Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 655 - Intercity rail passenger service program(a) The department may cooperate and contract with the National Railroad Passenger Corporation for any intercity rail passenger services deemed necessary, convenient or desirable by the secretary, within the amounts available by appropriation therefor, as such services are made available pursuant to the provisions of the Federal Rail Passenger Service Act of 1970 and any acts amendatory or supplemental thereto. Notwithstanding any inconsistent law, general, special or local, the secretary, as funds are made available for the purposes hereof, is hereby empowered to contract with such corporation and to do all other things necessary, convenient or desirable on behalf of the Commonwealth to secure the full benefits available under and pursuant to such act, and to contract and do all other things necessary as hereinafter provided on behalf of the Commonwealth to effect the intercity rail passenger service program which he determines is necessary, convenient or desirable. Such requirements shall include compliance with labor protection provisions of the National Railroad Passenger Act. (b) The department shall coordinate the intercity rail passenger activities of the Commonwealth and other interested public and private organizations and persons to effectuate the purposes of this section and shall have the responsibility for negotiating with the Federal Government with respect to intercity rail passenger service programs. The secretary is authorized to enter into joint service agreements between the Commonwealth and any railroad company; any other Commonwealth department or agency or instrumentality thereof; any Federal agency; any other state or agency or instrumentality thereof; relating to property, buildings, structures, facilities, services, rates, fares, classifications, dividends, allowances or charges (including charges between intercity rail passenger service facilities), or rules or regulations pertaining thereto, for or in connection with or incidental to transportation in whole or in part upon intercity rail passenger service facilities. Intercity rail passenger service facilities include the right-of-way and related trackage, rails, cars, locomotives, or other rolling stock, signal, power, fuel, communication and ventilation systems, power plants, stations, terminals, storage yards, repair and maintenance shops, yards, equipment and parts, offices and other real estate or personalty used or held for or incidental to the operation, rehabilitation or improvement of any railroad operating intercity rail passenger service or to operate such service, including but not limited to buildings, structures, and rail property.(c) With the approval of the Governor or his designee, the secretary may on such terms and conditions as he may determine necessary, convenient or desirable rehabilitate any such intercity rail passenger service facility or any related services and activities, or may provide for such by contract, lease or other arrangement on such terms as the secretary may deem necessary, convenient or desirable with any agency, corporation or person, including but not limited to any railroad company, any State agency, the Federal Government, any other state or agency or instrumentality thereof, any public authority of this or any other state, or any political subdivision or municipality of the State. As used in this subsection, rehabilitate may include renovation, improvement, extension, repair, or, where incidental and money-saving, construction of part of any such intercity rail passenger service facility or related services and activities.(d) The Commonwealth shall provide financial assistance to insure the continuation of: (1) rail passenger shuttle services between Reading-Norristown, between Bethlehem-Lansdale and between Pottsville-Reading; and(2) rail passenger service between Beaver Falls and Pittsburgh.(e) The following limitations shall apply to the provisions of subsection (d):(1) The railroad companies or other railroad operating agencies agree to provide the service.(2) Federal matching funds are provided.(3) These services achieve a minimum cost recovery (revenue/expense ratio) of 0.30 and the State subsidy per passenger trip does not exceed the comparable fare charged by alternate bus services.(4) For fiscal year 1981-1982, the department shall arrange to have services continued as presented above so long as a railroad passenger company or organization agrees to provide said services.(f) The rail passenger services pursuant to this section shall not require local government financial participation. However, if Federal matching funds become unavailable the department may require local financial participation to the extent deemed necessary by the department to justify continued operation of these services.1976, Feb. 11, P.L. 14, No. 10, §5, imd. effective. Amended 1981 , June 16, P.L. 92, No. 32, § 1, effective 7/1/1981.