The Pennsylvania General Assembly is currently on its summer break, with the Senate reconvening on September 20 and the House on September 27. The spring session leading up to the passage of the 2021-22 budget was a busy one, and PMTA was tracking several bills of interest to the trucking industry. Many of these bills may be considered when the legislature returns in the fall. Below is an overview.

Please note that PMTA is hosting several legislative events in September to give members a chance to meet face-to-face with lawmakers in their area to discuss these and other issues on their mind. Please register and make plans to attend the PMTA Legislative Meet-and-Greet nearest you:

• Central: Wednesday, September 8 at 8:00 am at PMTA Headquarters. Guests include: State Senator Kristin Phillips-Hill (R-York), State Rep. Barb Gleim (R-Cumberland), and State Rep. Sheryl Delozier (R-Cumberland).
• East: Wednesday, September 15 at 8:00 am at the America on Wheels Museum (Allentown). Cohosted with PMTA Lehigh Chapter. Guests include State Rep. Doyle Heffley and others invited.
• West: Friday, September 24 at 11:00 am at Liberty Transportation (Greensburg). Guests TBD.

Action to watch out for:

Weight Class Stickers: PMTA has urged repeal of the weight class sticker requirement for several years. It’s expected that PennDOT will publish the final regulation this fall, removing this onerous requirement that no other state in the nation has.

P3 Major Bridge Tolling Initiative: PennDOT is moving forward with tolling of nine interstate bridges across the state through a progressive public-private partnership (P3). SB 382, introduced by Sen. Wayne Langerholc, would halt the project to provide more transparency and public input, as well as require P3s with a user fee to be approved by the legislature. PMTA has strongly supported SB 382, which passed the state Senate 28-19 and is now in the House Transportation Committee.

Transportation Funding: Discussions continue over how to address the infrastructure funding gap. Sen. Langerholc has proposed the Drive Smart Act, which addresses funding in many areas, including the issuance of a federal GARVEE bond. The Governor’s Transportation Revenue Options Commission issued a report that, among other items, recommended moving to a Miles-Based User Fee. PMTA issued a statement on this report. Several legislative funding bills are moving, including HB 948, Rep. Mike Carroll’s bill to charge a road use fee for electric and hybrid vehicles. Sen. Joe Pittman’s SB 242 would speed up the reduction in funding transfers to the State Police from the Motor License Fund, ensuring more money is available for roads and bridges sooner.

Snow and Ice Removal: Sen. Boscola’s bill requiring snow and ice removal from motor vehicles (SB 114), passed the state Senate 47-0. PMTA advocated for providing flexibility for motor carriers and discretion for law enforcement in this bill. The current language requires drivers to “make reasonable efforts” to remove snow and ice within 24 hours. There are exceptions for motor carriers that are enroute to a removal facility and for when removal would cause a safety risk to the driver. If stopped by law enforcement, the driver could face a fine of not less than $25 and not more than $75. If snow or ice falls from a moving vehicle and causes harm to a person, the fine would be not less than $200 or more than $1500. The bill could be considered by the House this fall and would take effect in 60 days.

COVID Liability Protection: SB 273, sponsored by Senate Judiciary Chairman Lisa Baker, would provide protection for businesses from lawsuits arising from exposure to COVID-19 absent any finding of negligence. A similar measure passed in 2020 but was vetoed by Governor Wolf. PMTA supports the bill, which is still in the Senate Judiciary Committee. HB 605, sponsored by Rep. Torren Ecker, would require compulsory arbitration for COVID-19 liability actions. This bill has passed the House 107-94 and is also in the Senate Judiciary Committee. PMTA supports these measures.

Registration Plate Stickers: HB 334, sponsored by Rep. Barry Jozwiak, would reinstate the issuance of validating registration stickers on license plates in Pennsylvania. PMTA opposes this measure, which could be considered finally in the House this fall.

Electronic Weigh Station Bypass:A hearing was recently held in the House Transportation Committee about Rep. Mindy Fee’s HB 1410, which would allow a weigh station preclearance systems and devices to be used in Pennsylvania, including Drivewyze and PrePass. The bill could be considered by the full House this fall, and a similar bill, Sen. Judy Ward’s SB 827 is currently in the Senate Transportation Committee.

For-hire motor carriers are encouraged to provide operational cost data to ATRI by Friday, September 3, 2021. Participating motor carriers will receive an advance copy of the full report.

• Click here to take the survey online.  
• Click here to download a pdf of the survey you may write in your responses and fax to (770) 432-0638 or email to [email protected].

Click here to register.

On August 17, 2020, the Office of Management and Budget (OMB) approved a revised Federal Drug Testing Custody and Control Form (CCF).  In addition, OMB authorized the use of the old form through August 29, 2021.  You can view the revised CCF here.

As of August 30, 2021, DOT-regulated employers and their service agents [collectors, laboratories, Medical Review Officers] must use the ‘revised CCF’. 

To learn more about what this means for DOT drug testing, visit the web page at https://www.transportation.gov/odapc/Notice_Revised_CCF_August_2021.

As many companies are starting to see pricing for 2022 truck orders, PMTA has heard from several members about steep and unexpected cost increases. After making some inquiries, PMTA has learned about new California Air Resources Board (CARB) requirements going into effect in Pennsylvania next year that are leading to increases in the price of new trucks purchased in the state.

In a regulation promulgated nearly 20 years ago, Pennsylvania’s Department of Environmental Protection (DEP) adopted CARB’s emissions standards by reference for diesel-powered vehicles weighing over 14,000 lbs. As a result, any time CARB revises its rules, Pennsylvania’s Heavy-Duty Diesel Emissions Control Program automatically updates to adopt the California rules.

As a result, no action is needed on the part of Pennsylvania to adopt CARB requirements going into effect for heavy-duty trucks in the future. This is true for important requirements going into effect in just a few months.

Warranty Provisions for Heavy-Duty Trucks - 2022

For the year 2022, CARB requires the warranty period for emissions controls systems in trucks to be extended significantly. Currently, the warranty period for class 4 through 8 trucks is five years, 100,000 miles or 3,000 operation hours, whichever comes first. Next year, the five-year limit will remain, but the hour limit is eliminated, and the mileage is extended to:

• ·         350,000 miles for class 8 vehicles
• ·         150,000 miles for class 6 and 7 vehicles, and
• ·         110,000 miles for class 4 and 5 vehicles.

The extension of these warranty restrictions is resulting in significant increases in the cost of trucks next year. The warranty requirements for Class 8 trucks will further increase to 600,000 miles in 2031.

PMTA’s understanding is that CARB compliance certification will be necessary for any trucks titled or registered in PA. PMTA is seeking additional clarification and information from DEP and other state resources, and we will provide updates as we have them.

ZEV Requirements for Light-Duty Trucks and Passenger Vehicles - 2026

For passenger vehicles and light-duty trucks under 8,500 lbs, DEP is in the process of drafting regulations to implement CARB’s Zero Emissions Vehicle (ZEV) requirements for these vehicles. The PA Clean Vehicles Program rulemaking, which would require a minimum percentage of vehicles sold in Pennsylvania to be ZEV vehicles, is anticipated to be completed by the end of 2022.

Omnibus Low-NOx Rule for Heavy-Duty Trucks - 2024

Members should be aware that, absent changes, Pennsylvania will also adopt CARB’s Omnibus Low-NOx Rule, which dramatically reduces NOx emissions by overhauling emissions standards, testing procedures, and other emissions-related requirements for heavy-duty engines starting in 2024. There is ongoing concern about the technical feasibility of these requirements, in addition to their cost.

Please note that, even though Pennsylvania was one of 15 states to sign onto CARB’s Advanced Clean Truck Regulation in 2020, this step would not be automatic, but would require DEP to promulgate new regulations through a public process. The Advanced Clean Truck Regulation would require that by 2045, every truck sold in Pennsylvania be zero-emission.

PMTA continues to monitor these regulatory changes and will keep members informed.

Harrisburg, PA  – The Pennsylvania Department of Transportation (PennDOT) is seeking motorists’ input on traffic safety and driving behaviors through its annual online Highway Safety Survey found at www.PennDOT.gov/Safety.

“Safety is our top priority and we value continued public engagement in making our roadways safer,” said PennDOT Secretary Yassmin Gramian. “The results from this annual survey help us gauge participants’ attitudes on highway safety, and potentially allow us to adjust our safety activities so we can further reduce crashes and fatalities.”

The survey is available on PennDOT’s website through August 23 and should take about five minutes to complete. All responses, including the “comments” fields, are anonymous.

Nearly 8,000 people responded to last year’s survey, answering questions about safety habits such as seat belt use, impaired driving, speeding, and distracted driving. Notably, nearly 91 percent of respondents said they always wear a seat belt and approximately 88 percent said they never drive while impaired. When asked how often they choose to exceed the posted speed limit, nearly 84 percent of respondents said they speed at least some of the time.

“Speeding reduces a driver’s ability to react to changing traffic or road conditions,” said Gramian. “It puts you, your passengers, and others on the road at risk. Slow down, be safe.”

For more information on our highway safety efforts, visit www.PennDOT.gov/Safety.

Harrisburg, PA -- On Saturday, drivers from around the state of Pennsylvania competed in a virtual trivia contest based on the Facts for Drivers Books and some Pennsylvania Trivia. The event served as a virtual stand-in for the Annual Truck Driving Championships. 

The Top 10 competitors have qualified to participate in the National Championship, scheduled for August 14, hosted by the American Trucking Associations.

The Top 10 finishers for the Pennsylvania State Competition were:

1. Ron Emenheiser – Walmart  
2. William Bennett – T Force  
3. Eric Valentine – Pitt Ohio 
4. Dante Volpe – Pitt Ohio 
5. Ashlynn Samuels  -- Typhon Transport 
6. Terry Wood – Walmart 
7. Chad Keefer – FedEx Ground 
8. Philip Warwick – Pitt Ohio 
9. Nick Brennis – Typhon Transport 
10. Steve DeRosa – Werner Enterprises

The top four places earned cash prizes in addition to a 65" Smart TV (First place) and tickets to Hershey Park (Second place).

PMTA would like to thank its generous sponsors for their support of the event.

Marcello & Kivisto, LLC
ECBM
Pitt Ohio

Good Luck to all of our Pennsylvania Drivers in the national championships. 

Harrisburg, PA – The Pennsylvania Department of Transportation (PennDOT) announced today that the Transportation Revenue Options Commission (TROC) has submitted its report to Governor Tom Wolf and the General Assembly.

You can read PennDOT's press release here and you can read President and CEO Rebecca Oyler's full response here, but an excerpt is below. 

“TROC was given a list of potential taxes and fees to increase to close PennDOT’s funding gap, and PMTA is disappointed to see the final report essentially recommends ‘all of the above,’ without weighing the unintended consequences of many of these increases, particularly for commercial motor vehicles.

“The final report should not be viewed as a comprehensive plan that balances various state interests to fund our transportation system,” Oyler said.  “Instead, TROC’s report is a list of potential options, among others, that can be considered by members of the General Assembly as they weigh the consequences of policy choices and their impact on the state’s economy.”

Funding options in the report include:

Road Use Charges

• Mileage-Based User Fee (MBUF) – 8.1-cents per-mile on all miles travelled in PA
• Electric Vehicle (EV) MBUF Pilot

Tolling

• Corridor Tolling – Toll Interstates/expressways based on distance traveled along that highway
• Managed Lanes (Limited Lane Tolling) – Toll additional lanes on a highway where the traffic is regulated by charging a toll or by encouraging carpooling

Redirection of Funding

• A State Police Funding – Eliminate transfers from Motor License Fund to PSP

Fees

• Vehicle Registration Fee – Increase all vehicle registration fees 100%
• Electric Vehicle Fee – Introduce a $250 fee for EVs and eliminate the Alternative Fuels Tax on EVs
• Vehicle Lease Fee – Increase current rate from 3% to 5%
• Aircraft Registration Fee – Introduce a $50 registration fee for all aircraft in PA
• Transportation Network Company Fee – Establish a $1.10 per-trip fee on all TNCs and taxis in PA
• Vehicle Rental Fee – Increase current fee per rental from $2 to $5
• Goods Delivery Fee – Establish a $1 fee on all deliveries to an end point in PA

Taxes

• Vehicle Sales Tax – Increase tax from 6% to 8% (PGH and Phil rates would increase from 7% to 9% and from 8% to 10% respectively)
• Gas Tax – Index gas tax to inflation
• Jet Fuel Tax – Increase tax from 1.5 cents to 4 cents per gallon

Other

• Ad Valorem (Value-Based) Vehicle Tax – Tax passenger vehicles annually based on their current value
• Reduction to Registration Fees with Ad Valorem – Offset to vehicle registration increases on passenger vehicles with an Ad Valorem tax
• Elimination of Gas Tax with full MBUF – Replace most of gas tax proceeds with MBUF in Phase 3

“I was honored to have served on the Transportation Revenue Options Commission (TROC) and appreciate Governor Tom Wolf and PennDOT Secretary Yassmin Gramian recognizing the important perspective the Pennsylvania Motor Truck Association brings to this critical conversation,” said Rebecca Oyler, President and CEO. 

“Pennsylvania roads and bridges are our workplaces, so we know how important it is to ensure sustainable funding to keep our infrastructure up-to-date and in good repair. However, we have to recognize that there are tradeoffs that come with every funding option, and serious consideration must be given to the real-world impacts of the recommendations. The final report lacks this analysis.

“TROC was given a list of potential taxes and fees to increase to close PennDOT’s funding gap, and PMTA is disappointed to see the final report essentially recommends ‘all of the above,’ without weighing the unintended consequences of many of these increases, particularly for commercial motor vehicles.

“Pennsylvania is already the third most expensive state in the nation in which to operate a truck. Doubling registration fees, increasing fuel and vehicle sales taxes, and tolling interstates will likely be enough to put us in first place, not to mention the other cost increases on the list. This dubious distinction would make it nearly impossible for Pennsylvania trucking companies to compete with those in other states. It will also increase costs across the board for in-state manufacturers, farmers, other businesses, and consumers that rely on trucks to transport their goods. Unintended consequences like this are not addressed by the TROC report.

“The final report should not be viewed as a comprehensive plan that balances various state interests to fund our transportation system,” Oyler said.  “Instead, TROC’s report is a list of potential options, among others, that can be considered by members of the General Assembly as they weigh the consequences of policy choices and their impact on the state’s economy.” Funding options in the report include:

Road Use Charges

• Mileage-Based User Fee (MBUF) – 8.1-cents per-mile on all miles travelled in PA
• Electric Vehicle (EV) MBUF Pilot

Tolling

• Corridor Tolling – Toll Interstates/expressways based on distance traveled along that highway
• Managed Lanes (Limited Lane Tolling) – Toll additional lanes on a highway where the traffic is regulated by charging a toll or by encouraging carpooling

Redirection of Funding

• A State Police Funding – Eliminate transfers from Motor License Fund to PSP

Fees

• Vehicle Registration Fee – Increase all vehicle registration fees 100%
• Electric Vehicle Fee – Introduce a $250 fee for EVs and eliminate the Alternative Fuels Tax on EVs
• Vehicle Lease Fee – Increase current rate from 3% to 5%
• Aircraft Registration Fee – Introduce a $50 registration fee for all aircraft in PA
• Transportation Network Company Fee – Establish a $1.10 per-trip fee on all TNCs and taxis in PA
• Vehicle Rental Fee – Increase current fee per rental from $2 to $5
• Goods Delivery Fee – Establish a $1 fee on all deliveries to an end point in PA

Taxes

• Vehicle Sales Tax – Increase tax from 6% to 8% (PGH and Phil rates would increase from 7% to 9% and from 8% to 10% respectively)
• Gas Tax – Index gas tax to inflation
• Jet Fuel Tax – Increase tax from 1.5 cents to 4 cents per gallon

Other

• Ad Valorem (Value-Based) Vehicle Tax – Tax passenger vehicles annually based on their current value
• Reduction to Registration Fees with Ad Valorem – Offset to vehicle registration increases on passenger vehicles with an Ad Valorem tax
• Elimination of Gas Tax with full MBUF – Replace most of gas tax proceeds with MBUF in Phase 3

The TROC report proposes a phased approach with near-, medium-, and long-term proposals to address shortfalls in funding levels. To address declines in fuel tax revenues over time, the report calls for a Mileage Based User Fee (MBUF) in the long term to fully align revenues with identified needs of $18.15 billion – requiring an additional $9.5 billion annually within the next five years to close the projected gap.

“Such a drastic increase in funding for infrastructure over a short period of time may outstrip the capacity of our industries to manage these projects, especially with the current labor shortage affecting many, trucking included,” said Oyler. “This must be weighed against the extensive tax and fee increases included in the recommendations. A more balanced approach would advance revenue strategies as capacity grows.”

PMTA continues to be concerned about the lack of transparency and oversight in PennDOT’s Public-Private Partnership process, which has been used to pursue tolling of nine bridges across the state. PMTA supports Senator Wayne Langerholc’s (R-Cambria) SB 382, which would require P3 projects to undergo a full public review process and legislative approval. This would require the TROC’s recommended corridor tolling and managed lane tolling to be fully and transparently considered before being implemented.

PMTA looks forward to continuing discussions with the administration and the General Assembly on ensuring responsible and sustainable funding for our transportation infrastructure without disproportionately impacting industries as critical to the state economy as trucking.