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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, PILEGGI, SCARNATI, WONDERLING, ORIE, STOUT, GORDNER, EARLL, BOSCOLA, STACK, ERICKSON, BAKER, BRUBAKER, PIPPY, ALLOWAY AND SMUCKER, MARCH 27, 2009 |
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| REFERRED TO TRANSPORTATION, MARCH 27, 2009 |
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| AN ACT |
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1 | Amending Title 74 (Transportation) of the Pennsylvania |
2 | Consolidated Statutes, providing for transportation |
3 | infrastructure partnership and development. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 74 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a part to read: |
8 | PART V |
9 | TRANSPORTATION INFRASTRUCTURE |
10 | Chapter |
11 | 91. Partnership and Development |
12 | CHAPTER 91 |
13 | PARTNERSHIP AND DEVELOPMENT |
14 | Sec. |
15 | 9101. Scope of chapter. |
16 | 9102. Findings and declaration of policy. |
17 | 9103. Definitions. |
18 | 9104. Transportation development agreements. |
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1 | 9105. Proposals for transportation development agreements. |
2 | 9106. Review and selection of proposals. |
3 | 9107. Affected local jurisdictions. |
4 | 9108. Terms and conditions of transportation development |
5 | agreements. |
6 | 9109. Material default; remedies. |
7 | 9110. Financing qualifying transportation projects. |
8 | 9111. Power of eminent domain. |
9 | 9112. Police powers; motor vehicle laws. |
10 | 9113. Taxation of authorized development entity or entities. |
11 | 9114. Pennsylvania Transportation Development Trust Fund. |
12 | 9115. Regional mobility account, etc. (Reserved). |
13 | 9116. Regional mobility authority. |
14 | 9117. Turnpike lease restricted. |
15 | § 9101. Scope of chapter. |
16 | This chapter relates to transportation infrastructure |
17 | partnership and development. |
18 | § 9102. Findings and declaration of policy. |
19 | The General Assembly finds, determines and declares as |
20 | 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 that the needs of the public are |
28 | adequately addressed, alternative funding mechanisms and |
29 | strategies must be developed to supplement existing public |
30 | revenue sources. |
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1 | (4) Public entities should be authorized to enter into |
2 | transportation development agreements with private entities, |
3 | other public entities or partnerships of such entities in |
4 | order to accelerate the cost-effective delivery of improved |
5 | transportation facilities throughout this Commonwealth. |
6 | § 9103. Definitions. |
7 | The following words and phrases when used in this chapter |
8 | shall have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "Affected local jurisdiction." A county, city, township, |
11 | borough, incorporated town, local planning organization, |
12 | regional planning organization, metropolitan transportation |
13 | authority or regional mobility authority within whose |
14 | jurisdictional boundaries all or a portion of a qualifying |
15 | transportation project is located, or which is or will be |
16 | directly affected by the project. |
17 | "Approving body." In the case of a proposal subject to State |
18 | Transportation Commission review and approval under section |
19 | 9104(a) (relating to transportation development agreements), the |
20 | State Transportation Commission and the proprietary public |
21 | entity. In the case of a proposal not subject to State |
22 | Transportation Commission approval under section 9104(a), the |
23 | proprietary public entity. |
24 | "Authorized development entity." A private entity, another |
25 | public entity or any partnership of the entities authorized by |
26 | the approving body or bodies to assume responsibility for the |
27 | use of or control, in whole or in part, of a transportation |
28 | facility from a proprietary public entity. |
29 | "Department." The Department of Transportation of the |
30 | Commonwealth. |
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1 | "Design build." The mode of infrastructure development |
2 | whereby the contractor is responsible for both the design and |
3 | construction of a qualifying transportation project. |
4 | "Develop" or "development." The term includes, but is not |
5 | limited to, the acts or functions of planning, designing, |
6 | financing, constructing, purchasing, installing, adding, |
7 | extending or other activities relating to the improvement of a |
8 | transportation facility. |
9 | "Fund." The Pennsylvania Transportation Development Trust |
10 | Fund established under section 9114 (relating to Pennsylvania |
11 | Transportation Development Trust Fund). |
12 | "Intergovernmental Cooperation Act." 53 Pa.C.S. Pt. III |
13 | Subpt. D (relating to area government and intergovernmental |
14 | cooperation). |
15 | "Interim agreement." An agreement, including a memorandum of |
16 | understanding or binding preliminary agreement, between a |
17 | private entity and the responsible public entity or the affected |
18 | public entity under section 9108 (relating to terms and |
19 | conditions of transportation development agreements) which |
20 | provides for completion of studies, interim compensation rates |
21 | and any other activities to advance the development or operation |
22 | of a qualifying transportation facility. |
23 | "Local governmental entity." A unit of government with less |
24 | than Statewide jurisdiction, or any officially designated public |
25 | agency or authority of the unit of government, that has the |
26 | responsibility for planning, construction, operation or |
27 | maintenance of or jurisdiction over a transportation facility. |
28 | The term includes, but is not limited to, a county, city, |
29 | township, borough, incorporated town, municipal authority, local |
30 | or regional planning organization, metropolitan transportation |
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1 | authority, regional mobility authority or other political |
2 | subdivision or governmental entity created with less than |
3 | Statewide jurisdiction, or any combination of the entities |
4 | acting pursuant to 53 Pa.C.S. Pt. III Subpt. D (relating to area |
5 | government and intergovernmental cooperation) or a similar |
6 | statute. |
7 | "Local planning organization." An entity whose jurisdiction |
8 | does not exceed the county in which it is located, and which is |
9 | charged with transportation planning responsibilities in the |
10 | area in which a qualifying transportation project is located. |
11 | "Material default." Failure of an authorized development |
12 | entity or entities to perform any duties under a transportation |
13 | development agreement which jeopardizes delivery of adequate |
14 | service to the public and remains unsatisfied after a reasonable |
15 | period of time and after the authorized development entity or |
16 | entities has received written notice from the approving body or |
17 | bodies of the failure. |
18 | "Maximum rate of return." The negotiated maximum rate of |
19 | return a private entity can receive as an authorized development |
20 | entity from the operating and nonoperating revenues of a |
21 | transportation facility pursuant to a transportation development |
22 | agreement, including any incidental receipts and other income |
23 | derived from the transportation facility covered by the |
24 | agreement. |
25 | "Municipality Authorities Act." 53 Pa.C.S. Ch. 56 (relating |
26 | to municipal authorities). |
27 | "Operate" or "operation." Includes, but is not limited to, |
28 | the acts or functions of managing, controlling, maintaining, |
29 | repairing, conducting financial proceedings and other day-to-day |
30 | activities of an enterprise. |
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1 | "Partnership." An organization structured as a partnership |
2 | or joint venture and comprised of any combination of private |
3 | entities or public entities or both. |
4 | "Private entity." A natural person, sole proprietorship, |
5 | corporation, company, association, syndicate, partnership, |
6 | limited liability company, business trust, public benefit |
7 | corporation, nonprofit entity or any other entity not |
8 | specifically listed in this definition entering into a |
9 | transportation development agreement with a proprietary public |
10 | entity for a qualifying transportation project. |
11 | "Proprietary public entity." The public entity that owns the |
12 | proposed or existing transportation facility subject to a |
13 | transportation development agreement. |
14 | "Public entity." The Commonwealth or any department, |
15 | commission, authority or agency thereof or any local government |
16 | entity. The term shall specifically include the State |
17 | Transportation Commission, the Department of Transportation and |
18 | the Pennsylvania Turnpike Commission. For purposes of this |
19 | chapter, the term does not include the General Assembly and its |
20 | members, officers or agencies or any court or other office or |
21 | agency of the Pennsylvania judicial system. |
22 | "Qualifying transportation project." A proposed or existing |
23 | undertaking by an authorized development entity or entities for |
24 | the development or operation of a transportation facility |
25 | totally or partially within this Commonwealth. |
26 | "Regional mobility account." A separate account of the |
27 | Commonwealth within the Pennsylvania Transportation Development |
28 | Trust Fund, under the custody of the State Treasurer, into which |
29 | transportation development revenues or other funds, including |
30 | surcharges imposed by the Commonwealth, may be deposited for |
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1 | operation or development of regional transportation facilities. |
2 | "Regional mobility authority." An authority or similar local |
3 | government entity created pursuant to 53 Pa.C.S. Pt. III Subpt. |
4 | D (relating to area government and intergovernmental |
5 | cooperation), 53 Pa.C.S. Ch. 56 (relating to municipal |
6 | authorities) or other Commonwealth statute and recognized under |
7 | this chapter and regulations issued by the State Transportation |
8 | Commission for the purpose of promoting regional transportation |
9 | development. |
10 | "Regional planning organization." An entity with multicounty |
11 | jurisdiction and designated under Federal or State law with |
12 | transportation planning responsibilities in the region in which |
13 | a qualifying transportation project is located. |
14 | "Request for proposals." All materials and documents |
15 | prepared by or on behalf of a public entity to solicit proposals |
16 | from public or private entities to enter into a transportation |
17 | development agreement for a qualifying transportation project as |
18 | set forth in this chapter. |
19 | "Right-to-Know Law." The act of February 14, 2008 (P.L.6, |
20 | No.3), known as the Right-to-Know Law. |
21 | "Separations Act." The act of May 1, 1913 (P.L.155, No.104), |
22 | entitled "An act regulating the letting of certain contracts for |
23 | the erection, construction, and alteration of public buildings." |
24 | "State Adverse Interest Act." The act of July 19, 1957 |
25 | (P.L.1017, No.451), known as the State Adverse Interest Act. |
26 | "State advisor." An entity as defined in section 2 of the |
27 | act of July 19, 1957 (P.L.1017, No.451), known as the State |
28 | Adverse Interest Act. |
29 | "State consultant." An entity as defined in section 2 of the |
30 | act of July 19, 1957 (P.L.1017, No.451), known as the State |
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1 | Adverse Interest Act. |
2 | "Transportation Commission." The State Transportation |
3 | Commission of the Commonwealth established under section 468 of |
4 | the act of April 9, 1929 (P.L.177, No.175), known as The |
5 | Administrative Code of 1929. |
6 | "Transportation development agreement." A lease, license, |
7 | franchise, easement, concession or other binding agreement |
8 | transferring rights for the use or control, in whole or in part, |
9 | of a transportation facility by a proprietary public entity to |
10 | an authorized development entity or entities for a definite term |
11 | during which the authorized development entity or entities will |
12 | provide transportation-related services, including, but not |
13 | limited to, any one or more of the following: operations and |
14 | maintenance, revenue collection, toll collection enforcement, |
15 | design, construction, development and other activities with |
16 | respect to existing or new transportation facilities that |
17 | enhance throughput, reduce congestion, improve safety or |
18 | otherwise manage or improve a transportation facility in return |
19 | for the right to receive all or a portion of the revenues of the |
20 | transportation facility. |
21 | "Transportation development revenues." Money generated from |
22 | or received in support of the development or operation of a |
23 | qualifying transportation project, including, but not limited |
24 | to, user fees, service payments, surcharges, lease payments, |
25 | governmental appropriations or grants, proceeds of debt or |
26 | equity issuance, income from operations and earnings on |
27 | investments. |
28 | "Transportation facility." A road, bridge, tunnel, overpass, |
29 | ferry, busway, guideway, other public transportation facility, |
30 | vehicle parking facility, port facility, multimodal |
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1 | transportation facility, airport, station, hub, terminal or |
2 | similar facility used for the transportation of persons, animals |
3 | or goods, together with any buildings, structures, parking |
4 | areas, appurtenances and other property needed to operate the |
5 | facility. The term includes any improvements or substantial |
6 | enhancements thereto. |
7 | "User fees." Rates, tolls, fees or other charges imposed or |
8 | collected by an authorized development entity or entities for |
9 | use of all or a portion of a transportation facility pursuant to |
10 | a transportation development agreement. |
11 | § 9104. Transportation development agreements. |
12 | (a) Authorization and approval.--Subject to the provisions |
13 | of this chapter and the approval of its governing body, a |
14 | proprietary public entity has full authority to enter into a |
15 | transportation development agreement with an authorized |
16 | development entity or entities governing the development or |
17 | operation of all or any portion of a transportation facility, |
18 | except that, if the transportation development agreement results |
19 | in the proprietary public entity disposing of or relinquishing |
20 | its control of a transportation facility or pertains to a |
21 | transportation facility that receives Commonwealth funding, then |
22 | the transportation development agreement must also be reviewed |
23 | and approved by the Transportation Commission before the |
24 | proprietary public entity can enter into the agreement. |
25 | (b) Project activities authorized.--Subject to the |
26 | requirements of this chapter, a transportation development |
27 | agreement may provide for the authorized development entity or |
28 | entities to be partially or entirely responsible for any one or |
29 | more of the following activities: planning, design, development, |
30 | construction, reconstruction, improvement, extension or |
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1 | expansion, operation, repair, maintenance, management, revenue |
2 | collection or financing of a transportation facility. |
3 | (c) Repositories for materials.--The Transportation |
4 | Commission shall serve as the primary repository for all |
5 | materials relating to the review and approval of transportation |
6 | development agreements that involve transportation facilities |
7 | that receive funding from the Commonwealth or result in the |
8 | proprietary public entity disposing of or relinquishing its |
9 | control over the transportation facilities. Otherwise, the |
10 | proprietary public entity shall serve as the repository for |
11 | materials relating to the review of transportation development |
12 | agreements which do not require the approval of the |
13 | Transportation Commission. |
14 | § 9105. Proposals for transportation development agreements. |
15 | (a) Solicited proposals.--Before entering into a |
16 | transportation development agreement, the proprietary public |
17 | entity must issue a request for proposals as set forth in this |
18 | subsection. If the proposal being requested is subject to |
19 | Transportation Commission review and approval pursuant to |
20 | section 9104(a) (relating to transportation development |
21 | agreements), the request for proposals must be authorized and |
22 | issued jointly by the proprietary public entity and the |
23 | Transportation Commission. Any request for proposals shall use a |
24 | competitive procurement process that selects the authorized |
25 | development entity whose proposal provides the best value for |
26 | the proprietary public entity and for the Commonwealth. Notice |
27 | of any such request for proposals shall be published in the |
28 | Pennsylvania Bulletin and posted or published in whatever other |
29 | medium is regularly used by the proprietary public entity for |
30 | procurement matters. A request for proposals issued under this |
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1 | subsection shall include the following: |
2 | (1) The minimum scope and content of the information to |
3 | be provided by the respondent. |
4 | (2) The factors or criteria that will be used by the |
5 | approving body or bodies in evaluating the proposals and the |
6 | deadline for submitting the proposal. |
7 | (3) A statement concerning the scope and location of the |
8 | proposed project. |
9 | (4) A statement concerning any other information that |
10 | the approving body or bodies may consider in evaluating the |
11 | proposals. |
12 | (5) A statement indicating that if clarification is |
13 | needed in the evaluation of the proposals, the proprietary |
14 | public entity, together with the Transportation Commission if |
15 | its approval is required, may negotiate specific provisions |
16 | with the prospective authorized development entity that |
17 | submitted the proposal pursuant to the request for proposals. |
18 | (b) Unsolicited proposals.--A proprietary public entity may |
19 | entertain and accept for review unsolicited proposals submitted |
20 | by public or private entities for a qualifying transportation |
21 | project. To the extent a proposal is subject to Transportation |
22 | Commission review and approval pursuant to section 9104(a), the |
23 | proposal shall also be submitted to the Transportation |
24 | Commission. For proposals not subject to Transportation |
25 | Commission approval, proprietary public entities may establish |
26 | rules and procedures for accepting unsolicited proposals and may |
27 | set forth the information required to be included in unsolicited |
28 | proposals submitted by public or private entities. The |
29 | Transportation Commission shall be responsible for establishing |
30 | rules and procedures for unsolicited proposals subject to its |
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1 | approval, which shall include a review and response period not |
2 | exceeding 135 days from receipt of the unsolicited proposal for |
3 | any proposal with an estimated cost of construction greater than |
4 | $50,000,000. If an unsolicited proposal is deemed to be in |
5 | compliance with the rules and procedures as established by the |
6 | appropriate approving body and if the public entity or entities |
7 | so desire to pursue the proposed qualifying transportation |
8 | project, the proprietary public entity, jointly with the |
9 | Transportation Commission if its approval is required, must |
10 | publish a request for competing proposals in accordance with |
11 | subsection (a). Responses to requests for proposals issued in |
12 | response to the favorable review of a proposal under this |
13 | subsection shall be returned to the commission or proprietary |
14 | public entity within 60 days. |
15 | (c) Discussions and negotiations with proposing entities.--A |
16 | proprietary public entity, and the Transportation Commission |
17 | where its approval is required, may conduct discussions and |
18 | negotiations with public or private entities which have |
19 | submitted solicited or unsolicited proposals for the purpose of |
20 | clarification to assure full understanding of the proposals or |
21 | the responsiveness of solicited proposals to solicitation |
22 | requirements. |
23 | (d) Design build development; Separations Act |
24 | inapplicable.--Notwithstanding any other provision of law to the |
25 | contrary: |
26 | (1) any proposal made pursuant to this chapter may |
27 | provide for the design build mode of infrastructure |
28 | development; and |
29 | (2) in no event shall an authorized development entity |
30 | or entities be subject to the requirements of the Separations |
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1 | Act in connection with a transportation development agreement |
2 | authorized pursuant to this chapter. |
3 | (e) Federal credit assistance.--The approving body or bodies |
4 | and affected local jurisdictions may apply for, execute or |
5 | endorse applications by prospective authorized development |
6 | entities to obtain Federal credit assistance for a qualifying |
7 | transportation project. |
8 | (f) Adverse interests of proposing private entity.-- |
9 | (1) Except as provided in paragraph (2), a private |
10 | entity which is a State advisor or State consultant for the |
11 | Transportation Commission, the department, the Pennsylvania |
12 | Turnpike Commission or any other proprietary public entity |
13 | shall not be deemed to be in violation of the State Adverse |
14 | Interest Act if the private entity: |
15 | (i) prepares or submits a proposal or a response to |
16 | a request for proposals under this section; |
17 | (ii) negotiates or enters into a transportation |
18 | development agreement; or |
19 | (iii) engages in other activities in furtherance of |
20 | the provisions or purposes of this chapter. |
21 | (2) A private entity which submits an unsolicited |
22 | proposal or a response to a request for proposals shall be |
23 | prohibited from providing advice to the Transportation |
24 | Commission, the department, the Pennsylvania Turnpike |
25 | Commission or a proprietary public entity on its proposal, |
26 | any competing proposal or a request for proposals for which |
27 | it has submitted a response. |
28 | (g) Fees.--The approving body or bodies may require that a |
29 | nonrefundable fee accompany any solicited or unsolicited |
30 | proposal submitted pursuant to this section to cover all or part |
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1 | of the costs of processing, reviewing and evaluating the |
2 | proposal. |
3 | (h) Confidentiality of records.--To encourage public and |
4 | private entities to submit proposals under subsections (a) and |
5 | (b), the following information shall be considered confidential |
6 | and shall not be considered a public record subject to |
7 | disclosure, public inspection or copying under the Right-to-Know |
8 | Law, or any other act, until a final transportation development |
9 | agreement for a proposed qualifying transportation project is |
10 | entered into: |
11 | (1) All or part of a proposal, whether solicited or |
12 | unsolicited, submitted by a public or private entity or any |
13 | partnership of the entities for a proposed qualifying |
14 | transportation project, except information regarding the |
15 | scope, location and limits of the project and information |
16 | pertaining to a public or private entity's qualifications, |
17 | experience, technical competence and capability to develop |
18 | the project. |
19 | (2) Information and records created during any |
20 | discussions or negotiations arising from the process as |
21 | described in subsection (c). |
22 | (i) Disclosure of records.--Notwithstanding subsection (h), |
23 | after a transportation development agreement has been entered |
24 | into, the entire selected proposal shall be considered a public |
25 | record for purposes of disclosure under the Right-to-Know Law. |
26 | Promptly after a transportation development agreement has been |
27 | entered into, the approving body or bodies shall also make |
28 | available for inspection and copying by the public a summary of |
29 | the terms of the selected proposal and a written explanation of |
30 | the basis upon which the selection was made. Proprietary |
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1 | information contained in proposals not selected and records of |
2 | negotiations with private entities not selected shall continue |
3 | to be exempt from public disclosure. |
4 | § 9106. Review and selection of proposals. |
5 | (a) Timing of review.--For proposals subject to its |
6 | approval, the Transportation Commission, in conjunction with the |
7 | department, by published regulations shall promulgate procedures |
8 | and guidelines that establish the process for the review and |
9 | selection of a proposal submitted pursuant to section 9105(a) |
10 | and (b) (relating to proposals for transportation development |
11 | agreements). The department shall publish interim guidelines |
12 | within six months of the effective date of this section and |
13 | shall publish final regulations within two years of the |
14 | effective date of this section. The guidelines shall establish: |
15 | (1) a specific schedule for the timing of the review of |
16 | the proposals by the approving body or bodies designed with a |
17 | high priority placed upon a review schedule requiring less |
18 | than 135 days; |
19 | (2) a process for alteration of that schedule if the |
20 | approving body or bodies deem that changes are necessary |
21 | because of the scope or complexity of proposals received; and |
22 | (3) the type and amount of information that is necessary |
23 | for adequate review of proposals. A proprietary public entity |
24 | shall promulgate its own procedures and guidelines for the |
25 | review and selection of proposals which do not require |
26 | Transportation Commission approval. |
27 | (b) Asset valuation.--In evaluating any submitted proposal, |
28 | the approving body or bodies may rely on internal reports |
29 | prepared by staff familiar with the operation of similar |
30 | transportation facilities or may engage the services of the |
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1 | private consultants, engineers and other experts as the |
2 | approving body or bodies determine are necessary or desirable |
3 | for the purposes of performing the evaluations. As part of each |
4 | evaluation of any submitted proposal, the approving body or |
5 | bodies shall be required to obtain a financial and valuation |
6 | assessment with respect to the proposed qualifying |
7 | transportation project from a qualified independent advisor with |
8 | experience and expertise with similar transportation facilities. |
9 | (c) Factors for review and selection of proposals.--The |
10 | appropriate approving body or bodies may consider the following |
11 | factors in reviewing and selecting a proposal to enter into a |
12 | transportation development agreement: |
13 | (1) the ability of the qualifying transportation project |
14 | to improve safety, reduce congestion, increase capacity and |
15 | promote economic growth; |
16 | (2) the compatibility of the proposal with existing |
17 | local or regional land use plans or the commitment of local |
18 | communities to approve plans in preparation for the proposed |
19 | project; |
20 | (3) the proposed cost of and financial plan for the |
21 | qualifying transportation project; |
22 | (4) the general reputation, qualifications, industry |
23 | experience and financial capacity of the entity or entities |
24 | submitting the proposal; |
25 | (5) the proposed design, operation and feasibility of |
26 | the qualifying transportation project; |
27 | (6) comments from local citizens and affected local |
28 | jurisdictions; |
29 | (7) benefits to the public; |
30 | (8) the safety record of the entity or entities |
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1 | submitting the proposal; and |
2 | (9) other criteria that the approving body or bodies |
3 | deem appropriate. |
4 | § 9107. Affected local jurisdictions. |
5 | The Transportation Commission by published regulations shall |
6 | promulgate procedures and guidelines that establish a process in |
7 | which affected local jurisdictions receive notice of a proposed |
8 | qualifying transportation project and have an opportunity to |
9 | provide input regarding the project before a transportation |
10 | development agreement is executed. For proposed qualifying |
11 | transportation projects which do not require approval of the |
12 | Transportation Commission under section 9104(a) (relating to |
13 | transportation development agreements), the proprietary public |
14 | entity shall promulgate its own procedures and guidelines by |
15 | which affected local jurisdictions receive notice of a proposed |
16 | qualifying transportation project and have an opportunity to |
17 | provide input prior to the execution of a transportation |
18 | development agreement. |
19 | § 9108. Terms and conditions of transportation development |
20 | agreements. |
21 | (a) Proprietary public entity and authorized development |
22 | entity negotiations.--Except as otherwise expressly provided in |
23 | section 9105 (relating to proposals for transportation |
24 | development agreements) and this section, a proprietary public |
25 | entity may enter into a transportation development agreement |
26 | with an authorized development entity or entities without regard |
27 | to the provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth |
28 | Procurement Code). The proprietary public entity and authorized |
29 | development entity or entities are expressly authorized to |
30 | negotiate the provisions of a transportation development |
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1 | agreement. |
2 | (a.1) Interim agreement.--Prior to completion of a |
3 | transportation development agreement, a proprietary public |
4 | entity and an authorized development entity may negotiate an |
5 | interim agreement for the purpose of further defining project |
6 | planning and development, advance right-of-way acquisition, |
7 | design and engineering, environmental analysis and mitigation, |
8 | surveying, conducting transportation and revenue studies and |
9 | ascertaining the availability of financing for the proposed |
10 | qualifying transportation facility or facilities. The interim |
11 | agreement may also establish the process and timing of the |
12 | negotiation of the comprehensive agreement and any other |
13 | provisions related to any aspect of the development or operation |
14 | of a qualifying transportation facility that the parties may |
15 | deem appropriate. |
16 | (b) Required provisions.--A transportation development |
17 | agreement entered into under this chapter shall provide for the |
18 | following: |
19 | (1) a process by which the authorized development entity |
20 | or entities implements, sets and adjusts any user fees on any |
21 | transportation facility; |
22 | (2) the methodologies, indices or other factors for the |
23 | setting and adjusting of user fees; |
24 | (3) the original term of the transportation development |
25 | agreement, which may not exceed 50 years; |
26 | (4) dates for the beginning and completion of |
27 | construction of or improvements to the qualifying |
28 | transportation project; |
29 | (5) the transportation facility acquired or constructed |
30 | pursuant to a transportation development agreement is public |
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1 | property that is leased to the authorized development entity |
2 | and belongs to the proprietary public entity; |
3 | (6) that upon termination of the transportation |
4 | development agreement, the transportation facility must be in |
5 | a state of proper maintenance and repair and shall be |
6 | returned to the proprietary public entity in satisfactory |
7 | condition at no further cost to the public entity; |
8 | (7) maintenance of a policy or policies of liability |
9 | insurance, copies of which shall be filed with the |
10 | proprietary public entity accompanied by proofs of coverage |
11 | or self insurance, each in form and amount satisfactory to |
12 | the proprietary public entity and reasonably sufficient to |
13 | insure coverage of tort liability to the public and employees |
14 | and to enable the continued operation of the transportation |
15 | facility; and |
16 | (8) that the authorized development entity shall comply |
17 | with the act of August 15, 1961 (P.L.987, No.442), known as |
18 | the Pennsylvania Prevailing Wage Act, and 62 Pa.C.S. § 107 |
19 | (relating to reciprocal limitations). |
20 | § 9109. Material default; remedies. |
21 | (a) General rule.--Upon the occurrence and during the |
22 | continuation of a material default of a transportation |
23 | development agreement by an authorized development entity or |
24 | entities, the approving body or bodies may: |
25 | (1) Elect to take over the transportation facility which |
26 | is the subject of the transportation development agreement, |
27 | including the succession of all right, title and interest in |
28 | the transportation facility, subject to any liens on revenues |
29 | previously granted by the authorized development entity or |
30 | entities. |
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1 | (2) Terminate the transportation development agreement |
2 | and exercise any other rights and remedies that may be |
3 | available. |
4 | (b) Takeover.--In the event that the approving body or |
5 | bodies elect to take over a transportation facility under |
6 | subsection (a), the approving body or bodies: |
7 | (1) Shall collect and pay any revenues that are subject |
8 | to lien to satisfy any obligation. |
9 | (2) May develop and operate the transportation facility, |
10 | impose user fees for the use of the transportation facility |
11 | and comply with any service contracts. |
12 | (3) May solicit proposals for the maintenance and |
13 | operation of the transportation facility under section 9105 |
14 | (relating to proposals for transportation development |
15 | agreements). |
16 | § 9110. Financing qualifying transportation projects. |
17 | (a) User fees.-- |
18 | (1) Each transportation development agreement shall |
19 | authorize the authorized development entity or entities to |
20 | impose user fees for use of the transportation facility. |
21 | Unless specifically prohibited in the transportation |
22 | development agreement, the authorization shall permit the |
23 | imposition of user fees on transportation facilities not |
24 | currently subject to user fees, subject to compliance with |
25 | applicable Federal and State law and approval by the |
26 | Transportation Commission. |
27 | (2) The transportation development agreement may |
28 | authorize the authorized development entity or entities to |
29 | collect tolls or user fees through both conventional methods |
30 | and nonconventional methods, including, but not limited to, |
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1 | automatic vehicle identification systems, electronic toll |
2 | collection systems and, to the extent permitted by law, |
3 | video-based toll-collection enforcement. |
4 | (3) A maximum rate of return on investment shall be |
5 | negotiated by the proprietary public entity and the |
6 | authorized development entity or entities and stated in the |
7 | transportation development agreement. |
8 | (4) After expiration of the original term of the |
9 | transportation development agreement, the proprietary public |
10 | entity may continue to charge user fees for the use of the |
11 | transportation facility. |
12 | (5) User fees under a transportation development |
13 | agreement shall generally be uniform for similar persons and |
14 | vehicles traveling under like conditions, except as may be |
15 | required to mitigate congestion on and preserve capacity of |
16 | the transportation facility which is the subject of the |
17 | transportation development agreement. |
18 | (b) Bonding authority.--A proprietary public entity or |
19 | authorized development entity or entities may authorize the |
20 | issuance of debt, equity or other securities or obligations to |
21 | pay all or part of the costs of a qualifying transportation |
22 | project and may secure any such financing with a pledge of, |
23 | security interest in or lien on any of the user fees charged and |
24 | collected for the use of the transportation facility. However, |
25 | any bonds, debt, other securities or other financing issued for |
26 | the purposes of this chapter shall be limited obligations of the |
27 | proprietary public entity or authorized development entity or |
28 | entities and shall not be considered to constitute a debt of the |
29 | Commonwealth or any political subdivision thereof or a pledge of |
30 | the full faith and credit of the Commonwealth or any political |
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1 | subdivision thereof. |
2 | (c) Limited recourse bonds backed by pledge of portion of |
3 | Motor License Fund revenues.--(Reserved). |
4 | § 9111. Power of eminent domain. |
5 | At the request of an authorized development entity or |
6 | entities, the proprietary public entity or an affected local |
7 | jurisdiction otherwise possessing the power of eminent domain |
8 | may exercise that power for the purpose of acquiring any real |
9 | property or interests therein deemed necessary to advance the |
10 | development or operation of a qualifying transportation project. |
11 | Any amounts payable in any such eminent domain proceeding may be |
12 | paid by the proprietary public entity or the authorized |
13 | development entity or entities. |
14 | § 9112. Police powers; motor vehicle laws. |
15 | (a) Powers and jurisdiction.--All law enforcement officers |
16 | of the Commonwealth and each affected local jurisdiction shall |
17 | have the same powers and jurisdiction within the limits of a |
18 | qualifying transportation project as they have in their |
19 | respective areas of jurisdiction, and law enforcement officers |
20 | shall have access to the qualifying transportation project at |
21 | any time for the purpose of exercising their law enforcement |
22 | powers and jurisdiction. |
23 | (b) Enforcement of traffic laws.--To the extent the |
24 | qualifying transportation project includes a highway, bridge, |
25 | tunnel, overpass or similar transportation facility for motor |
26 | vehicles, the traffic and motor vehicle laws of this |
27 | Commonwealth or, if applicable, any local jurisdiction shall be |
28 | the same as those applying to conduct on similar transportation |
29 | facilities in the Commonwealth or the local jurisdiction. |
30 | (c) Payment of law enforcement costs.--The authorized |
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1 | development entity or entities shall be responsible for the |
2 | payment of all costs associated with the provision of law |
3 | enforcement services pursuant to subsections (a) and (b) within |
4 | the limits of a qualifying transportation project. |
5 | (d) Fines.--Fines imposed by law enforcement officers for |
6 | violations occurring within the limits of a qualifying |
7 | transportation project shall be imposed, collected, distributed |
8 | and governed as otherwise provided by applicable law. |
9 | § 9113. Taxation of authorized development entity or entities. |
10 | (a) General rule.--To the extent that revenues or user fees |
11 | received by an authorized development entity or entities are |
12 | subject to any tax imposed by a political subdivision prior to |
13 | the effective date of this chapter, the revenues or user fees |
14 | shall continue to be subject to the tax and to future increases |
15 | in the rate of the tax. |
16 | (b) New taxation barred.--After the effective date of this |
17 | chapter, no new tax shall be imposed by a political subdivision |
18 | on the revenues or user fees received by an authorized |
19 | development entity or entities. |
20 | (c) Realty transfer tax.--No transportation development |
21 | agreement, lease, concession, franchise or other contract |
22 | involving real property of a qualifying transportation project |
23 | shall be subject to any Commonwealth or local realty transfer |
24 | tax imposed under the act of December 31, 1965 (P.L.1257, |
25 | No.511), known as The Local Tax Enabling Act, the act of March |
26 | 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or |
27 | a successor statute. |
28 | (d) Property.--Property used in connection with a qualifying |
29 | transportation project shall be considered public property and |
30 | is exempt from ad valorem property taxes and special assessments |
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1 | levied against property by the Commonwealth or any political |
2 | subdivision. |
3 | § 9114. Pennsylvania Transportation Development Trust Fund. |
4 | (a) Establishment of fund.--The Pennsylvania Transportation |
5 | Development Trust Fund is established separate and distinct from |
6 | the General Fund of the Commonwealth. Interest earned on moneys |
7 | held in the fund shall be credited to the fund. The |
8 | Transportation Commission shall hold, administer and manage the |
9 | fund, and expenses of administering the fund shall be paid from |
10 | money in the fund. |
11 | (b) Separate accounts.--Within the fund, separate accounts |
12 | and subaccounts may be established. |
13 | (c) Deposits.--Subject to the provisions of a transportation |
14 | development agreement, the following moneys may be deposited |
15 | into the fund: |
16 | (1) Payments received from an authorized development |
17 | entity or entities under a transportation development |
18 | agreement. |
19 | (2) Revenues received from a qualifying transportation |
20 | project pursuant to a transportation development agreement |
21 | with an authorized development entity or entities. |
22 | (3) Excess earnings over the negotiated maximum rate of |
23 | return for an authorized development entity or entities in a |
24 | transportation development agreement. |
25 | (4) Surcharges or other service fees or user fees which |
26 | may be imposed or levied by the Commonwealth on passenger or |
27 | commercial travel. |
28 | (5) Appropriations, if any, made by the General |
29 | Assembly. |
30 | (6) Interest, premiums, gains or other earnings on the |
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1 | fund. |
2 | (7) Any other moneys from any sources, public or |
3 | private, that are done by donation, grant, contract, law or |
4 | other means transferred, allocated or appropriated to the |
5 | fund. |
6 | (d) Permitted uses.-- |
7 | (1) The fund shall be a separate trust fund to be |
8 | appropriated and used by the Transportation Commission, upon |
9 | majority vote thereof, solely for the operation and |
10 | development of transportation facilities wholly or partly |
11 | within this Commonwealth. Included as a permitted use of fund |
12 | moneys is the funding of regional mobility authorities |
13 | designated by the Transportation Commission. |
14 | (2) Money may not be transferred, assigned or otherwise |
15 | removed from the fund except by the Transportation Commission |
16 | and not by the General Assembly or any other agency, |
17 | authority or other political subdivision of the Commonwealth. |
18 | (3) Money in the fund at the end of the fiscal year |
19 | shall not revert to the General Fund. |
20 | § 9115. Regional mobility account, etc. (Reserved). |
21 | § 9116. Regional mobility authority. |
22 | A regional mobility authority shall be eligible to receive |
23 | transportation development revenues directly from the fund or |
24 | from a regional mobility fund. An existing local governmental |
25 | entity shall be eligible for designation as a regional mobility |
26 | authority upon application to the Transportation Commission. |
27 | § 9117. Turnpike lease restricted. |
28 | The Pennsylvania Turnpike, its additions and lease properties |
29 | may not be subject to a transfer of oversight responsibilities |
30 | through a lease, sale or other agreement unless specific |
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1 | authority is granted through an act of law passed by a majority |
2 | of members of the General Assembly. This section shall not |
3 | restrict the ability of the Pennsylvania Turnpike Commission or |
4 | the Transportation Commission to consider and approve |
5 | partnership agreements which do not require a transfer of |
6 | operational oversight from the Pennsylvania Turnpike Commission. |
7 | Section 2. This act shall take effect in 60 days. |
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