Bill Text: PA SB948 | 2009-2010 | Regular Session | Introduced

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Bill Title: In Title 74, providing for an annual limitation on certain expenditures from the Motor License Fund and for transportation infrastructure partnership and development; and in Title 75, further providing for fees.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-06-05 - Referred to TRANSPORTATION [SB948 Detail]

Download: Pennsylvania-2009-SB948-Introduced.html

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PRINTER'S NO. 1133
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 948 Session of2009
INTRODUCED BY WONDERLING AND STOUT, JUNE 5, 2009
REFERRED TO TRANSPORTATION, JUNE 5, 2009
AN ACT
Amending Titles 74 (Transportation) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, in Title 74, providing
for an annual limitation on certain expenditures from the
Motor License Fund and for transportation infrastructure
partnership and development; and in Title 75, further
providing for fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 74 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 304. Annual limitation on expenditure from Motor License
Fund.
Other than the following amounts for the fiscal years
specified, no funds may be expended or transferred from the
Motor License Fund for operation of the Pennsylvania State
Police:
For the fiscal year beginning July 1, 2010, and each year
thereafter not more than $523,000,000.
Section 2. Title 74 is amended by adding a part to read:
PART V
TRANSPORTATION INFRASTRUCTURE
Chapter
91. Partnership and Development
CHAPTER 91
PARTNERSHIP AND DEVELOPMENT
Sec.
9101. Scope of chapter.
9102. Findings and declaration of policy.
9103. Definitions.
9104. Transportation development agreements.
9105. Proposals for transportation development agreements.
9106. Review and selection of proposals.
9107. Affected local jurisdictions.
9108. Terms and conditions of transportation development
agreements.
9109. Material default; remedies.
9110. Financing qualifying transportation projects.
9111. Power of eminent domain.
9112. Police powers and motor vehicle laws.
9113. Taxation of authorized development entity or entities.
9114. Pennsylvania Transportation Development Trust Fund.
9115. Regional mobility account, etc. (Reserved).
9116. Regional mobility authority.
9117. Turnpike lease restricted.
§ 9118. County and local bridge replacement and rehabilitation
program.
§ 9101. Scope of chapter.
This chapter relates to transportation infrastructure
partnership and development.
§ 9102. Findings and declaration of policy.
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The General Assembly finds, determines and declares as
follows:
(1) There is urgent public need to reduce congestion,
increase capacity, improve safety and enhance economic
efficiency of transportation facilities throughout this
Commonwealth.
(2) The Commonwealth has limited resources to fund the
maintenance and expansion of its transportation facilities.
(3) To ensure that the needs of the public are
adequately addressed, alternative funding mechanisms and
strategies must be developed to supplement existing public
revenue sources.
(4) Public entities should be authorized to enter into
transportation development agreements with private entities,
other public entities or partnerships of such entities in
order to accelerate the cost-effective delivery of improved
transportation facilities throughout this Commonwealth.
§ 9103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affected local jurisdiction." A county, city, township,
borough, incorporated town, local planning organization,
regional planning organization, metropolitan transportation
authority or regional mobility authority within whose
jurisdictional boundaries all or a portion of a qualifying
transportation project is located, or which is or will be
directly affected by the project.
"Approving body." In the case of a proposal subject to State
Transportation Commission review and approval under section
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9104(a) (relating to transportation development agreements), the
State Transportation Commission and the proprietary public
entity. In the case of a proposal not subject to State
Transportation Commission approval under section 9104(a), the
proprietary public entity.
"Authorized development entity." A private entity, another
public entity or any partnership of the entities authorized by
the approving body or bodies to assume responsibility for the
use of or control, in whole or in part, of a transportation
facility from a proprietary public entity.
"Department." The Department of Transportation of the
Commonwealth.
"Design build." The mode of infrastructure development
whereby the contractor is responsible for both the design and
construction of a qualifying transportation project.
"Develop" or "development." The term includes, but is not
limited to, the acts or functions of planning, designing,
financing, constructing, purchasing, installing, adding,
extending or other activities relating to the improvement of a
transportation facility.
"Fund." The Pennsylvania Transportation Development Trust
Fund established under section 9114 (relating to Pennsylvania
Transportation Development Trust Fund).
"Intergovernmental Cooperation Act." 53 Pa.C.S. Pt. III
Subpt. D (relating to area government and intergovernmental
cooperation).
"Interim agreement." An agreement, including a memorandum of
understanding or binding preliminary agreement, between a
private entity and the responsible public entity or the affected
public entity under section 9108 (relating to terms and
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conditions of transportation development agreements) which
provides for completion of studies, interim compensation rates
and any other activities to advance the development or operation
of a qualifying transportation facility.
"Local governmental entity." A unit of government with less
than Statewide jurisdiction, or any officially designated public
agency or authority of the unit of government, that has the
responsibility for planning, construction, operation or
maintenance of or jurisdiction over a transportation facility.
The term includes, but is not limited to, a county, city,
township, borough, incorporated town, municipal authority, local
or regional planning organization, metropolitan transportation
authority, regional mobility authority or other political
subdivision or governmental entity created with less than
Statewide jurisdiction, or any combination of the entities
acting under 53 Pa.C.S. Pt. III Subpt. D (relating to area
government and intergovernmental cooperation) or a similar
statute.
"Local planning organization." An entity whose jurisdiction
does not exceed the county in which it is located and which is
charged with transportation planning responsibilities in the
area in which a qualifying transportation project is located.
"Material default." Failure of an authorized development
entity or entities to perform any duties under a transportation
development agreement which jeopardizes delivery of adequate
service to the public and remains unsatisfied after a reasonable
period of time and after the authorized development entity or
entities has received written notice from the approving body or
bodies of the failure.
"Maximum rate of return." The negotiated maximum rate of
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return a private entity can receive as an authorized development
entity from the operating and nonoperating revenues of a
transportation facility under a transportation development
agreement, including any incidental receipts and other income
derived from the transportation facility covered by the
agreement.
"Municipality Authorities Act." 53 Pa.C.S. Ch. 56 (relating
to municipal authorities).
"Operate" or "operation." Includes, but is not limited to,
the acts or functions of managing, controlling, maintaining,
repairing, conducting financial proceedings and other day-to-day
activities of an enterprise.
"Partnership." An organization structured as a partnership
or joint venture and comprised of any combination of private
entities or public entities or both.
"Private entity." A natural person, sole proprietorship,
corporation, company, association, syndicate, partnership,
limited liability company, business trust, public benefit
corporation, nonprofit entity or any other entity not
specifically listed in this definition entering into a
transportation development agreement with a proprietary public
entity for a qualifying transportation project.
"Proprietary public entity." The public entity that owns the
proposed or existing transportation facility subject to a
transportation development agreement.
"Public entity." The Commonwealth or any department,
commission, authority or agency thereof or any local government
entity. The term shall specifically include the State
Transportation Commission, the Department of Transportation and
the Pennsylvania Turnpike Commission. For purposes of this
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chapter, the term does not include the General Assembly and its
members, officers or agencies or any court or other office or
agency of the Pennsylvania judicial system.
"Qualifying transportation project." A proposed or existing
undertaking by an authorized development entity or entities for
the development or operation of a transportation facility
totally or partially within this Commonwealth.
"Regional mobility account." A separate account of the
Commonwealth within the Pennsylvania Transportation Development
Trust Fund, under the custody of the State Treasurer, into which
transportation development revenues or other funds, including
surcharges imposed by the Commonwealth, may be deposited for
operation or development of regional transportation facilities.
"Regional mobility authority." An authority or similar local
government entity created under 53 Pa.C.S. Pt. III Subpt. D
(relating to area government and intergovernmental cooperation),
53 Pa.C.S. Ch. 56 (relating to municipal authorities) or other
Commonwealth statute and recognized under this chapter and
regulations issued by the State Transportation Commission for
the purpose of promoting regional transportation development.
"Regional planning organization." An entity with multicounty
jurisdiction and designated under Federal or State law with
transportation planning responsibilities in the region in which
a qualifying transportation project is located.
"Request for proposals." All materials and documents
prepared by or on behalf of a public entity to solicit proposals
from public or private entities to enter into a transportation
development agreement for a qualifying transportation project as
set forth in this chapter.
"Right-to-Know Law." The act of February 14, 2008 (P.L.6,
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No.3), known as the Right-to-Know Law.
"Separations Act." The act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts for
the erection, construction, and alteration of public buildings."
"State Adverse Interest Act." The act of July 19, 1957
(P.L.1017, No.451), known as the State Adverse Interest Act.
"State advisor." An entity as defined in section 2 of the
act of July 19, 1957 (P.L.1017, No.451), known as the State
Adverse Interest Act.
"State consultant." An entity as defined in section 2 of the
act of July 19, 1957 (P.L.1017, No.451), known as the State
Adverse Interest Act.
"Transportation Commission." The State Transportation
Commission of the Commonwealth established under section 468 of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
"Transportation development agreement." A lease, license,
franchise, easement, concession or other binding agreement
transferring rights for the use or control, in whole or in part,
of a transportation facility by a proprietary public entity to
an authorized development entity or entities for a definite term
during which the authorized development entity or entities will
provide transportation-related services, including, but not
limited to, any one or more of the following: operations and
maintenance, revenue collection, toll collection enforcement,
design, construction, development and other activities with
respect to existing or new transportation facilities that
enhance throughput, reduce congestion, improve safety or
otherwise manage or improve a transportation facility in return
for the right to receive all or a portion of the revenues of the
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transportation facility.
"Transportation development revenues." Money generated from
or received in support of the development or operation of a
qualifying transportation project, including, but not limited
to, user fees, service payments, surcharges, lease payments,
governmental appropriations or grants, proceeds of debt or
equity issuance, income from operations and earnings on
investments.
"Transportation facility." A road, bridge, tunnel, overpass,
ferry, busway, guideway, other public transportation facility,
vehicle parking facility, port facility, multimodal
transportation facility, airport, station, hub, terminal or
similar facility used for the transportation of persons, animals
or goods, together with any buildings, structures, parking
areas, appurtenances and other property needed to operate the
facility. The term includes any improvements or substantial
enhancements thereto.
"User fees." Rates, tolls, fees or other charges imposed or
collected by an authorized development entity or entities for
use of all or a portion of a transportation facility under a
transportation development agreement.
§ 9104. Transportation development agreements.
(a) Authorization and approval.--Subject to the provisions
of this chapter and the approval of its governing body, a
proprietary public entity has full authority to enter into a
transportation development agreement with an authorized
development entity or entities governing the development or
operation of all or any portion of a transportation facility,
except that, if the transportation development agreement results
in the proprietary public entity disposing of or relinquishing
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its control of a transportation facility or pertains to a
transportation facility that receives Commonwealth funding, then
the transportation development agreement must also be reviewed
and approved by the Transportation Commission before the
proprietary public entity can enter into the agreement.
(b) Project activities authorized.--Subject to the
requirements of this chapter, a transportation development
agreement may provide for the authorized development entity or
entities to be partially or entirely responsible for any one or
more of the following activities: planning, design, development,
construction, reconstruction, improvement, extension or
expansion, operation, repair, maintenance, management, revenue
collection or financing of a transportation facility.
(c) Repositories for materials.--The Transportation
Commission shall serve as the primary repository for all
materials relating to the review and approval of transportation
development agreements that involve transportation facilities
that receive funding from the Commonwealth or result in the
proprietary public entity disposing of or relinquishing its
control over the transportation facilities. Otherwise, the
proprietary public entity shall serve as the repository for
materials relating to the review of transportation development
agreements which do not require the approval of the
Transportation Commission.
§ 9105. Proposals for transportation development agreements.
(a) Solicited proposals.--Before entering into a
transportation development agreement, the proprietary public
entity must issue a request for proposals as set forth in this
subsection. If the proposal being requested is subject to
Transportation Commission review and approval under section
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9104(a) (relating to transportation development agreements), the
request for proposals must be authorized and issued jointly by
the proprietary public entity and the Transportation Commission.
Any request for proposals shall use a competitive procurement
process that selects the authorized development entity whose
proposal provides the best value for the proprietary public
entity and for the Commonwealth. Notice of any such request for
proposals shall be published in the Pennsylvania Bulletin and
posted or published in whatever other medium is regularly used
by the proprietary public entity for procurement matters. A
request for proposals issued under this subsection shall include
the following:
(1) The minimum scope and content of the information to
be provided by the respondent.
(2) The factors or criteria that will be used by the
approving body or bodies in evaluating the proposals and the
deadline for submitting the proposal.
(3) A statement concerning the scope and location of the
proposed project.
(4) A statement concerning any other information that
the approving body or bodies may consider in evaluating the
proposals.
(5) A statement indicating that if clarification is
needed in the evaluation of the proposals, the proprietary
public entity, together with the Transportation Commission if
its approval is required, may negotiate specific provisions
with the prospective authorized development entity that
submitted the proposal under the request for proposals.
(b) Unsolicited proposals.--A proprietary public entity may
entertain and accept for review unsolicited proposals submitted
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by public or private entities for a qualifying transportation
project. To the extent a proposal is subject to Transportation
Commission review and approval under section 9104(a), the
proposal shall also be submitted to the Transportation
Commission. For proposals not subject to Transportation
Commission approval, proprietary public entities may establish
rules and procedures for accepting unsolicited proposals and may
set forth the information required to be included in unsolicited
proposals submitted by public or private entities. The
Transportation Commission shall be responsible for establishing
rules and procedures for unsolicited proposals subject to its
approval, which shall include a review and response period not
exceeding 135 days from receipt of the unsolicited proposal for
any proposal with an estimated cost of construction greater than
$50,000,000. If an unsolicited proposal is deemed to be in
compliance with the rules and procedures as established by the
appropriate approving body and if the public entity or entities
so desire to pursue the proposed qualifying transportation
project, the proprietary public entity, jointly with the
Transportation Commission if its approval is required, must
publish a request for competing proposals in accordance with
subsection (a). Responses to requests for proposals issued in
response to the favorable review of a proposal under this
subsection shall be returned to the commission or proprietary
public entity within 60 days.
(c) Discussions and negotiations with proposing entities.--A
proprietary public entity, and the Transportation Commission
where its approval is required, may conduct discussions and
negotiations with public or private entities which have
submitted solicited or unsolicited proposals for the purpose of
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clarification to assure full understanding of the proposals or
the responsiveness of solicited proposals to solicitation
requirements.
(d) Design build development and Separations Act
inapplicable.--Notwithstanding any other provision of law to the
contrary:
(1) any proposal made under this chapter may provide for
the design build mode of infrastructure development; and
(2) in no event shall an authorized development entity
or entities be subject to the requirements of the Separations
Act in connection with a transportation development agreement
authorized under this chapter.
(e) Federal credit assistance.--The approving body or bodies
and affected local jurisdictions may apply for, execute or
endorse applications by prospective authorized development
entities to obtain Federal credit assistance for a qualifying
transportation project.
(f) Adverse interests of proposing private entity.--
(1) Except as provided in paragraph (2), a private
entity which is a State advisor or State consultant for the
Transportation Commission, the department, the Pennsylvania
Turnpike Commission or any other proprietary public entity
shall not be deemed to be in violation of the State Adverse
Interest Act if the private entity:
(i) prepares or submits a proposal or a response to
a request for proposals under this section;
(ii) negotiates or enters into a transportation
development agreement; or
(iii) engages in other activities in furtherance of
the provisions or purposes of this chapter.
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(2) A private entity which submits an unsolicited
proposal or a response to a request for proposals shall be
prohibited from providing advice to the Transportation
Commission, the department, the Pennsylvania Turnpike
Commission or a proprietary public entity on its proposal,
any competing proposal or a request for proposals for which
it has submitted a response.
(g) Fees.--The approving body or bodies may require that a
nonrefundable fee accompany any solicited or unsolicited
proposal submitted under this section to cover all or part of
the costs of processing, reviewing and evaluating the proposal.
(h) Confidentiality of records.--To encourage public and
private entities to submit proposals under subsections (a) and
(b), the following information shall be considered confidential
and shall not be considered a public record subject to
disclosure, public inspection or copying under the Right-to-Know
Law, or any other act, until a final transportation development
agreement for a proposed qualifying transportation project is
entered into:
(1) All or part of a proposal, whether solicited or
unsolicited, submitted by a public or private entity or any
partnership of the entities for a proposed qualifying
transportation project, except information regarding the
scope, location and limits of the project and information
pertaining to a public or private entity's qualifications,
experience, technical competence and capability to develop
the project.
(2) Information and records created during any
discussions or negotiations arising from the process as
described in subsection (c).
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(i) Disclosure of records.--Notwithstanding subsection (h),
after a transportation development agreement has been entered
into, the entire selected proposal shall be considered a public
record for purposes of disclosure under the Right-to-Know Law.
Promptly after a transportation development agreement has been
entered into, the approving body or bodies shall also make
available for inspection and copying by the public a summary of
the terms of the selected proposal and a written explanation of
the basis upon which the selection was made. Proprietary
information contained in proposals not selected and records of
negotiations with private entities not selected shall continue
to be exempt from public disclosure.
§ 9106. Review and selection of proposals.
(a) Timing of review.--For proposals subject to its
approval, the Transportation Commission, in conjunction with the
department, by published regulations shall promulgate procedures
and guidelines that establish the process for the review and
selection of a proposal submitted under section 9105(a) and (b)
(relating to proposals for transportation development
agreements). The department shall publish interim guidelines
within six months of the effective date of this section and
shall publish final regulations within two years of the
effective date of this section. The guidelines shall establish:
(1) a specific schedule for the timing of the review of
the proposals by the approving body or bodies designed with a
high priority placed upon a review schedule requiring less
than 135 days;
(2) a process for alteration of that schedule if the
approving body or bodies deem that changes are necessary
because of the scope or complexity of proposals received; and
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(3) the type and amount of information that is necessary
for adequate review of proposals. A proprietary public entity
shall promulgate its own procedures and guidelines for the
review and selection of proposals which do not require
Transportation Commission approval.
(b) Asset valuation.--In evaluating any submitted proposal,
the approving body or bodies may rely on internal reports
prepared by staff familiar with the operation of similar
transportation facilities or may engage the services of the
private consultants, engineers and other experts as the
approving body or bodies determine are necessary or desirable
for the purposes of performing the evaluations. As part of each
evaluation of any submitted proposal, the approving body or
bodies shall be required to obtain a financial and valuation
assessment with respect to the proposed qualifying
transportation project from a qualified independent advisor with
experience and expertise with similar transportation facilities.
(c) Factors for review and selection of proposals.--The
appropriate approving body or bodies may consider the following
factors in reviewing and selecting a proposal to enter into a
transportation development agreement:
(1) the ability of the qualifying transportation project
to improve safety, reduce congestion, increase capacity and
promote economic growth;
(2) the compatibility of the proposal with existing
local or regional land use plans or the commitment of local
communities to approve plans in preparation for the proposed
project;
(3) the proposed cost of and financial plan for the
qualifying transportation project;
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(4) the general reputation, qualifications, industry
experience and financial capacity of the entity or entities
submitting the proposal;
(5) the proposed design, operation and feasibility of
the qualifying transportation project;
(6) comments from local citizens and affected local
jurisdictions;
(7) benefits to the public;
(8) the safety record of the entity or entities
submitting the proposal; and
(9) other criteria that the approving body or bodies
deem appropriate.
§ 9107. Affected local jurisdictions.
The Transportation Commission by published regulations shall
promulgate procedures and guidelines that establish a process in
which affected local jurisdictions receive notice of a proposed
qualifying transportation project and have an opportunity to
provide input regarding the project before a transportation
development agreement is executed. For proposed qualifying
transportation projects which do not require approval of the
Transportation Commission under section 9104(a) (relating to
transportation development agreements), the proprietary public
entity shall promulgate its own procedures and guidelines by
which affected local jurisdictions receive notice of a proposed
qualifying transportation project and have an opportunity to
provide input prior to the execution of a transportation
development agreement.
§ 9108. Terms and conditions of transportation development
agreements.
(a) Proprietary public entity and authorized development
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entity negotiations.--Except as otherwise expressly provided in
section 9105 (relating to proposals for transportation
development agreements) and this section, a proprietary public
entity may enter into a transportation development agreement
with an authorized development entity or entities without regard
to the provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth
Procurement Code). The proprietary public entity and authorized
development entity or entities are expressly authorized to
negotiate the provisions of a transportation development
agreement.
(a.1) Interim agreement.--Prior to completion of a
transportation development agreement, a proprietary public
entity and an authorized development entity may negotiate an
interim agreement for the purpose of further defining project
planning and development, advance right-of-way acquisition,
design and engineering, environmental analysis and mitigation,
surveying, conducting transportation and revenue studies and
ascertaining the availability of financing for the proposed
qualifying transportation facility or facilities. The interim
agreement may also establish the process and timing of the
negotiation of the comprehensive agreement and any other
provisions related to any aspect of the development or operation
of a qualifying transportation facility that the parties may
deem appropriate.
(b) Required provisions.--A transportation development
agreement entered into under this chapter shall provide for the
following:
(1) a process by which the authorized development entity
or entities implements, sets and adjusts any user fees on any
transportation facility;
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(2) the methodologies, indices or other factors for the
setting and adjusting of user fees;
(3) the original term of the transportation development
agreement, which may not exceed 50 years;
(4) dates for the beginning and completion of
construction of or improvements to the qualifying
transportation project;
(5) the transportation facility acquired or constructed
under a transportation development agreement is public
property that is leased to the authorized development entity
and belongs to the proprietary public entity;
(6) that upon termination of the transportation
development agreement, the transportation facility must be in
a state of proper maintenance and repair and shall be
returned to the proprietary public entity in satisfactory
condition at no further cost to the public entity;
(7) maintenance of a policy or policies of liability
insurance, copies of which shall be filed with the
proprietary public entity accompanied by proofs of coverage
or self insurance, each in a form and amount satisfactory to
the proprietary public entity and reasonably sufficient to
insure coverage of tort liability to the public and employees
and to enable the continued operation of the transportation
facility; and
(8) that the authorized development entity shall comply
with the act of August 15, 1961 (P.L.987, No.442), known as
the Pennsylvania Prevailing Wage Act, and 62 Pa.C.S. § 107
(relating to reciprocal limitations).
§ 9109. Material default; remedies.
(a) General rule.--Upon the occurrence and during the
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continuation of a material default of a transportation
development agreement by an authorized development entity or
entities, the approving body or bodies may:
(1) Elect to take over the transportation facility which
is the subject of the transportation development agreement,
including the succession of all right, title and interest in
the transportation facility, subject to any liens on revenues
previously granted by the authorized development entity or
entities.
(2) Terminate the transportation development agreement
and exercise any other rights and remedies that may be
available.
(b) Takeover.--In the event that the approving body or
bodies elect to take over a transportation facility under
subsection (a), the approving body or bodies:
(1) Shall collect and pay any revenues that are subject
to lien to satisfy any obligation.
(2) May develop and operate the transportation facility,
impose user fees for the use of the transportation facility
and comply with any service contracts.
(3) May solicit proposals for the maintenance and
operation of the transportation facility under section 9105
(relating to proposals for transportation development
agreements).
§ 9110. Financing qualifying transportation projects.
(a) User fees.--
(1) Each transportation development agreement shall
authorize the authorized development entity or entities to
impose user fees for use of the transportation facility.
Unless specifically prohibited in the transportation
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development agreement, the authorization shall permit the
imposition of user fees on transportation facilities not
currently subject to user fees, subject to compliance with
applicable Federal and State law and approval by the
Transportation Commission.
(2) The transportation development agreement may
authorize the authorized development entity or entities to
collect tolls or user fees through both conventional methods
and nonconventional methods, including, but not limited to,
automatic vehicle identification systems, electronic toll
collection systems and, to the extent permitted by law,
video-based toll-collection enforcement.
(3) A maximum rate of return on investment shall be
negotiated by the proprietary public entity and the
authorized development entity or entities and stated in the
transportation development agreement.
(4) After expiration of the original term of the
transportation development agreement, the proprietary public
entity may continue to charge user fees for the use of the
transportation facility.
(5) User fees under a transportation development
agreement shall generally be uniform for similar persons and
vehicles traveling under like conditions, except as may be
required to mitigate congestion on and preserve capacity of
the transportation facility which is the subject of the
transportation development agreement.
(b) Bonding authority.--A proprietary public entity or
authorized development entity or entities may authorize the
issuance of debt, equity or other securities or obligations to
pay all or part of the costs of a qualifying transportation
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project and may secure any such financing with a pledge of
security interest in or lien on any of the user fees charged and
collected for the use of the transportation facility. However,
any bonds, debt, other securities or other financing issued for
the purposes of this chapter shall be limited obligations of the
proprietary public entity or authorized development entity or
entities and shall not be considered to constitute a debt of the
Commonwealth or any political subdivision thereof or a pledge of
the full faith and credit of the Commonwealth or any political
subdivision thereof.
(c) Limited recourse bonds backed by pledge of portion of
Motor License Fund revenues.--(Reserved).
§ 9111. Power of eminent domain.
At the request of an authorized development entity or
entities, the proprietary public entity or an affected local
jurisdiction otherwise possessing the power of eminent domain
may exercise that power for the purpose of acquiring any real
property or interests therein deemed necessary to advance the
development or operation of a qualifying transportation project.
Any amounts payable in any such eminent domain proceeding may be
paid by the proprietary public entity or the authorized
development entity or entities.
§ 9112. Police powers and motor vehicle laws.
(a) Powers and jurisdiction.--All law enforcement officers
of the Commonwealth and each affected local jurisdiction shall
have the same powers and jurisdiction within the limits of a
qualifying transportation project as they have in their
respective areas of jurisdiction, and law enforcement officers
shall have access to the qualifying transportation project at
any time for the purpose of exercising their law enforcement
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powers and jurisdiction.
(b) Enforcement of traffic laws.--To the extent the
qualifying transportation project includes a highway, bridge,
tunnel, overpass or similar transportation facility for motor
vehicles, the traffic and motor vehicle laws of this
Commonwealth or, if applicable, any local jurisdiction shall be
the same as those applying to conduct on similar transportation
facilities in the Commonwealth or the local jurisdiction.
(c) Payment of law enforcement costs.--The authorized
development entity or entities shall be responsible for the
payment of all costs associated with the provision of law
enforcement services under subsections (a) and (b) within the
limits of a qualifying transportation project.
(d) Fines.--Fines imposed by law enforcement officers for
violations occurring within the limits of a qualifying
transportation project shall be imposed, collected, distributed
and governed as otherwise provided by applicable law.
§ 9113. Taxation of authorized development entity or entities.
(a) General rule.--To the extent that revenues or user fees
received by an authorized development entity or entities are
subject to any tax imposed by a political subdivision prior to
the effective date of this chapter, the revenues or user fees
shall continue to be subject to the tax and to future increases
in the rate of the tax.
(b) New taxation barred.--After the effective date of this
chapter, no new tax shall be imposed by a political subdivision
on the revenues or user fees received by an authorized
development entity or entities.
(c) Realty transfer tax.--No transportation development
agreement, lease, concession, franchise or other contract
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involving real property of a qualifying transportation project
shall be subject to any Commonwealth or local realty transfer
tax imposed under the act of December 31, 1965 (P.L.1257,
No.511), known as The Local Tax Enabling Act, the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or
a successor statute.
(d) Property.--Property used in connection with a qualifying
transportation project shall be considered public property and
is exempt from ad valorem property taxes and special assessments
levied against property by the Commonwealth or any political
subdivision.
§ 9114. Pennsylvania Transportation Development Trust Fund.
(a) Establishment of fund.--The Pennsylvania Transportation
Development Trust Fund is established separate and distinct from
the General Fund of the Commonwealth. Interest earned on moneys
held in the fund shall be credited to the fund. The
Transportation Commission shall hold, administer and manage the
fund, and expenses of administering the fund shall be paid from
money in the fund.
(b) Separate accounts.--Within the fund, separate accounts
and subaccounts may be established.
(c) Deposits.--Subject to the provisions of a transportation
development agreement, the following moneys may be deposited
into the fund:
(1) Payments received from an authorized development
entity or entities under a transportation development
agreement.
(2) Revenues received from a qualifying transportation
project under a transportation development agreement with an
authorized development entity or entities.
20090SB0948PN1133 - 24 -
(3) Excess earnings over the negotiated maximum rate of
return for an authorized development entity or entities in a
transportation development agreement.
(4) Surcharges or other service fees or user fees which
may be imposed or levied by the Commonwealth on passenger or
commercial travel.
(5) Appropriations, if any, made by the General
Assembly.
(6) Interest, premiums, gains or other earnings on the
fund.
(7) Any other moneys from any sources, public or
private, that are done by donation, grant, contract, law or
other means transferred, allocated or appropriated to the
fund.
(d) Permitted uses.--
(1) The fund shall be a separate trust fund to be
appropriated and used by the Transportation Commission, upon
majority vote thereof, solely for the operation and
development of transportation facilities wholly or partly
within this Commonwealth. Included as a permitted use of fund
moneys is the funding of regional mobility authorities
designated by the Transportation Commission.
(2) Money may not be transferred, assigned or otherwise
removed from the fund except by the Transportation Commission
and not by the General Assembly or any other agency,
authority or other political subdivision of the Commonwealth.
(3) Money in the fund at the end of the fiscal year
shall not revert to the General Fund.
§ 9115. Regional mobility account, etc. (Reserved).
§ 9116. Regional mobility authority.
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A regional mobility authority shall be eligible to receive
transportation development revenues directly from the fund or
from a regional mobility fund. An existing local governmental
entity shall be eligible for designation as a regional mobility
authority upon application to the Transportation Commission.
§ 9117. Turnpike lease restricted.
The Pennsylvania Turnpike, its additions and lease properties
may not be subject to a transfer of oversight responsibilities
through a lease, sale or other agreement unless specific
authority is granted through an act of law passed by a majority
of members of the General Assembly. This section shall not
restrict the ability of the Pennsylvania Turnpike Commission or
the Transportation Commission to consider and approve
partnership agreements which do not require a transfer of
operational oversight from the Pennsylvania Turnpike Commission.
§ 9118. County and local bridge replacement and rehabilitation
program.
(a) General rule.--Utilizing funds provided by a bond
program authorized by law, the Transportation Commission shall
solicit interest from bidders for a program designed to maximize
the Commonwealth's investment in long-term improvements to
bridges owned and maintained throughout this Commonwealth by
counties and municipalities.
(b) Purposes.--The program shall at a minimum be designed to
do as follows:
(1) Improve structurally deficient and functionally
obsolete bridges.
(2) Capitalize on efficiencies which can be gained by
structuring contracts for similar bridges into larger
packages to minimize design, engineering and construction
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redundancies.
(3) Utilize standard designs and materials where
applicable.
(4) Minimize disruption to local traffic by encouraging
limited closure and detour times.
(5) Increase design life over the structures being
replaced.
(c) Eligibility.--Projects eligible for inclusion in the
program shall have been approved by the General Assembly in an
appropriate capital itemization bill, which refers to this
section specifically. Projects eligible for consideration shall
be public highway bridges open to the general public. All
projects funded under this section shall be in compliance with
section 11 of Article VIII of the Constitution of Pennsylvania,
and no other use is permitted.
Section 3. Sections 1901(c)(16), 1912, 1913, 1914, 1915,
1916(a)(1), 1917, 1919, 1920, 1921, 1922, 1923, 1924, 1925,
1926, 1927, 1929, 1930, 1931, 1931.1, 1932, 1933 and 1942 of
Title 75 are amended to read:
§ 1901. Exemption of persons, entities and vehicles from fees.
* * *
(c) Processing fee in lieu of registration fee.--No
registration fee shall be charged for vehicles registered by any
of the following but the department shall charge a fee of $10 to
cover the costs of processing for issuing or renewing the
registration:
* * *
(16) Any person who is retired and receiving social
security or other pension and whose total annual income does
not exceed [$19,200] $23,500. Unless the retired person is
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physically or mentally incapable of driving the vehicle, the
retired person shall be the principal driver of the vehicle
but may from time to time authorize another person to drive
the vehicle in his or her stead.
* * *
§ 1912. Passenger cars.
The annual fee for registration of a passenger car shall be
[$36] $48.
§ 1913. Motor homes.
The annual fee for registration of a motor home shall be
determined by its registered gross weight in pounds according to
the following table:
Class Registered GrossWeight in Pounds Fee
1 8,000 or less [$45] $63
2 8,001 - 11,000 [63] 93
3 11,001 or more [81] 111
§ 1914. Motorcycles.
The annual fee for registration of a motorcycle other than a
motor-driven cycle shall be [$18] $24.
§ 1915. Motor-driven cycles.
The annual fee for registration of a motor-driven cycle shall
be [$9] $18.
§ 1916. Trucks and truck tractors.
(a) General rule.--
(1) The annual fee for registration of a truck or truck
tractor shall be determined by its registered gross weight or
combination weight in pounds according to the following
table:
Registered Gross
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Class Gross or CombinedWeight in Pounds Fee
1 5,000 or less $58.50
2 5,001 - 7,000 [81.00] 111.00
3 7,001 - 9,000 [153.00] 183.00
4A 9,001 - 10,000 [198.00] 228.00
4B 10,001 - 11,000 [198.00] 228.00
5 11,001 - 14,000 [243.00] 273.00
6 14,001 - 17,000 [288.00] 318.00
7 17,001 - 21,000 [355.50] 385.50
8 21,001 - 26,000 [405.00] 435.00
9 26,001 - 30,000 [472.50] 502.50
10 30,001 - 33,000 [567.00] 597.00
11 33,001 - 36,000 [621.00] 651.00
12 36,001 - 40,000 [657.00] 687.00
13 40,001 - 44,000 [697.50] 727.50
14 44,001 - 48,000 [751.50] 781.50
15 48,001 - 52,000 [828.00] 858.00
16 52,001 - 56,000 [882.00] 912.00
17 56,001 - 60,000 [999.00] 1,029.00
18 60,001 - 64,000 [1,111.50] 1,141.50
19 64,001 - 68,000 [1,165.50] 1,195.50
20 68,001 - 73,280 [1,251.00] 1,281.00
21 73,281 - 76,000 [1,597.50] 1,627.50
22 76,001 - 78,000 [1,633.50] 1,663.50
23 78,001 - 78,500 [1,651.50] 1,681.50
24 78,501 - 79,000 [1,669.50] 1,699.50
25 79,001 - 80,000 [1,687.50] 1,717.50
* * *
§ 1917. Motor buses and limousines.
20090SB0948PN1133 - 29 -
The annual fee for registration of a motor bus or a limousine
shall be $30 plus the fee determined by its seating capacity
according to the following table:
Seating Capacity Fee
26 or less $ 9 per seat
27 - 51 234 plus $11.25 per seat in excess of 26
52 or more 540
[§ 1919. Reduced combustion vehicles.
(a) General rule.--There shall be no annual fee for
registration of any of the following:
(1) An electric vehicle.
(2) A hybrid electric vehicle.
(3) A zero-emission vehicle.
(b) Expiration.--This section shall expire December 31,
1996.]
§ 1920. Trailers.
(a) General rule.--The annual fee for registration of a
trailer shall be determined by its registered gross weight
according to the following table:
Registered GrossWeight in Pounds Fee
3,000 or less [$ 6] $ 8
3,001 - 10,000 [12] 16
10,001 or more [27] 36
(b) Optional five-year registration.--A trailer with a
registered gross weight of 10,000 pounds or less may be
registered for a period of five years upon payment by the
registrant of the applicable fee for such period.
(c) Optional permanent registration.--A trailer with a
20090SB0948PN1133 - 30 -
registered gross weight of 10,001 or more pounds may be
registered for a one-time fee of [$135] $180 in lieu of the
annual fee at the option of the registrant.
§ 1921. Special mobile equipment.
The annual fee for registration of special mobile equipment
shall be [$36] $48.
§ 1922. Implements of husbandry.
The annual fee for registration of an implement of husbandry
not exempt from registration under this title shall be [$18]
$24.
§ 1923. Antique, classic and collectible vehicles.
The fee for registration of an antique, classic or
collectible motor vehicle shall be [$75] $100.
§ 1924. Farm vehicles.
(a) General rule.--The annual fee for registration of a farm
vehicle shall be [$76.50] $100 or one-third of the regular fee,
whichever is greater.
(b) Certificate of exemption.--The biennial processing fee
for a certificate of exemption issued in lieu of registration of
a farm vehicle shall be determined by the type of certificate
issued and the gross weight or combination weight or weight
rating according to the following table:
Certificate type Weight in pounds Fee
Type I 17,000 or less [$24] $32
Type II greater than 17,000 [50] 66.50
Type I greater than 17,000 [100] 130
§ 1925. Ambulances, taxis and hearses.
The annual fee for registration of an ambulance, taxi or
hearse shall be [$54] $72.
§ 1926. Dealers and miscellaneous motor vehicle business.
20090SB0948PN1133 - 31 -
(a) General rule.--The annual fee for a dealer registration
plate or miscellaneous motor vehicle business plate shall be
[$36] $48.
(b) Motorcycle dealers.--The annual fee for each dealer
registration plate issued to a motorcycle dealer other than a
motor-driven cycle dealer shall be [$18] $24.
(c) Motor-driven cycle dealers.--The annual fee for each
dealer registration plate issued to a motor-driven cycle dealer
shall be [$9] $18.
(d) Multipurpose dealer registration plate.--The annual fee
for a multipurpose dealer registration plate shall be the
appropriate fee specified in section 1913 (relating to motor
homes) for motor homes, the appropriate fee specified in section
1916 (relating to trucks and truck tractors) for trucks and
truck tractors and the appropriate fee specified in section
1920(a) (relating to trailers) for trailers.
§ 1927. Transfer of registration.
The fee for transfer of registration shall be [$6] $8.
§ 1929. Replacement registration plates.
The fee for a replacement registration plate other than a
legislative or personal plate shall be [$7.50] $10.
§ 1930. Legislative registration plates.
The fee for issuance of a legislative registration plate
shall be [$20] $40 which shall be in addition to the annual
registration fee. Only one payment of the issuance fee shall be
charged for each legislative registration plate issued or
replaced.
§ 1931. Personal registration plates.
The fee for issuance of a personal registration plate shall
be [$20] $30 which shall be in addition to the annual
20090SB0948PN1133 - 32 -
registration fee. Only one payment of the issuance fee shall be
charged for each personal registration issued or replaced.
§ 1931.1. Street rod registration plates.
The fee for the issuance of a street rod registration plate
shall be [$20] $30 which shall be in addition to the annual
registration fee. Only one payment of the issuance fee shall be
charged for each street rod registration plate issued or
replaced.
§ 1932. Duplicate registration cards.
The fee for each duplicate registration card when ordered at
the time of vehicle registration, the transfer or renewal of
registration or the replacement of a registration plate shall be
$1.50. The fee for each duplicate registration card issued at
any other time shall be [$4.50] $6.75.
§ 1933. Commercial implements of husbandry.
The annual fee for registration of a commercial implement of
husbandry shall be [$76.50] $100 or one-half of the regular fee,
whichever is greater.
§ 1942. Special hauling permits as to weight and size.
(a) Fee schedule.--The fee for a special hauling permit for
each movement of an overweight or oversize vehicle or load, or
both, shall be as follows:
(1) Oversize vehicle or load, or both, having a width up
to 14 feet and not exceeding legal weight limit, [$25] $34.
(2) Oversize vehicle or load, or both, having a width
exceeding 14 feet and not exceeding any legal weight limit,
[$50] $67.
(3) Vehicle and load weighing in excess of legal weight
limit, [3¢] up to 5¢ per mile per ton by which the gross
weight exceeds the registered gross weight.
20090SB0948PN1133 - 33 -
(b) Cumulative fees.--Fees under subsection (a) are
cumulative so that a vehicle and load which are both oversize
and overweight would be subject to a fee under subsection (a)(1)
or (2) and subsection (a)(3).
Section 4. Section 1943 of Title 75 is amended by adding a
subsection to read:
§ 1943. Annual hauling permits.
* * *
(s) Bridge account surcharge.--In addition to any fees
imposed by this section, a surcharge shall be applied to each
permit which shall increase the total combined cost of the
permit by 33%. The proceeds from this surcharge shall be
deposited into the Highway Bridge Improvement Restricted Account
within the Motor License Fund.
Section 5. Sections 1944, 1952, 1953, 1955, 1956, 1957, 1959
and 1961 of Title 75 are amended to read:
§ 1944. Mobile homes, modular housing units and modular housing
undercarriages.
The fee for a special hauling permit for a mobile home,
modular housing unit or modular housing undercarriage which
exceeds the maximum size prescribed in this title but which does
not exceed 14 feet in body width shall be [$25] $34. The fee for
a special hauling permit for a mobile home or modular housing
unit, as provided in section 4973 (relating to permits for
movement of a mobile home or a modular housing unit and modular
housing undercarriage), shall be [$50] $67.
§ 1952. Certificate of title.
(a) General rule.--The fee for issuance of a certificate of
title shall be [$22.50] $30.
(b) Manufacturer's or dealer's notification.--The fee for a
20090SB0948PN1133 - 34 -
manufacturer's or dealer's notification of acquisition of a
vehicle from another manufacturer or dealer for resale pursuant
to section 1113 (relating to transfer to or from manufacturer or
dealer) shall be [$3] $4.
§ 1953. Security interest.
The fee for recording or changing the amount of security
interest on a certificate of title shall be [$5] $7.
§ 1955. Information concerning drivers and vehicles.
(a) Drivers, registrations, titles and security interests.--
The fee for a copy of written or electronic information relating
to a driver, registration, title or security interest shall be
[$5] $7.50.
(b) Other data and information.--The department may charge
to any person or governmental or quasi-governmental entity a
reasonable fee based on the cost to the department of compiling
data and statistical information upon request.
§ 1956. Certified copies of records.
(a) Department records.--The fee for a certified copy of any
department record which the department is authorized by law to
furnish to the public shall be [$5] $7.50 for each form or
supporting document comprising such record.
(b) State Police reports.--The fee for a certified
Pennsylvania State Police record of investigation of a vehicle
accident which the Pennsylvania State Police are authorized by
this title to furnish to the public shall be [$5] $7.50 for each
copy of the Pennsylvania State Police full report of
investigation.
§ 1957. Uncollectible checks.
Whenever any check issued in payment of any fee or for any
other purpose is returned to the department as uncollectible,
20090SB0948PN1133 - 35 -
the department or municipality shall charge a fee of [$10] $20
for each driver's license, registration, replacement of tags,
transfer of registration, certificate of title, whether original
or duplicate, special hauling permit and each other unit of
issue by the department or municipality, plus all protest fees,
to the person presenting the check, to cover the cost of
collection.
§ 1959. Messenger service.
(a) Annual registration.--The annual fee for registration of
a messenger service as provided for in Chapter 75 (relating to
messenger service) shall be [$50] $67.
(b) Additional places of business.--The annual fee for
registration of additional place of business or branch office
from which a messenger service may transact business shall be
[$25] $34.
(c) Transfer of location.--The fee for the transfer of
location of a registered place of business or branch office of a
messenger service during a period of registration shall be [$5]
$7.
§ 1961. Secure power of attorney.
The fee for processing a secure power of attorney submitted
for the purpose of odometer disclosure when not accompanied by
an application for title shall be [$15] $20.
Section 6. Title 75 is amended by adding sections to read:
§ 1962. Vehicle Owner Financed Transportation Improvement
Account.
A Vehicle Owner Financed Transportation Improvement Account
is established and shall be maintained as a restricted fund in
the Motor License Fund. Annually, an amount equal to $150
million from the fees required by this chapter shall be
20090SB0948PN1133 - 36 -
deposited to the account and reserved for use as follows:
(1) $150 million annually to the traffic signal
coordination and modernization program created under section
6122.1 (relating to traffic signal coordination and
modernization program).
(2) (Reserved).
§ 6122.1. Traffic signal coordination and modernization
program.
The department, through written agreements between the
department or an assigned agent and the municipal owners of
traffic signal systems, shall undertake an initiative to improve
traffic signal coordination on State-owned and State-maintained
highways and where appropriate, as determined by the department,
on roadways owned by other jurisdictions. The program shall seek
to maintain optimum traffic movements through the application of
advanced traffic management technologies and applications
designed to achieve any of the following: manage congestion,
maximize existing roadway infrastructure, improve safety, reduce
incident management-related traffic delays, reduce construction-
related and reconstruction-related traffic delays and improve
traveler information systems. Priority funding for coordinating
and modernizing traffic signal systems shall be provided to
projects where agreements linking critical traffic corridors
across multiple municipalities and those which have the highest
potential to significantly reduce travel times during peak
periods. For the purpose of establishing program management to
achieve the goals set forth by this section, the department may
proceed under 74 Pa.C.S. Ch. 91 (relating to partnership and
development). Within six months of the effective date of this
section, the department shall develop regulations as required to
20090SB0948PN1133 - 37 -
implement the requirements of this section. Funding for the
program established under this section shall be provided from
the funds available under section 1962 (relating to Vehicle
Owner Financed Transportation Improvement Account).
Section 7. Section 9106(b) of Title 75 is amended to read:
§ 9106. Dirt and gravel road maintenance.
* * *
(b) General rule.--Of the funds available under section
9502(a)(1) (relating to imposition of tax), $1,000,000 shall be
annually distributed to the Department of Conservation and
Natural Resources for the maintenance and mitigation of dust and
sediment pollution from forestry roads. Funds in the amount of
[$4,000,000] $8,000,000 shall be appropriated annually to the
State Conservation Commission and administered in a nonlapsing,
nontransferable account restricted to maintenance and
improvement of dirt and gravel roads. The State Conservation
Commission shall apportion the funds based on written criteria
it develops to establish priorities based on preventing dust and
sediment pollution. In the first fiscal year, top priority shall
be given to specific trouble spot locations already mapped by
the Task Force on Dirt and Gravel Roads and available from the
department.
* * *
Section 8. This act shall take effect immediately.
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