PRINTER'S NO. 1547
No. 1158 Session of 2007
INTRODUCED BY MADIGAN, STOUT, SCARNATI, PILEGGI, RAFFERTY, ERICKSON, D. WHITE, M. WHITE, WAUGH, ARMSTRONG, WASHINGTON, RHOADES, WONDERLING, REGOLA AND CORMAN, NOVEMBER 13, 2007
REFERRED TO TRANSPORTATION, NOVEMBER 13, 2007
AN ACT 1 Amending Title 74 (Transportation) of the Pennsylvania 2 Consolidated Statutes, providing for transportation 3 infrastructure partnership and development. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 74 of the Pennsylvania Consolidated 7 Statutes is amended by adding a part to read: 8 PART V 9 TRANSPORTATION INFRASTRUCTURE 10 Chapter 11 91. Partnership and Development 12 CHAPTER 91 13 PARTNERSHIP AND DEVELOPMENT 14 Sec. 15 9101. Scope of chapter. 16 9102. Findings and declaration of policy. 17 9103. Definitions. 18 9104. Transportation development agreements.
1 9105. Proposals for transportation development agreements. 2 9106. Review and selection of proposals. 3 9107. Affected local jurisdictions. 4 9108. Terms and conditions of transportation development 5 agreements. 6 9109. Material default; remedies. 7 9110. Financing qualifying transportation projects. 8 9111. Power of eminent domain. 9 9112. Police powers; motor vehicle laws. 10 9113. Taxation of authorized development entity or entities. 11 9114. Pennsylvania Transportation Development Trust Fund. 12 9115. Regional mobility account, etc. 13 9116. Regional mobility authority. 14 9117. Turnpike lease restricted. 15 § 9101. Scope of chapter. 16 This chapter relates to transportation infrastructure 17 partnership and development. 18 § 9102. Findings and declaration of policy. 19 The General Assembly finds, determines and declares as 20 follows: 21 (1) There is urgent public need to reduce congestion, 22 increase capacity, improve safety and enhance economic 23 efficiency of transportation facilities throughout this 24 Commonwealth. 25 (2) The Commonwealth has limited resources to fund the 26 maintenance and expansion of its transportation facilities. 27 (3) To ensure that the needs of the public are 28 adequately addressed, alternative funding mechanisms and 29 strategies must be developed to supplement existing public 30 revenue sources. 20070S1158B1547 - 2 -
1 (4) Public entities should be authorized to enter into 2 transportation development agreements with private entities, 3 other public entities or partnerships of such entities in 4 order to accelerate the cost-effective delivery of improved 5 transportation facilities throughout this Commonwealth. 6 § 9103. Definitions. 7 The following words and phrases when used in this chapter 8 shall have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Affected local jurisdiction." A county, city, township, 11 borough, incorporated town, local planning organization, 12 regional planning organization, metropolitan transportation 13 authority or regional mobility authority within whose 14 jurisdictional boundaries all or a portion of a qualifying 15 transportation project is located, or which is or will be 16 directly affected by the project. 17 "Approving body." In the case of a proposal subject to State 18 Transportation Commission review and approval under section 19 9104(a) (relating to transportation development agreements), the 20 State Transportation Commission and the proprietary public 21 entity. In the case of a proposal not subject to State 22 Transportation Commission approval under section 9104(a), the 23 proprietary public entity. 24 "Authorized development entity." A private entity, another 25 public entity or any partnership of the entities authorized by 26 the approving body or bodies to assume responsibility for the 27 use of or control, in whole or in part, of a transportation 28 facility from a proprietary public entity. 29 "Department." The Department of Transportation of the 30 Commonwealth. 20070S1158B1547 - 3 -
1 "Design build." The mode of infrastructure development 2 whereby the contractor is responsible for both the design and 3 construction of a qualifying transportation project. 4 "Develop" or "development." The term includes, but is not 5 limited to, the acts or functions of planning, designing, 6 financing, constructing, purchasing, installing, adding, 7 extending or other activities relating to the improvement of a 8 transportation facility. 9 "Fund." The Pennsylvania Transportation Development Trust 10 Fund established under section 9114 (relating to Pennsylvania 11 Transportation Development Trust Fund). 12 "Intergovernmental Cooperation Act." 53 Pa.C.S. Pt. III 13 Subpt. D (relating to area government and intergovernmental 14 cooperation). 15 "Local governmental entity." A unit of government with less 16 than Statewide jurisdiction, or any officially designated public 17 agency or authority of the unit of government, that has the 18 responsibility for planning, construction, operation or 19 maintenance of or jurisdiction over a transportation facility. 20 The term includes, but is not limited to, a county, city, 21 township, borough, incorporated town, municipal authority, local 22 or regional planning organization, metropolitan transportation 23 authority, regional mobility authority or other political 24 subdivision or governmental entity created with less than 25 Statewide jurisdiction, or any combination of the entities 26 acting pursuant to 53 Pa.C.S. Pt. III Subpt. D (relating to area 27 government and intergovernmental cooperation) or a similar 28 statute. 29 "Local planning organization." An entity whose jurisdiction 30 does not exceed the county in which it is located, and which is 20070S1158B1547 - 4 -
1 charged with transportation planning responsibilities in the 2 area in which a qualifying transportation project is located. 3 "Material default." Failure of an authorized development 4 entity or entities to perform any duties under a transportation 5 development agreement which jeopardizes delivery of adequate 6 service to the public and remains unsatisfied after a reasonable 7 period of time and after the authorized development entity or 8 entities has received written notice from the approving body or 9 bodies of the failure. 10 "Maximum rate of return." The negotiated maximum rate of 11 return a private entity can receive as an authorized development 12 entity from the operating and nonoperating revenues of a 13 transportation facility pursuant to a transportation development 14 agreement, including any incidental receipts and other income 15 derived from the transportation facility covered by the 16 agreement. 17 "Municipality Authorities Act." 53 Pa.C.S. Ch. 56 (relating 18 to municipal authorities). 19 "Operate" or "operation." Includes, but is not limited to, 20 the acts or functions of managing, controlling, maintaining, 21 repairing, conducting financial proceedings and other day-to-day 22 activities of an enterprise. 23 "Partnership." An organization structured as a partnership 24 or joint venture and comprised of any combination of private 25 entities or public entities or both. 26 "Private entity." A natural person, sole proprietorship, 27 corporation, company, association, syndicate, partnership, 28 limited liability company, business trust, public benefit 29 corporation, nonprofit entity or any other entity not 30 specifically listed in this definition entering into a 20070S1158B1547 - 5 -
1 transportation development agreement with a proprietary public 2 entity for a qualifying transportation project. 3 "Proprietary public entity." The public entity that owns the 4 proposed or existing transportation facility subject to a 5 transportation development agreement. 6 "Public entity." The Commonwealth or any department, 7 commission, authority or agency thereof or any local government 8 entity. The term shall specifically include the State 9 Transportation Commission, the Department of Transportation and 10 the Pennsylvania Turnpike Commission. For purposes of this 11 chapter, the term does not include the General Assembly and its 12 members, officers or agencies or any court or other office or 13 agency of the Pennsylvania judicial system. 14 "Qualifying transportation project." A proposed or existing 15 undertaking by an authorized development entity or entities for 16 the development or operation of a transportation facility 17 totally or partially within this Commonwealth. 18 "Regional mobility account." A separate account of the 19 Commonwealth within the Pennsylvania Transportation Development 20 Trust Fund, under the custody of the State Treasurer, into which 21 transportation development revenues or other funds, including 22 surcharges imposed by the Commonwealth, may be deposited for 23 operation or development of regional transportation facilities. 24 "Regional mobility authority." An authority or similar local 25 government entity created pursuant to 53 Pa.C.S. Pt. III Subpt. 26 D (relating to area government and intergovernmental 27 cooperation), 53 Pa.C.S. Ch. 56 (relating to municipal 28 authorities) or other Commonwealth statute and recognized under 29 this chapter and regulations issued by the State Transportation 30 Commission for the purpose of promoting regional transportation 20070S1158B1547 - 6 -
1 development. 2 "Regional planning organization." An entity with multicounty 3 jurisdiction and designated under Federal or State law with 4 transportation planning responsibilities in the region in which 5 a qualifying transportation project is located. 6 "Request for proposals." All materials and documents 7 prepared by or on behalf of a public entity to solicit proposals 8 from public or private entities to enter into a transportation 9 development agreement for a qualifying transportation project as 10 set forth in this chapter. 11 "Right-to-Know Law." The act of June 21, 1957 (P.L.390, 12 No.212), referred to as the Right-to-Know Law. 13 "Separations Act." The act of May 1, 1913 (P.L.155, No.104), 14 entitled "An act regulating the letting of certain contracts for 15 the erection, construction, and alteration of public buildings." 16 "State Adverse Interest Act." The act of July 19, 1957 17 (P.L.1017, No.451), known as the State Adverse Interest Act. 18 "State advisor." An entity as defined in section 2 of the 19 act of July 19, 1957 (P.L.1017, No.451), known as the State 20 Adverse Interest Act. 21 "State consultant." An entity as defined in section 2 of the 22 act of July 19, 1957 (P.L.1017, No.451), known as the State 23 Adverse Interest Act. 24 "Transportation Commission." The State Transportation 25 Commission of the Commonwealth established under section 468 of 26 the act of April 9, 1929 (P.L.177, No.175), known as The 27 Administrative Code of 1929. 28 "Transportation development agreement." A lease, license, 29 franchise, easement, concession or other binding agreement 30 transferring rights for the use or control, in whole or in part, 20070S1158B1547 - 7 -
1 of a transportation facility by a proprietary public entity to 2 an authorized development entity or entities for a definite term 3 during which the authorized development entity or entities will 4 provide transportation-related services, including, but not 5 limited to, any one or more of the following: operations and 6 maintenance, revenue collection, toll collection enforcement, 7 design, construction, development and other activities with 8 respect to existing or new transportation facilities that 9 enhance throughput, reduce congestion, improve safety or 10 otherwise manage or improve a transportation facility in return 11 for the right to receive all or a portion of the revenues of the 12 transportation facility. 13 "Transportation development revenues." Money generated from 14 or received in support of the development or operation of a 15 qualifying transportation project, including, but not limited 16 to, user fees, service payments, surcharges, lease payments, 17 governmental appropriations or grants, proceeds of debt or 18 equity issuance, income from operations and earnings on 19 investments. 20 "Transportation facility." A road, bridge, tunnel, overpass, 21 ferry, busway, guideway, other public transportation facility, 22 vehicle parking facility, port facility, multimodal 23 transportation facility, airport, station, hub, terminal or 24 similar facility used for the transportation of persons, animals 25 or goods, together with any buildings, structures, parking 26 areas, appurtenances and other property needed to operate the 27 facility. The term includes any improvements or substantial 28 enhancements thereto. 29 "User fees." Rates, tolls, fees or other charges imposed or 30 collected by an authorized development entity or entities for 20070S1158B1547 - 8 -
1 use of all or a portion of a transportation facility pursuant to 2 a transportation development agreement. 3 § 9104. Transportation development agreements. 4 (a) Authorization and approval.--Subject to the provisions 5 of this chapter and the approval of its governing body, a 6 proprietary public entity has full authority to enter into a 7 transportation development agreement with an authorized 8 development entity or entities governing the development or 9 operation of all or any portion of a transportation facility, 10 except that, if the transportation development agreement results 11 in the proprietary public entity disposing of or relinquishing 12 its control of a transportation facility or pertains to a 13 transportation facility that receives Commonwealth funding, then 14 the transportation development agreement must also be reviewed 15 and approved by the Transportation Commission before the 16 proprietary public entity can enter into the agreement. 17 (b) Project activities authorized.--Subject to the 18 requirements of this chapter, a transportation development 19 agreement may provide for the authorized development entity or 20 entities to be partially or entirely responsible for any one or 21 more of the following activities: planning, design, development, 22 construction, reconstruction, improvement, extension or 23 expansion, operation, repair, maintenance, management, revenue 24 collection or financing of a transportation facility. 25 (c) Repositories for materials.--The Transportation 26 Commission shall serve as the primary repository for all 27 materials relating to the review and approval of transportation 28 development agreements that involve transportation facilities 29 that receive funding from the Commonwealth or result in the 30 proprietary public entity disposing of or relinquishing its 20070S1158B1547 - 9 -
1 control over the transportation facilities. Otherwise, the 2 proprietary public entity shall serve as the repository for 3 materials relating to the review of transportation development 4 agreements which do not require the approval of the 5 Transportation Commission. 6 § 9105. Proposals for transportation development agreements. 7 (a) Solicited proposals.--Before entering into a 8 transportation development agreement, the proprietary public 9 entity must issue a request for proposals as set forth in this 10 subsection. If the proposal being requested is subject to 11 Transportation Commission review and approval pursuant to 12 section 9104(a) (relating to transportation development 13 agreements), the request for proposals must be authorized and 14 issued jointly by the proprietary public entity and the 15 Transportation Commission. Any request for proposals shall use a 16 competitive procurement process that selects the authorized 17 development entity whose proposal provides the best value for 18 the proprietary public entity and for the Commonwealth. Notice 19 of any such request for proposals shall be published in the 20 Pennsylvania Bulletin and posted or published in whatever other 21 medium is regularly used by the proprietary public entity for 22 procurement matters. A request for proposals issued under this 23 subsection shall include the following: 24 (1) The minimum scope and content of the information to 25 be provided by the respondent. 26 (2) The factors or criteria that will be used by the 27 approving body or bodies in evaluating the proposals and the 28 deadline for submitting the proposal. 29 (3) A statement concerning the scope and location of the 30 proposed project. 20070S1158B1547 - 10 -
1 (4) A statement concerning any other information that 2 the approving body or bodies may consider in evaluating the 3 proposals. 4 (5) A statement indicating that if clarification is 5 needed in the evaluation of the proposals, the proprietary 6 public entity, together with the Transportation Commission if 7 its approval is required, may negotiate specific provisions 8 with the prospective authorized development entity that 9 submitted the proposal pursuant to the request for proposals. 10 (b) Unsolicited proposals.--A proprietary public entity may 11 entertain and accept for review unsolicited proposals submitted 12 by public or private entities for a qualifying transportation 13 project. To the extent a proposal is subject to Transportation 14 Commission review and approval pursuant to section 9104(a), the 15 proposal shall also be submitted to the Transportation 16 Commission. For proposals not subject to Transportation 17 Commission approval, proprietary public entities may establish 18 rules and procedures for accepting unsolicited proposals and may 19 set forth the information required to be included in unsolicited 20 proposals submitted by public or private entities. The 21 Transportation Commission shall be responsible for establishing 22 rules and procedures for unsolicited proposals subject to its 23 approval, which shall include a review and response period not 24 exceeding 135 days from receipt of the unsolicited proposal for 25 any proposal with an estimated cost of construction greater than 26 $50,000,000. If an unsolicited proposal is deemed to be in 27 compliance with the rules and procedures as established by the 28 appropriate approving body and if the public entity or entities 29 so desire to pursue the proposed qualifying transportation 30 project, the proprietary public entity, jointly with the 20070S1158B1547 - 11 -
1 Transportation Commission if its approval is required, must 2 publish a request for and receive competing proposals in 3 accordance with subsection (a). 4 (c) Discussions and negotiations with proposing entities.--A 5 proprietary public entity, and the Transportation Commission 6 where its approval is required, may conduct discussions and 7 negotiations with public or private entities which have 8 submitted solicited or unsolicited proposals for the purpose of 9 clarification to assure full understanding of the proposals or 10 the responsiveness of solicited proposals to solicitation 11 requirements. 12 (d) Design build development; Separations Act 13 inapplicable.--Notwithstanding any other provision of law to the 14 contrary: 15 (1) any proposal made pursuant to this chapter may 16 provide for the design build mode of infrastructure 17 development; and 18 (2) in no event shall an authorized development entity 19 or entities be subject to the requirements of the Separations 20 Act in connection with a transportation development agreement 21 authorized pursuant to this chapter. 22 (e) Federal credit assistance.--The approving body or bodies 23 and affected local jurisdictions may apply for, execute or 24 endorse applications by prospective authorized development 25 entities to obtain Federal credit assistance for a qualifying 26 transportation project. 27 (f) Adverse interests of proposing private entity.-- 28 (1) Except as provided in paragraph (2), a private 29 entity which is a State advisor or State consultant for the 30 Transportation Commission, the department, the Pennsylvania 20070S1158B1547 - 12 -
1 Turnpike Commission or any other proprietary public entity 2 shall not be deemed to be in violation of the State Adverse 3 Interest Act if the private entity: 4 (i) prepares or submits a proposal or a response to 5 a request for proposals under this section; 6 (ii) negotiates or enters into a transportation 7 development agreement; or 8 (iii) engages in other activities in furtherance of 9 the provisions or purposes of this chapter. 10 (2) A private entity which submits an unsolicited 11 proposal or a response to a request for proposals shall be 12 prohibited from providing advice to the Transportation 13 Commission, the department, the Pennsylvania Turnpike 14 Commission or a proprietary public entity on its proposal, 15 any competing proposal or a request for proposals for which 16 it has submitted a response. 17 (g) Fees.--The approving body or bodies may require that a 18 nonrefundable fee accompany any solicited or unsolicited 19 proposal submitted pursuant to this section to cover all or part 20 of the costs of processing, reviewing and evaluating the 21 proposal. 22 (h) Confidentiality of records.--To encourage public and 23 private entities to submit proposals under subsections (a) and 24 (b), the following information shall be considered confidential, 25 and shall not be considered a public record subject to 26 disclosure, public inspection or copying under the Right-to-Know 27 Law, or any other act, until a final transportation development 28 agreement for a proposed qualifying transportation project is 29 entered into: 30 (1) All or part of a proposal, whether solicited or 20070S1158B1547 - 13 -
1 unsolicited, submitted by a public or private entity or any 2 partnership of the entities for a proposed qualifying 3 transportation project, except information regarding the 4 scope, location and limits of the project and information 5 pertaining to a public or private entity's qualifications, 6 experience, technical competence and capability to develop 7 the project. 8 (2) Information and records created during any 9 discussions or negotiations arising from the process as 10 described in subsection (c). 11 (i) Disclosure of records.--Notwithstanding subsection (h), 12 after a transportation development agreement has been entered 13 into, the entire selected proposal shall be considered a public 14 record for purposes of disclosure under the Right-to-Know Law. 15 Promptly after a transportation development agreement has been 16 entered into, the approving body or bodies shall also make 17 available for inspection and copying by the public a summary of 18 the terms of the selected proposal and a written explanation of 19 the basis upon which the selection was made. Proprietary 20 information contained in proposals not selected and records of 21 negotiations with private entities not selected shall continue 22 to be exempt from public disclosure. 23 § 9106. Review and selection of proposals. 24 (a) Timing of review.--For proposals subject to its 25 approval, the Transportation Commission by published regulations 26 shall promulgate procedures and guidelines that establish the 27 process for the review and selection of a proposal submitted 28 pursuant to section 9105(a) and (b) (relating to proposals for 29 transportation development agreements). The guidelines shall 30 establish: 20070S1158B1547 - 14 -
1 (1) a specific schedule for the timing of the review of 2 the proposals by the approving body or bodies designed with a 3 high priority placed upon a review schedule requiring less 4 than 135 days; 5 (2) a process for alteration of that schedule if the 6 approving body or bodies deem that changes are necessary 7 because of the scope or complexity of proposals received; and 8 (3) the type and amount of information that is necessary 9 for adequate review of proposals. A proprietary public entity 10 shall promulgate its own procedures and guidelines for the 11 review and selection of proposals which do not require 12 Transportation Commission approval. 13 (b) Asset valuation.--In evaluating any submitted proposal, 14 the approving body or bodies may rely on internal reports 15 prepared by staff familiar with the operation of similar 16 transportation facilities or may engage the services of the 17 private consultants, engineers and other experts as the 18 approving body or bodies determine are necessary or desirable 19 for the purposes of performing the evaluations. As part of each 20 evaluation of any submitted proposal, the approving body or 21 bodies shall be required to obtain a financial and valuation 22 assessment with respect to the proposed qualifying 23 transportation project from a qualified independent advisor with 24 experience and expertise with similar transportation facilities. 25 (c) Factors for review and selection of proposals.--The 26 appropriate approving body or bodies may consider the following 27 factors in reviewing and selecting a proposal to enter into a 28 transportation development agreement: 29 (1) the ability of the qualifying transportation project 30 to improve safety, reduce congestion, increase capacity and 20070S1158B1547 - 15 -
1 promote economic growth; 2 (2) the compatibility of the proposal with existing 3 local or regional land use plans or the commitment of local 4 communities to approve plans in preparation for the proposed 5 project; 6 (3) the proposed cost of and financial plan for the 7 qualifying transportation project; 8 (4) the general reputation, qualifications, industry 9 experience and financial capacity of the entity or entities 10 submitting the proposal; 11 (5) the proposed design, operation and feasibility of 12 the qualifying transportation project; 13 (6) comments from local citizens and affected local 14 jurisdictions; 15 (7) benefits to the public; 16 (8) the safety record of the entity or entities 17 submitting the proposal; and 18 (9) other criteria that the approving body or bodies 19 deem appropriate. 20 § 9107. Affected local jurisdictions. 21 The Transportation Commission by published regulations shall 22 promulgate procedures and guidelines that establish a process in 23 which affected local jurisdictions receive notice of a proposed 24 qualifying transportation project and have an opportunity to 25 provide input regarding the project before a transportation 26 development agreement is executed. For proposed qualifying 27 transportation projects which do not require approval of the 28 Transportation Commission under section 9104(a) (relating to 29 transportation development agreements), the proprietary public 30 entity shall promulgate its own procedures and guidelines by 20070S1158B1547 - 16 -
1 which affected local jurisdictions receive notice of a proposed 2 qualifying transportation project and have an opportunity to 3 provide input prior to the execution of a transportation 4 development agreement. 5 § 9108. Terms and conditions of transportation development 6 agreements. 7 (a) Proprietary public entity and authorized development 8 entity negotiations.--Except as otherwise expressly provided in 9 section 9105 (relating to proposals for transportation 10 development agreements) and this section, a proprietary public 11 entity may enter into a transportation development agreement 12 with an authorized development entity or entities without regard 13 to the provisions of 62 Pa.C.S. Pt. 1 (relating to Commonwealth 14 Procurement Code). The proprietary public entity and authorized 15 development entity or entities are expressly authorized to 16 negotiate the provisions of a transportation development 17 agreement. 18 (b) Required provisions.--A transportation development 19 agreement entered into under this chapter shall provide for the 20 following: 21 (1) a process by which the authorized development entity 22 or entities implements, sets and adjusts any user fees on any 23 transportation facility; 24 (2) the methodologies, indices or other factors for the 25 setting and adjusting of user fees; 26 (3) the original term of the transportation development 27 agreement, which may not exceed 50 years; 28 (4) dates for the beginning and completion of 29 construction of or improvements to the qualifying 30 transportation project; 20070S1158B1547 - 17 -
1 (5) the transportation facility acquired or constructed 2 pursuant to a transportation development agreement is public 3 property that is leased to the authorized development entity 4 and belongs to the proprietary public entity; 5 (6) that upon termination of the transportation 6 development agreement, the transportation facility must be in 7 a state of proper maintenance and repair and shall be 8 returned to the proprietary public entity in satisfactory 9 condition at no further cost to the public entity; 10 (7) maintenance of a policy or policies of liability 11 insurance, copies of which shall be filed with the 12 proprietary public entity accompanied by proofs of coverage, 13 or self insurance, each in form and amount satisfactory to 14 the proprietary public entity and reasonably sufficient to 15 insure coverage of tort liability to the public and employees 16 and to enable the continued operation of the transportation 17 facility; and 18 (8) that the authorized development entity shall comply 19 with the act of August 15, 1961 (P.L.987, No.442), known as 20 the Pennsylvania Prevailing Wage Act, and 62 Pa.C.S. § 107 21 (relating to reciprocal limitations). 22 § 9109. Material default; remedies. 23 (a) General rule.--Upon the occurrence and during the 24 continuation of a material default of a transportation 25 development agreement by an authorized development entity or 26 entities, the approving body or bodies may: 27 (1) Elect to take over the transportation facility which 28 is the subject of the transportation development agreement, 29 including the succession of all right, title and interest in 30 the transportation facility, subject to any liens on revenues 20070S1158B1547 - 18 -
1 previously granted by the authorized development entity or 2 entities. 3 (2) Terminate the transportation development agreement 4 and exercise any other rights and remedies that may be 5 available. 6 (b) Takeover.--In the event that the approving body or 7 bodies elect to take over a transportation facility under 8 subsection (a), the approving body or bodies: 9 (1) Shall collect and pay any revenues that are subject 10 to lien to satisfy any obligation. 11 (2) May develop and operate the transportation facility, 12 impose user fees for the use of the transportation facility 13 and comply with any service contracts. 14 (3) May solicit proposals for the maintenance and 15 operation of the transportation facility under section 9105 16 (relating to proposals for transportation development 17 agreements). 18 § 9110. Financing qualifying transportation projects. 19 (a) User fees.-- 20 (1) Each transportation development agreement shall 21 authorize the authorized development entity or entities to 22 impose user fees for use of the transportation facility. 23 Unless specifically prohibited in the transportation 24 development agreement, the authorization shall permit the 25 imposition of user fees on transportation facilities not 26 currently subject to user fees, subject to compliance with 27 applicable Federal and State law and approval by the 28 Transportation Commission. 29 (2) The transportation development agreement may 30 authorize the authorized development entity or entities to 20070S1158B1547 - 19 -
1 collect tolls or user fees through both conventional methods 2 and nonconventional methods, including, but not limited to, 3 automatic vehicle identification systems, electronic toll 4 collection systems and, to the extent permitted by law, 5 video-based toll-collection enforcement. 6 (3) A maximum rate of return on investment shall be 7 negotiated by the proprietary public entity and the 8 authorized development entity or entities and stated in the 9 transportation development agreement. 10 (4) After expiration of the original term of the 11 transportation development agreement, the proprietary public 12 entity may continue to charge user fees for the use of the 13 transportation facility. 14 (5) User fees under a transportation development 15 agreement shall generally be uniform for similar persons and 16 vehicles traveling under like conditions, except as may be 17 required to mitigate congestion on and preserve capacity of 18 the transportation facility which is the subject of the 19 transportation development agreement. 20 (b) Bonding authority.--A proprietary public entity or 21 authorized development entity or entities may authorize the 22 issuance of debt, equity or other securities or obligations to 23 pay all or part of the costs of a qualifying transportation 24 project and may secure any such financing with a pledge of, 25 security interest in or lien on any of the user fees charged and 26 collected for the use of the transportation facility. However, 27 any bonds, debt, other securities or other financing issued for 28 the purposes of this chapter shall be limited obligations of the 29 proprietary public entity or authorized development entity or 30 entities and shall not be considered to constitute a debt of the 20070S1158B1547 - 20 -
1 Commonwealth or any political subdivision thereof or a pledge of 2 the full faith and credit of the Commonwealth or any political 3 subdivision thereof. 4 (c) Limited recourse bonds backed by pledge of portion of 5 Motor License Fund revenues.--(Reserved). 6 § 9111. Power of eminent domain. 7 At the request of an authorized development entity or 8 entities, the proprietary public entity or an affected local 9 jurisdiction otherwise possessing the power of eminent domain 10 may exercise that power for the purpose of acquiring any real 11 property or interests therein deemed necessary to advance the 12 development or operation of a qualifying transportation project. 13 Any amounts payable in any such eminent domain proceeding may be 14 paid by the proprietary public entity or the authorized 15 development entity or entities. 16 § 9112. Police powers; motor vehicle laws. 17 (a) Powers and jurisdiction.--All law enforcement officers 18 of the Commonwealth and each affected local jurisdiction shall 19 have the same powers and jurisdiction within the limits of a 20 qualifying transportation project as they have in their 21 respective areas of jurisdiction, and law enforcement officers 22 shall have access to the qualifying transportation project at 23 any time for the purpose of exercising their law enforcement 24 powers and jurisdiction. 25 (b) Enforcement of traffic laws.--To the extent the 26 qualifying transportation project includes a highway, bridge, 27 tunnel, overpass or similar transportation facility for motor 28 vehicles, the traffic and motor vehicle laws of this 29 Commonwealth or, if applicable, any local jurisdiction shall be 30 the same as those applying to conduct on similar transportation 20070S1158B1547 - 21 -
1 facilities in the Commonwealth or the local jurisdiction. 2 (c) Payment of law enforcement costs.--The authorized 3 development entity or entities shall be responsible for the 4 payment of all costs associated with the provision of law 5 enforcement services pursuant to subsections (a) and (b) within 6 the limits of a qualifying transportation project. 7 (d) Fines.--Fines imposed by law enforcement officers for 8 violations occurring within the limits of a qualifying 9 transportation project shall be imposed, collected, distributed 10 and governed as otherwise provided by applicable law. 11 § 9113. Taxation of authorized development entity or entities. 12 (a) General rule.--To the extent that revenues or user fees 13 received by an authorized development entity or entities are 14 subject to any tax imposed by a political subdivision prior to 15 the effective date of this chapter, the revenues or user fees 16 shall continue to be subject to the tax and to future increases 17 in the rate of the tax. 18 (b) New taxation barred.--After the effective date of this 19 chapter, no new tax shall be imposed by a political subdivision 20 on the revenues or user fees received by an authorized 21 development entity or entities. 22 (c) Realty transfer tax.--No transportation development 23 agreement, lease, concession, franchise or other contract 24 involving real property of a qualifying transportation project 25 shall be subject to any Commonwealth or local realty transfer 26 tax imposed under the act of December 31, 1965 (P.L.1257, 27 No.511), known as The Local Tax Enabling Act, the act of March 28 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or 29 a successor statute. 30 (d) Property.--Property used in connection with a qualifying 20070S1158B1547 - 22 -
1 transportation project shall be considered public property and 2 is exempt from ad valorem property taxes and special assessments 3 levied against property by the Commonwealth or any political 4 subdivision. 5 § 9114. Pennsylvania Transportation Development Trust Fund. 6 (a) Establishment of fund.--The Pennsylvania Transportation 7 Development Trust Fund is hereby established separate and 8 distinct from the General Fund of the Commonwealth. Interest 9 earned on moneys held in the fund shall be credited to the fund. 10 The Transportation Commission shall hold, administer and manage 11 the fund, and expenses of administering the fund shall be paid 12 from money in the fund. 13 (b) Separate accounts.--Within the fund, separate accounts 14 and subaccounts may be established. 15 (c) Deposits.--Subject to the provisions of a transportation 16 development agreement, the following moneys may be deposited 17 into the fund: 18 (1) Payments received from an authorized development 19 entity or entities under a transportation development 20 agreement. 21 (2) Revenues received from a qualifying transportation 22 project pursuant to a transportation development agreement 23 with an authorized development entity or entities. 24 (3) Excess earnings over the negotiated maximum rate of 25 return for an authorized development entity or entities in a 26 transportation development agreement. 27 (4) Surcharges or other service fees or user fees which 28 may be imposed or levied by the Commonwealth on passenger or 29 commercial travel. 30 (5) Appropriations, if any, made by the General 20070S1158B1547 - 23 -
1 Assembly. 2 (6) Interest, premiums, gains or other earnings on the 3 fund. 4 (7) Any other moneys from any sources, public or 5 private, that are done by donation, grant, contract, law or 6 other means transferred, allocated or appropriated to the 7 fund. 8 (d) Permitted uses.-- 9 (1) The fund shall be a separate trust fund to be 10 appropriated and used by the Transportation Commission, upon 11 majority vote thereof, solely for the operation and 12 development of transportation facilities wholly or partly 13 within this Commonwealth. Included as a permitted use of fund 14 moneys is the funding of regional mobility authorities 15 designated by the Transportation Commission under section 16 9115 (relating to regional mobility account, etc.). 17 (2) Money may not be transferred, assigned or otherwise 18 removed from the fund except by the Transportation Commission 19 and not by the General Assembly or any other agency, 20 authority or other political subdivision of the Commonwealth. 21 (3) Money in the fund at the end of the fiscal year 22 shall not revert to the General Fund. 23 § 9115. Regional mobility account, etc. 24 (Reserved). 25 § 9116. Regional mobility authority. 26 A regional mobility authority shall be eligible to receive 27 transportation development revenues directly from the fund or 28 from a regional mobility fund. An existing local governmental 29 entity shall be eligible for designation as a regional mobility 30 authority upon application to the Transportation Commission. 20070S1158B1547 - 24 -
1 § 9117. Turnpike lease restricted. 2 The Pennsylvania Turnpike, its additions and lease properties 3 may not be subject to a transfer of oversight responsibilities 4 through a lease, sale or other agreement unless specific 5 authority is granted through an act of law passed by a majority 6 of members of the General Assembly. This section shall not 7 restrict the ability of the Pennsylvania Turnpike Commission or 8 the Transportation Commission to consider and approve 9 partnership agreements which do not require a transfer of 10 operational oversight from the Pennsylvania Turnpike Commission. 11 Section 2. This act shall take effect in 60 days. J31L74RLE/20070S1158B1547 - 25 -