PRINTER'S NO. 1145

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1043 Session of 1981


        INTRODUCED BY KANUCK, W. D. HUTCHINSON, GALLEN, SIEMINSKI,
           DAVIES, FRYER, RYBAK, RITTER, KOWALYSHYN, ZWIKL, BROWN,
           CALTAGIRONE, SNYDER, SEVENTY, BRANDT, REBER, GRUPPO, PITTS,
           E. Z. TAYLOR, J. L. WRIGHT, CLYMER, OLASZ, GEIST, MORRIS AND
           ROCKS, MARCH 25, 1981

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 1981

                                     AN ACT

     1  Amending the act of February 11, 1976 (P.L.14, No.10), entitled
     2     "An act authorizing development of rural and intercity common
     3     carrier surface transportation," mandating certain intercity
     4     rail service and defining local financial responsibilities.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Subsection (b) of section 5, act of February 11,
     8  1976 (P.L.14, No.10), known as the "Pennsylvania Rural and
     9  Intercity Common Carrier Surface Transportation Assistance Act,"
    10  is amended and the section is amended by adding a subsection to
    11  read:
    12     Section 5.  Intercity Rail Passenger Service Program.--* * *
    13     (b)  The department shall coordinate the intercity rail
    14  passenger activities of the Commonwealth and other interested
    15  public and private organizations and persons to effectuate the
    16  purposes of this section and shall have the responsibility for
    17  negotiating with the Federal Government with respect to


     1  intercity rail passenger service programs. The secretary is
     2  authorized to enter into joint service agreements between the
     3  Commonwealth and any railroad company; any other Commonwealth
     4  department or agency or instrumentality thereof; any Federal
     5  agency; any other state or agency or instrumentality thereof;
     6  [or any political subdivision or municipality of the
     7  Commonwealth or any other state, or any instrumentality
     8  thereof,] relating to property, buildings, structures,
     9  facilities, services, rates, fares, classifications, dividends,
    10  allowances or charges (including charges between intercity rail
    11  passenger service facilities), or rules or regulations
    12  pertaining thereto, for or in connection with or incidental to
    13  transportation in whole or in part upon intercity rail passenger
    14  service facilities. Intercity rail passenger service facilities
    15  include the right-of-way and related trackage, rails, cars,
    16  locomotives, or other rolling stock, signal, power, fuel,
    17  communication and ventilation systems, power plants, stations,
    18  terminals, storage yards, repair and maintenance shops, yards,
    19  equipment and parts, offices and other real estate or personalty
    20  used or held for or incidental to the operation, rehabilitation
    21  or improvement of any railroad operating intercity rail
    22  passenger service or to operate such service, including but not
    23  limited to buildings, structures, and rail property.
    24     * * *
    25     (d)  The Commonwealth shall maintain and operate or shall
    26  enter into joint service agreements between the Commonwealth and
    27  any railroad company; any other Commonwealth department or
    28  agency or instrumentality thereof; or any Federal agency; or any
    29  other State or agency or instrumentality thereof, for intercity
    30  rail passenger facilities and regularly scheduled service
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     1  between the following cities in a safe, modern and efficient
     2  manner consistent with the convenient and commercial needs of
     3  the citizens of this Commonwealth:
     4     (i)  Bethlehem and Philadelphia
     5     (ii)  Pottsville, Reading and Philadelphia
     6     (iii)  Pittsburgh, Johnstown, Altoona, Harrisburg, Lancaster
     7  and Philadelphia.
     8     Section 2.  Subsection (a) of section 6 of the act is amended
     9  to read:
    10     Section 6.  Cooperation With Other Governments and Private
    11  Interests.--(a)  The department is directed to administer all
    12  projects under this act with such flexibility as to promote and
    13  encourage full cooperation and financial participation of
    14  Federal, State and local governments, agencies and
    15  instrumentalities, as well as private interests, so as to result
    16  in as effective and economical a program as possible. State
    17  financed projects as authorized under this act shall require
    18  local financial participation for rural common carrier surface
    19  transportation to the extent deemed reasonable by the secretary
    20  as expressed by rule or regulation. Intercity common carrier
    21  surface transportation, including service provided pursuant to
    22  section 5, shall not require local financial participation. The
    23  department shall respond to the requirements of the Regional
    24  Rail Reorganization Act of 1973 for the preservation of railroad
    25  service by means of operating assistance or acquisition, and
    26  shall follow planning requirements related thereto.
    27     Section 3.  This act shall take effect immediately.


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