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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LONGIETTI, CALTAGIRONE, COHEN, D. COSTA, DALEY, DONATUCCI, GIBBONS, JOSEPHS, KULA, MURT, PETRARCA, SANTONI AND WAGNER, MARCH 17, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 17, 2011 |
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| AN ACT |
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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 the Rail Freight Advisory Committee. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 4 of the act of July 5, 1984 (P.L.587, |
11 | No.119), known as the Rail Freight Preservation and Improvement |
12 | Act, amended December 21, 1988 (P.L.1898, No.188), is amended to |
13 | read: |
14 | Section 4. Rail Freight Advisory Committee. |
15 | (a) Creation.--There is hereby created a Rail Freight |
16 | Advisory Committee, which shall consist of [24] 29 members. The |
17 | members shall be as follows: |
18 | (1) The Secretary of Transportation, ex officio. |
19 | (2) The Secretary of Commerce, ex officio. |
20 | (3) The Chairman of the Pennsylvania Public Utility |
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1 | Commission, ex officio. |
2 | (4) The Chairman and Minority Chairman of the Senate |
3 | Transportation Committee. |
4 | (5) The Chairman and Minority Chairman of the |
5 | Transportation Committee of the House of Representatives. |
6 | (6) [Seventeen] Twenty-two members of the public |
7 | representing the areas of concern specified who shall have |
8 | extensive experience and knowledge of rail freight |
9 | transportation activities throughout the Commonwealth to be |
10 | appointed by the Governor as follows: |
11 | (i) Two representatives of Class I railroad |
12 | companies. |
13 | (ii) Three representatives of regional |
14 | railroad/short line operation. |
15 | (iii) Six representative rail shippers, each to |
16 | represent one of the following areas: |
17 | (A) Coal. |
18 | (B) Steel. |
19 | (C) Lumber. |
20 | (D) Intermodal. |
21 | (E) Chemical. |
22 | (F) Food products/agriculture. |
23 | (iv) Four representatives of organized labor, each |
24 | to represent one of the following areas: |
25 | (A) Coal labor. |
26 | (B) Steel labor. |
27 | (C) Intermodal labor. |
28 | (D) Railway labor. |
29 | [(iv)] (v) One representative from the Pennsylvania |
30 | Chamber of Commerce. |
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1 | (vi) One representative from the Pennsylvania AFL- |
2 | CIO. |
3 | [(v)] (vii) Two representatives of regional/local |
4 | economic development groups. |
5 | [(vi)] (viii) Two representatives of regional/local |
6 | planning commissions. |
7 | [(vii)] (ix) One representative of rail contractors/ |
8 | suppliers. |
9 | Each member may designate a representative to serve in his or |
10 | her stead. A member who designates a representative shall notify |
11 | the chairman, in writing, of the designation. |
12 | (b) Appointment of Public Labor Representatives.--The |
13 | members appointed under subsection (a)(6)(iv) and (vi) shall be |
14 | selected from a list containing three nominees submitted to the |
15 | Governor by the highest ranking official within the Pennsylvania |
16 | AFL-CIO. |
17 | [(b)] (c) Terms of appointees.--The term of all members of |
18 | the committee appointed by the Governor shall be for three |
19 | years, however, the initial terms of these members shall be as |
20 | follows: |
21 | (1) One year for the representative of a Class I |
22 | railroad. |
23 | (2) Two years for the representative of a Class III |
24 | railroad. |
25 | (3) Three years for the representative of a railroad |
26 | shipper. |
27 | Any member of the committee may be reappointed for an additional |
28 | term or terms. Any person appointed to fill a vacancy shall |
29 | serve only for the unexpired term. |
30 | [(c)] (d) Meetings and expenses.--The committee shall meet |
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1 | at least four times every 12 months, but may hold such |
2 | additional meetings as are called by the chairman or by petition |
3 | of at least seven committee members. The public members of the |
4 | committee shall be allowed per diem expenses, to be set by the |
5 | committee, but not to exceed $75. The department shall provide |
6 | appropriate staff support to enable the committee to properly |
7 | carry out its functions. |
8 | [(d)] (e) Powers and duties.--The power and duty of the |
9 | committee shall be to advise and comment on the comprehensive |
10 | rail freight study, to advise and comment on all phases of the |
11 | rail freight transportation program activities being undertaken |
12 | or financially assisted by the department, and to propose |
13 | methods, strategies or technologies for improving rail freight |
14 | transportation services systems or facilities within the |
15 | Commonwealth. The committee shall periodically submit reports of |
16 | its deliberations and conclusions to the Governor, members of |
17 | the General Assembly and the State Transportation Commission. |
18 | The committee and its statutory functions and duties shall |
19 | terminate and go out of existence on December 31, 1993, unless |
20 | reestablished or continued by the General Assembly. Evaluation |
21 | and review, termination, reestablishment and continuation of the |
22 | agency shall be conducted pursuant to the provisions of the act |
23 | of December 22, 1981 (P.L.508, No.142), known as the Sunset Act. |
24 | [(e)] (f) Chairperson.--The members of the committee shall |
25 | annually elect a chairperson, a vice chairperson and a secretary |
26 | from among the public members appointed to the committee. |
27 | Section 2. This act shall take effect in 60 days. |
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