HB 2526 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions relating to operation of vehicles, providing for automated litter enforcement systems in public rights-of-way and highways; and imposing penalties.

PRINTER'S NO.   3425

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 2526
                                                 Session of
                                                   2026

     INTRODUCED BY DAY, MAY 20, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, MAY 21, 2026


                                       AN ACT
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in general provisions relating to operation of
 3      vehicles, providing for automated litter enforcement systems
 4      in public rights-of-way and highways; and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Title 75 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 3118.    Automated litter enforcement systems in public rights-
10                   of-way and highways.
11      (a)    Establishment.--Subject to the requirements of this
12   section, the department, commission or a municipality may
13   establish and use automated litter enforcement systems in public
14   rights-of-way and highways to enforce littering violations in
15   litter enforcement zones.
16      (b)    Authorization.--
17             (1)   The department may authorize the use of an automated
18      litter enforcement system on any State-designated highway.
19             (2)   The commission may authorize the use of an automated
 1      litter enforcement system on any portion of the Pennsylvania
 2      Turnpike.
 3            (3)   Subject to subsection (c), a municipality may
 4      authorize the use of an automated litter enforcement system
 5      on any highway under the jurisdiction of the municipality.
 6      (c)   Municipal requirements.--Prior to the use of an
 7   automated litter enforcement system in a litter enforcement zone
 8   under the jurisdiction of a municipality and except as provided
 9   in subsection (d), the municipality shall:
10            (1)   Enact a local ordinance authorizing the general use
11      of automated litter enforcement systems in a litter
12      enforcement zone under the jurisdiction of the municipality.
13            (2)   Transmit a copy of the ordinance to the department.
14            (3)   Provide a statement of policy to the department
15      outlining the criteria the municipality will use when
16      determining litter enforcement zones for the use of an
17      automated litter enforcement system.
18            (4)   Provide documentation to the department, as
19      determined by the department, demonstrating all of the
20      following:
21                  (i)    That the automated litter enforcement system
22            complies with this section and has been approved by the
23            department under subsection (o).
24                  (ii)    That the municipality will comply with this
25            section.
26                  (iii)    That the system administrator, if applicable,
27            on the municipality's behalf, will comply with this
28            section.
29            (5)   Provide documentation that the municipality has
30      entered into an agreement with a police department for the

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 1      review of violations in accordance with subsection (k).
 2            (6)   Receive approval from the department to operate an
 3      automated litter enforcement system in a litter enforcement
 4      zone under the jurisdiction of the municipality.
 5      (d)   Exception.--If the department or the commission
 6   authorizes the use of an automated litter enforcement system in
 7   a litter enforcement zone that includes both a highway under the
 8   jurisdiction of the department or the commission and a local
 9   highway under the jurisdiction of a municipality, the department
10   or the commission may use the automated litter enforcement
11   system in the litter enforcement zone regardless of whether the
12   municipality has been approved to operate an automated litter
13   enforcement system under subsection (c).
14      (e)   Construction.--Subsection (c) shall not be construed to
15   require a municipality to identify each litter enforcement zone
16   on the specific highway the municipality intends to use an
17   automated litter enforcement system or require the municipality
18   to receive prior approval for each litter enforcement zone in
19   which the municipality intends to use an automated litter
20   enforcement system.
21      (f)   Litter enforcement zone requirements.--Not less than one
22   warning sign shall be conspicuously placed before and after the
23   litter enforcement zone, in both directions of traffic,
24   notifying the public that an automated litter enforcement system
25   is in use. The signs shall:
26            (1)   Be in conformance with Federal regulations and be of
27      a size and design determined by the department.
28            (2)   Clearly and accurately indicate if the automated
29      litter enforcement system is active and in use.
30      (g)   Violations.--A motor vehicle that deposits waste and

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 1   other material on highways, property or waters and is identified
 2   by an automated litter enforcement system violates this section
 3   and shall be subject to penalties under subsection (i).
 4      (h)   Owner liability.--For each violation under subsection
 5   (g), the owner of the motor vehicle shall be liable for the
 6   penalty imposed under subsection (i) unless the owner has a
 7   defense under subsection (n). For the purposes of this section,
 8   the lessee of a leased vehicle shall be considered the owner of
 9   a motor vehicle.
10      (i)   Penalties.--An individual in violation of subsection (g)
11   shall be subject to penalties in accordance with the following:
12            (1)   A violation under this section shall constitute a
13      fine of $200.
14            (2)   The fine shall not be subject to 42 Pa.C.S. §§ 3571
15      (relating to Commonwealth portion of fines, etc.) and 3573
16      (relating to municipal corporation portion of fines, etc.),
17      or any other surcharges or fines not specifically authorized
18      by this section.
19            (3)   A penalty imposed under this section shall not:
20                  (i)    Be deemed a criminal conviction.
21                  (ii)    Be made part of the operating record of the
22            individual upon whom the penalty is imposed under section
23            1535 (relating to schedule of convictions and points).
24                  (iii)    Be the subject of merit rating for insurance
25            purposes.
26                  (iv)    Authorize imposition of surcharge points in the
27            provision of motor vehicle insurance coverage.
28      (j)   Notice of violation.--A notice of violation shall be
29   sent to the owner of a vehicle in violation of subsection (g) in
30   accordance with the following:

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 1        (1)   An action to enforce this section shall be initiated
 2    by a notice of violation to the owner of a motor vehicle
 3    identified by an automated litter enforcement system. A
 4    notice of violation based upon inspection of recorded images
 5    produced by an automated litter enforcement system and sworn
 6    or affirmed by a police officer in accordance with subsection
 7    (l) shall be prima facie evidence of the facts contained in
 8    the notice.
 9        (2)   The notice of violation shall include written
10    verification that the automated litter enforcement system was
11    operating correctly at the time of the alleged violation and
12    the date of the most recent inspection, which shall be prima
13    facie evidence.
14        (3)   The automated litter enforcement system operator
15    shall complete training offered by the manufacturer or vendor
16    of the automated litter enforcement system, including
17    training on any devices critical to the operation of the
18    system, or the manufacturer's or vendor's representative in
19    the procedures for setting up, testing and operating an
20    automated litter enforcement system. Upon completion of the
21    training, the manufacturer or vendor, or manufacturer's or
22    vendor's representative, shall issue a signed certificate to
23    the automated litter enforcement system operator which shall
24    be admitted as evidence in any court proceeding for a
25    violation involving an automated litter enforcement system.
26    An automated litter enforcement system operator shall fill
27    out and sign a daily log for an automated litter enforcement
28    system which:
29              (i)   states the date, time and location of the system
30        setup;

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 1              (ii)    states that the automated litter enforcement
 2        system operator successfully performed and the automated
 3        litter enforcement system passed the self-tests specified
 4        by the manufacturer or vendor of the automated litter
 5        enforcement system;
 6              (iii)    shall be kept on file; and
 7              (iv)    shall be admitted in any proceeding for a
 8        violation involving an automated litter enforcement
 9        system.
10        (4)   An automated litter enforcement system shall undergo
11    an annual calibration check performed by a calibration
12    laboratory. The calibration laboratory shall issue a signed
13    certificate of calibration after the annual calibration
14    check, which shall be kept on file and shall be admitted as
15    evidence in any proceeding for a violation involving an
16    automated litter enforcement system.
17        (5)   The following shall be attached to the notice of
18    violation:
19              (i)    A copy of the recorded image showing the motor
20        vehicle with its license plate visible.
21              (ii)    The registration number and state of issuance
22        of the motor vehicle registration.
23              (iii)    A verification statement that the automated
24        litter enforcement system was operating correctly at the
25        time of the alleged violation.
26              (iv)    A statement that lists the date of the most
27        recent inspection shall be prima facie evidence that the
28        automated litter enforcement system was operating
29        properly.
30              (v)    The date, time and place of the alleged

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 1        violation.
 2               (vi)    A reference to this section.
 3               (vii)    Instructions for return of the notice of
 4        violation.
 5        (6)    In the case of a violation involving a motor vehicle
 6    subject to the laws of this Commonwealth, the notice of
 7    violation shall be mailed within 30 days after the commission
 8    of the violation or within 30 days after the discovery of the
 9    identity of the owner, whichever is later, to the address of
10    the owner as listed in the records of the department.
11        (7)    In the case of a violation involving a motor vehicle
12    from a jurisdiction other than this Commonwealth, the notice
13    of violation shall be mailed within 30 days after the
14    discovery of the identity of the owner to the address of the
15    owner as listed in the records of the official in the
16    jurisdiction having charge of the registration of the
17    vehicle.
18        (8)    A notice of violation shall be invalid unless
19    provided to the owner within 90 days of the offense.
20        (9)    The notice of violation shall include the following
21    text:
22               This notice shall be returned personally, by mail or
23               by an agent duly authorized in writing, within 30
24               days of the mailing date of the notice. A hearing may
25               be obtained upon the written request of the owner.
26        (10)    Notice of violation must be sent by first class
27    mail. A manual or automatic record of mailing prepared by the
28    system administrator in the ordinary course of business shall
29    be prima facie evidence of mailing and shall be admissible in
30    a judicial or administrative proceeding as to the facts

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 1    contained in the notice.
 2    (k)   Agreements.--
 3          (1)   The department, the commission or a municipality may
 4    enter into an agreement with a system administrator to
 5    initiate actions to enforce this section through an automated
 6    litter enforcement system.
 7          (2)   An agreement entered into under paragraph (1) by a
 8    municipality shall be approved by a vote of the governing
 9    body of the municipality. The meeting to consider approval of
10    an automated litter enforcement system shall be properly
11    noticed under 65 Pa.C.S. Ch. 7 (relating to open meetings).
12          (3)   A municipality may only enforce this section if the
13    municipality has a written intergovernmental agreement with a
14    primary police department.
15          (4)   The department or the commission may only enforce
16    this section if the department or the commission has a
17    written intergovernmental agreement with the Pennsylvania
18    State Police.
19          (5)   Compensation under an agreement authorized under
20    paragraph (1) shall not require a minimum or maximum number
21    of violations to be issued that would impact the compensation
22    to the system administrator.
23          (6)   The department, the commission or a municipality, or
24    the system administrator on their behalf, shall provide
25    notice of violation through a publicly accessible Internet
26    website that provides guidance and information related to the
27    system, including the appeals process and contact
28    information. The publicly accessible Internet website shall
29    remain publicly accessible throughout the period of use of
30    the automated litter enforcement system.

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 1          (7)   The department, the commission or a municipality, or
 2    the system administrator on their behalf, shall establish an
 3    electronic system where program information and all notices
 4    of violations, in conformance with this section, can be
 5    accessed and viewed by:
 6                (i)    The primary police department.
 7                (ii)    The department's hearing officer for conducting
 8          appeals.
 9          (8)   The department, the commission or a municipality, or
10    the system administrator on their behalf, may utilize an
11    alternative system to share program information and all
12    notices of violations if the electronic system is unavailable
13    for any legitimate purpose.
14          (9)   The department may randomly conduct audits of a
15    municipality or a system administrator to ensure compliance
16    with this section as determined by the department. If the
17    department conducts an audit, the department shall prepare a
18    summary of the audit, which shall be posted on the
19    department's publicly accessible Internet website.
20    (l)   Police review.--
21          (1)   A notice of violation, including a facsimile of a
22    notice of violation, based upon inspection of recorded images
23    produced by an automated litter enforcement system and sworn
24    to or affirmed by a police department shall be prima facie
25    evidence of the facts contained in it. The department, the
26    commission or a municipality, or the system administrator on
27    their behalf, must include written documentation that the
28    automated litter enforcement system was operating correctly
29    at the time of the alleged violation in order to enforce the
30    violation. A recorded image evidencing a violation of this

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 1    section shall be admissible in any judicial or administrative
 2    proceeding to adjudicate the liability for the violation of
 3    this section.
 4          (2)   The department, the commission or a municipality, or
 5    the system administrator on their behalf, shall submit the
 6    following information regarding a violation of this section
 7    to the primary police department using an electronic system:
 8                (i)    A copy of the recorded image or images showing
 9          the motor vehicle allegedly violating this section.
10                (ii)    The license plate number and state of issuance
11          of the motor vehicle.
12                (iii)    The date, time and place of the alleged
13          violation.
14          (3)   Upon receipt of violation information under
15    paragraph (2), a primary police department shall:
16                (i)    Review submitted evidence to determine if a
17          violation under this section occurred and electronically
18          certify the notice of violation.
19                (ii)    Notify the entity that submitted the violation
20          of the electronic certification of the notice of
21          violation related to the primary police department's
22          capacity to view and authorize the notice.
23                (iii)    Restrict the review of submitted evidence
24          under subparagraph (i) to an individual who is a police
25          officer.
26    (m)   Limitations.--
27          (1)   Recorded images collected as part of the automated
28    litter enforcement system may record only violations of this
29    section and may not be used for any other surveillance
30    purposes. The restrictions provided in this paragraph shall

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 1    not preclude a court of competent jurisdiction from issuing
 2    an order directing that the information be provided to law
 3    enforcement officials, if the information is requested solely
 4    in connection with a criminal law enforcement action and is
 5    reasonably described.
 6        (2)   Information gathered and maintained under this
 7    section that is kept by the Commonwealth or a municipality,
 8    its authorized agents or its employees, including recorded
 9    images, written records, motor vehicle information, reports
10    or facsimiles, names and addresses, shall be for the
11    exclusive purpose of discharging its duties under this
12    section. The information shall not be deemed a public record
13    under the act of February 14, 2008 (P.L.6, No.3), known as
14    the Right-to-Know Law. The information shall not be
15    discoverable by court order or otherwise or be admissible as
16    evidence in a proceeding except to determine liability under
17    this section. The restrictions provided in this paragraph
18    shall not preclude a court of competent jurisdiction from
19    issuing an order directing that the information be provided
20    to law enforcement officials if the information is requested
21    solely in connection with a criminal law enforcement action
22    and is reasonably described.
23        (3)   Recorded images obtained through the use of
24    automated litter enforcement systems deployed as a means of
25    promoting traffic safety in litter enforcement zones shall be
26    destroyed within one year of final disposition of a notice of
27    violation, except that images subject to a court order under
28    paragraph (1) or (2) shall be destroyed within two years
29    after the date of the order, unless further extended by court
30    order. The department, the commission, a municipality or the

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 1      system administrator shall retain evidence that the records
 2      have been destroyed in accordance with this section.
 3            (4)   Motor vehicle owner information obtained as a result
 4      of the operation of an automated litter enforcement system
 5      under this section shall be the exclusive property of the
 6      Commonwealth or a municipality and not the property of the
 7      system administrator, manufacturer or vendor of the automated
 8      litter enforcement system and may not be used for a purpose
 9      other than prescribed in this section.
10            (5)   An intentional violation of this subsection shall
11      constitute a misdemeanor of the third degree punishable by a
12      fine of $500. Each violation shall constitute a separate and
13      distinct offense.
14      (n)   Defenses.--It shall be a defense to a violation under
15   subsection (g) that the:
16            (1)   Motor vehicle was reported to a police department as
17      stolen prior to the time the violation occurred and was not
18      recovered prior to that time.
19            (2)   Person receiving the notice of violation was not the
20      owner of the motor vehicle at the time of the offense.
21            (3)   Automated litter enforcement system being used to
22      determine the violation was not in compliance with this
23      section and any regulations established by the department
24      with respect to testing for accuracy, certification or
25      calibration.
26            (4)   Person named in the notice of the violation was not
27      driving the motor vehicle at the time of the violation. The
28      department or the system administrator may require the owner
29      to submit evidence that the owner was not the driver at the
30      time of the alleged violation. The owner of the motor vehicle

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 1    may not be required to disclose the identity of the driver of
 2    the motor vehicle at the time of the violation.
 3    (o)   Authority and duties.--
 4          (1)   The department, in consultation with the commission,
 5    shall promulgate regulations for the certification and the
 6    use of automated litter enforcement systems in accordance
 7    with this section.
 8          (2)   Municipalities that authorize the use of automated
 9    litter enforcement systems in litter enforcement zones under
10    their respective jurisdictions shall comply with regulations
11    promulgated by the department under this section.
12          (3)   In order to facilitate the prompt implementation of
13    this section, the department shall promulgate temporary
14    regulations in accordance with the following:
15                (i)    The temporary regulations shall expire upon
16          promulgation of final regulations.
17                (ii)    The department shall promulgate temporary
18          regulations not subject to:
19                       (A)   Sections 201, 202, 203, 204 and 205 of the
20                act of July 31, 1968 (P.L.769, No.240), referred to
21                as the Commonwealth Documents Law.
22                       (B)   Section 204(b) of the act of October 15,
23                1980 (P.L.950, No.164), known as the Commonwealth
24                Attorneys Act.
25                       (C)   The act of June 25, 1982 (P.L.633, No.181),
26                known as the Regulatory Review Act.
27                (iii)    The department's authority to adopt temporary
28          regulations shall expire three years after the effective
29          date of this subparagraph. Regulations adopted after this
30          period shall be promulgated as provided by law.

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 1          (4)   The department, the commission and a municipality
 2    shall serve directly or through a contracted private service
 3    with a manufacturer or vendor as the system administrator.
 4    Compensation under a contract authorized by this paragraph
 5    shall be based only upon the value of equipment and services
 6    provided or rendered in support of the automated litter
 7    enforcement system program and may not be based on the
 8    quantity of notices of violations issued or amount of fines
 9    imposed or generated.
10          (5)   The system administrator shall prepare and issue
11    notices of violations.
12    (p)   Payment of fine.--
13          (1)   An owner of a motor vehicle may admit responsibility
14    for the violation and pay the fine provided in the notice of
15    violation personally, through an authorized agent,
16    electronically or by mailing both payment and the notice of
17    violation to the system administrator.
18          (2)   Payment by mail shall be made only by money order,
19    credit card or check made payable to the Commonwealth, the
20    commission, the municipality or the system administrator, as
21    applicable.
22          (3)   Payment of the fine shall operate as a final
23    disposition of the case.
24          (4)   If payment is not received within 90 days of the
25    mailing of the notice of violation, the department, the
26    commission or the municipality may request an applicable
27    credit collection agency to resolve the payment amount owed.
28    (q)   Contentment of violation.--
29          (1)   An owner of a motor vehicle may, within 30 days of
30    the mailing date of the notice, request a hearing to contest

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 1    liability by appearing before the system administrator either
 2    personally or by an authorized agent or by sending a request
 3    on the prescribed form. A hearing to contest liability may be
 4    in person or be conducted through live-stream synchronous
 5    video conferencing or similar virtual presence technology.
 6        (2)   The system administrator shall provide an
 7    appropriate form by which owners of the motor vehicles may
 8    challenge a notice of violation.
 9        (3)   Upon receipt of a hearing request, the system
10    administrator shall, in a timely manner, schedule the matter
11    before a hearing officer designated by the department.
12    Written notice of the date, time and place of hearing must be
13    presented or sent by first class mail to the owner of the
14    motor vehicle. The department shall conduct hearings for
15    contests of violations under this section regardless of
16    whether the violation was issued under an automated litter
17    enforcement system administered by the department, the
18    commission or a municipality.
19        (4)   The hearing shall be informal and in accordance with
20    the department's procedural rules. The decision of the
21    department's hearing officer shall be made within 45 days
22    from the hearing date and shall be final, subject to the
23    right of the owner of the motor vehicle to appeal the
24    decision under paragraph (5).
25        (5)   If, within 45 days of issuance of the decision of
26    the department's hearing officer, the owner of the motor
27    vehicle requests in writing an appeal of the decision of the
28    hearing officer, the owner of the motor vehicle shall file
29    the notice of violation and supporting documents with the
30    office of the magisterial district judge for the magisterial

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 1    district where the violation occurred and a magisterial
 2    district judge shall hear and decide the matter de novo and
 3    shall be restricted to finding an owner liable or not liable
 4    for violating this section.
 5          (6)   The commission or municipality, or the system
 6    administrator on the commission's or municipality's behalf,
 7    shall reimburse the department for the actual cost of the
 8    hearing officer designated under paragraph (3).
 9    (r)   Revenue.--
10          (1)   Twenty five dollars of every fine collected for a
11    violation of this section shall be provided to the primary
12    police department that reviewed the submitted evidence for
13    the violation.
14          (2)   After the disbursement of fine revenue under
15    paragraph (1), fine revenue collected by a municipality, or
16    by the system administrator on the municipality's behalf,
17    shall be used to pay for the administration of the program
18    and the system administrator's invoice costs. Any remaining
19    revenue shall be used by the municipality for the litter
20    cleanup and abatement of highways or bridges owned by the
21    municipality.
22          (3)   After the disbursement of fine revenue under
23    paragraph (1), fine revenue collected by the department or
24    the commission, or by the system administrator on their
25    behalf, shall be deposited into the appropriate restricted
26    receipt account as specified under paragraph (4).
27          (4)   Two restricted receipt accounts are established in
28    the General Fund for fines remitted under this section to the
29    department and the commission, respectively. The system
30    administrator of the department or the commission, if any,

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 1      shall send an invoice to the department or the commission
 2      based, respectively, on services provided. The department or
 3      the commission shall use the appropriate restricted receipt
 4      account to pay for the administration of the program and the
 5      system administrator's invoice costs, if applicable.
 6      Remaining fines shall be allocated by the municipality for
 7      the litter cleanup and abatement of highways or bridges owned
 8      by the municipality.
 9      (s)    Definitions.--As used in this section, the following
10   words and phrases shall have the meanings given to them in this
11   subsection unless the context clearly indicates otherwise:
12      "Automated litter enforcement system" or "system."       A camera
13   system installed in public rights-of-way and highways that is
14   equipped with at least one camera and one computer that produces
15   recorded video and two or more still images of a motor vehicle
16   being used or operated in a manner that violates this section.
17      "Automated litter enforcement system operator."     An
18   individual who has completed training to perform procedures for
19   setting up, testing, operating and logging an automated litter
20   enforcement system.
21      "Commission."    The Pennsylvania Turnpike Commission.
22      "Litter enforcement zone."     Includes public rights-of-way and
23   highways where the department, the commission or the
24   municipality intends to use an automated litter enforcement
25   system.
26      "Municipality."    A city, borough or township.
27      "Notice of violation."    A notice issued under and in
28   accordance with subsection (j).
29      "Owner."    The registered owner of a motor vehicle as
30   identified by department records.

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 1      "Primary police department."      One of the following:
 2          (1)   For a municipality, either of the following:
 3                (i)    The police department of the municipality that
 4          has the authority to issue citations for violations of
 5          this title.
 6                (ii)    The Pennsylvania State Police if the
 7          municipality does not have a police department with
 8          authority to issue citations for violations of this
 9          title, at the sole discretion of the Pennsylvania State
10          Police.
11          (2)   For the department or the commission, the
12      Pennsylvania State Police.
13      "System administrator."      A person contracted with the
14   department, the commission or a municipality that creates, owns
15   or has a license or permission to sell, lease, distribute or
16   administer an automated litter enforcement system, consistent
17   with the requirements of this section, is under agreement with a
18   municipality, the department or the commission to perform, but
19   not be limited to, the following:
20          (1)   Provide for the installation, operation and
21      maintenance of an automated litter enforcement system in a
22      litter enforcement zone.
23          (2)   Administer the enforcement of a violation of this
24      section through an automated litter enforcement system on the
25      department's, the commission's or a municipality's behalf as
26      permitted by this section, including maintaining and
27      transmitting records, mailing violation notices, processing
28      violations, collecting fines and administering contests of
29      violations.
30      Section 2.      This act shall take effect in 60 days.

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