THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, ALLOWAY, BOSCOLA, FARNESE, FONTANA, KITCHEN, LEACH, LOGAN, MUSTO, RAFFERTY, STACK, TARTAGLIONE, WASHINGTON AND D. WHITE, MAY 27, 2009

REFERRED TO TRANSPORTATION, MAY 27, 2009  

AN ACT

Amending the act of July 5, 1984 (P.L.587, No.119), entitled "An

act empowering the Department of Transportation to preserve

and improve rail freight service in the Commonwealth by

making grants, loans or other assistance available to

qualified applicants; authorizing a comprehensive rail study;

making an appropriation; and making repeals," further

providing for the Rail Freight Advisory Committee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4 of the act of July 5, 1984 (P.L.587,

No.119), known as the Rail Freight Preservation and Improvement

Act, amended December 21, 1988 (P.L.1898, No.188), is amended to

read:

Section 4.  Rail Freight Advisory Committee.

(a)  Creation.--There is hereby created a Rail Freight

Advisory Committee, which shall consist of [24] 29 members. The

members shall be as follows:

(1)  The Secretary of Transportation, ex officio.

(2)  The Secretary of Commerce, ex officio.

(3)  The Chairman of the Pennsylvania Public Utility

Commission, ex officio.

(4)  The Chairman and Minority Chairman of the Senate

Transportation Committee.

(5)  The Chairman and Minority Chairman of the

Transportation Committee of the House of Representatives.

(6)  [Seventeen] Twenty-two members of the public

representing the areas of concern specified who shall have

extensive experience and knowledge of rail freight

transportation activities throughout the Commonwealth to be

appointed by the Governor as follows:

(i)  Two representatives of Class I railroad

companies.

(ii)  Three representatives of regional

railroad/short line operation.

(iii)  Six representative rail shippers, each to

represent one of the following areas:

(A)  Coal.

(B)  Steel.

(C)  Lumber.

(D)  Intermodal.

(E)  Chemical.

(F)  Food products/agriculture.

(iv)  Four representatives of organized labor, each

to represent one of the following areas:

(A)  Coal labor.

(B)  Steel labor.

(C)  Intermodal labor.

(D)  Railway labor.

[(iv)](v)  One representative from the Pennsylvania

Chamber of Commerce.

(vi)  One representative from the Pennsylvania AFL-

CIO.

[(v)](vii)  Two representatives of regional/local

economic development groups.

[(vi)](viii)  Two representatives of regional/local

planning commissions.

[(vii)](ix)  One representative of rail

contractors/suppliers.

Each member may designate a representative to serve in his or

her stead. A member who designates a representative shall notify

the chairman, in writing, of the designation.

(b)  Appointment of Public Labor Representatives.--The

members appointed under subsection (a)(6)(iv) and (vi) shall be

selected from a list containing three nominees submitted to the

Governor by the highest ranking official within the Pennsylvania

AFL-CIO.

[(b)](c)  Terms of appointees.--The term of all members of

the committee appointed by the Governor shall be for three

years, however, the initial terms of these members shall be as

follows:

(1)  One year for the representative of a Class I

railroad.

(2)  Two years for the representative of a Class III

railroad.

(3)  Three years for the representative of a railroad

shipper.

Any member of the committee may be reappointed for an additional

term or terms. Any person appointed to fill a vacancy shall

serve only for the unexpired term.

[(c)](d)  Meetings and expenses.--The committee shall meet at

least four times every 12 months, but may hold such additional

meetings as are called by the chairman or by petition of at

least seven committee members. The public members of the

committee shall be allowed per diem expenses, to be set by the

committee, but not to exceed $75. The department shall provide

appropriate staff support to enable the committee to properly

carry out its functions.

[(d)](e)  Powers and duties.--The power and duty of the

committee shall be to advise and comment on the comprehensive

rail freight study, to advise and comment on all phases of the

rail freight transportation program activities being undertaken

or financially assisted by the department, and to propose

methods, strategies or technologies for improving rail freight

transportation services systems or facilities within the

Commonwealth. The committee shall periodically submit reports of

its deliberations and conclusions to the Governor, members of

the General Assembly and the State Transportation Commission.

The committee and its statutory functions and duties shall

terminate and go out of existence on December 31, 1993, unless

reestablished or continued by the General Assembly. Evaluation

and review, termination, reestablishment and continuation of the

agency shall be conducted pursuant to the provisions of the act

of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.

[(e)](f)  Chairperson.--The members of the committee shall

annually elect a chairperson, a vice chairperson and a secretary

from among the public members appointed to the committee.

Section 2.  This act shall take effect in 60 days.