2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 95 - Taxes for Highway Maintenance and Construction
9511.5 - Application of proceeds of obligations, lien of holders of obligations, design-build requirement and projects approved by General Assembly.

     § 9511.5.  Application of proceeds of obligations, lien of
                holders of obligations, design-build requirement and
                projects approved by General Assembly.
        (a)  Application.--The following shall apply:
            (1)  All proceeds received from any bonds, notes or other
        obligations issued under this chapter shall be applied solely
        to the payment of:
                (i)  the cost of the department; and
                (ii)  bond-related expenses.
            (2)  The commission may provide by resolution that until
        proceeds received from any bonds, notes or other obligations
        issued under this chapter is applied under paragraph (1), a
        lien shall exist upon the proceeds in favor of holders of the
        bonds, notes or other obligations or a trustee provided for
        in respect to the bonds, notes or other obligations.
        (b)  Design-build arrangements.--
            (1)  To facilitate the timely completion of projects to
        be financed by the department with bond proceeds, the
        department may utilize design-build arrangements for each
        project to be financed with bond proceeds if the project
        value is estimated by the department to exceed $100,000,000.
            (2)  Notwithstanding the provisions of any other law, the
        department may utilize design-build arrangements for the
        following:
                (i)  projects to be financed by the department with
            bond proceeds for projects estimated by the department to
            have a value of $100,000,000 or less; and
                (ii)  all other construction projects of the
            department not included under subparagraph (i) or
            paragraph (1).
            (3)  The selection of the party for a design-build
        arrangement under this subsection must be conducted in a
        manner consistent with the procurement and public bidding
        laws applicable to the department.
        (c)  Capital projects.--All projects financed by the
     department with bond proceeds shall be included in any
     submission the department is already required to make to the
     General Assembly with respect to the expenditure of funds for
     highway projects.
        (d)  Investment.--Pending the application of proceeds to cost
     of the department and bond-related expenses, the commission may
     invest the funds in permitted investments as defined under any
     trust indenture.
     (July 18, 2007, P.L.169, No.44, eff. imd.)

        2007 Amendment.  Act 44 added section 9511.5. Section 11.1 of
     Act 44 provided that Act 44 shall apply retroactively to July 1,
     2007.