Title 67—TRANSPORTATION DEPARTMENT OF TRANSPORTATION [ 67 PA. CODE CH. 233 ] Transportation Enhancement Grants from Automated Red Light Enforcement System Revenues [40 Pa.B. 6267]
[Saturday, October 30, 2010]The Department of Transportation (Department), Bureau of Highway Safety and Traffic Engineering, under 75 Pa.C.S. § 3116 (relating to automated red light enforcement systems in first class cities), adds Chapter 233 (relating to transportation enhancement grants from automated red light enforcement system revenues) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of Chapter 233 is to implement 75 Pa.C.S. § 3116(l)(2)), which requires the Department to develop, by regulation, a Transportation Enhancements Grant Program (Program) for the use of revenue generated from automated red light enforcement (ARLE) systems.
Summary of Comments and Changes in Final-Form Rulemaking
Notice of proposed rulemaking was published at 39 Pa.B. 4435 (August 1, 2009). The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees.
Comments were received from the Representative Richard A. Geist, Minority Chair of the House Transportation Committee, the Pennsylvania State Association of Township Supervisors (PSATS), the City of Philadelphia, the Philadelphia Parking Authority (PPA), the Representative Emeritus George Kenney and IRRC. The responses received related to the distribution of revenues received from fines levied through the ARLE pilot program for the funding of grants under the final-form rulemaking. Two distinct positions for the distribution of grant funds appeared in the comments. One position taken by the City of Philadelphia, the PPA and Representative Emeritus Kenney suggests that insofar as the money is generated in the City of Philadelphia, it should be distributed to fund grants in the place of origin, that is, Philadelphia. The other position, taken by the Representative Geist and PSATS, suggests that the intent of the General Assembly in directing the Department to establish this grant program was to establish a Statewide program with all municipalities eligible for a Transportation Enhancement Grant. IRRC, in its comments, urged that the Department address the issue and explain how the grants will be geographically distributed.
The Department also participated in a House Transportation Committee hearing on the ARLE Program in which the City of Philadelphia and the PPA also participated. The opposing positions were again aired at the hearing.
In response to the divergent positions regarding the distribution of grants, in this final-form rulemaking, the Department added § 233.8(g) (relating to grant selection process and criteria), regarding the distribution of grant funds in a manner patterned somewhat after the methodology in 42 Pa.C.S. § 3571(b)(3) (relating to Commonwealth portion of fines, etc.) for the disbursement of fines collected for convictions of violation of 75 Pa.C.S. (relating to Vehicle Code). New subsection (g) provides that the local government in which a violation was prosecuted will be entitled to 50% of the total grant revenues generated by that local government through the ARLE Program. The remaining 50% of the grant revenues generated by the ARLE Program will be available for grants to eligible sponsors, including those governments generating the revenues. The Department believes this approach strikes a balance between the opposing positions voiced in the comments to the proposed rulemaking and at the House Transportation Committee hearing.
In its comments, IRRC also suggested revisions to the definitions of ''sponsor'' and ''Secretary'' in § 233.2 (relating to definitions). The suggested modification to the definition of ''sponsor'' is not necessary in light of § 233.8(g). The definition has been amended, however, to replace the term ''authority'' with ''government.'' The definition of ''Secretary'' has been deleted as recommended because the term is not used in Chapter 233.
Consistent with its comment that revenues generated in Philadelphia by the use of ARLE should be allocated to Philadelphia, the City of Philadelphia commented that the terms ''highway'' and ''sponsor'' are too broadly defined. Insofar as the Department has clarified and refined the distribution of ARLE grant revenues, the Department respectfully retains the current definitions and use of these terms.
IRRC commented in § 233.5 (relating to application procedure) that the Department should limit the current language of ''other information'' to information pertaining only to the project being considered. The Department revised § 233.5 accordingly to reflect this limitation.
IRRC commented in § 233.6 (relating to deadline for applications) that the phrase ''in a timely fashion'' is too vague and should be replaced with a definite time frame. The Department revised § 233.6 to indicate that technically incomplete applications will have to be completed within 3 weeks after the close of the application period.
PSATS also raised concerns regarding § 233.8, noting that the section could be interpreted to mean that the award of a grant during the ''next fiscal year'' required the project to be completed during the next fiscal year as well. It was also noted that the section include a specific time frame for the Department to make decisions on the award of grants. In response to this comment, the Department notes that it was not the intention in the proposed rulemaking to require that projects be completed within the same fiscal year that a grant was awarded. To clarify further, the Department revised the language in § 233.9(d) (relating to offer and acceptance of a grant) to clarify that the time frame for the completion of a funded project will be determined as a condition of the grant. The Department notes that § 233.5(c)(6) requires the applicant to submit a proposed schedule for the completion of the project as part of the application. It should be understood that the proposed schedule in the application will be taken into consideration in determining the time frame established as a condition of the grant. With regard to establishing a more specific time period for the Department to evaluate the grant applications and make grant awards, the Department respectfully declines to do so. The number and variety of applications that will be submitted in a given year is an unknown; the Department cannot commit to a specific time frame with the limited resources it will have to administer the Program. The Department has, however, amended § 233.8(a) to provide that grant offers will be made during the calendar year in which applications are submitted.
IRRC commented that the phrase ''and other factors'' in § 233.8(c) be deleted, urging that the factors should be spelled out in subsections (d) and (e). The Department agreed and revised § 233.8(c) appropriately. IRRC also commented that in § 233.8(d)(8) the wording ''other criteria which the Department determines should be considered'' was unspecific and raised the possibility of approval or denial of a grant based on criteria outside the parameters of the regulation. IRRC recommended that the subsection be deleted. The Department believes that, with respect to any given grant application, there may be other factors to also be considered. The Department, therefore, revised this subsection to provide more clarification and indicate that traffic safety and mobility priorities may also be considered.
IRRC commented in § 233.11(a)(5) (relating to audit and recordkeeping) that the phrase ''the standards of this chapter'' is vague and should be modified to more clearly define the intent. The Department modified the subsection to clearly delineate that the applicable time frame after which the return of interest earned on payments made would be required will be specified in the terms and conditions of the grant agreement.
Additional clarification was made to § 233.11(a)(3) as to the purpose for requiring adequate accounting records.
Persons and Entities Affected
This rulemaking affects various entities involved with the current ARLE Program within the City of Philadelphia. These include the City of Philadelphia, who is the only permissible host community for ARLE based on the enabling legislation; the PPA, who is the designated system administrator in the enabling legislation; and the Traffic Engineering Division of the City of Philadelphia, Department of Streets, who owns, operates and maintains the traffic signals at which ARLE systems are installed within the City of Philadelphia.
Other affected entities are sponsors that choose to apply for, or receive, a transportation enhancement grant under this final-form rulemaking. These include local authorities (county, municipal and other local boards or bodies having authority to enact laws relating to traffic), metropolitan planning organizations, rural planning organizations, county planning organizations or Commonwealth agencies.
The Department is certainly affected since it will be administering the ARLE Program established by the final-form rulemaking. Section 3116 of 75 Pa.C.S. defines various other Department roles and responsibilities regarding the ARLE Program. The Department is also affected by virtue of the fact that most of the ARLE system equipment is installed on State-designated highways.
In the future, other local authorities would be affected if 75 Pa.C.S. is amended to permit ARLE systems in other Commonwealth jurisdictions beyond the City of Philadelphia.
Fiscal Impact
The final-form rulemaking does not require the expenditure of significant additional funds by the Commonwealth or other entities. The revenue for the ARLE Program comes from the collection of fines from red light running violators. Almost all of these violations would not have been detected without the ARLE system or a large, ongoing expenditure to provide significant police presence for expanded, conventional enforcement efforts.
Entities seeking a grant would need to prepare a grant application. The recordkeeping and payment procedures prescribed in the final-form rulemaking would need to be followed by entities that accept a grant offer from the Department. While local governments may, therefore, incur some marginal cost in the application and grant process, no local entity is compelled to apply for a grant. In addition, while grants can also be used for a portion of a larger project if other funding sources are secured, no matching local funds are required to obtain a grant under the ARLE Program. Consequently, the ARLE Program does not per se result in additional costs to local governments.
The Department would have various ARLE Program administration and oversight duties. These include the review of grant applications, the selection of projects to be funded by grants, grant agreement processing, reviews of submissions, project reviews and inspections and related activities. These costs are not significant at the present level of the ARLE Program, but could become significant if the ARLE Program were to expand with the use of ARLE systems Statewide.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 21, 2009, the Department submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 4435, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 15, 2010, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 16, 2010, and approved the final-form rulemaking.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Sunset Date
The Department is not establishing a sunset date for this final-form rulemaking, since Chapter 233 administers provisions required under 75 Pa.C.S. The Department, however, will continue to closely monitor this final-form rulemaking for its effectiveness.
Contact Person
The contact person is Daryl R. St. Clair, P. E., Acting Director, Bureau of Highway Safety and Traffic Engineering, Department of Transportation, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, PA 17120-0064, (717) 787-7350.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code, are amended by adding §§ 233.1—233.16 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 5655 (October 2, 2010).)
Fiscal Note: 18-415 No fiscal impact; (8) recommends adoption.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT CHAPTER 233. TRANSPORTATION ENHANCEMENT GRANTS FROM AUTOMATED RED LIGHT ENFORCEMENT SYSTEM REVENUES Sec.
233.1. Purpose. 233.2. Definitions. 233.3. Eligibility requirements and criteria. 233.4. Limits of funding. 233.5. Application procedure. 233.6. Deadline for applications. 233.7. Public records. 233.8. Grant selection process and criteria. 233.9. Offer and acceptance of a grant. 233.10. Standards, methods, techniques, designs, and special conditions. 233.11. Audit and recordkeeping. 233.12. Inspection. 233.13. Payment procedures. 233.14. Liability; forfeiture of funds; repayment. 233.15. Waiver. 233.16. Appeal. § 233.1. Purpose.
This chapter sets forth requirements and criteria relating to transportation enhancement grants from automated red light enforcement system revenues.
§ 233.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Automated red light enforcement system—A vehicle sensor installed to work in conjunction with a traffic-control signal which automatically produces one or more recorded images of a vehicle at the time the vehicle is used or operated in a manner which is a violation under 75 Pa.C.S. § 3112(a)(3) (relating to traffic-control signals).
Department—The Department of Transportation of the Commonwealth.
Director—The Director of the Center for Program Development and Management of the Department.
Grant—An offer of funding assistance from the Department to a sponsor for a project governed by this chapter.
Highway—
(i) The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(ii) The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historic park.
Local government—County, municipal, and other local boards or bodies having authority to enact laws relating to traffic.
Official traffic-control devices—Signs, signals, markings and devices not inconsistent with 75 Pa.C.S. (relating to Vehicle Code) placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
Recorded image—An image recorded by an automated red light enforcement system on a photograph, a digital image, or any other image-capture technology.
Sponsor—A local government, metropolitan planning organization, rural planning organization, county planning organization, or Commonwealth agency applying for, or receiving, a transportation enhancement grant under this chapter.
Traffic—Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, whether singly or together, using any highway for purposes of travel.
Traffic-control signal—A device, whether manually, el- ectrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
Vehicle—
(i) Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.
(ii) The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
§ 233.3. Eligibility requirements and criteria.
(a) The minimum requirement for eligibility to apply for a transportation enhancement grant under this chapter is that the project must involve improvement to highway safety and mobility within this Commonwealth.
(b) It is the intent of this grant program to fund worthwhile projects that can be completed at a relatively low cost.
(c) All projects may be considered for a transportation enhancement grant from automated red light enforcement system revenues, with the exception of transportation impact studies and highway improvements that are the responsibility of the applicant for a Department Highway Occupancy Permit.
§ 233.4. Limits of funding.
Grants under this chapter may cover the entire cost of an eligible project, so matching funds are not required. Grants may also be used for a portion of a larger project if other funding sources are secured.
§ 233.5. Application procedure.
(a) A sponsor shall submit a written request in the form of an application to the Director: Attention—Transportation Enhancement Grants from Automated Red Light Enforcement System Revenues, Bureau of Program Development and Management, 400 North Street; 6th Floor, Harrisburg, PA 17120, or e-mail to: ARLE_Grants@state.pa.us.
(b) The application shall be prepared in accordance with instructions provided by the Department. The application must contain sufficient information to enable the Department to complete its evaluation of the proposed project.
(c) An application must set forth, as a minimum, the following information:
(1) Project description. Provide a general description of the project and the objectives that are desired to be achieved.
(2) Project location. Provide a location map. Clearly identify the beginning and ending points of the project, the associated counties, municipalities, routes, segments, and offsets. Provide a general description of the location of the project and the surrounding area. Indicate roadway type/classification and length of the project in miles. Provide information on annual average daily traffic (AADT), current roadway geometry (number of lanes), speed limits, adjoining land uses, and number/location of signalized intersections.
(3) Official traffic-control device description. For projects involving official traffic-control devices, briefly describe the existing official traffic-control devices.
(4) Project justification. Outline why this project is being nominated for this grant program and the benefits that would be obtained.
(5) Potential improvements and cost. Provide a description of the potential improvements, and their associated estimated costs. Estimated costs should be as detailed and accurate as possible, and include all aspects of the project (design, construction, and the like).
(6) Schedule. Provide information that indicates the time frame necessary to complete the project. Indicate whether the project can be completed during 1 year or if it would be a multiyear project.
(7) Other programmed projects. Describe any other improvement projects that are in the vicinity of the proposed project and have been programmed on the Regional Transportation Improvement Program (include location, time frame, cost, and the like).
(8) Anticipated development. Describe any known major developments that are anticipated within the next 10 years in the vicinity of the proposed project.
(9) Professional engineer. Identify the professional engineer or consulting engineering firm that will provide engineering services for the project.
(10) Contact person. Provide the name, address, telephone number and e-mail address of a contact person for the sponsor.
(11) Other information. The sponsor shall provide any other information related to the project that the sponsor believes may justify the project or that is requested by the Department.
(d) The sponsor shall complete the application and submit it before the deadline under § 233.6 (relating to deadline for applications).
§ 233.6. Deadline for applications.
(a) Applications for transportation enhancement grants under this chapter will be considered on an annual basis. From the completed applications on file for a given year, projects will be selected for grants. Applications on file, but incomplete, may be excluded from consideration for grants in that year.
(b) During the initial year of the grant program, sponsors may submit a completed application within the time period established by the Department by notice in the Pennsylvania Bulletin. In years following the initial year of the grant program, sponsors may submit a completed application for a transportation enhancement grant under this chapter beginning on June 1 of each year until the close of business on June 30 of that year.
(c) If the deadline for applications occurs on a weekend or legal holiday when Commonwealth offices are closed, the deadline will be the close of the next business day.
(d) The Department may consider applications for transportation enhancement grants under this chapter which may be technically incomplete on the application deadline, but which are made complete within 3 weeks of the close of the application period.
§ 233.7. Public records.
An application for a transportation enhancement grant under this chapter will be considered a public record at the time of filing, and will be made available for inspection.
§ 233.8. Grant selection process and criteria.
(a) Consideration. Following the closing date for receipt of applications, properly completed applications filed within the application period will be considered for grants to be awarded during the current calendar year.
(b) Additional information. If it is determined that an application is incomplete and that additional information is necessary, the sponsor shall provide that additional information to allow further consideration of the application.
(c) Review by Director. The Director will review and evaluate applications with respect to applicable criteria for project funding, available funds, and current priorities for traffic safety and mobility.
(d) Criteria used in review. In considering an application, the Director will give weight and consideration to the following criteria:
(1) The sponsor's past maintenance and operational history for traffic-control signals, official traffic-control devices, or other items of work that are project components.
(2) The anticipated benefits of the project considering traffic safety benefits, mobility benefits and delay reduction, energy savings and greenhouse gas reductions.
(3) The estimated cost of the project.
(4) The local and regional impact of the project.
(5) The results of similar types of projects that have already been completed.
(6) The results of previous projects completed by the sponsor.
(7) Cost sharing by sponsor or other entities.
(8) Other Department traffic safety and mobility priorities.
(e) Discretion in evaluation. In consideration of the various criteria applicable to the review of an application, the Department may take into account unique or special factors that may arise in the administration of the grant program.
(f) Debriefing. At the request of a sponsor, the Department will conduct a debriefing with a sponsor whose application has been denied.
(g) Distribution of grant funding. Distribution of grant funding will be as follows:
(1) Fifty percent of the grant revenues generated through an automated red light enforcement program will be used exclusively for funding of transportation enhancement grants in the local government entity in which the violation was prosecuted.
(2) The remaining 50% of the grant revenues generated through the automated red light enforcement program will be available for funding of transportation enhancement grants to eligible sponsors throughout this Commonwealth.
§ 233.9. Offer and acceptance of a grant.
(a) Issuance of grant offers. The Department will, in writing, notify each sponsor who has submitted an application whether or not they will receive a grant offer.
(b) Grant agreement. A grant offer issued to a sponsor will describe any specific grant conditions and include such conditions as terms in the accompanying grant agreement.
(c) Grant conditions. The Department may or may not fully fund the entire cost of the project. The grant agreement will specify the total amount to be funded under the grant offer, the scope of the project, the items of work to be included, and an anticipated project completion date. The Department may also require sponsors to conduct before and after studies to determine project effectiveness.
(d) Acceptance. A sponsor who has received a grant offer shall, within 30 days indicate, by registered mail, acceptance of the offer.
(1) Acceptance of an offer is not binding on a sponsor until the execution of the grant agreement between the Department and the sponsor.
(2) Failure of a sponsor to indicate acceptance of the terms of an offer within the 30-day response period will be considered as a rejection of the offer and withdrawal of the application.
(e) Discretion of Department. Unless otherwise restricted by statute, the Department has absolute discretion in the selection of projects and in the determination of funding levels, priorities, critical project selection criteria, project phasing, project design and specifications and performance criteria.
(f) Amendments to projects. In the consideration of an application, the Department may determine that a proposed project should be amended to accommodate available funding, application traffic design criteria, anticipated use, or to better accommodate potential user needs. The Department may offer a transportation enhancement grant under this chapter for a project whose cost, specifications, terms, or scope have been modified by the Department.
(g) Consultation does not insure offer. In the event that the Department confers with a sponsor to amend a proposed project, the sponsor should understand that consultation and amendment does not insure that an offer will be made.
§ 233.10. Standards, methods, techniques, designs, and special conditions.
(a) The Department reserves the right to specify or make determinations as to the standards, methods, techniques, designs and dimensional criteria acceptable in projects funded by transportation enhancement grants under this chapter.
(b) The design and construction of an approved project are subject to the review and approval of the Department, including costs, materials, plans, specifications, and design and operational details.
(c) Failure to meet special conditions, performance criteria or specifications may result in the withdrawal of the transportation enhancement grant, disqualification from future consideration for a transportation enhancement grant under this chapter, or declaration of a sponsor to be in default of the terms of the grant agreement.
§ 233.11. Audit and recordkeeping.
(a) General.
(1) A sponsor receiving a transportation enhancement grant under this chapter shall keep records as the Department may prescribe, including records which fully disclose the amount and the disposition by the sponsor of the grant proceeds, the total cost of the plan or program in connection with which the transportation enhancement grant is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, as well as records that will facilitate an effective audit.
(2) The Department will have access, for the purpose of audit and examination, to books, documents, papers, and records of the sponsor that are pertinent to a transportation enhancement grant issued under this chapter. This includes progress audits during the project.
(3) A sponsor is required to establish and maintain an adequate accounting record for an individual project, which will allow the Department to verify the costs incurred for the project.
(4) A sponsor shall maintain effective control over and accountability for all funds, property and other assets. Sponsors shall adequately safeguard assets and assure that they are used solely for authorized purposes.
(5) A sponsor shall establish procedures to minimize the time elapsing between the transfer of funds from the Department and the disbursement by the sponsor whenever funds are advanced by the Department. If this elapsed time exceeds the time frame delineated in the terms of the grant agreement, the Department may require the return of interest earned on payments made.
(6) The sponsor shall include, in any contract related to the grant, a clause which allows the Department access to the sponsor's contractor's records for purposes of accounting and audit.
(b) Retention of records.
(1) A sponsor shall retain, for 3 years after the date of the submission of the final Department payment, documentary evidence such as invoices, cost estimates and negotiation documents relating to any item of project cost. These documents include, but are not limited to, vendor's invoices, applicable purchase orders, receiving reports, inventory records, method of pricing, returns, catalog cuts, plans, inspection reports, final inspection report showing acceptance of the project, and a record of disposition or correction of unsatisfactory work.
(2) A sponsor shall retain for 3 years after the date of the submission of the final Department payment, evidence of payments for items of project costs including, but not limited to, vouchers, cancelled checks or warrants, and receipts for cash payments.
(3) If audit findings have not been resolved, records shall be retained until the findings have been resolved.
§ 233.12. Inspection.
(a) The Department or an agency of the Commonwealth, or both, or person designated or authorized by the Department has the absolute right to inspect, without notice, the project sites, proposed project sites, records, and construction materials relating to a project funded by a transportation enhancement grant from automated red light enforcement system revenues.
(b) An inspection ordered by the Department or conducted under its authority may include, but not necessarily be limited to, the reproduction and examination of records, the taking of samples applicable to evaluation or project quality control, or the assessment of any factor relevant to a project, application, or contracts and terms related to the process for transportation enhancement grants from automated red light enforcement system revenues.
(c) A sponsor's denial of access to records, failure to produce records or obstruction with an inspection may result in withdrawal of the transportation enhancement grant and disqualification from future consideration for a transportation enhancement grant under this chapter.
§ 233.13. Payment procedures.
Unless otherwise specified by the Department, the following general procedures are to be used for funds from a transportation enhancement grant under this chapter:
(1) Prior to disbursement of funds, the Department reserves the right to conduct inspections or testing, or to review and audit records or accounts to validate, to the satisfaction of the Department, that disbursement of funds is warranted.
(2) A sponsor, having received payment or partial payment or reimbursement under a transportation enhancement grant under this chapter, shall make payments, within 30 calendar days from receipt of funds, to vendors and contractors for services and materials properly invoiced under the project.
(3) A sponsor shall forwarded requests for payment to the Department on the forms provided or in a manner specified by the Department. A request must include submission of actual cost documentation, consisting of approved contract estimates of work-in-place, approved invoices or other evidence of incurred costs, satisfactory to the Department. The final 10% of the total payment will not be paid by the sponsor until final inspection and approval of the project by the Department.
(4) Payment requests shall be limited to monthly submissions.
§ 233.14. Liability; forfeiture of funds; repayment.
If a sponsor fails to comply with the terms of a transportation enhancement grant issued under this chapter, the sponsor shall immediately reimburse the Department the amount for which a demand is made by the Department.
§ 233.15. Waiver.
(a) Waiver of requirements. The Department may waive requirements to submit specific maps, reports, plans, information, or data normally required for a grant application. The waivers may be granted only after written request to the Director and formal written response to the sponsor by the Director prior to submission of the completed application to the Bureau.
(b) Special projects procedures. The Department may develop modified procedures for grant applications pertaining to Department-specified projects funded by transportation enhancement grants under this chapter.
§ 233.16. Appeal.
A person aggrieved by a decision of the Department under § 233.14 (relating to liability; forfeiture of funds; repayment) may take an appeal under 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
[Pa.B. Doc. No. 10-2047. Filed for public inspection October 29, 2010, 9:00 a.m.]
