75 Pa.C.S. Ch. 89

in effect

75 Pa.C.S. § 8901 Definitions.

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: "Annual additional payments." As follows: (1) During the conversion period and after the conversion date, an amount equal to the scheduled annual commission contribution, minus the sum of: (i) $200,000,000 paid as annual base payments; (ii) any Interstate 80 savings for that fiscal year. (2) If the conversion period has expired and a conversion notice has not been received by the secretary, in each subsequent fiscal year until the end of the term of the lease agreement, the annual additional payments shall be $250,000,000. No annual additional payments shall be due after fiscal year 2021-2022. "Annual base payments." An amount equal to the sum of the following: (1) Annual debt service on outstanding bonds issued under section 9511.2 (relating to special revenue bonds) payable as required pursuant to the bonds. (2) Two hundred million dollars payable annually through fiscal year 2021-2022 in four equal installments each due the last business day of each July, October, January and April. (3) For fiscal year 2022-2023 and each fiscal year thereafter, the amount shall be $50,000,000 payable annually from then-current revenue. "Annual surplus payments." An amount equal to the general reserve fund surplus payable for each fiscal year until the end of the term of the lease agreement. "Auditor General's certificate." The certificate issued by the Auditor General within 180 days after the end of each fiscal year of the Pennsylvania Turnpike Commission certifying all of the following: (1) The amount of the general reserve fund surplus for the fiscal year. (2) After review of the commission's current ten-year capital plan, that the transfer of the general reserve fund surplus under section 8915.3 (relating to lease of Interstate 80; related agreements) shall not impair the ability of the commission to meet its obligations under the lease agreement or the commission's ten-year capital plan. "Commission." The Pennsylvania Turnpike Commission. "Conversion date." The date set forth in the conversion notice when the Pennsylvania Turnpike Commission intends to exercise its option to convert Interstate 80 to a toll road. "Conversion notice." Written notice to the Secretary of Transportation from the Pennsylvania Turnpike Commission providing notice of its intent to exercise its options to convert Interstate 80 under section 8915.3(3) (relating to lease of Interstate 80; related agreements). "Conversion period." A period of three years: (1) which begins on the date of execution of the lease agreement; and (2) during which the Pennsylvania Turnpike Commission may give the Department of Transportation conversion notice or notice that the commission has exercised its option to extend the conversion period pursuant to section 8915.3(2) (relating to lease of Interstate 80; related agreements). "Fiscal year." The fiscal year of the Commonwealth. "General reserve fund surplus." The amount which: (1) is certified by the Auditor General in the Auditor General's certificate as existing in the Pennsylvania Turnpike Commission's general reserve fund on the last day of the fiscal year of the commission; and (2) is not required to be retained in the general reserve fund pursuant to any financial documents, financial covenants, insurance policies, liquidity policies or agreements in effect at the commission. "Interstate 80 savings." An amount equal to the following: (1) Prior to the conversion date, the amount shall be zero. (2) In the first fiscal year, including the conversion date, the amount shall be a pro rata share of $116,985,856 calculated using the number of calendar days in the year after the conversion date divided by 365 days. (3) In the fiscal year succeeding the year, including the conversion date, the amount shall be $121,665,290. (4) In subsequent fiscal years, the amount shall be the amount calculated for the previous year increased by 4%. "Lease agreement." A lease agreement between the Department of Transportation and the Pennsylvania Turnpike Commission which shall include provisions setting forth the terms of the conversion of Interstate 80 to a toll road. "Scheduled annual commission contribution." The following amounts: (1) $750,000,000 in fiscal year 2007-2008. (2) $850,000,000 in fiscal year 2008-2009. (3) $900,000,000 in fiscal year 2009-2010. (4) For fiscal year 2010-2011 through fiscal year 2021-2022, the amount shall be the amount calculated for the previous year increased by 2.5%, except that the amount shall be equal to the annual base payments plus $250,000,000 if the conversion notice is not received by the secretary prior to the expiration of the conversion period. For fiscal year 2014-2015 and each fiscal year thereafter through fiscal year 2021-2022, at least $30,000,000 of this amount shall be paid from then-current revenue. (5) For fiscal year 2022-2023 and each fiscal year thereafter, the amount shall be $50,000,000 payable annually from then-current revenue. (July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013, P.L.974, No.89, July 1, 2014) Amendment. Act 89 amended the defs. of -œannual additional payments," -œannual base payments" and -œscheduled annual commission contribution." See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. Cross References. Section 8901 is referred to in section 9501 of this title.

75 Pa.C.S. § 8911 Improvement and extension authorizations.

In order to facilitate vehicular traffic within and across this Commonwealth, the commission is hereby authorized and empowered to construct, operate and maintain turnpike extensions and turnpike improvements at such specific locations and according to such schedule as shall be deemed feasible and approved by the commission, together with connecting roads, storm water management systems, interchanges, slip ramps, tunnels and bridges, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows: (1) Widen turnpike to six lanes between the Northeast Extension and the Delaware River Interchange. (2) Construct turnpike interchange with Interstate Route 95 in Bucks County. (3) Construct turnpike interchange with Interstate Route 476 in Montgomery County. (4) Construct turnpike interchange with Keyser Avenue in Lackawanna County. (5) Construct extensions to the existing turnpike from a point westerly of existing Interchange 2 extending northerly to a connection with the existing interchange between U.S. Route 422 and proposed State Route 60 in Lawrence County and extending southerly to a connection with existing State Route 60 in Beaver County at or near State Route 51. (6) Construct an extension to the turnpike from a point at or near Interchange 8 in Westmoreland County extending northerly to an interchange with State Route 66 northwest of Greensburg and continuing northerly to an interchange with U.S. Route 22 south of Delmont. (7) Construct an additional Lehigh Tunnel on the Northeast Extension of the turnpike. (8) Construct a private turnpike interchange directly connected to the New Cumberland Army Depot. The commission may commence construction of the private turnpike interchange notwithstanding the construction schedule established by this section. (9) Construct an interchange on the Northeast Extension with State Route 903 in Carbon County. The commission may commence construction of this interchange notwithstanding the construction schedule established by this section. (10) Other slip ramps and interchanges as the commission may determine. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 amended the intro. par. and added par. (10). Cross References. Section 8911 is referred to in sections 8913, 8914, 8915 of this title.

75 Pa.C.S. § 8912 Subsequent extension authorizations.

The commission is also hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows: (1) From an interchange with Interstate Route 70 between existing interchanges at Lover and Speers extending northerly to an interchange with Interstate Route 376 in Pittsburgh extending northwesterly toward the Midfield Terminal, Greater Pittsburgh Airport, Southern Beltway, Extension of the Findlay Connector along Interstate 79 and also extending southerly connecting with the existing interchange between U.S. Route 40 and the Mon Valley Expressway (L.R.1125). (2) From a point at or near the existing interchange between U.S. Route 40 and the Mon Valley Expressway (L.R.1125) in Fayette County southeasterly along U.S. Route 40 to Uniontown and continuing southerly along Pa. Route 857 to the West Virginia border. (3) From an interchange with the turnpike at or near Interchange 10 extending northerly generally following and coincident where feasible with existing U.S. Route 219 to an interchange with Interstate Route 80 at or near Interchange 16. (4) Construction of an interchange for access to the International Distribution Center at the Wilkes-Barre-Scranton International Airport in Luzerne County on the Northeast Extension of the Pennsylvania Turnpike System. (5) From a point at or near Turnpike Interchange 10 southerly generally along U.S. Route 219 to the Maryland border. (6) From a point at or near Interstate Route 80 Interchange 16 northerly generally along U.S. Route 219 to a connection with the existing U.S. Route 219 Expressway south of Bradford in McKean County. Cross References. Section 8912 is referred to in sections 8913, 8914, 8915 of this title.

75 Pa.C.S. § 8913 Additional subsequent extension authorizations.

Upon substantial completion of the turnpike extensions and improvements set forth in sections 8911 (relating to improvement and extension authorizations) and 8912 (relating to subsequent extension authorizations), the commission is hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows: construct from a point at or near Interstate Route 80 Interchange 23 at Milesburg southwesterly generally along U.S. Route 220 to a connection with the existing U.S. Route 220 Expressway south of Bald Eagle. Cross References. Section 8913 is referred to in sections 8914, 8915 of this title.

75 Pa.C.S. § 8914 Further subsequent authorizations.

Upon completion of the turnpike extensions and improvements set forth in sections 8911 (relating to improvement and extension authorizations), 8912 (relating to subsequent extension authorizations) and 8913 (relating to additional subsequent extension authorizations), the commission is hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows: (1) From a point at or near the intersection of State Route 65 and Crows Run Road in Beaver County, in a southeasterly direction to a point at or near the Perry Highway Interchange of the Pennsylvania Turnpike. (2) From a point at or near Exit 5 of the turnpike northerly to Brookville, Jefferson County, to a point at the intersection with Interstate Route 80. (3) From a point at or near the Pennsylvania Turnpike System into various areas of Berks County in order to complete the construction of the inner loop system and outer loop system of highways surrounding the City of Reading and to complete the missing links on Routes 222 to 422 to 1035. (4) From a point at or near the intersections of Interstate Route 70, Interstate Route 76 and T.R.119 in the Borough of Youngwood, Westmoreland County, in a northerly direction along T.R.119 and T.R.66 to the intersection of T.R.22 with a bypass around the City of Greensburg, Westmoreland County; thence north on T.R.66 to T.R.356; thence north on T.R.356 to the intersection with T.R.28. (5) From a point at or near the intersection of T.R.66 and T.R.22 in Salem Township, Westmoreland County; thence in a westerly direction paralleling T.R.22 to Exit 6 of Interstate 76. Cross References. Section 8914 is referred to in section 8915 of this title.

75 Pa.C.S. § 8914.1 Security wall pilot project.

The commission shall construct, maintain and assess the long-term effectiveness of a security wall pilot project from a point at or near milepost 1.0 on the Northeast Extension of the Pennsylvania Turnpike to a point at or near milepost 1.8. Such pilot project shall encompass the southbound lanes of the Northeast Extension between said mileposts. The commission shall commence the design and construction of the security wall pilot project authorized by this section immediately upon transfer of funds by the department. (Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 25, 1999, P.L.164, No.23, eff. 180 days)

75 Pa.C.S. § 8915 Conversion to toll roads.

In order to facilitate vehicular traffic within and across this Commonwealth, and to facilitate the completion of the turnpike extensions and improvements authorized in section 8911 (relating to improvement and extension authorizations), and subject to prior legislative approval by the General Assembly and the United States Congress, the commission is hereby authorized and empowered to convert to toll roads such portions of Pennsylvania's interstate highway system as may facilitate the completion of the turnpike extensions and improvements authorized in sections 8912 (relating to subsequent extension authorizations), 8913 (relating to additional subsequent extension authorizations) and 8914 (relating to further subsequent authorizations) and to operate and maintain such converted interstates as toll roads upon the approval by the Congress of the United States of America and the General Assembly of this Commonwealth of legislation expressly permitting the conversion of such interstates to toll roads. Such conversions shall take place at a time and manner set forth in the plan for the conversion prepared by the commission with the cooperation of the department. The provisions authorizing the commission to construct, operate and maintain the turnpike routes in sections 8911, 8912 and 8913 shall be subject to: (1) the prior passage by the Congress of the United States and the General Assembly of this Commonwealth of legislation permitting the conversion of certain interstates to toll roads; or (2) the availability of such other funds as might become available in amounts that would be sufficient to fund to completion any of the individual turnpike extensions and improvements set forth in sections 8912, 8913 and 8914 so long as no turnpike extension or improvement authorized by section 8914 is undertaken until after all the turnpike extensions authorized by section 8913 are completed and no turnpike extension authorized by section 8913 is undertaken until after all the turnpike extensions and improvements authorized by section 8912 are completed. The commission is authorized to use Federal funds which may be available for toll roads only pursuant to the approval of the Secretary of Transportation and only pursuant to the authority granted in section 19 of the act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 amended the intro. par. References in Text. The act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act, was repealed by the act of July 18, 2007 (P.L.169, No.44).

75 Pa.C.S. § 8915.1 Conversion of Interstate 80.

In order to facilitate vehicular traffic across this Commonwealth, the commission is authorized and empowered to do all of the following: (1) Convert Interstate 80 to a toll road and maintain and operate it as a toll road. (2) Construct, reconstruct, widen, expand, extend, maintain and operate Interstate 80 from a point at or near the Ohio border to a point at or near the New Jersey border, together with connecting roads, interchanges, slip ramps, tunnels and bridges. (3) Issue turnpike revenue bonds, notes or other obligations, payable solely from revenues of the commission, including tolls, or from funds as may be available to the commission for that purpose, to pay the cost of constructing, reconstructing, widening, expanding or extending Interstate 80 or any other costs of Interstate 80 and the Pennsylvania Turnpike. (4) Provide quarterly reports and periodic updates regarding significant developments with respect to the conversion of Interstate 80 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. These reports shall include, at a minimum, the status of outstanding discussions with the United States Department of Transportation regarding Interstate 80, the location and construction of tolling-related equipment for Interstate 80, planned capital improvements for Interstate 80 and other information important to implementation of this section. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.1.

75 Pa.C.S. § 8915.2 Application to United States Department of Transportation.

(a) Application.--The commission, in consultation with the department and at its own expense, is authorized to prepare and submit an application to the United States Department of Transportation for the conversion of Interstate 80 to a toll road. The secretary shall ensure that all information required for the application is made available to the commission as soon as practicable after the effective date of this section. (b) Open system.--A toll system shall consist of what is commonly referred to as an open system with no more than ten toll collection points. (c) Other agreements.--The commission and the department may enter into any other agreements as may be necessary to effectuate the execution of the application filed under this section. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.2.

75 Pa.C.S. § 8915.3 Lease of Interstate 80; related agreements.

The department and the commission shall enter into a lease agreement relating to Interstate 80 prior to October 15, 2007. The lease agreement shall include provisions setting forth the terms and conditions of the conversion of Interstate 80 to a toll road. The lease agreement and any related agreement, at a minimum, shall include the following: (1) A provision that the term of the lease agreement shall be 50 years, unless extended upon mutual agreement of the parties to the lease agreement and upon approval of the General Assembly. (2) A provision establishing the conversion period and authorizing extension of the conversion period at the sole option of the commission for three one-year extension periods after consultation with the secretary. The commission shall notify the secretary of its intent to extend the conversion period not less than 90 days before the scheduled expiration of the conversion period. During the conversion period, all legal, financial and operational responsibility for Interstate 80 shall remain with the department. All operations and programmed rehabilitation shall be maintained at levels no less favorable than those set forth in the department's 12-year plan at the time of the execution of the lease, with modifications as are approved in writing by the chairman of the commission. (3) A provision permitting the commission to exercise its option to convert Interstate 80 to a toll road prior to the expiration of the conversion period by providing the conversion notice to the secretary. Beginning on the conversion date, all legal, financial and operational responsibility for Interstate 80, as well as all toll revenues subsequently collected with respect to its use, shall automatically transfer to the commission. The secretary, within five business days after receiving the conversion notice, shall forward notice of the conversion date to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Any revenues collected prior to the conversion date shall be retained by the department. The commission may contract with the department for any portion of the maintenance of Interstate 80 at cost levels agreed to by the department and the commission. (4) A provision requiring the commission to pay annual base payments to the department during the term of the lease agreement. (5) A provision requiring the commission to pay annual additional payments to the department. The annual additional payments shall be payable in four equal installments on the last business day of each July, October, January and April of each year during the term of the lease agreement. (6) A provision requiring the commission to pay, commencing in the fiscal year including the conversion date, annual surplus payments to the department. The annual surplus payments shall be payable by the commission within 30 days of receipt by the commission of the Auditor General's certificate. (7) A provision stating that the obligation of the commission to pay the annual base payments, the annual additional payments and annual surplus payments shall be a subordinate obligation of the commission payable from amounts in the general reserve fund of the commission only as permitted by any financing documents, financial covenants, liquidity policies or agreements in effect at the commission. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.3. Cross References. Section 8915.3 is referred to in sections 8901, 9511.4 of this title; sections 1506, 8116 of Title 74 (Transportation).

75 Pa.C.S. § 8915.4 Initial payment.

(a) Commission payment required.--Within 20 days after the effective date of this section, the commission shall pay to the department an amount equal to $62,500,000, which shall be deposited into the Public Transportation Trust Fund. The amount paid shall represent 25% of the amount the department is required to deposit into the Public Transportation Trust Fund under 74 Pa.C.S. § 1506(b)(1)(i)(A) (relating to fund) and is payable by the commission under the lease agreement. (b) Use of payment.--The department shall allocate the funds received under subsection (a) pursuant to 74 Pa.C.S. Ch. 15 (relating to sustainable mobility options). (c) Credits.--The payment made by the commission under this section shall be credited against the total amount payable by the commission under the lease agreement for the 2007-2008 fiscal year. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.4.

75 Pa.C.S. § 8915.5 Other interstate highways.

In order to facilitate vehicular traffic across this Commonwealth and pursuant to the authority granted under this chapter, the commission is hereby authorized and empowered to: (1) at its own expense and in consultation with the department, prepare a consulting civil engineer report and financial analysis with respect to the feasibility of converting any interstate highway or interstate highway segment to a toll road or adding to said interstates additional capacity projects financed by tolls; and (2) at its own expense and in consultation with the department and with approval of the General Assembly, prepare and submit an application to the United States Department of Transportation for the conversion of any interstate or interstate segment determined to be eligible for conversion to a toll road under any applicable Federal program. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.5.

75 Pa.C.S. § 8915.6 Deposit and distribution of funds.

(a) Deposits.--Upon receipt by the department, the following amounts from the scheduled annual commission contribution shall be deposited in the Motor License Fund: (1) For fiscal year 2007-2008, $450,000,000. (2) For fiscal year 2008-2009, $500,000,000. (3) For fiscal year 2009-2010, $500,000,000. (4) For fiscal year 2010-2011 through fiscal year 2013-2014, the amount calculated for the previous year increased by 2.5%. (5) For fiscal year 2014-2015 and each fiscal year thereafter, $0. (b) Distribution.--The following shall apply: (1) Annually, 15% of the amount deposited in any fiscal year under subsection (a) shall be distributed at the discretion of the secretary. (2) Annually, $5,000,000 of the amount deposited in any fiscal year under subsection (a) shall be distributed to counties. (i) The distribution shall be in the ratio of: (A) the square footage of deck area of a county's county-owned bridges; to (B) the total square footage of deck area of county-owned bridges throughout this Commonwealth. (ii) The amount of square footage under subparagraph (i) shall be that reported as part of the National Bridge Inspection Standards Program. (3) Annually, $30,000,000 of the amount deposited in any fiscal year under subsection (a) shall be distributed to municipalities pursuant to the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law. (4) Any funds deposited under subsection (a) but not distributed under paragraphs (1), (2) and (3) shall be distributed in accordance with needs-based formulas that are developed and subject to periodic revision based on consultation and collaboration among metropolitan planning organizations, rural planning organizations and the department. (c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Metropolitan planning organization." The policy board of an organization created and designated to carry out the metropolitan transportation planning process. "Rural planning organization." The organization of counties with populations of less than 50,000 created and designated as local development districts and which carry out the rural transportation planning process. (July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013, P.L.974, No.89, eff. imd.) 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. 2007 Amendment. Act 44 added section 8915.6.

75 Pa.C.S. § 8915.7 Impact on associated highways and local roads.

Prior to the conversion date and within one year following the conversion date, the commission, in collaboration with the department, shall conduct traffic studies to determine the average daily traffic on associated roads and highways. The purpose of these studies will be to quantify any diversion of traffic from Interstate 80 to other roadways as a result of the conversion. This section shall not require duplication of traffic studies undertaken by the commission as a part of the conversion process or undertaken by the department as a normal course of the department's operations. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8915.7.

75 Pa.C.S. § 8916 Turnpike system.

The turnpikes and the future toll road conversions authorized by this chapter are hereby or shall be made part of the Pennsylvania Turnpike System, as provided in the act of August 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania Turnpike System Financing Act.

75 Pa.C.S. § 8917 Financial plan.

(a) Submission.-- (1) No later than June 1 of each year, the commission shall prepare and provide to the Secretary of the Budget a financial plan for the ensuing fiscal year of the commission that describes the commission's proposed: (i) operating and capital expenditures; (ii) borrowings; (iii) liquidity and other financial management covenants and policies; (iv) estimated toll rates; and (v) all other revenues and expenditures. (2) The financial plan shall demonstrate that the operation of the commission in accordance with the plan can reasonably be anticipated to result in the commission having unencumbered funds during the ensuing and future fiscal years of the commission sufficient to make the payments due to the department under this chapter and the lease agreement for the ensuing and future fiscal years after all other obligations of the commission have been met. Financial plans prepared after June 1, 2008, shall also describe any deviations that occurred from the financial plan for the prior fiscal year of the commission and the reasons for the deviations. (b) Receipt.--If the Secretary of the Budget receives the financial plan by the date required under subsection (a), the commission shall be authorized to conduct its operations in accordance with the plan. The financial plan may not be amended by the commission unless the commission notifies the secretary in writing of the amendment. (c) Cooperation.--The commission shall provide to the Secretary of the Budget all information requested in connection with review of a financial plan, including materials used to prepare the plan. The information shall be provided as soon as practicable after the request. (d) Effect of provisions.--Nothing in this section shall be deemed to prevent the commission from conducting its normal course of business or prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors. (e) Lease agreement.--The provisions of this section and section 8918 (relating to failure to perform) shall be included in the lease agreement. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8917. Cross References. Section 8917 is referred to in section 8918 of this title.

75 Pa.C.S. § 8918 Failure to perform.

(a) Notice.--The Secretary of the Budget shall send written notice to the commission and to the Governor of the failure of the commission to do any of the following: (1) Make a payment to the department under this chapter or the lease agreement. (2) Deliver a financial plan to the Secretary of the Budget within the time prescribed under section 8917 (relating to financial plan). (b) Unanimous vote required.-- (1) Except as provided under paragraph (1.1), upon the receipt by the commission of the notice under subsection (a) and notwithstanding any other provision of law, action of the commission taken by vote of the commissioners shall require a unanimous vote of all commissioners. Violation of this paragraph shall render the action invalid. (1.1) A unanimous vote shall not be required if it would prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors. (2) The requirement of paragraph (1) shall continue until: (i) the required payments have been made to the department or the required financial plan has been delivered; and (ii) the Secretary of the Budget has notified the commission and the Governor of that fact. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8918. Cross References. Section 8918 is referred to in section 8917 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75Fetched: 10/16/2026