THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

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

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

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.