9102 - Distribution of State highway maintenance funds.

     § 9102.  Distribution of State highway maintenance funds.        (a)  General rule.--The department shall distribute highway     appropriations and executive authorizations for State highway     maintenance in the various county maintenance districts in the     following manner:            (1)  For any fiscal year in which the total highway        maintenance appropriations and executive authorizations are        equal to the combined total base allocations for all the        county maintenance districts, each maintenance district shall        receive its base allocation.            (2)  For any fiscal year in which the total highway        maintenance appropriations and executive authorizations are        less than the combined total base allocations of all the        county maintenance districts, each maintenance district's        share shall be reduced, to the extent necessary to bring the        total allocation within the funding limits, in the same        proportion that each county's base allocations bears to the        combined total of all counties' base allocations.            (3)  For any fiscal year in which the total highway        maintenance appropriations and executive authorizations are        greater than the combined total base allocations of all the        county maintenance districts, the funds shall be distributed        based upon the formula in subsection (b), but notwithstanding        the formula calculation for any particular county, no county        shall receive less than its base allocation in any year.        (b)  Formula for distribution.--The department shall     distribute to each county maintenance district:            (1)  an amount equal to the county's base allocation;        plus            (2)  an amount based on the following incremental formula        in which each county shall receive a portion of State highway        maintenance appropriations and executive authorizations in        excess of the total of all counties' base allocations,        expressed in the following manner:        ASHMA (40% RPQc + 15% BMDc + 30% LMc + 15% VMc).        (c)  Establishment of applicable data.--The applicable data     for all counties corresponding to each individual factor in the     incremental formula in subsection (b) shall be established and     certified by the Governor by May 1 of each year based on the     best information available at that time for the immediately     preceding five-year period with the exception of BMD. The     submission of data relative to BMD shall only include the     immediately preceding 12-month period beginning with fiscal year     1997-1998. In each subsequent fiscal year, an additional year of     data relative to BMD shall be added until such time as data from     a five-year period has been accumulated.        (d)  Effect of insufficient funds.--In the event sufficient     funds are not available to fully fund all county maintenance     districts under the formula in subsection (b) due to the hold     harmless provision in subsection (a), each county maintenance     district receiving an increase above its base allocation shall     have its share reduced in the proportion that the increase over     its base allocation bears to the total increases over the base     allocation of all counties entitled to an increase, to the     extent necessary to bring the total allocations within the     funding limit.     (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)        Cross References.  Section 9102 is referred to in sections     9010, 9207, 9502 of this title.