| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
| No. | 8 | Special Session No. 1 of 2009-2010 |
|
| |
| |
| INTRODUCED BY D. EVANS, SEPTEMBER 14, 2010 |
| |
| |
| REFERRED TO COMMITTEE ON APPROPRIATIONS, SEPTEMBER 14, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Titles 72 (Taxation and Fiscal Affairs), 74 |
2 | (Transportation) and 75 (Vehicles) of the Pennsylvania |
3 | Consolidated Statutes, in taxation and fiscal affairs, |
4 | providing for an oil company gross profits tax; in |
5 | sustainable mobility options, further providing for fund, for |
6 | application and approval process and asset improvement |
7 | program; providing for imposition and allocation of |
8 | surcharges, for minimum qualifications for governing board |
9 | members, for best practices for transit-oriented development |
10 | and for Legislative Budget and Finance Committee review; in |
11 | transportation, providing for public transit strike |
12 | notification; providing for public-private transportation |
13 | partnership; in vehicles, further providing for various |
14 | vehicle fees and for the imposition of the oil company |
15 | franchise tax for highway maintenance and construction; |
16 | providing for an annual adjustment to fees; and making a |
17 | related repeal. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Title 72 of the Pennsylvania Consolidated |
21 | Statutes is amended by adding parts to read: |
22 | PART I |
23 | PRELIMINARY PROVISIONS |
24 | (Reserved) |
25 | PART II |
26 | TAXES |
|
1 | Chapter 22. Oil Company Gross Profits |
2 | CHAPTER 22 |
3 | OIL COMPANY GROSS PROFITS |
4 | Sec. |
5 | 2201. Definitions. |
6 | 2202. Imposition of tax. |
7 | 2203. Reports and payment of tax. |
8 | 2204. Restricted revenue account. |
9 | 2204.1. Appropriations. |
10 | 2205. Procedure; enforcement; penalties. |
11 | 2206. Cost of tax and penalties. |
12 | 2207. Administration. |
13 | § 2201. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Account." The Oil Company Gross Profits Tax Account |
18 | established in section 2204 (relating to restricted revenue |
19 | account). |
20 | "Apportioned gross profits." The gross profits apportioned |
21 | to Pennsylvania by the apportionment fraction set forth in |
22 | section 2202(d) (relating to imposition of tax). |
23 | "Code." The act of March 4, 1971 (P.L.6, No.2), known as the |
24 | Tax Reform Code of 1971. |
25 | "Department." The Department of Revenue of the Commonwealth. |
26 | "Gross profits." If an oil company files an income tax |
27 | return with the Federal Government, gross profits as set forth |
28 | on such return. If an oil company does not file an income tax |
29 | return with the Federal Government, gross profits, as defined |
30 | and calculated on the applicable Federal income tax return. |
|
1 | Gross profits of an oil company are computed by combining the |
2 | gross profits of all companies of a unitary business. All |
3 | transactions among oil companies of a unitary business are |
4 | eliminated in computing gross profits. |
5 | "Gross receipts." All gross receipts of a business entity. |
6 | If an oil company files an income tax return with the Federal |
7 | Government, its gross receipts as set forth on such return. If |
8 | an oil company does not file an income tax return with the |
9 | Federal Government, gross receipts, as defined and calculated on |
10 | the applicable Federal income tax return. |
11 | "Oil company." An entity that engages in the exploration, |
12 | drilling, importation, refining or wholesale distribution of |
13 | petroleum products. |
14 | "Petroleum products." Any fractionated product of the |
15 | industrial processing of crude oil manufactured or refined or |
16 | used for the generation of power in an internal combustion |
17 | engine to propel motor vehicles of any kind or character or for |
18 | the generation of heat. Petroleum products include, but are not |
19 | limited to, gasoline, diesel fuel, kerosene, propane and any |
20 | other product of crude oil used for such purpose. |
21 | "Taxable year." The taxable year which an oil company, or |
22 | any consolidated group with which an oil company participates in |
23 | the filing of consolidated returns, actually uses in reporting |
24 | taxable income to the Federal Government. The terms "annual |
25 | year," "fiscal year," "annual or fiscal year," "tax year" and |
26 | "tax period" shall be the same as the oil company's taxable year |
27 | as defined in this definition. |
28 | "Unitary business." A single economic enterprise that is |
29 | made up either of separate parts of a single entity or of a |
30 | commonly controlled group of entities that are sufficiently |
|
1 | interdependent, integrated and interrelated through their |
2 | activities so as to provide a synergy and mutual benefit that |
3 | produces a sharing or exchange of value among them and a |
4 | significant flow of value to the separate parts. |
5 | "Wholesale distribution." The making of one or more |
6 | nonretail sales of petroleum products. |
7 | § 2202. Imposition of tax. |
8 | (a) Imposition.--An oil company shall pay an excise tax on |
9 | its apportioned gross profits for exercising, whether in its own |
10 | name or through any person, association, business trust, |
11 | corporation, joint venture, limited liability company, limited |
12 | partnership, partnership or other entity, any of the following |
13 | privileges: |
14 | (1) Doing business within this Commonwealth. |
15 | (2) Carrying out activities within this Commonwealth. |
16 | (3) Having capital or property employed or used in this |
17 | Commonwealth. |
18 | (4) Owning property in this Commonwealth. |
19 | (5) Engaging in or transacting any activity in this |
20 | Commonwealth for the purpose of financial gain or profit. |
21 | (b) Rate.--The annual rate of tax on gross profits imposed |
22 | by subsection (a) shall be 8% for calendar years or fiscal years |
23 | beginning after December 31, 2010. |
24 | (c) Tax in lieu of corporate net income tax.--The tax |
25 | imposed by this chapter shall be in lieu of the tax imposed by |
26 | Article IV of the code. |
27 | (d) Apportionment fraction.--If at least one oil company of |
28 | a unitary business that consists of oil companies transacts part |
29 | of its business outside Pennsylvania, the apportionment fraction |
30 | of an oil company is its Pennsylvania gross receipts divided by |
|
1 | total gross receipts of all oil companies of the unitary |
2 | business. Gross receipts from the sale of tangible personal |
3 | property are Pennsylvania gross receipts based on the sourcing |
4 | rule set forth in section 401(3)2(a)(16) of the code. All other |
5 | gross receipts are Pennsylvania gross receipts based on the |
6 | sourcing rule set forth in section 401(3)2(a)(17) of the code. |
7 | All transactions among oil companies of a unitary business are |
8 | eliminated in computing the numerator and the denominator of the |
9 | apportionment fraction of an oil company. If all oil companies |
10 | of a unitary business that consist of oil companies transact all |
11 | of their business within Pennsylvania, none of the oil companies |
12 | are entitled to apportion their gross profits. |
13 | § 2203. Reports and payment of tax. |
14 | (a) Requirement.--Each oil company subject to tax under this |
15 | chapter is required to file a report of gross profits taxable |
16 | under this chapter and pay tax due as set forth in section 403 |
17 | of the code. |
18 | (b) Option.-- |
19 | (1) All oil companies of a unitary business that are |
20 | subject to tax under this chapter may elect to file a report |
21 | and pay tax on an aggregate basis. |
22 | (2) The department shall prescribe a combined report for |
23 | reporting and paying tax on an aggregate basis. |
24 | (3) The oil companies of a unitary business that are |
25 | subject to tax under this chapter and that make this election |
26 | shall designate an oil company of the unitary business that |
27 | is taxable under this chapter to act as an agent for all oil |
28 | companies of the unitary business. The agent shall file the |
29 | report permitted under this subsection under oath or |
30 | affirmation and pay the total tax due under this chapter for |
|
1 | all oil companies of a unitary business that are subject to |
2 | tax under this chapter. Each oil company of a unitary |
3 | business that is taxable under this chapter and makes the |
4 | election permitted under this subsection remains liable for |
5 | its tax due under this chapter. |
6 | § 2204. Restricted revenue account. |
7 | (a) Establishment of account.--There is established a |
8 | restricted account in the General Fund to be known as the Oil |
9 | Company Gross Profits Tax Account. Except as provided in |
10 | subsection (c), money paid into the account shall be |
11 | appropriated annually for transportation purposes. |
12 | (b) Deposit.--The tax collected pursuant to this chapter |
13 | shall be deposited and paid into the account. |
14 | (c) Transfer.-- |
15 | (1) On or about April 1, 2011: |
16 | (i) The sum of $1,000,000, or as much thereof as may |
17 | be necessary, is appropriated to the Office of Attorney |
18 | General for the fiscal year July 1, 2010, to June 30, |
19 | 2011, from the account to carry out the provisions of |
20 | section 2206(c) (relating to cost of tax and penalties). |
21 | (ii) A payment of $17,500,000 shall be transferred |
22 | from the account to the General Fund, 80% of the money |
23 | remaining in the account shall be transferred to the |
24 | Public Transportation Trust Fund established in 74 |
25 | Pa.C.S. § 1506 (relating to fund) and the remainder to |
26 | the Motor License Fund. |
27 | (2) On the first business day of July 2011, October |
28 | 2011, January 2012 and each first business day of July, |
29 | October and January thereafter, 80% of the money in the |
30 | account shall be transferred to the Public Transportation |
|
1 | Trust Fund established in 74 Pa.C.S. § 1506 and the remainder |
2 | to the Motor License Fund. |
3 | (3) On each first business day of April following the |
4 | transfer in paragraph (1), $35,000,000 shall be transferred |
5 | from the account to the General Fund, 80% of the money |
6 | remaining in the account shall be transferred to the Public |
7 | Transportation Trust Fund established in 74 Pa.C.S. § 1506 |
8 | and the remainder to the Motor License Fund. |
9 | (d) Restriction on use of transferred funds.--Funds |
10 | transferred to the Public Transportation Trust Fund established |
11 | in 74 Pa.C.S. § 1506 shall not be subject to the limitations |
12 | contained in 74 Pa.C.S. § 1507(c) (relating to application and |
13 | approval process) but shall be used only for activities set |
14 | forth under the financial waiver allowing the funds to be used |
15 | for a different purpose. The regulations of the Department of |
16 | Transportation shall describe circumstances under which it will |
17 | consider waiver requests and shall set forth all information to |
18 | be included in a waiver request. The waiver request shall |
19 | include a plan of corrective action to demonstrate that the |
20 | award recipient does not have an ongoing need to use financial |
21 | assistance funds for activities other than those for which funds |
22 | were originally awarded, and the duration of the waiver cannot |
23 | exceed the duration of the plan of corrective action. The |
24 | Department of Transportation shall monitor the implementation of |
25 | the plan of corrective action. If the plan of corrective action |
26 | is not implemented by the local transportation organization, as |
27 | defined in 74 Pa.C.S. § 1503 (relating to definitions), the |
28 | Department of Transportation shall rescind the waiver approval. |
29 | § 2204.1. Appropriations. |
30 | (a) Roads and bridges.--All money transferred to the Motor |
|
1 | License Fund under section 2204 (relating to restricted revenue |
2 | account) is appropriated to the Department of Transportation to |
3 | be allocated as follows: |
4 | (1) Eighty-seven percent to be used for State roads and |
5 | bridges. |
6 | (2) Eleven percent for municipal roads and bridges |
7 | distributed to municipalities pursuant to the act of June 1, |
8 | 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels |
9 | Tax Municipal Allocation Law. |
10 | (3) Two percent for county roads and bridges distributed |
11 | to counties as follows: |
12 | (i) The distribution shall be in the ratio of: |
13 | (A) the square footage of deck area of a |
14 | county's county-owned bridges; to |
15 | (B) the total square footage of deck area of |
16 | county-owned bridges throughout this Commonwealth. |
17 | (ii) The amount of square footage under subparagraph |
18 | (i) shall be that reported as part of the National Bridge |
19 | Inspection Standards Program. |
20 | (b) Financial assistance.--All money transferred to the |
21 | Public Transportation Trust Fund under section 2204 is |
22 | appropriated to the Department of Transportation to be allocated |
23 | as follows: |
24 | (1) Eighty-five and eight-tenths percent for financial |
25 | assistance under 74 Pa.C.S. § 1514 (relating to asset |
26 | improvement program). |
27 | (2) Fourteen and two-tenths percent for financial |
28 | assistance under 74 Pa.C.S. § 1513 (relating to operating |
29 | program). |
30 | § 2205. Procedure; enforcement; penalties. |
|
1 | (a) Applicability of code.--Except as set forth in |
2 | subsection (b), Parts III, IV, V, VI and VII of Article IV of |
3 | the code shall apply to the tax imposed under this chapter. |
4 | (b) Inapplicability.--Section 404 of the code shall not |
5 | apply to the tax imposed by this chapter. |
6 | (c) Underpayment.--In addition to any other penalty provided |
7 | by law, if the amount of any estimated payment of tax due or |
8 | payment of tax due is underpaid, a penalty shall be imposed in |
9 | the amount of 5% of the underpayment per month for the period of |
10 | the underpayment, up to a maximum of 25% of the underpayment. |
11 | (d) Failure to file.--In addition to any other penalty |
12 | provided by law, if an oil company fails to file the report |
13 | required by section 2203 (relating to reports and payment of |
14 | tax) within 270 days of the original due date of the report, a |
15 | penalty of $500 shall be imposed on the business entity. |
16 | § 2206. Cost of tax and penalties. |
17 | (a) Cost.--The cost of the tax imposed in section 2202 |
18 | (relating to imposition of tax), or any portion of the tax, |
19 | shall not be added to, separately stated with or included in the |
20 | purchase price charged to a purchaser of petroleum products. |
21 | (b) Penalties.--An individual who willfully violates |
22 | subsection (a) commits a misdemeanor of the third degree. In |
23 | addition, the seller of the petroleum products shall be required |
24 | to pay a penalty equal to the amount added to, separately stated |
25 | with or included with the purchase price charged to the |
26 | purchaser. |
27 | (c) Attorney General.--In addition to the authority |
28 | conferred upon the Attorney General by the act of October 15, |
29 | 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, |
30 | the Attorney General shall have the authority to investigate and |
|
1 | to institute criminal proceedings for any violation of this |
2 | section. No persons charged with a violation of this section by |
3 | the Attorney General shall have standing to challenge the |
4 | authority of the Attorney General to investigate or prosecute |
5 | the case. If a challenge is made, the challenge shall be |
6 | dismissed and no relief shall be made available in the courts of |
7 | this Commonwealth to the person making the challenge. |
8 | § 2207. Administration. |
9 | (a) Separate nature.--Tax under this chapter shall be |
10 | separately reported, determined and treated. |
11 | (b) Estimation.--A taxpayer under this chapter shall |
12 | estimate the amount of the tax under section 2202 (relating to |
13 | imposition of tax). |
14 | (c) Payment.-- |
15 | (1) A taxpayer shall pay the estimated tax in a single |
16 | installment by the 15th day of the third month of the taxable |
17 | year. |
18 | (2) After payment under paragraph (1), the remaining |
19 | portion of the tax due under this chapter shall be paid on |
20 | the date the report under section 2203 (relating to reports |
21 | and payment of tax) is required to be filed, without |
22 | reference to an extension of time for filing. |
23 | Section 1.1. Section 1506 of Title 74 is amended by adding a |
24 | subsection to read: |
25 | § 1506. Fund. |
26 | * * * |
27 | (f) Availability of funds.--Funds not expended under this |
28 | section in the fiscal year in which they were made available |
29 | shall not lapse and shall be available for use pursuant to this |
30 | section in the next four succeeding fiscal years. |
|
1 | Section 1.2. Section 1507(a) and 1514(e) of Title 74 are |
2 | amended by adding paragraphs to read: |
3 | § 1507. Application and approval process. |
4 | (a) Application.--An eligible applicant that wishes to |
5 | receive financial assistance under this chapter shall submit a |
6 | written application to the department on a form developed by the |
7 | department, which shall include the following: |
8 | * * * |
9 | (6.1) A statement of policy outlining basic principles |
10 | for adjustment in fare revenue growth to meet the rate of |
11 | inflation. |
12 | * * * |
13 | § 1514. Asset improvement program. |
14 | * * * |
15 | (e) Priorities.--The award of financial assistance under |
16 | this section shall be subject to the following set of priorities |
17 | in descending order of significance unless a compelling return |
18 | on investment analysis for a project in a lower category is |
19 | provided to and approved by the department: |
20 | * * * |
21 | (4) Request for funds to support local transportation |
22 | organizations merger and consolidation incentives. Capital |
23 | projects that are needed to support local transportation |
24 | organizations that have agreed to merge and consolidate |
25 | operations and administration to achieve cost and service |
26 | efficiencies. The efficiencies must be identified in a merger |
27 | and consolidation plan, and must include the expected dollar |
28 | savings that will result from the merger and consolidation. |
29 | Section 1.3. Title 74 is amended by adding sections to read: |
30 | § 1521. Imposition and allocation of surcharges. |
|
1 | (a) Surcharge.--The following surcharges are hereby imposed, |
2 | the proceeds of which shall be deposited in the Public |
3 | Transportation Trust Fund established under section 1506 |
4 | (relating to fund) and are hereby appropriated for the program |
5 | specified in section 1514 (relating to asset improvement |
6 | program): |
7 | (1) In addition to the fee established by 75 Pa.C.S. § |
8 | 1951(c) (relating to driver's license and learner's permit), |
9 | a surcharge of $13 is imposed on all issuances of an |
10 | identification card. In addition to the fee established by 75 |
11 | Pa.C.S. § 1951(d), a surcharge of $2 is imposed on all |
12 | issuances of a replacement identification card. |
13 | (2) In addition to the fee established by 75 Pa.C.S. § |
14 | 1952 (relating to certificate of title), a surcharge of $8.50 |
15 | is imposed on all issuances of certificate of title. |
16 | (3) In addition to the fee established by 75 Pa.C.S. § |
17 | 1953 (relating to security interest), a surcharge of $9.00 is |
18 | imposed on all recordings or changes to the amount of a |
19 | security interest. |
20 | (4) In addition to the fee established by 75 Pa.C.S. § |
21 | 1955(a) (relating to information concerning drivers and |
22 | vehicles), a surcharge of $13 is imposed on copies of written |
23 | or electronic information relating to driver, registration, |
24 | title or security interest. |
25 | (5) In addition to the fee established by 75 Pa.C.S. § |
26 | 1956 (relating to certified copies of records), a surcharge |
27 | of $31 is imposed on all certified copies of records. |
28 | (6) In addition to the fee established by 75 Pa.C.S. § |
29 | 1958 (relating to certificate of inspection), a surcharge of |
30 | $3 is imposed on all annual certificates of inspection and $2 |
|
1 | on semiannual certificates of inspection. |
2 | (b) Increase.--For calender year 2012 and each calendar year |
3 | thereafter, the department shall increase the surcharges under |
4 | subsection (a) by the lesser of the following: |
5 | (1) The rate of inflation calculated using the Consumer |
6 | Price Index for the most recent available data over a 12- |
7 | month period. |
8 | (2) One and one-half percent. |
9 | (c) Publication.--The department shall publish notice of the |
10 | surcharge under subsection (b) and of the new total cost at |
11 | least 90 days prior to the beginning of each calendar year. |
12 | § 1522. Minimum qualifications for governing board members. |
13 | Minimum qualifications for governing board members for a |
14 | local transportation organization may include the following: |
15 | (1) Being a reputable citizen of this Commonwealth, of |
16 | mature judgment and broad experience. |
17 | (2) Having professional background expertise or |
18 | substantial experience in one or more of the following areas: |
19 | (i) Transportation. |
20 | (ii) Finance. |
21 | (iii) Law. |
22 | (iv) Land use and public planning. |
23 | (v) Human services. |
24 | (3) Demonstrating an interest in public transportation |
25 | through support of the organization's mission, values and |
26 | vision. |
27 | § 1523. Best practices for transit oriented development. |
28 | The department shall develop a manual on the best practices |
29 | for transit oriented development and make the manual available |
30 | to local transportation organizations and local governments. |
|
1 | § 1524. Legislative Budget and Finance Committee review. |
2 | The Legislative Budget and Finance Committee shall do all of |
3 | the following: |
4 | (1) Review the specific findings and recommendations of |
5 | the Human Service Transportation Coordination Study of 2009. |
6 | (2) Evaluate potential strategies for a unified human |
7 | services transportation program management that may include |
8 | use of memorandums of understanding among agencies, joint |
9 | program offices or other strategies that promote |
10 | consolidation. |
11 | (3) Review the potential for consolidation, specifically |
12 | considering matters relating to agency administration, |
13 | personnel, customer service, unified human service |
14 | transportation planning, cost implications and any other |
15 | factors deemed significant. |
16 | (4) Determine whether department or agency consolidation |
17 | is a feasible solution to improve the coordination of |
18 | Commonwealth human services transportation management and |
19 | identify the specific legislative and policy actions, if |
20 | necessary, required to implement such a plan. |
21 | (5) Report all findings, conclusions and recommendations |
22 | to the Senate and the House of Representatives within one |
23 | year of the effective date of this section. |
24 | Section 1.4. Title 74 is amended by adding a chapter to |
25 | read: |
26 | CHAPTER 19 |
27 | MANAGEMENT AND LABOR PROVISIONS |
28 | Subchapter |
29 | A. Public Transit Strike Notification |
30 | SUBCHAPTER A |
|
1 | PUBLIC TRANSIT STRIKE NOTIFICATION |
2 | Sec. |
3 | 1901. Scope of subchapter. |
4 | 1902. Legislative findings. |
5 | 1903. Definitions. |
6 | 1904. Strike notification requirements. |
7 | § 1901. Scope of subchapter. |
8 | This subchapter relates to public transit strike |
9 | notification. |
10 | § 1902. Legislative findings. |
11 | The General Assembly finds and declares as follows: |
12 | (1) Mass transit is a critical component of the |
13 | transportation infrastructure throughout this Commonwealth. |
14 | (2) State and local taxpayers significantly subsidize |
15 | the operation and capital costs of local transportation |
16 | organizations. |
17 | (3) Disruption of transit services not only |
18 | inconveniences riders but also has an adverse impact on |
19 | regional economies. |
20 | (4) Past strikes called by bargaining unit leaders have |
21 | not given transit riders sufficient time to find alternative |
22 | means of transportation and have left passengers stranded |
23 | waiting for rides. |
24 | (5) Transit riders, the public at large and local |
25 | governments deserve to have ample notice prior to a work |
26 | stoppage by transit workers. |
27 | § 1903. Definitions. |
28 | The following words and phrases as used in this subchapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
|
1 | "Collective bargaining unit." A group of employees |
2 | represented by a labor union or other group engaged in |
3 | collective bargaining with a local transportation organization. |
4 | "Local transportation organization." As defined in section |
5 | 1503 (relating to definitions). |
6 | "Notification to the general public." All of the following: |
7 | (1) Holding a press conference which is attended by |
8 | representatives of the major newspapers, television stations |
9 | and news radio stations in the region served by the local |
10 | transportation organization employing the members of the |
11 | collective bargaining unit. |
12 | (2) Unambiguously announcing a work stoppage. |
13 | "Transit worker." An employee of a local transportation |
14 | organization. |
15 | "Union leader." An officer of a labor union or collective |
16 | bargaining unit of a labor union. |
17 | "Union member." A member of a labor union other than a union |
18 | leader. |
19 | "Work stoppage." Ceasing or refusing to attend or perform |
20 | any work or to remain in any relation of employment. |
21 | § 1904. Strike notification requirements. |
22 | (a) Union leaders.--Notwithstanding any other provision of |
23 | law, a union leader of a collective bargaining unit representing |
24 | transit workers may not call for or order a work stoppage |
25 | disrupting the operations of a local transportation organization |
26 | unless: |
27 | (1) notification is provided to the general public; and |
28 | (2) the work stoppage begins or is called to begin no |
29 | sooner than 72 hours after compliance with paragraph (1). |
30 | (b) Union members.--A union member may not participate in a |
|
1 | work stoppage which has been called or ordered in violation of |
2 | any provision of subsection (a). |
3 | (c) Penalties.-- |
4 | (1) A violation of subsection (a) constitutes a summary |
5 | offense punishable by a fine, payable to the county, of $500 |
6 | for each hour during which a work stoppage occurs in |
7 | violation of this subchapter. Upon failure to timely pay the |
8 | fine, an offender shall be sentenced to undergo a term of |
9 | imprisonment of up to 120 days. |
10 | (2) A violation of subsection (b) constitutes a summary |
11 | offense punishable by a fine, payable to the county, of $50 |
12 | for each hour of participation in a work stoppage called, or |
13 | occurring, in violation of this section. Upon failure to |
14 | timely pay the fine, an offender shall be sentenced to a term |
15 | of imprisonment of up to 12 days. |
16 | Section 1.5. Title 74 is amended by adding a part to read: |
17 | PART V |
18 | TRANSPORTATION INFRASTRUCTURE |
19 | CHAPTER 91 |
20 | PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP |
21 | Sec. |
22 | 9101. Scope of chapter. |
23 | 9102. Findings and declaration of policy. |
24 | 9103. Definitions. |
25 | 9104. Regulations. |
26 | 9105. Project delivery methods. |
27 | 9106. Approval. |
28 | 9107. Public-private transportation partnership agreement. |
29 | 9108. Police powers and violations of law. |
30 | 9109. Environmental and other authorizations. |
|
1 | 9110. Taxation of authorized development entity or entities. |
2 | 9111. Power of eminent domain. |
3 | 9112. Sovereign immunity. |
4 | 9113. Amounts payable by proprietary public entities and |
5 | specific performance. |
6 | 9114. Design-build development and Separations Act. |
7 | 9115. Additional procurement provisions. |
8 | 9116. Adverse interest. |
9 | 9117. Application of chapter. |
10 | 9118. Federal, Commonwealth, local and private assistance. |
11 | 9119. Public-Private Transportation Account. |
12 | 9120. Public-Private Transportation Partnership Board. |
13 | 9121. Duties and powers of board. |
14 | 9122. Role of department in operation of board. |
15 | § 9101. Scope of chapter. |
16 | This chapter relates to public-private transportation |
17 | partnerships. |
18 | § 9102. Findings and declaration of policy. |
19 | (a) Legislative findings and declarations.--The General |
20 | Assembly finds, determines and declares as 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 the needs of the public are adequately |
28 | addressed, alternative funding mechanisms and strategies must |
29 | be developed to supplement existing public revenue sources. |
30 | (4) The imposition of user fees establishes an |
|
1 | additional funding source for transportation infrastructure |
2 | needs that spreads the costs across those who most benefit |
3 | from the Commonwealth's system of roads, highways and |
4 | bridges. |
5 | (5) The imposition of user fees and the development, |
6 | operation, maintenance, construction and improvement of toll |
7 | roads is a proprietary function which may be delegated to a |
8 | private entity consistent with section 31 of Article 3 of the |
9 | Constitution of Pennsylvania. |
10 | (6) Authorizing public entities to enter into |
11 | transportation development agreements with private entities |
12 | and other public entities for the development, operation and |
13 | financing of transportation facilities can result in greater |
14 | availability of transportation facilities to the public in a |
15 | timely, efficient and less costly fashion, thereby serving |
16 | the public safety and welfare. |
17 | (7) Assuring that qualifying transportation projects are |
18 | developed, operated and financed in a cost-effective manner |
19 | is an important factor in promoting the health, safety and |
20 | welfare of the citizens of this Commonwealth. |
21 | (b) Intent.--It is the intent of this chapter: |
22 | (1) To encourage private entities to invest in this |
23 | Commonwealth by participating in the development, operation |
24 | and/or financing of transportation facilities. |
25 | (2) To accomplish the goals under subsection (a) and |
26 | paragraph (1), and to provide the policies set forth in this |
27 | chapter to provide public entities and private entities with |
28 | the flexibility in contracting with each other for and in |
29 | providing of the public services that are the subject of this |
30 | title. |
|
1 | (3) To accomplish the goals under subsection (a) and |
2 | paragraph (1), and provide the policies set forth in this |
3 | chapter to make clear that public entities are authorized and |
4 | empowered to contract with private entities for and in |
5 | providing the public services which are the subject of this |
6 | title. |
7 | (4) To establish a board with the authority to authorize |
8 | the charging of user fees consistent with the goals under |
9 | subsection (a) and paragraph (1). |
10 | § 9103. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Account." The Public-Private Transportation Account. |
15 | "Board." The Public-Private Transportation Partnership |
16 | Board. |
17 | "Department." The Department of Transportation of the |
18 | Commonwealth. |
19 | "Development entity." Any of the following: |
20 | (1) A private entity. |
21 | (2) A public entity, other than the proprietary public |
22 | entity. |
23 | (3) A partnership of entities proposing, bidding or |
24 | responding to a solicitation by the department or a |
25 | proprietary public entity. |
26 | "Electronic toll." A system of collecting tolls or charges |
27 | that is capable of charging an account holder for the prescribed |
28 | toll by electronic transmission of information, including E-Z |
29 | Pass, open road tolling, video tolling or other similar |
30 | structural or technological enhancements pertaining to tolling. |
|
1 | "Private entity." A person, entity or organization that is |
2 | not the Federal Government, a state, a political subdivision of |
3 | this Commonwealth or a unit of government. |
4 | "Proprietary public entity." A public entity that owns the |
5 | eligible transportation facility that is subject to a public- |
6 | private transportation partnership agreement. |
7 | "Public entity." The Commonwealth or any of its departments, |
8 | commissions, authorities, agencies or a unit of government. The |
9 | term includes the department and the Pennsylvania Turnpike |
10 | Commission. The term does not include the General Assembly and |
11 | its members, officers or agencies or any court or other office |
12 | or agency of the Pennsylvania judicial system. |
13 | "Public-private transportation partnership agreement." A |
14 | binding agreement for a public-private transportation project |
15 | transferring rights for the use or control, in whole or in part, |
16 | of a transportation facility by the department or a proprietary |
17 | public entity to a development entity for a definite term during |
18 | which the development entity will provide transportation-related |
19 | services in return for the right to receive all or a portion of |
20 | the revenue of the transportation facility, or other payment, |
21 | such as the following transportation-related services: |
22 | (1) Operations and maintenance. |
23 | (2) Revenue collection. |
24 | (3) User fee collection or enforcement. |
25 | (4) Design. |
26 | (5) Construction. |
27 | (6) Development and other activities with respect to |
28 | existing or new transportation facilities that enhance |
29 | traffic throughput, reduce congestion, improve safety or |
30 | otherwise manage or improve a transportation facility. |
|
1 | "Public-private transportation project." A project for the |
2 | safe transport of people or goods via one or more modes of |
3 | transport. |
4 | "Right-to-Know Law." The act of February 14, 2008 (P.L.6, |
5 | No.3), known as the Right-to-Know Law. |
6 | "Solicitation." The process by which the department or a |
7 | proprietary public entity may elect to procure services under |
8 | section 9106(b) (relating to approval). |
9 | "State Adverse Interest Act." The act of July 19, 1957 |
10 | (P.L.1017, No.451), known as the State Adverse Interest Act. |
11 | "Transportation facility." A proposed or existing road, |
12 | bridge, tunnel, overpass, ferry, busway, guideway, public |
13 | transportation facility, vehicle parking facility, port |
14 | facility, multimodal transportation facility, airport, station, |
15 | hub, terminal or similar facility used or to be used for the |
16 | transportation of persons, animals or goods, together with any |
17 | buildings, structures, parking areas, appurtenances and other |
18 | property needed to operate the transportation facility. The term |
19 | includes any improvements or substantial enhancements or |
20 | modifications to an existing transportation facility. |
21 | "Unit of government." Any of the following: |
22 | (1) An agency, office or department of the Commonwealth. |
23 | (2) A city, county, district, commission, authority, |
24 | entity, port or other public corporation organized and |
25 | existing under statutory law, voter-approved charter or |
26 | initiative. |
27 | (3) An intergovernmental entity. |
28 | § 9104. Regulations. |
29 | (a) Promulgation.--In order to facilitate the implementation |
30 | of this chapter, the department may promulgate regulations or |
|
1 | publish guidelines that include any of the following: |
2 | (1) The process for review of request for solicitations |
3 | or responses to requests for solicitations issued by the |
4 | department or a proprietary public entity. |
5 | (2) The process for receipt and review of and response |
6 | to competing responses to requests for solicitations. |
7 | (3) The type and amount of information that is necessary |
8 | for adequate review of and response to each state of review |
9 | of a solicitation. |
10 | (4) The process for submission and review of requests to |
11 | the department and the board by public entities for approval |
12 | of a public-private transportation project under this |
13 | chapter. |
14 | (5) Any other provisions which are required under this |
15 | chapter or which the department determines are appropriate |
16 | for implementation of this chapter. |
17 | (b) Temporary regulations.--Notwithstanding any other |
18 | provision of law and in order to facilitate the prompt |
19 | implementation of this chapter, any regulation promulgated by |
20 | the department under this chapter during the two years following |
21 | the effective date of this section shall be deemed temporary |
22 | regulations which shall expire no later than three years |
23 | following the effective date of this section or upon |
24 | promulgation of final regulations. The temporary regulations |
25 | shall not be subject to any of the following: |
26 | (1) Sections 201, 202, 203 and 204 of the act of July |
27 | 31, 1968 (P.L.769, No.240), referred to as the Commonwealth |
28 | Documents Law. |
29 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
30 | the Regulatory Review Act. |
|
1 | § 9105. Project delivery methods. |
2 | The department shall provide for the development or operation |
3 | of eligible facilities using a variety of project delivery |
4 | methods and forms of agreement. The methods may include: |
5 | (1) Predevelopment agreements leading to other |
6 | implementing agreements. |
7 | (2) A design-build agreement. |
8 | (3) A design-build-maintain agreement. |
9 | (4) A design-build-finance-operate agreement. |
10 | (5) A design-build-operate-maintain agreement. |
11 | (6) A design-build-finance-operate-maintain agreement. |
12 | (7) A concession providing for the private entity to |
13 | design, build, operate, maintain, manage or lease an eligible |
14 | transportation facility. |
15 | (8) Any other project delivery method or agreement or |
16 | combination of methods or agreements that the department |
17 | determines will serve the public interest. |
18 | § 9106. Approval. |
19 | (a) Authorization.--The department or a proprietary public |
20 | entity, upon approval by the board, is authorized to enter into |
21 | an agreement with a development entity for the purpose of |
22 | forming a public-private transportation partnership in |
23 | accordance with this chapter. |
24 | (b) Solicitation.--The department or a proprietary public |
25 | entity may procure services under this chapter using any or all |
26 | of the following: |
27 | (1) Request for project proposals in which is described |
28 | a class of transportation facilities or a geographic area in |
29 | which development entities are invited to submit proposals to |
30 | develop transportation facilities. |
|
1 | (2) Solicitations using requests for qualifications, |
2 | short-listing of qualified proposers, requests for proposals, |
3 | negotiations, best and final offers or other procurement |
4 | procedures. |
5 | (3) Procurements seeking development and finance plans |
6 | most suitable for the project. |
7 | (4) Best value selection procurements based on price, |
8 | financial proposals, or both, or other factors determined to |
9 | be relevant to a decision that is in the best interest of the |
10 | Commonwealth or the proprietary public entity. |
11 | (5) Other procedures that the department determines may |
12 | further the implementation of this chapter. |
13 | (6) Unsolicited proposals as recommended by the board if |
14 | the board, in consultation with the department, determines |
15 | there is sufficient merit to pursue the proposal, a |
16 | reasonable opportunity for other entities to submit competing |
17 | proposals for consideration and a possible contract award. |
18 | (c) Notice.--The department or a proprietary public entity |
19 | must give adequate public notice of any request for |
20 | qualifications, request for proposal or other solicitation in a |
21 | reasonable amount of time prior to any deadline date for |
22 | submission. The solicitation shall generally set forth the |
23 | factors that will be evaluated and the manner in which responses |
24 | will be evaluated. |
25 | (d) Costs.-- |
26 | (1) The department and a proprietary public entity and |
27 | their respective advisers shall not be responsible for any |
28 | costs or damages incurred by a private party in connection |
29 | with any requests for qualifications, requests for proposals |
30 | or other solicitations. |
|
1 | (2) The department or a proprietary public entity may, |
2 | in their discretion, elect to pay a stipend to unsuccessful |
3 | offerors who have submitted responsive proposals, bids and |
4 | other materials in response to a request for proposals or |
5 | other solicitation. Stipends may be made available solely to |
6 | defray the costs of proposal or response preparation. The |
7 | availability of a stipend and the conditions necessary to |
8 | qualify for payment shall be included in the request for |
9 | proposals or other solicitation. |
10 | (3) The department or a proprietary public entity may |
11 | charge and retain an administrative fee for the evaluation of |
12 | a public-private transportation partnership proposal as |
13 | recommended by the board. |
14 | (e) Modification and termination rights.-- |
15 | (1) The department or a proprietary public entity may |
16 | modify a solicitation request if it determines the |
17 | modification to be in the best interest of the Commonwealth |
18 | or proprietary public entity. |
19 | (2) A solicitation request may be canceled at any time |
20 | prior to the time a public-private transportation partnership |
21 | agreement is executed, if the department or the proprietary |
22 | public entity determines, on a case-by-case basis, that the |
23 | action is in the best interest of the Commonwealth or the |
24 | proprietary public entity. The reasons for cancellation shall |
25 | be made a part of the file. |
26 | (3) A submission and offer made in response to the |
27 | solicitation request may be rejected at any time prior to the |
28 | time a public-private transportation partnership agreement is |
29 | executed, if the department or the proprietary public entity |
30 | determines, on a case-by-case basis, that the action is in |
|
1 | the best interest of the Commonwealth or the proprietary |
2 | public entity. The reasons for rejection shall be made part |
3 | of the file. |
4 | (4) A decision to modify, cancel or reject any request |
5 | for solicitation shall be final and unreviewable. |
6 | (5) The issuance for a request for solicitation in no |
7 | way shall obligate the department or a proprietary public |
8 | entity to enter into a public-private transportation |
9 | partnership agreement or a contract of any kind with a party. |
10 | (f) Selection criteria, evaluation and award by the |
11 | department or a proprietary public entity.-- |
12 | (1) In evaluating proposals, the department or a |
13 | proprietary public entity shall obtain the best value for the |
14 | Commonwealth or the proprietary public entity and may accord |
15 | relative weight to factors such as cost, financial |
16 | commitment, innovative financing, technical, scientific, |
17 | technological or socioeconomic merit, financial strength and |
18 | viability and other factors as deemed appropriate. |
19 | (2) The department or a proprietary public entity may |
20 | conduct discussions with development entities to assure |
21 | understanding of and responsiveness to the requirements of a |
22 | request for qualifications. |
23 | (3) The department or a proprietary public entity shall |
24 | conduct a public and competitive process to award a public- |
25 | private transportation partnership agreement. |
26 | (4) The department or a proprietary public entity shall |
27 | accept for contract negotiation the responsive and |
28 | responsible development entity whose proposal is determined |
29 | in writing to be the most advantageous to the Commonwealth or |
30 | the proprietary public entity, taking into consideration |
|
1 | price and all evaluation factors. |
2 | (5) The department or a proprietary public entity may |
3 | require that any bid or proposal submitted to enter into a |
4 | public-private transportation partnership agreement be |
5 | accompanied by security in the form of cash, letters of |
6 | credit or other financial security acceptable to the |
7 | department or the proprietary public entity. |
8 | (6) The department or a proprietary public entity may |
9 | retain financial, technical, legal and other consultants and |
10 | experts to assist in the evaluation, negotiation and |
11 | development of eligible facilities under this chapter. |
12 | (g) Use of intellectual property.--Unless otherwise agreed |
13 | and except to the extent not transferable by law, the department |
14 | or a proprietary public entity shall have the right to use all |
15 | or a portion of a response to a solicitation, including the |
16 | technologies, techniques, methods, processes and information |
17 | contained in the response. Notice of nontransferability by law |
18 | shall be given to the department in response to the request for |
19 | qualifications. |
20 | (h) Records of solicitation requests.--Notwithstanding the |
21 | Right-to-Know Law, the following shall apply: |
22 | (1) Upon the selection of a development entity to be a |
23 | party to a public-private transportation partnership |
24 | agreement, the identity of the development entity selected, |
25 | the contents of the response of the development entity to the |
26 | request for qualifications, the final bid or proposal |
27 | submitted by the development entity and the form of the |
28 | public-private transportation agreement shall be made public. |
29 | Any financial information of a development entity that was |
30 | requested in a request for qualifications or a solicitation |
|
1 | to demonstrate the economic capability of a development |
2 | entity to fully perform the requirements of the public- |
3 | private transportation partnership agreement and which is |
4 | contained in a response to a request for qualifications shall |
5 | not be subject to public inspection. |
6 | (2) The department or a proprietary public entity may, |
7 | in its discretion, make public any information described |
8 | under paragraph (1) that would not otherwise be subject to |
9 | public inspection. |
10 | (3) If the department or a proprietary public entity |
11 | terminates a public-private transportation partnership |
12 | agreement for default, rejects a development entity or a |
13 | person on the grounds that the development entity is not |
14 | responsible or suspends or debars a development entity or a |
15 | person, the development entity or person shall, upon written |
16 | request, be provided with a copy of the information contained |
17 | in the file of the development entity or person maintained by |
18 | the department, the Office of the Budget and the Department |
19 | of General Services or a proprietary public entity under a |
20 | contractor responsibility program. |
21 | (4) A record, material or data received, prepared, used |
22 | or retained by the department or a proprietary public entity |
23 | or their employees, consultants or agents in connection with |
24 | the evaluation of requests for qualifications shall not |
25 | constitute a public record subject to public inspection under |
26 | the Right-to-Know Law if, in the reasonable judgment of the |
27 | department or the proprietary public entity, the inspection |
28 | would cause substantial competitive harm to the entity or |
29 | person from whom the information was received. |
30 | (i) Diversity.-- |
|
1 | (1) It is the intent and goal of the General Assembly |
2 | that the department and proprietary public entities promote |
3 | and ensure diversity in all aspects of development and |
4 | operation of a public-private transportation project |
5 | authorized under this chapter. The department and proprietary |
6 | public entities shall work to enhance the representation of |
7 | diverse groups in the development and operation by private |
8 | entities of any public-private transportation project through |
9 | the participation of business enterprises utilized by |
10 | development entities and through the provision of goods and |
11 | services utilized by development entities in the development |
12 | and operation of any public-private transportation project |
13 | authorized under this chapter. |
14 | (2) The department is authorized to investigate and |
15 | conduct periodic studies to ascertain whether effective and |
16 | meaningful action has been taken or will be taken to enhance |
17 | the representation of diverse groups in the development and |
18 | operation by development entities of any public-private |
19 | transportation project in this Commonwealth through the |
20 | participation of business enterprises utilized by development |
21 | entities in the development and operating of any public- |
22 | private transportation project under this chapter and through |
23 | the provision of goods and services utilized by development |
24 | entities in the development and operation of any public- |
25 | private transportation project and through employment |
26 | opportunities. |
27 | § 9107. Public-private transportation partnership agreement. |
28 | (a) Agreement provisions.--A public-private transportation |
29 | partnership agreement shall include the following provisions: |
30 | (1) A description of any planning, development, design, |
|
1 | leasing, acquisition or interest in, financing, installation, |
2 | construction, reconstruction, replacement, expansion, |
3 | operation, maintenance, improvement, equipping, modification, |
4 | expansion, enlargement, management, running, control and |
5 | operation of the transportation facility. |
6 | (2) The term of the public-private transportation |
7 | partnership agreement. |
8 | (3) The type of property interest or other relationship |
9 | the development entity will have in or with respect to the |
10 | project, including acquisition of rights-of-way and other |
11 | property interests that may be required. |
12 | (4) Authorization for the department and the proprietary |
13 | public entity, or their authorized representatives, to |
14 | inspect all assets and properties of the transportation |
15 | facility and all books and records of the development entity |
16 | relating to the eligible transportation facility to review |
17 | the development entity's performance under the public-private |
18 | transportation partnership agreement. |
19 | (5) Grounds for termination of the public-private |
20 | transportation partnership agreement by the parties. |
21 | (6) Procedures for amendment of the public-private |
22 | transportation partnership agreement. |
23 | (7) The rights and remedies available in the event of |
24 | breach, default or delay. |
25 | (8) Requirements for a private development entity to |
26 | provide performance and payment bonds, parent company |
27 | guarantees, letters of credit or other acceptable forms of |
28 | security in an amount acceptable to the proprietary public |
29 | entity. |
30 | (9) A requirement that the transportation facility |
|
1 | acquired or constructed is public property that is leased to |
2 | the development entity and belongs to the proprietary public |
3 | entity. |
4 | (10) Standards for construction, maintenance and |
5 | operation of the transportation facility if the activities |
6 | are to be performed by the development entity. |
7 | (11) Standards for capital improvement or modification |
8 | of the transportation facility if they are to be made by the |
9 | development entity. |
10 | (12) Standards relating to how payments, if any, are to |
11 | be made by the proprietary public entity to the development |
12 | entity, including availability payments, performance-based |
13 | payment and payments of money and revenue-sharing with the |
14 | development entity. |
15 | (13) Standards relating to how the parties will allocate |
16 | and share management of the risks of the project. |
17 | (14) Standards relating to how the parties will allocate |
18 | costs of development of the project, including any cost |
19 | overruns. |
20 | (15) Standards relating to damages to be assessed for |
21 | nonperformance, specifying remedies available to the parties |
22 | and dispute resolution procedures. |
23 | (16) Standards relating to performance criteria and |
24 | incentives. |
25 | (17) A requirement that upon termination of the public- |
26 | private transportation partnership agreement, the |
27 | transportation facility must be in a state of proper |
28 | maintenance and repair and shall be returned to the |
29 | proprietary public entity in satisfactory condition at no |
30 | further cost to the proprietary public entity. |
|
1 | (18) Provisions for law enforcement of the public |
2 | transportation facility. |
3 | (19) An obligation of the private entity to offer |
4 | employment to any employee of the department or proprietary |
5 | public entity who would lose employment due to the execution |
6 | of the public-private partnership agreement and who is in |
7 | good standing at the time of execution of the partnership |
8 | agreement, including salary, retirement, health and welfare, |
9 | and benefits which are substantially identical to the |
10 | benefits received by the employees immediately prior to |
11 | execution of the partnership agreement. |
12 | (20) Other terms and provisions as required under this |
13 | chapter. |
14 | (21) Other terms and conditions as may be agreed between |
15 | the private entity and the department or the proprietary |
16 | public entity. |
17 | (b) Term.--The department or a proprietary public entity may |
18 | enter into a public-private transportation partnership agreement |
19 | with any development entity that includes the provisions under |
20 | subsection (a) for a term not to exceed 99 years. |
21 | (c) Public partner.--Nothing in this chapter shall prohibit |
22 | the department from entering into a partnership agreement with |
23 | another Commonwealth agency for purposes of forming a |
24 | transportation partnership in accordance with this chapter. |
25 | (d) Propriety public entity.--Nothing in this chapter shall |
26 | prohibit any propriety public entity from entering into a |
27 | public-private transportation partnership agreement with one or |
28 | more public entities for purposes of forming a transportation |
29 | partnership in accordance with this chapter. |
30 | (e) Environmental costs.-- |
|
1 | (1) The department or any other proprietary public |
2 | entity may provide in a public-private transportation |
3 | partnership agreement that it will pay or reimburse, on terms |
4 | that it deems appropriate, the development entity for actual |
5 | costs associated with necessary remediation, including |
6 | investigation activities, for existing environmental |
7 | contaminants if any are on, under or emanating from the real |
8 | property associated with a transportation facility as of the |
9 | date the development entity assumes responsibility for the |
10 | transportation facility. If provision is made under this |
11 | paragraph, the public-private transportation partnership |
12 | agreement shall require that the proprietary public entity be |
13 | given: |
14 | (i) Prompt notice of any claim against the third |
15 | party pertaining to the contaminants. |
16 | (ii) The right to elect to undertake the necessary |
17 | remediation. |
18 | (iii) The right to participate in the defense of or |
19 | response to any claim. |
20 | (iv) The right of prior approval before the |
21 | development entity may settle any claim. |
22 | (2) No payment by the department or any other |
23 | proprietary public entity under this section may be for |
24 | anything other than, or extend beyond, actual losses, |
25 | liabilities, damages, penalties, charges, costs and expenses |
26 | incurred by a private entity to remediate the environmental |
27 | contamination on, under or emanating from the real property |
28 | associated with the transportation facility as of the date |
29 | the development entity assumes responsibility for the |
30 | transportation facility. |
|
1 | (f) User fees.--A provision establishing whether user fees |
2 | will be collected for use of the transportation facility and the |
3 | basis by which any user fees shall be determined in the public- |
4 | private transportation partnership agreement. If a user fee is |
5 | proposed as part of the public-private transportation |
6 | partnership project, the department or a proprietary public |
7 | entity shall include provisions in the agreement that authorize |
8 | the collection of user fees, tolls, fares or similar charges, |
9 | including provisions that: |
10 | (1) Specify technology to be used in the transportation |
11 | facility. |
12 | (2) Establish circumstances under which the department |
13 | or the proprietary public entity may receive a share of |
14 | revenues from the charges. |
15 | (3) Govern the enforcement of electronic tolls, |
16 | including provisions for use of available technology. |
17 | (4) Establish payment collection standards, including |
18 | provisions for enforcement of nonpayment and penalties. |
19 | (5) In the event an operator of a vehicle fails to pay |
20 | the prescribed toll or user fee at any location on a |
21 | transportation facility where tolls or user fees are |
22 | collected by means of an electronic or other automated or |
23 | remote form of collection, the collection provisions of |
24 | section 8117 (relating to electronic toll collection) shall |
25 | apply except that the private entity shall possess all of the |
26 | rights, roles, limitations and responsibilities of the |
27 | Pennsylvania Turnpike Commission. |
28 | (g) Amounts received under a public-private transportation |
29 | partnership agreement.--The net proceeds received by the |
30 | department or the proprietary public entity under a public- |
|
1 | private transportation partnership agreement shall be available |
2 | exclusively to provide funding for transportation needs in this |
3 | Commonwealth. The use of the proceeds or other revenues from the |
4 | transportation facility shall comply with Federal or State law |
5 | restricting or limiting the use of revenue from the |
6 | transportation facility based on its public funding. |
7 | § 9108. Police powers and violations of law. |
8 | (a) Enforcement of traffic laws.--To the extent the public- |
9 | private transportation facility is a highway, bridge, tunnel |
10 | overpass or similar transportation facility for motor vehicles, |
11 | the traffic and motor vehicle laws of this Commonwealth or, if |
12 | applicable, any local jurisdiction shall be the same as those |
13 | applying to conduct on similar transportation facilities in this |
14 | Commonwealth or the local jurisdiction. Punishment for offenses |
15 | shall be prescribed by law for conduct occurring on similar |
16 | transportation facilities in this Commonwealth or the local |
17 | jurisdiction. |
18 | (b) Arrest powers.--All officers authorized by law to make |
19 | arrests for violations of law in this Commonwealth shall have |
20 | the same powers, duties and jurisdiction within the limits of a |
21 | public-private transportation project as they have in their |
22 | respective areas of jurisdiction. The grant of authority under |
23 | this section shall not extend to the private offices, buildings, |
24 | garages and other improvements of a private entity to any |
25 | greater degree than the police power extends to any other |
26 | private offices, buildings, garages and other improvements. |
27 | § 9109. Environmental and other authorizations. |
28 | (a) No submission of plan under The Administrative Code of |
29 | 1929.--Notwithstanding any other provision of law, neither |
30 | soliciting nor approving a request for qualification, nor |
|
1 | executing a public-private transportation partnership agreement |
2 | under this chapter shall constitute the submission of a |
3 | preliminary plan or design to the department under section |
4 | 2002(b) of the act of April 9, 1929 (P.L.177, No.175), known as |
5 | The Administrative Code of 1929. |
6 | (b) Environmental authorizations.--A public-private |
7 | transportation partnership agreement may require that prior to |
8 | commencing any construction in connection with the development, |
9 | operation or financing of any eligible transportation facility |
10 | if the agreement requires environmental authorizations are |
11 | obtained, the development entity shall do any of the following: |
12 | (1) Secure all necessary environmental permits and |
13 | authorizations and, if specified under the act of May 19, |
14 | 1995 (P.L.4, No.2), known as the Land Recycling and |
15 | Environmental Remediation Standards Act, obtain the approval |
16 | of the Department of Environmental Protection. |
17 | (2) Complete environmental remediation of the site on |
18 | which the eligible transportation facility is or is to be |
19 | located, including acts required under any agreement entered |
20 | into with the Department of Environmental Protection for |
21 | remediation of the site under the Land Recycling and |
22 | Environmental Remediation Standards Act. |
23 | § 9110. Taxation of authorized development entity or entities. |
24 | (a) General rule.--To the extent that revenues or user fees |
25 | received by a development entity or entities pursuant to a |
26 | public-private transportation partnership agreement are subject |
27 | to a tax imposed by a political subdivision prior to the |
28 | effective date of this section, the revenues or user fees shall |
29 | continue to be subject to the tax and to future increases in the |
30 | rate of the tax. |
|
1 | (b) New taxation barred.--After the effective date of this |
2 | section, no new tax shall be imposed by a political subdivision |
3 | or the Commonwealth on the revenues or user fees received by a |
4 | development entity or entities pursuant to a public-private |
5 | transportation partnership agreement. |
6 | (c) Realty transfer tax.--No public-private transportation |
7 | partnership agreement, lease, concession, franchise or other |
8 | contract involving real property of a public-private |
9 | transportation project shall be subject to a Commonwealth or |
10 | local realty transfer tax imposed under the act of December 31, |
11 | 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, |
12 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
13 | Code of 1971, or a successor statute. |
14 | (d) Property.--Property used in connection with a public- |
15 | private transportation project shall be considered public |
16 | property and shall be exempt from ad valorem property taxes and |
17 | special assessments levied against property by the Commonwealth |
18 | or any political subdivision. |
19 | § 9111. Power of eminent domain. |
20 | The exercise of the power of eminent domain by any condemnor |
21 | to acquire property for transportation facility purposes under a |
22 | public-private transportation partnership agreement shall be |
23 | considered a taking for a public purpose and not for a private |
24 | purpose or for private enterprise. |
25 | § 9112. Sovereign immunity. |
26 | (a) General rule.--The General Assembly, under section 11 of |
27 | Article I of the Constitution of Pennsylvania, reaffirms |
28 | sovereign immunity and, except as otherwise provided under |
29 | subsection (b), no provision of this chapter shall constitute a |
30 | waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 |
|
1 | (relating to sovereign immunity reaffirmed; specific waiver) or |
2 | otherwise. |
3 | (b) Exemption.--The General Assembly, under section 11 of |
4 | Article I of the Constitution of Pennsylvania, waives sovereign |
5 | immunity as a bar to claims against the department and any other |
6 | department, commission, authority or agency of the Commonwealth |
7 | or any authority or political subdivision brought in accordance |
8 | with sections 9107(e) (relating to public-private transportation |
9 | partnership agreement) and 9113 (relating to amounts payable by |
10 | proprietary public entities and specific performance), but only |
11 | to the extent set forth under this chapter. |
12 | § 9113. Amounts payable by proprietary public entities and |
13 | specific performance. |
14 | (a) Authorization for payments.--The department or any other |
15 | proprietary public entity is authorized to agree to make |
16 | payments to a development entity pursuant to a public-private |
17 | transportation partnership agreement under any of the following: |
18 | (1) Upon a breach by the proprietary public entity of |
19 | its representations, covenants, warranties or other |
20 | obligations under the public-private transportation |
21 | partnership agreement. |
22 | (2) If the proprietary public entity takes adverse |
23 | actions against the development entity in violation of the |
24 | terms of the public-private transportation partnership |
25 | agreement. |
26 | (3) Upon the occurrence of force majeure or other events |
27 | that have a material adverse effect on the ability of the |
28 | development entity to perform its obligations under the |
29 | public-private transportation partnership agreement or to |
30 | obtain the benefits of the public-private transportation |
|
1 | partnership agreement. |
2 | (b) Reason for payments.--The payments made by a proprietary |
3 | public entity pursuant to a public-private transportation |
4 | partnership agreement may be for: |
5 | (1) Losses, liabilities, damages, penalties, costs and |
6 | expenses of the development entity. |
7 | (2) Amounts necessary to restore the development entity |
8 | to the same after-tax economic position it would have been in |
9 | had the event in question not occurred. |
10 | (3) Amounts necessary to pay the fair market value of |
11 | the interest, benefits and rights of the development entity |
12 | and the rights and obligations of the development entity |
13 | created and made under the public-private transportation |
14 | partnership agreement. |
15 | (c) Specific performance.--A proprietary public entity is |
16 | authorized to agree that specific performance shall be available |
17 | to a development entity as a remedy for a breach by the |
18 | proprietary public entity of its representations, covenants, |
19 | warranties or other obligations under the public-private |
20 | transportation partnership agreement to the extent set forth in |
21 | the public-private transportation partnership agreement. |
22 | § 9114. Design-build development and Separations Act. |
23 | Notwithstanding any other provision of law: |
24 | (1) Any public-private transportation partnership |
25 | project undertaken under this chapter may provide design- |
26 | build, design-build-operate, design-build-operate-maintain, |
27 | and operate-maintain procurements and other innovative or |
28 | nontraditional competitive procurement methods for |
29 | transportation-related infrastructure development. |
30 | (2) A development entity or entities shall be subject to |
|
1 | the requirements of the act of May 1, 1913 (P.L.155, No.104), |
2 | referred to as the Separations Act, in connection with the |
3 | development or operation of a public-private transportation |
4 | project authorized under this chapter. |
5 | § 9115. Additional procurement provisions. |
6 | To the extent applicable to the proprietary public entity, |
7 | the following provisions shall apply to a contract entered into |
8 | between the department or a proprietary public entity and an |
9 | authorized development entity related to the development, |
10 | operation or financing of a public-private transportation |
11 | project under this chapter: |
12 | (1) The act of August 15, 1961 (P.L.987, No.442), known |
13 | as the Pennsylvania Prevailing Wage Act. |
14 | (2) The act of July 23, 1968 (P.L.686, No.226), |
15 | entitled, "An act equalizing trade practices in public works |
16 | procurement; authorizing the purchase by the Commonwealth, |
17 | its political subdivisions, and all public agencies, of |
18 | aluminum and steel products produced in a foreign country, |
19 | provided the foreign country does not prohibit or |
20 | discriminate against the importation to, sale or use in the |
21 | foreign country of supplies, material or equipment |
22 | manufactured in this Commonwealth; establishing procedures |
23 | for determining whether foreign countries discriminate |
24 | against supplies, materials or equipment manufactured in this |
25 | Commonwealth; and imposing penalties and providing for relief |
26 | for violation of this act." |
27 | (3) The act of March 3, 1978 (P.L.6, No.3), known as the |
28 | Steel Products Procurement Act. |
29 | (4) 62 Pa.C.S. § 107 (relating to reciprocal |
30 | limitations). |
|
1 | (5) 62 Pa.C.S. § 531 (relating to debarment or |
2 | suspension). |
3 | (6) 62 Pa.C.S. § 541 (relating to approval of accounting |
4 | system). |
5 | (7) 62 Pa.C.S. § 551 (relating to right to inspect |
6 | plant). |
7 | (8) 62 Pa.C.S. § 552 (relating to right to audit |
8 | records). |
9 | (9) 62 Pa.C.S. § 563 (relating to retention of |
10 | procurement records). |
11 | § 9116. Adverse interest. |
12 | (a) Private entity adverse interests.--The following shall |
13 | apply: |
14 | (1) Except as provided under paragraph (2), a private |
15 | entity which submits a response to a request for solicitation |
16 | under section 9106(b) (relating to approval) or an |
17 | unsolicited proposal and which is also a State adviser or a |
18 | State consultant for the department or the Pennsylvania |
19 | Turnpike Commission shall not be deemed to be in violation of |
20 | the State Adverse Interest Act while engaging in any of the |
21 | following activities: |
22 | (i) Preparing or submitting a response to a request |
23 | for qualifications. |
24 | (ii) Participating in any activity with the |
25 | department related to a request for solicitation. |
26 | (iii) Negotiating and entering into any contract |
27 | lease or public-private transportation partnership |
28 | agreement which results from a request for solicitation. |
29 | (iv) Engaging in any other action taken in |
30 | furtherance of the purposes of this chapter. |
|
1 | (2) A private entity which submits a response to a |
2 | request for solicitation or acts as a consultant or an |
3 | adviser to a private entity which submits a response to a |
4 | request for solicitation to the department shall be |
5 | prohibited from consulting or providing advice to the |
6 | department on the review or approval of the response to the |
7 | request for solicitations as submitted. |
8 | (3) A private entity which submits a response to a |
9 | request for solicitation or acts as a consultant or an |
10 | adviser to a private entity which submits a response to a |
11 | request for solicitation to the board shall be prohibited |
12 | from consulting or providing advice to the department on the |
13 | review or approval of the response to the request for |
14 | solicitations so submitted. |
15 | (b) (Reserved). |
16 | (c) Definitions.--As used in this section, the following |
17 | words and phrases shall have the meanings given to them in this |
18 | subsection unless the context clearly indicates otherwise: |
19 | "State adviser." As the term "State advisor" is defined in |
20 | the State Adverse Interest Act. |
21 | "State consultant." As defined in the State Adverse Interest |
22 | Act. |
23 | § 9117. Application of chapter. |
24 | (a) Applicability.--This chapter shall apply to public- |
25 | private transportation partnership agreements between |
26 | proprietary public entities, other public entities and |
27 | development parties for public-private transportation projects |
28 | and shall satisfy any applicable procurement laws unless |
29 | otherwise or to the extent provided for under this chapter. |
30 | (b) Nonapplicability.--This chapter shall not apply to |
|
1 | agreements entered into exclusively under 62 Pa.C.S. Pt. I |
2 | (relating to Commonwealth Procurement Code) or any other |
3 | Commonwealth law relating to the expenditure or receipt of funds |
4 | by a public entity under contract for construction or services. |
5 | (c) Prohibition.--Nothing in this chapter shall prohibit a |
6 | proprietary public entity from entering into a public-private |
7 | transportation partnership agreement in the capacity of a |
8 | proprietary public entity pursuant to powers granted exclusively |
9 | under other Commonwealth statutes. |
10 | (d) Agreements.--If an agreement is entered into under this |
11 | chapter, the public-private transportation partnership agreement |
12 | shall be subject to the provisions of this chapter. |
13 | § 9118. Federal, Commonwealth, local and private assistance. |
14 | (a) Federal assistance.--The following shall apply: |
15 | (1) The department or a proprietary public entity may |
16 | accept from the United States, or any of its agencies, funds |
17 | that are available to the Commonwealth for carrying out this |
18 | chapter, whether the funds are made available by grant, loan, |
19 | loan guarantee or otherwise. |
20 | (2) The department or a proprietary public entity is |
21 | authorized to assent to any Federal requirements, conditions |
22 | or terms of any Federal funding accepted by the department |
23 | under this section. |
24 | (3) The department or a proprietary public entity may |
25 | enter into agreements or other arrangements with the United |
26 | States, or any of its agencies, as may be necessary for |
27 | carrying out the purposes of this chapter. |
28 | (b) Acceptance of grants and donations.--The department or a |
29 | proprietary public entity may accept from any source any grant, |
30 | donation, gift or other form of conveyance of land, money or |
|
1 | other real, personal or mixed property or other item of value |
2 | for carrying out the purpose of this chapter. |
3 | (c) Contributions.--Subject to acceptance and agreement |
4 | between the private entity and the department or a proprietary |
5 | public entity, any eligible transportation facility may be |
6 | financed, in whole or in part, by contribution of any funds or |
7 | property made by the department or a proprietary public entity, |
8 | a private entity, a proprietary public entity or an affected |
9 | jurisdiction. |
10 | (d) Combination of funds.--The department or proprietary |
11 | public entity may combine Federal, State, local and private |
12 | funds to finance an eligible transportation facility under this |
13 | chapter. |
14 | § 9119. Public-Private Transportation Account. |
15 | (a) Establishment.-- |
16 | (1) There is established within the Motor License Fund a |
17 | separate account to be known as the Public-Private |
18 | Transportation Account. |
19 | (2) Money in the account shall be used only for the |
20 | purposes enumerated under subsection (c). |
21 | (b) Deposits to account.--The following shall apply: |
22 | (1) The department shall deposit in the account the |
23 | following: |
24 | (i) All money received pursuant to the terms of a |
25 | public-private transportation partnership agreement. |
26 | (ii) Repayment of any loans from the account made |
27 | under this chapter. |
28 | (iii) Subject to the provisions of any public- |
29 | private transportation partnership agreement, monetary |
30 | damages and other amounts for failure by a development |
|
1 | entity to comply with the terms of the public-private |
2 | transportation partnership agreement. |
3 | (iv) Subject to the provisions of any public private |
4 | transportation partnership agreement, payments made from |
5 | any insurance proceeds or reserve funds or performance or |
6 | payment bonds in connection with a transportation |
7 | facility. |
8 | (v) Earnings from the investment of the money in the |
9 | account. |
10 | (2) The Secretary of the Budget shall establish any |
11 | restricted accounts within the account as the secretary deems |
12 | necessary for the proper administration of the account. |
13 | (c) Appropriation.--The funds in the account are hereby |
14 | continuously appropriated to the department for the following |
15 | purposes: |
16 | (1) Paying the amounts as the department may be required |
17 | to repay the Federal Highway Administration. |
18 | (2) Paying all amounts designated by the department as |
19 | required for repayment or defeasance of outstanding bonds. |
20 | (3) Paying costs of maintenance, operating and financing |
21 | of transportation facilities in this Commonwealth which are |
22 | available for use by the public, including the costs of |
23 | insurance or reserves against risks of contingencies. |
24 | (4) Paying expenses incurred under or in connection with |
25 | any public-private transportation partnership agreement by |
26 | the department, including professional fees and expenses. |
27 | (5) Paying the costs of the department relating to |
28 | performing and administering duties under this chapter. |
29 | (6) Paying all expenses approved by the board for its |
30 | costs incurred to perform its duties, including paying |
|
1 | professional fees and expenses. |
2 | (7) Paying costs of any purpose authorized under this |
3 | chapter. |
4 | (d) Amounts received under a public-private transportation |
5 | partnership agreement.--The net proceeds received under a |
6 | public-private transportation partnership agreement shall be |
7 | available exclusively to provide funding for transportation |
8 | needs in this Commonwealth. The use of the proceeds or other |
9 | revenues from the transportation facility shall be in accord |
10 | with Federal or State law restricting or limiting the use of |
11 | revenue from the transportation facility based on its public |
12 | funding. |
13 | § 9120. Public-Private Transportation Partnership Board. |
14 | (a) Establishment.--There is established a Public-Private |
15 | Transportation Partnership Board. |
16 | (b) Composition.--The board shall be composed of the |
17 | following members: |
18 | (1) The Secretary of Transportation, who shall be the |
19 | chairperson of the board as an ex officio member. |
20 | (2) The Secretary of the Budget, or a designee as an ex |
21 | officio member. |
22 | (3) The Deputy Secretary of Planning of the department, |
23 | or a designee as an ex officio member. |
24 | (4) Four members appointed by the General Assembly under |
25 | subsection (c). |
26 | (5) One member appointed by the Governor under |
27 | subsection (d). |
28 | (c) Legislative appointments.-- |
29 | (1) Appointments by members of the General Assembly |
30 | shall be made as follows: |
|
1 | (i) One individual appointed by the President pro |
2 | tempore of the Senate. |
3 | (ii) One individual appointed by the Minority Leader |
4 | of the Senate. |
5 | (iii) One individual appointed by the Speaker of the |
6 | House of Representatives. |
7 | (iv) One individual appointed by the Minority Leader |
8 | of the House of Representatives. |
9 | (2) Legislative appointees shall serve at the pleasure |
10 | of the appointing authority. |
11 | (3) Legislative appointees shall: |
12 | (i) Be reputable citizens of this Commonwealth, of |
13 | mature judgment and broad experience. |
14 | (ii) Not be a member of the General Assembly or |
15 | staff of a member of the General Assembly. |
16 | (iii) Have professional background expertise or |
17 | substantial experience in one or more of the following |
18 | areas: |
19 | (A) Transportation. |
20 | (B) Finance. |
21 | (C) Law. |
22 | (D) Land use and public planning. |
23 | (d) Gubernatorial appointment.--Appointments under |
24 | subsection (b)(5) shall be made by the Governor. The member |
25 | shall: |
26 | (1) Be a reputable citizen of this Commonwealth, of |
27 | mature judgment and broad business experience. |
28 | (2) Not hold any other position as an employee of the |
29 | Commonwealth. |
30 | (3) Have professional background expertise or |
|
1 | substantial experience in one or more of the following areas: |
2 | (i) Transportation. |
3 | (ii) Finance. |
4 | (iii) Law. |
5 | (iv) Land use and public planning. |
6 | (4) Serve at the pleasure of the Governor. |
7 | (e) Quorum.--Five members of the board shall constitute a |
8 | quorum. |
9 | (f) Compensation.--The members of the board shall be |
10 | entitled to no compensation for their services as members of the |
11 | board but shall be entitled to reimbursement by the department |
12 | for all necessary and reasonable expenses incurred in connection |
13 | with the performance of their duties as members of the board. |
14 | (g) Initial appointment and vacancy.--Appointing authorities |
15 | shall appoint initial board members within 30 days of the |
16 | effective date of this section. Whenever a vacancy occurs on the |
17 | board, the appointing authority shall appoint a successor member |
18 | within 30 days of the vacancy. |
19 | (h) Financial interests.--No member of the board, during his |
20 | term of office shall directly or indirectly own, have any |
21 | significant financial interest in, be associated with or receive |
22 | any fee, commission, compensation or anything of value from any |
23 | public entity or private entity seeking to engage in a |
24 | transportation development agreement. |
25 | (i) Applicability.--The following acts shall apply to the |
26 | board: |
27 | (1) The Right-to-Know Law. |
28 | (2) The State Adverse Interest Act. |
29 | (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to |
30 | open meetings) and 11 (relating to ethics standards and |
|
1 | financial disclosure). |
2 | § 9121. Duties and powers of board. |
3 | (a) Duties.--The board shall do all of the following: |
4 | (1) Meet as often as necessary but at least annually. |
5 | (2) Adopt guidelines establishing the procedure by which |
6 | a public entity or private entity may submit a request for |
7 | evaluation of a solicited or unsolicited proposal to the |
8 | board, including guidelines necessary for initial project |
9 | approval and final project approval. |
10 | (3) Consult with persons affected by proposed public- |
11 | private transportation partnership projects. |
12 | (4) Evaluate and approve or deny requests by the |
13 | department and proprietary public entities to undertake |
14 | transportation partnership projects and make recommendations |
15 | to the department and proprietary public entities in the form |
16 | of a resolution. |
17 | (5) Take all action by resolution. The affirmative vote |
18 | of the majority of the members shall be necessary for the |
19 | adoption of a resolution. |
20 | (6) Submit an annual report to the General Assembly |
21 | detailing all transportation partnership projects evaluated |
22 | and resolutions adopted. |
23 | (b) Powers.--The board may do all of the following: |
24 | (1) In evaluating proposals, accord relative weight to |
25 | factors such as cost, financial commitment, innovative |
26 | financing, technical, scientific, technological or |
27 | socioeconomic merit and other factors as the board deems |
28 | appropriate to obtain the best value for the Commonwealth. |
29 | (2) Conduct discussions with private entities to assure |
30 | understanding of and responsiveness to a request for |
|
1 | evaluation. |
2 | (3) Seek technical assistance necessary to assist the |
3 | board in carrying out its duties and powers, at the expense |
4 | of the department. |
5 | (c) Actions.--Actions by the board are a determination of |
6 | public policy and public interest and shall not be considered |
7 | adjudications under 2 Pa.C.S. Chs. 5 Subch. A (relating to |
8 | practice and procedure of Commonwealth agencies) and 7 Subch. A |
9 | (relating to judicial review of Commonwealth agency action) and |
10 | shall not be appealable to the department or a court of law. |
11 | § 9122. Role of department in operation of board. |
12 | (a) Technical assistance.--The department shall supply all |
13 | necessary assistance to assist the board in carrying out its |
14 | duties and responsibilities, including retention of legal, |
15 | financial and technical consultants to assist with this role. |
16 | (b) Analysis.--Upon initial board approval of a public- |
17 | private transportation project, the department shall develop a |
18 | detailed analysis of the proposal prior to the final approval by |
19 | the board. |
20 | (c) Oversight.--Upon final approval by the board of a |
21 | transportation partnership project, the department shall retain |
22 | oversight and monitor the project, including periodic reports to |
23 | the board, as necessary. |
24 | Section 2. Sections 1553(c), 1617(1), (2) and (4) of Title |
25 | 75 are amended to read: |
26 | § 1553. Occupational limited license. |
27 | * * * |
28 | (c) Fee.--The fee for applying for an occupational limited |
29 | license shall be [$50] $60. This fee shall be nonrefundable and |
30 | no other fee shall be required. |
|
1 | * * * |
2 | § 1617. Fees. |
3 | Fees relating to commercial drivers' licenses to be collected |
4 | by the department under this chapter shall be in addition to any |
5 | other fees imposed under the provisions of this title and are as |
6 | follows: |
7 | (1) The annual fee for a commercial driver's license |
8 | designation shall be [$10] $17. |
9 | (2) In addition to any other restoration fee required by |
10 | this title, an additional restoration fee of [$50] $84 shall |
11 | be assessed and collected before reinstating a commercial |
12 | driver's operating privilege following a suspension or |
13 | revocation under this title or disqualification under this |
14 | chapter. |
15 | * * * |
16 | (4) An additional fee of [$10] $17 shall be imposed for |
17 | the initial issuance or renewal of a commercial driver's |
18 | license with an "H" or "X" endorsement, in addition to the |
19 | cost of a criminal history background check as required by |
20 | the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat. |
21 | 272). |
22 | Section 2.1. Title 75 is amended by adding a section to |
23 | read: |
24 | § 1906. Annual adjustment to fees. |
25 | (a) Increase.--For calender year 2012 and each calendar year |
26 | thereafter, the department shall increase the fees under the |
27 | following provisions by the rate of inflation calculated using |
28 | the Consumer Price Index for the most recent available data over |
29 | a 12-month period or 1.5%, whichever is the lesser, multiplied |
30 | by the difference between the fee amount on October 1 of the |
|
1 | previous calendar year and October 1, 2010: |
2 | Section 1553(c) (relating to occupational limited |
3 | license). |
4 | Section 1617(1), (2) and (4) (relating to fees). |
5 | Section 1912 (relating to passenger cars). |
6 | Section 1913 (relating to motor homes). |
7 | Section 1914 (relating to motorcycles). |
8 | Section 1915 (relating to motor-driven cycles). |
9 | Section 1916(a)(1) (relating to trucks and truck |
10 | tractors). |
11 | Section 1917 (relating to motor buses and limousines). |
12 | Section 1918 (relating to school buses and school |
13 | vehicles). |
14 | Section 1920(a) and (c) (relating to trailers). |
15 | Section 1921 (relating to special mobile equipment). |
16 | Section 1922 (relating to implements of husbandry). |
17 | Section 1923 (relating to antique, classic and |
18 | collectible vehicles). |
19 | Section 1924 (relating to farm vehicles). |
20 | Section 1925 (relating to ambulances, taxis and hearses). |
21 | Section 1926(a), (b) and (c) (relating to dealers and |
22 | miscellaneous motor vehicle business). |
23 | Section 1926.1 (relating to farm equipment vehicle |
24 | dealers). |
25 | Section 1927 (relating to transfer of registration). |
26 | Section 1928 (relating to temporary and electronically |
27 | issued registration plates). |
28 | Section 1929 (relating to replacement registration |
29 | plates). |
30 | Section 1930 (relating to legislative registration |
|
1 | plates). |
2 | Section 1931 (relating to personal registration plates). |
3 | Section 1931.1 (relating to street rod registration |
4 | plates). |
5 | Section 1932 (relating to duplicate registration cards). |
6 | Section 1933 (relating to commercial implements of |
7 | husbandry). |
8 | Section 1951(a), (b) and (d) (relating to driver's |
9 | license and learner's permit) insofar as subsection (d) |
10 | relates to replacement for a driver's license. |
11 | Section 1957 (relating to uncollectible checks). |
12 | Section 1959 (relating to messenger service). |
13 | Section 1960 (relating to reinstatement of operating |
14 | privilege or vehicle registration). |
15 | (b) Publication.--The department shall publish notice of the |
16 | new fee under subsection (a) at least 90 days prior to the |
17 | beginning of each calendar year. |
18 | Section 2.2. Sections 1912, 1913, 1914, 1915, 1916(a)(1), |
19 | 1917, 1918, 1920(a) and (c), 1921, 1922, 1923, 1924, 1925, |
20 | 1926(a), (b) and (c), 1926.1, 1927, 1928, 1929, 1930, 1931, |
21 | 1931.1, 1932, 1933, 1951, 1957, 1959 and 1960 of Title 75 are |
22 | amended to read: |
23 | § 1912. Passenger cars. |
24 | The annual fee for registration of a passenger car shall be |
25 | [$36] $49. |
26 | § 1913. Motor homes. |
27 | The annual fee for registration of a motor home shall be |
28 | determined by its registered gross weight in pounds according to |
29 | the following table: |
30 | Registered Gross |
| 1 | Class | Weight in Pounds | Fee | 2 | 1 | 8,000 or less | [$45] $ 61 | 3 | 2 | 8,001 - 11,000 | [63] 86 | 4 | 3 | 11,001 or more | [81] 110 |
|
5 | § 1914. Motorcycles. |
6 | The annual fee for registration of a motorcycle other than a |
7 | motor-driven cycle shall be [$18] $25. |
8 | § 1915. Motor-driven cycles. |
9 | The annual fee for registration of a motor-driven cycle shall |
10 | be [$9] $13. |
11 | § 1916. Trucks and truck tractors. |
12 | (a) General rule.-- |
13 | (1) The annual fee for registration of a truck or truck |
14 | tractor shall be determined by its registered gross weight or |
15 | combination weight in pounds according to the following |
16 | table: |
17 18 19 | Class | Registered Gross or Combination Weight in Pounds | Fee | 20 | 1 | 5,000 or less | [$ 58.50] $ 80.00 | 21 | 2 | 5,001 - 7,000 | [81.00] 110.00 | 22 | 3 | 7,001 - 9,000 | [153.00] 208.00 | 23 | 4A | 9,001 - 10,000 | [198.00] 269.00 | 24 | 4B | 10,001 - 11,000 | [198.00] 269.00 | 25 | 5 | 11,001 - 14,000 | [243.00] 330.00 | 26 | 6 | 14,001 - 17,000 | [288.00] 390.00 | 27 | 7 | 17,001 - 21,000 | [355.50] 482.00 | 28 | 8 | 21,001 - 26,000 | [405.00] 549.00 | 29 | 9 | 26,001 - 30,000 | [472.50] 640.00 | 30 | 10 | 30,001 - 33,000 | [567.00] 768.00 | | 1 | 11 | 33,001 - 36,000 | [621.00] 841.00 | 2 | 12 | 36,001 - 40,000 | [657.00] 890.00 | 3 | 13 | 40,001 - 44,000 | [697.50] 945.00 | 4 | 14 | 44,001 - 48,000 | [751.50] 1,018.00 | 5 | 15 | 48,001 - 52,000 | [828.00] 1,122.00 | 6 | 16 | 52,001 - 56,000 | [882.00] 1,195.00 | 7 | 17 | 56,001 - 60,000 | [999.00] 1,353.00 | 8 | 18 | 60,001 - 64,000 | [1,111.50] 1,506.00 | 9 | 19 | 64,001 - 68,000 | [1,165.50] 1,579.00 | 10 | 20 | 68,001 - 73,280 | [1,251.00] 1,694.00 | 11 | 21 | 73,281 - 76,000 | [1,597.50] 2,164.00 | 12 | 22 | 76,001 - 78,000 | [1,633.50] 2,212.00 | 13 | 23 | 78,001 - 78,500 | [1,651.50] 2,237.00 | 14 | 24 | 78,501 - 79,000 | [1,669.50] 2,261.00 | 15 | 25 | 79,001 - 80,000 | [1,687.50] 2,286.00 |
|
16 | * * * |
17 | § 1917. Motor buses and limousines. |
18 | The annual fee for registration of a motor bus or a limousine |
19 | shall be determined by its seating capacity according to the |
20 | following table: |
21 | Seating Capacity | Fee | 22 | 26 or less | [$ 9] $13 per seat | 23 24 25 | 27 - 51 | [234] 338 plus [$11.25] $16 per seat in excess of 26 | 26 | 52 or more | [540] 732 |
|
27 | § 1918. School buses and school vehicles. |
28 | The annual fee for registration of a school bus or school |
29 | vehicle shall be [$24] $33. |
30 | § 1920. Trailers. |
|
1 | (a) General rule.--The annual fee for registration of a |
2 | trailer shall be determined by its registered gross weight |
3 | according to the following table: |
4 | Registered Gross |
5 | Weight in Pounds | Fee | 6 | 3,000 or less | [$ 6] $16 | 7 | 3,001 - 10,000 | [12] 32 | 8 | 10,001 or more | [27] 71 |
|
9 | * * * |
10 | (c) Optional permanent registration.--A trailer with a |
11 | registered gross weight of 10,001 or more pounds may be |
12 | registered for a one-time fee of [$135] $350 in lieu of the |
13 | annual fee at the option of the registrant. |
14 | § 1921. Special mobile equipment. |
15 | The annual fee for registration of special mobile equipment |
16 | shall be [$36] $49. |
17 | § 1922. Implements of husbandry. |
18 | The annual fee for registration of an implement of husbandry |
19 | not exempt from registration under this title shall be [$18] |
20 | $25. |
21 | § 1923. Antique, classic and collectible vehicles. |
22 | The fee for registration of an antique, classic or |
23 | collectible motor vehicle shall be [$75] $102. |
24 | § 1924. Farm vehicles. |
25 | (a) General rule.--The annual fee for registration of a farm |
26 | vehicle shall be [$76.50] $104 or one-third of the regular fee, |
27 | whichever is greater. |
28 | (b) Certificate of exemption.--The biennial processing fee |
29 | for a certificate of exemption issued in lieu of registration of |
30 | a farm vehicle shall be determined by the type of certificate |
|
1 | issued and the gross weight or combination weight or weight |
2 | rating according to the following table: |
3 | Certificate type | Weight in pounds | Fee | 4 | Type I | 17,000 or less | [$24] $33 | 5 | Type II | greater than 17,000 | [50] 68 | 6 | Type I | greater than 17,000 | [100] 136 |
|
7 | § 1925. Ambulances, taxis and hearses. |
8 | The annual fee for registration of an ambulance, taxi or |
9 | hearse shall be [$54] $74. |
10 | § 1926. Dealers and miscellaneous motor vehicle business. |
11 | (a) General rule.--The annual fee for a dealer registration |
12 | plate or miscellaneous motor vehicle business plate shall be |
13 | [$36] $49. |
14 | (b) Motorcycle dealers.--The annual fee for each dealer |
15 | registration plate issued to a motorcycle dealer other than a |
16 | motor-driven cycle dealer shall be [$18] $25. |
17 | (c) Motor-driven cycle dealers.--The annual fee for each |
18 | dealer registration plate issued to a motor-driven cycle dealer |
19 | shall be [$9] $13. |
20 | * * * |
21 | § 1926.1. Farm equipment vehicle dealers. |
22 | The annual fee for registration of a farm equipment dealer |
23 | truck or truck tractor shall be one-half of the regular fee or |
24 | [$243] $330, whichever is greater. |
25 | § 1927. Transfer of registration. |
26 | The fee for transfer of registration shall be [$6] $9. |
27 | § 1928. Temporary and electronically issued registration |
28 | plates. |
29 | The fee payable by a dealer or other dispensing agent for a |
30 | temporary registration plate or for a registration plate to be |
|
1 | issued for new registration processed electronically with the |
2 | department shall be [$5] $14. The charge of the agent for |
3 | providing an applicant with a plate under this section shall not |
4 | exceed a total of [$10] $28. |
5 | § 1929. Replacement registration plates. |
6 | The fee for a replacement registration plate other than a |
7 | legislative or personal plate shall be [$7.50] $11. |
8 | § 1930. Legislative registration plates. |
9 | The fee for issuance of a legislative registration plate |
10 | shall be [$20] $51 which shall be in addition to the annual |
11 | registration fee. Only one payment of the issuance fee shall be |
12 | charged for each legislative registration plate issued or |
13 | replaced. |
14 | § 1931. Personal registration plates. |
15 | The fee for issuance of a personal registration plate shall |
16 | be [$20] $51 which shall be in addition to the annual |
17 | registration fee. Only one payment of the issuance fee shall be |
18 | charged for each personal registration issued or replaced. |
19 | § 1931.1. Street rod registration plates. |
20 | The fee for the issuance of a street rod registration plate |
21 | shall be [$20] $51 which shall be in addition to the annual |
22 | registration fee. Only one payment of the issuance fee shall be |
23 | charged for each street rod registration plate issued or |
24 | replaced. |
25 | § 1932. Duplicate registration cards. |
26 | The fee for each duplicate registration card when ordered at |
27 | the time of vehicle registration, the transfer or renewal of |
28 | registration or the replacement of a registration plate shall be |
29 | [$1.50] $3. The fee for each duplicate registration card issued |
30 | at any other time shall be [$4.50] $7. |
|
1 | § 1933. Commercial implements of husbandry. |
2 | The annual fee for registration of a commercial implement of |
3 | husbandry shall be [$76.50] $104 or one-half of the regular fee, |
4 | whichever is greater. |
5 | § 1951. Driver's license and learner's permit. |
6 | (a) Driver's license.--The driver's license fee for each |
7 | year or partial year shall be [$5.25] $6.25 plus the cost of the |
8 | photograph required in section 1510(a) (relating to issuance and |
9 | content of driver's license). |
10 | (b) Learner's permit.--The fee for a learner's permit shall |
11 | be [$5] $18. |
12 | (c) Identification card.--The fee for an identification card |
13 | shall be $5 plus the cost of the photograph. |
14 | (d) Replacement license or card.--The fee for a replacement |
15 | [driver's license or identification card shall be $5 plus the |
16 | cost of the photograph.] license or card shall be the cost of |
17 | the photograph plus the following: |
18 | (1) For a driver's license, $7. |
19 | (2) For an identification card, $5. |
20 | § 1957. Uncollectible checks. |
21 | Whenever any check issued in payment of any fee or for any |
22 | other purpose is returned to the department as uncollectible, |
23 | the department or municipality shall charge a fee of [$10] $36 |
24 | for each driver's license, registration, replacement of tags, |
25 | transfer of registration, certificate of title, whether original |
26 | or duplicate, special hauling permit and each other unit of |
27 | issue by the department or municipality, plus all protest fees, |
28 | to the person presenting the check, to cover the cost of |
29 | collection. |
30 | § 1959. Messenger service. |
|
1 | (a) Annual registration.--The annual fee for registration of |
2 | a messenger service as provided for in Chapter 75 (relating to |
3 | messenger service) shall be [$50] $180. |
4 | (b) Additional places of business.--The annual fee for |
5 | registration of additional place of business or branch office |
6 | from which a messenger service may transact business shall be |
7 | [$25] $90. |
8 | (c) Transfer of location.--The fee for the transfer of |
9 | location of a registered place of business or branch office of a |
10 | messenger service during a period of registration shall be [$5] |
11 | $18. |
12 | § 1960. Reinstatement of operating privilege or vehicle |
13 | registration. |
14 | The department shall charge a fee of [$25] $36 or, if section |
15 | 1379 (relating to suspension of registration upon sixth unpaid |
16 | parking violation in cities of the first class) or 1786(d) |
17 | (relating to required financial responsibility) applies, a fee |
18 | of [$50] $72 to restore a person's operating privilege or the |
19 | registration of a vehicle following a suspension or revocation. |
20 | Section 3. Section 9502(a) of Title 75 is amended by adding |
21 | a paragraph to read: |
22 | § 9502. Imposition of tax. |
23 | (a) General rule.-- |
24 | * * * |
25 | (5) The following apply: |
26 | (i) For fiscal year 2010-2011, an additional 52 |
27 | mills is hereby imposed upon all fuels as defined and |
28 | provided in Chapter 90, and such tax shall also be |
29 | collected as provided in section 9004(b). |
30 | (ii) The Department of Revenue shall determine and |
|
1 | publish in the Pennsylvania Bulletin the average |
2 | wholesale price to be applied to fiscal year 2010-2011 or |
3 | portion of the fiscal year thereof. |
4 | (iii) The amount of the tax imposed under this |
5 | paragraph shall increase annually by the rate of |
6 | inflation calculated using the Consumer Price Index for |
7 | the most recent available data over a 12-month period or |
8 | by 1.5%, whichever is less, rounded up to the nearest |
9 | tenth of a mill, as determined by the Department of |
10 | Revenue, by July 1 of each year. The Department of |
11 | Revenue shall publish a notice in the Pennsylvania |
12 | Bulletin at least five weeks prior to July 1 of each year |
13 | giving notice of the revised tax. |
14 | (iv) The proceeds of the tax imposed under this |
15 | paragraph shall be appropriated to the department to be |
16 | allocated as follows: |
17 | (A) Eighty-seven percent to be used for State |
18 | roads and bridges. |
19 | (B) Eleven percent for municipal roads and |
20 | bridges distributed to municipalities pursuant to the |
21 | act of June 1, 1956 (1955 P.L.1944, No.655), referred |
22 | to as the Liquid Fuels Tax Municipal Allocation Law. |
23 | (C) Two percent for county roads and bridges |
24 | distributed to counties as follows: |
25 | (I) The distribution shall be in the ratio |
26 | of: |
27 | (a) the square footage of deck area of a |
28 | county's county-owned bridges; to |
29 | (b) the total square footage of deck area |
30 | of county-owned bridges throughout this |
|
1 | Commonwealth. |
2 | (II) The amount of square footage under |
3 | subclause (I) shall be that reported as part of |
4 | the National Bridge Inspection Standards Program. |
5 | * * * |
6 | Section 4. Repeals are as follows: |
7 | (1) The General Assembly declares that the repeal under |
8 | paragraph (2) is necessary to effectuate the addition of 74 |
9 | Pa.C.S. Ch. 91. |
10 | (2) Section 3 of the act of May 29, 1945 (P.L.1108, |
11 | No.402), referred to as the Limited Access Highway Law, is |
12 | repealed insofar as it is inconsistent with the addition of |
13 | 74 Pa.C.S. Ch. 91. |
14 | Section 5. The addition of 72 Pa.C.S. Ch. 22 shall apply to |
15 | taxable years beginning after December 31, 2010. |
16 | Section 6. This act shall take effect as follows: |
17 | (1) The amendment or addition of 74 Pa.C.S. § 1521 and |
18 | 75 Pa.C.S. §§ 1553(c), 1617(1), (2) and (4), 1912, 1913, |
19 | 1914, 1915, 1916(a)(1), 1917, 1918, 1920(a) and (c), 1921, |
20 | 1922, 1923, 1924, 1925, 1926(a), (b) and (c), 1926.1, 1927, |
21 | 1928, 1929, 1930, 1931, 1931.1, 1932, 1933, 1951, 1957, 1959 |
22 | and 1960 shall take effect in 180 days. |
23 | (2) The addition of 75 Pa.C.S. § 9502(a)(5)(iii) shall |
24 | take effect 30 days after publication of the notice under 75 |
25 | Pa.C.S. § 9502(a)(5)(ii). |
26 | (3) The addition of 74 Pa.C.S §§ 9101, 9102, 9103, 9105, |
27 | 9106, 9107, 9108, 9109, 9110, 9111, 9112, 9113, 9114, 9115, |
28 | 9116, 9117, 9118, 9119, 9121 and 9122 shall take effect in 60 |
29 | days. |
30 | (4) The remainder of this act shall take effect |
|
1 | immediately. |
|