation on decisions, findings and regulations of 21 department. 22 All decisions, findings and regulations made by the 23 department pursuant to this chapter shall be for the purposes of 24 this chapter only and shall not constitute evidence before a 25 regulatory body of this Commonwealth or any other jurisdiction. 26 § 1510. Program oversight and administration. 27 (a) Review and oversight.--The department shall initiate and 28 maintain a program of financial and performance review and 29 oversight for all public transportation programs receiving 30 financial assistance under this chapter. The department may 20070H1590B2170 - 89 -
1 perform independent financial audits of each award recipient. 2 Audits shall be conducted in accordance with generally accepted 3 auditing standards and shall ensure compliance by award 4 recipients with this chapter, department regulations and 5 policies and financial assistance agreements. 6 (b) State Rail Transit Safety Inspection Program.--The 7 department may conduct a State Rail Transit Safety Inspection 8 Program, as may be defined from time to time by the Federal 9 Transit Administration, to meet oversight requirements of the 10 Federal Transit Administration. The public transportation modes 11 covered shall include heavy rail, light rail, trackless trolley 12 bus and inclined plane services and related facilities. 13 § 1511. Report to Governor and General Assembly. 14 The department shall file a public passenger transportation 15 performance report with the Governor and the General Assembly by 16 April 30 of each year, covering the prior fiscal year. 17 § 1512. Coordination. 18 Coordination is required in regions where two or more award 19 recipients have services or activities for which financial 20 assistance is being provided under this chapter to assure that 21 the services or activities are provided efficiently and 22 effectively. 23 § 1513. Operating program. 24 (a) Eligible applicants.--The governing body of a 25 municipality, county or instrumentality of either, a 26 Commonwealth agency or instrumentality or a local transportation 27 organization may apply for financial assistance under the 28 operating program. 29 (b) Applications.--In addition to information required under 30 section 1507 (relating to application and approval process), an 20070H1590B2170 - 90 -
1 application for financial assistance under this section shall 2 include the applicant's reasonable estimates of operating 3 revenue and government subsidies sufficient to cover all 4 projected operating expenses. 5 (c) Distribution formula.--The following distribution 6 formula shall be applied by the department with respect to the 7 award of an operating grant: 8 (1) Twenty-five percent of the award amount shall be 9 based on passengers; 10 (2) Ten percent of the award amount shall be based on 11 senior passengers to offset free fares for senior passengers; 12 (3) Thirty-five percent of the award amount shall be 13 based on revenue vehicle hours; 14 (4) Thirty percent of the award amount shall be based on 15 revenue vehicle miles. 16 (d) Local match requirements.-- 17 (1) Local or private cash funding shall be provided as a 18 match in the amount of 20% of the financial assistance being 19 provided. The following apply: 20 (i) For the Fiscal Year 2007-2008, the minimum of 21 local or private cash funding required under this 22 paragraph shall be: 23 (A) the match required for Fiscal Year 2006- 24 2007; and 25 (B) 5% of the amount under clause (A). 26 (ii) For each fiscal year after Fiscal Year 2007- 27 2008 until the match required under this paragraph is 28 reached, the minimum of local or private cash funding 29 required under this paragraph shall be: 30 (A) the match required for the immediately 20070H1590B2170 - 91 -
1 preceding fiscal year; and 2 (B) 5% of the amount under clause (A). 3 (iii) There is no maximum on the local or private 4 cash funding required under this paragraph. 5 (2) For financial assistance to a local transportation 6 organization, eligible local matching funds shall consist 7 only of cash contributions provided by one or more 8 municipalities or counties that are members of the local 9 transportation organization. The amount of the match and the 10 time period during which the match must continue to be 11 available shall be specified in the financial assistance 12 agreement. Funding provided by local and private entities, 13 including advertising or naming rights, may be eligible for 14 the match to the extent they provide for the cost of transit 15 service that is open to the public. The following shall not 16 be eligible for a local match: 17 (i) Any form of transit operating revenue or other 18 forms of transit income provided by the local 19 transportation organization. 20 (ii) Funds used to replace fares. 21 (3) A county or municipality in a metropolitan area 22 which is a member of a local transportation organization is 23 authorized to provide annual financial assistance from 24 current revenues to the local transportation organization of 25 which it is a member or enter into a long-term agreement for 26 payment of money to assist in defraying the costs of 27 operation, maintenance and debt service of the local 28 transportation organization or of a particular public 29 transportation project of a local transportation 30 organization. The obligation of a municipality or county 20070H1590B2170 - 92 -
1 under an agreement pursuant to this paragraph shall not be 2 considered to be a part of the indebtedness of the county or 3 municipality, nor shall the obligation be deemed to impair 4 the status of any indebtedness of the county or municipality 5 which would otherwise be considered self-sustaining. 6 (4) The following shall apply to the Southeastern 7 Pennsylvania Transportation Authority: 8 (i) The local match provided by each jurisdiction 9 shall be calculated by multiplying the total match 10 required for State funding by the total of route miles 11 provided in that jurisdiction as a percentage of the 12 total route miles operated in all jurisdictions. Where 13 appropriate, a transportation system may calculate the 14 local match by mode or division, or both. 15 (ii) The department shall suspend funding of any 16 capital project within any county that fails to meet its 17 required matching funds requirement under this 18 subsection, and a transportation system shall not expand 19 service into any county that fails to meet its required 20 matching funds under this subsection. During any time in 21 which a county fails to meet its required matching funds 22 under this subsection the county's representative on the 23 governing body of the transporting organization shall 24 become a nonvoting member of the governing body until 25 such time that the county meets its local matching 26 requirements. 27 (e) Performance reviews.-- 28 (1) The department may conduct performance reviews of an 29 award recipient that receives financial assistance under this 30 section to determine the efficiency and effectiveness of the 20070H1590B2170 - 93 -
1 financial assistance. Reviews shall be conducted at regular 2 intervals as established by the department in consultation 3 with the management of the award recipient. After completion 4 of a review, the department shall issue a report that: 5 (i) highlights exceptional performance and 6 identifies any problems that need to be resolved; 7 (ii) assesses performance, efficiency and 8 effectiveness of the use of the funds; 9 (iii) makes recommendations on what follow-up 10 actions are required to remedy each problem; and 11 (iv) provides an action plan documenting who should 12 perform the recommended actions and a time frame within 13 which they should be performed. 14 (2) The department shall deliver the report to the 15 Governor, to the Transportation Committee of the Senate and 16 to the Transportation Committee of the House of 17 Representatives. The department's regulations shall contain a 18 description of the impact on both the amount of, and future 19 eligibility for, receipt of financial assistance under this 20 chapter based upon the degree to which the local 21 transportation organization complies with the recommendations 22 in the report. The department shall develop a list of best 23 practices revealed by the reports issued under this 24 subsection and shall post them on the department's Internet 25 website. 26 (f) Performance criteria.--Criteria used for the reviews 27 conducted under subsection (e) shall consist of passengers per 28 revenue vehicle hour, operating costs per revenue vehicle hour, 29 operating revenue per revenue vehicle hour, operating costs per 30 passenger and other items as the department may establish. The 20070H1590B2170 - 94 -
1 department's regulations shall set forth the minimum system 2 performance criteria that an award recipient must satisfy. 3 (g) Failure to satisfy minimum performance criteria.--If a 4 performance review conducted under subsection (e) reveals: 5 (1) that the performance of an award recipient's 6 transportation system has decreased compared to performance 7 determined through a prior review, the department may, upon 8 the written request of an award recipient, waive any 9 requirement for a reduction in the amount of financial 10 assistance to be awarded under this section for a reasonable 11 time period to allow the award recipient to bring the system 12 back to the required performance level. The award recipient 13 shall provide written justification for providing a time 14 period longer than two years. In order to obtain the waiver 15 for the period requested, the award recipient must do all of 16 the following: 17 (i) Develop an action plan to improve system 18 performance that contains key measurable milestones. The 19 action plan must be acceptable to the department and must 20 be approved by the department in writing. 21 (ii) Submit quarterly progress reports on the action 22 plan to the department. 23 (2) The department shall review and evaluate the award 24 recipient's progress to determine if the system has improved. 25 If the system has improved, funding will be determined by the 26 formula under subsection (c), and the award recipient will be 27 eligible for full formula funding. If the system has not 28 improved at the end of the time period established for 29 improvement, the waiver will be withdrawn. Expenses incurred 30 by the award recipient as a result of the failure of the 20070H1590B2170 - 95 -
1 award recipient's system to meet the minimum performance 2 criteria shall be borne by the award recipient. 3 (h) Adjustments to minimum performance criteria.--Upon 4 written request of a recipient of financial assistance under 5 this section, the department may approve adjustments to the 6 minimum performance criteria described in subsection (g) in a 7 given year if situations arise that affect performance of the 8 award recipient's system and are out of the award recipient's 9 control. Examples are labor strikes, infrastructure failures and 10 natural disasters. The request must include the award 11 recipient's justification for the adjustment. 12 (i) Periodic review of formula.--The department, in 13 consultation with all award recipients, shall review the 14 distribution formula established under subsection (c) at least 15 once every three years and, prior to the start of the next 16 succeeding fiscal year, shall recommend adjustments it deems 17 appropriate. If an adjustment results in a change of five 18 percentage points or less in any category, the department shall 19 forward a notice of the change to the Legislative Reference 20 Bureau for publication in the Pennsylvania Bulletin, and the 21 change shall take effect at the commencement of the next fiscal 22 year. If an adjustment results in a change in excess of five 23 percentage points in any category, the change shall be 24 incorporated into the department's regulations by amendment and 25 shall take effect at the commencement of the next fiscal year 26 following promulgation of the amendment. 27 (j) Needs-based adjustment.--In order to allow an award 28 recipient that was receiving financial assistance under former 29 Chapter 13 (relating to public transportation assistance) prior 30 to the effective date of this section to transition into the 20070H1590B2170 - 96 -
1 funding formula established under subsection (c), the department 2 shall provide the award recipient, as part of the award under 3 this section, with a needs-based adjustment. The needs-based 4 adjustment shall be calculated by increasing the amount that the 5 award recipient received under Chapter 13 for operating expenses 6 and asset maintenance costs in the 2005-2006 fiscal year and 7 increasing the resulting amount by an adjustment factor to 8 assure a funding level consistent with the operating funding 9 needs as identified by the department. Funds remaining after the 10 needs-based adjustment is applied shall be set aside in an 11 operating reserve account to be used at the department's 12 discretion for short-term public passenger transportation needs. 13 The department's regulations shall establish the manner in which 14 the funds in the reserve account may be used. 15 (k) Growth caps.--Each fiscal year after the fiscal year in 16 which the department provides a needs-based adjustment under 17 subsection (i), the department shall determine the maximum 18 percentage increase that an award recipient shall be eligible to 19 receive for operating expenses in addition to an increase tied 20 to the inflation index amount. The maximum percentage increase 21 shall be capped at the inflation index rate of the award 22 recipient's transportation system's passengers per revenue hour, 23 or revenue per revenue vehicle hour performance, falls below 24 peer system average or if the operating cost per revenue hour or 25 operating cost per passenger exceeds the peer system average. 26 Notwithstanding the provisions of this subsection, money 27 available for financial assistance under this section shall at 28 all times be capped by the amount of money in the fund allocated 29 for the operating program. 30 (l) Operating reserve.--The department may establish a 20070H1590B2170 - 97 -
1 limitation on the amount of financial assistance awarded under 2 this section that may be carried over for use in subsequent 3 fiscal years. 4 (m) Certification.--The Commonwealth shall not provide 5 financial assistance to a municipality under this section unless 6 the municipality certifies the amount of its local match under 7 subsection (d). 8 § 1514. Asset improvement program. 9 (a) Eligible applicants.--A local transportation 10 organization, an agency or instrumentality of the Commonwealth, 11 an entity responsible for coordinating community transportation 12 program services, or any other person the department deems to be 13 eligible may apply to the department for financial assistance 14 under the asset improvement program. The department shall 15 develop and maintain four-year and twelve-year plans that 16 summarize the capital projects and financial assistance for 17 capital projects based upon cash flow and revenue projections 18 for the fund. 19 (b) Applications.--In addition to information required under 20 section 1507 (relating to application and approval process), an 21 application for financial assistance under this section shall 22 include the following: 23 (1) Evidence satisfactory to the department that the 24 proposed capital project is included in the first year of the 25 applicant's four-year capital program and its federally 26 approved Transportation Improvement Program. 27 (2) If an applicant is requesting financial assistance 28 for replacement of capital assets, evidence satisfactory to 29 the department that the capital assets to be replaced have 30 exceeded the useful life criteria as defined by the 20070H1590B2170 - 98 -
1 department. At its discretion, the department may approve 2 funding to replace capital assets that do not exceed the 3 useful life criteria if the applicant provides documentation 4 acceptable to the department to justify the early replacement 5 of the capital assets. 6 (3) If the applicant is requesting financial assistance 7 for expansion of capital assets, evidence satisfactory to the 8 department that the applicant will have sufficient future 9 annual operating funds to support the proposed expansion of 10 the assets. 11 (4) Any other information required by the department, 12 including a return on investment analysis or a life cycle 13 cost analysis, or both. 14 (c) Local match requirements.--Financial assistance under 15 this section shall be matched by local or private cash funding 16 in an amount not less than 20% of the amount of the financial 17 assistance. The source of funds for the local match shall be 18 subject to the requirements of section 1513(d) (relating to 19 operating program). Each capital project shall be based on the 20 plan approved by the department. 21 (d) Conditions for receipt of bond funding.--An applicant 22 may receive proceeds of Commonwealth capital bonds from the fund 23 for financial assistance under this section if all of the 24 following conditions are met: 25 (1) The applicant's project has been authorized by a 26 capital budget project itemization act. 27 (2) The applicant's project shall have been included in 28 the department's approved annual release request approving 29 the use of the funds for the proposed capital project in the 30 fiscal year in which the funds are expected to be expended. 20070H1590B2170 - 99 -
1 (3) The department shall have approved the underlying 2 application for the capital project. 3 (4) The project has a 20-year or longer useful life. 4 (e) Priorities.--The award of financial assistance under 5 this section shall be subject to the following set of priorities 6 in descending order of significance unless a compelling return 7 on investment analysis for a project in a lower significant 8 category is provided to and approved by the department: 9 (1) Funds required to support existing local bond issues 10 currently supported with State revenue sources, such as debt 11 service and asset leases. The Commonwealth pledges to and 12 agrees with any person, firm or corporation holding any bonds 13 previously issued by, or any other debt incurred by, a local 14 transportation organization, and secured in whole or part by 15 a pledge of the funds provided to the local transportation 16 organization from the Public Transportation Assistance Fund 17 established under Article XXIII of the Tax Reform Code, that 18 the Commonwealth will not limit or alter rights vested in a 19 local transportation organization in any manner inconsistent 20 with obligations of the local transportation organization to 21 the obligees of the local transportation organization until 22 all bonds previously issued or other debt incurred, together 23 with the interest thereon, is fully paid or provided for. 24 (2) Funds required to match federally approved capital 25 projects funded under 49 U.S.C. §§ 5307 (relating to 26 urbanized area formula grants) and 5309 (relating to capital 27 investment grants and loans) and other federally approved 28 capital projects. 29 (3) Other non-Federal capital projects as determined by 30 the department, which shall be further subject to the 20070H1590B2170 - 100 -
1 following set of priorities in descending order of 2 significance: 3 (i) Essential emergency asset improvement projects. 4 (ii) Standard replacement of existing assets that 5 have exceeded their useful life. 6 (iii) Asset improvement projects to extend the 7 useful life of the affected assets. 8 (iv) Acquisition of new assets and other acceptable 9 purposes, other than projects to be funded under the new 10 initiatives program, as determined by the department. 11 (f) Bonding by award recipients.--With the approval of the 12 department, an award recipient that is allowed by its enabling 13 statute to issue bonds may do so for the purpose of financing a 14 multiyear capital project. The bonds shall be issued in 15 accordance with the provisions of the award recipient's enabling 16 statute. The department shall enter into an agreement with the 17 award recipient providing that payments of the capital funds 18 sufficient to satisfy requirements of the bonds issued be made 19 directly to the trustee and bond holders until such time as the 20 bonds are retired. 21 (g) Certification.--The Commonwealth shall not provide 22 financial assistance to a municipality under this section unless 23 the municipality certifies the amount of its local match under 24 subsection (c). 25 § 1515. New initiatives program. 26 (a) Eligible applicants.--Persons eligible to apply for 27 financial assistance under the asset improvement program shall 28 also be eligible to apply for financial assistance under the new 29 initiatives program. 30 (b) Applications.--In addition to the information required 20070H1590B2170 - 101 -
1 under section 1507 (relating to application and approval 2 process), an application for financial assistance under this 3 section shall include all of the information required in an 4 application for financial assistance under section 1514 5 (relating to asset improvement program). If the application is 6 for a proposed expansion of a capital asset, the application 7 shall also contain evidence satisfactory to the department that 8 the applicant will have sufficient future annual operating funds 9 to support the proposed expansion. 10 (c) Limitation.--In making awards of financial assistance 11 under this section, the department shall give priority to 12 applicants that intend to use the funds in satisfaction of the 13 local matching portion of federally approved projects funded 14 pursuant to 49 U.S.C. § 5309 (relating to capital investment 15 grants and loans). The department may fund projects that do not 16 receive funding from the Federal New Starts Program if the 17 applicant can provide sufficient justification that the project 18 can meet all of the following requirements: 19 (1) Investments in existing service areas have been 20 optimized. 21 (2) An analysis reveals a reasonable return on 22 investment. 23 (3) Identification of the public benefit of the project. 24 (4) Required local funds are available to pay any 25 required local match for the project and ongoing operating 26 costs. 27 (5) There exists local technical ability and capacity to 28 manage, construct and operate the project. 29 (6) The project is supported by the adoption of an 30 integrated land use plan by local municipalities. 20070H1590B2170 - 102 -
1 (d) Local match requirements.--Financial assistance under 2 this section shall be matched by local or private cash funding 3 in an amount not less than 100% of the amount of the grant. The 4 source of funds for the local match shall be subject to the 5 requirements of section 1513(d) (relating to operating program). 6 (e) 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 § 1516. Programs of Statewide significance. 11 (a) General rule.--Money in the fund allocated for programs 12 of Statewide significance shall be used by the department to 13 support public transportation programs, activities and services 14 not otherwise fully funded through the operating program, 15 capital program or asset improvement program. These include the 16 following: 17 (1) The Persons with Disabilities Program. 18 (2) Intercity and commuter rail and bus services. 19 (3) Community transportation capital and service 20 stabilization. 21 (4) The Welfare to Work Program and matching funds for 22 Federal programs with similar intent. 23 (5) Demonstration and research projects. 24 (6) Technical assistance. 25 (7) (Reserved). 26 (8) (Reserved). 27 (9) (Reserved). 28 (10) (Reserved). 29 (11) Other public passenger transportation programs 30 initiated by the department. 20070H1590B2170 - 103 -
1 (b) Persons with disabilities.--The department shall 2 establish and administer a program providing reduced fares to 3 persons with disabilities on community transportation services 4 and to provide financial assistance for start-up, administrative 5 and capital expenses related to reduced fares for persons with 6 disabilities. All of the following shall apply: 7 (1) A community transportation system operating in the 8 Commonwealth other than in counties of the first and second 9 class may apply for financial assistance under this 10 subsection. 11 (2) The department may award financial assistance under 12 this subsection for program start-up and for continuing 13 capital expenses to offset administrative and capital 14 expenses. For community transportation trips made by eligible 15 persons with disabilities, financial assistance may be 16 awarded to an eligible community transportation system to 17 reimburse the system for up to 85% of the fare established 18 for the general public for each trip which is outside of a 19 fixed-route and paratransit service areas and not eligible 20 for funding from any other program or funding source. The 21 person making the trip or an approved third-party sponsor 22 shall contribute the greater of 15% of the fare established 23 for the general public or the Americans with Disabilities Act 24 complementary paratransit fare. 25 (c) Intercity transportation.--The department is authorized 26 to provide financial support for an efficient and coordinated 27 intercity common carrier surface transportation program, 28 consisting of both intercity rail and intercity bus 29 transportation, with the intent of sustaining strong intercity 30 connections. All of the following shall apply: 20070H1590B2170 - 104 -
1 (1) An intercity passenger rail service provider, a 2 local transportation organization, an agency or 3 instrumentality of the Commonwealth and a transportation 4 company that provides intercity public transportation service 5 may apply for financial assistance under this subsection. The 6 department is authorized to enter into joint service 7 agreements with a railroad company, any other agency or 8 instrumentality of the Commonwealth, a Federal agency or an 9 agency or instrumentality of any other jurisdiction relating 10 to property, buildings, structures, facilities, services, 11 rates, fares, classifications, dividends, allowances or 12 charges, including charges between intercity rail passenger 13 service facilities, or rules or regulations pertaining 14 thereto, for or in connection with or incidental to 15 transportation in whole or in part upon intercity rail 16 passenger service facilities. 17 (2) Operating assistance and capital assistance may be 18 provided for intercity bus and rail services as determined by 19 the department. 20 (3) For financial assistance to a transportation 21 company, eligible matching funds shall consist only of cash 22 income generated by the transportation company from its 23 activities, other than the provision of public passenger 24 transportation service, and contributed by the transportation 25 company in the amount and for the time period specified in 26 the financial assistance agreement. 27 (4) Local match requirements are as follows: 28 (i) For intercity bus operating and capital 29 assistance, the department shall require a local match by 30 local or private cash funding in an amount equal to 100% 20070H1590B2170 - 105 -
1 of the amount of the financial assistance being provided. 2 (ii) For intercity rail operating and capital 3 assistance, the department shall require a local match on 4 a case-by-case basis, taking into account the best 5 interests of the Commonwealth. 6 (5) For purposes of this subsection, "local match" is 7 defined as local revenue obtained from other nonsubsidized 8 services, such as charter, school bus or profits realized 9 from other intercity bus services. Local match shall not 10 include any funds received from Federal or State sources. 11 (d) Community transportation.-- 12 (1) The department is authorized to provide financial 13 assistance under this section for all of the following: 14 (i) Capital expenditures for the provision of 15 community transportation service. 16 (ii) To stabilize current service and fares. 17 (iii) To provide advice or technical assistance to 18 analyze and enhance community transportation system 19 resources and services. 20 (iv) To maximize available funding including Federal 21 dollars. 22 (v) To ensure equitable cost sharing. 23 (2) The governing body of a county, other than a county 24 of the first or second class, or a transportation company 25 designated by the governing body of the county as the 26 coordinator of community transportation service, and an 27 agency or instrumentality of the Commonwealth may apply for 28 financial assistance under this subsection subject to all of 29 the following: 30 (i) An applicant for financial assistance for 20070H1590B2170 - 106 -
1 capital expenditures for the provision of public 2 community transportation service shall certify to the 3 department that it has taken all reasonable steps to 4 coordinate local service for the elderly and persons with 5 disabilities and that the services to be offered with the 6 capital assets do not duplicate existing fixed-route 7 services. 8 (ii) The governing body of a county or the 9 coordinator described under this paragraph shall not be 10 eligible for financial assistance for service 11 stabilization if any of the following apply: 12 (A) The coordinator receives financial 13 assistance under the operating program established 14 under this chapter. 15 (B) The coordinator is a private for-profit 16 provider. 17 (3) Financial assistance for service stabilization may 18 only be provided for the following purposes: 19 (i) Short-term, long-term and strategic planning. 20 (ii) Technology investment. 21 (iii) Training programs designed to enhance 22 transportation management and staff expertise. 23 (iv) Offsetting operating expenses that cannot be 24 covered by fare revenue due to emergencies. 25 (v) Marketing activities. 26 (vi) Other stabilization purposes approved by the 27 department. 28 (4) The department shall give high priority to providing 29 financial assistance under this subsection as match for 30 Federal funding to support capital projects for community 20070H1590B2170 - 107 -
1 transportation systems. 2 (5) The department shall conduct a study to evaluate the 3 effectiveness and efficiency of community transportation 4 service delivery as it relates to human service programs. The 5 Department of Public Welfare, the Office of the Budget and 6 the Department of Aging and other appropriate Commonwealth 7 agencies identified by the department shall participate and 8 fully support the study to achieve the intended purposes. 9 Within two years following the effective date of this 10 section, these agencies shall make recommendations to the 11 Governor and the Majority and Minority chairpersons of the 12 Transportation Committee of the Senate and the Majority and 13 Minority chairpersons of the Transportation Committee of the 14 House of Representatives for improving coordination and 15 efficiency of human services and community transportation. 16 (e) Welfare-to-work and Federal programs match.--The 17 department is authorized to provide financial assistance under 18 this section to design and implement projects and services and 19 to reimburse award recipients for the expenses associated with 20 the projects and services that identify and address public 21 passenger transportation and related barriers preventing 22 individuals eligible for participation in the Federal welfare- 23 to-work program from securing and maintaining employment and 24 from accessing community services and facilities. All of the 25 following shall apply: 26 (1) A local transportation organization, a 27 transportation company designated by a county as the 28 coordinator of community transportation services and any 29 other person approved by the department may apply to the 30 department for financial assistance under this subsection. 20070H1590B2170 - 108 -
1 (2) Financial assistance awarded under this subsection 2 shall be used for any of the following purposes: 3 (i) Fixed-route service subsidy. 4 (ii) Contracted transportation services. 5 (iii) Fixed-route fare discounts. 6 (iv) Community transportation fare discounts. 7 (v) Taxi fare discounts. 8 (vi) Mileage reimbursement. 9 (vii) Vehicle purchase, insurance, maintenance and 10 repair. 11 (viii) Driver education classes. 12 (ix) Administrative expenses. 13 (x) Case management expenses. 14 (xi) Any other activities consistent with the 15 transportation related elements of the welfare-to-work 16 program. 17 (3) The department shall give high priority to providing 18 financial assistance under this subsection as match for 19 Federal funding to support projects with similar purposes and 20 eligible uses, including the Federal Job Access Reverse 21 Commute and New Freedoms programs. 22 (f) Technical assistance and demonstration.--The department 23 is authorized to provide financial assistance under this section 24 for technical assistance, research and short-term demonstration 25 projects. All of the following shall apply: 26 (1) A local transportation organization or an agency or 27 instrumentality of the Commonwealth may apply to the 28 department for financial assistance under this subsection. 29 (2) Financial assistance provided under this subsection 30 may be used for reimbursement for any approved operating or 20070H1590B2170 - 109 -
1 capital costs related to technical assistance and 2 demonstration program projects. Financial assistance for 3 short-term demonstration projects may be provided at the 4 department's discretion on an annual basis based on the level 5 of financial commitment provided by the award recipient to 6 provide ongoing future funding for the project as soon as the 7 project meets the criteria established by the department and 8 the award recipient. Financial assistance for this purpose 9 shall not be provided for more than three fiscal years. 10 Financial assistance may be provided to meet any short-term 11 emergency need that requires immediate attention and cannot 12 be funded through other sources. 13 (3) Financial assistance under this subsection provided 14 to a local transportation organization shall be matched by 15 local or private cash funding in an amount not less than 3 16 1/3% of the amount of the financial assistance being 17 provided. The sources of funds for the local match shall be 18 subject to the requirements of section 1513(d) (relating to 19 operating program). 20 § 1517. Program oversight and administration. 21 The department is authorized to use available money in the 22 fund to cover the costs incurred by the department in 23 administering all of its public passenger transportation funding 24 programs, including those established under this chapter, and 25 incurred in the carrying out of its responsibilities with 26 respect to the programs. 27 § 1518. Retroactive authority. 28 (a) Date of project.--Financial assistance may be awarded 29 under this chapter by the department with reference to an 30 appropriate project irrespective of when it was first commenced 20070H1590B2170 - 110 -
1 or considered and regardless of whether costs with respect to 2 the project were incurred prior to the time the financial 3 assistance is applied for or provided. 4 (b) Capital projects.-- 5 (1) For capital projects, the applicant must obtain 6 approval in writing from the department prior to incurring 7 any expenses for which the applicant may later seek 8 reimbursement. 9 (2) Notwithstanding paragraph (1), approval by the 10 department shall not constitute an approval of the 11 applicant's underlying request for financial assistance. 12 (3) By providing preapproval under this subsection, the 13 department may recognize any local funds already expended as 14 satisfying the local match requirement if and when the 15 applicant's application is approved. 16 Section 2.1. Sections 1713(a) and 1715(a) of Title 74 are 17 amended to read: 18 § 1713. Appointment of board members. 19 (a) Appointment.--Except as provided in subsection (d) with 20 respect to the continuation in office of members of the board of 21 any authority established under the former provisions of Article 22 III of the act of January 22, 1968 (P.L.42, No.8), known as the 23 Pennsylvania Urban Mass Transportation Law, or the former 24 provisions of Chapter 15 (relating to metropolitan 25 transportation authorities), at any time after the effective 26 date of this chapter: 27 (1) The Governor may appoint as a member of the board 28 one person who may be an ex officio appointee from among the 29 various officials in this Commonwealth and whose term as a 30 board member shall run concurrently with that of his 20070H1590B2170 - 111 -
1 Commonwealth position, if any, or the term of the appointing 2 Governor, whichever is shorter. 3 (2) The Majority Leader and the Minority Leader of the 4 Senate and the Majority Leader and the Minority Leader of the 5 House of Representatives may each appoint one person to serve 6 as a board member, whose term shall be concurrent with the 7 term and who shall serve at the pleasure of the appointing 8 legislative leader. 9 (3) The county commissioners or the county council in 10 each county and, in any county of the first class containing 11 a city of the first class, the mayor, with the approval of 12 the city council, may appoint [two] persons from each county 13 to serve as board members[.] as follows: 14 (i) Two members for counties which contribute less 15 than 7.5% of total local match required for State 16 operating financial assistance. 17 (ii) Three members for counties which contribute at 18 least 7.5% but less than 25% of total local match 19 required for State operating financial assistance. 20 (iii) Four members for counties which contribute at 21 least 25% of total local match required for State 22 operating financial assistance. 23 (4) On the effective date of this paragraph, any county 24 which has a member of the board in excess of the number 25 allotted under paragraph (3) will lose an appointment to the 26 board upon the expiration of the term of the member whose 27 term expires next, or if there is a vacancy, may not appoint 28 a person to fill the vacancy. 29 (5) The Secretary of Budget shall be a nonvoting member. 30 (6) The Secretary of Transportation or his deputy 20070H1590B2170 - 112 -
1 secretary shall be a nonvoting member. 2 (7) Each member appointed by a county shall have a 3 professional background expertise or substantial experience 4 in one or more of the following areas: 5 (i) Transportation. 6 (ii) Finance. 7 (iii) Law. 8 (iv) Tourism. 9 (v) Ridership community groups. 10 (vi) Land use and urban planning. 11 * * * 12 § 1715. Meetings, quorum, officers and records. 13 (a) Meetings.--Regular meetings of the board shall be held 14 in the metropolitan area at least once in each calendar month 15 except July or August, the time and place of the meetings to be 16 fixed by the board. A majority of the board shall constitute a 17 quorum for the transaction of business. All action of the board 18 shall be by resolution, and the affirmative vote of a majority 19 of all the members shall be necessary for the adoption of any 20 resolution. No action by the board to which an express objection 21 has been made, under this section, by a board member or members 22 representing a county or counties having one-third or more of 23 the population of the metropolitan area, as determined by the 24 most recent decennial census, shall be carried unless supported 25 at a subsequent regular meeting of the board by the votes of at 26 least [three-quarters] 70% of the voting membership of the 27 board. In case of disagreement between members representing the 28 same county, each member shall be deemed to represent [one-half] 29 an equal proportion of the population of that county. 30 * * * 20070H1590B2170 - 113 -
1 Section 2.2. Title 74 is amended by adding a chapter to 2 read: 3 CHAPTER 81 4 TURNPIKE 5 Sec. 6 8101. Scope of chapter. 7 8102. Definitions. 8 8103. (Reserved). 9 8104. Status of turnpike revenue bonds, notes or other 10 obligations. 11 8105. Commission. 12 8106. Exercise of commission powers. 13 8107. Commission powers and duties. 14 8108. Expenses and bonding of commission members. 15 8109. Acquisition of property rights by commission. 16 8110. Procedural requirements of acquisition. 17 8111. Entry and possession of property condemned. 18 8112. Issuance of turnpike revenue bonds or other 19 obligations. 20 8113. Obligation proceeds restricted and lien created. 21 8114. Trust indenture authorized. 22 8115. Commission and obligations tax exempt. 23 8116. Collection and disposition of tolls and other revenue. 24 8116.1. Electronic toll collection. 25 8117. Refunding bonds. 26 8118. Rights of obligation holders and trustees. 27 8119. Authority granted to secretary. 28 8120. Construction of chapter. 29 § 8101. Scope of chapter. 30 This chapter relates to turnpike organization, extension and 20070H1590B2170 - 114 -
1 toll road conversion. 2 § 8102. Definitions. 3 The following words and phrases when used in this chapter 4 shall have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Commission." The Pennsylvania Turnpike Commission. 7 "Cost of the turnpikes." The term includes the cost of: 8 (1) Constructing turnpikes, connecting roads, storm 9 water management systems, tunnels and bridges. 10 (2) Lands, property rights, rights-of-way, easements and 11 franchises acquired by purchase or other means deemed 12 necessary or convenient for construction. 13 (3) Machinery and equipment, financing charges and 14 interest prior to construction, during construction and for 15 one year after completion of construction. 16 (4) Traffic estimates, engineering and legal expenses, 17 plans, specifications, surveys, cost and revenue estimates, 18 other expenses necessary or incident to determining the 19 feasibility or practicability of the enterprise, 20 administrative and legal expense and other expenses as may be 21 necessary or incident to financing authorized in this 22 chapter. 23 (5) Condemnation or other means of acquisition of 24 property necessary for the construction and operation. 25 (6) An obligation or expense contracted for by the 26 commission with the department or with the United States or a 27 Federal agency for any of the following: 28 (i) Traffic surveys, preparation of plans and 29 specifications, supervision of construction and other 30 engineering and administrative and legal services and 20070H1590B2170 - 115 -
1 expenses in connection with the construction of the 2 turnpike or any of the connecting roads, storm water 3 management systems, tunnels and bridges. 4 (ii) Costs of reimbursing the Federal Government 5 pursuant to the mandates of the Federal law for Federal 6 funds expended for interstate or other highways which are 7 to be made part of the turnpike system pursuant to this 8 chapter. 9 "Department." The Department of Transportation of the 10 Commonwealth. 11 "Electronic toll collection." A system of collecting tolls 12 or charges that is capable of charging an account holder for the 13 prescribed toll by electronic transmission of information 14 between a device on a vehicle and a device in a toll lane at a 15 toll collection facility. 16 "Lessee." A person, corporation, firm, partnership, agency, 17 association or organization that rents, leases or contracts for 18 the use of a vehicle and has exclusive use of the vehicle for 19 any period of time. 20 "Lessor." A person, corporation, firm, partnership, agency, 21 association or organization engaged in the business of renting 22 or leasing vehicles to any lessee under a rental agreement, 23 lease or other agreement under which the lessee has the 24 exclusive use of the vehicle for any period of time. 25 "Operator." An individual that uses or operates a vehicle 26 with or without permission of the owner. 27 "Owner." Except as provided under section 8116.1(e) 28 (relating to electronic toll collection), an individual, 29 copartnership, association or corporation having title or 30 interest in a property right, easement or franchise authorized 20070H1590B2170 - 116 -
1 to be acquired under this chapter. 2 "Secretary." The Secretary of Transportation of the 3 Commonwealth. 4 "Toll road conversion." The inclusion within the turnpike 5 system and the imposition of tolls on the system of a highway 6 that is presently toll free. 7 "Turnpikes." Any of the following: 8 (1) The turnpike, turnpike extensions and turnpike 9 improvements. 10 (2) Toll-free roads to be converted to toll roads under 11 this chapter. 12 (3) Related storm water management systems, tunnels and 13 bridges, property rights, easements and franchises deemed 14 necessary or convenient for the construction or the operation 15 of the turnpike, turnpike extension, turnpike improvement and 16 toll-free roads. 17 "Vehicle." The term as it is defined under 75 Pa.C.S. § 102 18 (relating to definitions). 19 "Violation enforcement system." A vehicle sensor, placed in 20 a location to work in conjunction with a toll collection 21 facility, which automatically produces a videotape or 22 photograph, microphotograph or other recorded image of the rear 23 portion of each vehicle at the time the vehicle is used or 24 operated in violation of the toll collection regulations. The 25 term includes any other technology which identifies a vehicle by 26 photographic, electronic or other method. 27 § 8103. (Reserved). 28 § 8104. Status of turnpike revenue bonds, notes or other 29 obligations. 30 (a) General rule.--The turnpike revenue bonds, notes or 20070H1590B2170 - 117 -
1 other obligations issued under the provisions of this chapter 2 shall not be deemed to be a debt of the Commonwealth or a pledge 3 of the faith and credit of the Commonwealth, but bonds, notes or 4 other obligations shall be payable solely from the revenues of 5 the commission, including tolls, or from funds as may be 6 available to the commission for that purpose. 7 (b) Statement required.--All bonds, notes or other 8 obligations shall contain a statement on their face that the 9 Commonwealth is not obligated to pay the same or the interest 10 thereon except from revenues of the commission, including tolls, 11 or from funds as may be available to the commission for that 12 purpose and that the faith and credit of the Commonwealth is not 13 pledged to the payment of the principal or interest of the 14 bonds, notes or other obligations. 15 (c) Pledge of Commonwealth prohibited.--The issuance of 16 turnpike revenue bonds, notes or other obligations under the 17 provisions of this chapter shall not directly or indirectly or 18 contingently obligate the Commonwealth to levy or to pledge any 19 form of taxation or to make any appropriation for their payment. 20 § 8105. Commission. 21 (a) Members.-- 22 (1) Notwithstanding any other law to the contrary, 23 vacancies in the membership of the commission on or after the 24 effective date of this subsection shall be filled as follows: 25 (i) The first vacancy shall be filled by a member to 26 be appointed by the Majority Leader of the Senate. 27 (ii) The second vacancy shall be filled by a member 28 to be appointed by the Minority Leader of the Senate. 29 (iii) The succeeding two vacancies shall be filled 30 by members to be appointed by the Governor. 20070H1590B2170 - 118 -
1 (2) Paragraph (1) shall apply to a vacancy on the 2 commission which has occurred for any reason, but only as to 3 a member serving on the effective date of this subsection. 4 (3) Notwithstanding any other law to the contrary, the 5 Majority Leader of the House of Representatives and the 6 Minority Leader of the House of Representatives shall each 7 appoint one additional member to serve on the commission. 8 (4) A vacancy occurring during the term of a member 9 appointed in accordance with this subsection shall be filled 10 in a like manner only for the unexpired appointive term of 11 the member whose office has become vacant. 12 (5) Members appointed under the provisions of this 13 subsection shall serve for a term of four years. Upon the 14 expiration of this term, an appointed member may continue to 15 hold office for 90 days or until a successor shall be duly 16 appointed and qualified, whichever period is shorter, but 17 shall not continue to hold office thereafter unless 18 reappointed in accordance with law. 19 (6) Vacancies filled under paragraph (1) and subsequent 20 appointments made to the commission shall be without the 21 advice and consent of the Senate. 22 (a.1) Advisory committee.-- 23 (1) There is hereby established a Pennsylvania Turnpike 24 Advisory Committee, which shall be composed of the following 25 members: 26 (i) The Secretary of Community and Economic 27 Development. 28 (ii) The Secretary of Revenue. 29 (iii) The State Treasurer. 30 (iv) The chairman and minority chairman of the 20070H1590B2170 - 119 -
1 Transportation Committee of the Senate. 2 (v) The chairman and minority chairman of the 3 Transportation Committee of the House of Representatives. 4 (vi) Eight members of the public representing the 5 area of concern specified who shall have extensive 6 experience and knowledge of transportation activities 7 throughout this Commonwealth to be appointed by the 8 Governor as follows: 9 (A) Two representatives of the engineering 10 community who are licensed and registered pursuant to 11 the act of May 23, 1945 (P.L.913, No.367), known as 12 the Engineer, Land Surveyor and Geologist 13 Registration Law. 14 (B) Two representatives from the highway 15 construction industry who have at least five years of 16 highway construction and planning experience. 17 (C) Two representatives from organized labor 18 unions. 19 (D) One member who shall be a certified public 20 accountant. 21 (E) One member from the general public with at 22 least five years of experience in transportation 23 finance and infrastructure. 24 (2) Each of the members of the committee may designate a 25 representative to serve in his stead. A member who designates 26 a representative shall notify the chairman in writing of the 27 designation. 28 (3) The term of all members of the committee appointed 29 by the Governor shall be for three years. Any member of the 30 committee may be reappointed for no more than two full 20070H1590B2170 - 120 -
1 successive terms. Any person appointed to fill a vacancy 2 occurring prior to the expiration of the term to which his 3 predecessor was appointed shall serve only for the unexpired 4 term. Each member shall serve until the appointment of a 5 successor. 6 (4) (i) The committee shall meet at least four times 7 every 12 months, but may hold such additional meetings as 8 are called by the chairman. The chairman shall provide 9 notice at least 14 days in advance for regular meetings 10 and provide a minimum of three days' notice for special 11 meetings. A majority of the appointed members shall 12 constitute a quorum for the conduct of business. 13 (ii) Minutes of meetings shall be prepared by the 14 secretary and filed with the committee and distributed to 15 all members. All records shall be a matter of public 16 record. 17 (iii) The public members of the committee shall be 18 allowed reasonable per diem expenses as established and 19 paid for by the commission. The commission shall provide 20 appropriate staff support to enable the committee to 21 properly carry out its functions. 22 (5) The committee shall have the power and duty to 23 consult and advise the Pennsylvania Turnpike Commission in 24 assisting in developing, operating and financing tolled 25 interstate systems within this Commonwealth in a timely, 26 efficient and cost-effective manner. Specifically, the 27 committee shall have the authority to conduct a study on the 28 feasibility of instituting toll collections on major 29 interstates that pass through the State. 30 (6) The committee shall submit an annual report of its 20070H1590B2170 - 121 -
1 deliberations and conclusions to the Governor and members of 2 the General Assembly by November 30 of each year. 3 (7) The Governor shall appoint one member of the 4 committee as chairperson. The members of the committee shall 5 annually elect a vice chairperson, a secretary and a 6 treasurer from among the members appointed to the committee. 7 (b) Secretary of Transportation.--The provisions of 8 subsection (a.1) shall not apply to the appointment of the 9 secretary who shall continue to be appointed and to serve as a 10 member of the commission ex officio in accordance with law. 11 (c) Chairman.--A majority of the members of the commission 12 shall elect a member of the commission to serve as chairman. 13 Upon the appointment and qualification of any new member to 14 serve on the commission, the office of chairman, and the 15 positions of all other officers created by law, shall be deemed 16 vacant and a new chairman and other officers shall be elected by 17 a majority of the members of the commission. 18 (d) Actions by the commission.--Notwithstanding any other 19 law, court decision, precedent or practice to the contrary, any 20 and all actions by or on behalf of the commission shall be taken 21 solely upon the approval of a majority of the members to the 22 commission. A majority of the members of the commission shall 23 mean five members of the commission. The term "actions by or on 24 behalf of the commission" means any action whatsoever of the 25 commission, including, but not limited to, the hiring, 26 appointment, removal, transfer, promotion or demotion of any 27 officers and employees; the retention, use or remuneration of 28 any advisors, counsel, auditors, architects, engineers or 29 consultants; the initiation of any legal action; the making of 30 any contracts, leases, agreements, bonds, notes or covenants; 20070H1590B2170 - 122 -
1 the approval of requisitions, purchase orders, investments and 2 reinvestments; and the adoption, amendment, revision or 3 rescission of any rules and regulations, orders or other 4 directives. The chairman, vice chairman or any other officer or 5 employee of the commission may take no action by or on behalf of 6 the commission except as expressly authorized by a majority of 7 the members of the commission. 8 (e) Compensation.--The annual salary of the Chairman of the 9 Pennsylvania Turnpike Commission shall be $28,500, and the 10 annual salary of the remaining members of the Pennsylvania 11 Turnpike Commission shall be $26,000. These salaries shall be 12 paid in equal installments every other week. 13 § 8106. Exercise of commission powers. 14 The exercise by the commission of the powers conferred by 15 this chapter in the construction, operation and maintenance of 16 the turnpikes and in effecting toll road conversions shall be 17 deemed and held to be an essential governmental function of the 18 Commonwealth. 19 § 8107. Commission powers and duties. 20 (a) Powers and duties of commission.--The commission may: 21 (1) Maintain a principal office at a place designated by 22 the commission. 23 (2) Contract and be contracted within its own name. 24 (3) Sue and be sued in its own name, plead and be 25 impleaded. Any civil action against the commission shall be 26 brought only in the courts in which actions may be brought 27 against the Commonwealth. 28 (4) Have an official seal. 29 (5) Make necessary rules and regulations for its own 30 government and in control of traffic. 20070H1590B2170 - 123 -
1 (6) Acquire, hold, accept, own, use, hire, lease, 2 exchange, operate and dispose of personal property, real 3 property and interests in real property and make and enter 4 into all contracts and agreements necessary or incidental to 5 the performance of its duties and the execution of its powers 6 under this chapter and employ engineering, traffic, 7 architectural and construction experts and inspectors, 8 attorneys and other employees as may in its judgment be 9 necessary and fix their compensation. 10 (7) (i) Provide grade separations at its own expense 11 with respect to all public roads, State highways and 12 interstate highways intersected by the turnpikes and to 13 change and adjust the lines and grades thereof so as to 14 accommodate the same to the design for grade separation. 15 (ii) The damages incurred in changing and adjusting 16 the lines and grades of public roads, State highways and 17 interstate highways shall be ascertained and paid by the 18 commission in accordance with 26 Pa.C.S. (relating to 19 eminent domain). 20 (iii) If the commission shall find it necessary to 21 provide a grade separation or change the site of any 22 portion of any interstate highway, State highway or 23 public road, or vacate the same, the commission shall 24 cause it to be reconstructed and restored at the 25 commission's expense on the most favorable location and 26 in as satisfactory a manner as the original road or 27 vacate it as the case may be. 28 (iv) The method of acquiring the right-of-way and 29 determining damages incurred in changing the location of 30 or vacating the road, State highway or interstate highway 20070H1590B2170 - 124 -
1 shall be ascertained and paid for in accordance with 26 2 Pa.C.S. 3 (8) Petition the court of common pleas of the county in 4 which any public road or part thereof is located and affected 5 by the location of the turnpikes, for the vacation, 6 relocation or supply of the same or any part thereof with the 7 same force and effect as is now given by existing laws to the 8 inhabitants of any township or the county, and the 9 proceedings upon petition, whether for the appointment of 10 viewers or otherwise, shall be the same as provided by 11 existing law for similar proceedings upon the petitions. 12 (9) Have all of the powers and perform all the duties 13 prescribed by the act of May 21, 1937 (P.L.774, No.211), 14 referred to as the Pennsylvania Turnpike Commission Act. 15 (b) Maintenance to be paid out of tolls.-- 16 (1) The turnpike extensions and improvements and the 17 conversion of toll-free roads to toll roads when completed 18 and open to traffic shall be maintained and repaired by and 19 under the control of the commission. 20 (2) All charges and costs for the maintenance and 21 repairs actually expended by the commission shall be paid out 22 of tolls. 23 (3) The turnpike, the turnpike extensions and 24 improvements and the toll-free roads converted to toll roads 25 shall also be policed and operated by a force of police, toll 26 takers and other operating employees as the commission may in 27 its discretion employ. 28 § 8108. Expenses and bonding of commission members. 29 (a) Payment of expenses.--All compensation and salaries and 30 all expenses incurred in carrying out the provisions of this 20070H1590B2170 - 125 -
1 chapter shall be paid solely from funds provided under the 2 authority of this chapter, and no liability or obligation shall 3 be incurred under this chapter beyond the extent to which money 4 shall have been provided under the authority of this chapter. 5 (b) No additional bond required.--The issuance of any 6 turnpike revenue bonds, notes or other obligations under the 7 provisions of this chapter shall not cause any member of the 8 commission to be required to execute a bond that a member of the 9 commission is not otherwise required to execute. 10 § 8109. Acquisition of property rights by commission. 11 (a) Condemnation.--The commission may condemn, pursuant to 12 26 Pa.C.S. (relating to eminent domain), any lands, interests in 13 lands, property rights, rights-of-way, franchises, easements and 14 other property deemed necessary or convenient for the 15 construction and efficient operation of the turnpikes and the 16 toll road conversions or necessary in the restoration or 17 relocation of public or private property damaged or destroyed. 18 (b) Purchase.-- 19 (1) The commission may acquire by purchase, whenever it 20 shall deem the purchase expedient, or otherwise accept if 21 dedicated to it, any lands, interests in lands, property 22 rights, rights-of-way, franchises, easements and other 23 property deemed necessary or convenient for the construction 24 and efficient operation of the turnpikes and toll road 25 conversions or necessary in the restoration of public or 26 private property damaged or destroyed, whether the property 27 has been previously condemned or otherwise, upon terms and at 28 a price as may be considered by the commission to be 29 reasonable and can be agreed upon between the commission and 30 the owner thereof and to take title thereto in the name of 20070H1590B2170 - 126 -
1 the commission. 2 (2) The net proceeds of the purchase price payable to a 3 municipality or the department for any real property or 4 interest therein obtained by the commission pursuant to this 5 chapter, less the cost of retiring any bonded indebtedness on 6 the property or interest, shall be used exclusively, in the 7 case of a municipality, for road-related and bridge-related 8 expenses and, in the case of the department, for highway and 9 bridge construction, reconstruction and maintenance in the 10 same engineering and maintenance district in which the 11 property is located. 12 § 8110. Procedural requirements of acquisition. 13 (a) Title.--Title to any property condemned by the 14 commission shall be taken in the name of the commission. 15 (b) Entry.-- 16 (1) In addition to any others powers set forth in this 17 chapter, the commission and its authorized agents and 18 employees may enter upon any lands, waters and premises in 19 this Commonwealth for the purpose of making surveys, 20 soundings, drillings and examinations, as it may deem 21 necessary or convenient for the purpose of this chapter. 22 (2) The entry shall not be deemed a trespass, nor shall 23 an entry for the purposes be deemed an entry under any 24 condemnation proceedings which may be then pending. 25 (3) The commission shall make reimbursement for any 26 actual damages resulting to the lands, waters and premises as 27 a result of the activities. 28 (c) Restoration of property.--Any public or private property 29 damaged or destroyed in carrying out the powers granted by this 30 chapter shall be restored or repaired and placed in its original 20070H1590B2170 - 127 -
1 condition as nearly as practicable or adequate compensation made 2 for the property out of funds provided under the authority of 3 this chapter. 4 (d) Powers of public bodies.--Notwithstanding any other 5 provision of law to the contrary, a political subdivision and a 6 public agency and commission of the Commonwealth may lease, 7 lend, dedicate, grant, convey or otherwise transfer to the 8 commission, upon its request, upon terms and conditions as the 9 proper authorities of the political subdivisions or public 10 agencies and commissions of the Commonwealth may deem reasonable 11 and fair and without the necessity for any advertisement, order 12 of court or other action or formality, other than the regular 13 and formal action of the authorities concerned, any real 14 property which may be necessary or convenient to the 15 effectuation of the authorized purposes of the commission, 16 including public roads and other real property already devoted 17 to public use. 18 § 8111. Entry and possession of property condemned. 19 Whenever the commission has condemned any lands, rights, 20 rights-of-way, easements and franchises, or interests therein, 21 as provided in this chapter, the commission may proceed to 22 obtain possession in the manner provided by 26 Pa.C.S. (relating 23 to the eminent domain). 24 § 8112. Issuance of turnpike revenue bonds or other 25 obligations. 26 (a) Authorization.-- 27 (1) A bond must be authorized by resolution of the 28 commission. The resolution may specify all of the following: 29 (i) Series. 30 (ii) Date of maturity not exceeding 40 years from 20070H1590B2170 - 128 -
1 date of issue. 2 (iii) Interest. 3 (iv) Denomination. 4 (v) Form, either coupon or fully registered without 5 coupons. 6 (vi) Registration, exchangeability and 7 interchangeability privileges. 8 (vii) Medium of payment and place of payment. 9 (viii) Terms of redemption not exceeding 105% of the 10 principal amount of the bond. 11 (ix) Priorities in the revenues or receipts of the 12 commission. 13 (2) A bond must be signed by or shall bear the facsimile 14 signature of such officers as the commission determines. 15 Coupon bonds must have attached interest coupons bearing the 16 facsimile signature of the treasurer of the commission as 17 prescribed in the authorizing resolution. A bond may be 18 issued and delivered notwithstanding that one or more of the 19 signing officers or the treasurer has ceased to be an officer 20 when the bond is actually delivered. A bond must be 21 authenticated by an authenticating agent, a fiscal agent or a 22 trustee, if required by the authorizing resolution. 23 (3) A bond may be sold at public or private sale for a 24 price determined by the commission. 25 (4) Pending the preparation of a definitive bond, 26 interim receipts or temporary bonds with or without coupons 27 may be issued to the purchaser and may contain terms and 28 conditions as the commission determines. 29 (b) Provisions.--A resolution authorizing a bond may contain 30 provisions which shall be part of the contract with the 20070H1590B2170 - 129 -
1 bondholder as to the following: 2 (1) Pledging the full faith and credit of the commission 3 but not of the Commonwealth or any political subdivision for 4 the bond or restricting the obligation of the commission to 5 all or any of the revenue of the commission from all or any 6 projects or properties. 7 (2) The construction, financing, improvement, operation, 8 extension, enlargement, maintenance and repair for the 9 payment of the costs of the turnpikes and the toll road 10 conversions, including the reconstruction of the converted 11 roads as provided for in this chapter and the repayment to 12 the Federal Treasury of any funds so required to be repaid 13 pursuant to any special legislation passed by the Congress of 14 the United States authorizing the conversion of toll-free 15 roads to toll roads, the financing for insurance reserves and 16 the duties of the commission with reference to these matters. 17 (3) Terms and provisions of the bond. 18 (4) Limitations on the purposes to which the proceeds of 19 the bond or other financing may be applied. 20 (5) Rate of tolls and other charges for use of the 21 facilities of or for the services rendered by the commission. 22 (6) The setting aside, regulation and disposition of 23 reserves and sinking funds. 24 (7) Limitations on the issuance of additional bonds. 25 (8) Terms and provisions of any deed of trust or 26 indenture securing the bond or under which any deed of trust 27 or indenture may be issued. 28 (9) Other additional agreements with the holder of the 29 bond. 30 (c) Deeds of trust.--The commission may enter into any deed 20070H1590B2170 - 130 -
1 of trust, indenture or other agreement with any bank or trust 2 company or other person in the United States having power to 3 enter into such an arrangement, including any Federal agency, as 4 security for a bond and may assign and pledge all or any of the 5 revenues or receipts of the commission under such deed, 6 indenture or agreement. The deed of trust, indenture or other 7 agreement may contain provisions as may be customary in such 8 instruments or as the commission may authorize, including 9 provisions as to the following: 10 (1) Construction, financing, improvement, operation, 11 maintenance and repair for the payment of the costs of the 12 turnpikes and the toll road conversions, including the 13 reconstruction of the converted roads as provided for in this 14 chapter and the repayment to the Federal Treasury of any 15 funds so required to be repaid pursuant to any special 16 legislation passed by the Congress of the United States 17 authorizing the conversion of toll-free roads to toll roads, 18 financing for insurance reserves and the duties of the 19 commission with reference to these matters. 20 (2) Application of funds and the safeguarding of funds 21 on hand or on deposit. 22 (3) Rights and remedies of trustees and bondholders, 23 including restrictions upon the individual right of action of 24 a bondholder. 25 (4) Terms and provisions of the bond or the resolution 26 authorizing the issuance of the bond. 27 (d) Negotiability.--A bond shall have all the qualities of 28 negotiable instruments under 13 Pa.C.S. Div. 3 (relating to 29 negotiable instruments). 30 § 8113. Obligation proceeds restricted and lien created. 20070H1590B2170 - 131 -
1 All money received from any bonds, notes or other obligations 2 issued under this chapter shall be applied solely to the payment 3 of the cost of the turnpike, the turnpike extensions and 4 improvements and the toll road conversions, including the 5 reconstruction of the converted roads as provided for in this 6 chapter and the repayment to the Federal Treasury of any funds 7 so required to be repaid pursuant to any special legislation 8 passed by the Congress of the United States authorizing the 9 conversion of toll-free roads to toll roads or to the 10 appurtenant fund. There is created and granted a lien upon the 11 money, until so applied, in favor of holders of the bonds, notes 12 or other obligations or the trustee provided for in this chapter 13 in respect of the bonds, notes or other obligations. 14 § 8114. Trust indenture authorized. 15 (a) Security for bonds.--In the discretion of the 16 commission, the bonds, notes or other obligations may be secured 17 by a trust indenture by and between the commission and a 18 corporate trustee, which may be any trust company or bank having 19 the powers of a trust company, within this Commonwealth. The 20 trust indenture may pledge or assign tolls and revenue to be 21 received but shall not convey or mortgage the Pennsylvania 22 Turnpike System, including the turnpikes and toll road 23 conversions provided for by this chapter. 24 (b) Rights of bondholders.--Either the resolution providing 25 for the issuance of the bonds, notes or other obligations or the 26 trust indenture may contain provisions for protecting and 27 enforcing the rights and remedies of the bondholders or holders 28 of notes or other obligations as may be reasonable and proper 29 and not in violation of law, including covenants setting forth 30 the duties of the commission in relation to the acquisition of 20070H1590B2170 - 132 -
1 properties and the construction, maintenance, operation and 2 repair and insurance of the turnpikes, and the custody, 3 safeguarding and application of all money. It shall be lawful 4 for any bank or trust company incorporated under the laws of 5 this Commonwealth to act as a depository of the proceeds of 6 bonds, notes or other obligations or revenues and to furnish the 7 indemnity bonds or to pledge the securities as may be required 8 by the commission. The trust indenture may set forth the rights 9 and remedies of the bondholders or holders of notes or other 10 obligations and of the trustee and may restrict the individual 11 right of action of bondholders or holders of notes or other 12 obligations as is customary in trust indentures securing bonds, 13 debentures of corporations, notes or other obligations. In 14 addition to the foregoing, the trust indenture may contain other 15 provisions as the commission may deem reasonable and proper for 16 the security of bondholders or holders of notes or other 17 obligations. All expenses incurred in carrying out the trust 18 indenture may be treated as part of the cost of maintenance, 19 operation and repair of the turnpikes and toll road conversions 20 provided for by this chapter. 21 § 8115. Commission and obligations tax exempt. 22 The accomplishment by the commission of the authorized 23 purposes stated in this chapter being for the benefit of the 24 people of this Commonwealth and for the improvement of their 25 commerce and prosperity, in which accomplishment the commission 26 will be performing essential governmental functions, the 27 commission shall not be required to pay any taxes or assessments 28 on any property acquired or used by it for the purposes provided 29 in this chapter, and the bonds, notes or other obligations 30 issued by the commission, their transfer and the income 20070H1590B2170 - 133 -
1 therefrom, including any profits made on the sale thereof, shall 2 at all times be free from taxation within this Commonwealth. 3 § 8116. Collection and disposition of tolls and other revenue. 4 (a) Establishment and changes in toll amounts.--Subject to 5 the terms of any trust indenture entered into by the commission, 6 any resolution authorizing the issuance of any bonds, notes or 7 other obligations of the commission, the commission is 8 authorized: to fix and to revise tolls for the use of the 9 Pennsylvania Turnpike System and the different parts or sections 10 of the system, including the turnpike, the turnpike extensions 11 and improvements and the toll road conversions authorized by 12 this chapter: to charge and collect the tolls; to contract with 13 any person, partnership, association or corporation desiring the 14 use of any part thereof, including the right-of-way adjoining 15 the paved portion, for placing thereon telephone, telegraph, 16 electric light or power lines, gas stations, garages, stores, 17 hotels, restaurants and advertising signs, or for any other 18 purpose, except for tracks for railroad or railway use; and to 19 fix the terms, conditions, rents and rates of charges for use. 20 Tolls shall be fixed and adjusted as to provide funds at least 21 sufficient with other revenues of the Pennsylvania Turnpike 22 System, if any, to pay: 23 (1) the cost of constructing, maintaining, repairing and 24 operating the Pennsylvania Turnpike System and the different 25 parts and sections of the system; and 26 (2) any bonds, notes or other obligations and the 27 interest thereon of the commission, and all sinking fund 28 requirements of the commission, and other requirements 29 provided for by any resolution authorizing the issuance of 30 the bonds, notes or other obligations by the commission, or 20070H1590B2170 - 134 -
1 by any trust indenture to which the commission is a party, as 2 the same shall become due. 3 (b) Restrictions on toll revenue.--Tolls shall not be 4 subject to supervision or regulation by any other State 5 commission, board, bureau or agency. Subject to the terms of any 6 presently existing trust indenture entered into by the 7 commission and any presently existing resolution authorizing the 8 issuance of any bonds, notes or other obligations of the 9 commission, the tolls and all other revenue derived from the 10 Pennsylvania Turnpike System shall be set aside and pledged as 11 may be provided in any resolutions, trust indentures or any 12 other agreements that the commission may hereafter adopt or 13 hereafter enter into with respect to the issuance of bonds, 14 notes or other obligations of the commission. 15 § 8116.1. Electronic toll collection. 16 (a) Liability of owner.-- 17 (1) If an operator of a vehicle fails to pay the 18 prescribed toll at any location where tolls are collected by 19 means of electronic toll collection, the owner of the vehicle 20 shall be liable to the commission for failure of the operator 21 of the vehicle to comply with this section if the violation 22 is evidenced by information obtained from a violation 23 enforcement system. 24 (2) If a violation of this section is committed, the 25 registration plate number of the vehicle as recorded by a 26 violation enforcement system shall establish an inference 27 that the owner of the vehicle was then operating the vehicle. 28 The inference shall be overcome if the owner does all of the 29 following: 30 (i) Testifies that the owner was not operating the 20070H1590B2170 - 135 -
1 vehicle at the time of the violation. 2 (ii) Submits to an examination as to who at the time 3 was operating the vehicle. 4 (iii) Reveals the name and residence address, if 5 known, of the operator of the vehicle. 6 (3) If an action or proceeding is commenced in a county 7 other than that of the residence of the owner, a verified 8 written statement setting forth the facts prescribed under 9 paragraph (2)(i), (ii) and (iii) shall suffice to overcome 10 the inference. 11 (4) If the inference is overcome, the operator of the 12 vehicle may be held liable under this section for failure to 13 pay the prescribed toll in the same manner as if the operator 14 were the owner of the vehicle. 15 (b) Imposition of liability.--Liability under this section 16 shall be imposed upon an owner for a violation of this section 17 or the regulations of the commission occurring within the 18 territorial limits of this Commonwealth. If a violation is 19 committed as evidenced by a violation enforcement system, the 20 following shall apply: 21 (1) The commission or an authorized agent or employee 22 must prepare and mail a notice of violation as follows: 23 (i) The notice of violation must be sent by first 24 class mail to each person alleged to be liable as an 25 owner for a violation of this section. 26 (ii) The notice must be mailed at the address shown 27 on the vehicle registration or at the address of the 28 operator, as applicable. Notice must be mailed no later 29 than 60 days after: 30 (A) the alleged conduct; or 20070H1590B2170 - 136 -
1 (B) the date the inference is overcome under 2 subsection (a)(2). 3 (iii) Personal service is not required. 4 (iv) The notice must contain all of the following: 5 (A) Information advising the person charged of 6 the manner and time in which the liability alleged in 7 the notice may be contested. 8 (B) A warning advising the person charged that 9 failure to contest in the manner and time provided 10 shall be deemed an admission of liability and that a 11 default judgment may be entered on the notice. 12 (1.1) A manual or automatic record of mailing prepared 13 in the ordinary course of business shall be prima facie 14 evidence of the mailing of notice. 15 (2) If an owner of a vehicle or an owner that is a 16 lessor of a vehicle receives a notice of violation under this 17 section for any time period during which the vehicle was 18 reported to a police department as having been stolen, it 19 shall be a defense to the allegation of liability that the 20 vehicle had been reported to the police as having been stolen 21 prior to the time the violation occurred and that the vehicle 22 had not been recovered by the time of the violation. For 23 purposes of asserting the defense under this paragraph, it 24 shall be sufficient that a certified copy of the police 25 report on the stolen vehicle be sent by first class mail to 26 the commission within 30 days after receiving the original 27 notice of violation. Failure to send the information within 28 the time limit under this paragraph shall render the owner or 29 lessor liable for the penalty prescribed by this section. 30 (3) An owner that is a lessor of a vehicle as to which a 20070H1590B2170 - 137 -
1 notice of violation was issued under paragraph (1) shall not 2 be liable for a violation if the owner sends to the 3 commission a copy of the rental, lease or other contract 4 document covering the vehicle on the date of the violation, 5 with the name and address of the lessee clearly legible to 6 the commission, within 30 days after receiving the original 7 notice of violation. Failure to send the information within 8 the time limit under this paragraph shall render the lessor 9 liable for the penalty prescribed by this section. If the 10 lessor complies with the provisions of this section, the 11 lessee of the vehicle on the date of the violation shall be 12 deemed to be the owner of the vehicle for purposes of this 13 section and shall be subject to liability for the penalty 14 under this section. 15 (4) A certified report or a facsimile report of an 16 authorized agent or employee of the commission reporting a 17 violation of this section or regulations of the commission 18 based upon the recorded information obtained from a violation 19 enforcement system shall be prima facie evidence of the facts 20 contained in the report and shall be admissible as an 21 official record kept in the ordinary course of business in 22 any proceeding charging a violation of this section or the 23 toll collection regulations of the commission. 24 (5) Notwithstanding any other provision of law, 25 videotapes, photographs, microphotographs, other recorded 26 images, written records, reports or facsimiles prepared 27 pursuant to this section shall be for the exclusive use of 28 the commission, its authorized agents, its employees and law 29 enforcement officials for the purpose of discharging duties 30 under this section and the regulations of the commission. The 20070H1590B2170 - 138 -
1 information shall not be deemed a public record under the act 2 of June 21, 1957 (P.L.390, No.212), referred to as the Right- 3 to-Know Law. The information shall not be discoverable by 4 court order or otherwise; nor shall it be offered in evidence 5 in any action or proceeding which is not directly related to 6 a violation of this section, the regulations of the 7 commission or indemnification for liability imposed pursuant 8 to this section. The restrictions set forth in this 9 paragraph: 10 (i) shall not be deemed to preclude a court of 11 competent jurisdiction from issuing an order directing 12 that the information be provided to law enforcement 13 officials if the information is reasonably described and 14 is requested solely in connection with a criminal law 15 enforcement action; 16 (ii) shall not be deemed to preclude the exchange of 17 the information between any entities with jurisdiction 18 over or which operate an electronic toll collection 19 system in this Commonwealth or any other jurisdiction; 20 and 21 (iii) shall not be deemed to prohibit the use of 22 information exclusively for the purpose of billing 23 electronic toll collection account holders, deducting 24 toll charges from the account of an account holder, 25 enforcing toll collection laws and related regulations or 26 enforcing the provisions of an account holder agreement. 27 (6) An imposition of liability under this section must 28 be based upon a preponderance of evidence. 29 (7) An imposition of liability pursuant to this section 30 shall not be deemed a conviction of an owner and shall not be 20070H1590B2170 - 139 -
1 made part of the motor vehicle operating record of the person 2 upon whom the liability is imposed, nor shall it be 3 considered in the provision of motor vehicle insurance 4 coverage. 5 (8) An owner that admits, is found liable or fails to 6 respond to the notice of violation for a violation of this 7 section shall be civilly liable to the commission for all of 8 the following: 9 (i) Either: 10 (A) the amount of the toll evaded or attempted 11 to be evaded if the amount can be determined; or 12 (B) the maximum toll from the farthest point of 13 entry on the Pennsylvania Turnpike to the actual 14 point of exit if the amount of the toll evaded or 15 attempted to be evaded cannot be determined. 16 (ii) A reasonable administrative fee not to exceed 17 $35 per notification. 18 (9) Nothing in this section shall be construed to limit 19 the liability of the operator of a vehicle for a violation of 20 this section or of the regulations of the commission. 21 (c) Placement of electronic toll collection device.--An 22 electronic toll collection device which is affixed to the front 23 windshield of a vehicle in accordance with the regulations of 24 the commission shall not be deemed to constitute a violation of 25 75 Pa.C.S. § 4524 (relating to windshield obstructions and 26 wipers). 27 (d) Privacy of electronic toll collection account holder 28 information.-- 29 (1) Except as set forth paragraph (2), notwithstanding 30 any other provision of law, all of the following apply to 20070H1590B2170 - 140 -
1 information kept by the commission, its authorized agents or 2 its employees which is related to the account of an 3 electronic toll collection system account holder: 4 (i) The information shall be for the exclusive use 5 of the commission, its authorized agents, its employees 6 and law enforcement officials for the purpose of 7 discharging their duties pursuant to this section and the 8 regulations of the commission. This subparagraph includes 9 names, addresses, account numbers, account balances, 10 personal financial information, vehicle movement records 11 and other information compiled from transactions with the 12 account holders. 13 (ii) The information shall not be deemed a public 14 record under the Right-to-Know Law, nor shall it be 15 discoverable by court order or otherwise or be offered in 16 evidence in any action or proceeding which is not 17 directly related to the discharge of duties under this 18 section, the regulations of the commission or a violation 19 of an account holder agreement. 20 (2) Paragraph (1) shall not be deemed to do any of the 21 following: 22 (i) Preclude a court of competent jurisdiction from 23 issuing an order directing that the information be 24 provided to law enforcement officials if the information 25 is reasonably described and is requested solely in 26 connection with a criminal law enforcement action. 27 (ii) Preclude the exchange of the information 28 between any entities with jurisdiction over or which 29 operate an electronic toll collection system in this 30 Commonwealth or any other jurisdiction. 20070H1590B2170 - 141 -
1 (iii) Prohibit the use of the information 2 exclusively for the purpose of billing electronic toll 3 collection account holders, deducting toll charges from 4 the account of an account holder, enforcing toll 5 collection laws and related regulations or enforcing the 6 provisions of an account holder agreement. 7 (e) Definition.--As used in this section, the term "owner" 8 means any person, corporation, firm, partnership, agency, 9 association, organization or lessor that, at the time a vehicle 10 is operated in violation of this section or regulations of the 11 commission: 12 (1) is the beneficial or equitable owner of the vehicle; 13 (2) has title to the vehicle; or 14 (3) is the registrant or coregistrant of the vehicle 15 registered with the department or a comparable agency of 16 another jurisdiction or uses the vehicle in its vehicle 17 renting or leasing business. The term includes a person 18 entitled to the use and possession of a vehicle subject to a 19 security interest in another person. 20 § 8117. Refunding bonds. 21 The commission is authorized to provide, by resolution, for 22 the issuance of turnpike revenue refunding bonds for the purpose 23 of refunding issued and outstanding turnpike revenue bonds, 24 notes or other obligations. Applicable provisions of this 25 chapter govern all of the following: 26 (1) Issuance of the turnpike revenue refunding bonds. 27 (2) Maturities and other details of the refunding bonds. 28 (3) Rights of the holders of the bonds. 29 (4) Duties of the Commonwealth and of the commission in 30 respect to the bonds. 20070H1590B2170 - 142 -
1 § 8118. Rights of obligation holders and trustees. 2 (a) Scope.--This section applies to all of the following: 3 (1) A holder of: 4 (i) a bond, note or other obligation issued under 5 this chapter; or 6 (ii) a coupon attached to the bond, note or other 7 obligation. 8 (2) The trustee under an applicable trust indenture. 9 (b) Enforcement.--Subject to subsection (c), a person 10 referred to in subsection (a) may, by an action at law or in 11 equity, do all of the following: 12 (1) Protect and enforce rights granted under this 13 chapter or under the resolution or trust indenture. 14 (2) Enforce and compel performance of all duties 15 required by this chapter or by the resolution or trust 16 indenture to be performed by the commission or an officer of 17 the commission. This paragraph includes fixing, charging and 18 collecting of tolls for the use of the turnpikes. 19 (c) Restriction.--Rights under this chapter may be 20 restricted by resolution passed before the issuance of the bond, 21 note or other obligation or by the trust indenture. 22 § 8119. Authority granted to secretary. 23 (a) Agreement with Federal Government.-- 24 (1) The secretary is authorized to enter into an 25 agreement with the United States Department of 26 Transportation, the Federal Highway Administration and any 27 other Federal agency to obtain Federal funds for projects for 28 resurfacing, restoring and rehabilitating toll roads in this 29 Commonwealth. The commission is authorized to use Federal 30 funds which may be available for toll roads only upon 20070H1590B2170 - 143 -
1 approval of the secretary and only under the authority 2 granted under this section. 3 (2) (Reserved). 4 (b) Approval by department.--Contracts and agreements 5 relating to the construction of the turnpikes and connecting 6 tunnels and bridges must be approved by the department. 7 § 8120. Construction of chapter. 8 This chapter shall be regarded as supplemental and additional 9 to powers conferred by other statutes and shall not be regarded 10 as in derogation of any powers now existing and shall be 11 liberally construed to effect its purposes. 12 Section 2.3. Section 8901 of Title 75 is amended to read: 13 § 8901. Definitions. 14 The following words and phrases when used in this chapter 15 shall have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Annual additional rent." That portion of the rent payable 18 to the Department of Transportation under section 8915.3(5) 19 (relating to lease of Interstate 80). 20 "Annual base rent." That portion of the rent payable to the 21 Department of Transportation under section 8915.3(4) (relating 22 to lease of Interstate 80). 23 "Annual surplus rent." That portion of the rent payable to 24 the Department of Transportation under section 8915.3(6) 25 (relating to lease of Interstate 80). 26 "Auditor General's certificate." The certificate issued by 27 the Auditor General within 180 days after the end of each fiscal 28 year of the Pennsylvania Turnpike Commission certifying all of 29 the following: 30 (1) The amount of the general reserve fund surplus for 20070H1590B2170 - 144 -
1 the fiscal year. 2 (2) Interstate 80 savings for the fiscal year. 3 (3) After review of the commission's current ten-year 4 capital plan, that the transfer of the general reserve fund 5 surplus under section 8915.3 (relating to lease of Interstate 6 80) shall not impair the ability of the commission to meet 7 its obligations under the lease agreement or the commission's 8 ten-year capital plan. 9 "Commission." The Pennsylvania Turnpike Commission. 10 "Conversion date." The date the Pennsylvania Turnpike 11 Commission intends to assume control over Interstate 80 as set 12 forth in the conversion notice. 13 "Conversion notice." Written notice to the Secretary of 14 Transportation from the Pennsylvania Turnpike Commission 15 providing notice of its intent to assume control over Interstate 16 80 under section 8915.3(3) (relating to lease of Interstate 80). 17 "Conversion period." A period of three years: 18 (1) which begins on the date of execution of the lease 19 agreement; and 20 (2) during which the Pennsylvania Turnpike Commission 21 may give the Department of Transportation conversion notice 22 or notice that the commission has exercised its option to 23 extend the conversion period pursuant to section 8915.3(2) 24 (relating to lease of Interstate 80). 25 "Fiscal year." The fiscal year of the Pennsylvania Turnpike 26 Commission. 27 "General reserve fund surplus." The amount which: 28 (1) is certified by the Auditor General in the Auditor 29 General's certificate as existing in the Pennsylvania 30 Turnpike Commission's general reserve fund on the last day of 20070H1590B2170 - 145 -
1 the fiscal year; and 2 (2) is not required to be retained in the general 3 reserve fund pursuant to any financial documents, financial 4 covenants, insurance policies, liquidity policies or 5 agreements, swap agreements or rating agency requirements in 6 effect at the commission. 7 "Interstate 80 savings." An amount equal to the following: 8 (1) Prior to the conversion date, the amount shall be 9 zero. 10 (2) After the conversion date, the amount certified in 11 the Auditor General's certificate equal to $100,000,000, 12 increased by 4% for each year after the year of execution of 13 the lease agreement. 14 "Lease agreement." A lease agreement between the Department 15 of Transportation and the Pennsylvania Turnpike Commission which 16 shall include provisions setting forth the terms of the 17 conversion of Interstate 80 to a toll road. 18 "Scheduled annual commission contribution." The following 19 amounts: 20 (1) $700,000,000 in fiscal year 2007-2008. 21 (2) $750,000,000 in fiscal year 2008-2009. 22 (3) $800,000,000 in fiscal year 2009-2010. 23 (4) $800,000,000 increased by 2.5% for each fiscal year 24 after fiscal year 2009-2010. 25 Section 2.4. Section 8911 introductory paragraph of Title 75 26 is amended and the section is amended by adding a paragraph to 27 read: 28 § 8911. Improvement and extension authorizations. 29 In order to facilitate vehicular traffic within and across 30 this Commonwealth, the commission is hereby authorized and 20070H1590B2170 - 146 -
1 empowered to construct, reconstruct, widen, expand, extend, 2 operate and maintain turnpike extensions and turnpike 3 improvements at such specific locations and according to such 4 schedule as shall be deemed feasible and approved by the 5 commission, together with connecting roads, storm water 6 management systems, interchanges, slip ramps, tunnels and 7 bridges, subject to the waiver of the Federal toll prohibition 8 provisions where applicable, as follows: 9 * * * 10 (10) Other slip ramps and interchanges as the commission 11 may determine. 12 Section 2.5. Sections 8912 introductory paragraph, 8913, 13 8914 introductory paragraph and 8915 introductory paragraph of 14 Title 75 are amended to read: 15 § 8912. Subsequent extension authorizations. 16 The commission is also hereby authorized and empowered to 17 construct, reconstruct, widen, expand, extend, operate and 18 maintain further extensions and improvements of the turnpike at 19 such specific locations and according to such schedules as shall 20 be deemed feasible and which shall be approved by the 21 commission, subject to the waiver of the Federal toll 22 prohibition provisions where applicable, as follows: 23 * * * 24 § 8913. Additional subsequent extension authorizations. 25 Upon substantial completion of the turnpike extensions and 26 improvements set forth in sections 8911 (relating to improvement 27 and extension authorizations) and 8912 (relating to subsequent 28 extension authorizations), the commission is hereby authorized 29 and empowered to construct, reconstruct, widen, expand, extend, 30 operate and maintain further extensions and improvements of the 20070H1590B2170 - 147 -
1 turnpike at such specific locations and according to such 2 schedules as shall be deemed feasible and which shall be 3 approved by the commission, subject to the waiver of the Federal 4 toll prohibition provisions where applicable, as follows: 5 construct from a point at or near Interstate Route 80 6 Interchange 23 at Milesburg southwesterly generally along U.S. 7 Route 220 to a connection with the existing U.S. Route 220 8 Expressway south of Bald Eagle. 9 § 8914. Further subsequent authorizations. 10 Upon completion of the turnpike extensions and improvements 11 set forth in sections 8911 (relating to improvement and 12 extension authorizations), 8912 (relating to subsequent 13 extension authorizations) and 8913 (relating to additional 14 subsequent extension authorizations), the commission is hereby 15 authorized and empowered to construct, reconstruct, widen, 16 expand, extend, operate and maintain further extensions and 17 improvements of the turnpike at such specific locations and 18 according to such schedules as shall be deemed feasible and 19 which shall be approved by the commission, subject to the waiver 20 of the Federal toll prohibition provisions where applicable, as 21 follows: 22 * * * 23 § 8915. Conversion to toll roads. 24 In order to facilitate vehicular traffic within and across 25 this Commonwealth, and [after] to facilitate the completion of 26 the turnpike extensions and improvements authorized in section 27 8911 (relating to improvement and extension authorizations), and 28 subject to prior legislative approval by the General Assembly 29 and the United States Congress, the commission is hereby 30 authorized and empowered to convert to toll roads such portions 20070H1590B2170 - 148 -
1 of Pennsylvania's interstate highway system as may [be required 2 in order to] facilitate the completion of the turnpike 3 extensions and improvements authorized in sections 8912 4 (relating to subsequent extension authorizations), 8913 5 (relating to additional subsequent extension authorizations) and 6 8914 (relating to further subsequent authorizations) and to 7 operate and maintain such converted interstates as toll roads 8 upon the approval by the Congress of the United States of 9 America and the General Assembly of this Commonwealth of 10 legislation expressly permitting the conversion of such 11 interstates to toll roads. Such conversions shall take place at 12 a time and manner set forth in the plan for the conversion 13 prepared by the commission with the cooperation of the 14 department. The provisions authorizing the commission to 15 construct, operate and maintain the turnpike routes in sections 16 8911, 8912 and 8913 shall be subject to: 17 * * * 18 Section 2.6. Title 75 is amended by adding sections to read: 19 § 8915.1. Conversion of Interstate 80. 20 In order to facilitate vehicular traffic across this 21 Commonwealth, the commission is authorized and empowered to do 22 all of the following: 23 (1) Construct, reconstruct, widen, expand, extend, 24 operate, maintain and maintain and operate Interstate 80 from 25 a point at or near the Ohio border to a point at or near the 26 New Jersey border, together with connecting roads, 27 interchanges, slip ramps, tunnels and bridges. 28 (2) Issue turnpike revenue bonds, notes or other 29 obligations, payable solely from revenues of the commission, 30 including tolls, or from funds as may be available to the 20070H1590B2170 - 149 -
1 commission for that purpose, to pay the cost of construction, 2 reconstructing, widening, expanding or extending or any other 3 costs of the Pennsylvania Turnpike. 4 (3) Convert to a toll road Interstate 80 and to operate 5 and maintain the converted interstate as a toll road. 6 § 8915.2. Application to United States Department of 7 Transportation. 8 (a) Application.--The commission, in consultation with the 9 department and at its own expense, is authorized to prepare and 10 submit an application to the United States Department of 11 Transportation in accordance with 23 U.S.C. § 129 (relating to 12 toll roads, bridges, tunnels, and ferries) for the conversion of 13 Interstate 80 to a toll road under the Interstate Reconstruction 14 and Rehabilitation Pilot Program or in accordance with any other 15 applicable Federal program or provision of law. The secretary 16 shall ensure that all information required for the application 17 is made available to the commission as soon as practicable after 18 the effective date of this section. If the application is 19 submitted pursuant to the Interstate Reconstruction and 20 Rehabilitation Pilot Program, it shall contain all of the 21 following: 22 (1) A consulting civil engineer's report assessing the 23 current physical conditions of the roadbed, pavement, bridges 24 and interchanges and projecting the costs to upgrade 25 Interstate 80, the costs for additional improvements and 26 implementation of the tolling facilities and existing funds 27 available for Interstate 80, absent tolling and concluding 28 that the facility would not be maintained or improved to meet 29 current or future needs from the Commonwealth's 30 apportionments and allocations and from revenues for highways 20070H1590B2170 - 150 -
1 from any other source without toll revenues. 2 (2) A traffic and revenue report completed by a third- 3 party consultant forecasting future traffic and revenue over 4 a minimum of 20 years. 5 (3) An environmental scoping analysis assessing the 6 fiscal impact, any air and water quality issues and the 7 involvement of local metropolitan planning organizations. 8 (4) A construction and operational plan for the 9 implementation of the Toll Pilot Program for Interstate 80 10 which: 11 (i) assumes completion no later than five years 12 after financing; 13 (ii) includes a plan for implementing the imposition 14 of tolls on use of Interstate 80, a schedule and finance 15 plan for the reconstruction and rehabilitation of 16 Interstate 80 using toll revenues and a description of 17 the public transportation agency that will be responsible 18 for implementation and administration of the toll pilot 19 program. 20 (5) A financial analysis demonstrating that tolling 21 Interstate 80 will produce sufficient revenue to pay debt 22 service on any bonds and loans incurred with respect to the 23 Toll Pilot Program. 24 (b) Open system.--A toll system shall consist of what is 25 commonly referred to as an open system. 26 § 8915.3. Lease of Interstate 80. 27 The department and the commission shall enter into a lease 28 agreement relating to Interstate 80. The lease agreement shall 29 include provisions setting forth the terms and conditions of the 30 conversion of Interstate 80 to a toll road. The lease agreement, 20070H1590B2170 - 151 -
1 at a minimum, shall include the following: 2 (1) A provision that the term of the lease agreement 3 shall be 50 years, unless extended upon mutual agreement of 4 the parties to the lease agreement. 5 (2) A provision establishing a conversion period and 6 authorizing extension of the conversion period at the sole 7 option of the commission for three one-year extension periods 8 after consultation with the secretary. The commission shall 9 notify the secretary of its intent to extend the conversion 10 period not less than 90 days before the scheduled expiration 11 of the conversion period. During the conversion period, all 12 legal, financial and operational responsibility for 13 Interstate 80 shall remain with the department. All 14 operations and programmed rehabilitation shall be maintained 15 at levels no less favorable than those set forth in the 16 department's 12-year plan at the time of the execution of the 17 lease, with modifications as are approved in writing by the 18 chairman of the commission. 19 (3) A provision permitting the commission to exercise 20 its option to convert Interstate 80 to a toll road prior to 21 the expiration of the conversion period by providing the 22 conversion notice to the secretary. Beginning on the 23 conversion date, all legal, financial and operational 24 responsibility for Interstate 80, as well as all toll 25 revenues collected with respect to its use, shall be 26 transferred from the department to the commission. The 27 commission shall contract with the department for any portion 28 of the maintenance of Interstate 80 at cost levels no less 29 favorable than those of the department on the conversion 30 date. 20070H1590B2170 - 152 -
1 (4) A provision requiring the commission to pay annual 2 base rent to the department during the term of the lease 3 agreement in the following manner and equal to the following 4 amounts: 5 (i) Annual debt service on outstanding bonds issued 6 under section 9511.2 (relating to special revenue bonds 7 payable solely from pledged revenues of Motor License 8 Fund) payable as required pursuant to bonds. 9 (ii) $200,000,000 payable annually in four equal 10 installments each due the first business day of each 11 July, October, January and April. 12 (5) A provision requiring the commission to pay annual 13 additional rent to the department as follows: 14 (i) During the conversion period and after the 15 conversion of Interstate 80 to a toll road, the annual 16 additional rent shall be equal to the scheduled annual 17 commission contribution, minus any amounts paid under 18 paragraph (4) less the proceeds of bonds allocable to the 19 fiscal year in question issued under section 9511.2 and 20 any Interstate 80 savings for that fiscal year as set 21 forth in the Auditor General's certificate. 22 (ii) If conversion notice is not received by the 23 secretary prior to the expiration of the conversion 24 period, the annual additional rent shall be equal to 25 $250,000,000. 26 The annual additional rent provided under this paragraph is 27 deemed to be equal to the fair market value of Interstate 80 28 and shall be payable in four equal installments due the first 29 business day of each July, October, January and April of each 30 year during the term of the lease agreement. 20070H1590B2170 - 153 -
1 (6) A provision requiring the commission to pay, 2 commencing on the conversion date, annual surplus rent to the 3 department equal to the general reserve fund surplus payable 4 for each fiscal year from the conversion date until the end 5 of the term of the lease agreement. The surplus rent shall be 6 payable by the commission within 30 days of receipt by the 7 commission of the Auditor General's certificate. If the 8 conversion period expires before the conversion date, no 9 annual surplus rent shall be payable. 10 (7) A provision stating that the obligation of the 11 commission to pay the annual base rent, the annual additional 12 rent and annual surplus rent shall be a subordinate 13 obligation of the commission payable from amounts in the 14 general reserve fund of the commission only as permitted by 15 any financing documents, financial covenants, liquidity 16 policies or agreements, swap agreements or rating agency 17 requirements in effect at the commission. 18 (8) A provision authorizing the department to receive 19 the annual base rent, annual additional rent and annual 20 surplus rent, and to deposit amounts so received as follows, 21 to the degree permitted by applicable Federal laws and 22 regulations: 23 (i) proceeds of bonds issued under section 9511.2 24 shall be spent consistent with sections 9511.4(h) 25 (relating to special revenue bonds and preliminary or 26 interim financing) and 9511.5 (relating to application of 27 proceeds of obligations, lien of holders of obligations, 28 design-build requirement and projects approved by the 29 General Assembly); 30 (ii) be deposited in the Public Transportation Trust 20070H1590B2170 - 154 -
1 Fund as follows: 2 (A) $250,000,000 for fiscal year 2007-2008; 3 (B) $300,000,000 for fiscal year 2008-2009; 4 (C) $350,000,000 for fiscal year 2009-2010; and 5 (D) $400,000,000 for fiscal year 2010-2011 and 6 increased by 2.5% for each fiscal year thereafter; 7 and 8 (iii) any balance received from the department shall 9 be deposited in the Motor License Fund. For any year in 10 which there are no bond proceeds under this paragraph, 11 $5,000,000 of the money deposited shall be for county 12 roads and bridges and $30,000,000 of the money deposited 13 shall be for municipal roads and bridges to be allocated 14 under the act of June 1, 1956 (1955 P.L.1944, No.655), 15 referred to the Liquid Fuels Tax Municipal Allocation 16 Law. 17 § 8915.4. Other interstate highways. 18 In order to facilitate vehicular traffic across this 19 Commonwealth and pursuant to the authority granted under this 20 chapter, the commission is hereby authorized and empowered to: 21 (1) at its own expense and in consultation with the 22 department, prepare a consulting civil engineer report and 23 financial analysis with respect to the feasibility of 24 converting Interstate 95 to a toll road and operating and 25 maintaining the converted interstate as a toll road, upon 26 approval of the General Assembly and the United States 27 Department of Transportation; and 28 (2) at its own expense, and in consultation with the 29 department, prepare and submit an application to the United 30 States Department of Transportation for the conversion of 20070H1590B2170 - 155 -
1 Interstate 95 to a toll road pursuant to any Federal program 2 for which it may be eligible. 3 Section 3. Section 8916 of Title 75 is amended to read: 4 § 8916. Turnpike system. 5 The turnpikes and the future toll road conversions authorized 6 by this chapter are hereby or shall be made part of the 7 Pennsylvania Turnpike System, as provided in the act of August 8 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania 9 Turnpike System Financing Act. A Public-Public Partnership of 10 the Pennsylvania Turnpike System is integral to solving 11 transportation problems referred to in 74 Pa.C.S. § 13A01 12 (relating to declaration of policy). 13 Section 4. Title 75 is amended by adding a section to read: 14 § 9501. Definitions. 15 The following words and terms when used in this chapter shall 16 have the meanings given to them in this section, unless the 17 context clearly indicates otherwise: 18 "Bond-related expenses." The term shall include all of the 19 following: 20 (1) Printing, publication or advertising expenses with 21 respect to the sale and issuance of bonds. 22 (2) Fees, expenses and costs of registrars. 23 (3) Fees, expenses and costs of attorneys, accountants, 24 feasibility consultants, computer programmers or other 25 experts employed to aid in the sale and issuance of the 26 bonds. 27 (4) Other costs, fees and expenses incurred or 28 reasonably related to the issuance and sale of the bonds. 29 "Bond-related obligation." An agreement or contractual 30 relationship between the Pennsylvania Turnpike Commission and a 20070H1590B2170 - 156 -
1 bank, trust company, insurance company, swap counterparty, 2 surety bonding company, pension fund or other financial 3 institution providing increased credit on or security for the 4 bonds or liquidity for secondary market transactions. 5 "Commission." The Pennsylvania Turnpike Commission or any 6 successor organization. 7 "Cost of the department." 8 (1) Any of the following, which shall be reimbursed or 9 paid out of the proceeds of the special revenue bonds, notes 10 or other obligations authorized under this chapter: 11 (i) The cost of constructing, reconstructing, 12 widening, expanding or extending the State highway and 13 rural State highway system and all connecting roads, 14 tunnels and bridges. 15 (ii) The cost of all lands, property rights, rights- 16 of-way, easements and franchises acquired, which are 17 deemed necessary or convenient for the construction, 18 reconstruction, widening, expanding or extending under 19 subparagraph (i). 20 (iii) The cost of all machinery and equipment, 21 financing charges, interest prior to and during 22 construction and for one year after completion of 23 construction. 24 (iv) The cost of traffic estimates and of 25 engineering and legal expenses, plans, specifications, 26 surveys, estimates of cost and of revenues, other 27 expenses necessary or incident to determining the 28 feasibility or practicability of the enterprise, 29 administrative and legal expenses and other expenses as 30 may be necessary or incident to the financing authorized 20070H1590B2170 - 157 -
1 under this chapter, the construction, reconstruction, 2 widening, expanding or extending of the State highway and 3 the rural State highway system and connecting roads, 4 tunnels and bridges, the placing of the same in operation 5 and the condemnation of property necessary for 6 construction and operation. 7 (v) Any obligation or expense contracted for by the 8 Department of Transportation or with the United States or 9 any agency of the United States, for traffic surveys, 10 preparation of plans and specifications, supervision of 11 construction, and other engineering, administrative and 12 legal services and expenses in connection with the 13 construction, reconstruction, widening, expanding or 14 extending of the State highway and the rural State 15 highway system or any of the connecting roads, tunnels 16 and bridges. 17 (2) Payment of any notes or other obligations if the 18 notes or other obligations were issued for the payment of a 19 cost. 20 "Design build arrangement." A procurement or project 21 delivery arrangement whereby a single entity, which may be a 22 single contractor or a consortium comprised of multiple 23 contractors, engineers and other subconsultants, is responsible 24 for both the design and construction of a transportation project 25 with a guaranteed completion date and guaranteed maximum price. 26 "Owner." The term shall include all individuals, 27 copartnerships, associations or corporations having any title or 28 interest in any property rights, easements or franchises 29 authorized to be acquired by this chapter. 30 "Pledged revenues." Revenues of the Motor License Fund 20070H1590B2170 - 158 -
1 pledged to the Pennsylvania Turnpike Commission under sections 2 9010 (relating to disposition and use of tax), 9511(i) (relating 3 to allocation of proceeds) and 9511.11 (relating to Motor 4 License Fund proceeds) and amounts payable by the commission 5 under section 8915.3(4)(i) (relating to lease of Interstate 80). 6 "Rural State Highway System." All roads and highways taken 7 over by the Commonwealth as State highways under the provisions 8 of the act of June 22, 1931 (P.L.594, No.203), referred to as 9 the Township State Highway Law and all other roads and highways 10 specifically designated by the Secretary of Transportation as 11 Rural State Highways. 12 "State highway." All roads and highways taken over by the 13 Commonwealth as State highways under the provisions of any 14 statute. Unless clearly intended, the term shall not include any 15 street in any city, borough or incorporated town, even though 16 the same may have been taken over as a State highway. 17 Section 5. Title 75 is amended by adding sections to read: 18 § 9511.2. Special revenue bonds payable solely from pledged 19 revenues of Motor License Fund. 20 (a) Payment source.--A special revenue bond, note or other 21 obligation issued under this chapter: 22 (1) shall not be deemed to be a debt or liability of the 23 Commonwealth; 24 (2) shall not create or constitute any indebtedness, 25 liability or obligation of the Commonwealth; and 26 (3) shall be payable solely from revenues of the Motor 27 License Fund pledged to the commission for that purpose in 28 combination with amounts transferred under section 29 8915.3(4)(i) (relating to lease of Interstate 80). 30 (b) Statement.--A special revenue bond, note or other 20070H1590B2170 - 159 -
1 obligation issued under this chapter must contain a statement on 2 its face that: 3 (1) the Commonwealth is not obligated to pay the bond, 4 note or obligation or the interest on it except from revenues 5 of the Motor License Fund pledged for that purpose in 6 combination with amounts transferred under section 7 8915.3(4)(i); and 8 (2) neither the faith and credit nor the taxing power of 9 the Commonwealth is pledged to the payment of the principal 10 or interest of the bond, note or obligation. 11 (c) Taxation.--The issuance of a special revenue bond, note 12 or other obligation under this chapter shall not directly, 13 indirectly or contingently obligate the Commonwealth to levy a 14 tax or to make an appropriation for payment. 15 § 9511.3. Expenses. 16 (a) Reimbursement.--The commission shall be reimbursed for 17 the necessary expenses incurred in the performance of the duties 18 performed under the provisions of this chapter. 19 (b) Source.--All expenses incurred in carrying out the 20 provisions of this chapter shall be paid solely from funds 21 provided under the authority of this chapter, and sufficient 22 funds shall be provided under the authority of this chapter to 23 meet any liability or obligation incurred in carrying out the 24 provisions of this chapter. 25 § 9511.4. Special revenue bonds and preliminary or interim 26 financing. 27 (a) Authorization.--The commission is authorized to provide, 28 by resolution, for the issuance of special revenue bonds of the 29 commission up to an amount not exceeding $4,000,000,000 for the 30 purpose of paying the cost of the department and bond-related 20070H1590B2170 - 160 -
1 expenses. The resolution must recite an estimate of the cost of 2 the department. No more than $600,000,000 of special revenue 3 bonds may be issued in any calendar year. No bond may be issued 4 under this section unless the lease agreement authorized under 5 section 8915.3 (relating to lease of Interstate 80) is in effect 6 as of the date of issuance. Special revenue refunding bonds as 7 set forth in section 9511.9 (relating to special revenue 8 refunding bonds) shall not be deemed to count against the total 9 or annual maximum issuance volume. The principal and interest of 10 the bond shall be payable solely from revenues of the Motor 11 License Fund pledged for that purpose to the commission in 12 combination with the amounts transferred under section 13 8915.3(4)(i). 14 (b) Form.-- 15 (1) A bond may be issued in registered form. 16 (2) A bond: 17 (i) must be dated; 18 (ii) must bear interest at a rate not exceeding the 19 rate permitted under applicable law; 20 (iii) must be payable semiannually; 21 (iv) must mature, as determined by the commission, 22 not exceeding 40 years from the date of the bond; and 23 (v) may be made redeemable before maturity, at the 24 option of the commission, at a price and under terms and 25 conditions fixed by the commission prior to the issuance 26 of the bonds. 27 (3) The amount of premium on a bond shall not cause the 28 yield to be more than permitted by applicable law from the 29 date of the bond to the date of redemption. 30 (c) Issuance.-- 20070H1590B2170 - 161 -
1 (1) The bond may be issued in registered form. The 2 commission may sell a bond in registered form at public or 3 private sale and for a price it determines to be in the best 4 interest of the Commonwealth, but no sale shall be made at a 5 price so low as to require the payment of interest on the 6 money received for the bond at more than the rate permitted 7 by applicable law, computed with relation to the absolute 8 maturity of the bond in accordance with standard tables of 9 bond values. 10 (2) A bond may be issued at public or private sale in 11 series with varying provisions as to all of the following: 12 (i) Rates of interest, which may be fixed or 13 variable. 14 (ii) Maturity. 15 (iii) Other provisions not inconsistent with this 16 chapter. 17 (d) Revenue share.--All bonds, of whatever series, shall 18 share ratably in the revenues pledged under this chapter as 19 security for the bonds, although one series of bonds may have a 20 lien on pledged revenues senior to the lien of another series of 21 bonds. 22 (e) Payment.-- 23 (1) The principal and interest of the bonds may be made 24 payable in any lawful medium. 25 (2) The commission shall: 26 (i) determine the form of bonds; and 27 (ii) fix: 28 (A) the denomination of the bond; and 29 (B) the place of payment of principal and 30 interest of the bond, which may be at any bank or 20070H1590B2170 - 162 -
1 trust company within or without this Commonwealth. 2 (f) Signature.--The bond must bear the facsimile signature 3 of the Governor and of the chairman of the commission. The 4 facsimile of the official seal of the commission shall be 5 affixed to the bond and attested by the secretary and treasurer 6 of the commission. If an officer whose signature or facsimile of 7 a signature appears on a bond ceases to be an officer before the 8 delivery of the bond, the signature or facsimile shall 9 nevertheless be valid and sufficient for all purposes, as if the 10 officer remained in office until delivery. 11 (g) Negotiability.--A special revenue bond issued under this 12 chapter shall have all the qualities and incidents of a 13 negotiable instrument under 13 Pa.C.S. Div. 3 (relating to 14 negotiable instruments). 15 (h) Proceeds.-- 16 (1) The proceeds of a bond shall be used solely for the 17 following: 18 (i) Payment of the cost of the department. 19 (ii) Bond-related expenses. 20 (iii) $5,000,000 in the aggregate of the proceeds of 21 bonds issued in any fiscal year, other than a refunding 22 issue, shall be used for county roads and bridges and 23 $30,000,000 of the proceeds in the aggregate of the bonds 24 issued in any fiscal year, other than a refunding issue, 25 shall be used for local roads and bridges to be allocated 26 under the act of June 1, 1956 (1955 P.L.1944, No.655), 27 referred to as the Liquid Fuels Tax Municipal Allocation 28 Law. 29 (2) The proceeds of a bond shall be disbursed upon 30 requisition of the secretary under restrictions set forth in 20070H1590B2170 - 163 -
1 the resolution authorizing the issuance of the bond or the 2 trust indenture under section 9511.6 (relating to trust 3 indenture, protection of holders of obligations and 4 depositories). 5 (3) If the proceeds of a bond, by error of calculation 6 or otherwise, shall be less than the cost of the department, 7 additional bonds may be issued to provide the amount of the 8 deficit and, unless otherwise provided in the resolution 9 authorizing the issuance of the bonds or in the trust 10 indenture, shall be deemed to be of the same issue and shall 11 be entitled to payment from the same fund, without preference 12 or priority of the bonds first issued. 13 (i) Temporary bonds.--Prior to the preparation of definitive 14 bonds, the commission may, under similar restrictions as those 15 applicable to the definitive bonds, issue temporary bonds, 16 exchangeable for definitive bonds upon the issuance of 17 definitive bonds. 18 (j) Replacement bonds.--The commission may provide for the 19 replacement of a bond which becomes mutilated or is destroyed or 20 lost. A replacement revenue bond may be issued without any other 21 proceedings or the happening of any other condition than those 22 proceedings and conditions required by this chapter. 23 (k) Status as securities.-- 24 (1) A bond is made a security in which any of the 25 following may properly and legally invest funds, including 26 capital, belonging to them or within their control: 27 (i) Commonwealth and municipal officers. 28 (ii) Commonwealth agencies. 29 (iii) Banks, bankers, savings banks, trust 30 companies, saving and loan associations, investment 20070H1590B2170 - 164 -
1 companies and other persons carrying on a banking 2 business. 3 (iv) Insurance companies, insurance associations and 4 other persons carrying on an insurance business. 5 (v) Fiduciaries. 6 (vi) Other persons that are authorized to invest in 7 bonds or other obligations of the Commonwealth. 8 (2) A bond is made a security which may properly and 9 legally be deposited with and received by a Commonwealth or 10 municipal officer or a Commonwealth agency for any purpose 11 for which the deposit of bonds or other obligations of the 12 Commonwealth is authorized by law. 13 (l) Borrowing.--The following shall apply: 14 (1) The commission is authorized to do all of the 15 following: 16 (i) Borrow money at an interest rate not exceeding 17 the rate permitted by law. 18 (ii) Provide for preliminary or interim financing, 19 up to but not exceeding the estimated total cost of the 20 department and bond-related expenses and to evidence the 21 borrowing by the issuance of special revenue notes and, 22 in its discretion, to pledge as collateral for the note 23 or other obligation, a special revenue bond issued under 24 the provisions of this chapter. The commission may renew 25 the note or obligation and the payment or retirement of 26 the note or obligation shall be considered to be payment 27 of the cost of the project. 28 (2) A note or obligation issued under this subsection 29 must comply with the following: 30 (i) Be executed by the same persons in the same 20070H1590B2170 - 165 -
1 manner and with the same effect as provided in this 2 section for the execution of a special revenue bond. 3 (ii) Contain a statement on its face that: 4 (A) the Commonwealth is not obligated to pay the 5 note or obligation or interest on it, except from 6 pledged revenues of the Motor License Fund; and 7 (B) neither the faith and credit nor the taxing 8 power of the Commonwealth is pledged to the payment 9 of its principal or interest. 10 (3) The issuance of a special revenue note or other 11 obligation under this chapter shall not directly or 12 indirectly or contingently obligate the Commonwealth to levy 13 a tax or make an appropriation for payment. 14 (4) A note or other obligation issued under this 15 subsection shall have all the qualities and incidents of a 16 negotiable instrument under 13 Pa.C.S. (relating to 17 commercial code). 18 § 9511.5. Application of proceeds of obligations, lien of 19 holders of obligations, design-build requirement and 20 projects approved by General Assembly. 21 (a) Application.--The following shall apply: 22 (1) All money received from any bonds, notes or other 23 obligations issued under this chapter shall be applied solely 24 to the payment of the cost of the department or to the 25 appurtenant fund. 26 (2) Until money received from any bonds, notes or other 27 obligations issued under this chapter is applied under 28 paragraph (1), a lien shall exist upon the money in favor of 29 holders of the bonds, notes or other obligations or a trustee 30 provided for in respect to the bonds, notes or other 20070H1590B2170 - 166 -
1 obligations. 2 (b) Design-build arrangements.--To facilitate the timely 3 completion of projects to be financed by the department with 4 bond proceeds, the department shall be required to utilize 5 design-build arrangements for each project estimated by the 6 department to have a value in excess of $100,000,000. The 7 selection of the party for the design-build arrangement must be 8 conducted in a manner consistent with the procurement and public 9 bidding laws applicable to the department. 10 (c) Capital plan.--All projects financed by the department 11 with bond proceeds must be set forth in the department's capital 12 plan current at the time of the financing and budget which 13 capital plan and budget shall be submitted to the General 14 Assembly on or before March 31 of each year commencing March 31, 15 2008. 16 (d) Investment.--Pending the application of proceeds to 17 costs of the department and bond-related expenses, the 18 commission may invest the funds in permitted investments as 19 defined under any trust indenture if the investment is not 20 inconsistent with existing fiduciary obligations of the 21 commission. 22 § 9511.6. Trust indenture, protection of holders of obligations 23 and depositories. 24 (a) Indenture.--In the discretion of the commission, a bond, 25 note or other obligation may be secured by a trust indenture by 26 and between the commission and a corporate trustee, which may be 27 any trust company or bank having the powers of a trust company, 28 within or without this Commonwealth. 29 (b) Pledge or assignment.--A trust indenture under 30 subsection (a) may pledge or assign revenue to be received, but 20070H1590B2170 - 167 -
1 shall not convey or mortgage the turnpike or any part of the 2 turnpike. 3 (c) Rights and remedies.--The resolution providing for the 4 issuance of the bond, note or other obligation of the trust 5 indenture may contain provisions for protecting and enforcing 6 the rights and remedies of the bondholders or holders of notes 7 or other obligations as may be reasonable and proper and not in 8 violation of law, including covenants setting forth the duties 9 of the department in relation to the acquisition of properties, 10 the construction, maintenance, operation, repair and insurance 11 of the State highway and rural State highway system and the 12 custody, safeguarding and application of all money. 13 (d) Depository.--It shall be lawful for any bank or trust 14 company incorporated under the laws of this Commonwealth to act 15 as depository of the proceeds of the bond, note or other 16 obligation or revenue, to furnish indemnity bonds or to pledge 17 securities as may be required by the commission. 18 (e) Indenture.--The trust indenture may set forth the rights 19 and remedies of the bondholders or holders of notes or other 20 obligations and of the trustee and may restrict the individual 21 right of action of bondholders or holders of notes or other 22 obligations as is customary in trust indentures securing bonds, 23 debentures of corporations, notes or other obligations. The 24 trust indenture may contain other provisions as the commission 25 may deem reasonable and proper for the security of bondholders 26 or holders of notes or other obligations. 27 § 9511.7. Exemption from Commonwealth taxation. 28 The effectuation of the purposes of this chapter is for the 29 benefit of the citizens of the Commonwealth and for the 30 improvement of their commerce and prosperity. Since the 20070H1590B2170 - 168 -
1 commission will be performing essential government functions in 2 effectuating these purposes, the commission shall not be 3 required to pay any tax or assessment on any property acquired 4 or used by it for the purposes provided under this chapter. A 5 bond, note or other obligation issued by the commission, its 6 transfer and the income from its issuance and transfer, 7 including any profits made on the sale of the bond, note or 8 other obligation, shall be free from taxation within the 9 Commonwealth. 10 § 9511.8. Pledged revenues, contracts for use of turnpike, 11 sinking fund and purchase or redemption of 12 obligations. 13 (a) Authorization.--The commission is authorized to collect 14 the pledged revenues. The pledged revenues shall be fixed and 15 adjusted as to provide funds at least sufficient to pay the 16 bonds, notes or other obligations and the interest on the bonds, 17 notes or other obligations. All sinking fund requirements and 18 other requirements provided by the resolution authorizing the 19 issuance of the bonds, notes or other obligations, or by the 20 trust indenture, shall be fixed and adjusted as the bonds, notes 21 or other obligations become due. 22 (b) Supervision.--The pledged revenues shall not be subject 23 to supervision or regulation by any Commonwealth agency other 24 than the commission. 25 (c) Set aside.--Except for the portion of the pledged 26 revenues required to provide reserves as set forth in the 27 resolution authorizing the issuance of the bonds, notes or other 28 obligations or in the trust indenture, pledged revenues, to the 29 degree amounts transferred under section 8915.3(4)(i)(relating 30 to lease of Interstate 80) are not sufficient, shall be set 20070H1590B2170 - 169 -
1 aside at regular intervals as may be provided in the resolution 2 or trust indenture, in one or more accounts, which are pledged 3 to and charged with the payment of all of the following: 4 (1) The interest upon a bond, note or other obligation, 5 as it shall become due and payable. 6 (2) The principal of a bond, note or other obligation, 7 as it shall become due and payable. 8 (3) The necessary fiscal agency charges for paying 9 principal and interest. 10 (4) A premium upon a bond retired by call or purchase. 11 (d) Sinking fund.--The use and disposition of the sinking 12 fund shall be subject to regulations as may be provided in the 13 resolution authorizing the issuance of bonds, notes or other 14 obligations or in the trust indenture, but, except as may 15 otherwise be provided in the resolution or trust indenture, the 16 sinking fund shall be a fund for the benefit of all bonds, notes 17 or other obligations issued under this chapter, without 18 distinction or priority of one over another. 19 (e) Application of money.--Subject to the provisions of the 20 resolutions authorizing the issuance of bonds, notes or other 21 obligations or of the trust indenture, any money in the sinking 22 fund in excess of an amount equal to one year's interest on all 23 bonds, notes or other obligations then outstanding may be 24 applied to the purchase or redemption of bonds, notes or other 25 obligations. All bonds, notes or other obligations purchased or 26 redeemed under this subsection shall be canceled and shall not 27 again be issued. 28 § 9511.9. Special revenue refunding bonds. 29 The commission is authorized to provide, by resolution, for 30 the issuance of special revenue refunding bonds of the 20070H1590B2170 - 170 -
1 commission for the purpose of refunding any special revenue 2 bonds, notes or other obligations issued under the provisions of 3 this chapter and then outstanding. The issuance of the special 4 revenue refunding bonds, the maturities and other details of the 5 bonds, the rights of the holders of the bonds and the duties of 6 the department and of the commission with respect to the bonds 7 shall be governed by the provisions of this chapter. 8 § 9511.10. Remedies of trustees and of holders of obligations. 9 (a) Grant of rights.--A holder of a bond, note or other 10 obligation issued under this chapter and the trustee under the 11 trust indenture may, either at law or in equity, by suit, 12 action, mandamus or other proceeding, do all of the following: 13 (1) Protect and enforce any right granted under this 14 chapter or under the resolution or trust indenture. 15 (2) Enforce and compel performance of all duties 16 required under this chapter or by resolution or trust 17 indenture to be performed by the commission or any officer of 18 its officers, including the collection of the pledged 19 reserves or amounts transferred under section 8915.3(4)(i) 20 (relating to lease of Interstate 80). 21 (b) Exception.--Rights given under this chapter may be 22 restricted by resolution passed before the issuance of the 23 bonds, notes or other obligations, or by the trust indenture. 24 § 9511.11. Motor License Fund proceeds. 25 The balance of the proceeds deposited in the Motor License 26 Fund under section 20 of the act of April 17, 1997 (P.L.6, 27 No.3), entitled, "An act amending Titles 74 (Transportation) and 28 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further 29 providing for annual appropriation and computation of subsidy 30 and for distribution of funding; providing for distribution of 20070H1590B2170 - 171 -
1 supplemental funding; further providing for use of funds 2 distributed; providing for public transportation grants 3 management accountability, for competitive procurement and for 4 the Public Transportation Assistance Fund; further providing for 5 period of registration, for duties of agents, for registration 6 and other fees, for requirements for periodic inspection of 7 vehicles, for limits on number of towed vehicles, for operation 8 of certain combinations on interstate and other highways and for 9 width and length of vehicles; providing for liquid fuels and 10 fuels permits and bond or deposit of securities, for imposition 11 of liquid fuels and fuels tax, for taxpayer, for distributor's 12 report and payment of tax, for determination of tax, penalties 13 and interest, for examination of records and equipment, for 14 retention of records by distributors and dealers, for 15 disposition and use of tax, for discontinuance or transfer of 16 business, for suspension or revocation of permits, for lien of 17 taxes, penalties and interest, for collection of unpaid taxes, 18 for reports from common carriers, for violations and reward for 19 detection of violations, for refunds, for diesel fuel importers 20 and transporters, for prohibiting use of dyed diesel fuel, for 21 disposition of fees, fines and forfeitures, for certified copies 22 of records and for uncollectible checks; further providing for 23 distribution of State highway maintenance funds and for 24 standards and methodology for data collection; providing for 25 dirt and gravel road maintenance; further providing for 26 imposition of tax and additional tax; providing for tax on 27 alternative fuels; further providing for disposition of tax 28 revenue; making an appropriation; and making repeals," is 29 pledged to secure bonds issued by the commission. The proceeds 30 may be pledged to secure bonds to be issued by the commission on 20070H1590B2170 - 172 -
1 behalf of the department for the construction, reconstruction, 2 widening, expansion, extension, maintenance and repair of and 3 safety on bridges and costs and expenses incident to those tasks 4 and fees and expenses of the commission related to the issuance 5 of the bonds, including bond-related expenses. Each month, the 6 State Treasurer shall transfer amounts as are necessary, in 7 combination with amounts transferred under sections 8 8915.3(4)(i)(relating to lease of Interstate 80) and 9511 9 (relating to allocation of proceeds) to satisfy the provisions 10 of the bond indenture relating to bonds issued under this 11 section and those amounts are authorized to be appropriated. 12 § 9511.12. Supplement to other laws and liberal construction. 13 This chapter shall be regarded as supplemental and additional 14 to powers conferred by other statutes and shall not be regarded 15 as in derogation of any powers existing on the effective date of 16 this section. The provisions of this chapter, being necessary 17 for the welfare of the Commonwealth and its citizens shall be 18 liberally construed to effect the purposes of this chapter. 19 Section 6. (a) Financial assistance made by the Department 20 of Transportation to an award recipient under 74 Pa.C.S. Ch. 13 21 prior to the effective date of this section may continue to be 22 used by award recipients for operating or capital expenses upon 23 the same terms and conditions as are contained in the notice of 24 grant award or grant agreement executed in connection with the 25 award, if the funds are expended within five years following the 26 effective date of this section. 27 (b) The Department of Transportation may continue to use all 28 funds appropriated or otherwise made available to it for public 29 transportation purposes prior to the effective date of this 30 section in accordance with the laws under which the funds were 20070H1590B2170 - 173 -
1 made available. 2 Section 7. The following shall apply: 3 (1) The General Assembly declares that the repeal under 4 paragraph (2) is necessary to effectuate the addition of 74 5 Pa.C.S. Ch. 81. 6 (2) The act of September 30, 1985 (P.L.240, No.61), 7 known as the Turnpike Organization, Extension and Toll Road 8 Conversion Act is repealed. 9 (3) Section 207.1(c)(2) of the act of April 9, 1929 10 (P.L.177, No.175), known as The Administrative Code of 1929, 11 is repealed insofar as it is inconsistent with the addition 12 of 74 Pa.C.S. § 8105. 13 (4) Sections 2301(a) and (b) of the act of March 4, 1971 14 (P.L.6, No.2), known as the Tax Reform Code of 1971, insofar 15 as they relate to the establishment and existence of the 16 Public Transportation Assistance Fund are repealed. 17 (5) All other acts and parts of acts are repealed 18 insofar as they are inconsistent with this act. 19 Section 8. The addition of 74 Pa.C.S. Ch. 81 is a 20 continuation of the act of September 30, 1985 (P.L.240, No.61), 21 known as the Turnpike Organization, Extension and Toll Road 22 Conversion Act. The following shall apply: 23 (1) Except as otherwise provided under 74 Pa.C.S. Ch. 24 81, all activities initiated under the Turnpike Organization, 25 Extension and Toll Road Conversion Act shall continue and 26 remain in full force and effect and may be completed under 74 27 Pa.C.S. Ch. 81. Orders, regulations, rules and decisions 28 which were made under the Turnpike Organization, Extension 29 and Toll Road Conversion Act and which are in effect on the 30 effective date of section 7(2) of this act shall remain in 20070H1590B2170 - 174 -
1 full force and effect until revoked, vacated or modified 2 under 74 Pa.C.S. Ch. 81. Contracts, obligations and 3 collective bargaining agreements entered into under the 4 Turnpike Organization, Extension and Toll Road Conversion Act 5 are not affected nor impaired by the repeal of the Turnpike 6 Organization, Extension and Toll Road Conversion Act. 7 (2) Except as set forth in paragraph (3), any difference 8 in language between 74 Pa.C.S. Ch. 81 and the Turnpike 9 Organization, Extension and Toll Road Conversion Act is 10 intended only to conform to the style of the Pennsylvania 11 Consolidated Statutes and is not intended to change or affect 12 the legislative intent, judicial construction or 13 administration and implementation of the Turnpike 14 Organization, Extension and Toll Road Conversion Act. 15 (3) Paragraph (2) does not apply to the addition of 74 16 Pa.C.S. § 8105. 17 Section 9. This act shall take effect as follows: 18 (1) The following provisions shall take effect 19 immediately: 20 (i) The addition of 74 Pa.C.S. § 8105. 21 (ii) Section 7(3) of this act. 22 (iii) This section. 23 (2) The remainder of this act shall take effect in 60 24 days. 25 SECTION 3. TITLE 74 IS AMENDED BY ADDING A CHAPTER TO READ: <-- 26 CHAPTER 15 27 SUSTAINABLE MOBILITY OPTIONS 28 SEC. 29 1501. SCOPE OF CHAPTER. 30 1502. (RESERVED). 20070H1590B2170 - 175 -
1 1503. DEFINITIONS. 2 1504. DEPARTMENT AUTHORIZATION. 3 1505. REGULATIONS. 4 1506. FUND. 5 1507. APPLICATION AND APPROVAL PROCESS. 6 1508. FEDERAL FUNDING. 7 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 8 DEPARTMENT. 9 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 10 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 11 1512. COORDINATION. 12 1513. OPERATING PROGRAM. 13 1514. ASSET IMPROVEMENT PROGRAM. 14 1515. NEW INITIATIVES PROGRAM. 15 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 16 1517. CAPITAL IMPROVEMENTS PROGRAM. 17 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 18 1519. RETROACTIVE AUTHORITY. 19 § 1501. SCOPE OF CHAPTER. 20 THIS CHAPTER RELATES TO SUSTAINABLE MOBILITY OPTIONS. 21 § 1502. (RESERVED). 22 § 1503. DEFINITIONS. 23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 25 CONTEXT CLEARLY INDICATES OTHERWISE: 26 "ACCESS TO JOBS PROJECT." A PROJECT RELATING TO THE 27 DEVELOPMENT AND MAINTENANCE OF TRANSPORTATION SERVICES DESIGNED 28 TO TRANSPORT WELFARE RECIPIENTS AND ELIGIBLE LOW-INCOME 29 INDIVIDUALS TO AND FROM JOBS AND ACTIVITIES RELATED TO THEIR 30 EMPLOYMENT AS DEFINED UNDER 49 U.S.C. § 5316 (RELATING TO JOB 20070H1590B2170 - 176 -
1 ACCESS AND REVERSE COMMUTE FORMULA GRANTS). 2 "AMERICANS WITH DISABILITIES ACT." THE AMERICANS WITH 3 DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327). 4 "ASSET MAINTENANCE COSTS." ALL VEHICLE MAINTENANCE EXPENSES, 5 NONVEHICLE MAINTENANCE AND MATERIALS EXPENSES AND THE COST OF 6 SUPPLIES USED IN THE OPERATION OF LOCAL TRANSPORTATION 7 ORGANIZATIONS AND TRANSPORTATION COMPANIES. 8 "AWARD RECIPIENT." A RECIPIENT OF FINANCIAL ASSISTANCE UNDER 9 THIS CHAPTER. 10 "BASE OPERATING ALLOCATION." THE TOTAL AMOUNT OF STATE 11 OPERATING ASSISTANCE, REIMBURSEMENT IN LIEU OF FARES FOR SENIOR 12 PASSENGERS AND OTHER ASSISTANCE WHICH WAS USED FOR OPERATING 13 ASSISTANCE AS DETERMINED BY THE DEPARTMENT IN FISCAL YEAR 2005- 14 2006. 15 "CAPITAL EXPENDITURES." ALL COSTS OF CAPITAL PROJECTS, 16 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ACQUISITION, 17 CONSTRUCTION, INSTALLATION, START-UP OF OPERATIONS, IMPROVEMENTS 18 AND ALL WORK AND MATERIALS INCIDENT THERETO. 19 "CAPITAL PROJECT." A SYSTEM OR COMPONENT OF THE SYSTEM FOR 20 THE PROVISION OF PUBLIC PASSENGER TRANSPORTATION. THE TERM 21 INCLUDES VEHICLES; INFRASTRUCTURE POWER; PASSENGER AMENITIES; 22 STORAGE AND MAINTENANCE BUILDINGS; PARKING FACILITIES; THE LAND 23 ON WHICH ANY CAPITAL PROJECT IS SITUATED AND THE LAND NEEDED TO 24 SUPPORT IT, WHETHER OWNED IN WHOLE OR IN PART; OVERHAUL OF 25 VEHICLES; DEBT SERVICE AND THE COST OF ISSUANCE OF BONDS, NOTES 26 AND OTHER EVIDENCES OF INDEBTEDNESS WHICH A LOCAL TRANSPORTATION 27 ORGANIZATION OR TRANSPORTATION COMPANY IS PERMITTED TO ISSUE 28 UNDER ANY LAW OF THIS COMMONWEALTH. 29 "COMMONWEALTH CAPITAL BONDS." EVIDENCE OF DEBT INCURRED BY 30 THE COMMONWEALTH UNDER THE ACT OF FEBRUARY 9, 1999 (P.L.1, 20070H1590B2170 - 177 -
1 NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING ACT. 2 "COMMUNITY TRANSPORTATION SERVICE" OR "SHARED RIDE SERVICE." 3 DOOR-TO-DOOR DEMAND TRANSPORTATION THAT IS AVAILABLE TO THE 4 GENERAL PUBLIC ON A NONEXCLUSIVE BASIS, OPERATES ON A NONFIXED 5 ROUTE BASIS AND CHARGES A FARE TO ALL RIDERS. THE TERM DOES NOT 6 INCLUDE EXCLUSIVE RIDE TAXI SERVICE, CHARTER AND SIGHTSEEING 7 SERVICE, NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE 8 SERVICE. 9 "COMMUNITY TRANSPORTATION SYSTEM." A PERSON THAT PROVIDES 10 COMMUNITY TRANSPORTATION SERVICE AND CONTRACTS WITH THE 11 DEPARTMENT OF TRANSPORTATION TO RECEIVE REVENUE REPLACEMENT 12 FUNDS. 13 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 14 COMMONWEALTH. 15 "FINANCIAL ASSISTANCE." GRANTS OR OTHER TYPES OF FINANCIAL 16 SUPPORT PROVIDED BY THE DEPARTMENT OF TRANSPORTATION UNDER THIS 17 CHAPTER. 18 "FIXED GUIDEWAY SYSTEM." A FIXED-ROUTE PUBLIC TRANSPORTATION 19 SERVICE THAT USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL 20 LINE FOR THE EXCLUSIVE USE OF PUBLIC TRANSPORTATION AND OTHER 21 HIGH OCCUPANCY VEHICLES OR USES A FIXED CATENARY SYSTEM AND A 22 RIGHT-OF-WAY USABLE BY OTHER FORMS OF TRANSPORTATION. THE TERM 23 INCLUDES LIGHT RAIL, COMMUTER RAIL, AUTOMATED GUIDEWAY TRANSIT, 24 PEOPLE MOVERS, FERRY BOAT SERVICE AND FIXED GUIDEWAY FACILITIES 25 FOR BUSES SUCH AS BUS RAPID TRANSIT AND HIGH OCCUPANCY VEHICLES. 26 "FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE." REGULARLY 27 SCHEDULED GENERAL PUBLIC TRANSPORTATION THAT IS PROVIDED 28 ACCORDING TO PUBLISHED SCHEDULES ALONG DESIGNATED ROUTES, WITH 29 SPECIFIED STOPPING POINTS FOR THE TAKING ON AND DISCHARGING OF 30 PASSENGERS, INCLUDING PUBLIC BUS AND COMMUTER RAIL SYSTEMS AND 20070H1590B2170 - 178 -
1 OTHER DEPARTMENT-APPROVED SERVICE. THE TERM DOES NOT INCLUDE 2 EXCLUSIVE RIDE TAXI SERVICE, CHARTER OR SIGHTSEEING SERVICE, 3 NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE SERVICE. 4 "FUND." THE PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED 5 UNDER SECTION 1506 (RELATING TO FUND). 6 "INTERCITY BUS SERVICE." PASSENGER BUS SERVICE OF 35 MILES 7 OR MORE IN LENGTH THAT IS PROVIDED WITH AN OVER-THE-ROAD BUS AND 8 OPERATED BETWEEN TWO NONCONTIGUOUS URBANIZED AREAS, BETWEEN AN 9 URBANIZED AREA LOCATED IN ONE COUNTY AND RURAL COMMUNITIES 10 LOCATED IN ANOTHER COUNTY OR BETWEEN RURAL COMMUNITIES LOCATED 11 IN DIFFERENT COUNTIES AND CONTAINS ALL OF THE FOLLOWING 12 ELEMENTS: 13 (1) SERVICE THAT IS OPERATED FOR A FARE ON A REGULARLY 14 SCHEDULED FIXED-ROUTE BASIS. 15 (2) SERVICE THAT IS OFFERED TO AND UTILIZED BY THE 16 GENERAL PUBLIC WITHOUT PRECONDITIONS OF ADVANCE RESERVATION 17 OR MEMBERSHIP IN A PARTICULAR ORGANIZATION. 18 "INTERCITY PASSENGER RAIL SERVICE." PASSENGER RAILROAD 19 SERVICE THAT CONNECTS TWO OR MORE URBANIZED AREAS AND IS 20 DETERMINED BY THE DEPARTMENT OF TRANSPORTATION TO QUALIFY AS 21 INTERCITY SERVICE RATHER THAN COMMUTER RAIL SERVICE. 22 "JOB ACCESS AND REVERSE COMMUTE PROJECT." A PROJECT FUNDED 23 BY THE FEDERAL TRANSIT ADMINISTRATION UNDER FEDERAL LAW. 24 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 25 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 26 PORT OR REDEVELOPMENT AUTHORITY ORGANIZED UNDER THE LAWS OF 27 THIS COMMONWEALTH OR PURSUANT TO AN INTERSTATE COMPACT OR 28 OTHERWISE EMPOWERED TO RENDER, CONTRACT FOR THE RENDERING OR 29 ASSIST IN THE RENDERING OF TRANSPORTATION SERVICE IN A 30 LIMITED AREA IN THIS COMMONWEALTH, EVEN THOUGH IT MAY ALSO 20070H1590B2170 - 179 -
1 RENDER OR ASSIST IN RENDERING TRANSPORTATION SERVICE IN 2 ADJACENT STATES. 3 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 4 PROVIDES PUBLIC TRANSPORTATION SERVICE. 5 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 6 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 7 "MATERIALS AND SUPPLIES." THOSE CATEGORIES OF EXPENSES AS 8 SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS EXPENSE OBJECT CLASS 9 504, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM F 30, 10 NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 11 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 12 "NEW FIXED GUIDEWAY SYSTEM." A NEWLY CONSTRUCTED FIXED 13 GUIDEWAY SYSTEM IN A CORRIDOR OR ALIGNMENT WHERE NO SUCH SYSTEM 14 PREVIOUSLY EXISTED. 15 "NEW FREEDOM PROGRAM." A PUBLIC TRANSPORTATION PROGRAM 16 DESIGNED TO PROVIDE FUNDS TO RECIPIENTS FOR NEW PUBLIC 17 TRANSPORTATION SERVICES AND PUBLIC TRANSPORTATION ALTERNATIVES 18 BEYOND THOSE REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 19 1990 (PUBLIC LAW 101-336, 104 STAT. 327) THAT ASSIST INDIVIDUALS 20 WITH DISABILITIES WITH TRANSPORTATION, INCLUDING TRANSPORTATION 21 TO AND FROM JOBS AND EMPLOYMENT SUPPORT SERVICES ADMINISTERED 22 UNDER THE PROVISIONS OF 49 U.S.C. § 5317 (RELATING TO NEW 23 FREEDOM PROGRAM). 24 "NEW START." THE TERM SHALL HAVE THE SAME MEANING GIVEN IT 25 IN 49 CFR § 611.5 (RELATING TO DEFINITIONS). 26 "NONURBANIZED AREA." AN AREA WITHIN THIS COMMONWEALTH THAT 27 DOES NOT FALL WITHIN AN AREA CLASSIFIED AS "URBANIZED" BY THE 28 UNITED STATES BUREAU OF THE CENSUS OF THE UNITED STATES 29 DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS OF POPULATION. 30 "NONVEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 20070H1590B2170 - 180 -
1 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 2 ASSETS, OTHER THAN VEHICLES, AS SPECIFIED IN UNIFORM SYSTEM OF 3 ACCOUNTS, EXPENSE FUNCTION 042, NATIONAL TRANSIT DATABASE 4 OPERATING EXPENSES FORM, F 30, NATIONAL TRANSIT DATABASE, FINAL 5 RULE, FEDERAL TRANSIT ADMINISTRATION, DATED JANUARY 15, 1993, OR 6 ANY SUCCESSOR. 7 "OPERATING EXPENSES." TOTAL EXPENSES REQUIRED TO CONTINUE 8 SERVICE TO THE PUBLIC AND TO PERMIT NEEDED IMPROVEMENTS IN 9 SERVICE WHICH ARE NOT SELF-SUPPORTING AND OTHERWISE FOR ANY 10 PURPOSE IN FURTHERANCE OF PUBLIC PASSENGER TRANSPORTATION, 11 INCLUDING ALL STATE ASSET MAINTENANCE COSTS. THE TERM DOES NOT 12 INCLUDE EXPENDITURES FOR CAPITAL PROJECTS UNLESS SPECIFIC 13 APPROVAL IS PROVIDED BY THE DEPARTMENT OF TRANSPORTATION. 14 "OPERATING REVENUE." THE TOTAL REVENUE EARNED BY A LOCAL 15 TRANSPORTATION ORGANIZATION OR A TRANSPORTATION COMPANY THROUGH 16 ITS TRANSIT OPERATIONS. THE TERM INCLUDES ALL OF THE FOLLOWING: 17 (1) PASSENGER FARES. 18 (2) REIMBURSEMENTS PROVIDED IN LIEU OF FARES FOR SENIOR 19 PASSENGERS. 20 (3) CHARTER, SCHOOL BUS AND ADVERTISING REVENUE. 21 (4) OTHER MISCELLANEOUS REVENUE SUCH AS PUBLIC AND 22 PRIVATE ROUTE GUARANTEE FUNDS. 23 "PARATRANSIT SERVICE." TRANSIT SERVICE OPERATING ON A 24 NONFIXED-ROUTE BASIS IN ORDER TO PROVIDE COMPLEMENTARY 25 TRANSPORTATION SERVICE TO PERSONS WHO ARE FUNCTIONALLY UNABLE TO 26 USE FIXED-ROUTE TRANSPORTATION, AS REQUIRED BY THE AMERICANS 27 WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 28 327). 29 "PASSENGERS." THE TOTAL OF ALL ORIGINATING PASSENGERS PLUS 30 TRANSFER PASSENGERS CARRIED ON FIXED ROUTE SERVICE AND 20070H1590B2170 - 181 -
1 PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR 2 AS REPORTED IN THE MOST RECENTLY PUBLISHED PUBLIC PASSENGER 3 TRANSPORTATION PERFORMANCE REPORT. 4 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN 5 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT-UP PLACE THAT 6 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF 7 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY, 8 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF 9 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR 10 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT 11 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES. 12 "PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT." AN 13 ANNUAL REPORT COMPLETED BY THE DEPARTMENT OF TRANSPORTATION 14 WHICH SHALL INCLUDE ALL OF THE FOLLOWING: 15 (1) EACH LOCAL TRANSPORTATION ORGANIZATION'S PASSENGERS, 16 REVENUE VEHICLE MILES, REVENUE VEHICLE HOURS, AND SENIOR 17 PASSENGERS STATISTICS FOR THE MOST RECENTLY AVAILABLE FISCAL 18 YEAR. 19 (2) ANY OTHER STATISTICAL INFORMATION THAT THE 20 DEPARTMENT OF TRANSPORTATION DEEMS NECESSARY OR USEFUL. 21 "REVENUE REPLACEMENT FUNDS." PAYMENTS MADE TO LOCAL 22 TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES TO 23 OFFSET OR PARTIALLY OFFSET FARES. 24 "REVENUE VEHICLE HOURS." THE TOTAL AMOUNT OF TIME CALCULATED 25 IN HOURS DURING WHICH VEHICLES ARE IN SERVICE AND AVAILABLE FOR 26 PUBLIC USE IN FIXED-ROUTE SERVICE OR PARATRANSIT SERVICE WITH 27 RESPECT TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST 28 RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT. THE 29 TERM DOES NOT INCLUDE DEADHEAD HOURS. 30 "REVENUE VEHICLE MILES." THE TOTAL AMOUNT OF DISTANCE 20070H1590B2170 - 182 -
1 CALCULATED IN MILES DURING WHICH VEHICLES ARE IN SERVICE AND 2 AVAILABLE FOR PUBLIC USE IN FIXED-ROUTE SERVICE OR PARATRANSIT 3 SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR AS REPORTED 4 IN THE MOST RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE 5 REPORT. THE TERM DOES NOT INCLUDE DEADHEAD MILES. 6 "REVERSE COMMUTE PROJECT." A PUBLIC TRANSPORTATION PROJECT 7 DESIGNED TO TRANSPORT RESIDENTS OF URBANIZED AND NONURBANIZED 8 AREAS TO SUBURBAN EMPLOYMENT OPPORTUNITIES AS DEFINED UNDER 49 9 U.S.C. § 5316 (RELATING TO JOB ACCESS AND REVERSE COMMUTE 10 FORMULA GRANTS). 11 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 12 COMMONWEALTH. 13 "SENIOR CITIZEN." A PERSON WHO IS AT LEAST 65 YEARS OF AGE. 14 "SENIOR PASSENGER." A SENIOR CITIZEN WHO RIDES ON FIXED- 15 ROUTE SERVICE. 16 "SENIOR PASSENGERS." THE NUMBER OF SENIOR PASSENGERS 17 TRANSPORTED BY A LOCAL TRANSPORTATION ORGANIZATION WITH RESPECT 18 TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY 19 PUBLISHED PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT. 20 "TAX REFORM CODE." THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), 21 KNOWN AS THE TAX REFORM CODE OF 1971. 22 "TRANSPORTATION COMPANY." A PERSON THAT RENDERS PUBLIC 23 PASSENGER TRANSPORTATION SERVICE. 24 "URBANIZED AREA." A PORTION OF THIS COMMONWEALTH CLASSIFIED 25 AS URBANIZED BY THE UNITED STATES BUREAU OF THE CENSUS OF THE 26 UNITED STATES DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS 27 OF POPULATION. 28 "VEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 29 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 30 VEHICLES AS SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS, EXPENSE 20070H1590B2170 - 183 -
1 FUNCTION 041, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM 2 F 30, NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 3 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 4 "WELFARE-TO-WORK." ANY FEDERAL OR STATE PROGRAM DESIGNED TO 5 MOVE INDIVIDUALS FROM DEPENDENCY ON PUBLIC WELFARE PROGRAMS TO 6 SELF-SUFFICIENCY THROUGH PAID WORK. 7 § 1504. DEPARTMENT AUTHORIZATION. 8 (A) GENERAL.--THE DEPARTMENT MAY, WITHIN THE LIMITATIONS 9 PROVIDED IN THIS CHAPTER, INCUR COSTS DIRECTLY AND PROVIDE 10 FINANCIAL ASSISTANCE FOR THE PURPOSES AND ACTIVITIES ENUMERATED 11 IN THIS CHAPTER. 12 (B) SUPPLEMENTATION OF FEDERAL AND LOCAL FUNDS.--THE 13 AUTHORITY CONFERRED ON THE DEPARTMENT BY THIS CHAPTER INCLUDES, 14 BUT IS NOT LIMITED TO, PROVIDING FINANCIAL ASSISTANCE FOR PUBLIC 15 PASSENGER TRANSPORTATION PURPOSES AND TO SUPPLEMENT FEDERAL 16 FUNDING OR LOCAL FUNDING OR BOTH. 17 § 1505. REGULATIONS. 18 (A) GENERAL RULE.--TO EFFECTUATE AND ENFORCE THE PROVISIONS 19 OF THIS CHAPTER, THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES 20 AND REGULATIONS AND PRESCRIBE CONDITIONS AND PROCEDURES IN ORDER 21 TO ASSURE COMPLIANCE IN CARRYING OUT THE PURPOSES FOR WHICH 22 FINANCIAL ASSISTANCE MAY BE PROVIDED UNDER THIS CHAPTER. 23 (B) TEMPORARY REGULATIONS.-- 24 (1) UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, IN ORDER 25 TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS CHAPTER, 26 DURING THE TWO-YEAR PERIOD FOLLOWING THE EFFECTIVE DATE OF 27 THIS SECTION, THE DEPARTMENT SHALL PROMULGATE TEMPORARY 28 REGULATIONS WHICH SHALL EXPIRE FOUR YEARS FROM THE EFFECTIVE 29 DATE OF THIS SECTION. THE TEMPORARY REGULATIONS SHALL BE 30 EXEMPT FROM THE FOLLOWING: 20070H1590B2170 - 184 -
1 (I) THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), 2 KNOWN AS THE COMMONWEALTH ATTORNEYS ACT. 3 (II) SECTION 205 OF THE ACT OF JULY 31, 1968 4 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH 5 DOCUMENTS LAW. 6 (III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), 7 KNOWN AS THE REGULATORY REVIEW ACT. 8 (2) THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE 9 TEMPORARY REGULATIONS UNDER THIS SUBSECTION SHALL EXPIRE TWO 10 YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS 11 ADOPTED AFTER THE TWO-YEAR PERIOD SHALL BE PROMULGATED AS 12 PROVIDED BY STATUTE. 13 § 1506. FUND. 14 (A) ESTABLISHMENT.--A SPECIAL FUND IS ESTABLISHED WITHIN THE 15 STATE TREASURY TO BE KNOWN AS THE PUBLIC TRANSPORTATION TRUST 16 FUND. MONEY IN THE FUND IS HEREBY APPROPRIATED, UPON APPROVAL OF 17 THE GOVERNOR, TO THE DEPARTMENT FOR THE PURPOSES SET FORTH UNDER 18 THIS CHAPTER. 19 (B) DEPOSITS TO FUND BY DEPARTMENT.-- 20 (1) THE FOLLOWING APPLY: 21 (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), UPON 22 RECEIPT, THE DEPARTMENT SHALL DEPOSIT INTO THE FUND THE 23 REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 PA.C.S. CH. 24 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND THE LEASE 25 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE 26 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. § 27 8915.3 (RELATING TO LEASE OF INTERSTATE 80) AS FOLLOWS: 28 (A) FOR FISCAL YEAR 2007-2008, $250,000,000. 29 (B) FOR FISCAL YEAR 2008-2009, $250,000,000. 30 (C) FOR FISCAL YEAR 2009-2010, $250,000,000. 20070H1590B2170 - 185 -
1 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 2 YEAR THEREAFTER, THE AMOUNT CALCULATED FOR THE 3 PREVIOUS FISCAL YEAR, INCREASED ANNUALLY BY 2.5%. 4 (II) THE DEPOSITS MADE TO THE FUND UNDER THIS 5 SUBSECTION SHALL EQUAL $250,000,000 ANNUALLY FOR EACH 6 FISCAL YEAR COMMENCING AFTER THE EXPIRATION OF THE 7 CONVERSION PERIOD IF THE CONVERSION NOTICE IS NOT 8 RECEIVED BY THE SECRETARY PRIOR TO EXPIRATION OF THE 9 CONVERSION PERIOD AS SET FORTH UNDER 75 PA.C.S. § 10 8915.3(3). 11 (2) UPON RECEIPT, THE DEPARTMENT SHALL DEPOSIT THE 12 AMOUNT MADE AVAILABLE TO THE DEPARTMENT AS AN EXECUTIVE 13 AUTHORIZATION AND ANY APPROPRIATION FOR THE 2007-2008 FISCAL 14 YEAR AND EACH FISCAL YEAR THEREAFTER FROM THE STATE LOTTERY 15 FUND FOR FIXED ROUTE TRANSIT AND FOR THE FREE TRANSIT PROGRAM 16 FOR SENIOR CITIZENS ESTABLISHED UNDER THE ACT OF AUGUST 26, 17 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. THE 18 FUNDS DEPOSITED UNDER THIS PARAGRAPH SHALL ONLY BE USED AS 19 PERMITTED BY THE STATE LOTTERY LAW, EXCEPT THAT: 20 (I) FUNDS MAY BE USED TO PAY ESTIMATED TRANSIT 21 LOSSES RESULTING FROM PROVIDING FREE SERVICE FOR SENIOR 22 PASSENGERS DURING THE PROVIDER'S REGULAR HOURS OF 23 SERVICE; AND 24 (II) FARES FOR SENIOR CITIZENS ON COMMUTER RAIL 25 SERVICE SHALL BE LIMITED TO $1 PER TRIP AND SHALL BE 26 EXTENDED TO ALL HOURS OF COMMUTER RAIL SERVICE. 27 (C) OTHER DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO 28 THE FUND: 29 (1) 4.4% OF THE AMOUNT COLLECTED UNDER ARTICLE II OF THE 30 TAX REFORM CODE INTO THE FUND. REVENUES UNDER THIS PARAGRAPH 20070H1590B2170 - 186 -
1 SHALL BE DEPOSITED INTO THE FUND BY THE 20TH DAY OF EACH 2 MONTH FOR THE PRECEDING MONTH. THE AMOUNT DEPOSITED UNDER 3 THIS PARAGRAPH IS ESTIMATED TO BE EQUIVALENT OF THE MONEY 4 AVAILABLE TO THE DEPARTMENT FROM FOLLOWING SOURCES: 5 (I) THE SUPPLEMENTAL PUBLIC TRANSPORTATION ACCOUNT 6 ESTABLISHED UNDER FORMER SECTION 1310.1 (RELATING TO 7 SUPPLEMENTAL PUBLIC TRANSPORTATION ASSISTANCE FUNDING). 8 (II) THE AMOUNT APPROPRIATED ANNUALLY BY THE 9 COMMONWEALTH FROM THE GENERAL FUND FOR MASS TRANSIT 10 PROGRAMS PURSUANT TO A GENERAL APPROPRIATIONS ACT. 11 (2) PROCEEDS OF COMMONWEALTH CAPITAL BONDS. 12 (3) REVENUE IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND 13 ESTABLISHED UNDER ARTICLE XXIII OF THE TAX REFORM CODE NOT 14 OTHERWISE DEDUCTED PURSUANT TO LAW. 15 (4) OTHER APPROPRIATIONS OR TRANSFERS TO THE FUND. 16 (D) USE OF REVENUES.--MONEY IN THE FUND SHALL BE USED BY THE 17 DEPARTMENT AS FOLLOWS: 18 (1) TO PROVIDE FINANCIAL ASSISTANCE THROUGH THE PROGRAMS 19 ESTABLISHED UNDER THIS CHAPTER; 20 (2) FOR COSTS INCURRED DIRECTLY BY THE DEPARTMENT IN THE 21 ADMINISTRATION OF PUBLIC PASSENGER TRANSPORTATION PROGRAMS, 22 INCLUDING UNDER THIS CHAPTER; AND 23 (3) FOR ALL OTHER PURPOSES ENUMERATED UNDER THIS 24 CHAPTER. 25 (E) PROGRAM FUNDING AMOUNTS.--SUBJECT TO AVAILABLE FUNDS, 26 THE PROGRAMS ESTABLISHED UNDER THIS CHAPTER SHALL BE FUNDED AS 27 FOLLOWS: 28 (1) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1513 29 (RELATING TO OPERATING PROGRAM), THE FOLLOWING AMOUNTS SHALL 30 BE ALLOCATED FROM THE FUND: 20070H1590B2170 - 187 -
1 (I) ALL REVENUES DEPOSITED IN THE FUND UNDER 2 SUBSECTION (B)(1). 3 (II) ALL REVENUES DEPOSITED IN THE FUND UNDER 4 SUBSECTION (B)(2). 5 (III) 69.99% OF THE REVENUES DEPOSITED IN THE FUND 6 UNDER SUBSECTION (C)(1). 7 (2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), FOR 8 THE PROGRAM ESTABLISHED UNDER SECTION 1514 (RELATING TO ASSET 9 IMPROVEMENT PROGRAM): 10 (A) BY THE PROCEEDS OF COMMONWEALTH CAPITAL 11 BONDS. 12 (B) FOR FISCAL YEAR 2008-2009, $100,000,000 FROM 13 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 14 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 15 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 16 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 17 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 18 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 19 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 20 SUBSECTION (B)(1). 21 (C) FOR FISCAL YEAR 2009-2010, $150,000,000 FROM 22 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 23 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 24 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 25 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 26 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 27 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 28 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 29 SUBSECTION (B)(1). 30 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 20070H1590B2170 - 188 -
1 YEAR THEREAFTER, $150,000,000, INCREASED ANNUALLY BY 2 2.5% FROM THE REVENUES RECEIVED BY THE DEPARTMENT 3 UNDER 75 PA.C.S. CH. 89 AND THE LEASE AGREEMENT 4 EXECUTED BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA 5 TURNPIKE COMMISSION UNDER 75 PA.C.S. § 8915.3. THE 6 AMOUNT RECEIVED BY THE DEPARTMENT UNDER THIS SECTION 7 SHALL BE DEPOSITED INTO THE FUND PRIOR TO 8 DISTRIBUTION AND SHALL BE IN ADDITION TO THE AMOUNTS 9 RECEIVED UNDER SUBSECTION (B)(1). 10 (II) IF THE CONVERSION NOTICE IS NOT RECEIVED BY THE 11 SECRETARY PRIOR TO THE END OF THE CONVERSION PERIOD AS 12 SET FORTH IN 75 PA.C.S. § 8915.3(3), NO PAYMENT SHALL BE 13 REQUIRED UNDER THIS SUBPARAGRAPH. 14 (3) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1516 15 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE), 5.5% OF THE 16 REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1) SHALL 17 BE ALLOCATED FROM THE FUND. 18 (4) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1517 19 (RELATING TO CAPITAL IMPROVEMENTS PROGRAM), 16.77% OF THE 20 REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1). 21 ADDITIONAL FUNDS FOR THIS PROGRAM MAY BE PROVIDED FROM THE 22 FUNDS ALLOCATED BUT NOT DISTRIBUTED BASED ON THE LIMITATION 23 SET FORTH UNDER SECTION 1513(C). 24 § 1507. APPLICATION AND APPROVAL PROCESS. 25 (A) APPLICATION.--AN ELIGIBLE APPLICANT THAT WISHES TO 26 RECEIVE FINANCIAL ASSISTANCE UNDER THIS CHAPTER SHALL SUBMIT A 27 WRITTEN APPLICATION TO THE DEPARTMENT, ON A FORM DEVELOPED BY 28 THE DEPARTMENT, WHICH SHALL INCLUDE THE FOLLOWING: 29 (1) THE NAME AND ADDRESS OF THE APPLICANT. 30 (2) THE NAME AND TELEPHONE NUMBER OF A CONTACT PERSON 20070H1590B2170 - 189 -
1 FOR THE APPLICANT. 2 (3) THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE 3 REQUESTED AND THE PROPOSED USE OF THE FUNDS. 4 (4) A STATEMENT AS TO THE PARTICULAR NEED FOR THE 5 FINANCIAL ASSISTANCE. 6 (5) A CERTIFIED COPY OF A CURRENT RESOLUTION AUTHORIZING 7 SUBMISSION OF THE APPLICATION IF THE APPLICANT IS A GOVERNING 8 BODY. 9 (6) EVIDENCE SATISFACTORY TO THE DEPARTMENT OF THE 10 COMMITMENT FOR MATCHING FUNDS REQUIRED UNDER THIS CHAPTER 11 SUFFICIENT TO MATCH THE PROJECTED FINANCIAL ASSISTANCE 12 PAYMENTS AT THE SAME TIMES THAT THE FINANCIAL ASSISTANCE 13 PAYMENTS ARE TO BE PROVIDED. 14 (7) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY 15 OR DESIRABLE. 16 (B) APPROVAL AND AWARD.--UPON DETERMINING THAT AN APPLICANT 17 HAS COMPLIED WITH THIS CHAPTER, APPLICABLE RULES AND REGULATIONS 18 AND ANY OTHER REQUIREMENT WITH RESPECT TO THE FINANCIAL 19 ASSISTANCE REQUESTED, THE DEPARTMENT MAY AWARD FINANCIAL 20 ASSISTANCE TO THE APPLICANT. IF THE DEPARTMENT AWARDS FINANCIAL 21 ASSISTANCE TO THE APPLICANT, THE DEPARTMENT AND THE APPLICANT 22 SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT SETTING FORTH 23 THE TERMS AND CONDITIONS GOVERNING THE USE OF THE FINANCIAL 24 ASSISTANCE AND THE TIMING OF PAYMENT OF THE FUNDS. THE 25 DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE APPLICATION FOR AND 26 AWARDING OF FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND SHALL 27 FORWARD THEM TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION 28 IN THE PENNSYLVANIA BULLETIN. 29 (C) RESTRICTION ON USE OF FUNDS.--FINANCIAL ASSISTANCE UNDER 30 THIS CHAPTER SHALL BE USED ONLY FOR ACTIVITIES SET FORTH UNDER 20070H1590B2170 - 190 -
1 THE FINANCIAL AGREEMENT UNLESS THE DEPARTMENT GRANTS THE AWARD 2 RECIPIENT A WAIVER ALLOWING THE FUNDS TO BE USED FOR A DIFFERENT 3 PURPOSE. THE DEPARTMENT'S REGULATIONS SHALL DESCRIBE 4 CIRCUMSTANCES UNDER WHICH IT WILL CONSIDER WAIVER REQUESTS AND 5 SHALL SET FORTH ALL INFORMATION TO BE INCLUDED IN A WAIVER 6 REQUEST. THE MAXIMUM DURATION OF A WAIVER SHALL BE ONE YEAR, AND 7 A WAIVER REQUEST SHALL INCLUDE A PLAN OF CORRECTIVE ACTION TO 8 DEMONSTRATE THAT THE AWARD RECIPIENT DOES NOT HAVE AN ONGOING 9 NEED TO USE FINANCIAL ASSISTANCE FUNDS FOR ACTIVITIES OTHER THAN 10 THOSE FOR WHICH FUNDS WERE ORIGINALLY AWARDED. 11 § 1508. FEDERAL FUNDING. 12 (A) GENERAL RULE.--THE DEPARTMENT SHALL ADMINISTER THE 13 PROGRAM ESTABLISHED UNDER THIS CHAPTER IN A MANNER THAT PERMITS 14 FULL COOPERATION BETWEEN FEDERAL, STATE AND LOCAL GOVERNMENTS, 15 AGENCIES AND INSTRUMENTALITIES, LOCAL TRANSPORTATION 16 ORGANIZATIONS AND PRIVATE INTERESTS, SO AS TO RESULT IN AS 17 EFFECTIVE AND ECONOMICAL A PROGRAM AS POSSIBLE. 18 (B) AGREEMENTS.--THE DEPARTMENT MAY ENTER INTO AGREEMENTS 19 FOR MUTUAL COOPERATION BETWEEN OR AMONG THE DEPARTMENT AND A 20 FEDERAL AGENCY, LOCAL TRANSPORTATION ORGANIZATION OR 21 TRANSPORTATION COMPANY CONCERNING A PROJECT TO BE FUNDED WITH 22 FINANCIAL ASSISTANCE UNDER THIS CHAPTER, INCLUDING JOINT 23 APPLICATIONS FOR FEDERAL GRANTS. 24 (C) GENERAL AUTHORITY OF DEPARTMENT.--THE DEPARTMENT MAY DO 25 ANYTHING NECESSARY OR DESIRABLE TO SECURE FINANCIAL AID OR 26 COOPERATION OF A FEDERAL AGENCY FOR A PROJECT FUNDED WITH 27 FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND TO COMPLY WITH A 28 FEDERAL STATUTE OR LAWFUL REQUIREMENT OF A FEDERAL AGENCY 29 AUTHORIZED TO ADMINISTER A PROGRAM OF FEDERAL AID TO 30 TRANSPORTATION. THE DEPARTMENT MAY ENTER INTO A PROTECTIVE 20070H1590B2170 - 191 -
1 AGREEMENT WITH ORGANIZED LABOR TO THE EXTENT REQUIRED UNDER 49 2 U.S.C. § 5333 (RELATING TO LABOR STANDARDS) IN ORDER TO OBTAIN 3 FEDERAL GRANT MONEY FOR TRANSPORTATION ASSISTANCE. PROTECTIVE 4 AGREEMENTS SHALL BE NARROWLY DRAWN AND STRICTLY CONSTRUED TO 5 PROVIDE NO MORE THAN THE MINIMUM PROTECTIONS REQUIRED BY THE 6 UNITED STATES DEPARTMENT OF LABOR FOR THE AGREEMENTS. 7 (D) DIRECT RECIPIENTS.--LOCAL TRANSPORTATION ORGANIZATIONS 8 THAT ARE DIRECT RECIPIENTS OF FEDERAL FUNDING SHALL BE UNDER NO 9 OBLIGATION TO ENTER INTO CONTRACTS WITH THE DEPARTMENT FOR 10 EXPENDITURE OF THOSE FUNDS, EXCEPT THAT THE DEPARTMENT MAY 11 REQUIRE A CONTRACT FOR EXPENDITURE OF THE STATE PORTION OF THE 12 PROJECT ASSISTED BY THOSE FEDERAL FUNDS. 13 § 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 14 DEPARTMENT. 15 ALL DECISIONS, FINDINGS AND REGULATIONS MADE BY THE 16 DEPARTMENT PURSUANT TO THIS CHAPTER SHALL BE FOR THE PURPOSES OF 17 THIS CHAPTER ONLY AND SHALL NOT CONSTITUTE EVIDENCE BEFORE A 18 REGULATORY BODY OF THIS COMMONWEALTH OR ANY OTHER JURISDICTION. 19 § 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 20 (A) REVIEW AND OVERSIGHT.--THE DEPARTMENT SHALL INITIATE AND 21 MAINTAIN A PROGRAM OF FINANCIAL AND PERFORMANCE REVIEW AND 22 OVERSIGHT FOR ALL PROGRAMS RECEIVING FINANCIAL ASSISTANCE UNDER 23 THIS CHAPTER. THE DEPARTMENT MAY PERFORM INDEPENDENT FINANCIAL 24 AUDITS OF EACH AWARD RECIPIENT TO ENSURE COMPLIANCE BY AWARD 25 RECIPIENTS WITH THIS CHAPTER, DEPARTMENT REGULATIONS AND 26 POLICIES AND FINANCIAL ASSISTANCE AGREEMENTS. AUDITS SHALL BE 27 CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING 28 STANDARDS. 29 (B) STATE RAIL TRANSIT SAFETY INSPECTION PROGRAM.--THE 30 DEPARTMENT MAY CONDUCT A STATE RAIL TRANSIT SAFETY INSPECTION 20070H1590B2170 - 192 -
1 PROGRAM, AS MAY BE DEFINED FROM TIME TO TIME BY THE FEDERAL 2 TRANSIT ADMINISTRATION, TO MEET OVERSIGHT REQUIREMENTS OF THE 3 FEDERAL TRANSIT ADMINISTRATION. THE PUBLIC TRANSPORTATION MODES 4 COVERED SHALL INCLUDE HEAVY RAIL, LIGHT RAIL, TRACKLESS TROLLEY 5 BUS AND INCLINED PLANE SERVICES AND RELATED FACILITIES. 6 § 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 7 THE FOLLOWING SHALL APPLY: 8 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEPARTMENT 9 SHALL FILE A PUBLIC PASSENGER TRANSPORTATION PERFORMANCE 10 REPORT WITH THE GOVERNOR AND THE GENERAL ASSEMBLY BY APRIL 30 11 OF EACH YEAR, COVERING THE PRIOR FISCAL YEAR. 12 (2) THE REPORT COVERING THE 2005-2006 FISCAL YEAR SHALL 13 BE PUBLISHED BY JULY 31, 2007. 14 § 1512. COORDINATION. 15 COORDINATION IS REQUIRED IN REGIONS WHERE TWO OR MORE AWARD 16 RECIPIENTS HAVE SERVICES OR ACTIVITIES FOR WHICH FINANCIAL 17 ASSISTANCE IS BEING PROVIDED UNDER THIS CHAPTER TO ASSURE THAT 18 THE SERVICES OR ACTIVITIES ARE PROVIDED EFFICIENTLY AND 19 EFFECTIVELY. 20 § 1513. OPERATING PROGRAM. 21 (A) ELIGIBLE APPLICANTS.--THE FOLLOWING MAY APPLY FOR 22 FINANCIAL ASSISTANCE FOR OPERATING EXPENSES UNDER THIS SECTION: 23 (1) THE GOVERNING BODY OF A MUNICIPALITY OR AN 24 INSTRUMENTALITY OF A MUNICIPALITY. 25 (2) A COMMONWEALTH AGENCY OR INSTRUMENTALITY. 26 (3) A LOCAL TRANSPORTATION ORGANIZATION. 27 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 28 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 29 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 30 INCLUDE THE APPLICANT'S REASONABLE ESTIMATES OF OPERATING 20070H1590B2170 - 193 -
1 REVENUE AND GOVERNMENT SUBSIDIES SUFFICIENT TO COVER ALL 2 PROJECTED OPERATING EXPENSES. 3 (C) DISTRIBUTION FORMULA.-- 4 (1) NO LATER THAN 15 BUSINESS DAYS AFTER THE EFFECTIVE 5 DATE OF THIS SECTION THE DEPARTMENT SHALL FORWARD TO THE 6 LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE 7 PENNSYLVANIA BULLETIN THE BASE OPERATING ALLOCATION FOR EACH 8 LOCAL TRANSPORTATION ORGANIZATION. 9 (2) FOR FISCAL YEAR 2007-2008 AND EVERY FISCAL YEAR 10 THEREAFTER EACH LOCAL TRANSPORTATION ORGANIZATION SHALL 11 RECEIVE FINANCIAL ASSISTANCE WHICH SHALL CONSIST OF THE 12 FOLLOWING: 13 (I) ITS BASE OPERATING ALLOCATION MULTIPLIED BY 14 1.0506. 15 (II) AN ADDITIONAL AMOUNT WHICH SHALL BE ALLOCATED 16 BASED ON THE FOLLOWING DISTRIBUTION FORMULA: 17 (A) TWENTY-FIVE PERCENT OF THE AWARD AMOUNT 18 SHALL BE BASED ON THE NUMBER OF PASSENGERS. THE 19 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 20 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 21 FOLLOWS: 22 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 23 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 24 BY 0.25. 25 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 26 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 27 NUMBER OF PASSENGERS. 28 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 29 (II) BY THE TOTAL NUMBER OF PASSENGERS FOR ALL 30 QUALIFYING LOCAL TRANSPORTATION ORGANIZATIONS. 20070H1590B2170 - 194 -
1 (B) TEN PERCENT OF THE AWARD AMOUNT SHALL BE 2 BASED ON THE NUMBER OF SENIOR PASSENGERS TO OFFSET 3 FREE FARES FOR SENIOR PASSENGERS. THE ACTUAL AMOUNT 4 RECEIVED BY EACH LOCAL TRANSPORTATION ORGANIZATION 5 UNDER THIS CLAUSE SHALL BE CALCULATED AS FOLLOWS: 6 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 7 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 8 BY 0.10. 9 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 10 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 11 NUMBER OF SENIOR PASSENGERS. 12 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 13 (II) BY THE TOTAL NUMBER OF SENIOR PASSENGERS FOR 14 ALL QUALIFYING LOCAL TRANSPORTATION 15 ORGANIZATIONS. 16 (C) THIRTY-FIVE PERCENT OF THE AWARD AMOUNT 17 SHALL BE BASED ON THE NUMBER OF REVENUE VEHICLE 18 HOURS. THE ACTUAL AMOUNT RECEIVED BY EACH LOCAL 19 TRANSPORTATION ORGANIZATION UNDER THIS CLAUSE SHALL 20 BE CALCULATED AS FOLLOWS: 21 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 22 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 23 BY 0.35. 24 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 25 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 26 NUMBER OF REVENUE VEHICLE HOURS. 27 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 28 (II) BY THE TOTAL OF THE REVENUE VEHICLE HOURS 29 FOR ALL QUALIFYING LOCAL TRANSPORTATION 30 ORGANIZATIONS. 20070H1590B2170 - 195 -
1 (D) THIRTY PERCENT OF THE AWARD AMOUNT SHALL BE 2 BASED ON THE NUMBER OF REVENUE VEHICLE MILES. THE 3 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 4 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 5 FOLLOWS: 6 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 7 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 8 BY 0.30. 9 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 10 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 11 NUMBER OF REVENUE VEHICLE MILES. 12 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 13 (II) BY THE TOTAL NUMBER OF REVENUE VEHICLE MILES 14 FOR ALL QUALIFYING LOCAL TRANSPORTATION 15 ORGANIZATIONS. 16 (3) FOR THE 2007-2008 FISCAL YEAR, NO LOCAL 17 TRANSPORTATION ORGANIZATION SHALL RECEIVE TOTAL FINANCIAL 18 ASSISTANCE UNDER THIS SUBSECTION THAT WOULD BE MORE THAN 50% 19 HIGHER THAN THE AMOUNT UNDER PARAGRAPH (2)(I). FOR EACH 20 SUBSEQUENT FISCAL YEAR, THE INCREASE IN THE TOTAL FINANCIAL 21 ASSISTANCE PROVIDED TO EACH APPLICANT SHALL NOT EXCEED 20% OF 22 THE PRIOR YEAR ALLOCATION. 23 (D) LOCAL MATCH REQUIREMENTS.-- 24 (1) FOR FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR 25 THEREAFTER, FINANCIAL ASSISTANCE PROVIDED UNDER THIS SECTION 26 SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING IN AN 27 AMOUNT NOT LESS THAN THE GREATER OF: 28 (I) 15% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE 29 BEING PROVIDED; OR 30 (II) THE AMOUNT REQUIRED UNDER FORMER SECTION 20070H1590B2170 - 196 -
1 1311(D) (RELATING TO USE OF FUNDS DISTRIBUTED) FOR FISCAL 2 YEAR 2006-2007. 3 (2) IN FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR 4 THEREAFTER, IF THE LOCAL MATCH REQUIRED UNDER THIS SUBSECTION 5 DOES NOT EQUAL 15%, THE LOCAL MATCH SHALL BE INCREASED 6 ANNUALLY IN AN AMOUNT NOT TO EXCEED 5% UNTIL THE LOCAL MATCH 7 EQUALS 15%. 8 (3) FOR FINANCIAL ASSISTANCE TO A LOCAL TRANSPORTATION 9 ORGANIZATION, ELIGIBLE LOCAL MATCHING FUNDS SHALL CONSIST 10 ONLY OF CASH CONTRIBUTIONS PROVIDED BY ONE OR MORE 11 MUNICIPALITIES OR COUNTIES THAT ARE MEMBERS OF THE LOCAL 12 TRANSPORTATION ORGANIZATION. THE AMOUNT OF THE MATCH AND THE 13 TIME PERIOD DURING WHICH THE MATCH MUST CONTINUE TO BE 14 AVAILABLE SHALL BE SPECIFIED IN THE FINANCIAL ASSISTANCE 15 AGREEMENT. FUNDING PROVIDED BY LOCAL AND PRIVATE ENTITIES, 16 INCLUDING ADVERTISING OR NAMING RIGHTS, MAY BE ELIGIBLE FOR 17 THE MATCH TO THE EXTENT THEY PROVIDE FOR THE COST OF TRANSIT 18 SERVICE THAT IS OPEN TO THE PUBLIC. THE FOLLOWING SHALL NOT 19 BE ELIGIBLE FOR A LOCAL MATCH: 20 (I) ANY FORM OF TRANSIT OPERATING REVENUE OR OTHER 21 FORMS OF TRANSIT INCOME PROVIDED BY THE LOCAL 22 TRANSPORTATION ORGANIZATION. 23 (II) FUNDS USED TO REPLACE FARES. 24 (4) A MUNICIPALITY IN A METROPOLITAN AREA WHICH IS A 25 MEMBER OF A LOCAL TRANSPORTATION ORGANIZATION IS AUTHORIZED 26 TO PROVIDE ANNUAL FINANCIAL ASSISTANCE FROM CURRENT REVENUES 27 TO THE LOCAL TRANSPORTATION ORGANIZATION OF WHICH IT IS A 28 MEMBER OR ENTER INTO A LONG-TERM AGREEMENT FOR PAYMENT OF 29 MONEY TO ASSIST IN DEFRAYING THE COSTS OF OPERATION, 30 MAINTENANCE AND DEBT SERVICE OF THE LOCAL TRANSPORTATION 20070H1590B2170 - 197 -
1 ORGANIZATION OR OF A PARTICULAR PUBLIC TRANSPORTATION PROJECT 2 OF A LOCAL TRANSPORTATION ORGANIZATION. THE OBLIGATION OF A 3 MUNICIPALITY UNDER AN AGREEMENT PURSUANT TO THIS PARAGRAPH 4 SHALL NOT BE CONSIDERED TO BE A PART OF THE INDEBTEDNESS OF 5 THE MUNICIPALITY, NOR SHALL THE OBLIGATION BE DEEMED TO 6 IMPAIR THE STATUS OF ANY INDEBTEDNESS OF THE MUNICIPALITY 7 WHICH WOULD OTHERWISE BE CONSIDERED SELF-SUSTAINING. 8 (E) PERFORMANCE REVIEWS.-- 9 (1) THE DEPARTMENT MAY CONDUCT PERFORMANCE REVIEWS OF AN 10 AWARD RECIPIENT UNDER THIS SECTION TO DETERMINE THE 11 EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL ASSISTANCE. 12 REVIEWS SHALL BE CONDUCTED AT REGULAR INTERVALS AS 13 ESTABLISHED BY THE DEPARTMENT IN CONSULTATION WITH THE 14 MANAGEMENT OF THE AWARD RECIPIENT. AFTER COMPLETION OF A 15 REVIEW, THE DEPARTMENT SHALL ISSUE A REPORT THAT: 16 (I) HIGHLIGHTS EXCEPTIONAL PERFORMANCE AND 17 IDENTIFIES ANY PROBLEMS THAT NEED TO BE RESOLVED; 18 (II) ASSESSES PERFORMANCE, EFFICIENCY AND 19 EFFECTIVENESS OF THE USE OF THE FINANCIAL ASSISTANCE; 20 (III) MAKES RECOMMENDATIONS ON FOLLOW-UP ACTIONS 21 REQUIRED TO REMEDY ANY PROBLEM IDENTIFIED; AND 22 (IV) PROVIDES AN ACTION PLAN DOCUMENTING WHO SHOULD 23 PERFORM THE RECOMMENDED ACTIONS AND A TIME FRAME WITHIN 24 WHICH THEY SHOULD BE PERFORMED. 25 (2) THE DEPARTMENT SHALL DELIVER THE REPORT TO THE 26 GOVERNOR, TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 27 TRANSPORTATION COMMITTEE OF THE SENATE AND TO THE CHAIRMAN 28 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE 29 HOUSE OF REPRESENTATIVES. THE DEPARTMENT'S REGULATIONS SHALL 30 CONTAIN A DESCRIPTION OF THE IMPACT ON BOTH THE AMOUNT OF, 20070H1590B2170 - 198 -
1 AND FUTURE ELIGIBILITY FOR, FINANCIAL ASSISTANCE UNDER THIS 2 CHAPTER BASED UPON THE DEGREE TO WHICH THE LOCAL 3 TRANSPORTATION ORGANIZATION COMPLIES WITH THE RECOMMENDATIONS 4 IN THE REPORT. THE DEPARTMENT SHALL DEVELOP A LIST OF BEST 5 PRACTICES REVEALED BY THE REPORTS ISSUED UNDER THIS 6 SUBSECTION AND SHALL POST THEM ON THE DEPARTMENT'S INTERNET 7 WEBSITE. 8 (F) PERFORMANCE CRITERIA.--CRITERIA USED FOR THE REVIEWS 9 CONDUCTED UNDER SUBSECTION (E) SHALL CONSIST OF PASSENGERS PER 10 REVENUE VEHICLE HOUR, OPERATING COSTS PER REVENUE VEHICLE HOUR, 11 OPERATING REVENUE PER REVENUE VEHICLE HOUR, OPERATING COSTS PER 12 PASSENGER AND OTHER ITEMS AS THE DEPARTMENT MAY ESTABLISH. THE 13 DEPARTMENT'S REGULATIONS SHALL SET FORTH THE MINIMUM SYSTEM 14 PERFORMANCE CRITERIA, BASED UPON COMPARISON OF THE AWARD 15 RECIPIENT TO ITS PAST PERFORMANCE AND TO ITS PEERS, THAT AN 16 AWARD RECIPIENT MUST SATISFY. 17 (G) FAILURE TO SATISFY MINIMUM PERFORMANCE CRITERIA.-- 18 (1) IF A PERFORMANCE REVIEW CONDUCTED UNDER SUBSECTION 19 (E) REVEALS THAT THE PERFORMANCE OF AN AWARD RECIPIENT'S 20 TRANSPORTATION SYSTEM HAS DECREASED COMPARED TO PERFORMANCE 21 DETERMINED THROUGH A PRIOR REVIEW, THE DEPARTMENT MAY, UPON 22 THE WRITTEN REQUEST OF AN AWARD RECIPIENT, WAIVE ANY 23 REQUIREMENT FOR A REDUCTION IN THE AMOUNT OF FINANCIAL 24 ASSISTANCE TO BE AWARDED UNDER THIS SECTION FOR A REASONABLE 25 TIME PERIOD TO ALLOW THE AWARD RECIPIENT TO BRING THE SYSTEM 26 BACK TO THE REQUIRED PERFORMANCE LEVEL. THE AWARD RECIPIENT 27 SHALL PROVIDE WRITTEN JUSTIFICATION FOR PROVIDING A TIME 28 PERIOD LONGER THAN TWO YEARS. IN ORDER TO OBTAIN THE WAIVER 29 FOR THE PERIOD REQUESTED, THE AWARD RECIPIENT MUST DO ALL OF 30 THE FOLLOWING: 20070H1590B2170 - 199 -
1 (I) DEVELOP AN ACTION PLAN TO IMPROVE SYSTEM 2 PERFORMANCE THAT CONTAINS KEY MEASURABLE MILESTONES. THE 3 ACTION PLAN MUST BE ACCEPTABLE TO THE DEPARTMENT AND MUST 4 BE APPROVED BY THE DEPARTMENT IN WRITING. 5 (II) SUBMIT QUARTERLY PROGRESS REPORTS ON THE ACTION 6 PLAN TO THE DEPARTMENT. 7 (2) THE DEPARTMENT SHALL REVIEW AND EVALUATE THE AWARD 8 RECIPIENT'S PROGRESS TO DETERMINE IF THE SYSTEM HAS IMPROVED. 9 IF THE SYSTEM HAS IMPROVED, THE AWARD RECIPIENT WILL REMAIN 10 ELIGIBLE FOR FULL FORMULA FUNDING AS DETERMINED UNDER 11 SUBSECTION (C). IF THE SYSTEM HAS NOT IMPROVED BY THE END OF 12 THE WAIVER PERIOD, THE WAIVER WILL BE WITHDRAWN. EXPENSES 13 INCURRED BY THE AWARD RECIPIENT AS A RESULT OF THE FAILURE OF 14 THE AWARD RECIPIENT'S SYSTEM TO MEET THE MINIMUM PERFORMANCE 15 CRITERIA SHALL BE BORNE BY THE AWARD RECIPIENT. 16 (H) ADJUSTMENTS TO MINIMUM PERFORMANCE CRITERIA.--UPON 17 WRITTEN REQUEST OF AN AWARD RECIPIENT, THE DEPARTMENT MAY ADJUST 18 THE MINIMUM PERFORMANCE CRITERIA DESCRIBED IN SUBSECTION (G) IN 19 A GIVEN YEAR IF THE PERFORMANCE OF THE AWARD RECIPIENT'S SYSTEM 20 IS ADVERSELY AFFECTED BY CIRCUMSTANCES WHICH ARE BEYOND THE 21 AWARD RECIPIENT'S CONTROL. EXAMPLES ARE LABOR STRIKES, 22 INFRASTRUCTURE FAILURES AND NATURAL DISASTERS. THE REQUEST MUST 23 INCLUDE THE AWARD RECIPIENT'S REASONS FOR SEEKING THE 24 ADJUSTMENT. 25 § 1514. ASSET IMPROVEMENT PROGRAM. 26 (A) ELIGIBLE APPLICANTS.-- 27 (1) THE FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE FOR 28 IMPROVEMENT, REPLACEMENT OR EXPANSION OF CAPITAL PROJECTS 29 UNDER THIS SECTION: 30 (I) A LOCAL TRANSPORTATION ORGANIZATION. 20070H1590B2170 - 200 -
1 (II) AN AGENCY OR INSTRUMENTALITY OF THE 2 COMMONWEALTH. 3 (III) A PERSON RESPONSIBLE FOR COORDINATING 4 COMMUNITY TRANSPORTATION PROGRAM SERVICES. 5 (IV) ANY OTHER PERSON THE DEPARTMENT DEEMS TO BE 6 ELIGIBLE. 7 (2) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN FOUR-YEAR 8 AND 12-YEAR PLANS THAT SUMMARIZE THE CAPITAL PROJECTS AND 9 FINANCIAL ASSISTANCE COMMITMENTS FOR EACH APPLICANT. THE 10 DEPARTMENT MAY ENTER INTO MULTIYEAR AGREEMENTS TO PROVIDE 11 FINANCIAL ASSISTANCE FOR CAPITAL PROJECTS BASED UPON CASH 12 FLOW AND REVENUE PROJECTIONS FOR THE FUND. EACH CAPITAL 13 PROJECT SHALL BE BASED ON THE PLAN DEVELOPED BY THE 14 DEPARTMENT. 15 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 16 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 17 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 18 INCLUDE THE FOLLOWING: 19 (1) EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE 20 PROPOSED CAPITAL PROJECT IS INCLUDED IN THE FIRST YEAR OF THE 21 APPLICANT'S FOUR-YEAR CAPITAL PLAN AND ITS FEDERALLY APPROVED 22 TRANSPORTATION IMPROVEMENT PROGRAM. 23 (2) IF AN APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 24 FOR REPLACEMENT OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY 25 TO THE DEPARTMENT THAT THE CAPITAL PROJECT TO BE REPLACED HAS 26 EXCEEDED THE USEFUL LIFE CRITERIA AS DEFINED BY THE 27 DEPARTMENT. AT ITS DISCRETION, THE DEPARTMENT MAY APPROVE 28 FUNDING TO REPLACE A CAPITAL PROJECT THAT DOES NOT EXCEED THE 29 USEFUL LIFE CRITERIA IF THE APPLICANT PROVIDES DOCUMENTATION 30 ACCEPTABLE TO THE DEPARTMENT TO JUSTIFY THE EARLY REPLACEMENT 20070H1590B2170 - 201 -
1 OF THE CAPITAL PROJECT. 2 (3) IF THE APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 3 FOR EXPANSION OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY TO 4 THE DEPARTMENT THAT THE APPLICANT WILL HAVE SUFFICIENT FUTURE 5 ANNUAL OPERATING FUNDS TO SUPPORT THE PROPOSED EXPANSION. 6 (4) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT, 7 INCLUDING A RETURN ON INVESTMENT ANALYSIS OR A LIFE CYCLE 8 COST ANALYSIS, OR BOTH. 9 (C) LOCAL MATCH REQUIREMENTS.--FINANCIAL ASSISTANCE UNDER 10 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 11 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 12 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THE LOCAL 13 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) 14 (RELATING TO OPERATING PROGRAM). 15 (D) CONDITIONS FOR RECEIPT OF BOND FUNDING.--FINANCIAL 16 ASSISTANCE THAT IS FUNDED BY PROCEEDS OF COMMONWEALTH CAPITAL 17 BONDS MAY BE PROVIDED TO AN APPLICANT IF ALL OF THE FOLLOWING 18 CONDITIONS ARE MET: 19 (1) THE APPLICANT'S CAPITAL PROJECT HAS BEEN AUTHORIZED 20 BY A CAPITAL BUDGET PROJECT ITEMIZATION ACT. 21 (2) THE APPLICANT'S CAPITAL PROJECT WAS INCLUDED IN THE 22 DEPARTMENT'S APPROVED ANNUAL RELEASE REQUEST APPROVING THE 23 USE OF THE FUNDS FOR THE PROPOSED CAPITAL PROJECT IN THE 24 FISCAL YEAR IN WHICH THE FUNDS ARE EXPECTED TO BE EXPENDED. 25 (3) THE DEPARTMENT HAS APPROVED THE UNDERLYING 26 APPLICATION FOR THE CAPITAL PROJECT. 27 (4) THE CAPITAL PROJECT HAS A USEFUL LIFE OF 20 YEARS OR 28 LONGER. 29 (E) PRIORITIES.--THE AWARD OF FINANCIAL ASSISTANCE UNDER 30 THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING SET OF PRIORITIES 20070H1590B2170 - 202 -
1 IN DESCENDING ORDER OF SIGNIFICANCE UNLESS A COMPELLING RETURN 2 ON INVESTMENT ANALYSIS FOR A PROJECT IN A LOWER CATEGORY IS 3 PROVIDED TO AND APPROVED BY THE DEPARTMENT: 4 (1) REQUESTS FOR FUNDS REQUIRED TO SUPPORT EXISTING 5 LOCAL BOND ISSUES CURRENTLY SUPPORTED WITH STATE REVENUE 6 SOURCES, SUCH AS DEBT SERVICE AND ASSET LEASES. THE 7 COMMONWEALTH PLEDGES TO AND AGREES WITH ANY PERSON, FIRM OR 8 CORPORATION HOLDING ANY BONDS PREVIOUSLY ISSUED BY, OR ANY 9 OTHER DEBT INCURRED BY, A LOCAL TRANSPORTATION ORGANIZATION, 10 AND SECURED IN WHOLE OR PART BY A PLEDGE OF THE FUNDS 11 PROVIDED TO THE LOCAL TRANSPORTATION ORGANIZATION FROM THE 12 FUND THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS 13 VESTED IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER 14 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION 15 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION 16 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT 17 INCURRED, TOGETHER WITH THE INTEREST THEREON, IS FULLY PAID 18 OR PROVIDED FOR. 19 (2) REQUESTS FOR FUNDS REQUIRED TO MATCH FEDERALLY 20 APPROVED CAPITAL PROJECTS FUNDED UNDER 49 U.S.C. §§ 5307 21 (RELATING TO URBANIZED AREA FORMULA GRANTS) AND 5309 22 (RELATING TO CAPITAL INVESTMENT GRANTS AND LOANS) AND OTHER 23 FEDERALLY APPROVED CAPITAL PROJECTS. 24 (3) OTHER NON-FEDERAL CAPITAL PROJECTS AS DETERMINED BY 25 THE DEPARTMENT, WHICH SHALL BE FURTHER SUBJECT TO THE 26 FOLLOWING SET OF PRIORITIES IN DESCENDING ORDER OF 27 SIGNIFICANCE: 28 (I) ESSENTIAL EMERGENCY ASSET IMPROVEMENT PROJECTS. 29 (II) STANDARD REPLACEMENT OF EXISTING ASSETS THAT 30 HAVE EXCEEDED THEIR USEFUL LIFE. 20070H1590B2170 - 203 -
1 (III) ASSET IMPROVEMENT PROJECTS TO EXTEND THE 2 USEFUL LIFE OF THE AFFECTED ASSETS. 3 (IV) ACQUISITION OF NEW ASSETS AND OTHER ACCEPTABLE 4 PURPOSES, OTHER THAN PROJECTS TO BE FUNDED UNDER THE NEW 5 INITIATIVES PROGRAM DESCRIBED IN SECTION 1515 (RELATING 6 TO NEW INITIATIVES PROGRAM) AS DETERMINED BY THE 7 DEPARTMENT. 8 (F) BONDING BY AWARD RECIPIENTS.--WITH THE APPROVAL OF THE 9 DEPARTMENT, AN AWARD RECIPIENT THAT IS PERMITTED BY LAW TO ISSUE 10 BONDS MAY DO SO FOR THE PURPOSE OF FINANCING A MULTIYEAR CAPITAL 11 PROJECT. THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT WITH THE 12 AWARD RECIPIENT PROVIDING THAT PAYMENTS OF THE AWARDED FUNDS 13 SUFFICIENT TO SATISFY REQUIREMENTS OF THE BONDS ISSUED BE MADE 14 DIRECTLY TO THE TRUSTEE OF THE BOND HOLDERS UNTIL SUCH TIME AS 15 THE BONDS ARE RETIRED. 16 § 1515. NEW INITIATIVES PROGRAM. 17 (A) ELIGIBLE APPLICANTS.--PERSONS ELIGIBLE TO APPLY FOR 18 FINANCIAL ASSISTANCE UNDER SECTION 1514 (RELATING TO ASSET 19 IMPROVEMENT PROGRAM) SHALL ALSO BE ELIGIBLE TO APPLY FOR 20 FINANCIAL ASSISTANCE FOR NEW OR EXPANSIONS OF FIXED GUIDEWAY 21 SYSTEMS UNDER THIS SECTION. 22 (B) APPLICATIONS.--IN ADDITION TO THE INFORMATION REQUIRED 23 UNDER SECTION 1507 (RELATING TO APPLICATION AND APPROVAL 24 PROCESS), AN APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS 25 SECTION SHALL INCLUDE ALL OF THE INFORMATION REQUIRED IN AN 26 APPLICATION FOR FINANCIAL ASSISTANCE UNDER SECTION 1514 27 (RELATING TO ASSET IMPROVEMENT PROGRAM). IF THE APPLICATION IS 28 FOR A PROPOSED EXPANSION OF A CAPITAL PROJECT, THE APPLICATION 29 SHALL ALSO INCLUDE EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT 30 THE APPLICANT WILL HAVE SUFFICIENT FUTURE ANNUAL OPERATING FUNDS 20070H1590B2170 - 204 -
1 TO SUPPORT THE PROPOSED EXPANSION. 2 (C) SOURCE OF FUNDS AND PRIORITIES.-- 3 (1) SUMS ALLOCATED FOR THE ASSET IMPROVEMENT PROGRAM 4 UNDER SECTION 1506(E)(2) (RELATING TO FUND), UP TO A MAXIMUM 5 OF $50,000,000 ANNUALLY, MAY BE USED BY THE DEPARTMENT TO 6 PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION. 7 (2) IN AWARDING FINANCIAL ASSISTANCE UNDER THIS SECTION, 8 THE DEPARTMENT SHALL GIVE PRIORITY TO APPLICANTS THAT INTEND 9 TO USE THE FUNDS TO SATISFY THE LOCAL MATCHING PORTION OF 10 FEDERALLY APPROVED NEW STARTS PROJECTS FUNDED PURSUANT TO 49 11 U.S.C. § 5309 (RELATING TO CAPITAL INVESTMENT GRANTS AND 12 LOANS). THE DEPARTMENT MAY FUND PROJECTS THAT DO NOT RECEIVE 13 FUNDING FROM THE FEDERAL NEW STARTS PROGRAM IF THE APPLICANT 14 CAN PROVIDE SUFFICIENT EVIDENCE THAT THE PROJECT CAN MEET ALL 15 OF THE FOLLOWING REQUIREMENTS: 16 (I) INVESTMENTS IN EXISTING SERVICE AREAS HAVE BEEN 17 OPTIMIZED. 18 (II) AN ANALYSIS REVEALS A REASONABLE RETURN ON 19 INVESTMENT. 20 (III) THE PUBLIC BENEFIT OF THE PROJECT HAS BEEN 21 IDENTIFIED. 22 (IV) THERE EXISTS A LOCAL DEDICATED FUNDING COMMITMENT 23 TO PAY ANY REQUIRED LOCAL MATCH FOR THE PROJECT AND ONGOING 24 OPERATING COSTS. 25 (V) THERE EXISTS LOCAL TECHNICAL ABILITY AND CAPACITY TO 26 MANAGE, CONSTRUCT AND OPERATE THE PROJECT. 27 (VI) THE PROJECT IS SUPPORTED BY THE ADOPTION OF AN 28 INTEGRATED LAND USE PLAN BY LOCAL MUNICIPALITIES. 29 (D) LOCAL MATCH REQUIREMENT.--FINANCIAL ASSISTANCE UNDER 30 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 20070H1590B2170 - 205 -
1 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 2 ASSISTANCE BEING PROVIDED. 3 § 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 4 (A) GENERAL RULE.--MONEY IN THE FUND ALLOCATED FOR PROGRAMS 5 OF STATEWIDE SIGNIFICANCE SHALL BE USED BY THE DEPARTMENT TO 6 SUPPORT PUBLIC TRANSPORTATION PROGRAMS, ACTIVITIES AND SERVICES 7 NOT OTHERWISE FULLY FUNDED THROUGH THE OPERATING PROGRAM, 8 CAPITAL PROGRAM OR ASSET IMPROVEMENT PROGRAM. IN ADDITION TO ANY 9 REQUIREMENTS CONTAINED IN THIS SECTION, APPLICATIONS MUST COMPLY 10 WITH THE SECTION 1507 (RELATING TO APPLICATION AND APPROVAL 11 PROCESS). PROGRAMS OF STATEWIDE SIGNIFICANCE SHALL INCLUDE: 12 (1) THE PERSONS WITH DISABILITIES PROGRAM. 13 (2) INTERCITY RAIL AND BUS SERVICES. 14 (3) COMMUNITY TRANSPORTATION CAPITAL AND SERVICE 15 STABILIZATION. 16 (4) THE WELFARE TO WORK PROGRAM AND MATCHING FUNDS FOR 17 FEDERAL PROGRAMS WITH SIMILAR INTENT. 18 (5) DEMONSTRATION AND RESEARCH PROJECTS. 19 (6) TECHNICAL ASSISTANCE. 20 (7) OTHER PROGRAMS AS DETERMINED BY THE DEPARTMENT. 21 (8) THE DEPARTMENT'S COSTS UNDER SECTION 1510(B) 22 (RELATING TO PROGRAM OVERSIGHT AND ADMINISTRATION) AND 23 SECTION 1518 (RELATING TO PROGRAM OVERSIGHT AND 24 ADMINISTRATION). 25 (B) PERSONS WITH DISABILITIES.--THE DEPARTMENT SHALL 26 ESTABLISH AND ADMINISTER A PROGRAM PROVIDING REDUCED FARES TO 27 PERSONS WITH DISABILITIES ON COMMUNITY TRANSPORTATION SERVICES 28 AND TO PROVIDE FINANCIAL ASSISTANCE FOR START-UP, ADMINISTRATIVE 29 AND CAPITAL EXPENSES RELATED TO REDUCED FARES FOR PERSONS WITH 30 DISABILITIES. ALL OF THE FOLLOWING SHALL APPLY: 20070H1590B2170 - 206 -
1 (1) A COMMUNITY TRANSPORTATION SYSTEM OPERATING IN THE 2 COMMONWEALTH OTHER THAN IN COUNTIES OF THE FIRST AND SECOND 3 CLASS MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 4 SUBSECTION. 5 (2) THE DEPARTMENT MAY AWARD FINANCIAL ASSISTANCE UNDER 6 THIS SUBSECTION FOR PROGRAM START-UP AND FOR CONTINUING 7 CAPITAL EXPENSES TO OFFSET ADMINISTRATIVE AND CAPITAL 8 EXPENSES. FOR COMMUNITY TRANSPORTATION TRIPS MADE BY ELIGIBLE 9 PERSONS WITH DISABILITIES, FINANCIAL ASSISTANCE MAY BE 10 AWARDED TO AN ELIGIBLE COMMUNITY TRANSPORTATION SYSTEM TO 11 REIMBURSE THE SYSTEM FOR UP TO 85% OF THE FARE ESTABLISHED 12 FOR THE GENERAL PUBLIC FOR EACH TRIP WHICH IS OUTSIDE OF A 13 FIXED-ROUTE AND PARATRANSIT SERVICE AREAS AND NOT ELIGIBLE 14 FOR FUNDING FROM ANY OTHER PROGRAM OR FUNDING SOURCE. THE 15 PERSON MAKING THE TRIP OR AN APPROVED THIRD-PARTY SPONSOR 16 SHALL CONTRIBUTE THE GREATER OF 15% OF THE FARE ESTABLISHED 17 FOR THE GENERAL PUBLIC OR THE AMERICANS WITH DISABILITIES ACT 18 COMPLEMENTARY PARATRANSIT FARE. 19 (C) INTERCITY TRANSPORTATION.--THE DEPARTMENT IS AUTHORIZED 20 TO PROVIDE FINANCIAL ASSISTANCE FOR AN EFFICIENT AND COORDINATED 21 INTERCITY COMMON CARRIER SURFACE TRANSPORTATION PROGRAM, 22 CONSISTING OF BOTH INTERCITY RAIL AND INTERCITY BUS 23 TRANSPORTATION, WITH THE INTENT OF SUSTAINING STRONG INTERCITY 24 CONNECTIONS. ALL OF THE FOLLOWING SHALL APPLY: 25 (1) AN INTERCITY PASSENGER RAIL SERVICE PROVIDER, A 26 LOCAL TRANSPORTATION ORGANIZATION, AN AGENCY OR 27 INSTRUMENTALITY OF THE COMMONWEALTH OR A TRANSPORTATION 28 COMPANY THAT PROVIDES INTERCITY PUBLIC TRANSPORTATION SERVICE 29 MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. THE 30 DEPARTMENT IS AUTHORIZED TO ENTER INTO JOINT SERVICE 20070H1590B2170 - 207 -
1 AGREEMENTS WITH A RAILROAD COMPANY, ANY OTHER AGENCY OR 2 INSTRUMENTALITY OF THE COMMONWEALTH, A FEDERAL AGENCY OR AN 3 AGENCY OR INSTRUMENTALITY OF ANY OTHER JURISDICTION RELATING 4 TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, 5 RATES, FARES, CLASSIFICATIONS, DIVIDENDS, ALLOWANCES OR 6 CHARGES, INCLUDING CHARGES BETWEEN INTERCITY RAIL PASSENGER 7 SERVICE FACILITIES, OR RULES OR REGULATIONS PERTAINING 8 THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO 9 TRANSPORTATION IN WHOLE OR IN PART UPON INTERCITY RAIL 10 PASSENGER SERVICE FACILITIES. 11 (2) OPERATING ASSISTANCE AND CAPITAL ASSISTANCE MAY BE 12 PROVIDED FOR INTERCITY BUS AND RAIL SERVICES AS DETERMINED BY 13 THE DEPARTMENT. 14 (3) FOR FINANCIAL ASSISTANCE TO A TRANSPORTATION 15 COMPANY, ELIGIBLE MATCHING FUNDS SHALL CONSIST ONLY OF CASH 16 INCOME GENERATED BY THE TRANSPORTATION COMPANY FROM ITS 17 ACTIVITIES, OTHER THAN THE PROVISION OF SUBSIDIZED PUBLIC 18 PASSENGER TRANSPORTATION SERVICE, AND CONTRIBUTED BY THE 19 TRANSPORTATION COMPANY IN THE AMOUNT AND FOR THE TIME PERIOD 20 SPECIFIED IN THE FINANCIAL ASSISTANCE AGREEMENT. 21 (4) LOCAL MATCH REQUIREMENTS ARE AS FOLLOWS: 22 (I) FOR INTERCITY BUS OPERATING AND CAPITAL 23 ASSISTANCE, FINANCIAL ASSISTANCE SHALL REQUIRE A LOCAL 24 MATCH BY LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT EQUAL 25 TO AT LEAST 100% OF THE AMOUNT OF THE FINANCIAL 26 ASSISTANCE BEING PROVIDED. 27 (II) FOR INTERCITY RAIL OPERATING AND CAPITAL 28 ASSISTANCE, FINANCIAL ASSISTANCE SHALL REQUIRE A LOCAL 29 MATCH ON A CASE-BY-CASE BASIS, TAKING INTO ACCOUNT THE 30 BEST INTERESTS OF THE COMMONWEALTH. 20070H1590B2170 - 208 -
1 (5) FOR PURPOSES OF THIS SUBSECTION, "LOCAL MATCH" IS 2 DEFINED AS LOCAL REVENUE OBTAINED FROM OTHER NONSUBSIDIZED 3 SERVICES, SUCH AS CHARTER, SCHOOL BUS OR PROFITS REALIZED 4 FROM OTHER INTERCITY BUS SERVICES. LOCAL MATCH SHALL NOT 5 INCLUDE ANY FUNDS RECEIVED FROM FEDERAL OR STATE SOURCES. 6 (D) COMMUNITY TRANSPORTATION.-- 7 (1) THE DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL 8 ASSISTANCE UNDER THIS SECTION FOR ALL OF THE FOLLOWING: 9 (I) CAPITAL EXPENDITURES FOR THE PROVISION OF 10 COMMUNITY TRANSPORTATION SERVICE; AND 11 (II) SERVICE STABILIZATION, INCLUDING: 12 (A) STABILIZING CURRENT SERVICE AND FARES. 13 (B) PROVIDING ADVICE OR TECHNICAL ASSISTANCE TO 14 ANALYZE AND ENHANCE COMMUNITY TRANSPORTATION SYSTEM 15 RESOURCES AND SERVICES. 16 (C) MAXIMIZING AVAILABLE FUNDING INCLUDING 17 FEDERAL DOLLARS. 18 (D) ENSURING EQUITABLE COST SHARING. 19 (2) SUBJECT TO THE LIMITATIONS OF THIS SUBSECTION, THE 20 FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 21 SUBSECTION: 22 (I) THE GOVERNING BODY OF A COUNTY, OTHER THAN A 23 COUNTY OF THE FIRST OR SECOND CLASS. 24 (II) A TRANSPORTATION COMPANY DESIGNATED BY THE 25 GOVERNING BODY OF THE COUNTY AS THE COORDINATOR OF 26 COMMUNITY TRANSPORTATION SERVICE. 27 (III) AN AGENCY OR INSTRUMENTALITY OF THE 28 COMMONWEALTH 29 (2.1) EACH ELIGIBLE APPLICANT SHALL BE SUBJECT TO ALL OF 30 THE FOLLOWING REQUIREMENTS: 20070H1590B2170 - 209 -
1 (I) AN APPLICANT FOR FINANCIAL ASSISTANCE FOR 2 CAPITAL EXPENDITURES FOR THE PROVISION OF PUBLIC 3 COMMUNITY TRANSPORTATION SERVICE SHALL CERTIFY TO THE 4 DEPARTMENT THAT IT HAS TAKEN ALL REASONABLE STEPS TO 5 COORDINATE LOCAL SERVICE FOR THE ELDERLY AND PERSONS WITH 6 DISABILITIES AND THAT THE SERVICES TO BE OFFERED WITH THE 7 CAPITAL ASSETS DO NOT DUPLICATE EXISTING FIXED-ROUTE 8 SERVICES. 9 (II) THE GOVERNING BODY OF A COUNTY OR THE 10 COORDINATOR DESCRIBED UNDER THIS PARAGRAPH SHALL NOT BE 11 ELIGIBLE FOR FINANCIAL ASSISTANCE FOR SERVICE 12 STABILIZATION IF ANY OF THE FOLLOWING APPLY: 13 (A) THE COORDINATOR RECEIVES FINANCIAL 14 ASSISTANCE UNDER THE OPERATING PROGRAM ESTABLISHED 15 UNDER THIS CHAPTER. 16 (B) THE COORDINATOR IS A PRIVATE FOR-PROFIT 17 PROVIDER. 18 (3) FINANCIAL ASSISTANCE FOR SERVICE STABILIZATION MAY 19 ONLY BE PROVIDED FOR THE FOLLOWING PURPOSES: 20 (I) SHORT-TERM, LONG-TERM AND STRATEGIC PLANNING. 21 (II) TECHNOLOGY INVESTMENT. 22 (III) TRAINING PROGRAMS DESIGNED TO ENHANCE 23 TRANSPORTATION MANAGEMENT AND STAFF EXPERTISE. 24 (IV) OFFSETTING OPERATING EXPENSES THAT CANNOT BE 25 COVERED BY FARE REVENUE DUE TO EMERGENCIES. 26 (V) MARKETING ACTIVITIES. 27 (VI) OTHER STABILIZATION PURPOSES APPROVED BY THE 28 DEPARTMENT. 29 (4) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 30 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 20070H1590B2170 - 210 -
1 FEDERAL FUNDING TO SUPPORT CAPITAL PROJECTS FOR COMMUNITY 2 TRANSPORTATION SYSTEMS. 3 (5) THE DEPARTMENT SHALL CONDUCT A STUDY TO EVALUATE THE 4 EFFECTIVENESS AND EFFICIENCY OF COMMUNITY TRANSPORTATION 5 SERVICE DELIVERY AS IT RELATES TO HUMAN SERVICE PROGRAMS. THE 6 DEPARTMENT OF PUBLIC WELFARE, THE OFFICE OF THE BUDGET AND 7 THE DEPARTMENT OF AGING AND OTHER APPROPRIATE COMMONWEALTH 8 AGENCIES IDENTIFIED BY THE DEPARTMENT SHALL PARTICIPATE IN 9 THE STUDY. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF 10 THIS SECTION, THESE AGENCIES SHALL MAKE RECOMMENDATIONS TO 11 THE GOVERNOR AND THE MAJORITY AND MINORITY CHAIRPERSONS OF 12 THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE MAJORITY 13 AND MINORITY CHAIRPERSONS OF THE TRANSPORTATION COMMITTEE OF 14 THE HOUSE OF REPRESENTATIVES FOR IMPROVING COORDINATION AND 15 EFFICIENCY OF HUMAN SERVICES AND COMMUNITY TRANSPORTATION. 16 (D.1) WELFARE-TO-WORK AND FEDERAL PROGRAMS MATCH.--THE 17 DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER 18 THIS SECTION TO DESIGN AND IMPLEMENT PROJECTS AND SERVICES AND 19 TO REIMBURSE AWARD RECIPIENTS FOR THE EXPENSES ASSOCIATED WITH 20 THE PROJECTS AND SERVICES THAT IDENTIFY AND ADDRESS PUBLIC 21 PASSENGER TRANSPORTATION AND RELATED BARRIERS PREVENTING 22 INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN THE FEDERAL WELFARE- 23 TO-WORK PROGRAM FROM SECURING AND MAINTAINING EMPLOYMENT AND 24 FROM ACCESSING COMMUNITY SERVICES AND FACILITIES. ALL OF THE 25 FOLLOWING SHALL APPLY: 26 (1) A LOCAL TRANSPORTATION ORGANIZATION, A 27 TRANSPORTATION COMPANY DESIGNATED BY A COUNTY AS THE 28 COORDINATOR OF COMMUNITY TRANSPORTATION SERVICES OR ANY OTHER 29 PERSON APPROVED BY THE DEPARTMENT MAY APPLY TO THE DEPARTMENT 30 FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 20070H1590B2170 - 211 -
1 (2) FINANCIAL ASSISTANCE AWARDED UNDER THIS SUBSECTION 2 SHALL BE USED FOR ANY OF THE FOLLOWING PURPOSES: 3 (I) FIXED-ROUTE SERVICE SUBSIDY. 4 (II) CONTRACTED TRANSPORTATION SERVICES. 5 (III) FIXED-ROUTE FARE DISCOUNTS. 6 (IV) COMMUNITY TRANSPORTATION FARE DISCOUNTS. 7 (V) TAXI FARE DISCOUNTS. 8 (VI) MILEAGE REIMBURSEMENT. 9 (VII) VEHICLE PURCHASE, INSURANCE, MAINTENANCE AND 10 REPAIR. 11 (VIII) DRIVER EDUCATION CLASSES. 12 (IX) ADMINISTRATIVE EXPENSES. 13 (X) CASE MANAGEMENT EXPENSES. 14 (XI) ANY OTHER ACTIVITIES CONSISTENT WITH THE 15 TRANSPORTATION RELATED ELEMENTS OF THE WELFARE-TO-WORK 16 PROGRAM. 17 (3) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 18 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 19 FEDERAL FUNDING TO SUPPORT PROJECTS WITH SIMILAR PURPOSES AND 20 ELIGIBLE USES, INCLUDING THE FEDERAL JOB ACCESS REVERSE 21 COMMUTE AND NEW FREEDOMS PROGRAMS. 22 (E) TECHNICAL ASSISTANCE AND DEMONSTRATION.--THE DEPARTMENT 23 IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION 24 FOR TECHNICAL ASSISTANCE, RESEARCH AND SHORT-TERM DEMONSTRATION 25 PROJECTS. ALL OF THE FOLLOWING SHALL APPLY: 26 (1) A LOCAL TRANSPORTATION ORGANIZATION OR AN AGENCY OR 27 INSTRUMENTALITY OF THE COMMONWEALTH MAY APPLY TO THE 28 DEPARTMENT FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 29 (2) FINANCIAL ASSISTANCE PROVIDED UNDER THIS SUBSECTION 30 MAY BE USED FOR REIMBURSEMENT FOR ANY APPROVED OPERATING OR 20070H1590B2170 - 212 -
1 CAPITAL COSTS RELATED TO TECHNICAL ASSISTANCE AND 2 DEMONSTRATION PROGRAM PROJECTS. FINANCIAL ASSISTANCE FOR 3 SHORT-TERM DEMONSTRATION PROJECTS MAY BE PROVIDED AT THE 4 DEPARTMENT'S DISCRETION ON AN ANNUAL BASIS BASED ON THE LEVEL 5 OF FINANCIAL COMMITMENT PROVIDED BY THE AWARD RECIPIENT TO 6 PROVIDE ONGOING FUTURE FUNDING FOR THE PROJECT AS SOON AS THE 7 PROJECT MEETS THE CRITERIA ESTABLISHED BY THE DEPARTMENT AND 8 THE AWARD RECIPIENT. FINANCIAL ASSISTANCE FOR THIS PURPOSE 9 SHALL NOT BE PROVIDED FOR MORE THAN THREE FISCAL YEARS. 10 FINANCIAL ASSISTANCE MAY BE PROVIDED TO MEET ANY SHORT-TERM 11 EMERGENCY NEED THAT REQUIRES IMMEDIATE ATTENTION AND CANNOT 12 BE FUNDED THROUGH OTHER SOURCES. 13 (3) FINANCIAL ASSISTANCE UNDER THIS SUBSECTION PROVIDED 14 TO A LOCAL TRANSPORTATION ORGANIZATION SHALL BE MATCHED BY 15 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN 16 3.33% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE BEING 17 PROVIDED. THE SOURCES OF FUNDS FOR THE LOCAL MATCH SHALL BE 18 SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) (RELATING TO 19 OPERATING PROGRAM). 20 § 1517. CAPITAL IMPROVEMENTS PROGRAM. 21 (A) ELIGIBILITY.--A LOCAL TRANSPORTATION ORGANIZATION MAY 22 APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SECTION. 23 (B) APPLICATIONS.--THE DEPARTMENT SHALL ESTABLISH THE 24 CONTENTS OF THE APPLICATION FOR THE PROGRAM ESTABLISHED UNDER 25 THIS SECTION. THE INFORMATION SHALL BE IN ADDITION TO 26 INFORMATION REQUIRED UNDER SECTION 1507 (RELATING TO APPLICATION 27 AND APPROVAL PROCESS). 28 (C) DISTRIBUTION FORMULA.--THE DEPARTMENT SHALL AWARD 29 FINANCIAL ASSISTANCE UNDER THIS PROGRAM BASED ON THE NUMBER OF 30 PASSENGERS. THE ACTUAL AMOUNT AWARDED TO A LOCAL TRANSPORTATION 20070H1590B2170 - 213 -
1 ORGANIZATION UNDER THIS SUBSECTION SHALL BE CALCULATED AS 2 FOLLOWS: 3 (1) MULTIPLY THE LOCAL TRANSPORTATION ORGANIZATION'S 4 PASSENGERS BY THE TOTAL AMOUNT OF FUNDING AVAILABLE UNDER 5 THIS SECTION. 6 (2) DIVIDE THE PRODUCT UNDER PARAGRAPH (1) BY THE SUM OF 7 THE PASSENGERS FOR ALL QUALIFYING LOCAL TRANSPORTATION 8 ORGANIZATIONS. 9 (D) PAYMENTS.--FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 10 BE PAID TO LOCAL TRANSPORTATION ORGANIZATIONS AT LEAST 11 QUARTERLY. 12 (E) REDUCTION IN FINANCIAL ASSISTANCE.--LOCAL TRANSPORTATION 13 ORGANIZATIONS RECEIVING FINANCIAL ASSISTANCE UNDER THIS SECTION 14 SHALL HAVE THEIR FINANCIAL ASSISTANCE FROM THIS PROGRAM REDUCED 15 BY AN AMOUNT EQUAL TO ANY FINANCIAL ASSISTANCE RECEIVED 16 PREVIOUSLY UNDER THIS PROGRAM WHICH HAS NOT BEEN SPENT OR 17 COMMITTED IN A CONTRACT WITHIN THREE YEARS OF ITS RECEIPT. 18 § 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 19 THE DEPARTMENT IS AUTHORIZED TO USE AVAILABLE MONEY IN THE 20 FUND TO COVER THE COSTS INCURRED BY THE DEPARTMENT IN 21 ADMINISTERING ALL OF ITS PUBLIC PASSENGER TRANSPORTATION FUNDING 22 PROGRAMS, INCLUDING THOSE ESTABLISHED UNDER THIS CHAPTER, AND 23 INCURRED IN THE CARRYING OUT OF ITS RESPONSIBILITIES WITH 24 RESPECT TO THE PROGRAMS. 25 § 1519. RETROACTIVE AUTHORITY. 26 (A) DATE OF PROJECT.--FINANCIAL ASSISTANCE MAY BE AWARDED 27 UNDER THIS CHAPTER BY THE DEPARTMENT WITH REFERENCE TO AN 28 APPROPRIATE PROJECT IRRESPECTIVE OF WHEN IT WAS FIRST COMMENCED 29 OR CONSIDERED AND REGARDLESS OF WHETHER COSTS WITH RESPECT TO 30 THE PROJECT WERE INCURRED PRIOR TO THE TIME THE FINANCIAL 20070H1590B2170 - 214 -
1 ASSISTANCE IS APPLIED FOR OR PROVIDED. 2 (B) CAPITAL PROJECTS.-- 3 (1) FOR CAPITAL PROJECTS, THE APPLICANT MUST OBTAIN 4 WRITTEN APPROVAL FROM THE DEPARTMENT PRIOR TO INCURRING ANY 5 EXPENSES FOR WHICH THE APPLICANT MAY LATER SEEK 6 REIMBURSEMENT. 7 (2) NOTWITHSTANDING PARAGRAPH (1), APPROVAL BY THE 8 DEPARTMENT SHALL NOT CONSTITUTE AN APPROVAL OF THE 9 APPLICANT'S UNDERLYING REQUEST FOR FINANCIAL ASSISTANCE. 10 (3) BY PROVIDING PREAPPROVAL UNDER THIS SUBSECTION, THE 11 DEPARTMENT MAY RECOGNIZE ANY LOCAL FUNDS ALREADY EXPENDED AS 12 SATISFYING THE LOCAL MATCH REQUIREMENT IF AND WHEN THE 13 APPLICANT'S APPLICATION IS APPROVED. 14 SECTION 4. TITLE 74 IS AMENDED BY ADDING CHAPTERS TO READ: 15 CHAPTER 81 16 TURNPIKE 17 SEC. 18 8101. SCOPE OF CHAPTER. 19 8102. DEFINITIONS. 20 8103. (RESERVED). 21 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 22 OBLIGATIONS. 23 8105. COMMISSION. 24 8106. EXERCISE OF COMMISSION POWERS. 25 8107. COMMISSION POWERS AND DUTIES. 26 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 27 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 28 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 29 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 30 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 20070H1590B2170 - 215 -
1 OBLIGATIONS. 2 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 3 8114. TRUST INDENTURE AUTHORIZED. 4 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 5 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 6 8117. ELECTRONIC TOLL COLLECTION. 7 8118. REFUNDING BONDS. 8 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 9 8120. AUTHORITY GRANTED TO SECRETARY. 10 8121. (RESERVED). 11 8122. (RESERVED). 12 8123. CONSTRUCTION OF CHAPTER. 13 § 8101. SCOPE OF CHAPTER. 14 THIS CHAPTER RELATES TO TURNPIKE ORGANIZATION, EXTENSION AND 15 TOLL ROAD CONVERSION. 16 § 8102. DEFINITIONS. 17 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 18 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 19 CONTEXT CLEARLY INDICATES OTHERWISE: 20 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 21 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL 22 OF THE FOLLOWING: 23 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 24 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM 25 AND CONNECTING ROADS, TUNNELS AND BRIDGES. 26 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR 27 PORTIONS OF THE SYSTEMS. 28 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 29 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT 30 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 20070H1590B2170 - 216 -
1 EXTENDING UNDER PARAGRAPH (1) OR (2). 2 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST 3 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER 4 COMPLETION OF CONSTRUCTION. 5 (5) ANY OF THE FOLLOWING: 6 (I) TRAFFIC ESTIMATES AND OF ENGINEERING AND LEGAL 7 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF 8 COST AND OF REVENUES. 9 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO 10 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 11 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND 12 LEGAL EXPENSES. 13 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT 14 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE 15 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 16 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE 17 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES. 18 (IV) THE COSTS OF SYSTEMS OF PUBLIC PASSENGER 19 TRANSPORTATION OR PORTIONS OF THE SYSTEMS AND THE PLACING 20 OF THE SYSTEMS IN OPERATION AND THE CONDEMNATION OF 21 PROPERTY NECESSARY FOR CONSTRUCTION AND OPERATION. 22 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 23 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE 24 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND 25 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 26 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES 27 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 28 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND 29 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 30 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC 20070H1590B2170 - 217 -
1 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS. 2 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 3 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 4 COST OF THE DEPARTMENT. 5 "COST OF THE TURNPIKES." THE TERM INCLUDES THE COST OF: 6 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 7 EXTENDING TURNPIKES, CONNECTING ROADS, STORM WATER MANAGEMENT 8 SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES. 9 (2) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 10 FRANCHISES ACQUIRED BY PURCHASE OR OTHER MEANS DEEMED 11 NECESSARY OR CONVENIENT FOR CONSTRUCTION. 12 (3) MACHINERY AND EQUIPMENT, FINANCING CHARGES AND 13 INTEREST. 14 (4) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL EXPENSES, 15 PLANS, SPECIFICATIONS, SURVEYS, COST AND REVENUE ESTIMATES, 16 OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE 17 FEASIBILITY OR PRACTICABILITY OF THE ENTERPRISE, 18 ADMINISTRATIVE AND LEGAL EXPENSE AND OTHER EXPENSES AS MAY BE 19 NECESSARY OR INCIDENT TO THE FINANCING AUTHORIZED IN THIS 20 CHAPTER. 21 (5) CONDEMNATION OR OTHER MEANS OF ACQUISITION OF 22 PROPERTY NECESSARY FOR THE CONSTRUCTION AND OPERATION OF THE 23 TURNPIKES. 24 (6) AN OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 25 COMMISSION WITH THE DEPARTMENT OR WITH THE UNITED STATES OR A 26 FEDERAL AGENCY FOR ANY OF THE FOLLOWING: 27 (I) TRAFFIC SURVEYS, PREPARATION OF PLANS AND 28 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 29 ENGINEERING AND ADMINISTRATIVE AND LEGAL SERVICES AND 30 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, 20070H1590B2170 - 218 -
1 RECONSTRUCTION, WIDENING, EXPANSION OR EXTENSION OF THE 2 TURNPIKE OR ANY OF THE CONNECTING ROADS, STORM WATER 3 MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND 4 BRIDGES. 5 (II) COSTS OF REIMBURSING THE FEDERAL GOVERNMENT 6 PURSUANT TO THE MANDATES OF THE FEDERAL LAW FOR FEDERAL 7 FUNDS EXPENDED FOR INTERSTATE OR OTHER HIGHWAYS WHICH ARE 8 TO BE MADE PART OF THE TURNPIKE SYSTEM PURSUANT TO THIS 9 CHAPTER. 10 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 11 COMMONWEALTH. 12 "ELECTRONIC TOLL COLLECTION." A SYSTEM OF COLLECTING TOLLS 13 OR CHARGES THAT IS CAPABLE OF CHARGING AN ACCOUNT HOLDER FOR THE 14 PRESCRIBED TOLL BY ELECTRONIC TRANSMISSION OF INFORMATION 15 BETWEEN A DEVICE ON A VEHICLE AND A DEVICE IN A TOLL LANE AT A 16 TOLL COLLECTION FACILITY. 17 "LESSEE." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 18 ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR 19 THE USE OF A VEHICLE AND HAS EXCLUSIVE USE OF THE VEHICLE FOR 20 ANY PERIOD OF TIME. 21 "LESSOR." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 22 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING 23 OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, 24 LEASE OR OTHER AGREEMENT UNDER WHICH THE LESSEE HAS THE 25 EXCLUSIVE USE OF THE VEHICLE FOR ANY PERIOD OF TIME. 26 "OPERATOR." AN INDIVIDUAL THAT USES OR OPERATES A VEHICLE 27 WITH OR WITHOUT PERMISSION OF THE OWNER. 28 "OWNER." EXCEPT AS PROVIDED UNDER SECTION 8116.1(E) 29 (RELATING TO ELECTRONIC TOLL COLLECTION), AN INDIVIDUAL, 30 COPARTNERSHIP, ASSOCIATION OR CORPORATION HAVING TITLE OR 20070H1590B2170 - 219 -
1 INTEREST IN A PROPERTY RIGHT, EASEMENT OR FRANCHISE AUTHORIZED 2 TO BE ACQUIRED UNDER THIS CHAPTER. 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 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 12 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 13 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 14 THE TOWNSHIP STATE HIGHWAY LAW, AND ALL OTHER ROADS AND HIGHWAYS 15 SPECIFICALLY DESIGNATED BY THE SECRETARY OF THE COMMONWEALTH AS 16 RURAL STATE HIGHWAYS. 17 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 18 COMMONWEALTH. 19 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 20 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 21 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 22 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 23 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 24 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE STREET MAY HAVE 25 BEEN TAKEN OVER AS A STATE HIGHWAY. 26 "SYSTEM OF PUBLIC PASSENGER TRANSPORTATION." A SYSTEM OF 27 PUBLIC PASSENGER TRANSPORTATION, INCLUDING RAIL TRANSPORTATION 28 FACILITIES USED FOR PUBLIC PASSENGER TRANSPORTATION, WHICH MAY 29 INCLUDE THE ANY OF FOLLOWING: 30 (1) RAILWAY, STREET RAILWAY, SUBWAY, ELEVATED AND 20070H1590B2170 - 220 -
1 MONORAIL PASSENGER OR PASSENGER AND RAIL ROLLING STOCK, 2 INCLUDING SELF-PROPELLED AND GALLERY CARS, LOCOMOTIVES, 3 PASSENGER BUSES AND WIRES, POLES AND EQUIPMENT FOR THE 4 ELECTRIFICATION OF ANY OF THE RAILS, TRACKS AND ROADBEDS, 5 GUIDEWAYS, ELEVATED STRUCTURES, BUILDINGS, STATIONS, 6 TERMINALS, DOCKS, SHELTERS AND PARKING AREAS FOR USE IN 7 CONNECTION WITH THE RAIL TRANSPORTATION SYSTEMS, 8 INTERCONNECTING LINES AND TUNNELS TO PROVIDE PASSENGER OR 9 PASSENGER AND RAIL SERVICE CONNECTIONS BETWEEN TRANSPORTATION 10 SYSTEMS, TRANSPORTATION ROUTES, CORRIDORS AND RIGHTS-OF-WAY 11 THEREFOR, BUT NOT FOR PUBLIC HIGHWAYS. 12 (2) SIGNAL AND COMMUNICATION SYSTEMS NECESSARY OR 13 DESIRABLE FOR THE CONSTRUCTION, OPERATION OR IMPROVEMENT OF A 14 PUBLIC PASSENGER TRANSPORTATION SYSTEM. 15 (3) ANY IMPROVEMENT OR OVERHAUL OF ANY VEHICLE EQUIPMENT 16 OR FURNISHINGS OF ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS 17 (1) AND (2) OR ANY PART OR FRACTIONAL AND UNDIVIDED CO- 18 OWNERSHIP OR LEASEHOLD INTEREST IN ANY ONE OR COMBINATION OF 19 ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS (1) AND (2) THAT 20 MAY BE DESIGNATED AS A SYSTEM OF PUBLIC PASSENGER 21 TRANSPORTATION BY THE SECRETARY OF TRANSPORTATION. 22 "TOLL ROAD CONVERSION." THE INCLUSION WITHIN THE TURNPIKE 23 SYSTEM AND THE IMPOSITION OF TOLLS ON THE SYSTEM OF A HIGHWAY 24 THAT IS PRESENTLY TOLL FREE. 25 "TURNPIKES." ANY OF THE FOLLOWING: 26 (1) THE TURNPIKE, TURNPIKE EXTENSIONS AND TURNPIKE 27 IMPROVEMENTS. 28 (2) TOLL-FREE ROADS CONVERTED OR TO BE CONVERTED TO TOLL 29 ROADS UNDER THIS CHAPTER. 30 (3) RELATED STORM WATER MANAGEMENT SYSTEMS, 20070H1590B2170 - 221 -
1 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES, PROPERTY 2 RIGHTS, EASEMENTS AND FRANCHISES DEEMED NECESSARY OR 3 CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, 4 EXPANSION, EXTENSION OR THE OPERATION OF THE TURNPIKE, 5 TURNPIKE EXTENSION, TURNPIKE IMPROVEMENT AND TOLL-FREE ROADS. 6 "VEHICLE." THE TERM AS IT IS DEFINED UNDER 75 PA.C.S. § 102 7 (RELATING TO DEFINITIONS). 8 "VIOLATION ENFORCEMENT SYSTEM." A VEHICLE SENSOR, PLACED IN 9 A LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION 10 FACILITY, WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR 11 PHOTOGRAPH, MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF THE REAR 12 PORTION OF EACH VEHICLE AT THE TIME THE VEHICLE IS USED OR 13 OPERATED IN VIOLATION OF THE TOLL COLLECTION REGULATIONS. THE 14 TERM INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY 15 PHOTOGRAPHIC, ELECTRONIC OR OTHER METHOD. 16 § 8103. (RESERVED). 17 § 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 18 OBLIGATIONS. 19 (A) GENERAL RULE.--THE TURNPIKE REVENUE BONDS, NOTES OR 20 OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF THIS CHAPTER 21 SHALL NOT BE DEEMED TO BE A DEBT OF THE COMMONWEALTH OR A PLEDGE 22 OF THE FAITH AND CREDIT OF THE COMMONWEALTH, BUT BONDS, NOTES OR 23 OTHER OBLIGATIONS SHALL BE PAYABLE SOLELY FROM THE REVENUES OF 24 THE COMMISSION, INCLUDING TOLLS, OR FROM FUNDS AS MAY BE 25 AVAILABLE TO THE COMMISSION FOR THAT PURPOSE. 26 (B) STATEMENT REQUIRED.--ALL BONDS, NOTES OR OTHER 27 OBLIGATIONS SHALL CONTAIN A STATEMENT ON THEIR FACE THAT THE 28 COMMONWEALTH IS NOT OBLIGATED TO PAY THE SAME OR THE INTEREST 29 THEREON EXCEPT FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS, 30 OR FROM FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT 20070H1590B2170 - 222 -
1 PURPOSE AND THAT THE FAITH AND CREDIT OF THE COMMONWEALTH IS NOT 2 PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR INTEREST OF THE 3 BONDS, NOTES OR OTHER OBLIGATIONS. 4 (C) PLEDGE OF COMMONWEALTH PROHIBITED.--THE ISSUANCE OF 5 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 6 PROVISIONS OF THIS CHAPTER SHALL NOT DIRECTLY OR INDIRECTLY OR 7 CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY OR TO PLEDGE ANY 8 FORM OF TAXATION OR TO MAKE ANY APPROPRIATION FOR THEIR PAYMENT. 9 § 8105. COMMISSION. 10 (A) (RESERVED). 11 (B) VACANCIES AND TERMS.-- 12 (1) NOTWITHSTANDING ANY OTHER LAW, ANY VACANCY IN THE 13 MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY APPOINTMENT 14 OF THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF TWO- 15 THIRDS OF THE MEMBERS ELECTED TO THE SENATE. 16 (2) THE APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR 17 YEARS. UPON THE EXPIRATION OF THIS TERM, THE APPOINTED MEMBER 18 MAY CONTINUE TO HOLD OFFICE FOR 90 DAYS OR UNTIL HIS 19 SUCCESSOR SHALL BE DULY APPOINTED AND QUALIFIED, WHICHEVER 20 PERIOD IS SHORTER, BUT SHALL NOT CONTINUE TO HOLD OFFICE 21 THEREAFTER UNLESS REAPPOINTED IN ACCORDANCE WITH LAW. 22 (C) (RESERVED). 23 (D) SECRETARY.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT 24 APPLY TO THE APPOINTMENT OF THE SECRETARY WHO SHALL CONTINUE TO 25 BE APPOINTED AND TO SERVE AS A MEMBER OF THE COMMISSION EX 26 OFFICIO IN ACCORDANCE WITH LAW. 27 (E) CHAIRMAN.--A MAJORITY OF THE MEMBERS OF THE COMMISSION 28 SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS CHAIRMAN. 29 UPON THE APPOINTMENT AND QUALIFICATION OF ANY NEW MEMBER TO 30 SERVE ON THE COMMISSION, THE OFFICE OF CHAIRMAN, AND THE 20070H1590B2170 - 223 -
1 POSITIONS OF ALL OTHER OFFICERS CREATED BY LAW, SHALL BE DEEMED 2 VACANT, AND A NEW CHAIRMAN AND OTHER OFFICERS SHALL BE ELECTED 3 BY A MAJORITY OF THE MEMBERS OF THE COMMISSION. 4 (F) ACTIONS BY THE COMMISSION.--NOTWITHSTANDING ANY OTHER 5 LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE CONTRARY, ANY 6 AND ALL ACTIONS BY OR ON BEHALF OF THE COMMISSION SHALL BE TAKEN 7 SOLELY UPON THE APPROVAL OF A MAJORITY OF THE MEMBERS TO THE 8 COMMISSION. THE TERM "ACTIONS BY OR ON BEHALF OF THE COMMISSION" 9 MEANS ANY ACTION WHATSOEVER OF THE COMMISSION, INCLUDING, BUT 10 NOT LIMITED TO, THE HIRING, APPOINTMENT, REMOVAL, TRANSFER, 11 PROMOTION OR DEMOTION OF ANY OFFICERS AND EMPLOYEES; THE 12 RETENTION, USE OR REMUNERATION OF ANY ADVISORS, COUNSEL, 13 AUDITORS, ARCHITECTS, ENGINEERS OR CONSULTANTS; THE INITIATION 14 OF ANY LEGAL ACTION; THE MAKING OF ANY CONTRACTS, LEASES, 15 AGREEMENTS, BONDS, NOTES OR COVENANTS; THE APPROVAL OF 16 REQUISITIONS, PURCHASE ORDERS, INVESTMENTS AND REINVESTMENTS; 17 AND THE ADOPTION, AMENDMENT, REVISION OR RESCISSION OF ANY RULES 18 AND REGULATIONS, ORDERS OR OTHER DIRECTIVES. THE CHAIRMAN, VICE 19 CHAIRMAN OR ANY OTHER OFFICER OR EMPLOYEE OF THE COMMISSION MAY 20 TAKE NO ACTION BY OR ON BEHALF OF THE COMMISSION EXCEPT AS 21 EXPRESSLY AUTHORIZED BY A MAJORITY OF THE MEMBERS OF THE 22 COMMISSION. 23 (G) COMPENSATION.--THE ANNUAL SALARY OF THE CHAIRMAN OF THE 24 PENNSYLVANIA TURNPIKE COMMISSION SHALL BE $28,500, AND THE 25 ANNUAL SALARY OF THE REMAINING MEMBERS OF THE PENNSYLVANIA 26 TURNPIKE COMMISSION SHALL BE $26,000. THESE SALARIES SHALL BE 27 PAID IN EQUAL INSTALLMENTS EVERY OTHER WEEK. 28 § 8106. EXERCISE OF COMMISSION POWERS. 29 THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY 30 THIS CHAPTER IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF 20070H1590B2170 - 224 -
1 THE TURNPIKES AND IN EFFECTING TOLL ROAD CONVERSIONS SHALL BE 2 DEEMED AND HELD TO BE AN ESSENTIAL GOVERNMENTAL FUNCTION OF THE 3 COMMONWEALTH. 4 § 8107. COMMISSION POWERS AND DUTIES. 5 (A) POWERS AND DUTIES OF COMMISSION.--THE COMMISSION MAY: 6 (1) MAINTAIN A PRINCIPAL OFFICE AT A PLACE DESIGNATED BY 7 THE COMMISSION. 8 (2) CONTRACT AND BE CONTRACTED WITH IN ITS OWN NAME. 9 (3) SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE 10 IMPLEADED. ANY CIVIL ACTION AGAINST THE COMMISSION SHALL BE 11 BROUGHT ONLY IN THE COURTS IN WHICH ACTIONS MAY BE BROUGHT 12 AGAINST THE COMMONWEALTH. 13 (4) HAVE AN OFFICIAL SEAL. 14 (5) MAKE NECESSARY RULES AND REGULATIONS FOR ITS OWN 15 GOVERNANCE AND IN CONTROL OF TRAFFIC. 16 (6) ACQUIRE, HOLD, ACCEPT, OWN, USE, HIRE, LEASE, 17 EXCHANGE, OPERATE AND DISPOSE OF PERSONAL PROPERTY, REAL 18 PROPERTY AND INTERESTS IN REAL PROPERTY AND MAKE AND ENTER 19 INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR INCIDENTAL TO 20 THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS 21 UNDER THIS CHAPTER AND EMPLOY ENGINEERING, TRAFFIC, 22 ARCHITECTURAL AND CONSTRUCTION EXPERTS AND INSPECTORS, 23 ATTORNEYS AND OTHER EMPLOYEES AS MAY IN ITS JUDGMENT BE 24 NECESSARY AND FIX THEIR COMPENSATION. 25 (7) PROVIDE GRADE SEPARATIONS AT ITS OWN EXPENSE WITH 26 RESPECT TO ALL PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE 27 HIGHWAYS INTERSECTED BY THE TURNPIKES AND TO CHANGE AND 28 ADJUST THE LINES AND GRADES THEREOF SO AS TO ACCOMMODATE THE 29 SAME TO THE DESIGN FOR GRADE SEPARATION. 30 (I) THE DAMAGES INCURRED IN CHANGING AND ADJUSTING 20070H1590B2170 - 225 -
1 THE LINES AND GRADES OF PUBLIC ROADS, STATE HIGHWAYS AND 2 INTERSTATE HIGHWAYS SHALL BE ASCERTAINED AND PAID BY THE 3 COMMISSION IN ACCORDANCE WITH 26 PA.C.S. (RELATING TO 4 EMINENT DOMAIN). 5 (II) IF THE COMMISSION SHALL FIND IT NECESSARY TO 6 PROVIDE A GRADE SEPARATION OR CHANGE THE SITE OF ANY 7 PORTION OF ANY INTERSTATE HIGHWAY, STATE HIGHWAY OR 8 PUBLIC ROAD, OR VACATE THE SAME, THE COMMISSION SHALL 9 CAUSE IT TO BE RECONSTRUCTED AND RESTORED AT THE 10 COMMISSION'S EXPENSE ON THE MOST FAVORABLE LOCATION AND 11 IN AS SATISFACTORY A MANNER AS THE ORIGINAL ROAD OR 12 VACATE IT AS THE CASE MAY BE. 13 (III) THE METHOD OF ACQUIRING THE RIGHT-OF-WAY AND 14 DETERMINING DAMAGES INCURRED IN CHANGING THE LOCATION OF 15 OR VACATING THE ROAD, STATE HIGHWAY OR INTERSTATE HIGHWAY 16 SHALL BE ASCERTAINED AND PAID FOR IN ACCORDANCE WITH 26 17 PA.C.S. 18 (8) PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN 19 WHICH ANY PUBLIC ROAD OR PART THEREOF IS LOCATED AND AFFECTED 20 BY THE LOCATION OF THE TURNPIKES, FOR THE VACATION, 21 RELOCATION OR SUPPLY OF THE SAME OR ANY PART THEREOF WITH THE 22 SAME FORCE AND EFFECT AS IS NOW GIVEN BY EXISTING LAWS TO THE 23 INHABITANTS OF ANY TOWNSHIP OR THE COUNTY, AND THE 24 PROCEEDINGS UPON PETITION, WHETHER FOR THE APPOINTMENT OF 25 VIEWERS OR OTHERWISE, SHALL BE THE SAME AS PROVIDED BY 26 EXISTING LAW FOR SIMILAR PROCEEDINGS UPON THE PETITIONS. 27 (9) NEGOTIATE AND ENTER INTO INTEREST RATE SWAPS AND 28 OTHER INTEREST RATE HEDGES TO ASSIST THE COMMISSION IN 29 MANAGING INTEREST COST AND RATE RISK IN CONNECTION WITH ITS 30 DEBT. 20070H1590B2170 - 226 -
1 (10) PROVIDE FOR COSTS OF THE DEPARTMENT. 2 (11) HAVE ALL OF THE POWERS AND PERFORM ALL THE DUTIES 3 PRESCRIBED BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211), 4 REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION ACT. 5 (B) MAINTENANCE TO BE PAID OUT OF TOLLS.-- 6 (1) THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AND TOLL- 7 FREE ROADS CONVERTED TO TOLL ROADS WHEN COMPLETED AND OPEN TO 8 TRAFFIC SHALL BE MAINTAINED AND REPAIRED BY AND UNDER THE 9 CONTROL OF THE COMMISSION. 10 (2) ALL CHARGES AND COSTS FOR THE MAINTENANCE AND 11 REPAIRS ACTUALLY EXPENDED BY THE COMMISSION SHALL BE PAID OUT 12 OF TOLLS. 13 (3) THE TURNPIKE, THE TURNPIKE EXTENSIONS AND 14 IMPROVEMENTS AND THE TOLL-FREE ROADS CONVERTED TO TOLL ROADS 15 SHALL ALSO BE POLICED AND OPERATED BY A FORCE OF POLICE, TOLL 16 TAKERS AND OTHER OPERATING EMPLOYEES AS THE COMMISSION MAY IN 17 ITS DISCRETION EMPLOY. 18 § 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 19 (A) PAYMENT OF EXPENSES.--ALL COMPENSATION AND SALARIES AND 20 ALL EXPENSES INCURRED IN CARRYING OUT THE PROVISIONS OF THIS 21 CHAPTER SHALL BE PAID SOLELY FROM FUNDS PROVIDED UNDER THE 22 AUTHORITY OF THIS CHAPTER, AND NO LIABILITY OR OBLIGATION SHALL 23 BE INCURRED UNDER THIS CHAPTER BEYOND THE EXTENT TO WHICH MONEY 24 SHALL HAVE BEEN PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER. 25 (B) NO ADDITIONAL BOND REQUIRED.--THE ISSUANCE OF ANY 26 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 27 PROVISIONS OF THIS CHAPTER SHALL NOT CAUSE ANY MEMBER OF THE 28 COMMISSION TO BE REQUIRED TO EXECUTE A BOND THAT A MEMBER OF THE 29 COMMISSION IS NOT OTHERWISE REQUIRED TO EXECUTE. 30 § 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 20070H1590B2170 - 227 -
1 (A) CONDEMNATION.--THE COMMISSION MAY CONDEMN, PURSUANT TO 2 26 PA.C.S. (RELATING TO EMINENT DOMAIN), ANY LANDS, INTERESTS IN 3 LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND 4 OTHER PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE 5 CONSTRUCTION AND EFFICIENT OPERATION OF THE TURNPIKES AND THE 6 TOLL ROAD CONVERSIONS OR NECESSARY IN THE RESTORATION OR 7 RELOCATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR DESTROYED. 8 (B) PURCHASE.-- 9 (1) THE COMMISSION MAY ACQUIRE BY PURCHASE, WHENEVER IT 10 SHALL DEEM THE PURCHASE EXPEDIENT, OR OTHERWISE ACCEPT IF 11 DEDICATED TO IT, ANY LANDS, INTERESTS IN LANDS, PROPERTY 12 RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND OTHER 13 PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE CONSTRUCTION 14 AND EFFICIENT OPERATION OF THE TURNPIKES AND TOLL ROAD 15 CONVERSIONS OR NECESSARY IN THE RESTORATION OF PUBLIC OR 16 PRIVATE PROPERTY DAMAGED OR DESTROYED, WHETHER THE PROPERTY 17 HAS BEEN PREVIOUSLY CONDEMNED OR OTHERWISE, UPON TERMS AND AT 18 A PRICE AS MAY BE CONSIDERED BY THE COMMISSION TO BE 19 REASONABLE AND CAN BE AGREED UPON BETWEEN THE COMMISSION AND 20 THE OWNER THEREOF AND TO TAKE TITLE THERETO IN THE NAME OF 21 THE COMMISSION. 22 (2) THE NET PROCEEDS OF THE PURCHASE PRICE PAYABLE TO A 23 MUNICIPALITY OR THE DEPARTMENT FOR ANY REAL PROPERTY OR 24 INTEREST THEREIN OBTAINED BY THE COMMISSION PURSUANT TO THIS 25 CHAPTER, LESS THE COST OF RETIRING ANY BONDED INDEBTEDNESS ON 26 THE PROPERTY OR INTEREST, SHALL BE USED EXCLUSIVELY, IN THE 27 CASE OF A MUNICIPALITY, FOR ROAD-RELATED AND BRIDGE-RELATED 28 EXPENSES AND, IN THE CASE OF THE DEPARTMENT, FOR HIGHWAY AND 29 BRIDGE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE IN THE 30 SAME ENGINEERING AND MAINTENANCE DISTRICT IN WHICH THE 20070H1590B2170 - 228 -
1 PROPERTY IS LOCATED. 2 § 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 3 (A) TITLE.--TITLE TO ANY PROPERTY CONDEMNED BY THE 4 COMMISSION SHALL BE TAKEN IN THE NAME OF THE COMMISSION. 5 (B) ENTRY.-- 6 (1) IN ADDITION TO ANY OTHERS POWERS SET FORTH IN THIS 7 CHAPTER, THE COMMISSION AND ITS AUTHORIZED AGENTS AND 8 EMPLOYEES MAY ENTER UPON ANY LANDS, WATERS AND PREMISES IN 9 THIS COMMONWEALTH FOR THE PURPOSE OF MAKING SURVEYS, 10 SOUNDINGS, DRILLINGS AND EXAMINATIONS, AS IT MAY DEEM 11 NECESSARY OR CONVENIENT FOR THE PURPOSE OF THIS CHAPTER. 12 (2) THE ENTRY SHALL NOT BE DEEMED A TRESPASS, NOR SHALL 13 AN ENTRY FOR THE PURPOSES BE DEEMED AN ENTRY UNDER ANY 14 CONDEMNATION PROCEEDINGS WHICH MAY BE THEN PENDING. 15 (3) THE COMMISSION SHALL MAKE REIMBURSEMENT FOR ANY 16 ACTUAL DAMAGES RESULTING TO THE LANDS, WATERS AND PREMISES AS 17 A RESULT OF THE ACTIVITIES. 18 (C) RESTORATION OF PROPERTY.--ANY PUBLIC OR PRIVATE PROPERTY 19 DAMAGED OR DESTROYED IN CARRYING OUT THE POWERS GRANTED BY THIS 20 CHAPTER SHALL BE RESTORED OR REPAIRED AND PLACED IN ITS ORIGINAL 21 CONDITION AS NEARLY AS PRACTICABLE OR ADEQUATE COMPENSATION MADE 22 FOR THE PROPERTY OUT OF FUNDS PROVIDED UNDER THE AUTHORITY OF 23 THIS CHAPTER. 24 (D) POWERS OF PUBLIC BODIES.--NOTWITHSTANDING ANY OTHER 25 PROVISION OF LAW TO THE CONTRARY, A POLITICAL SUBDIVISION OR A 26 PUBLIC AGENCY OR COMMISSION OF THE COMMONWEALTH MAY LEASE, LEND, 27 DEDICATE, GRANT, CONVEY OR OTHERWISE TRANSFER TO THE COMMISSION, 28 UPON ITS REQUEST, UPON TERMS AND CONDITIONS AS THE PROPER 29 AUTHORITIES OF THE POLITICAL SUBDIVISION OR PUBLIC AGENCY OR 30 COMMISSION OF THE COMMONWEALTH DEEMS REASONABLE AND FAIR AND 20070H1590B2170 - 229 -
1 WITHOUT THE NECESSITY FOR ANY ADVERTISEMENT, ORDER OF COURT OR 2 OTHER ACTION OR FORMALITY, OTHER THAN THE REGULAR AND FORMAL 3 ACTION OF THE AUTHORITIES CONCERNED, ANY REAL PROPERTY WHICH MAY 4 BE NECESSARY OR CONVENIENT TO THE EFFECTUATION OF THE AUTHORIZED 5 PURPOSES OF THE COMMISSION, INCLUDING PUBLIC ROADS AND OTHER 6 REAL PROPERTY ALREADY DEVOTED TO PUBLIC USE. 7 § 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 8 WHENEVER THE COMMISSION HAS CONDEMNED ANY LANDS, RIGHTS, 9 RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES, OR INTERESTS THEREIN, 10 AS PROVIDED IN THIS CHAPTER, THE COMMISSION MAY PROCEED TO 11 OBTAIN POSSESSION IN THE MANNER PROVIDED BY 26 PA.C.S. (RELATING 12 TO THE EMINENT DOMAIN). 13 § 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 14 OBLIGATIONS. 15 (A) AUTHORIZATION.-- 16 (1) A BOND MUST BE AUTHORIZED BY RESOLUTION OF THE 17 COMMISSION. THE RESOLUTION MAY SPECIFY ALL OF THE FOLLOWING: 18 (I) SERIES. 19 (II) DATE OF MATURITY NOT EXCEEDING 40 YEARS FROM 20 DATE OF ISSUE. 21 (III) INTEREST. 22 (IV) DENOMINATION. 23 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT 24 COUPONS. 25 (VI) REGISTRATION, EXCHANGEABILITY AND 26 INTERCHANGEABILITY PRIVILEGES. 27 (VII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT. 28 (VIII) TERMS OF REDEMPTION NOT EXCEEDING 105% OF THE 29 PRINCIPAL AMOUNT OF THE BOND. 30 (IX) PRIORITIES IN THE REVENUES OR RECEIPTS OF THE 20070H1590B2170 - 230 -
1 COMMISSION. 2 (2) A BOND MUST BE SIGNED BY OR SHALL BEAR THE FACSIMILE 3 SIGNATURE OF SUCH OFFICERS AS THE COMMISSION DETERMINES. A 4 BOND MAY BE ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR 5 MORE OF THE SIGNING OFFICERS OR THE TREASURER HAS CEASED TO 6 BE AN OFFICER WHEN THE BOND IS ACTUALLY DELIVERED. A BOND 7 MUST BE AUTHENTICATED BY AN AUTHENTICATING AGENT, A FISCAL 8 AGENT OR A TRUSTEE, IF REQUIRED BY THE AUTHORIZING 9 RESOLUTION. 10 (3) A BOND MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR A 11 PRICE DETERMINED BY THE COMMISSION. 12 (4) PENDING THE PREPARATION OF A DEFINITIVE BOND, 13 INTERIM RECEIPTS OR TEMPORARY BONDS WITHOUT COUPONS MAY BE 14 ISSUED TO THE PURCHASER AND MAY CONTAIN TERMS AND CONDITIONS 15 AS THE COMMISSION DETERMINES. 16 (B) PROVISIONS.--A RESOLUTION AUTHORIZING A BOND MAY CONTAIN 17 PROVISIONS WHICH SHALL BE PART OF THE CONTRACT WITH THE 18 BONDHOLDER AS TO THE FOLLOWING: 19 (1) PLEDGING THE FULL FAITH AND CREDIT OF THE COMMISSION 20 BUT NOT OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION FOR 21 THE BOND OR RESTRICTING THE OBLIGATION OF THE COMMISSION TO 22 ALL OR ANY OF THE REVENUE OF THE COMMISSION FROM ALL OR ANY 23 PROJECTS OR PROPERTIES. 24 (2) THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 25 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 26 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 27 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 28 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 29 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 30 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 20070H1590B2170 - 231 -
1 ROADS, THE FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF 2 THE COMMISSION WITH REFERENCE TO THESE MATTERS. 3 (3) TERMS AND PROVISIONS OF THE BOND. 4 (4) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF 5 THE BOND OR OTHER FINANCING MAY BE APPLIED. 6 (5) RATE OF TOLLS AND OTHER CHARGES FOR USE OF THE 7 FACILITIES OF OR FOR THE SERVICES RENDERED BY THE COMMISSION. 8 (6) THE SETTING ASIDE, REGULATION AND DISPOSITION OF 9 RESERVES AND SINKING FUNDS. 10 (7) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS. 11 (8) TERMS AND PROVISIONS OF ANY DEED OF TRUST OR 12 INDENTURE SECURING THE BOND OR UNDER WHICH ANY DEED OF TRUST 13 OR INDENTURE MAY BE ISSUED. 14 (9) OTHER ADDITIONAL AGREEMENTS WITH THE HOLDER OF THE 15 BOND. 16 (C) DEEDS OF TRUST.--THE COMMISSION MAY ENTER INTO ANY DEED 17 OF TRUST, INDENTURE OR OTHER AGREEMENT WITH ANY BANK OR TRUST 18 COMPANY OR OTHER PERSON IN THE UNITED STATES HAVING POWER TO 19 ENTER INTO SUCH AN ARRANGEMENT, INCLUDING ANY FEDERAL AGENCY, AS 20 SECURITY FOR A BOND AND MAY ASSIGN AND PLEDGE ALL OR ANY OF THE 21 REVENUES OR RECEIPTS OF THE COMMISSION UNDER SUCH DEED, 22 INDENTURE OR AGREEMENT. THE DEED OF TRUST, INDENTURE OR OTHER 23 AGREEMENT MAY CONTAIN PROVISIONS AS MAY BE CUSTOMARY IN SUCH 24 INSTRUMENTS OR AS THE COMMISSION MAY AUTHORIZE, INCLUDING 25 PROVISIONS AS TO THE FOLLOWING: 26 (1) FOR THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 27 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 28 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 29 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 30 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 20070H1590B2170 - 232 -
1 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 2 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 3 ROADS, FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF THE 4 COMMISSION WITH REFERENCE TO THESE MATTERS. 5 (2) APPLICATION OF FUNDS AND THE SAFEGUARDING OF FUNDS 6 ON HAND OR ON DEPOSIT. 7 (3) RIGHTS AND REMEDIES OF TRUSTEES AND BONDHOLDERS, 8 INCLUDING RESTRICTIONS UPON THE INDIVIDUAL RIGHT OF ACTION OF 9 A BONDHOLDER. 10 (4) TERMS AND PROVISIONS OF THE BOND OR THE RESOLUTION 11 AUTHORIZING THE ISSUANCE OF THE BOND. 12 (D) NEGOTIABILITY.--A BOND SHALL HAVE ALL THE QUALITIES OF 13 NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S. DIV. 3 (RELATING TO 14 NEGOTIABLE INSTRUMENTS). 15 § 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 16 ALL MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER OBLIGATIONS 17 ISSUED UNDER THIS CHAPTER SHALL BE APPLIED SOLELY TO THE PAYMENT 18 OF THE COSTS OF THE DEPARTMENT, THE COSTS OF THE TURNPIKES, THE 19 TURNPIKE EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD 20 CONVERSIONS, INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS 21 AS PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 22 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY 23 SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES 24 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS OR 25 TO THE APPURTENANT FUND. THERE IS CREATED AND GRANTED A LIEN 26 UPON THE MONEY, UNTIL SO APPLIED, IN FAVOR OF HOLDERS OF THE 27 BONDS, NOTES OR OTHER OBLIGATIONS OR THE TRUSTEE PROVIDED FOR IN 28 THIS CHAPTER IN RESPECT OF THE BONDS, NOTES OR OTHER 29 OBLIGATIONS. 30 § 8114. TRUST INDENTURE AUTHORIZED. 20070H1590B2170 - 233 -
1 (A) SECURITY FOR BONDS.--IN THE DISCRETION OF THE 2 COMMISSION, THE BONDS, NOTES OR OTHER OBLIGATIONS MAY BE SECURED 3 BY A TRUST INDENTURE BY AND BETWEEN THE COMMISSION AND A 4 CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING 5 THE POWERS OF A TRUST COMPANY, WITHIN THIS COMMONWEALTH. THE 6 TRUST INDENTURE MAY PLEDGE OR ASSIGN TOLLS AND REVENUE TO BE 7 RECEIVED BUT SHALL NOT CONVEY OR MORTGAGE THE PENNSYLVANIA 8 TURNPIKE SYSTEM, INCLUDING THE TURNPIKES AND TOLL ROAD 9 CONVERSIONS PROVIDED FOR BY THIS CHAPTER. 10 (B) RIGHTS OF BONDHOLDERS.--EITHER THE RESOLUTION PROVIDING 11 FOR THE ISSUANCE OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR THE 12 TRUST INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND 13 ENFORCING THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS 14 OF NOTES OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER 15 AND NOT IN VIOLATION OF LAW, INCLUDING COVENANTS SETTING FORTH 16 THE DUTIES OF THE COMMISSION IN RELATION TO THE ACQUISITION OF 17 PROPERTIES AND THE CONSTRUCTION, MAINTENANCE, OPERATION AND 18 REPAIR AND INSURANCE OF THE TURNPIKES, AND THE CUSTODY, 19 SAFEGUARDING AND APPLICATION OF ALL MONEY. IT SHALL BE LAWFUL 20 FOR ANY BANK OR TRUST COMPANY INCORPORATED UNDER THE LAWS OF 21 THIS COMMONWEALTH TO ACT AS A DEPOSITORY OF THE PROCEEDS OF 22 BONDS, NOTES OR OTHER OBLIGATIONS OR REVENUES AND TO FURNISH THE 23 INDEMNITY BONDS OR TO PLEDGE THE SECURITIES AS MAY BE REQUIRED 24 BY THE COMMISSION. THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 25 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 26 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 27 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 28 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 29 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. IN 30 ADDITION TO THE FOREGOING, THE TRUST INDENTURE MAY CONTAIN OTHER 20070H1590B2170 - 234 -
1 PROVISIONS AS THE COMMISSION MAY DEEM REASONABLE AND PROPER FOR 2 THE SECURITY OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 3 OBLIGATIONS. ALL EXPENSES INCURRED IN CARRYING OUT THE TRUST 4 INDENTURE MAY BE TREATED AS PART OF THE COST OF MAINTENANCE, 5 OPERATION AND REPAIR OF THE TURNPIKES AND TOLL ROAD CONVERSIONS 6 PROVIDED FOR BY THIS CHAPTER. 7 § 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 8 THE ACCOMPLISHMENT BY THE COMMISSION OF THE AUTHORIZED 9 PURPOSES STATED IN THIS CHAPTER BEING FOR THE BENEFIT OF THE 10 PEOPLE OF THIS COMMONWEALTH AND FOR THE IMPROVEMENT OF THEIR 11 COMMERCE AND PROSPERITY, IN WHICH ACCOMPLISHMENT THE COMMISSION 12 WILL BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS, THE 13 COMMISSION SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS 14 ON ANY PROPERTY ACQUIRED OR USED BY IT FOR THE PURPOSES PROVIDED 15 IN THIS CHAPTER, AND THE BONDS, NOTES OR OTHER OBLIGATIONS 16 ISSUED BY THE COMMISSION, THEIR TRANSFER AND THE INCOME 17 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL 18 AT ALL TIMES BE FREE FROM TAXATION WITHIN THIS COMMONWEALTH. 19 § 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 20 (A) ESTABLISHMENT AND CHANGES IN TOLL AMOUNTS.--SUBJECT TO 21 THE TERMS OF ANY TRUST INDENTURE ENTERED INTO BY THE COMMISSION 22 OR ANY RESOLUTION AUTHORIZING THE ISSUANCE OF ANY BONDS, NOTES 23 OR OTHER OBLIGATIONS OF THE COMMISSION, THE COMMISSION IS 24 AUTHORIZED: TO FIX AND TO REVISE TOLLS FOR THE USE OF THE 25 PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS OR SECTIONS 26 OF THE SYSTEM, INCLUDING THE TURNPIKE, THE TURNPIKE EXTENSIONS 27 AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS AUTHORIZED BY 28 THIS CHAPTER. THE COMMISSION IS FURTHER AUTHORIZED TO CHARGE AND 29 COLLECT TOLLS; TO CONTRACT WITH ANY PERSON, PARTNERSHIP, 30 ASSOCIATION OR CORPORATION DESIRING THE USE OF ANY PART THEREOF, 20070H1590B2170 - 235 -
1 INCLUDING THE RIGHT-OF-WAY ADJOINING THE PAVED PORTION, FOR 2 PLACING THEREON TELEPHONE, TELEGRAPH, ELECTRIC LIGHT OR POWER 3 LINES, GAS STATIONS, GARAGES, STORES, HOTELS, RESTAURANTS AND 4 ADVERTISING SIGNS, OR FOR ANY OTHER PURPOSE, EXCEPT FOR TRACKS 5 FOR RAILROAD OR RAILWAY USE; AND TO FIX THE TERMS, CONDITIONS, 6 RENTS AND RATES OF CHARGES FOR USE. TOLLS SHALL BE FIXED AND 7 ADJUSTED AS TO PROVIDE FUNDS AT LEAST SUFFICIENT WITH OTHER 8 REVENUES OF THE PENNSYLVANIA TURNPIKE SYSTEM, IF ANY, TO PAY ALL 9 OF THE FOLLOWING: 10 (1) THE COST OF THE TURNPIKES. THIS PARAGRAPH INCLUDES 11 THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 12 EXPANDING, EXTENDING, MAINTAINING, REPAIRING AND OPERATING 13 THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS AND 14 SECTIONS OF THE SYSTEM. 15 (2) ANY OF THE FOLLOWING: 16 (I) THE COMMISSION'S BONDS, NOTES OR OTHER 17 OBLIGATIONS AND THE INTEREST ON THEM. 18 (II) SINKING FUND REQUIREMENTS OF THE COMMISSION. 19 (III) OTHER REQUIREMENTS PROVIDED FOR BY ANY 20 RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS, NOTES 21 OR OTHER OBLIGATIONS BY THE COMMISSION, OR BY ANY TRUST 22 INDENTURE TO WHICH THE COMMISSION IS A PARTY, AS THEY 23 BECOME DUE. 24 (3) AMOUNTS DUE TO THE DEPARTMENT UNDER 75 PA.C.S. CH. 25 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND PURSUANT TO THE 26 LEASE AGREEMENT UNDER 75 PA.C.S. § 8915.3 (RELATING TO LEASE 27 OF INTERSTATE 80). 28 (4) THE COST OF REPAYMENT TO THE FEDERAL GOVERNMENT OF 29 FUNDS REQUIRED TO BE REPAID PURSUANT TO FEDERAL LEGISLATION 30 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS. 20070H1590B2170 - 236 -
1 (5) ANY OTHER AMOUNTS PAYABLE TO THE COMMONWEALTH OR TO 2 THE DEPARTMENT. 3 (B) RESTRICTIONS ON TOLL REVENUE.--TOLLS SHALL NOT BE 4 SUBJECT TO SUPERVISION OR REGULATION BY ANY OTHER STATE 5 COMMISSION, BOARD, BUREAU OR AGENCY. SUBJECT TO THE TERMS OF ANY 6 PRESENTLY EXISTING TRUST INDENTURE ENTERED INTO BY THE 7 COMMISSION AND ANY PRESENTLY EXISTING RESOLUTION AUTHORIZING THE 8 ISSUANCE OF ANY BONDS, NOTES OR OTHER OBLIGATIONS OF THE 9 COMMISSION, THE TOLLS AND ALL OTHER REVENUE DERIVED FROM THE 10 PENNSYLVANIA TURNPIKE SYSTEM SHALL BE SET ASIDE AND PLEDGED AS 11 MAY BE PROVIDED IN ANY RESOLUTIONS, TRUST INDENTURES OR ANY 12 OTHER AGREEMENTS THAT THE COMMISSION MAY HEREAFTER ADOPT OR 13 HEREAFTER ENTER INTO WITH RESPECT TO THE ISSUANCE OF BONDS, 14 NOTES OR OTHER OBLIGATIONS OF THE COMMISSION. 15 § 8117. ELECTRONIC TOLL COLLECTION. 16 (A) LIABILITY OF OWNER.-- 17 (1) IF AN OPERATOR OF A VEHICLE FAILS TO PAY THE 18 PRESCRIBED TOLL AT ANY LOCATION WHERE TOLLS ARE COLLECTED BY 19 MEANS OF ELECTRONIC TOLL COLLECTION, THE OWNER OF THE VEHICLE 20 SHALL BE LIABLE TO THE COMMISSION FOR FAILURE OF THE OPERATOR 21 OF THE VEHICLE TO COMPLY WITH THIS SECTION IF THE VIOLATION 22 IS EVIDENCED BY INFORMATION OBTAINED FROM A VIOLATION 23 ENFORCEMENT SYSTEM. 24 (2) IF A VIOLATION OF THIS SECTION IS COMMITTED, THE 25 REGISTRATION PLATE NUMBER OF THE VEHICLE AS RECORDED BY A 26 VIOLATION ENFORCEMENT SYSTEM SHALL ESTABLISH AN INFERENCE 27 THAT THE OWNER OF THE VEHICLE WAS THEN OPERATING THE VEHICLE. 28 THE INFERENCE SHALL BE OVERCOME IF THE OWNER DOES ALL OF THE 29 FOLLOWING: 30 (I) TESTIFIES THAT THE OWNER WAS NOT OPERATING THE 20070H1590B2170 - 237 -
1 VEHICLE AT THE TIME OF THE VIOLATION. 2 (II) SUBMITS TO AN EXAMINATION AS TO WHO AT THE TIME 3 WAS OPERATING THE VEHICLE. 4 (III) REVEALS THE NAME AND RESIDENCE ADDRESS, IF 5 KNOWN, OF THE OPERATOR OF THE VEHICLE. 6 (3) IF AN ACTION OR PROCEEDING IS COMMENCED IN A COUNTY 7 OTHER THAN THAT OF THE RESIDENCE OF THE OWNER, A VERIFIED 8 WRITTEN STATEMENT SETTING FORTH THE FACTS PRESCRIBED UNDER 9 PARAGRAPH (2)(I), (II) AND (III) SHALL SUFFICE TO OVERCOME 10 THE INFERENCE. 11 (4) IF THE INFERENCE IS OVERCOME, THE OPERATOR OF THE 12 VEHICLE MAY BE HELD LIABLE UNDER THIS SECTION FOR FAILURE TO 13 PAY THE PRESCRIBED TOLL IN THE SAME MANNER AS IF THE OPERATOR 14 WERE THE OWNER OF THE VEHICLE. 15 (B) IMPOSITION OF LIABILITY.--LIABILITY UNDER THIS SECTION 16 SHALL BE IMPOSED UPON AN OWNER FOR A VIOLATION OF THIS SECTION 17 OR THE REGULATIONS OF THE COMMISSION OCCURRING WITHIN THE 18 TERRITORIAL LIMITS OF THIS COMMONWEALTH. IF A VIOLATION IS 19 COMMITTED AS EVIDENCED BY A VIOLATION ENFORCEMENT SYSTEM, THE 20 FOLLOWING SHALL APPLY: 21 (1) THE COMMISSION OR AN AUTHORIZED AGENT OR EMPLOYEE 22 MUST PREPARE AND MAIL A NOTICE OF VIOLATION AS FOLLOWS: 23 (I) THE NOTICE OF VIOLATION MUST BE SENT BY FIRST 24 CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN 25 OWNER FOR A VIOLATION OF THIS SECTION. 26 (II) THE NOTICE MUST BE MAILED AT THE ADDRESS SHOWN 27 ON THE VEHICLE REGISTRATION OR AT THE ADDRESS OF THE 28 OPERATOR, AS APPLICABLE. NOTICE MUST BE MAILED NO LATER 29 THAN 60 DAYS AFTER: 30 (A) THE ALLEGED CONDUCT; OR 20070H1590B2170 - 238 -
1 (B) THE DATE THE INFERENCE IS OVERCOME UNDER 2 SUBSECTION (A)(2). 3 (III) PERSONAL SERVICE IS NOT REQUIRED. 4 (IV) THE NOTICE MUST CONTAIN ALL OF THE FOLLOWING: 5 (A) INFORMATION ADVISING THE PERSON CHARGED OF 6 THE MANNER AND TIME IN WHICH THE LIABILITY ALLEGED IN 7 THE NOTICE MAY BE CONTESTED. 8 (B) A WARNING ADVISING THE PERSON CHARGED THAT 9 FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED 10 SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A 11 DEFAULT JUDGMENT MAY BE ENTERED ON THE NOTICE. 12 (1.1) A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED 13 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE 14 EVIDENCE OF THE MAILING OF NOTICE. 15 (2) IF AN OWNER OF A VEHICLE OR AN OWNER THAT IS A 16 LESSOR OF A VEHICLE RECEIVES A NOTICE OF VIOLATION UNDER THIS 17 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS 18 REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT 19 SHALL BE A DEFENSE TO THE ALLEGATION OF LIABILITY THAT THE 20 VEHICLE HAD BEEN REPORTED TO THE POLICE AS HAVING BEEN STOLEN 21 PRIOR TO THE TIME THE VIOLATION OCCURRED AND THAT THE VEHICLE 22 HAD NOT BEEN RECOVERED BY THE TIME OF THE VIOLATION. FOR 23 PURPOSES OF ASSERTING THE DEFENSE UNDER THIS PARAGRAPH, IT 24 SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE 25 REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO 26 THE COMMISSION WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 27 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 28 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE OWNER OR 29 LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. 30 (3) AN OWNER THAT IS A LESSOR OF A VEHICLE AS TO WHICH A 20070H1590B2170 - 239 -
1 NOTICE OF VIOLATION WAS ISSUED UNDER PARAGRAPH (1) SHALL NOT 2 BE LIABLE FOR A VIOLATION IF THE OWNER SENDS TO THE 3 COMMISSION A COPY OF THE RENTAL, LEASE OR OTHER CONTRACT 4 DOCUMENT COVERING THE VEHICLE ON THE DATE OF THE VIOLATION, 5 WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE TO 6 THE COMMISSION, WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 7 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 8 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE LESSOR 9 LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. IF THE 10 LESSOR COMPLIES WITH THE PROVISIONS OF THIS SECTION, THE 11 LESSEE OF THE VEHICLE ON THE DATE OF THE VIOLATION SHALL BE 12 DEEMED TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS 13 SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE PENALTY 14 UNDER THIS SECTION. 15 (4) A CERTIFIED REPORT OR A FACSIMILE REPORT OF AN 16 AUTHORIZED AGENT OR EMPLOYEE OF THE COMMISSION REPORTING A 17 VIOLATION OF THIS SECTION OR REGULATIONS OF THE COMMISSION 18 BASED UPON THE RECORDED INFORMATION OBTAINED FROM A VIOLATION 19 ENFORCEMENT SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS 20 CONTAINED IN THE REPORT AND SHALL BE ADMISSIBLE AS AN 21 OFFICIAL RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS IN 22 ANY PROCEEDING CHARGING A VIOLATION OF THIS SECTION OR THE 23 TOLL COLLECTION REGULATIONS OF THE COMMISSION. 24 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 25 VIDEOTAPES, PHOTOGRAPHS, MICROPHOTOGRAPHS, OTHER RECORDED 26 IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES PREPARED 27 PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF 28 THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW 29 ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING DUTIES 30 UNDER THIS SECTION AND THE REGULATIONS OF THE COMMISSION. THE 20070H1590B2170 - 240 -
1 INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT 2 OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT- 3 TO-KNOW LAW. THE INFORMATION SHALL NOT BE DISCOVERABLE BY 4 COURT ORDER OR OTHERWISE; NOR SHALL IT BE OFFERED IN EVIDENCE 5 IN ANY ACTION OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO 6 A VIOLATION OF THIS SECTION, THE REGULATIONS OF THE 7 COMMISSION OR INDEMNIFICATION FOR LIABILITY IMPOSED PURSUANT 8 TO THIS SECTION. THE RESTRICTIONS SET FORTH IN THIS 9 PARAGRAPH: 10 (I) SHALL NOT BE DEEMED TO PRECLUDE A COURT OF 11 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING 12 THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT 13 OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND 14 IS REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW 15 ENFORCEMENT ACTION; 16 (II) SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF 17 THE INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION 18 OVER OR WHICH OPERATE AN ELECTRONIC TOLL COLLECTION 19 SYSTEM IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION; 20 AND 21 (III) SHALL NOT BE DEEMED TO PROHIBIT THE USE OF 22 INFORMATION EXCLUSIVELY FOR THE PURPOSE OF BILLING 23 ELECTRONIC TOLL COLLECTION ACCOUNT HOLDERS, DEDUCTING 24 TOLL CHARGES FROM THE ACCOUNT OF AN ACCOUNT HOLDER, 25 ENFORCING TOLL COLLECTION LAWS AND RELATED REGULATIONS OR 26 ENFORCING THE PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 27 (6) AN IMPOSITION OF LIABILITY UNDER THIS SECTION MUST 28 BE BASED UPON A PREPONDERANCE OF EVIDENCE. 29 (7) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION 30 SHALL NOT BE DEEMED A CONVICTION OF AN OWNER AND SHALL NOT BE 20070H1590B2170 - 241 -
1 MADE PART OF THE MOTOR VEHICLE OPERATING RECORD OF THE PERSON 2 UPON WHOM THE LIABILITY IS IMPOSED, NOR SHALL IT BE 3 CONSIDERED IN THE PROVISION OF MOTOR VEHICLE INSURANCE 4 COVERAGE. 5 (8) AN OWNER THAT ADMITS, IS FOUND LIABLE OR FAILS TO 6 RESPOND TO THE NOTICE OF VIOLATION FOR A VIOLATION OF THIS 7 SECTION SHALL BE CIVILLY LIABLE TO THE COMMISSION FOR ALL OF 8 THE FOLLOWING: 9 (I) EITHER: 10 (A) THE AMOUNT OF THE TOLL EVADED OR ATTEMPTED 11 TO BE EVADED IF THE AMOUNT CAN BE DETERMINED; OR 12 (B) THE MAXIMUM TOLL FROM THE FARTHEST POINT OF 13 ENTRY ON THE PENNSYLVANIA TURNPIKE TO THE ACTUAL 14 POINT OF EXIT IF THE AMOUNT OF THE TOLL EVADED OR 15 ATTEMPTED TO BE EVADED CANNOT BE DETERMINED. 16 (II) A REASONABLE ADMINISTRATIVE FEE NOT TO EXCEED 17 $35 PER NOTIFICATION. 18 (9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 19 THE LIABILITY OF THE OPERATOR OF A VEHICLE FOR A VIOLATION OF 20 THIS SECTION OR OF THE REGULATIONS OF THE COMMISSION. 21 (C) PLACEMENT OF ELECTRONIC TOLL COLLECTION DEVICE.--AN 22 ELECTRONIC TOLL COLLECTION DEVICE WHICH IS AFFIXED TO THE FRONT 23 WINDSHIELD OF A VEHICLE IN ACCORDANCE WITH THE REGULATIONS OF 24 THE COMMISSION SHALL NOT BE DEEMED TO CONSTITUTE A VIOLATION OF 25 75 PA.C.S. § 4524 (RELATING TO WINDSHIELD OBSTRUCTIONS AND 26 WIPERS). 27 (D) PRIVACY OF ELECTRONIC TOLL COLLECTION ACCOUNT HOLDER 28 INFORMATION.-- 29 (1) EXCEPT AS SET FORTH PARAGRAPH (2), NOTWITHSTANDING 30 ANY OTHER PROVISION OF LAW, ALL OF THE FOLLOWING APPLY TO 20070H1590B2170 - 242 -
1 INFORMATION KEPT BY THE COMMISSION, ITS AUTHORIZED AGENTS OR 2 ITS EMPLOYEES WHICH IS RELATED TO THE ACCOUNT OF AN 3 ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDER: 4 (I) THE INFORMATION SHALL BE FOR THE EXCLUSIVE USE 5 OF THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES 6 AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF 7 DISCHARGING THEIR DUTIES PURSUANT TO THIS SECTION AND THE 8 REGULATIONS OF THE COMMISSION. THIS SUBPARAGRAPH INCLUDES 9 NAMES, ADDRESSES, ACCOUNT NUMBERS, ACCOUNT BALANCES, 10 PERSONAL FINANCIAL INFORMATION, VEHICLE MOVEMENT RECORDS 11 AND OTHER INFORMATION COMPILED FROM TRANSACTIONS WITH THE 12 ACCOUNT HOLDERS. 13 (II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC 14 RECORD UNDER THE RIGHT-TO-KNOW LAW, NOR SHALL IT BE 15 DISCOVERABLE BY COURT ORDER OR OTHERWISE OR BE OFFERED IN 16 EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT 17 DIRECTLY RELATED TO THE DISCHARGE OF DUTIES UNDER THIS 18 SECTION, THE REGULATIONS OF THE COMMISSION OR A VIOLATION 19 OF AN ACCOUNT HOLDER AGREEMENT. 20 (2) PARAGRAPH (1) SHALL NOT BE DEEMED TO DO ANY OF THE 21 FOLLOWING: 22 (I) PRECLUDE A COURT OF COMPETENT JURISDICTION FROM 23 ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE 24 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION 25 IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN 26 CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION. 27 (II) PRECLUDE THE EXCHANGE OF THE INFORMATION 28 BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR WHICH 29 OPERATE AN ELECTRONIC TOLL COLLECTION SYSTEM IN THIS 30 COMMONWEALTH OR ANY OTHER JURISDICTION. 20070H1590B2170 - 243 -
1 (III) PROHIBIT THE USE OF THE INFORMATION 2 EXCLUSIVELY FOR THE PURPOSE OF BILLING ELECTRONIC TOLL 3 COLLECTION ACCOUNT HOLDERS, DEDUCTING TOLL CHARGES FROM 4 THE ACCOUNT OF AN ACCOUNT HOLDER, ENFORCING TOLL 5 COLLECTION LAWS AND RELATED REGULATIONS OR ENFORCING THE 6 PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 7 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "OWNER" 8 MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 9 ASSOCIATION, ORGANIZATION OR LESSOR THAT, AT THE TIME A VEHICLE 10 IS OPERATED IN VIOLATION OF THIS SECTION OR REGULATIONS OF THE 11 COMMISSION: 12 (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF THE VEHICLE; 13 (2) HAS TITLE TO THE VEHICLE; OR 14 (3) IS THE REGISTRANT OR COREGISTRANT OF THE VEHICLE 15 REGISTERED WITH THE DEPARTMENT OR A COMPARABLE AGENCY OF 16 ANOTHER JURISDICTION OR USES THE VEHICLE IN ITS VEHICLE 17 RENTING OR LEASING BUSINESS. THE TERM INCLUDES A PERSON 18 ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A 19 SECURITY INTEREST IN ANOTHER PERSON. 20 § 8118. REFUNDING BONDS. 21 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 22 THE ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS FOR THE PURPOSE 23 OF REFUNDING ISSUED AND OUTSTANDING TURNPIKE REVENUE BONDS, 24 NOTES OR OTHER OBLIGATIONS. APPLICABLE PROVISIONS OF THIS 25 CHAPTER GOVERN ALL OF THE FOLLOWING: 26 (1) ISSUANCE OF THE TURNPIKE REVENUE REFUNDING BONDS. 27 (2) MATURITIES AND OTHER DETAILS OF THE REFUNDING BONDS. 28 (3) RIGHTS OF THE HOLDERS OF THE BONDS. 29 (4) DUTIES OF THE COMMONWEALTH AND OF THE COMMISSION IN 30 RESPECT TO THE BONDS. 20070H1590B2170 - 244 -
1 § 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 2 (A) SCOPE.--THIS SECTION APPLIES TO ALL OF THE FOLLOWING: 3 (1) A HOLDER OF: 4 (I) A BOND, NOTE OR OTHER OBLIGATION ISSUED UNDER 5 THIS CHAPTER; OR 6 (II) A COUPON ATTACHED TO THE BOND, NOTE OR OTHER 7 OBLIGATION. 8 (2) THE TRUSTEE UNDER AN APPLICABLE TRUST INDENTURE. 9 (B) ENFORCEMENT.--SUBJECT TO SUBSECTION (C), A PERSON 10 REFERRED TO IN SUBSECTION (A) MAY, BY AN ACTION AT LAW OR IN 11 EQUITY, DO ALL OF THE FOLLOWING: 12 (1) PROTECT AND ENFORCE RIGHTS GRANTED UNDER THIS 13 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 14 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 15 REQUIRED BY THIS CHAPTER OR BY THE RESOLUTION OR TRUST 16 INDENTURE TO BE PERFORMED BY THE COMMISSION OR AN OFFICER OF 17 THE COMMISSION. THIS PARAGRAPH INCLUDES FIXING, CHARGING AND 18 COLLECTING OF TOLLS FOR THE USE OF THE TURNPIKES. 19 (C) RESTRICTION.--RIGHTS UNDER THIS CHAPTER MAY BE 20 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE BOND, 21 NOTE OR OTHER OBLIGATION OR BY THE TRUST INDENTURE. 22 § 8120. AUTHORITY GRANTED TO SECRETARY. 23 (A) AGREEMENT WITH FEDERAL GOVERNMENT.-- 24 (1) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN 25 AGREEMENT WITH THE UNITED STATES DEPARTMENT OF 26 TRANSPORTATION, THE FEDERAL HIGHWAY ADMINISTRATION AND ANY 27 OTHER FEDERAL AGENCY TO OBTAIN FEDERAL FUNDS FOR PROJECTS FOR 28 RESURFACING, RESTORING AND REHABILITATING TOLL ROADS IN THIS 29 COMMONWEALTH. THE COMMISSION IS AUTHORIZED TO USE FEDERAL 30 FUNDS WHICH MAY BE AVAILABLE FOR TOLL ROADS ONLY UPON 20070H1590B2170 - 245 -
1 APPROVAL OF THE SECRETARY AND ONLY UNDER THE AUTHORITY 2 GRANTED UNDER THIS SECTION. 3 (2) (RESERVED). 4 (B) APPROVAL BY DEPARTMENT.--A COPY OF EACH CONTRACT AND 5 AGREEMENT RELATING TO THE CONSTRUCTION OF THE TURNPIKES AND 6 CONNECTING TUNNELS, BRIDGES, SLIP INTERCHANGES AND SLIP RAMPS 7 SHALL BE PROVIDED TO THE DEPARTMENT FOR REVIEW AND COMMENT PRIOR 8 TO EXECUTION OF THIS CONTRACT OR AGREEMENT. 9 § 8121. (RESERVED). 10 § 8122. (RESERVED). 11 § 8123. CONSTRUCTION OF CHAPTER. 12 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 13 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 14 AS IN DEROGATION OF ANY POWERS NOW EXISTING AND SHALL BE 15 LIBERALLY CONSTRUED TO EFFECT ITS PURPOSES. 16 CHAPTER 82 17 TURNPIKE COMMISSION STANDARDS OF CONDUCT 18 SEC. 19 8201. SCOPE. 20 8202. DEFINITIONS. 21 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 22 MEMBERS AND EMPLOYEES. 23 8204. CODE OF CONDUCT. 24 8205. APPLICABILITY OF OTHER STATUTES. 25 § 8201. SCOPE. 26 THIS CHAPTER SHALL APPLY TO THE PENNSYLVANIA TURNPIKE 27 COMMISSION FORMED OR MAINTAINED UNDER AUTHORITY OF THE ACT OF 28 MAY 21, 1937 (P.L.774, NO.211), REFERRED TO AS THE PENNSYLVANIA 29 TURNPIKE COMMISSION ACT AND THE ACT OF SEPTEMBER 30, 1985 30 (P.L.240, NO.61), KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION 20070H1590B2170 - 246 -
1 AND TOLL ROAD CONVERSION ACT, OR ANY SUCCESSOR ENTITY. 2 § 8202. DEFINITIONS. 3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 4 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 5 CONTEXT CLEARLY INDICATES OTHERWISE: 6 "BUSINESS." ANY CORPORATION, PARTNERSHIP, SOLE 7 PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION, 8 ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT 9 STOCK COMPANY, RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED 10 FOR PROFIT. 11 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 12 "EXECUTIVE-LEVEL EMPLOYEE." THE CHIEF EXECUTIVE OFFICER, 13 CHIEF FINANCIAL OFFICER, CHIEF OPERATING OFFICER, CHIEF COUNSEL 14 OR ANY OTHER SENIOR MANAGEMENT EMPLOYEE WITH DISCRETIONARY 15 POWERS WHICH MAY AFFECT THE OUTCOME OF A PENNSYLVANIA TURNPIKE 16 COMMISSION ACTION OR DECISION OR WHO FUNCTIONS IN PRESS OR 17 PUBLIC RELATIONS, LEGISLATIVE LIAISON OR DEVELOPMENT OF 18 EXECUTIVE POLICY. 19 "FACILITY." REST AREAS, SERVICE PLAZAS, RESTAURANTS, FUELING 20 STATIONS, TRAFFIC ADVISORY SYSTEMS, CALL BOXES OR OTHER SERVICES 21 PROVIDED TO PERSONS USING TOLL ROADS OR HIGHWAYS OPERATED BY THE 22 PENNSYLVANIA TURNPIKE COMMISSION. 23 "IMMEDIATE FAMILY." A SPOUSE, PARENT, BROTHER, SISTER OR 24 CHILD. 25 "MEMBER." A COMMISSIONER APPOINTED TO THE PENNSYLVANIA 26 TURNPIKE COMMISSION, INCLUDING THE SECRETARY OF TRANSPORTATION, 27 AND ANY SUCCESSOR ENTITY THERETO. 28 "OWNERSHIP INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO 29 HOLD, DEBT OR EQUITY SECURITIES OR OTHER OWNERSHIP INTEREST OR 30 PROFIT INTEREST. 20070H1590B2170 - 247 -
1 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE; A 2 CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR COUNSEL OF A 3 STATE COMMITTEE OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE 4 COMMITTEE; OR A COUNTY CHAIRMAN, VICE CHAIRMAN, COUNSEL, 5 SECRETARY OR TREASURER OF A COUNTY COMMITTEE OR A CITY CHAIRMAN, 6 VICE CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A CITY 7 COMMITTEE. 8 "PENNSYLVANIA TURNPIKE COMMISSION." AN ENTITY FORMED OR 9 MAINTAINED UNDER AUTHORITY OF THE ACT OF MAY 21, 1937 (P.L.774, 10 NO.211), REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION 11 ACT, AND THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), KNOWN 12 AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION 13 ACT, OR ANY SUCCESSOR ENTITY. 14 § 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 15 MEMBERS AND EMPLOYEES. 16 (A) GENERAL RULE.--THE FOLLOWING QUALIFICATIONS AND 17 RESTRICTIONS SHALL APPLY TO MEMBERS AND EXECUTIVE-LEVEL 18 EMPLOYEES: 19 (1) A MEMBER SHALL BE AT LEAST 25 YEARS OF AGE AND SHALL 20 HAVE BEEN A RESIDENT OF THIS COMMONWEALTH FOR A PERIOD OF AT 21 LEAST ONE YEAR IMMEDIATELY PRECEDING APPOINTMENT. EACH MEMBER 22 SHALL CONTINUE TO REMAIN A RESIDENT OF THIS COMMONWEALTH 23 DURING THE TERM OF MEMBERSHIP ON THE COMMISSION. 24 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO 25 PERSON SHALL BE APPOINTED OR SERVE AS A MEMBER OR HOLD AN 26 EXECUTIVE-LEVEL POSITION IF THAT PERSON HOLDS ANY OTHER 27 ELECTED OFFICE OR PARTY OFFICE. 28 (3) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL BE A 29 PUBLIC OFFICIAL OR PARTY OFFICER IN THIS COMMONWEALTH OR ANY 30 OF ITS POLITICAL SUBDIVISIONS. 20070H1590B2170 - 248 -
1 (4) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL BE 2 PAID OR RECEIVE ANY FEE OR OTHER COMPENSATION OTHER THAN 3 SALARY AND EXPENSES PROVIDED BY LAW FOR ANY ACTIVITY 4 DIRECTLY PERTAINING TO THE DUTIES OF THE COMMISSION. 5 (II) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO 6 PROHIBIT A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE FROM 7 ENGAGING IN ANY EMPLOYMENT OR VOCATION THAT IS NOT 8 INCOMPATIBLE WITH SERVICE AS A MEMBER OR EXECUTIVE-LEVEL 9 EMPLOYEE. 10 (5) (I) AT THE TIME OF APPOINTMENT AND ANNUALLY 11 THEREAFTER, EACH MEMBER SHALL DISCLOSE THE EXISTENCE OF 12 ALL OWNERSHIP INTERESTS IN ANY FACILITY OR BUSINESS WITH 13 WHICH THE COMMISSION HAS CONTRACTED FOR ROADWAY 14 CONSTRUCTION OR MAINTENANCE OR SERVICES OF ANY KIND. 15 (II) THE DISCLOSURE STATEMENT SHALL BE FILED WITH 16 THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION AND SHALL 17 BE OPEN TO INSPECTION BY THE PUBLIC AT THE OFFICE OF THE 18 COMMISSION DURING NORMAL BUSINESS HOURS OF THE COMMISSION 19 DURING THE TENURE OF THE MEMBER. 20 (B) FIDUCIARY RELATIONSHIP.--EACH MEMBER AND EXECUTIVE-LEVEL 21 EMPLOYEE OF THE COMMISSION SHALL SERVE AS A FIDUCIARY OF THE 22 COMMONWEALTH. 23 § 8204. CODE OF CONDUCT. 24 (A) CONTENTS.--THE COMMISSION SHALL ADOPT A COMPREHENSIVE 25 CODE OF CONDUCT. THE CODE OF CONDUCT SHALL SUPPLEMENT ALL OTHER 26 REQUIREMENTS UNDER THIS CHAPTER AND SHALL PROVIDE GUIDELINES 27 APPLICABLE TO MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE 28 COMMISSION AND THE IMMEDIATE FAMILIES OF THE MEMBERS AND 29 EXECUTIVE-LEVEL EMPLOYEES OF THE COMMISSION TO ENABLE THEM TO 30 AVOID ANY PERCEIVED OR ACTUAL CONFLICT OF INTEREST AND TO 20070H1590B2170 - 249 -
1 PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF 2 THE COMMISSION. AT A MINIMUM, THE CODE OF CONDUCT ADOPTED UNDER 3 THIS SECTION SHALL PROVIDE THAT: 4 (1) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE OF THE 5 COMMISSION MAY ACCEPT ANY DISCOUNT, GIFT, GRATUITY, 6 COMPENSATION, TRAVEL, LODGING OR OTHER THING OF VALUE, 7 DIRECTLY OR INDIRECTLY, FROM ANY FACILITY OR BUSINESS WITH 8 WHICH THE COMMISSION HAS A CONTRACTUAL RELATIONSHIP. 9 (2) MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE 10 COMMISSION SHALL REFRAIN FROM ANY FINANCIAL OR BUSINESS 11 DEALING WHICH WOULD REFLECT ADVERSELY ON THE MEMBER'S 12 OBJECTIVITY, IMPARTIALITY OR INDEPENDENCE OF JUDGMENT. 13 (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY USE 14 THE PROMISE OF BUSINESS WITH THE COMMISSION TO SOLICIT 15 FUNDS FOR ANY CHARITABLE, EDUCATIONAL, RELIGIOUS, HEALTH, 16 FRATERNAL, CIVIC OR OTHER NONPROFIT ENTITY. 17 (II) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SERVE 18 AS AN OFFICER, EMPLOYEE OR MEMBER OF THE GOVERNING BODY 19 OF A NONPROFIT ENTITY AND MAY ATTEND, MAKE PERSONAL 20 CONTRIBUTIONS TO AND PLAN OR PRESIDE OVER THE ENTITY'S 21 FUNDRAISING EVENTS. 22 (III) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY 23 PERMIT HIS NAME TO APPEAR ON THE LETTERHEAD USED FOR 24 FUNDRAISING EVENTS IF THE LETTERHEAD CONTAINS ONLY THE 25 MEMBER'S NAME AND POSITION WITH THE NONPROFIT ENTITY. 26 (4) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE NOR THE 27 IMMEDIATE FAMILY OF SUCH PERSON, SHALL PARTICIPATE IN ANY 28 HEARING OR PROCEEDING IN WHICH THAT PERSON MAY HAVE A DIRECT 29 OR INDIRECT PECUNIARY INTEREST. 30 (5) (I) A MEMBER SHALL ABSTAIN FROM ANY VOTE OR 20070H1590B2170 - 250 -
1 DECISION WHICH AUTHORIZES A CONTRACT IN WHICH THE MEMBER 2 HAS ANY PECUNIARY INTEREST. THE MEMBER SHALL DISCLOSE THE 3 INTEREST IN A PUBLIC MEETING PRIOR TO THE VOTE OR 4 DECISION. 5 (II) FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL 6 MAKE THE CONTRACT NULL AND VOID. 7 (6) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY ACCEPT 8 EMPLOYMENT WITH ANY FACILITY OR BUSINESS WITH WHICH THE 9 COMMISSION DOES BUSINESS FOR A PERIOD OF ONE YEAR FROM THE 10 TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. 11 (7) A MEMBER OF THE COMMISSION WHO HAS BEEN CONVICTED 12 DURING HIS TERM IN ANY DOMESTIC OR FOREIGN JURISDICTION OF A 13 FELONY OR A CRIME OF MORAL TURPITUDE SHALL, UPON CONVICTION, 14 BE AUTOMATICALLY REMOVED FROM THE COMMISSION AND SHALL BE 15 INELIGIBLE TO BECOME A COMMISSION MEMBER IN THE FUTURE. 16 (8) NO MEMBER MAY SOLICIT, REQUEST, SUGGEST OR RECOMMEND 17 THE EMPLOYMENT, BY EITHER THE COMMISSION OR A CONTRACTOR WITH 18 THE COMMISSION, OF ANY INDIVIDUAL RELATED WITHIN THE FIRST 19 DEGREE OF CONSANGUINITY TO THE MEMBER AS SET FORTH IN 23 20 PA.C.S. § 1304(E) (RELATING TO RESTRICTIONS ON ISSUANCE OF 21 LICENSE) OR THE SPOUSE OF THE INDIVIDUAL. 22 (B) AUDIT.-- 23 (1) AT LEAST ONCE EVERY FOUR YEARS, THE DEPARTMENT OF 24 THE AUDITOR GENERAL SHALL REVIEW THE PERFORMANCE, PROCEDURES, 25 OPERATING BUDGET, CAPITAL BUDGET AND DEBT OF THE COMMISSION 26 AND SHALL AUDIT, SETTLE AND ADJUST THE ACCOUNTS OF THE 27 COMMISSION. 28 (2) THE AUDITOR GENERAL SHALL BE ENTITLED TO GO BEYOND 29 MERE FINANCIAL STATEMENTS, AND SHALL BE ENTITLED TO EXAMINE 30 ORIGINAL SOURCE DOCUMENTS AT SUCH TIME AS IS BELIEVED 20070H1590B2170 - 251 -
1 NECESSARY OR MAY OTHERWISE EXAMINE ORIGINAL DOCUMENTS ON A 2 RANDOM BASIS DESIGNED TO ENSURE THE INTEGRITY OF THE AUDIT. 3 § 8205. APPLICABILITY OF OTHER STATUTES. 4 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF 5 LAW, THE FOLLOWING ACTS SHALL APPLY TO THE COMMISSION UNDER THIS 6 CHAPTER: 7 (1) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED 8 TO AS THE RIGHT-TO-KNOW LAW. 9 (2) THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN 10 AS THE STATE ADVERSE INTEREST ACT. 11 (3) THE PROVISIONS OF 65 PA.C.S. CHS. 7 (RELATING TO 12 OPEN MEETINGS) AND 11 (RELATING TO ETHICS STANDARDS AND 13 FINANCIAL DISCLOSURE). 14 (B) STATUS OF COMMISSION.--THE COMMISSION SHALL BE 15 CONSIDERED AN "AGENCY" FOR THE PURPOSES OF THE FOLLOWING: 16 (1) THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED 17 TO AS THE COMMONWEALTH DOCUMENTS LAW. 18 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 19 THE REGULATORY REVIEW ACT. 20 SECTION 5. SECTION 8901 OF TITLE 75 IS AMENDED TO READ: 21 § 8901. DEFINITIONS. 22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 23 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 24 CONTEXT CLEARLY INDICATES OTHERWISE: 25 "ANNUAL ADDITIONAL RENT." AS FOLLOWS: 26 (1) DURING THE CONVERSION PERIOD AND AFTER THE 27 CONVERSION DATE, A SUM EQUAL TO THE SCHEDULED ANNUAL 28 COMMISSION CONTRIBUTION, MINUS THE SUM OF: 29 (I) $200,000,000 PAID AS ANNUAL BASE PAYMENTS; 30 (II) ANY INTERSTATE 80 SAVINGS FOR THAT FISCAL YEAR. 20070H1590B2170 - 252 -
1 (2) IF THE CONVERSION PERIOD HAS EXPIRED AND A 2 CONVERSION NOTICE HAS NOT BEEN RECEIVED BY THE SECRETARY, IN 3 EACH SUBSEQUENT FISCAL YEAR UNTIL THE END OF THE TERM OF THE 4 LEASE AGREEMENT THE ANNUAL ADDITIONAL PAYMENTS SHALL BE 5 $250,000,000. 6 "ANNUAL BASE PAYMENTS." AN AMOUNT EQUAL TO THE SUM OF THE 7 FOLLOWING: 8 (1) ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED 9 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) 10 PAYABLE AS REQUIRED PURSUANT TO THE BONDS. 11 (2) TWO HUNDRED MILLION DOLLARS PAYABLE ANNUALLY IN FOUR 12 EQUAL INSTALLMENTS EACH DUE THE LAST BUSINESS DAY OF EACH 13 JULY, OCTOBER, JANUARY AND APRIL. 14 "ANNUAL SURPLUS PAYMENTS." AN AMOUNT EQUAL TO THE GENERAL 15 RESERVE FUND SURPLUS PAYABLE FOR EACH FISCAL YEAR UNTIL THE END 16 OF THE TERM OF THE LEASE AGREEMENT. 17 "AUDITOR GENERAL'S CERTIFICATE." THE CERTIFICATE ISSUED BY 18 THE AUDITOR GENERAL WITHIN 180 DAYS AFTER THE END OF EACH FISCAL 19 YEAR OF THE PENNSYLVANIA TURNPIKE COMMISSION CERTIFYING ALL OF 20 THE FOLLOWING: 21 (1) THE AMOUNT OF THE GENERAL RESERVE FUND SURPLUS FOR 22 THE FISCAL YEAR. 23 (2) AFTER REVIEW OF THE COMMISSION'S CURRENT TEN-YEAR 24 CAPITAL PLAN, THAT THE TRANSFER OF THE GENERAL RESERVE FUND 25 SURPLUS UNDER SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 26 80) SHALL NOT IMPAIR THE ABILITY OF THE COMMISSION TO MEET 27 ITS OBLIGATIONS UNDER THE LEASE AGREEMENT OR THE COMMISSION'S 28 TEN-YEAR CAPITAL PLAN. 29 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 30 "CONVERSION DATE." THE DATE SET FORTH IN THE CONVERSION 20070H1590B2170 - 253 -
1 NOTICE WHEN THE PENNSYLVANIA TURNPIKE COMMISSION INTENDS TO 2 EXERCISE ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD. 3 "CONVERSION NOTICE." WRITTEN NOTICE TO THE SECRETARY OF 4 TRANSPORTATION FROM THE PENNSYLVANIA TURNPIKE COMMISSION 5 PROVIDING NOTICE OF ITS INTENT TO ASSUME CONTROL OVER INTERSTATE 6 80 UNDER SECTION 8915.3(3) (RELATING TO LEASE OF INTERSTATE 80). 7 "CONVERSION PERIOD." A PERIOD OF THREE YEARS: 8 (1) WHICH BEGINS ON THE DATE OF EXECUTION OF THE LEASE 9 AGREEMENT; AND 10 (2) DURING WHICH THE PENNSYLVANIA TURNPIKE COMMISSION 11 MAY GIVE THE DEPARTMENT OF TRANSPORTATION CONVERSION NOTICE 12 OR NOTICE THAT THE COMMISSION HAS EXERCISED ITS OPTION TO 13 EXTEND THE CONVERSION PERIOD PURSUANT TO SECTION 8915.3(2) 14 (RELATING TO LEASE OF INTERSTATE 80). 15 "FISCAL YEAR." THE FISCAL YEAR OF THE COMMONWEALTH. 16 "GENERAL RESERVE FUND SURPLUS." THE AMOUNT WHICH: 17 (1) IS CERTIFIED BY THE AUDITOR GENERAL IN THE AUDITOR 18 GENERAL'S CERTIFICATE AS EXISTING IN THE PENNSYLVANIA 19 TURNPIKE COMMISSION'S GENERAL RESERVE FUND ON THE LAST DAY OF 20 THE FISCAL YEAR; AND 21 (2) IS NOT REQUIRED TO BE RETAINED IN THE GENERAL 22 RESERVE FUND PURSUANT TO ANY FINANCIAL DOCUMENTS, FINANCIAL 23 COVENANTS, INSURANCE POLICIES, LIQUIDITY POLICIES OR 24 AGREEMENTS IN EFFECT AT THE COMMISSION. 25 "INTERSTATE 80 SAVINGS." AN AMOUNT EQUAL TO THE FOLLOWING: 26 (1) PRIOR TO THE CONVERSION DATE, THE AMOUNT SHALL BE 27 ZERO. 28 (2) IN THE FIRST FISCAL YEAR INCLUDING THE CONVERSION 29 DATE, THE AMOUNT SHALL BE A PRO RATA SHARE OF $116,985,856 30 CALCULATED USING THE NUMBER OF CALENDAR DAYS IN THE YEAR 20070H1590B2170 - 254 -
1 AFTER THE CONVERSION DATE DIVIDED BY 365 DAYS. 2 (3) IN THE FISCAL YEAR SUCCEEDING THE YEAR INCLUDING THE 3 CONVERSION DATE, THE AMOUNT SHALL BE $121,665,290. 4 (4) IN SUBSEQUENT FISCAL YEARS, THE AMOUNT SHALL BE THE 5 AMOUNT CALCULATED FOR THE PREVIOUS YEAR INCREASED BY 4%. 6 "LEASE AGREEMENT." A LEASE AGREEMENT BETWEEN THE DEPARTMENT 7 OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION WHICH 8 SHALL INCLUDE PROVISIONS SETTING FORTH THE TERMS OF THE 9 CONVERSION OF INTERSTATE 80 TO A TOLL ROAD. 10 "SCHEDULED ANNUAL COMMISSION CONTRIBUTION." THE FOLLOWING 11 AMOUNTS: 12 (1) $700,000,000 IN FISCAL YEAR 2007-2008. 13 (2) $850,000,000 IN FISCAL YEAR 2008-2009. 14 (3) $900,000,000 IN FISCAL YEAR 2009-2010. 15 (4) FOR FISCAL YEAR 2010-2011, AND EACH FISCAL YEAR 16 THEREAFTER, THE AMOUNT SHALL BE THE AMOUNT CALCULATED FOR THE 17 PREVIOUS YEAR INCREASED BY 2.5%, EXCEPT THAT THE AMOUNT SHALL 18 BE EQUAL TO THE ANNUAL BASE PAYMENTS PLUS $250,000,000 IF THE 19 CONVERSION NOTICE IS NOT RECEIVED BY THE SECRETARY PRIOR TO 20 THE EXPIRATION OF THE CONVERSION PERIOD. 21 SECTION 6. SECTION 8911 INTRODUCTORY PARAGRAPH OF TITLE 75 22 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO 23 READ: 24 § 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS. 25 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 26 THIS COMMONWEALTH, THE COMMISSION IS HEREBY AUTHORIZED AND 27 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS 28 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND 29 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND 30 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS, 20070H1590B2170 - 255 -
1 STORM WATER MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, 2 TUNNELS AND BRIDGES, SUBJECT TO THE WAIVER OF THE FEDERAL TOLL 3 PROHIBITION PROVISIONS WHERE APPLICABLE, AS FOLLOWS: 4 * * * 5 (10) OTHER SLIP RAMPS AND INTERCHANGES AS THE COMMISSION 6 MAY DETERMINE. 7 SECTION 7. SECTION 8915 INTRODUCTORY PARAGRAPH OF TITLE 75 8 IS AMENDED TO READ: 9 § 8915. CONVERSION TO TOLL ROADS. 10 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 11 THIS COMMONWEALTH, AND [AFTER] TO FACILITATE THE COMPLETION OF 12 THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTION 13 8911 (RELATING TO IMPROVEMENT AND EXTENSION AUTHORIZATIONS), AND 14 SUBJECT TO PRIOR LEGISLATIVE APPROVAL BY THE GENERAL ASSEMBLY 15 AND THE UNITED STATES CONGRESS, THE COMMISSION IS HEREBY 16 AUTHORIZED AND EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS 17 OF PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY [BE REQUIRED 18 IN ORDER TO] FACILITATE THE COMPLETION OF THE TURNPIKE 19 EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTIONS 8912 20 (RELATING TO SUBSEQUENT EXTENSION AUTHORIZATIONS), 8913 21 (RELATING TO ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS) AND 22 8914 (RELATING TO FURTHER SUBSEQUENT AUTHORIZATIONS) AND TO 23 OPERATE AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS 24 UPON THE APPROVAL BY THE CONGRESS OF THE UNITED STATES OF 25 AMERICA AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF 26 LEGISLATION EXPRESSLY PERMITTING THE CONVERSION OF SUCH 27 INTERSTATES TO TOLL ROADS. SUCH CONVERSIONS SHALL TAKE PLACE AT 28 A TIME AND MANNER SET FORTH IN THE PLAN FOR THE CONVERSION 29 PREPARED BY THE COMMISSION WITH THE COOPERATION OF THE 30 DEPARTMENT. THE PROVISIONS AUTHORIZING THE COMMISSION TO 20070H1590B2170 - 256 -
1 CONSTRUCT, OPERATE AND MAINTAIN THE TURNPIKE ROUTES IN SECTIONS 2 8911, 8912 AND 8913 SHALL BE SUBJECT TO: 3 * * * 4 SECTION 8. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: 5 § 8915.1. CONVERSION OF INTERSTATE 80. 6 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 7 COMMONWEALTH, THE COMMISSION IS AUTHORIZED AND EMPOWERED TO DO 8 ALL OF THE FOLLOWING: 9 (1) CONVERT INTERSTATE 80 TO A TOLL ROAD AND MAINTAIN 10 AND OPERATE IT AS A TOLL ROAD. 11 (2) CONSTRUCT, RECONSTRUCT, WIDEN, EXPAND, EXTEND, 12 OPERATE, MAINTAIN AND MAINTAIN AND OPERATE INTERSTATE 80 FROM 13 A POINT AT OR NEAR THE OHIO BORDER TO A POINT AT OR NEAR THE 14 NEW JERSEY BORDER, TOGETHER WITH CONNECTING ROADS, 15 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES. 16 (3) ISSUE TURNPIKE REVENUE BONDS, NOTES OR OTHER 17 OBLIGATIONS, PAYABLE SOLELY FROM REVENUES OF THE COMMISSION, 18 INCLUDING TOLLS, OR FROM FUNDS AS MAY BE AVAILABLE TO THE 19 COMMISSION FOR THAT PURPOSE, TO PAY THE COST OF CONSTRUCTION, 20 RECONSTRUCTING, WIDENING, EXPANDING OR EXTENDING OR ANY OTHER 21 COSTS OF INTERSTATE 80 AND THE PENNSYLVANIA TURNPIKE. 22 § 8915.2. APPLICATION TO UNITED STATES DEPARTMENT OF 23 TRANSPORTATION. 24 (A) APPLICATION.--THE COMMISSION, IN CONSULTATION WITH THE 25 DEPARTMENT AND AT ITS OWN EXPENSE, IS AUTHORIZED TO PREPARE AND 26 SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 27 TRANSPORTATION FOR THE CONVERSION OF INTERSTATE 80 TO A TOLL 28 ROAD. THE SECRETARY SHALL ENSURE THAT ALL INFORMATION REQUIRED 29 FOR THE APPLICATION IS MADE AVAILABLE TO THE COMMISSION AS SOON 30 AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTION. 20070H1590B2170 - 257 -
1 (B) OPEN SYSTEM.--A TOLL SYSTEM SHALL CONSIST OF WHAT IS 2 COMMONLY REFERRED TO AS AN OPEN SYSTEM WITH NO MORE THAN TEN 3 TOLL COLLECTION POINTS. 4 (C) OTHER AGREEMENTS.--THE COMMISSION AND THE DEPARTMENT MAY 5 ENTER INTO ANY OTHER AGREEMENTS AS MAY BE NECESSARY TO 6 EFFECTUATE THE EXECUTION OF THE APPLICATION FILED UNDER THIS 7 SECTION. 8 § 8915.3. LEASE OF INTERSTATE 80; RELATED AGREEMENTS. 9 THE DEPARTMENT AND THE COMMISSION SHALL ENTER INTO A LEASE 10 AGREEMENT RELATING TO INTERSTATE 80 PRIOR TO OCTOBER 15, 2007. 11 THE LEASE AGREEMENT SHALL INCLUDE PROVISIONS SETTING FORTH THE 12 TERMS AND CONDITIONS OF THE CONVERSION OF INTERSTATE 80 TO A 13 TOLL ROAD. THE LEASE AGREEMENT AND ANY RELATED AGREEMENT, AT A 14 MINIMUM, SHALL INCLUDE THE FOLLOWING: 15 (1) A PROVISION THAT THE TERM OF THE LEASE AGREEMENT 16 SHALL BE 50 YEARS, UNLESS EXTENDED UPON MUTUAL AGREEMENT OF 17 THE PARTIES TO THE LEASE AGREEMENT. 18 (2) A PROVISION ESTABLISHING A CONVERSION PERIOD AND 19 AUTHORIZING EXTENSION OF THE CONVERSION PERIOD AT THE SOLE 20 OPTION OF THE COMMISSION FOR THREE ONE-YEAR EXTENSION PERIODS 21 AFTER CONSULTATION WITH THE SECRETARY. THE COMMISSION SHALL 22 NOTIFY THE SECRETARY OF ITS INTENT TO EXTEND THE CONVERSION 23 PERIOD NOT LESS THAN 90 DAYS BEFORE THE SCHEDULED EXPIRATION 24 OF THE CONVERSION PERIOD. DURING THE CONVERSION PERIOD, ALL 25 LEGAL, FINANCIAL AND OPERATIONAL RESPONSIBILITY FOR 26 INTERSTATE 80 SHALL REMAIN WITH THE DEPARTMENT. ALL 27 OPERATIONS AND PROGRAMMED REHABILITATION SHALL BE MAINTAINED 28 AT LEVELS NO LESS FAVORABLE THAN THOSE SET FORTH IN THE 29 DEPARTMENT'S 12-YEAR PLAN AT THE TIME OF THE EXECUTION OF THE 30 LEASE, WITH MODIFICATIONS AS ARE APPROVED IN WRITING BY THE 20070H1590B2170 - 258 -
1 CHAIRMAN OF THE COMMISSION. 2 (3) A PROVISION PERMITTING THE COMMISSION TO EXERCISE 3 ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD PRIOR TO 4 THE EXPIRATION OF THE CONVERSION PERIOD BY PROVIDING THE 5 CONVERSION NOTICE TO THE SECRETARY. BEGINNING ON THE 6 CONVERSION DATE, ALL LEGAL, FINANCIAL AND OPERATIONAL 7 RESPONSIBILITY FOR INTERSTATE 80, AS WELL AS ALL TOLL 8 REVENUES SUBSEQUENTLY COLLECTED WITH RESPECT TO ITS USE, 9 SHALL AUTOMATICALLY TRANSFER TO THE COMMISSION. THE 10 SECRETARY, WITHIN FIVE BUSINESS DAYS AFTER RECEIVING THE 11 CONVERSION NOTICE, SHALL FORWARD NOTICE OF THE CONVERSION 12 DATE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN 13 THE PENNSYLVANIA BULLETIN. ANY REVENUES COLLECTED PRIOR TO 14 THE CONVERSION DATE SHALL BE RETAINED BY THE DEPARTMENT. THE 15 COMMISSION MAY CONTRACT WITH THE DEPARTMENT FOR ANY PORTION 16 OF THE MAINTENANCE OF INTERSTATE 80 AT COST LEVELS AGREED TO 17 BY THE DEPARTMENT AND THE COMMISSION. 18 (4) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 19 BASE PAYMENTS TO THE DEPARTMENT DURING THE TERM OF THE LEASE 20 AGREEMENT. 21 (5) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 22 ADDITIONAL PAYMENTS TO THE DEPARTMENT. THE ANNUAL ADDITIONAL 23 PAYMENTS SHALL BE PAYABLE IN FOUR EQUAL INSTALLMENTS ON THE 24 LAST BUSINESS DAY OF EACH JULY, OCTOBER, JANUARY AND APRIL OF 25 EACH YEAR DURING THE TERM OF THE LEASE AGREEMENT. 26 (6) A PROVISION REQUIRING THE COMMISSION TO PAY, 27 COMMENCING IN THE FISCAL YEAR INCLUDING THE CONVERSION DATE, 28 ANNUAL SURPLUS PAYMENTS TO THE DEPARTMENT. THE ANNUAL SURPLUS 29 PAYMENTS SHALL BE PAYABLE BY THE COMMISSION WITHIN 30 DAYS OF 30 RECEIPT BY THE COMMISSION OF THE AUDITOR GENERAL'S 20070H1590B2170 - 259 -
1 CERTIFICATE. 2 (7) A PROVISION STATING THAT THE OBLIGATION OF THE 3 COMMISSION TO PAY THE ANNUAL BASE PAYMENTS, THE ANNUAL 4 ADDITIONAL PAYMENTS AND ANNUAL SURPLUS PAYMENTS SHALL BE A 5 SUBORDINATE OBLIGATION OF THE COMMISSION PAYABLE FROM AMOUNTS 6 IN THE GENERAL RESERVE FUND OF THE COMMISSION ONLY AS 7 PERMITTED BY ANY FINANCING DOCUMENTS, FINANCIAL COVENANTS, 8 LIQUIDITY POLICIES OR AGREEMENTS IN EFFECT AT THE COMMISSION. 9 § 8915.4. INITIAL PAYMENT. 10 (A) COMMISSION PAYMENT REQUIRED.--WITHIN 20 DAYS AFTER THE 11 EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL PAY TO THE 12 DEPARTMENT AN AMOUNT EQUAL TO $62,500,000, WHICH SHALL BE 13 DEPOSITED INTO THE PUBLIC TRANSPORTATION TRUST FUND. THE AMOUNT 14 PAID SHALL REPRESENT 25% OF THE AMOUNT THE DEPARTMENT IS 15 REQUIRED TO DEPOSIT INTO THE PUBLIC TRANSPORTATION TRUST FUND 16 UNDER 74 PA.C.S. § 1506(B)(1)(I)(A) (RELATING TO FUND) AND 17 PAYABLE BY THE COMMISSION UNDER THE LEASE AGREEMENT REQUIRED TO 18 BE EXECUTED BETWEEN THE COMMISSION AND THE DEPARTMENT UNDER 19 SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 80). 20 (B) USE OF PAYMENT.--THE DEPARTMENT SHALL ALLOCATE THE FUNDS 21 RECEIVED UNDER SUBSECTION (A) AS PRESCRIBED UNDER 74 PA.C.S. § 22 1506. 23 (C) CREDITS.--THE PAYMENT MADE BY THE COMMISSION UNDER THIS 24 SECTION SHALL BE CREDITED AGAINST THE TOTAL AMOUNT OWED BY THE 25 COMMISSION UNDER THE LEASE AGREEMENT FOR THE 2007-2008 FISCAL 26 YEAR. 27 § 8915.5. OTHER INTERSTATE HIGHWAYS. 28 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 29 COMMONWEALTH AND PURSUANT TO THE AUTHORITY GRANTED UNDER THIS 30 CHAPTER, THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO: 20070H1590B2170 - 260 -
1 (1) AT ITS OWN EXPENSE AND IN CONSULTATION WITH THE 2 DEPARTMENT, PREPARE A CONSULTING CIVIL ENGINEER REPORT AND 3 FINANCIAL ANALYSIS WITH RESPECT TO THE FEASIBILITY OF 4 CONVERTING ANY INTERSTATE HIGHWAY OR INTERSTATE HIGHWAY 5 SEGMENT TO A TOLL ROAD OR ADDING TO SAID INTERSTATES 6 ADDITIONAL CAPACITY PROJECTS FINANCED BY TOLLS; AND 7 (2) AT ITS OWN EXPENSE, AND IN CONSULTATION WITH THE 8 DEPARTMENT AND WITH APPROVAL OF THE GENERAL ASSEMBLY, PREPARE 9 AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 10 TRANSPORTATION FOR THE CONVERSION OF ANY INTERSTATE OR 11 INTERSTATE SEGMENT DETERMINED TO BE ELIGIBLE FOR CONVERSION 12 TO A TOLL ROAD UNDER ANY APPLICABLE FEDERAL PROGRAM. 13 § 8915.6. DEPOSIT AND DISTRIBUTION OF FUNDS. 14 (A) DEPOSITS.--THE FOLLOWING AMOUNTS FROM THE SCHEDULED 15 ANNUAL COMMISSION CONTRIBUTION SHALL BE DEPOSITED IN THE MOTOR 16 LICENSE FUND: 17 (1) FOR FISCAL YEAR 2007-2008, $450,000,000. 18 (2) FOR FISCAL YEAR 2008-2009, $500,000,000. 19 (3) FOR FISCAL YEAR 2009-2010, $500,000,000. 20 (4) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL YEAR 21 THEREAFTER, THE AMOUNT CALCULATED FOR THE PREVIOUS YEAR 22 INCREASED BY 2.5%. 23 (B) DISTRIBUTION.--THE FOLLOWING SHALL APPLY: 24 (1) ANNUALLY, 15% OF THE AMOUNT DEPOSITED IN ANY FISCAL 25 YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED AT THE 26 DISCRETION OF THE SECRETARY. 27 (2) ANNUALLY, $5,000,000 OF THE AMOUNT DEPOSITED IN ANY 28 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 29 COUNTIES. 30 (I) THE DISTRIBUTION SHALL BE IN THE RATIO OF: 20070H1590B2170 - 261 -
1 (A) THE SQUARE FOOTAGE OF DECK AREA OF A 2 COUNTY'S COUNTY-OWNED BRIDGES; TO 3 (B) THE TOTAL SQUARE FOOTAGE OF DECK AREA OF 4 COUNTY-OWNED BRIDGES THROUGHOUT THIS COMMONWEALTH. 5 (II) THE AMOUNT OF SQUARE FOOTAGE UNDER SUBPARAGRAPH 6 (I) SHALL BE THAT REPORTED AS PART OF THE NATIONAL BRIDGE 7 INSPECTION STANDARDS PROGRAM. 8 (3) ANNUALLY, $30,000,000 OF THE AMOUNT DEPOSITED IN ANY 9 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 10 MUNICIPALITIES PURSUANT TO THE ACT OF JUNE 1, 1956 (1955 11 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX 12 MUNICIPAL ALLOCATION LAW. 13 (4) ANY FUNDS DEPOSITED UNDER SUBSECTION (A) BUT NOT 14 DISTRIBUTED UNDER PARAGRAPHS (1), (2) AND (3) SHALL BE 15 DISTRIBUTED IN ACCORDANCE WITH NEEDS-BASED FORMULAS THAT ARE 16 DEVELOPED AND SUBJECT TO PERIODIC REVISION BASED ON 17 CONSULTATION AND COLLABORATION AMONG METROPOLITAN PLANNING 18 ORGANIZATIONS, RURAL PLANNING ORGANIZATIONS AND THE 19 DEPARTMENT. 20 (C) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 21 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 22 SUBSECTION, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 23 "METROPOLITAN PLANNING ORGANIZATION." THE POLICY BOARD OF AN 24 ORGANIZATION CREATED AND DESIGNATED TO CARRY OUT THE 25 METROPOLITAN TRANSPORTATION PLANNING PROCESS. 26 "RURAL PLANNING ORGANIZATION." THE ORGANIZATION OF COUNTIES 27 WITH POPULATIONS OF LESS THAN 50,000 CREATED AND DESIGNATED AS 28 LOCAL DEVELOPMENT DISTRICTS AND WHICH CARRY OUT THE RURAL 29 TRANSPORTATION PLANNING PROCESS. 30 § 8917. FINANCIAL PLAN. 20070H1590B2170 - 262 -
1 (A) SUBMISSION.-- 2 (1) NO LATER THAN APRIL 1 OF EACH YEAR, THE COMMISSION 3 SHALL PREPARE AND PROVIDE TO THE SECRETARY OF THE BUDGET A 4 FINANCIAL PLAN FOR THE ENSUING FISCAL YEAR OF THE COMMISSION 5 THAT DESCRIBES THE COMMISSION'S PROPOSED: 6 (I) OPERATING AND CAPITAL EXPENDITURES; 7 (II) BORROWINGS; 8 (III) LIQUIDITY AND OTHER FINANCIAL MANAGEMENT 9 COVENANTS AND POLICIES; 10 (IV) ESTIMATED TOLL RATES; AND 11 (V) ALL OTHER REVENUES AND EXPENDITURES. 12 (2) THE FINANCIAL PLAN SHALL DEMONSTRATE THAT THE 13 OPERATION OF THE COMMISSION IN ACCORDANCE WITH THE PLAN CAN 14 REASONABLY BE ANTICIPATED TO RESULT IN THE COMMISSION HAVING 15 UNENCUMBERED FUNDS DURING THE ENSUING AND FUTURE FISCAL YEARS 16 OF THE COMMISSION SUFFICIENT TO MAKE THE PAYMENTS DUE TO THE 17 DEPARTMENT UNDER THIS CHAPTER AND THE LEASE AGREEMENT FOR THE 18 ENSUING AND FUTURE FISCAL YEARS AFTER ALL OTHER OBLIGATIONS 19 OF THE COMMISSION HAVE BEEN MET. FINANCIAL PLANS PREPARED 20 AFTER APRIL 1, 2008, SHALL ALSO DESCRIBE ANY DEVIATIONS THAT 21 OCCURRED FROM THE FINANCIAL PLAN FOR THE PRIOR FISCAL YEAR OF 22 THE COMMISSION AND THE REASONS FOR THE DEVIATIONS. 23 (B) RECEIPT.--IF THE SECRETARY OF THE BUDGET RECEIVES THE 24 FINANCIAL PLAN BY THE DATE REQUIRED UNDER SUBSECTION (A), THE 25 COMMISSION SHALL BE AUTHORIZED TO CONDUCT ITS OPERATIONS IN 26 ACCORDANCE WITH THE PLAN. THE FINANCIAL PLAN MAY NOT BE AMENDED 27 BY THE COMMISSION UNLESS THE COMMISSION NOTIFIES THE SECRETARY 28 IN WRITING OF THE AMENDMENT. 29 (C) COOPERATION.--THE COMMISSION SHALL PROVIDE TO THE 30 SECRETARY OF THE BUDGET ALL INFORMATION REQUESTED IN CONNECTION 20070H1590B2170 - 263 -
1 WITH REVIEW OF A FINANCIAL PLAN, INCLUDING MATERIALS USED TO 2 PREPARE THE PLAN. THE INFORMATION SHALL BE PROVIDED AS SOON AS 3 PRACTICABLE AFTER THE REQUEST. 4 (D) EFFECT OF PROVISIONS.--NOTHING IN THIS SECTION OR 5 SECTION 8918 (RELATING TO FAILURE TO PERFORM) SHALL BE DEEMED TO 6 PREVENT THE COMMISSION FROM CONDUCTING ITS NORMAL COURSE OF 7 BUSINESS OR PREVENT THE COMMISSION FROM COMPLYING WITH ANY 8 COVENANTS MADE TO CURRENT BONDHOLDERS. 9 (E) LEASE AGREEMENT.--THE PROVISIONS OF THIS SECTION AND 10 SECTION 8918 SHALL BE INCLUDED IN THE LEASE AGREEMENT. 11 § 8918. FAILURE TO PERFORM. 12 (A) NOTICE.--THE SECRETARY OF THE BUDGET SHALL SEND WRITTEN 13 NOTICE TO THE COMMISSION AND TO THE GOVERNOR OF THE FAILURE OF 14 THE COMMISSION TO DO ANY OF THE FOLLOWING: 15 (1) MAKE A PAYMENT TO THE DEPARTMENT UNDER THIS CHAPTER 16 OR THE LEASE AGREEMENT. 17 (2) DELIVER A FINANCIAL PLAN TO THE SECRETARY OF THE 18 BUDGET WITHIN THE TIME PRESCRIBED UNDER SECTION 8917 19 (RELATING TO FINANCIAL PLAN). 20 (B) UNANIMOUS VOTE REQUIRED.-- 21 (1) UPON THE RECEIPT BY THE COMMISSION OF THE NOTICE 22 UNDER SUBSECTION (A) AND NOTWITHSTANDING ANY OTHER PROVISION 23 OF LAW, ACTION OF THE COMMISSION TAKEN BY VOTE OF THE 24 COMMISSIONERS SHALL REQUIRE A UNANIMOUS VOTE OF ALL 25 COMMISSIONERS. VIOLATION OF THIS PARAGRAPH SHALL RENDER THE 26 ACTION INVALID. 27 (2) THE REQUIREMENT OF PARAGRAPH (1) SHALL CONTINUE 28 UNTIL: 29 (I) THE REQUIRED PAYMENTS HAVE BEEN MADE TO THE 30 DEPARTMENT OR THE REQUIRED FINANCIAL PLAN HAS BEEN 20070H1590B2170 - 264 -
1 DELIVERED; AND 2 (II) THE SECRETARY OF THE BUDGET HAS NOTIFIED THE 3 COMMISSION AND THE GOVERNOR OF THAT FACT. 4 SECTION 9. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: 5 § 9501. DEFINITIONS. 6 THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS CHAPTER SHALL 7 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE 8 CONTEXT CLEARLY INDICATES OTHERWISE: 9 "ACT 3." THE ACT OF APRIL 17, 1997 (P.L.6, NO.3), ENTITLED, 10 "AN ACT AMENDING TITLES 74 (TRANSPORTATION) AND 75 (VEHICLES) OF 11 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 12 ANNUAL APPROPRIATION AND COMPUTATION OF SUBSIDY AND FOR 13 DISTRIBUTION OF FUNDING; PROVIDING FOR DISTRIBUTION OF 14 SUPPLEMENTAL FUNDING; FURTHER PROVIDING FOR USE OF FUNDS 15 DISTRIBUTED; PROVIDING FOR PUBLIC TRANSPORTATION GRANTS 16 MANAGEMENT ACCOUNTABILITY, FOR COMPETITIVE PROCUREMENT AND FOR 17 THE PUBLIC TRANSPORTATION ASSISTANCE FUND; FURTHER PROVIDING FOR 18 PERIOD OF REGISTRATION, FOR DUTIES OF AGENTS, FOR REGISTRATION 19 AND OTHER FEES, FOR REQUIREMENTS FOR PERIODIC INSPECTION OF 20 VEHICLES, FOR LIMITS ON NUMBER OF TOWED VEHICLES, FOR OPERATION 21 OF CERTAIN COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS AND FOR 22 WIDTH AND LENGTH OF VEHICLES; PROVIDING FOR LIQUID FUELS AND 23 FUELS PERMITS AND BOND OR DEPOSIT OF SECURITIES, FOR IMPOSITION 24 OF LIQUID FUELS AND FUELS TAX, FOR TAXPAYER, FOR DISTRIBUTOR'S 25 REPORT AND PAYMENT OF TAX, FOR DETERMINATION OF TAX, PENALTIES 26 AND INTEREST, FOR EXAMINATION OF RECORDS AND EQUIPMENT, FOR 27 RETENTION OF RECORDS BY DISTRIBUTORS AND DEALERS, FOR 28 DISPOSITION AND USE OF TAX, FOR DISCONTINUANCE OR TRANSFER OF 29 BUSINESS, FOR SUSPENSION OR REVOCATION OF PERMITS, FOR LIEN OF 30 TAXES, PENALTIES AND INTEREST, FOR COLLECTION OF UNPAID TAXES, 20070H1590B2170 - 265 -
1 FOR REPORTS FROM COMMON CARRIERS, FOR VIOLATIONS AND REWARD FOR 2 DETECTION OF VIOLATIONS, FOR REFUNDS, FOR DIESEL FUEL IMPORTERS 3 AND TRANSPORTERS, FOR PROHIBITING USE OF DYED DIESEL FUEL, FOR 4 DISPOSITION OF FEES, FINES AND FORFEITURES, FOR CERTIFIED COPIES 5 OF RECORDS AND FOR UNCOLLECTIBLE CHECKS; FURTHER PROVIDING FOR 6 DISTRIBUTION OF STATE HIGHWAY MAINTENANCE FUNDS AND FOR 7 STANDARDS AND METHODOLOGY FOR DATA COLLECTION; PROVIDING FOR 8 DIRT AND GRAVEL ROAD MAINTENANCE; FURTHER PROVIDING FOR 9 IMPOSITION OF TAX AND ADDITIONAL TAX; PROVIDING FOR TAX ON 10 ALTERNATIVE FUELS; FURTHER PROVIDING FOR DISPOSITION OF TAX 11 REVENUE; MAKING AN APPROPRIATION; AND MAKING REPEALS." 12 "ANNUAL DEBT SERVICE PAYMENTS." THE ANNUAL DEBT SERVICE 13 PAYMENTS ON THE BONDS ISSUED UNDER SECTION 9511.2 (RELATING TO 14 SPECIAL REVENUE BONDS) AND PAYABLE BY THE COMMISSION TO THE 15 DEPARTMENT AS PART OF ANNUAL BASE PAYMENTS AS DEFINED UNDER 75 16 PA.C.S. §8901 (RELATING TO DEFINITIONS). 17 "BOND RELATED EXPENSES." THE TERM SHALL INCLUDE ALL OF THE 18 FOLLOWING: 19 (1) PRINTING, PUBLICATION OR ADVERTISING EXPENSES WITH 20 RESPECT TO THE SALE AND ISSUANCE OF BONDS. 21 (2) FEES, EXPENSES AND COSTS OF REGISTRARS. 22 (3) FEES, EXPENSES AND COSTS OF ATTORNEYS, ACCOUNTANTS, 23 FEASIBILITY CONSULTANTS, COMPUTER PROGRAMMERS OR OTHER 24 EXPERTS EMPLOYED TO AID IN THE SALE AND ISSUANCE OF THE 25 BONDS. 26 (4) OTHER COSTS, FEES AND EXPENSES INCURRED OR 27 REASONABLY RELATED TO THE ISSUANCE AND SALE OF THE BONDS 28 INCLUDING THE FUNDING OF A DEBT SERVICE RESERVE FUND. 29 "BOND-RELATED OBLIGATION." AN AGREEMENT OR CONTRACTUAL 30 RELATIONSHIP BETWEEN THE PENNSYLVANIA TURNPIKE COMMISSION AND: 20070H1590B2170 - 266 -
1 (1) A BANK, TRUST COMPANY, INSURANCE COMPANY, SURETY 2 BONDING COMPANY, PENSION FUND OR OTHER FINANCIAL INSTITUTION 3 PROVIDING INCREASED CREDIT ON OR SECURITY FOR THE BONDS OR 4 LIQUIDITY FOR SECONDARY MARKET TRANSACTIONS; OR 5 (2) THE COUNTER PARTY TO A SWAP AGREEMENT. 6 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION OR ANY 7 SUCCESSOR ORGANIZATION. 8 "COST OF THE DEPARTMENT." ANY OF THE FOLLOWING: 9 (1) THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 10 EXPANDING OR EXTENDING THE STATE HIGHWAY AND RURAL STATE 11 HIGHWAY SYSTEM AND ALL CONNECTING ROADS, TUNNELS AND BRIDGES. 12 (2) THE COST OF ALL LANDS, PROPERTY RIGHTS, RIGHTS-OF- 13 WAY, EASEMENTS AND FRANCHISES ACQUIRED, WHICH ARE DEEMED 14 NECESSARY OR CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, 15 WIDENING, EXPANDING OR EXTENDING UNDER PARAGRAPH (1). 16 (3) THE COST OF ALL MACHINERY AND EQUIPMENT, FINANCING 17 CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR 18 ONE YEAR AFTER COMPLETION OF CONSTRUCTION. 19 (4) THE COST OF TRAFFIC ESTIMATES AND OF ENGINEERING AND 20 LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF 21 COST AND OF REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT TO 22 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 23 ENTERPRISE, ADMINISTRATIVE AND LEGAL EXPENSES AND OTHER 24 EXPENSES AS MAY BE NECESSARY OR INCIDENT TO THE FINANCING 25 AUTHORIZED UNDER THIS CHAPTER, THE CONSTRUCTION, 26 RECONSTRUCTION, WIDENING, EXPANDING OR EXTENDING OF THE STATE 27 HIGHWAY AND THE RURAL STATE HIGHWAY SYSTEM AND CONNECTING 28 ROADS, TUNNELS AND BRIDGES, THE PLACING OF THE SAME IN 29 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR 30 CONSTRUCTION AND OPERATION. 20070H1590B2170 - 267 -
1 (5) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 2 DEPARTMENT OF TRANSPORTATION OR WITH THE UNITED STATES OR ANY 3 AGENCY OF THE UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION 4 OF PLANS AND SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND 5 OTHER ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND 6 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 7 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND THE 8 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 9 TUNNELS AND BRIDGES. 10 (6) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 11 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 12 COST. 13 "DESIGN BUILD ARRANGEMENT." A PROCUREMENT OR PROJECT 14 DELIVERY ARRANGEMENT WHEREBY A SINGLE ENTITY, WHICH MAY BE A 15 SINGLE CONTRACTOR OR A CONSORTIUM COMPRISED OF MULTIPLE 16 CONTRACTORS, ENGINEERS AND OTHER SUBCONSULTANTS, IS RESPONSIBLE 17 FOR BOTH THE DESIGN AND CONSTRUCTION OF A TRANSPORTATION PROJECT 18 WITH A GUARANTEED COMPLETION DATE AND GUARANTEED MAXIMUM PRICE. 19 "PLEDGED REVENUES." THE REVENUES DESCRIBED IN SECTION 20 9511.11(A) AND (B) (RELATING TO PLEDGED REVENUES). 21 "REGULARLY SCHEDULED DEBT SERVICE." THE SCHEDULED PAYMENTS 22 DUE FOR PRINCIPAL AND INTEREST ON BONDS, WITHOUT REGARD TO ANY 23 ACCELERATION OF THE DUE DATE OF SUCH PRINCIPAL OR INTEREST BY 24 REASON OF MANDATORY OR OPTIONAL REDEMPTION OR ACCELERATION 25 RESULTING FROM DEFAULT OR OTHERWISE. THE TERM DOES NOT INCLUDE 26 AN ADVANCEMENT OF PAYMENT RESULTING FROM A MANDATORY SINKING 27 FUND PAYMENT. 28 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 29 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 30 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 20070H1590B2170 - 268 -
1 THE TOWNSHIP STATE HIGHWAY LAW AND ALL OTHER ROADS AND HIGHWAYS 2 SPECIFICALLY DESIGNATED BY THE SECRETARY OF TRANSPORTATION AS 3 RURAL STATE HIGHWAYS. 4 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 5 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 6 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 7 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 8 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 9 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE SAME MAY HAVE BEEN 10 TAKEN OVER AS A STATE HIGHWAY. 11 § 9511.2. SPECIAL REVENUE BONDS. 12 (A) PAYMENT SOURCE.--A SPECIAL REVENUE BOND, NOTE OR OTHER 13 OBLIGATION ISSUED UNDER THIS CHAPTER: 14 (1) SHALL NOT BE DEEMED TO BE A DEBT OR LIABILITY OF THE 15 COMMONWEALTH; 16 (2) SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS, 17 LIABILITY OR OBLIGATION OF THE COMMONWEALTH; AND 18 (3) SHALL BE PAYABLE SOLELY FROM REVENUES. 19 (B) STATEMENT.--A SPECIAL REVENUE BOND, NOTE OR OTHER 20 OBLIGATION ISSUED UNDER THIS CHAPTER MUST CONTAIN A STATEMENT ON 21 ITS FACE THAT: 22 (1) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE BOND, 23 NOTE OR OBLIGATION OR THE INTEREST ON IT EXCEPT FROM PLEDGED 24 REVENUES; AND 25 (2) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF 26 THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL 27 OR INTEREST OF THE BOND, NOTE OR OBLIGATION. 28 (C) TAXATION.--THE ISSUANCE OF A SPECIAL REVENUE BOND, NOTE 29 OR OTHER OBLIGATION UNDER THIS CHAPTER SHALL NOT DIRECTLY, 30 INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY A 20070H1590B2170 - 269 -
1 TAX OR TO MAKE AN APPROPRIATION FOR PAYMENT. 2 § 9511.3. EXPENSES. 3 (A) REIMBURSEMENT.--THE COMMISSION SHALL BE REIMBURSED FOR 4 THE NECESSARY AND DOCUMENTED REASONABLE EXPENSES INCURRED IN THE 5 PERFORMANCE OF THE DUTIES PERFORMED UNDER THE PROVISIONS OF THIS 6 CHAPTER. 7 (B) SOURCE.--ALL EXPENSES INCURRED IN CARRYING OUT THE 8 PROVISIONS OF THIS CHAPTER SHALL BE PAID SOLELY FROM FUNDS 9 PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER, AND SUFFICIENT 10 FUNDS SHALL BE PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER TO 11 MEET ANY LIABILITY OR OBLIGATION INCURRED IN CARRYING OUT THE 12 PROVISIONS OF THIS CHAPTER. 13 § 9511.4. SPECIAL REVENUE BONDS AND PRELIMINARY OR INTERIM 14 FINANCING. 15 (A) AUTHORIZATION.--THE COMMISSION IS AUTHORIZED TO PROVIDE, 16 BY RESOLUTION, FOR THE ISSUANCE OF SPECIAL REVENUE BONDS OF THE 17 COMMISSION UP TO AN AMOUNT NOT EXCEEDING $5,000,000,000 FOR THE 18 PURPOSE OF PAYING THE COST OF THE DEPARTMENT AND BOND-RELATED 19 EXPENSES. THE RESOLUTION MUST RECITE AN ESTIMATE OF THE COST OF 20 THE DEPARTMENT. NO MORE THAN $600,000,000 OF SPECIAL REVENUE 21 BONDS MAY BE ISSUED IN ANY CALENDAR YEAR. NO BOND MAY BE ISSUED 22 UNDER THIS SECTION UNLESS THE LEASE AGREEMENT AUTHORIZED UNDER 23 SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 80) IS IN EFFECT 24 AS OF THE DATE OF ISSUANCE. SPECIAL REVENUE REFUNDING BONDS AS 25 SET FORTH IN SECTION 9511.9 (RELATING TO SPECIAL REVENUE 26 REFUNDING BONDS) SHALL NOT BE DEEMED TO COUNT AGAINST THE TOTAL 27 OR ANNUAL MAXIMUM ISSUANCE VOLUME. THE PRINCIPAL AND INTEREST OF 28 THE BOND SHALL BE PAYABLE SOLELY FROM REVENUES OF THE MOTOR 29 LICENSE FUND TRANSFERRED TO THE COMMISSION FOR THAT PURPOSE TO 30 THE COMMISSION IN COMBINATION WITH ANNUAL DEBT SERVICE ON 20070H1590B2170 - 270 -
1 OUTSTANDING BONDS ISSUED UNDER SECTION 9511.2 (RELATING TO 2 SPECIAL REVENUE BONDS) PAYABLE AS REQUIRED PURSUANT TO THE 3 BONDS. 4 (B) FORM.-- 5 (1) A BOND MAY BE ISSUED IN REGISTERED FORM. 6 (2) A BOND: 7 (I) MUST BE DATED; 8 (II) MUST BEAR INTEREST AT A RATE NOT EXCEEDING THE 9 RATE PERMITTED UNDER APPLICABLE LAW; 10 (III) MUST BE PAYABLE SEMIANNUALLY OR AT OTHER TIMES 11 AS SET FORTH IN THE RESOLUTION OF THE COMMISSION 12 AUTHORIZING THE ISSUANCE OF THE BONDS; 13 (IV) MUST MATURE, AS DETERMINED BY THE COMMISSION, 14 NO LATER THAN 40 YEARS FROM THE DATE OF THE BOND; AND 15 (V) MAY BE MADE REDEEMABLE BEFORE MATURITY, AT THE 16 OPTION OF THE COMMISSION, AT A PRICE AND UNDER TERMS AND 17 CONDITIONS FIXED BY THE COMMISSION PRIOR TO THE ISSUANCE 18 OF THE BONDS. 19 (C) ISSUANCE.-- 20 (1) THE COMMISSION MAY SELL BONDS AT PUBLIC OR PRIVATE 21 SALE AND FOR A PRICE IT DETERMINES TO BE IN THE BEST INTEREST 22 OF THE COMMONWEALTH. 23 (2) BONDS MAY BE ISSUED IN SERIES WITH VARYING 24 PROVISIONS AS TO ALL OF THE FOLLOWING: 25 (I) RATES OF INTEREST, WHICH MAY BE FIXED OR 26 VARIABLE. 27 (II) OTHER PROVISIONS NOT INCONSISTENT WITH THIS 28 CHAPTER. 29 (D) (RESERVED). 30 (E) PAYMENT.-- 20070H1590B2170 - 271 -
1 (1) THE PRINCIPAL AND INTEREST OF THE BONDS MAY BE MADE 2 PAYABLE IN ANY LAWFUL MEDIUM. 3 (2) THE COMMISSION SHALL: 4 (I) DETERMINE THE FORM OF BONDS; AND 5 (II) FIX: 6 (A) THE DENOMINATION OF THE BOND; AND 7 (B) THE PLACE OF PAYMENT OF PRINCIPAL AND 8 INTEREST OF THE BOND, WHICH MAY BE AT ANY BANK OR 9 TRUST COMPANY WITHIN OR WITHOUT THIS COMMONWEALTH. 10 (F) SIGNATURE.--THE BOND MUST BEAR THE FACSIMILE SIGNATURE 11 OF THE GOVERNOR AND OF THE CHAIRMAN OF THE COMMISSION. THE 12 FACSIMILE OF THE OFFICIAL SEAL OF THE COMMISSION SHALL BE 13 AFFIXED TO THE BOND AND ATTESTED BY THE SECRETARY AND TREASURER 14 OF THE COMMISSION. IF AN OFFICER WHOSE SIGNATURE OR FACSIMILE OF 15 A SIGNATURE APPEARS ON A BOND CEASES TO BE AN OFFICER BEFORE THE 16 DELIVERY OF THE BOND, THE SIGNATURE OR FACSIMILE SHALL 17 NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL PURPOSES, AS IF THE 18 OFFICER REMAINED IN OFFICE UNTIL DELIVERY. 19 (G) NEGOTIABILITY.--A SPECIAL REVENUE BOND ISSUED UNDER THIS 20 CHAPTER SHALL HAVE ALL THE QUALITIES AND INCIDENTS OF A 21 NEGOTIABLE INSTRUMENT UNDER 13 PA.C.S. DIV. 3 (RELATING TO 22 NEGOTIABLE INSTRUMENTS). 23 (H) PROCEEDS.-- 24 (1) THE PROCEEDS OF A BOND SHALL BE USED SOLELY FOR THE 25 FOLLOWING: 26 (I) PAYMENT OF THE COST OF THE DEPARTMENT. 27 (II) BOND-RELATED EXPENSES. 28 (2) THE PROCEEDS OF A BOND SHALL BE DISBURSED UPON 29 REQUISITION OF THE SECRETARY UNDER RESTRICTIONS SET FORTH IN 30 THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE BOND OR THE 20070H1590B2170 - 272 -
1 TRUST INDENTURE UNDER SECTION 9511.6 (RELATING TO TRUST 2 INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS AND 3 DEPOSITORIES). 4 (I) TEMPORARY BONDS.--PRIOR TO THE PREPARATION OF DEFINITIVE 5 BONDS, THE COMMISSION MAY, UNDER SIMILAR RESTRICTIONS AS THOSE 6 APPLICABLE TO THE DEFINITIVE BONDS, ISSUE TEMPORARY BONDS, 7 EXCHANGEABLE FOR DEFINITIVE BONDS UPON THE ISSUANCE OF 8 DEFINITIVE BONDS. 9 (J) (RESERVED). 10 (K) STATUS AS SECURITIES.-- 11 (1) A BOND IS MADE A SECURITY IN WHICH ANY OF THE 12 FOLLOWING MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING 13 CAPITAL, BELONGING TO THEM OR WITHIN THEIR CONTROL: 14 (I) COMMONWEALTH AND MUNICIPAL OFFICERS. 15 (II) COMMONWEALTH AGENCIES. 16 (III) BANKS, BANKERS, SAVINGS BANKS, TRUST 17 COMPANIES, SAVING AND LOAN ASSOCIATIONS, INVESTMENT 18 COMPANIES AND OTHER PERSONS CARRYING ON A BANKING 19 BUSINESS. 20 (IV) INSURANCE COMPANIES, INSURANCE ASSOCIATIONS AND 21 OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS. 22 (V) FIDUCIARIES. 23 (VI) OTHER PERSONS THAT ARE AUTHORIZED TO INVEST IN 24 BONDS OR OTHER OBLIGATIONS OF THE COMMONWEALTH. 25 (2) A BOND IS MADE A SECURITY WHICH MAY PROPERLY AND 26 LEGALLY BE DEPOSITED WITH AND RECEIVED BY A COMMONWEALTH OR 27 MUNICIPAL OFFICER OR A COMMONWEALTH AGENCY FOR ANY PURPOSE 28 FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE 29 COMMONWEALTH IS AUTHORIZED BY LAW. 30 (L) BORROWING.--THE FOLLOWING SHALL APPLY: 20070H1590B2170 - 273 -
1 (1) THE COMMISSION IS AUTHORIZED TO DO ALL OF THE 2 FOLLOWING: 3 (I) BORROW MONEY AT AN INTEREST RATE NOT EXCEEDING 4 THE RATE PERMITTED BY LAW. 5 (II) PROVIDE FOR PRELIMINARY OR INTERIM FINANCING, 6 UP TO BUT NOT EXCEEDING THE ESTIMATED TOTAL COST OF THE 7 DEPARTMENT AND BOND-RELATED EXPENSES AND TO EVIDENCE THE 8 BORROWING BY THE ISSUANCE OF SPECIAL REVENUE NOTES AND, 9 IN ITS DISCRETION, TO PLEDGE AS COLLATERAL FOR THE NOTE 10 OR OTHER OBLIGATION, A SPECIAL REVENUE BOND ISSUED UNDER 11 THE PROVISIONS OF THIS CHAPTER. THE COMMISSION MAY RENEW 12 THE NOTE OR OBLIGATION, AND THE PAYMENT OR RETIREMENT OF 13 THE NOTE OR OBLIGATION SHALL BE CONSIDERED TO BE PAYMENT 14 OF THE COST OF THE PROJECT. 15 (2) A NOTE OR OBLIGATION ISSUED UNDER THIS SUBSECTION 16 MUST CONTAIN A STATEMENT ON ITS FACE THAT: 17 (I) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE 18 NOTE OR OBLIGATION OR INTEREST ON IT, EXCEPT FROM PLEDGED 19 REVENUES OF THE MOTOR LICENSE FUND; AND 20 (II) NEITHER THE FAITH AND CREDIT NOR THE TAXING 21 POWER OF THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF 22 ITS PRINCIPAL OR INTEREST. 23 § 9511.5. APPLICATION OF PROCEEDS OF OBLIGATIONS, LIEN OF 24 HOLDERS OF OBLIGATIONS, DESIGN-BUILD REQUIREMENT AND 25 PROJECTS APPROVED BY GENERAL ASSEMBLY. 26 (A) APPLICATION.--THE FOLLOWING SHALL APPLY: 27 (1) ALL MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER 28 OBLIGATIONS ISSUED UNDER THIS CHAPTER SHALL BE APPLIED SOLELY 29 TO THE PAYMENT OF: 30 (I) THE COST OF THE DEPARTMENT WHICH IS CONSISTENT 20070H1590B2170 - 274 -
1 WITH THE PURPOSE OF THE ISSUE; AND 2 (II) BOND-RELATED EXPENSES. 3 (2) THE COMMISSION MAY PROVIDE BY RESOLUTION THAT UNTIL 4 MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER OBLIGATIONS 5 ISSUED UNDER THIS CHAPTER IS APPLIED UNDER PARAGRAPH (1), A 6 LIEN SHALL EXIST UPON THE MONEY IN FAVOR OF HOLDERS OF THE 7 BONDS, NOTES OR OTHER OBLIGATIONS OR A TRUSTEE PROVIDED FOR 8 IN RESPECT TO THE BONDS, NOTES OR OTHER OBLIGATIONS. 9 (B) DESIGN-BUILD ARRANGEMENTS.-- 10 (1) TO FACILITATE THE TIMELY COMPLETION OF PROJECTS TO 11 BE FINANCED BY THE DEPARTMENT WITH BOND PROCEEDS, THE 12 DEPARTMENT SHALL BE REQUIRED TO UTILIZE DESIGN-BUILD 13 ARRANGEMENTS FOR EACH PROJECT ESTIMATED BY THE DEPARTMENT TO 14 HAVE A VALUE IN EXCESS OF $100,000,000. 15 (2) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE 16 DEPARTMENT MAY UTILIZE DESIGN-BUILD ARRANGEMENTS FOR THE 17 FOLLOWING: 18 (I) PROJECTS TO BE FINANCED BY THE DEPARTMENT WITH 19 BOND PROCEEDS FOR PROJECTS ESTIMATED BY THE DEPARTMENT TO 20 HAVE A VALUE OF $100,000,000 OR LESS; AND 21 (II) ALL OTHER CONSTRUCTION PROJECTS OF THE 22 DEPARTMENT NOT INCLUDED UNDER PARAGRAPH (1). 23 (3) THE SELECTION OF THE PARTY FOR A DESIGN-BUILD 24 ARRANGEMENT UNDER THIS SUBSECTION MUST BE CONDUCTED IN A 25 MANNER CONSISTENT WITH THE PROCUREMENT AND PUBLIC BIDDING 26 LAWS APPLICABLE TO THE DEPARTMENT. 27 (C) CAPITAL PROJECTS.--ALL PROJECTS FINANCED BY THE 28 DEPARTMENT WITH BOND PROCEEDS SHALL BE INCLUDED IN ANY 29 SUBMISSION THE DEPARTMENT IS ALREADY REQUIRED TO MAKE TO THE 30 GENERAL ASSEMBLY WITH RESPECT TO THE EXPENDITURE OF FUNDS FOR 20070H1590B2170 - 275 -
1 HIGHWAY PROJECTS. 2 (D) INVESTMENT.--PENDING THE APPLICATION OF PROCEEDS TO 3 COSTS OF THE DEPARTMENT AND BOND-RELATED EXPENSES, THE 4 COMMISSION MAY INVEST THE FUNDS IN PERMITTED INVESTMENTS AS 5 DEFINED UNDER ANY TRUST INDENTURE IF THE INVESTMENT IS NOT 6 INCONSISTENT WITH EXISTING FIDUCIARY OBLIGATIONS OF THE 7 COMMISSION. 8 § 9511.6. TRUST INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS 9 AND DEPOSITORIES. 10 (A) INDENTURE.--IN THE DISCRETION OF THE COMMISSION, A BOND, 11 NOTE OR OTHER OBLIGATION MAY BE SECURED BY A TRUST INDENTURE BY 12 AND BETWEEN THE COMMISSION AND A CORPORATE TRUSTEE, WHICH MAY BE 13 ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY, 14 WITHIN OR WITHOUT THIS COMMONWEALTH. 15 (B) PLEDGE OR ASSIGNMENT.--A TRUST INDENTURE UNDER 16 SUBSECTION (A) MAY PLEDGE OR ASSIGN THE PLEDGED REVENUES, BUT 17 SHALL NOT CONVEY OR MORTGAGE THE TURNPIKE OR ANY PART OF THE 18 TURNPIKE. 19 (C) RIGHTS AND REMEDIES.--THE RESOLUTION PROVIDING FOR THE 20 ISSUANCE OF THE BOND, NOTE OR OTHER OBLIGATION OF THE TRUST 21 INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND ENFORCING 22 THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES 23 OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER AND NOT IN 24 VIOLATION OF LAW. 25 (D) DEPOSITORY.--IT SHALL BE LAWFUL FOR ANY BANK OR TRUST 26 COMPANY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH TO ACT 27 AS DEPOSITORY OF THE PROCEEDS OF THE BOND, NOTE OR OTHER 28 OBLIGATION OR REVENUE, TO FURNISH INDEMNITY BONDS OR TO PLEDGE 29 SECURITIES AS MAY BE REQUIRED BY THE COMMISSION. 30 (E) INDENTURE.--THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 20070H1590B2170 - 276 -
1 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 2 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 3 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 4 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 5 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. THE 6 TRUST INDENTURE MAY CONTAIN OTHER PROVISIONS AS THE COMMISSION 7 MAY DEEM REASONABLE AND PROPER FOR THE SECURITY OF BONDHOLDERS 8 OR HOLDERS OF NOTES OR OTHER OBLIGATIONS. 9 § 9511.7. EXEMPTION FROM COMMONWEALTH TAXATION. 10 THE EFFECTUATION OF THE PURPOSES OF THIS CHAPTER IS FOR THE 11 BENEFIT OF THE CITIZENS OF THIS COMMONWEALTH AND FOR THE 12 IMPROVEMENT OF THEIR COMMERCE AND PROSPERITY. SINCE THE 13 COMMISSION WILL BE PERFORMING ESSENTIAL GOVERNMENT FUNCTIONS IN 14 EFFECTUATING THESE PURPOSES, THE COMMISSION SHALL NOT BE 15 REQUIRED TO PAY ANY TAX OR ASSESSMENT ON ANY PROPERTY ACQUIRED 16 OR USED BY IT FOR THE PURPOSES PROVIDED UNDER THIS CHAPTER. A 17 BOND, NOTE OR OTHER OBLIGATION ISSUED BY THE COMMISSION, ITS 18 TRANSFER AND THE INCOME FROM ITS ISSUANCE AND TRANSFER, 19 INCLUDING ANY PROFITS MADE ON THE SALE OF THE BOND, NOTE OR 20 OTHER OBLIGATION, SHALL BE FREE FROM TAXATION WITHIN THE 21 COMMONWEALTH. 22 § 9511.8. COSTS RELATED TO FEDERAL INCOME TAX MATTERS. 23 TAX MATTER COSTS INCURRED BY THE COMMISSION IN CONNECTION 24 WITH ANY PROCEEDING OF OR FILING WITH THE INTERNAL REVENUE 25 SERVICE CONCERNING THE USE OF PROCEEDS OF BONDS ISSUED UNDER 26 THIS CHAPTER SHALL BE PAID OR REIMBURSED FROM AVAILABLE FUNDS IN 27 THE FUND. IT IS ANTICIPATED THAT THE INCOME RECEIVED BY THE 28 COMMISSION AS A RESULT OF THE SALE OF BONDS UNDER THIS CHAPTER 29 WILL BE FREE OF FEDERAL INCOME TAX. IF THE ACT OR FAILURE TO ACT 30 OF THE DEPARTMENT DIRECTLY RESULTS IN TAX LIABILITY TO THE 20070H1590B2170 - 277 -
1 COMMISSION, THE DEPARTMENT SHALL PAY TO THE COMMISSION, FROM 2 AVAILABLE FUNDS IN THE FUND, THE AMOUNT OF THE LIABILITY. TAX 3 MATTER COSTS SHALL INCLUDE ALL OF THE FOLLOWING: 4 (1) FEES OF TAX COUNSEL OR ARBITRAGE REBATE CALCULATION 5 PROVIDERS. 6 (2) ARBITRAGE REBATE PAYMENTS TO THE EXTENT NOT PROPERLY 7 PAYABLE FROM FUNDS HELD UNDER THE BOND INDENTURE. 8 (3) SETTLEMENT PAYMENTS TO THE INTERNAL REVENUE SERVICE, 9 EITHER IN RELATION TO AN EXAMINATION INITIATED BY THE 10 INTERNAL REVENUE SERVICE OR A CLOSING AGREEMENT REQUESTED BY 11 THE COMMISSION. 12 (4) PAYMENTS TO BONDHOLDERS AS A RESULT OF CLAIMS BASED 13 ON PENDING, THREATENED OR ACTUAL ASSESSMENTS OF TAX, INTEREST 14 OR PENALTIES BY THE INTERNAL REVENUE SERVICE. 15 (5) ANY OTHER COST REASONABLY RELATED TO A PROCEEDING BY 16 OR FILING WITH THE INTERNAL REVENUE SERVICE CONCERNING THE 17 USE OF PROCEEDS OF THE BONDS. 18 § 9511.9. SPECIAL REVENUE REFUNDING BONDS. 19 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 20 THE ISSUANCE OF SPECIAL REVENUE REFUNDING BONDS OF THE 21 COMMISSION FOR THE PURPOSE OF REFUNDING ANY SPECIAL REVENUE 22 BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF 23 THIS CHAPTER AND THEN OUTSTANDING. THE ISSUANCE OF THE SPECIAL 24 REVENUE REFUNDING BONDS, THE MATURITIES AND OTHER DETAILS OF THE 25 BONDS, THE RIGHTS OF THE HOLDERS OF THE BONDS AND THE DUTIES OF 26 THE DEPARTMENT AND OF THE COMMISSION WITH RESPECT TO THE BONDS 27 SHALL BE GOVERNED BY THE PROVISIONS OF THIS CHAPTER. 28 § 9511.10. REMEDIES OF TRUSTEES AND OF HOLDERS OF OBLIGATIONS. 29 (A) GRANT OF RIGHTS.--A HOLDER OF A BOND, NOTE OR OTHER 30 OBLIGATION ISSUED UNDER THIS CHAPTER AND THE TRUSTEE UNDER THE 20070H1590B2170 - 278 -
1 TRUST INDENTURE MAY, EITHER AT LAW OR IN EQUITY, BY SUIT, 2 ACTION, MANDAMUS OR OTHER PROCEEDING, DO ALL OF THE FOLLOWING: 3 (1) PROTECT AND ENFORCE ANY RIGHT GRANTED UNDER THIS 4 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 5 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 6 REQUIRED UNDER THIS CHAPTER OR BY RESOLUTION OR TRUST 7 INDENTURE TO BE PERFORMED BY THE COMMISSION OR ANY OFFICER OF 8 ITS OFFICERS, INCLUDING THE COLLECTION OF THE PLEDGED 9 RESERVES. 10 (B) EXCEPTION.--RIGHTS GIVEN UNDER THIS CHAPTER MAY BE 11 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE 12 BONDS, NOTES OR OTHER OBLIGATIONS, OR BY THE TRUST INDENTURE. 13 § 9511.11. PLEDGED REVENUES. 14 (A) ANNUAL DEBT SERVICE PAYMENTS.--UPON RECEIPT BY THE 15 DEPARTMENT OF THE ANNUAL DEBT SERVICE PAYMENTS, THE DEPARTMENT 16 SHALL PAY THEM TO THE TRUSTEE FOR THE HOLDERS OF THE BONDS 17 ISSUED UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS). 18 (B) PAYMENT DEFAULT.-- 19 (1) THE DEPARTMENT SHALL NOTIFY THE STATE TREASURER IF 20 THE DEPARTMENT RECEIVES A NOTICE FROM THE TRUSTEE WHICH: 21 (I) INDICATES THAT A DEFAULT IN THE PAYMENT OF 22 REGULARLY SCHEDULED DEBT SERVICE ON THE BONDS HAS 23 OCCURRED; AND 24 (II) INDICATES THE AMOUNT REQUIRED TO REMEDY THE 25 DEFAULT. 26 (2) UPON NOTICE UNDER PARAGRAPH (1), THE STATE TREASURER 27 SHALL DO ALL OF THE FOLLOWING: 28 (I) NOTWITHSTANDING SECTION 9010 (RELATING TO 29 DISPOSITION AND USE OF TAX), TRANSFER TO THE TRUSTEE FROM 30 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 20070H1590B2170 - 279 -
1 IMPOSITION OF THE TAX UNDER SECTION 9004(A) (RELATING TO 2 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) THE AMOUNT 3 NECESSARY TO REMEDY THE DEFAULT UNDER PARAGRAPH (1)(II). 4 (II) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT 5 OF THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) ARE 6 NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER PARAGRAPH 7 (1)(II) AND NOTWITHSTANDING SECTION 9511 (RELATING TO 8 ALLOCATION OF PROCEEDS), TRANSFER TO THE TRUSTEE FROM 9 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 10 IMPOSITION OF THE TAX UNDER 9502(A)(1), (2)(I), (II), 11 (III) AND (IV) AND (3)(II) (RELATING TO IMPOSITION OF 12 TAX), AN AMOUNT NECESSARY, WHEN COMBINED WITH ANY FUNDS 13 TRANSFERRED UNDER SUBPARAGRAPH (I), TO REMEDY THE 14 DEFAULT. 15 (III) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF 16 THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) AND 17 SECTION 9502(A)(1), (2)(I), (II), (III) AND (IV) AND 18 (3)(II) ARE NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER 19 PARAGRAPH (1)(II) AND NOTWITHSTANDING THE PROVISIONS OF 20 SECTION 20 OF ACT 3, TRANSFER TO THE TRUSTEE FROM FUNDS 21 IN THE MOTOR LICENSE FUND AS A RESULT OF THE 22 APPROPRIATION TO THE COMMISSION UNDER SECTION 20 OF ACT 23 3, AN AMOUNT NECESSARY, WHEN COMBINED WITH FUNDS 24 TRANSFERRED UNDER SUBPARAGRAPHS (I) AND (II), TO REMEDY 25 THE DEFAULT. 26 (C) COMMONWEALTH PLEDGE.--THIS SUBSECTION SHALL OPERATE AS A 27 PLEDGE BY THE COMMONWEALTH TO AN INDIVIDUAL OR ENTITY THAT 28 ACQUIRES A BOND ISSUED BY THE COMMISSION UNDER SECTION 9511.2: 29 (1) TO SECURE THE PORTION OF THE MONEY DESCRIBED UNDER 30 THIS SECTION AND DISTRIBUTED UNDER THIS SECTION; AND 20070H1590B2170 - 280 -
1 (2) TO NOT LIMIT OR ALTER THE RIGHTS VESTED IN THE 2 COMMISSION OR THE TRUSTEE FOR THE BONDS TO THE APPROPRIATION 3 AND DISTRIBUTION OF MONEY SET FORTH UNDER THIS SECTION. 4 § 9511.12. LIMIT ON TRANSFERS FROM THE MOTOR LICENSE FUND. 5 IF IN ANY MONTH THE STATE TREASURER RECEIVES A NOTICE FROM 6 THE COMMISSION UNDER SECTION 8915.3(4) (RELATING TO LEASE OF 7 INTERSTATE 80; RELATED AGREEMENTS) THAT MONEY IS REQUIRED TO BE 8 TRANSFERRED TO THE TRUSTEE TO SATISFY THE PROVISIONS OF THE 9 TRUST INDENTURE RELATING TO BONDS ISSUED UNDER SECTION 9511.2 10 (RELATING TO SPECIAL REVENUE BONDS), THE STATE TREASURER SHALL, 11 IN THAT MONTH, TRANSFER FROM THE MOTOR LICENSE FUND UNDER 12 SECTION 9511.11 (RELATING TO PLEDGED REVENUES), AN AGGREGATE 13 AMOUNT, NOT TO EXCEED $___________, EQUAL TO THE AMOUNT REQUIRED 14 TO BE TRANSFERRED TO THE COMMISSION PURSUANT TO THE NOTICE. 15 § 9511.13. SUPPLEMENT TO OTHER LAWS AND LIBERAL CONSTRUCTION. 16 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 17 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 18 AS IN DEROGATION OF ANY POWERS EXISTING ON THE EFFECTIVE DATE OF 19 THIS SECTION. THE PROVISIONS OF THIS CHAPTER, BEING NECESSARY 20 FOR THE WELFARE OF THE COMMONWEALTH AND ITS CITIZENS, SHALL BE 21 LIBERALLY CONSTRUED TO EFFECT THE PURPOSES OF THIS CHAPTER. 22 SECTION 13. (A) FINANCIAL ASSISTANCE MADE BY THE DEPARTMENT 23 OF TRANSPORTATION UNDER 74 PA.C.S. CH. 13 PRIOR TO THE EFFECTIVE 24 DATE OF THIS SECTION MAY CONTINUE TO BE USED BY RECIPIENTS FOR 25 OPERATING OR CAPITAL EXPENSES UPON THE SAME TERMS AND CONDITIONS 26 AS ARE CONTAINED IN THE NOTICE OF GRANT AWARD OR GRANT AGREEMENT 27 EXECUTED IN CONNECTION WITH THE AWARD, IF THE FUNDS ARE EXPENDED 28 WITHIN FIVE YEARS FOLLOWING THE 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 20070H1590B2170 - 281 -
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 13.1. THE REPEAL OF 74 PA.C.S. CH. 13 IS SUBJECT TO 5 THE FOLLOWING: 6 (1) NOTWITHSTANDING THE REPEAL: 7 (I) THE FUND SHALL CONTINUE TO RECEIVE TAX REVENUE 8 THE FUND WAS ENTITLED TO RECEIVE ON JUNE 30, 2007. 9 (II) TRANSIT ENTITIES THAT HAVE OUTSTANDING 10 OBLIGATIONS SHALL CONTINUE TO RECEIVE MONEY FROM THE FUND 11 CALCULATED AND PAID IN THE SAME MANNER AS WAS PROVIDED ON 12 JUNE 30, 2007. 13 (III) TRANSIT ENTITIES THAT DO NOT HAVE OUTSTANDING 14 OBLIGATIONS SHALL NOT BE ENTITLED TO RECEIVE ADDITIONAL 15 MONEY FROM THE FUND AFTER JUNE 30, 2007. 16 (IV) NO TRANSIT ENTITY SHALL BE ENTITLED TO PLEDGE 17 THE MONEY FROM THE FUND TO SECURE ADDITIONAL OBLIGATIONS 18 ISSUED AFTER JUNE 30, 2007. 19 (V) MONEY REMAINING IN THE FUND AFTER PAYMENTS UNDER 20 SUBPARAGRAPH (II) SHALL BE TRANSFERRED MONTHLY TO THE 21 PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED UNDER 74 22 PA.C.S. § 1506. 23 (VI) PAYMENTS TO TRANSIT ENTITIES UNDER 75 PA.C.S. 24 CH. 15 SHALL BE CALCULATED AND PAID BY THE DEPARTMENT SO 25 AS TO DEDUCT FROM THE PAYMENTS AMOUNTS RECEIVED BY THE 26 TRANSIT ENTITY FROM THE FUND UNDER SUBPARAGRAPH (II). 27 (2) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND 28 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 29 SUBSECTION: 30 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 20070H1590B2170 - 282 -
1 COMMONWEALTH. 2 "FUND." THE PUBLIC TRANSPORTATION ASSISTANCE FUND. 3 "OUTSTANDING OBLIGATIONS." ANY BONDS, NOTES, BOND 4 ANTICIPATION NOTES, REFUNDING NOTES AND BONDS, INTERIM 5 CERTIFICATES, DEBENTURES AND OTHER EVIDENCES OF INDEBTEDNESS 6 OR OBLIGATIONS OF A TRANSIT ENTITY WITH RESPECT TO WHICH 7 REVENUES FROM THE FUND HAVE BEEN PLEDGED PRIOR TO JUNE 30, 8 2007. 9 "TRANSIT ENTITY." ANY CLASS OF TRANSIT ENTITY, AS 10 DEFINED IN FORMER SECTION 1301 OF TITLE 74. 11 SECTION 14. THE FOLLOWING SHALL APPLY: 12 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 13 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 74 14 PA.C.S. CH. 81. 15 (2) THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), 16 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD 17 CONVERSION ACT IS REPEALED. 18 (3) SECTION 207.1(C)(2) OF THE ACT OF APRIL 9, 1929 19 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, 20 IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH THE ADDITION 21 OF 74 PA.C.S. § 8105. 22 (4) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED 23 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT. 24 SECTION 15. THE ADDITION OF 74 PA.C.S. CH. 81 IS A 25 CONTINUATION OF THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), 26 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD 27 CONVERSION ACT. THE FOLLOWING SHALL APPLY: 28 (1) EXCEPT AS OTHERWISE PROVIDED UNDER 74 PA.C.S. CH. 29 81, ALL ACTIVITIES INITIATED UNDER THE TURNPIKE ORGANIZATION, 30 EXTENSION AND TOLL ROAD CONVERSION ACT SHALL CONTINUE AND 20070H1590B2170 - 283 -
1 REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER 74 2 PA.C.S. CH. 81. ORDERS, REGULATIONS, RULES AND DECISIONS 3 WHICH WERE MADE UNDER THE TURNPIKE ORGANIZATION, EXTENSION 4 AND TOLL ROAD CONVERSION ACT AND WHICH ARE IN EFFECT ON THE 5 EFFECTIVE DATE OF SECTION 14(2) OF THIS ACT SHALL REMAIN IN 6 FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR MODIFIED 7 UNDER 74 PA.C.S. CH. 81. CONTRACTS, OBLIGATIONS AND 8 COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE 9 TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT 10 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE TURNPIKE 11 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 12 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE 13 IN LANGUAGE BETWEEN 74 PA.C.S. CH. 81 AND THE TURNPIKE 14 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT IS 15 INTENDED ONLY TO CONFORM TO THE STYLE OF THE PENNSYLVANIA 16 CONSOLIDATED STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT 17 THE LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR 18 ADMINISTRATION AND IMPLEMENTATION OF THE TURNPIKE 19 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 20 (3) PARAGRAPH (2) SHALL NOT APPLY TO ANY OF THE 21 FOLLOWING: 22 (I) IN SECTION 8102: 23 (A) PARAGRAPHS (1) AND (6) OF THE DEFINITION OF 24 "COST OF THE TURNPIKES." 25 (B) PARAGRAPH (2) OF THE DEFINITION OF 26 "TURNPIKES." 27 (C) THE DEFINITIONS OF "AUDITOR GENERAL'S 28 CERTIFICATE," "COSTS OF THE DEPARTMENT," "GENERAL 29 RESERVE FUND SURPLUS," "PUBLIC PASSENGER 30 TRANSPORTATION," "RURAL STATE HIGHWAY SYSTEM," 20070H1590B2170 - 284 -
1 "SECRETARY," "STATE HIGHWAY," AND "SYSTEM OF PUBLIC 2 PASSENGER TRANSPORTATION." 3 (II) IN SECTION 8103: 4 (A) SUBSECTION (A) INTRODUCTORY PARAGRAPH. 5 (B) SUBSECTION (B) INTRODUCTORY PARAGRAPH. 6 (C) SUBSECTION (D) INTRODUCTORY PARAGRAPH. 7 (D) SUBSECTION (E) INTRODUCTORY PARAGRAPH. 8 (III) SECTION 8107(A)(9) AND (10). 9 (IV) SECTION 8112(A)(1)(III), (2) AND (4), (B)(2), 10 (C)(1), (E) AND (F). 11 (V) SECTION 8113. 12 (VI) SECTION 8114(C) AND (D). 13 (VII) SECTION 8116. 14 (VIII) SECTION 8119(C). 15 SECTION 16. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. F18L74VDL/20070H1590B2170 - 285 -