SENATE AMENDED PRIOR PRINTER'S NOS. 975, 2549, 2730, PRINTER'S NO. 3115 2745, 2918
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
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 5, 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 16 interests.
1 Section 9. Rules and regulations of department. 2 Section 10. Grants by transportation organizations or 3 municipalities. 4 Section 11. Limitation on decisions; findings and regulations 5 made by the secretary. 6 SECTION 12. APPROPRIATION. <-- 7 Section 12 13 12. Repeals. <-- 8 Section 13 14 13. Effective date. <-- 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Short title. 12 This act shall be known and may be cited as the Rail Freight 13 Preservation and Improvement Act. 14 Section 2. Findings and declaration of policy. 15 (a) Findings.--It is hereby determined and declared as a 16 matter of legislative finding that: 17 (1) The welfare and vitality of the Commonwealth, the 18 satisfactory movement of goods within the Commonwealth and 19 the economic health of Commonwealth industries are being 20 jeopardized by the deterioration or inadequate provision of 21 rail freight transportation services within the Commonwealth. 22 (2) The number of miles of rail track within the 23 Commonwealth which have been abandoned, prepared for 24 abandonment or over which service has been terminated, as a 25 result of the reorganization of rail carriers in the 26 northeast United States, has directly threatened the 27 provision of rail freight transportation services upon which 28 the welfare and vitality of the Commonwealth depends. 29 (3) State assistance for the preservation, 30 rehabilitation and improvement of efficient and coordinated 19830H0865B3115 - 2 -
1 rail freight transportation services, systems and facilities
2 is essential to the solution of these Statewide problems.
3 (4) The immediacy of the rail freight transportation
4 problems within the Commonwealth necessitates that a
5 comprehensive rail freight study be undertaken of the
6 Commonwealth's transportation services, systems and
7 facilities and concerning their preservation and improvement.
8 (b) Policy declaration.--Therefore, it is hereby declared to
9 be the policy of the Commonwealth to promote the health, safety,
10 convenience and welfare of its inhabitants by the establishment
11 of a rail freight advisory POLICY committee and by providing, <--
12 through the Department of Transportation, State financial
13 assistance for the preservation and improvement of essential
14 rail freight transportation services, systems and facilities; by
15 the conduct of a comprehensive study of such services, systems
16 and facilities; and through the coordination of the
17 Commonwealth's rail freight transportation activities with
18 Federal and local governments, transportation organizations,
19 transportation companies and other interested groups.
20 Section 3. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Accelerated maintenance." The replacing of ties and other
25 track and structural materials in quantities as to be sufficient
26 functionally to restore a railroad line to the level necessary
27 for compliance with Federal Railroad Administration Class I
28 Track Safety Standards for five years after completion of a
29 project.
30 "Capital project." Acquisition of property for equipping,
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1 furnishing, constructing, reconstructing, rehabilitating or 2 improving rail freight transportation systems or facilities, but 3 shall not include accelerated maintenance. 4 "Committee." The Rail Freight Policy Committee created by 5 this act. 6 "Department." The Department of Transportation. 7 "Municipality." Any county, city, borough, incorporated 8 town, township or home rule municipality. 9 "Rail freight transportation services, systems and 10 facilities." Transportation provided by any and all persons or 11 corporations holding out, offering or undertaking, directly or 12 indirectly, service for compensation to the public for the 13 transportation of property by rail; systems shall include any 14 lines, rail corridors or properties necessary in providing rail 15 freight transportation services, including easements or other 16 rights-of-way; facilities shall include freight cars, 17 locomotives, wires, poles and equipment for electrification of 18 rail lines, rails, tracks, roadbeds, elevated structures, 19 buildings, stations, terminals, loading docks, sidetracks, 20 shelters, parking areas, tunnels or such similar items as may be 21 necessary in the provision of rail freight transportation 22 services. 23 "Railroad company." Any person, firm or corporation 24 rendering common carrier rail freight transportation service in 25 this Commonwealth, pursuant to authorization from the Public 26 Utility Commission or the Interstate Commerce Commission, where 27 such authorization is required by law. 28 "Secretary." The Secretary of Transportation. 29 "State Transportation Commission." The commission created in 30 section 2011 of the act of April 9, 1929 (P.L.177, No.175), 19830H0865B3115 - 4 -
1 known as The Administrative Code of 1929, or any successor 2 organization. 3 "Transportation organization." Any municipal authority, mass 4 transportation, port or other authority, or any combination of 5 two or more such entities, now existing or hereafter organized 6 under the laws of Pennsylvania, or pursuant to an interstate 7 compact, empowered to render rail freight transportation service 8 or assist in rendering rail freight transportation service in 9 the Commonwealth of Pennsylvania, even though it may also render 10 rail freight transportation service in adjacent states. 11 Section 4. Rail Freight Policy Committee. 12 (a) Creation.--There is hereby created a Rail Freight Policy 13 Committee, which shall consist of thirteen members. The members 14 shall be the Secretary of Transportation, ex officio, who shall 15 act as chairman, the Secretary of Commerce, ex officio, the 16 Secretary of Community Affairs, ex officio, the Chairman of the 17 Public Utility Commission, ex officio, three members of the 18 House of Representatives to be appointed by the Speaker, two 19 shall be members of the majority party, and one shall be a 20 member from the minority party, three members of the Senate to 21 be appointed by the President pro tempore, two shall be members 22 of the majority party, and one shall be a member from the 23 minority party, two representatives of railroad companies, one 24 of a Class I railroad and one of a Class III railroad, to be 25 appointed by the Governor, who shall have extensive experience 26 and knowledge of rail freight transportation activities 27 throughout the Commonwealth, and one representative of a 28 railroad shipper, to be appointed by the Governor, who shall 29 have extensive experience and knowledge of rail freight 30 transportation activities throughout the Commonwealth. Each 19830H0865B3115 - 5 -
1 member may designate a representative to serve in his or her 2 stead. A member who designates a representative shall notify the 3 chairman, in writing, of the designation. 4 (b) Terms of appointees.--The term of all members of the 5 committee appointed by the Governor shall be for three years, 6 however, the initial terms of these members shall be as follows: 7 (1) One year for the representative of a Class I 8 railroad. 9 (2) Two years for the representative of a Class III 10 railroad. 11 (3) Three years for the representative of a railroad 12 shipper. 13 Any member of the committee may be reappointed for an additional 14 term or terms. Any person appointed to fill a vacancy shall 15 serve only for the unexpired term. 16 (c) Meetings and expenses.--The committee shall meet at 17 least four times every 12 months, but may hold such additional 18 meetings as are called by the chairman or by petition of at 19 least four committee members. The railroad and shipper members 20 of the committee shall be allowed per diem expenses, to be set 21 by the committee, but not to exceed $75. The department shall 22 provide appropriate staff support to enable the committee to 23 properly carry out its functions. 24 (d) Powers and duties.--The power and duty of the committee 25 shall be to advise and comment on the comprehensive rail freight 26 study, to advise and comment on all phases of the rail freight 27 transportation program activities being undertaken or 28 financially assisted by the department, and to propose methods, 29 strategies or technologies for improving rail freight 30 transportation services systems or facilities within the 19830H0865B3115 - 6 -
1 Commonwealth. The committee shall periodically submit reports of
2 its deliberations and conclusions to the Governor, members of
3 the General Assembly and the State Transportation Commission.
4 The committee shall terminate its existence by ON NOVEMBER 30, <--
5 1988.
6 Section 5. Comprehensive rail freight study.
7 (a) Initiation of study.--The department shall undertake,
8 either through its own staff or through the use of a consultant
9 or consultants, or both, a comprehensive study of rail freight
10 transportation services, systems and facilities within the
11 Commonwealth and recommendations for their preservation and
12 improvement to include at least the following elements:
13 (1) Identification of the rail network required to
14 support Pennsylvania's industries.
15 (2) Identification of strategies to be used by the
16 Commonwealth in assisting in the preservation of essential
17 rail lines:
18 (i) a review of the department's criteria for
19 evaluating potential projects, including alternate
20 transportation costs, hazardous materials, etc.; and
21 (ii) identification of types of assistance which
22 would be appropriate in different problem situations.
23 (3) Identification of major heavy, high and wide freight
24 flows and define a base rail network corresponding to those
25 flows; identify ways in which the department could act to
26 preserve clearances on heavy, high and wide routes in the
27 event of track alterations or removal.
28 (4) Identification of Commonwealth strategies in the
29 event the Conrail system is broken up or if Conrail is sold
30 to another railroad which only maintains main line services.
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1 (5) Analysis of disposition of Commonwealth owned branch 2 lines as well as remaining route miles that have not been 3 acted upon by Conrail. 4 (6) Identification of all other modes involved in rail 5 freight movements and assess intermodal needs, including 6 motor freight transfer facilities, port access and air 7 freight movement. 8 (b) Utilization of study.--The department shall consider the 9 conclusions of the comprehensive rail freight study in the 10 implementation of its programs designed to preserve and improve 11 the rail freight transportation services, systems and facilities 12 within the Commonwealth, including the development of new 13 initiatives, where required. 14 (c) Appropriation.--The sum of $750,000, or as much thereof 15 as may be necessary, is hereby appropriated to the department 16 for the exclusive purpose of carrying out the comprehensive rail 17 freight study, including department administrative expenses. 18 Unexpended funds appropriated shall remain available for 19 expenditure until November 30, 1988. 20 Section 6. Program authority. 21 (a) Authority.--The department is hereby authorized, within 22 the limitation herein provided to: 23 (1) Provide operating subsidy grants to railroad 24 companies, transportation organizations or municipalities to 25 defray, or assist in defraying, the net deficit incurred by 26 such entities in providing essential rail freight 27 transportation services within the Commonwealth. 28 (2) Provide grants to railroad companies, transportation 29 organizations or municipalities to defray, or assist in 30 defraying, the cost of accelerated maintenance projects 19830H0865B3115 - 8 -
1 performed on rail lines within the Commonwealth. 2 (3) Undertake capital projects and to provide capital 3 project grants to railroad companies, transportation 4 organizations or municipalities. The department shall not 5 operate or provide directly rail freight transportation 6 services on its own rail lines or on lines owned by others, 7 nor shall a capital project be undertaken in order to enable 8 the department to provide directly rail freight 9 transportation services. 10 (4) Acquire by purchase, lease, eminent domain 11 proceedings, gift or otherwise, all and any property, in such 12 estate as determined by the secretary, for promoting the 13 purposes of this act, including the property of a public 14 utility. All municipalities and corporations are hereby 15 authorized to donate property to the department. Eminent 16 domain proceedings shall be in accordance with the act of 17 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent 18 Domain Code, and the department is empowered to join with any 19 municipality or transportation organization in obtaining any 20 property through the eminent domain proceedings. 21 (5) Undertake research, studies, analysis and planning, 22 to make grants to railroad companies, transportation 23 organizations and municipalities for research, studies 24 analysis and planning, relating to any phase of rail freight 25 transportation services, systems and facilities, including 26 the management, operation, capital requirements and economic 27 feasibility thereof, and any preparation of engineering and 28 architectural surveys, plans and specifications and other 29 similar activities preliminary to and in preparation for 30 construction, acquisition or improved operation of rail 19830H0865B3115 - 9 -
1 freight transportation services, systems and facilities 2 within the Commonwealth. 3 (6) Undertake demonstration projects and to make grants 4 to railroad companies, transportation organizations and 5 municipalities for demonstration projects, including the 6 development, testing and demonstration of new facilities, 7 equipment, techniques and methods of providing rail freight 8 transportation services, systems and facilities within the 9 Commonwealth. 10 (7) Undertake marketing activities and to make grants to 11 railroad companies, transportation organizations and 12 municipalities for marketing activities, designed to foster 13 the fullest and most efficient utilization of rail freight 14 transportation services, systems and facilities within the 15 Commonwealth. Marketing activities may be undertaken by 16 contract with the department or by subcontract with a grantee 17 of the department, upon approval of the subcontract by the 18 secretary. 19 (8) Undertake audits of any project being financially 20 assisted by the department. The department may hire outside 21 auditors to perform such functions or may direct its grantees 22 to engage such auditors and include the expense thereof as an 23 eligible program cost. 24 (b) Guidelines for grants.--The following shall govern all 25 grants made under the authority of subsection (a): 26 (1) A responsible level of local financial 27 participation, to be determined by the department, shall be 28 required for each category of project authorized by this 29 section. 30 (2) A grant shall be made only upon application filed by 19830H0865B3115 - 10 -
1 a grantee reviewed and approved by the department. No grant 2 shall exceed the amount requested by a grantee. An amended 3 grant request need not be filed by a grantee where a proposed 4 contract amendment does not exceed the amount previously 5 requested. 6 (3) A grant may be made with reference to any 7 appropriate project regardless of when it was first commenced 8 or considered and regardless of whether the costs with 9 respect thereto shall have been incurred prior to the time 10 the project is undertaken or the project grant is applied for 11 or made. In the case of a project involving accelerated 12 maintenance or rehabilitation, grants shall be made by the 13 department only after receipt of satisfactory documentation 14 concerning the condition of the rail facilities involved 15 before and after the accelerated maintenance or 16 rehabilitation. Where the department contracts for a grant 17 based upon estimated costs, payments may be made thereunder 18 prior to the time costs are actually incurred, however, the 19 department shall adjust the payments under any agreement 20 before the end of the fiscal year involved, based upon the 21 most recent available actual data. 22 (4) No agreement shall impair, suspend, contract, 23 enlarge or extend or affect in any manner the powers of the 24 Pennsylvania Public Utility Commission, the Interstate 25 Commerce Commission or any other regulatory agency having 26 jurisdiction over rail freight transportation services, 27 systems and facilities. 28 (c) Loan authority.--The department is hereby authorized to 29 make loans of Federal funds to railroad companies, 30 transportation organizations or municipalities, in accordance 19830H0865B3115 - 11 -
1 with the requirements of any Federal law establishing a loan 2 program, for the rehabilitation and improvement of rail freight 3 transportation systems and facilities. 4 Section 7. Contracts; procurement and sale of property; 5 competition in award of contracts. 6 (a) Contractual authority.--The department shall have the <-- 7 (A) CONTRACTUAL AUTHORITY.-- <-- 8 (1) THE DEPARTMENT SHALL HAVE THE power and authority to 9 enter into contracts and to make joint contracts of purchase 10 with any railroad company, transportation organization or 11 municipality in any manner complying with the law applicable 12 to the entity. The department shall have power and authority 13 to make contracts for the improvement of any rights-of-way, 14 roadbeds or rolling stock, electrification systems, other 15 transportation systems, or any parts thereof, constituting a 16 project without advertisement for competitive bids, where 17 such work is to be done at cost by the personnel and with the 18 facilities of the railroad company, local transportation 19 organization or municipality on whose system the property is 20 to be used. Any other provision of law to the contrary <-- 21 notwithstanding, the department may sell under a system of 22 public competitive bidding, 23 (2) ANY OTHER PROVISION OF LAW TO THE CONTRARY <-- 24 NOTWITHSTANDING, THE DEPARTMENT MAY SELL, transfer, lease or 25 grant any license to, easement over or any other interest in 26 all, or any part of, the rail properties and other property 27 acquired under the provisions of this or any other rail- 28 related act to any responsible person, firm, corporation, 29 municipality or instrumentality thereof, municipal authority, 30 transportation authority, the Federal Government or any 19830H0865B3115 - 12 -
1 branch or agency thereof, for continued operation or other 2 use compatible with the operation of a railroad or any public 3 purpose, when approval for the continued operation or other 4 public purpose is granted by the Interstate Commerce 5 Commission of the United States, when such approval is 6 required. In the event the department THE SALE BY THE <-- 7 DEPARTMENT OF ANY RAIL PROPERTY OR OTHER PROPERTY ACQUIRED 8 UNDER THE PROVISIONS OF THIS OR ANY OTHER RAIL-RELATED ACT TO 9 ANY RESPONSIBLE PERSON, FIRM OR CORPORATION SHALL BE BY A 10 SYSTEM OF PUBLIC COMPETITIVE BIDDING. THE DEPARTMENT MAY <-- 11 EXERCISE THE AUTHORITY AND POWER GRANTED PURSUANT TO THIS 12 PARAGRAPH WITHOUT THE NECESSITY OF COMPETITIVE BIDDING. 13 (3) In the event the department determines that there is 14 no need for continued operation of a railroad on any rail 15 properties or other properties acquired under the provisions 16 of this or any other rail-related act, and that the 17 properties are not needed for any other public purpose, the 18 department may sell under a system of public competitive <-- 19 bidding, transfer, (UNDER A SYSTEM OF PUBLIC COMPETITIVE <-- 20 BIDDING), TRANSFER, lease or grant any license to, easement 21 over or any other interest in all or any part of the 22 properties to any responsible person, firm, corporation, 23 municipality or instrumentality thereof, municipal authority, 24 transportation or to the Federal Government or any branch or 25 agency thereof for any worthwhile purpose, as determined by 26 the department. At least 30 days prior to the sale of any <-- 27 property as authorized by this section, 28 (4) AT LEAST 30 DAYS PRIOR TO THE SALE OF ANY PROPERTY <-- 29 AS AUTHORIZED BY PARAGRAPH (2) OR (3), the department shall 30 provide written notice thereof to the chairmen of the 19830H0865B3115 - 13 -
1 Transportation Committees of the Senate and House of 2 Representatives. 3 (b) Competitive bids.--Except in the purchase of unique 4 articles, or articles which for any other reason cannot be 5 obtained in the open market, and except as herein specifically 6 provided, competitive bids shall be secured before any purchase 7 or sale, by contract, or otherwise, is made or before any 8 contract is awarded for construction, alterations, supplies, 9 equipment, repairs or maintenance or for rendering any services 10 to the department other than professional services; and the 11 purchase shall be made from or the contract shall be awarded to 12 the lowest responsible bidder; or a sale to the highest 13 responsible bidder. No purchase of any unique article or other 14 articles which cannot be obtained in the open market shall be 15 made without express approval of the secretary where the amount 16 involved is in excess of $5,000. 17 (c) Advertisement.--Except as herein specifically provided 18 otherwise, all purchases and sales in excess of $5,000 shall be 19 awarded after advertising in a newspaper of general circulation 20 in the area where the property is to be used not less than two 21 weeks prior to the bid opening. Bids shall be publicly opened 22 and read aloud at a date, time and place designated in the 23 invitation to bid. In all cases of purchases or sales in excess 24 of $5,000 authorized hereunder to be made without competitive 25 bidding except purchases from or sales to a transportation 26 organization or contracts with a transportation company under 27 subsection (a), invitations to bid shall be sent not less than 28 one week prior to the bid opening to at least three potential 29 bidders who are qualified technically and financially to submit 30 bids, or in lieu thereof a memorandum shall be kept on file 19830H0865B3115 - 14 -
1 showing that less than three potential bidders so qualified 2 exist in the market area within which it is practicable to 3 obtain bids. 4 (d) Negotiation of certain contracts.--Purchases or sales 5 under $5,000 may be negotiated with or without competitive 6 bidding under sound procurement procedures as promulgated and 7 established by the secretary. 8 (e) Waiver of competitive bid requirement.--Competitive 9 bidding requirements may be waived if it is determined in such 10 manner as the secretary may, by regulation, provide that an 11 emergency directly and immediately affecting customer service, 12 public health, safety or welfare requires immediate delivery of 13 supplies, materials, or equipment. A record of circumstances 14 explaining the emergency shall be submitted to the secretary and 15 kept on file. 16 (f) Departmental property.--Contracts for the sale or lease 17 of property owned by the department shall be awarded after 18 competitive bidding as shown in subsection (c), except where a 19 contract is entered into with any municipality or agency or 20 instrumentality of the Commonwealth, transportation 21 organization, railroad company or Federal agency. 22 (g) Restriction.--Requirements shall not be split into parts 23 for the purpose of avoiding the provisions of this section. 24 (h) Rejection of bids.--The department shall have the right 25 to reject any or all bids or parts of any or all bids, whenever, 26 in the opinion of the secretary, such rejection is necessary for 27 the protection of the interest of the Commonwealth. In every 28 case, a record shall be made, setting forth the reason for the 29 rejection which record shall thereafter be kept on file. 30 (i) Rules and regulations.--The secretary shall adopt rules 19830H0865B3115 - 15 -
1 and regulations to effectuate the provisions of this section. 2 (j) Assignments.--The secretary shall have the power to 3 accept the assignment from any railroad company, transportation 4 organization or municipality of all or any interest in any 5 lawfully made contract for the procurement and purchase of any 6 asset deemed necessary or desirable by the secretary in 7 connection with any project. 8 Section 8. Cooperation with other governments and private 9 interests. 10 (a) Cooperation.--The department is directed to administer 11 all projects under this act with such flexibility as to promote 12 and encourage full cooperation and financial participation of 13 Federal, State and local governments, agencies and 14 instrumentalities, as well as private interests, so as to result 15 in as effective and economical a program as possible. The 16 department shall respond to the requirements of any Federal rail 17 freight transportation legislation now existing or enacted into 18 law in the future, to the extent permitted under the laws of 19 this Commonwealth, in order to enhance rail freight 20 transportation services, systems and facilities within the 21 Commonwealth. 22 (b) Agreements.--The department is hereby authorized to 23 enter into agreements providing for mutual cooperation within it 24 and any Federal agency and any transportation organization, or 25 transportation company, or one or more of them, in any or all 26 projects, including joint applications for Federal grants. 27 (c) Purpose of act.--It is the purpose and intent of this 28 act to authorize the department to do any and all other things 29 necessary or desirable to secure the financial aid or 30 cooperation of any of the department's projects, and to do and 19830H0865B3115 - 16 -
1 perform all things which may be required by any statute of the 2 United States of America or by the lawful requirements of any 3 Federal agency authorized to administer any program of Federal 4 aid to transportation. 5 Section 9. Rules and regulations of department. 6 In order to effectuate and enforce the provisions of this 7 act, the department is authorized to promulgate necessary rules 8 and regulations and prescribe conditions and procedures in order 9 to assure compliance in carrying out the purposes for which 10 grants may be made hereunder. The rules and regulations shall 11 also provide for the observance of the relevant safety standards 12 of any regulatory body having jurisdiction to promulgate such 13 standards, but the department shall not be authorized hereby to 14 do anything or suffer or permit any action which will violate 15 any agreement with a transportation organization or company or 16 any Federal agency, or impair, suspend, contract, enlarge or 17 extend, or affect in any manner the powers of the Pennsylvania 18 Public Utility Commission, or of the Interstate Commerce 19 Commission, which by law are applicable to the railroad company, 20 transportation organization or municipality involved. 21 Section 10. Grants by transportation organizations or 22 municipalities. 23 Any transportation organization or municipality shall be and 24 is hereby authorized to make annual grants from current revenues 25 in order to participate in the rail freight transportation 26 projects and to enter into long-term agreements providing for 27 the payment of the same. 28 Section 11. Limitation on decisions; findings and regulations 29 made by the secretary. 30 All decisions, findings and regulations made by the secretary 19830H0865B3115 - 17 -
1 pursuant to this act shall be for the purpose of this act only 2 and shall not constitute evidence before any regulatory body of 3 this Commonwealth or any other jurisdiction. 4 SECTION 12. APPROPRIATION. <-- 5 THE SUM OF $500,000, OR AS MUCH THEREOF AS MAY BE NECESSARY, 6 IS HEREBY APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR 7 THE FISCAL YEAR JULY 1, 1983 TO JUNE 30, 1984 TO CARRY OUT THE 8 PROVISIONS OF THIS ACT. 9 Section 12 13 12. Repeals. <-- 10 Sections 6(a), 7(a) and 13 of the act of February 11, 1976 11 (P.L.14, No.10), known as the Pennsylvania Rural and Intercity 12 Common Carrier Surface Transportation Assistance Act, are 13 repealed. 14 Section 13 14 13. Effective date. <-- 15 This act shall take effect immediately. EXCEPT FOR THE <-- 16 PROVISIONS OF SECTION 7 WHICH SHALL TAKE EFFECT IMMEDIATELY, 17 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. C29L64DGS/19830H0865B3115 - 18 -