74 Pa.C.S. § 5905 — PA Code / Title 74 / Chapter 59 / Section 5905
Certain State-owned airport.
Status: in_force

Notwithstanding any other provision of law to the contrary, all right, title and interest in the property known as Mid-State Airport located in Centre County, containing 496.68 acres, more or less, including the present access road from L.R.504 to and into Mid-State Airport, shall be transferred to and held within the jurisdiction and control of the Department of General Services for all purposes, and the Department of General Services shall have the same powers and duties with respect to Mid-State Airport as it has with respect to other real estate under its jurisdiction, with the exception that the facilities currently owned, used and operated at Mid-State Airport by the Department of Environmental Resources for wild fire attack operations and full access thereto by land and by air shall remain, without charge of any kind, in the Department of Environmental Resources, it being intended that nothing herein shall diminish the ability of the Department of Environmental Resources to continue its wild fire air attack operations as conducted at and out of Mid-State Airport prior to the effective date hereof. Because this involves a transfer of State forest and State park lands, no future use of Mid-State Airport shall impair in any way the integrity of the adjacent State forest and State park lands and their ecosystems. If at any time the jurisdiction and control of the land herein transferred entails significant maintenance and operation responsibilities for the Department of General Services, then and thereafter the jurisdiction and control of the land shall be transferred to the Department of Transportation. Transfer of Powers. Section 302(h) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section 5905.
74 Pa.C.S. § 1748 — PA Code / Title 74 / Chapter 17 / Section 1748
Transfers of facilities or things of value to any authority.
Status: in_force

Any person may and is hereby authorized to sell, lease, lend, grant, convey, transfer or pay over to any authority, with or without consideration, any project or any part or parts thereof, or any interest in real or personal property or any funds available for building construction or improvement purposes, including the proceeds of bonds previously or hereafter issued

for building construction or improvement purposes, or any money or thing of value, including services, which may be used by the authority in the construction, acquisition, improvement, maintenance or operation of any project or for any other of its corporate purposes, any other law to the contrary notwithstanding.
74 Pa.C.S. § 8121 — PA Code / Title 74 / Chapter 81 / Section 8121
Annual hearing and reports.
Status: in_force

(a) Duty to testify.--Upon request, at least one commission member shall testify at a public hearing before the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives each year to present information on turnpike operations and coordination with other State agencies.

(b) Duty to report.--

(1) No later than October 1, 2022, and each October 1 thereafter, the commission shall submit a report to the General Assembly summarizing toll revenues that are collected and uncollected, and projected to be collected and uncollected, including the reasons that the toll revenues are uncollected, during the prior fiscal year.

(2) The report shall be submitted to the following:

(i) The chairperson and minority chairperson of the Transportation Committee of the Senate.

(ii) The chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(3) The report shall include the following information:

(i) The dollar amount of toll revenues collected and projected to be collected during the prior fiscal year.

(ii) The dollar amount and percentage of toll revenues collected and projected to be collected during the prior fiscal year by collection method.

(iii) The dollar amount and percentage of tolls uncollected and projected to be uncollected during the prior fiscal year.

(iv) A breakdown of uncollected tolls detailing the reason for failure to collect, including an unreadable or missing license plate, an undeliverable address or an unpaid invoice.

(c) Feasibility study.--

(1) The commission shall conduct a feasibility study to assess alternative electronic toll collection payment options. The study shall include:

(i) A review of third-party organizations that process accounts and transactions for toll collection through electronic funds transfer.

(ii) A review of electronic push notification alerts with the goal of posting a notification within 24 hours of the transaction posting to a customer's account or as soon as practicable if a valid account is not recognized at the time of the transaction.

(iii) Review of the commission's existing customer payment application.

(iv) Recommendations from the commission.

(2) The study shall be completed within one year of the effective date of this subsection and copies shall be submitted to the following:

(i) The chairperson and minority chairperson of the Transportation Committee of the Senate.

(ii) The chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
74 Pa.C.S. § 8114 — PA Code / Title 74 / Chapter 81 / Section 8114
Trust indenture authorized.
Status: in_force

(a) Security for bonds.--In the discretion of the commission, the bonds, notes or other obligations may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within this Commonwealth. The trust indenture may pledge or assign tolls and revenue to be received but shall not convey or mortgage the Pennsylvania Turnpike System, including the turnpikes and toll road conversions provided for by this chapter.

(b) Rights of bondholders.--Either the resolution providing for the issuance of the bonds, notes or other obligations or the trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders or holders of notes or other obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition of properties and the construction, maintenance, operation and repair and insurance of the turnpikes and the custody, safeguarding and application of all money. It shall be lawful for any bank or trust company incorporated under the laws of this Commonwealth to act as a depository of the proceeds of bonds, notes or other obligations or revenues and to furnish the indemnity bonds or to pledge the securities as may be required by the commission. The trust indenture may set forth the rights and remedies of the bondholders or holders of notes or other obligations and of the trustee and may restrict the individual right of action of bondholders or holders of notes or other obligations as is customary in trust indentures securing bonds, debentures of corporations, notes or other obligations. In addition to the foregoing, the trust indenture may contain other provisions as the commission may deem reasonable and proper for the security of bondholders or holders of notes or other obligations. All expenses incurred in carrying

out the trust indenture may be treated as part of the cost of maintenance, operation and repair of the turnpikes and toll road conversions provided for by this chapter.
74 Pa.C.S. § 1514 — PA Code / Title 74 / Chapter 15 / Section 1514
Asset improvement program.
Status: in_force

(a) Eligible applicants.--

(1) The following may apply for financial assistance for improvement, replacement or expansion of capital projects under this section:

(i) A local transportation organization.

(ii) An agency or instrumentality of the Commonwealth.

(iii) A person responsible for coordinating community transportation program services.

(iv) Any other person the department deems to be eligible.

(2) The department shall develop and maintain four-year and 12-year plans that summarize the capital projects and financial assistance commitments for each applicant. The department may enter into multiyear agreements to provide financial assistance for capital projects based upon cash flow and revenue projections for the fund. Each capital project shall be based on the plan developed by the department.

(b) Applications.--In addition to information required under section 1507 (relating to application and approval process), an application for financial assistance under this section shall include the following:

(1) Evidence satisfactory to the department that the proposed capital project is included in the first year of the applicant's four-year capital plan and its federally approved transportation improvement program.

(2) If an applicant is requesting financial assistance for replacement of a capital project, evidence satisfactory to the department that the capital project to be replaced has exceeded the useful life criteria as defined by the department. At its discretion, the department may approve funding to replace a capital project that does not exceed the useful life criteria if the applicant provides documentation acceptable to the department to justify the early replacement of the capital project.

(3) If the applicant is requesting financial assistance for expansion of a capital project, evidence satisfactory to the department that the applicant will have sufficient future annual operating funds to support the proposed expansion.

(4) Any other information required by the department, including a return on investment analysis or a life cycle cost analysis, or both.

(c) Local match requirements.--

(1) Financial assistance under this section shall be matched by local or private cash funding in an amount not less than 3.33% of the amount of the financial assistance being provided. The source of funds for the local match shall be subject to the requirements of section 1513(d)(3) (relating to operating program).

(2) The secretary may waive up to 75% of the local match required under paragraph (1) upon the written request of an applicant accompanied by the applicant's justification for the waiver.

(d) Conditions for receipt of bond funding.--Financial assistance that is funded by proceeds of Commonwealth capital bonds may be provided to an applicant if all of the following conditions are met:

(1) The applicant's capital project has been authorized by a capital budget project itemization act.

(2) The applicant's capital project was included in the department's approved annual release request approving the use of the funds for the proposed capital project in the fiscal year in which the funds are expected to be expended.

(3) The department has approved the underlying application for the capital project.

(e) Priorities.--The award of financial assistance under this section shall be subject to the following set of priorities in descending order of significance unless a compelling return on investment analysis for a project in a lower category is provided to and approved by the department:

(1) Requests for funds required to support existing local bond issues currently supported with State revenue sources, such as debt service and asset leases. The Commonwealth pledges to and agrees with any person, firm or corporation holding any bonds previously issued by, or any other debt incurred by, a local transportation organization and secured in whole or part by a pledge of the funds provided to the local transportation organization from the fund that the Commonwealth will not limit or alter rights vested in a local transportation organization in any manner inconsistent with obligations of the local transportation organization to the obligees of the local transportation organization until all bonds previously issued or other debt incurred, together with the interest thereon, is fully paid or provided for.

(2) Requests for funds required to match federally approved capital projects funded under 49 U.S.C. §§ 5307 (relating to urbanized area formula grants) and 5309 (relating to capital investment grants and loans) and other federally approved capital projects.

(3) Other non-Federal capital projects as determined by the department, which shall be further subject to the following set of priorities in descending order of significance:

(i) Essential emergency asset improvement projects.

(ii) Standard replacement of existing assets that have exceeded their useful life.

(iii) Asset improvement projects to extend the useful life of the affected assets.

(iv) Acquisition of new assets and other acceptable purposes, other than projects to be funded under the new initiatives program described in section 1515 (relating to new initiatives program), as determined by the department.

(e.1) Distribution.--The department shall allocate financial assistance under this section on a percentage basis of available funds each fiscal year as follows:

(1) The local transportation organization organized and existing under Chapter 17 (relating to metropolitan transportation authorities) as the primary provider of public passenger transportation for the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia shall receive 69.4% of the funds available for distribution under this section.

(2) The local transportation organization organized and existing under the act of April 6, 1956 (1955 P.L.1414,

No.465), known as the Second Class County Port Authority Act, as the primary provider of public transportation for the county of Allegheny shall receive 22.6% of the funds available for distribution under this section.

(3) Other local transportation organizations organized and existing as the primary providers of public passenger transportation for the counties of this Commonwealth not identified under paragraph (1) or (2) shall receive 8% of the funds available for distribution under this section. The department shall allocate the funds under this paragraph among the local transportation organizations.

(4) Notwithstanding paragraphs (1), (2) and (3) and before distributing the funds under paragraph (1), (2) or

(3), the department shall set aside 5% of the funds available for distribution under this section for discretionary use and distribution by the secretary.

(f) Bonding by award recipients.--With the approval of the department, an award recipient that is permitted by law to issue bonds may do so for the purpose of financing a multiyear capital project. The department shall enter into an agreement with the award recipient providing that payments of the awarded funds sufficient to satisfy requirements of the bonds issued be made directly to the trustee of the bondholders until such time as the bonds are retired. (Nov. 25, 2013, P.L.974, No.89, eff. imd.) 2013 Amendment. Act 89 amended subsec. (c) and added subsec.

(e.1). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. Cross References. Section 1514 is referred to in sections 1506, 1512, 1515 of this title.
74 Pa.C.S. § 1745 — PA Code / Title 74 / Chapter 17 / Section 1745
Use of ways occupied by passenger utilities.
Status: in_force

The authority shall not have the right to use any street or public way occupied prior to January 15, 1964, by a public utility engaged in local passenger transportation for a competing purpose without the agreement of the public utility.
74 Pa.C.S. § 9121 — PA Code / Title 74 / Chapter 91 / Section 9121
Federal, State, local and private assistance.
Status: in_force

(a) Federal assistance.--The following shall apply:

(1) The department or a proprietary public entity may accept from the United States or any of its agencies funds that are available to the Commonwealth for carrying out this chapter, whether the funds are made available by grant, loan, loan guarantee or otherwise.

(2) The department or a proprietary public entity is authorized to assent to any Federal requirements, conditions or terms of any Federal funding accepted by the department or a proprietary public entity under this section.

(3) The department or a proprietary public entity may enter into agreements or other arrangements with the United States or any of its agencies as may be necessary for carrying out the purposes of this chapter.

(b) Acceptance of grants and donations.--The department or a proprietary public entity may accept from any source any grant, donation, gift or other form of conveyance of land, money or other real, personal or mixed property or other item of value for carrying out the purpose of this chapter.

(c) Contributions.--Subject to acceptance and agreement between the development entity and a proprietary public entity, any public-private transportation project may be financed, in whole or in part, by contribution of any funds or property made by a proprietary public entity, a development entity or an affected jurisdiction.

(d) Combination of funds.--The department or proprietary public entity may combine Federal, State, local and private funds to finance a public-private transportation project under this chapter.

(e) Itemization.--Pursuant to section 7(a)(4) of Article VIII of the Constitution of Pennsylvania, a public-private transportation project funded, in whole or in part, through the issuance of debt where the credit of the Commonwealth is pledged shall be itemized in a capital budget itemization act.
74 Pa.C.S. § 1772 — PA Code / Title 74 / Chapter 17 / Section 1772
Payment of proceeds of tax levied for authority purposes.
Status: in_force

The proceeds of any tax levied for authority purposes or made available for use by the authority and collected by the Department of Revenue, which tax proceeds shall have been pledged by an authority to secure its bonds, shall be transferred by the State Treasurer to or upon the order of the authority at the times provided by law, subject to any limitations set forth in the resolution of the authority authorizing the bonds.
74 Pa.C.S. § 9103 — PA Code / Title 74 / Chapter 91 / Section 9103
Public-Private Transportation Partnership Board.
Status: in_force

(a) Establishment.--There is established a board to be known as the Public-Private Transportation Partnership Board.

(b) Composition.--The board shall be composed of the following members:

(1) The Secretary of Transportation, who shall be the chairperson of the board, or a designee who shall be an employee of the department.

(2) The Secretary of the Budget or a designee who shall be an employee of the Office of the Budget.

(3) Four members appointed by the General Assembly under subsection (c).

(4) One member appointed by the Governor under subsection (d).

(c) Legislative appointments.--

(1) Appointments of members by the General Assembly shall be made as follows:

(i) One individual appointed by the President pro tempore of the Senate.

(ii) One individual appointed by the Minority Leader of the Senate.

(iii) One individual appointed by the Speaker of the House of Representatives.

(iv) One individual appointed by the Minority Leader of the House of Representatives.

(2) Legislative appointees shall be residents of this Commonwealth and serve at the pleasure of the appointing authority.

(3) Legislative appointees shall have expertise or substantial experience in one or more of the following areas:

(i) Transportation.

(ii) Finance.

(iii) Law.

(iv) Land use and public planning.

(d) Gubernatorial appointment.--A member appointed under subsection (b)(4):

(1) May not hold any other position as an elected official or employee of the Commonwealth.

(2) Shall be a resident of this Commonwealth and have expertise or substantial experience in one or more of the following areas:

(i) Transportation.

(ii) Finance.

(iii) Law.

(iv) Land use and public planning.

(3) Shall serve at the pleasure of the Governor.

(e) Quorum.--Four members of the board shall constitute a quorum. The adoption of a resolution or other action of the board shall require a majority vote of the members of the board.

(f) Compensation.--The members of the board shall be entitled to no compensation for their services as members of the board but shall be entitled to reimbursement by the department for all necessary and reasonable expenses incurred in connection with the performance of their duties as members of the board.

(g) Initial appointment and vacancy.--Appointing authorities shall appoint initial board members within 30 days of the effective date of this section. Whenever a vacancy occurs on the board, the appointing authority shall appoint a successor member within 30 days of the vacancy.

(h) Financial interests.--No member of the board, during his term of office, shall directly or indirectly own, have any significant financial interest in, be associated with or receive any fee, commission, compensation or anything of value from any public entity or private entity seeking to engage in a public-private transportation partnership agreement. The provisions of this subsection shall not apply to the salary of a Commonwealth employee.

(i) Applicability.--The following acts shall apply to the board:

(1) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(2) The State Adverse Interest Act.

(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11 (relating to ethics standards and financial disclosure). Effective Date. Section 3(1) of Act 88 of 2012 provided that section 9103 shall take effect immediately.
74 Pa.C.S. § 1719 — PA Code / Title 74 / Chapter 17 / Section 1719
General manager.
Status: in_force

The board shall appoint a general manager, who shall be the chief operations officer of the authority and who shall have demonstrated that he is competent and experienced in the area

of transit management, and shall fix his compensation. The general manager shall have the power and duty to:

(1) Manage the properties of the authority.

(2) Attend to the day-to-day administration, fiscal management and operation of the authority's business.

(3) Appoint such employees as he deems necessary to conduct the affairs of his office, subject to the provisions of this chapter.

(4) Implement and enforce all resolutions, rules and regulations of the board.

(5) Submit to the board, according to a schedule established by it, periodic reports showing the overall state or condition of the transportation system according to established industry performance standards. These reports shall be considered public records.

(6) Implement policies established by the board.
74 Pa.C.S. § 6 — PA Code / Title 74 / Chapter 6 / Section 6
Transportation projects.
Status: in_force

The following shall apply:

(1) Except as provided under paragraphs (2) and (3), the resolution ratifying action of the Public-Private Transportation Partnership Board on November 12, 2020, approving the public-private partnership delivery model, including user fees, for interstate bridges or expressway bridges shall be rescinded.

(2) Notwithstanding any other provision of law and subject to paragraph (3), the Department of Transportation may continue work and proceed with the transportation project ratified by the resolution under paragraph (1), including any contract issued under a public-private partnership delivery model, but may not impose or collect optional user fees unless the department submits the transportation project for approval under 74 Pa.C.S. Ch. 91 after the effective date of this section.

(3) The transportation project ratified by the resolution under paragraph (1) shall only provide authority to the department for the following transportation facilities:

(i) Allegheny County, bridge keys 855 and 858.

(ii) Berks County, bridge key 4677.

(iii) Clarion County, bridge keys 10944 and 10945.

(iv) Dauphin County, bridge key 14257.

(v) Jefferson County, bridge keys 19565 and 19566.

(vi) Luzerne County, bridge keys 23645 and 23646.

(vii) Luzerne and Carbon Counties, bridge keys 8972 and 8974.

(viii) Philadelphia County, bridge keys 38533 and 38535.

(ix) Susquehanna County, bridge keys 32209 and 32210.

Explanatory Note. Act 84 amended or added sections 9102, 9104, 9105, 9109, 9110, 9115 and 9115.1 of Title 74.
74 Pa.C.S. § 9105 — PA Code / Title 74 / Chapter 91 / Section 9105
Operation of board.
Status: in_force

(a) Technical assistance.--The department shall supply all necessary assistance to assist the board in carrying out its duties and responsibilities, including retention of legal, financial and technical consultants to assist with this role.

(b) Analysis.--The following shall apply:

(1) The department shall develop a detailed analysis of a request or recommendation for a proposed transportation project prior to requesting approval by the board.

(2) The analysis shall include the following:

(i) The anticipated location of the proposed transportation project.

(ii) The type of transportation facility or transportation-related service to be improved.

(iii) The estimated costs of the proposed transportation project to the public entity.

(iv) The estimated length of the public-private transportation partnership agreement.

(v) The potential social, economic and environmental impacts of the proposed transportation project.

(vi) If the proposed transportation project proposes an optional user fee, include the estimated amount for each user group and type of user fee as described under section 9110(f) (relating to public-private transportation partnership agreement).

(vii) Applicable Federal and State laws.

(viii) Alternative courses of action to improve the transportation facility or transportation-related service without a public-private transportation partnership and the associated risks of improving the transportation facility or transportation-related service with a public-private transportation partnership.

(2.1) The department may conduct additional evaluations prior to the development of the analysis.

(3) The department shall post a copy of the analysis on the department's publicly accessible Internet website, submit the analysis to the board and the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the

Transportation Committee of the House of Representatives and transmit notice of the analysis to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin for 60 days prior to any action by the board.

(b.1) Public input.--The following shall apply:

(1) The department shall collect comments from the public on the proposed transportation project during a public comment period which shall commence with the publication of the notice in the Pennsylvania Bulletin of the analysis and shall continue for a period of not less than 30 days. Prior to any action by the board, the department shall post a copy of all submitted comments and a summary as provided under paragraph (2) on the department's publicly accessible Internet website and provide the submitted comments and summary to the board and the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(2) The summary under paragraph (1) shall include a description of the proposed transportation project, a copy of the notice that was published in the Pennsylvania Bulletin, the time period that the public was allowed to provide input and a chart or graph that accurately portrays all submitted comments, including the positive and negative public input, on the proposed transportation project.

(b.2) Evaluation and approval.--The following shall apply:

(1) After consideration of the analysis and public comment, if the board finds that the proposed transportation project is in the best interests of the Commonwealth, it may approve the proposed transportation project in the form of a resolution. For a proposed transportation project that may impose an optional user fee, unanimous approval of the board is required.

(2) Approval of a proposed transportation project, including a project with an optional user fee, shall be in the form of a resolution signed by the chairperson of the board. A copy of the resolution shall be posted on the department's publicly accessible Internet website and shall be transmitted by the department to the following entities within 48 hours after approval:

(i) The chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(ii) The Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(c) Oversight.--If a transportation project becomes a public-private transportation project, the department shall retain oversight and monitor the public-private transportation project, including periodic reports to the board, as necessary. (July 11, 2022, P.L.1566, No.84, eff. imd.) 2022 Amendment. Act 84 amended subsec. (b) and added subsecs. (b.1) and (b.2). Effective Date. Section 3(1) of Act 88 of 2012 provided that section 9105 shall take effect immediately. Cross References. Section 9105 is referred to in sections 9104, 9109 of this title.
74 Pa.C.S. § 6504 — PA Code / Title 74 / Chapter 65 / Section 6504
Testing.
Status: in_force

(a) Prearrest.--If a law enforcement officer has reasonable grounds to believe an individual has violated section 6502(a) (relating to offense), the officer may request that the individual submit to a preliminary test of blood, breath or urine on a device approved by the Department of Health for the purpose of assisting the officer in determining whether the individual is in violation of section 6502(a) and should be placed under arrest. It shall be the duty of the law enforcement officer to inform the individual at the time of the request of the penalties for refusal under subsection (c) and the reporting requirements under section 6505 (relating to reporting). If the individual after being notified of the penalties and reporting requirements refuses to submit to chemical testing, the test shall not be conducted. Nothing in this section shall be construed to require a law enforcement officer to request an individual to submit to a chemical test prior to placing the individual under arrest for a violation of section 6502(a).

(b) Postarrest.--If an individual is arrested for violation of section 6502(a), the individual shall submit to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance. It shall be the duty of the law enforcement officer to inform the individual at the time of the request of the penalties for refusal under subsection (c) and the reporting requirements under section 6505. If the individual after being notified of the penalties and reporting requirements refuses to submit to chemical testing, the test shall not be conducted.

(c) Refusal.--Notwithstanding section 6503(1) (relating to penalty), an individual who violates section 6502(a) and who refuses to submit to a test requested or required under subsection (a) or (b) shall be sentenced to pay a fine of not less than $2,500 nor more than $5,000.

(d) Test results admissible in evidence.--In a civil proceeding arising out of a violation of section 6502 or in a prosecution under section 6502, the amount of alcohol or the presence of a controlled substance in the individual's blood as shown by chemical testing, conducted by a qualified

individual using approved equipment, of the individual's breath, blood or urine shall be admissible in evidence. The following apply:

(1) Chemical tests of breath must be performed on devices approved by the Department of Health using procedures prescribed jointly by regulations of the Department of Health and the Department of Transportation. Devices must have been calibrated and tested for accuracy within a period of time and in a manner specified by regulations of the departments. For purposes of breath testing, a "qualified individual" means an individual who has fulfilled the training requirement in the use of the equipment in a training program approved by the departments. A certificate or log showing that a device was calibrated and tested for accuracy and that the device was accurate shall be presumptive evidence of those facts in every proceeding in which a violation of this chapter is charged.

(2)

(i) Chemical tests of blood or urine, if conducted by a facility located in this Commonwealth, must be performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal laboratory. For purposes of blood and urine testing, a "qualified individual" means an individual who is authorized to perform those chemical tests under the act of September 26, 1951 (P.L.1539, No.389), known as The Clinical Laboratory Act.

(ii) For purposes of blood and urine testing to determine blood alcohol or controlled substance content levels, the procedures and equipment prescribed by the Department of Health shall be reviewed within 120 days of the effective date of this subparagraph and at least every two years thereafter to ensure that consideration is given to scientific and technological advances so that testing conducted in accordance with the prescribed procedures utilizing the prescribed equipment will be as accurate and reliable as science and technology permit.

(3) Chemical tests of blood or urine, if conducted by a facility located outside this Commonwealth, must be performed:

(i) by a facility licensed and approved by the Department of Health for this purpose; or

(ii) by a facility licensed to conduct the tests by the state in which the facility is located and licensed pursuant to the Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).

(e) Refusal admissible in evidence.--In a civil action arising out of a violation of section 6502 or a prosecution under section 6502, the fact that the individual refused to submit to chemical testing as required by subsection (a) or (b) may be introduced in evidence along with other testimony concerning the circumstances of the refusal. No presumptions shall arise from this evidence, but it may be considered along with other factors concerning the charge.

(f) Other evidence admissible.--This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of the amount of alcohol or the presence of a controlled substance in the defendant's blood.

(g) Test results available to defendant.--Upon the request of the individual tested or the individual charged under section

6502(b), the results of a chemical test shall be made available to the individual or the individual's attorney.

(h) Test by personal physician.--The individual tested shall be permitted to have a physician of the individual's choosing administer an additional breath, blood or urine chemical test, and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the law enforcement officer shall not be delayed by the individual's attempt to obtain an additional test.

(i) Request by individual.--An individual involved in an accident or placed under arrest for a violation of section 6502 may request a chemical test of the individual's breath, blood or urine. A request under this subsection shall be honored when it is reasonably practicable to do so.

(j) Immunity from civil liability and reports.--No physician, nurse or technician or hospital employing the physician, nurse or technician, and no other employer of the physician, nurse or technician, shall be civilly liable for withdrawing blood or obtaining a urine sample and reporting test results at the request of a law enforcement officer pursuant to this section. No physician, nurse or technician or hospital employing the physician, nurse or technician may administratively refuse to perform a test and provide the results except for good cause. Cross References. Section 6504 is referred to in section 6505 of this title.
74 Pa.C.S. § 1505 — PA Code / Title 74 / Chapter 15 / Section 1505
Regulations.
Status: in_force

(a) General rule.--To effectuate and enforce the provisions of this chapter, the department shall promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which financial assistance may be provided under this chapter.

(b) Temporary regulations.--

(1) Unless otherwise provided in this chapter, in order to facilitate the prompt implementation of this chapter, during the two-year period following the effective date of this section, the department shall promulgate temporary regulations which shall expire four years from the effective date of this section. The temporary regulations shall be exempt from the following:

(i) Sections 201, 202, 203 and 204 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(ii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) The authority of the department to promulgate temporary regulations under this subsection shall expire two years from the effective date of this section. Regulations adopted after the two-year period shall be promulgated as provided by statute.
74 Pa.C.S. § 1727 — PA Code / Title 74 / Chapter 17 / Section 1727
Investigations and subpoenas.
Status: in_force

(a) Procedure.--The board may investigate all means of transportation and the management thereof, the enforcement of its resolutions, rules and regulations and the action, conduct and efficiency of all officers, agents and employees of the authority. In the conduct of investigations, the board may hold public hearings on its own motion and shall do so on complaint

or petition of any municipality in the metropolitan area. Each member of the board shall have power to administer oaths, and the secretary, by order of the board, shall issue subpoenas to secure the attendance and testimony of witnesses and the production of books and papers relevant to investigations and to any hearing before the board or any member thereof, or any officers' committee or employees' committee, appointed by the board to hear any complaint of an officer or employee who has been discharged or demoted.

(b) Enforcement.--Any court of record of this Commonwealth or any judge thereof, either in term time or vacation, upon application of the board or any member thereof may, in his discretion, compel the attendance of witnesses, the production of books and papers and giving of testimony before the board or before any member thereof or any officers' committee or employees' committee appointed by the board by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court.
74 Pa.C.S. § 301 — PA Code / Title 74 / Chapter 3 / Section 301
Definitions.
Status: in_force

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:

"Department." The Department of Transportation of the Commonwealth.
74 Pa.C.S. § 8123 — PA Code / Title 74 / Chapter 81 / Section 8123
Construction of chapter.
Status: in_force

This chapter shall be regarded as supplemental and additional to powers conferred by other statutes and shall not be regarded as in derogation of any powers now existing and shall be liberally construed to effect its purposes.
74 Pa.C.S. § 1750 — PA Code / Title 74 / Chapter 17 / Section 1750
Contracts, procurement and sale of property.
Status: in_force

(a) Competitive bids.--Except in the purchase of unique articles or articles which, for any other reason, cannot be obtained in the open market and except as provided in section 1741 (relating to general powers) and as provided in this chapter, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance or for rendering any services to the authority other than professional services. Purchases shall be made from or the contract shall be awarded to the lowest responsive, responsible bidder. Sales shall be made to the highest responsive, responsible bidder. No purchase of any unique article or other articles which cannot be obtained in the open market shall be made without express approval of the board where the amount involved is in excess of $25,000. The authority shall not be subject to 62 Pa.C.S. Ch. 39 (relating to contracts for public works). Nothing in this section or any other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering,

construction management or other professional services required by the authority.

(b) Procedure.--All purchases and sales in excess of $25,000 shall be awarded after advertising in a local newspaper of general circulation in the metropolitan area at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.

(c) Qualified vendors.--(Deleted by amendment).

(d) Small purchases.--Except as set forth in 62 Pa.C.S. § 3742 (relating to procurement limits for mass transportation authorities), purchases or sales with a base price under $18,500, subject to adjustment under subsection (l), may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the general manager.

(e) Waiver.--Competitive bidding requirements may be waived if it is determined by the general manager, or in such other manner as the board may provide, that an emergency directly and immediately affecting customer service or public health, safety or welfare requires immediate delivery of supplies, materials, equipment or services. A record of circumstances explaining the emergency shall be submitted to the board at its next regular meeting and thereafter kept on file.

(f) Sale or lease of real property.--Contracts for the sale or lease of real property owned by the authority shall be awarded after competitive bidding as shown in subsection (b), except as provided in section 1741(a)(22) where the contract is entered into with the Commonwealth or any government agency or with the United States government or any agency or instrumentality thereof or as provided in section 1741(a)(24).

(g) Property management contracts.--Contracts for the management of authority-owned property, such as bus routes or subway systems, may be negotiated and awarded by an affirmative vote of one more than a majority of all members of the board.

(h) Avoidance prohibited.--Requirements shall not be split into parts for the purpose of avoiding the provisions of this section.

(i) Rejection of bids.--The authority shall have the right to reject any or all bids or parts of any or all bids, whenever, in the opinion of the board, rejection is necessary for the protection of the interests of the authority. In every case, a record shall be made setting forth the reason for the rejection, which record shall thereafter be kept on file.

(j) Rules and regulations.--The board may by resolution adopt policies to effectuate the provisions of this section.

(k) Concessions.--All concessions granted by the authority for the sale of products or the rendition of services for a consideration on authority property shall be awarded only under written specifications after competitive bidding and to the highest responsive, responsible bidder in a manner similar to that required by subsection (b). This requirement for competitive bidding shall not apply to any concession which has been granted by a transportation system acquired by the authority and which by the terms of the agreement granting it will terminate within one year from date of the acquisition of

the transportation system by the authority nor to any concession involving the estimated receipt by the authority of less than the base amount of $18,500, subject to adjustment under subsection (l), over the period for which the concession is granted.

(l) Adjustments.--Adjustments to the base amounts specified under subsections (b), (d) and (k) shall be made as follows:

(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the 12-month period ending September 30, 2012, and for each successive 12-month period thereafter.

(2) If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.

(3)

(i) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be rounded to the nearest $100 to determine the final adjusted base amounts for purposes of subsections (b),

(d) and (k).

(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest $100 to determine the new final adjusted base amounts for purposes of subsections (b), (d) and (k).

(5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.

(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7) The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (b) or (k) and the amount at which competitive bidding may apply to purchase sales under subsection (d), for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed 3%. (Nov. 3, 2011, P.L.367, No.90, eff. imd.) 2011 Amendment. Section 4 of Act 90 provided that Act 90 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 4.
74 Pa.C.S. § 1714 — PA Code / Title 74 / Chapter 17 / Section 1714
Resignation and vacancies.
Status: in_force

(a) Removal and vacancy.--Members of the board shall hold office until their respective successors have been appointed and have qualified. The appointing power may remove any member of the board appointed by that appointing power, but only in case of incompetency, neglect of duty or malfeasance in office. No member shall be thus removed except after having been given a copy of the charges against the member and an opportunity to be publicly heard at a place in the metropolitan area, in person or by counsel, in his own defense upon not less than ten days' written notice. In case of failure to qualify within the time

required or of abandonment of his office or in case of death, conviction of a felony or removal from office, that office shall become vacant.

(b) Abandonment.--A member shall be deemed to have abandoned his office upon failure to attend any regular or special meeting of the board, without excuse approved by resolution of the board, for a period of four months or upon removal of his residence from the metropolitan area.

(c) Filling of vacancy.--Each vacancy shall be filled for the unexpired term by appointment in like manner and with like regard as to the place of residence of the appointee as in case of expiration of the term of a member of the board.

(d) Appeal.--A member removed for incompetency, neglect of duty or malfeasance in office shall have the right to appeal that removal to the court of common pleas of the county for which that member was appointed, but only on the ground of error of law or manifest and flagrant abuse of discretion.
74 Pa.C.S. § 2103 — PA Code / Title 74 / Chapter 21 / Section 2103
Transfers and deposits to fund.
Status: in_force

In addition to appropriations, deposits or transfers to the fund, interest earned on money in the fund shall be deposited in the fund.
74 Pa.C.S. § 47 — PA Code / Title 74 / Chapter 47 / Section 47
Costs incurred by department.
Status: in_force

The sum of $1,000,000 is appropriated to the Department of Transportation from the Multimodal Transportation Fund for costs incurred by the department in the administration of the programs under 74 Pa.C.S. § 2104(a)(1). 2016, NOVEMBER 3, P.L.1053, NO.135
74 Pa.C.S. § 9304 — PA Code / Title 74 / Chapter 93 / Section 9304
Special exceptions.
Status: in_force

Notwithstanding section 2(c) of the bridge capital budget act:

(1) A local government that participates in the program shall be eligible for a reduction of up to 100%, as determined by the Secretary of Transportation, of its share of local costs associated with the design and construction of the bridge determined to be eligible for the program by the secretary.

(2) A local government that refuses to participate, or has been deemed to have refused to participate, in the program after receiving notification from the department under section 9303(d) (relating to Bridge Bundling Program) shall be responsible for 30% of the non-Federal share of the costs incurred with respect to the local government's bridges replaced or rehabilitated under programs other than the program established in this chapter.
74 Pa.C.S. § 9110 — PA Code / Title 74 / Chapter 91 / Section 9110
Public-private transportation partnership agreement.
Status: in_force

(a) Agreement provisions.--A public-private transportation partnership agreement shall include the following provisions:

(1) A description of any planning, development, design, leasing, acquisition or interest in, financing, installation, construction, reconstruction, replacement, expansion, operation, maintenance, improvement, equipping, modification, expansion, enlargement, management, running, control and operation of the public-private transportation project.

(2) The term of the public-private transportation partnership agreement.

(3) The type of property interest or other relationship the development entity will have in or with respect to the public-private transportation partnership project, including

acquisition of rights-of-way and other property interests that may be required.

(4) Authorization for the proprietary public entity or its authorized representatives to inspect all assets and properties of the public-private transportation project and all books and records of the development entity relating to the public-private transportation project to review the development entity's performance under the public-private transportation partnership agreement.

(5) Grounds for termination of the public-private transportation partnership agreement by the parties.

(6) Procedures for amendment of the public-private transportation partnership agreement.

(7) The rights and remedies available in the event of breach, default or delay.

(8) Requirements for a private development entity to provide performance and payment bonds, parent company guarantees, letters of credit or other acceptable forms of security in an amount acceptable to the proprietary public entity.

(9) A requirement that ownership of a transportation facility acquired or constructed go to or remain with the proprietary public entity.

(10) Standards for construction, maintenance and operation of the public-private transportation project if the activities are to be performed by the development entity.

(11) Standards for capital improvement or modification of the public-private transportation project if they are to be made by the development entity.

(12) Standards relating to how payments, if any, are to be made by the proprietary public entity to the development entity, including availability payments, performance-based payment and payments of money and revenue-sharing with the development entity.

(13) Standards relating to how the parties will allocate and share management of the risks of the public-private transportation project.

(14) Standards relating to how the parties will allocate costs of development of the public-private transportation project, including any cost overruns.

(15) Standards relating to damages to be assessed for nonperformance, specifying remedies available to the parties and dispute resolution procedures.

(16) Standards relating to performance criteria and incentives.

(17) A requirement that upon termination of the public-private transportation partnership agreement, a transportation facility that was the subject of the public-private transportation partnership agreement 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 proprietary public entity.

(18) Provisions for law enforcement related to the public-private transportation project.

(19) An obligation of the development entity to offer employment to any employee of the proprietary public entity who would lose employment due to the execution of the public-private transportation partnership agreement and who is in good standing at the time of execution of the public-private transportation partnership agreement, including salary, retirement, health and welfare and benefits

which are substantially identical to the benefits received by the employees immediately prior to execution of the public-private transportation partnership agreement for the term of the collective bargaining agreement of those employees in effect. An employee of the proprietary public entity who does not accept employment with the development entity shall be reassigned to an equivalent position, without loss of seniority, within a worksite in as close proximity to the public-private transportation project as feasible. Nothing in this paragraph shall impair provisions related to furloughs and layoffs of the collective bargaining agreement of those employees in effect.

(20) Other terms and provisions as required under this chapter or agreed to by the development entity and the proprietary public entity.

(b) Term.--The proprietary public entity may enter into a public-private transportation partnership agreement with any development entity that includes the provisions under subsection

(a) for a term not to exceed 99 years.

(c) Public partner.--Nothing in this chapter shall prohibit the department from entering into a public-private transportation partnership agreement with another Commonwealth agency in accordance with this chapter.

(d) Public entity.--Nothing in this chapter shall prohibit a public entity from entering into a public-private transportation partnership agreement with one or more public entities in accordance with this chapter.

(e) Environmental costs.--

(1) A proprietary public entity may provide in a public-private transportation partnership agreement that it will pay or reimburse, on terms that it deems appropriate, the development entity for actual costs associated with necessary remediation for existing environmental contaminants located on, under or emanating from the real property associated with a public-private transportation project as of the date the development entity assumes responsibility for the public-private transportation project. If the public-private transportation partnership agreement provides for environmental remediation, the public-private transportation partnership agreement shall require that the proprietary public entity be given:

(i) Prompt notice of any claim against the proprietary public entity or a third party pertaining to the contaminants.

(ii) The right to elect to undertake the necessary remediation.

(iii) The right to participate in the defense of or response to any claim.

(iv) The right of prior approval before the development entity may settle any claim.

(2) No payment by a proprietary public entity under this section may be for anything other than actual costs incurred by a development entity to remediate the environmental contamination on, under or emanating from the real property associated with the public-private transportation project as of the date the development entity assumes responsibility for the public-private transportation project.

(f) Optional user fees.--A provision establishing whether optional user fees will be imposed for use of the public-private transportation project and the basis by which any optional user fees will be imposed and collected shall be determined in the

public-private transportation partnership agreement. If an optional user fee is proposed as part of the public-private transportation project, a proprietary public entity shall include provisions in the agreement that authorize the collection of optional user fees, tolls, fares or similar charges, including provisions that:

(1) Specify technology to be used in the public-private transportation project.

(2) Establish circumstances under which the proprietary public entity may receive a share of revenues from the charges.

(3) Govern the enforcement of optional electronic tolls, including provisions for use of available technology.

(4) Establish payment collection standards, including provisions for enforcement of nonpayment and penalties.

(5) In the event an operator of a vehicle fails to pay the optional toll or user fee at any location on a public-private transportation project where optional tolls or user fees are collected by means of an electronic or other automated or remote form of collection, the collection provisions of section 8117 (relating to electronic toll collection) shall apply except that the development entity shall possess all of the rights, roles, limitations and responsibilities of the Pennsylvania Turnpike Commission.

(g) Amounts received under a public-private transportation partnership agreement.--The net proceeds received by the proprietary public entity under a public-private transportation partnership agreement shall be available exclusively to provide funding for transportation needs in this Commonwealth. The use of the proceeds or other revenues from the public-private transportation project shall comply with Federal or State law restricting or limiting the use of revenue from the public-private transportation project based on its public funding. (July 11, 2022, P.L.1566, No.84, eff. imd.) 2022 Amendment. Act 84 amended subsec. (f). Cross References. Section 9110 is referred to in sections 9105, 9117 of this title.
74 Pa.C.S. § 1728 — PA Code / Title 74 / Chapter 17 / Section 1728
Conflicts of interest.
Status: in_force

Every member of the board and every employee of the authority shall be subject to the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law.
74 Pa.C.S. § 1510 — PA Code / Title 74 / Chapter 15 / Section 1510
Program oversight and administration.
Status: in_force

(a) Review and oversight.--The department shall initiate and maintain a program of financial and performance review and oversight for all programs receiving financial assistance under this chapter. The department may perform independent financial audits of each award recipient to ensure compliance by award recipients with this chapter, department regulations and policies and financial assistance agreements. Audits shall be conducted in accordance with generally accepted auditing standards.

(b) State Rail Transit Safety Inspection Program.--The department may conduct a State Rail Transit Safety Inspection Program, as may be defined from time to time by the Federal Transit Administration, to meet oversight requirements of the Federal Transit Administration. The public transportation modes covered shall include heavy rail, light rail, trackless trolley bus and inclined plane services and related facilities.

Cross References. Section 1510 is referred to in section 1516 of this title.
74 Pa.C.S. § 9108 — PA Code / Title 74 / Chapter 91 / Section 9108
Requests.
Status: in_force

A request may be solicited or unsolicited and may provide for the development or operation of transportation facilities using a variety of project delivery methods and forms of agreement. The methods may include:

(1) Predevelopment agreements leading to other implementing agreements.

(2) A design-build agreement.

(3) A design-build-operate agreement.

(4) A design-build-maintain agreement.

(5) A design-build-finance-operate agreement.

(6) A design-build-operate-maintain agreement.

(7) A design-build-finance-operate-maintain agreement.

(8) An operate-maintain agreement.

(9) A concession providing for the development entity to design, build, operate, maintain, manage or lease a transportation facility.

(10) Any other innovative or nontraditional project delivery method or agreement or combination of methods or agreements that the public entity determines will address the transportation needs of the Commonwealth and the public entity and serve the public interest.
74 Pa.C.S. § 1785 — PA Code / Title 74 / Chapter 17 / Section 1785
Repeal.
Status: in_force

All acts and parts of acts are repealed insofar as they are inconsistent with this chapter.
74 Pa.C.S. § 9202 — PA Code / Title 74 / Chapter 92 / Section 9202
Maintenance agreement.
Status: in_force

(a) Agreement.--A municipality may enter into an agreement with the department to replace, synchronize and time traffic signals located within a critical or designated traffic corridor. The terms of the agreement may specify that the municipality provide services to the department. The agreement shall not exceed the time period of the useful life of the traffic signals. The municipality shall, during the duration of the agreement, properly maintain and time the traffic signals in accordance with the agreement.

(b) Critical corridors.--A municipality shall enter into an agreement with the department under terms specified under subsection (a) for critical corridors. A municipality shall provide to the department in a timely manner all traffic and intersection data that the municipality maintains for critical corridors and establish and agree to an operations plan with the department for critical corridors.

(c) Prioritization.--The department shall prioritize critical corridors and designated traffic corridors where proper signalization will provide the most benefit to the traveling public and reduce congestion. Priorities shall be reevaluated and updated as part of the 12-year transportation improvement plan cycle.

(d) Intergovernmental cooperation.--Two or more municipalities may enter into an agreement with the department if a designated traffic corridor is located in two or more municipalities.

(e) Maintenance.--If the department determines that one or more traffic signals are not being maintained or timed in accordance with an agreement under subsection (a) or an existing agreement, the department shall provide written notice to all municipalities subject to the agreement no less than 60 days prior to taking any action to correct the deficient maintenance and timing. The written notice shall specify the maintenance and timing deficiencies that are to be corrected.

(1) A municipality subject to an agreement under subsection (a) shall have 60 days to correct the deficiencies contained in the written notice or to contest, in writing, the findings of the department within 30 days following receipt of the written notice.

(2) The requirement that the municipality correct the deficiencies within 60 days following receipt of the written notice shall be temporarily stayed if the municipality timely contests the department's findings in writing.

(3) A municipality that contests the deficiencies specified in the written notice shall have 30 days to reach a written understanding with the department related to the deficiencies specified in the written notice.

(4) If the department and the municipality do not reach a written understanding under paragraph (3), the department and the municipality shall select a civil engineer licensed by the Commonwealth who has substantial experience in traffic engineering to mediate the dispute. The engineer chosen must not be under an existing contract with the department or municipality unless the contract is specifically related to traffic signal mediation.

(f) Failure of municipality to perform.--If a municipality that has entered into an agreement with the department under subsection (a) fails to meet the requirements of subsection

(e)(1) or (2), the department may take action to correct the deficiencies specified in the notice under subsection (e).

(g) Payment for failure to correct deficiencies.--If the department takes action under subsection (f), the department may deduct the actual costs of correcting the deficiencies in maintenance and timing from the payments made to the municipality under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania Turnpike) and 95 (relating to taxes for highway maintenance and construction).

(h) Cities of the first or second class.--Notwithstanding any other provision of law, the department may own, install, replace, synchronize, time, operate or maintain traffic signals within a city of the first class or a city of the second class.

(i) Department-managed signals.--The following apply:

(1) In accordance with subsection (c), the department may own, install, replace, synchronize, time, operate or maintain a traffic signal and all associated signs and markings included on a department-approved traffic signal plan within a municipality if the department publishes the location of the signal or the critical corridor as a notice in the Pennsylvania Bulletin.

(2) A municipality shall enact any ordinances and enter into any agreements necessary to complete the transfer of all rights and duties to department-managed signals under this subsection.

(j) Special pilot program for department-managed signals.--(Expired). (July 20, 2016, P.L.861, No.101, eff. 60 days) 2022 Expiration. Subsection (j) expired January 1, 2022. See Act 101 of 2016. 2016 Amendment. Act 101 amended subsec. (a) and added subsecs. (h), (i) and (j). Applicability. Section 43(5) of Act 89 of 2013 provided that section 9202 shall apply to contracts entered into on or after the effective date of section 43.
74 Pa.C.S. § 5918 — PA Code / Title 74 / Chapter 59 / Section 5918
Judicial review.
Status: in_force

Any person aggrieved or taxpayer affected by any decision of a board may appeal to the court of common pleas as provided by law. In cases where applicable law does not provide an appeal from a municipality to a board, a person or taxpayer may appeal from a decision of a municipality or joint airport zoning board, as provided by law for similar zoning proceedings. Cross References. Section 5918 is referred to in section 5919 of this title.
74 Pa.C.S. § 1504 — PA Code / Title 74 / Chapter 15 / Section 1504
Department authorization.
Status: in_force

(a) General.--

(1) The department may, within the limitations provided in this chapter, incur costs directly and provide financial assistance for the purposes and activities enumerated in this chapter.

(2) In the event of imminent service termination, the department shall make every effort to contract with a local transportation organization to provide the programs, activities and services enumerated in this chapter. After all local transportation organization contracting options are exhausted, the department may contract with a transportation company to provide the programs, activities and services enumerated in this chapter. The operation of the programs, activities and services administered by the department and provided by the local transportation organization or transportation company under this subsection shall not be subject to the jurisdiction of the Pennsylvania Public Utility Commission.

(b) Supplementation of Federal and local funds.--The authority conferred on the department by this chapter includes providing financial assistance for public passenger transportation purposes and supplementing Federal funding or local funding or both. (Nov. 25, 2013, P.L.974, No.89, eff. imd.) 2013 Amendment. Act 89 amended subsec. (a). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
74 Pa.C.S. § 5702 — PA Code / Title 74 / Chapter 57 / Section 5702
Commencement of proceedings for summary offenses.
Status: in_force

In cases where the alleged violation of this chapter is designated a summary offense, proceedings shall be instituted under applicable law within 30 days after the commission of the alleged violation. If the proceedings are instituted against a person prima facie guilty of an offense and it subsequently appears that another person was the violator, proceedings may be instituted against the other person within 30 days after his identity has been discovered.
74 Pa.C.S. § 1741 — PA Code / Title 74 / Chapter 17 / Section 1741
General powers.
Status: in_force

(a) Powers enumerated.--An authority shall have and may exercise all powers necessary or convenient for the carrying out of the purposes of this chapter, including the following rights, powers and duties:

(1) To have perpetual existence.

(2) To sue and be sued, implead and be impleaded, complain and defend in all courts, petition the Interstate Commerce Commission or any other Federal or State regulatory body or join in any proceeding before any such bodies or courts in any matter affecting the operation of any project of the authority.

(3) To adopt and use and alter at will a corporate seal.

(4) To establish a principal office within the county of the first class and such other office or offices as may be necessary for the carrying on of its duties.

(5) To make and from time to time to amend and repeal bylaws, rules, regulations and resolutions.

(6) To conduct examinations and investigations and to hear testimony and take proof under oath or affirmation at public or private hearings, as provided in this chapter, on any matter material to the public purposes set forth in this chapter.

(7) To appoint officers, agents, employees and servants and to prescribe their duties and fix their compensation, subject, however, to specific provisions of this chapter. Members of the board, as well as officers and employees of the authority, shall not be liable personally on any obligations, including, but not limited to, bonds of the authority.

(8) To enter into contracts of group insurance for the benefit of its employees or to continue any existing insurance and/or pension or retirement system and/or any other employee benefit arrangement covering employees of an acquired existing transportation system and/or to set up a retirement or pension fund or any other employee benefit arrangement for its employees.

(9) To procure such insurance, letters of credit, liquidity facilities, guaranties and sureties containing such coverages, including, but not limited to, contracts insuring or guaranteeing the timely payment in full of principal of and interest on bonds of the authority, or providing liquidity for purchase of bonds of the authority in such amounts, from such insurers, sureties, guarantors or other persons, as the authority may determine to be necessary or desirable for its purposes.

(10) To self-insure or otherwise provide for the insurance of any property or operations of the authority against any risks or hazards.

(11) To invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, as authorized by section 1761 (relating to management of funds).

(12) To acquire by purchase, gift or otherwise, hold, lease as lessee and use any franchise, right or property, real, personal or mixed, tangible or intangible, or any interest or right therein necessary, desirable or useful for carrying out the purposes of the authority; to sell, lease as lessor, transfer, dispose of or otherwise convey any franchise, right or property, real, personal or mixed, tangible or intangible, or any interest or right therein, at any time acquired by it; or to exchange the same for other property or rights which are useful for its purposes.

(13) To acquire by eminent domain any real or personal property, including improvements, fixtures and franchises of any kind whatever, for the public purposes set forth in this chapter in the manner provided in this chapter.

(14) To acquire by purchase, lease or otherwise and to construct, improve, maintain, repair and operate passenger transportation facilities and a transportation system or systems or portions thereof and to pay all costs thereof, including, but not limited to, the costs of all work and materials incidental thereto and all amounts necessary to place any project into operation.

(15) To fix, alter, charge and collect fares, rates, rentals and other charges for its facilities by zones or otherwise at reasonable rates to be determined exclusively by it, subject to appeal, as provided in this chapter for

the purpose of providing for the payment of all expenses and obligations of the authority, including the acquisition, construction, improvement, repair, maintenance and operation of its facilities and properties, the maintenance and operation of a transportation system, the payment of the principal and interest on its obligations, and to comply fully with the terms and provisions of any agreements made with the purchasers of bonds or obligees of the authority. An authority shall determine by itself, exclusively, the facilities to be operated by it, the services to be available and the rates to be charged therefor. Public hearings shall be held prior to such determinations when changes are proposed which would increase or decrease fares, establish new routes, eliminate routes, change routes or make substantial changes in the level of service scheduled. However, public hearings need not be held for route changes, fares or level of scheduled service in the case of temporary changes not exceeding 90 days caused by emergencies; promotional fares or services, or experimental services, adopted to increase revenue and ridership, subject to board resolution; or special events in which the authority participates as provided by board resolution. Notice of public hearings shall be published in two newspapers of general circulation and a publication specifically designed to reach minorities not fewer than 30 calendar days prior to such hearing. Any person aggrieved by any rate or service or change of service fixed by the authority may bring an appeal against the authority for the purpose of protesting against any such charge, service or change of service. The grounds for the suits shall be restricted to a manifest and flagrant abuse of discretion or an error of law; otherwise, all actions by the authority shall be final. Upon the finding of an error of law or a manifest and flagrant abuse of discretion, the court shall issue an order setting forth the abuse or error and returning the matter to the authority for such further action as shall be not inconsistent with the findings of the court. No appeal from the action of the authority or from the decision of the court of common pleas shall act as a supersedeas, except when taken by the authority or, in other cases, when specially granted after a finding that irreparable and extraordinary harm will result. The courts shall give priority to all appeals, and no bond shall be required of any party instituting such an appeal under the provisions of this section.

(16) To fix rates, fares and charges in such manner that they shall be at all times sufficient in the aggregate, and in conjunction with any grants from Federal or other sources and any other income available to the authority, to provide funds for the payment of all operating costs and expenses which shall be incurred by the authority, for the payment of the interest on and principal of all bonds payable from the revenues and to meet all other charges upon such revenues as provided by any trust agreement executed by the authority in connection with the issuance of bonds.

(17) To enter into agreements with the United States Postal Service or any successor organization for the transportation of mail and payment of compensation to the authority in lieu of fares for the transportation of letter carriers in uniform at all times. The board may provide free transportation for firefighters in uniform and police officers when in uniform or when not in uniform upon presentation of identification as police officers. The board

may provide free transportation for employees of the authority when in uniform or upon presentation of identification as such employees, provide free transportation to dependents of employees of the authority upon presentation of identification as provided by the board and enter into reciprocal arrangements to provide free transportation to employees and dependents of employees of other transportation agencies.

(18) To borrow money from any person for the purpose of paying the costs of any project or in anticipation of the receipt of income of the authority and to evidence the same; make and issue bonds of the authority; secure the payment of such bonds or any part thereof by pledge of or security interest, which may be a senior, parity or subordinated pledge or security interest, in all or any of its revenues, rentals, receipts and contract rights and all or any of its moveable equipment and other tangible personal property; to secure the payment of such bonds or any part thereof by a mortgage lien on real property of the authority or any interest therein, provided, however, that no such lien shall extend to real property of the authority comprising rights of way, easements or any other interests in real property used or useful for passage of transportation vehicles or necessary for the safe and sound routing or control of transportation vehicles; issue bonds on an unsecured basis; issue bonds on a limited recourse or nonrecourse basis; issue bonds under a master trust indenture; make agreements with the purchasers or holders of bonds or with other obligees of the authority in connection with any bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the purchasers or obligees of the authority; obtain credit enhancement or liquidity facilities in connection with any bonds as the authority shall determine to be advantageous; and, in general, provide for the security for the bonds and the rights of the obligees of the authority.

(19) To accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any person on such terms and for such purposes as the authority shall deem proper.

(20) To negotiate and enter into arrangements, including futures contracts, forward contracts and cap, collar, corridor, floor or ceiling agreements, with respect to essential supplies and commodities for an authority for the purpose of reducing the risk to the authority of price fluctuations for the supplies and commodities.

(21) To make and execute all contracts and other instruments necessary or convenient to the exercise of the powers of the authority, and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary or treasurer or assistant treasurer of the authority shall be held to have been properly executed for and on its behalf. Without limiting the generality of the foregoing, the authority is also authorized to enter into contracts for the purchase, lease, operation or management of transportation facilities within or without the metropolitan area or within or without this Commonwealth. Whenever the facilities are located outside the metropolitan area, they shall be subject to the jurisdiction of the appropriate regulatory agencies.

(22) To enter into contracts with government agencies and Federal agencies on such terms as the authority shall

deem proper for the use of any facility or other real or personal property of the authority, and fixing the amount to be paid therefor.

(23) To agree with the constituent municipalities in which it operates for the lease of present and future municipal property, where such a lease would be advantageous to the authority in the financing or the operation of improved passenger transportation service.

(24) To explore alternative means of raising revenue or reducing expenses, including, but not limited to, real estate leases and rentals, equipment leases and rentals, contracting of services, the solicitation of competitive bids and the awarding of contracts to the highest responsive, responsible bidder for both interior and exterior advertising on all authority equipment on which the public is charged a fare for riding. Nothing in this chapter or in any other law of this Commonwealth shall preclude the negotiation and execution of contracts with respect to real estate-related matters in accordance with and subject solely to the provisions of this paragraph. The general manager may recommend in writing that the board make a finding of special opportunity with respect to a real estate-related matter. The board shall consider the general manager's recommendation at a public meeting. The notice given in accordance with the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings), with respect to such meeting shall state that the board will consider making a finding of special opportunity at such meeting and shall describe the nature of the proposed finding of special opportunity. Any finding of special opportunity shall be approved by the board in accordance with the provisions of section 1715 (relating to meetings, quorum, officers and records). The board shall adopt, by resolution, a process under which the authority shall enter into contracts needed to implement a finding of special opportunity. The process adopted by the board shall provide a method of prequalifying prospective contracting parties, where appropriate; for the reasonable notification of prospective contracting parties of the issuance of requests for proposals and the reasonable opportunity for qualified prospective contracting parties to submit proposals; for review of proposals from qualified prospective contracting parties; for the negotiation of contracts with one or more prospective contracting parties; for award of contracts on the basis of evaluation of the characteristics of the proposals; and for giving such weight to the various characteristics of any proposal as the board shall determine is in the best interest of the authority. The characteristics by which proposals may be evaluated under a finding of special opportunity may include the likely complexity of the transaction; the amount of investment any selected contracting party will be required to make or offers to make in the real estate-related matter; the experience and prior success of the proposed contracting party in other similar dealings with the same type of real estate-related matters or with the authority; the quality, feasibility and potential for economic success of the proposal; any cost or potential return to the authority; the economic reliability and financial viability of the proposed contracting party; the compatibility of the proposal with the authority's basic function as a public transportation provider; the date by which the proposed contracting party agrees to complete the real estate-related matter; and other factors which the board

shall specify. The authority shall make available a copy of the process adopted by the board to any person requesting a copy of the process. The general manager may make a written recommendation to the board concerning the award of a contract under a finding of special opportunity. The general manager's recommendation shall include the identity of the prospective contracting party or parties, the purpose of the contract, the substance of the finding of special opportunity, the substance and term of the proposed contract, the identities of any other prospective contracting parties who submitted proposals and the criteria upon which the general manager's recommendation was made and the reasons for selecting the prospective contracting party. Upon the written recommendation of the general manager, the board may award contracts under this paragraph after approving the awarding of the contract by a resolution adopted at a public meeting. The notice given in accordance with 65 Pa.C.S. Ch. 7 with respect to such meeting shall state that the board will consider awarding a contract under a finding of special opportunity at such meeting and shall describe the subject matter of such proposed contract. The authority shall by April 15 of each year submit a report to the department. The report shall detail the actions of the authority in exploring alternate means of raising revenue and reducing expenses. The department shall review the report and issue its findings and recommendations to the Appropriations Committee and the Transportation Committee of the Senate and the Appropriations Committee and the Transportation Committee of the House of Representatives no later than 30 days after receipt of such report for review and consideration of future funding by such committees. Where any alternate means have been rejected, the authority shall demonstrate that the feasibility and cost-effectiveness of that alternate means have been considered. As used in this paragraph, "finding of special opportunity" shall mean a written determination by the board that exclusion of a real estate-related matter from bidding procedures, as provided in this chapter or any other law, will be in the best interest of the authority and will be compatible with the authority's basic function as a public transportation provider, considering the nature of the real estate-related matter with respect to which the authority proposes to contract. Any finding of special opportunity shall include the basis on which the finding of special opportunity is being made.

(25) To lease property or contract for service, including managerial and operating service, whenever it can more efficiently and effectively serve the public by so doing, rather than conducting its own operations with its own property.

(26) To have the right to use any public road, street, way, highway, bridge or tunnel for the operation of a transportation system within the metropolitan area. In all cases involving the facilities of a railroad, any operations of which extend beyond the metropolitan area, the exercise of this right by the authority shall be subject to the jurisdiction of the Pennsylvania Public Utility Commission under Title 66 (relating to public utilities) only to the extent that the operations extend beyond the metropolitan area.

(27) To act as agent of any government agency or any Federal agency for the public purposes set forth in this chapter.

(28) To make available to any government agency the recommendations of the authority affecting any area in the authority's field of operation or property therein, which it may deem likely to promote the public health, morals, safety and welfare.

(29) To form plans for the improvement of mass transportation and the operation of a transportation system in order to promote the economic development of the metropolitan area in which the transportation authority operates, to make recommendations concerning mass transportation facilities which the authority does not own or operate, to make recommendations concerning throughways and arterial highway connections to the department and to other appropriate governmental bodies and otherwise to cooperate with all such governmental bodies. The authority shall give advance notice to the department of any plans which it may have for the occupation or use of any part of any State highway.

(30) To rehabilitate, reconstruct and extend as possible all portions of any transportation system acquired by the authority and to maintain at all times a fast, reliable and economical transportation system suitable and adapted to the needs of the municipalities served by the authority and for safe, comfortable and convenient service. To that end, the board shall make every effort to utilize high-speed rights-of-way, private or otherwise, to the maximum extent practicable to avoid air pollution by its vehicles, to abandon no physical property which the authority has determined retains continued usefulness to the authority and to extend its rail and highway services into areas which have sufficient need for them to economically or strategically justify such extension.

(31) To adopt, consistent with the policies of this chapter, and from time to time amend a comprehensive transportation plan. A public hearing shall be conducted prior to adoption or amendment. Notice of the public hearing shall be published in two newspapers of general circulation and a publication specifically designed to reach minorities not fewer than 30 days prior to the hearing.

(32) To do all acts and things necessary for the promotion of its business and the general welfare of the authority to carry out the powers granted to it by this chapter or any other statute. Notwithstanding any other provision of law, the board shall adopt procedures and practices to implement the provisions of this chapter by resolution of the board.

(b) Public highways.--Private rights and property in the beds of existing public highways vacated in order to facilitate the purposes of the authority shall not be deemed destroyed or ousted by reason of the vacation, but shall be acquired or relocated by the authority in the same manner as other property.

(c) Certain powers denied.--The authority shall have no power, at any time or in any manner, to pledge the credit or taxing power of the Commonwealth or any other government agency, nor shall any of the authority's obligations be deemed to be obligations of the Commonwealth or of any other government agency, nor shall the Commonwealth or any government agency be liable for the payment of principal or interest on such obligations.

(d) No power to levy taxes.--The authority shall not have power to levy taxes for any purpose whatsoever. (July 7, 2011, P.L.257, No.49, eff. 60 days)

2011 Amendment. Act 49 amended subsec. (a)(24). Cross References. Section 1741 is referred to in sections 1744, 1750 of this title.
74 Pa.C.S. § 5302 — PA Code / Title 74 / Chapter 53 / Section 5302
Aircraft for official use.
Status: in_force

(a) General rule.--The department may purchase or lease and maintain aircraft required for the proper conduct of the business of the Commonwealth agencies and the General Assembly. The total cost, including all ordinary and necessary expenses for the use of such aircraft, shall be charged by the department to the using agency or the General Assembly. The amount of such charge shall be paid into the Aviation Restricted Account and be credited to the amounts appropriated therefrom for the use of the department. All amounts so credited are hereby appropriated to the department for the same purposes as other appropriations out of the Aviation Restricted Account for the use of the department.

(b) Flight log required.--The department shall establish and maintain a log of flights using aircraft authorized under this section. This log shall be publicly accessible on the department's Internet website and shall be updated monthly. At minimum, the information made available on the department's Internet website shall include:

(1) Flight date.

(2) Flight identification number.

(3) Agency name.

(4) Aircraft.

(5) Originating city.

(6) Departure time.

(7) Destination city. If a flight includes more than one destination city, all destination cities shall be identified for such flight.

(8) Arrival time at and departure time from the destination city.

(9) All passengers, with the exception of Pennsylvania State Police security personnel, including first and last names, job titles, State agency, organization, business or other entity to which the passenger is affiliated or represents.

(10) Public purpose of the trip.

(11) Total hours.

(12) Invoice amount.

(c) Manner of posting.--All flight information required by subsection (b) shall be in plain and easily understandable language and posted in a way that allows the public to search the information by the categories enumerated in subsection

(b)(1) through (12). (Apr. 12, 2012, P.L.228, No.26, eff. 60 days) Cross References. Section 5302 is referred to in section 5301 of this title.
74 Pa.C.S. § 1519 — PA Code / Title 74 / Chapter 15 / Section 1519
Retroactive authority.
Status: in_force

(a) Date of project.--Financial assistance may be awarded under this chapter by the department with reference to an appropriate project irrespective of when it was first commenced or considered and regardless of whether costs with respect to the project were incurred prior to the time the financial assistance is applied for or provided.

(b) Capital projects.--

(1) For capital projects, the applicant must obtain written approval from the department prior to incurring any expenses for which the applicant may later seek reimbursement.

(2) Notwithstanding paragraph (1), approval by the department shall not constitute an approval of the applicant's underlying request for financial assistance.

(3) By providing preapproval under this subsection, the department may recognize any local funds already expended as satisfying the local match requirement if and when the applicant's application is approved.
74 Pa.C.S. § 1781 — PA Code / Title 74 / Chapter 17 / Section 1781
Exemption from taxation.
Status: in_force

The effectuation of the authorized purposes of an authority created or continued under this chapter shall and will be in all respects for the benefit of the people of this Commonwealth, for the increase of their commerce and prosperity and for the improvements of their health and living conditions, and, since an authority will, as a public instrumentality of the Commonwealth, be performing essential governmental functions

in effectuating such purposes, such an authority shall not be required to pay any taxes or assessments of any kind or nature whatsoever, now in existence or to be enacted in the future, whether imposed by the Commonwealth or by any government agency upon any property or the income therefrom acquired or used or permitted to be used by an authority for such purposes, and the bonds issued by any authority, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from State and local taxation within this Commonwealth. This exemption shall not extend to gift, estate, succession or inheritance taxes or any other taxes not levied directly on the bonds, the transfer thereof, the income therefrom or the realization of profits on the sale thereof.
74 Pa.C.S. § 9117 — PA Code / Title 74 / Chapter 91 / Section 9117
Sovereign immunity.
Status: in_force

Under section 11 of Article I of the Constitution of Pennsylvania, it is declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees, and a municipal authority, and its officials and employees, acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as provided in section 9118 (relating to specific performance). A claim against the Commonwealth and its officials and employees or municipal authority and its officials and employees shall be brought only in such manner and in such courts and in such cases as directed by the provision of section 9110(e) (relating to public-private transportation partnership agreement), 42 Pa.C.S. Ch. 85 (relating to matters affecting government units), 62 Pa.C.S. Ch. 17 (relating to legal and contractual remedies) or any procurement law applicable to a municipal authority.
74 Pa.C.S. § 8105 — PA Code / Title 74 / Chapter 81 / Section 8105
Commission.
Status: reserved

(a) (Reserved).

(b) Vacancies and terms.--

(1) Notwithstanding any other law, any vacancy in the membership of the commission shall be filled by appointment of the Governor by and with the advice and consent of two-thirds of the members elected to the Senate.

(2) The appointed member shall serve for a term of four years. Upon the expiration of this term, the appointed member may continue to hold office for 90 days or until his successor shall be duly appointed and qualified, whichever is less. A member may not serve more than two terms.

(c) (Reserved).

(d) Secretary.--The provisions of subsection (a) shall not apply to the appointment of the secretary, who shall continue to be appointed and to serve as a member of the commission ex officio in accordance with law.

(e) Chairman.--A majority of the members of the commission shall elect a member of the commission to serve as chairman. Upon the appointment and qualification of any new member to serve on the commission, the office of chairman and the positions of all other officers created by law shall be deemed vacant, and a new chairman and other officers shall be elected by a majority of the members of the commission.

(f) Actions by the commission.--Notwithstanding any other law, court decision, precedent or practice to the contrary, any and all actions by or on behalf of the commission shall be taken solely upon the approval of a majority of the members to the commission. The term "actions by or on behalf of the commission," as used in this subsection, means any action whatsoever of the commission, including, but not limited to, the hiring, appointment, removal, transfer, promotion or demotion of any officers and employees; the retention, use or remuneration of any advisors, counsel, auditors, architects, engineers or consultants; the initiation of any legal action; the making of any contracts, leases, agreements, bonds, notes or covenants; the approval of requisitions, purchase orders, investments and reinvestments; and the adoption, amendment, revision or rescission of any rules and regulations, orders or other directives. The chairman, vice chairman or any other officer or employee of the commission may take no action by or on behalf of the commission except as expressly authorized by a majority of the members of the commission.

(g) Compensation.--The annual salary of the Chairman of the Pennsylvania Turnpike Commission shall be $28,500, and the annual salary of the remaining members of the Pennsylvania Turnpike Commission shall be $26,000. These salaries shall be paid in equal installments every other week. (Nov. 25, 2013, P.L.974, No.89, eff. imd.) 2013 Amendment. Act 89 amended subsec. (b)(2). See the preamble and section 43(3) of Act 89 in the appendix to this

title for special provisions relating to legislative findings and declarations and applicability.
74 Pa.C.S. § 1744 — PA Code / Title 74 / Chapter 17 / Section 1744
Power of eminent domain.
Status: in_force

(a) Utility structures.--

(1) The authority shall have power, subject to relevant provisions of section 1741(a)(26) (relating to general powers), to require persons or corporations owning or operating public utility structures and appliances in, upon, under, over, across or along the public roads, streets or other public ways in which the authority has the right to own, construct, operate or maintain transportation facilities to remove the public utility structures and appliances from their locations. If any person or corporation owning or operating public utility structures and appliances fails or refuses to remove or relocate them, the authority may remove or relocate them. The authority shall provide the new location which the structures or appliances as relocated shall occupy, and to that end the authority is hereby authorized to acquire by purchase or by the exercise of the power of eminent domain any necessary land or right-of-way for such purpose if the new location shall not be in, on or above a highway, road or street. The exact new location shall be chosen by agreement of the authority and the utility. Upon the completion of the relocation, the authority shall reimburse the public utility for the cost of relocation which shall be the entire amount paid by the utility properly attributable to the relocation of the structure or appliance after deducting the cost of any increase in the service capacity of the new structure or appliance and any salvage value derived from the old structure or appliance.

(2) If an issue shall arise between the authority and the public utility as to the amount of the cost of relocation or the new location, either party may institute a proceeding by complaint before the Pennsylvania Public Utility Commission, which is hereby given exclusive jurisdiction to hear and determine the issue. Appeal from the order of the commission in any proceeding may be taken in the same manner as is prescribed by law for appeals from other orders of the commission.

(b) Eminent domain.--

(1) The authority shall have the right of eminent domain which may be exercised, either within or without the metropolitan area, to acquire private property and property devoted to any public use which is necessary for the purposes of the authority, except property of a public utility operating transportation facilities extending beyond the boundaries of the metropolitan area.

(2) The authority shall have the right of eminent domain to acquire property of any railroad which property is not used for or in connection with the transportation of persons or property and to acquire rights and easements across, under or over the right-of-way of such railroad whenever the authority shall acquire the private right-of-way or other property of a public utility used or useful in its service to the public.

(3) It shall, before requiring the removal of the existing structures and appliances, provide a new location for the structures and appliances and, upon the completion of relocation, reimburse the public utility for the cost thereof in the manner provided in subsection (a).

(c) Title.--Title to any property acquired by an authority through eminent domain shall be an absolute ownership or fee simple title unless a lesser title shall be designated specifically in the eminent domain proceedings.

(d) Public utilities.--Real and personal property of any kind whatever belonging to a public utility corporation providing transportation or transportation-related services may be acquired without the approval of the Pennsylvania Public Utility Commission. In all cases involving the facilities of a railroad, any operations of which extend beyond the metropolitan area, the exercise of the power of the authority under this subsection shall be subject to the jurisdiction of that commission under Title 66 (relating to public utilities).

(e) Certain property exempt.--No property owned or used by the United States, the Commonwealth, any political subdivision thereof or any body politic and corporate organized as an authority under any law of this Commonwealth or by any agency of any of them nor property used for burial purposes or places of public worship shall be taken under the right of eminent domain without the consent of the owner or user thereof.

(f) Negotiation.--Before exercising the power of eminent domain, reasonable efforts shall be made by the authority to achieve the desired result through negotiation.
74 Pa.C.S. § 5701 — PA Code / Title 74 / Chapter 57 / Section 5701
Department approval.
Status: in_force

(a) Obstructions to aircraft within approach area.--A person who erects and maintains any smokestack, flag pole, elevated tank, radio station tower, antenna, building, structure, any object of natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plane without first obtaining prior approval thereof from the department commits a summary offense. Each day a violation of this subsection continues constitutes a separate offense.

(b) Structures in close proximity to airport.--A person who erects a new structure or adds to an existing structure in violation of guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation, or who erects the structure with respect to the airport without, in either event, first obtaining prior approval from the department, commits a summary offense.

(c) Definition.--As used in this section the term "approach area" includes all that area lying within and above an inclined plane, starting at each end of each runway or landing strip of a public-use airport, as described by guidelines or regulations adopted by the Federal Aviation Administration of the United States Department of Transportation.
74 Pa.C.S. § 1509 — PA Code / Title 74 / Chapter 15 / Section 1509
Limitation on decisions, findings and regulations of department.
Status: in_force

All decisions, findings and regulations made by the department pursuant to this chapter shall be for the purposes of this chapter only and shall not constitute evidence before a regulatory body of this Commonwealth or any other jurisdiction.
74 Pa.C.S. § 6164 — PA Code / Title 74 / Chapter 61 / Section 6164
Refunding bonds.
Status: in_force

The Governor, Auditor General and State Treasurer are authorized to provide, by resolution, for the issuance of refunding bonds for the purpose of refunding any bonds issued under the provisions of this subchapter and then outstanding, either by voluntary exchange with the holders of the outstanding bonds, or to provide funds to redeem and retire the outstanding bonds with accrued interest and any premium payable thereon, at maturity or at any call date. The issuance of the refunding bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of the Governor, Auditor General and State Treasurer in respect to them shall be governed by the provisions of this subchapter, insofar as they may be applicable. Refunding bonds may be issued by the Governor, Auditor General and State Treasurer to refund bonds originally issued or to refund bonds previously issued for refunding purposes.
74 Pa.C.S. § 1713 — PA Code / Title 74 / Chapter 17 / Section 1713
Appointment of board members.
Status: in_force

(a) Appointment.--Except as provided in subsection (d) with respect to the continuation in office of members of the board of any authority established under the former provisions of
74 Pa.C.S. § 1773 — PA Code / Title 74 / Chapter 17 / Section 1773
Limitation on authority under Federal bankruptcy code.
Status: in_force

So long as an authority shall have outstanding any bonds issued under this chapter, the authority shall not be authorized to file a petition for relief under 11 U.S.C. Chapter 9 (relating to adjustment of debts of a municipality), and no public officer or agency or instrumentality of the Commonwealth shall authorize the authority to become a debtor under 11 U.S.C.
74 Pa.C.S. § 8111 — PA Code / Title 74 / Chapter 81 / Section 8111
Entry and possession of property condemned.
Status: in_force

Whenever the commission has condemned any lands, rights, rights-of-way, easements and franchises, or interests therein, as provided in this chapter, the commission may proceed to obtain possession in the manner provided by 26 Pa.C.S. (relating to eminent domain).
74 Pa.C.S. § 1752 — PA Code / Title 74 / Chapter 17 / Section 1752
Financial statements and audit.
Status: in_force

(a) Statement.--As soon after the end of each fiscal year as is feasible, the board shall cause to be prepared and printed a report and financial statement of the authority's operations for the previous year and of its assets and liabilities prepared in accordance with generally accepted accounting principles. A reasonably sufficient number of copies of the report shall be printed for distribution to persons interested, upon request. A copy of the report shall be filed with the Secretary of the Commonwealth, the county clerk of each county in the metropolitan area and the clerk of each municipality which has granted rights to the authority by ordinance, and a copy of the report shall be addressed to and mailed to the mayor and city council or the governing body of the municipality. The board from time to time shall mail, to the persons and offices specified, copies of the interim financial reports as may be prepared by the authority, copies of all bylaws, rules and regulations and amendments thereto and copies of the annual financial budgets.

(b) Audit.--The board shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records and accounts, operations and assets and liabilities of the authority for the purpose of auditing and reporting upon its financial statements for such year. The auditors shall audit the books, records, accounts, operations and assets and liabilities of the authority in accordance with generally accepted auditing standards. The report of the auditors shall be appended to the financial statement.
74 Pa.C.S. § 2107 — PA Code / Title 74 / Chapter 21 / Section 2107
Balanced Multimodal Transportation Policy Commission (Repealed).
Status: repealed

2021 Repeal. Section 2107 was repealed June 30, 2021, P.L.253, No.54, effective in 60 days.
74 Pa.C.S. § 7 — PA Code / Title 74 / Chapter 7 / Section 7
Status of certain businesses.
Status: in_force

The amendment of 51 Pa.C.S. §§ 9601 and 9602 shall not affect nor impair the status of any of the following under 51 Pa.C.S. Ch. 96 or 74 Pa.C.S.:

(1) A veteran-owned small business.

(2) A service-disabled veteran-owned small business. Explanatory Note. Act 135 added Chapter 72 and Subchapter A heading of Chapter 96, amended section 9601, added Subchapter B heading of Chapter 96, amended section 9602 and added
74 Pa.C.S. § 9602 — PA Code / Title 74 / Chapter 96 / Section 9602
Prequalification of bidders.
Status: in_force

(a) Establishment.--Notwithstanding any other provision of law, the department shall establish procedures to authorize third parties to prequalify competent and responsible bidders

for high performance and conventional steel painting for highway and bridge projects.

(b) Certification.--Bidders eligible for prequalification under subsection (a) shall have obtained a QP1 certification or QP2 certification, as appropriate, as developed by the Society for Protective Coatings, formerly known as the Steel Structures Painting Council, or other certification that is substantially equivalent to a QP1 or QP2 certification, as determined by the secretary.

(c) Effectiveness.--The secretary's designation of a third party to prequalify bidders under this section shall be effective for a period not exceeding one year from the date of the designation.

(d) Suspension or debarment.--Nothing under this section shall prevent the department from suspending or debarring a contractor, under the terms and conditions set forth in 67 Pa. Code §§ 457.13 (relating to suspension or debarment) and 457.14 (relating to debarment appeals procedure), that has been prequalified by a third party under this section. APPENDIX TO TITLE 74 TRANSPORTATION ------- Supplementary Provisions of Amendatory Statutes ------- 1994, FEBRUARY 10, P.L.20, NO.3 Preamble The General Assembly finds and declares as follows:

(a) Findings.--

(1) There exists in the urban and suburban communities in metropolitan areas, traffic congestion and serious mass transportation problems because of underdeveloped mass transportation facilities resulting in inadequate or overcrowded high-cost conditions on Commonwealth highways and existing mass transportation facilities.

(2) Such conditions or a combination of some or all of them have made and will continue to result in making such communities economic and social liabilities harmful to the social and economic well-being of the entire area, depreciating values therein, reducing the tax revenues, making the metropolitan areas and their constituent communities less desirable areas in which to live and work and thereby depreciating further the general community-wide values.

(3) The foregoing conditions cannot be effectively dealt with by private enterprise under existing law without the additional aids granted in this act and are beyond remedy or control by governmental regulatory processes.

(4) The sound planning and development of metropolitan mass transportation facilities in accordance with sound and approved plans for their promotion, development and growth will promote the public health, safety, convenience and welfare, and the public acquisition of existing mass transportation facilities in accordance with the sound plans

for their redevelopment and promotion will promote the public health, safety, convenience and welfare.

(5) The well-being and economic health of the counties and other communities in the metropolitan areas require integrated systems of mass passenger transportation.

(6) It is desirable that the public transportation systems in the metropolitan areas be improved, extended and supplemented by the creation of authorities as provided in this act.

(7) The establishment of metropolitan transportation authorities as authorities of the Commonwealth and the continuance of the existing metropolitan transportation authorities will promote the public safety, convenience and welfare.

(8) It is intended that metropolitan transportation authorities cooperate with or acquire existing transportation operators or facilities so that private enterprise and government may mutually provide adequate transit facilities for the convenience of the public.

(9) It is intended that any authority created or continued under this act will cooperate with all municipalities and other public bodies in whose territories it operates so that the transportation system may best serve the interests of the residents thereof.

(10) It is intended that the operation of a transportation system will enhance the quality of the environment of the metropolitan area by relieving highway congestion and providing for multipassenger traveling patterns.

(11) It is intended that residents of the metropolitan area may be provided with access to transportation facilities and the ability to travel within the metropolitan area regardless of disability or handicap.

(b) Declaration.--Therefore, it is hereby declared to be the policy of the Commonwealth to promote the safety and welfare of its inhabitants by authorizing the creation or continuation of a body corporate and politic for each metropolitan area, to be known as the transportation authority of such area, which shall exist and operate for the purposes contained in this chapter as an authority of the Commonwealth. These purposes are hereby declared to be public uses for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain. Explanatory Note. Act 3 amended, added or repealed sections 1311, 1312 and 1313 and Chapters 15 and 17 of Title 74 and sections 1532, 1550, 6323 and 9511 of Title 75. 2004, NOVEMBER 30, P.L.1618, NO.207
74 Pa.C.S. § 202 — PA Code / Title 74 / Chapter 2 / Section 202
Deputy secretaries.
Status: in_force

(a) Appointment.--The secretary shall appoint the following deputy secretaries:

(1) Deputy Secretary for Administration.

(2) Deputy Secretary for Driver and Vehicle Services.

(3) Deputy Secretary for Highway Administration.

(4) Deputy Secretary for Multimodal Transportation.

(5) Deputy Secretary for Planning.

(b) Administration.--The Deputy Secretary for Administration has the powers and duties of the department under law relating to all of the following:

(1) Fiscal affairs.

(2) Operations analysis and improvement.

(3) Information services.

(4) Office services.

(5) Human resources.

(6) Equal opportunity.

(c) Driver and vehicle services.--The Deputy Secretary for Driver and Vehicle Services has the powers and duties of the department under law relating to all of the following:

(1) Drivers.

(2) Vehicles.

(3) Vehicle and driver safety.

(4) Services for other modes of transportation.

(d) Highway administration.--The Deputy Secretary for Highway Administration has the powers and duties of the department under law relating to all of the following:

(1) Design of highways and bridges.

(2) Land acquisition for highways and bridges.

(3) Construction and reconstruction of highways and bridges.

(4) Maintenance and operation of highways and bridges.

(5) Highway and bridge safety.

(e) Multimodal transportation.--The Deputy Secretary for Multimodal Transportation has the powers and duties of the department under law relating to modes of transportation other than highways, except recreational boating and ferry licensing, including all of the following:

(1) Local and public transportation.

(2) Rail freight.

(3) Ports and waterways.

(4) Aviation and airports.

(f) Planning.--The Deputy Secretary of Planning has the powers and duties of the department under law relating to all of the following:

(1) Planning and research.

(2) Program development and management.

(3) Services to municipalities.
74 Pa.C.S. § 6304 — PA Code / Title 74 / Chapter 63 / Section 6304
Aviation Advisory Committee.
Status: in_force

(a) Creation.--There is hereby created an Aviation Advisory Committee, which shall consist of 25 members. The members shall be as follows:

(1) The Secretary of Transportation.

(2) The Secretary of Community and Economic Development.

(3) The chairman and minority chairman of the Transportation Committee of the Senate.

(4) The chairman and minority chairman of the Transportation Committee of the House of Representatives.

(5) Nineteen members of the public representing the areas of concern specified, who shall have extensive experience and knowledge of air transportation activities throughout this Commonwealth, to be appointed by the Governor as follows:

(i) Three persons from the board of directors of the Aviation Council of Pennsylvania.

(ii) Two persons from the airline industry.

(iii) One person from the aviation manufacturing/maintenance industry.

(iv) Four persons from Pennsylvania's airport system.

(v) Two persons representing general aviation fixed base operators.

(vi) One person representing the air cargo industry.

(vii) Two persons representing the metropolitan planning organizations and local development districts in this Commonwealth.

(viii) One pilot representing the pilot community in this Commonwealth.

(ix) Three members of the general public.

(b) Designees.--Each of the members of the committee may designate a representative to serve in his or her stead. A member who designates a representative shall notify the chairman in writing of the designation.

(c) Terms of appointees.--The term of all members of the committee appointed by the Governor shall be for three years. Any member of the committee may be reappointed for an additional term or terms. Any person appointed to fill a vacancy occurring prior to the expiration of the term to which his predecessor was appointed shall serve only for the unexpired term. Each member shall serve until the appointment of a successor.

(d) Meetings and expenses.--

(1) The committee shall meet at least four times every 12 months but may hold such additional meetings as are called by the chairman or by petition of at least six committee members. The chairman shall provide notice at least 14 days in advance for regular meetings and provide a minimum of three days' notice for special meetings. A majority of the appointed members shall constitute a quorum for the conduct of business. The secretary shall maintain a record of meeting attendance by members and shall provide written notice to members who miss two consecutive meetings. Three consecutive absences of committee meetings by a member shall be grounds for removal if affirmed by a majority vote of the committee.

(2) Minutes of meetings shall be prepared by the secretary and filed with the committee and distributed to all members. All records shall be a matter of public record.

(3) The public members of the committee shall be allowed reasonable per diem expenses to be set by the committee. The department shall provide appropriate staff support to enable the committee to properly carry out its function.

(e) Powers and duties.--The committee shall have the power and duty to:

(1) Make recommendations to promote and preserve the aviation and the air transportation system in this Commonwealth and propose methods, strategies or technologies that can be used to improve these systems.

(2) Provide guidance on aviation-related issues to the Governor, the General Assembly, the secretary and the State Transportation Commission.

(3) Promote aviation systems and capital infrastructure improvements.

(4) Review the department's capital project program prioritization process and provide recommendations on the method for determining priorities among locations.

(5) Guide the department's continuous State aviation systems planning process.

(6) Review and promote Federal and State aviation rules and regulations as may be proper and necessary to promote and develop beneficial aviation practices and operations.

(7) Promote aviation education opportunities and encourage research and development for aviation safety and security.

(8) Define intermodal opportunities for airports within this Commonwealth.

(9) Provide a forum for exchange of information concerning the users' view of needs and requirements of this Commonwealth's aviation systems.

(10) Address other appropriate aviation issues that arise from time to time.

(f) Reports.--The committee shall submit reports of its deliberations and conclusions to the Governor, members of the General Assembly and the State Transportation Commission.

(g) Chairperson.--The Governor shall appoint one member of the committee as chairperson. The members of the committee shall

annually elect a vice chairperson, a secretary and a treasurer from among the members appointed to the committee. (June 29, 2006, P.L.218, No.55, eff. 60 days) 2006 Amendment. Act 55 amended subsec. (c).
74 Pa.C.S. § 9109 — PA Code / Title 74 / Chapter 91 / Section 9109
Selection of development entities.
Status: in_force

(a) Conditions for use.--If a transportation project is approved under sections 9104 (relating to duties of board) and 9105 (relating to operation of board), the public entity may enter into a contract for the transportation project by competitive sealed proposals.

(b) Request for proposals.--After receiving the determination required by subsection (a), a public entity shall solicit proposals through a request for proposals.

(c) Public notice.--A public entity shall give public notice of a request for proposals consistent with regulations adopted by the department. The notice shall be given a reasonable time prior to the date set for the close of receipt of the proposals. The method of public notice may include any of the following:

(1) Electronic publication which is accessible to the general public.

(2) Advertisement as provided for in 45 Pa.C.S. § 306 (relating to use of trade publications).

(3) Issuance of request for proposals to offerors on the mailing list of the public entity.

(4) Publication in a newspaper of general circulation.

(5) Where prequalification is a requirement of submitting a proposal, notification to all private entities who have been prequalified by the public entity.

(d) Copies of request for proposals.--Copies of a request for proposals shall be made available to any interested person upon request to the public entity. A public entity may establish procedures for the distribution of a request for proposals, including the imposition of a fee to reimburse the public entity for the costs of photocopying and mailing.

(e) Receipt of proposals.--Offerors shall submit their proposals to ensure that their proposals are received prior to the time and date established for receipt of the proposals. Proposals shall be submitted in the format required by the request for proposals. Proposals shall be opened so as to avoid disclosure of their contents to competing offerors.

(f) Evaluation.--A public entity shall evaluate each proposal to determine which proposal has the best value for and is in the best interest of the public entity. In making this determination, a public entity may consider any of the following:

(1) Cost.

(2) Price.

(3) Financial commitment.

(4) Innovative financing.

(5) Bonding.

(6) Technical, scientific, technological or socioeconomic merit.

(7) Financial strength and viability.

(8) Design, operation and feasibility of the transportation project.

(9) Public reputation, qualifications, industry experience and financial capacity of the private entity.

(10) The ability of the transportation project to improve economic growth, to improve public safety, to reduce congestion, to increase capacity or to rehabilitate, reconstruct or expand an existing transportation facility.

(11) The compatibility of the proposal with existing local and regional land use plans.

(12) The commitment of local communities to approve land use plans in preparation for the transportation project.

(13) Other factors deemed appropriate by the public entity.

(g) Weighted consideration.--The relative importance of each evaluation factor shall be fixed prior to opening the proposals.

(h) Participation in evaluation.--If the public entity is a Commonwealth agency, the department is required to invite its comptroller to participate in the evaluation as a nonvoting member of any evaluation committee. No individual who has been employed by an offeror within the last two years may participate in the evaluation of proposals.

(i) Discussion with responsible offerors and revision of proposals.--As provided in the request for proposals, discussions and negotiations may be conducted with responsible offerors for the purpose of clarification and of obtaining best and final offers. Responsible offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. In conducting discussions, there

shall be no disclosure of any information derived from proposals submitted by competing offerors.

(j) Selection for negotiation.--The responsible offeror whose proposal is determined in writing to be the best value for and in the best interests of the public entity, taking into consideration all evaluation factors, shall be selected for contract negotiation.

(k) Cancellation.--A request for proposals may be canceled at any time prior to the time a public-private transportation partnership agreement is executed by all parties when it is in the best interests of the public entity.

(l) Award.--Upon reaching an agreement with a responsible offeror, a public entity shall enter into a public-private transportation partnership agreement with the responsible offeror. The public-private transportation partnership agreement shall be consistent with the requirements of this chapter. If agreement cannot be reached with the best qualified responsible offeror, then negotiations will be formally terminated with the offeror. If proposals were submitted by one or more other responsible offerors, negotiations may be conducted with the other responsible offeror or responsible offerors in the order of their respective qualification ranking. The contract may be awarded to the responsible offeror then ranked as best qualified.

(m) Resolution of controversies involving the Commonwealth.--If a prospective offeror, offeror or development entity is aggrieved by a selection under this section and the public entity or proprietary public entity in the invitation or contract is a Commonwealth agency, the prospective offeror, offeror or development entity may file a protest or a claim, as appropriate, in accordance with 62 Pa.C.S. Ch. 17 (relating to legal and contractual remedies).

(n) Resolution of controversies not involving the Commonwealth.--If a development entity is aggrieved by a selection under this section and the proprietary public entity in the contract is an entity other than the Commonwealth, a development entity may file a claim with the court of common pleas where the proprietary public entity is located. The process for the filing and resolution of claims, including rights, contents, timing, evaluation, determination and remedies, which are established in 62 Pa.C.S. Ch. 17, shall apply insofar as they are practicable. (July 11, 2022, P.L.1566, No.84, eff. imd.) 2022 Amendment. Act 84 amended subsec. (a). Cross References. Section 9109 is referred to in sections 9106, 9119, 9120 of this title.
74 Pa.C.S. § 6131 — PA Code / Title 74 / Chapter 61 / Section 6131
Tax on jet fuels.
Status: in_force

(a) Imposition.--There is hereby imposed, effective July 1, 1984, a State tax of 1.1¢ per gallon, or fractional part thereof, on all fuels used or sold and delivered by distributors within this Commonwealth for use as fuel in turbine-propeller jet, turbojet and jet-driven aircraft and aircraft engines. The tax shall be increased by 0.2¢ per gallon, or fractional part thereof, effective January 1, 1985, and by 0.2¢ per gallon, or fractional part thereof, effective July 1, 1985. Distributors shall be liable to the Commonwealth for the collection and payment of the tax imposed by this section. The tax shall be collected by the distributor and shall be paid to the Commonwealth only once with respect to any fuels.

(b) Annual adjustment.--Beginning on January 1, 1986, and each January 1 thereafter, the tax imposed under this section shall be adjusted annually and shall be set for that calendar

year. The adjustment shall be based upon the percentage change of the Producer Price Index for Jet Fuel, as determined by the Bureau of Labor Statistics for the United States Department of Labor, for the most recent 12-month period available as of the immediately preceding November 1. For every 10% increase or decrease in the Producer Price Index, as determined by comparing the index for the first month of the 12-month period with the index for the last month of the period, there shall be a 0.1¢ per gallon, or fractional part thereof, increase or decrease in the rate of tax. The rate of tax shall be determined by the Secretary of Revenue, who shall cause such rate to be published as a notice pursuant to 45 Pa.C.S. § 725(a)(3) (relating to additional contents of Pennsylvania Bulletin) in the Pennsylvania Bulletin on or before December 15 of each year. The tax, as adjusted, shall never exceed 2¢ per gallon, or fractional part thereof, nor shall it be less than 1.5¢ per gallon, or fractional part thereof.

(c) Construction of section.--This section shall be construed in conjunction with the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, as if jet fuels were liquid fuels as defined in that act, and all of the provisions of that act, except for section 4 thereof to the extent it imposes any tax, shall apply to the collection, administration and enforcement of the tax imposed under this section. Upon the effective date of the tax imposed by this section upon jet fuels, such jet fuels shall not be subject to the tax imposed by the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act, except that dealer-users shall remain liable to report and pay the fuel use tax on any jet fuels used thereafter upon which the tax provided by this section has not been imposed.

(d) Disposition of taxes.--All moneys collected under this section shall be deposited by the State Treasurer in the Aviation Restricted Account. Effective Date of Tax. Section 4 of Act 164 of 1984 provided that, if Act 164 was not finally enacted on or before July 1, 1984, the tax imposed under section 6131 shall not be effective as of July 1, 1984, but shall be effective on the first day of the first month following final enactment (November 1, 1984). References in Text. The act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, referred to in subsec. (c), was repealed by the act of April 17, 1997 (P.L.6, No.3). The subject matter is now contained in Chapter 90 of Title 75 (relating to liquid fuels and fuels tax). The act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act, referred to in subsec. (c), was repealed by the act of April 17, 1997 (P.L.6, No.3). The subject matter is now contained in Chapter 90 of Title 75 (relating to liquid fuels and fuels tax).
74 Pa.C.S. § 1511 — PA Code / Title 74 / Chapter 15 / Section 1511
Report to Governor and General Assembly.
Status: in_force

The department shall submit a public passenger transportation performance report to the Governor and the General Assembly by April 30 of each year, covering the prior fiscal year. (Nov. 25, 2013, P.L.974, No.89, eff. 60 days) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
74 Pa.C.S. § 8102 — PA Code / Title 74 / Chapter 81 / Section 8102
Definitions.
Status: in_force

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:

"Commission." The Pennsylvania Turnpike Commission.

"Cost of the department." The term includes the costs of all of the following:

(1) Constructing, reconstructing, widening, expanding or extending the State highway and rural State highway system and connecting roads, tunnels and bridges.

(2) Systems of public passenger transportation or portions of the systems, the placing of the systems in operation and the condemnation of property necessary for construction and operation of the systems.

(3) Lands, property rights, rights-of-way, easements and franchises acquired, which are deemed necessary or convenient for the construction, reconstruction, widening, expanding or extending under paragraph (1) or (2).

(4) Machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction.

(5) Any of the following:

(i) Traffic estimates, engineering and legal expenses, plans, specifications, surveys, estimates of cost and of revenues.

(ii) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise. This subparagraph includes administrative and legal expenses.

(iii) Other expenses as may be necessary or incident to the financing authorized under this chapter, the construction, reconstruction, widening, expanding or extending of the State highway and the rural State highway system and connecting roads, tunnels and bridges.

(6) Any obligation or expense contracted for by the department or with the United States or an agency of the United States, for traffic surveys, preparation of plans and specifications, supervision of construction and other engineering, administrative and legal services and expenses in connection with the construction, reconstruction, widening, expanding or extending of the State highway and rural State highway system or any of the connecting roads, tunnels and bridges or the costs of the systems of public passenger transportation or portions of the systems.

(7) Payment of any notes or other obligations if the notes or other obligations were issued for the payment of a cost of the department.

"Cost of the turnpikes." The term includes the cost of:

(1) Constructing, reconstructing, widening, expanding or extending turnpikes, connecting roads, storm water management systems, buildings, interchanges, slip ramps, tunnels and bridges.

(2) Lands, property rights, rights-of-way, easements and franchises acquired by purchase or other means deemed necessary or convenient for construction.

(3) Machinery and equipment, financing charges and interest.

(4) Traffic estimates, engineering and legal expenses, plans, specifications, surveys, cost and revenue estimates, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative and legal expense and other expenses as may be necessary or incident to the financing authorized in this chapter.

(5) Condemnation or other means of acquisition of property necessary for the construction and operation of the turnpikes.

(6) An obligation or expense contracted for by the commission with the department or with the United States or a Federal agency for any of the following:

(i) Traffic surveys, preparation of plans and specifications, supervision of construction and other engineering and administrative and legal services and expenses in connection with the construction, reconstruction, widening, expansion or extension of the turnpike or any of the connecting roads, storm water management systems, interchanges, slip ramps, tunnels and bridges.

(ii) Costs of reimbursing the Federal Government pursuant to the mandates of the Federal law for Federal funds expended for interstate or other highways which are to be made part of the turnpike system pursuant to this chapter.

(7) Any portion of the scheduled annual commission contribution required to be paid by the commission under 75 Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike).

"Department." The Department of Transportation of the Commonwealth.

"Electronic toll collection." A system of collecting tolls or charges that is capable of charging an account holder or a registered vehicle owner for the prescribed toll based on the

automatic identification and classification of vehicles using electronic systems. The term includes a system of open road tolls, video tolls or other similar structural or technological enhancements pertaining to tolls.

"Electronic toll collection device." A piece of mechanical or electrical equipment used for electronic toll collection.

"Flat video toll." A toll rate that does not vary based on a video image which is charged to an account when the commission is able to match a license plate image to an account in good standing.

"Lessee." A person, corporation, firm, partnership, agency, association or organization that rents, leases or contracts for the use of a vehicle and has exclusive use of the vehicle for any period of time.

"Lessor." A person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or other agreement under which the lessee has the exclusive use of the vehicle for any period of time.

"Operator." An individual that uses or operates a vehicle with or without permission of the owner.

"Owner." Except as provided under section 8117(e) (relating to electronic toll collection), an individual, copartnership, association or corporation having title or interest in a property right, easement or franchise authorized to be acquired under this chapter.

"Public passenger transportation." Transportation within an area that includes a municipality or other built-up place that is appropriate in the judgment of the Department of Transportation to serve commuters or others in the locality taking into consideration the local patterns and trends of growth by bus or rail or other conveyance, either publicly or privately owned, serving the general public. The term does not include school buses, charter or sightseeing services.

"Rural State highway system." All roads and highways taken over by the Commonwealth as State highways under the provisions of the act of June 22, 1931 (P.L.594, No.203), referred to as the Township State Highway Law, and all other roads and highways specifically designated by the Secretary of the Commonwealth as rural State highways.

"Secretary." The Secretary of Transportation of the Commonwealth.

"State highway." All roads and highways taken over by the Commonwealth as State highways under the provisions of any statute other than the act of June 22, 1931 (P.L.594, No.203), referred to as the Township State Highway Law. Unless clearly intended, the term shall not include any street in any city, borough or incorporated town, even though the street may have been taken over as a State highway.

"System of public passenger transportation." A system of public passenger transportation, including rail transportation facilities used for public passenger transportation, which may include any of the following:

(1) Railway, street railway, subway, elevated and monorail passenger or passenger and rail rolling stock, including self-propelled and gallery cars, locomotives, passenger buses and wires, poles and equipment for the electrification of any of the rails, tracks and roadbeds, guideways, elevated structures, buildings, stations, terminals, docks, shelters and parking areas for use in connection with the rail transportation systems, interconnecting lines and tunnels to provide passenger or

passenger and rail service connections between transportation systems, transportation routes, corridors and rights-of-way therefor, but not for public highways.

(2) Signal and communication systems necessary or desirable for the construction, operation or improvement of a public passenger transportation system.

(3) Any improvement or overhaul of any vehicle equipment or furnishings of any of the items specified under paragraphs

(1) and (2) or any part or fractional and undivided co-ownership or leasehold interest in any one or combination of any of the items specified under paragraphs (1) and (2) that may be designated as a system of public passenger transportation by the Secretary of Transportation.

"Toll collection system." A vehicle sensor, placed in a location to work in conjunction with a toll collection facility, which automatically produces a videotape or photograph, microphotograph or other recorded image of a vehicle, at the time the vehicle travels through a tolling point. The term includes any other technology which identifies a vehicle by photographic, mechanical, electronic or other method.

"Toll road conversion." The inclusion within the turnpike system and the imposition of tolls on the system of a highway that is presently toll free.

"Turnpikes." Any of the following:

(1) The turnpike, turnpike extensions and turnpike improvements.

(2) Toll-free roads converted or to be converted to toll roads under this chapter.

(3) Related storm water management systems, interchanges, slip ramps, tunnels and bridges, property rights, easements and franchises deemed necessary or convenient for the construction, reconstruction, widening, expansion, extension or the operation of the turnpike, turnpike extension, turnpike improvement and toll-free roads.

"Vehicle." The term as it is defined under 75 Pa.C.S. § 102 (relating to definitions).

"Video toll." A toll based on a vehicle's license plate image when a valid electronic toll collection device is not read as the vehicle travels through a tolling point.

"Violation enforcement system." (Deleted by amendment). (Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2022 Amendment. Act 112 amended the def. of "electronic toll collection," added the defs. of "electronic toll collection device," "flat video toll," "toll collection system" and "video toll" and deleted the def. of "violation enforcement system." Cross References. Section 8102 is referred to in section 303 of this title.
74 Pa.C.S. § 5903 — PA Code / Title 74 / Chapter 59 / Section 5903
Authority of department.
Status: in_force

(a) Powers enumerated.--The department is authorized to:

(1) Allocate so much of the property for use as airports as it determines to be necessary.

(2) Operate and maintain the airports.

(3) Grant leases, licenses, easements and rights-of-way over, under and upon the property, for any period under such terms and conditions and for such rent or other consideration as the department deems proper. With respect to leases or agreements relating to airports, the appropriate department, in negotiations with any person regarding such leases or agreements, shall insure that retention and creation of employment shall be the ultimate result of these negotiations. Further, such lease or agreement shall include provisions that require the lessee to adequately maintain access roads, runways and buildings and keep the airport operational. If the lessee fails to abide by the terms of the lease or agreement with regard to the above, the appropriate department, after giving reasonable notice, shall terminate the lease or agreement.

(4) Sell and convey or exchange with the approval of the Governor and the General Assembly any of the property

under such terms and conditions and for such consideration as the department deems proper.

(5) Equip, alter, repair, maintain, renew, relocate or demolish all or any portion of the property including any building, structure or fixture.

(6) Mark, build, rebuild, relocate, fix the width of, construct, repair and maintain roads over the property.

(7) Purchase, contract for and maintain all equipment, machinery, materials, services and supplies necessary to construct, operate or maintain the airport or the property.

(8) Maintain and operate utility services such as water, sewage, heat, electric power or other services and provide them to any tenant or other person occupying or using any of the property or facilities covered by this section, under such terms and conditions and for such rent or other consideration as the department deems proper; the department shall incur no monetary loss in the execution of these functions.

(9) Provide fire protection for the property and facilities if required by Federal law or regulation.

(10) Provide police protection in accordance with the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups", and perform arrests and collect and retain all fines arising from infractions of the law including, but not limited to, vehicle parking violations.

(11) Employ such officers, technicians, professional assistants and other persons as the department deems necessary to carry out this section.

(12) Acquire additional lands with legislative approval.

(13) Collect rents, fees and other moneys derived from any source pursuant to any provision of this section.

(14) Acquire easements, leases, licenses, permits or other rights or interests necessary for the proper accomplishment of the purposes of this section.

(b) Procedures.--The powers and duties granted by this act shall be exercised in accordance with the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, where not inconsistent with this chapter.
74 Pa.C.S. § 303 — PA Code / Title 74 / Chapter 3 / Section 303
Diverse business participation.
Status: in_force

(a) General rule.--In administering contracts for construction and professional services relating to transportation projects which are funded pursuant to the provisions of this title or 75 Pa.C.S. (relating to vehicles), the contracting entities shall:

(1) Be responsible for ensuring that all competitive contract opportunities subject to this section which are issued by the contracting entities seek to maximize participation by diverse businesses.

(1.1) Include in solicitations for bids and requests for proposals on all competitive contracting opportunities subject to this section notice to the bidder or offeror that:

(i) The bidder or offeror shall document and submit to the applicable contracting entity all good faith efforts to solicit subcontractors that are diverse businesses during the bidding or proposal process.

(ii) The bidder or offeror shall provide within seven days of being declared the low bidder or successful offeror the name and business address of each subcontractor that is a diverse business that will provide the contractor with construction or professional services in connection with the performance of the contract.

(2) Include in the solicitations for bids and requests for proposals under paragraph (1.1) language encouraging bidders and offerors to utilize and give consideration to contractors offering to utilize diverse businesses in the selection and award of contracts.

(3) Ensure that the contracting entities' commitment to participation by diverse businesses is clearly understood and appropriately implemented and enforced by all the contracting entities.

(4) Designate a responsible official to supervise the contracting entities' diverse business program and ensure compliance within the contracting entities.

(5) (Reserved).

(6) Impose sanctions, as may be appropriate under 62 Pa.C.S. § 531 (relating to debarment or suspension), against businesses that fail to comply with this section or the policies of the Commonwealth related to diverse businesses. This paragraph shall not apply to a local transportation organization.

(7) Ensure that each contract entered into with a contractor under this section includes provisions prohibiting discrimination in accordance with 62 Pa.C.S. § 3701 (relating to contract provisions prohibiting discrimination).

(a.1) Additional duties of department.--The department, with the assistance of a diverse business enterprise supportive services center, shall have the following duties:

(1) Conduct the necessary and appropriate outreach, including using the database available on the Internet website of the Department of General Services and the Federal Government's system of award management database, for purposes of identifying diverse businesses in general construction or professional services capable of performing contracts subject to this section.

(2) By October 1, 2014, and each October 1 thereafter, submit a report to the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives summarizing the participation level of diverse businesses in all competitive contract opportunities issued by contracting entities. The commission and local transportation organizations shall cooperate with the department to complete the report. The report shall include:

(i) The percentage of participation by diverse businesses.

(ii) The total value of all contracts executed which include participation by diverse businesses pursuant to this section in the prior year.

(iii) The number of businesses penalized for violating this section.

(3) Transmit the report under paragraph (2) to the Pennsylvania Minority Business Development Authority, established under the act of July 22, 1974 (P.L.598, No.206), known as the Pennsylvania Minority Business Development Authority Act. The authority shall review the report to assess the effectiveness in advancing this section and to make any recommendations for changes in this section deemed necessary or desirable to the secretary and the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives.

(a.2) Replacement of diverse business.--If, at any time during the evaluation of a bid or proposal or the construction of a project or the performance of a professional service pursuant to a bid, proposal or contract subject to this section, it becomes necessary to replace a subcontractor that is a diverse business, the bidder, offeror or contractor, as appropriate, shall immediately notify the contracting entity of the need to replace the diverse business. The notice shall include the reasons for the replacement.

(a.3) Applicability.--The following shall apply to a contractor and contract subject to subsection (a):

(1) The provisions of 62 Pa.C.S. § 2108 (relating to compliance with Federal requirements).

(2) Prompt payment policies between a contractor and subcontractor adopted by the Department of General Services pursuant to 62 Pa.C.S. Pt. II (relating to general procurement provisions).

(a.4) Construction.--Nothing in this section shall be construed to supersede, nullify or otherwise affect 51 Pa.C.S. § 9603 (relating to participation goal). In the case of an inconsistency between this section and 51 Pa.C.S. Ch. 96 (relating to veteran-owned small businesses), the provisions of 51 Pa.C.S. Ch. 96 shall prevail.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Commission." As defined in section 8102 (relating to definitions).

"Contract." As defined in 62 Pa.C.S. § 103 (relating to definitions).

"Contracting entities." The following:

(1) The department.

(2) The commission.

(3) A local transportation organization.

"Disadvantaged business." A business that is owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias.

"Diverse business." A disadvantaged business, minority-owned or women-owned business or service-disabled veteran-owned or veteran-owned small business that has been certified by a third-party certifying organization.

"Local transportation organization." Any of the following:

(1) A political subdivision or a public transportation authority, port authority or redevelopment authority organized under the laws of this Commonwealth or pursuant to an interstate compact or otherwise empowered to render, contract for the rendering of or assist in the rendering of transportation service in a limited area in this Commonwealth, even though it may also render or assist in rendering transportation service in adjacent states.

(2) A nonprofit association that directly or indirectly provides public transportation service.

(3) A nonprofit association of public transportation providers operating within this Commonwealth.

"Minority-owned business." A business owned and controlled by a majority of individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders.

"Professional services." An industry of infrequent, technical or unique functions performed by independent contractors or consultants whose occupation is the rendering of the services. The term includes:

(1) Design professional services as defined in 62 Pa.C.S. § 901 (relating to definitions).

(2) Legal services.

(3) Advertising or public relations services.

(4) Accounting, auditing or actuarial services.

(5) Security consultant services.

(6) Computer and information technology services.

(7) Insurance underwriting services.

"Service-disabled veteran-owned small business." As defined in 51 Pa.C.S. § 9601 (relating to definitions).

"Third-party certifying organization." An organization that certifies a small business, minority-owned business, women-owned

business or veteran-owned small business as a diverse business. The term includes:

(1) The National Minority Supplier Development Council.

(2) The Women's Business Development Enterprise National Council.

(3) The Small Business Administration.

(4) The Department of Veterans Affairs.

(5) The Pennsylvania Unified Certification Program.

"Veteran-owned small business." As defined in 51 Pa.C.S. § 9601 (relating to definitions).

"Women-owned business." A business owned and controlled by a majority of individuals who are women. (July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013, P.L.974, No.89, eff. 60 days) 2013 Amendment. Section 43(1) of Act 89 provided that section 303 shall apply to competitive contract opportunities issued on or after July 1, 2014. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. Cross References. Section 303 is referred to in section 3101 of Title 72 (Taxation and Fiscal Affairs).
74 Pa.C.S. § 1516 — PA Code / Title 74 / Chapter 15 / Section 1516
Programs of Statewide significance.
Status: in_force

(a) General rule.--Money in the fund allocated for programs of Statewide significance shall be used by the department to support public transportation programs, activities and services not otherwise fully funded through the operating program, capital program or asset improvement program. In addition to any requirements contained in this section, applications must comply with section 1507 (relating to application and approval process). Programs of Statewide significance shall include:

(1) The Persons with Disabilities Program.

(2) Intercity passenger rail and bus services.

(3) Community transportation capital and service stabilization.

(4) The Welfare-to-Work Program and matching funds for Federal programs with similar intent.

(5) Demonstration and research projects.

(6) Technical assistance.

(7) Other programs as determined by the department.

(8) The department's costs under sections 1510(b) (relating to program oversight and administration) and 1518 (relating to program oversight and administration).

(b) Persons with disabilities.--The department shall establish and administer a program providing reduced fares to persons with disabilities on community transportation services and to provide financial assistance for start-up, administrative and capital expenses related to reduced fares for persons with disabilities. All of the following shall apply:

(1) A community transportation system operating in the Commonwealth other than in a county of the first class may apply for financial assistance under this subsection.

(2) The department may award financial assistance under this subsection for program start-up and for continuing capital expenses to offset administrative and capital expenses. For community transportation trips made by eligible persons with disabilities, financial assistance may be awarded to an eligible community transportation system to reimburse the system for up to 85% of the fare established for the general public for each trip which is outside of fixed-route and paratransit service areas and not eligible for funding from any other program or funding source. The

person making the trip or an approved third-party sponsor shall contribute the greater of 15% of the fare established for the general public or the Americans with Disabilities Act complementary paratransit fare.

(c) Intercity transportation.--The department is authorized to provide financial assistance for an efficient and coordinated intercity common carrier surface transportation program, consisting of both intercity passenger rail service and intercity bus service transportation, with the intent of sustaining strong intercity connections. All of the following shall apply:

(1) An intercity passenger rail service provider, a local transportation organization, an agency or instrumentality of the Commonwealth or a transportation company that provides intercity public transportation service may apply for financial assistance under this subsection. The department is authorized to enter into joint service agreements with a railroad company, any other agency or instrumentality of the Commonwealth, a Federal agency or an agency or instrumentality of any other jurisdiction relating to property, buildings, structures, facilities, services, rates, fares, classifications, dividends, allowances or charges, including charges between intercity rail passenger service facilities, or rules or regulations pertaining thereto, for or in connection with or incidental to transportation in whole or in part upon intercity rail passenger service facilities.

(2) Operating assistance and capital assistance may be provided for intercity bus service and intercity passenger rail service as determined by the department.

(3) For financial assistance to a transportation company, eligible matching funds shall consist only of cash income generated by the transportation company from its activities, other than the provision of subsidized public passenger transportation service and contributed by the transportation company in the amount and for the time period specified in the financial assistance agreement.

(4) Local match requirements are as follows:

(i) For intercity bus service operating and capital assistance, financial assistance shall require a local match by local or private cash funding in an amount equal to at least 100% of the amount of the financial assistance being provided.

(ii) For intercity passenger rail service operating and capital assistance, financial assistance shall require a local match on a case-by-case basis, taking into account the best interests of the Commonwealth.

(5) For purposes of this subsection, "local match" is defined as local revenue obtained from other nonsubsidized services such as charter, school bus or profits realized from other intercity bus services. Local match shall not include any funds received from Federal or State sources.

(d) Community transportation.--

(1) The department is authorized to provide financial assistance under this section for all of the following:

(i) Capital expenditures for the provision of community transportation service; and

(ii) service stabilization, including:

(A) Stabilizing current service and fares.

(B) Providing advice or technical assistance to analyze and enhance community transportation system resources and services.

(C) Maximizing available funding including Federal dollars.

(D) Ensuring equitable cost sharing.

(2) Subject to the limitations of this subsection, the following may apply for financial assistance under this subsection:

(i) The governing body of a county, other than a county of the first or second class.

(ii) A transportation company designated by the governing body of the county as the coordinator of community transportation service.

(iii) An agency or instrumentality of the Commonwealth.

(2.1) Each eligible applicant shall be subject to all of the following requirements:

(i) An applicant for financial assistance for capital expenditures for the provision of public community transportation service shall certify to the department that it has taken all reasonable steps to coordinate local service for the elderly and persons with disabilities and that the services to be offered with the capital assets do not duplicate existing fixed-route services.

(ii) The governing body of a county or the coordinator described under this paragraph shall not be eligible for financial assistance for service stabilization if any of the following apply:

(A) The coordinator receives financial assistance under the operating program established under this chapter.

(B) The coordinator is a private for-profit provider.

(3) Financial assistance for service stabilization may only be provided for the following purposes:

(i) Short-term, long-term and strategic planning.

(ii) Technology investment.

(iii) Training programs designed to enhance transportation management and staff expertise.

(iv) Offsetting operating expenses that cannot be covered by fare revenue due to emergencies.

(v) Marketing activities.

(vi) Other stabilization purposes approved by the department.

(4) The department shall give high priority to providing financial assistance under this subsection as match for Federal funding to support capital projects for community transportation systems.

(5) The department shall conduct a study to evaluate the effectiveness and efficiency of community transportation service delivery as it relates to human service programs. The Department of Public Welfare, the Office of the Budget and the Department of Aging and other appropriate Commonwealth agencies identified by the department shall participate in the study. Within two years following the effective date of this section, these agencies shall make recommendations to the Governor and the Majority and Minority chairpersons of the Transportation Committee of the Senate and the Majority and Minority chairpersons of the Transportation Committee of the House of Representatives for improving coordination and efficiency of human services and community transportation.

(d.1) Welfare-to-work and Federal programs match.--The department is authorized to provide financial assistance under this section to design and implement projects and services and to reimburse award recipients for the expenses associated with the projects and services that identify and address public passenger transportation and related barriers preventing individuals eligible for participation in the Federal welfare-to-work program from securing and maintaining employment and from accessing community services and facilities. All of the following shall apply:

(1) A local transportation organization, a transportation company designated by a county as the coordinator of community transportation services or any other person approved by the department may apply to the department for financial assistance under this subsection.

(2) Financial assistance awarded under this subsection shall be used for any of the following purposes:

(i) Fixed-route service subsidy.

(ii) Contracted transportation services.

(iii) Fixed-route fare discounts.

(iv) Community transportation fare discounts.

(v) Taxi fare discounts.

(vi) Mileage reimbursement.

(vii) Vehicle purchase, insurance, maintenance and repair.

(viii) Driver education classes.

(ix) Administrative expenses.

(x) Case management expenses.

(xi) Any other activities consistent with the transportation related elements of the welfare-to-work program.

(3) The department shall give high priority to providing financial assistance under this subsection as match for Federal funding to support projects with similar purposes and eligible uses, including the Federal Job Access Reverse Commute and New Freedoms programs.

(e) Technical assistance, demonstration and emergency.--The department is authorized to provide financial assistance under this section for technical assistance, research and short-term demonstration or emergency projects. All of the following shall apply:

(1) A local transportation organization or an agency or instrumentality of the Commonwealth may apply to the department for financial assistance under this subsection.

(2) Financial assistance provided under this subsection may be used for reimbursement for any approved operating or capital costs related to technical assistance and demonstration program projects. Financial assistance for short-term demonstration projects may be provided at the department's discretion on an annual basis based on the level of financial commitment provided by the award recipient to provide ongoing future funding for the project as soon as the project meets the criteria established by the department and the award recipient. Financial assistance for this purpose shall not be provided for more than three fiscal years. Financial assistance may be provided to meet any short-term emergency need that requires immediate attention and cannot be funded through other sources.

(3) Financial assistance under this subsection provided to a local transportation organization shall be matched by local or private cash funding in an amount not less than 3.33% of the amount of the financial assistance being

provided. The sources of funds for the local match shall be subject to the requirements of section 1513(d)(3) (relating to operating program).

(4) As follows:

(i) For short-term demonstration projects awarded financial assistance under this subsection, the department shall determine if the demonstration project was successful based upon the performance criteria established prior to the commencement of the demonstration project and approved by the department.

(ii) If the department determines that the demonstration project was successful, the local transportation organization or agency or instrumentality of the Commonwealth that conducted the demonstration project shall be eligible to apply for and receive funds under section 1513 to sustain and transition the demonstration project into regularly scheduled public passenger transportation service.

(iii) During the first year in which the demonstration project is eligible for and applies for financial assistance under section 1513, the local transportation organization or agency or instrumentality of the Commonwealth that conducted the demonstration project and transitioned it to regularly scheduled public passenger transportation service shall be eligible to receive financial assistance up to 65% of the transportation service's prior fiscal year operating costs or expenses for the service as an initial base operating allocation.

(iv) The initial base operating allocation shall be taken from the growth under section 1513 over the prior year before distributing the remainder of the formula described in section 1513.

(f) Shared Ride Community Transportation Service Delivery Pilot Program.--

(1) The department may develop and implement a pilot program to test and evaluate new models of paying for and delivering shared ride and community transportation. The goals of the program are as follows:

(i) Develop a community transportation delivery model that can be managed to stay within budget.

(ii) Develop community transportation service standards with needs-based priorities.

(iii) Develop a business model and fare structure that work across funding programs.

(iv) Maximize efficiency and effectiveness of the services.

(2) The department shall establish an advisory committee to provide guidance and input for pilot planning, start-up, operations, data collection and post pilot evaluation. The committee shall be comprised of the following:

(i) A member appointed by the President pro tempore of the Senate.

(ii) A member appointed by the Minority Leader of the Senate.

(iii) A member appointed by the Speaker of the House of Representatives.

(iv) A member appointed by the Minority Leader of the House of Representatives.

(v) Two members from the Pennsylvania Public Transit Association appointed by the secretary.

(vi) A member appointed by the secretary to represent people with disabilities.

(vii) A member appointed by the Secretary of Aging to represent senior citizens.

(viii) A member appointed by the Secretary of Public Welfare to represent people using medical assistance transportation.

(ix) A member of the County Commissioners Association appointed by the secretary.

(x) The secretary or a designee.

(xi) The Secretary of Aging or a designee.

(xii) The Secretary of the Budget or a designee.

(xiii) The Secretary of Public Welfare or a designee.

(3) The department shall work with the committee to define potential pilot models within 12 months of the effective date of this subsection.

(4) The department shall publish the notice of availability of the program models and framework in the Pennsylvania Bulletin and receive applications from counties and shared ride community transportation systems interested in participating in the program for the three-month period following the publication of the notice.

(5) The department may work with the committee to redefine the basis for payment using lottery and other State funding sources currently used to support community transportation programs for selected pilot counties and shared ride community transportation systems to test new methods of service delivery and payment. Each project must have a business plan with management controls, service standards and budget controls. The business plan shall be reviewed by the committee prior to being implemented. (Nov. 25, 2013, P.L.974, No.89, eff. imd.) 2013 Amendment. Act 89 amended subsecs. (b)(1) and (e) and added subsec. (f). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014. Cross References. Section 1516 is referred to in section 1506 of this title.
74 Pa.C.S. § 1747 — PA Code / Title 74 / Chapter 17 / Section 1747
Acquisition of equipment.
Status: in_force

(a) General rule.--The authority shall have power to purchase or otherwise acquire the ownership or use of or access to equipment, such as cars, trolley buses, street cars, buses, monorails, railroad motive power, trains, railroad passenger

cars and equipment, subway passenger cars and equipment, elevated passenger or passenger and rail rolling stock, self-propelled and gallery cars, locomotives, rails, lines, poles and wires, as well as any equipment necessary for the improvement of or overhaul of any of the foregoing, and any other equipment which, in the judgment of the authority, may be useful in the operation of a transportation system. The authority shall have the power to execute agreements, leases and equipment trust certificates in a form satisfactory to the authority to effect the purchase or acquisition and may dispose of such equipment trust certificates, provided that the certificates shall be offered for sale in a manner similar to that provided for the sale of bonds in this chapter. All money required to be paid by the authority under the provisions of the agreements, leases and equipment trust certificates shall be payable solely from the revenue or income to be derived from the transportation system and from grants and loans as provided elsewhere in this chapter. Payment for the equipment or rentals therefor may be made in installments and the deferred installments may be evidenced by equipment trust certificates payable solely from such revenue, income, grants or loans and title to the equipment shall not vest in the authority until the equipment trust certificates are paid.

(b) Trustee.--The agreement to purchase may direct the vendor to sell and assign the equipment to a bank, bank and trust company or trust company duly authorized to transact business in this Commonwealth as trustee for the benefit and security of the equipment trust certificates and may direct the trustee to deliver the equipment to one or more designated officers of the authority and may authorize the trustee simultaneously therewith to execute and deliver a lease of the equipment to the authority.

(c) Authorization and acknowledgment.--The agreements and leases shall be duly acknowledged before some person authorized by law to take acknowledgments of deeds and in the form required for acknowledgments of deeds, and such agreements, leases and equipment trust certificates shall be authorized by resolution of the board and shall contain such covenants, conditions and provisions as may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from the revenue or income to be derived from the transportation system.

(d) Provisions of agreements.--The covenants, conditions and provisions of the agreements, leases and equipment trust certificates shall not conflict with any of the provisions of any trust indenture securing the payment of bonds of the authority.

(e) Filing.--An executed copy of each agreement and lease shall be filed in the Office of the Secretary of the Commonwealth who shall be entitled to receive $1 for each copy filed. This filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser. Each vehicle so purchased and leased shall have the name of the owner and lessor plainly marked upon both sides thereof, followed by the words

"Owner and Lessor."
74 Pa.C.S. § 1725 — PA Code / Title 74 / Chapter 17 / Section 1725
Public hearings.
Status: in_force

(a) Conduct.--All public hearings required by this chapter shall be conducted so as to insure that:

(1) Members of the public are afforded a reasonable opportunity to comment orally or in writing or both orally and in writing concerning actions the authority proposes to take.

(2) The site of the hearing is a convenient, accessible location.

(3) Members of the public are adequately informed at the outset regarding the purposes of the hearing and the matters on the agenda.

(4) Reasonable and legitimate questions from members of the public are answered.

(b) Decrease in service.--Whenever a decrease in service is proposed, a public hearing shall be conducted in accordance with this section in the area affected by the proposed decrease in service.
74 Pa.C.S. § 1510.1 — PA Code / Title 74 / Chapter 15 / Section 1510.1
State Safety Oversight Office.
Status: in_force

(a) Establishment.--The State Safety Oversight Office is established in the department and shall be under the jurisdiction of the secretary. The secretary, in consultation with the Federal Transit Administration, shall determine an appropriate staffing level for the SSO Office that is commensurate with the number, size and complexity of fixed guideway public transportation systems in this Commonwealth. The SSO Office shall adhere to and have the authority and capability to perform and enforce the provisions and functions specified under this section, 49 U.S.C. § 5329 (relating to public transportation safety program) and the associated Federal regulations set forth and adopted for oversight for each fixed guideway public transportation system.

(b) Program standard.--The SSO Office shall establish, adopt, administer and enforce the SSO program standard in a manner consistent with and compliant with the requirements specified under this section, 49 U.S.C. § 5329 and the associated Federal regulations set forth and adopted for oversight for each fixed guideway public transportation system. The SSO Office shall annually review and consult with each fixed guideway public transportation system that the SSO Office oversees in the development of the SSO program standard. The consultation under this subsection must demonstrate, in writing, that the SSO Office has taken each fixed guideway public transportation system's comments, concerns and feedback under good faith consideration in further adopting, implementing and maintaining the SSO program standard.

(c) Risk-based inspections, investigations, audits, testing and other oversight activities.--

(1) The SSO Office shall conduct risk-based inspections, investigations, audits and other oversight activities at each fixed guideway public transportation system.

(2) In carrying out the requirements under this subsection, the SSO Office shall enter the facilities of each fixed guideway public transportation system, at reasonable times and in a reasonable manner, either physically or virtually, to inspect infrastructure, equipment, records, personnel and data, including the data that the fixed guideway public transportation system collects when identifying and evaluating safety risks and safety events, with or without advanced notice to the fixed guideway public transportation system. The SSO Office shall be accompanied by trained and certified employees of the fixed guideway public transportation system, as deemed appropriate by the fixed guideway public transportation system, upon arrival at the location where the inspection will be conducted.

(3) The following shall apply:

(i) The SSO Office shall ensure that all official personnel, including representatives or contractors, engaged to enter onto the property of a fixed guideway public transportation system wear appropriate safety attire as determined in the SSO program standards.

(ii) Official personnel of the SSO Office may not have direct access to the networks and computer systems of the fixed guideway public transportation system unless authorized by and in a format deemed appropriate by the fixed guideway public transportation system. Data requested by the SSO Office and provided by the fixed

guideway public transportation system shall be accompanied by a written certification of the data's completeness and accuracy.

(iii) If department personnel engage in any acts provided for under 42 Pa.C.S. § 8522 (relating to exceptions to sovereign immunity), the department shall be liable for damages as provided for under 42 Pa.C.S. Ch. 85 (relating to matters affecting government units). The fixed guideway public transportation system shall retain all common law and statutory rights and remedies to pursue causes of action for recovery of damages that may be caused by department contractors.

(4) The SSO Office shall establish in the SSO program standard policies specifying the qualifications of inspectors, protocol for inspecting public and nonpublic portions of fixed guideway public transportation systems and the secure transfer and administration of public transportation system data.

(d) Failure to comply.--If a fixed guideway public transportation system fails to comply with relevant safety-related Federal and State laws and the SSO program standard, the SSO Office may:

(1) Issue a safety directive requiring the fixed guideway public transportation system to correct the safety deficiency.

(2) Require the prioritization and utilization of State funding to correct the safety deficiency.

(3) Issue temporary orders to reduce or stop service of the fixed guideway public transportation system.

(e) Enforcement action.--In response to an imminent threat to the safety of fixed guideway public transportation system employees or the general public by an unacceptable hazardous condition, the SSO Office shall issue and enforce temporary actions or directives to the fixed guideway public transportation system.

(f) Security and emergency preparedness plan oversight.--The SSO Office shall oversee the fixed guideway public transportation system's implementation of and compliance with the fixed guideway public transportation system's security and emergency preparedness plan as it relates to the fixed guideway public transportation system and does not conflict with or exceed security and emergency preparedness plan requirements developed and administered by the Transportation Security Administration under the United States Department of Homeland Security.

(g) Safety and security certification.--The SSO Office shall oversee a fixed guideway public transportation system's execution of safety and security certification processes for new capital projects being developed and constructed for the fixed guideway public transportation system and do not conflict with or exceed the security certification developed and administered by the Transportation Security Administration under the United States Department of Homeland Security.

(h) SSO Office's security oversight limitations.--The SSO Office's security oversight may not exceed what is provided for under subsections (f) and (g) except to the extent additional State security oversight is required by Federal law, regulation or directive.

(i) Confidentiality.--Data and reports generated by or submitted to the SSO Office and not made publicly available under this section and pertaining to security of a fixed

guideway public transportation system or its passenger operations are not:

(1) Subject to access under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(2) Discoverable or admissible as evidence in any third-party legal action or other proceeding for damages.

(j) Appeal process.--Each fixed guideway public transportation system shall have the right and ability to directly petition to the department when the fixed guideway public transportation system disagrees with any SSO program standard update adopted by the SSO Office or compliance or enforcement action taken by the SSO Office. The following apply:

(1) Upon petition, the fixed guideway public transportation system shall be afforded a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).

(2) After the hearing, the department shall respond in a timely manner with a written decision in accordance with 2 Pa.C.S. § 507 (relating to contents and service of adjudications).

(3) The decision of the department shall be subject to appeal in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(k) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Fixed guideway nonrail public transportation system." As follows:

(1) Any of the following:

(i) Route 103 Busway operated by the transportation authority of the metropolitan area as defined in section 1701 (relating to definitions).

(ii) Martin Luther King, Jr., East Busway operated by the local transportation organization organized and existing under the act of April 6, 1956 (1955 P.L.1414, No.465), known as the Second Class County Port Authority Act.

(iii) South Busway operated by the local transportation organization organized and existing under the Second Class County Port Authority Act.

(iv) West Busway operated by the local transportation organization organized and existing under the Second Class County Port Authority Act.

(v) Other busways designed and constructed by the transportation authority of the metropolitan area as defined under section 1701 or the local transportation organization organized and existing under the Second Class County Port Authority Act that meet the definition of a "bus rapid transit" system as defined by the National Transit Database and which operates on a fixed guideway.

(2) Any other busway project that has entered the preliminary engineering phase.

"Fixed guideway public transportation system." Fixed guideway nonrail public transportation systems and rail-fixed guideway public transportation systems.

"Rail-fixed guideway public transportation system." As follows:

(1) A fixed guideway system that:

(i) Uses rail.

(ii) Is operated for public transportation.

(iii) Is operated within this Commonwealth.

(iv) Is not subject to the jurisdiction of the Federal Railroad Administration.

(2) Any system described under paragraph (1) that is in the engineering or construction phase.

"Safety and security certification." A series of processes that collectively verify the safety and security readiness associated with a capital project.

"Security and emergency preparedness plan." A document developed and adopted by a rail-fixed guideway public transportation system describing security and emergency preparedness policies, objectives, responsibilities and procedures.

"SSO Office." The State Safety Oversight Office established under this section.

"SSO program standard." A document established and enforced by the SSO Office that identifies the processes and procedures that govern the activities of the SSO Office and includes minimum safety standards, policies and procedures that are consistent with and compliant with the requirements specified under this section, 49 U.S.C. § 5329 and the associated Federal regulations set forth and adopted for oversight for each fixed guideway public transportation system. (July 17, 2024, P.L.965, No.91, eff. imd.) 2024 Amendment. Act 91 added section 1510.1.
74 Pa.C.S. § 1701 — PA Code / Title 74 / Chapter 17 / Section 1701
Definitions.
Status: in_force

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:

"Authority." Any body corporate and politic created under this chapter or created under the former provisions of Article III of the act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation Law, or the former provisions of Chapter 15 (relating to metropolitan transportation authorities) and continued under this chapter.

"Board." The governing and policymaking body of an authority.

"Bonds." Notes, bonds, bond anticipation notes, refunding notes and bonds, interim certificates, debentures and other evidences of indebtedness or obligations which an authority is authorized to issue under this chapter.

"Cash flow deficit." A cash deficit occurring solely because revenues and expenditures, even when in balance on a fiscal year basis or with respect to any other period of computation, are not received and disbursed at equivalent rates throughout the fiscal year or other period of computation.

"Comprehensive transportation plan." A comprehensive statement consisting of maps, charts and textual matter of an authority's policies, strategies and objectives for the development of the transportation system consistent with the legislative findings and declared policy of this chapter and the rights, powers and duties of the authority.

"Department." The Department of Transportation of the Commonwealth.

"Federal agency." The Federal Government, the President of the United States and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the Federal Government.

"Government agency." The Governor, departments, boards, commissions, authorities and other officers and agencies of this Commonwealth, including, but not limited to, those which are not subject to the policy supervision and control of the Governor, any political subdivision, municipality, municipal or other local authority and any officer or agency of any such political subdivision or local authority. The term does not include any court or other officer or agency of the unified judicial system or the General Assembly or its officers and agencies.

"Government obligations."

(1) Direct obligations of or obligations the principal of and interest on which are unconditionally guaranteed by the Federal Government, including, but not limited to, evidences of a direct ownership interest in future interest or principal payments on obligations issued or guaranteed by the Federal Government, which obligations are held in a custody account by a custodian under the terms of a custody agreement.

(2) The term includes obligations issued by any state of the United States or any political subdivision, public instrumentality or public authority of any state of the United States, provision for the full and timely payment of the principal or premium of and interest on which shall have been made by deposit with a trustee or escrow agent under an irrevocable security agreement of obligations described in paragraph (1).

"Legislative body." The term shall mean, in counties of the first class, the city council, in the other counties, the board

of county commissioners or the county council and, in the other municipalities, that body authorized by law to enact ordinances.

"Majority." Any whole number constituting more than half of the total number.

"Master trust indenture." A trust indenture, trust agreement or deed of trust providing for the incurrence of indebtedness guaranteed on a joint and several basis by a group of obligated issuers.

"Mayor." The chief executive officer of any first class city in any first class county.

"Metropolitan area." All of the territory within the boundaries of any county of the first class and all other counties located in whole or in part within 20 miles of the first class county.

"Municipality." Any city, county, borough, incorporated town, township or other political subdivision. The terms "municipality" and "political subdivision" shall have the same meaning when used in this chapter.

"Obligee of an authority." Any holder or owner of any bond of an authority or any trustee or other fiduciary for any such holder or any provider of a letter of credit, policy of municipal bond insurance or other credit enhancement or liquidity facility for bonds of an authority.

"Person." The term shall mean and include corporations, partnerships, associations, Federal agencies, the Commonwealth, government agencies and other entities, as well as natural persons.

"Political subdivision." Any county, city, borough, incorporated town, township, school district, vocational school district and county institution district.

"Project." Any structure, facility or undertaking which an authority is authorized to acquire, construct, improve, lease, maintain, operate, contract for or otherwise function with respect to under the provisions of this or any other act, including, but not limited to, all work and material incidental thereto and all costs thereof, including all amounts necessary to place the project into operation.

"Qualified financial institution." A bank, bank and trust company, trust company, national banking association, insurance company or other financial services company whose unsecured long-term debt obligations, in the case of a bank, trust company, national banking association or other financial services company, or whose claims paying abilities, in the case of an insurance company, are rated in any of the three highest rating categories without reference to subcategories by a rating agency. For purposes of this definition, the term "financial services company" shall include any investment banking firm or any affiliate or division thereof which may be legally authorized to enter into the transactions described in this chapter pertaining, applicable or limited to a qualified financial institution.

"Rating agency."

(1) The term includes the following:

(i) Standard & Poor's Corporation and any successor thereto.

(ii) Moody's Investors Service and any successor thereto.

(iii) Fitch Investors Service, Inc., and any successor thereto.

(2) If the rating agencies cited in paragraph (1) shall no longer perform the functions of a securities rating

service, the term shall mean any other nationally recognized rating service or services.

"Real estate-related matter." A transaction or agreement which involves any fee, leasehold or other estate or interest in, over or under real property in which the authority has an interest or wishes to acquire an interest, including, but not limited to, structures, fixtures and other improvements and interests which by custom, usage or law pass with the conveyance of real property though not described in the contract of sale or instrument of conveyance. The term includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water and includes any contract, joint venture, management or brokerage agreement which is related directly or indirectly thereto.

"Transportation system." All property, real and personal, useful for the transportation of passengers for hire, including, but not limited to, power plants, substations, terminals, garages, bridges, tunnels, subways, elevated lines, monorails, railroad motive power, trains, railroad passenger cars and equipment, belt conveyors, inclines, car barns, street cars, buses, rails, lines, poles, wires, stations and off-street parking facilities rights-of-way, as well as the franchises, rights and licenses therefor, including rights to provide group, party and paratransit services. The term shall not include a taxicab. Cross References. Section 1701 is referred to in section 1510.1 of this title.
74 Pa.C.S. § 1721 — PA Code / Title 74 / Chapter 17 / Section 1721
Counsel to the board.
Status: in_force

The board shall appoint a counsel to the board, who shall be an attorney at law admitted to practice before the Supreme Court of Pennsylvania and who shall be appointed by the board to serve at its discretion. The board shall pay the counsel to the board reasonable compensation for services actually performed. The counsel to the board shall advise the board in all matters relating to its official duties and shall, notwithstanding any other provision of this chapter, approve all matters relating to bonds and indentures. Cross References. Section 1721 is referred to in section 1722 of this title.