PRINTER'S NO. 23
No. 29 Session of 1999
INTRODUCED BY HOLL, JANUARY 7, 1999
REFERRED TO TRANSPORTATION, JANUARY 7, 1999
AN ACT 1 Amending the act of July 5, 1984 (P.L.587, No.119), entitled "An 2 act empowering the Department of Transportation to preserve 3 and improve rail freight service in the Commonwealth by 4 making grants, loans or other assistance available to 5 qualified applicants; authorizing a comprehensive rail study; 6 making an appropriation; and making repeals," further 7 providing for the disposition of certain property. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 7(a) of the act of July 5, 1984 (P.L.587, 11 No.119), known as the Rail Freight Preservation and Improvement 12 Act, is amended to read: 13 Section 7. Contracts; procurement and sale of property; 14 competition in award of contracts. 15 (a) Contractual authority.-- 16 (1) The department shall have the power and authority to 17 enter into contracts and to make joint contracts of purchase 18 with any railroad company, transportation organization or 19 municipality in any manner complying with the law applicable 20 to the entity. The department shall have power and authority
1 to make contracts for the improvement of any rights-of-way, 2 roadbeds or rolling stock, electrification systems, other 3 transportation systems, or any parts thereof, constituting a 4 project without advertisement for competitive bids, where 5 such work is to be done at cost by the personnel and with the 6 facilities of the railroad company, local transportation 7 organization or municipality on whose system the property is 8 to be used. 9 (2) Any other provision of law to the contrary 10 notwithstanding, the department may sell, transfer, lease or 11 grant any license to, easement over or any other interest in 12 all, or any part of, the rail properties and other property 13 acquired under the provisions of this or any other rail- 14 related act to any responsible person, firm, corporation, 15 municipality or instrumentality thereof, municipal authority, 16 transportation authority, the Federal Government or any 17 branch or agency thereof, for continued operation or other 18 use compatible with the operation of a railroad or any public 19 purpose, when approval for the continued operation or other 20 public purpose is granted by the Interstate Commerce 21 Commission of the United States, when such approval is 22 required[.], and when approval is granted by the 23 Transportation Committees of the Senate and House of 24 Representatives. The department may exercise the authority 25 and power granted pursuant to this paragraph without the 26 necessity of competitive bidding. If, during the first five 27 years after the sale, transfer, lease or grant of a license 28 or easement, the property or property right is used for any 29 purpose other than that which is compatible with the 30 operation of a railroad or any public purpose, the property 19990S0029B0023 - 2 -
1 or property right shall revert to the Commonwealth. 2 (3) In the event the department determines that there is 3 no need for continued operation of a railroad on any rail 4 properties or other properties acquired under the provisions 5 of this or any other rail-related act, and that the 6 properties are not needed for any other public purpose, the 7 department may sell (under a system of public competitive 8 bidding), transfer, lease or grant any license to, easement 9 over or any other interest in all or any part of the 10 properties to any responsible person, firm, corporation, 11 municipality or instrumentality thereof, municipal authority, 12 transportation or to the Federal Government or any branch or 13 agency thereof for any worthwhile purpose, as determined by 14 the department[.], and subject to the approval of the 15 Transportation Committees of the Senate and House of 16 Representatives. 17 (4) At least [30] 60 days prior to the sale of any 18 property as [authorized by] described in paragraph (2) or 19 (3), the department shall provide written notice thereof to 20 the chairmen of the Transportation Committees of the Senate 21 and House of Representatives. Such notice shall state the 22 terms of the sale and include the evaluation made by the 23 department in determining that the sale of the described 24 property is in the best interests of the Commonwealth. 25 (5) At least 15 days prior to the sale, the chairmen of 26 the Transportation Committees of the Senate and House of 27 Representatives shall submit notice of approval or 28 disapproval to the department. Where the respective 29 committees disapprove the sale, such notice to the department 30 shall contain the reasons for the Transportation Committees' 19990S0029B0023 - 3 -
1 disapproval.
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3 Section 2. This act shall take effect in 60 days.
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