SENATE AMENDED
        PRIOR PRINTER'S NOS. 975, 2549, 2730,         PRINTER'S NO. 2918
        2745

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 865 Session of 1983


        INTRODUCED BY STUBAN, LAUGHLIN, CAWLEY, JAROLIN, TIGUE,
           PETRARCA, HASAY, SERAFINI, LUCYK, SHOWERS, BELFANTI, BLAUM,
           WARGO, BATTISTO, BALDWIN, PHILLIPS, BELARDI, GRIECO,
           LETTERMAN, W. W. FOSTER, COSLETT, KLINGAMAN, McCALL, DAVIES,
           LESCOVITZ, PISTELLA, FREEMAN, McHALE, CLARK, RUDY, GALLAGHER,
           F. E. TAYLOR, WAMBACH, KOWALYSHYN, DOMBROWSKI, STEIGHNER,
           KASUNIC, DALEY, MORRIS, ALDERETTE AND BOYES, APRIL 26, 1983

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MAY 8, 1984

                                     AN ACT

     1  Empowering the Department of Transportation to preserve and
     2     improve rail freight service in the Commonwealth by making
     3     grants, loans or other assistance available to qualified
     4     applicants; authorizing a comprehensive rail study; making an  <--
     5     appropriation APPROPRIATIONS; and making repeals.              <--

     6                         TABLE OF CONTENTS
     7  Section  1.  Short title.
     8  Section  2.  Findings and declaration of policy.
     9  Section  3.  Definitions.
    10  Section  4.  Rail Freight Policy Committee.
    11  Section  5.  Comprehensive rail freight study.
    12  Section  6.  Program authority.
    13  Section  7.  Contracts; procurement and sale of property;
    14                 competition in award of contracts.
    15  Section  8.  Cooperation with other governments and private


     1                 interests.
     2  Section  9.  Rules and regulations of department.
     3  Section 10.  Grants by transportation organizations or
     4                 municipalities.
     5  Section 11.  Limitation on decisions; findings and regulations
     6                 made by the secretary.
     7  SECTION 12.  APPROPRIATION.                                       <--
     8  Section 12 13 12.  Repeals.                                       <--
     9  Section 13 14 13.  Effective date.                                <--
    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12  Section 1.  Short title.
    13     This act shall be known and may be cited as the Rail Freight
    14  Preservation and Improvement Act.
    15  Section 2.  Findings and declaration of policy.
    16     (a)  Findings.--It is hereby determined and declared as a
    17  matter of legislative finding that:
    18         (1)  The welfare and vitality of the Commonwealth, the
    19     satisfactory movement of goods within the Commonwealth and
    20     the economic health of Commonwealth industries are being
    21     jeopardized by the deterioration or inadequate provision of
    22     rail freight transportation services within the Commonwealth.
    23         (2)  The number of miles of rail track within the
    24     Commonwealth which have been abandoned, prepared for
    25     abandonment or over which service has been terminated, as a
    26     result of the reorganization of rail carriers in the
    27     northeast United States, has directly threatened the
    28     provision of rail freight transportation services upon which
    29     the welfare and vitality of the Commonwealth depends.
    30         (3)  State assistance for the preservation,
    19830H0865B2918                  - 2 -

     1     rehabilitation and improvement of efficient and coordinated
     2     rail freight transportation services, systems and facilities
     3     is essential to the solution of these Statewide problems.
     4         (4)  The immediacy of the rail freight transportation
     5     problems within the Commonwealth necessitates that a
     6     comprehensive rail freight study be undertaken of the
     7     Commonwealth's transportation services, systems and
     8     facilities and concerning their preservation and improvement.
     9     (b)  Policy declaration.--Therefore, it is hereby declared to
    10  be the policy of the Commonwealth to promote the health, safety,
    11  convenience and welfare of its inhabitants by the establishment
    12  of a rail freight advisory POLICY committee and by providing,     <--
    13  through the Department of Transportation, State financial
    14  assistance for the preservation and improvement of essential
    15  rail freight transportation services, systems and facilities; by
    16  the conduct of a comprehensive study of such services, systems
    17  and facilities; and through the coordination of the
    18  Commonwealth's rail freight transportation activities with
    19  Federal and local governments, transportation organizations,
    20  transportation companies and other interested groups.
    21  Section 3.  Definitions.
    22     The following words and phrases when used in this act shall
    23  have the meanings given to them in this section unless the
    24  context clearly indicates otherwise:
    25     "Accelerated maintenance."  The replacing of ties and other
    26  track and structural materials in quantities as to be sufficient
    27  functionally to restore a railroad line to the level necessary
    28  for compliance with Federal Railroad Administration Class I
    29  Track Safety Standards for five years after completion of a
    30  project.
    19830H0865B2918                  - 3 -

     1     "Capital project."  Acquisition of property for equipping,
     2  furnishing, constructing, reconstructing, rehabilitating or
     3  improving rail freight transportation systems or facilities, but
     4  shall not include accelerated maintenance.
     5     "Committee."  The Rail Freight Policy Committee created by
     6  this act.
     7     "Department."  The Department of Transportation.
     8     "Municipality."  Any county, city, borough, incorporated
     9  town, township or home rule municipality.
    10     "Rail freight transportation services, systems and
    11  facilities."  Transportation provided by any and all persons or
    12  corporations holding out, offering or undertaking, directly or
    13  indirectly, service for compensation to the public for the
    14  transportation of property by rail; systems shall include any
    15  lines, rail corridors or properties necessary in providing rail
    16  freight transportation services, including easements or other
    17  rights-of-way; facilities shall include freight cars,
    18  locomotives, wires, poles and equipment for electrification of
    19  rail lines, rails, tracks, roadbeds, elevated structures,
    20  buildings, stations, terminals, loading docks, sidetracks,
    21  shelters, parking areas, tunnels or such similar items as may be
    22  necessary in the provision of rail freight transportation
    23  services.
    24     "Railroad company."  Any person, firm or corporation
    25  rendering common carrier rail freight transportation service in
    26  this Commonwealth, pursuant to authorization from the Public
    27  Utility Commission or the Interstate Commerce Commission, where
    28  such authorization is required by law.
    29     "Secretary."  The Secretary of Transportation.
    30     "State Transportation Commission."  The commission created in
    19830H0865B2918                  - 4 -

     1  section 2011 of the act of April 9, 1929 (P.L.177, No.175),
     2  known as The Administrative Code of 1929, or any successor
     3  organization.
     4     "Transportation organization."  Any municipal authority, mass
     5  transportation, port or other authority, or any combination of
     6  two or more such entities, now existing or hereafter organized
     7  under the laws of Pennsylvania, or pursuant to an interstate
     8  compact, empowered to render rail freight transportation service
     9  or assist in rendering rail freight transportation service in
    10  the Commonwealth of Pennsylvania, even though it may also render
    11  rail freight transportation service in adjacent states.
    12  Section 4.  Rail Freight Policy Committee.
    13     (a)  Creation.--There is hereby created a Rail Freight Policy
    14  Committee, which shall consist of thirteen members. The members
    15  shall be the Secretary of Transportation, ex officio, who shall
    16  act as chairman, the Secretary of Commerce, ex officio, the
    17  Secretary of Community Affairs, ex officio, the Chairman of the
    18  Public Utility Commission, ex officio, three members of the
    19  House of Representatives to be appointed by the Speaker, two
    20  shall be members of the majority party, and one shall be a
    21  member from the minority party, three members of the Senate to
    22  be appointed by the President pro tempore, two shall be members
    23  of the majority party, and one shall be a member from the
    24  minority party, two representatives of railroad companies, one
    25  of a Class I railroad and one of a Class III railroad, to be
    26  appointed by the Governor, who shall have extensive experience
    27  and knowledge of rail freight transportation activities
    28  throughout the Commonwealth, and one representative of a
    29  railroad shipper, to be appointed by the Governor, who shall
    30  have extensive experience and knowledge of rail freight
    19830H0865B2918                  - 5 -

     1  transportation activities throughout the Commonwealth. Each
     2  member may designate a representative to serve in his or her
     3  stead. A member who designates a representative shall notify the
     4  chairman, in writing, of the designation.
     5     (b)  Terms of appointees.--The term of all members of the
     6  committee appointed by the Governor shall be for three years,
     7  however, the initial terms of these members shall be as follows:
     8         (1)  One year for the representative of a Class I
     9     railroad.
    10         (2)  Two years for the representative of a Class III
    11     railroad.
    12         (3)  Three years for the representative of a railroad
    13     shipper.
    14  Any member of the committee may be reappointed for an additional
    15  term or terms. Any person appointed to fill a vacancy shall
    16  serve only for the unexpired term.
    17     (c)  Meetings and expenses.--The committee shall meet at
    18  least four times every 12 months, but may hold such additional
    19  meetings as are called by the chairman or by petition of at
    20  least four committee members. The railroad and shipper members
    21  of the committee shall be allowed per diem expenses, to be set
    22  by the committee, but not to exceed $75. The department shall
    23  provide appropriate staff support to enable the committee to
    24  properly carry out its functions.
    25     (d)  Powers and duties.--The power and duty of the committee
    26  shall be to advise and comment on the comprehensive rail freight
    27  study, to advise and comment on all phases of the rail freight
    28  transportation program activities being undertaken or
    29  financially assisted by the department, and to propose methods,
    30  strategies or technologies for improving rail freight
    19830H0865B2918                  - 6 -

     1  transportation services systems or facilities within the
     2  Commonwealth. The committee shall periodically submit reports of
     3  its deliberations and conclusions to the Governor, members of
     4  the General Assembly and the State Transportation Commission.
     5  The committee shall terminate its existence by ON NOVEMBER 30,    <--
     6  1988.
     7  Section 5.  Comprehensive rail freight study.
     8     (a)  Initiation of study.--The department shall undertake,
     9  either through its own staff or through the use of a consultant
    10  or consultants, or both, a comprehensive study of rail freight
    11  transportation services, systems and facilities within the
    12  Commonwealth and recommendations for their preservation and
    13  improvement to include at least the following elements:
    14         (1)  Identification of the rail network required to
    15     support Pennsylvania's industries.
    16         (2)  Identification of strategies to be used by the
    17     Commonwealth in assisting in the preservation of essential
    18     rail lines:
    19             (i)  a review of the department's criteria for
    20         evaluating potential projects, including alternate
    21         transportation costs, hazardous materials, etc.; and
    22             (ii)  identification of types of assistance which
    23         would be appropriate in different problem situations.
    24         (3)  Identification of major heavy, high and wide freight
    25     flows and define a base rail network corresponding to those
    26     flows; identify ways in which the department could act to
    27     preserve clearances on heavy, high and wide routes in the
    28     event of track alterations or removal.
    29         (4)  Identification of Commonwealth strategies in the
    30     event the Conrail system is broken up or if Conrail is sold
    19830H0865B2918                  - 7 -

     1     to another railroad which only maintains main line services.
     2         (5)  Analysis of disposition of Commonwealth owned branch
     3     lines as well as remaining route miles that have not been
     4     acted upon by Conrail.
     5         (6)  Identification of all other modes involved in rail
     6     freight movements and assess intermodal needs, including
     7     motor freight transfer facilities, port access and air
     8     freight movement.
     9     (b)  Utilization of study.--The department shall consider the
    10  conclusions of the comprehensive rail freight study in the
    11  implementation of its programs designed to preserve and improve
    12  the rail freight transportation services, systems and facilities
    13  within the Commonwealth, including the development of new
    14  initiatives, where required.
    15     (c)  Appropriation.--The sum of $750,000, or as much thereof
    16  as may be necessary, is hereby appropriated to the department
    17  for the exclusive purpose of carrying out the comprehensive rail
    18  freight study, including department administrative expenses.
    19  Unexpended funds appropriated shall remain available for
    20  expenditure until November 30, 1988.
    21  Section 6.  Program authority.
    22     (a)  Authority.--The department is hereby authorized, within
    23  the limitation herein provided to:
    24         (1)  Provide operating subsidy grants to railroad
    25     companies, transportation organizations or municipalities to
    26     defray, or assist in defraying, the net deficit incurred by
    27     such entities in providing essential rail freight
    28     transportation services within the Commonwealth.
    29         (2)  Provide grants to railroad companies, transportation
    30     organizations or municipalities to defray, or assist in
    19830H0865B2918                  - 8 -

     1     defraying, the cost of accelerated maintenance projects
     2     performed on rail lines within the Commonwealth.
     3         (3)  Undertake capital projects and to provide capital
     4     project grants to railroad companies, transportation
     5     organizations or municipalities. The department shall not
     6     operate or provide directly rail freight transportation
     7     services on its own rail lines or on lines owned by others,
     8     nor shall a capital project be undertaken in order to enable
     9     the department to provide directly rail freight
    10     transportation services.
    11         (4)  Acquire by purchase, lease, eminent domain
    12     proceedings, gift or otherwise, all and any property, in such
    13     estate as determined by the secretary, for promoting the
    14     purposes of this act, including the property of a public
    15     utility. All municipalities and corporations are hereby
    16     authorized to donate property to the department. Eminent
    17     domain proceedings shall be in accordance with the act of
    18     June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
    19     Domain Code, and the department is empowered to join with any
    20     municipality or transportation organization in obtaining any
    21     property through the eminent domain proceedings.
    22         (5)  Undertake research, studies, analysis and planning,
    23     to make grants to railroad companies, transportation
    24     organizations and municipalities for research, studies
    25     analysis and planning, relating to any phase of rail freight
    26     transportation services, systems and facilities, including
    27     the management, operation, capital requirements and economic
    28     feasibility thereof, and any preparation of engineering and
    29     architectural surveys, plans and specifications and other
    30     similar activities preliminary to and in preparation for
    19830H0865B2918                  - 9 -

     1     construction, acquisition or improved operation of rail
     2     freight transportation services, systems and facilities
     3     within the Commonwealth.
     4         (6)  Undertake demonstration projects and to make grants
     5     to railroad companies, transportation organizations and
     6     municipalities for demonstration projects, including the
     7     development, testing and demonstration of new facilities,
     8     equipment, techniques and methods of providing rail freight
     9     transportation services, systems and facilities within the
    10     Commonwealth.
    11         (7)  Undertake marketing activities and to make grants to
    12     railroad companies, transportation organizations and
    13     municipalities for marketing activities, designed to foster
    14     the fullest and most efficient utilization of rail freight
    15     transportation services, systems and facilities within the
    16     Commonwealth. Marketing activities may be undertaken by
    17     contract with the department or by subcontract with a grantee
    18     of the department, upon approval of the subcontract by the
    19     secretary.
    20         (8)  Undertake audits of any project being financially
    21     assisted by the department. The department may hire outside
    22     auditors to perform such functions or may direct its grantees
    23     to engage such auditors and include the expense thereof as an
    24     eligible program cost.
    25     (b)  Guidelines for grants.--The following shall govern all
    26  grants made under the authority of subsection (a):
    27         (1)  A responsible level of local financial
    28     participation, to be determined by the department, shall be
    29     required for each category of project authorized by this
    30     section.
    19830H0865B2918                 - 10 -

     1         (2)  A grant shall be made only upon application filed by
     2     a grantee reviewed and approved by the department. No grant
     3     shall exceed the amount requested by a grantee. An amended
     4     grant request need not be filed by a grantee where a proposed
     5     contract amendment does not exceed the amount previously
     6     requested.
     7         (3)  A grant may be made with reference to any
     8     appropriate project regardless of when it was first commenced
     9     or considered and regardless of whether the costs with
    10     respect thereto shall have been incurred prior to the time
    11     the project is undertaken or the project grant is applied for
    12     or made. In the case of a project involving accelerated
    13     maintenance or rehabilitation, grants shall be made by the
    14     department only after receipt of satisfactory documentation
    15     concerning the condition of the rail facilities involved
    16     before and after the accelerated maintenance or
    17     rehabilitation. Where the department contracts for a grant
    18     based upon estimated costs, payments may be made thereunder
    19     prior to the time costs are actually incurred, however, the
    20     department shall adjust the payments under any agreement
    21     before the end of the fiscal year involved, based upon the
    22     most recent available actual data.
    23         (4)  No agreement shall impair, suspend, contract,
    24     enlarge or extend or affect in any manner the powers of the
    25     Pennsylvania Public Utility Commission, the Interstate
    26     Commerce Commission or any other regulatory agency having
    27     jurisdiction over rail freight transportation services,
    28     systems and facilities.
    29     (c)  Loan authority.--The department is hereby authorized to
    30  make loans of Federal funds to railroad companies,
    19830H0865B2918                 - 11 -

     1  transportation organizations or municipalities, in accordance
     2  with the requirements of any Federal law establishing a loan
     3  program, for the rehabilitation and improvement of rail freight
     4  transportation systems and facilities.
     5  Section 7.  Contracts; procurement and sale of property;
     6                 competition in award of contracts.
     7     (a)  Contractual authority.--The department shall have the     <--
     8     (A)  CONTRACTUAL AUTHORITY.--                                  <--
     9         (1)  THE DEPARTMENT SHALL HAVE THE power and authority to
    10     enter into contracts and to make joint contracts of purchase
    11     with any railroad company, transportation organization or
    12     municipality in any manner complying with the law applicable
    13     to the entity. The department shall have power and authority
    14     to make contracts for the improvement of any rights-of-way,
    15     roadbeds or rolling stock, electrification systems, other
    16     transportation systems, or any parts thereof, constituting a
    17     project without advertisement for competitive bids, where
    18     such work is to be done at cost by the personnel and with the
    19     facilities of the railroad company, local transportation
    20     organization or municipality on whose system the property is
    21     to be used. Any other provision of law to the contrary         <--
    22     notwithstanding, the department may sell under a system of
    23     public competitive bidding,
    24         (2)  ANY OTHER PROVISION OF LAW TO THE CONTRARY            <--
    25     NOTWITHSTANDING, THE DEPARTMENT MAY SELL, transfer, lease or
    26     grant any license to, easement over or any other interest in
    27     all, or any part of, the rail properties and other property
    28     acquired under the provisions of this or any other rail-
    29     related act to any responsible person, firm, corporation,
    30     municipality or instrumentality thereof, municipal authority,
    19830H0865B2918                 - 12 -

     1     transportation authority, the Federal Government or any
     2     branch or agency thereof, for continued operation or other
     3     use compatible with the operation of a railroad or any public
     4     purpose, when approval for the continued operation or other
     5     public purpose is granted by the Interstate Commerce
     6     Commission of the United States, when such approval is
     7     required. In the event the department THE SALE BY THE          <--
     8     DEPARTMENT OF ANY RAIL PROPERTY OR OTHER PROPERTY ACQUIRED
     9     UNDER THE PROVISIONS OF THIS OR ANY OTHER RAIL-RELATED ACT TO
    10     ANY RESPONSIBLE PERSON, FIRM OR CORPORATION SHALL BE BY A
    11     SYSTEM OF PUBLIC COMPETITIVE BIDDING.
    12         (3)  IN THE EVENT THE DEPARTMENT determines that there is
    13     no need for continued operation of a railroad on any rail
    14     properties or other properties acquired under the provisions
    15     of this or any other rail-related act, and that the
    16     properties are not needed for any other public purpose, the
    17     department may sell under a system of public competitive       <--
    18     bidding, transfer, (UNDER A SYSTEM OF PUBLIC COMPETITIVE       <--
    19     BIDDING), TRANSFER, lease or grant any license to, easement
    20     over or any other interest in all or any part of the
    21     properties to any responsible person, firm, corporation,
    22     municipality or instrumentality thereof, municipal authority,
    23     transportation or to the Federal Government or any branch or
    24     agency thereof for any worthwhile purpose, as determined by
    25     the department. At least 30 days prior to the sale of any      <--
    26     property as authorized by this section,
    27         (4)  AT LEAST 30 DAYS PRIOR TO THE SALE OF ANY PROPERTY    <--
    28     AS AUTHORIZED BY PARAGRAPH (2) OR (3), the department shall
    29     provide written notice thereof to the chairmen of the
    30     Transportation Committees of the Senate and House of
    19830H0865B2918                 - 13 -

     1     Representatives.
     2     (b)  Competitive bids.--Except in the purchase of unique
     3  articles, or articles which for any other reason cannot be
     4  obtained in the open market, and except as herein specifically
     5  provided, competitive bids shall be secured before any purchase
     6  or sale, by contract, or otherwise, is made or before any
     7  contract is awarded for construction, alterations, supplies,
     8  equipment, repairs or maintenance or for rendering any services
     9  to the department other than professional services; and the
    10  purchase shall be made from or the contract shall be awarded to
    11  the lowest responsible bidder; or a sale to the highest
    12  responsible bidder. No purchase of any unique article or other
    13  articles which cannot be obtained in the open market shall be
    14  made without express approval of the secretary where the amount
    15  involved is in excess of $5,000.
    16     (c)  Advertisement.--Except as herein specifically provided
    17  otherwise, all purchases and sales in excess of $5,000 shall be
    18  awarded after advertising in a newspaper of general circulation
    19  in the area where the property is to be used not less than two
    20  weeks prior to the bid opening. Bids shall be publicly opened
    21  and read aloud at a date, time and place designated in the
    22  invitation to bid. In all cases of purchases or sales in excess
    23  of $5,000 authorized hereunder to be made without competitive
    24  bidding except purchases from or sales to a transportation
    25  organization or contracts with a transportation company under
    26  subsection (a), invitations to bid shall be sent not less than
    27  one week prior to the bid opening to at least three potential
    28  bidders who are qualified technically and financially to submit
    29  bids, or in lieu thereof a memorandum shall be kept on file
    30  showing that less than three potential bidders so qualified
    19830H0865B2918                 - 14 -

     1  exist in the market area within which it is practicable to
     2  obtain bids.
     3     (d)  Negotiation of certain contracts.--Purchases or sales
     4  under $5,000 may be negotiated with or without competitive
     5  bidding under sound procurement procedures as promulgated and
     6  established by the secretary.
     7     (e)  Waiver of competitive bid requirement.--Competitive
     8  bidding requirements may be waived if it is determined in such
     9  manner as the secretary may, by regulation, provide that an
    10  emergency directly and immediately affecting customer service,
    11  public health, safety or welfare requires immediate delivery of
    12  supplies, materials, or equipment. A record of circumstances
    13  explaining the emergency shall be submitted to the secretary and
    14  kept on file.
    15     (f)  Departmental property.--Contracts for the sale or lease
    16  of property owned by the department shall be awarded after
    17  competitive bidding as shown in subsection (c), except where a
    18  contract is entered into with any municipality or agency or
    19  instrumentality of the Commonwealth, transportation
    20  organization, railroad company or Federal agency.
    21     (g)  Restriction.--Requirements shall not be split into parts
    22  for the purpose of avoiding the provisions of this section.
    23     (h)  Rejection of bids.--The department shall have the right
    24  to reject any or all bids or parts of any or all bids, whenever,
    25  in the opinion of the secretary, such rejection is necessary for
    26  the protection of the interest of the Commonwealth. In every
    27  case, a record shall be made, setting forth the reason for the
    28  rejection which record shall thereafter be kept on file.
    29     (i)  Rules and regulations.--The secretary shall adopt rules
    30  and regulations to effectuate the provisions of this section.
    19830H0865B2918                 - 15 -

     1     (j)  Assignments.--The secretary shall have the power to
     2  accept the assignment from any railroad company, transportation
     3  organization or municipality of all or any interest in any
     4  lawfully made contract for the procurement and purchase of any
     5  asset deemed necessary or desirable by the secretary in
     6  connection with any project.
     7  Section 8.  Cooperation with other governments and private
     8                 interests.
     9     (a)  Cooperation.--The department is directed to administer
    10  all projects under this act with such flexibility as to promote
    11  and encourage full cooperation and financial participation of
    12  Federal, State and local governments, agencies and
    13  instrumentalities, as well as private interests, so as to result
    14  in as effective and economical a program as possible. The
    15  department shall respond to the requirements of any Federal rail
    16  freight transportation legislation now existing or enacted into
    17  law in the future, to the extent permitted under the laws of
    18  this Commonwealth, in order to enhance rail freight
    19  transportation services, systems and facilities within the
    20  Commonwealth.
    21     (b)  Agreements.--The department is hereby authorized to
    22  enter into agreements providing for mutual cooperation within it
    23  and any Federal agency and any transportation organization, or
    24  transportation company, or one or more of them, in any or all
    25  projects, including joint applications for Federal grants.
    26     (c)  Purpose of act.--It is the purpose and intent of this
    27  act to authorize the department to do any and all other things
    28  necessary or desirable to secure the financial aid or
    29  cooperation of any of the department's projects, and to do and
    30  perform all things which may be required by any statute of the
    19830H0865B2918                 - 16 -

     1  United States of America or by the lawful requirements of any
     2  Federal agency authorized to administer any program of Federal
     3  aid to transportation.
     4  Section 9.  Rules and regulations of department.
     5     In order to effectuate and enforce the provisions of this
     6  act, the department is authorized to promulgate necessary rules
     7  and regulations and prescribe conditions and procedures in order
     8  to assure compliance in carrying out the purposes for which
     9  grants may be made hereunder. The rules and regulations shall
    10  also provide for the observance of the relevant safety standards
    11  of any regulatory body having jurisdiction to promulgate such
    12  standards, but the department shall not be authorized hereby to
    13  do anything or suffer or permit any action which will violate
    14  any agreement with a transportation organization or company or
    15  any Federal agency, or impair, suspend, contract, enlarge or
    16  extend, or affect in any manner the powers of the Pennsylvania
    17  Public Utility Commission, or of the Interstate Commerce
    18  Commission, which by law are applicable to the railroad company,
    19  transportation organization or municipality involved.
    20  Section 10.  Grants by transportation organizations or
    21                 municipalities.
    22     Any transportation organization or municipality shall be and
    23  is hereby authorized to make annual grants from current revenues
    24  in order to participate in the rail freight transportation
    25  projects and to enter into long-term agreements providing for
    26  the payment of the same.
    27  Section 11.  Limitation on decisions; findings and regulations
    28                 made by the secretary.
    29     All decisions, findings and regulations made by the secretary
    30  pursuant to this act shall be for the purpose of this act only
    19830H0865B2918                 - 17 -

     1  and shall not constitute evidence before any regulatory body of
     2  this Commonwealth or any other jurisdiction.
     3  SECTION 12.  APPROPRIATION.                                       <--
     4     THE SUM OF $500,000, OR AS MUCH THEREOF AS MAY BE NECESSARY,
     5  IS HEREBY APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR
     6  THE FISCAL YEAR JULY 1, 1983 TO JUNE 30, 1984 TO CARRY OUT THE
     7  PROVISIONS OF THIS ACT.
     8  Section 12 13 12.  Repeals.                                       <--
     9     Sections 6(a), 7(a) and 13 of the act of February 11, 1976
    10  (P.L.14, No.10), known as the Pennsylvania Rural and Intercity
    11  Common Carrier Surface Transportation Assistance Act, are
    12  repealed.
    13  Section 13 14 13.  Effective date.                                <--
    14     This act shall take effect immediately. EXCEPT FOR THE         <--
    15  PROVISIONS OF SECTION 7 WHICH SHALL TAKE EFFECT IMMEDIATELY,
    16  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.










    C29L64DGS/19830H0865B2918       - 18 -