Bill Text: PA SB1 | 2009-2010 | 1st Special Session | Introduced

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Bill Title: Further providing for State Transportation Commission.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2010-09-24 - Referred to TRANSPORTATION [SB1 Detail]

Download: Pennsylvania-2009-SB1-Introduced.html

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PRINTER'S NO. 4
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1 Special Session No. 1 of2009-2010
INTRODUCED BY ARGALL, EICHELBERGER, VANCE, M. WHITE, WARD, MENSCH, CORMAN, SCARNATI, ORIE, ROBBINS, YAW, D. WHITE, BAKER, WAUGH AND FOLMER, SEPTEMBER 24, 2010
REFERRED TO TRANSPORTATION, SEPTEMBER 24, 2010
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," further providing for State
Transportation Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2011 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
amended May 6, 1970 (P.L.356, No.120) and April 30, 1986
(P.L.121, No.37), is amended to read:
Section 2011. State Transportation Commission.--(a) The
commission shall hold at least four regularly scheduled meetings
throughout the State, as may be determined and announced in the
January meeting, which meetings shall be open to the public at
all times. At least two of these regularly scheduled meetings
shall be held in different geographical regions of the State.
Hearings for purposes of revising the twelve-year plan shall not
count against the four regularly scheduled meetings. The members
shall meet at the call of the Secretary of Transportation at the
State Capitol during the month of January, or as soon thereafter
as possible, to organize as the State Transportation Commission.
The commission shall biennially elect a secretary who shall be a
member of said commission.
(b) The commission may hold public hearings, at its
discretion or it may designate one or more of its members to
hold such public hearings for the purpose of securing all
pertinent information it may deem necessary and to comply with
the provisions of Title 23, U.S. Code, "The Federal Interstate
Highway Law of 1956," and amendments thereto.
At any hearing or meeting before the commission on the
approval or disapproval of the selection of any State
transportation route or program, comparative estimates may be
presented of the effects of the use of alternative
transportation route or program. Estimates based on similar
assumptions may be presented of the effect that the selection of
any alternative transportation route or program would have upon
economic or social values, including, but not limited to,
property values, State and local public facilities and local
traffic. The commission shall compile and submit to the Governor
and the Secretary of Transportation for their consideration the
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information acquired at such hearings.
(c) The commission shall have the power, and its duties
shall be, to gather and study all available information, data,
statistics and reports, relating to the needs for highway
construction or reconstruction and for needs of rapid transit,
railroad, omnibus, marine and other mass and bulk transportation
facilities and services, and aviation and airport facilities and
services in the Commonwealth to determine on the basis of
available information, data, statistics and reports, the
highways rapid transit, railroad, omnibus, marine and other mass
and bulk transportation facilities and services, and aviation
and airport facilities and services which should be constructed
or reconstructed and the recommended order of priority in which
such highways rapid transit, railroad, omnibus, marine and other
mass and bulk transportation facilities and services, and
aviation and airport facilities and services should be
constructed or reconstructed and to certify from time to time
the results of such determination to the Governor, to the
General Assembly and to the Secretary of Transportation, for
their consideration. Transportation programs so determined shall
not be changed, deleted or altered, except by the commission or
as provided in subsection (d) of this section.
(c.1) In addition to the duties under subsection (c), the
commission shall ensure that:
(1) Federal funding received for highway and bridge
construction or improvement is expended solely for those
purposes; and
(2) no Federal funds are expended, directly or indirectly,
for purposes of, or in connection with, rapid transit and rapid
transit authorities, unless such purpose is specifically
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authorized by Federal law as to those funds.
(d) In view of the particular sensitivity of special
instrumentalities of the Commonwealth specifically created to
serve and coordinate local mass transportation needs throughout
metropolitan areas within the Commonwealth, the determination of
needs and programs and the order of priority in which rapid
transit, railroad, omnibus and other mass transportation
facilities and services which affect or relate to urban common
carrier mass transportation, as defined in the Pennsylvania
Urban Mass Transportation Assistance Law of 1967, are to be
constructed or reconstructed in the local service area of any
such instrumentality shall be as determined by said
instrumentality; the determination of needs and programs and the
order of priority in which highways, marine, aviation and
airport facilities and other non-mass transportation facilities
are to be constructed or reconstructed in the local service area
of any such instrumentality shall be as determined by the
commission but only after thorough prior consultation by the
commission with said instrumentality and coordination of the
commission's plans with the plans of said instrumentality. For
purposes of this subsection, neither the commission nor any said
special instrumentality of the Commonwealth shall arbitrarily,
unreasonably or capriciously reject any need, program or
priority presented to it under this subsection.
(e) The commission shall recommend to the General Assembly a
system of classification of highways based upon information
supplied by the Department of Transportation and data acquired
as a result of its own study or investigation from hearings and
otherwise. The commission shall submit and recommend to the
General Assembly such highway classification together with a
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plan for the development and improvement thereof with priorities
based upon studies of needs and sufficiency ratings.
(f) The commission may adopt bylaws to govern the conduct of
its affairs. The commission shall promulgate regulations not
inconsistent with provisions of this section for the execution
of the powers and duties herein delegated to them.
Section 2. This act shall take effect immediately.
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