PRINTER'S NO. 968
No. 894 Session of 1999
INTRODUCED BY GEIST, BATTISTO, MARSICO, ARGALL, BELFANTI, CALTAGIRONE, CAPPABIANCA, CAWLEY, CHADWICK, CIVERA, CLARK, COLAFELLA, COY, CURRY, DALEY, DERMODY, DRUCE, FARGO, FLICK, FREEMAN, GIGLIOTTI, GORDNER, GRUCELA, HARHAI, HENNESSEY, HESS, HORSEY, JOSEPHS, LAUGHLIN, LEDERER, LEH, LEVDANSKY, LYNCH, MAHER, MANDERINO, MARKOSEK, MASLAND, McCALL, McILHINNEY, McNAUGHTON, MELIO, MUNDY, NAILOR, ORIE, PESCI, PETRARCA, PLATTS, PRESTON, RAYMOND, ROONEY, SAINATO, SATHER, SAYLOR, SCHRODER, SCHULER, SEMMEL, SHANER, SNYDER, SOLOBAY, STABACK, STAIRS, STEELMAN, STERN, TANGRETTI, TIGUE, TRUE, TULLI, VAN HORNE, WILLIAMS, WOJNAROSKI, YEWCIC, YOUNGBLOOD, ZUG, ALLEN, BARD, BELARDI, BENNINGHOFF, BISHOP, BUXTON, L. I. COHEN, CORRIGAN, DEMPSEY, GLADECK, HERSHEY, PIPPY, ROEBUCK, SCRIMENTI, STRITTMATTER, TRICH, SERAFINI AND WALKO, MARCH 15, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 15, 1999
AN ACT 1 Reestablishing the High Speed Intercity Rail Passenger 2 Commission and providing for its powers and duties; providing 3 for duties of the Department of Transportation; and making a 4 repeal. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the High Speed 9 Intercity Rail Passenger Commission Act of 1999. 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Commission." The High Speed Intercity Rail Passenger 3 Commission established by this act. 4 "Compact." The Interstate High Speed Intercity Rail 5 Passenger Network Compact entered into by the Commonwealth 6 pursuant to the act of June 22, 1980 (P.L.259, No.75), entitled 7 "An act adopting the interstate high speed intercity rail 8 passenger network compact and for related purposes." 9 "System." A high speed intercity rail passenger system for 10 this Commonwealth. 11 Section 3. High Speed Intercity Rail Passenger Commission 12 established. 13 (a) Commission established.--There is hereby established the 14 High Speed Intercity Rail Passenger Commission which shall have 15 those powers and duties imposed by section 4. 16 (b) Commission membership.--The commission shall be composed 17 of the following nine members: 18 (1) The chairman and minority chairman of the 19 Transportation Committee of the Senate and the chairman and 20 minority chairman of the Transportation Committee of the 21 House of Representatives, or their successor committees, or 22 their designees. 23 (2) One person representing the Executive Branch to be 24 appointed by the Governor. 25 (3) One person representing organized rail labor to be 26 appointed by the Governor. 27 (4) One person representing the rail industry to be 28 appointed by the Governor. 29 (5) Two general interest members to be appointed by the 30 Governor. 19990H0894B0968 - 2 -
1 (c) Vacancies.--Vacancies occurring on the commission shall 2 be filled in the same manner in which the original appointments 3 were made. Members of the commission shall serve at the pleasure 4 of their appointing authority. 5 (d) Commission chairman and compensation.--The commission 6 shall select a chairman and such other officers it deems 7 necessary from among its membership. Members of the commission 8 shall not be compensated for serving on the commission but shall 9 be entitled to receive reimbursement for their actual expenses 10 incurred while on commission business. 11 Section 4. Powers and duties. 12 The commission shall have the overall responsibility, power 13 and duty to investigate, study and make recommendations 14 concerning the need for and establishment and operation of a 15 high speed intercity rail passenger system in this Commonwealth. 16 The commission shall, without limiting its authority to study 17 related subjects, address the following specific areas and 18 issues: 19 (1) The need and demand for high speed intercity rail 20 service in this Commonwealth. 21 (2) The level of high speed rail service required to 22 meet the need for such service. 23 (3) System, equipment, roadbed, right-of-way and other 24 technical and technological options such as electrification. 25 (4) Location and extent of the specific routes in the 26 system. 27 (5) Cost of implementing the system. 28 (6) Economic impact of the system. 29 (7) Financing, ownership and operating options for the 30 system. 19990H0894B0968 - 3 -
1 (8) Impact and interaction of the system on existing 2 freight rail operations and on existing or proposed rail 3 passenger systems. 4 (9) Present or proposed operation of similar systems in 5 the United States and in other countries. 6 (10) Issues and problems relating to local and commuter 7 rail service, including funding. 8 Section 5. Cooperation with other agencies and organizations. 9 The commission shall cooperate and exchange information with 10 other Federal and State agencies and with the private sector and 11 related nonprofit organizations involved in rail transportation. 12 The commission shall provide appropriate assistance and support 13 to the Interstate Rail Passenger Advisory Council established by 14 the compact. 15 Section 6. Staff. 16 The commission may employ such professional, technical and 17 clerical staff and engage the services of consultants, as it 18 deems necessary to carry out its responsibilities under this 19 act. Further, the Department of Transportation shall provide 20 necessary office space and administrative support for the 21 commission. Whenever possible, the commission shall utilize the 22 services and expertise of existing personnel and staff of State 23 Government and to this end the Governor is hereby directed to 24 make such personnel and staff available to the commission to the 25 fullest extent commensurate with the performance of their other 26 duties. The commission shall reimburse State agencies, including 27 the Department of Transportation, for any expenses incurred in 28 providing to the commission the services as required by this 29 act. 30 Section 7. Meetings and hearings. 19990H0894B0968 - 4 -
1 The commission shall hold an organizational meeting as soon 2 as possible after the appointment of all its members. 3 Thereafter, the commission shall hold meetings at the call of 4 the chairman or of a majority of the members serving thereon. 5 Five members shall constitute a quorum. The commission shall 6 also hold public hearings on the matters to be considered by it 7 at locations throughout this Commonwealth, including 8 specifically those areas most likely to be served by the system. 9 All meetings and public hearings of the commission shall be 10 deemed public meetings for the purposes of the act of July 3, 11 1986 (P.L.388, No.84), known as the Sunshine Act. 12 Section 8. Reports. 13 The commission shall make at least annual reports of its 14 activities and recommendations to the General Assembly and the 15 Governor. 16 Section 9. Finances and contributions. 17 In addition to any moneys that may be appropriated from time 18 to time by the General Assembly for its work, the commission is 19 authorized to make application for and expend such Federal 20 grants as may be available and may also receive and expend 21 contributions from other public, quasi-public or private sources 22 as may become available. 23 Section 10. Committee on Oversight. 24 (a) Composition.--There shall be a Committee on Oversight 25 which shall be composed of the chairman and minority chairman of 26 the Transportation Committee of the Senate, the chairman and 27 minority chairman of the Transportation Committee of the House 28 of Representatives and the person appointed by the Governor to 29 represent the Executive Branch. Meetings shall be called by 30 either the chairman of the Transportation Committee of the 19990H0894B0968 - 5 -
1 Senate or the chairman of the Transportation Committee of the 2 House of Representatives. A quorum shall consist of three 3 members and any actions by the committee shall require a 4 majority vote. 5 (b) Oversight consultants.--The Committee on Oversight shall 6 select oversight consultants and shall direct oversight 7 functions relating to data, methods, studies and reports used by 8 or prepared for the commission. The oversight consultants shall 9 be the contractor or contractors selected by and responsible to 10 the committee for the review and evaluation of all data, 11 methods, studies and reports prepared for the commission. 12 (c) Fees and expenses.--All fees and expenses for oversight 13 functions shall be paid by the commission at the direction of 14 the Committee on Oversight from funds appropriated to it by the 15 General Assembly. 16 (d) Publication of findings.--Oversight function findings 17 shall be submitted to the Committee on Oversight and shall be 18 published by the commission when and as presented by the 19 committee in all related public documents. 20 Section 11. Transfer of records. 21 Any Commonwealth agency in possession of any records, 22 contracts, agreements, files or other materials used by the High 23 Speed Intercity Rail Passenger Commission under the act of 24 December 22, 1981 (P.L.518, No.144), known as the High Speed 25 Intercity Rail Passenger Commission Act, on the effective date 26 of this act shall transfer and deliver the same to the High 27 Speed Intercity Rail Passenger Commission established under this 28 act. To the extent possible, the High Speed Intercity Rail 29 Passenger Commission under this act may use and update the 30 results of any investigation or study conducted under the High 19990H0894B0968 - 6 -
1 Speed Intercity Rail Passenger Commission Act. 2 Section 12. Repeal. 3 The act of December 22, 1981 (P.L.518, No.144), known as the 4 High Speed Intercity Rail Passenger Commission Act, is repealed. 5 Section 13. Effective date. 6 This act shall take effect immediately. B3L74JRW/19990H0894B0968 - 7 -