Section 512 - Powers and duties of the department (Adm. Code Section 2002)(a) The Department of Transportation in accord with appropriations made by the General Assembly, and grants of funds from Federal, State, regional, local or private agencies, shall have the power, and its duty shall be: (1) To develop and maintain a continuing, comprehensive and coordinated transportation planning process;(2) To develop programs designed to foster efficient and economical public transportation services in the State;(3) To prepare plans for the preservation and improvement of the commuter railroad system;(4) To develop plans for more efficient public transportation service by motor bus operation;(5) To prepare and develop plans and programs for all modes of urban transportation, including in addition to commuter rail and motor bus, rapid rail, trolley coach, surface rail, corridor rail, and other innovative modes of urban transportation;(6) To coordinate the transportation activities of the department with those of other public agencies and authorities;(7) To cooperate with interstate commissions and authorities, State departments, councils, boards, commissions, authorities and other State agencies, with political subdivisions of the Commonwealth, with appropriate Federal agencies, public agencies in other states, and with interested private individuals and organizations in the coordination of plans and policies for the development of ground, air and water commerce and facilities;(8) To mark, build, rebuild, relocate, fix the width of, construct, repair, and maintain State designated highways and transportation facilities and rights of way;(9) To undertake the powers and duties formerly performed by the Department of Community Affairs under the act of January 22, 1968 (Act No. 8), known as the "Pennsylvania Urban Mass Transportation Assistance Law of 1967," and the powers and duties formerly performed by the Department of Community Affairs and the Department of Commerce under the act of January 22, 1968 (Act No. 7), known as "The Pennsylvania Transportation Assistance Authority Act of 1967." (10) To have exclusive authority and jurisdiction over all State designated highways;(11) To superintend, supervise and control the work of constructing, reconstructing, maintaining and repairing State designated highways, and other transportation facilities and rights of way;(12) To enter into contracts for designing, constructing, repairing, or maintaining, State designated highways, and other transportation facilities and rights of way, airports or any parts thereof, as may now or hereafter be provided by law;(13) To prepare and submit every even-numbered year prior to the first day of September, to the State Transportation Commission for its consideration, a program which it recommends to be undertaken by the Department of Transportation during the twelve fiscal years next ensuing. Each two years thereafter, the Department of Transportation, taking into consideration the recommendations of the State Transportation Commission, and other relevant information, shall review, revise, adjust and extend its construction program for two years. Copies of construction programs shall be supplied to the members of the General Assembly and shall be open to the public for inspection and shall be made available to interested persons. The priority of improvement shall be based upon relative need and sufficiency ratings maintained by the department.
(14) To appear or intervene as a party, when the secretary deems it appropriate, before the Public Utility Commission when transportation problems are being considered by the commission.(15) To consult with appropriate officials as designated by the chief administrative officer of the Department of Agriculture, the Department of Environmental Resources, the Department of Community Affairs, the Department of Health and the Fish Commission regarding the environmental hazards and the agricultural, conservation, sanitary, recreation and social considerations that may arise by reason of the location, design, construction or reconstruction of any transportation or air facility. No highway, transit line, highway interchange, airport, or other transportation corridor or facility, shall be built or expanded in such a way as to use any land from any recreation area, wildlife and/or waterfowl refuge, historic site, State forest land, State game land, wilderness areas or public park unless:
(i) there is no feasible and prudent alternative to the use of such land, and (ii) such corridor or facility is planned and constructed so as to minimize harm to such recreation area, wildlife and/or waterfowl refuge, historic site, State forest land, State game land, wilderness area, or public park.(16) To represent the transportation interests of the Commonwealth including any of its agencies or instrumentalities at the direction of the Governor, or when the secretary deems it appropriate before any Federal agency or commission which determines national or regional transportation rates, routes or policy.(17) To acquire, by purchase, lease, eminent domain proceedings, gift or otherwise, so as to restore or replace, for just compensation, from a railroad, or in the event any such railroad is subject to a proceeding under the Bankruptcy Law, by a direction from the court having jurisdiction in such bankruptcy proceedings to the trustee or trustees or the debtor to offer to convey to the State, for just compensation, all of its right, title, and interest free and clear of all encumbrances, in any right-of-way, tract and other related real and personal property on any branch line or other railroad within the State which has been damaged or destroyed within the period between January 1, 1972 and December 31, 1972 as a result of natural disaster or suspended by action of its owners or operator and which have not been scheduled for restoration or replacement under a Federal loan program and provided that there is demonstrated a valid need for the establishment or reestablishment of railroad service in the affected area.(18) To sell or lease any right-of-way, track, and other related real and personal property on any branch line or other railroad within the State which has been damaged or destroyed within the period between January 1, 1972 and December 31, 1972 as a result of natural disaster or suspended by action of its owners or operators which has been acquired for restoration or replacement, so as to provide for the operation of restored or replaced railroad lines with regional and local public bodies and agencies and private corporations with the technical capability to carry out the proposed railroad service.(19) To compile, maintain and forward to the Federal Highway Administration data on all bridges in the Commonwealth carrying public highways which are twenty or more feet in length, without regard to ownership. In carrying out this duty, the department is authorized to and directed to inspect those bridges owned by municipalities and counties which do not conduct the required biennial inspection, to post the inspected bridges with the required information and to collect all nonreimbursed costs from those municipalities and counties under section 2001.5. No action shall be commenced by the department until the department has notified in writing those municipalities and counties sixty (60) days prior to the required bridge inspection due date of its intention to inspect those bridges which are not inspected by said date. The notice shall include a statement that the department will deduct the nonreimbursed cost of the inspection performed by the department from the respective municipal or county individual allocation under the act of May 21, 1931 (P.L. 149, No. 105), known as "The Liquid Fuels Tax Act," and the act of June 1, 1956 (1955 P.L. 1944, No. 655), referred to as the Liquid Fuels Tax Municipal Allocation Law.(b) Upon the submission of the preliminary plan or design to the Department of Transportation for any transportation route or program requiring the acquisition of new or additional right-of-way, the Department of Transportation except in cases involving complaint proceedings under the jurisdiction of the Public Utility Commission shall have the power and its duty shall be to follow the hearing procedures now or hereafter required by the Federal Government for Federal-aid transportation programs pursuant to Titles 23 and 49 of the United States Code as amended and the regulations and procedures thereunder even though the transportation route or program does not contemplate the use of or actually employ Federal funds. At the hearings required by this subsection the Department of Transportation shall consider the following effects of the transportation route or program: (1) Residential and neighborhood character and location;(2) Conservation including air, erosion, sedimentation, wildlife and general ecology of the area;(3) Noise, and air and water pollution;(4) Multiple use of space;(6) Displacement of families and businesses;(7) Recreation and parks;(9) Public health and safety;(10) Fast, safe and efficient transportation;(16) Religious institutions;(17) Conduct and financing of government including the effect on the local tax base and social service costs;(18) Natural and historic landmarks;(20) Education, including the disruption of school district operations;(21) Engineering, right-of-way and construction costs of the project and related facilities;(22) Maintenance and operating costs of the project and related facilities;(23) Operation and use of existing transportation routes and programs during construction and after completion. At the hearings required by this section, the public officials named in clause (15) of subsection (a) of this section shall make a report indicating the environmental effects of the proposed transportation route or program. The Department of Transportation shall not construct or reconstruct any portion of the transportation route or program unless the Secretary of Transportation makes a written finding published in the Pennsylvania Bulletin that:
(1) No adverse environmental effect is likely to result from such transportation route or program; or(2) There exists no feasible and prudent alternative to such effect and all reasonable steps have been taken to minimize such effect. For the purpose of this subsection environmental effect shall refer to the effects enumerated in this subsection.(c) Any other provision of law to the contrary notwithstanding, the department may lease real property acquired for any State designated highway or other transportation facility as is not required for the free movement of traffic, upon the following terms and conditions in each case:(1) The opportunity to lease any parcel of real property shall first be offered to interested public agencies; however, if there be no such agency desiring to lease, then the department may lease to one or more private entities: Provided, That all private entities shall make payments in lieu of taxes to the political subdivisions in which such leased property is located in an amount equal to the annual taxes that would normally be due on such property, if taxable. Prior to requiring a payment in lieu of taxes, the political subdivision shall have the leased property reassessed to reflect any change in value caused by the construction of the highway or other transportation facility: And provided, further, That the department may lease to a private entity during the interim period between property acquisition and construction without first offering public agencies opportunity to lease the parcel.(2) The lessee or sublessee shall pay all costs incident to:(i) alteration or construction for its own use of the leased area;(ii) any change in the highway or other transportation facility occasioned by such use;(iii) relocation or replacement of public utility facilities, not exceeding the capacity of those occupying the leased area at the time of lease, occasioned by such use;(iv) relocation or replacement of the related facilities of a consumer of public utility services occasioned by any required relocation of the facilities of the serving utility; and(v) relocation or replacement of the facilities of an occupant of property abutting the highway or other transportation facility occasioned by any alteration, construction, change, relocation or replacement described in the foregoing subclauses (i), (ii) and (iii). Revenue derived from any lease of land originally acquired for highway purposes shall be deposited in the Motor License Fund.
(d) The secretary shall have the power to promulgate such reasonable rules and regulations as he deems necessary to carry out the provisions of this section.(e) Any person aggrieved by findings made or actions taken under clause (15) of subsection (a) or subsection (b) shall have the right to appeal to the Court. This appeal shall be the sole and exclusive judicial remedy available to contest any such findings or actions.1929, April 9, P.L. 177, art. XX, § 2002. Amended 1963, Aug. 14, P.L. 918, § 3; 1970, May 6, P.L. 356, No. 120, § 13; 1970, Dec. 3, P.L. 834, No. 275, § 21, effective 1/19/1971; 1972, May 9, P.L. 271, No. 65, § 1, imd. effective; 1973, June 27, P.L. 81, No. 35, § 1, imd. effective; 1974, March 13, P.L. 188, No. 34, § 1; 1974, March 13, P.L. 194, No. 37, § 1, imd. effective; 1978, Oct. 4, P.L. 972, No. 192, § 2, effective 2/1/1979; 1979, Dec. 7, P.L. 478, No. 100, § 2, imd. effective. Affected 1980, Oct. 5, P.L. 693, No. 142, § 321, effective in 60 days. Amended 1982, Dec. 9, P.L. 1077, No. 251, § 1, effective in 60 days; 1988, March 30, P.L. 329, No. 44, § 2, imd. effective; 1989, July 7, P.L. 241, No. 42, § 6, effective 7/1/1989.