PRINTER'S NO. 2408
No. 1952 Session of 1995
INTRODUCED BY CIVERA, VEON, GEIST, GAMBLE, RAYMOND, STURLA,
SANTONI, BUXTON, M. COHEN, DeLUCA, FAJT, LAUGHLIN, OLASZ,
SCHULER, LaGROTTA, ROONEY, SURRA, BELARDI, TANGRETTI,
JOSEPHS, COLAFELLA, LEVDANSKY, CARONE, BELFANTI, TRELLO,
KAISER, DERMODY, MELIO, LEDERER, STETLER, MANDERINO,
MARKOSEK, BOYES, MARSICO, TRUE, ZIMMERMAN, ARMSTRONG,
HERSHEY, HENNESSEY, SCHRODER, PETRARCA, BISHOP, COWELL,
OLIVER, CORRIGAN, CAPPABIANCA, CURRY, WOGAN, KENNEY, KELLER,
BUTKOVITZ, DONATUCCI, KUKOVICH, McGEEHAN, O'BRIEN, WILLIAMS,
COLAIZZO, WALKO, STRITTMATTER, PETRONE, PISTELLA, MICOZZIE,
SAINATO, RIEGER, MAYERNIK, LUCYK, SCRIMENTI, McCALL, DeWEESE,
GIGLIOTTI, ITKIN, MICHLOVIC, JAMES, PESCI, KIRKLAND,
VAN HORNE, BOSCOLA, CONTI, S. H. SMITH, BATTISTO, PRESTON,
DALEY, L. I. COHEN, FARGO, LYNCH, JADLOWIEC, PICCOLA, TULLI,
MASLAND AND RAMOS, JUNE 29, 1995
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 29, 1995
AN ACT
1 Providing for contracts relating to rail passenger service;
2 providing for powers and duties of the Department of
3 Transportation; creating the Rail Passenger Advisory Panel;
4 establishing the Rail Passenger Fund; and making an
5 appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Pennsylvania
10 Passenger Rail Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Department." The Department of Transportation of the
3 Commonwealth.
4 "Panel." The Rail Passenger Advisory Panel created under
5 section 5.
6 Section 3. Department contracts.
7 The department shall contract for the following:
8 (1) Provision of no less than ten round-trip passenger
9 trains per weekday between Philadelphia and Harrisburg.
10 (2) Addition of two round-trip cross-State trains, with
11 intermittent stops as determined appropriate, between
12 Philadelphia and Pittsburgh. Optional service extensions
13 shall include eastbound from Philadelphia to New York and
14 westbound from Pittsburgh to Cleveland.
15 (3) Establishment of southwest service. This shall
16 include intercity rail passenger service between Johnstown
17 and Pittsburgh, with two weekday round-trips, and two weekday
18 round-trips between Greensburg and Pittsburgh. Other routes
19 as recommended by the panel may be established.
20 Section 4. Capital construction grant program.
21 The department shall administer a capital construction grant
22 program. Eligible capital construction grant projects include
23 station construction, parking facilities and other
24 infrastructure amenities. Municipalities are eligible to apply
25 for the capital construction grants. The department shall
26 promulgate rules to govern the operation of the grant program.
27 Section 5. Rail Passenger Advisory Panel.
28 (a) Creation.--There is hereby created the Rail Passenger
29 Advisory Panel. The panel shall consist of the following
30 members:
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1 (1) The Secretary of Transportation or designee who
2 shall serve as chairperson.
3 (2) The Secretary of Commerce or designee.
4 (3) The chairman and minority chairman of the
5 Transportation Committee of the Senate and the chairman and
6 minority chairman of the Transportation Committee of the
7 House of Representatives or their designees.
8 (4) Two public members appointed by the Governor.
9 (5) A member of a Statewide labor organization which
10 represents employees involved in rail passenger operations
11 appointed by the Governor.
12 (b) Term of office.--Except as provided in subsection (c),
13 members shall serve for a term of four years.
14 (c) Rules governing operation of panel.--The department
15 shall promulgate rules to govern the operation of the panel,
16 including the establishment of the initial terms of the members.
17 The terms of the members, pursuant to the regulations, shall be
18 staggered.
19 (d) Powers and duties of panel.--The powers and duties of
20 the panel shall include, but are not limited to:
21 (1) Making recommendations on rail passenger service,
22 including scheduling, routes and related matters.
23 (2) Making recommendations on capital expenditures.
24 (3) Developing strategies to integrate advanced
25 technology into rail passenger operations.
26 Section 6. Rail Passenger Fund.
27 A restricted revenue fund is hereby established in the State
28 Treasury to be known as the Rail Passenger Fund. The department
29 shall make timely deposits of revenues generated by this act.
30 These funds shall be used solely for the purposes of
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1 administering this act and shall supplement any appropriation
2 made from the General Fund for the purposes of this act.
3 Section 7. Reporting requirement.
4 The department shall make an annual report to the General
5 Assembly concerning the operation of this act.
6 Section 8. Federal Rail Passenger Service Act.
7 This act and any contract entered into under this act shall
8 be in accordance with the Rail Passenger Service Act (Public Law
9 91-518, 45 U.S.C. §501 et seq.) where applicable.
10 Section 9. Applicability of Federal and State law.
11 The operation of any service under this act shall be governed
12 by all applicable Federal and State law, including, but not
13 limited to, the Railway Labor Act (Public Law 69-257, 44 Stat.
14 577), the Railroad Retirement Act of 1974 (Public Law 93-445, 88
15 Stat. 1305), the Rail Safety and Service Improvement Act of 1982
16 (Public Law 97-468, 96 Stat. 2543) and the Rail Safety
17 Improvement Act of 1988 (Public Law 100-342, 102 Stat. 624).
18 Section 10. Appropriation.
19 The sum of $12,650,000, or as much thereof as may be
20 necessary, is hereby appropriated to the Department of
21 Transportation to carry out the provisions of this act.
22 Section 11. Effective date.
23 This act shall take effect in 90 days.
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