HB 257 — An Act amending Titles 4 (Amusements), 74 (Transportation) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in interactive gaming, further providing for interactive gaming tax; in sustainable mobility options, further providing for definitions, for fund and for operating program and providing for annual performance evaluation and for operating a controlled substance injection site near infrastructure of a local transportation organization; in metropolitan transportation authorities, further providing for special prosecutor for mass transit; in public-private transportation partnerships, providing for metropolitan transportation authority projects; in licensing of drivers, further providing for persons ineligible for licensing, license issuance to minors and junior driver's license, for learners' permits, for application for driver's license or learner's permit by minor and for examination of applicant for driver's license; in miscellaneous provisions relating to operation of vehicles, providing for the offense of interference with operation or movement of a public transit vehicle and for sentencing enhancement for drug delivery on transit; in lighting equipment, further providing for use and display of illuminated signs; in taxes for highway maintenance and construction, providing for supplemental funding for three and four digit highway construction; and establishing the Supplemental Funding for Three and Four Digit State Routes Account in the Motor License Fund.

SECTION 1506(C) OF TITLE 74 IS AMENDED BY ADDING A PARAGRAPH, SUBSECTIONS (E)(1) AND (3) ARE AMENDED BY ADDING SUBPARAGRAPHS AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 1506.

FUND.

* * * (C) OTHER DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO THE FUND ANNUALLY:

* * * (3.5) MONEY DEPOSITED INTO THE FUND UNDER 4 PA.C.S.

§ 13B52(D)(2)(II)(C.1)(I) AND (C.2)(I) (RELATING TO INTERACTIVE GAMING TAX).

* * * (E) PROGRAM FUNDING AMOUNTS.--SUBJECT TO AVAILABLE FUNDS, 20250HB0257PN2211 - 5 - THE PROGRAMS ESTABLISHED UNDER THIS CHAPTER SHALL BE FUNDED ANNUALLY AS FOLLOWS:

(1) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1513 (RELATING TO OPERATING PROGRAM), THE FOLLOWING AMOUNTS SHALL BE ALLOCATED FROM THE FUND:

* * * (VIII) 86.76% OF THE TOTAL AMOUNT DEPOSITED INTO THE FUND UNDER SUBSECTION (C)(3.5).

* * * (3) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1516 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE):

* * * (III) 13.24% OF THE TOTAL AMOUNT DEPOSITED INTO THE FUND UNDER SUBSECTION (C)(3.5).

* * * (F) ADDITIONAL AUTHORIZATION FOR OPERATING PROGRAM.--SUBJECT TO SUBSECTION (G) AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR FISCAL YEARS 2025-2026 AND 2026-2027, IF A LOCAL TRANSPORTATION ORGANIZATION RECEIVES FUNDS UNDER SECTION 1514 DIRECTLY, THE LOCAL TRANSPORTATION ORGANIZATION MAY TRANSFER FUNDS AVAILABLE TO THE LOCAL TRANSPORTATION ORGANIZATION UNDER SECTION 1514 TO SUPPLEMENT FUNDS PROVIDED TO THE LOCAL TRANSPORTATION ORGANIZATION UNDER SECTION 1513.

IF A LOCAL TRANSPORTATION ORGANIZATION DOES NOT RECEIVE FUNDS UNDER SECTION 1514 DIRECTLY, THE LOCAL TRANSPORTATION ORGANIZATION MAY REQUEST FUNDS AVAILABLE UNDER SECTION 1514 FROM THE DEPARTMENT TO SUPPLEMENT FUNDS PROVIDED UNDER SECTION 1513.

FUNDS TRANSFERRED UNDER THIS SUBSECTION SHALL NOT BE COUNTED TOWARD THE LIMITATION UNDER SECTION 1513(C)(3).

THE FOLLOWING SHALL APPLY:

(1) IN FISCAL YEAR 2025-2026, THE AMOUNT A LOCAL 20250HB0257PN2211 - 6 - TRANSPORTATION ORGANIZATION OR THE DEPARTMENT MAY TRANSFER UNDER THIS SUBSECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN:

(I) THE AMOUNT OF FINANCIAL ASSISTANCE THE LOCAL TRANSPORTATION ORGANIZATION WOULD RECEIVE FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(1)(VIII) IF THAT AMOUNT EQUALED $253,773,000, AS DETERMINED BY THE DEPARTMENT CONSISTENT WITH SECTION 1513;

AND (II) THE AMOUNT OF FINANCIAL ASSISTANCE THE LOCAL TRANSPORTATION ORGANIZATION RECEIVES FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(1)(VIII).

(2) IN FISCAL YEAR 2026-2027, THE AMOUNT A LOCAL TRANSPORTATION ORGANIZATION OR THE DEPARTMENT MAY TRANSFER UNDER THIS SUBSECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN:

(I) THE AMOUNT OF FINANCIAL ASSISTANCE THE LOCAL TRANSPORTATION ORGANIZATION WOULD RECEIVE FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(1)(VIII) IF THAT AMOUNT EQUALED $260,280,000, AS DETERMINED BY THE DEPARTMENT CONSISTENT WITH SECTION 1513;

AND (II) THE AMOUNT OF FINANCIAL ASSISTANCE THE LOCAL TRANSPORTATION ORGANIZATION RECEIVES FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(1)(VIII).

(3) THE PROVISIONS OF SECTION 1513(C.1) SHALL NOT APPLY TO FUNDS TRANSFERRED UNDER THIS SUBSECTION.

(F.1) ADDITIONAL AUTHORIZATION FOR PROGRAMS OF STATEWIDE SIGNIFICANCE.--FOR FISCAL YEARS 2025-2026 AND 2026-2027, THE DEPARTMENT MAY TRANSFER FUNDS AVAILABLE UNDER SECTION 1514 TO SUPPLEMENT FUNDS PROVIDED UNDER SECTION 1516.

THE FOLLOWING SHALL APPLY:

20250HB0257PN2211 - 7 - (1) IN FISCAL YEAR 2025-2026, THE AMOUNT THE DEPARTMENT MAY TRANSFER UNDER THIS SUBSECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN:

(I) THE AMOUNT OF FINANCIAL ASSISTANCE THE DEPARTMENT WOULD RECEIVE FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(3)(III) IF THAT AMOUNT EQUALED $38,727,000;

AND (II) THE AMOUNT OF FINANCIAL ASSISTANCE THE DEPARTMENT RECEIVES FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(3)(III).

(2) IN FISCAL YEAR 2026-2027, THE AMOUNT THE DEPARTMENT MAY TRANSFER UNDER THIS SUBSECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN:

(I) THE AMOUNT OF FINANCIAL ASSISTANCE THE DEPARTMENT WOULD RECEIVE FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(3)(III) IF THAT AMOUNT EQUALED $39,720,000;

AND (II) THE AMOUNT OF FINANCIAL ASSISTANCE THE DEPARTMENT RECEIVES FROM FUNDING ALLOCATED UNDER SUBSECTION (E)(3)(III).

(G) LOCAL MATCH REQUIREMENT.-- (1) NOTWITHSTANDING SECTION 1513(D), BEGINNING IN THE FIRST FISCAL YEAR THAT A LOCAL TRANSPORTATION ORGANIZATION THAT IS A METROPOLITAN TRANSPORTATION AUTHORITY OR AN AUTHORITY ESTABLISHED UNDER THE ACT OF APRIL 6, 1956 (1955 P.L.1414, NO.465), KNOWN AS THE SECOND CLASS COUNTY PORT AUTHORITY ACT, TRANSFERS MONEY UNDER SUBSECTION (F), AND IN EACH FISCAL YEAR THEREAFTER REGARDLESS OF WHETHER THE LOCAL TRANSPORTATION ORGANIZATION TRANSFERS MONEY UNDER SUBSECTION (F) IN A SUBSEQUENT FISCAL YEAR, OPERATING ASSISTANCE 20250HB0257PN2211 - 8 - PROVIDED UNDER SECTION 1513 OR MONEY TRANSFERRED UNDER SUBSECTION (F) SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN 20% OF THE OPERATING ASSISTANCE PROVIDED.

(2) LOCAL MATCH FUNDING PROVIDED UNDER PARAGRAPH (1) IN EXCESS OF THE REQUIRED 15% MATCH SHALL BE USED TO FUND IMPROVEMENTS THAT ENHANCE SECURITY AND SAFETY FOR PASSENGERS AND EMPLOYEES, INCLUDING CAPITAL IMPROVEMENTS.

THE IMPROVEMENTS MAY INCLUDE SURVEILLANCE CAMERAS, RELATED VIDEO ANALYTICS TECHNOLOGY AND ANTI-FARE EVASION TECHNOLOGY, EQUIPMENT AND IMPROVEMENTS.

(H) TRANSFERS.-- (1) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, THE SECRETARY OF THE BUDGET SHALL TRANSFER $162,000,000 FROM THE FUND TO THE SUPPLEMENTAL FUNDING FOR THREE AND FOUR DIGIT STATE ROUTES ACCOUNT IN THE MOTOR LICENSE FUND.

(2) NO LATER THAN JULY 31, 2026, THE SECRETARY OF THE BUDGET SHALL TRANSFER AN ADDITIONAL $257,000,000 FROM THE FUND TO THE SUPPLEMENTAL FUNDING FOR THREE AND FOUR DIGIT STATE ROUTES ACCOUNT IN THE MOTOR LICENSE FUND.

SECTION 4.

SECTION 1513 OF TITLE 74 IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 1513.

OPERATING PROGRAM.

* * * (E.1) INITIAL PERFORMANCE REVIEW FOR LARGE SYSTEMS.--THE DEPARTMENT SHALL CONDUCT AN INITIAL PERFORMANCE REVIEW OF AN AWARD RECIPIENT UNDER THIS SECTION THAT SERVES A POPULATION OF AT LEAST 600,000 NO LATER THAN JUNE 30, 2027, AND AT REGULAR INTERVALS THEREAFTER AS ESTABLISHED BY THE DEPARTMENT.

20250HB0257PN2211 - 9 - * * * (I) FARE ADJUSTMENTS BASED ON CONSUMER PRICE INDEX.-- (1) SUBJECT TO PARAGRAPHS (3) AND (4), TO BE ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER THIS SECTION:

(I) BY JANUARY 1, 2026, A LOCAL TRANSPORTATION ORGANIZATION SHALL INCREASE FARES BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS DETERMINED BY THE DEPARTMENT UNDER 75 PA.C.S.

§ 1904(C)(2)(I) (RELATING TO COLLECTION AND DISPOSITION OF FEES AND MONEYS), AS APPLIED ON OR AFTER JULY 1, 2025.

THE DEPARTMENT SHALL NOTIFY LOCAL TRANSPORTATION ORGANIZATIONS OF THE APPLICABLE PERCENTAGE INCREASE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.

(II) NO LATER THAN JULY 1, 2027, AND BY JULY 1 OF EVERY SECOND CALENDAR YEAR THEREAFTER, A LOCAL TRANSPORTATION ORGANIZATION SHALL INCREASE FARES BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS DETERMINED BY THE DEPARTMENT UNDER 75 PA.C.S.

§ 1904(C)(2)(I) FOR THE 24-MONTH PERIOD ENDING THE PRIOR JANUARY 31.

THE DEPARTMENT SHALL NOTIFY LOCAL TRANSPORTATION ORGANIZATIONS OF THE APPLICABLE PERCENTAGE INCREASE UNDER THIS SUBPARAGRAPH NO LATER THAN APRIL 1 OF THE CALENDAR YEAR IN WHICH THE INCREASE WILL TAKE EFFECT.

(2) THE PERCENTAGE INCREASE UNDER PARAGRAPH (1) SHALL APPLY EQUALLY TO ALL FARES, EXCEPT FOR FREE OR DISCOUNTED FARES CHARGED TO SENIOR CITIZENS IN ACCORDANCE WITH THIS CHAPTER, LISTED IN THE FARE SCHEDULE ON FILE WITH THE DEPARTMENT UNDER SUBSECTION (J) AS OF THE EFFECTIVE DATE OF THE INCREASE.

20250HB0257PN2211 - 10 - (3) UPON REQUEST OF A LOCAL TRANSPORTATION ORGANIZATION, THE DEPARTMENT MAY REDUCE THE INCREASE REQUIRED UNDER PARAGRAPH (1) IF THE DEPARTMENT DETERMINES THAT THE LOCAL TRANSPORTATION ORGANIZATION RAISED FARES FOLLOWING THE MOST RECENT REQUIRED INCREASE.

THE REDUCTION UNDER THIS PARAGRAPH SHALL BE PROPORTIONAL TO THE FARE INCREASE IMPLEMENTED BY THE LOCAL TRANSPORTATION ORGANIZATION AFTER THE MOST RECENT REQUIRED INCREASE.

(4) UPON REQUEST OF A LOCAL TRANSPORTATION ORGANIZATION, THE DEPARTMENT MAY WAIVE THE REQUIREMENT UNDER PARAGRAPH (1) IF THE DEPARTMENT DETERMINES THAT THE LOCAL TRANSPORTATION ORGANIZATION DID NOT EXPERIENCE AN OPERATING BUDGET DEFICIT IN THE PRECEDING FISCAL YEAR AND IS NOT PROJECTED TO EXPERIENCE AN OPERATING BUDGET DEFICIT IN THE FISCAL YEAR IN WHICH THE INCREASE WOULD OCCUR OR IN ANY OF THE SUCCEEDING THREE FISCAL YEARS.

(5) IF THE DEPARTMENT GRANTS A REDUCTION UNDER PARAGRAPH (3) OR A WAIVER UNDER PARAGRAPH (4), THE DEPARTMENT SHALL NOTIFY THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, 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.

(6) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PROHIBIT A LOCAL TRANSPORTATION ORGANIZATION FROM INCREASING FARES MORE FREQUENTLY OR BY A GREATER AMOUNT THAN REQUIRED UNDER THIS SUBSECTION.

(J) FARE SCHEDULE.--BY OCTOBER 1, 2025, OR WITHIN 30 DAYS OF 20250HB0257PN2211 - 11 - THE EFFECTIVE DATE OF THIS SUBSECTION, WHICHEVER IS LATER, AND WITHIN 30 DAYS OF A FARE INCREASE OR DECREASE, A LOCAL TRANSPORTATION ORGANIZATION SHALL FILE WITH THE DEPARTMENT A FARE SCHEDULE LISTING THE FARES IN EFFECT ON THE DATE OF FILING.

THE FARE SCHEDULE SHALL INCLUDE THE BASE FARE FOR A SINGLE, ONE- WAY TRIP FOR EACH MODE OF PUBLIC PASSENGER TRANSPORTATION OFFERED, FARE DIFFERENTIALS BASED ON GEOGRAPHY, DISCOUNTS OR INCENTIVES BASED ON METHOD OF PAYMENT, CLASSIFICATION OF PASSENGER OR NUMBER OF TRIPS PURCHASED AND ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.

THE FARE SCHEDULE SHALL BE SUBMITTED IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT.

THE DEPARTMENT SHALL POST EACH LOCAL TRANSPORTATION ORGANIZATION'S CURRENT FARE SCHEDULE ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(K) MAINTENANCE OF EFFORT.--A METROPOLITAN TRANSPORTATION AUTHORITY OR AN AUTHORITY ESTABLISHED UNDER THE ACT OF APRIL 6, 1956 (1955 P.L.1414, NO.465), KNOWN AS THE SECOND CLASS COUNTY PORT AUTHORITY ACT, THAT ADOPTED AN OPERATING BUDGET FOR FISCAL YEAR 2025-2026 WHICH INCLUDES A FARE INCREASE MAY NOT REDUCE OR REPEAL THE FARE INCREASE IF THE AUTHORITY TRANSFERS FUNDING UNDER SECTION 1506(F) (RELATING TO ADDITIONAL AUTHORIZATION FOR OPERATING PROGRAM).

(L) 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:

"FARE." A FEE CHARGED BY A LOCAL TRANSPORTATION ORGANIZATION TO A PASSENGER FOR PUBLIC PASSENGER TRANSPORTATION.

"OPERATING BUDGET DEFICIT." A CONDITION IN WHICH A LOCAL TRANSPORTATION ORGANIZATION'S ANNUAL OPERATING EXPENSES EXCEED THE SUM OF THE LOCAL TRANSPORTATION ORGANIZATION'S ANNUAL 20250HB0257PN2211 - 12 - OPERATING REVENUE, ANNUAL OPERATING SUBSIDIES, INCLUDING FINANCIAL ASSISTANCE UNDER THIS SECTION OR SECTION 1508 (RELATING TO FEDERAL FUNDING) OR 1516 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE), AND ANNUAL LOCAL OR PRIVATE CASH FUNDING FOR OPERATIONS.

SECTION 5.

TITLE 74 IS AMENDED BY ADDING SECTIONS TO READ:

§ 1513.1.

ANNUAL PERFORMANCE EVALUATION.

(A) ANNUAL PERFORMANCE EVALUATION.--NOTWITHSTANDING SECTION 1513(E)(1) AND (E.1) (RELATING TO OPERATING PROGRAM), THE DEPARTMENT SHALL CONDUCT AN ANNUAL PERFORMANCE REVIEW OF AN AWARD RECIPIENT TO DETERMINE THE EFFECTIVENESS OF THE FINANCIAL ASSISTANCE AND THE AWARD RECIPIENT'S COMPLIANCE WITH THE PERFORMANCE CRITERIA ESTABLISHED UNDER SUBSECTION (B) AND SECTION 1513(F).

THE DEPARTMENT MAY CONDUCT ADDITIONAL PERFORMANCE REVIEWS OF AN AWARD RECIPIENT AT INTERVALS ESTABLISHED BY THE DEPARTMENT.

UPON COMPLETION OF A REVIEW, THE DEPARTMENT SHALL ISSUE A REPORT THAT MEETS ALL OF THE FOLLOWING CRITERIA:

(1) HIGHLIGHTS EXCEPTIONAL PERFORMANCE AND IDENTIFIES ANY DEFICIENCIES.

(2) ASSESSES THE EFFICIENCY AND EFFECTIVENESS OF THE SPECIFIC USES OF FINANCIAL ASSISTANCE PROVIDED BY THE COMMONWEALTH AND MUNICIPALITIES.

(3) RECOMMENDS APPROPRIATE CORRECTIVE ACTIONS TO ADDRESS ANY DEFICIENCIES, INEFFICIENCIES OR PROBLEMS IDENTIFIED.

(4) INCLUDES AN ACTION PLAN IDENTIFYING THE POSITIONS OR DEPARTMENTS RESPONSIBLE FOR THE RECOMMENDED CORRECTIVE ACTIONS AND THE TIME FRAME FOR THEIR COMPLETION.

(5) ANALYZES ANY INVESTMENT OF FINANCIAL ASSISTANCE IN VIDEO SURVEILLANCE CAMERAS AND ANALYTICS TECHNOLOGY TO 20250HB0257PN2211 - 13 - ENHANCE PASSENGER AND EMPLOYEE SAFETY AND OPERATIONAL EFFICIENCY.

(6) DETAILS AND EVALUATES THE FINANCIAL IMPACT OF PROGRAMS THAT OFFER FREE OR REDUCED FARES.

(7) LISTS ANY REAL OR PERSONAL PROPERTY OWNED BY THE AWARD RECIPIENT, INCLUDING THE UTILIZATION AND RATES OF PARKING LOTS, AND PROVIDES AN EVALUATION OF PROPERTY THAT MAY BE REPURPOSED OR SOLD TO ENHANCE SUSTAINABILITY AND REDUCE LIABILITY.

(B) ADDITIONAL PERFORMANCE CRITERIA.--IN ADDITION TO THE PERFORMANCE CRITERIA ESTABLISHED UNDER SECTION 1513(F), THE DEPARTMENT SHALL ESTABLISH ADDITIONAL MINIMUM SYSTEM PERFORMANCE CRITERIA FOR AN AWARD RECIPIENT, WHICH SHALL INCLUDE ALL OF THE FOLLOWING:

(1) STANDARDS TO IMPROVE THE AWARD RECIPIENT'S FISCAL STABILITY, INCLUDING ALL OF THE FOLLOWING:

(I) MEASURES TO AVOID DEFAULT.

(II) AN EVALUATION OF THE FARES ASSESSED BY THE AWARD RECIPIENT AT LEAST ONCE EVERY THREE YEARS.

(III) LIMITS ON FINANCING DEFICITS AND DEBTS.

(IV) MEASURES TO REDUCE FARE EVASION LEAKAGE.

(V) INITIATIVES TO ADVANCE AND INVEST IN FINANCIAL STABILITY.

(2) STANDARDS TO INCREASE SAFETY AND SECURITY, INCLUDING ALL OF THE FOLLOWING:

(I) MEASURES TO REDUCE CRIMINAL ACTIVITY.

(II) MEASURES TO IMPROVE CLEANLINESS.

(III) ENFORCEMENT OF 18 PA.C.S.

§ 3926 (RELATING TO THEFT OF SERVICES).

(IV) INITIATIVES TO PROTECT OPERATORS, EMPLOYEES AND 20250HB0257PN2211 - 14 - PASSENGERS.

(V) MEASURES TO ADDRESS QUALITY OF LIFE CONCERNS.

(3) STANDARDS TO ENSURE ACCESS TO PUBLIC TRANSPORTATION IN A METROPOLITAN AREA, INCLUDING ALL OF THE FOLLOWING:

(I) IMPROVING RELIABILITY OF FIXED-ROUTE SERVICE.

(II) MODERNIZING FIXED-ROUTE SERVICE.

(III) ADVANCING SHOVEL-READY CAPITAL PROJECTS.

(IV) EXPLORING PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIPS FOR TRANSPORTATION FACILITIES CONSISTENT WITH SECTION 9107.1 (RELATING TO METROPOLITAN TRANSPORTATION AUTHORITY PROJECTS).

(C) FAILURE TO MEET CRITERIA.--FAILURE OF AN AWARD RECIPIENT TO SATISFY THE MINIMUM SYSTEM PERFORMANCE CRITERIA UNDER SUBSECTION (B) AND SECTION 1513(F) SHALL RESULT IN APPLICATION OF THE PROCEDURE UNDER SECTION 1513(G).

(C.1) ACTION PLANS AND REPORTS.--AN AWARD RECIPIENT SHALL SUBMIT THE ACTION PLAN AND QUARTERLY PROGRESS REPORTS REQUIRED UNDER SECTION 1513(G)(1) TO 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.

(D) REGULATIONS.-- (1) THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ESTABLISH THE MINIMUM SYSTEM PERFORMANCE CRITERIA BASED ON A COMPARISON OF AN AWARD RECIPIENT'S PERFORMANCE TO THE RECIPIENT'S PAST PERFORMANCE AND TO PEER AUTHORITIES.

(2) THE DEPARTMENT SHALL PROMULGATE TEMPORARY REGULATIONS TO ESTABLISH THE MINIMUM SYSTEM PERFORMANCE CRITERIA SPECIFIED UNDER PARAGRAPH (1).

THE TEMPORARY REGULATIONS SHALL EXPIRE NO LATER THAN THREE YEARS AFTER 20250HB0257PN2211 - 15 - PUBLICATION OR UPON PROMULGATION OF FINAL-FORM REGULATIONS, WHICHEVER IS EARLIER.

THE TEMPORARY REGULATIONS SHALL NOT BE SUBJECT TO ANY OF THE FOLLOWING:

(I) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

(II) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW.

(III) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.

(IV) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.

(E) REPORT.--THE DEPARTMENT SHALL DELIVER EACH ANNUAL REPORT REQUIRED UNDER SUBSECTION (A) TO THE GOVERNOR, 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.

BY NOVEMBER 30 OF EACH YEAR, THE DEPARTMENT AND A REPRESENTATIVE FROM EACH AWARD RECIPIENT SHALL APPEAR AND PRESENT EACH REPORT TO THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

THE PRESENTATION SHALL BE AT THE CALL OF THE CHAIRPERSON OF EACH RESPECTIVE COMMITTEE.

THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT'S REGULATIONS UNDER SUBSECTION (D) SHALL DESCRIBE HOW EACH REPORT'S FINDINGS MAY AFFECT THE AMOUNT AND FUTURE ELIGIBILITY FOR FINANCIAL ASSISTANCE UNDER THIS TITLE.

(2) THE DEPARTMENT SHALL DEVELOP A LIST OF BEST 20250HB0257PN2211 - 16 - PRACTICES IDENTIFIED IN EACH REPORT AND POST THE LIST ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(3) EACH REPORT SHALL BE POSTED ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITES OF BOTH THE DEPARTMENT AND THE AWARD RECIPIENT.

(4) THE DEPARTMENT SHALL PREPARE A REPORT CARD SUMMARIZING THE RESULTS OF THE ADDITIONAL PERFORMANCE CRITERIA UNDER SUBSECTION (B).

(F) APPLICABILITY.--THIS SECTION SHALL APPLY TO AN AWARD RECIPIENT THAT SERVES A POPULATION OF AT LEAST 600,000 AND TRANSFERS MONEY UNDER SECTION 1506(F) (RELATING TO FUND).

§ 1521.

OPERATING A CONTROLLED SUBSTANCE INJECTION SITE NEAR INFRASTRUCTURE OF A LOCAL TRANSPORTATION ORGANIZATION.

(A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF OPERATING A CONTROLLED SUBSTANCE INJECTION SITE NEAR INFRASTRUCTURE OF A LOCAL TRANSPORTATION ORGANIZATION IF THE PERSON OPERATES A CLINIC OR ESTABLISHMENT, WITHIN 2,500 FEET OF THE INFRASTRUCTURE OF A LOCAL TRANSPORTATION ORGANIZATION, THAT KNOWINGLY PROVIDES SPACE FOR AN INDIVIDUAL TO INJECT, INGEST, INHALE OR OTHERWISE INTRODUCE INTO THE INDIVIDUAL'S BODY A CONTROLLED SUBSTANCE.

(B) JURISDICTION.-- (1) THE DISTRICT ATTORNEY OF A COUNTY WHERE A CLINIC OR ESTABLISHMENT IS LOCATED SHALL HAVE AUTHORITY TO INVESTIGATE AND TO INSTITUTE CRIMINAL PROCEEDINGS FOR A VIOLATION OF THIS SECTION.

(2) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL UNDER THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, THE 20250HB0257PN2211 - 17 - ATTORNEY GENERAL SHALL HAVE AUTHORITY TO INVESTIGATE AND TO INSTITUTE CRIMINAL PROCEEDINGS FOR A VIOLATION OF THIS SECTION.

(3) A PERSON CHARGED WITH A VIOLATION OF THIS SECTION BY THE ATTORNEY GENERAL SHALL NOT HAVE STANDING TO CHALLENGE THE AUTHORITY OF THE ATTORNEY GENERAL TO INVESTIGATE OR PROSECUTE THE CASE.

IF A CHALLENGE IS MADE, THE CHALLENGE SHALL BE DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.

(4) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO LIMIT THE REGULATORY OR INVESTIGATIVE AUTHORITY OF A DEPARTMENT OR AGENCY OF THE COMMONWEALTH RELATING TO PERSONS, ENTERPRISES OR MATTERS WITHIN THE SCOPE OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR THIS SECTION.

(C) CRIMINAL PENALTY.--A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) COMMITS A FELONY AND SHALL BE SENTENCED TO A TERM OF IMPRISONMENT OF NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $500,000, OR BOTH, OR, FOR A PERSON OTHER THAN AN INDIVIDUAL, A FINE OF NOT MORE THAN $2,000,000.

(D) CIVIL PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $250,000.

THE ATTORNEY GENERAL SHALL HAVE THE POWER AND DUTY TO INSTITUTE PROCEEDINGS TO RECOVER THE CIVIL PENALTY AGAINST ANY PERSON LIABLE TO THE COMMONWEALTH FOR THE PENALTY.

(E) DEPOSIT.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FINE OR CIVIL PENALTY FOR A VIOLATION OF THIS SECTION SHALL BE DEPOSITED INTO THE PUBLIC TRANSPORTATION TRUST FUND AND DISTRIBUTED FOR PROGRAMS OF STATEWIDE SIGNIFICANCE UNDER SECTION 1516 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE).

20250HB0257PN2211 - 18 - (F) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:

(1) PROHIBIT THE PROVISION OF SPACE FOR THE USE OF A MEDICAL MARIJUANA PRODUCT IN CONFORMANCE WITH THE ACT OF APRIL 17, 2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT;

(2) PROHIBIT A PRACTITIONER FROM PRESCRIBING, ADMINISTERING OR DISPENSING A CONTROLLED SUBSTANCE IN A MANNER PERMITTED UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;

OR (3) AUTHORIZE THE OPERATION OF A CLINIC OR ESTABLISHMENT THAT KNOWINGLY PROVIDES SPACE FOR AN INDIVIDUAL TO INJECT, INGEST, INHALE OR OTHERWISE INTRODUCE INTO THE INDIVIDUAL'S BODY A CONTROLLED SUBSTANCE IN THIS COMMONWEALTH.

(G) 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:

"CONTROLLED SUBSTANCE." THE TERM SHALL HAVE THE MEANING GIVEN TO IT IN THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

"INFRASTRUCTURE." THE PHYSICAL STRUCTURES AND FACILITIES USEFUL FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE BY A LOCAL TRANSPORTATION ORGANIZATION, INCLUDING ALL OF THE FOLLOWING:

(1) REAL PROPERTY OWNED OR OPERATED BY A LOCAL TRANSPORTATION ORGANIZATION.

(2) SPECIFIED REGULARLY SCHEDULED STOPPING POINTS ALONG DESIGNATED ROUTES FOR THE TAKING ON AND DISCHARGING OF PASSENGERS, INCLUDING PUBLIC BUS AND COMMUTER RAIL SYSTEMS AND OTHER APPROVED TRANSPORTATION SERVICE.

(3) OFF-STREET PARKING FACILITIES.

20250HB0257PN2211 - 19 - SECTION 6.

SECTION 1786(A)(1) INTRODUCTORY PARAGRAPH, (3), (6), (8), (9)(III), (10), (11), (12), (13) AND (14) AND (B) OF TITLE 74 ARE AMENDED AND SUBSECTION (A) IS AMENDED BY ADDING PARAGRAPHS TO READ:

§ 1786.

SPECIAL PROSECUTOR FOR MASS TRANSIT.

(A) SPECIAL PROSECUTOR.--WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE ATTORNEY GENERAL SHALL APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE AND INSTITUTE CRIMINAL PROCEEDINGS FOR A VIOLATION OF THE LAWS OF THIS COMMONWEALTH OCCURRING WITHIN A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS IN ACCORDANCE WITH THIS SECTION.

THE FOLLOWING SHALL APPLY TO THE SPECIAL PROSECUTOR:

(1) [THE] FOR A SPECIAL PROSECUTOR APPOINTED BEFORE THE EFFECTIVE DATE OF PARAGRAPH (1.1), THE SPECIAL PROSECUTOR MUST:

* * * (1.1) FOR A SPECIAL PROSECUTOR APPOINTED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE SPECIAL PROSECUTOR MUST:

(I) BE A MEMBER IN GOOD STANDING OF THE BAR OF THIS COMMONWEALTH.

(II) POSSESS THE CHARACTER AND FITNESS COMPATIBLE WITH THE STANDARDS EXPECTED OF MEMBERS OF THE BAR OF THIS COMMONWEALTH.

(III) BE A RESIDENT OF A COUNTY OF THE FIRST CLASS.

(IV) NOT HAVE BEEN EMPLOYED BY THE DISTRICT ATTORNEY'S OFFICE IN A COUNTY OF THE FIRST CLASS WITHIN SEVEN YEARS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.

(V) BE AN INDIVIDUAL WHO, BY REASON OF TRAINING, 20250HB0257PN2211 - 20 - EXPERIENCE AND ATTAINMENT, IS QUALIFIED TO REPRESENT THE INTERESTS AND OVERALL SAFETY OF THE PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

(1.2) EXCEPT AS PROVIDED UNDER PARAGRAPH (6.1), THE TERM OF OFFICE FOR A SPECIAL PROSECUTOR APPOINTED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE FOUR YEARS OR UNTIL A SUCCESSOR IS APPOINTED.

A SPECIAL PROSECUTOR MAY NOT SERVE MORE THAN THREE CONSECUTIVE TERMS.

(1.3) AN INDIVIDUAL APPOINTED AS A SPECIAL PROSECUTOR MAY NOT SEEK ELECTION OR ACCEPT APPOINTMENT TO ANOTHER POLITICAL OFFICE DURING THE INDIVIDUAL'S TERM OF SERVICE AS A SPECIAL PROSECUTOR AND FOR A PERIOD OF TWO YEARS THEREAFTER.

* * * (3) FOR THE PURPOSES OF CARRYING OUT THE DUTIES OF THE OFFICE OF SPECIAL PROSECUTOR, A SPECIAL PROSECUTOR MAY USE FACILITIES, RESOURCES AND PERSONNEL OF THE ATTORNEY GENERAL, INCLUDING INVESTIGATORS, ATTORNEYS AND NECESSARY EXPERTS, TO ASSIST WITH A CRIMINAL INVESTIGATION OR PROSECUTION.

A SPECIAL PROSECUTOR MAY ALSO USE THE FACILITIES OF THE PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

A SPECIAL PROSECUTOR MAY REQUEST ASSISTANCE FROM THE PENNSYLVANIA STATE POLICE OR ANY LAW ENFORCEMENT AGENCY WITH APPROPRIATE JURISDICTION IN CARRYING OUT THE FUNCTIONS OF THE SPECIAL PROSECUTOR.

THE PENNSYLVANIA STATE POLICE OR ANY LAW ENFORCEMENT AGENCY WITH APPROPRIATE JURISDICTION MAY PROVIDE ASSISTANCE, WHICH MAY INCLUDE THE USE OF RESOURCES AND PERSONNEL NECESSARY TO PERFORM THE DUTIES OF THE SPECIAL 20250HB0257PN2211 - 21 - PROSECUTOR.

* * * (6) IF A VACANCY IN OFFICE ARISES BY REASON OF THE EXPIRATION OF TERM, RESIGNATION, DEATH OR REMOVAL FOR ANY OTHER REASON OF A SPECIAL PROSECUTOR, THE ATTORNEY GENERAL SHALL APPOINT A REPLACEMENT WITHIN 30 DAYS.

(6.1) IF A SPECIAL PROSECUTOR IS DISBARRED OR HAS A SUSPENDED LAW LICENSE, THE SPECIAL PROSECUTOR'S TERM OF OFFICE UNDER PARAGRAPH (1.2) SHALL BE DEEMED SERVED, AND THE ATTORNEY GENERAL SHALL APPOINT A REPLACEMENT IN ACCORDANCE WITH PARAGRAPH (6).

* * * [(8) NO NEW ACTION OR PROCEEDING MAY BE INITIATED BY A SPECIAL PROSECUTOR UNDER THIS SECTION AFTER DECEMBER 31, 2026.

NOTICE OF FINAL DISPOSITION OF THE LAST REMAINING ACTION OR PROCEEDING INITIATED UNDER THIS SECTION PRIOR TO DECEMBER 31, 2026, SHALL BE TRANSMITTED TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.] (9) THE SPECIAL PROSECUTOR SHALL COMPILE REPORTS RELATED TO THE CRIMINAL ACTIVITY AND ADMINISTRATIVE PROCEEDINGS WITHIN A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS, TO WHICH THE FOLLOWING SHALL APPLY:

* * * (III) EACH REPORT SHALL CONTAIN THE FOLLOWING INFORMATION FOR THE PERIOD OF TIME BETWEEN EACH REPORT:

(A) THE TOTAL NUMBER OF ARRESTS FOR ALLEGED CRIMINAL ACTIVITY WITHIN A PUBLIC TRANSPORTATION 20250HB0257PN2211 - 22 - AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

(B) THE TOTAL NUMBER OF BILLS OF INFORMATION FILED FOR ALLEGED VIOLATIONS WITHIN A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

(C) THE TOTAL NUMBER OF CONVICTIONS RESULTING FROM PROSECUTIONS BY THE SPECIAL PROSECUTOR.

(D) EACH SENTENCE IMPOSED FOR EACH CONVICTION FOR A CRIME COMMITTED WITHIN A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

(E) (RESERVED).

(F) ANY OTHER INFORMATION THE SPECIAL PROSECUTOR DEEMS NECESSARY.

(IV) EACH REPORT SUBMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH SHALL BE MADE AVAILABLE ON THE ATTORNEY GENERAL'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

[(10) A COUNTY OF THE FIRST CLASS IN WHICH A SPECIAL PROSECUTOR IS APPOINTED UNDER THIS SECTION SHALL REIMBURSE THE SPECIAL PROSECUTOR AND THE OFFICE OF ATTORNEY GENERAL FOR ANY EXPENSES INCURRED WHILE INVESTIGATING OR PROSECUTING AN ALLEGED VIOLATION OF THE LAWS OF THIS COMMONWEALTH OCCURRING WITHIN A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS.

FOR REIMBURSEMENT, THE SPECIAL PROSECUTOR SHALL SUBMIT AN ITEMIZED STATEMENT OF EXPENSES OF 20250HB0257PN2211 - 23 - THE SPECIAL PROSECUTOR AND OFFICE OF ATTORNEY GENERAL TO THE TREASURER OF THE COUNTY OF THE FIRST CLASS, WHO SHALL PAY THE EXPENSES FROM THE GENERAL FUNDS OF THE COUNTY OF THE FIRST CLASS WITHIN 30 DAYS OF RECEIPT OF THE ITEMIZED STATEMENT.

REIMBURSEMENT UNDER THIS SECTION MAY NOT EXCEED ACTUAL EXPENSES INCURRED IN PROSECUTING ANY ACTION, INCLUDING THE AMOUNT NECESSARY TO COMPENSATE THE SPECIAL PROSECUTOR.] (11) A SPECIAL PROSECUTOR APPOINTED [UNDER THIS SECTION] BEFORE THE EFFECTIVE DATE OF PARAGRAPH (11.1) SHALL RECEIVE COMPENSATION TO BE PAID BY THE OFFICE OF ATTORNEY GENERAL AT THE PER DIEM RATE EQUAL TO THE ANNUAL RATE OF COMPENSATION PAYABLE TO THE DISTRICT ATTORNEY OF A COUNTY OF THE FIRST CLASS.

A SPECIAL PROSECUTOR SHALL BE ENTITLED TO THE PAYMENT OF TRAVEL EXPENSES WITHIN THIS COMMONWEALTH.

(11.1) A SPECIAL PROSECUTOR APPOINTED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE AN EMPLOYEE OF THE COMMONWEALTH AND SHALL RECEIVE COMPENSATION EQUAL TO THE COMPENSATION OF A FULL-TIME DISTRICT ATTORNEY AS PROVIDED UNDER 16 PA.C.S.

§ 14301(F) (RELATING TO DISTRICT ATTORNEY, QUALIFICATIONS, ELIGIBILITY AND COMPENSATION).

THE COMPENSATION SHALL BE PAID BY THE OFFICE OF ATTORNEY GENERAL.

A SPECIAL PROSECUTOR SHALL BE ENTITLED TO THE PAYMENT OF TRAVEL EXPENSES INCURRED WITHIN THIS COMMONWEALTH.

[(12) NOTWITHSTANDING SECTION 1401(P) OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, DURING THE PERIOD IN WHICH A SPECIAL PROSECUTOR SERVES IN A COUNTY OF THE FIRST CLASS, THE COMMONWEALTH MAY NOT REIMBURSE THAT COUNTY FOR THE SALARY OF THE DISTRICT ATTORNEY OF THAT COUNTY.

AN AMOUNT EQUAL TO THE REIMBURSEMENT THAT WOULD HAVE BEEN MADE IF NO SPECIAL PROSECUTOR HAD BEEN APPOINTED SHALL 20250HB0257PN2211 - 24 - BE USED TO REIMBURSE THE OFFICE OF ATTORNEY GENERAL FOR THE COMPENSATION OF THE SPECIAL PROSECUTOR AND ANY EXPENSES INCURRED FOR THE PURPOSE OF CARRYING OUT THE DUTIES OF THE SPECIAL PROSECUTOR.

(13) THIS SECTION SHALL EXPIRE UPON PUBLICATION OF THE NOTICE UNDER PARAGRAPH (8).] (14) THE ATTORNEY GENERAL, THE COUNTY OF THE FIRST CLASS, THE DISTRICT ATTORNEY OF THE FIRST CLASS AND THE PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS MUST COMPLY WITH THIS SECTION [UNTIL THIS SECTION EXPIRES UNDER PARAGRAPH (13)].

* * * (16) A SPECIAL PROSECUTOR MAY APPLY FOR FEDERAL FUNDS TO IMPLEMENT THIS SECTION.

(17) TO IMPLEMENT THIS SECTION, A SPECIAL PROSECUTOR AND THE OFFICE OF ATTORNEY GENERAL MAY USE ANY OF THE FOLLOWING:

(I) MONEY APPROPRIATED TO THE SPECIAL PROSECUTOR FOR THE PURPOSES OF THIS SECTION.

(II) MONEY APPROPRIATED TO THE OFFICE OF ATTORNEY GENERAL FOR THE PURPOSES OF THIS SECTION.

(III) MONEY APPROPRIATED TO A PUBLIC TRANSPORTATION AUTHORITY THAT SERVES AS THE PRIMARY PROVIDER OF PUBLIC PASSENGER TRANSPORTATION IN THE COUNTY OF THE FIRST CLASS FOR THE PURPOSES OF THIS SECTION.

(IV) ANY OTHER FEDERAL, STATE OR LOCAL MONEY APPROPRIATED OR AWARDED FOR THE PURPOSES OF THIS SECTION.

(18) NO NEW ACTION OR PROCEEDING MAY BE INITIATED BY A SPECIAL PROSECUTOR UNDER THIS SECTION AFTER DECEMBER 31, 2035.

20250HB0257PN2211 - 25 - (19) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A VACANCY IN THE OFFICE OF SPECIAL PROSECUTOR OCCURS, THE OFFICE OF ATTORNEY GENERAL SHALL HAVE AUTHORITY TO CONTINUE THE INVESTIGATION OR PROSECUTION OF A CRIMINAL MATTER IF THE CRIMINAL MATTER WAS INITIATED BEFORE THE VACANCY AND THE ATTORNEY GENERAL IS ACTIVELY SEEKING TO APPOINT A REPLACEMENT AS PROVIDED UNDER PARAGRAPH (6).

THIS PARAGRAPH SHALL EXPIRE DECEMBER 31, 2035.

(20) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A VACANCY IN THE OFFICE OF SPECIAL PROSECUTOR OCCURS, THE OFFICE OF ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO CONTINUE THE INVESTIGATION OR PROSECUTION OF A CRIMINAL MATTER IF THE CRIMINAL MATTER WAS INITIATED BEFORE THE VACANCY.

(21) NOTICE OF FINAL DISPOSITION OF THE LAST REMAINING ACTION OR PROCEEDING INITIATED UNDER THIS SECTION SHALL BE TRANSMITTED BY THE OFFICE OF ATTORNEY GENERAL TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

(22) UNLESS EXTENDED BY STATUTE, THIS SECTION SHALL EXPIRE UPON PUBLICATION OF THE NOTICE UNDER PARAGRAPH (21).

(B) 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:

"LAW ENFORCEMENT AGENCY." ANY OF THE FOLLOWING:

(1) A PUBLIC AGENCY OF A POLITICAL SUBDIVISION HAVING GENERAL POLICE POWERS AND CHARGED WITH MAKING ARRESTS IN CONNECTION WITH THE ENFORCEMENT OF THE CRIMINAL OR TRAFFIC LAWS.

(2) A CAMPUS POLICE OR UNIVERSITY POLICE DEPARTMENT, AS 20250HB0257PN2211 - 26 - USED IN SECTION 2416 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, CERTIFIED BY THE OFFICE OF ATTORNEY GENERAL AS A CRIMINAL JUSTICE AGENCY UNDER THE DEFINITION OF "CRIMINAL JUSTICE AGENCY" IN 18 PA.C.S.

§ 9102 (RELATING TO DEFINITIONS).

(3) A RAILROAD OR STREET RAILWAY POLICE DEPARTMENT FORMED WITH OFFICERS COMMISSIONED UNDER 22 PA.C.S.

CH.

33 (RELATING TO RAILROAD AND STREET RAILWAY POLICE) OR ANY PRIOR STATUTE PROVIDING FOR THE COMMISSIONING.

(4) AN AIRPORT AUTHORITY POLICE DEPARTMENT.

[(5) A COUNTY PARK POLICE FORCE UNDER SECTION 2511(B) OF THE COUNTY CODE.] "WITHIN A PUBLIC TRANSPORTATION AUTHORITY." THE TERM SHALL HAVE THE SAME MEANING AS TRANSPORTATION SYSTEM AS DEFINED IN SECTION 1701 (RELATING TO DEFINITIONS).

SECTION 7.

TITLE 74 IS AMENDED BY ADDING A SECTION TO READ:

§ 9107.1.

METROPOLITAN TRANSPORTATION AUTHORITY PROJECTS.

(A) INITIAL SUBMISSION.--WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION, A METROPOLITAN TRANSPORTATION AUTHORITY SHALL SUBMIT AT LEAST ONE TRANSPORTATION PROJECT INVOLVING AT LEAST ONE TRANSPORTATION FACILITY TO THE BOARD FOR CONSIDERATION.

(B) ONGOING EXPLORATION.--BEGINNING IN CALENDAR YEAR 2027, A METROPOLITAN TRANSPORTATION AUTHORITY SHALL, NO LESS THAN ANNUALLY, EXPLORE AT LEAST ONE TRANSPORTATION PROJECT INVOLVING AT LEAST ONE TRANSPORTATION FACILITY.

(C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "METROPOLITAN TRANSPORTATION AUTHORITY" MEANS A TRANSIT AUTHORITY THAT SERVES ALL OF THE TERRITORY WITHIN THE BOUNDARIES OF A COUNTY OF THE FIRST CLASS AND ALL OTHER COUNTIES LOCATED IN 20250HB0257PN2211 - 27 - WHOLE OR IN PART WITHIN 20 MILES OF THE COUNTY OF THE FIRST CLASS.

SECTION 8.

SECTION 1503(C)(1) OF TITLE 75 IS AMENDED TO READ:

§ 1503.

PERSONS INELIGIBLE FOR LICENSING;

LICENSE ISSUANCE TO MINORS;

JUNIOR DRIVER'S LICENSE.

* * * (C) JUNIOR DRIVER'S LICENSE.--THE DEPARTMENT MAY ISSUE A JUNIOR DRIVER'S LICENSE TO A PERSON 16 OR 17 YEARS OF AGE UNDER RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT AND SUBJECT TO THE PROVISIONS OF THIS SECTION.

A JUNIOR DRIVER'S LICENSE SHALL AUTOMATICALLY BECOME A REGULAR DRIVER'S LICENSE WHEN THE JUNIOR DRIVER ATTAINS 18 YEARS OF AGE.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), NO LICENSED JUNIOR DRIVER SHALL DRIVE A VEHICLE UPON A PUBLIC HIGHWAY BETWEEN 11 P.M.

AND 5 A.M.

UNLESS ACCOMPANIED BY [A SPOUSE 18 YEARS OF AGE OR OLDER,] A PARENT OR A PERSON IN LOCO PARENTIS.

* * * SECTION 9.

SECTION 1505(B)(1), (E)(2) INTRODUCTORY PARAGRAPH AND (III) AND (G) OF TITLE 75, AMENDED JUNE 5, 2024 (P.L.366, NO.18), ARE AMENDED TO READ:

§ 1505.

LEARNERS' PERMITS.

* * * (B) LEARNER MUST BE ACCOMPANIED.--A LEARNER'S PERMIT ENTITLES THE PERSON TO WHOM IT WAS ISSUED TO DRIVE VEHICLES AND COMBINATIONS OF VEHICLES OF THE CLASS OR CLASSES SPECIFIED, BUT ONLY WHILE THE HOLDER OF THE LEARNER'S PERMIT IS ACCOMPANIED BY AND UNDER THE IMMEDIATE SUPERVISION OF A PERSON WHO:

(1) IS AT LEAST 21 YEARS OF AGE [OR, IF THE SPOUSE OF 20250HB0257PN2211 - 28 - THE LEARNER'S PERMIT HOLDER, IS AT LEAST 18 YEARS OF AGE];

OR, IF A PARENT, GUARDIAN OR PERSON IN LOCO PARENTIS OF THE LEARNER'S PERMIT HOLDER, IS AT LEAST 18 YEARS OF AGE;

* * * (E) AUTHORIZATION TO TEST FOR DRIVER'S LICENSE AND JUNIOR DRIVER'S LICENSE.--A PERSON WITH A LEARNER'S PERMIT IS AUTHORIZED TO TAKE THE EXAMINATION FOR A REGULAR OR JUNIOR DRIVER'S LICENSE FOR THE CLASS OF VEHICLE FOR WHICH A PERMIT IS HELD.

BEFORE A PERSON UNDER THE AGE OF 18 YEARS MAY TAKE THE EXAMINATION FOR A JUNIOR DRIVER'S LICENSE, INCLUDING A CLASS M LICENSE TO OPERATE A MOTORCYCLE, THE MINOR MUST:

* * * (2) PRESENT TO THE DEPARTMENT A CERTIFICATION FORM SIGNED BY THE FATHER, MOTHER, GUARDIAN[,] OR PERSON IN LOCO PARENTIS [OR SPOUSE OF A MARRIED MINOR] STATING THAT THE MINOR APPLICANT HAS:

* * * (III) PRINTED, AT THE DEPARTMENT'S DISCRETION, OR VIEWED EDUCATIONAL MATERIALS PROVIDED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE ON THE DANGERS OF DISTRACTED DRIVING AND UNSAFE DRIVING IN A WORK ZONE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, WRITTEN, ELECTRONIC OR VIDEO MATERIALS.

* * * (G) LIABILITY.--SUBMISSION OF A CERTIFICATION UNDER SUBSECTION (E)(2) SHALL NOT SUBJECT THE PARENT, GUARDIAN[,] OR PERSON IN LOCO PARENTIS [OR SPOUSE OF A MARRIED MINOR] TO ANY LIABILITY BASED UPON THE CERTIFICATION.

* * * SECTION 10.

SECTION 1507(B) OF TITLE 75 IS AMENDED TO READ:

20250HB0257PN2211 - 29 - § 1507.

APPLICATION FOR DRIVER'S LICENSE OR LEARNER'S PERMIT BY MINOR.

* * * [(B) SIGNATURE OF SPOUSE OF MARRIED MINOR.--THE APPLICATION OF ANY MARRIED PERSON UNDER THE AGE OF 18 YEARS MAY BE SIGNED BY THE SPOUSE, IF THE SPOUSE IS AT LEAST 18 YEARS OF AGE, AND VERIFIED BEFORE A PERSON AUTHORIZED TO ADMINISTER OATHS.] * * * SECTION 11.

SECTION 1508 OF TITLE 75 IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 1508.

EXAMINATION OF APPLICANT FOR DRIVER'S LICENSE.

* * * (C.2) WORK ZONE AWARENESS.--THE PORTION OF THE EXAMINATION ON TRAFFIC LAWS SHALL CONTAIN AT LEAST ONE QUESTION RELATING TO THE DRIVER'S ABILITY TO UNDERSTAND HOW TO DRIVE SAFELY IN A WORK ZONE.

THE DRIVER'S MANUAL SHALL INCLUDE A SECTION RELATING TO HOW TO DRIVE SAFELY IN A WORK ZONE, ALONG WITH RELATED PENALTIES.

* * * SECTION 12.

TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:

§ 3725.

INTERFERENCE WITH OPERATION OR MOVEMENT OF A PUBLIC TRANSIT VEHICLE.

(A) OFFENSE DEFINED.--A PERSON IS GUILTY OF INTERFERENCE WITH THE OPERATION OR MOVEMENT OF A PUBLIC TRANSIT VEHICLE IF THE PERSON:

(1) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSES SERIOUS BODILY INJURY OR DEATH TO AN OPERATOR WHILE IN THE PERFORMANCE OF THE OPERATOR'S DUTY;

(2) ATTEMPTS TO CAUSE OR INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSES BODILY INJURY TO AN OPERATOR WHILE IN THE 20250HB0257PN2211 - 30 - PERFORMANCE OF THE OPERATOR'S DUTY;

(3) ATTEMPTS TO INTERFERE OR INTENTIONALLY, KNOWINGLY OR RECKLESSLY INTERFERES WITH AN OPERATOR WHILE IN THE PERFORMANCE OF THE OPERATOR'S DUTY THAT RESULTS IN SERIOUS BODILY INJURY OR DEATH OF ANOTHER PERSON;

(4) ATTEMPTS TO INTERFERE OR INTENTIONALLY, KNOWINGLY OR RECKLESSLY INTERFERES WITH AN OPERATOR WHILE IN THE PERFORMANCE OF THE OPERATOR'S DUTY THAT RESULTS IN BODILY INJURY OF ANOTHER PERSON;

OR (5) ATTEMPTS BY PHYSICAL MENACE TO PUT AN OPERATOR, WHILE IN THE PERFORMANCE OF THE OPERATOR'S DUTY, IN FEAR OF IMMINENT SERIOUS BODILY INJURY OR DEATH.

(B) PENALTIES.-- (1) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) (1) OR (3) COMMITS A FELONY OF THE FIRST DEGREE.

(2) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) (2), (4) OR (5) COMMITS A FELONY OF THE THIRD DEGREE.

(C) 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:

"OPERATOR." A DRIVER, CONDUCTOR, OPERATIONS STAFF OR ENGINEER ON BOARD THE PUBLIC TRANSIT VEHICLE.

"PUBLIC TRANSIT VEHICLE." A BUS, MASS TRANSIT VEHICLE, COMMUTER RAIL PASSENGER TRANSPORTATION, AS THAT TERM IS DEFINED UNDER 49 U.S.C.

§ 24102 (RELATING TO DEFINITIONS), INCLINE, LIGHT RAIL, MONORAIL, RAILROAD PASSENGER CAR, STREETCAR, SUBWAY, TRAIN, TROLLEY AND A SIMILAR VEHICLE OR SYSTEM FOR THE EXCLUSIVE USE OF PUBLIC TRANSPORTATION.

§ 3726.

SENTENCING ENHANCEMENT FOR DRUG DELIVERY ON TRANSIT.

(A) SENTENCING ENHANCEMENT.--THE PENNSYLVANIA COMMISSION ON 20250HB0257PN2211 - 31 - SENTENCING, IN ACCORDANCE WITH 42 PA.C.S.

§ 2154 (RELATING TO ADOPTION OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A SENTENCING ENHANCEMENT FOR AN OFFENSE COMMITTED UNDER SECTION 13(A)(14) OR (30) OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, IF THE OFFENSE WAS COMMITTED ON OR WITHIN A TRANSPORTATION SYSTEM.

(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TRANSPORTATION SYSTEM" MEANS 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.

SECTION 13.

SECTION 4307(G) OF TITLE 75 IS AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 4307.

USE AND DISPLAY OF ILLUMINATED SIGNS.

* * * (F.2) PUBLIC TRANSPORTATION VEHICLES.--A PUBLIC TRANSPORTATION VEHICLE MAY CARRY ON THE REAR OR SIDE OF THE VEHICLE ILLUMINATED SIGNS, OR SURFACES DESIGNED TO BE ILLUMINATED SIGNS, PLACED SO AS NOT TO INTERFERE WITH THE VISION OF THE DRIVER THROUGH THE REAR WINDOW, IF ANY, OF THE VEHICLE.

ILLUMINATED SIGNS, OR SURFACES DESIGNED TO BE ILLUMINATED SIGNS, SHALL BE OF A SIZE AND TYPE DESIGNED NOT TO INTERFERE WITH OR 20250HB0257PN2211 - 32 - UNDULY DISTRACT DRIVERS OF OTHER VEHICLES ON THE HIGHWAY.

THE SIGN OR SURFACE SHALL INCLUDE FEATURES THAT ENHANCE ROAD SAFETY, INCLUDING ENHANCED TURN SIGNALS AND BRAKE LIGHTS, BY CONNECTING THE SIGN OR SURFACE TO A VEHICLE OPERATION INDICATOR.

THE SIGN OR SURFACE SHALL BE ABLE TO COMMUNICATE WITH THE PUBLIC THROUGH REAL-TIME, GEOFENCED AND GLOBAL POSITIONING SYSTEM ENABLED TECHNOLOGY BY PROVIDING INFORMATION AND ADVERTISING TO THE PUBLIC, INCLUDING PUBLIC SERVICE ANNOUNCEMENTS AND EMERGENCY ALERTS.

THE SIZE AND PLACEMENT OF THE SIGN OR SURFACE MUST RECEIVE APPROVAL OF THE DEPARTMENT OR BE A TYPE APPROVED BY THE DEPARTMENT PRIOR TO USE ON THE VEHICLE.

(F.3) REGULATIONS.--THE DEPARTMENT MAY PROMULGATE REGULATIONS FOR THE CERTIFICATION AND USE OF ILLUMINATED SIGNS.

(G) 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:

"FOOD DELIVERY VEHICLE." A VEHICLE ENGAGED IN THE TRANSPORTATION OR CONVEYANCE OF FOOD PRODUCTS OR ITEMS FROM THEIR PLACE OF ORIGIN OR PRODUCTION TO A PLACE OF DELIVERY.

THE VEHICLE MAY MAKE INTERMITTENT STOPS THAT ARE CUSTOMARY IN THE ROUTINE CONDUCT OF THE BUSINESS FOR WHICH THE TRANSPORTATION OCCURS.

"ILLUMINATED DECAL." A BATTERY-POWERED DEVICE MEASURING NO GREATER THAN SIX INCHES IN WIDTH AND SIX INCHES IN HEIGHT WITH AN ILLUMINATION SOURCE NOT DESIGNED TO PROJECT LIGHT BEYOND THE VEHICLE, BUT ONLY TO PROVIDE BACKLIGHTING FOR A GRAPHIC.

"PUBLIC TRANSPORTATION VEHICLE." A VEHICLE USED FOR THE PURPOSE OF PUBLIC PASSENGER TRANSPORTATION OR A TRANSPORTATION SYSTEM UNDER 74 PA.C.S.

CHS.

15 (RELATING TO SUSTAINABLE MOBILITY OPTIONS) AND 17 (RELATING TO METROPOLITAN 20250HB0257PN2211 - 33 - TRANSPORTATION AUTHORITIES) AND OPERATED BY, OR UNDER AN AGREEMENT WITH, A PUBLIC ENTITY, INCLUDING AN AIRPORT, PORT AUTHORITY, PUBLIC TRANSIT AGENCY, STATE-OWNED INSTITUTION OR STATE-RELATED INSTITUTION OR ANOTHER FEDERAL, STATE, COUNTY OR LOCAL GOVERNMENT ENTITY OR AGENCY.

THE TERM INCLUDES A BUS, LIGHT RAIL OR TRAIN.

THE TERM DOES NOT INCLUDE A SCHOOL BUS OR VEHICLE USED FOR CHARTER OR SIGHTSEEING SERVICES.

SECTION 14.

SECTION 9511.12 OF TITLE 75 IS AMENDED TO READ:

§ 9511.12.

[(RESERVED).] SUPPLEMENTAL FUNDING FOR THREE AND FOUR DIGIT HIGHWAY CONSTRUCTION.

(A) ESTABLISHMENT.--A RESTRICTED ACCOUNT IS ESTABLISHED WITHIN THE MOTOR LICENSE FUND TO BE KNOWN AS THE SUPPLEMENTAL FUNDING FOR THREE AND FOUR DIGIT STATE ROUTES ACCOUNT.

MONEY IN THE ACCOUNT IS APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS FOR USE IN ACCORDANCE WITH THIS SECTION.

(B) DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO THE ACCOUNT:

(1) MONEY DEPOSITED INTO THE MOTOR LICENSE FUND UNDER 4 PA.C.S.

§ 13B52(D)(2)(II)(C.1)(II) AND (C.2)(II) (RELATING TO INTERACTIVE GAMING TAX).

(2) MONEY DEPOSITED INTO THE MOTOR LICENSE FUND UNDER 74 PA.C.S.

§ 1506(H)(1) AND (2) (RELATING TO FUND).

(3) (RESERVED).

(4) (RESERVED).

(5) INTEREST EARNED ON MONEY IN THE ACCOUNT.

(6) (RESERVED).

(C) (RESERVED).

(D) USE.--MONEY IN THE ACCOUNT SHALL BE USED TO SUPPLEMENT, AND NOT SUPPLANT, MONEY OTHERWISE AVAILABLE FOR ELIGIBLE PROJECTS.

THE FOLLOWING SHALL APPLY:

20250HB0257PN2211 - 34 - (1) WITHIN MONEY APPORTIONED BY COUNTY UNDER SUBSECTION (E), THE DEPARTMENT SHALL PRIORITIZE ELIGIBLE PROJECTS BASED ON THE CONDITION OF ELIGIBLE HIGHWAYS WITHIN THE COUNTY.

(2) THE DEPARTMENT SHALL DEVELOP A PLAN TO DELIVER ELIGIBLE PROJECTS IN ACCORDANCE WITH THIS SECTION AND SHALL POST THE PLAN ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(3) ELIGIBLE PROJECTS FUNDED THROUGH THE ACCOUNT SHALL BE BID USING THE DEPARTMENT'S ENGINEERING AND CONSTRUCTION MANAGEMENT SYSTEM.

(4) ELIGIBLE PROJECTS FUNDED THROUGH THE ACCOUNT SHALL BE COMPLETED WITHIN FIVE YEARS.

(5) MONEY IN THE ACCOUNT MAY NOT BE USED FOR ANY OF THE FOLLOWING:

(I) PRESERVATION STRATEGIES COMMONLY REFERRED TO AS OIL AND CHIP OR SEALCOAT.

(II) PATCHING AND SEALING.

(III) BRIDGE MAINTENANCE.

(IV) ANY CONSTRUCTION, RECONSTRUCTION OR MAINTENANCE WORK PERFORMED BY THE DEPARTMENT'S COUNTY MAINTENANCE DISTRICTS.

(E) APPORTIONMENT OF MONEY.--MONEY IN THE ACCOUNT SHALL BE APPORTIONED BY COUNTY TO FUND ONE OR MORE ELIGIBLE PROJECTS ON ELIGIBLE HIGHWAYS IN THE COUNTY FOR WHICH THE MONEY IS APPORTIONED.

THE FOLLOWING SHALL APPLY:

(1) SUBJECT TO PARAGRAPH (2), THE DEPARTMENT SHALL APPORTION MONEY IN THE ACCOUNT BY COUNTY PROPORTIONATELY BASED ON THE HIGHWAY MILES OF ELIGIBLE HIGHWAYS IN A COUNTY AS A PERCENTAGE OF THE TOTAL HIGHWAY MILES OF ELIGIBLE HIGHWAYS IN THIS COMMONWEALTH.

(2) THE TOTAL SUM OF MONEY APPORTIONED FOR ALL 20250HB0257PN2211 - 35 - APPLICABLE COUNTIES MAY NOT EXCEED 14% OF THE TOTAL MONEY APPORTIONED.

(3) THE DEPARTMENT SHALL POST THE NUMBER OF HIGHWAY MILES OF ELIGIBLE HIGHWAYS FOR EACH COUNTY AND THE MONEY APPORTIONED FOR EACH COUNTY UNDER THIS SUBSECTION BY FISCAL YEAR ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(F) 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:

"ACCOUNT." THE SUPPLEMENTAL FUNDING FOR THREE AND FOUR DIGIT STATE ROUTES ACCOUNT ESTABLISHED UNDER SUBSECTION (A).

"APPLICABLE COUNTY." A COUNTY OF THE FIRST CLASS, A COUNTY OF THE SECOND CLASS OR A COUNTY IN A METROPOLITAN AREA.

"ELIGIBLE HIGHWAY." A HIGHWAY WITHIN THE DEPARTMENT'S THREE OR FOUR DIGIT STATE ROUTE NON-FEDERAL-AID HIGHWAY SYSTEM.

THE TERM DOES NOT INCLUDE HIGHWAYS ON THE NATIONAL HIGHWAY SYSTEM OR THE FEDERAL NATIONAL HIGHWAY PERFORMANCE PROGRAM.

"ELIGIBLE PROJECT." A CAPITAL PROJECT TO CONSTRUCT, RECONSTRUCT OR RESURFACE AN ELIGIBLE HIGHWAY, INCLUDING INNOVATIVE PAVEMENT STRATEGIES LIMITED TO SCRATCH AND SEAL.

THE TERM INCLUDES NECESSARY DESIGN COSTS.

"METROPOLITAN AREA." AS DEFINED IN 74 PA.C.S.

§ 1701 (RELATING TO DEFINITIONS).

SECTION 15.

THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF 74 PA.C.S.

§ 1786(A)(20), (21) AND (22) SHALL TAKE EFFECT DECEMBER 31, 2035.

(2) THE AMENDMENT OR ADDITION OF 75 PA.C.S.

§§ 1503(C) (1), 1505(B)(1), (E)(2) INTRODUCTORY PARAGRAPH AND (III) AND (G), 1507(B) AND 1508(C.2) SHALL TAKE EFFECT IN 60 DAYS.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 20250HB0257PN2211 - 36 - IMMEDIATELY.

20250HB0257PN2211 - 37 -