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                                                      PRINTER'S NO. 1536

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1213 Session of 1999


        INTRODUCED BY STOUT, MADIGAN, KUKOVICH, COSTA, MELLOW, BELAN,
           BOSCOLA, MUSTO, KITCHEN AND SCHWARTZ, NOVEMBER 29, 1999

        REFERRED TO TRANSPORTATION, NOVEMBER 29, 1999

                                     AN ACT

     1  Authorizing the establishment of the Pennsylvania Scenic Byways
     2     System; imposing certain duties on the Department of
     3     Community and Economic Development and on the Department of
     4     Transportation; establishing an advisory committee; and
     5     making an appropriation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Scenic Byways
    10  Act.
    11  Section 2.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Department."  The Department of Community and Economic
    16  Development of the Commonwealth.
    17     "PennDOT."  The Department of Transportation of the
    18  Commonwealth.
    19     "Scenic byway."  A road which runs through wild, pastoral,

     1  historic or otherwise scenic countryside and which is designated
     2  as such under this act.
     3  Section 3.  Program.
     4     The Pennsylvania Scenic Byways System is hereby established
     5  and shall be jointly administered by the department and PennDOT.
     6  Section 4.  Advisory committee.
     7     (a)  Establishment.--An advisory committee is hereby
     8  established which shall consist of:
     9         (1)  The Secretary of Community and Economic Development
    10     or designee.
    11         (2)  The Secretary of Transportation or designee.
    12         (3)  The chairman and minority chairman of the
    13     Transportation Committee of the Senate or their designees.
    14         (4)  The chairman and minority chairman of the
    15     Transportation Committee of the House of Representatives or
    16     their designees.
    17         (5)  A representative of a nonprofit organization related
    18     to the conservation and promotion of scenic byways, who shall
    19     be appointed by the Governor.
    20         (6)  Five members representing organizations concerned
    21     with preservation, the motoring public, tourism development
    22     and the public at large who shall be appointed by the
    23     Governor.
    24     (b)  Duties.--The advisory committee shall advise the
    25  department and make recommendations including, but not limited
    26  to, operation and management of the program, standards for signs
    27  and identification, measures for safety and procedures for
    28  designations.
    29  Section 5.  Study.
    30     The department and PennDOT shall jointly study and conduct
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     1  public hearings if necessary on the roads of this Commonwealth
     2  to determine if these roads meet the criteria established under
     3  this act for a scenic byway designation.
     4  Section 6.  Proposals.
     5     The department shall, from time to time, submit proposals to
     6  the Governor and to the General Assembly setting forth roads in
     7  this Commonwealth to which the "scenic byway" designation might
     8  appropriately be affixed by an act of the General Assembly.
     9  These scenic byways shall become part of the Pennsylvania Scenic
    10  Byways System.
    11  Section 7.  Criteria.
    12     To be designated as a scenic byway, a road shall:
    13         (1)  Be recommended for the designation by the
    14     department.
    15         (2)  Be a road which is free of impediments, still
    16     largely primitive and undeveloped, and contains little
    17     commerce on either side of the road.
    18         (3)  Be of some pastoral, wilderness or historic value to
    19     this Commonwealth.
    20         (4)  Possess one or more of the following outstanding
    21     intrinsic qualities: scenic, cultural, historical,
    22     archaeological, recreational or natural.
    23  Section 8.  Markers.
    24     PennDOT shall erect uniform and aesthetically pleasant signs
    25  on a scenic byway to inform passing motorists of its designated
    26  status.
    27  Section 9.  Maintenance.
    28     (a)  Local planning.--The department shall make small
    29  community planning grants available to local governments in
    30  which scenic byways are located. These grants shall be used to
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     1  enhance local planning, zoning and other measures to protect the
     2  preservation of scenic byways.
     3     (b)  Improvements.--Where repairs to scenic byways or rights-
     4  of-way contiguous with them are needed, PennDOT shall make them.
     5     (c)  Corridor management plan.--A corridor management plan
     6  shall be developed with community involvement to provide for the
     7  conservation and enhancement of the roadway as well as tourism
     8  and economic development. The plan shall document the goals,
     9  strategies and responsibilities for protecting a scenic byway's
    10  outstanding qualities and encouraging economic benefits.
    11     (d)  Billboards prohibited.--Billboards are prohibited on any
    12  scenic byway that is a Federal-aid primary or Interstate
    13  highway. This subsection does not apply to billboards erected
    14  prior to the effective date of this act.
    15  Section 10.  Promotion.
    16     PennDOT shall include the Pennsylvania Scenic Byways System
    17  on its maps and in other tourist and travel promotional
    18  material, in coordination with the department.
    19  Section 11.  Appropriation.
    20     The sum of $400,000, or as much thereof as may be necessary,
    21  is hereby appropriated to the Department of Transportation, for
    22  the fiscal year July 1, 1999, to June 30, 2000, for the erection
    23  of scenic byway markers.
    24  Section 12.  Effective date.
    25     This act shall take effect immediately.




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