PRIOR PRINTER'S NO. 1563 PRINTER'S NO. 2113
No. 1095 Session of 2006
INTRODUCED BY STOUT AND MADIGAN, MARCH 16, 2006
SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER 3, 2006
AN ACT
1 Amending the act of July 5, 1984 (P.L.587, No.119), entitled "An
2 act empowering the Department of Transportation to preserve
3 and improve rail freight service in the Commonwealth by
4 making grants, loans or other assistance available to
5 qualified applicants; authorizing a comprehensive rail study;
6 making an appropriation; and making repeals," further
7 providing for definitions and for program authority.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "capital project" in section 3
11 of the act of July 5, 1984 (P.L.587, No.119), known as the Rail
12 Freight Preservation and Improvement Act, is amended and the
13 section is amended by adding a definition to read:
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Capital project." Acquisition of property, labor and
1 materials for equipping, furnishing, constructing, 2 reconstructing, rehabilitating or improving rail freight 3 transportation systems or facilities, but shall not include 4 accelerated maintenance. 5 * * * 6 "Railroad user." Any person, firm or corporation which is a 7 direct user or promoter of the development of any rail freight 8 transportation system, facility or service in this Commonwealth. 9 * * * 10 Section 2. Section 6(a) of the act is amended to read: 11 Section 6. Program authority. 12 (a) Authority.--The department is hereby authorized, within 13 the limitation herein provided to: 14 (1) Provide operating subsidy grants to railroad 15 companies, transportation organizations or municipalities to 16 defray, or assist in defraying, the net deficit incurred by 17 such entities in providing essential rail freight 18 transportation services within the Commonwealth. 19 (2) Provide grants to railroad companies, transportation 20 organizations, railroad users or municipalities to defray, or 21 assist in defraying, the cost of accelerated maintenance 22 projects performed on rail lines within the Commonwealth. 23 (3) Undertake capital projects and to provide and 24 administer capital project grants to railroad companies, 25 transportation organizations, railroad users or 26 municipalities. The department shall not operate or provide 27 directly rail freight transportation services on its own rail 28 lines or on lines owned by others, nor shall a capital 29 project be undertaken in order to enable the department to 30 provide directly rail freight transportation services. 20060S1095B2113 - 2 -
1 Notwithstanding the provisions of sections 302 and 303 of the 2 act of February 9, 1999 (P.L.1, No.1), known as the Capital 3 Facilities Debt Enabling Act. The, THE department is <-- 4 authorized to make grants for capital projects up to $250,000 5 without authorization or itemization in an approved capital 6 budget. 7 (4) Acquire by purchase, lease, eminent domain 8 proceedings, gift or otherwise, all and any property, in such 9 estate as determined by the secretary, for promoting the 10 purposes of this act, including the property of a public 11 utility. All municipalities and corporations are hereby 12 authorized to donate property to the department. Eminent 13 domain proceedings shall be in accordance with the act of 14 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent 15 Domain Code, and the department is empowered to join with any 16 municipality or transportation organization in obtaining any 17 property through the eminent domain proceedings. 18 (5) Undertake research, studies, analysis and planning, 19 to make grants to railroad companies, transportation 20 organizations and municipalities for research, studies 21 analysis and planning, relating to any phase of rail freight 22 transportation services, systems and facilities, including 23 the management, operation, capital requirements and economic 24 feasibility thereof, and any preparation of engineering and 25 architectural surveys, plans and specifications and other 26 similar activities preliminary to and in preparation for 27 construction, acquisition or improved operation of rail 28 freight transportation services, systems and facilities 29 within the Commonwealth. 30 (6) Undertake demonstration projects and to make grants 20060S1095B2113 - 3 -
1 to railroad companies, transportation organizations and 2 municipalities for demonstration projects, including the 3 development, testing and demonstration of new facilities, 4 equipment, techniques and methods of providing rail freight 5 transportation services, systems and facilities within the 6 Commonwealth. 7 (7) Undertake marketing activities and to make grants to 8 railroad companies, transportation organizations and 9 municipalities for marketing activities designed to foster 10 the fullest and most efficient utilization of rail freight 11 transportation services, systems and facilities within the 12 Commonwealth. Marketing activities may be undertaken by 13 contract with the department or by subcontract with a grantee 14 of the department, upon approval of the subcontract by the 15 secretary. 16 (8) Undertake audits of any project being financially 17 assisted by the department. The department may hire outside 18 auditors to perform such functions or may direct its grantees 19 to engage such auditors and include the expense thereof as an 20 eligible program cost. 21 * * * 22 Section 3. This act shall take effect in 60 days. I19L74BIL/20060S1095B2113 - 4 -