The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Account." The Public-Private Transportation Account.

"Board." The Public-Private Transportation Partnership Board.

"Department." The Department of Transportation of the Commonwealth.

"Development entity." An entity which is a party to a public-private transportation partnership agreement and which is any of the following:

(1) A private entity.

(2) A public entity, other than the public entity providing or improving its own transportation facilities.

"Electronic toll." A system of collecting tolls or charges which is capable of charging an account holder for the prescribed toll by electronic transmission of information. The term includes open road tolls, video tolls or other similar structural or technological enhancements pertaining to tolls.

"Offeror." A person that submits a proposal or a response in answer to a request for proposals or transportation projects.

"Private entity." A person, entity, group or organization that is not the Federal Government, the Commonwealth or a municipal authority.

"Proprietary public entity." A public entity which owns a public-private transportation project and which is a party to a public-private transportation partnership agreement.

"Public entity." A Commonwealth agency as defined in 62 Pa.C.S. § 103 (relating to definitions), a municipal authority or an authority created by statute which owns a transportation facility. The term does not include the General Assembly and its members, officers or agencies or any court or other office or agency of the Pennsylvania judicial system.

"Public-private transportation partnership agreement." A contract for a transportation project which transfers the rights for the use or control, in whole or in part, of a transportation facility by a public entity to a development entity for a definite term during which the development entity will provide the transportation project to the public entity in return for the right to receive all or a portion of the revenue generated from the use of the transportation facility, or other payment, such as the following transportation-related services:

(1) Operations and maintenance.

(2) Revenue collection.

(3) User fee collection or enforcement.

(4) Design.

(5) Construction.

(6) Development and other activities with respect to existing or new transportation facilities that enhance traffic throughput, reduce congestion, improve safety or otherwise manage or improve a transportation facility.

(7) Financing.

"Public-private transportation project." A transportation project undertaken by a development entity pursuant to a public-private transportation partnership agreement.

"Request for transportation projects." A solicited or unsolicited plan for a transportation project submitted to the board by a public entity.

"Responsible offeror." An offeror that has submitted a responsive proposal and that possesses the capability to fully perform the public-private transportation partnership agreement requirements in all respects and the integrity and reliability to assure good faith performance.

"Responsive proposal." A proposal that conforms in all material aspects to the requirements and criteria in the request for proposals.

"State Adverse Interest Act." The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.

"Transportation facility." A proposed or existing road, bridge, tunnel, overpass, ferry, busway, guideway, public transportation facility, vehicle parking facility, port facility, multimodal transportation facility, airport, station, hub, terminal or similar facility used or to be used for the transportation of persons, animals or goods, together with any buildings, structures, parking areas, appurtenances, intelligent transportation systems and other property needed to operate or related to the operation of the transportation facility. The term includes any improvements or substantial enhancements or modifications to an existing transportation facility.

"Transportation project." An undertaking by a private entity or a public entity, other than the public entity providing or improving its own transportation facilities, to provide or improve a transportation facility or transportation-related service which is totally or partially located within this Commonwealth.

Effective Date. Section 3(1) of Act 88 of 2012 provided that section 9102 shall take effect immediately.