1514 - Asset improvement program.

     § 1514.  Asset improvement program.        (a)  Eligible applicants.--            (1)  The following may apply for financial assistance for        improvement, replacement or expansion of capital projects        under this section:                (i)  A local transportation organization.                (ii)  An agency or instrumentality of the            Commonwealth.                (iii)  A person responsible for coordinating            community transportation program services.                (iv)  Any other person the department deems to be            eligible.            (2)  The department shall develop and maintain four-year        and 12-year plans that summarize the capital projects and        financial assistance commitments for each applicant. The        department may enter into multiyear agreements to provide        financial assistance for capital projects based upon cash        flow and revenue projections for the fund. Each capital        project shall be based on the plan developed by the        department.        (b)  Applications.--In addition to information required under     section 1507 (relating to application and approval process), an     application for financial assistance under this section shall     include the following:            (1)  Evidence satisfactory to the department that the        proposed capital project is included in the first year of the        applicant's four-year capital plan and its federally approved        transportation improvement program.            (2)  If an applicant is requesting financial assistance        for replacement of a capital project, evidence satisfactory        to the department that the capital project to be replaced has        exceeded the useful life criteria as defined by the        department. At its discretion, the department may approve        funding to replace a capital project that does not exceed the        useful life criteria if the applicant provides documentation        acceptable to the department to justify the early replacement        of the capital project.            (3)  If the applicant is requesting financial assistance        for expansion of a capital project, evidence satisfactory to        the department that the applicant will have sufficient future        annual operating funds to support the proposed expansion.            (4)  Any other information required by the department,        including a return on investment analysis or a life cycle        cost analysis, or both.        (c)  Local match requirements.--Financial assistance under     this section shall be matched by local or private cash funding     in an amount not less than 3.33% of the amount of the financial     assistance being provided. The source of funds for the local     match shall be subject to the requirements of section 1513(d)(3)     (relating to operating program).        (d)  Conditions for receipt of bond funding.--Financial     assistance that is funded by proceeds of Commonwealth capital     bonds may be provided to an applicant if all of the following     conditions are met:            (1)  The applicant's capital project has been authorized        by a capital budget project itemization act.            (2)  The applicant's capital project was included in the        department's approved annual release request approving the        use of the funds for the proposed capital project in the        fiscal year in which the funds are expected to be expended.            (3)  The department has approved the underlying        application for the capital project.        (e)  Priorities.--The award of financial assistance under     this section shall be subject to the following set of priorities     in descending order of significance unless a compelling return     on investment analysis for a project in a lower category is     provided to and approved by the department:            (1)  Requests for funds required to support existing        local bond issues currently supported with State revenue        sources, such as debt service and asset leases. The        Commonwealth pledges to and agrees with any person, firm or        corporation holding any bonds previously issued by, or any        other debt incurred by, a local transportation organization        and secured in whole or part by a pledge of the funds        provided to the local transportation organization from the        fund that the Commonwealth will not limit or alter rights        vested in a local transportation organization in any manner        inconsistent with obligations of the local transportation        organization to the obligees of the local transportation        organization until all bonds previously issued or other debt        incurred, together with the interest thereon, is fully paid        or provided for.            (2)  Requests for funds required to match federally        approved capital projects funded under 49 U.S.C. §§ 5307        (relating to urbanized area formula grants) and 5309        (relating to capital investment grants and loans) and other        federally approved capital projects.            (3)  Other non-Federal capital projects as determined by        the department, which shall be further subject to the        following set of priorities in descending order of        significance:                (i)  Essential emergency asset improvement projects.                (ii)  Standard replacement of existing assets that            have exceeded their useful life.                (iii)  Asset improvement projects to extend the            useful life of the affected assets.                (iv)  Acquisition of new assets and other acceptable            purposes, other than projects to be funded under the new            initiatives program described in section 1515 (relating            to new initiatives program), as determined by the            department.        (f)  Bonding by award recipients.--With the approval of the     department, an award recipient that is permitted by law to issue     bonds may do so for the purpose of financing a multiyear capital     project. The department shall enter into an agreement with the     award recipient providing that payments of the awarded funds     sufficient to satisfy requirements of the bonds issued be made     directly to the trustee of the bondholders until such time as     the bonds are retired.        Cross References.  Section 1514 is referred to in sections     1506, 1515 of this title.