2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 91 - State Highway Maintenance
9102 - Distribution of State highway maintenance funds.

     § 9102.  Distribution of State highway maintenance funds.
        (a)  General rule.--The department shall distribute highway
     appropriations and executive authorizations for State highway
     maintenance in the various county maintenance districts in the
     following manner:
            (1)  For any fiscal year in which the total highway
        maintenance appropriations and executive authorizations are
        equal to the combined total base allocations for all the
        county maintenance districts, each maintenance district shall
        receive its base allocation.
            (2)  For any fiscal year in which the total highway
        maintenance appropriations and executive authorizations are
        less than the combined total base allocations of all the
        county maintenance districts, each maintenance district's
        share shall be reduced, to the extent necessary to bring the
        total allocation within the funding limits, in the same
        proportion that each county's base allocations bears to the
        combined total of all counties' base allocations.
            (3)  For any fiscal year in which the total highway
        maintenance appropriations and executive authorizations are
        greater than the combined total base allocations of all the
        county maintenance districts, the funds shall be distributed
        based upon the formula in subsection (b), but notwithstanding
        the formula calculation for any particular county, no county
        shall receive less than its base allocation in any year.
        (b)  Formula for distribution.--The department shall
     distribute to each county maintenance district:
            (1)  an amount equal to the county's base allocation;
        plus
            (2)  an amount based on the following incremental formula
        in which each county shall receive a portion of State highway
        maintenance appropriations and executive authorizations in
        excess of the total of all counties' base allocations,
        expressed in the following manner:
        ASHMA (40% RPQc + 15% BMDc + 30% LMc + 15% VMc).
        (c)  Establishment of applicable data.--The applicable data
     for all counties corresponding to each individual factor in the
     incremental formula in subsection (b) shall be established and
     certified by the Governor by May 1 of each year based on the
     best information available at that time for the immediately
     preceding five-year period with the exception of BMD. The
     submission of data relative to BMD shall only include the
     immediately preceding 12-month period beginning with fiscal year
     1997-1998. In each subsequent fiscal year, an additional year of
     data relative to BMD shall be added until such time as data from
     a five-year period has been accumulated.
        (d)  Effect of insufficient funds.--In the event sufficient
     funds are not available to fully fund all county maintenance
     districts under the formula in subsection (b) due to the hold
     harmless provision in subsection (a), each county maintenance
     district receiving an increase above its base allocation shall
     have its share reduced in the proportion that the increase over
     its base allocation bears to the total increases over the base
     allocation of all counties entitled to an increase, to the
     extent necessary to bring the total allocations within the
     funding limit.
     (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

        Cross References.  Section 9102 is referred to in sections
     9010, 9207, 9502 of this title.