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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. EVANS, SEPTEMBER 26, 2011 |
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| REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 26, 2011 |
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| AN ACT |
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1 | Amending Titles 72 (Taxation and Fiscal Affairs), 74 |
2 | (Transportation) and 75 (Vehicles) of the Pennsylvania |
3 | Consolidated Statutes, in taxation and fiscal affairs, |
4 | providing for an oil company gross profits tax; in |
5 | sustainable mobility options, further providing for Public |
6 | Transportation Trust Fund, for application and approval |
7 | process and for asset improvement program; providing for |
8 | imposition and allocation of surcharges, for minimum |
9 | qualifications for governing board members, for best |
10 | practices for transit-oriented development and for |
11 | Legislative Budget and Finance Committee reviews; in |
12 | transportation, providing for public-private transportation |
13 | partnership; establishing the Public-Private Transportation |
14 | Account and the Public-Private Transportation Partnership |
15 | Board; in vehicles, further providing for various vehicle |
16 | fees and for the imposition of the oil company franchise tax |
17 | for highway maintenance and construction; providing for an |
18 | annual adjustment to fees; and making a related repeal. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Title 72 of the Pennsylvania Consolidated |
22 | Statutes is amended by adding parts to read: |
23 | PART I |
24 | PRELIMINARY PROVISIONS |
25 | (Reserved) |
26 | PART II |
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1 | TAXES |
2 | Chapter |
3 | 22. Oil Company Gross Profits |
4 | CHAPTER 22 |
5 | OIL COMPANY GROSS PROFITS |
6 | Sec. |
7 | 2201. Definitions. |
8 | 2202. Imposition of tax. |
9 | 2203. Reports and payment of tax. |
10 | 2204. Restricted revenue account. |
11 | 2204.1. Appropriations. |
12 | 2205. Procedure; enforcement; penalties. |
13 | 2206. Cost of tax and penalties. |
14 | 2207. Administration. |
15 | § 2201. Definitions. |
16 | The following words and phrases when used in this chapter |
17 | shall have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | "Account." The Oil Company Gross Profits Tax Account |
20 | established in section 2204 (relating to restricted revenue |
21 | account). |
22 | "Apportioned gross profits." The gross profits apportioned |
23 | to Pennsylvania by the apportionment fraction set forth in |
24 | section 2202(d) (relating to imposition of tax). |
25 | "Code." The act of March 4, 1971 (P.L.6, No.2), known as the |
26 | Tax Reform Code of 1971. |
27 | "Department." The Department of Revenue of the Commonwealth. |
28 | "Gross profits." If an oil company files an income tax |
29 | return with the Federal Government, gross profits as set forth |
30 | on the return. If an oil company does not file an income tax |
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1 | return with the Federal Government, gross profits, as defined |
2 | and calculated on the applicable Federal income tax return. |
3 | "Gross receipts." All gross receipts of a business entity. |
4 | If an oil company files an income tax return with the Federal |
5 | Government, its gross receipts as set forth on the return. If an |
6 | oil company does not file an income tax return with the Federal |
7 | Government, gross receipts, as defined and calculated on the |
8 | applicable Federal income tax return. |
9 | "Oil company." An entity that engages in the exploration, |
10 | drilling, importation, refining or wholesale distribution of |
11 | petroleum products. |
12 | "Petroleum products." Any fractionated product of the |
13 | industrial processing of crude oil manufactured or refined or |
14 | used for the generation of power in an internal combustion |
15 | engine to propel motor vehicles of any kind or character or for |
16 | the generation of heat. Petroleum products include, but are not |
17 | limited to, gasoline, diesel fuel, kerosene, propane and any |
18 | other product of crude oil used for such purpose. |
19 | "Taxable year." The taxable year which an oil company, or |
20 | any consolidated group with which an oil company participates in |
21 | the filing of consolidated returns, actually uses in reporting |
22 | taxable income to the Federal Government. The terms "annual |
23 | year," "fiscal year," "annual or fiscal year," "tax year" and |
24 | "tax period" shall be the same as the oil company's taxable year |
25 | as defined in this definition. |
26 | "Unitary business." A single economic enterprise that is |
27 | made up either of separate parts of a single entity or of a |
28 | commonly controlled group of entities that are sufficiently |
29 | interdependent, integrated and interrelated through their |
30 | activities so as to provide a synergy and mutual benefit that |
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1 | produces a sharing or exchange of value among them and a |
2 | significant flow of value to the separate parts. |
3 | "Wholesale distribution." The making of one or more |
4 | nonretail sales of petroleum products. |
5 | § 2202. Imposition of tax. |
6 | (a) Imposition.--An oil company shall pay an excise tax on |
7 | its apportioned gross profits for exercising, whether in its own |
8 | name or through any person, association, business trust, |
9 | corporation, joint venture, limited liability company, limited |
10 | partnership, partnership or other entity, any of the following |
11 | privileges: |
12 | (1) Doing business within this Commonwealth. |
13 | (2) Carrying out activities within this Commonwealth. |
14 | (3) Having capital or property employed or used in this |
15 | Commonwealth. |
16 | (4) Owning property in this Commonwealth. |
17 | (5) Engaging in or transacting any activity in this |
18 | Commonwealth for the purpose of financial gain or profit. |
19 | (b) Rate.--The annual rate of tax on gross profits imposed |
20 | by subsection (a) shall be 8% for calendar years or fiscal years |
21 | beginning after December 31, 2011. |
22 | (c) Tax in lieu of corporate net income tax.--The tax |
23 | imposed by this chapter shall be in lieu of the tax imposed by |
24 | Article IV of the code. |
25 | (d) Apportionment fraction.--If at least one oil company of |
26 | a unitary business that consists of oil companies transacts part |
27 | of its business outside Pennsylvania, the apportionment fraction |
28 | of an oil company is its Pennsylvania gross receipts divided by |
29 | total gross receipts of all oil companies of the unitary |
30 | business. Gross receipts from the sale of tangible personal |
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1 | property are Pennsylvania gross receipts based on the sourcing |
2 | rule set forth in section 401(3)2(a)(16) of the code. All other |
3 | gross receipts are Pennsylvania gross receipts based on the |
4 | sourcing rule set forth in section 401(3)2(a)(17) of the code. |
5 | All transactions among oil companies of a unitary business are |
6 | eliminated in computing the numerator and the denominator of the |
7 | apportionment fraction of an oil company. If all oil companies |
8 | of a unitary business that consist of oil companies transact all |
9 | of their business within Pennsylvania, none of the oil companies |
10 | are entitled to apportion their gross profits. |
11 | § 2203. Reports and payment of tax. |
12 | (a) Requirement.--Each oil company subject to tax under this |
13 | chapter is required to file a report of gross profits taxable |
14 | under this chapter and pay tax due as set forth in section 403 |
15 | of the code. |
16 | (b) Option.-- |
17 | (1) All oil companies of a unitary business that are |
18 | subject to tax under this chapter may elect to file a report |
19 | and pay tax on an aggregate basis. |
20 | (2) The department shall prescribe a combined report for |
21 | reporting and paying tax on an aggregate basis. |
22 | (3) The oil companies of a unitary business that are |
23 | subject to tax under this chapter and that make this election |
24 | shall designate an oil company of the unitary business that |
25 | is taxable under this chapter to act as an agent for all oil |
26 | companies of the unitary business. The agent shall file the |
27 | report permitted under this subsection under oath or |
28 | affirmation and pay the total tax due under this chapter for |
29 | all oil companies of a unitary business that are subject to |
30 | tax under this chapter. Each oil company of a unitary |
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1 | business that is taxable under this chapter and makes the |
2 | election permitted under this subsection remains liable for |
3 | its tax due under this chapter. |
4 | § 2204. Restricted revenue account. |
5 | (a) Establishment of account.--There is established a |
6 | restricted account in the General Fund to be known as the Oil |
7 | Company Gross Profits Tax Account. Except as provided in |
8 | subsection (c), money paid into the account shall be |
9 | appropriated annually for transportation purposes. |
10 | (b) Deposit.--The tax collected pursuant to this chapter |
11 | shall be deposited and paid into the account. |
12 | (c) Transfer.-- |
13 | (1) On or about April 1, 2012: |
14 | (i) The sum of $1,000,000, or as much thereof as may |
15 | be necessary, is appropriated to the Office of Attorney |
16 | General for the fiscal year July 1, 2011, to June 30, |
17 | 2012, from the account to carry out the provisions of |
18 | section 2206(c) (relating to cost of tax and penalties). |
19 | (ii) A payment of $17,500,000 shall be transferred |
20 | from the account to the General Fund, 80% of the money |
21 | remaining in the account shall be transferred to the |
22 | Public Transportation Trust Fund established in 74 |
23 | Pa.C.S. § 1506 (relating to fund) and the remainder to |
24 | the Motor License Fund. |
25 | (2) On the first business day of July 2012, October |
26 | 2012, January 2013 and each first business day of July, |
27 | October and January thereafter, 80% of the money in the |
28 | account shall be transferred to the Public Transportation |
29 | Trust Fund established in 74 Pa.C.S. § 1506 and the remainder |
30 | to the Motor License Fund. |
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1 | (3) On each first business day of April following the |
2 | transfer in paragraph (1), $35,000,000 shall be transferred |
3 | from the account to the General Fund, 80% of the money |
4 | remaining in the account shall be transferred to the Public |
5 | Transportation Trust Fund established in 74 Pa.C.S. § 1506 |
6 | and the remainder to the Motor License Fund. |
7 | (d) Restriction on use of transferred funds.--Funds |
8 | transferred to the Public Transportation Trust Fund established |
9 | in 74 Pa.C.S. § 1506 shall not be subject to the limitations |
10 | contained in 74 Pa.C.S. § 1507(c) (relating to application and |
11 | approval process) but shall be used only for activities set |
12 | forth under the financial waiver allowing the funds to be used |
13 | for a different purpose. The regulations of the Department of |
14 | Transportation shall describe circumstances under which it will |
15 | consider waiver requests and shall set forth all information to |
16 | be included in a waiver request. The waiver request shall |
17 | include a plan of corrective action to demonstrate that the |
18 | award recipient does not have an ongoing need to use financial |
19 | assistance funds for activities other than those for which funds |
20 | were originally awarded, and the duration of the waiver cannot |
21 | exceed the duration of the plan of corrective action. The |
22 | Department of Transportation shall monitor the implementation of |
23 | the plan of corrective action. If the plan of corrective action |
24 | is not implemented by the local transportation organization, as |
25 | defined in 74 Pa.C.S. § 1503 (relating to definitions), the |
26 | Department of Transportation shall rescind the waiver approval. |
27 | § 2204.1. Appropriations. |
28 | (a) Roads and bridges.--All money transferred to the Motor |
29 | License Fund under section 2204 (relating to restricted revenue |
30 | account) is appropriated to the Department of Transportation to |
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1 | be allocated as follows: |
2 | (1) Eighty-seven percent to be used for State roads and |
3 | bridges. |
4 | (2) Eleven percent for municipal roads and bridges |
5 | distributed to municipalities pursuant to the act of June 1, |
6 | 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels |
7 | Tax Municipal Allocation Law. |
8 | (3) Two percent for county roads and bridges distributed |
9 | to counties as follows: |
10 | (i) The distribution shall be in the ratio of: |
11 | (A) the square footage of deck area of a |
12 | county's county-owned bridges; to |
13 | (B) the total square footage of deck area of |
14 | county-owned bridges throughout this Commonwealth. |
15 | (ii) The amount of square footage under subparagraph |
16 | (i) shall be that reported as part of the National Bridge |
17 | Inspection Standards Program. |
18 | (b) Financial assistance.--All money transferred to the |
19 | Public Transportation Trust Fund under section 2204 is |
20 | appropriated to the Department of Transportation to be allocated |
21 | as follows: |
22 | (1) Eighty-five and eight-tenths percent for financial |
23 | assistance under 74 Pa.C.S. § 1514 (relating to asset |
24 | improvement program). |
25 | (2) Fourteen and two-tenths percent for financial |
26 | assistance under 74 Pa.C.S. § 1513 (relating to operating |
27 | program). |
28 | § 2205. Procedure; enforcement; penalties. |
29 | (a) Applicability of code.--Except as set forth in |
30 | subsection (b), Parts III, IV, V, VI and VII of Article IV of |
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1 | the code shall apply to the tax imposed under this chapter. |
2 | (b) Inapplicability.--Section 404 of the code shall not |
3 | apply to the tax imposed by this chapter. |
4 | (c) Underpayment.--In addition to any other penalty provided |
5 | by law, if the amount of any estimated payment of tax due or |
6 | payment of tax due is underpaid, a penalty shall be imposed in |
7 | the amount of 5% of the underpayment per month for the period of |
8 | the underpayment, up to a maximum of 25% of the underpayment. |
9 | (d) Failure to file.--In addition to any other penalty |
10 | provided by law, if an oil company fails to file the report |
11 | required by section 2203 (relating to reports and payment of |
12 | tax) within 270 days of the original due date of the report, a |
13 | penalty of $500 shall be imposed on the business entity. |
14 | § 2206. Cost of tax and penalties. |
15 | (a) Cost.--The cost of the tax imposed in section 2202 |
16 | (relating to imposition of tax), or any portion of the tax, |
17 | shall not be added to, separately stated with or included in the |
18 | purchase price charged to a purchaser of petroleum products. |
19 | (b) Penalties.--An individual who willfully violates |
20 | subsection (a) commits a misdemeanor of the third degree. In |
21 | addition, the seller of the petroleum products shall be required |
22 | to pay a penalty equal to the amount added to, separately stated |
23 | with or included with the purchase price charged to the |
24 | purchaser. |
25 | (c) Attorney General.--In addition to the authority |
26 | conferred upon the Attorney General by the act of October 15, |
27 | 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, |
28 | the Attorney General shall have the authority to investigate and |
29 | to institute criminal proceedings for any violation of this |
30 | section. No persons charged with a violation of this section by |
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1 | the Attorney General shall have standing to challenge the |
2 | authority of the Attorney General to investigate or prosecute |
3 | the case. If a challenge is made, the challenge shall be |
4 | dismissed, and no relief shall be made available in the courts |
5 | of this Commonwealth to the person making the challenge. |
6 | § 2207. Administration. |
7 | (a) Separate nature.--Tax under this chapter shall be |
8 | separately reported, determined and treated. |
9 | (b) Estimation.--A taxpayer under this chapter shall |
10 | estimate the amount of the tax under section 2202 (relating to |
11 | imposition of tax). |
12 | (c) Payment.-- |
13 | (1) A taxpayer shall pay the estimated tax in a single |
14 | installment by the 15th day of the third month of the taxable |
15 | year. |
16 | (2) After payment under paragraph (1), the remaining |
17 | portion of the tax due under this chapter shall be paid on |
18 | the date the report under section 2203 (relating to reports |
19 | and payment of tax) is required to be filed, without |
20 | reference to an extension of time for filing. |
21 | Section 2. Title 74 is amended by adding a section to read: |
22 | § 105. Statement of policy. |
23 | In the interest of protecting existing transportation |
24 | infrastructure and preserving land as a resource, the Department |
25 | of Transportation shall give higher consideration to |
26 | maintenance, repair and improvement to existing transportation |
27 | infrastructure before consideration of capital projects that |
28 | expand the size and scope of the infrastructure. |
29 | Section 3. Section 1506 of Title 74 is amended by adding a |
30 | subsection to read: |
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1 | § 1506. Fund. |
2 | * * * |
3 | (f) Availability of funds.--Funds not expended under this |
4 | section in the fiscal year in which they were made available |
5 | shall not lapse and shall be available for use pursuant to this |
6 | section in the next four succeeding fiscal years. |
7 | Section 4. Section 1507(a) and 1514(e) of Title 74 are |
8 | amended by adding paragraphs to read: |
9 | § 1507. Application and approval process. |
10 | (a) Application.--An eligible applicant that wishes to |
11 | receive financial assistance under this chapter shall submit a |
12 | written application to the department on a form developed by the |
13 | department, which shall include the following: |
14 | * * * |
15 | (6.1) A statement of policy outlining basic principles |
16 | for adjustment in fare revenue growth to meet the rate of |
17 | inflation. |
18 | * * * |
19 | § 1514. Asset improvement program. |
20 | * * * |
21 | (e) Priorities.--The award of financial assistance under |
22 | this section shall be subject to the following set of priorities |
23 | in descending order of significance unless a compelling return |
24 | on investment analysis for a project in a lower category is |
25 | provided to and approved by the department: |
26 | * * * |
27 | (4) Request for funds to support local transportation |
28 | organizations merger and consolidation incentives. Capital |
29 | projects that are needed to support local transportation |
30 | organizations that have agreed to merge and consolidate |
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1 | operations and administration to achieve cost and service |
2 | efficiencies. The efficiencies must be identified in a merger |
3 | and consolidation plan, and must include the expected dollar |
4 | savings that will result from the merger and consolidation. |
5 | * * * |
6 | Section 5. Title 74 is amended by adding sections to read: |
7 | § 1521. Imposition and allocation of surcharges. |
8 | (a) Surcharge.--The following surcharges are hereby imposed, |
9 | the proceeds of which shall be deposited in the Public |
10 | Transportation Trust Fund established under section 1506 |
11 | (relating to fund) and are hereby appropriated for the program |
12 | specified in section 1514 (relating to asset improvement |
13 | program): |
14 | (1) In addition to the fee established by 75 Pa.C.S. § |
15 | 1951(c) (relating to driver's license and learner's permit), |
16 | a surcharge of $13 is imposed on all issuances of an |
17 | identification card. In addition to the fee established by 75 |
18 | Pa.C.S. § 1951(d), a surcharge of $2 is imposed on all |
19 | issuances of a replacement identification card. |
20 | (2) In addition to the fee established by 75 Pa.C.S. § |
21 | 1952 (relating to certificate of title), a surcharge of $8.50 |
22 | is imposed on all issuances of certificate of title. |
23 | (3) In addition to the fee established by 75 Pa.C.S. § |
24 | 1953 (relating to security interest), a surcharge of $9 is |
25 | imposed on all recordings or changes to the amount of a |
26 | security interest. |
27 | (4) In addition to the fee established by 75 Pa.C.S. § |
28 | 1955(a) (relating to information concerning drivers and |
29 | vehicles), a surcharge of $13 is imposed on copies of written |
30 | or electronic information relating to driver, registration, |
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1 | title or security interest. |
2 | (5) In addition to the fee established by 75 Pa.C.S. § |
3 | 1956 (relating to certified copies of records), a surcharge |
4 | of $31 is imposed on all certified copies of records. |
5 | (6) In addition to the fee established by 75 Pa.C.S. § |
6 | 1958 (relating to certificate of inspection), a surcharge of |
7 | $3 is imposed on all annual certificates of inspection and $2 |
8 | on semiannual certificates of inspection. |
9 | (b) Increase.--For calender year 2013 and each calendar year |
10 | thereafter, the department shall increase the surcharges under |
11 | subsection (a) by the lesser of the following: |
12 | (1) The rate of inflation calculated using the Consumer |
13 | Price Index for the most recent available data over a 12- |
14 | month period. |
15 | (2) One and one-half percent. |
16 | (c) Publication.--The department shall publish notice of the |
17 | surcharge under subsection (b) and of the new total cost at |
18 | least 90 days prior to the beginning of each calendar year. |
19 | § 1522. Minimum qualifications for governing board members. |
20 | Minimum qualifications for governing board members for a |
21 | local transportation organization may include the following: |
22 | (1) Being a reputable citizen of this Commonwealth, of |
23 | mature judgment and broad experience. |
24 | (2) Having professional background expertise or |
25 | substantial experience in one or more of the following areas: |
26 | (i) Transportation. |
27 | (ii) Finance. |
28 | (iii) Law. |
29 | (iv) Land use and public planning. |
30 | (v) Human services. |
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1 | (3) Demonstrating an interest in public transportation |
2 | through support of the organization's mission, values and |
3 | vision. |
4 | § 1523. Best practices for transit oriented development. |
5 | The department shall develop a manual on the best practices |
6 | for transit oriented development and make the manual available |
7 | to local transportation organizations and local governments. |
8 | § 1524. Review of human service transportation coordination. |
9 | The Legislative Budget and Finance Committee shall do all of |
10 | the following: |
11 | (1) Review the specific findings and recommendations of |
12 | the Human Service Transportation Coordination Study of 2009. |
13 | (2) Evaluate potential strategies for a unified human |
14 | services transportation program management that may include |
15 | use of memorandums of understanding among agencies, joint |
16 | program offices or other strategies that promote |
17 | consolidation. |
18 | (3) Review the potential for consolidation, specifically |
19 | considering matters relating to agency administration, |
20 | personnel, customer service, unified human service |
21 | transportation planning, cost implications and any other |
22 | factors deemed significant. |
23 | (4) Determine whether department or agency consolidation |
24 | is a feasible solution to improve the coordination of |
25 | Commonwealth human services transportation management and |
26 | identify the specific legislative and policy actions, if |
27 | necessary, required to implement such a plan. |
28 | (5) Report all findings, conclusions and recommendations |
29 | to the Senate and the House of Representatives within one |
30 | year of the effective date of this section. |
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1 | § 1525. Review of existing transportation entities. |
2 | The following shall apply: |
3 | (1) The Legislative Budget and Finance Committee shall |
4 | undertake a review of the existing transportation entities in |
5 | this Commonwealth which shall include consultation with |
6 | representatives from transportation entities in this |
7 | Commonwealth. |
8 | (2) The Legislative Budget and Finance Committee shall |
9 | identify states for comparison with this Commonwealth, which |
10 | may include the regional transportation authorities in the |
11 | states of California, Colorado, Florida, Georgia, Oregon and |
12 | Texas, for the purpose of reviewing existing practices and |
13 | functions and their applicability to Pennsylvania. |
14 | (3) The Legislative Budget and Finance Committee shall |
15 | identify states for comparison with this Commonwealth, which |
16 | may include the states of Arkansas, California, Georgia and |
17 | Washington, for the purpose of reviewing regional |
18 | transportation authorities that have enabled a taxing |
19 | authority, or proposed to do so, for the purpose of |
20 | generating revenue for transit and local transportation |
21 | funding. |
22 | (4) The Legislative Budget and Finance Committee shall |
23 | complete a study and cost analysis of the implementation and |
24 | continued administration of regional multimodal |
25 | transportation authorities in this Commonwealth. |
26 | (5) The Legislative Budget and Finance Committee shall |
27 | identify and apply for government grants or private funding, |
28 | or both, for a study germane to this issue. |
29 | (6) The Legislative Budget and Finance Committee shall |
30 | do all of the following: |
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1 | (i) Evaluate the powers and duties of each |
2 | individual authority, including limitations of the |
3 | individual authority to plan, design, finance, construct, |
4 | operate and maintain existing transportation facilities |
5 | and to provide a safe, adequate and efficient surface |
6 | transportation network for this Commonwealth. |
7 | (ii) Address agency revenue sources, governance, |
8 | coordination of work plans and coordination with local |
9 | comprehensive plans for all transportation facilities and |
10 | infrastructure development within this Commonwealth. |
11 | (iii) Recommend an implementation plan, which may |
12 | include the formation of one or several regional |
13 | transportation networks, or other implementation |
14 | approaches to provide a comprehensive multimodal regional |
15 | transportation network. |
16 | (iv) Recommend and itemize any legislative action, |
17 | if necessary, to implement regional multimodal |
18 | transportation authorities in this Commonwealth. |
19 | (7) The Legislative Budget and Finance Committee shall |
20 | report all findings, conclusions and recommendations to the |
21 | Senate and the House of Representatives within one year of |
22 | the effective date of this section. |
23 | § 1526. Review of State highway maintenance formula. |
24 | The Legislative Budget and Finance Committee shall review the |
25 | State highway maintenance formula set forth in 75 Pa.C.S. Ch. 91 |
26 | (relating to State highway maintenance) and evaluate how well, |
27 | and the fairness by which, the formula allocates resources among |
28 | the county offices of the department in comparison to the State |
29 | highway maintenance needs of those counties. The committee shall |
30 | report its findings, conclusions and recommendations to the |
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1 | Senate and the House of Representatives within one year of the |
2 | effective date of this section. |
3 | Section 6. Title 74 is amended by adding a part to read: |
4 | PART V |
5 | TRANSPORTATION INFRASTRUCTURE |
6 | Chapter |
7 | 91. Public-Private Transportation Partnership |
8 | CHAPTER 91 |
9 | PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP |
10 | Sec. |
11 | 9101. Scope of chapter. |
12 | 9102. Findings and declaration of policy. |
13 | 9103. Definitions. |
14 | 9104. Regulations. |
15 | 9105. Project delivery methods. |
16 | 9106. Approval. |
17 | 9107. Public-private transportation partnership agreement. |
18 | 9108. Police powers and violations of law. |
19 | 9109. Environmental and other authorizations. |
20 | 9110. Taxation of authorized development entity or entities. |
21 | 9111. Power of eminent domain. |
22 | 9112. Sovereign immunity. |
23 | 9113. Amounts payable by proprietary public entities and |
24 | specific performance. |
25 | 9114. Procurement. |
26 | 9115. Additional procurement provisions. |
27 | 9116. Adverse interest. |
28 | 9117. Application of chapter. |
29 | 9118. Federal, Commonwealth, local and private assistance. |
30 | 9119. Public-Private Transportation Account. |
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1 | 9120. Public-Private Transportation Partnership Board. |
2 | 9121. Duties and powers of board. |
3 | 9122. Role of department in operation of board. |
4 | 9123. Prohibition. |
5 | § 9101. Scope of chapter. |
6 | This chapter relates to public-private transportation |
7 | partnerships. |
8 | § 9102. Findings and declaration of policy. |
9 | (a) Legislative findings and declarations.--The General |
10 | Assembly finds and declares as follows: |
11 | (1) There is urgent public need to reduce congestion, |
12 | increase capacity, improve safety and enhance economic |
13 | efficiency of transportation facilities throughout this |
14 | Commonwealth. |
15 | (2) The Commonwealth has limited resources to fund the |
16 | maintenance and expansion of its transportation facilities. |
17 | (3) To ensure the needs of the public are adequately |
18 | addressed, alternative funding mechanisms and strategies must |
19 | be developed to supplement existing public revenue sources. |
20 | (4) The imposition of user fees establishes an |
21 | additional funding source for transportation infrastructure |
22 | needs that spreads the costs across those who most benefit |
23 | from the Commonwealth's system of roads, highways and |
24 | bridges. |
25 | (5) The imposition of user fees and the development, |
26 | operation, maintenance, construction and improvement of toll |
27 | roads is a proprietary function which may be delegated to a |
28 | private entity consistent with section 31 of Article 3 of the |
29 | Constitution of Pennsylvania. |
30 | (6) Authorizing public entities to enter into |
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1 | transportation development agreements with private entities |
2 | and other public entities for the development, operation and |
3 | financing of transportation facilities can result in greater |
4 | availability of transportation facilities to the public in a |
5 | timely, efficient and less costly fashion, thereby serving |
6 | the public safety and welfare. |
7 | (7) Assuring that qualifying transportation projects are |
8 | developed, operated and financed in a cost-effective manner |
9 | is an important factor in promoting the health, safety and |
10 | welfare of the citizens of this Commonwealth. |
11 | (b) Intent.--It is the intent of this chapter: |
12 | (1) To encourage private entities to invest in this |
13 | Commonwealth by participating in the development, operation |
14 | and/or financing of transportation facilities. |
15 | (2) To accomplish the goals under subsection (a) and |
16 | paragraph (1), and to provide the policies set forth in this |
17 | chapter to provide public entities and private entities with |
18 | the flexibility in contracting with each other for and in |
19 | providing of the public services that are the subject of this |
20 | title. |
21 | (3) To accomplish the goals under subsection (a) and |
22 | paragraph (1), and provide the policies set forth in this |
23 | chapter to make clear that public entities are authorized and |
24 | empowered to contract with private entities for and in |
25 | providing of the public services that are the subject of this |
26 | title. |
27 | (4) To establish a board with the authority to authorize |
28 | the charging of user fees consistent with the goals under |
29 | subsection (a) and paragraph (1). |
30 | § 9103. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Account." The Public-Private Transportation Account. |
5 | "Board." The Public-Private Transportation Partnership |
6 | Board. |
7 | "Department." The Department of Transportation of the |
8 | Commonwealth. |
9 | "Development entity." Any of the following: |
10 | (1) A private entity. |
11 | (2) A public entity, other than the proprietary public |
12 | entity. |
13 | (3) A partnership of entities proposing, bidding or |
14 | responding to a solicitation by the Department of |
15 | Transportation or a proprietary public entity. |
16 | "Electronic toll." A system of collecting tolls or charges |
17 | that is capable of charging an account holder for the prescribed |
18 | toll by electronic transmission of information, including E-Z |
19 | Pass, open road tolling, video tolling or other similar |
20 | structural or technological enhancements pertaining to tolling. |
21 | "Private entity." A person, entity or organization that is |
22 | not the Federal Government, a state, a political subdivision of |
23 | this Commonwealth or a unit of government. |
24 | "Proprietary public entity." A public entity that owns the |
25 | eligible transportation facility that is subject to a public- |
26 | private transportation partnership agreement. |
27 | "Public entity." The Commonwealth or any of its departments, |
28 | commissions, authorities, agencies or a unit of government. The |
29 | term includes the Department of Transportation and the |
30 | Pennsylvania Turnpike Commission. The term does not include the |
|
1 | General Assembly and its members, officers or agencies or any |
2 | court or other office or agency of the Pennsylvania judicial |
3 | system. |
4 | "Public-private transportation partnership agreement." A |
5 | binding agreement for a public-private transportation project |
6 | transferring rights for the use or control, in whole or in part, |
7 | of a transportation facility by the Department of Transportation |
8 | or a proprietary public entity to a development entity for a |
9 | definite term during which the development entity will provide |
10 | transportation-related services in return for the right to |
11 | receive all or a portion of the revenue of the transportation |
12 | facility, or other payment, such as the following |
13 | transportation-related services: |
14 | (1) Operations and maintenance. |
15 | (2) Revenue collection. |
16 | (3) User fee collection or enforcement. |
17 | (4) Design. |
18 | (5) Construction. |
19 | (6) Development and other activities with respect to |
20 | existing or new transportation facilities that enhance |
21 | traffic throughput, reduce congestion, improve safety or |
22 | otherwise manage or improve a transportation facility. |
23 | "Public-private transportation project." A project for the |
24 | safe transport of people or goods via one or more modes of |
25 | transport. |
26 | "Right-to-Know Law." The act of February 14, 2008 (P.L.6, |
27 | No.3), known as the Right-to-Know Law. |
28 | "Solicitation." The process by which the Department of |
29 | Transportation or a proprietary public entity may elect to |
30 | procure services under section 9106(b) (relating to approval). |
|
1 | "State Adverse Interest Act." The act of July 19, 1957 |
2 | (P.L.1017, No.451), known as the State Adverse Interest Act. |
3 | "Transportation facility." A proposed or existing road, |
4 | bridge, tunnel, overpass, ferry, busway, guideway, public |
5 | transportation facility, vehicle parking facility, port |
6 | facility, multimodal transportation facility, airport, station, |
7 | hub, terminal or similar facility used or to be used for the |
8 | transportation of persons, animals or goods, together with any |
9 | buildings, structures, parking areas, appurtenances and other |
10 | property needed to operate the transportation facility. The term |
11 | includes any improvements or substantial enhancements or |
12 | modifications to an existing transportation facility. |
13 | "Unit of government." Any of the following: |
14 | (1) An agency, office or department of the Commonwealth. |
15 | (2) A city, county, district, commission, authority, |
16 | entity, port or other public corporation organized and |
17 | existing under statutory law, voter-approved charter or |
18 | initiative. |
19 | (3) An intergovernmental entity. |
20 | § 9104. Regulations. |
21 | (a) Promulgation.--In order to facilitate the implementation |
22 | of this chapter, the department may promulgate regulations or |
23 | publish guidelines that include any of the following: |
24 | (1) The process for review of request for solicitations |
25 | or responses to requests for solicitations issued by the |
26 | department or a proprietary public entity. |
27 | (2) The process for receipt and review of and response |
28 | to competing responses to requests for solicitations. |
29 | (3) The type and amount of information that is necessary |
30 | for adequate review of and response to each state of review |
|
1 | of a solicitation. |
2 | (4) The process for submission and review of requests to |
3 | the department and the board by public entities for approval |
4 | of a public-private transportation project. |
5 | (5) Any other provisions which are required under this |
6 | chapter or which the department determines are appropriate |
7 | for implementation of this chapter. |
8 | (b) Temporary regulations.--Notwithstanding any other |
9 | provision of law and in order to facilitate the prompt |
10 | implementation of this chapter, any regulation promulgated by |
11 | the department under this chapter during the two years following |
12 | the effective date of this section shall be deemed temporary |
13 | regulations which shall expire no later than three years |
14 | following the effective date of this section or upon |
15 | promulgation of final regulations. The temporary regulations |
16 | shall not be subject to any of the following: |
17 | (1) Sections 201, 202, 203 and 204 of the act of July |
18 | 31, 1968 (P.L.769, No.240), referred to as the Commonwealth |
19 | Documents Law. |
20 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
21 | the Regulatory Review Act. |
22 | § 9105. Project delivery methods. |
23 | The department shall provide for the development or operation |
24 | of eligible facilities using a variety of project delivery |
25 | methods and forms of agreement. The methods may include: |
26 | (1) Predevelopment agreements leading to other |
27 | implementing agreements. |
28 | (2) A design-build agreement. |
29 | (3) A design-build-maintain agreement. |
30 | (4) A design-build-finance-operate agreement. |
|
1 | (5) A design-build-operate-maintain agreement. |
2 | (6) A design-build-finance-operate-maintain agreement. |
3 | (7) A concession providing for the private entity to |
4 | design, build, operate, maintain, manage or lease an eligible |
5 | transportation facility. |
6 | (8) Any other project delivery method or agreement or |
7 | combination of methods or agreements that the department |
8 | determines will serve the public interest. |
9 | § 9106. Approval. |
10 | (a) Authorization.--The department or a proprietary public |
11 | entity, upon approval by the board, is authorized to enter into |
12 | an agreement with a development entity for the purpose of |
13 | forming a public-private transportation partnership in |
14 | accordance with this chapter. |
15 | (b) Solicitation.--The department or a proprietary public |
16 | entity may procure services under this chapter using any or all |
17 | of the following: |
18 | (1) Request for project proposals in which is described |
19 | a class of transportation facilities or a geographic area in |
20 | which development entities are invited to submit proposals to |
21 | develop transportation facilities. |
22 | (2) Solicitations using requests for qualifications, |
23 | short-listing of qualified proposers, requests for proposals, |
24 | negotiations, best and final offers or other procurement |
25 | procedures. |
26 | (3) Procurements seeking development and finance plans |
27 | most suitable for the project. |
28 | (4) Best value selection procurements based on price, |
29 | financial proposals, or both, or other factors determined to |
30 | be relevant to a decision that is in the best interest of the |
|
1 | Commonwealth or the proprietary public entity. |
2 | (5) Other procedures that the department determines may |
3 | further the implementation of this chapter. |
4 | (6) Unsolicited proposals as recommended by the board if |
5 | the board, in consultation with the department, determines |
6 | there is sufficient merit to pursue the proposal, a |
7 | reasonable opportunity for other entities to submit competing |
8 | proposals for consideration and a possible contract award. |
9 | (c) Notice.--The department or a proprietary public entity |
10 | must give adequate public notice of any request for |
11 | qualifications, request for proposal or other solicitation in a |
12 | reasonable amount of time prior to any deadline date for |
13 | submission. The solicitation shall generally set forth the |
14 | factors that will be evaluated and the manner in which responses |
15 | will be evaluated. |
16 | (d) Costs.-- |
17 | (1) The department and a proprietary public entity and |
18 | their respective advisers shall not be responsible for any |
19 | costs or damages incurred by a private party in connection |
20 | with any requests for qualifications, requests for proposals |
21 | or other solicitations. |
22 | (2) The department or a proprietary public entity may, |
23 | in its discretion, elect to pay a stipend to unsuccessful |
24 | offerors who have submitted responsive proposals, bids and |
25 | other materials in response to a request for proposals or |
26 | other solicitation. Stipends may be made available solely to |
27 | defray the costs of proposal or response preparation. The |
28 | availability of a stipend and the conditions necessary to |
29 | qualify for payment shall be included in the request for |
30 | proposals or other solicitation. |
|
1 | (3) The department or a proprietary public entity may |
2 | charge and retain an administrative fee for the evaluation of |
3 | a public-private transportation partnership proposal as |
4 | recommended by the board. |
5 | (e) Modification and termination rights.-- |
6 | (1) The department or a proprietary public entity may |
7 | modify a solicitation request if it determines the |
8 | modification to be in the best interest of the Commonwealth |
9 | or proprietary public entity. |
10 | (2) A solicitation request may be canceled at any time |
11 | prior to the time a public-private transportation partnership |
12 | agreement is executed, if the department or the proprietary |
13 | public entity determines, on a case-by-case basis, that the |
14 | action is in the best interest of the Commonwealth or the |
15 | proprietary public entity. The reasons for cancellation shall |
16 | be made a part of the file. |
17 | (3) A submission and offer made in response to the |
18 | solicitation request may be rejected at any time prior to the |
19 | time a public-private transportation partnership agreement is |
20 | executed, if the department or the proprietary public entity |
21 | determines, on a case-by-case basis, that the action is in |
22 | the best interest of the Commonwealth or the proprietary |
23 | public entity. The reasons for rejection shall be made part |
24 | of the file. |
25 | (4) A decision to modify, cancel or reject any request |
26 | for solicitation shall be final and unreviewable. |
27 | (5) The issuance for a request for solicitation in no |
28 | way shall obligate the department or a proprietary public |
29 | entity to enter into a public-private transportation |
30 | partnership agreement or a contract of any kind with a party. |
|
1 | (f) Selection criteria, evaluation and award.-- |
2 | (1) In evaluating proposals, the department or a |
3 | proprietary public entity shall obtain the best value for the |
4 | Commonwealth or the proprietary public entity and may accord |
5 | relative weight to factors such as cost, financial |
6 | commitment, innovative financing, technical, scientific, |
7 | technological or socioeconomic merit, financial strength and |
8 | viability and other factors as deemed appropriate. |
9 | (2) The department or a proprietary public entity may |
10 | conduct discussions with development entities to assure |
11 | understanding of and responsiveness to the requirements of a |
12 | request for qualifications. |
13 | (3) The department or a proprietary public entity shall |
14 | conduct a public and competitive process to award a public- |
15 | private transportation partnership agreement. |
16 | (4) The department or a proprietary public entity shall |
17 | accept for contract negotiation the responsive and |
18 | responsible development entity whose proposal is determined |
19 | in writing to be the most advantageous to the Commonwealth or |
20 | the proprietary public entity, taking into consideration |
21 | price and all evaluation factors. |
22 | (5) The department or a proprietary public entity may |
23 | require that any bid or proposal submitted to enter into a |
24 | public-private transportation partnership agreement be |
25 | accompanied by security in the form of cash, letters of |
26 | credit or other financial security acceptable to the |
27 | department or the proprietary public entity. |
28 | (6) The department or a proprietary public entity may |
29 | retain financial, technical, legal and other consultants and |
30 | experts to assist in the evaluation, negotiation and |
|
1 | development of eligible facilities under this chapter. |
2 | (g) Use of intellectual property.--Unless otherwise agreed |
3 | and except to the extent not transferable by law, the department |
4 | or a proprietary public entity shall have the right to use all |
5 | or a portion of a response to a solicitation, including the |
6 | technologies, techniques, methods, processes and information |
7 | contained in the response. Notice of nontransferability by law |
8 | shall be given to the department in response to the request for |
9 | qualifications. |
10 | (h) Records of solicitation requests.--Notwithstanding the |
11 | Right-to-Know Law, the following shall apply: |
12 | (1) Upon the selection of a development entity to be a |
13 | party to a public-private transportation partnership |
14 | agreement, the identity of the development entity selected, |
15 | the contents of the response of the development entity to the |
16 | request for qualifications, the final bid or proposal |
17 | submitted by the development entity and the form of the |
18 | public-private transportation agreement shall be made public. |
19 | Any financial information of a development entity that was |
20 | requested in a request for qualifications or a solicitation |
21 | to demonstrate the economic capability of a development |
22 | entity to fully perform the requirements of the public- |
23 | private transportation partnership agreement and which is |
24 | contained in a response to a request for qualifications shall |
25 | not be subject to public inspection. |
26 | (2) The department or a proprietary public entity may, |
27 | in its discretion, make public any information described |
28 | under paragraph (1) that would not otherwise be subject to |
29 | public inspection. |
30 | (3) If the department or a proprietary public entity |
|
1 | terminates a public-private transportation partnership |
2 | agreement for default, rejects a development entity or a |
3 | person on the grounds that the development entity is not |
4 | responsible or suspends or debars a development entity or a |
5 | person, the development entity or person shall, upon written |
6 | request, be provided with a copy of the information contained |
7 | in the file of the development entity or person maintained by |
8 | the department, the Office of the Budget and the Department |
9 | of General Services or a proprietary public entity under a |
10 | contractor responsibility program. |
11 | (4) A record, material or data received, prepared, used |
12 | or retained by the department or a proprietary public entity |
13 | or their employees, consultants or agents in connection with |
14 | the evaluation of requests for qualifications shall not |
15 | constitute a public record subject to public inspection under |
16 | the Right-to-Know Law if, in the reasonable judgment of the |
17 | department or the proprietary public entity, the inspection |
18 | would cause substantial competitive harm to the entity or |
19 | person from whom the information was received. |
20 | (i) Diversity.-- |
21 | (1) It is the intent and goal of the General Assembly |
22 | that the department and proprietary public entities promote |
23 | and ensure diversity in all aspects of development and |
24 | operation of a public-private transportation project |
25 | authorized under this chapter. The department and proprietary |
26 | public entities shall work to enhance the representation of |
27 | diverse groups in the development and operation by private |
28 | entities of any public-private transportation project through |
29 | the participation of business enterprises utilized by |
30 | development entities and through the provision of goods and |
|
1 | services utilized by development entities in the development |
2 | and operation of any public-private transportation project |
3 | authorized under this chapter. |
4 | (2) The department is authorized to investigate and |
5 | conduct periodic studies to ascertain whether effective and |
6 | meaningful action has been taken or will be taken to enhance |
7 | the representation of diverse groups in the development and |
8 | operation by development entities of any public-private |
9 | transportation project in this Commonwealth through the |
10 | participation of business enterprises utilized by development |
11 | entities in the development and operating of any public- |
12 | private transportation project under this chapter and through |
13 | the provision of goods and services utilized by development |
14 | entities in the development and operation of any public- |
15 | private transportation project and through employment |
16 | opportunities. |
17 | § 9107. Public-private transportation partnership agreement. |
18 | (a) Agreement provisions.--A public-private transportation |
19 | partnership agreement shall include the following provisions: |
20 | (1) A description of any planning, development, design, |
21 | leasing, acquisition or interest in, financing, installation, |
22 | construction, reconstruction, replacement, expansion, |
23 | operation, maintenance, improvement, equipping, modification, |
24 | expansion, enlargement, management, running, control and |
25 | operation of the transportation facility. |
26 | (2) The term of the public-private transportation |
27 | partnership agreement. |
28 | (3) The type of property interest or other relationship |
29 | the development entity will have in or with respect to the |
30 | project, including acquisition of rights-of-way and other |
|
1 | property interests that may be required. |
2 | (4) Authorization for the department and the proprietary |
3 | public entity, or their authorized representatives, to |
4 | inspect all assets and properties of the transportation |
5 | facility and all books and records of the development entity |
6 | relating to the eligible transportation facility to review |
7 | the development entity's performance under the public-private |
8 | transportation partnership agreement. |
9 | (5) Grounds for termination of the public-private |
10 | transportation partnership agreement by the parties. |
11 | (6) Procedures for amendment of the public-private |
12 | transportation partnership agreement. |
13 | (7) The rights and remedies available in the event of |
14 | breach, default or delay. |
15 | (8) Requirements for a private development entity to |
16 | provide performance and payment bonds, parent company |
17 | guarantees, letters of credit or other acceptable forms of |
18 | security in an amount acceptable to the proprietary public |
19 | entity. |
20 | (9) A requirement that the transportation facility |
21 | acquired or constructed is public property that is leased to |
22 | the development entity and belongs to the proprietary public |
23 | entity. |
24 | (10) Standards for construction, maintenance and |
25 | operation of the transportation facility if the activities |
26 | are to be performed by the development entity. |
27 | (11) Standards for capital improvement or modification |
28 | of the transportation facility if they are to be made by the |
29 | development entity. |
30 | (12) Standards relating to how payments, if any, are to |
|
1 | be made by the proprietary public entity to the development |
2 | entity, including availability payments, performance-based |
3 | payment and payments of money and revenue-sharing with the |
4 | development entity. |
5 | (13) Standards relating to how the parties will allocate |
6 | and share management of the risks of the project. |
7 | (14) Standards relating to how the parties will allocate |
8 | costs of development of the project, including any cost |
9 | overruns. |
10 | (15) Standards relating to damages to be assessed for |
11 | nonperformance, specifying remedies available to the parties |
12 | and dispute resolution procedures. |
13 | (16) Standards relating to performance criteria and |
14 | incentives. |
15 | (17) A requirement that upon termination of the public- |
16 | private transportation partnership agreement, the |
17 | transportation facility must be in a state of proper |
18 | maintenance and repair and shall be returned to the |
19 | proprietary public entity in satisfactory condition at no |
20 | further cost to the proprietary public entity. |
21 | (18) Provisions for law enforcement of the public |
22 | transportation facility. |
23 | (19) An obligation of the private entity to offer |
24 | employment to any employee of the department or proprietary |
25 | public entity who would lose employment due to the execution |
26 | of the public-private partnership agreement and who is in |
27 | good standing at the time of execution of the partnership |
28 | agreement, including the following: |
29 | (i) Salary, retirement, health and welfare and |
30 | benefits which are substantially identical to the |
|
1 | benefits received by the employees immediately prior to |
2 | the execution of the partnership agreement. |
3 | (ii) Measures to protect individual employees to the |
4 | greatest degree possible against a worsening of their |
5 | positions related to employment. |
6 | (iii) Assurances of priority of reemployment of |
7 | employees. |
8 | (iv) Paid training or retraining programs. |
9 | (20) Other terms and provisions as required under this |
10 | chapter. |
11 | (21) Other terms and conditions as may be agreed between |
12 | the private entity and the department or the proprietary |
13 | public entity. |
14 | (b) Term.--The department or a proprietary public entity may |
15 | enter into a public-private transportation partnership agreement |
16 | with any development entity that includes the provisions under |
17 | subsection (a) for a term not to exceed 99 years. |
18 | (c) Public partner.--Nothing in this chapter shall prohibit |
19 | the department from entering into a partnership agreement with |
20 | another Commonwealth agency for purposes of forming a |
21 | transportation partnership in accordance with this chapter. |
22 | (d) Propriety public entity.--Nothing in this chapter shall |
23 | prohibit any propriety public entity from entering into a |
24 | public-private transportation partnership agreement with one or |
25 | more public entities for purposes of forming a transportation |
26 | partnership in accordance with this chapter. |
27 | (e) Environmental costs.-- |
28 | (1) The department or any other proprietary public |
29 | entity may provide in a public-private transportation |
30 | partnership agreement that it will pay or reimburse, on terms |
|
1 | that it deems appropriate, the development entity for actual |
2 | costs associated with necessary remediation, including |
3 | investigation activities, for existing environmental |
4 | contaminants if any are on, under or emanating from the real |
5 | property associated with a transportation facility as of the |
6 | date the development entity assumes responsibility for the |
7 | transportation facility. If provision is made under this |
8 | paragraph, the public-private transportation partnership |
9 | agreement shall require that the proprietary public entity be |
10 | given: |
11 | (i) Prompt notice of any claim against the third |
12 | party pertaining to the contaminants. |
13 | (ii) The right to elect to undertake the necessary |
14 | remediation. |
15 | (iii) The right to participate in the defense of or |
16 | response to any claim. |
17 | (iv) The right of prior approval before the |
18 | development entity may settle any claim. |
19 | (2) No payment by the department or any other |
20 | proprietary public entity under this section may be for |
21 | anything other than, or extend beyond, actual losses, |
22 | liabilities, damages, penalties, charges, costs and expenses |
23 | incurred by a private entity to remediate the environmental |
24 | contamination on, under or emanating from the real property |
25 | associated with the transportation facility as of the date |
26 | the development entity assumes responsibility for the |
27 | transportation facility. |
28 | (f) User fees.--A provision establishing whether user fees |
29 | will be collected for use of the transportation facility and the |
30 | basis by which any user fees shall be determined in the public- |
|
1 | private transportation partnership agreement. If a user fee is |
2 | proposed as part of the public-private transportation |
3 | partnership project, the department or a proprietary public |
4 | entity shall include provisions in the agreement that authorize |
5 | the collection of user fees, tolls, fares or similar charges, |
6 | including provisions that: |
7 | (1) Specify technology to be used in the transportation |
8 | facility. |
9 | (2) Establish circumstances under which the department |
10 | or the proprietary public entity may receive a share of |
11 | revenues from the charges. |
12 | (3) Govern the enforcement of electronic tolls, |
13 | including provisions for use of available technology. |
14 | (4) Establish payment collection standards, including |
15 | provisions for enforcement of nonpayment and penalties. |
16 | (5) In the event an operator of a vehicle fails to pay |
17 | the prescribed toll or user fee at any location on a |
18 | transportation facility where tolls or user fees are |
19 | collected by means of an electronic or other automated or |
20 | remote form of collection, the collection provisions of |
21 | section 8117 (relating to electronic toll collection) shall |
22 | apply except that the private entity shall possess all of the |
23 | rights, roles, limitations and responsibilities of the |
24 | Pennsylvania Turnpike Commission. |
25 | (g) Amounts received under public-private transportation |
26 | partnership agreement.--The net proceeds received by the |
27 | department or the proprietary public entity under a public- |
28 | private transportation partnership agreement shall be available |
29 | exclusively to provide funding for transportation needs in this |
30 | Commonwealth. The use of the proceeds or other revenues from the |
|
1 | transportation facility shall comply with Federal or State law |
2 | restricting or limiting the use of revenue from the |
3 | transportation facility based on its public funding. |
4 | § 9108. Police powers and violations of law. |
5 | (a) Enforcement of traffic laws.--To the extent the public- |
6 | private transportation facility is a highway, bridge, tunnel |
7 | overpass or similar transportation facility for motor vehicles, |
8 | the traffic and motor vehicle laws of this Commonwealth or, if |
9 | applicable, any local jurisdiction shall be the same as those |
10 | applying to conduct on similar transportation facilities in this |
11 | Commonwealth or the local jurisdiction. Punishment for offenses |
12 | shall be prescribed by law for conduct occurring on similar |
13 | transportation facilities in this Commonwealth or the local |
14 | jurisdiction. |
15 | (b) Arrest powers.--All officers authorized by law to make |
16 | arrests for violations of law in this Commonwealth shall have |
17 | the same powers, duties and jurisdiction within the limits of a |
18 | public-private transportation project as they have in their |
19 | respective areas of jurisdiction. The grant of authority under |
20 | this section shall not extend to the private offices, buildings, |
21 | garages and other improvements of a private entity to any |
22 | greater degree than the police power extends to any other |
23 | private offices, buildings, garages and other improvements. |
24 | § 9109. Environmental and other authorizations. |
25 | (a) Submission of plan not required.--Notwithstanding any |
26 | other provision of law, neither soliciting nor approving a |
27 | request for qualification, nor executing a public-private |
28 | transportation partnership agreement under this chapter shall |
29 | constitute the submission of a preliminary plan or design to the |
30 | department under section 2002(b) of the act of April 9, 1929 |
|
1 | (P.L.177, No.175), known as The Administrative Code of 1929. |
2 | (b) Environmental authorizations.--A public-private |
3 | transportation partnership agreement may require that prior to |
4 | commencing any construction in connection with the development, |
5 | operation or financing of any eligible transportation facility |
6 | if the agreement requires environmental authorizations are |
7 | obtained, the development entity shall do any of the following: |
8 | (1) Secure all necessary environmental permits and |
9 | authorizations and, if specified under the act of May 19, |
10 | 1995 (P.L.4, No.2), known as the Land Recycling and |
11 | Environmental Remediation Standards Act, obtain the approval |
12 | of the Department of Environmental Protection. |
13 | (2) Complete environmental remediation of the site on |
14 | which the eligible transportation facility is or is to be |
15 | located, including acts required under any agreement entered |
16 | into with the Department of Environmental Protection for |
17 | remediation of the site under the Land Recycling and |
18 | Environmental Remediation Standards Act. |
19 | § 9110. Taxation of authorized development entity or entities. |
20 | (a) General rule.--To the extent that revenues or user fees |
21 | received by a development entity or entities pursuant to a |
22 | public-private transportation partnership agreement are subject |
23 | to a tax imposed by a political subdivision prior to the |
24 | effective date of this section, the revenues or user fees shall |
25 | continue to be subject to the tax and to future increases in the |
26 | rate of the tax. |
27 | (b) New taxation barred.--After the effective date of this |
28 | section, no new tax shall be imposed by a political subdivision |
29 | or the Commonwealth on the revenues or user fees received by a |
30 | development entity or entities pursuant to a public-private |
|
1 | transportation partnership agreement. |
2 | (c) Realty transfer tax.--No public-private transportation |
3 | partnership agreement, lease, concession, franchise or other |
4 | contract involving real property of a public-private |
5 | transportation project shall be subject to a Commonwealth or |
6 | local realty transfer tax imposed under the act of December 31, |
7 | 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, |
8 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
9 | Code of 1971, or a successor statute. |
10 | (d) Property.--Property used in connection with a public- |
11 | private transportation project shall be considered public |
12 | property and shall be exempt from ad valorem property taxes and |
13 | special assessments levied against property by the Commonwealth |
14 | or any political subdivision. |
15 | § 9111. Power of eminent domain. |
16 | The exercise of the power of eminent domain by any condemnor |
17 | to acquire property for transportation facility purposes under a |
18 | public-private transportation partnership agreement shall be |
19 | considered a taking for a public purpose and not for a private |
20 | purpose or for private enterprise. |
21 | § 9112. Sovereign immunity. |
22 | (a) General rule.--The General Assembly, under section 11 of |
23 | Article I of the Constitution of Pennsylvania, reaffirms |
24 | sovereign immunity and, except as otherwise provided under |
25 | subsection (b), no provision of this chapter shall constitute a |
26 | waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 |
27 | (relating to sovereign immunity reaffirmed; specific waiver) or |
28 | otherwise. |
29 | (b) Exemption.--The General Assembly, under section 11 of |
30 | Article I of the Constitution of Pennsylvania, waives sovereign |
|
1 | immunity as a bar to claims against the department and any other |
2 | department, commission, authority or agency of the Commonwealth |
3 | or any authority or political subdivision brought in accordance |
4 | with sections 9107(e) (relating to public-private transportation |
5 | partnership agreement) and 9113 (relating to amounts payable by |
6 | proprietary public entities and specific performance), but only |
7 | to the extent set forth under this chapter. |
8 | § 9113. Amounts payable by proprietary public entities and |
9 | specific performance. |
10 | (a) Authorization for payments.--The department or any other |
11 | proprietary public entity is authorized to agree to make |
12 | payments to a development entity pursuant to a public-private |
13 | transportation partnership agreement under any of the following: |
14 | (1) Upon a breach by the proprietary public entity of |
15 | its representations, covenants, warranties or other |
16 | obligations under the public-private transportation |
17 | partnership agreement. |
18 | (2) If the proprietary public entity takes adverse |
19 | actions against the development entity in violation of the |
20 | terms of the public-private transportation partnership |
21 | agreement. |
22 | (3) Upon the occurrence of force majeure or other events |
23 | that have a material adverse effect on the ability of the |
24 | development entity to perform its obligations under the |
25 | public-private transportation partnership agreement or to |
26 | obtain the benefits of the public-private transportation |
27 | partnership agreement. |
28 | (b) Reason for payments.--The payments made by a proprietary |
29 | public entity pursuant to a public-private transportation |
30 | partnership agreement may be for: |
|
1 | (1) Losses, liabilities, damages, penalties, costs and |
2 | expenses of the development entity. |
3 | (2) Amounts necessary to restore the development entity |
4 | to the same after-tax economic position it would have been in |
5 | had the event in question not occurred. |
6 | (3) Amounts necessary to pay the fair market value of |
7 | the interest, benefits and rights of the development entity |
8 | and the rights and obligations of the development entity |
9 | created and made under the public-private transportation |
10 | partnership agreement. |
11 | (c) Specific performance.--A proprietary public entity is |
12 | authorized to agree that specific performance shall be available |
13 | to a development entity as a remedy for a breach by the |
14 | proprietary public entity of its representations, covenants, |
15 | warranties or other obligations under the public-private |
16 | transportation partnership agreement to the extent set forth in |
17 | the public-private transportation partnership agreement. |
18 | § 9114. Procurement. |
19 | Notwithstanding any other provision of law: |
20 | (1) Any public-private transportation partnership |
21 | project undertaken under this chapter may provide design- |
22 | build, design-build-operate, design-build-operate-maintain, |
23 | and operate-maintain procurements and other innovative or |
24 | nontraditional competitive procurement methods for |
25 | transportation-related infrastructure development. |
26 | (2) A development entity or entities shall be subject to |
27 | the requirements of the act of May 1, 1913 (P.L.155, No.104), |
28 | referred to as the Separations Act, in connection with the |
29 | development or operation of a public-private transportation |
30 | project authorized under this chapter. |
|
1 | § 9115. Additional procurement provisions. |
2 | To the extent applicable to the proprietary public entity, |
3 | the following provisions shall apply to a contract entered into |
4 | between the department or a proprietary public entity and an |
5 | authorized development entity related to the development, |
6 | operation or financing of a public-private transportation |
7 | project under this chapter: |
8 | (1) The act of August 15, 1961 (P.L.987, No.442), known |
9 | as the Pennsylvania Prevailing Wage Act. |
10 | (2) The act of July 23, 1968 (P.L.686, No.226), |
11 | entitled, "An act equalizing trade practices in public works |
12 | procurement; authorizing the purchase by the Commonwealth, |
13 | its political subdivisions, and all public agencies, of |
14 | aluminum and steel products produced in a foreign country, |
15 | provided the foreign country does not prohibit or |
16 | discriminate against the importation to, sale or use in the |
17 | foreign country of supplies, material or equipment |
18 | manufactured in this Commonwealth; establishing procedures |
19 | for determining whether foreign countries discriminate |
20 | against supplies, materials or equipment manufactured in this |
21 | Commonwealth; and imposing penalties and providing for relief |
22 | for violation of this act." |
23 | (3) The act of March 3, 1978 (P.L.6, No.3), known as the |
24 | Steel Products Procurement Act. |
25 | (4) 62 Pa.C.S. § 107 (relating to reciprocal |
26 | limitations). |
27 | (5) 62 Pa.C.S. § 531 (relating to debarment or |
28 | suspension). |
29 | (6) 62 Pa.C.S. § 541 (relating to approval of accounting |
30 | system). |
|
1 | (7) 62 Pa.C.S. § 551 (relating to right to inspect |
2 | plant). |
3 | (8) 62 Pa.C.S. § 552 (relating to right to audit |
4 | records). |
5 | (9) 62 Pa.C.S. § 563 (relating to retention of |
6 | procurement records). |
7 | § 9116. Adverse interest. |
8 | (a) Private entity adverse interests.--The following shall |
9 | apply: |
10 | (1) Except as provided under paragraph (2), a private |
11 | entity which submits a response to a request for solicitation |
12 | under section 9106(b) (relating to approval) or an |
13 | unsolicited proposal and which is also a State adviser or a |
14 | State consultant for the department or the Pennsylvania |
15 | Turnpike Commission shall not be deemed to be in violation of |
16 | the State Adverse Interest Act while engaging in any of the |
17 | following activities: |
18 | (i) Preparing or submitting a response to a request |
19 | for qualifications. |
20 | (ii) Participating in any activity with the |
21 | department related to a request for solicitation. |
22 | (iii) Negotiating and entering into any contract |
23 | lease or public-private transportation partnership |
24 | agreement which results from a request for solicitation. |
25 | (iv) Engaging in any other action taken in |
26 | furtherance of the purposes of this chapter. |
27 | (2) A private entity which submits a response to a |
28 | request for solicitation or acts as a consultant or an |
29 | adviser to a private entity which submits a response to a |
30 | request for solicitation to the department shall be |
|
1 | prohibited from consulting or providing advice to the |
2 | department on the review or approval of the response to the |
3 | request for solicitations as submitted. |
4 | (3) A private entity which submits a response to a |
5 | request for solicitation or acts as a consultant or an |
6 | adviser to a private entity which submits a response to a |
7 | request for solicitation to the board shall be prohibited |
8 | from consulting or providing advice to the department on the |
9 | review or approval of the response to the request for |
10 | solicitations so submitted. |
11 | (b) (Reserved). |
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 unless the context clearly indicates otherwise: |
15 | "State adviser." As the term "State advisor" is defined in |
16 | the State Adverse Interest Act. |
17 | "State consultant." As defined in the State Adverse Interest |
18 | Act. |
19 | § 9117. Application of chapter. |
20 | (a) Applicability.--This chapter shall apply to public- |
21 | private transportation partnership agreements between |
22 | proprietary public entities, other public entities and |
23 | development parties for public-private transportation projects |
24 | and shall satisfy any applicable procurement laws unless |
25 | otherwise or to the extent provided for under this chapter. |
26 | (b) Nonapplicability.--This chapter shall not apply to |
27 | agreements entered into exclusively under 62 Pa.C.S. Pt. I |
28 | (relating to Commonwealth Procurement Code) or any other |
29 | Commonwealth law relating to the expenditure or receipt of funds |
30 | by a public entity under contract for construction or services. |
|
1 | (c) Prohibition.--Nothing in this chapter shall prohibit a |
2 | proprietary public entity from entering into a public-private |
3 | transportation partnership agreement in the capacity of a |
4 | proprietary public entity pursuant to powers granted exclusively |
5 | under other Commonwealth statutes. |
6 | (d) Agreements.--If an agreement is entered into under this |
7 | chapter, the public-private transportation partnership agreement |
8 | shall be subject to the provisions of this chapter. |
9 | § 9118. Federal, Commonwealth, local and private assistance. |
10 | (a) Federal assistance.--The following shall apply: |
11 | (1) The department or a proprietary public entity may |
12 | accept from the United States, or any of its agencies, funds |
13 | that are available to the Commonwealth for carrying out this |
14 | chapter, whether the funds are made available by grant, loan, |
15 | loan guarantee or otherwise. |
16 | (2) The department or a proprietary public entity is |
17 | authorized to assent to any Federal requirements, conditions |
18 | or terms of any Federal funding accepted by the department |
19 | under this section. |
20 | (3) The department or a proprietary public entity may |
21 | enter into agreements or other arrangements with the United |
22 | States, or any of its agencies, as may be necessary for |
23 | carrying out the purposes of this chapter. |
24 | (b) Acceptance of grants and donations.--The department or a |
25 | proprietary public entity may accept from any source any grant, |
26 | donation, gift or other form of conveyance of land, money or |
27 | other real, personal or mixed property or other item of value |
28 | for carrying out the purpose of this chapter. |
29 | (c) Contributions.--Subject to acceptance and agreement |
30 | between the private entity and the department or a proprietary |
|
1 | public entity, any eligible transportation facility may be |
2 | financed, in whole or in part, by contribution of any funds or |
3 | property made by the department or a proprietary public entity, |
4 | a private entity, a proprietary public entity or an affected |
5 | jurisdiction. |
6 | (d) Combination of funds.--The department or proprietary |
7 | public entity may combine Federal, State, local and private |
8 | funds to finance an eligible transportation facility under this |
9 | chapter. |
10 | § 9119. Public-Private Transportation Account. |
11 | (a) Establishment.-- |
12 | (1) There is established within the Motor License Fund a |
13 | separate account to be known as the Public-Private |
14 | Transportation Account. |
15 | (2) Money in the account shall be used only for the |
16 | purposes enumerated under subsection (c). |
17 | (b) Deposits to account.--The following shall apply: |
18 | (1) The department shall deposit in the account the |
19 | following: |
20 | (i) All money received pursuant to the terms of a |
21 | public-private transportation partnership agreement. |
22 | (ii) Repayment of any loans from the account made |
23 | under this chapter. |
24 | (iii) Subject to the provisions of any public- |
25 | private transportation partnership agreement, monetary |
26 | damages and other amounts for failure by a development |
27 | entity to comply with the terms of the public-private |
28 | transportation partnership agreement. |
29 | (iv) Subject to the provisions of any public-private |
30 | transportation partnership agreement, payments made from |
|
1 | any insurance proceeds or reserve funds or performance or |
2 | payment bonds in connection with a transportation |
3 | facility. |
4 | (v) Earnings from the investment of the money in the |
5 | account. |
6 | (2) The Secretary of the Budget shall establish any |
7 | restricted accounts within the account as the secretary deems |
8 | necessary for the proper administration of the account. |
9 | (c) Appropriation.--The funds in the account are hereby |
10 | continuously appropriated to the department for the following |
11 | purposes: |
12 | (1) Paying the amounts as the department may be required |
13 | to repay the Federal Highway Administration. |
14 | (2) Paying all amounts designated by the department as |
15 | required for repayment or defeasance of outstanding bonds. |
16 | (3) Paying costs of maintenance, operating and financing |
17 | of transportation facilities in this Commonwealth which are |
18 | available for use by the public, including the costs of |
19 | insurance or reserves against risks of contingencies. |
20 | (4) Paying expenses incurred under or in connection with |
21 | any public-private transportation partnership agreement by |
22 | the department, including professional fees and expenses. |
23 | (5) Paying the costs of the department relating to |
24 | performing and administering duties under this chapter. |
25 | (6) Paying all expenses approved by the board for its |
26 | costs incurred to perform its duties, including paying |
27 | professional fees and expenses. |
28 | (7) Paying costs of any purpose authorized under this |
29 | chapter. |
30 | (d) Amounts received under public-private transportation |
|
1 | partnership agreement.--The net proceeds received under a |
2 | public-private transportation partnership agreement shall be |
3 | available exclusively to provide funding for transportation |
4 | needs in this Commonwealth. The use of the proceeds or other |
5 | revenues from the transportation facility shall be in accord |
6 | with Federal or State law restricting or limiting the use of |
7 | revenue from the transportation facility based on its public |
8 | funding. |
9 | § 9120. Public-Private Transportation Partnership Board. |
10 | (a) Establishment.--There is established a Public-Private |
11 | Transportation Partnership Board. |
12 | (b) Composition.--The board shall be composed of the |
13 | following members: |
14 | (1) The Secretary of Transportation, who shall be the |
15 | chairperson of the board as an ex officio member. |
16 | (2) The Secretary of the Budget, or a designee, as an ex |
17 | officio member. |
18 | (3) The Deputy Secretary of Planning of the department, |
19 | or a designee, as an ex officio member. |
20 | (4) Four members appointed by the General Assembly under |
21 | subsection (c). |
22 | (5) One member appointed by the Governor under |
23 | subsection (d). |
24 | (c) Legislative appointments.-- |
25 | (1) Appointments by members of the General Assembly |
26 | shall be made as follows: |
27 | (i) One individual appointed by the President pro |
28 | tempore of the Senate. |
29 | (ii) One individual appointed by the Minority Leader |
30 | of the Senate. |
|
1 | (iii) One individual appointed by the Speaker of the |
2 | House of Representatives. |
3 | (iv) One individual appointed by the Minority Leader |
4 | of the House of Representatives. |
5 | (2) Legislative appointees shall serve at the pleasure |
6 | of the appointing authority. |
7 | (3) Legislative appointees shall: |
8 | (i) Be reputable citizens of this Commonwealth, of |
9 | mature judgment and broad experience. |
10 | (ii) Not be a member of the General Assembly or |
11 | staff of a member of the General Assembly. |
12 | (iii) Have professional background expertise or |
13 | substantial experience in one or more of the following |
14 | areas: |
15 | (A) Transportation. |
16 | (B) Finance. |
17 | (C) Law. |
18 | (D) Land use and public planning. |
19 | (E) Labor representation. |
20 | (d) Gubernatorial appointment.--Appointments under |
21 | subsection (b)(5) shall be made by the Governor. The member |
22 | shall: |
23 | (1) Be a reputable citizen of this Commonwealth, of |
24 | mature judgment and broad business experience. |
25 | (2) Not hold any other position as an employee of the |
26 | Commonwealth. |
27 | (3) Have professional background expertise or |
28 | substantial experience in one or more of the following areas: |
29 | (i) Transportation. |
30 | (ii) Finance. |
|
1 | (iii) Law. |
2 | (iv) Land use and public planning. |
3 | (v) Labor representation. |
4 | (4) Serve at the pleasure of the Governor. |
5 | (e) Quorum.--Five members of the board shall constitute a |
6 | quorum. |
7 | (f) Compensation.--The members of the board shall not be |
8 | entitled to compensation for their services as members of the |
9 | board but shall be entitled to reimbursement by the department |
10 | for all necessary and reasonable expenses incurred in connection |
11 | with the performance of their duties as members of the board. |
12 | (g) Initial appointment and vacancy.--Appointing authorities |
13 | shall appoint initial board members within 30 days of the |
14 | effective date of this section. Whenever a vacancy occurs on the |
15 | board, the appointing authority shall appoint a successor member |
16 | within 30 days of the vacancy. |
17 | (h) Financial interests.--No member of the board, during the |
18 | member's term of office shall directly or indirectly own, have |
19 | any significant financial interest in, be associated with or |
20 | receive any fee, commission, compensation or anything of value |
21 | from any public entity or private entity seeking to engage in a |
22 | transportation development agreement. |
23 | (i) Applicability.--The following acts shall apply to the |
24 | board: |
25 | (1) The Right-to-Know Law. |
26 | (2) The State Adverse Interest Act. |
27 | (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to |
28 | open meetings) and 11 (relating to ethics standards and |
29 | financial disclosure). |
30 | § 9121. Duties and powers of board. |
|
1 | (a) Duties.--The board shall do all of the following: |
2 | (1) Meet as often as necessary but at least annually. |
3 | (2) Adopt guidelines establishing the procedure by which |
4 | a public entity or private entity may submit a request for |
5 | evaluation of a solicited or unsolicited proposal to the |
6 | board, including guidelines necessary for initial project |
7 | approval and final project approval. |
8 | (3) Consult with persons affected by proposed public- |
9 | private transportation partnership projects. |
10 | (4) Evaluate and approve or deny requests by the |
11 | department and proprietary public entities to undertake |
12 | transportation partnership projects and make recommendations |
13 | to the department and proprietary public entities in the form |
14 | of a resolution. |
15 | (5) Take all action by resolution. The affirmative vote |
16 | of the majority of the members shall be necessary for the |
17 | adoption of a resolution. |
18 | (6) Submit an annual report to the General Assembly |
19 | detailing all transportation partnership projects evaluated |
20 | and resolutions adopted. |
21 | (b) Powers.--The board may do all of the following: |
22 | (1) In evaluating proposals, accord relative weight to |
23 | factors such as cost, financial commitment, innovative |
24 | financing, technical, scientific, technological or |
25 | socioeconomic merit and other factors as the board deems |
26 | appropriate to obtain the best value for the Commonwealth. |
27 | (2) Conduct discussions with private entities to assure |
28 | understanding of and responsiveness to a request for |
29 | evaluation. |
30 | (3) Seek technical assistance necessary to assist the |
|
1 | board in carrying out its duties and powers, at the expense |
2 | of the department. |
3 | (c) Actions.--Actions by the board are a determination of |
4 | public policy and public interest and shall not be considered |
5 | adjudications under 2 Pa.C.S. Chs. 5 Subch. A (relating to |
6 | practice and procedure of Commonwealth agencies) and 7 Subch. A |
7 | (relating to judicial review of Commonwealth agency action) and |
8 | shall not be appealable to the department or a court of law. |
9 | § 9122. Role of department in operation of board. |
10 | (a) Technical assistance.--The department shall supply all |
11 | necessary assistance to assist the board in carrying out its |
12 | duties and responsibilities, including retention of legal, |
13 | financial and technical consultants to assist with this role. |
14 | (b) Analysis.--Upon initial board approval of a public- |
15 | private transportation project, the department shall develop a |
16 | detailed analysis of the proposal prior to the final approval by |
17 | the board. |
18 | (c) Oversight.--Upon final approval by the board of a |
19 | public-private transportation project, the department shall |
20 | retain oversight and monitor the project, including periodic |
21 | reports to the board, as necessary. |
22 | § 9123. Prohibition. |
23 | (a) General rule.--Except as provided under subsection (b), |
24 | the Pennsylvania Turnpike Commission may not enter into a |
25 | public-private transportation partnership agreement in the |
26 | capacity of a proprietary public entity with respect to granting |
27 | substantial oversight and control over the Turnpike Mainline to |
28 | another entity unless specific authority is granted by statute. |
29 | (b) Exception.--Subsection (a) shall not restrict the |
30 | Pennsylvania Turnpike Commission from entering into a public- |
|
1 | private transportation partnership agreement under this chapter |
2 | or another statute which does not involve granting substantial |
3 | oversight and control over the Turnpike Mainline to another |
4 | entity. |
5 | Section 7. Sections 1553(c) and 1617(1), (2) and (4) of |
6 | Title 75 are amended to read: |
7 | § 1553. Occupational limited license. |
8 | * * * |
9 | (c) Fee.--The fee for applying for an occupational limited |
10 | license shall be [$50] $60. This fee shall be nonrefundable and |
11 | no other fee shall be required. |
12 | * * * |
13 | § 1617. Fees. |
14 | Fees relating to commercial drivers' licenses to be collected |
15 | by the department under this chapter shall be in addition to any |
16 | other fees imposed under the provisions of this title and are as |
17 | follows: |
18 | (1) The annual fee for a commercial driver's license |
19 | designation shall be [$10] $17. |
20 | (2) In addition to any other restoration fee required by |
21 | this title, an additional restoration fee of [$50] $84 shall |
22 | be assessed and collected before reinstating a commercial |
23 | driver's operating privilege following a suspension or |
24 | revocation under this title or disqualification under this |
25 | chapter. |
26 | * * * |
27 | (4) An additional fee of [$10] $17 shall be imposed for |
28 | the initial issuance or renewal of a commercial driver's |
29 | license with an "H" or "X" endorsement, in addition to the |
30 | cost of a criminal history background check as required by |
|
1 | the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat. |
2 | 272). |
3 | Section 8. Title 75 is amended by adding a section to read: |
4 | § 1906. Annual adjustment to fees. |
5 | (a) Increase.--For calender year 2013 and each calendar year |
6 | thereafter, the department shall increase the fees under the |
7 | following provisions by the rate of inflation calculated using |
8 | the Consumer Price Index for the most recent available data over |
9 | a 12-month period or 1.5%, whichever is the lesser, multiplied |
10 | by the difference between the fee amount on October 1 of the |
11 | previous calendar year and October 1, 2011: |
12 | Section 1553(c) (relating to occupational limited |
13 | license). |
14 | Section 1617(1), (2) and (4) (relating to fees). |
15 | Section 1912 (relating to passenger cars). |
16 | Section 1913 (relating to motor homes). |
17 | Section 1914 (relating to motorcycles). |
18 | Section 1915 (relating to motor-driven cycles). |
19 | Section 1916(a)(1) (relating to trucks and truck |
20 | tractors). |
21 | Section 1917 (relating to motor buses and limousines). |
22 | Section 1918 (relating to school buses and school |
23 | vehicles). |
24 | Section 1920(a) and (c) (relating to trailers). |
25 | Section 1921 (relating to special mobile equipment). |
26 | Section 1922 (relating to implements of husbandry). |
27 | Section 1923 (relating to antique, classic and |
28 | collectible vehicles). |
29 | Section 1924 (relating to farm vehicles). |
30 | Section 1925 (relating to ambulances, taxis and hearses). |
|
1 | Section 1926(a), (b) and (c) (relating to dealers and |
2 | miscellaneous motor vehicle business). |
3 | Section 1926.1 (relating to farm equipment vehicle |
4 | dealers). |
5 | Section 1927 (relating to transfer of registration). |
6 | Section 1928 (relating to temporary and electronically |
7 | issued registration plates). |
8 | Section 1929 (relating to replacement registration |
9 | plates). |
10 | Section 1930 (relating to legislative registration |
11 | plates). |
12 | Section 1931 (relating to personal registration plates). |
13 | Section 1931.1 (relating to street rod registration |
14 | plates). |
15 | Section 1932 (relating to duplicate registration cards). |
16 | Section 1933 (relating to commercial implements of |
17 | husbandry). |
18 | Section 1951(a), (b) and (d) (relating to driver's |
19 | license and learner's permit) insofar as subsection (d) |
20 | relates to replacement for a driver's license. |
21 | Section 1957 (relating to uncollectible checks). |
22 | Section 1959 (relating to messenger service). |
23 | Section 1960 (relating to reinstatement of operating |
24 | privilege or vehicle registration). |
25 | (b) Publication.--The department shall publish notice of the |
26 | new fee under subsection (a) at least 90 days prior to the |
27 | beginning of each calendar year. |
28 | Section 9. Sections 1912, 1913, 1914, 1915, 1916(a)(1), |
29 | 1917, 1918, 1920(a) and (c), 1921, 1922, 1923, 1924, 1925, |
30 | 1926(a), (b) and (c), 1926.1, 1927, 1928, 1929, 1930, 1931, |
|
1 | 1931.1, 1932, 1933, 1951, 1957, 1959 and 1960 of Title 75 are |
2 | amended to read: |
3 | § 1912. Passenger cars. |
4 | The annual fee for registration of a passenger car shall be |
5 | [$36] $49. |
6 | § 1913. Motor homes. |
7 | The annual fee for registration of a motor home shall be |
8 | determined by its registered gross weight in pounds according to |
9 | the following table: |
10 | Registered Gross |
11 | Class | Weight in Pounds | Fee | 12 | 1 | 8,000 or less | [$45] $ 61 | 13 | 2 | 8,001 - 11,000 | [63] 86 | 14 | 3 | 11,001 or more | [81] 110 |
|
15 | § 1914. Motorcycles. |
16 | The annual fee for registration of a motorcycle other than a |
17 | motor-driven cycle shall be [$18] $25. |
18 | § 1915. Motor-driven cycles. |
19 | The annual fee for registration of a motor-driven cycle shall |
20 | be [$9] $13. |
21 | § 1916. Trucks and truck tractors. |
22 | (a) General rule.-- |
23 | (1) The annual fee for registration of a truck or truck |
24 | tractor shall be determined by its registered gross weight or |
25 | combination weight in pounds according to the following |
26 | table: |
27 28 29 | Class | Registered Gross or Combination Weight in Pounds | Fee | 30 | 1 | 5,000 or less | [$ 58.50] $ 80.00 | | 1 | 2 | 5,001 - 7,000 | [81.00] 110.00 | 2 | 3 | 7,001 - 9,000 | [153.00] 208.00 | 3 | 4A | 9,001 - 10,000 | [198.00] 269.00 | 4 | 4B | 10,001 - 11,000 | [198.00] 269.00 | 5 | 5 | 11,001 - 14,000 | [243.00] 330.00 | 6 | 6 | 14,001 - 17,000 | [288.00] 390.00 | 7 | 7 | 17,001 - 21,000 | [355.50] 482.00 | 8 | 8 | 21,001 - 26,000 | [405.00] 549.00 | 9 | 9 | 26,001 - 30,000 | [472.50] 640.00 | 10 | 10 | 30,001 - 33,000 | [567.00] 768.00 | 11 | 11 | 33,001 - 36,000 | [621.00] 841.00 | 12 | 12 | 36,001 - 40,000 | [657.00] 890.00 | 13 | 13 | 40,001 - 44,000 | [697.50] 945.00 | 14 | 14 | 44,001 - 48,000 | [751.50] 1,018.00 | 15 | 15 | 48,001 - 52,000 | [828.00] 1,122.00 | 16 | 16 | 52,001 - 56,000 | [882.00] 1,195.00 | 17 | 17 | 56,001 - 60,000 | [999.00] 1,353.00 | 18 | 18 | 60,001 - 64,000 | [1,111.50] 1,506.00 | 19 | 19 | 64,001 - 68,000 | [1,165.50] 1,579.00 | 20 | 20 | 68,001 - 73,280 | [1,251.00] 1,694.00 | 21 | 21 | 73,281 - 76,000 | [1,597.50] 2,164.00 | 22 | 22 | 76,001 - 78,000 | [1,633.50] 2,212.00 | 23 | 23 | 78,001 - 78,500 | [1,651.50] 2,237.00 | 24 | 24 | 78,501 - 79,000 | [1,669.50] 2,261.00 | 25 | 25 | 79,001 - 80,000 | [1,687.50] 2,286.00 |
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26 | * * * |
27 | § 1917. Motor buses and limousines. |
28 | The annual fee for registration of a motor bus or a limousine |
29 | shall be determined by its seating capacity according to the |
30 | following table: |
| 1 | Seating Capacity | Fee | 2 | 26 or less | [$ 9] $13 per seat | 3 4 5 | 27 - 51 | [234] 338 plus [$11.25] $16 per seat in excess of 26 | 6 | 52 or more | [540] 732 |
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7 | § 1918. School buses and school vehicles. |
8 | The annual fee for registration of a school bus or school |
9 | vehicle shall be [$24] $33. |
10 | § 1920. Trailers. |
11 | (a) General rule.--The annual fee for registration of a |
12 | trailer shall be determined by its registered gross weight |
13 | according to the following table: |
14 | Registered Gross |
15 | Weight in Pounds | Fee | 16 | 3,000 or less | [$ 6] $16 | 17 | 3,001 - 10,000 | [12] 32 | 18 | 10,001 or more | [27] 71 |
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19 | * * * |
20 | (c) Optional permanent registration.--A trailer with a |
21 | registered gross weight of 10,001 or more pounds may be |
22 | registered for a one-time fee of [$135] $350 in lieu of the |
23 | annual fee at the option of the registrant. |
24 | § 1921. Special mobile equipment. |
25 | The annual fee for registration of special mobile equipment |
26 | shall be [$36] $49. |
27 | § 1922. Implements of husbandry. |
28 | The annual fee for registration of an implement of husbandry |
29 | not exempt from registration under this title shall be [$18] |
30 | $25. |
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1 | § 1923. Antique, classic and collectible vehicles. |
2 | The fee for registration of an antique, classic or |
3 | collectible motor vehicle shall be [$75] $102. |
4 | § 1924. Farm vehicles. |
5 | (a) General rule.--The annual fee for registration of a farm |
6 | vehicle shall be [$76.50] $104 or one-third of the regular fee, |
7 | whichever is greater. |
8 | (b) Certificate of exemption.--The biennial processing fee |
9 | for a certificate of exemption issued in lieu of registration of |
10 | a farm vehicle shall be determined by the type of certificate |
11 | issued and the gross weight or combination weight or weight |
12 | rating according to the following table: |
13 | Certificate type | Weight in pounds | Fee | 14 | Type I | 17,000 or less | [$24] $33 | 15 | Type II | greater than 17,000 | [50] 68 | 16 | Type I | greater than 17,000 | [100] 136 |
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17 | § 1925. Ambulances, taxis and hearses. |
18 | The annual fee for registration of an ambulance, taxi or |
19 | hearse shall be [$54] $74. |
20 | § 1926. Dealers and miscellaneous motor vehicle business. |
21 | (a) General rule.--The annual fee for a dealer registration |
22 | plate or miscellaneous motor vehicle business plate shall be |
23 | [$36] $49. |
24 | (b) Motorcycle dealers.--The annual fee for each dealer |
25 | registration plate issued to a motorcycle dealer other than a |
26 | motor-driven cycle dealer shall be [$18] $25. |
27 | (c) Motor-driven cycle dealers.--The annual fee for each |
28 | dealer registration plate issued to a motor-driven cycle dealer |
29 | shall be [$9] $13. |
30 | * * * |
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1 | § 1926.1. Farm equipment vehicle dealers. |
2 | The annual fee for registration of a farm equipment dealer |
3 | truck or truck tractor shall be one-half of the regular fee or |
4 | [$243] $330, whichever is greater. |
5 | § 1927. Transfer of registration. |
6 | The fee for transfer of registration shall be [$6] $9. |
7 | § 1928. Temporary and electronically issued registration |
8 | plates. |
9 | The fee payable by a dealer or other dispensing agent for a |
10 | temporary registration plate or for a registration plate to be |
11 | issued for new registration processed electronically with the |
12 | department shall be [$5] $14. The charge of the agent for |
13 | providing an applicant with a plate under this section shall not |
14 | exceed a total of [$10] $28. |
15 | § 1929. Replacement registration plates. |
16 | The fee for a replacement registration plate other than a |
17 | legislative or personal plate shall be [$7.50] $11. |
18 | § 1930. Legislative registration plates. |
19 | The fee for issuance of a legislative registration plate |
20 | shall be [$20] $51 which shall be in addition to the annual |
21 | registration fee. Only one payment of the issuance fee shall be |
22 | charged for each legislative registration plate issued or |
23 | replaced. |
24 | § 1931. Personal registration plates. |
25 | The fee for issuance of a personal registration plate shall |
26 | be [$20] $51 which shall be in addition to the annual |
27 | registration fee. Only one payment of the issuance fee shall be |
28 | charged for each personal registration issued or replaced. |
29 | § 1931.1. Street rod registration plates. |
30 | The fee for the issuance of a street rod registration plate |
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1 | shall be [$20] $51 which shall be in addition to the annual |
2 | registration fee. Only one payment of the issuance fee shall be |
3 | charged for each street rod registration plate issued or |
4 | replaced. |
5 | § 1932. Duplicate registration cards. |
6 | The fee for each duplicate registration card when ordered at |
7 | the time of vehicle registration, the transfer or renewal of |
8 | registration or the replacement of a registration plate shall be |
9 | [$1.50] $3. The fee for each duplicate registration card issued |
10 | at any other time shall be [$4.50] $7. |
11 | § 1933. Commercial implements of husbandry. |
12 | The annual fee for registration of a commercial implement of |
13 | husbandry shall be [$76.50] $104 or one-half of the regular fee, |
14 | whichever is greater. |
15 | § 1951. Driver's license and learner's permit. |
16 | (a) Driver's license.--The driver's license fee for each |
17 | year or partial year shall be [$5.25] $6.25 plus the cost of the |
18 | photograph required in section 1510(a) (relating to issuance and |
19 | content of driver's license). |
20 | (b) Learner's permit.--The fee for a learner's permit shall |
21 | be [$5] $18. |
22 | (c) Identification card.--The fee for an identification card |
23 | shall be $5 plus the cost of the photograph. |
24 | (d) Replacement license or card.--The fee for a replacement |
25 | [driver's license or identification card shall be $5 plus the |
26 | cost of the photograph.] license or card shall be the cost of |
27 | the photograph plus the following: |
28 | (1) For a driver's license, $7. |
29 | (2) For an identification card, $5. |
30 | § 1957. Uncollectible checks. |
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1 | Whenever any check issued in payment of any fee or for any |
2 | other purpose is returned to the department as uncollectible, |
3 | the department or municipality shall charge a fee of [$10] $36 |
4 | for each driver's license, registration, replacement of tags, |
5 | transfer of registration, certificate of title, whether original |
6 | or duplicate, special hauling permit and each other unit of |
7 | issue by the department or municipality, plus all protest fees, |
8 | to the person presenting the check, to cover the cost of |
9 | collection. |
10 | § 1959. Messenger service. |
11 | (a) Annual registration.--The annual fee for registration of |
12 | a messenger service as provided for in Chapter 75 (relating to |
13 | messenger service) shall be [$50] $180. |
14 | (b) Additional places of business.--The annual fee for |
15 | registration of additional place of business or branch office |
16 | from which a messenger service may transact business shall be |
17 | [$25] $90. |
18 | (c) Transfer of location.--The fee for the transfer of |
19 | location of a registered place of business or branch office of a |
20 | messenger service during a period of registration shall be [$5] |
21 | $18. |
22 | § 1960. Reinstatement of operating privilege or vehicle |
23 | registration. |
24 | The department shall charge a fee of [$25] $36 or, if section |
25 | 1379 (relating to suspension of registration upon sixth unpaid |
26 | parking violation in cities of the first class) or 1786(d) |
27 | (relating to required financial responsibility) applies, a fee |
28 | of [$50] $72 to restore a person's operating privilege or the |
29 | registration of a vehicle following a suspension or revocation. |
30 | Section 10. Section 9502(a) of Title 75 is amended by adding |
|
1 | a paragraph to read: |
2 | § 9502. Imposition of tax. |
3 | (a) General rule.-- |
4 | * * * |
5 | (5) The following apply: |
6 | (i) For fiscal year 2011-2012, an additional 52 |
7 | mills is hereby imposed upon all fuels as defined and |
8 | provided in Chapter 90, and such tax shall also be |
9 | collected as provided in section 9004(b). |
10 | (ii) The Department of Revenue shall determine and |
11 | publish in the Pennsylvania Bulletin the average |
12 | wholesale price to be applied to fiscal year 2011-2012 or |
13 | portion of the fiscal year thereof. |
14 | (iii) The amount of the tax imposed under this |
15 | paragraph shall increase annually by the rate of |
16 | inflation calculated using the Consumer Price Index for |
17 | the most recent available data over a 12-month period or |
18 | by 1.5%, whichever is less, rounded up to the nearest |
19 | tenth of a mill, as determined by the Department of |
20 | Revenue, by July 1 of each year. The Department of |
21 | Revenue shall publish a notice in the Pennsylvania |
22 | Bulletin at least five weeks prior to July 1 of each year |
23 | giving notice of the revised tax. |
24 | (iv) The proceeds of the tax imposed under this |
25 | paragraph shall be appropriated to the department to be |
26 | allocated as follows: |
27 | (A) Eighty-seven percent to be used for State |
28 | roads and bridges. |
29 | (B) Eleven percent for municipal roads and |
30 | bridges distributed to municipalities pursuant to the |
|
1 | act of June 1, 1956 (1955 P.L.1944, No.655), referred |
2 | to as the Liquid Fuels Tax Municipal Allocation Law. |
3 | (C) Two percent for county roads and bridges |
4 | distributed to counties as follows: |
5 | (I) The distribution shall be in the ratio |
6 | of: |
7 | (a) the square footage of deck area of a |
8 | county's county-owned bridges; to |
9 | (b) the total square footage of deck area |
10 | of county-owned bridges throughout this |
11 | Commonwealth. |
12 | (II) The amount of square footage under |
13 | subclause (I) shall be that reported as part of |
14 | the National Bridge Inspection Standards Program. |
15 | * * * |
16 | Section 11. Repeals are as follows: |
17 | (1) The General Assembly declares that the repeal under |
18 | paragraph (2) is necessary to effectuate the addition of 74 |
19 | Pa.C.S. Ch. 91. |
20 | (2) Section 3 of the act of May 29, 1945 (P.L.1108, |
21 | No.402), referred to as the Limited Access Highway Law, is |
22 | repealed insofar as it is inconsistent with the addition of |
23 | 74 Pa.C.S. Ch. 91. |
24 | Section 12. The addition of 72 Pa.C.S. Ch. 22 shall apply to |
25 | taxable years beginning after December 31, 2011. |
26 | Section 13. The following shall apply: |
27 | (1) Except as provided in paragraph (2), the General |
28 | Assembly declares that the provisions of this act are |
29 | nonseverable and that in the event a court of competent |
30 | jurisdiction rules finally that any provision mandated in |
|
1 | this act is legally or constitutionally impermissible, this |
2 | entire act shall be void. |
3 | (2) If any of the provisions of 72 Pa.C.S. § 2206 are |
4 | held to be invalid by any court, the entire section shall be |
5 | deemed void and severable from the remaining chapter and act. |
6 | Section 14. The Pennsylvania Supreme Court shall have |
7 | exclusive jurisdiction to hear any challenge to or to render a |
8 | declaratory judgment concerning the constitutionality of this |
9 | act. The Supreme Court is authorized to take such action as it |
10 | deems appropriate, consistent with the Supreme Court retaining |
11 | jurisdiction over such a matter, to find facts or to expedite a |
12 | final judgment in connection with such a challenge or request |
13 | for declaratory relief. |
14 | Section 15. This act shall take effect as follows: |
15 | (1) The amendment or addition of 74 Pa.C.S. § 1521 and |
16 | 75 Pa.C.S. §§ 1553(c), 1617(1), (2) and (4), 1912, 1913, |
17 | 1914, 1915, 1916(a)(1), 1917, 1918, 1920(a) and (c), 1921, |
18 | 1922, 1923, 1924, 1925, 1926(a), (b) and (c), 1926.1, 1927, |
19 | 1928, 1929, 1930, 1931, 1931.1, 1932, 1933, 1951, 1957, 1959 |
20 | and 1960 shall take effect in 180 days. |
21 | (2) The addition of 75 Pa.C.S. § 9502(a)(5)(iii) shall |
22 | take effect 30 days after publication of the notice under 75 |
23 | Pa.C.S. § 9502(a)(5)(ii). |
24 | (3) The addition of 74 Pa.C.S §§ 9101, 9102, 9103, 9105, |
25 | 9106, 9107, 9108, 9109, 9110, 9111, 9112, 9113, 9114, 9115, |
26 | 9116, 9117, 9118, 9119, 9121 and 9122 shall take effect in 60 |
27 | days. |
28 | (4) The remainder of this act shall take effect |
29 | immediately. |
|