PRINTER'S NO. 2575
No. 1878 Session of 2007
INTRODUCED BY HUTCHINSON, McILHATTAN, PHILLIPS, BENNINGHOFF, EVERETT, RAPP, R. STEVENSON, BROOKS, FAIRCHILD, CAUSER, BASTIAN, BOBACK, BOYD, CLYMER, CREIGHTON, CUTLER, ELLIS, GABIG, HERSHEY, MANTZ, MARSHALL, METCALFE, MILLARD, MUSTIO, PERRY, ROAE, ROHRER, SCAVELLO, SWANGER, TRUE, TURZAI, VULAKOVICH AND HANNA, OCTOBER 3, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 3, 2007
AN ACT 1 Amending Titles 53 (Municipalities Generally), 74 2 (Transportation) and 75 (Vehicles) of the Pennsylvania 3 Consolidated Statutes, repealing provisions relating to local 4 taxation for public transportation assistance and for 5 minority and women-owned business participation; providing 6 for public transportation assistance; and repealing 7 provisions relating to sustainable mobility options; turnpike 8 and turnpike commission standards of conduct; providing for 9 Pennsylvania Turnpike; and repealing provisions relating to 10 definitions, authorizations, conversion to toll roads, 11 conversion of Interstate 80, application, lease of Interstate 12 80, payments, other interstate highways, fund distribution, 13 impact, financial plan, imposition, allocation of proceeds, 14 special revenue bonds, expenses, application of proceeds of 15 obligations, trust indenture, exemption, pledged revenues, 16 special revenue refunding bonds, remedies, Motor License Fund 17 proceeds, construction and funding. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Chapter 86 of Title 53 of the Pennsylvania 21 Consolidated Statutes, added July 18, 2007 (P.L.169, No.44), is 22 repealed: 23 [CHAPTER 86
1 TAXATION FOR PUBLIC TRANSPORTATION 2 § 8601. Scope of chapter. 3 This chapter relates to local funding for sustainable 4 mobility options. 5 § 8602. Local financial support. 6 (a) Imposition.--Notwithstanding any other provision of law, 7 a county of the second class may obtain financial support for 8 transit systems by imposing one or more of the taxes under 9 subsection (b). Money obtained from the imposition shall be 10 deposited into a restricted account of the county. 11 (b) Taxes.-- 12 (1) A county of the second class may, by ordinance, 13 impose any of the following taxes: 14 (i) A tax on the sale at retail of liquor and malt 15 and brewed beverages within the county. The ordinance 16 shall be modeled on the act of June 10, 1971 (P.L.153, 17 No.7), known as the First Class School District Liquor 18 Sales Tax Act of 1971; and the rate of tax authorized 19 under this subparagraph may not exceed the rate 20 established under that act. 21 (ii) An excise tax on each renting of a rental 22 vehicle in the county. The rate of tax authorized under 23 this subparagraph may not exceed the rate established 24 under section 2301(e) of the act of March 4, 1971 (P.L.6, 25 No.2), known as the Tax Reform Code of 1971. As used in 26 this subparagraph, the term "rental vehicle" has the 27 meaning given to it in section 1601-A of the Tax Reform 28 Code of 1971. 29 (2) (Reserved). 30 (c) Definition.--For purposes of this section, the term 20070H1878B2575 - 2 -
1 "county of the second class" shall not include a county of the 2 second class A.] 3 Section 2. Section 303 of Title 74, added July 18, 2007 4 (P.L.169, No.44), is repealed: 5 [§ 303. Minority and women-owned business participation. 6 (a) General rule.--In administering the provisions of this 7 title, the department and any local transportation organization 8 shall: 9 (1) Be responsible for ensuring that all competitive 10 contract opportunities issued by the department or local 11 transportation organization seek to maximize participation by 12 minority-owned and women-owned businesses and other 13 disadvantaged businesses. 14 (2) Give consideration, when possible and cost 15 effective, to contractors offering to utilize minority-owned 16 and women-owned businesses and disadvantaged businesses in 17 the selection and award of contracts. 18 (3) Ensure that the department's and local 19 transportation organizations's commitment to the minority- 20 owned and women-owned business program is clearly understood 21 and appropriately implemented and enforced by all department 22 and local transportation organization employees. 23 (4) Designate a responsible official to supervise the 24 department and local transportation organization minority- 25 owned and women-owned business program and ensure compliance 26 within the department or local transportation organization. 27 (5) Furnish the Department of General Services, upon 28 request, all requested information or assistance. 29 (6) Recommend sanctions to the Secretary of General 30 Services, as may be appropriate, against businesses that fail 20070H1878B2575 - 3 -
1 to comply with the policies of the Commonwealth minority- 2 owned and women-owned business program. This paragraph shall 3 not apply to a local transportation organization. 4 (b) Definitions.--As used in this section, the following 5 words and phrases shall have the meanings given to them in this 6 subsection: 7 "Disadvantaged business." A business that is owned or 8 controlled by a majority of persons, not limited to members of 9 minority groups, who are subject to racial or ethnic prejudice 10 or cultural bias. 11 "Local transportation organization." Any of the following: 12 (1) A political subdivision or a public transportation 13 authority, port authority or redevelopment authority 14 organized under the laws of this Commonwealth or pursuant to 15 an interstate compact or otherwise empowered to render, 16 contract for the rendering of or assist in the rendering of 17 transportation service in a limited area in this 18 Commonwealth, even though it may also render or assist in 19 rendering transportation service in adjacent states. 20 (2) A nonprofit association that directly or indirectly 21 provides public transportation service. 22 (3) A nonprofit association of public transportation 23 providers operating within this Commonwealth. 24 "Minority-owned business." A business owned and controlled 25 by a majority of individuals who are African Americans, Hispanic 26 Americans, Native Americans, Asian Americans, Alaskans or 27 Pacific Islanders. 28 "Women-owned business." A business owned and controlled by a 29 majority of individuals who are women.] 30 Section 3. Title 74 is amended by adding a chapter to read: 20070H1878B2575 - 4 -
1 CHAPTER 13 2 PUBLIC TRANSPORTATION ASSISTANCE 3 Sec. 4 1301. Definitions. 5 1302. Program authorizations. 6 1303. Annual appropriation and computation of subsidy. 7 1304. Grant proposals. 8 1305. Rules and regulations. 9 1306. Cooperation with other governments and private 10 interests. 11 1307. General authority of department. 12 1308. Grants by counties or municipalities. 13 1309. Limitation on decisions, findings and regulations of 14 department. 15 1310. Distribution of funding. 16 1310.1. Supplemental public transportation assistance funding. 17 1311. Use of funds distributed. 18 1312. Community transportation programs. 19 1313. Additional programs. 20 1315. Public transportation grants management accountability. 21 § 1301. Definitions. 22 The following words and phrases when used in this chapter 23 shall have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 "Asset maintenance costs." All vehicle maintenance expenses, 26 nonvehicle maintenance expenses and materials and supplies used 27 in the operation of local transportation organizations and 28 transportation companies. 29 "Average fare." Total passenger revenue divided by the total 30 number of fare-paying passengers. With regard to the calculation 20070H1878B2575 - 5 -
1 of average fare or base fare for the reimbursement of losses 2 resulting from free service to senior citizens authorized by 3 this part, the Department of Transportation shall not 4 differentiate between bus services provided within an operating 5 unit or division of any transit agency for any reason. Services 6 funded under either the State urban or rural operating 7 assistance programs will be considered separate operating units. 8 "Bus." A motor vehicle designed for carrying 15 or more 9 passengers, exclusive of the driver, and used for the 10 transportation of persons, and a motor vehicle, other than a 11 taxicab, designed and used for the transportation of persons for 12 compensation. 13 "Capital project." Any system of public passenger or public 14 passenger and rail transportation, including, but not limited 15 to, any railway, street railway, subway, elevated and monorail 16 passenger or passenger and rail rolling stock, including self- 17 propelled and gallery cars, locomotives, passenger buses and 18 wires, poles and equipment for the electrification of any of the 19 foregoing, rails, tracks, roadbeds, guideways, elevated 20 structures, buildings, stations, terminals, docks, shelters, 21 airports and parking areas for use in connection with public 22 passenger or public passenger and rail transportation systems, 23 interconnecting lines and tunnels to provide passenger or 24 passenger and rail service connections between transportation 25 systems, transportation routes, corridors, and rights-of-way for 26 any thereof (but not for public highways), signal and 27 communication systems necessary or desirable for the 28 construction, operation or improvement of the public passenger 29 or passenger and rail transportation system involved, or any 30 improvement of or overhaul of any vehicle, equipment or 20070H1878B2575 - 6 -
1 furnishings for any of the foregoing or any part, or fractional 2 and undivided co-ownership or leasehold interest in any one or 3 combination of any of the foregoing, that may be designated as a 4 capital project by the secretary. 5 "Class 1 transit entity." A local transportation 6 organization or transportation company operating 1,000 or more 7 transit vehicles in the peak period. 8 "Class 2 transit entity." A local transportation 9 organization or transportation company operating more than 300 10 but less than 1,000 transit vehicles in the peak period. 11 "Class 3 transit entity." A local transportation 12 organization or transportation company operating 300 or less 13 fixed-route transit vehicles in the peak period serving an 14 urbanized area. 15 "Class 4 transit entity." Any local transportation 16 organization or transportation company which serves a 17 nonurbanized area and, during the 1990-1991 fiscal year, 18 received or was approved to receive funding under the act of 19 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania 20 Rural and Intercity Common Carrier Surface Transportation 21 Assistance Act. 22 "Class 4 transit entity adjusted base grant." The State 23 subsidy for operating expenses a Class 4 transit entity received 24 during the 1990-1991 fiscal year, including any funds 25 appropriated under the act of February 11, 1976 (P.L.14, No.10), 26 known as the Pennsylvania Rural and Intercity Common Carrier 27 Surface Transportation Assistance Act; adjusted for factors 28 which, in the judgment of the Department of Transportation, 29 caused significant increases or decreases in the amount of State 30 subsidy to a Class 4 transit entity during the 1990-1991 fiscal 20070H1878B2575 - 7 -
1 year; and further adjusted, with respect to any Class 4 transit 2 entity which received a State subsidy for less than the entire 3 1990-1991 fiscal year, to reflect the annual subsidy that Class 4 4 transit entity would have received during that fiscal year if 5 it had received a State subsidy for that entire fiscal year. 6 "Community transportation programs." Programs eligible to be 7 funded pursuant to section 1312 (relating to community 8 transportation programs). 9 "Construction." The term includes acquisition as well as 10 construction. 11 "Counties." The term includes any county. 12 "County transportation system." Buses, vans or other transit 13 vehicles purchased, maintained and operated by any county and 14 used to provide free or reduced rate transportation within the 15 county to persons 65 years of age or older. 16 "Department." The Department of Transportation of the 17 Commonwealth. 18 "Equipment" and "furnishings." Any equipment and furnishings 19 whatsoever as may be deemed desirable and required for a capital 20 project and approved by the Department of Transportation for the 21 use and occupancy of that capital project. The terms include the 22 installation of such equipment and furnishings. 23 "Federal agency." The United States of America, the 24 President of the United States of America and any department of, 25 or corporation, agency or instrumentality heretofore or 26 hereafter created, designated or established by, the United 27 States of America. 28 "Fixed-route public transportation services." Regularly 29 scheduled transportation that is available to the general public 30 and is provided according to published schedules along 20070H1878B2575 - 8 -
1 designated published routes with specified stopping points for 2 the taking on and discharging of passengers, including public 3 bus and commuter rail systems. The term does not include 4 exclusive ride taxi service, charter or sightseeing services, 5 nonpublic transportation or school bus or limousine services. 6 "Fund." The Public Transportation Assistance Fund. 7 "Improvement." Any extension, enlargement, equipping, 8 furnishing, as well as any improvement. 9 "Local transportation organization." Any political 10 subdivision or any mass transportation, port, redevelopment or 11 airport authority now or hereafter organized under the Laws of 12 Pennsylvania or pursuant to an interstate compact or otherwise 13 empowered to render, contract for the rendering or assist in the 14 rendering of transportation service in a limited area in the 15 Commonwealth of Pennsylvania, even though it may also render or 16 assist in rendering transportation service in adjacent states, 17 or any nonprofit association of public transportation providers 18 within this Commonwealth. 19 "Materials and supplies." Those categories of expenses 20 contained in object class code 504 as specified in the National 21 Urban Mass Transportation Statistics, 1989 Section 15 Annual 22 Report, Report No. UMTA-IT-06-0352-90-1. 23 "Municipality." Includes any city, borough, incorporated 24 town or township. 25 "Nonurbanized area." Any area in this Commonwealth which 26 does not fall within an area classified as "urbanized" by the 27 United States Bureau of the Census of the United States 28 Department of Commerce in the 1990 Census of Population or any 29 area in this Commonwealth not classified as "urbanized" in any 30 future decennial census of the United States. 20070H1878B2575 - 9 -
1 "Nonvehicle maintenance expenses." The categories of costs 2 associated with the inspection, maintenance and repair of assets 3 other than vehicles, as specified in the National Urban Mass 4 Transportation Statistics, 1989 Section 15 Annual Report, Report 5 No. UMTA-IT-06-0352-90-1. 6 "Pennsylvania Mass Transit Statistical Report." The summary 7 of selected financial and operating data concerning local 8 transportation organizations and transportation companies for 9 services in urbanized areas published annually by the Department 10 of Transportation since the 1973-1974 fiscal year. The 11 department shall publish the Pennsylvania Mass Transit 12 Statistical Report on an annual basis, which report shall 13 contain statistics with respect to the prior fiscal year, 14 including those statistics needed for the department to make the 15 calculations required pursuant to sections 1303 (relating to 16 annual appropriation and computation of subsidy) and 1310 17 (relating to distribution of funding), and such other material 18 as the department shall determine. 19 "Pennsylvania Rural and Small Urban Public Transportation 20 Program Statistical Report." The summary of selected financial 21 and operating data concerning rural and small urban local 22 transportation organizations and transportation companies for 23 services in nonurbanized areas published by the Department of 24 Transportation. The department shall publish the Pennsylvania 25 Rural and Small Urban Public Transportation Program Statistical 26 Report on an annual basis, which report shall contain statistics 27 with respect to the prior fiscal year, including those 28 statistics needed for the department to make the calculations 29 required pursuant to sections 1303 (relating to annual 30 appropriation and computation of subsidy) and 1310 (relating to 20070H1878B2575 - 10 -
1 distribution of funding), and such other material as the 2 department shall determine. 3 "Person." The term includes natural persons, firms, 4 associations, corporations, business trusts, partnerships and 5 public bodies, including local transportation organizations. 6 "Planning, development, research, rural expansion and 7 department-initiated programs." Any program eligible to be 8 funded pursuant to section 1313 (relating to additional 9 programs). 10 "Project grant." The Commonwealth's share of the cost of 11 carrying out the particular project, which cost may include 12 costs incurred prior to the effective date of this part and 13 which cost shall include an appropriate allowance for the 14 administrative expenses involved in carrying out the project. 15 "Property." All property, real, personal or mixed, tangible 16 or intangible, or any interest therein, including fractional and 17 undivided co-ownership interests. 18 "Public highway." Every way or place, of whatever nature, 19 open to the use of the public as a matter of right for purposes 20 of vehicular travel. Solely for the purpose of administering 21 this part, the term shall not be deemed to include a bridge 22 located wholly within this Commonwealth which is open to the use 23 of the public for the purpose of vehicular traffic but which on 24 March 15, 1964, was owned and maintained by a mass 25 transportation or port authority and which comprises a part of 26 the transportation system of the mass transportation or port 27 authority. 28 "Revenue hours." The total amount of time, calculated in 29 hours, during which vehicles of a Class 4 transit entity are in 30 service and available for public use as reported with respect to 20070H1878B2575 - 11 -
1 the most recent fiscal year in the most recently issued 2 Pennsylvania Rural and Small Urban Public Transportation 3 Statistical Report. 4 "Revenue miles." The total number of in-service miles 5 traveled by vehicles of a Class 4 transit entity as reported 6 with respect to the most recent fiscal year in the most recently 7 issued Pennsylvania Rural and Small Urban Public Transportation 8 Statistical Report. 9 "Secretary." The Secretary of Transportation of the 10 Commonwealth. 11 "Shared-ride public transportation services." Demand- 12 responsive transportation that is available to the general 13 public, operates on a nonfixed route basis and charges a fare to 14 all riders. For transportation to be included in this definition 15 the first fare-paying passengers to enter the public 16 transportation vehicle must not refuse to share the vehicle with 17 other passengers during a given trip. Services excluded under 18 this definition are: exclusive ride taxi service; charter and 19 sightseeing services; nonpublic transportation; school bus or 20 limousine services. 21 "Transit vehicle." A self-propelled or electrically 22 propelled vehicle designed for carrying 15 or more passengers, 23 exclusive of the driver, other than a taxicab, designed and used 24 for the transportation of persons for compensation, including, 25 but not limited to, subway cars, trolleys, trackless trolleys 26 and railroad passenger cars. 27 "Transportation company." Any person, firm or corporation 28 rendering public passenger or public passenger and rail 29 transportation service, with or without the rendering of other 30 service, in this Commonwealth pursuant to common carrier 20070H1878B2575 - 12 -
1 authorization from the Pennsylvania Public Utility Commission or 2 the Interstate Commerce Commission. 3 "Urban common carrier mass transportation." Transportation 4 within an area that includes a municipality or other built-up 5 place which is appropriate, in the judgment of the Department of 6 Transportation, for a common carrier transportation system to 7 serve commuters or others in the locality, taking into 8 consideration the local patterns and trends of urban growth, by 9 bus or rail or other conveyance, either publicly or privately 10 owned, serving the general public. The term does not include 11 school buses or charter or sightseeing service. 12 "Urban Mass Transportation Act of 1964." Public Law 88-365, 13 49 U.S.C. § 1601 et seq. 14 "Urbanized area." A portion of this Commonwealth classified 15 as "urbanized" by the United States Bureau of the Census of the 16 United States Department of Commerce in the 1990 Census of 17 Population or any area in this Commonwealth classified as 18 "urbanized" in any future decennial census of the United States. 19 "Vehicle hours." The total amount of time, calculated in 20 hours, during which vehicles of a local transportation 21 organization or transportation company are in service and 22 available for public use, listed with respect to the most recent 23 fiscal year reported in the most recently issued Pennsylvania 24 Mass Transit Statistical Report. 25 "Vehicle maintenance expenses." The categories of costs 26 associated with the inspection, maintenance and repair of 27 vehicles as specified in the National Urban Mass Transportation 28 Statistics, 1989 Section 15 Annual Report, Report No. UMTA-IT- 29 06-0352-90-1. 30 "Vehicle miles." The total distance, calculated in miles, 20070H1878B2575 - 13 -
1 which is funded in whole or in part by this part, traveled by 2 vehicles of a local transportation organization or 3 transportation company listed with respect to the most recent 4 fiscal year reported in the most recently issued Pennsylvania 5 Mass Transit Statistical Report. 6 § 1302. Program authorizations. 7 The department is hereby authorized, within the limitations 8 hereinafter provided, and is required where the provisions of 9 section 1303 (relating to annual appropriation and computation 10 of subsidy) apply: 11 (1) To undertake and to provide financial support for 12 research, by contract or otherwise, concerning urban common 13 carrier mass transportation. 14 (2) To make grants to municipalities, counties, or their 15 instrumentalities, and to agencies and instrumentalities of 16 the Commonwealth to supplement Federal or local or Federal 17 and local funds for use: 18 (i) For the purpose of studies, analysis, planning 19 and development of programs for urban common carrier mass 20 transportation service and facilities, and for the 21 purpose of activities related to the planning, 22 engineering and designing of specific projects which are 23 a part of a comprehensive program, including, but not 24 limited to, activities such as studies related to 25 management, operations, capital requirements and economic 26 feasibility, to the preparation of engineering and 27 architectural surveys, plans and specifications and to 28 other similar or related activities preliminary to and in 29 preparation for the construction, acquisition or improved 30 operation of urban common carrier mass transportation 20070H1878B2575 - 14 -
1 systems, facilities and equipment. State funding under 2 this subparagraph shall not exceed five-sixths of the 3 non-Federal share of the project costs. 4 (ii) To provide for research, development and 5 demonstration projects in all phases of urban common 6 carrier mass transportation, including the development, 7 testing and demonstration of new facilities, equipment, 8 techniques and methods, to assist in the solution of 9 urban transportation problems, in the improvement of mass 10 transportation service and the contribution of such 11 service toward meeting total urban transportation needs 12 at minimum cost. State funding under this subparagraph 13 shall not exceed five-sixths of the non-Federal share of 14 the project costs. 15 (iii) To assist in providing grants to continue 16 necessary service to the public, to permit needed 17 improvements in service which are not self-supporting, to 18 permit service which may be socially desirable but 19 economically unjustified, and otherwise for any purpose 20 in furtherance of urban common carrier mass 21 transportation. The methodology for calculating the 22 amount of the grant under this subparagraph shall be 23 determined in accordance with section 1303. Each grant to 24 a Class 1 transit entity, to a Class 2 transit entity or 25 to a Class 3 transit entity made pursuant to this 26 paragraph shall be matched by local or private funding in 27 an amount not less than one-third of the total State 28 grant made pursuant to section 1303(b). Any grants to 29 Class 3 transit entities may, however, be matched by an 30 amount not less than the amount of local or private 20070H1878B2575 - 15 -
1 funding which is specified in the State contract for the 2 1990-1991 fiscal year if the department shall have 3 received a certification from such Class 3 transit entity 4 that such lower level of local or private funding is 5 adequate to prevent significant service reductions or 6 passenger fare increases. 7 (3) To make grants to any transportation company or 8 companies for use in providing necessary service to the 9 public, to permit needed improvements in services which are 10 not self-supporting, to permit services which may be socially 11 desirable but economically unjustified, and otherwise for any 12 purpose in furtherance of urban common carrier mass 13 transportation. In view of the particular sensitivity of 14 special instrumentalities and agencies of the Commonwealth 15 created to serve or coordinate the local transportation needs 16 of substantial metropolitan areas, no grant moneys may be 17 used exclusively or principally in the local service area of 18 any such agency or instrumentality in which a city or county 19 of the first or second class has membership, except in 20 accordance with a system of priorities agreed upon by the 21 department and such agency or instrumentality. In the case of 22 a grant where the moneys granted will be used for an activity 23 to be conducted exclusively or principally within the local 24 service areas of such agency or instrumentality, no grant 25 moneys may be used except in accordance with agreements by 26 the department and such agency or instrumentality with 27 respect to such use. In the case of a grant not falling 28 within the scope of the preceding sentence but where moneys 29 granted will be used both within and without the local 30 service area of such agency or instrumentality, the grant 20070H1878B2575 - 16 -
1 shall require that the routes, schedules and fares applicable 2 only within such service areas shall be those mutually agreed 3 upon by the department and such agency or instrumentality. No 4 agreement referred to in this paragraph shall impair, 5 suspend, reduce, enlarge or extend or affect in any manner 6 the powers of the Pennsylvania Public Utility Commission or 7 the Interstate Commerce Commission otherwise applicable by 8 law. Each grant to a Class 1 transit entity, to a Class 2 9 transit entity or to a Class 3 transit entity made pursuant 10 to this paragraph shall be matched by local or private 11 funding in an amount not less than one-third of the total 12 State grant made pursuant to section 1303(b). Any grants to 13 Class 3 transit entities may, however, be matched by an 14 amount not less than the amount of local or private funding 15 which is specified in the State contract for the 1990-1991 16 fiscal year if the department shall have received a 17 certification from such Class 3 transit entity that such 18 lower level of local or private funding is adequate to 19 prevent significant service reductions and/or passenger fare 20 increases. 21 (4) In connection with privately or locally assisted 22 capital projects or capital projects financed with private or 23 local and Federal funds, to make grants for approved capital 24 projects to a local transportation organization or a 25 transportation company, including the acquisition, 26 construction, reconstruction and improvement of facilities 27 and equipment, buses and other rolling stock, and other real 28 or personal property, including land (but not public 29 highways), needed for an efficient and coordinated mass 30 transportation system for use, by operation, lease or 20070H1878B2575 - 17 -
1 otherwise, in urban common carrier mass transportation 2 service and in coordinating such service with highway and 3 other transportation. No capital project grant shall be made 4 for the purpose of financing, directly or indirectly, the 5 acquisition of any interest in, or the purchase of any 6 facilities or other property of, a private urban common 7 carrier mass transportation company. Each capital project 8 shall be based on a program or plan approved by the 9 department. No capital project grant shall exceed five-sixths 10 of the non-Federal share, subject, however, to the following 11 specific exceptions: 12 (i) If two or more capital projects are combined for 13 financing purposes, the amount of department funds used 14 for any one of such projects may exceed five-sixths of 15 the non-Federal share, provided that the total amount of 16 department funds provided for all the projects so 17 combined does not exceed five-sixths of the total non- 18 Federal share of all of the projects so combined. 19 (ii) If a capital project is eligible to receive 20 Federal financial assistance under the Urban Mass 21 Transportation Act of 1964 and if the project application 22 for such Federal financial assistance has been rejected 23 or delayed because of a lack of Federal funds or if the 24 normal amount of Federal grant cannot be provided because 25 of a lack of Federal funds and if the department has 26 determined that the capital project is essential and 27 should proceed without delay, department funds for such 28 capital project may be increased temporarily to finance 29 the entire net project cost, with the requirement that, 30 upon the availability of additional Federal funds and the 20070H1878B2575 - 18 -
1 making to the capital project of a new or an additional 2 Federal grant, the amount of department funds in excess 3 of five-sixths of the non-Federal share be refunded to 4 the department or be applied as the department may direct 5 to help meet the department's share of the cost of 6 another project in which the department is a participant. 7 (iii) If a project is ineligible to receive Federal 8 financial assistance under the Urban Mass Transportation 9 Act of 1964 and if the department has determined that the 10 project is essential and should proceed without delay, 11 the amount of department funds for such project shall be 12 limited to an amount not to exceed one-half of the net 13 project cost. 14 (5) To make grants from the State Lottery Fund in 15 accordance with Chapter 7 of the act of August 14, 1991 16 (P.L.342, No.36), known as the Lottery Fund Preservation Act. 17 (6) To participate in a pooled bus acquisition program 18 with transportation companies or local transportation 19 organizations and the Federal Government for the purpose of 20 making buses available to transportation companies or local 21 transportation organizations for use in urban common carrier 22 mass transportation service, in accordance with the following 23 procedures: 24 (i) The department may apply to the Urban Mass 25 Transportation Administration of the United States 26 Department of Transportation for the Federal share of any 27 pooled-bus acquisition project. 28 (ii) The department may, with the assistance of the 29 Department of General Services or a special group 30 comprised of representatives of the transportation 20070H1878B2575 - 19 -
1 companies or local transportation organizations within 2 the Commonwealth, write specifications for and order 3 buses on behalf of any number of transportation companies 4 or local transportation organizations desiring bus 5 acquisition under this program. 6 (iii) Before any order for buses is placed by the 7 department with a manufacturer, the department shall 8 secure written assurance from the Federal Government of 9 the availability of Federal financial assistance for such 10 bus acquisitions. The department shall also secure 11 written obligations by the transportation companies or 12 local transportation organizations participating in such 13 bus acquisitions that they will accept delivery of such 14 buses at the appropriate time and will supply local 15 funding in accordance with subparagraph (iv). 16 (iv) Funding for this program shall be: four-fifths 17 Federal, one-sixth State and one-thirtieth from local 18 sources; however, the local share of program costs may be 19 advanced to the manufacturer by the Commonwealth at the 20 time of purchase. Repayments to the Commonwealth of such 21 advancements shall be considered as augmentations to the 22 fund from which the funds were advanced. No part of the 23 Federal share shall be advanced by the Commonwealth in 24 anticipation of reimbursement. 25 (v) The Commonwealth may take title to and delivery 26 of vehicles acquired pursuant to this program for 27 eventual transfer to transportation companies or local 28 transportation organizations. 29 (vi) All bus acquisitions under this program shall 30 be made in accordance with a system of competitive 20070H1878B2575 - 20 -
1 bidding. 2 (vii) At its discretion, the department may organize 3 and fund, with Commonwealth funds, postacquisition 4 studies reasonably related to any pooled-bus acquisition 5 made pursuant to this section, including, but not limited 6 to, a vehicle inspection study at an appropriate interval 7 or intervals following acquisition in order to monitor 8 the condition of any vehicle purchased pursuant to this 9 section. 10 § 1303. Annual appropriation and computation of subsidy. 11 (a) General rule.--Beginning with the 1991-1992 fiscal year, 12 the Commonwealth shall annually determine the level of 13 appropriation for public transportation assistance, using the 14 standards contained in this section, to sufficiently fund and to 15 make fully operative section 1302(2)(iii) and (3) (relating to 16 program authorizations). 17 (b) Distribution as grants.--The General Assembly shall 18 annually make an appropriation to the department for 19 distribution as grants to local transportation organizations and 20 transportation companies. The total amount of moneys 21 appropriated shall be distributed by the department as grants to 22 local transportation organizations and transportation companies 23 in accordance with the provisions of this section. 24 (c) Distribution formula.--The department shall distribute 25 the total amount appropriated under subsection (b) in the 26 following manner: 27 (1) The department shall calculate the Class 4 transit 28 entity share for the fiscal year. 29 (2) The department shall then calculate the amount of 30 grant due to each Class 4 transit entity as follows: 20070H1878B2575 - 21 -
1 (i) From the Class 4 transit entity share, each 2 Class 4 transit entity shall first receive an amount 3 equal to 100% of its Class 4 transit entity adjusted base 4 grant. 5 (ii) With respect to any portion of the Class 4 6 transit entity share remaining after each Class 4 transit 7 entity receives an amount equal to 100% of its Class 4 8 transit entity adjusted base grant: 9 (A) Fifty percent of such excess shall be 10 distributed to Class 4 transit entities based upon 11 the percentage of the total amount of all Class 4 12 transit entity adjusted base grants given to Class 4 13 transit entities which a particular Class 4 transit 14 entity received. 15 (B) Twenty-five percent of such excess shall be 16 distributed to Class 4 transit entities based upon 17 each transit entity's Class 4 revenue mile 18 percentage. The actual amount received by each Class 19 4 transit entity under this clause shall be 20 determined by multiplying a particular Class 4 21 transit entity's Class 4 revenue mile percentage 22 times 25% of such excess of the Class 4 transit 23 entity share. 24 (C) Twenty-five percent of such excess shall be 25 distributed to Class 4 transit entities based upon 26 each transit entity's Class 4 revenue hour 27 percentage. The actual amount received by each Class 28 4 transit entity under this clause shall be 29 determined by multiplying a particular Class 4 30 transit entity's Class 4 revenue hour percentage 20070H1878B2575 - 22 -
1 times 25% of such excess of the Class 4 transit 2 entity share. 3 (3) All Class 4 transit entities may utilize all of the 4 funds received pursuant to this section for any purpose in 5 furtherance of public transportation. Each grant made to a 6 Class 4 transit entity pursuant to this section shall, 7 however, be matched by local or private funding in an amount 8 not less than one-third of the total State grant made 9 pursuant to subsection (c). Additionally, any grants to Class 10 4 transit entities may be matched by an amount not less than 11 the amount of local or private funding which is specified in 12 the State contract for the 1990-1991 fiscal year if the 13 department shall have received a certification from such 14 Class 4 transit entity that such lower level of local or 15 private funding is adequate to prevent significant service 16 reductions or passenger fare increases. 17 (4) The department shall calculate the Class 1 transit 18 entity share, the Class 2 transit entity share and the Class 19 3 transit entity share for the fiscal year. 20 (5) The department shall then calculate the amount of 21 grant due to each local transportation organization and 22 transportation company as follows: 23 (i) Each Class 1 transit entity shall receive a 24 prorata share of the Class 1 transit entity share. If 25 there is only one Class 1 transit entity, it shall 26 receive the entire Class 1 transit entity share. 27 (ii) Each Class 2 transit entity shall receive a 28 prorata share of the Class 2 transit entity share. If 29 there is only one Class 2 transit entity, it shall 30 receive the entire Class 2 transit entity share. 20070H1878B2575 - 23 -
1 (iii) Each Class 3 transit entity shall receive a 2 portion of the Class 3 transit entity share calculated as 3 follows: 4 (A) From the Class 3 transit entity share, each 5 Class 3 transit entity shall first receive an amount 6 equal to 100% of its Class 3 transit entity adjusted 7 base grant. 8 (B) With respect to any portion of the Class 3 9 transit entity share remaining after each Class 3 10 transit entity receives an amount equal to 100% of 11 its Class 3 transit entity adjusted base grant: 12 (I) Fifty percent of such excess shall be 13 distributed to Class 3 transit entities based 14 upon the percentage of all Class 3 transit entity 15 adjusted base grants given to Class 3 transit 16 entities which a particular Class 3 transit 17 entity received. 18 (II) Twenty-five percent of such excess 19 shall be distributed to Class 3 transit entities 20 based upon each transit entity's Class 3 vehicle 21 mile percentage. The actual amount received by 22 each Class 3 transit entity under this subclause 23 shall be determined by multiplying a particular 24 Class 3 transit entity's Class 3 vehicle mile 25 percentage times 25% of such excess of the Class 26 3 transit entity share. 27 (III) Twenty-five percent of such excess 28 shall be distributed to Class 3 transit entities 29 based upon each Class 3 transit entity's Class 3 30 operating revenue percentage. The actual amount 20070H1878B2575 - 24 -
1 received by each Class 3 transit entity under 2 this subclause shall be determined by multiplying 3 a particular Class 3 transit entity's Class 3 4 operating revenue percentage times 25% of such 5 excess of the Class 3 transit entity share. 6 (6) On or about each July 1, October 1, January 1 and 7 April 1 of each year commencing July 1, 1987, the department 8 shall disburse 25% of the total annual amount due to each 9 local transportation organization or transportation company 10 calculated in accordance with this section. 11 (d) New organizations.--Should a new local transportation 12 organization or transportation company be established and meet 13 the criteria of a Class 1 transit entity, Class 2 transit 14 entity, Class 3 transit entity or Class 4 transit entity as such 15 criteria are set forth in section 1301 (relating to 16 definitions), the department shall make an appropriate 17 determination as to the level of grant to which such local 18 transportation organization or transportation company shall be 19 entitled. This determination shall include, but shall not be 20 limited to, a determination as to an appropriate adjusted base 21 grant for that local transportation organization or 22 transportation company and a determination of appropriate 23 adjustments to class percentages or transit entity shares. 24 (e) Change to different entity class.--If, during any fiscal 25 year, either the number of vehicles operated by a local 26 transportation organization or transportation company or the 27 area served by such a local transportation organization or 28 transportation company changes so that the local transportation 29 organization or transportation company meets the criteria for a 30 different transit entity class, as such criteria are set forth 20070H1878B2575 - 25 -
1 in section 1301, on or before July 15 of the fiscal year which 2 follows such a change and in each fiscal year thereafter, the 3 department shall reflect any change in the transit entity class 4 of such a local transportation organization or transportation 5 company in its calculation of the transit entity shares for each 6 transit entity class for that and subsequent fiscal years. In 7 its calculation of the transit entity shares for each transit 8 entity class required by this section, for the fiscal year 9 following the change in a local transportation organization or 10 transportation company's transit entity class and thereafter, 11 the department shall include the amount of the transit entity 12 share allocated to such a local transportation organization or 13 transportation company for the fiscal year prior to the change 14 in the transit entity class, in the transit entity share for the 15 new transit entity class of such a local transportation 16 organization or transportation company, and shall delete an 17 equal amount from the transit entity share for the transit 18 entity class for which such a local transportation organization 19 or transportation company no longer meets the criteria in the 20 new fiscal year or thereafter. 21 (f) Rates, fares and charges.-- 22 (1) Each local transportation organization or 23 transportation company receiving moneys pursuant to this 24 section shall annually fix such rates, fares and charges in 25 such manner that they shall be at all times sufficient in the 26 aggregate, and in conjunction with any moneys received from 27 Federal or other sources, and any other income available to 28 such organization or company, to provide funds for the 29 payment of all operating costs and expenses which shall be 30 incurred by such organization or company. 20070H1878B2575 - 26 -
1 (2) In order to be eligible for the moneys described in 2 paragraph (1), each local transportation organization or 3 transportation company shall adopt an annual operating budget 4 for each fiscal year no later than the last day of the 5 preceding fiscal year. A copy of this operating budget shall 6 be submitted to the department within ten days after its 7 approval, along with a certification by the local 8 transportation organization or transportation company that 9 adequate revenues (including subsidies) are provided to 10 support operating costs and expenses. 11 (g) Standards and measures.-- 12 (1) Within one year after the effective date of this 13 part and every year thereafter, each local transportation 14 organization or transportation company receiving moneys 15 pursuant to this section shall adopt a series of service 16 standards and performance evaluation measures. Such standards 17 and measures shall be in addition to the performance audits 18 required by section 1315 (relating to public transportation 19 grants management accountability) and shall consist of 20 objectives and specific numeric performance levels to be 21 achieved in meeting these standards and objectives. Those 22 standards and measures adopted shall include the following, 23 in addition to others deemed appropriate by the local 24 transportation organization or transportation company: 25 (i) An automatic mechanism to review the utilization 26 of routes. 27 (ii) Staffing ratios (ratio of administrative 28 employees to operating employees; number of vehicles per 29 mechanic). 30 (iii) Productivity measures (vehicle miles per 20070H1878B2575 - 27 -
1 employee; passenger and employee accidents per 100,000 2 vehicle miles; on-time performance; miles between road 3 calls). 4 (iv) Fiscal indicators (operating cost per 5 passenger; subsidy per passenger and operating ratio). 6 (iv.1) Reasonable minimum prequalification standards 7 for prospective transit service subcontractors. 8 (v) Any other matter desired by the governing body 9 of such local transportation organization or 10 transportation company. 11 (2) The service standards and performance evaluation 12 measures shall be established by formal action of the 13 governing body of such local transportation organization or 14 transportation company following an opportunity for comment 15 by the public and the department. Upon submission, the 16 department will review and may make recommendations to the 17 local transportation organization or transportation company 18 concerning the service standards and performance evaluation 19 measures. 20 (3) In the discretion of such governing body, the 21 service standards and performance evaluation measures may be 22 systemwide or based on a sampling. 23 (4) The service standards and performance evaluation 24 measures shall only constitute goals for such local 25 transportation organization or transportation company in 26 providing service in the year following their adoption. At 27 the end of such year, fiscal or calendar, as the case may be, 28 a report shall be transmitted to the department for its 29 consideration indicating the projected performance levels and 30 the performance levels actually achieved. Upon submission, 20070H1878B2575 - 28 -
1 the department will review the report and may make 2 recommendations to such local transportation organization or 3 transportation company concerning the performance levels 4 actually achieved. Such report shall be released to the 5 public at the time of issuance. 6 (5) The department may suspend the eligibility for 7 future discretionary transit grant funds of any transit 8 entity which fails to comply with the provisions of this 9 section. The department shall restore the discretionary 10 funding eligibility of a suspended transit entity at such 11 time as the requirements of this section are met in an 12 amended application received by the department. 13 (h) Reduction of certain grants.--With respect to grants to 14 Class 1 transit entities and Class 2 transit entities in any 15 fiscal year, the department shall reduce the grant amount due to 16 such local transportation organization or transportation company 17 by an amount equal to 1% of such grant moneys otherwise due to 18 such local transportation organization or transportation company 19 for each percentage point such local transportation 20 organization's or transportation company's operating ratio is 21 less than 50% in the case of a Class 1 transit entity or less 22 than 46% in the case of a Class 2 transit entity. 23 (i) Audits.--The department is authorized to perform 24 independent financial audits of the financial statements of each 25 local transportation organization or transportation company 26 receiving moneys pursuant to this section. Such audits shall be 27 conducted in accordance with generally accepted auditing 28 standards. Any financial statements subject to such audit or 29 reports resulting from such audit shall be prepared and 30 presented in accordance with generally accepted accounting 20070H1878B2575 - 29 -
1 principles, consistently applied with previous statements 2 rendered for or on behalf of such organization or company. The 3 department may coordinate such audits in conjunction with audits 4 undertaken by the Auditor General. 5 (j) Definitions.--As used in this section, the following 6 words and phrases shall have the meanings given to them in this 7 subsection: 8 "Class 1 percentage." Seventy percent. 9 "Class 2 percentage." Twenty-five and three-tenths percent. 10 "Class 3 percentage." Four and seven-tenths percent. 11 "Class 1 to 3 allocation." The total amount appropriated 12 under subsection (b) less the Class 4 transit entity share. 13 "Class 1 transit entity share." The product of the Class 1 14 percentage times the Class 1 to 3 allocation in a particular 15 fiscal year. 16 "Class 2 transit entity share." The product of the Class 2 17 percentage times the Class 1 to 3 allocation in a particular 18 fiscal year. 19 "Class 3 transit entity adjusted base grant." The State 20 subsidy which a Class 3 transit entity received during the 1990- 21 1991 fiscal year, including Federal funds transferred from other 22 local transportation organizations and transportation companies 23 from the Federal fiscal year 1989-1990 pursuant to the 24 Governor's apportionment allocation contained in the Urban Mass 25 Transportation Act of 1964. 26 "Class 3 transit entity share." The product of the Class 3 27 percentage times the Class 1 to 3 allocation in a particular 28 fiscal year. 29 "Class 3 vehicle mile percentage." The percentage determined 30 by dividing the vehicle miles of a Class 3 transit entity with 20070H1878B2575 - 30 -
1 respect to the most recent fiscal year as reported in the most 2 recently issued Pennsylvania Mass Transit Statistical Report by 3 the total number of vehicle miles of all Class 3 transit 4 entities with respect to the most recent fiscal year as reported 5 in the most recently issued Pennsylvania Mass Transit 6 Statistical Report. 7 "Class 4 revenue hour percentage." The percentage determined 8 by dividing the revenue hours of a Class 4 transit entity as 9 reported with respect to the most recent fiscal year in the most 10 recently issued Pennsylvania Rural and Small Urban Public 11 Transportation Statistical Report by the total number of revenue 12 hours of all Class 4 transit entities as reported with respect 13 to the most recent fiscal year reported in the most recently 14 issued Pennsylvania Rural and Small Urban Public Transportation 15 Statistical Report. 16 "Class 4 revenue mile percentage." The percentage determined 17 by dividing the revenue miles of a Class 4 transit entity as 18 reported with respect to the most recent fiscal year in the most 19 recently issued Pennsylvania Rural and Small Urban Public 20 Transportation Statistical Report by the total revenue miles of 21 all Class 4 transit entities as reported with respect to the 22 most recent fiscal year reported in the most recently issued 23 Pennsylvania Rural and Small Urban Public Transportation 24 Statistical Report. 25 "Class 4 transit entity share." Two million three hundred 26 thirty-five thousand dollars for the 1991-1992 fiscal year and, 27 during the 1992-1993 fiscal year and each fiscal year 28 thereafter, shall mean the Class 4 transit entity share for the 29 prior fiscal year plus (or minus) the product of the Class 4 30 transit entity share for the prior fiscal year times the 20070H1878B2575 - 31 -
1 percentage increase or decrease in the total operating 2 assistance made available to local transportation organizations 3 and transportation companies for that fiscal year as compared 4 with the most recently completed fiscal year. 5 "Operating ratio." The proportion of total operating revenue 6 (which shall include all passenger, charter and advertising 7 revenue, fare reimbursement received from the State Lottery Fund 8 and all other receipts associated with the delivery of transit 9 services, but shall exclude Federal grants provided to cover 10 operating losses and State grants made pursuant to subsection 11 (b)) divided by total operating expenses associated with day-to- 12 day operation of the system (but excluding depreciation of 13 capital assets). 14 "Operating revenue." The total revenue earned by a local 15 transportation organization or transportation company through 16 its transit operations, including, but not limited to, passenger 17 revenue, senior citizen grant, charter revenue, school contract 18 revenue, advertising and other revenue listed with respect to 19 the most recent fiscal year reported in the most recently issued 20 Pennsylvania Mass Transit Statistical Report. 21 "Operating revenue percentage." The percentage determined by 22 dividing the operating revenues of a local transportation 23 organization or transportation company as reported in the most 24 recently issued Pennsylvania Mass Transit Statistical Report by 25 the total operating revenue of all local transportation 26 organizations or transportation companies as reported in the 27 most recently issued Pennsylvania Mass Transit Statistical 28 Report. 29 § 1304. Grant proposals. 30 (a) General rule.--Grants may be made hereunder with 20070H1878B2575 - 32 -
1 reference to any appropriate project irrespective of when it was 2 first commenced or considered and regardless of whether costs 3 with respect thereto shall have been incurred prior to the time 4 the grant is applied for or made. 5 (b) Applications.--The governing bodies of municipalities, 6 counties or their instrumentalities, and agencies and 7 instrumentalities of the Commonwealth may, by formal resolution, 8 apply and transportation companies by application may apply to 9 the department for State grant funds provided by this chapter. 10 If the action is taken by a governing body, a certified copy of 11 the resolution and, in the case of transportation companies, an 12 application shall be forwarded to the department with a proposal 13 of the governing body or company, which shall set forth the use 14 to be made of State grant funds and the amount of funds required 15 or, in the case of grants under section 1303 (relating to annual 16 appropriation and computation of subsidy), which shall set forth 17 a request that the grant provided for under section 1303 be 18 made. 19 (c) Preference for coordinated systems.--The department 20 shall give preference to any proposal which will assist in 21 carrying out a plan, meeting criteria established by the 22 department, for a unified or officially coordinated urban 23 transportation system as a part of the comprehensively planned 24 development of the urban area, which is necessary for the sound, 25 economic and desirable development of such area and which shall 26 encourage to the maximum extent feasible the participation of 27 private enterprise. This subsection shall not apply to grants 28 made pursuant to section 1303. 29 (d) Use of grants.--The use of the State grant funds shall 30 be for the purposes set forth in section 1302 (relating to 20070H1878B2575 - 33 -
1 program authorizations) and, without limiting the generality of 2 the foregoing, may be used for local contributions required by 3 the Urban Mass Transportation Act of 1964 or other Federal law 4 concerning common carrier mass transportation. 5 (e) Grant agreement.-- 6 (1) The department shall review the proposal and, if 7 satisfied that the proposal is in accordance with the 8 purposes of this chapter, shall enter into a grant agreement 9 subject to the condition that the grant be used in accordance 10 with the terms of the proposal. With respect to grants made 11 pursuant to section 1303, the department shall make such 12 grants subject to the condition that the grants be used for 13 the purposes set forth in section 1302 and, where applicable, 14 only after the certification required in section 1302(2)(iii) 15 and (3) shall have been made. 16 (2) The time of payment of the grant and any conditions 17 concerning such payment shall be set forth in the grant 18 agreement. 19 § 1305. Rules and regulations. 20 In order to effectuate and enforce the provisions of this 21 chapter, the department is authorized to promulgate necessary 22 rules and regulations and prescribe conditions and procedures in 23 order to assure compliance in carrying out the purposes for 24 which grants may be made hereunder. 25 § 1306. Cooperation with other governments and private 26 interests. 27 (a) General rule.--The department is directed to administer 28 this program with such flexibility as to permit full cooperation 29 between Federal, State and local governments, agencies and 30 instrumentalities, as well as private interests, so as to result 20070H1878B2575 - 34 -
1 in as effective and economical a program as possible. 2 (b) Agreements.--The department is hereby authorized to 3 enter into agreements providing for mutual cooperation between 4 or among it and any Federal agency, local transportation 5 organization or transportation company concerning any or all 6 projects, including joint applications for Federal grants. 7 § 1307. General authority of department. 8 It is the purpose and intent of this chapter to authorize the 9 department to do any and all other things necessary or desirable 10 to secure the financial aid or cooperation of any Federal agency 11 in any of the department's projects and to do and perform all 12 things which may be required by any statute of the United States 13 of America or by the lawful requirements of any Federal agency 14 authorized to administer any program of Federal aid to 15 transportation. The department is expressly permitted to enter 16 into protective agreements with labor to the extent required 17 under 49 U.S.C. § 5333 (relating to labor standards) in order to 18 obtain Federal grant moneys for transportation assistance. Such 19 protective agreements shall be narrowly drawn and strictly 20 construed to provide no more than the minimum protections 21 required by the United States Department of Labor for such 22 agreements. 23 § 1308. Grants by counties or municipalities. 24 Any county or municipality in any metropolitan area which is 25 a member of a local transportation organization is authorized to 26 make annual grants from current revenues to local transportation 27 organizations to assist in defraying the costs of operations, 28 maintenance and debt service of local transportation 29 organization or of a particular mass transportation project of a 30 local transportation organization and to enter into long-term 20070H1878B2575 - 35 -
1 agreements providing for the payment of the same. The obligation 2 of a municipality or county under any such agreement shall not 3 be considered to be a part of its indebtedness, nor shall such 4 obligation be deemed to impair the status of any indebtedness of 5 such municipality or county which would otherwise be considered 6 as self-sustaining. 7 § 1309. Limitation on decisions, findings and regulations of 8 department. 9 All decisions, findings and regulations made by the 10 department pursuant to this chapter shall be for the purposes of 11 this chapter only and shall not constitute evidence before any 12 regulatory body of this Commonwealth or any other jurisdiction. 13 § 1310. Distribution of funding. 14 (a) General rule.--All moneys made available and required to 15 be used for capital projects, asset maintenance and other 16 programs specified in this section shall be distributed in 17 accordance with the formula specified in this section and used 18 strictly in accordance with section 1311 (relating to use of 19 funds distributed). 20 (b) Distribution procedure.--During each fiscal year, 21 capital project, asset maintenance and other program funds shall 22 be distributed as follows: 23 (1) On or before the fifth day of each month, the 24 Treasury Department shall certify to the department the total 25 amount then available for distribution, and the department 26 shall make distribution of payments required under this 27 subsection on or before the 20th day of each month. 28 (2) Beginning in the 1991-1992 fiscal year, each month, 29 the Treasury Department shall pay one-twelfth of the 30 Department of Transportation project management oversight 20070H1878B2575 - 36 -
1 share for that fiscal year into the General Fund. The moneys 2 so transferred are hereby appropriated to the Department of 3 Transportation for use by that department for expenses 4 related to project management and oversight of capital and 5 asset maintenance projects funded pursuant to this section. 6 (3) Each month, the Treasury Department shall pay one- 7 twelfth of the community transportation program section 1310 8 share for that fiscal year into the General Fund. The funds 9 so transferred are hereby appropriated to the Department of 10 Transportation to make grants to counties, pursuant to 11 section 1312 (relating to community transportation programs), 12 for the purpose of funding capital projects of community 13 transportation programs. 14 (4) Each month, the Treasury Department shall pay the 15 planning, development, research, rural expansion and 16 department-initiated programs section 1310 share for that 17 month into the General Fund. The funds so transferred are 18 hereby appropriated to the Department of Transportation to 19 incur costs directly or to make grants to local 20 transportation organizations or transportation companies, or 21 entities which seek to become local transportation 22 organizations or transportation companies, pursuant to 23 section 1312, for the purpose of funding planning, 24 development, research, rural expansion and department- 25 initiated programs. 26 (5) Each month, the department shall distribute one- 27 twelfth of the Class 4 transit entity section 1310 share to 28 Class 4 transit entities in the manner provided in this 29 paragraph. Each Class 4 transit entity shall receive a 30 portion of each monthly distribution of the Class 4 transit 20070H1878B2575 - 37 -
1 entity section 1310 share as follows: 2 (i) Fifty percent of the monthly distribution of the 3 Class 4 transit entity section 1310 share shall be 4 distributed to Class 4 transit entities based upon each 5 transit entity's Class 4 operating assistance grant 6 section 1310 percentage. The actual amount received by 7 each Class 4 transit entity under this subparagraph shall 8 be determined by multiplying a particular Class 4 transit 9 entity's Class 4 operating assistance grant section 1310 10 percentage times the total amount available for 11 distribution under this subparagraph. 12 (ii) Twenty-five percent of the monthly distribution 13 of the Class 4 transit entity section 1310 share shall be 14 distributed to Class 4 transit entities based upon each 15 transit entity's Class 4 revenue mile section 1310 16 percentage. The actual amount received by each Class 4 17 transit entity under this subparagraph shall be 18 determined by multiplying a particular Class 4 transit 19 entity's Class 4 revenue mile section 1310 percentage 20 times the total amount available for distribution under 21 this subparagraph. 22 (iii) Twenty-five percent of the monthly 23 distribution of the Class 4 transit entity section 1310 24 share shall be distributed to Class 4 transit entities 25 based upon each transit entity's Class 4 revenue hour 26 section 1310 percentage. The actual amount received by 27 each Class 4 transit entity under this subparagraph shall 28 be determined by multiplying a particular Class 4 transit 29 entity's Class 4 transit entity revenue hour section 1310 30 percentage times the total amount available for 20070H1878B2575 - 38 -
1 distribution under this subparagraph. 2 (6) Each month, after providing for payment of the 3 portion of the Department of Transportation project 4 management oversight share, the community transportation 5 program section 1310 share, the planning, development, 6 research, rural expansion and department-initiated programs 7 section 1310 shares and the Class 4 transit entity section 8 1310 share to be distributed that month, the department shall 9 distribute all remaining capital project, asset maintenance 10 and other program funds as follows: 11 (i) Each Class 1 transit entity shall receive a 12 prorata share of the Class 1 transit entity section 1310 13 share. If there is only one Class 1 transit entity, it 14 shall receive the entire Class 1 transit entity section 15 1310 share. 16 (ii) Each Class 2 transit entity shall receive a 17 prorata share of the Class 2 transit entity section 1310 18 share. If there is only one Class 2 transit entity, it 19 shall receive the entire Class 2 transit entity section 20 1310 share. 21 (iii) Each Class 3 transit entity shall receive a 22 portion of the Class 3 transit entity section 1310 share 23 as follows: 24 (A) Sixteen and sixty-seven hundredths percent 25 of the Class 3 transit entity section 1310 share 26 shall be distributed to Class 3 transit entities 27 based upon each transit entity's Class 3 vehicle mile 28 section 1310 percentage. The actual amount received 29 by each Class 3 transit entity under this clause 30 shall be determined by multiplying a particular Class 20070H1878B2575 - 39 -
1 3 transit entity's Class 3 vehicle mile section 1310 2 percentage times the total amount available for 3 distribution under this clause. 4 (B) Sixteen and sixty-seven hundredths percent 5 of the Class 3 transit entity section 1310 share 6 shall be distributed to Class 3 transit entities 7 based upon each transit entity's Class 3 vehicle hour 8 section 1310 percentage. The actual amount received 9 by each Class 3 transit entity under this clause 10 shall be determined by multiplying a particular Class 11 3 transit entity's Class 3 vehicle hour section 1310 12 percentage times the total amount available for 13 distribution under this clause. 14 (C) Sixteen and sixty-six hundredths percent of 15 the Class 3 transit entity section 1310 share shall 16 be distributed to Class 3 transit entities based upon 17 each transit entity's Class 3 total passenger section 18 1310 percentage. The actual amount received by each 19 Class 3 transit entity under this clause shall be 20 determined by multiplying a particular Class 3 21 transit entity's Class 3 total passenger section 1310 22 percentage times the total amount available for 23 distribution under this clause. 24 (D) Twenty-five percent of the Class 3 transit 25 entity section 1310 share shall be distributed to 26 Class 3 transit entities based upon each transit 27 entity's Class 3 Federal operating cap percentage. 28 The actual amount received by each Class 3 transit 29 entity under this clause shall be determined by 30 multiplying a particular Class 3 transit entity's 20070H1878B2575 - 40 -
1 Class 3 Federal operating cap percentage times the 2 total amount available for distribution under this 3 clause. 4 (E) Twenty-five percent of the Class 3 transit 5 entity section 1310 share shall be distributed to 6 Class 3 transit entities based upon each transit 7 entity's Class 3 State operating grant percentage. 8 The actual amount received by each Class 3 transit 9 entity under this clause shall be determined by 10 multiplying a particular Class 3 transit entity's 11 Class 3 State operating grant percentage times the 12 total amount available for distribution under this 13 clause. 14 (c) Change of classification.--If, during any fiscal year, 15 either the number of vehicles operated by a local transportation 16 organization or transportation company or the area served by 17 such a local transportation organization or transportation 18 company changes so that the local transportation organization or 19 transportation company meets the criteria for a different 20 transit entity class, as such criteria are set forth in section 21 1301 (relating to definitions), on or before July 15 of the 22 fiscal year which follows such a change and in each fiscal year 23 thereafter, the department shall reflect any change in the 24 transit entity class of such a local transportation organization 25 or transportation company in the Department of Transportation 26 certification for that and subsequent fiscal years. In its 27 calculation of the transit entity section 1310 shares for each 28 transit entity class required by subsection (g)(1) and the 29 transit entity section 1310.1 shares for each transit entity 30 class required by subsection (g)(1) for the fiscal year 20070H1878B2575 - 41 -
1 following the change in a local transportation organization or 2 transportation company's transit entity class and thereafter, 3 the department shall include the amount of the transit entity 4 sections 1310 and 1310.1 shares allocated to such a local 5 transportation organization or transportation company for the 6 fiscal year prior to the change in the transit entity class, in 7 the transit entity sections 1310 and 1310.1 shares for the new 8 transit entity class of such a local transportation organization 9 or transportation company, and shall delete an equal amount from 10 the transit entity sections 1310 and 1310.1 shares for the 11 transit entity class for which such a local transportation 12 organization or transportation company no longer meets the 13 criteria in the new fiscal year. No local transportation 14 organization or transportation company which has changed from 15 one transit entity class to another due to either an increase in 16 the number of vehicles operated or the United States Census 17 Bureau's declaring its service area an urbanized area shall 18 receive less than the amount transferred on its account by the 19 department pursuant to this section. 20 (d) Oversight.--The department shall initiate and maintain a 21 program of review and oversight for any projects receiving funds 22 distributed pursuant to this section and section 1310.1 23 (relating to supplemental public transportation assistance 24 funding). The department is authorized to perform independent 25 financial audits of the financial statements of each local 26 transportation organization, transportation company or community 27 transportation program receiving moneys pursuant to this 28 section. These audits shall be conducted in accordance with 29 generally accepted auditing standards. Any financial statements 30 subject to the audit or reports resulting from the audit shall 20070H1878B2575 - 42 -
1 be prepared and presented in accordance with generally accepted 2 accounting principles, consistently applied with previous 3 statements rendered for or on behalf of such organization or 4 company. The department may coordinate such audits in 5 conjunction with audits undertaken by the Auditor General. 6 (e) Fiscal year and capital budget.-- 7 (1) The governing body of each local transportation 8 organization or transportation company shall establish a 9 fiscal year for capital programs. No later than the last day 10 of each fiscal year for capital programs, each local 11 transportation organization or transportation company 12 receiving moneys pursuant to this section shall adopt a 13 capital budget and an asset maintenance spending plan for 14 submission to the department. 15 (2) The capital budget shall include the following: 16 (i) A description of any such project. 17 (ii) The projected cost of any project to be 18 undertaken, including supporting cash flow. 19 (iii) The duration of any such project, including 20 the projected starting date, completion date and 21 projected useful life of the project. 22 (iv) The proposed funding sources for any project. 23 (v) A description of projects completed in the prior 24 fiscal year and their impact on operations. 25 (vi) A description of progress to date on projects 26 initiated in the prior fiscal year but not yet completed. 27 (vii) An explanation of any significant project 28 delays. 29 (viii) The use of funds under this section in the 30 prior fiscal year, including projects for which they were 20070H1878B2575 - 43 -
1 used. 2 (ix) A multiyear plan for future use of funds 3 received under this section for a period of not less than 4 five years. 5 (x) Any other matter desired by the governing body 6 of such local transportation organization or 7 transportation company. 8 (3) The asset maintenance spending plan shall include: 9 (i) The amount of moneys expended for asset 10 maintenance costs. 11 (ii) The purposes for which such funds were 12 expended. 13 (iii) Those asset maintenance costs which are 14 projected to be funded during the subsequent twelve 15 months by the local transportation organization or 16 transportation company. 17 (iv) A multiyear plan for future use of funds 18 received under this section for a period of not less than 19 five years. 20 (4) The capital budget and the asset maintenance 21 spending plan shall be established by formal action of the 22 governing body of such local transportation organization or 23 transportation company following an opportunity for comment 24 by the public and the department. Upon submission, the 25 department will review and may make recommendations to the 26 local transportation organization or transportation company 27 concerning the capital budget and asset maintenance spending 28 plan. 29 (5) The capital budget and the asset maintenance 30 spending plan may be amended by formal action of the 20070H1878B2575 - 44 -
1 governing body of such local transportation organization or 2 transportation company from time to time. Any amendments to 3 the capital budget and the asset maintenance spending plan 4 shall be transmitted to the department for its review, and 5 the department may make recommendations to the local 6 transportation organization or transportation company 7 concerning any amendments to the capital budget and the asset 8 maintenance spending plan. 9 (f) Definitions.--As used in this section, the following 10 words and phrases shall have the meanings given to them in this 11 subsection: 12 "Capital project, asset maintenance and other program funds." 13 Moneys made available to finance capital projects and asset 14 maintenance costs of local transportation organizations, 15 transportation companies or community transportation programs or 16 to fund other programs specified in this section from: 17 (1) any fund of the Commonwealth where the legislation 18 creating such fund references this part and states that some 19 or all of the moneys in such fund are to be used to finance 20 capital projects and asset maintenance costs of local 21 transportation organizations, transportation companies or 22 community transportation programs and to fund certain other 23 programs; or 24 (2) any other source, where such moneys are made 25 available specifically to finance capital projects and asset 26 maintenance costs of local transportation organizations, 27 transportation companies or community transportation programs 28 in accordance with this section. 29 "Class 1 section 1310 percentage." Seventy and three-tenths 30 percent. 20070H1878B2575 - 45 -
1 "Class 2 section 1310 percentage." Twenty-five and four- 2 tenths percent. 3 "Class 3 section 1310 percentage." Four and three-tenths 4 percent. 5 "Class 1 to 3 section 1310 allocation." The total amount of 6 capital project, asset maintenance and other program funds 7 available for distribution by the Treasury Department during a 8 particular month, less: 9 (1) the amount of the Department of Transportation 10 project management oversight share to be paid each month 11 under subsection (b)(2); 12 (2) the amount of the community transportation program 13 section 1310 share to be paid each month under subsection 14 (b)(3); 15 (3) the amount of the planning, development, research, 16 rural expansion and department-initiated programs section 17 1310 share; and 18 (4) the amount of the Class 4 transit entity section 19 1310 share to be paid each month under subsection (b)(5). 20 "Class 1 transit entity section 1310 share." The product of 21 the Class 1 section 1310 percentage times the Class 1 to 3 22 section 1310 allocation. 23 "Class 2 transit entity section 1310 share." The product of 24 the Class 2 section 1310 percentage times the monthly Class 1 to 25 3 allocation. 26 "Class 3 transit entity section 1310 share." The product of 27 the Class 3 section 1310 percentage times the monthly Class 1 to 28 3 allocation. 29 "Class 4 transit entity section 1310 share." Four million 30 dollars during the 1991-1992 fiscal year and $4,160,000 during 20070H1878B2575 - 46 -
1 the 1992-1993 fiscal year. During the 1993-1994 through 1996- 2 1997 fiscal years, the term shall mean the Class 4 transit 3 entity section 1310 share for the prior fiscal year plus (or 4 minus) the product of the Class 4 transit entity section 1310 5 share for the prior fiscal year times the percentage increase or 6 decrease in the total funds available for distribution pursuant 7 to this section received by the Treasury Department in the most 8 recently completed fiscal year as compared with the prior fiscal 9 year. For the 1997-1998 fiscal year and each fiscal year 10 thereafter, the term shall mean 2.8% of the total amount of 11 capital project, asset maintenance and other program funds 12 projected by the department to be available under this section 13 for distribution during the subject fiscal year. 14 "Class 3 Federal operating cap percentage." The percentage 15 determined by dividing the Federal operating ceiling for a Class 16 3 transit entity by the total Federal operating ceilings for all 17 Class 3 transit entities. 18 "Class 3 State operating grant percentage." The percentage 19 determined by dividing the State subsidy received pursuant to 20 section 1303 (relating to annual appropriation and computation 21 of subsidy) during fiscal year 1990-1991 by a Class 3 transit 22 entity as stated in the latest Department of Transportation 23 certification by the total State subsidies received pursuant to 24 section 1303 during fiscal year 1990-1991 by all Class 3 transit 25 entities as stated in the latest Department of Transportation 26 certification. For purposes of calculating the amount received 27 by a Class 3 transit entity pursuant to section 1303, any 28 Federal funds transferred from other local transportation 29 organizations and transportation companies from the Federal 30 fiscal year 1990-1991 Governor's apportionment allocation, 20070H1878B2575 - 47 -
1 contained in the Urban Mass Transportation Act of 1964, shall be 2 considered to be amounts received pursuant to section 1303. 3 "Class 3 total passenger section 1310 percentage." The 4 percentage determined by dividing the total passengers 5 transported by a Class 3 transit entity as stated in the latest 6 Department of Transportation certification by the total number 7 of passengers transported by all Class 3 transit entities as 8 stated in the latest Department of Transportation certification. 9 "Class 3 vehicle hour section 1310 percentage." The 10 percentage determined by dividing the vehicle hours of a Class 3 11 transit entity as stated in the latest Department of 12 Transportation certification by the total number of vehicle 13 hours of all Class 3 transit entities as stated in the latest 14 Department of Transportation certification. 15 "Class 3 vehicle mile section 1310 percentage." The 16 percentage determined by dividing the vehicle miles of a Class 3 17 transit entity as stated in the latest Department of 18 Transportation certification by the total number of vehicle 19 miles of all Class 3 transit entities as stated in the latest 20 Department of Transportation certification. 21 "Class 4 operating assistance grant section 1310 percentage." 22 The percentage determined by dividing the Class 4 transit entity 23 adjusted base grant received by a Class 4 transit entity by the 24 total Class 4 transit entity adjusted base grants received 25 pursuant to such act by all Class 4 transit entities during 26 fiscal year 1990-1991 as stated in the Department of 27 Transportation certification. 28 "Class 4 revenue hour section 1310 percentage." The 29 percentage determined by dividing the revenue hours of a Class 4 30 transit entity as stated in the latest Department of 20070H1878B2575 - 48 -
1 Transportation certification by the total number of revenue 2 hours of all Class 4 transit entities as stated in the latest 3 Department of Transportation certification. 4 "Class 4 revenue mile section 1310 percentage." The 5 percentage determined by dividing the revenue miles of a Class 4 6 transit entity as stated in the latest Department of 7 Transportation certification by the total number of revenue 8 miles of all Class 4 transit entities as stated in the latest 9 Department of Transportation certification. 10 "Community transportation program section 1310 share." One 11 million seven hundred thousand dollars during the 1991-1992 12 fiscal year, $1,768,000 during the 1992-1993 fiscal year and, 13 during the 1993-1994 fiscal year and each fiscal year 14 thereafter, shall mean the community transportation program 15 section 1310 share for the prior fiscal year plus (or minus) the 16 product of the community transportation program section 1310 17 share for the prior fiscal year times the percentage increase or 18 decrease in the total funds available for distribution pursuant 19 to this section received by the Treasury Department in the most 20 recently completed fiscal year as compared with the prior fiscal 21 year. However, in any fiscal year in which the total funds 22 authorized to be expended from the State Lottery Fund for 23 purposes enumerated in section 1312 (relating to community 24 transportation programs) is less than $600,000, the community 25 transportation program section 1310 share shall be increased so 26 that the sum of the community transportation program section 27 1310 share plus the total amount of such moneys paid from the 28 State Lottery Fund for purposes enumerated in section 1312 shall 29 equal $2,300,000. The combined funding to any county for 30 community transportation under sections 1310 and 1312 shall not 20070H1878B2575 - 49 -
1 exceed $250,000 in any fiscal year. 2 "Department of Transportation project management oversight 3 share." One million dollars during the 1991-1992 fiscal year 4 and, during the 1992-1993 fiscal year and each fiscal year 5 thereafter, shall mean $1,000,000 or 0.25% of the total amount 6 of capital project, asset maintenance and other program funds 7 available for distribution pursuant to this section received by 8 the Treasury Department during the prior fiscal year, whichever 9 is greater. 10 "Department of Transportation certification." The 11 certification by the Department of Transportation to the 12 Treasury Department under subsection (g). 13 "Department-initiated programs." Mass transportation 14 programs with a regional or Statewide application, including, 15 without limitation, capital projects in support of intercity 16 rail passenger service, capital projects in support of intercity 17 bus service, transit safety initiatives, public-private 18 transportation partnerships, ridersharing incentive programs, 19 transportation management associations and other multimodal 20 transportation management projects. 21 "Federal operating ceiling." The maximum amount of Federal 22 funds permitted to be used by a Class 3 transit entity to 23 subsidize transit operations, as published in the November 23, 24 1990, Federal Register (or, where there is more than one transit 25 entity in a region, the maximum amount of Federal funds which 26 such Class 3 transit entity could have utilized to subsidize 27 transit operations pursuant to the subregional allocation as 28 specified in the applicable transportation improvement program) 29 for fiscal year 1990-1991. 30 "Planning, development, research, rural expansion and 20070H1878B2575 - 50 -
1 department-initiated programs section 1310 shares." The sum of 2 $83,333.33 plus 0.25% of the total capital project, asset 3 maintenance and other program funds available for distribution 4 by the Treasury Department during a particular month. 5 "Total passengers." The total of all revenue passengers plus 6 transfer passengers on second and successive rides of a local 7 transportation organization or transportation company, which are 8 funded in whole or in part by this part, with respect to the 9 most recent fiscal year reported in the most recently issued 10 Pennsylvania Mass Transit Statistical Report. 11 "Treasury Department." The State Treasurer and the Treasury 12 Department of the Commonwealth. 13 (g) Certification to Treasury Department.--On or before July 14 15 of each fiscal year, the Department of Transportation shall 15 calculate and certify to the Treasury Department the following: 16 (1) The Department of Transportation project management 17 oversight share, the community transportation program 18 sections 1310 and 1310.1 shares, the Class 1 transit entity 19 sections 1310 and 1310.1 shares, the Class 2 transit entity 20 sections 1310 and 1310.1 shares, the Class 3 transit entity 21 sections 1310 and 1310.1 shares and the Class 4 transit 22 entity sections 1310 and 1310.1 shares and the planning, 23 development, research, rural expansion and department- 24 initiated programs sections 1310 and 1310.1 shares. 25 (2) The names and addresses of each Class 1 transit 26 entity, Class 2 transit entity, Class 3 transit entity and 27 Class 4 transit entity and whether such program or entity is 28 a Class 1 transit entity, Class 2 transit entity, Class 3 29 transit entity or Class 4 transit entity. 30 (3) The vehicle miles of each Class 3 transit entity, 20070H1878B2575 - 51 -
1 the total vehicle miles of all Class 3 transit entities, the 2 Class 3 vehicle mile sections 1310 and 1310.1 percentages for 3 each Class 3 transit entity, the vehicle hours of each Class 4 3 transit entity, total vehicle hours of all Class 3 transit 5 entities, the Class 3 vehicle hour sections 1310 and 1310.1 6 percentages for each Class 3 transit entity, total passengers 7 for each Class 3 transit entity, the total passengers for all 8 Class 3 transit entities, the Class 3 total passenger 9 sections 1310 and 1310.1 percentages for each Class 3 transit 10 entity, the Federal operating ceiling for each Class 3 11 transit entity, the Federal operating ceiling for all Class 3 12 transit entities, the Federal operating cap percentage for 13 each Class 3 transit entity, the State subsidy received 14 pursuant to section 1303 (relating to annual appropriation 15 and computation of subsidy) as described in the definition of 16 "Class 3 State operating grant percentage" for each Class 3 17 transit entity, the State subsidy received pursuant to 18 section 1303 as described in the definition of "Class 3 State 19 operating grant percentage" for all Class 3 transit entities, 20 and the Class 3 State grant percentage for each Class 3 21 transit entity. 22 (4) The operating assistance grant received by each 23 Class 4 transit entity during fiscal year 1990-1991 pursuant 24 to the act of February 11, 1976 (P.L.14, No.10), known as the 25 Pennsylvania Rural and Intercity Common Carrier Surface 26 Transportation Assistance Act, the operating assistance grant 27 received by all Class 4 transit entities during fiscal year 28 1990-1991 pursuant to that act, the Class 4 operating 29 assistance grant sections 1310 and 1310.1 percentages for 30 each Class 4 transit entity, the revenue miles of each Class 20070H1878B2575 - 52 -
1 4 transit entity, the revenue miles of all Class 4 transit 2 entities, the Class 4 revenue mile sections 1310 and 1310.1 3 percentages of each Class 4 transit entity, the revenue hours 4 for each Class 4 transit entity, the revenue hours for all 5 Class 4 transit entities and the Class 4 revenue hour 6 sections 1310 and 1310.1 percentages for each Class 4 transit 7 entity. 8 § 1310.1. Supplemental public transportation assistance 9 funding. 10 (a) General rule.--Beginning July 1, 1997, 1.22% of the 11 money collected from the tax imposed under Article II of the act 12 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 13 1971, up to a maximum of $75,000,000, shall be deposited in the 14 Supplemental Public Transportation Account, which is established 15 in the State Treasury. Within 30 days of the close of a calendar 16 month, 1.22% of the taxes received in the prior calendar month 17 shall be transferred to the account. No funds in excess of 18 $75,000,000 may be transferred to the account in any one fiscal 19 year. The money in the account shall be used by the department 20 for supplemental public transportation assistance, to be 21 distributed under this section. Transit entities may use 22 supplemental assistance moneys for any of the purposes 23 enumerated in section 1311 (relating to use of funds 24 distributed). In addition to those enumerated purposes, Class 1, 25 2 and 3 transit entities also may use the base supplemental 26 assistance share for general operations. Class 4 transit 27 entities may use all supplemental assistance moneys for general 28 operations. 29 (b) Distribution.--During each fiscal year, capital project, 30 asset maintenance and other program funds designated as 20070H1878B2575 - 53 -
1 supplemental public transportation assistance funding to be 2 distributed pursuant to this section shall be distributed as 3 follows: 4 (1) On or before the fifth day of each month, the 5 Treasury Department shall certify to the department the total 6 amount of money then available for distribution, and the 7 department shall disburse the money on or before the 20th day 8 of each month. 9 (2) Each month the department shall distribute to each 10 local transportation organization or transportation company 11 1/12 of the base supplemental assistance share of that local 12 transportation organization or transportation company. 13 (3) Each month the Treasury Department shall pay 1/12 of 14 the community transportation program section 1310.1 share for 15 that fiscal year to the Department of Transportation to make 16 grants to counties pursuant to section 1312 (relating to 17 community transportation programs) for the purpose of funding 18 capital projects of community transportation programs. 19 (4) Each month the department shall distribute 1/12 of 20 the Class 4 transit entity section 1310.1 share to Class 4 21 transit entities according to the same formula as provided 22 for distribution of funds under section 1310(b)(5) (relating 23 to distribution of funding), using the Class 4 transit entity 24 section 1310.1 share in place of the Class 4 transit entity 25 section 1310 share. 26 (5) Each month, after providing for payment of the 27 portion of the base supplemental assistance share, the 28 community transportation program section 1310.1 share and the 29 Class 4 transit entity section 1310.1 share to be distributed 30 that month, the department shall distribute all remaining 20070H1878B2575 - 54 -
1 capital project, asset maintenance and other program funds 2 required to be distributed pursuant to this section according 3 to the same formula as provided for distribution of funds in 4 section 1310(b)(6), using the transit entity's section 1310.1 5 share in place of the transit entity's section 1310 share. 6 (c) Definitions.--As used in this section, the following 7 words and phrases shall have the meanings given to them in this 8 subsection. Any term used in this section but not defined in 9 this subsection shall have the meaning given in section 1310(f): 10 "Base supplemental assistance share." The P.L. 103-122 11 percentage for each local transportation organization or 12 transportation company multiplied by $54,616,000. 13 "Capital project, asset maintenance and other program funds." 14 Moneys made available under this section to finance capital 15 projects and asset maintenance costs of local transportation 16 organizations, transportation companies or community 17 transportation programs or to fund other programs specified in 18 this section. 19 "Class 1 section 1310.1 percentage." 70.3%. 20 "Class 2 section 1310.1 percentage." 25.4%. 21 "Class 3 section 1310.1 percentage." 4.3%. 22 "Class 1 to 3 section 1310.1 allocation." The total amount 23 of capital project, asset maintenance and other program funds 24 available for distribution by the Treasury Department during a 25 particular month less: 26 (1) the amount of the base supplemental assistance share 27 to be paid each month under subsection (b)(2); 28 (2) the amount of the community transportation program 29 section 1310.1 share to be paid each month under subsection 30 (b)(3); and 20070H1878B2575 - 55 -
1 (3) the amount of the Class 4 transit entity section 2 1310.1 share to be paid each month under subsection (b)(4). 3 "Class 1 transit entity section 1310.1 share." The product 4 of the Class 1 section 1310.1 percentage times the Class 1 to 3 5 section 1310.1 allocation. 6 "Class 2 transit entity section 1310.1 share." The product 7 of the Class 2 section 1310.1 percentage times the monthly Class 8 1 to 3 allocation. 9 "Class 3 transit entity section 1310.1 share." The product 10 of the Class 3 section 1310.1 percentage times the monthly Class 11 1 to 3 allocation. 12 "Class 4 transit entity section 1310.1 share." For each 13 fiscal year, the total amount projected by the department to be 14 available for distribution in the fiscal year in accordance with 15 this section, less $54,616,000, times 2.8%. 16 "Class 3 Federal operating cap percentage." The percentage 17 determined by dividing the Federal operating ceiling for a Class 18 3 transit entity by the total of all Federal operating ceilings 19 for Class 3 transit entities. 20 "Class 3 total passenger section 1310.1 percentage." The 21 percentage determined by dividing the total passengers 22 transported by a Class 3 transit entity, as stated in the latest 23 Department of Transportation certification, by the total number 24 of passengers transported by all Class 3 transit entities, as 25 stated in the latest Department of Transportation certification. 26 "Class 3 vehicle hour section 1310.1 percentage." The 27 percentage determined by dividing the vehicle hours of a Class 3 28 transit entity, as stated in the latest Department of 29 Transportation certification, by the total number of vehicle 30 hours of all Class 3 transit entities, as stated in the latest 20070H1878B2575 - 56 -
1 Department of Transportation certification. 2 "Class 3 vehicle mile section 1310.1 percentage." The 3 percentage determined by dividing the vehicle miles of a Class 3 4 transit entity, as stated in the latest Department of 5 Transportation certification, by the total number of vehicle 6 miles of all Class 3 transit entities, as stated in the latest 7 Department of Transportation certification. 8 "Class 4 operating assistance grant section 1310.1 9 percentage." The percentage determined by dividing the Class 4 10 transit entity adjusted base grant received by a Class 4 transit 11 entity, as stated in the latest Department of Transportation 12 certification, by the total Class 4 transit entity adjusted base 13 grants received by all Class 4 transit entities during fiscal 14 year 1990-1991, as stated in the latest Department of 15 Transportation certification. 16 "Class 4 revenue hour section 1310.1 percentage." The 17 percentage determined by dividing the revenue hours of a Class 4 18 transit entity, as stated in the latest Department of 19 Transportation certification, by the total number of revenue 20 hours of all Class 4 transit entities, as stated in the latest 21 Department of Transportation certification. 22 "Class 4 revenue mile section 1310.1 percentage." The 23 percentage determined by dividing the revenue miles of a Class 4 24 transit entity, as stated in the latest Department of 25 Transportation certification, by the total number of revenue 26 miles of all Class 4 transit entities, as stated in the latest 27 Department of Transportation certification. 28 "Community transportation program section 1310.1 share." The 29 greater of: 30 (1) $1,200,000; or 20070H1878B2575 - 57 -
1 (2) the total amount projected by the Department of 2 Transportation to be available for distribution in the 3 subject fiscal year in accordance with this section, less 4 $54,616,000, times 2.5%. 5 "P.L. 103-122 percentage." The percentage determined by 6 dividing the operating assistance grant or operating assistance 7 limitation, whichever is greater, but not to exceed the total 8 apportionment of funds made available to a particular local 9 transportation organization or transportation company in this 10 Commonwealth for each Class 1 transit entity, Class 2 transit 11 entity and Class 3 transit entity and the base grants approved 12 for each Class 4 transit entity pursuant to Public Law 103-122, 13 107 Stat. 1199, for the Federal fiscal year ending September 30, 14 1994, by the total of such amounts for all Commonwealth local 15 transportation organizations and transportation companies 16 pursuant to Public Law 103-122 for the fiscal year as determined 17 by the Department of Transportation. 18 § 1311. Use of funds distributed. 19 (a) Approval of department.-- 20 (1) No money made available pursuant to section 1310 21 (relating to distribution of funding) shall be expended on 22 any capital project by any local transportation organization 23 or transportation company until after the local 24 transportation organization or transportation company submits 25 the project to the department for approval and the department 26 approves the project. At the option of the local 27 transportation organization or transportation company, 28 capital projects may be submitted to the department on an 29 annual basis at the time the local transportation 30 organization or transportation company submits its capital 20070H1878B2575 - 58 -
1 budget to the department or at another time chosen by the 2 local transportation organization or transportation company. 3 (2) The department shall establish criteria for approval 4 of capital projects pursuant to this subsection, including, 5 but not limited to, consideration of estimated useful life, 6 demonstration of need and reasonableness of cost. 7 (3) Amendments to capital projects may be submitted at 8 any time to the department for its review and approval in 9 accordance with the procedures specified by the department. 10 (4) The department shall prescribe, under the authority 11 of this chapter, reasonable procedures, including deadlines, 12 for the department to review, comment and approve the capital 13 project or projects submitted by a local transportation 14 organization or transportation company. 15 (b) Funding purposes enumerated.--Moneys distributed 16 pursuant to section 1310 shall be used by local transportation 17 organizations and transportation companies for purposes of 18 paying: 19 (1) all costs of capital projects, including, without 20 limitation, the costs of acquisition, construction, 21 installation, start-up costs of operations, improvement and 22 all work and materials incident thereto, provided that funds 23 expended for capital projects pursuant to section 1310 shall 24 be matched by local or private funding in an amount equal to 25 at least one-thirtieth of the project cost; 26 (2) debt service and the cost of issuance of bonds, 27 notes and other evidences of indebtedness which a local 28 transportation organization or transportation company is 29 permitted to issue under any law of this Commonwealth; and 30 (3) to the extent permitted by this section, asset 20070H1878B2575 - 59 -
1 maintenance costs. Community transportation programs shall 2 use moneys distributed pursuant to this section only for 3 purposes enumerated in section 1312 (relating to community 4 transportation programs). 5 (c) Certain capital projects.--Notwithstanding any other 6 provision of law, each local transportation organization or 7 transportation company receiving moneys pursuant to section 1310 8 may use such moneys, in the discretion of such local 9 transportation organization or transportation company, to fund 10 all or a portion of capital projects listed in the program 11 prepared pursuant to section 2002(a)(13) of the act of April 9, 12 1929 (P.L.177, No.175), known as The Administrative Code of 13 1929. 14 (d) Management of funds.-- 15 (1) Each local transportation organization or 16 transportation company receiving moneys pursuant to sections 17 1310 and 1310.1 (relating to supplemental public 18 transportation assistance funding) shall hold such moneys in 19 an account separate from other funds of the local 20 transportation organization or transportation company and 21 shall invest such moneys until such funds are used in 22 accordance with this section, with such funds being invested 23 in accordance with the limits on investment of the local 24 transportation organization or transportation company. 25 Notwithstanding any other provisions of this chapter, any 26 interest earned shall be used for capital projects and asset 27 maintenance costs during any period as determined by the 28 local transportation organization or transportation company. 29 (2) All moneys distributed pursuant to section 1310 and 30 utilized for asset maintenance under subsection (e) shall be 20070H1878B2575 - 60 -
1 matched by local or private funding in an amount equal to at 2 least 1/30 of the amount expended for such purposes, except 3 that, in the case of Class 3 and 4 transit entities, no 4 matching funds shall be required if the department shall have 5 received from the local governmental funding source which 6 would otherwise provide the matching funds a certification 7 that compliance with the matching requirement would create an 8 undue financial burden upon the local governmental funding 9 source such that a curtailment of government services 10 endangering public health and safety would ensue. 11 (3) All moneys distributed pursuant to section 1310.1 12 and utilized under this section shall be matched by local or 13 private funding in an amount equal to at least 1/30 of the 14 amount expended for such purposes, except that, in the case 15 of Class 3 and 4 transit entities, no funds utilized for 16 asset maintenance under subsection (e) shall require a local 17 match if the department shall have received from the local 18 governmental funding source which would otherwise provide the 19 matching funds a certification that compliance with the 20 matching requirement would create an undue financial burden 21 upon the local governmental funding source such that a 22 curtailment of government services endangering public health 23 and safety would ensue. 24 (e) Asset maintenance.-- 25 (1) Each local transportation organization or 26 transportation company may expend moneys distributed pursuant 27 to sections 1310 and 1310.1 shares to fund asset maintenance 28 costs as provided in this subsection. 29 (2) Moneys distributed pursuant to sections 1310 and 30 1310.1 may only be used to fund asset maintenance costs 20070H1878B2575 - 61 -
1 incurred during the fiscal year in which such moneys are 2 allocated. Thereafter, such funds may only be used to fund 3 capital projects. 4 (3) On or before March 1 of each year, the department 5 shall certify to each local transportation organization or 6 transportation company the amount of capital project, asset 7 maintenance, base supplemental assistance and other program 8 funds which the department estimates each local 9 transportation organization or transportation company will be 10 entitled to receive during the ensuing fiscal year. Each 11 local transportation organization or transportation company 12 may expend moneys distributed pursuant to sections 1310 and 13 1310.1 shares to fund asset maintenance costs up to the 14 following maximum percentages of the estimate from the 15 department, including accrued interest, the amount received 16 during the prior fiscal year or the amount actually received 17 in the current fiscal year, whichever is greater: 18 (i) Class 1 transit entities may utilize for asset 19 maintenance costs up to a maximum of 30% of the funds 20 received pursuant to sections 1310 and 1310.1 shares. 21 (ii) Class 2 and 3 transit entities may utilize for 22 asset maintenance costs up to a maximum of 50% of the 23 funds received pursuant to sections 1310 and 1310.1. 24 (iii) (Deleted by amendment). 25 (iv) Class 4 transit entities may utilize for asset 26 maintenance costs up to a maximum of 50% of the funds 27 received pursuant to sections 1310 and 1310.1. 28 (f) Eligible projects.--Notwithstanding any other provision 29 of this chapter, moneys provided under section 1310 to community 30 transportation programs may be expended only in accordance with 20070H1878B2575 - 62 -
1 section 1312 and only to fund all or a portion of eligible 2 projects of such entities as enumerated in section 1312. 3 (g) Matching funds.--The moneys provided to local 4 transportation organizations, transportation companies or 5 community transportation programs pursuant to section 1310 may 6 be used as matching funds to obtain Federal aid for capital 7 projects. 8 (h) Use by department.--Funds appropriated to the department 9 pursuant to section 1310(b)(2) and (4) may be utilized by the 10 department for the purposes provided in either of such 11 paragraphs. 12 (i) Accounting.--Within 120 days after the end of each 13 fiscal year for capital programs established by the local 14 transportation organization or transportation company pursuant 15 to section 1310(e), each local transportation organization and 16 transportation company receiving moneys pursuant to sections 17 1310 and 1310.1 shares shall transmit to the department an 18 accounting of all funds received pursuant to sections 1310 and 19 1310.1 shares in that fiscal year. The accounting shall be in a 20 form prescribed by the department and shall include a listing of 21 all expenditures on a project by project basis and the status of 22 all unspent funds. The local transportation organization or 23 transportation company shall grant access to the department or 24 its duly authorized representatives to any and all records 25 pertaining to funds received pursuant to sections 1310 and 26 1310.1 shares. 27 (j) Limit on certain amounts expended.--Notwithstanding any 28 law to the contrary and except as provided in subsection (a) for 29 Class 4 transit entities, local transportation organizations and 30 transportation companies are authorized to expend moneys 20070H1878B2575 - 63 -
1 distributed pursuant to sections 1310 and 1310.1 shares for 2 asset maintenance costs in an amount not to exceed the greater 3 of: 4 (1) the maximum amount of asset maintenance expenditures 5 which could have been approved by the department for 6 expenditure by that local transportation organization or 7 transportation company for the 1991-1992 fiscal year pursuant 8 to section 17(a) of the act of August 5, 1991 (P.L.238, 9 No.26), entitled "An act amending Titles 74 (Transportation) 10 and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, 11 codifying provisions relating to public transportation; 12 imposing certain fees and taxes; further providing for 13 certain Pennsylvania Turnpike projects; defining 'farm 14 equipment'; further providing for the responsibilities of 15 vehicle transferees, for exemptions from registration and 16 certificates of title and for the use of dealer plates, 17 multipurpose dealer plates and farm equipment plates; further 18 providing for funeral processions; further providing for a 19 restricted receipts fund and for registration for snowmobiles 20 and ATV's; establishing the Snowmobile Trail Advisory 21 Committee; further providing for the highway maintenance and 22 construction tax; and making repeals," based upon a 23 projection of $200,000,000 in total dedicated capital 24 assistance funds plus estimated amounts of supplemental 25 public transportation assistance funding available for 26 distribution pursuant to section 1310.1 in that fiscal year, 27 which estimate shall not be less than $75,000,000 in any 28 fiscal year; or 29 (2) the amount permitted to be expended for such 30 purposes under subsection (e). 20070H1878B2575 - 64 -
1 § 1312. Community transportation programs. 2 (a) Grants from lottery fund.--All counties except counties 3 of the first and second class shall be entitled to grants from 4 the State Lottery Fund for the purpose of adding, replacing, 5 upgrading and overhauling equipment and purchasing, constructing 6 or renovating facilities to serve as office and maintenance 7 sites for the provision of reduced fare demand-response service. 8 Equipment that may be purchased shall include, but shall not be 9 limited to, vehicles, vehicle rehabilitation, major drivetrain 10 components, communication equipment, computer equipment and 11 software and office equipment and furnishings. The amount 12 entitled to all counties and to be granted by the department 13 shall not exceed $2,300,000. The department may require the 14 counties to coordinate the acquisition of equipment through a 15 Statewide purchase program should the department find such a 16 program to be cost efficient. 17 (b) Procedure.-- 18 (1) The department is hereby authorized to make grants 19 to all counties, except those of the first and second class, 20 or to entities designated by such counties to coordinate 21 services under this section in such county, for the purpose 22 of adding, replacing, upgrading and overhauling equipment for 23 the provision of shared-ride transit services responsive to 24 and accessible by the general public as well as the elderly 25 and disabled. If sufficient funds remain after all department 26 approvals for such equipment projects have been fully funded, 27 the department is hereby authorized to make grants for the 28 purchase, construction or renovation of facilities to serve 29 as office and maintenance sites for the provision of shared- 30 ride transit services responsive to and accessible by the 20070H1878B2575 - 65 -
1 general public as well as the elderly and disabled. Equipment 2 that may be purchased shall include, but shall not be limited 3 to, vehicles, vehicle rehabilitation, major drivetrain 4 components, communication equipment, computer equipment and 5 software and office equipment and furnishings. 6 (2) Counties other than counties of the first and second 7 class may obtain grants pursuant to this subsection by filing 8 with the department an application in a form prescribed by 9 it. The department shall require with such application a 10 transportation plan plus such other information as the 11 department may require. 12 (3) The applicant shall certify that all efforts 13 possible have been made to coordinate local service for the 14 elderly and disabled and the services to be offered with 15 these capital assets do not duplicate existing fixed route 16 services, as provided under the act of February 11, 1976 17 (P.L.14, No.10), known as the Pennsylvania Rural and 18 Intercity Common Carrier Surface Transportation Assistance 19 Act, and under other provisions of this part. The applicant 20 shall solicit comments from the local public body fixed route 21 provider and include any such comments as part of the 22 application. 23 (4) All purchases pursuant to this subsection shall be 24 made in accordance with bidding procedures established under 25 the act of May 2, 1945 (P.L.382, No.164), known as the 26 Municipality Authorities Act of 1945, or the act of August 9, 27 1955 (P.L.323, No.130), known as The County Code, whichever 28 is applicable. 29 (c) Availability of funds.--Funds not expended under this 30 section in the fiscal year in which they were made available 20070H1878B2575 - 66 -
1 shall not lapse and shall be available for use pursuant to this 2 section in the next succeeding fiscal years. 3 § 1313. Additional programs. 4 (a) Projects and programs enumerated.--The department is 5 hereby authorized to incur costs directly or to make grants, 6 undertake and provide financial support: 7 (1) To new rural transportation systems for the purpose 8 of funding capital, asset maintenance and operating costs of 9 new rural transportation systems. New rural transportation 10 systems may obtain grants under this section by filing for 11 each fiscal year with the department an application in a form 12 prescribed by it. The department shall require with the 13 application a transportation plan plus such other information 14 as the department may require to establish to the 15 satisfaction of the department that the new rural 16 transportation system is deserving of a grant under this 17 section. 18 (2) For the purpose of funding studies, analysis, 19 planning and development of programs for public 20 transportation assistance, services and facilities. 21 (3) To incur costs directly or to make grants for 22 department-initiated programs. 23 (4) To make grants to Class 4 transit entities for the 24 significant expansion of services by such entities from funds 25 remaining in the development, planning and rural expansion 26 share after all grants have been made for the fiscal year 27 pursuant to paragraphs (1) and (2). Grants from the 28 development, planning and rural expansion share shall be used 29 by the Class 4 transit entity for the construction, 30 acquisition, capital projects, asset maintenance and 20070H1878B2575 - 67 -
1 operating costs of the expansion of such entity. Class 4 2 transit entities may obtain grants by filing for each fiscal 3 year with the department an application in a form prescribed 4 by it. The department shall require with the application a 5 transportation plan plus such other information as the 6 department may require to establish to the satisfaction of 7 the department that the Class 4 transit entity is deserving 8 of a grant under this section. 9 (b) Availability of funds.--Funds not expended under this 10 section in the fiscal year in which they were made available 11 shall not lapse and shall be available for use pursuant to this 12 section in the next succeeding fiscal years. 13 § 1315. Public transportation grants management accountability. 14 (a) Performance audits.--All classes of transit entities 15 shall complete periodic management performance audits which 16 shall encompass all public transportation programs and services 17 financed in whole or in part by grants provided by the 18 department as follows: 19 (1) The department shall establish criteria to be 20 included in a performance audit performed pursuant to this 21 section. The criteria shall be published in the Pennsylvania 22 Bulletin. Separate criteria may be established for each class 23 of transit entity. 24 (2) Management performance audits shall be completed 25 within ten months of their initiation and shall be performed 26 as follows: 27 (i) Class 1 transit entities shall begin the initial 28 management performance audit required pursuant to this 29 section no later than July 1, 1999, or, with the written 30 approval of the department, within five years of the 20070H1878B2575 - 68 -
1 completion of the most recent performance audit. 2 Thereafter, Class 1 transit entities shall complete a 3 management performance audit at least once every five 4 years. 5 (ii) Class 2 transit entities shall begin the 6 initial management performance audit required by this 7 section no later than July 1, 2000, or, with the written 8 approval of the department, within five years of the most 9 recent performance audit. The department may extend the 10 initiation date for a period of up to five years. 11 Thereafter, Class 1 transit entities shall complete a 12 management performance audit at least once every five 13 years. 14 (iii) Class 3 transit entities in urbanized areas 15 with a population of 200,000 or greater shall begin the 16 initial management performance audit required by this 17 section no later than July 1, 2001. Class 3 transit 18 entities in urbanized areas with a population of less 19 than 200,000 shall begin the first management performance 20 audit required by this section no later than July 1, 21 2002. Thereafter, Class 3 transit entities shall perform 22 a management performance audit at least once every seven 23 years. 24 (iv) Class 4 transit entities shall begin the first 25 initial management performance audit required by this 26 section no later than July 1, 2002. Thereafter, Class 4 27 transit entities shall perform a management performance 28 audit at least once every ten years. The department shall 29 perform management performance audits for Class 4 30 entities through qualified independent contractors unless 20070H1878B2575 - 69 -
1 written notice is provided to the department by the Class 2 4 transit entity that the transit entity wishes to 3 perform its own audit. The notice shall be provided no 4 later than one year prior to the initiation date of the 5 next scheduled audit. 6 (3) Class 1, 2 and 3 transit entities shall bear all 7 costs of performing management performance audits pursuant to 8 this section. The cost of such management performance audits 9 for Class 4 transit entities shall be paid by the department 10 from funds made available under section 1310(d) (relating to 11 distribution of funding). 12 (4) For Class 1, 2 and 3 transit entities, the 13 management performance audit shall be conducted by a 14 qualified independent auditor selected by competitive 15 procurement. Procurement documents shall specify the scope of 16 the audit, comply with department criteria and be submitted 17 to the department for written approval prior to procurement. 18 (b) Submission of audit report; transit entity response.-- 19 (1) Upon receipt of a final audit report from the 20 auditor or, in the case of Class 4 transit entities, from the 21 department, each transit entity shall prepare an action plan 22 addressing the findings and recommendations of the audit 23 report. The action plan shall be completed and approved by 24 the transit entity's governing body within two months of 25 receipt of the final audit report. The transit entity shall 26 implement its action plan in accordance with the time frames 27 specified in the plan. 28 (2) Upon approval of the action plan by the entity's 29 governing body, the transit entity shall submit the plan and 30 the auditor's report to the department. Class 1 and 2 transit 20070H1878B2575 - 70 -
1 entities shall also submit their action plans to the 2 Legislative Budget and Finance Committee, the chairman and 3 minority chairman of the Transportation Committee of the 4 Senate and the chairman and minority chairman of the 5 Transportation Committee of the House of Representatives. 6 (c) Customer satisfaction surveys.--Customer satisfaction 7 surveys shall be conducted as follows: 8 (1) All Class 1 and 2 entities shall conduct customer 9 satisfaction surveys at least once every two years. Class 3 10 and 4 transit entities shall conduct customer satisfaction 11 surveys at least once every three years. An initial customer 12 satisfaction survey for each transit entity shall be 13 completed and submitted to the department no later than 14 December 31, 1998. 15 (2) The department shall provide guidelines regarding 16 the scope of the surveys and suggested questions which may be 17 included in the surveys. 18 (3) Upon completion of the survey, the transit entity 19 shall submit a report to the department containing survey 20 methodology, survey results, relevant trends in the level of 21 customer satisfaction and actions taken or planned to improve 22 customer satisfaction. 23 (d) Suspension of grant funds.--The department may suspend 24 eligibility for grants under section 1303 (relating to annual 25 appropriation and computation of subsidy) for any transit entity 26 which fails to comply with any of the provisions of this 27 section. 28 (e) Restoration or continuation of funding.--The department 29 shall continue eligibility of a transit entity for grants under 30 section 1303 if the entity has initiated its audit or survey in 20070H1878B2575 - 71 -
1 a timely manner and the delay in completion of the audit or 2 survey is not the fault of the transit entity. The department 3 shall restore eligibility of a suspended transit entity at such 4 time as the audit or survey is completed in accordance with the 5 requirements of this section. 6 (f) Cost reduction and productivity improvement.--As part of 7 its annual application for funding under section 1303, Class 1, 8 2, 3 and 4 transit entities shall include a report outlining 9 initiatives it has undertaken to reduce costs and improve 10 productivity. 11 Section 4. Chapters 15, 81 and 82 of Title 74, added July 12 18, 2007 (P.L.169, No.44), are repealed: 13 [CHAPTER 15 14 SUSTAINABLE MOBILITY OPTIONS 15 § 1501. Scope of chapter. 16 This chapter relates to sustainable mobility options. 17 § 1502. (Reserved). 18 § 1503. Definitions. 19 The following words and phrases when used in this chapter 20 shall have the meanings given to them in this section unless the 21 context clearly indicates otherwise: 22 "Access to jobs project." A project relating to the 23 development and maintenance of transportation services designed 24 to transport welfare recipients and eligible low-income 25 individuals to and from jobs and activities related to their 26 employment as defined under 49 U.S.C. § 5316 (relating to job 27 access and reverse commute formula grants). 28 "Americans with Disabilities Act." The Americans with 29 Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327). 30 "Asset maintenance costs." All vehicle maintenance expenses, 20070H1878B2575 - 72 -
1 nonvehicle maintenance and materials expenses and the cost of 2 supplies used in the operation of local transportation 3 organizations and transportation companies. 4 "Award recipient." A recipient of financial assistance under 5 this chapter. 6 "Base operating allocation." The total amount of State 7 operating assistance, reimbursement in lieu of fares for senior 8 passengers and other assistance which was used for operating 9 assistance as determined by the department in fiscal year 2005- 10 2006. 11 "Capital expenditures." All costs of capital projects, 12 including, but not limited to, the costs of acquisition, 13 construction, installation, start-up of operations, improvements 14 and all work and materials incident thereto. 15 "Capital project." A system or component of a system for the 16 provision of public passenger transportation. The term includes 17 vehicles; infrastructure power; passenger amenities; storage and 18 maintenance buildings; parking facilities; the land on which any 19 capital project is situated and the land needed to support it, 20 whether owned in whole or in part; overhaul of vehicles; debt 21 service and the cost of issuance of bonds, notes and other 22 evidences of indebtedness which a local transportation 23 organization or transportation company is permitted to issue 24 under any law of this Commonwealth. 25 "Commonwealth capital bonds." Evidence of debt incurred by 26 the Commonwealth under the act of February 9, 1999 (P.L.1, 27 No.1), known as the Capital Facilities Debt Enabling Act. 28 "Community transportation service" or "shared ride service." 29 Door-to-door demand transportation that is available to the 30 general public on a nonexclusive basis, operates on a nonfixed 20070H1878B2575 - 73 -
1 route basis and charges a fare to all riders. The term does not 2 include exclusive ride taxi service, charter and sightseeing 3 service, nonpublic transportation, school bus and limousine 4 service. 5 "Community transportation system." A person that provides 6 community transportation service and contracts with the 7 Department of Transportation to receive revenue replacement 8 funds. 9 "Department." The Department of Transportation of the 10 Commonwealth. 11 "Financial assistance." Grants or other types of financial 12 support provided by the Department of Transportation under this 13 chapter. 14 "Fixed guideway system." A fixed-route public transportation 15 service that uses and occupies a separate right-of-way or rail 16 line for the exclusive use of public transportation and other 17 high occupancy vehicles or uses a fixed catenary system and a 18 right-of-way usable by other forms of transportation. The term 19 includes light rail, commuter rail, automated guideway transit, 20 people movers, ferry boat service and fixed guideway facilities 21 for buses such as bus rapid transit and high occupancy vehicles. 22 "Fixed-route public transportation service." Regularly 23 scheduled general public transportation that is provided 24 according to published schedules along designated routes, with 25 specified stopping points for the taking on and discharging of 26 passengers, including public bus and commuter rail systems and 27 other department-approved service. The term does not include 28 exclusive ride taxi service, charter or sightseeing service, 29 nonpublic transportation, school bus and limousine service. 30 "Fund." The Public Transportation Trust Fund established 20070H1878B2575 - 74 -
1 under section 1506 (relating to fund). 2 "Intercity bus service." Passenger bus service of 35 miles 3 or more in length that is provided with an over-the-road bus and 4 operated between two noncontiguous urbanized areas, between an 5 urbanized area located in one county and rural communities 6 located in another county or between rural communities located 7 in different counties and contains all of the following 8 elements: 9 (1) Service that is operated for a fare on a regularly 10 scheduled fixed-route basis. 11 (2) Service that is offered to and utilized by the 12 general public without preconditions of advance reservation 13 or membership in a particular organization. 14 "Intercity passenger rail service." Passenger railroad 15 service that connects two or more urbanized areas and is 16 determined by the Department of Transportation to qualify as 17 intercity service rather than commuter rail service. 18 "Job access and reverse commute project." A project funded 19 by the Federal Transit Administration under Federal law. 20 "Local transportation organization." Any of the following: 21 (1) A political subdivision or a public transportation 22 authority, port authority or redevelopment authority, 23 organized under the laws of this Commonwealth or pursuant to 24 an interstate compact or otherwise empowered to render, 25 contract for the rendering or assist in the rendering of 26 transportation service in a limited area in this 27 Commonwealth, even though it may also render or assist in 28 rendering transportation service in adjacent states. 29 (2) A nonprofit association that directly or indirectly 30 provides public transportation service. 20070H1878B2575 - 75 -
1 (3) A nonprofit association of public transportation 2 providers operating within this Commonwealth. 3 "Materials and supplies." Those categories of expenses as 4 specified in Uniform System of Accounts expense object class 5 504, National Transit Database operating expenses form F 30, 6 National Transit Database, Final Rule, Federal Transit 7 Administration, dated January 15, 1993, or any successor. 8 "New fixed guideway system." A newly constructed fixed 9 guideway system in a corridor or alignment where no such system 10 previously existed. 11 "New freedom program." A public transportation program 12 designed to provide funds to recipients for new public 13 transportation services and public transportation alternatives 14 beyond those required by the Americans with Disabilities Act of 15 1990 (Public Law 101-336, 104 Stat. 327) that assist individuals 16 with disabilities with transportation, including transportation 17 to and from jobs and employment support services administered 18 under the provisions of 49 U.S.C. § 5317 (relating to new 19 freedom program). 20 "New start." The term shall have the same meaning given it 21 in 49 CFR § 611.5 (relating to definitions). 22 "Nonurbanized area." An area within this Commonwealth that 23 does not fall within an area classified as "urbanized" by the 24 United States Bureau of the Census of the United States 25 Department of Commerce in the most recent Census of Population. 26 "Nonvehicle maintenance expenses." The categories of costs 27 associated with the inspection, maintenance and repair of 28 assets, other than vehicles, as specified in Uniform System of 29 Accounts, expense function 042, National Transit Database 30 operating expenses form, F 30, National Transit Database, Final 20070H1878B2575 - 76 -
1 Rule, Federal Transit Administration, dated January 15, 1993, or 2 any successor. 3 "Operating expenses." Total expenses required to continue 4 service to the public and to permit needed improvements in 5 service which are not self-supporting and otherwise for any 6 purpose in furtherance of public passenger transportation, 7 including all State asset maintenance costs. The term does not 8 include expenditures for capital projects unless specific 9 approval is provided by the Department of Transportation. 10 "Operating revenue." The total revenue earned by a local 11 transportation organization or a transportation company through 12 its transit operations. The term includes all of the following: 13 (1) Passenger fares. 14 (2) Reimbursements provided in lieu of fares for senior 15 passengers. 16 (3) Charter, school bus and advertising revenue. 17 (4) Other miscellaneous revenue such as public and 18 private route guarantee funds. 19 "Paratransit service." Transit service operating on a 20 nonfixed-route basis in order to provide complementary 21 transportation service to persons who are functionally unable to 22 use fixed-route public transportation service, as required by 23 the Americans with Disabilities Act of 1990 (Public Law 101-336, 24 104 Stat. 327). 25 "Passengers." The total of all originating passengers plus 26 transfer passengers carried on fixed-route public transportation 27 service and paratransit service with respect to the most recent 28 fiscal year as reported in the most recent Public Passenger 29 Transportation Performance Report. 30 "Public passenger transportation." Transportation within an 20070H1878B2575 - 77 -
1 area that includes a municipality or other built-up place that 2 is appropriate in the judgment of the Department of 3 Transportation to serve commuters or others in the locality, 4 taking into consideration the local patterns and trends of 5 growth by bus or rail or other conveyance, either publicly or 6 privately owned, serving the general public. The term does not 7 include school buses, charter or sightseeing services. 8 "Public Passenger Transportation Performance Report." An 9 annual report completed by the Department of Transportation 10 which shall include all of the following: 11 (1) Each local transportation organization's passengers, 12 revenue vehicle miles, revenue vehicle hours, and senior 13 passengers statistics for the most recently available fiscal 14 year. 15 (2) Any other statistical information that the 16 Department of Transportation deems necessary. 17 "Revenue replacement funds." Payments made to local 18 transportation organizations and transportation companies to 19 offset or partially offset fares. 20 "Revenue vehicle hours." The total amount of time calculated 21 in hours during which vehicles are in service and available for 22 public use in fixed-route public transportation service or 23 paratransit service with respect to the most recent fiscal year 24 as reported in the most recent Public Passenger Transportation 25 Performance Report. The term does not include deadhead hours. 26 "Revenue vehicle miles." The total amount of distance 27 calculated in miles during which vehicles are in service and 28 available for public use in fixed-route public transportation 29 service or paratransit service with respect to the most recent 30 fiscal year as reported in the most recent Public Passenger 20070H1878B2575 - 78 -
1 Transportation Performance Report. The term does not include 2 deadhead miles. 3 "Reverse commute project." A public transportation project 4 designed to transport residents of urbanized and nonurbanized 5 areas to suburban employment opportunities as defined under 49 6 U.S.C. § 5316 (relating to job access and reverse commute 7 formula grants). 8 "Secretary." The Secretary of Transportation of the 9 Commonwealth. 10 "Senior citizen." A person who is at least 65 years of age. 11 "Senior passenger." A senior citizen who rides on fixed- 12 route service. 13 "Senior passengers." The number of senior passengers 14 transported by a local transportation organization with respect 15 to the most recent fiscal year as reported in the most recent 16 Public Passenger Transportation Performance Report. 17 "Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), 18 known as the Tax Reform Code of 1971. 19 "Transportation company." A person that renders public 20 passenger transportation service. 21 "Urbanized area." A portion of this Commonwealth classified 22 as urbanized by the United States Bureau of the Census of the 23 United States Department of Commerce in the most recent Census 24 of Population. 25 "Vehicle maintenance expenses." The categories of costs 26 associated with the inspection, maintenance and repair of 27 vehicles as specified in Uniform System of Accounts, Expense 28 Function 041, National Transit Database operating expenses form 29 F 30, National Transit Database, Final Rule, Federal Transit 30 Administration, dated January 15, 1993, or any successor. 20070H1878B2575 - 79 -
1 "Welfare-to-work." Any Federal or State program designed to 2 move individuals from dependency on public welfare programs to 3 self-sufficiency through paid work. 4 § 1504. Department authorization. 5 (a) General.--The department may, within the limitations 6 provided in this chapter, incur costs directly and provide 7 financial assistance for the purposes and activities enumerated 8 in this chapter. 9 (b) Supplementation of Federal and local funds.--The 10 authority conferred on the department by this chapter includes 11 providing financial assistance for public passenger 12 transportation purposes and supplementing Federal funding or 13 local funding or both. 14 § 1505. Regulations. 15 (a) General rule.--To effectuate and enforce the provisions 16 of this chapter, the department shall promulgate necessary rules 17 and regulations and prescribe conditions and procedures in order 18 to assure compliance in carrying out the purposes for which 19 financial assistance may be provided under this chapter. 20 (b) Temporary regulations.-- 21 (1) Unless otherwise provided in this chapter, in order 22 to facilitate the prompt implementation of this chapter, 23 during the two-year period following the effective date of 24 this section, the department shall promulgate temporary 25 regulations which shall expire four years from the effective 26 date of this section. The temporary regulations shall be 27 exempt from the following: 28 (i) Sections 201, 202, 203 and 204 of the act of 29 July 31, 1968 (P.L.769, No.240), referred to as the 30 Commonwealth Documents Law. 20070H1878B2575 - 80 -
1 (ii) The act of June 25, 1982 (P.L.633, No.181), 2 known as the Regulatory Review Act. 3 (2) The authority of the department to promulgate 4 temporary regulations under this subsection shall expire two 5 years from the effective date of this section. Regulations 6 adopted after the two-year period shall be promulgated as 7 provided by statute. 8 § 1506. Fund. 9 (a) Establishment.--A special fund is established within the 10 State Treasury to be known as the Public Transportation Trust 11 Fund. Money in the fund is hereby appropriated, upon approval of 12 the Governor, to the department for the purposes set forth under 13 this chapter. 14 (b) Deposits to fund by department.-- 15 (1) The following apply: 16 (i) Except as provided under subparagraph (ii), upon 17 receipt, the department shall deposit into the fund the 18 revenues received by the department under 75 Pa.C.S. Ch. 19 89 (relating to Pennsylvania Turnpike) and the lease 20 agreement executed between the department and the 21 Pennsylvania Turnpike Commission under 75 Pa.C.S. § 22 8915.3 (relating to lease of Interstate 80) as follows: 23 (A) For fiscal year 2007-2008, $250,000,000. 24 (B) For fiscal year 2008-2009, $250,000,000. 25 (C) For fiscal year 2009-2010, $250,000,000. 26 (D) For fiscal year 2010-2011 and each fiscal 27 year thereafter, the amount calculated for the 28 previous fiscal year, increased by 2.5%. 29 (ii) The deposits made to the fund under this 30 subsection shall equal $250,000,000 annually for each 20070H1878B2575 - 81 -
1 fiscal year commencing after the expiration of the 2 conversion period if the conversion notice is not 3 received by the secretary prior to expiration of the 4 conversion period as set forth under 75 Pa.C.S. § 5 8915.3(3). 6 (2) Upon receipt, the department shall deposit the 7 amount made available to the department as an executive 8 authorization and any appropriation for the 2007-2008 fiscal 9 year and each fiscal year thereafter from the State Lottery 10 Fund for fixed route transit and for the Free Transit Program 11 for Senior Citizens established under the act of August 26, 12 1971 (P.L.351, No.91), known as the State Lottery Law. The 13 funds deposited under this paragraph shall only be used as 14 permitted by the State Lottery Law, except that: 15 (i) funds may be used to pay estimated transit 16 losses resulting from providing free service for senior 17 passengers during the provider's regular hours of 18 service; and 19 (ii) fares for senior citizens on commuter rail 20 service shall be limited to $1 per trip and shall be 21 extended to all hours of commuter rail service. 22 (c) Other deposits.--The following shall be deposited into 23 the fund annually: 24 (1) 4.4% of the amount collected under Article II of the 25 Tax Reform Code. Revenues under this paragraph shall be 26 deposited into the fund by the 20th day of each month for the 27 preceding month. The amount deposited under this paragraph is 28 estimated to be equivalent of the money available to the 29 department from the following sources: 30 (i) The Supplemental Public Transportation Account 20070H1878B2575 - 82 -
1 established under former section 1310.1 (relating to 2 supplemental public transportation assistance funding). 3 (ii) The amount appropriated annually by the 4 Commonwealth from the General Fund for mass transit 5 programs pursuant to a General Appropriations Act. 6 (2) An amount of proceeds of Commonwealth capital bonds, 7 as determined annually by the Secretary of the Budget. 8 (3) Revenue in the Public Transportation Assistance Fund 9 established under Article XXIII of the Tax Reform Code not 10 otherwise dedicated pursuant to law. 11 (4) Other appropriations, deposits or transfers to the 12 fund. 13 (d) Use of revenues.--Money in the fund shall be used by the 14 department as follows: 15 (1) to provide financial assistance through the programs 16 established under this chapter; 17 (2) for costs incurred directly by the department in the 18 administration of public passenger transportation programs, 19 including under this chapter; and 20 (3) for all other purposes enumerated under this 21 chapter. 22 (e) Program funding amounts.--Subject to available funds, 23 the programs established under this chapter shall be funded 24 annually as follows: 25 (1) For the program established under section 1513 26 (relating to operating program), the following amounts shall 27 be allocated from the fund: 28 (i) All revenues deposited in the fund under 29 subsection (b)(1). 30 (ii) All revenues deposited in the fund under 20070H1878B2575 - 83 -
1 subsection (b)(2). 2 (iii) 69.99% of the revenues deposited in the fund 3 under subsection (c)(1). 4 (iv) All revenues deposited into the fund under 5 subsection (c)(3). 6 (2) (i) Except as provided under subparagraph (ii), for 7 the program established under section 1514 (relating to asset 8 improvement program): 9 (A) By the proceeds of Commonwealth capital 10 bonds deposited into the fund under subsection 11 (c)(2). 12 (A.1) For fiscal year 2007-2008, $50,000,000 13 from the revenues received by the department under 75 14 Pa.C.S. Ch. 89 and the lease agreement executed 15 between the department and the Pennsylvania Turnpike 16 Commission under 75 Pa.C.S. § 8915.3. The amount 17 received by the department under this section shall 18 be deposited into the fund prior to distribution and 19 shall be in addition to the amounts received under 20 subsection (b)(1). 21 (B) For fiscal year 2008-2009, $100,000,000 from 22 the revenues received by the department under 75 23 Pa.C.S. Ch. 89 and the lease agreement executed 24 between the department and the Pennsylvania Turnpike 25 Commission under 75 Pa.C.S. § 8915.3. The amount 26 received by the department under this section shall 27 be deposited into the fund prior to distribution and 28 shall be in addition to the amounts received under 29 subsection (b)(1). 30 (C) For fiscal year 2009-2010, $150,000,000 from 20070H1878B2575 - 84 -
1 the revenues received by the department under 75 2 Pa.C.S. Ch. 89 and the lease agreement executed 3 between the department and the Pennsylvania Turnpike 4 Commission under 75 Pa.C.S. § 8915.3. The amount 5 received by the department under this section shall 6 be deposited into the fund prior to distribution and 7 shall be in addition to the amounts received under 8 subsection (b)(1). 9 (D) For fiscal year 2010-2011 and each fiscal 10 year thereafter, the amount calculated for the prior 11 fiscal year, increased by 2.5% from the revenues 12 received by the department under 75 Pa.C.S. Ch. 89 13 and the lease agreement executed between the 14 department and the Pennsylvania Turnpike Commission 15 under 75 Pa.C.S. § 8915.3. The amount received by the 16 department under this section shall be deposited into 17 the fund prior to distribution and shall be in 18 addition to the amounts received under subsection 19 (b)(1). 20 (ii) If the conversion notice is not received by the 21 secretary prior to the end of the conversion period as 22 set forth in 75 Pa.C.S. § 8915.3(3), no additional 23 allocation shall be made under subparagraph (i). 24 (3) For the program established under section 1516 25 (relating to programs of Statewide significance), 13.24% of 26 the revenues deposited in the fund under subsection (c)(1) 27 shall be allocated from the fund. 28 (4) For the program established under section 1517 29 (relating to capital improvements program), 16.77% of the 30 revenues deposited in the fund under subsection (c)(1). 20070H1878B2575 - 85 -
1 Additional funds for this program may be provided from the 2 funds allocated but not distributed based on the limitation 3 set forth under section 1513(c)(3). 4 § 1507. Application and approval process. 5 (a) Application.--An eligible applicant that wishes to 6 receive financial assistance under this chapter shall submit a 7 written application to the department, on a form developed by 8 the department, which shall include the following: 9 (1) The name and address of the applicant. 10 (2) The name and telephone number of a contact person 11 for the applicant. 12 (3) The amount and type of financial assistance 13 requested and the proposed use of the funds. 14 (4) A statement as to the particular need for the 15 financial assistance. 16 (5) A certified copy of a current resolution authorizing 17 submission of the application if the applicant is a governing 18 body. 19 (6) Evidence satisfactory to the department of the 20 commitment for matching funds required under this chapter 21 sufficient to match the projected financial assistance 22 payments at the same times that the financial assistance 23 payments are to be provided. 24 (7) Any other information the department deems necessary 25 or desirable. 26 (b) Approval and award.--Upon determining that an applicant 27 has complied with this chapter, applicable rules and regulations 28 and any other requirement with respect to the financial 29 assistance requested, the department may award financial 30 assistance to the applicant. If the department awards financial 20070H1878B2575 - 86 -
1 assistance to the applicant, the department and the applicant 2 shall enter into a financial assistance agreement setting forth 3 the terms and conditions governing the use of the financial 4 assistance and the timing of payment of the funds. The 5 department shall develop guidelines for the application for and 6 awarding of financial assistance under this chapter and shall 7 forward them to the Legislative Reference Bureau for publication 8 in the Pennsylvania Bulletin. 9 (c) Restriction on use of funds.--Financial assistance under 10 this chapter shall be used only for activities set forth under 11 the financial assistance agreement unless the department grants 12 the award recipient a waiver allowing the funds to be used for a 13 different purpose. The department's regulations shall describe 14 circumstances under which it will consider waiver requests and 15 shall set forth all information to be included in a waiver 16 request. The maximum duration of a waiver shall be one year, and 17 a waiver request shall include a plan of corrective action to 18 demonstrate that the award recipient does not have an ongoing 19 need to use financial assistance funds for activities other than 20 those for which funds were originally awarded. 21 § 1508. Federal funding. 22 (a) General rule.--The department shall administer the 23 program programs established under this chapter in a manner that 24 permits full cooperation between Federal, State and local 25 governments, agencies and instrumentalities, local 26 transportation organizations and private interests, so as to 27 result in as effective and economical a program as possible. 28 (b) Agreements.--The department may enter into agreements 29 for mutual cooperation between or among the department and a 30 Federal agency, local transportation organization or 20070H1878B2575 - 87 -
1 transportation company concerning a project to be funded with 2 financial assistance under this chapter, including joint 3 applications for Federal grants. 4 (c) General authority of department.--The department may do 5 anything necessary or desirable to secure financial aid or 6 cooperation of a Federal agency for a project funded with 7 financial assistance under this chapter and to comply with a 8 Federal statute or lawful requirement of a Federal agency 9 authorized to administer a program of Federal aid to 10 transportation. The department may enter into a protective 11 agreement with organized labor to the extent required under 49 12 U.S.C. § 5333 (relating to labor standards) in order to obtain 13 Federal grant money for transportation assistance. Protective 14 agreements shall be narrowly drawn and strictly construed to 15 provide no more than the minimum protections required by the 16 United States Department of Labor for the agreements. 17 (d) Direct recipients.--Local transportation organizations 18 that are direct recipients of Federal funding shall be under no 19 obligation to enter into contracts with the department for 20 expenditure of those funds, except that the department may 21 require a contract for expenditure of the State portion of the 22 project assisted by those Federal funds. 23 § 1509. Limitation on decisions, findings and regulations of 24 department. 25 All decisions, findings and regulations made by the 26 department pursuant to this chapter shall be for the purposes of 27 this chapter only and shall not constitute evidence before a 28 regulatory body of this Commonwealth or any other jurisdiction. 29 § 1510. Program oversight and administration. 30 (a) Review and oversight.--The department shall initiate and 20070H1878B2575 - 88 -
1 maintain a program of financial and performance review and 2 oversight for all programs receiving financial assistance under 3 this chapter. The department may perform independent financial 4 audits of each award recipient to ensure compliance by award 5 recipients with this chapter, department regulations and 6 policies and financial assistance agreements. Audits shall be 7 conducted in accordance with generally accepted auditing 8 standards. 9 (b) State Rail Transit Safety Inspection Program.--The 10 department may conduct a State Rail Transit Safety Inspection 11 Program, as may be defined from time to time by the Federal 12 Transit Administration, to meet oversight requirements of the 13 Federal Transit Administration. The public transportation modes 14 covered shall include heavy rail, light rail, trackless trolley 15 bus and inclined plane services and related facilities. 16 § 1511. Report to Governor and General Assembly. 17 The following shall apply: 18 (1) Except as provided in paragraph (2), the department 19 shall submit a public passenger transportation performance 20 report to the Governor and the General Assembly by April 30 21 of each year, covering the prior fiscal year. 22 (2) The report covering the 2005-2006 fiscal year shall 23 be submitted by July 31, 2007. 24 § 1512. Coordination. 25 Coordination is required in regions where two or more award 26 recipients have services or activities for which financial 27 assistance is being provided under this chapter to assure that 28 the services or activities are provided efficiently and 29 effectively. 30 § 1513. Operating program. 20070H1878B2575 - 89 -
1 (a) Eligible applicants.--The following may apply for 2 financial assistance for operating expenses under this section: 3 (1) The governing body of a municipality or an 4 instrumentality of a municipality. 5 (2) A Commonwealth agency or instrumentality. 6 (3) A local transportation organization. 7 (b) Applications.--In addition to information required under 8 section 1507 (relating to application and approval process), an 9 application for financial assistance under this section shall 10 include the applicant's reasonable estimates of operating 11 revenue and government subsidies sufficient to cover all 12 projected operating expenses. 13 (c) Distribution formula.-- 14 (1) No later than 15 business days after the effective 15 date of this section the department shall forward to the 16 Legislative Reference Bureau for publication in the 17 Pennsylvania Bulletin the base operating allocation for each 18 local transportation organization. 19 (1.1) For purposes of determining the amount of 20 assistance available for distribution under this subsection, 21 in addition to the amounts allocated under section 22 1506(e)(1)(relating to fund), an amount equal to the revenue 23 in the Public Transportation Assistance Fund dedicated 24 pursuant to law shall be included. 25 (2) For fiscal year 2007-2008 and each fiscal year 26 thereafter each qualifying local transportation organization 27 shall receive financial assistance which shall consist of the 28 following: 29 (i) Its base operating allocation multiplied by 30 1.0506. 20070H1878B2575 - 90 -
1 (ii) An additional amount which shall be allocated 2 based on the following distribution formula: 3 (A) Twenty-five percent of the award amount 4 shall be based on the number of passengers. The 5 actual amount received by each local transportation 6 organization under this clause shall be calculated as 7 follows: 8 (I) Multiply the total amount of funding 9 available for distribution under this paragraph 10 by 0.25. 11 (II) Multiply the product under subclause 12 (I) by the local transportation organization's 13 number of passengers. 14 (III) Divide the product under subclause 15 (II) by the total number of passengers for all 16 local transportation organizations. 17 (B) Ten percent of the award amount shall be 18 based on the number of senior passengers to offset 19 free fares for senior passengers. The actual amount 20 received by each local transportation organization 21 under this clause shall be calculated as follows: 22 (I) Multiply the total amount of funding 23 available for distribution under this paragraph 24 by 0.10. 25 (II) Multiply the product under subclause 26 (I) by the local transportation organization's 27 number of senior passengers. 28 (III) Divide the product under subclause 29 (II) by the total number of senior passengers for 30 all local transportation organizations. 20070H1878B2575 - 91 -
1 (C) Thirty-five percent of the award amount 2 shall be based on the number of revenue vehicle 3 hours. The actual amount received by each local 4 transportation organization under this clause shall 5 be calculated as follows: 6 (I) Multiply the total amount of funding 7 available for distribution under this paragraph 8 by 0.35. 9 (II) Multiply the product under subclause 10 (I) by the local transportation organization's 11 number of revenue vehicle hours. 12 (III) Divide the product under subclause 13 (II) by the total of the revenue vehicle hours 14 for all local transportation organizations. 15 (D) Thirty percent of the award amount shall be 16 based on the number of revenue vehicle miles. The 17 actual amount received by each local transportation 18 organization under this clause shall be calculated as 19 follows: 20 (I) Multiply the total amount of funding 21 available for distribution under this paragraph 22 by 0.30. 23 (II) Multiply the product under subclause 24 (I) by the local transportation organization's 25 number of revenue vehicle miles. 26 (III) Divide the product under subclause 27 (II) by the total number of revenue vehicle miles 28 for all local transportation organizations. 29 (3) For the 2007-2008 fiscal year, no local 30 transportation organization shall receive total financial 20070H1878B2575 - 92 -
1 assistance under this subsection that would be more than 50% 2 higher than the amount it receives under paragraph (2)(i). 3 For each subsequent fiscal year, the increase in the total 4 financial assistance provided to each local transportation 5 organization shall not exceed 20% of the prior year 6 allocation. 7 (c.1) Minimum.--No local transportation organization shall 8 receive financial assistance under this section in an amount 9 less than the amount received in the previous fiscal year. 10 (d) Local match requirements.-- 11 (1) For fiscal year 2007-2008 and each fiscal year 12 thereafter, except as provided under paragraph (2), financial 13 assistance provided under this section shall be matched by 14 local or private cash funding in an amount not less than the 15 greater of: 16 (i) 15% of the amount of the financial assistance 17 being provided; or 18 (ii) the amount required under former section 19 1311(d) (relating to use of funds distributed) for fiscal 20 year 2006-2007. 21 (2) Beginning in fiscal year 2007-2008 and each fiscal 22 year thereafter, if the local matching funds provided are 23 less than 15% of the amount of financial assistance received, 24 the local transportation organization's required local 25 matching funds shall increase annually in order to meet the 26 15% requirement set forth under paragraph (1)(i). The local 27 matching funds shall be increased annually by a minimum of 5% 28 above the amount of local matching funds provided in the 29 previous fiscal year unless a lesser amount is necessary to 30 meet the 15% requirement set forth under paragraph (1)(i). 20070H1878B2575 - 93 -
1 (3) Eligible local matching funds shall consist only of 2 cash contributions provided by one or more municipalities or 3 counties The amount of the match and the time period during 4 which the match must continue to be available shall be 5 specified in the financial assistance agreement. Funding 6 provided by local and private entities, including advertising 7 or naming rights, may qualify as local matching funds to the 8 extent they provide for the cost of transit service that is 9 open to the public. The following shall not be considered 10 local matching funds: 11 (i) Any form of transit operating revenue or other 12 forms of transit income provided by the local 13 transportation organization. 14 (ii) Funds used to replace fares. 15 (4) A municipality in a metropolitan area which is a 16 member of a local transportation organization is authorized 17 to provide annual financial assistance from current revenues 18 to the local transportation organization of which it is a 19 member or enter into a long-term agreement for payment of 20 money to assist in defraying the costs of operation, 21 maintenance and debt service of the local transportation 22 organization or of a particular public transportation project 23 of a local transportation organization. The obligation of a 24 municipality under an agreement pursuant to this paragraph 25 shall not be considered to be a part of the indebtedness of 26 the municipality, nor shall the obligation be deemed to 27 impair the status of any indebtedness of the municipality 28 which would otherwise be considered self-sustaining. 29 (e) Performance reviews.-- 30 (1) The department may conduct performance reviews of an 20070H1878B2575 - 94 -
1 award recipient under this section to determine the 2 effectiveness of the financial assistance. Reviews shall be 3 conducted at regular intervals as established by the 4 department in consultation with the management of the award 5 recipient. After completion of a review, the department shall 6 issue a report that: 7 (i) highlights exceptional performance and 8 identifies any problems that need to be resolved; 9 (ii) assesses performance, efficiency and 10 effectiveness of the use of the financial assistance; 11 (iii) makes recommendations on follow-up actions 12 required to remedy any problem identified; and 13 (iv) provides an action plan documenting who should 14 perform the recommended actions and a time frame within 15 which they should be performed. 16 (2) The department shall deliver the report to the 17 Governor, to the chairman and minority chairman of the 18 Transportation Committee of the Senate and to the chairman 19 and minority chairman of the Transportation Committee of the 20 House of Representatives. The department's regulations shall 21 contain a description of the impact on both the amount of, 22 and future eligibility for, financial assistance under this 23 chapter based upon the degree to which the local 24 transportation organization complies with the recommendations 25 in the report. The department shall develop a list of best 26 practices revealed by the reports issued under this 27 subsection and shall post them on the department's Internet 28 website. 29 (f) Performance criteria.--Criteria used for the reviews 30 conducted under subsection (e) shall consist of passengers per 20070H1878B2575 - 95 -
1 revenue vehicle hour, operating costs per revenue vehicle hour, 2 operating revenue per revenue vehicle hour, operating costs per 3 passenger and other items as the department may establish. The 4 department's regulations shall set forth the minimum system 5 performance criteria, based upon comparison of the award 6 recipient to its past performance and to its peers, that an 7 award recipient must satisfy. 8 (g) Failure to satisfy minimum performance criteria.-- 9 (1) If a performance review conducted under subsection 10 (e) reveals that the performance of an award recipient's 11 transportation system has decreased compared to performance 12 determined through a prior review, the department may, upon 13 the written request of an award recipient, waive any 14 requirement for a reduction in the amount of financial 15 assistance to be awarded under this section for a reasonable 16 time period to allow the award recipient to bring the system 17 back to the required performance level. The award recipient 18 shall provide written justification for providing a time 19 period longer than two years. In order to obtain the waiver 20 for the period requested, the award recipient must do all of 21 the following: 22 (i) Develop an action plan to improve system 23 performance that contains key measurable milestones. The 24 action plan must be acceptable to the department and must 25 be approved by the department in writing. 26 (ii) Submit quarterly progress reports on the action 27 plan to the department. 28 (2) The department shall review and evaluate the award 29 recipient's progress to determine if the system has improved. 30 If the system has improved, the award recipient will remain 20070H1878B2575 - 96 -
1 eligible for full formula funding as determined under 2 subsection (c). If the system has not improved by the end of 3 the waiver period, the waiver will be withdrawn. Expenses 4 incurred by the award recipient as a result of the failure of 5 the award recipient's system to meet the minimum performance 6 criteria shall be borne by the award recipient. 7 (h) Adjustments to minimum performance criteria.--Upon 8 written request of an award recipient, the department may adjust 9 the minimum performance criteria described in subsection (g) in 10 a given year if the performance of the award recipient's system 11 is adversely affected by circumstances which are beyond the 12 award recipient's control. Examples are labor strikes, 13 infrastructure failures and natural disasters. The request must 14 include the award recipient's reasons for seeking the 15 adjustment. 16 § 1514. Asset improvement program. 17 (a) Eligible applicants.-- 18 (1) The following may apply for financial assistance for 19 improvement, replacement or expansion of capital projects 20 under this section: 21 (i) A local transportation organization. 22 (ii) An agency or instrumentality of the 23 Commonwealth. 24 (iii) A person responsible for coordinating 25 community transportation program services. 26 (iv) Any other person the department deems to be 27 eligible. 28 (2) The department shall develop and maintain four-year 29 and 12-year plans that summarize the capital projects and 30 financial assistance commitments for each applicant. The 20070H1878B2575 - 97 -
1 department may enter into multiyear agreements to provide 2 financial assistance for capital projects based upon cash 3 flow and revenue projections for the fund. Each capital 4 project shall be based on the plan developed by the 5 department. 6 (b) Applications.--In addition to information required under 7 section 1507 (relating to application and approval process), an 8 application for financial assistance under this section shall 9 include the following: 10 (1) Evidence satisfactory to the department that the 11 proposed capital project is included in the first year of the 12 applicant's four-year capital plan and its federally approved 13 transportation improvement program. 14 (2) If an applicant is requesting financial assistance 15 for replacement of a capital project, evidence satisfactory 16 to the department that the capital project to be replaced has 17 exceeded the useful life criteria as defined by the 18 department. At its discretion, the department may approve 19 funding to replace a capital project that does not exceed the 20 useful life criteria if the applicant provides documentation 21 acceptable to the department to justify the early replacement 22 of the capital project. 23 (3) If the applicant is requesting financial assistance 24 for expansion of a capital project, evidence satisfactory to 25 the department that the applicant will have sufficient future 26 annual operating funds to support the proposed expansion. 27 (4) Any other information required by the department, 28 including a return on investment analysis or a life cycle 29 cost analysis, or both. 30 (c) Local match requirements.--Financial assistance under 20070H1878B2575 - 98 -
1 this section shall be matched by local or private cash funding 2 in an amount not less than 3.33% of the amount of the financial 3 assistance being provided. The source of funds for the local 4 match shall be subject to the requirements of section 1513(d)(3) 5 (relating to operating program). 6 (d) Conditions for receipt of bond funding.--Financial 7 assistance that is funded by proceeds of Commonwealth capital 8 bonds may be provided to an applicant if all of the following 9 conditions are met: 10 (1) The applicant's capital project has been authorized 11 by a capital budget project itemization act. 12 (2) The applicant's capital project was included in the 13 department's approved annual release request approving the 14 use of the funds for the proposed capital project in the 15 fiscal year in which the funds are expected to be expended. 16 (3) The department has approved the underlying 17 application for the capital project. 18 (e) Priorities.--The award of financial assistance under 19 this section shall be subject to the following set of priorities 20 in descending order of significance unless a compelling return 21 on investment analysis for a project in a lower category is 22 provided to and approved by the department: 23 (1) Requests for funds required to support existing 24 local bond issues currently supported with State revenue 25 sources, such as debt service and asset leases. The 26 Commonwealth pledges to and agrees with any person, firm or 27 corporation holding any bonds previously issued by, or any 28 other debt incurred by, a local transportation organization, 29 and secured in whole or part by a pledge of the funds 30 provided to the local transportation organization from the 20070H1878B2575 - 99 -
1 fund that the Commonwealth will not limit or alter rights 2 vested in a local transportation organization in any manner 3 inconsistent with obligations of the local transportation 4 organization to the obligees of the local transportation 5 organization until all bonds previously issued or other debt 6 incurred, together with the interest thereon, is fully paid 7 or provided for. 8 (2) Requests for funds required to match federally 9 approved capital projects funded under 49 U.S.C. §§ 5307 10 (relating to urbanized area formula grants) and 5309 11 (relating to capital investment grants and loans) and other 12 federally approved capital projects. 13 (3) Other non-Federal capital projects as determined by 14 the department, which shall be further subject to the 15 following set of priorities in descending order of 16 significance: 17 (i) Essential emergency asset improvement projects. 18 (ii) Standard replacement of existing assets that 19 have exceeded their useful life. 20 (iii) Asset improvement projects to extend the 21 useful life of the affected assets. 22 (iv) Acquisition of new assets and other acceptable 23 purposes, other than projects to be funded under the new 24 initiatives program described in section 1515 (relating 25 to new initiatives program), as determined by the 26 department. 27 (f) Bonding by award recipients.--With the approval of the 28 department, an award recipient that is permitted by law to issue 29 bonds may do so for the purpose of financing a multiyear capital 30 project. The department shall enter into an agreement with the 20070H1878B2575 - 100 -
1 award recipient providing that payments of the awarded funds 2 sufficient to satisfy requirements of the bonds issued be made 3 directly to the trustee of the bond holders until such time as 4 the bonds are retired. 5 § 1515. New initiatives program. 6 (a) Eligible applicants.--Persons eligible to apply for 7 financial assistance under section 1514 (relating to asset 8 improvement program) shall also be eligible to apply for 9 financial assistance for new or expansions of fixed guideway 10 systems under this section. 11 (b) Applications.--In addition to the information required 12 under section 1507 (relating to application and approval 13 process), an application for financial assistance under this 14 section shall include all of the information required in an 15 application for financial assistance under section 1514 16 (relating to asset improvement program). If the application is 17 for a proposed expansion of a capital project, the application 18 shall also include evidence satisfactory to the department that 19 the applicant will have sufficient future annual operating funds 20 to support the proposed expansion. 21 (c) Source of funds and priorities.-- 22 (1) Sums allocated for the asset improvement program 23 under section 1506(e)(2) (relating to fund), up to a maximum 24 of $50,000,000 annually, may be used by the department to 25 provide financial assistance under this section. 26 (2) In awarding financial assistance under this section, 27 the department shall give priority to applicants that intend 28 to use the funds to satisfy the local matching portion of 29 federally approved New Starts projects funded pursuant to 49 30 U.S.C. § 5309 (relating to capital investment grants and 20070H1878B2575 - 101 -
1 loans). The department may fund projects that do not receive 2 funding from the Federal New Starts Program if the applicant 3 can provide sufficient evidence that the project can meet all 4 of the following requirements: 5 (i) Investments in existing service areas have been 6 optimized. 7 (ii) An analysis reveals a reasonable return on 8 investment. 9 (iii) The public benefit of the project has been 10 identified. 11 (iv) There exists a local dedicated funding commitment 12 to pay any required local match for the project and ongoing 13 operating costs. 14 (v) There exists local technical ability and capacity to 15 manage, construct and operate the project. 16 (vi) The project is supported by the adoption of an 17 integrated land use plan by local municipalities. 18 (d) Local match requirement.--Financial assistance under 19 this section shall be matched by local or private cash funding 20 in an amount not less than 3.33% of the amount of the financial 21 assistance being provided. The source of funds for this local 22 match shall be subject to the requirements of section 1513(d)(3) 23 (relating to operating program). 24 § 1516. Programs of Statewide significance. 25 (a) General rule.--Money in the fund allocated for programs 26 of Statewide significance shall be used by the department to 27 support public transportation programs, activities and services 28 not otherwise fully funded through the operating program, 29 capital program or asset improvement program. In addition to any 30 requirements contained in this section, applications must comply 20070H1878B2575 - 102 -
1 with section 1507 (relating to application and approval 2 process). Programs of Statewide significance shall include: 3 (1) The Persons with Disabilities Program. 4 (2) Intercity passenger rail and bus services. 5 (3) Community transportation capital and service 6 stabilization. 7 (4) The Welfare to Work Program and matching funds for 8 Federal programs with similar intent. 9 (5) Demonstration and research projects. 10 (6) Technical assistance. 11 (7) Other programs as determined by the department. 12 (8) The department's costs under section 1510(b) 13 (relating to program oversight and administration) and 14 section 1518 (relating to program oversight and 15 administration). 16 (b) Persons with disabilities.--The department shall 17 establish and administer a program providing reduced fares to 18 persons with disabilities on community transportation services 19 and to provide financial assistance for start-up, administrative 20 and capital expenses related to reduced fares for persons with 21 disabilities. All of the following shall apply: 22 (1) A community transportation system operating in the 23 Commonwealth other than in counties of the first and second 24 class may apply for financial assistance under this 25 subsection. 26 (2) The department may award financial assistance under 27 this subsection for program start-up and for continuing 28 capital expenses to offset administrative and capital 29 expenses. For community transportation trips made by eligible 30 persons with disabilities, financial assistance may be 20070H1878B2575 - 103 -
1 awarded to an eligible community transportation system to 2 reimburse the system for up to 85% of the fare established 3 for the general public for each trip which is outside of a 4 fixed-route and paratransit service areas and not eligible 5 for funding from any other program or funding source. The 6 person making the trip or an approved third-party sponsor 7 shall contribute the greater of 15% of the fare established 8 for the general public or the Americans with Disabilities Act 9 complementary paratransit fare. 10 (c) Intercity transportation.--The department is authorized 11 to provide financial assistance for an efficient and coordinated 12 intercity common carrier surface transportation program, 13 consisting of both intercity passenger rail service and 14 intercity bus service transportation, with the intent of 15 sustaining strong intercity connections. All of the following 16 shall apply: 17 (1) An intercity passenger rail service provider, a 18 local transportation organization, an agency or 19 instrumentality of the Commonwealth or a transportation 20 company that provides intercity public transportation service 21 may apply for financial assistance under this subsection. The 22 department is authorized to enter into joint service 23 agreements with a railroad company, any other agency or 24 instrumentality of the Commonwealth, a Federal agency or an 25 agency or instrumentality of any other jurisdiction relating 26 to property, buildings, structures, facilities, services, 27 rates, fares, classifications, dividends, allowances or 28 charges, including charges between intercity rail passenger 29 service facilities, or rules or regulations pertaining 30 thereto, for or in connection with or incidental to 20070H1878B2575 - 104 -
1 transportation in whole or in part upon intercity rail 2 passenger service facilities. 3 (2) Operating assistance and capital assistance may be 4 provided for intercity bus service and intercity passenger 5 rail service as determined by the department. 6 (3) For financial assistance to a transportation 7 company, eligible matching funds shall consist only of cash 8 income generated by the transportation company from its 9 activities, other than the provision of subsidized public 10 passenger transportation service, and contributed by the 11 transportation company in the amount and for the time period 12 specified in the financial assistance agreement. 13 (4) Local match requirements are as follows: 14 (i) For intercity bus service operating and capital 15 assistance, financial assistance shall require a local 16 match by local or private cash funding in an amount equal 17 to at least 100% of the amount of the financial 18 assistance being provided. 19 (ii) For intercity passenger rail service operating 20 and capital assistance, financial assistance shall 21 require a local match on a case-by-case basis, taking 22 into account the best interests of the Commonwealth. 23 (5) For purposes of this subsection, "local match" is 24 defined as local revenue obtained from other nonsubsidized 25 services, such as charter, school bus or profits realized 26 from other intercity bus services. Local match shall not 27 include any funds received from Federal or State sources. 28 (d) Community transportation.-- 29 (1) The department is authorized to provide financial 30 assistance under this section for all of the following: 20070H1878B2575 - 105 -
1 (i) Capital expenditures for the provision of 2 community transportation service; and 3 (ii) service stabilization, including: 4 (A) Stabilizing current service and fares. 5 (B) Providing advice or technical assistance to 6 analyze and enhance community transportation system 7 resources and services. 8 (C) Maximizing available funding including 9 Federal dollars. 10 (D) Ensuring equitable cost sharing. 11 (2) Subject to the limitations of this subsection, the 12 following may apply for financial assistance under this 13 subsection: 14 (i) The governing body of a county, other than a 15 county of the first or second class. 16 (ii) A transportation company designated by the 17 governing body of the county as the coordinator of 18 community transportation service. 19 (iii) An agency or instrumentality of the 20 Commonwealth. 21 (2.1) Each eligible applicant shall be subject to all of 22 the following requirements: 23 (i) An applicant for financial assistance for 24 capital expenditures for the provision of public 25 community transportation service shall certify to the 26 department that it has taken all reasonable steps to 27 coordinate local service for the elderly and persons with 28 disabilities and that the services to be offered with the 29 capital assets do not duplicate existing fixed-route 30 services. 20070H1878B2575 - 106 -
1 (ii) The governing body of a county or the 2 coordinator described under this paragraph shall not be 3 eligible for financial assistance for service 4 stabilization if any of the following apply: 5 (A) The coordinator receives financial 6 assistance under the operating program established 7 under this chapter. 8 (B) The coordinator is a private for-profit 9 provider. 10 (3) Financial assistance for service stabilization may 11 only be provided for the following purposes: 12 (i) Short-term, long-term and strategic planning. 13 (ii) Technology investment. 14 (iii) Training programs designed to enhance 15 transportation management and staff expertise. 16 (iv) Offsetting operating expenses that cannot be 17 covered by fare revenue due to emergencies. 18 (v) Marketing activities. 19 (vi) Other stabilization purposes approved by the 20 department. 21 (4) The department shall give high priority to providing 22 financial assistance under this subsection as match for 23 Federal funding to support capital projects for community 24 transportation systems. 25 (5) The department shall conduct a study to evaluate the 26 effectiveness and efficiency of community transportation 27 service delivery as it relates to human service programs. The 28 Department of Public Welfare, the Office of the Budget and 29 the Department of Aging and other appropriate Commonwealth 30 agencies identified by the department shall participate in 20070H1878B2575 - 107 -
1 the study. Within two years following the effective date of 2 this section, these agencies shall make recommendations to 3 the Governor and the Majority and Minority chairpersons of 4 the Transportation Committee of the Senate and the Majority 5 and Minority chairpersons of the Transportation Committee of 6 the House of Representatives for improving coordination and 7 efficiency of human services and community transportation. 8 (d.1) Welfare-to-work and Federal programs match.--The 9 department is authorized to provide financial assistance under 10 this section to design and implement projects and services and 11 to reimburse award recipients for the expenses associated with 12 the projects and services that identify and address public 13 passenger transportation and related barriers preventing 14 individuals eligible for participation in the Federal welfare- 15 to-work program from securing and maintaining employment and 16 from accessing community services and facilities. All of the 17 following shall apply: 18 (1) A local transportation organization, a 19 transportation company designated by a county as the 20 coordinator of community transportation services or any other 21 person approved by the department may apply to the department 22 for financial assistance under this subsection. 23 (2) Financial assistance awarded under this subsection 24 shall be used for any of the following purposes: 25 (i) Fixed-route service subsidy. 26 (ii) Contracted transportation services. 27 (iii) Fixed-route fare discounts. 28 (iv) Community transportation fare discounts. 29 (v) Taxi fare discounts. 30 (vi) Mileage reimbursement. 20070H1878B2575 - 108 -
1 (vii) Vehicle purchase, insurance, maintenance and 2 repair. 3 (viii) Driver education classes. 4 (ix) Administrative expenses. 5 (x) Case management expenses. 6 (xi) Any other activities consistent with the 7 transportation related elements of the welfare-to-work 8 program. 9 (3) The department shall give high priority to providing 10 financial assistance under this subsection as match for 11 Federal funding to support projects with similar purposes and 12 eligible uses, including the Federal Job Access Reverse 13 Commute and New Freedoms programs. 14 (e) Technical assistance and demonstration.--The department 15 is authorized to provide financial assistance under this section 16 for technical assistance, research and short-term demonstration 17 projects. All of the following shall apply: 18 (1) A local transportation organization or an agency or 19 instrumentality of the Commonwealth may apply to the 20 department for financial assistance under this subsection. 21 (2) Financial assistance provided under this subsection 22 may be used for reimbursement for any approved operating or 23 capital costs related to technical assistance and 24 demonstration program projects. Financial assistance for 25 short-term demonstration projects may be provided at the 26 department's discretion on an annual basis based on the level 27 of financial commitment provided by the award recipient to 28 provide ongoing future funding for the project as soon as the 29 project meets the criteria established by the department and 30 the award recipient. Financial assistance for this purpose 20070H1878B2575 - 109 -
1 shall not be provided for more than three fiscal years. 2 Financial assistance may be provided to meet any short-term 3 emergency need that requires immediate attention and cannot 4 be funded through other sources. 5 (3) Financial assistance under this subsection provided 6 to a local transportation organization shall be matched by 7 local or private cash funding in an amount not less than 8 3.33% of the amount of the financial assistance being 9 provided. The sources of funds for the local match shall be 10 subject to the requirements of section 1513(d)(3) (relating 11 to operating program). 12 § 1517. Capital improvements program. 13 (a) Eligibility.--A local transportation organization may 14 apply for financial assistance under this section. 15 (b) Applications.--The department shall establish the 16 contents of the application for the program established under 17 this section. The information shall be in addition to 18 information required under section 1507 (relating to application 19 and approval process). 20 (c) Distribution formula.--The department shall award 21 financial assistance under this section based on the number of 22 passengers. The actual amount awarded to a local transportation 23 organization under this subsection shall be calculated as 24 follows: 25 (1) Multiply the local transportation organization's 26 passengers by the total amount of funding available under 27 this section. 28 (2) Divide the product under paragraph (1) by the sum of 29 the passengers for all qualifying local transportation 30 organizations. 20070H1878B2575 - 110 -
1 (d) Payments.--Financial assistance under this section shall 2 be paid to local transportation organizations at least 3 quarterly. 4 (e) Reduction in financial assistance.--Financial assistance 5 provided to a local transportation organization under this 6 section shall be reduced by any financial assistance received 7 previously under this section which has not been spent or 8 committed in a contract within three years of its receipt. 9 § 1518. Program oversight and administration. 10 The department is authorized to use available money in the 11 fund to cover the costs incurred by the department in 12 administering all of its public passenger transportation funding 13 programs, including those established under this chapter, and 14 incurred in the carrying out of its responsibilities with 15 respect to the programs. 16 § 1519. Retroactive authority. 17 (a) Date of project.--Financial assistance may be awarded 18 under this chapter by the department with reference to an 19 appropriate project irrespective of when it was first commenced 20 or considered and regardless of whether costs with respect to 21 the project were incurred prior to the time the financial 22 assistance is applied for or provided. 23 (b) Capital projects.-- 24 (1) For capital projects, the applicant must obtain 25 written approval from the department prior to incurring any 26 expenses for which the applicant may later seek 27 reimbursement. 28 (2) Notwithstanding paragraph (1), approval by the 29 department shall not constitute an approval of the 30 applicant's underlying request for financial assistance. 20070H1878B2575 - 111 -
1 (3) By providing preapproval under this subsection, the 2 department may recognize any local funds already expended as 3 satisfying the local match requirement if and when the 4 applicant's application is approved. 5 § 1520. Evaluation of private investment opportunities. 6 (a) Study.--A local transportation organization receiving 7 funding in an amount greater than $5,000,000 annually under this 8 chapter shall undertake a study to evaluate the feasibility of 9 utilizing partnerships with private service providers and 10 financial partners as a method to operate and finance new or 11 existing services. Within one year following the effective date 12 of this section, each local transportation organization required 13 to evaluate private participation under this section shall 14 submit a report to the secretary and the majority chairperson 15 and minority chairperson of the Transportation Committee of the 16 Senate and the majority chairperson and minority chairperson of 17 the Transportation Committee of the House of Representatives. 18 (b) Report.--The report shall, at a minimum, include the 19 results of the evaluation, a determination of the viability of 20 greater private partnering and any recommendations about how to 21 achieve greater participation from the private sector. 22 (c) Preclusion.--Nothing in this section shall preclude a 23 local transportation organization receiving less than $5,000,000 24 annually under this chapter from making an evaluation of greater 25 private involvement in their operations. 26 CHAPTER 81 27 TURNPIKE 28 § 8101. Scope of chapter. 29 This chapter relates to turnpike organization, extension and 30 toll road conversion. 20070H1878B2575 - 112 -
1 § 8102. Definitions. 2 The following words and phrases when used in this chapter 3 shall have the meanings given to them in this section unless the 4 context clearly indicates otherwise: 5 "Commission." The Pennsylvania Turnpike Commission. 6 "Cost of the department." The term includes the costs of all 7 of the following: 8 (1) Constructing, reconstructing, widening, expanding or 9 extending the State highway and rural State highway system 10 and connecting roads, tunnels and bridges. 11 (2) Systems of public passenger transportation or 12 portions of the systems, the placing of the systems in 13 operation and the condemnation of property necessary for 14 construction and operation of the systems. 15 (3) Lands, property rights, rights-of-way, easements and 16 franchises acquired, which are deemed necessary or convenient 17 for the construction, reconstruction, widening, expanding or 18 extending under paragraph (1) or (2). 19 (4) Machinery and equipment, financing charges, interest 20 prior to and during construction and for one year after 21 completion of construction. 22 (5) Any of the following: 23 (i) Traffic estimates, engineering and legal 24 expenses, plans, specifications, surveys, estimates of 25 cost and of revenues. 26 (ii) Other expenses necessary or incident to 27 determining the feasibility or practicability of the 28 enterprise. This subparagraph includes administrative and 29 legal expenses. 30 (iii) Other expenses as may be necessary or incident 20070H1878B2575 - 113 -
1 to the financing authorized under this chapter, the 2 construction, reconstruction, widening, expanding or 3 extending of the State highway and the rural State 4 highway system and connecting roads, tunnels and bridges. 5 (6) Any obligation or expense contracted for by the 6 department or with the United States or an agency of the 7 United States, for traffic surveys, preparation of plans and 8 specifications, supervision of construction and other 9 engineering, administrative and legal services and expenses 10 in connection with the construction, reconstruction, 11 widening, expanding or extending of the State highway and 12 rural State highway system or any of the connecting roads, 13 tunnels and bridges or the costs of the systems of public 14 passenger transportation or portions of the systems. 15 (7) Payment of any notes or other obligations if the 16 notes or other obligations were issued for the payment of a 17 cost of the department. 18 "Cost of the turnpikes." The term includes the cost of: 19 (1) Constructing, reconstructing, widening, expanding or 20 extending turnpikes, connecting roads, storm water management 21 systems, buildings, interchanges, slip ramps, tunnels and 22 bridges. 23 (2) Lands, property rights, rights-of-way, easements and 24 franchises acquired by purchase or other means deemed 25 necessary or convenient for construction. 26 (3) Machinery and equipment, financing charges and 27 interest. 28 (4) Traffic estimates, engineering and legal expenses, 29 plans, specifications, surveys, cost and revenue estimates, 30 other expenses necessary or incident to determining the 20070H1878B2575 - 114 -
1 feasibility or practicability of the enterprise, 2 administrative and legal expense and other expenses as may be 3 necessary or incident to the financing authorized in this 4 chapter. 5 (5) Condemnation or other means of acquisition of 6 property necessary for the construction and operation of the 7 turnpikes. 8 (6) An obligation or expense contracted for by the 9 commission with the department or with the United States or a 10 Federal agency for any of the following: 11 (i) Traffic surveys, preparation of plans and 12 specifications, supervision of construction and other 13 engineering and administrative and legal services and 14 expenses in connection with the construction, 15 reconstruction, widening, expansion or extension of the 16 turnpike or any of the connecting roads, storm water 17 management systems, interchanges, slip ramps, tunnels and 18 bridges. 19 (ii) Costs of reimbursing the Federal Government 20 pursuant to the mandates of the Federal law for Federal 21 funds expended for interstate or other highways which are 22 to be made part of the turnpike system pursuant to this 23 chapter. 24 (7) Any portion of the scheduled annual commission 25 contribution required to be paid by the commission under 75 26 Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike). 27 "Department." The Department of Transportation of the 28 Commonwealth. 29 "Electronic toll collection." A system of collecting tolls 30 or charges that is capable of charging an account holder for the 20070H1878B2575 - 115 -
1 prescribed toll by electronic transmission of information 2 between a device on a vehicle and a device in a toll lane at a 3 toll collection facility. 4 "Lessee." A person, corporation, firm, partnership, agency, 5 association or organization that rents, leases or contracts for 6 the use of a vehicle and has exclusive use of the vehicle for 7 any period of time. 8 "Lessor." A person, corporation, firm, partnership, agency, 9 association or organization engaged in the business of renting 10 or leasing vehicles to any lessee under a rental agreement, 11 lease or other agreement under which the lessee has the 12 exclusive use of the vehicle for any period of time. 13 "Operator." An individual that uses or operates a vehicle 14 with or without permission of the owner. 15 "Owner." Except as provided under section 8117(e) (relating 16 to electronic toll collection), an individual, copartnership, 17 association or corporation having title or interest in a 18 property right, easement or franchise authorized to be acquired 19 under this chapter. 20 "Public passenger transportation." Transportation within an 21 area that includes a municipality or other built up place that 22 is appropriate in the judgment of the Department of 23 Transportation to serve commuters or others in the locality 24 taking into consideration the local patterns and trends of 25 growth by bus or rail or other conveyance, either publicly or 26 privately owned, serving the general public. The term does not 27 include school buses, charter or sightseeing services. 28 "Rural State highway system." All roads and highways taken 29 over by the Commonwealth as State highways under the provisions 30 of the act of June 22, 1931 (P.L.594, No.203), referred to as 20070H1878B2575 - 116 -
1 the Township State Highway Law, and all other roads and highways 2 specifically designated by the Secretary of the Commonwealth as 3 rural State highways. 4 "Secretary." The Secretary of Transportation of the 5 Commonwealth. 6 "State highway." All roads and highways taken over by the 7 Commonwealth as State highways under the provisions of any 8 statute other than the act of June 22, 1931 (P.L.594, No.203), 9 referred to as the Township State Highway Law. Unless clearly 10 intended, the term shall not include any street in any city, 11 borough or incorporated town, even though the street may have 12 been taken over as a State highway. 13 "System of public passenger transportation." A system of 14 public passenger transportation, including rail transportation 15 facilities used for public passenger transportation, which may 16 include the any of following: 17 (1) Railway, street railway, subway, elevated and 18 monorail passenger or passenger and rail rolling stock, 19 including self-propelled and gallery cars, locomotives, 20 passenger buses and wires, poles and equipment for the 21 electrification of any of the rails, tracks and roadbeds, 22 guideways, elevated structures, buildings, stations, 23 terminals, docks, shelters and parking areas for use in 24 connection with the rail transportation systems, 25 interconnecting lines and tunnels to provide passenger or 26 passenger and rail service connections between transportation 27 systems, transportation routes, corridors and rights-of-way 28 therefor, but not for public highways. 29 (2) Signal and communication systems necessary or 30 desirable for the construction, operation or improvement of a 20070H1878B2575 - 117 -
1 public passenger transportation system. 2 (3) Any improvement or overhaul of any vehicle equipment 3 or furnishings of any of the items specified under paragraphs 4 (1) and (2) or any part or fractional and undivided co- 5 ownership or leasehold interest in any one or combination of 6 any of the items specified under paragraphs (1) and (2) that 7 may be designated as a system of public passenger 8 transportation by the Secretary of Transportation. 9 "Toll road conversion." The inclusion within the turnpike 10 system and the imposition of tolls on the system of a highway 11 that is presently toll free. 12 "Turnpikes." Any of the following: 13 (1) The turnpike, turnpike extensions and turnpike 14 improvements. 15 (2) Toll-free roads converted or to be converted to toll 16 roads under this chapter. 17 (3) Related storm water management systems, 18 interchanges, slip ramps, tunnels and bridges, property 19 rights, easements and franchises deemed necessary or 20 convenient for the construction, reconstruction, widening, 21 expansion, extension or the operation of the turnpike, 22 turnpike extension, turnpike improvement and toll-free roads. 23 "Vehicle." The term as it is defined under 75 Pa.C.S. § 102 24 (relating to definitions). 25 "Violation enforcement system." A vehicle sensor, placed in 26 a location to work in conjunction with a toll collection 27 facility, which automatically produces a videotape or 28 photograph, microphotograph or other recorded image of the rear 29 portion of each vehicle at the time the vehicle is used or 30 operated in violation of the toll collection regulations. The 20070H1878B2575 - 118 -
1 term includes any other technology which identifies a vehicle by 2 photographic, electronic or other method. 3 § 8103. (Reserved). 4 § 8104. Status of turnpike revenue bonds, notes or other 5 obligations. 6 (a) General rule.--The turnpike revenue bonds, notes or 7 other obligations issued under the provisions of this chapter 8 shall not be deemed to be a debt of the Commonwealth or a pledge 9 of the faith and credit of the Commonwealth, but bonds, notes or 10 other obligations shall be payable solely from the revenues of 11 the commission, including tolls, or from funds as may be 12 available to the commission for that purpose. 13 (b) Statement required.--All bonds, notes or other 14 obligations shall contain a statement on their face that the 15 Commonwealth is not obligated to pay the same or the interest 16 thereon except from revenues of the commission, including tolls, 17 or from funds as may be available to the commission for that 18 purpose and that the faith and credit of the Commonwealth is not 19 pledged to the payment of the principal or interest of the 20 bonds, notes or other obligations. 21 (c) Pledge of Commonwealth prohibited.--The issuance of 22 turnpike revenue bonds, notes or other obligations under the 23 provisions of this chapter shall not directly or indirectly or 24 contingently obligate the Commonwealth to levy or to pledge any 25 form of taxation or to make any appropriation for their payment. 26 § 8105. Commission. 27 (a) (Reserved). 28 (b) Vacancies and terms.-- 29 (1) Notwithstanding any other law, any vacancy in the 30 membership of the commission shall be filled by appointment 20070H1878B2575 - 119 -
1 of the Governor by and with the advice and consent of two- 2 thirds of the members elected to the Senate. 3 (2) The appointed member shall serve for a term of four 4 years. Upon the expiration of this term, the appointed member 5 may continue to hold office until his successor shall be duly 6 appointed and qualified. 7 (c) (Reserved). 8 (d) Secretary.--The provisions of subsection (a) shall not 9 apply to the appointment of the secretary who shall continue to 10 be appointed and to serve as a member of the commission ex 11 officio in accordance with law. 12 (e) Chairman.--A majority of the members of the commission 13 shall elect a member of the commission to serve as chairman. 14 Upon the appointment and qualification of any new member to 15 serve on the commission, the office of chairman, and the 16 positions of all other officers created by law, shall be deemed 17 vacant, and a new chairman and other officers shall be elected 18 by a majority of the members of the commission. 19 (f) Actions by the commission.--Notwithstanding any other 20 law, court decision, precedent or practice to the contrary, any 21 and all actions by or on behalf of the commission shall be taken 22 solely upon the approval of a majority of the members to the 23 commission. The term "actions by or on behalf of the 24 commission," as used in this subsection, means any action 25 whatsoever of the commission, including, but not limited to, the 26 hiring, appointment, removal, transfer, promotion or demotion of 27 any officers and employees; the retention, use or remuneration 28 of any advisors, counsel, auditors, architects, engineers or 29 consultants; the initiation of any legal action; the making of 30 any contracts, leases, agreements, bonds, notes or covenants; 20070H1878B2575 - 120 -
1 the approval of requisitions, purchase orders, investments and 2 reinvestments; and the adoption, amendment, revision or 3 rescission of any rules and regulations, orders or other 4 directives. The chairman, vice chairman or any other officer or 5 employee of the commission may take no action by or on behalf of 6 the commission except as expressly authorized by a majority of 7 the members of the commission. 8 (g) Compensation.--The annual salary of the Chairman of the 9 Pennsylvania Turnpike Commission shall be $28,500, and the 10 annual salary of the remaining members of the Pennsylvania 11 Turnpike Commission shall be $26,000. These salaries shall be 12 paid in equal installments every other week. 13 § 8106. Exercise of commission powers. 14 The exercise by the commission of the powers conferred by 15 this chapter in the construction, operation and maintenance of 16 the turnpikes and in effecting toll road conversions shall be 17 deemed and held to be an essential governmental function of the 18 Commonwealth. 19 § 8107. Commission powers and duties. 20 (a) Powers and duties of commission.--The commission may: 21 (1) Maintain a principal office at a place designated by 22 the commission. 23 (2) Contract and be contracted with in its own name. 24 (3) Sue and be sued in its own name, plead and be 25 impleaded. Any civil action against the commission shall be 26 brought only in the courts in which actions may be brought 27 against the Commonwealth. 28 (4) Have an official seal. 29 (5) Make necessary rules and regulations for its own 30 governance and in control of traffic. 20070H1878B2575 - 121 -
1 (6) Acquire, hold, accept, own, use, hire, lease, 2 exchange, operate and dispose of personal property, real 3 property and interests in real property and make and enter 4 into all contracts and agreements necessary or incidental to 5 the performance of its duties and the execution of its powers 6 under this chapter and employ engineering, traffic, 7 architectural and construction experts and inspectors, 8 attorneys and other employees as may in its judgment be 9 necessary and fix their compensation. 10 (7) Provide grade separations at its own expense with 11 respect to all public roads, State highways and interstate 12 highways intersected by the turnpikes and to change and 13 adjust the lines and grades thereof so as to accommodate the 14 same to the design for grade separation. 15 (i) The damages incurred in changing and adjusting 16 the lines and grades of public roads, State highways and 17 interstate highways shall be ascertained and paid by the 18 commission in accordance with 26 Pa.C.S. (relating to 19 eminent domain). 20 (ii) If the commission shall find it necessary to 21 provide a grade separation or change the site of any 22 portion of any interstate highway, State highway or 23 public road, or vacate the same, the commission shall 24 cause it to be reconstructed and restored at the 25 commission's expense on the most favorable location and 26 in as satisfactory a manner as the original road or 27 vacate it as the case may be. 28 (iii) The method of acquiring the right-of-way and 29 determining damages incurred in changing the location of 30 or vacating the road, State highway or interstate highway 20070H1878B2575 - 122 -
1 shall be ascertained and paid for in accordance with 26 2 Pa.C.S. 3 (8) Petition the court of common pleas of the county in 4 which any public road or part thereof is located and affected 5 by the location of the turnpikes, for the vacation, 6 relocation or supply of the same or any part thereof with the 7 same force and effect as is now given by existing laws to the 8 inhabitants of any township or the county, and the 9 proceedings upon petition, whether for the appointment of 10 viewers or otherwise, shall be the same as provided by 11 existing law for similar proceedings upon the petitions. 12 (9) Negotiate and enter into interest rate swaps and 13 other interest rate hedges to assist the commission in 14 managing interest cost and rate risk in connection with its 15 debt. 16 (10) Provide for costs of the department. 17 (11) Have all of the powers and perform all the duties 18 prescribed by the act of May 21, 1937 (P.L.774, No.211), 19 referred to as the Pennsylvania Turnpike Commission Act. 20 (b) Maintenance to be paid out of tolls.-- 21 (1) The turnpike extensions and improvements and toll- 22 free roads converted to toll roads when completed and open to 23 traffic shall be maintained and repaired by and under the 24 control of the commission. 25 (2) All charges and costs for the maintenance and 26 repairs actually expended by the commission shall be paid out 27 of tolls. 28 (3) The turnpike, the turnpike extensions and 29 improvements and the toll-free roads converted to toll roads 30 shall also be policed and operated by a force of police, toll 20070H1878B2575 - 123 -
1 takers and other operating employees as the commission may in 2 its discretion employ. 3 § 8108. Expenses and bonding of commission members. 4 (a) Payment of expenses.--All compensation and salaries and 5 all expenses incurred in carrying out the provisions of this 6 chapter shall be paid solely from funds provided under the 7 authority of this chapter, and no liability or obligation shall 8 be incurred under this chapter beyond the extent to which money 9 shall have been provided under the authority of this chapter. 10 (b) No additional bond required.--The issuance of any 11 turnpike revenue bonds, notes or other obligations under the 12 provisions of this chapter shall not cause any member of the 13 commission to be required to execute a bond that a member of the 14 commission is not otherwise required to execute. 15 § 8109. Acquisition of property rights by commission. 16 (a) Condemnation.--The commission may condemn, pursuant to 17 26 Pa.C.S. (relating to eminent domain), any lands, interests in 18 lands, property rights, rights-of-way, franchises, easements and 19 other property deemed necessary or convenient for the 20 construction and efficient operation of the turnpikes and the 21 toll road conversions or necessary in the restoration or 22 relocation of public or private property damaged or destroyed. 23 (b) Purchase.-- 24 (1) The commission may acquire by purchase, whenever it 25 shall deem the purchase expedient, or otherwise accept if 26 dedicated to it, any lands, interests in lands, property 27 rights, rights-of-way, franchises, easements and other 28 property deemed necessary or convenient for the construction 29 and efficient operation of the turnpikes and toll road 30 conversions or necessary in the restoration of public or 20070H1878B2575 - 124 -
1 private property damaged or destroyed, whether the property 2 has been previously condemned or otherwise, upon terms and at 3 a price as may be considered by the commission to be 4 reasonable and can be agreed upon between the commission and 5 the owner thereof and to take title thereto in the name of 6 the commission. 7 (2) The net proceeds of the purchase price payable to a 8 municipality or the department for any real property or 9 interest therein obtained by the commission pursuant to this 10 chapter, less the cost of retiring any bonded indebtedness on 11 the property or interest, shall be used exclusively, in the 12 case of a municipality, for road-related and bridge-related 13 expenses and, in the case of the department, for highway and 14 bridge construction, reconstruction and maintenance in the 15 same engineering and maintenance district in which the 16 property is located. 17 § 8110. Procedural requirements of acquisition. 18 (a) Title.--Title to any property condemned by the 19 commission shall be taken in the name of the commission. 20 (b) Entry.-- 21 (1) In addition to any others powers set forth in this 22 chapter, the commission and its authorized agents and 23 employees may enter upon any lands, waters and premises in 24 this Commonwealth for the purpose of making surveys, 25 soundings, drillings and examinations, as it may deem 26 necessary or convenient for the purpose of this chapter. 27 (2) The entry shall not be deemed a trespass, nor shall 28 an entry for the purposes be deemed an entry under any 29 condemnation proceedings which may be then pending. 30 (3) The commission shall make reimbursement for any 20070H1878B2575 - 125 -
1 actual damages resulting to the lands, waters and premises as 2 a result of the activities. 3 (c) Restoration of property.--Any public or private property 4 damaged or destroyed in carrying out the powers granted by this 5 chapter shall be restored or repaired and placed in its original 6 condition as nearly as practicable or adequate compensation made 7 for the property out of funds provided under the authority of 8 this chapter. 9 (d) Powers of public bodies.--Notwithstanding any other 10 provision of law to the contrary, a political subdivision or a 11 public agency or commission of the Commonwealth may lease, lend, 12 dedicate, grant, convey or otherwise transfer to the commission, 13 upon its request, upon terms and conditions as the proper 14 authorities of the political subdivision or public agency or 15 commission of the Commonwealth deems reasonable and fair and 16 without the necessity for any advertisement, order of court or 17 other action or formality, other than the regular and formal 18 action of the authorities concerned, any real property which may 19 be necessary or convenient to the effectuation of the authorized 20 purposes of the commission, including public roads and other 21 real property already devoted to public use. 22 § 8111. Entry and possession of property condemned. 23 Whenever the commission has condemned any lands, rights, 24 rights-of-way, easements and franchises, or interests therein, 25 as provided in this chapter, the commission may proceed to 26 obtain possession in the manner provided by 26 Pa.C.S. (relating 27 to the eminent domain). 28 § 8112. Issuance of turnpike revenue bonds or other 29 obligations. 30 (a) Authorization.-- 20070H1878B2575 - 126 -
1 (1) A bond must be authorized by resolution of the 2 commission. The resolution may specify all of the following: 3 (i) Series. 4 (ii) Date of maturity not exceeding 40 years from 5 date of issue. 6 (iii) Interest. 7 (iv) Denomination. 8 (v) Form, either coupon or fully registered without 9 coupons. 10 (vi) Registration, exchangeability and 11 interchangeability privileges. 12 (vii) Medium of payment and place of payment. 13 (viii) Terms of redemption not exceeding 105% of the 14 principal amount of the bond. 15 (ix) Priorities in the revenues or receipts of the 16 commission. 17 (2) A bond must be signed by or shall bear the facsimile 18 signature of such officers as the commission determines. A 19 bond may be issued and delivered notwithstanding that one or 20 more of the signing officers or the treasurer has ceased to 21 be an officer when the bond is actually delivered. A bond 22 must be authenticated by an authenticating agent, a fiscal 23 agent or a trustee, if required by the authorizing 24 resolution. 25 (3) A bond may be sold at public or private sale for a 26 price determined by the commission. 27 (4) Pending the preparation of a definitive bond, 28 interim receipts or temporary bonds without coupons may be 29 issued to the purchaser and may contain terms and conditions 30 as the commission determines. 20070H1878B2575 - 127 -
1 (b) Provisions.--A resolution authorizing a bond may contain 2 provisions which shall be part of the contract with the 3 bondholder as to the following: 4 (1) Pledging the full faith and credit of the commission 5 but not of the Commonwealth or any political subdivision for 6 the bond or restricting the obligation of the commission to 7 all or any of the revenue of the commission from all or any 8 projects or properties. 9 (2) The payment of the costs of the department, the 10 costs of the turnpikes and the toll road conversions, 11 including the reconstruction of the converted roads as 12 provided for in this chapter and the repayment to the Federal 13 Treasury of any funds so required to be repaid pursuant to 14 any special legislation passed by the Congress of the United 15 States authorizing the conversion of toll-free roads to toll 16 roads, the financing for insurance reserves and the duties of 17 the commission with reference to these matters. 18 (3) Terms and provisions of the bond. 19 (4) Limitations on the purposes to which the proceeds of 20 the bond or other financing may be applied. 21 (5) Rate of tolls and other charges for use of the 22 facilities of or for the services rendered by the commission. 23 (6) The setting aside, regulation and disposition of 24 reserves and sinking funds. 25 (7) Limitations on the issuance of additional bonds. 26 (8) Terms and provisions of any deed of trust or 27 indenture securing the bond or under which any deed of trust 28 or indenture may be issued. 29 (9) Other additional agreements with the holder of the 30 bond. 20070H1878B2575 - 128 -
1 (c) Deeds of trust.--The commission may enter into any deed 2 of trust, indenture or other agreement with any bank or trust 3 company or other person in the United States having power to 4 enter into such an arrangement, including any Federal agency, as 5 security for a bond and may assign and pledge all or any of the 6 revenues or receipts of the commission under such deed, 7 indenture or agreement. The deed of trust, indenture or other 8 agreement may contain provisions as may be customary in such 9 instruments or as the commission may authorize, including 10 provisions as to the following: 11 (1) For the payment of the costs of the department, the 12 costs of the turnpikes and the toll road conversions, 13 including the reconstruction of the converted roads as 14 provided for in this chapter and the repayment to the Federal 15 Treasury of any funds so required to be repaid pursuant to 16 any special legislation passed by the Congress of the United 17 States authorizing the conversion of toll-free roads to toll 18 roads, financing for insurance reserves and the duties of the 19 commission with reference to these matters. 20 (2) Application of funds and the safeguarding of funds 21 on hand or on deposit. 22 (3) Rights and remedies of trustees and bondholders, 23 including restrictions upon the individual right of action of 24 a bondholder. 25 (4) Terms and provisions of the bond or the resolution 26 authorizing the issuance of the bond. 27 (d) Negotiability.--A bond shall have all the qualities of 28 negotiable instruments under 13 Pa.C.S. Div. 3 (relating to 29 negotiable instruments). 30 § 8113. Obligation proceeds restricted and lien created. 20070H1878B2575 - 129 -
1 All money received from any bonds, notes or other obligations 2 issued under this chapter shall be applied solely to the payment 3 of the costs of the department, the costs of the turnpikes, the 4 turnpike extensions and improvements and the toll road 5 conversions, including the reconstruction of the converted roads 6 as provided for in this chapter and the repayment to the Federal 7 Treasury of any funds so required to be repaid pursuant to any 8 special legislation passed by the Congress of the United States 9 authorizing the conversion of toll-free roads to toll roads or 10 to the appurtenant fund. There is created and granted a lien 11 upon the money, until so applied, in favor of holders of the 12 bonds, notes or other obligations or the trustee provided for in 13 this chapter in respect of the bonds, notes or other 14 obligations. 15 § 8114. Trust indenture authorized. 16 (a) Security for bonds.--In the discretion of the 17 commission, the bonds, notes or other obligations may be secured 18 by a trust indenture by and between the commission and a 19 corporate trustee, which may be any trust company or bank having 20 the powers of a trust company, within this Commonwealth. The 21 trust indenture may pledge or assign tolls and revenue to be 22 received but shall not convey or mortgage the Pennsylvania 23 Turnpike System, including the turnpikes and toll road 24 conversions provided for by this chapter. 25 (b) Rights of bondholders.--Either the resolution providing 26 for the issuance of the bonds, notes or other obligations or the 27 trust indenture may contain provisions for protecting and 28 enforcing the rights and remedies of the bondholders or holders 29 of notes or other obligations as may be reasonable and proper 30 and not in violation of law, including covenants setting forth 20070H1878B2575 - 130 -
1 the duties of the commission in relation to the acquisition of 2 properties and the construction, maintenance, operation and 3 repair and insurance of the turnpikes, and the custody, 4 safeguarding and application of all money. It shall be lawful 5 for any bank or trust company incorporated under the laws of 6 this Commonwealth to act as a depository of the proceeds of 7 bonds, notes or other obligations or revenues and to furnish the 8 indemnity bonds or to pledge the securities as may be required 9 by the commission. The trust indenture may set forth the rights 10 and remedies of the bondholders or holders of notes or other 11 obligations and of the trustee and may restrict the individual 12 right of action of bondholders or holders of notes or other 13 obligations as is customary in trust indentures securing bonds, 14 debentures of corporations, notes or other obligations. In 15 addition to the foregoing, the trust indenture may contain other 16 provisions as the commission may deem reasonable and proper for 17 the security of bondholders or holders of notes or other 18 obligations. All expenses incurred in carrying out the trust 19 indenture may be treated as part of the cost of maintenance, 20 operation and repair of the turnpikes and toll road conversions 21 provided for by this chapter. 22 § 8115. Commission and obligations tax exempt. 23 The accomplishment by the commission of the authorized 24 purposes stated in this chapter being for the benefit of the 25 people of this Commonwealth and for the improvement of their 26 commerce and prosperity, in which accomplishment the commission 27 will be performing essential governmental functions, the 28 commission shall not be required to pay any taxes or assessments 29 on any property acquired or used by it for the purposes provided 30 in this chapter, and the bonds, notes or other obligations 20070H1878B2575 - 131 -
1 issued by the commission, their transfer and the income 2 therefrom, including any profits made on the sale thereof, shall 3 at all times be free from taxation within this Commonwealth. 4 § 8116. Collection and disposition of tolls and other revenue. 5 (a) Establishment and changes in toll amounts.--Subject to 6 the terms of any trust indenture entered into by the commission 7 or any resolution authorizing the issuance of any bonds, notes 8 or other obligations of the commission, the commission is 9 authorized: to fix and to revise tolls for the use of the 10 Pennsylvania Turnpike System and the different parts or sections 11 of the system, including the turnpike, the turnpike extensions 12 and improvements and the toll road conversions authorized by 13 this chapter. The commission is further authorized to charge and 14 collect tolls; to contract with any person, partnership, 15 association or corporation desiring the use of any part thereof, 16 including the right-of-way adjoining the paved portion, for 17 placing thereon telephone, telegraph, electric light or power 18 lines, gas stations, garages, stores, hotels, restaurants and 19 advertising signs, or for any other purpose, except for service 20 plazas in the right-of-way along Interstate 80 and for tracks 21 for railroad or railway use; and to fix the terms, conditions, 22 rents and rates of charges for use. Tolls shall be fixed and 23 adjusted as to provide funds at least sufficient with other 24 revenues of the Pennsylvania Turnpike System, if any, to pay all 25 of the following: 26 (1) The cost of the turnpikes. This paragraph includes 27 the cost of constructing, reconstructing, widening, 28 expanding, extending, maintaining, repairing and operating 29 the Pennsylvania Turnpike System and the different parts and 30 sections of the system. 20070H1878B2575 - 132 -
1 (2) Any of the following: 2 (i) The commission's bonds, notes or other 3 obligations and the interest on them. 4 (ii) Sinking fund requirements of the commission. 5 (iii) Other requirements provided for by any 6 resolution authorizing the issuance of the bonds, notes 7 or other obligations by the commission, or by any trust 8 indenture to which the commission is a party, as they 9 become due. 10 (3) Amounts due to the department under 75 Pa.C.S. Ch. 11 89 (relating to Pennsylvania Turnpike) and pursuant to the 12 lease agreement under 75 Pa.C.S. § 8915.3 (relating to lease 13 of Interstate 80). 14 (4) The cost of repayment to the Federal Government of 15 funds required to be repaid pursuant to Federal legislation 16 authorizing the conversion of toll-free roads to toll roads. 17 (5) Any other amounts payable to the Commonwealth or to 18 the department. 19 (b) Restrictions on toll revenue.--Tolls shall not be 20 subject to supervision or regulation by any other State 21 commission, board, bureau or agency. Subject to the terms of any 22 presently existing trust indenture entered into by the 23 commission and any presently existing resolution authorizing the 24 issuance of any bonds, notes or other obligations of the 25 commission, the tolls and all other revenue derived from the 26 Pennsylvania Turnpike System shall be set aside and pledged as 27 may be provided in any resolutions, trust indentures or any 28 other agreements that the commission may hereafter adopt or 29 hereafter enter into with respect to the issuance of bonds, 30 notes or other obligations of the commission. 20070H1878B2575 - 133 -
1 § 8117. Electronic toll collection. 2 (a) Liability of owner.-- 3 (1) If an operator of a vehicle fails to pay the 4 prescribed toll at any location where tolls are collected by 5 means of electronic toll collection, the owner of the vehicle 6 shall be liable to the commission for failure of the operator 7 of the vehicle to comply with this section if the violation 8 is evidenced by information obtained from a violation 9 enforcement system. 10 (2) If a violation of this section is committed, the 11 registration plate number of the vehicle as recorded by a 12 violation enforcement system shall establish an inference 13 that the owner of the vehicle was then operating the vehicle. 14 The inference shall be overcome if the owner does all of the 15 following: 16 (i) Testifies that the owner was not operating the 17 vehicle at the time of the violation. 18 (ii) Submits to an examination as to who at the time 19 was operating the vehicle. 20 (iii) Reveals the name and residence address, if 21 known, of the operator of the vehicle. 22 (3) If an action or proceeding is commenced in a county 23 other than that of the residence of the owner, a verified 24 written statement setting forth the facts prescribed under 25 paragraph (2)(i), (ii) and (iii) shall suffice to overcome 26 the inference. 27 (4) If the inference is overcome, the operator of the 28 vehicle may be held liable under this section for failure to 29 pay the prescribed toll in the same manner as if the operator 30 were the owner of the vehicle. 20070H1878B2575 - 134 -
1 (b) Imposition of liability.--Liability under this section 2 shall be imposed upon an owner for a violation of this section 3 or the regulations of the commission occurring within the 4 territorial limits of this Commonwealth. If a violation is 5 committed as evidenced by a violation enforcement system, the 6 following shall apply: 7 (1) The commission or an authorized agent or employee 8 must prepare and mail a notice of violation as follows: 9 (i) The notice of violation must be sent by first 10 class mail to each person alleged to be liable as an 11 owner for a violation of this section. 12 (ii) The notice must be mailed at the address shown 13 on the vehicle registration or at the address of the 14 operator, as applicable. Notice must be mailed no later 15 than 60 days after: 16 (A) the alleged conduct; or 17 (B) the date the inference is overcome under 18 subsection (a)(2). 19 (iii) Personal service is not required. 20 (iv) The notice must contain all of the following: 21 (A) Information advising the person charged of 22 the manner and time in which the liability alleged in 23 the notice may be contested. 24 (B) A warning advising the person charged that 25 failure to contest in the manner and time provided 26 shall be deemed an admission of liability and that a 27 default judgment may be entered on the notice. 28 (1.1) A manual or automatic record of mailing prepared 29 in the ordinary course of business shall be prima facie 30 evidence of the mailing of notice. 20070H1878B2575 - 135 -
1 (2) If an owner of a vehicle or an owner that is a 2 lessor of a vehicle receives a notice of violation under this 3 section for any time period during which the vehicle was 4 reported to a police department as having been stolen, it 5 shall be a defense to the allegation of liability that the 6 vehicle had been reported to the police as having been stolen 7 prior to the time the violation occurred and that the vehicle 8 had not been recovered by the time of the violation. For 9 purposes of asserting the defense under this paragraph, it 10 shall be sufficient that a certified copy of the police 11 report on the stolen vehicle be sent by first class mail to 12 the commission within 30 days after receiving the original 13 notice of violation. Failure to send the information within 14 the time limit under this paragraph shall render the owner or 15 lessor liable for the penalty prescribed by this section. 16 (3) An owner that is a lessor of a vehicle as to which a 17 notice of violation was issued under paragraph (1) shall not 18 be liable for a violation if the owner sends to the 19 commission a copy of the rental, lease or other contract 20 document covering the vehicle on the date of the violation, 21 with the name and address of the lessee clearly legible to 22 the commission, within 30 days after receiving the original 23 notice of violation. Failure to send the information within 24 the time limit under this paragraph shall render the lessor 25 liable for the penalty prescribed by this section. If the 26 lessor complies with the provisions of this section, the 27 lessee of the vehicle on the date of the violation shall be 28 deemed to be the owner of the vehicle for purposes of this 29 section and shall be subject to liability for the penalty 30 under this section. 20070H1878B2575 - 136 -
1 (4) A certified report or a facsimile report of an 2 authorized agent or employee of the commission reporting a 3 violation of this section or regulations of the commission 4 based upon the recorded information obtained from a violation 5 enforcement system shall be prima facie evidence of the facts 6 contained in the report and shall be admissible as an 7 official record kept in the ordinary course of business in 8 any proceeding charging a violation of this section or the 9 toll collection regulations of the commission. 10 (5) Notwithstanding any other provision of law, 11 videotapes, photographs, microphotographs, other recorded 12 images, written records, reports or facsimiles prepared 13 pursuant to this section shall be for the exclusive use of 14 the commission, its authorized agents, its employees and law 15 enforcement officials for the purpose of discharging duties 16 under this section and the regulations of the commission. The 17 information shall not be deemed a public record under the act 18 of June 21, 1957 (P.L.390, No.212), referred to as the Right- 19 to-Know Law. The information shall not be discoverable by 20 court order or otherwise; nor shall it be offered in evidence 21 in any action or proceeding which is not directly related to 22 a violation of this section, the regulations of the 23 commission or indemnification for liability imposed pursuant 24 to this section. The restrictions set forth in this 25 paragraph: 26 (i) shall not be deemed to preclude a court of 27 competent jurisdiction from issuing an order directing 28 that the information be provided to law enforcement 29 officials if the information is reasonably described and 30 is requested solely in connection with a criminal law 20070H1878B2575 - 137 -
1 enforcement action; 2 (ii) shall not be deemed to preclude the exchange of 3 the information between any entities with jurisdiction 4 over or which operate an electronic toll collection 5 system in this Commonwealth or any other jurisdiction; 6 and 7 (iii) shall not be deemed to prohibit the use of 8 information exclusively for the purpose of billing 9 electronic toll collection account holders, deducting 10 toll charges from the account of an account holder, 11 enforcing toll collection laws and related regulations or 12 enforcing the provisions of an account holder agreement. 13 (6) An imposition of liability under this section must 14 be based upon a preponderance of evidence. 15 (7) An imposition of liability pursuant to this section 16 shall not be deemed a conviction of an owner and shall not be 17 made part of the motor vehicle operating record of the person 18 upon whom the liability is imposed, nor shall it be 19 considered in the provision of motor vehicle insurance 20 coverage. 21 (8) An owner that admits, is found liable or fails to 22 respond to the notice of violation for a violation of this 23 section shall be civilly liable to the commission for all of 24 the following: 25 (i) Either: 26 (A) the amount of the toll evaded or attempted 27 to be evaded if the amount can be determined; or 28 (B) the maximum toll from the farthest point of 29 entry on the Pennsylvania Turnpike to the actual 30 point of exit if the amount of the toll evaded or 20070H1878B2575 - 138 -
1 attempted to be evaded cannot be determined. 2 (ii) A reasonable administrative fee not to exceed 3 $35 per notification. 4 (9) Nothing in this section shall be construed to limit 5 the liability of the operator of a vehicle for a violation of 6 this section or of the regulations of the commission. 7 (c) Placement of electronic toll collection device.--An 8 electronic toll collection device which is affixed to the front 9 windshield of a vehicle in accordance with the regulations of 10 the commission shall not be deemed to constitute a violation of 11 75 Pa.C.S. § 4524 (relating to windshield obstructions and 12 wipers). 13 (d) Privacy of electronic toll collection account holder 14 information.-- 15 (1) Except as set forth paragraph (2), notwithstanding 16 any other provision of law, all of the following apply to 17 information kept by the commission, its authorized agents or 18 its employees which is related to the account of an 19 electronic toll collection system account holder: 20 (i) The information shall be for the exclusive use 21 of the commission, its authorized agents, its employees 22 and law enforcement officials for the purpose of 23 discharging their duties pursuant to this section and the 24 regulations of the commission. This subparagraph includes 25 names, addresses, account numbers, account balances, 26 personal financial information, vehicle movement records 27 and other information compiled from transactions with the 28 account holders. 29 (ii) The information shall not be deemed a public 30 record under the Right-to-Know Law, nor shall it be 20070H1878B2575 - 139 -
1 discoverable by court order or otherwise or be offered in 2 evidence in any action or proceeding which is not 3 directly related to the discharge of duties under this 4 section, the regulations of the commission or a violation 5 of an account holder agreement. 6 (2) Paragraph (1) shall not be deemed to do any of the 7 following: 8 (i) Preclude a court of competent jurisdiction from 9 issuing an order directing that the information be 10 provided to law enforcement officials if the information 11 is reasonably described and is requested solely in 12 connection with a criminal law enforcement action. 13 (ii) Preclude the exchange of the information 14 between any entities with jurisdiction over or which 15 operate an electronic toll collection system in this 16 Commonwealth or any other jurisdiction. 17 (iii) Prohibit the use of the information 18 exclusively for the purpose of billing electronic toll 19 collection account holders, deducting toll charges from 20 the account of an account holder, enforcing toll 21 collection laws and related regulations or enforcing the 22 provisions of an account holder agreement. 23 (e) Definition.--As used in this section, the term "owner" 24 means any person, corporation, firm, partnership, agency, 25 association, organization or lessor that, at the time a vehicle 26 is operated in violation of this section or regulations of the 27 commission: 28 (1) is the beneficial or equitable owner of the vehicle; 29 (2) has title to the vehicle; or 30 (3) is the registrant or coregistrant of the vehicle 20070H1878B2575 - 140 -
1 registered with the department or a comparable agency of 2 another jurisdiction or uses the vehicle in its vehicle 3 renting or leasing business. The term includes a person 4 entitled to the use and possession of a vehicle subject to a 5 security interest in another person. 6 § 8118. Refunding bonds. 7 The commission is authorized to provide, by resolution, for 8 the issuance of turnpike revenue refunding bonds for the purpose 9 of refunding issued and outstanding turnpike revenue bonds, 10 notes or other obligations. Applicable provisions of this 11 chapter govern all of the following: 12 (1) Issuance of the turnpike revenue refunding bonds. 13 (2) Maturities and other details of the refunding bonds. 14 (3) Rights of the holders of the bonds. 15 (4) Duties of the Commonwealth and of the commission in 16 respect to the bonds. 17 § 8119. Rights of obligation holders and trustees. 18 (a) Scope.--This section applies to all of the following: 19 (1) A holder of: 20 (i) a bond, note or other obligation issued under 21 this chapter; or 22 (ii) a coupon attached to the bond, note or other 23 obligation. 24 (2) The trustee under an applicable trust indenture. 25 (b) Enforcement.--Subject to subsection (c), a person 26 referred to in subsection (a) may, by an action at law or in 27 equity, do all of the following: 28 (1) Protect and enforce rights granted under this 29 chapter or under the resolution or trust indenture. 30 (2) Enforce and compel performance of all duties 20070H1878B2575 - 141 -
1 required by this chapter or by the resolution or trust 2 indenture to be performed by the commission or an officer of 3 the commission. This paragraph includes fixing, charging and 4 collecting of tolls for the use of the turnpikes. 5 (c) Restriction.--Rights under this chapter may be 6 restricted by resolution passed before the issuance of the bond, 7 note or other obligation or by the trust indenture. 8 § 8120. Authority granted to secretary. 9 (a) Agreement with Federal Government.-- 10 (1) The secretary is authorized to enter into an 11 agreement with the United States Department of 12 Transportation, the Federal Highway Administration and any 13 other Federal agency to obtain Federal funds for projects for 14 resurfacing, restoring and rehabilitating toll roads in this 15 Commonwealth. The commission is authorized to use Federal 16 funds which may be available for toll roads only upon 17 approval of the secretary and only under the authority 18 granted under this section. 19 (2) (Reserved). 20 (b) Approval by department.--A copy of each contract and 21 agreement relating to the construction of the turnpikes and 22 connecting tunnels, bridges, slip interchanges and slip ramps 23 shall be provided to the department for review and comment prior 24 to execution of this contract or agreement. 25 § 8121. (Reserved). 26 § 8122. (Reserved). 27 § 8123. Construction of chapter. 28 This chapter shall be regarded as supplemental and additional 29 to powers conferred by other statutes and shall not be regarded 30 as in derogation of any powers now existing and shall be 20070H1878B2575 - 142 -
1 liberally construed to effect its purposes. 2 CHAPTER 82 3 TURNPIKE COMMISSION STANDARDS OF CONDUCT 4 § 8201. Scope. 5 This chapter shall apply to the Pennsylvania Turnpike 6 Commission formed or maintained under authority of the act of 7 May 21, 1937 (P.L.774, No.211), referred to as the Pennsylvania 8 Turnpike Commission Act and the former act of September 30, 1985 9 (P.L.240, No.61), known as the Turnpike Organization, Extension 10 and Toll Road Conversion Act, or any successor entity. 11 § 8202. Definitions. 12 The following words and phrases when used in this chapter 13 shall have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Business." Any corporation, partnership, sole 16 proprietorship, firm, enterprise, franchise, association, 17 organization, self-employed individual, holding company, joint 18 stock company, receivership, trust or any legal entity organized 19 for profit. 20 "Commission." The Pennsylvania Turnpike Commission. 21 "Executive-level employee." The Chief Executive Officer, 22 Chief Financial Officer, Chief Operating Officer, Chief Counsel 23 or any other senior management employee with discretionary 24 powers which may affect the outcome of a Pennsylvania Turnpike 25 Commission action or decision or who functions in press or 26 public relations, legislative liaison or development of 27 executive policy. 28 "Facility." Rest areas, service plazas, restaurants, fueling 29 stations, traffic advisory systems, call boxes or other services 30 provided by the commission to persons using toll roads or 20070H1878B2575 - 143 -
1 highways operated by the commission. 2 "Immediate family." A spouse, parent, brother, sister or 3 child. 4 "Member." A commissioner appointed to the Pennsylvania 5 Turnpike Commission, including the Secretary of Transportation, 6 and any successor entity thereto. 7 "Ownership interest." Owning or holding, or being deemed to 8 hold, debt or equity securities or other ownership interest or 9 profit interest. 10 "Party officer." A member of a national committee of a 11 political party; a chairman, vice chairman, secretary, treasurer 12 or counsel of a State committee or member of the executive 13 committee of a State committee of a political party; or a county 14 chairman, vice chairman, counsel, secretary or treasurer of a 15 county committee or a city chairman, vice chairman, counsel, 16 secretary or treasurer of a city committee of a political party. 17 "Pennsylvania Turnpike Commission." An entity formed or 18 maintained under authority of the act of May 21, 1937 (P.L.774, 19 No.211), referred to as the Pennsylvania Turnpike Commission 20 Act, and the act of September 30, 1985 (P.L.240, No.61), known 21 as the Turnpike Organization, Extension and Toll Road Conversion 22 Act, or any successor entity. 23 "Public official." Any official elected to a Federal, State 24 or county office. 25 § 8203. Qualifications, restrictions and duties of commission 26 members and employees. 27 (a) General rule.--The following qualifications and 28 restrictions shall apply to members and executive-level 29 employees: 30 (1) A member shall be at least 25 years of age and shall 20070H1878B2575 - 144 -
1 have been a resident of this Commonwealth for a period of at 2 least one year immediately preceding appointment. Each member 3 shall continue to remain a resident of this Commonwealth 4 during the term of membership on the commission. 5 (2) Except for the Secretary of Transportation, no 6 member or executive-level employee shall be a public official 7 or party officer in this Commonwealth. 8 (3) (i) No member or executive-level employee shall be 9 paid or receive any fee or other compensation other than 10 salary and expenses provided by law for any activity 11 directly pertaining to the duties of the commission. 12 (ii) Nothing in this chapter shall be construed to 13 prohibit a member or executive-level employee from 14 engaging in any employment or vocation that is not 15 incompatible with service as a member or executive-level 16 employee. 17 (4) (i) At the time of appointment and annually 18 thereafter, each member shall disclose the existence of 19 all ownership interests in any facility or business with 20 which the commission has contracted for roadway 21 construction or maintenance or services of any kind. 22 (ii) The disclosure statement shall be filed with 23 the chief executive officer of the commission and shall 24 be open to inspection by the public at the office of the 25 commission during normal business hours of the commission 26 during the tenure of the member. 27 (b) Fiduciary relationship.--Each member and executive-level 28 employee shall serve as a fiduciary of the commission. 29 § 8204. Code of conduct. 30 (a) Contents.--The commission shall adopt a comprehensive 20070H1878B2575 - 145 -
1 code of conduct within 90 days of the effective date of this 2 section. The code of conduct shall supplement all other 3 requirements under this chapter and shall provide guidelines 4 applicable to members and executive-level employees and the 5 immediate families of the members and executive-level employees 6 to enable them to avoid any perceived or actual conflict of 7 interest and to promote public confidence in the integrity and 8 impartiality of the commission. At a minimum, the code of 9 conduct adopted under this section shall provide that: 10 (1) No member or executive-level employee may accept any 11 discount, gift, gratuity, compensation, travel, lodging or 12 other thing of value, in excess of the limits under 65 13 Pa.C.S. § 1105(b)(6) and (7) (relating to statement of 14 financial interests) directly or indirectly, from any 15 facility or business with which the commission has a 16 contractual relationship. 17 (2) Members and executive-level employees shall refrain 18 from any financial or business dealing which would affect the 19 member's objectivity, impartiality or independence of 20 judgment. 21 (3) (i) No member or executive-level employee may use 22 the promise of business with the commission to solicit 23 funds for any charitable, educational, religious, health, 24 fraternal, civic or other nonprofit entity. 25 (ii) A member or executive-level employee may serve 26 as an officer, employee or member of the governing body 27 of a nonprofit entity and may attend, make personal 28 contributions to and plan or preside over the entity's 29 fundraising events. 30 (iii) A member or executive-level employee may 20070H1878B2575 - 146 -
1 permit his name to appear on the letterhead used for 2 fundraising events if the letterhead contains only the 3 member's name and position with the nonprofit entity. 4 (4) No member or executive-level employee nor the 5 immediate family of such person, shall participate in any 6 deliberations or vote of the commission in which that person 7 may have a direct or indirect pecuniary interest. 8 (5) (i) A member shall abstain from any vote or 9 decision which authorizes a contract in which the member 10 has any pecuniary interest. The member shall disclose the 11 interest in a public meeting prior to the vote or 12 decision. 13 (ii) Failure to comply with this paragraph shall 14 make the contract null and void. 15 (6) No former member or executive-level employee may 16 receive any pecuniary benefit from a contract between the 17 commission and the employer of the former member or 18 executive-level employee for a period of one year from the 19 termination of employment or service with the commission. No 20 former member or executive-level employee may solicit any 21 contracts with the commission for a period of one year from 22 the termination of employment or service with the commission. 23 (7) A member of the commission who has been convicted 24 during his term in any domestic or foreign jurisdiction of a 25 felony shall, upon conviction, be automatically removed from 26 the commission and shall be ineligible to become a commission 27 member in the future. 28 (8) No member may solicit, request, suggest or recommend 29 the employment, by either the commission or a contractor with 30 the commission, of any individual related within the first 20070H1878B2575 - 147 -
1 degree of consanguinity to the member as set forth in 23 2 Pa.C.S. § 1304(e) (relating to restrictions on issuance of 3 license) or the spouse of the individual. 4 (b) Audit.-- 5 (1) At least once every four years, the Department of 6 the Auditor General shall review the performance, procedures, 7 operating budget, capital budget and debt of the commission 8 and shall audit the accounts of the commission. 9 (2) The Auditor General shall be entitled to go beyond 10 mere financial statements, and shall be entitled to examine 11 original source documents at such time as is believed 12 necessary or may otherwise examine original documents on a 13 random basis designed to ensure the integrity of the audit. 14 (3) The provisions of section 706(d) of the act of April 15 9, 1929 (P.L.177, No.175), known as The Administrative Code 16 of 1929, shall apply to any audit conducted under this 17 subsection. 18 § 8205. Applicability of other statutes. 19 (a) General rule.--Notwithstanding any other provision of 20 law, the following acts shall apply to the commission under this 21 chapter: 22 (1) The act of June 21, 1957 (P.L.390, No.212), referred 23 to as the Right-to-Know Law. 24 (2) The act of July 19, 1957 (P.L.1017, No.451), known 25 as the State Adverse Interest Act. 26 (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to 27 open meetings) and 11 (relating to ethics standards and 28 financial disclosure). 29 (b) Status of commission.--The commission shall be 30 considered an "agency" for the purposes of the following: 20070H1878B2575 - 148 -
1 (1) The act of July 31, 1968 (P.L.769, No.240), referred 2 to as the Commonwealth Documents Law. 3 (2) The act of June 25, 1982 (P.L.633, No.181), known as 4 the Regulatory Review Act.] 5 Section 5. Title 74 is amended by adding a chapter to read: 6 CHAPTER 84 7 PENNSYLVANIA TURNPIKE 8 Sec. 9 8401. Scope of chapter. 10 8402. Definitions. 11 8403. (Reserved). 12 8404. Status of turnpike revenue bonds, notes or other 13 obligations. 14 8405. Pennsylvania Turnpike Commission membership, 15 compensation and term of office. 16 8406. Exercise of commission powers deemed essential 17 governmental function. 18 8407. Commission powers and duties enumerated; payment of 19 maintenance. 20 8408. Expenses and bonding of commission members. 21 8409. Acquisition of property rights by commission. 22 8410. Procedural requirements of acquisition. 23 8411. Entry and possession of property condemned. 24 8412. Issuance of turnpike revenue bonds, notes or other 25 obligations. 26 8413. Obligation proceeds restricted and lien created. 27 8414. Trust indenture authorized. 28 8415. Commission and obligations tax exempt. 29 8416. Collection and disposition of tolls and other revenue. 30 8416.1. Electronic toll collection. 20070H1878B2575 - 149 -
1 8417. Refunding bonds. 2 8418. Rights of obligation holders and trustees. 3 8419. Authority granted to Secretary of Transportation. 4 8420. Construction of chapter. 5 § 8401. Scope of chapter. 6 This chapter relates to turnpike organization, extension and 7 toll road conversion. 8 § 8402. Definitions. 9 The following words and phrases when used in this chapter 10 shall have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Commission." The Pennsylvania Turnpike Commission created 13 by the act of May 21, 1937 (P.L.774, No.211), referred to as the 14 Pennsylvania Turnpike Commission Act, or, if the commission 15 shall be abolished, any board, commission or officer succeeding 16 to the principal functions thereof or upon whom the power and 17 functions given by this chapter to the commission shall be given 18 by law. 19 "Cost of the turnpikes." The term includes the cost of 20 constructing the turnpikes and all connecting roads, storm water 21 management systems, tunnels and bridges; the cost of all lands, 22 property rights, rights-of-way, easements and franchises 23 acquired by purchase or other means, which are deemed necessary 24 or convenient for such construction; the cost of all machinery 25 and equipment, financing charges, interest prior to and during 26 construction and for one year after completion of construction; 27 the cost of traffic estimates and of engineering and legal 28 expenses, plans, specifications, surveys, estimates of cost and 29 of revenues, other expenses necessary or incident to determining 30 the feasibility or practicability of the enterprise, 20070H1878B2575 - 150 -
1 administrative and legal expense, and such other expenses as may 2 be necessary or incident to the financing herein authorized; the 3 construction of the turnpikes and connecting roads, storm water 4 management systems, tunnels and bridges, the placing of the same 5 in operation, and the condemnation or other means of acquisition 6 of property necessary for the construction and operation. Any 7 obligation or expense contracted for by the commission with the 8 Department of Transportation, or with the United States or any 9 agency thereof, for traffic surveys, preparation of plans and 10 specifications, supervision of construction, and other 11 engineering, administrative and legal services and expenses in 12 connection with the construction of the turnpike or any of the 13 connecting roads, storm water management systems, tunnels and 14 bridges, and any costs of reimbursing the Federal Government 15 pursuant to the mandates of the Federal law for Federal funds 16 expended for interstate or other highways which are to be made 17 part of the turnpike system pursuant to this chapter, shall be 18 regarded as a part of the cost of the turnpikes and shall be 19 reimbursed or paid out of the proceeds of the turnpike revenue 20 bonds, notes or other obligations hereinafter authorized. 21 Payment of any turnpike revenue bonds, notes or other 22 obligations shall be considered payment of the cost of the 23 turnpikes, provided the turnpike revenue bonds, notes or other 24 obligations were issued for such purpose. 25 "Electronic toll collection." A system of collecting tolls 26 or charges that is capable of charging an account holder for the 27 prescribed toll by electronic transmission of information 28 between a device on a vehicle and a device in a toll lane at a 29 toll collection facility. 30 "Lessee." Any person, corporation, firm, partnership, 20070H1878B2575 - 151 -
1 agency, association or organization that rents, leases or 2 contracts for the use of a vehicle and has exclusive use of the 3 vehicle for any period of time. 4 "Lessor." Any person, corporation, firm, partnership, 5 agency, association or organization engaged in the business of 6 renting or leasing vehicles to any lessee under a rental 7 agreement, lease or other agreement under which the lessee has 8 the exclusive use of the vehicle for any period of time. 9 "Operator." An individual that uses or operates a vehicle 10 with or without the permission of the owner. 11 "Owner." Except as provided in section 8416.1(e) (relating 12 to electronic toll collection), an individual, copartnership, 13 association or corporation having any title or interest in any 14 property rights, easements or franchises authorized to be 15 acquired by this chapter. 16 "The turnpikes." The turnpike, turnpike extensions and 17 turnpike improvements to be constructed, and the toll-free roads 18 to be converted to toll roads, as provided for in this chapter. 19 The phrase shall be deemed to include not only the turnpikes and 20 all connecting roads, storm water management systems, tunnels 21 and bridges connected therewith, but also all property rights, 22 easements and franchises relating thereto and deemed necessary 23 or convenient for the construction or the operation thereof, 24 which may also be referred to as constituting a part of the 25 Pennsylvania Turnpike System. 26 "Toll road conversion." The inclusion within the turnpike 27 system and the imposition of tolls thereon of a highway that is 28 presently toll free. 29 "Vehicle." As defined in 75 Pa.C.S. § 102 (relating to 30 definitions). 20070H1878B2575 - 152 -
1 "Violation enforcement system." A vehicle sensor, placed in 2 a location to work in conjunction with a toll collection 3 facility, which automatically produces a videotape or 4 photograph, microphotograph or other recorded image of the rear 5 portion of each vehicle at the time the vehicle is used or 6 operated in violation of the toll collection regulations. The 7 term includes any other technology which identifies a vehicle by 8 photographic, electronic or other method. 9 § 8403. (Reserved). 10 § 8404. Status of turnpike revenue bonds, notes or other 11 obligations. 12 The turnpike revenue bonds, notes or other obligations issued 13 under the provisions of this chapter shall not be deemed to be a 14 debt of the Commonwealth or a pledge of the faith and credit of 15 the Commonwealth, but such bonds, notes or other obligations 16 shall be payable solely from the revenues of the commission, 17 including tolls, or from such funds as may be available to the 18 commission for that purpose. All such bonds, notes or other 19 obligations shall contain a statement on their face that the 20 Commonwealth is not obligated to pay the same or the interest 21 thereon except from revenues of the commission, including tolls, 22 or from such funds as may be available to the commission for 23 that purpose and that the faith and credit of the Commonwealth 24 is not pledged to the payment of the principal or interest of 25 such bonds, notes or other obligations. The issuance of turnpike 26 revenue bonds, notes or other obligations under the provisions 27 of this chapter shall not directly or indirectly or contingently 28 obligate the Commonwealth to levy or to pledge any form of 29 taxation whatever therefor or to make any appropriation for 30 their payment. 20070H1878B2575 - 153 -
1 § 8405. Pennsylvania Turnpike Commission membership, 2 compensation and term of office. 3 (a) Appointments prior to June 4, 1987.--Notwithstanding any 4 other law to the contrary, vacancies in the membership of the 5 commission existing after September 29, 1985, and before June 5, 6 1987, shall be filled as provided in paragraph (1) or (2), 7 whichever is applicable: 8 (1) (i) Any vacancy which: 9 (A) has occurred prior to September 30, 1985, 10 because of the expiration of the term of a member, 11 and as to which vacancy either: 12 (I) the member continues to serve pending 13 the appointment and qualification of his 14 successor; or 15 (II) the member, having held over, departs 16 the commission after September 17, 1985, but 17 prior to the appointment of a successor; or 18 (B) occurs after September 30, 1985, for a 19 reason other than the expiration of the term of a 20 member; or 21 (C) has occurred between September 17, 1985, and 22 the September 30, 1985, for a reason other than the 23 expiration of the term of a member; 24 shall be filled by appointment of the Governor by and 25 with the advice and consent of two-thirds of the members 26 elected to the Senate. 27 (ii) A member whose term has expired prior to 28 September 30, 1985, or after September 30, 1985, but 29 prior to June 4, 1987, shall continue to hold office 30 until his successor is appointed and qualified, or for 90 20070H1878B2575 - 154 -
1 days following June 4, 1987, whichever period is shorter. 2 (iii) Members appointed under the provisions of this 3 paragraph shall serve for a term of four years. Upon the 4 expiration of that term, such appointed member may 5 continue to hold office for 90 days or until his 6 successor shall be duly appointed and qualified, 7 whichever period is shorter, but shall not continue to 8 hold office thereafter unless reappointed in accordance 9 with law. 10 (2) (i) Any other vacancy not described in paragraph 11 (1) shall be filled by appointment of the Governor 12 without the advice and consent of the Senate. Any member 13 appointed in this manner shall serve for a term ending 14 June 4, 1987. 15 (ii) Upon the expiration of his term, an appointed 16 member may continue to hold office for 90 days or until 17 his successor shall be duly appointed and qualified, 18 whichever period is shorter, but shall not continue to 19 hold office thereafter unless reappointed in accordance 20 with the provisions of subsection (b). 21 (iii) Any vacancy occurring with respect to the 22 office of a member appointed pursuant to this paragraph 23 shall be filled as provided by this paragraph. 24 (b) Appointment after June 4, 1987.--Notwithstanding any 25 other law to the contrary, after June 4, 1987, any vacancy in 26 the membership of the commission shall be filled by appointment 27 of the Governor by and with the advice and consent of two-thirds 28 of the members elected to the Senate. Such appointed member 29 shall serve for a term of four years. Upon the expiration of 30 this term, an appointed member may continue to hold office for 20070H1878B2575 - 155 -
1 90 days or until his successor shall be duly appointed and 2 qualified, whichever period is shorter, but shall not continue 3 to hold office thereafter unless reappointed in accordance with 4 law. 5 (c) Appointment of additional temporary member.-- 6 Notwithstanding any other law to the contrary, the Governor 7 shall appoint, without the advice and consent of the Senate, one 8 additional member to serve on the commission. The term of the 9 temporary additional member shall expire on June 4, 1987, and an 10 appointment to replace such member shall not be made to the 11 commission on or after June 5, 1987. Any vacancy occurring with 12 respect to the office of the temporary additional member prior 13 to June 4, 1987, shall be filled as provided by this subsection. 14 The additional temporary member shall not continue to hold 15 office in any capacity after June 4, 1987. 16 (d) Secretary of Transportation.--The provisions of 17 subsections (a) and (b) of this section shall not apply to the 18 appointment of the Secretary of Transportation who shall 19 continue to be appointed and to serve as a member of the 20 commission ex officio in accordance with law. 21 (e) Chairman.--After September 29, 1985, and before June 5, 22 1987, the Governor shall appoint from among the members of the 23 commission a member to serve as chairman of the commission for a 24 term extending until June 4, 1987. On and after June 5, 1987, a 25 majority of the members of the commission shall elect a member 26 of the commission to serve as chairman. On or after June 5, 27 1987, upon the appointment and qualification of any new member 28 to serve on the commission, the office of chairman, and the 29 positions of all other officers created by law, shall be deemed 30 vacant and a new chairman and other officers shall be elected by 20070H1878B2575 - 156 -
1 a majority of the members of the commission. 2 (f) Actions by the commission.--Notwithstanding any other 3 law, court decision, precedent or practice to the contrary, any 4 and all actions by or on behalf of the commission shall be taken 5 solely upon the approval of a majority of the members to the 6 commission. After September 29, 1985, and before June 5, 1987, 7 "a majority of the members of the commission" shall mean four 8 members of the commission. Thereafter, a majority of the members 9 of the commission shall mean three members of the commission. 10 The term "actions by or on behalf of the commission" means any 11 action whatsoever of the commission, including, but not limited 12 to, the hiring, appointment, removal, transfer, promotion or 13 demotion of any officers and employees; the retention, use or 14 remuneration of any advisors, counsel, auditors, architects, 15 engineers or consultants; the initiation of any legal action; 16 the making of any contracts, leases, agreements, bonds, notes or 17 covenants; the approval of requisitions, purchase orders, 18 investments and reinvestments; and the adoption, amendment, 19 revision or rescission of any rules and regulations, orders or 20 other directives. The chairman, vice chairman or any other 21 officer or employee of the commission may take no action by or 22 on behalf of the commission except as expressly authorized by a 23 majority of the members of the commission. 24 (g) Compensation.--The annual salary of the Chairman of the 25 Pennsylvania Turnpike Commission shall be $28,500, and the 26 annual salary of the remaining members of the Pennsylvania 27 Turnpike Commission shall be $26,000. These salaries shall be 28 paid in equal installments every other week. 29 § 8406. Exercise of commission powers deemed essential 30 governmental function. 20070H1878B2575 - 157 -
1 The exercise by the commission of the powers conferred by 2 this chapter in the construction, operation and maintenance of 3 the turnpikes and in effecting toll road conversions shall be 4 deemed and held to be an essential governmental function of the 5 Commonwealth. 6 § 8407. Commission powers and duties enumerated; payment of 7 maintenance. 8 (a) Powers and duties of commission.--The commission is 9 authorized to: 10 (1) Maintain a principal office at such place as shall 11 be designated by the commission. 12 (2) Contract and be contracted within its own name. 13 (3) Sue and be sued in its own name, plead and be 14 impleaded. Any and all actions at law or in equity against 15 the commission shall be brought only in the courts in which 16 such actions may be brought against the Commonwealth. 17 (4) Have an official seal. 18 (5) Make necessary rules and regulations for its own 19 government and in control of traffic. 20 (6) Acquire, hold, accept, own, use, hire, lease, 21 exchange, operate and dispose of personal property, real 22 property and interests in real property, and to make and 23 enter into all contracts and agreements necessary or 24 incidental to the performance of its duties and the execution 25 of its powers under this chapter, and to employ engineering, 26 traffic, architectural and construction experts and 27 inspectors, attorneys and other employees as may in its 28 judgment be necessary, and fix their compensation. 29 (7) Provide grade separations, at its own expense, with 30 respect to all public roads, State highways and interstate 20070H1878B2575 - 158 -
1 highways intersected by the turnpikes and to change and 2 adjust the lines and grades thereof so as to accommodate the 3 same to the design for such grade separation. The damages 4 incurred in changing and adjusting the lines and grades of 5 public roads, State highways and interstate highways shall be 6 ascertained and paid by the commission in accordance with 26 7 Pa.C.S. (relating to eminent domain). If the commission shall 8 find it necessary to provide a grade separation or change the 9 site of any portion of any interstate highway, State highway 10 or public road or vacate the same, it shall cause it to be 11 reconstructed and restored forthwith, at the commission's own 12 proper expense, on the most favorable location and in as 13 satisfactory a manner as the original road, or vacate it, as 14 the case may be. The method of acquiring the right-of-way and 15 determining damages incurred in changing the location of or 16 vacating such road, State highway or interstate highway shall 17 be ascertained and paid for in accordance with 26 Pa.C.S. 18 (relating to eminent domain). 19 (8) Petition the court of common pleas of the county 20 wherein is situate any public road or part thereof affected 21 by the location therein of the turnpikes, for the vacation, 22 relocation or supply of the same, or any part thereof, with 23 the same force and effect as is now given by existing laws to 24 the inhabitants of any township or such county, and the 25 proceedings upon such petition, whether it be for the 26 appointment of viewers or otherwise, shall be the same as 27 provided by existing law for similar proceedings upon the 28 petitions. 29 (9) Have all of the powers and perform all the duties 30 prescribed by the act of May 21, 1937 (P.L.774, No.211), 20070H1878B2575 - 159 -
1 referred to as the Pennsylvania Turnpike Commission Act. 2 (b) Maintenance to be paid out of tolls.--The turnpike 3 extensions and improvements and the conversion of toll-free 4 roads to toll roads when completed and open to traffic shall be 5 maintained and repaired by and under the control of the 6 commission. All charges and costs for the maintenance and 7 repairs actually expended by the commission shall be paid out of 8 tolls. The turnpike, the turnpike extensions and improvements 9 and the toll-free roads converted to toll roads shall also be 10 policed and operated by a force of police, toll takers and other 11 operating employees as the commission may, in its discretion, 12 employ. 13 § 8408. Expenses and bonding of commission members. 14 (a) Payment of expenses.--All compensation and salaries and 15 all expenses incurred in carrying out the provisions of this 16 chapter shall be paid solely from funds provided under the 17 authority of this chapter, and no liability or obligation shall 18 be incurred under this chapter beyond the extent to which money 19 shall have been provided under the authority of this chapter. 20 (b) No additional bond required.--The issuance of any 21 turnpike revenue bonds, notes or other obligations under the 22 provisions of this chapter shall not cause any member of the 23 commission to be required to execute a bond that a member of the 24 commission is not otherwise required to execute. 25 § 8409. Acquisition of property rights by commission. 26 (a) Condemnation.--The commission is hereby authorized and 27 empowered to condemn, pursuant to the provisions of 26 Pa.C.S. 28 (relating to eminent domain), any lands, interests in lands, 29 property rights, rights-of-way, franchises, easements and other 30 property deemed necessary or convenient for the construction and 20070H1878B2575 - 160 -
1 efficient operation of the turnpikes and the toll road 2 conversions or necessary in the restoration or relocation of 3 public or private property damaged or destroyed. 4 (b) Purchase.--The commission is hereby authorized and 5 empowered to acquire by purchase, whenever it shall deem such 6 purchase expedient, or otherwise accept if dedicated to it, any 7 lands, interests in lands, property rights, rights-of-way, 8 franchises, easements and other property deemed necessary or 9 convenient for the construction and efficient operation of the 10 turnpikes and toll road conversions or necessary in the 11 restoration of public or private property damaged or destroyed, 12 whether the same had theretofore been condemned or otherwise, 13 upon such terms and at such price as may be considered by it to 14 be reasonable and can be agreed upon between the commission and 15 the owner thereof, and to take title thereto in the name of the 16 commission. The net proceeds of the purchase price payable to a 17 municipality or the Department of Transportation for any real 18 property or interest therein obtained by the commission pursuant 19 to this chapter, less the cost of retiring any bonded 20 indebtedness on such property or interest, shall be used 21 exclusively, in the case of a municipality, for road and bridge- 22 related expenses and, in the case of the Department of 23 Transportation, for highway and bridge construction, 24 reconstruction and maintenance in the same engineering and 25 maintenance district wherein the subject property is located. 26 § 8410. Procedural requirements of acquisition. 27 (a) Title.--Title to any property condemned by the 28 commission shall be taken in the name of the commission. 29 (b) Entry.--In addition to the foregoing powers, the 30 commission and its authorized agents and employees may enter 20070H1878B2575 - 161 -
1 upon any lands, waters and premises in this Commonwealth for the 2 purpose of making surveys, soundings, drillings and 3 examinations, as it may deem necessary or convenient for the 4 purpose of this chapter, and the entry shall not be deemed a 5 trespass, nor shall an entry for such purposes be deemed an 6 entry under any condemnation proceedings which may be then 7 pending. The commission shall make reimbursement for any actual 8 damages resulting to the lands, waters and premises as a result 9 of the activities. 10 (c) Restoration of property.--All public or private property 11 damaged or destroyed in carrying out the powers granted by this 12 chapter shall be restored or repaired and placed in their 13 original condition as nearly as practicable or adequate 14 compensation made therefor out of funds provided under the 15 authority of this chapter. 16 (d) Powers of public bodies.--All political subdivisions and 17 all public agencies and commissions of the Commonwealth, 18 notwithstanding any contrary provision of law, are hereby 19 authorized and empowered to lease, lend, dedicate, grant, convey 20 or otherwise transfer to the commission, upon its request, upon 21 such terms and conditions as the proper authorities of such 22 political subdivisions or public agencies and commissions of the 23 Commonwealth may deem reasonable and fair and without the 24 necessity for any advertisement, order of court or other action 25 or formality, other than the regular and formal action of the 26 authorities concerned, any real property which may be necessary 27 or convenient to the effectuation of the authorized purposes of 28 the commission, including public roads and other real property 29 already devoted to public use. 30 § 8411. Entry and possession of property condemned. 20070H1878B2575 - 162 -
1 Whenever the commission has condemned any lands, rights, 2 rights-of-way, easements and franchises, or interests therein, 3 as provided in this chapter, the commission may proceed to 4 obtain possession in the manner provided by 26 Pa.C.S. (relating 5 to eminent domain). 6 § 8412. Issuance of turnpike revenue bonds, notes or other 7 obligations. 8 (a) Issuance of bonds.--The commission is hereby authorized 9 to provide, by resolution, at one time or from time to time, for 10 the issuance of turnpike revenue bonds, notes or other 11 obligations of the commission for the purpose of paying the cost 12 of the turnpikes, including the reconstruction of the converted 13 roads as provided for in this chapter and the repayment to the 14 Federal Treasury of any funds so required to be repaid pursuant 15 to any special legislation passed by the Congress of the United 16 States authorizing the conversion of toll-free roads to toll 17 roads. The principal and interest of the bonds, notes or other 18 obligations shall be payable solely from revenues of the 19 commission, including tolls collected on the various turnpike 20 extensions, improvements and toll road conversions authorized by 21 this chapter and those tolls collected on the Pennsylvania 22 Turnpike System, subject to the terms of any trust indenture 23 heretofore entered into by the commission and any existing bond 24 resolution of the commission or from such funds as may be 25 available to the commission for that purpose. The bonds, notes 26 or other obligations shall be dated, shall bear interest at such 27 rate or rates acceptable to the commission, shall mature at such 28 time or times not exceeding 40 years from their date or dates, 29 as may be determined by the commission, and may be made 30 redeemable before maturity, at the option of the commission, at 20070H1878B2575 - 163 -
1 such price or prices and under such terms and conditions as may 2 be fixed by the commission prior to the issuance of the bonds, 3 notes or other obligations. The principal and interest of such 4 bonds, notes or other obligations may be made payable in any 5 lawful medium. The commission shall determine the form of bonds, 6 notes or other obligations, including any interest coupons to be 7 attached thereto, and shall fix the denomination or 8 denominations of the bonds, notes or other obligations, and the 9 place or places of payment of principal and interest thereof, 10 which may be at any bank or trust company within or without the 11 Commonwealth. The bonds, notes or other obligations shall be 12 approved by and shall bear the facsimile signatures of the 13 Governor and of the chairman of the commission, and the 14 facsimile of the official seal of the commission shall be 15 affixed thereto, and attested by the secretary and treasurer of 16 the commission, and any coupons attached thereto shall bear the 17 facsimile signature of the chairman of the commission. In case 18 any officer whose signature or a facsimile of whose signature 19 shall appear on any bonds, notes or other obligations or coupons 20 shall cease to be such officer before the delivery of such 21 bonds, notes or other obligations, such signature or such 22 facsimile shall nevertheless be valid and sufficient for all 23 purposes, the same as if he had remained in office until such 24 delivery. 25 (b) Form of bonds.--The bonds, notes or other obligations 26 authorized under this section may be issued in bearer or 27 registered form, with or without coupons attached as the 28 commission may determine, and provision may be made for the 29 registration of any coupon bonds as to principal alone and also 30 as to both principal and interest, and registered and coupon 20070H1878B2575 - 164 -
1 bonds, notes or other obligations may be made interchangeable. 2 The commission may sell such bonds, notes or other obligations 3 in such manner and for such price as it may determine to be for 4 the best interest of the Commonwealth. 5 (c) Use of bond proceeds.--The proceeds of such bonds, notes 6 or other obligations shall be used for the payment of the cost 7 of the turnpikes and the toll road conversions, including the 8 reconstruction of the converted roads as provided for in this 9 chapter and the repayment to the Federal Treasury of any funds 10 so required to be repaid pursuant to any special legislation 11 passed by the Congress of the United States authorizing the 12 conversion of toll-free roads to toll roads, and shall be 13 disbursed upon requisition of the chairman of the commission 14 under such restrictions, if any, as the resolution authorizing 15 the issuance of the bonds, notes or other obligations, or any 16 trust indenture or other agreement entered into by the 17 commission, may provide. If the proceeds of the bonds, notes or 18 other obligations shall exceed the cost of the turnpikes and the 19 toll road conversions, including the reconstruction of the 20 converted roads as provided for in this chapter and the 21 repayment to the Federal Treasury of any funds so required to be 22 repaid pursuant to any special legislation passed by the 23 Congress of the United States authorizing the conversion of 24 toll-free roads to toll roads, such excess proceeds shall be set 25 aside and applied to the payment of the principal and the 26 interest of such bonds, notes or other obligations as are issued 27 pursuant to this chapter. Prior to the preparation of definitive 28 bonds, notes or other obligations, the commission may, under 29 like restrictions, issue temporary bonds, notes or other 30 obligations with or without coupons, exchangeable for definitive 20070H1878B2575 - 165 -
1 bonds, notes or other obligations upon the issuance of the 2 latter. The commission may also provide for the replacement of 3 any bond, note or other obligation which shall become mutilated 4 or be destroyed or lost. Such turnpike revenue bonds, notes or 5 other obligations may be issued without any other proceedings or 6 the happening of any other conditions or things than those 7 proceedings, conditions and things which are specified and 8 required by this chapter. 9 (d) Power to borrow.--The commission is hereby authorized to 10 borrow money, from time to time, to provide for preliminary or 11 interim financing up to, but not exceeding, the estimated total 12 cost of the turnpikes and the toll road conversions, including 13 the reconstruction of said converted roads as provided for in 14 this chapter and the repayment to the Federal Treasury of any 15 funds so required to be repaid pursuant to any special 16 legislation passed by the Congress of the United States 17 authorizing the conversion of toll-free roads to toll roads, and 18 to evidence such borrowing by the issuance of turnpike notes or 19 other obligations of the commission and, in its discretion, to 20 pledge as collateral for such notes or other obligations, 21 turnpike revenue bonds, notes or other obligations issued under 22 the provisions of this chapter, and to renew any such notes or 23 other obligations, from time to time, and the payment or 24 retirement of such notes or other obligations shall be 25 considered to be payment of the cost of the projects authorized 26 by this chapter. 27 (e) Bonds as securities.--The bonds, notes or other 28 obligations authorized under this section are hereby made 29 securities in which all State and municipal officers and 30 administrative departments, boards and commissions of the 20070H1878B2575 - 166 -
1 Commonwealth; all banks, bankers, savings banks, trust 2 companies, saving and loan associations, investment companies 3 and other persons carrying on a banking business; all insurance 4 companies, insurance associations and other persons carrying on 5 an insurance business; and all administrators, executors, 6 guardians, trustees and other fiduciaries; and all other persons 7 whatsoever who now or may hereafter be authorized to invest in 8 bonds or other obligations of the Commonwealth, may properly and 9 legally invest any funds, including capital, belonging to them 10 or within their control, and the bonds, notes or other 11 obligations are hereby made securities which may properly and 12 legally be deposited with and received by any State or municipal 13 officer or agency of the Commonwealth, for any purpose for which 14 the deposit of bonds, notes or other obligations of the 15 Commonwealth is now or may hereafter be authorized by law. 16 (f) Negotiable instruments.--All such bonds, notes or other 17 obligations authorized herein shall have and are hereby declared 18 to have all the qualities and incidents of negotiable 19 instruments under the laws of this Commonwealth. 20 § 8413. Obligation proceeds restricted and lien created. 21 All money received from any bonds, notes or other obligations 22 issued pursuant to this chapter shall be applied solely to the 23 payment of the cost of the turnpike, the turnpike extensions and 24 improvements and the toll road conversions, including the 25 reconstruction of said converted roads as provided for in this 26 chapter and the repayment to the Federal Treasury of any funds 27 so required to be repaid pursuant to any special legislation 28 passed by the Congress of the United States authorizing the 29 conversion of toll-free roads to toll roads or to the 30 appurtenant fund, and there is created and granted a lien upon 20070H1878B2575 - 167 -
1 such money, until so applied, in favor of holders of such bonds, 2 notes or other obligations or the trustee hereinafter provided 3 for in respect of such bonds, notes or other obligations. 4 § 8414. Trust indenture authorized. 5 (a) Security for bonds.--In the discretion of the 6 commission, such bonds, notes or other obligations may be 7 secured by a trust indenture by and between the commission and a 8 corporate trustee, which may be any trust company or bank having 9 the powers of a trust company, within this Commonwealth. Such 10 trust indenture may pledge or assign tolls and revenue to be 11 received but shall not convey or mortgage the Pennsylvania 12 Turnpike System, including the turnpikes and toll road 13 conversions provided for by this chapter or any part thereof. 14 (b) Rights of bondholders.--Either the resolution providing 15 for the issuance of such bonds, notes or other obligations or 16 such trust indenture may contain such provisions for protecting 17 and enforcing the rights and remedies of the bondholders or 18 holders of notes or other obligations as may be reasonable and 19 proper and not in violation of law, including covenants setting 20 forth the duties of the commission in relation to the 21 acquisition of properties and the construction, maintenance, 22 operation and repair, and insurance of, the turnpikes, and the 23 custody, safeguarding and application of all money. It shall be 24 lawful for any bank or trust company incorporated under the laws 25 of this Commonwealth to act as a depository of the proceeds of 26 bonds, notes or other obligations or revenues and to furnish 27 such indemnity bonds or to pledge such securities as may be 28 required by the commission. The trust indenture may set forth 29 the rights and remedies of the bondholders or holders of notes 30 or other obligations and of the trustee and may restrict the 20070H1878B2575 - 168 -
1 individual right of action of bondholders or holders of notes or 2 other obligations as is customary in trust indentures securing 3 bonds, debentures of corporations, notes or other obligations. 4 In addition to the foregoing, the trust indenture may contain 5 such other provisions as the commission may deem reasonable and 6 proper for the security of bondholders or holders of notes or 7 other obligations. All expenses incurred in carrying out the 8 trust indenture may be treated as part of the cost of 9 maintenance, operation and repair of the turnpikes and toll road 10 conversions provided for by this chapter. 11 § 8415. Commission and obligations tax exempt. 12 The accomplishment by the commission of the authorized 13 purposes stated in this chapter being for the benefit of the 14 people of the Commonwealth and for the improvement of their 15 commerce and prosperity, in which accomplishment the commission 16 will be performing essential governmental functions, the 17 commission shall not be required to pay any taxes or assessments 18 on any property acquired or used by it for the purposes provided 19 in this chapter, and the bonds, notes or other obligations 20 issued by the commission, their transfer and the income 21 therefrom, including any profits made on the sale thereof, shall 22 at all times be free from taxation within this Commonwealth. 23 § 8416. Collection and disposition of tolls and other revenue. 24 (a) Establishment and changes in toll amounts.--Subject to 25 the terms of any trust indenture entered into by the commission 26 and any resolution authorizing the issuance of any bonds, notes 27 or other obligations of the commission, the commission is hereby 28 authorized to fix, and to revise, from time to time, tolls for 29 the use of the Pennsylvania Turnpike System and the different 30 parts or sections thereof, including the turnpike, the turnpike 20070H1878B2575 - 169 -
1 extensions and improvements and the toll road conversions 2 authorized by this chapter, and to charge and collect the same, 3 and to contract with any person, partnership, association or 4 corporation desiring the use of any part thereof, including the 5 right-of-way adjoining the paved portion, for placing thereon 6 telephone, telegraph, electric light or power lines, gas 7 stations, garages, stores, hotels, restaurants and advertising 8 signs, or for any other purpose, except for tracks for railroad 9 or railway use, and to fix the terms, conditions, rents and 10 rates of charges for such use. Tolls shall be so fixed and 11 adjusted as to provide funds at least sufficient with other 12 revenues of the Pennsylvania Turnpike System, if any, to pay: 13 (1) the cost of constructing, maintaining, repairing and 14 operating the Pennsylvania Turnpike System and the different 15 parts and sections thereof; and 16 (2) any bonds, notes or other obligations and the 17 interest thereon of the commission, and all sinking fund 18 requirements of the commission, and other requirements 19 provided for by any resolution authorizing the issuance of 20 the bonds, notes or other obligations by the commission, or 21 by any trust indenture to which the commission is a party, as 22 the same shall become due. 23 (b) Restrictions on toll revenue.--Tolls shall not be 24 subject to supervision or regulation by any other State 25 commission, board, bureau or agency. Subject to the terms of any 26 presently existing trust indenture entered into by the 27 commission and any presently existing resolution authorizing the 28 issuance of any bonds, notes or other obligations of the 29 commission, the tolls and all other revenue derived from the 30 Pennsylvania Turnpike System shall be set aside and pledged as 20070H1878B2575 - 170 -
1 may be provided in any resolutions, trust indentures or any 2 other agreements that the commission may hereafter adopt or 3 hereafter enter into with respect to the issuance of bonds, 4 notes or other obligations of the commission. 5 § 8416.1. Electronic toll collection. 6 (a) Liability of owner.-- 7 (1) Notwithstanding any other provision of law, if an 8 operator of a vehicle fails to pay the prescribed toll at any 9 location where tolls are collected by means of electronic 10 toll collection, the owner of the vehicle shall be liable to 11 the commission for failure of the operator of the vehicle to 12 comply with this section where the violation is evidenced by 13 information obtained from a violation enforcement system. 14 (2) If a violation of this section is committed, the 15 registration plate number of the vehicle as recorded by a 16 violation enforcement system shall establish an inference 17 that the owner of the vehicle was then operating the vehicle. 18 The inference shall be overcome if the owner does all of the 19 following: 20 (i) Testifies that the owner was not operating the 21 vehicle at the time of the violation. 22 (ii) Submits to an examination as to who at the time 23 was operating the vehicle. 24 (iii) Reveals the name and residence address, if 25 known, of the operator of the vehicle. 26 (3) If an action or proceeding is commenced in a county 27 other than that of the residence of the owner, a verified 28 written statement setting forth the facts prescribed in 29 paragraph (2)(i) through (iii) shall suffice to overcome the 30 inference. 20070H1878B2575 - 171 -
1 (4) If the inference is overcome, the operator of the 2 vehicle may be held liable under this section for failure to 3 pay the prescribed toll in the same manner as if the operator 4 were the owner of the vehicle. 5 (b) Imposition of liability.--The liability set forth in 6 subsection (a) shall be imposed upon an owner for a violation of 7 this section or the regulations of the commission occurring 8 within the territorial limits of this Commonwealth. If a 9 violation is committed as evidenced by a violation enforcement 10 system, the following shall apply: 11 (1) The commission or an authorized agent or employee 12 must prepare and mail a notice of violation: 13 (i) The notice of violation must be sent by first 14 class mail to each person alleged to be liable as an 15 owner for a violation of this section. The notice must be 16 mailed to the owner at the address shown on the vehicle 17 registration no later than 60 days after the alleged 18 conduct, except that if the inference of operation is 19 overcome as prescribed in subsection (a), the notice must 20 be mailed to the alleged operator of the vehicle no later 21 than 60 days after the date the inference is overcome. 22 Personal service shall not be required. A manual or 23 automatic record of mailing prepared in the ordinary 24 course of business shall be prima facie evidence of the 25 mailing of notice. 26 (ii) The notice must contain information advising 27 the person charged of the manner and time in which the 28 liability alleged in the notice may be contested. The 29 notice must also contain a warning advising the person 30 charged that failure to contest in the manner and time 20070H1878B2575 - 172 -
1 provided shall be deemed an admission of liability and 2 that a default judgment may be entered on the notice. 3 (2) If an owner of a vehicle or an owner who is a lessor 4 of a vehicle receives a notice of violation under this 5 section for any time period during which the vehicle was 6 reported to a police department as having been stolen, it 7 shall be a defense to the allegation of liability that the 8 vehicle had been reported to the police as having been stolen 9 prior to the time the violation occurred and that the vehicle 10 had not been recovered by the time of the violation. For 11 purposes of asserting the defense provided by this 12 subsection, it shall be sufficient that a certified copy of 13 the police report on the stolen vehicle be sent by first 14 class mail to the commission within 30 days after receiving 15 the original notice of violation. Failure to send the 16 information within the 30-day time limit shall render the 17 owner or lessor liable for the penalty prescribed by this 18 section. 19 (3) An owner who is a lessor of a vehicle as to which a 20 notice of violation was issued under paragraph (1) shall not 21 be liable for a violation if the owner sends to the 22 commission a copy of the rental, lease or other such contract 23 document covering the vehicle on the date of the violation, 24 with the name and address of the lessee clearly legible to 25 the commission, within 30 days after receiving the original 26 notice of violation. Failure to send such information within 27 the 30-day time limit shall render the lessor liable for the 28 penalty prescribed by this section. If the lessor complies 29 with the provisions of this section, the lessee of the 30 vehicle on the date of the violation shall be deemed to be 20070H1878B2575 - 173 -
1 the owner of the vehicle for purposes of this section and 2 shall be subject to liability for the penalty prescribed by 3 this subsection. 4 (4) A certified report or a facsimile report of an 5 authorized agent or employee of the commission reporting a 6 violation of this section or regulations of the commission 7 based upon the recorded information obtained from a violation 8 enforcement system shall be prima facie evidence of the facts 9 contained in the report and shall be admissible as an 10 official record kept in the ordinary course of business in 11 any proceeding charging a violation of this section or the 12 toll collection regulations of the commission. 13 (5) Notwithstanding any other provision of law, all 14 videotapes, photographs, microphotographs, other recorded 15 images, written records, reports or facsimiles prepared 16 pursuant to this section shall be for the exclusive use of 17 the commission, its authorized agents, its employees and law 18 enforcement officials for the purpose of discharging duties 19 pursuant to this section and the regulations of the 20 commission. The information shall not be deemed a public 21 record under the act of June 21, 1957 (P.L.390, No.212), 22 referred to as the Right-to-Know Law. The information shall 23 not be discoverable by court order or otherwise, nor shall it 24 be offered in evidence in any action or proceeding which is 25 not directly related to a violation of this section, the 26 regulations of the commission or indemnification for 27 liability imposed pursuant to this section. The restrictions 28 set forth in this paragraph shall not be deemed to preclude a 29 court of competent jurisdiction from issuing an order 30 directing that the information be provided to law enforcement 20070H1878B2575 - 174 -
1 officials if the information is reasonably described and is 2 requested solely in connection with a criminal law 3 enforcement action. The restrictions set forth in this 4 paragraph shall not be deemed to preclude the exchange of 5 such information between any entities with jurisdiction over 6 or which operate an electronic toll collection system in this 7 Commonwealth or any other jurisdiction, nor shall it be 8 deemed to prohibit the use of information exclusively for the 9 purpose of billing electronic toll collection account 10 holders, deducting toll charges from the account of an 11 account holder, enforcing toll collection laws and related 12 regulations or enforcing the provisions of an account holder 13 agreement. 14 (6) An imposition of liability under this section must 15 be based upon a preponderance of evidence. An imposition of 16 liability pursuant to this section shall not be deemed a 17 conviction of an owner and shall not be made part of the 18 motor vehicle operating record of the person upon whom such 19 liability is imposed, nor shall it be considered in the 20 provision of motor vehicle insurance coverage. 21 (7) An owner who shall admit, be found liable or fail to 22 respond to the notice of violation for a violation of this 23 section shall be civilly liable to the commission for the 24 amount of the toll evaded or attempted to be evaded, if such 25 amount can be determined, and a reasonable administrative fee 26 not to exceed $35 per notification. If the amount of the toll 27 evaded or attempted to be evaded cannot be determined, that 28 amount shall be deemed to be equal to the maximum toll from 29 the farthest point of entry on the Pennsylvania Turnpike to 30 the actual point of exit. 20070H1878B2575 - 175 -
1 (8) Nothing in this section shall be construed to limit 2 the liability of the operator of a vehicle for any violation 3 of this section or of the regulations of the commission. 4 (c) Placement of electronic toll collection device.--An 5 electronic toll collection device which is affixed to the front 6 windshield of a vehicle in accordance with the regulations of 7 the commission shall not be deemed to constitute a violation of 8 75 Pa.C.S. § 4524 (relating to windshield obstructions and 9 wipers). 10 (d) Privacy of electronic toll collection account holder 11 information.--Notwithstanding any other provision of law, all 12 information kept by the commission, its authorized agents or its 13 employees which is related to the account of an electronic toll 14 collection system account holder shall be for the exclusive use 15 of the commission, its authorized agents, its employees and law 16 enforcement officials for the purpose of discharging their 17 duties pursuant to this section and the regulations of the 18 commission. This information includes names, addresses, account 19 numbers, account balances, personal financial information, 20 vehicle movement records or other information compiled from 21 transactions with such account holders. The information shall 22 not be deemed a public record under the Right-to-Know Law, nor 23 shall it be discoverable by court order or otherwise or be 24 offered in evidence in any action or proceeding which is not 25 directly related to the discharge of duties under this section, 26 the regulations of the commission or a violation of an account 27 holder agreement. The restrictions set forth in this subsection 28 shall not be deemed to preclude a court of competent 29 jurisdiction from issuing an order directing that the 30 information be provided to law enforcement officials if the 20070H1878B2575 - 176 -
1 information is reasonably described and is requested solely in 2 connection with a criminal law enforcement action. The 3 restriction set forth in this subsection shall not be deemed to 4 preclude the exchange of such information between any entities 5 with jurisdiction over or which operate an electronic toll 6 collection system in this Commonwealth or any other 7 jurisdiction, nor shall it be deemed to prohibit the use of the 8 information exclusively for the purpose of billing electronic 9 toll collection account holders, deducting toll charges from the 10 account of an account holder, enforcing toll collection laws and 11 related regulations or enforcing the provisions of an account 12 holder agreement. 13 (e) Definition.--As used in this section, the term "owner" 14 means any person, corporation, firm, partnership, agency, 15 association, organization or lessor that, at the time a vehicle 16 is operated in violation of this section or regulations of the 17 commission, is the beneficial or equitable owner of the vehicle, 18 has title to the vehicle, is the registrant or coregistrant of 19 the vehicle registered with the Department of Transportation or 20 a comparable agency of another jurisdiction or uses the vehicle 21 in its vehicle renting or leasing business. The term includes a 22 person entitled to the use and possession of a vehicle subject 23 to a security interest in another person. 24 § 8417. Refunding bonds. 25 The commission is hereby authorized to provide, by 26 resolution, for the issuance of turnpike revenue refunding bonds 27 for the purpose of refunding any turnpike revenue bonds, notes 28 or other obligations issued and then outstanding. The issuance 29 of such turnpike revenue refunding bonds, the maturities and 30 other details thereof, the rights of the holders thereof and the 20070H1878B2575 - 177 -
1 duties of the Commonwealth and of the commission in respect to 2 the same shall be governed by the provisions of this chapter 3 insofar as the same may be applicable. 4 § 8418. Rights of obligation holders and trustees. 5 Any holder of bonds, notes or other obligations issued under 6 the provisions of this chapter, or any of the coupons attached 7 thereto, and the trustee under the trust indenture, if any, 8 except to the extent the rights given in this section, may be 9 restricted by resolution passed before the issuance of the 10 bonds, notes or other obligations, or by the trust indenture, 11 may, either at law or in equity, by suit, action, mandamus or 12 other proceedings, protect and enforce any and all rights 13 granted hereunder or under such resolution or trust indenture 14 and may enforce and compel performance of all duties required by 15 this chapter or by such resolution or trust indenture to be 16 performed by the commission or any officer thereof, including 17 the fixing, charging and collecting of tolls for the use of the 18 turnpikes. 19 § 8419. Authority granted to Secretary of Transportation. 20 (a) Agreement with Federal Government.--The Secretary of 21 Transportation is hereby authorized and empowered to enter into 22 an agreement with the United States Department of 23 Transportation, the Federal Highway Administration and any other 24 Federal agency pursuant to section 105 of the Federal-Aid 25 Highway Act of 1978 (Public Law 95-599), in order to obtain 26 Federal funds for projects for resurfacing, restoring and 27 rehabilitating toll roads in Pennsylvania. The commission is 28 authorized to use Federal funds which may be available for toll 29 roads only pursuant to the approval of the Pennsylvania 30 Secretary of Transportation and only pursuant to the authority 20070H1878B2575 - 178 -
1 granted in this section. 2 (b) Approval by department.--All contracts and agreements 3 relating to the construction of the turnpikes and connecting 4 tunnels and bridges shall be approved by the Department of 5 Transportation. 6 § 8420. Construction of chapter. 7 This chapter shall be deemed to provide an additional and 8 alternative method for the doing of things authorized thereby 9 and shall be regarded as supplemental and additional to powers 10 conferred by other laws and shall not be regarded as in 11 derogation of any powers now existing and shall be liberally 12 construed to effect the purposes thereof. 13 Section 6. Sections 8901, 8911 and 8915 of Title 75, amended 14 July 18, 2007 (P.L.169, No.44), are amended to read: 15 § 8901. Definitions. 16 The following words and phrases when used in this chapter 17 shall have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 ["Annual additional payments." As follows: 20 (1) During the conversion period and after the 21 conversion date, an amount equal to the scheduled annual 22 commission contribution, minus the sum of: 23 (i) $200,000,000 paid as annual base payments; 24 (ii) any Interstate 80 savings for that fiscal year. 25 (2) If the conversion period has expired and a 26 conversion notice has not been received by the secretary, in 27 each subsequent fiscal year until the end of the term of the 28 lease agreement, the annual additional payments shall be 29 $250,000,000. 30 "Annual base payments." An amount equal to the sum of the 20070H1878B2575 - 179 -
1 following: 2 (1) Annual debt service on outstanding bonds issued 3 under section 9511.2 (relating to special revenue bonds) 4 payable as required pursuant to the bonds. 5 (2) Two hundred million dollars payable annually in four 6 equal installments each due the last business day of each 7 July, October, January and April. 8 "Annual surplus payments." An amount equal to the general 9 reserve fund surplus payable for each fiscal year until the end 10 of the term of the lease agreement. 11 "Auditor General's certificate." The certificate issued by 12 the Auditor General within 180 days after the end of each fiscal 13 year of the Pennsylvania Turnpike Commission certifying all of 14 the following: 15 (1) The amount of the general reserve fund surplus for 16 the fiscal year. 17 (2) After review of the commission's current ten-year 18 capital plan, that the transfer of the general reserve fund 19 surplus under section 8915.3 (relating to lease of Interstate 20 80; related agreements) shall not impair the ability of the 21 commission to meet its obligations under the lease agreement 22 or the commission's ten-year capital plan.] 23 "Commission." The Pennsylvania Turnpike Commission. 24 ["Conversion date." The date set forth in the conversion 25 notice when the Pennsylvania Turnpike Commission intends to 26 exercise its option to convert Interstate 80 to a toll road. 27 "Conversion notice." Written notice to the Secretary of 28 Transportation from the Pennsylvania Turnpike Commission 29 providing notice of its intent to exercise its options to 30 convert Interstate 80 under section 8915.3(3) (relating to lease 20070H1878B2575 - 180 -
1 of Interstate 80; related agreements). 2 "Conversion period." A period of three years: 3 (1) which begins on the date of execution of the lease 4 agreement; and 5 (2) during which the Pennsylvania Turnpike Commission 6 may give the Department of Transportation conversion notice 7 or notice that the commission has exercised its option to 8 extend the conversion period pursuant to section 8915.3(2) 9 (relating to lease of Interstate 80; related agreements). 10 "Fiscal year." The fiscal year of the Commonwealth. 11 "General reserve fund surplus." The amount which: 12 (1) is certified by the Auditor General in the Auditor 13 General's certificate as existing in the Pennsylvania 14 Turnpike Commission's general reserve fund on the last day of 15 the fiscal year of the commission; and 16 (2) is not required to be retained in the general 17 reserve fund pursuant to any financial documents, financial 18 covenants, insurance policies, liquidity policies or 19 agreements in effect at the commission. 20 "Interstate 80 savings." An amount equal to the following: 21 (1) Prior to the conversion date, the amount shall be 22 zero. 23 (2) In the first fiscal year, including the conversion 24 date, the amount shall be a pro rata share of $116,985,856 25 calculated using the number of calendar days in the year 26 after the conversion date divided by 365 days. 27 (3) In the fiscal year succeeding the year, including 28 the conversion date, the amount shall be $121,665,290. 29 (4) In subsequent fiscal years, the amount shall be the 30 amount calculated for the previous year increased by 4%. 20070H1878B2575 - 181 -
1 "Lease agreement." A lease agreement between the Department 2 of Transportation and the Pennsylvania Turnpike Commission which 3 shall include provisions setting forth the terms of the 4 conversion of Interstate 80 to a toll road. 5 "Scheduled annual commission contribution." The following 6 amounts: 7 (1) $750,000,000 in fiscal year 2007-2008. 8 (2) $850,000,000 in fiscal year 2008-2009. 9 (3) $900,000,000 in fiscal year 2009-2010. 10 (4) For fiscal year 2010-2011 and each fiscal year 11 thereafter, the amount shall be the amount calculated for the 12 previous year increased by 2.5%, except that the amount shall 13 be equal to the annual base payments plus $250,000,000 if the 14 conversion notice is not received by the secretary prior to 15 the expiration of the conversion period.] 16 § 8911. Improvement and extension authorizations. 17 In order to facilitate vehicular traffic within and across 18 this Commonwealth, the commission is hereby authorized and 19 empowered to construct, operate and maintain turnpike extensions 20 and turnpike improvements at such specific locations and 21 according to such schedule as shall be deemed feasible and 22 approved by the commission, together with connecting roads, 23 storm water management systems, [interchanges, slip ramps,] 24 tunnels and bridges, subject to the waiver of the Federal toll 25 prohibition provisions where applicable, as follows: 26 (1) Widen turnpike to six lanes between the Northeast 27 Extension and the Delaware River Interchange. 28 (2) Construct turnpike interchange with Interstate Route 29 95 in Bucks County. 30 (3) Construct turnpike interchange with Interstate Route 20070H1878B2575 - 182 -
1 476 in Montgomery County.
2 (4) Construct turnpike interchange with Keyser Avenue in
3 Lackawanna County.
4 (5) Construct extensions to the existing turnpike from a
5 point westerly of existing Interchange 2 extending northerly
6 to a connection with the existing interchange between U.S.
7 Route 422 and proposed State Route 60 in Lawrence County and
8 extending southerly to a connection with existing State Route
9 60 in Beaver County at or near State Route 51.
10 (6) Construct an extension to the turnpike from a point
11 at or near Interchange 8 in Westmoreland County extending
12 northerly to an interchange with State Route 66 northwest of
13 Greensburg and continuing northerly to an interchange with
14 U.S. Route 22 south of Delmont.
15 (7) Construct an additional Lehigh Tunnel on the
16 Northeast Extension of the turnpike.
17 (8) Construct a private turnpike interchange directly
18 connected to the New Cumberland Army Depot. The commission
19 may commence construction of the private turnpike interchange
20 notwithstanding the construction schedule established by this
21 section.
22 (9) Construct an interchange on the Northeast Extension
23 with State Route 903 in Carbon County. The commission may
24 commence construction of this interchange notwithstanding the
25 construction schedule established by this section.
26 [(10) Other slip ramps and interchanges as the
27 commission may determine.]
28 § 8915. Conversion to toll roads.
29 In order to facilitate vehicular traffic within and across
30 this Commonwealth, and [to facilitate] after the completion of
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1 the turnpike extensions and improvements authorized in section 2 8911 (relating to improvement and extension authorizations), and 3 subject to prior legislative approval by the General Assembly 4 and the United States Congress, the commission is hereby 5 authorized and empowered to convert to toll roads such portions 6 of Pennsylvania's interstate highway system as may be required 7 in order to facilitate the completion of the turnpike extensions 8 and improvements authorized in sections 8912 (relating to 9 subsequent extension authorizations), 8913 (relating to 10 additional subsequent extension authorizations) and 8914 11 (relating to further subsequent authorizations) and to operate 12 and maintain such converted interstates as toll roads upon the 13 approval by the Congress of the United States of America and the 14 General Assembly of this Commonwealth of legislation expressly 15 permitting the conversion of such interstates to toll roads. 16 Such conversions shall take place at a time and manner set forth 17 in the plan for the conversion prepared by the [commission with 18 the cooperation of the] department. The provisions authorizing 19 the commission to construct, operate and maintain the turnpike 20 routes in sections 8911, 8912 and 8913 shall be subject to: 21 (1) the prior passage by the Congress of the United 22 States and the General Assembly of this Commonwealth of 23 legislation permitting the conversion of certain interstates 24 to toll roads; or 25 (2) the availability of such other funds as might become 26 available in amounts that would be sufficient to fund to 27 completion any of the individual turnpike extensions and 28 improvements set forth in sections 8912, 8913 and 8914 so 29 long as no turnpike extension or improvement authorized by 30 section 8914 is undertaken until after all the turnpike 20070H1878B2575 - 184 -
1 extensions authorized by section 8913 are completed and no 2 turnpike extension authorized by section 8913 is undertaken 3 until after all the turnpike extensions and improvements 4 authorized by section 8912 are completed. The commission is 5 authorized to use Federal funds which may be available for 6 toll roads only pursuant to the approval of the Secretary of 7 Transportation and only pursuant to the authority granted in 8 section 19 of the act of September 30, 1985 (P.L.240, No.61), 9 known as the Turnpike Organization, Extension and Toll Road 10 Conversion Act. 11 Section 7. Sections 8915.1, 8915.2, 8915.3, 8915.4, 8915.5, 12 8915.6, 8915.7, 8917, 8918, 9501, 9511.2, 9511.3, 9511.4, 13 9511.5, 9511.6, 9511.7, 9511.8, 9511.9, 9511.10, 9511.11, 14 9511.12 and 9511.13 of Title 75, added July 18, 2007 (P.L.169, 15 No.44), are repealed: 16 [§ 8915.1. Conversion of Interstate 80. 17 In order to facilitate vehicular traffic across this 18 Commonwealth, the commission is authorized and empowered to do 19 all of the following: 20 (1) Convert Interstate 80 to a toll road and maintain 21 and operate it as a toll road. 22 (2) Construct, reconstruct, widen, expand, extend, 23 maintain and operate Interstate 80 from a point at or near 24 the Ohio border to a point at or near the New Jersey border, 25 together with connecting roads, interchanges, slip ramps, 26 tunnels and bridges. 27 (3) Issue turnpike revenue bonds, notes or other 28 obligations, payable solely from revenues of the commission, 29 including tolls, or from funds as may be available to the 30 commission for that purpose, to pay the cost of constructing, 20070H1878B2575 - 185 -
1 reconstructing, widening, expanding or extending Interstate 2 80 or any other costs of Interstate 80 and the Pennsylvania 3 Turnpike. 4 (4) Provide quarterly reports and periodic updates 5 regarding significant developments with respect to the 6 conversion of Interstate 80 to the chairman and minority 7 chairman of the Transportation Committee of the Senate and 8 the chairman and minority chairman of the Transportation 9 Committee of the House of Representatives. These reports 10 shall include, at a minimum, the status of outstanding 11 discussions with the United States Department of 12 Transportation regarding Interstate 80, the location and 13 construction of tolling-related equipment for Interstate 80, 14 planned capital improvements for Interstate 80 and other 15 information important to implementation of this section. 16 § 8915.2. Application to United States Department of 17 Transportation. 18 (a) Application.--The commission, in consultation with the 19 department and at its own expense, is authorized to prepare and 20 submit an application to the United States Department of 21 Transportation for the conversion of Interstate 80 to a toll 22 road. The secretary shall ensure that all information required 23 for the application is made available to the commission as soon 24 as practicable after the effective date of this section. 25 (b) Open system.--A toll system shall consist of what is 26 commonly referred to as an open system with no more than ten 27 toll collection points. 28 (c) Other agreements.--The commission and the department may 29 enter into any other agreements as may be necessary to 30 effectuate the execution of the application filed under this 20070H1878B2575 - 186 -
1 section. 2 § 8915.3. Lease of Interstate 80; related agreements. 3 The department and the commission shall enter into a lease 4 agreement relating to Interstate 80 prior to October 15, 2007. 5 The lease agreement shall include provisions setting forth the 6 terms and conditions of the conversion of Interstate 80 to a 7 toll road. The lease agreement and any related agreement, at a 8 minimum, shall include the following: 9 (1) A provision that the term of the lease agreement 10 shall be 50 years, unless extended upon mutual agreement of 11 the parties to the lease agreement and upon approval of the 12 General Assembly. 13 (2) A provision establishing the conversion period and 14 authorizing extension of the conversion period at the sole 15 option of the commission for three one-year extension periods 16 after consultation with the secretary. The commission shall 17 notify the secretary of its intent to extend the conversion 18 period not less than 90 days before the scheduled expiration 19 of the conversion period. During the conversion period, all 20 legal, financial and operational responsibility for 21 Interstate 80 shall remain with the department. All 22 operations and programmed rehabilitation shall be maintained 23 at levels no less favorable than those set forth in the 24 department's 12-year plan at the time of the execution of the 25 lease, with modifications as are approved in writing by the 26 chairman of the commission. 27 (3) A provision permitting the commission to exercise 28 its option to convert Interstate 80 to a toll road prior to 29 the expiration of the conversion period by providing the 30 conversion notice to the secretary. Beginning on the 20070H1878B2575 - 187 -
1 conversion date, all legal, financial and operational 2 responsibility for Interstate 80, as well as all toll 3 revenues subsequently collected with respect to its use, 4 shall automatically transfer to the commission. The 5 secretary, within five business days after receiving the 6 conversion notice, shall forward notice of the conversion 7 date to the Legislative Reference Bureau for publication in 8 the Pennsylvania Bulletin. Any revenues collected prior to 9 the conversion date shall be retained by the department. The 10 commission may contract with the department for any portion 11 of the maintenance of Interstate 80 at cost levels agreed to 12 by the department and the commission. 13 (4) A provision requiring the commission to pay annual 14 base payments to the department during the term of the lease 15 agreement. 16 (5) A provision requiring the commission to pay annual 17 additional payments to the department. The annual additional 18 payments shall be payable in four equal installments on the 19 last business day of each July, October, January and April of 20 each year during the term of the lease agreement. 21 (6) A provision requiring the commission to pay, 22 commencing in the fiscal year including the conversion date, 23 annual surplus payments to the department. The annual surplus 24 payments shall be payable by the commission within 30 days of 25 receipt by the commission of the Auditor General's 26 certificate. 27 (7) A provision stating that the obligation of the 28 commission to pay the annual base payments, the annual 29 additional payments and annual surplus payments shall be a 30 subordinate obligation of the commission payable from amounts 20070H1878B2575 - 188 -
1 in the general reserve fund of the commission only as 2 permitted by any financing documents, financial covenants, 3 liquidity policies or agreements in effect at the commission. 4 § 8915.4. Initial payment. 5 (a) Commission payment required.--Within 20 days after the 6 effective date of this section, the commission shall pay to the 7 department an amount equal to $62,500,000, which shall be 8 deposited into the Public Transportation Trust Fund. The amount 9 paid shall represent 25% of the amount the department is 10 required to deposit into the Public Transportation Trust Fund 11 under 74 Pa.C.S. § 1506(b)(1)(i)(A) (relating to fund) and is 12 payable by the commission under the lease agreement. 13 (b) Use of payment.--The department shall allocate the funds 14 received under subsection (a) pursuant to 74 Pa.C.S. Ch. 15 15 (relating to sustainable mobility options). 16 (c) Credits.--The payment made by the commission under this 17 section shall be credited against the total amount payable by 18 the commission under the lease agreement for the 2007-2008 19 fiscal year. 20 § 8915.5. Other interstate highways. 21 In order to facilitate vehicular traffic across this 22 Commonwealth and pursuant to the authority granted under this 23 chapter, the commission is hereby authorized and empowered to: 24 (1) at its own expense and in consultation with the 25 department, prepare a consulting civil engineer report and 26 financial analysis with respect to the feasibility of 27 converting any interstate highway or interstate highway 28 segment to a toll road or adding to said interstates 29 additional capacity projects financed by tolls; and 30 (2) at its own expense and in consultation with the 20070H1878B2575 - 189 -
1 department and with approval of the General Assembly, prepare 2 and submit an application to the United States Department of 3 Transportation for the conversion of any interstate or 4 interstate segment determined to be eligible for conversion 5 to a toll road under any applicable Federal program. 6 § 8915.6. Deposit and distribution of funds. 7 (a) Deposits.--Upon receipt by the department, the following 8 amounts from the scheduled annual commission contribution shall 9 be deposited in the Motor License Fund: 10 (1) For fiscal year 2007-2008, $450,000,000. 11 (2) For fiscal year 2008-2009, $500,000,000. 12 (3) For fiscal year 2009-2010, $500,000,000. 13 (4) For fiscal year 2010-2011 and each fiscal year 14 thereafter, the amount calculated for the previous year 15 increased by 2.5%. 16 (b) Distribution.--The following shall apply: 17 (1) Annually, 15% of the amount deposited in any fiscal 18 year under subsection (a) shall be distributed at the 19 discretion of the secretary. 20 (2) Annually, $5,000,000 of the amount deposited in any 21 fiscal year under subsection (a) shall be distributed to 22 counties. 23 (i) The distribution shall be in the ratio of: 24 (A) the square footage of deck area of a 25 county's county-owned bridges; to 26 (B) the total square footage of deck area of 27 county-owned bridges throughout this Commonwealth. 28 (ii) The amount of square footage under subparagraph 29 (i) shall be that reported as part of the National Bridge 30 Inspection Standards Program. 20070H1878B2575 - 190 -
1 (3) Annually, $30,000,000 of the amount deposited in any 2 fiscal year under subsection (a) shall be distributed to 3 municipalities pursuant to the act of June 1, 1956 (1955 4 P.L.1944, No.655), referred to as the Liquid Fuels Tax 5 Municipal Allocation Law. 6 (4) Any funds deposited under subsection (a) but not 7 distributed under paragraphs (1), (2) and (3) shall be 8 distributed in accordance with needs-based formulas that are 9 developed and subject to periodic revision based on 10 consultation and collaboration among metropolitan planning 11 organizations, rural planning organizations and the 12 department. 13 (c) Definitions.--The following words and phrases when used 14 in this section shall have the meanings given to them in this 15 subsection unless the context clearly indicates otherwise: 16 "Metropolitan planning organization." The policy board of an 17 organization created and designated to carry out the 18 metropolitan transportation planning process. 19 "Rural planning organization." The organization of counties 20 with populations of less than 50,000 created and designated as 21 local development districts and which carry out the rural 22 transportation planning process. 23 § 8915.7. Impact on associated highways and local roads. 24 Prior to the conversion date and within one year following 25 the conversion date, the commission, in collaboration with the 26 department, shall conduct traffic studies to determine the 27 average daily traffic on associated roads and highways. The 28 purpose of these studies will be to quantify any diversion of 29 traffic from Interstate 80 to other roadways as a result of the 30 conversion. This section shall not require duplication of 20070H1878B2575 - 191 -
1 traffic studies undertaken by the commission as a part of the 2 conversion process or undertaken by the department as a normal 3 course of the department's operations. 4 § 8917. Financial plan. 5 (a) Submission.-- 6 (1) No later than June 1 of each year, the commission 7 shall prepare and provide to the Secretary of the Budget a 8 financial plan for the ensuing fiscal year of the commission 9 that describes the commission's proposed: 10 (i) operating and capital expenditures; 11 (ii) borrowings; 12 (iii) liquidity and other financial management 13 covenants and policies; 14 (iv) estimated toll rates; and 15 (v) all other revenues and expenditures. 16 (2) The financial plan shall demonstrate that the 17 operation of the commission in accordance with the plan can 18 reasonably be anticipated to result in the commission having 19 unencumbered funds during the ensuing and future fiscal years 20 of the commission sufficient to make the payments due to the 21 department under this chapter and the lease agreement for the 22 ensuing and future fiscal years after all other obligations 23 of the commission have been met. Financial plans prepared 24 after June 1, 2008, shall also describe any deviations that 25 occurred from the financial plan for the prior fiscal year of 26 the commission and the reasons for the deviations. 27 (b) Receipt.--If the Secretary of the Budget receives the 28 financial plan by the date required under subsection (a), the 29 commission shall be authorized to conduct its operations in 30 accordance with the plan. The financial plan may not be amended 20070H1878B2575 - 192 -
1 by the commission unless the commission notifies the secretary 2 in writing of the amendment. 3 (c) Cooperation.--The commission shall provide to the 4 Secretary of the Budget all information requested in connection 5 with review of a financial plan, including materials used to 6 prepare the plan. The information shall be provided as soon as 7 practicable after the request. 8 (d) Effect of provisions.--Nothing in this section shall be 9 deemed to prevent the commission from conducting its normal 10 course of business or prevent the commission from complying with 11 any covenants made to current bondholders, debt holders or 12 creditors. 13 (e) Lease agreement.--The provisions of this section and 14 section 8918 (relating to failure to perform) shall be included 15 in the lease agreement. 16 § 8918. Failure to perform. 17 (a) Notice.--The Secretary of the Budget shall send written 18 notice to the commission and to the Governor of the failure of 19 the commission to do any of the following: 20 (1) Make a payment to the department under this chapter 21 or the lease agreement. 22 (2) Deliver a financial plan to the Secretary of the 23 Budget within the time prescribed under section 8917 24 (relating to financial plan). 25 (b) Unanimous vote required.-- 26 (1) Except as provided under paragraph (1.1), upon the 27 receipt by the commission of the notice under subsection (a) 28 and notwithstanding any other provision of law, action of the 29 commission taken by vote of the commissioners shall require a 30 unanimous vote of all commissioners. Violation of this 20070H1878B2575 - 193 -
1 paragraph shall render the action invalid. 2 (1.1) A unanimous vote shall not be required if it would 3 prevent the commission from complying with any covenants made 4 to current bondholders, debt holders or creditors. 5 (2) The requirement of paragraph (1) shall continue 6 until: 7 (i) the required payments have been made to the 8 department or the required financial plan has been 9 delivered; and 10 (ii) the Secretary of the Budget has notified the 11 commission and the Governor of that fact. 12 § 9501. Definitions. 13 The following words and terms when used in this chapter shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Act 3." The act of April 17, 1997 (P.L.6, No.3), entitled, 17 "An act amending Titles 74 (Transportation) and 75 (Vehicles) of 18 the Pennsylvania Consolidated Statutes, further providing for 19 annual appropriation and computation of subsidy and for 20 distribution of funding; providing for distribution of 21 supplemental funding; further providing for use of funds 22 distributed; providing for public transportation grants 23 management accountability, for competitive procurement and for 24 the Public Transportation Assistance Fund; further providing for 25 period of registration, for duties of agents, for registration 26 and other fees, for requirements for periodic inspection of 27 vehicles, for limits on number of towed vehicles, for operation 28 of certain combinations on interstate and other highways and for 29 width and length of vehicles; providing for liquid fuels and 30 fuels permits and bond or deposit of securities, for imposition 20070H1878B2575 - 194 -
1 of liquid fuels and fuels tax, for taxpayer, for distributor's 2 report and payment of tax, for determination of tax, penalties 3 and interest, for examination of records and equipment, for 4 retention of records by distributors and dealers, for 5 disposition and use of tax, for discontinuance or transfer of 6 business, for suspension or revocation of permits, for lien of 7 taxes, penalties and interest, for collection of unpaid taxes, 8 for reports from common carriers, for violations and reward for 9 detection of violations, for refunds, for diesel fuel importers 10 and transporters, for prohibiting use of dyed diesel fuel, for 11 disposition of fees, fines and forfeitures, for certified copies 12 of records and for uncollectible checks; further providing for 13 distribution of State highway maintenance funds and for 14 standards and methodology for data collection; providing for 15 dirt and gravel road maintenance; further providing for 16 imposition of tax and additional tax; providing for tax on 17 alternative fuels; further providing for disposition of tax 18 revenue; making an appropriation; and making repeals." 19 "Annual debt service payments." The annual debt service 20 payments on the bonds issued under section 9511.2 (relating to 21 special revenue bonds) and payable by the commission to the 22 department as part of annual base payments as defined under 23 section 8901 (relating to definitions). 24 "Bond-related expenses." The term shall include all of the 25 following: 26 (1) Printing, publication or advertising expenses with 27 respect to the sale and issuance of bonds. 28 (2) Fees, expenses and costs of registrars. 29 (3) Fees, expenses and costs of attorneys, accountants, 30 feasibility consultants, computer programmers or other 20070H1878B2575 - 195 -
1 experts employed to aid in the sale and issuance of the 2 bonds. 3 (4) Other costs, fees and expenses incurred or 4 reasonably related to the issuance and sale of the bonds 5 including the funding of a debt service reserve fund. 6 "Bond-related obligation." An agreement or contractual 7 relationship between the Pennsylvania Turnpike Commission and: 8 (1) a bank, trust company, insurance company, surety 9 bonding company, pension fund or other financial institution 10 providing increased credit on or security for the bonds or 11 liquidity for secondary market transactions; or 12 (2) the counter party to a swap agreement. 13 "Commission." The Pennsylvania Turnpike Commission or any 14 successor organization. 15 "Cost of the department." The term includes the costs of all 16 of the following: 17 (1) Constructing, reconstructing, widening, expanding or 18 extending the State highway and rural State highway system 19 and connecting roads, tunnels and bridges. 20 (2) Systems of public passenger transportation or 21 portions of the systems, the placing of the systems in 22 operation and the condemnation of property necessary for 23 construction and operation of the systems. 24 (3) Lands, property rights, rights-of-way, easements and 25 franchises acquired, which are deemed necessary or convenient 26 for the construction, reconstruction, widening, expanding or 27 extending under paragraph (1) or (2). 28 (4) Machinery and equipment, financing charges, interest 29 prior to and during construction and for one year after 30 completion of construction. 20070H1878B2575 - 196 -
1 (5) Any of the following: 2 (i) Traffic estimates, engineering and legal 3 expenses, plans, specifications, surveys and estimates of 4 cost and of revenues. 5 (ii) Other expenses necessary or incident to 6 determining the feasibility or practicability of the 7 enterprise. This subparagraph includes administrative and 8 legal expenses. 9 (iii) Other expenses as may be necessary or incident 10 to the financing authorized under this chapter, the 11 construction, reconstruction, widening, expanding or 12 extending of the State highway and the rural State 13 highway system and connecting roads, tunnels and bridges. 14 (6) Any obligation or expense contracted for by the 15 department or with the United States or an agency of the 16 United States, for traffic surveys, preparation of plans and 17 specifications, supervision of construction and other 18 engineering, administrative and legal services and expenses 19 in connection with the construction, reconstruction, 20 widening, expanding or extending of the State highway and 21 rural State highway system or any of the connecting roads, 22 tunnels and bridges or the costs of the systems of public 23 passenger transportation or portions of the systems. 24 (7) Payment of any notes or other obligations if the 25 notes or other obligations were issued for the payment of a 26 cost of the department. 27 "Design-build arrangement." A procurement or project 28 delivery arrangement whereby a single entity, which may be a 29 single contractor or a consortium comprised of multiple 30 contractors, engineers and other subconsultants, is responsible 20070H1878B2575 - 197 -
1 for both the design and construction of a transportation project 2 with a guaranteed completion date and guaranteed maximum price. 3 "Pledged revenues." Annual debt service payments and 4 revenues described in 75 Pa.C.S. § 9511.11(b)(2) (relating to 5 pledged revenues). 6 "Regularly scheduled debt service." The scheduled payments 7 due for principal and interest on bonds, without regard to any 8 acceleration of the due date of such principal or interest by 9 reason of mandatory or optional redemption or acceleration 10 resulting from default or otherwise, other than an advancement 11 of payment resulting from a mandatory sinking fund payment. 12 "Rural State highway system." All roads and highways taken 13 over by the Commonwealth as State highways under the provisions 14 of the act of June 22, 1931 (P.L.594, No.203), referred to as 15 the Township State Highway Law, and all other roads and highways 16 specifically designated by the Secretary of Transportation as 17 Rural State Highways. 18 "State highway." All roads and highways taken over by the 19 Commonwealth as State highways under the provisions of any 20 statute other than the act of June 22, 1931 (P.L.594, No.203), 21 referred to as the Township State Highway Law. Unless clearly 22 intended, the term shall not include any street in any city, 23 borough or incorporated town, even though the same may have been 24 taken over as a State highway. 25 § 9511.2. Special revenue bonds. 26 (a) Payment source.--A special revenue bond, note or other 27 obligation issued under this chapter: 28 (1) shall not be deemed to be a debt or liability of the 29 Commonwealth; 30 (2) shall not create or constitute any indebtedness, 20070H1878B2575 - 198 -
1 liability or obligation of the Commonwealth; and 2 (3) shall be payable solely from pledged revenues. 3 (b) Statement.--A special revenue bond, note or other 4 obligation issued under this chapter must contain a statement on 5 its face that: 6 (1) the Commonwealth is not obligated to pay the bond, 7 note or obligation or the interest on it except from pledged 8 revenues; and 9 (2) neither the faith and credit, nor the taxing power 10 of the Commonwealth is pledged to the payment of the 11 principal or interest of the bond, note or obligation. 12 (c) Taxation.--The issuance of a special revenue bond, note 13 or other obligation under this chapter shall not directly, 14 indirectly or contingently obligate the Commonwealth to levy a 15 tax or to make an appropriation for payment. 16 § 9511.3. Expenses. 17 (a) Reimbursement.--The commission shall be reimbursed from 18 bond proceeds for the necessary and documented reasonable 19 expenses incurred in the performance of the duties performed 20 under the provisions of this chapter. 21 (b) Source.--All expenses incurred in carrying out the 22 provisions of this chapter shall be paid solely from funds 23 provided under the authority of this chapter, and sufficient 24 funds shall be provided under the authority of this chapter to 25 meet any liability or obligation incurred in carrying out the 26 provisions of this chapter. 27 § 9511.4. Special revenue bonds and preliminary or interim 28 financing. 29 (a) Authorization.--The commission is authorized to provide, 30 by resolution, for the issuance of special revenue bonds of the 20070H1878B2575 - 199 -
1 commission up to an aggregate principal amount not exceeding 2 $5,000,000,000, exclusive of original issue discount, for the 3 purpose of paying the cost of the department and bond-related 4 expenses. The resolution must recite an estimate of the cost of 5 the department. No more than $600,000,000 in aggregate principal 6 amount of special revenue bonds, exclusive of original issue 7 discount, may be issued in any calendar year. No bond may be 8 issued and outstanding under this section unless the lease 9 agreement authorized under section 8915.3 (relating to lease of 10 Interstate 80; related agreements) is in effect as of the date 11 of issuance. No bond may be outstanding beyond the term of the 12 lease. Special revenue refunding bonds as set forth in section 13 9511.9 (relating to special revenue refunding bonds) shall not 14 be deemed to count against the total or annual maximum issuance 15 volume. The principal and interest of the bond shall be payable 16 solely from pledged revenues. 17 (b) Form.-- 18 (1) A bond may be issued in registered form. 19 (2) A bond: 20 (i) must be dated; 21 (ii) must bear interest at a rate not exceeding the 22 rate permitted under applicable law; 23 (iii) must be payable semiannually or at other times 24 as set forth in the resolution of the commission 25 authorizing the issuance of the bonds; 26 (iv) must mature, as determined by the commission, 27 no later than 40 years from the date of the bond; and 28 (v) may be made redeemable before maturity, at the 29 option of the commission, at a price and under terms and 30 conditions fixed by the commission prior to the issuance 20070H1878B2575 - 200 -
1 of the bonds. 2 (c) Issuance.-- 3 (1) The commission may sell bonds at public or private 4 sale and for a price it determines to be in the best interest 5 of the Commonwealth. 6 (2) Bonds may be issued in series with varying 7 provisions as to all of the following: 8 (i) Rates of interest, which may be fixed or 9 variable. 10 (ii) Other provisions not inconsistent with this 11 chapter. 12 (d) (Reserved). 13 (e) Payment.-- 14 (1) The principal and interest of the bonds may be made 15 payable in any lawful medium. 16 (2) The commission shall: 17 (i) determine the form of bonds; and 18 (ii) fix: 19 (A) the denomination of the bond; and 20 (B) the place of payment of principal and 21 interest of the bond, which may be at any bank or 22 trust company within or without this Commonwealth. 23 (f) Signature.--The bond must bear the manual or facsimile 24 signature of the Governor and of the chairman of the commission. 25 The official seal of the commission or a facsimile of the 26 official seal shall be affixed to or printed on the bond and 27 attested by the secretary and treasurer of the commission. If an 28 officer whose signature or facsimile of a signature appears on a 29 bond ceases to be an officer before the delivery of the bond, 30 the signature or facsimile shall nevertheless be valid and 20070H1878B2575 - 201 -
1 sufficient for all purposes as if the officer remained in office 2 until delivery. 3 (g) Negotiability.--A special revenue bond issued under this 4 chapter shall have all the qualities and incidents of a 5 negotiable instrument under 13 Pa.C.S. Div. 3 (relating to 6 negotiable instruments). 7 (h) Proceeds.--The proceeds of a bond shall be used solely 8 for the following: 9 (1) Payment of the cost of the department. 10 (2) Bond-related expenses. 11 (i) Temporary bonds.--Prior to the preparation of definitive 12 bonds, the commission may, under similar provisions as those 13 applicable to the definitive bonds, issue temporary bonds, 14 exchangeable for definitive bonds upon the issuance of 15 definitive bonds. 16 (j) (Reserved). 17 (k) Status as securities.-- 18 (1) A bond is made a security in which any of the 19 following may properly and legally invest funds, including 20 capital, belonging to them or within their control: 21 (i) Commonwealth and municipal officers. 22 (ii) Commonwealth agencies. 23 (iii) Banks, bankers, savings banks, trust 24 companies, saving and loan associations, investment 25 companies and other persons carrying on a banking 26 business. 27 (iv) Insurance companies, insurance associations and 28 other persons carrying on an insurance business. 29 (v) Fiduciaries. 30 (vi) Other persons that are authorized to invest in 20070H1878B2575 - 202 -
1 bonds or other obligations of the Commonwealth. 2 (2) A bond is made a security which may properly and 3 legally be deposited with and received by a Commonwealth or 4 municipal officer or a Commonwealth agency for any purpose 5 for which the deposit of bonds or other obligations of the 6 Commonwealth is authorized by law. 7 (l) Borrowing.--The following shall apply: 8 (1) The commission is authorized to do all of the 9 following: 10 (i) Borrow money at an interest rate not exceeding 11 the rate permitted by law. 12 (ii) Provide for preliminary or interim financing up 13 to, but not exceeding the estimated total cost of the 14 department and bond-related expenses and to evidence the 15 borrowing by the issuance of special revenue notes and, 16 in its discretion, to pledge as collateral for the note 17 or other obligation a special revenue bond issued under 18 the provisions of this chapter. The commission may renew 19 the note or obligation, and the payment or retirement of 20 the note or obligation shall be considered to be payment 21 of the cost of the project. 22 (2) A note or obligation issued under this subsection 23 must contain a statement on its face that: 24 (i) the Commonwealth is not obligated to pay the 25 note or obligation or interest on it, except from pledged 26 revenues; and 27 (ii) neither the faith and credit nor the taxing 28 power of the Commonwealth is pledged to the payment of 29 its principal or interest. 30 § 9511.5. Application of proceeds of obligations, lien of 20070H1878B2575 - 203 -
1 holders of obligations, design-build requirement and 2 projects approved by General Assembly. 3 (a) Application.--The following shall apply: 4 (1) All proceeds received from any bonds, notes or other 5 obligations issued under this chapter shall be applied solely 6 to the payment of: 7 (i) the cost of the department; and 8 (ii) bond-related expenses. 9 (2) The commission may provide by resolution that until 10 proceeds received from any bonds, notes or other obligations 11 issued under this chapter is applied under paragraph (1), a 12 lien shall exist upon the proceeds in favor of holders of the 13 bonds, notes or other obligations or a trustee provided for 14 in respect to the bonds, notes or other obligations. 15 (b) Design-build arrangements.-- 16 (1) To facilitate the timely completion of projects to 17 be financed by the department with bond proceeds, the 18 department may utilize design-build arrangements for each 19 project to be financed with bond proceeds if the project 20 value is estimated by the department to exceed $100,000,000. 21 (2) Notwithstanding the provisions of any other law, the 22 department may utilize design-build arrangements for the 23 following: 24 (i) projects to be financed by the department with 25 bond proceeds for projects estimated by the department to 26 have a value of $100,000,000 or less; and 27 (ii) all other construction projects of the 28 department not included under subparagraph (i) or 29 paragraph (1). 30 (3) The selection of the party for a design-build 20070H1878B2575 - 204 -
1 arrangement under this subsection must be conducted in a 2 manner consistent with the procurement and public bidding 3 laws applicable to the department. 4 (c) Capital projects.--All projects financed by the 5 department with bond proceeds shall be included in any 6 submission the department is already required to make to the 7 General Assembly with respect to the expenditure of funds for 8 highway projects. 9 (d) Investment.--Pending the application of proceeds to cost 10 of the department and bond-related expenses, the commission may 11 invest the funds in permitted investments as defined under any 12 trust indenture. 13 § 9511.6. Trust indenture, protection of holders of obligations 14 and depositories. 15 (a) Indenture.--In the discretion of the commission, a bond, 16 note or other obligation may be secured by a trust indenture by 17 and between the commission and a corporate trustee, which may be 18 any trust company or bank having the powers of a trust company, 19 within or without this Commonwealth. 20 (b) Pledge or assignment.--A trust indenture under 21 subsection (a) may pledge or assign the pledged revenues but 22 shall not convey or mortgage the turnpike or any part of the 23 turnpike. 24 (c) Rights and remedies.--The resolution providing for the 25 issuance of the bond, note or other obligation of the trust 26 indenture may contain provisions for protecting and enforcing 27 the rights and remedies of the bondholders or holders of notes 28 or other obligations as may be reasonable and proper and not in 29 violation of law. 30 (d) Depository.--It shall be lawful for any bank or trust 20070H1878B2575 - 205 -
1 company incorporated under the laws of this Commonwealth to act 2 as depository of the proceeds of the bond, note or other 3 obligation or revenue, to furnish indemnity bonds or to pledge 4 securities as may be required by the commission. 5 (e) Indenture.--The trust indenture may set forth the rights 6 and remedies of the bondholders or holders of notes or other 7 obligations and of the trustee and may restrict the individual 8 right of action of bondholders or holders of notes or other 9 obligations as is customary in trust indentures securing bonds, 10 debentures of corporations, notes or other obligations. The 11 trust indenture may contain other provisions as the commission 12 may deem reasonable and proper for the security of bondholders 13 or holders of notes or other obligations. 14 § 9511.7. Exemption from Commonwealth taxation. 15 The effectuation of the purposes of this chapter is for the 16 benefit of the citizens of this Commonwealth and for the 17 improvement of their commerce and prosperity. Since the 18 commission will be performing essential government functions in 19 effectuating these purposes, the commission shall not be 20 required to pay any tax or assessment on any property acquired 21 or used by it for the purposes provided under this chapter. A 22 bond, note or other obligation issued by the commission, its 23 transfer and the income from its issuance and transfer, 24 including any profits made on the sale of the bond, note or 25 other obligation, shall be free from taxation within the 26 Commonwealth. 27 § 9511.8. Costs related to Federal income tax matters. 28 Tax matter costs incurred by the commission in connection 29 with any proceeding of or filing with the Internal Revenue 30 Service concerning the use of proceeds of bonds issued under 20070H1878B2575 - 206 -
1 this chapter shall be paid or reimbursed from available funds in 2 the motor license fund. Tax matter costs shall include all of 3 the following: 4 (1) Fees of tax counsel or arbitrage rebate calculation 5 providers. 6 (2) Arbitrage rebate payments to the extent not properly 7 payable from funds held under the bond indenture. 8 (3) Settlement payments to the Internal Revenue Service, 9 either in relation to an examination initiated by the 10 Internal Revenue Service or a closing agreement requested by 11 the commission. 12 (4) Payments to bondholders as a result of claims based 13 on pending, threatened or actual assessments of tax, interest 14 or penalties by the Internal Revenue Service. 15 (5) Any other cost reasonably related to a proceeding by 16 or filing with the Internal Revenue Service concerning the 17 use of proceeds of the bonds. 18 § 9511.9. Special revenue refunding bonds. 19 The commission is authorized to provide, by resolution, for 20 the issuance of special revenue refunding bonds of the 21 commission for the purpose of refunding any special revenue 22 bonds, notes or other obligations issued under the provisions of 23 this chapter and then outstanding. The issuance of the special 24 revenue refunding bonds, the maturities and other details of the 25 bonds, the rights of the holders of the bonds and the duties of 26 the department and of the commission with respect to the bonds 27 shall be governed by the provisions of this chapter. 28 § 9511.10. Remedies of trustees and of holders of obligations. 29 (a) Grant of rights.--A holder of a bond, note or other 30 obligation issued under this chapter and the trustee under the 20070H1878B2575 - 207 -
1 trust indenture may, either at law or in equity, by suit, 2 action, mandamus or other proceeding, do all of the following: 3 (1) Protect and enforce any right granted under this 4 chapter or under the resolution or trust indenture. 5 (2) Enforce and compel performance of all duties 6 required under this chapter or by resolution or trust 7 indenture to be performed by the commission or any of its 8 officers, including the collection of the pledged revenues. 9 (b) Exception.--Rights given under this chapter may be 10 restricted by resolution passed before the issuance of the 11 bonds, notes or other obligations or by the trust indenture. 12 § 9511.11. Pledged revenues. 13 (a) Annual debt service payments.--Upon receipt by the 14 department of the annual debt service payments, the department 15 shall pay them to the trustee for the holders of the bonds 16 issued under section 9511.2 (relating to special revenue bonds). 17 (b) Payment default.-- 18 (1) The department shall notify the State Treasurer if 19 the department receives a notice from the trustee which: 20 (i) indicates that a default in the payment by the 21 commission on its regularly scheduled deposits with 22 respect to debt service on the bonds has occurred; and 23 (ii) indicates the amount required to remedy the 24 default. 25 (2) Upon notice under paragraph (1), the State Treasurer 26 shall do all of the following: 27 (i) Notwithstanding section 9010 (relating to 28 disposition and use of tax), transfer to the trustee from 29 funds in the Motor License Fund as a result of the 30 imposition of the tax under section 9004(a) (relating to 20070H1878B2575 - 208 -
1 imposition of tax, exemptions and deductions) the amount 2 necessary to remedy the default under paragraph (1)(ii). 3 (ii) If funds in the Motor License Fund as a result 4 of the imposition of the tax under section 9004(a) are 5 not sufficient to remedy the default under paragraph 6 (1)(ii) and notwithstanding section 9511 (relating to 7 allocation of proceeds), transfer to the trustee from 8 funds in the Motor License Fund as a result of the 9 imposition of the tax under section 9502(a)(1), (2)(i), 10 (ii), (iii) and (iv) and (3)(ii) (relating to imposition 11 of tax), an amount necessary, when combined with any 12 funds transferred under subparagraph (i), to remedy the 13 default. 14 (iii) If funds in the Motor License Fund as a result 15 of the imposition of the tax under sections 9004(a) and 16 9502(a)(1), (2)(i), (ii), (iii) and (iv) and (3)(ii) are 17 not sufficient to remedy the default under paragraph 18 (1)(ii) and notwithstanding the provisions of section 20 19 of Act 3, transfer to the trustee from funds in the Motor 20 License Fund as a result of the imposition of fees 21 specified under sections 1912 (relating to passenger 22 cars), 1913 (relating to motor homes), 1914 (relating to 23 motorcycles), 1915 (relating to motor-driven cycles), 24 1916 (relating to trucks and truck tractors), 1917 25 (relating to motor buses and limousines), 1921 (relating 26 to special mobile equipment), 1922 (relating to 27 implements of husbandry), 1923 (relating to antique, 28 classic and collectible vehicles), 1924 (relating to farm 29 vehicles), 1925 (relating to ambulances, taxis and 30 hearses), 1926 (relating to dealers and miscellaneous 20070H1878B2575 - 209 -
1 motor vehicle business), 1926.1 (relating to farm 2 equipment vehicle dealers), 1927 (relating to transfer of 3 registration), 1929 (relating to replacement registration 4 plates), 1932 (relating to duplicate registration cards), 5 1933 (relating to commercial implements of husbandry) and 6 1952 (relating to certificate of title), net of amounts 7 appropriated to the commission under section 20 of Act 3, 8 an amount necessary, when combined with funds transferred 9 under subparagraphs (i) and (ii), to remedy the default. 10 (c) Commonwealth pledge.--This subsection shall operate as a 11 pledge by the Commonwealth to an individual or entity that 12 acquires a bond issued by the commission under section 9511.2: 13 (1) to secure the portion of the money described under 14 this section and distributed under this section; and 15 (2) to not limit or alter the rights vested in the 16 commission or the trustee for the bonds to the appropriation 17 and distribution of money set forth under this section. 18 § 9511.12. (Reserved). 19 § 9511.13. Supplement to other laws and liberal construction. 20 This chapter shall be regarded as supplemental and additional 21 to powers conferred by other statutes and shall not be regarded 22 as in derogation of any powers existing on the effective date of 23 this section. The provisions of this chapter, being necessary 24 for the welfare of the Commonwealth and its citizens, shall be 25 liberally construed to effect the purposes of this chapter.] 26 Section 8. (a) Financial assistance made by the Department 27 of Transportation under former 74 Pa.C.S. Ch. 82 prior to the 28 effective date of this section may continue to be used by 29 recipients for operating or capital expenses upon the same terms 30 and conditions as are contained in the notice of grant award or 20070H1878B2575 - 210 -
1 grant agreement executed in connection with the award. 2 (b) The Department of Transportation may continue to use all 3 funds appropriated or otherwise made available to it for public 4 transportation purposes prior to the effective date of this 5 section in accordance with the laws under which the funds were 6 made available. 7 Section 9. The following shall apply: 8 (1) The General Assembly declares that the repeal under 9 paragraph (2) is necessary to effectuate the addition of 74 10 Pa.C.S. Ch. 13. 11 (2) Sections 8 and 9 of the act of July 18, 2007 12 (P.L.169, No.44) entitled "An act amending Titles 53 13 (Municipalities Generally), 74 (Transportation) and 75 14 (Vehicles) of the Pennsylvania Consolidated Statutes, 15 providing for minority and women-owned business 16 participation; authorizing local taxation for public 17 transportation assistance; repealing provisions relating to 18 public transportation assistance; providing for 19 transportation issues and for sustainable mobility options; 20 consolidating the Turnpike Organization, Extension and Toll 21 Road Conversion Act; providing for Turnpike Commission 22 Standards of Conduct; in provisions on the Pennsylvania 23 Turnpike, further providing for definitions, for 24 authorizations and for conversion to toll roads and providing 25 for conversion of Interstate 80, for application, for lease 26 of Interstate 80, for payments, for other interstate 27 highways, for fund distribution, for impact, for financial 28 plan and for nonperformance; in taxes for highway maintenance 29 and construction, providing for definitions; further 30 providing for imposition and for allocation of proceeds; 20070H1878B2575 - 211 -
1 providing for special revenue bonds, for expenses, for 2 application of proceeds of obligations, for trust indenture, 3 for exemption, for pledged revenues, for special revenue 4 refunding bonds, for remedies, for Motor License Fund 5 proceeds, for construction and for funding; and making 6 related repeals." 7 Section 10. The addition of 74 Pa.C.s. Ch. 84 is a 8 continuation of former 74 Pa.C.S. Ch. 81. The following shall 9 apply: 10 (1) Except as otherwise provided under 74 Pa.C.S. Ch. 11 84, all activities initiated under former 74 Pa.C.S. Ch. 81 12 shall continue and remain in full force and effect and may be 13 completed under 74 Pa.C.S. Ch. 84. Orders, regulations, rules 14 and decisions which were made under former 74 Pa.C.S. Ch. 81 15 and which are in effect on the effective date of section 4 of 16 this act shall remain in full force and effect until revoked, 17 vacated or modified under 74 Pa.C.S. Ch. 84. Contracts, 18 obligations and collective bargaining agreements entered into 19 under former 74 Pa.C.S. Ch. 81 are not affected nor impaired 20 by the repeal of 74 Pa.C.S. Ch. 81. 21 (2) The addition of 74 Pa.C.S. Ch. 84 shall be 22 interpreted to have the same legislative intent, judicial 23 construction and administration and implementation of the 24 former act of September 30, 1985 (P.L.240, No.61), known as 25 the Turnpike Organization, Extension and Toll Road Conversion 26 Act. 27 Section 11. This act shall take effect immediately. I28L53JKL/20070H1878B2575 - 212 -