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Asset improvement program - 74 Pa. Cons. Stat. § 1514Legal Research Home > Pennsylvania Statutes
§ 1514. Asset improvement program.
(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.--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).
(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.
(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.
Cross References. Section 1514 is referred to in sections
1506, 1515 of this title.
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Last modified: November 27, 2007 |
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