PRINTER'S NO. 2941
No. 2137 Session of 2005
INTRODUCED BY J. EVANS, GEIST, GOOD, ARMSTRONG, BALDWIN, GERBER, HARPER, MAHER, McGILL, SCAVELLO, SOLOBAY, STAIRS, WATSON, BEBKO-JONES, BOYD, CALTAGIRONE, CAPPELLI, DENLINGER, FABRIZIO, HENNESSEY, HERSHEY, McILHATTAN, MUSTIO, PERZEL, PHILLIPS, REICHLEY, ROSS, SEMMEL AND E. Z. TAYLOR, OCTOBER 25, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 25, 2005
AN ACT 1 Amending the act of September 30, 1985 (P.L.240, No.61), 2 entitled "An act to facilitate vehicular traffic within and 3 across the Commonwealth by providing for the construction, 4 reconstruction, improvement, operation and maintenance of 5 toll roads and the conversion of existing toll-free roads to 6 toll roads in Pennsylvania; conferring powers and imposing 7 duties on the Pennsylvania Turnpike Commission; providing for 8 membership on the Pennsylvania Turnpike Commission; 9 authorizing issuance of turnpike revenue bonds, notes or 10 other obligations of the commission, payable solely from 11 revenues of the commission, including tolls, or from such 12 other funds as may be available to the commission for that 13 purpose, to pay the costs of such toll roads including the 14 acquisition and other costs of toll-free roads and for 15 refunding purposes; providing that no debt of the 16 Commonwealth shall be incurred in the exercise of any of the 17 powers granted by this act; providing for the collection of 18 tolls for the payment of such bonds, notes or other 19 obligations, and for the cost of maintenance, operation and 20 repair of the toll roads including toll-free roads converted 21 to toll roads; making such turnpike revenue bonds, notes or 22 other obligations exempt from taxation; constituting the same 23 legal investments in certain instances; requiring suits 24 against the commission to be brought in the courts in which 25 such actions may be brought against the Commonwealth; 26 prescribing conditions on which toll roads shall be turned 27 over to the Department of Transportation; providing for grade 28 separations, grade changes, relocations, restorations and 29 vacations of public roads and State highways affected by the 30 toll roads; providing for the purchasing or condemnation of
1 land and procedure for determining damages in condemnation; 2 granting certain powers and authority to municipalities and 3 agencies of the Commonwealth to cooperate with the 4 commission; conferring powers and imposing duties on the 5 Department of Transportation; authorizing the Secretary of 6 Transportation to enter into negotiations with the United 7 States Department of Transportation, the Federal Highway 8 Administration or any other Federal agency regarding the 9 conversion of toll-free highways constructed in the 10 Commonwealth using Federal funds to toll roads; and 11 authorizing the Secretary of Transportation to enter into 12 agreements on behalf of the Commonwealth and the commission 13 with the United States Department of Transportation, the 14 Federal Highway Administration or any other Federal agency 15 with respect to obtaining Federal funds for resurfacing, 16 restoring, rehabilitating or reconstructing toll roads in 17 Pennsylvania," further providing for collection and 18 disposition of tolls. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 16 of the act of September 30, 1985 22 (P.L.240, No.61), known as the Turnpike Organization, Extension 23 and Toll Road Conversion Act, is amended to read: 24 Section 16. Collection and disposition of tolls and other 25 revenue. 26 (a) Establishment and changes in toll amounts.--Subject to 27 the terms of any trust indenture entered into by the commission 28 and any resolution authorizing the issuance of any bonds, notes 29 or other obligations of the commission, the commission is hereby 30 authorized to fix, and to revise, from time to time, tolls for 31 the use of the Pennsylvania Turnpike System and the different 32 parts or sections thereof, including the turnpike, the turnpike 33 extensions and improvements and the toll road conversions 34 authorized by this act, and to charge and collect the same, and 35 to contract with any person, partnership, association or 36 corporation desiring the use of any part thereof, including the 37 right-of-way adjoining the paved portion, for placing thereon 38 telephone, telegraph, electric light or power lines, gas 20050H2137B2941 - 2 -
1 stations, garages, stores, hotels, restaurants and advertising 2 signs, or for any other purpose, except for tracks for railroad 3 or railway use, and to fix the terms, conditions, rents and 4 rates of charges for such use. Tolls shall be so fixed and 5 adjusted as to provide funds at least sufficient with other 6 revenues of the Pennsylvania Turnpike System, if any, to pay: 7 (1) the cost of constructing, maintaining, repairing and 8 operating the Pennsylvania Turnpike System and the different 9 parts and sections thereof; and 10 (2) any bonds, notes or other obligations and the 11 interest thereon of the commission, and all sinking fund 12 requirements of the commission, and other requirements 13 provided for by any resolution authorizing the issuance of 14 the bonds, notes or other obligations by the commission, or 15 by any trust indenture to which the commission is a party, as 16 the same shall become due. 17 (b) Restrictions on toll revenue.--Tolls shall not be 18 subject to supervision or regulation by any other State 19 commission, board, bureau or agency. Subject to the terms of any 20 presently existing trust indenture entered into by the 21 commission and any presently existing resolution authorizing the 22 issuance of any bonds, notes or other obligations of the 23 commission, the tolls and all other revenue derived from the 24 Pennsylvania Turnpike System shall be set aside and pledged as 25 may be provided in any resolutions, trust indentures or any 26 other agreements that the commission may hereafter adopt or 27 hereafter enter into with respect to the issuance of bonds, 28 notes or other obligations of the commission. 29 (c) Off-peak electronic toll collection pilot program.--The 30 commission shall establish a policy of off-peak pricing or fare 20050H2137B2941 - 3 -
1 differential as a one-year pilot program. The following shall 2 apply: 3 (1) The commission shall offer a minimum fare discount 4 of 25% for all classes of vehicles exiting the turnpike using 5 the electronic toll system between the hours of 8 p.m. and 6 5:30 a.m. commencing Sunday night and continuing through the 7 next following Friday morning in urban districts or in 8 counties of the second or third class. 9 (2) A midday discount between the hours of 10 a.m. and 3 10 p.m. shall be instituted in counties of the second class 11 Mondays through Fridays. A similar discount may be instituted 12 on weekends to encourage additional vehicles or vehicle 13 classes to use the turnpike. 14 (3) The commission shall provide quarterly reports to 15 the chairman and minority chairman of the Transportation 16 Committee of the Senate and the chairman and minority 17 chairman of the Transportation Committee of the House of 18 Representatives beginning 60 days after the effective date of 19 this section. 20 (4) The pilot program shall begin no later than 120 days 21 after the effective date of this section. 22 Section 2. This act shall take effect in 60 days. J20L36BIL/20050H2137B2941 - 4 -