Authorizes the mass transportation authority, when it cannot reach agreement with the rail carrier, to apply to the Board for an order requiring the carrier to: (1) establish terms for operation of additional trains the authority requests; (2) provide increased or improved maintenance or related capital work on trackage to maintain reliable service at speeds necessary to provide convenient and efficient mass transportation; (3) allow accelerated speeds and related capital work required to permit operation at accelerated speeds; and (4) convey an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to the authority.
Revises rail transportation policy to declare it is U.S. policy to encourage and promote the operation of safe, efficient, and reliable commuter rail passenger service and other fixed guideway transportation systems, including operations where the service will share lines, corridors, or other facilities with freight railroads or with intercity rail passenger service.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2654 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2654
To designate the Surface Transportation Board as a forum to improve
passenger rail and other fixed guideway passenger transportation by
allowing improved access to freight track and rights-of-way for fixed
guideway transportation in consideration for just and reasonable
compensation to freight railroads.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2001
Mr. Clement (for himself, Ms. Kaptur, Mr. Blumenauer, Mrs. Tauscher,
Mr. Mica, and Mr. Honda) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To designate the Surface Transportation Board as a forum to improve
passenger rail and other fixed guideway passenger transportation by
allowing improved access to freight track and rights-of-way for fixed
guideway transportation in consideration for just and reasonable
compensation to freight railroads.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit Rail Accommodation
Improvement and Needs Act for the 21st Century''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) modern and efficient fixed guideway transportation is
important to the viability and well-being of metropolitan areas
and to the energy conservation and self-sufficiency goals of
the United States;
(2) public convenience and necessity require the
development of fixed guideway transportation systems in
metropolitan areas presently without such service, and the
expansion of existing systems in metropolitan areas already
receiving such service;
(3) use of existing railroad trackage and rights-of-way in
and around metropolitan areas provides a unique and valuable
opportunity for the development and expansion of fixed guideway
transportation facilities with a minimum of disruption to the
environment and the surrounding community; and
(4) voluntary negotiations between mass transportation
authorities and rail carriers regarding shared use of existing
railroad trackage and rights-of-way have not been adequate to
ensure the development of sound and efficient fixed guideway
transportation systems.
SEC. 3. RAIL TRANSIT ACCESS.
(a) Amendment.--Part E of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 285--RAIL TRANSIT ACCESS
``Sec.
``28501. Definitions.
``28502. Shared use of rail carrier trackage by mass transportation
authorities.
``28503. Shared use of rail rights-of-way by mass transportation
authorities.
``28504. Applicability of other laws.
``28505. Standards for Board action.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as a
capital item rather than an expense;
``(3) the term `fixed guideway transportation' means mass
transportation (as defined in section 5302(a)(7)) provided on,
by, or using a fixed guideway (as defined in section
5302(a)(4));
``(4) the term `mass transportation authority' means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, fixed
guideway transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad right-
of-way of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Shared use of rail carrier trackage by mass
transportation authorities
``(a) Authority.--If, after negotiation, a mass transportation
authority cannot reach agreement with a rail carrier to use trackage
of, and have related services provided by, the rail carrier for
purposes of fixed guideway transportation, the Board shall, upon
application of the mass transportation authority or the rail carrier,
and if the Board finds it necessary or useful to carry out this
chapter--
``(1) order that the trackage be made available and the
related services be provided to the mass transportation
authority; and
``(2) prescribe reasonable terms and compensation for use
of the trackage and provision of the related services,
including the performance of capital work if the mass
transportation authority has demonstrated that such capital
work is required for efficient and reliable passenger
operations on the trackage to be used.
``(b) Standard for Compensation; Quality of Service.--When
prescribing reasonable compensation under subsection (a)(2), the Board
shall consider alternative cost allocation principles, including
incremental cost and fully allocated cost, under rules promulgated by
the Board within 6 months after the date of the enactment of the
Transit Rail Accommodation Improvement and Needs Act for the 21st
Century. The Board shall consider quality of service by the rail
carrier as a major factor when determining compensation for the use of
the trackage and providing the related services.
``(c) Terms of Operation.--When prescribing reasonable terms under
subsection (a)(2), the Board may prescribe the number of trains that
may be operated by or for the mass transportation authority, the speeds
at which such trains may be operated, and the trackage maintenance
levels to be provided by the rail carrier.
``(d) Additional Trains.--When a rail carrier and a mass
transportation authority cannot agree to terms for the operation of
additional trains by or for a mass transportation authority over a rail
line of the carrier, the mass transportation authority or the rail
carrier may apply to the Board for an order establishing such terms. If
the Board finds it reasonable to carry out this chapter, the Board
shall order the rail carrier to allow operation of the requested
additional trains on such terms as the Board finds reasonable under the
circumstances.
``(e) Trackage Maintenance.--If a mass transportation authority
believes that maintenance or related capital work of trackage operated
by or for the mass transportation authority has fallen below a
necessary level to maintain reliable service at speeds necessary to
provide convenient and efficient mass transportation service, the mass
transportation authority may, after notice to the rail carrier and a
sufficient period for maintenance or related capital work improvements,
apply to the Board for an order requiring the rail carrier to provide
increased or improved maintenance or related capital work on the
trackage. If the Board finds it reasonable to carry out this part, the
Board shall order the rail carrier to provide such increased or
improved maintenance or related capital work as the Board finds
reasonable under the circumstances. The remedy available under this
subsection shall be in addition to any contract rights that a mass
transportation authority may possess with respect to trackage
maintenance or related capital work.
``(f) Accelerated Speeds.--If a rail carrier refuses to allow
accelerated speeds for trains operated by or for a mass transportation
authority, the mass transportation authority may apply to the Board for
an order requiring the rail carrier to allow the accelerated speeds and
related capital work required to permit operation at the accelerated
speeds. The Board shall decide whether accelerated speeds are
practicable and which capital work would be required to make
accelerated speeds practicable. The Board shall establish the maximum
allowable speeds for trains operated by or for a mass transportation
authority on terms the Board decides are reasonable.
``(g) Preference Over Freight Transportation.--Except in an
emergency, fixed guideway transportation provided by or for a mass
transportation authority pursuant to an order issued under subsection
(a) has preference over freight transportation in using a rail line,
junction, or crossing unless the Board orders otherwise under this
chapter. A rail carrier affected by this subsection may apply to the
Board for relief. If the Board decides that preference for fixed
guideway transportation materially will lessen the quality of freight
transportation provided to shippers, the Board shall establish the
rights of the rail carrier and the mass transportation authority on
reasonable terms.
``(h) Final Determination.--The Board shall make a determination
under this section not later than 120 days after a mass transportation
authority or a rail carrier submits an application to the Board.
``Sec. 28503. Shared use of rail rights-of-way by mass transportation
authorities
``(a) General Authority.--If, after negotiation, a mass
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility, the mass
transportation authority may apply to the Board for an order requiring
the rail carrier to convey an interest to the authority. The Board, not
later than 120 days after receiving the application, shall order the
interest conveyed if--
``(1) the mass transportation authority assumes a
reasonable allocation of costs associated with any necessary
relocation of a rail carrier's trackage within the right-of-way; and
``(2) the fixed guideway transportation purpose of the
proposed segregated fixed guideway facility cannot be met
adequately at a reasonable cost by acquiring an interest in
other property.
``(b) Compensation and Terms.--A conveyance ordered by the Board
under this section shall be subject to the payment of just compensation
and to such other reasonable terms as the Board may prescribe.
``Sec. 28504. Applicability of other laws
``(a) Board Review or Approval.--Operations or conveyances
undertaken pursuant to an order issued under section 28502 or 28503 are
not subject to Board review or approval under subtitle IV of this title
unless the Board, on a case-by-case basis, has determined that the mass
transportation authority has assumed rights or obligations under such
order to provide transportation subject to the jurisdiction of the
Board under chapter 105.
``(b) Contractual Obligations for Claims.--Nothing in this chapter
shall be construed to limit a rail transportation provider's right
under section 28103(b) to enter into contracts that allocate financial
responsibility for claims.
``Sec. 28505. Standards for Board action
``In proceedings under sections 28502 and 28503 the Board shall
utilize, to the extent relevant and feasible, the principles,
standards, and precedents utilized in proceedings under sections 24308
and 24311(c) involving the National Railroad Passenger Corporation.''.
(b) Conforming Amendments.--
(1) Limitations on rail passenger transportation
liability.--Section 28103(a) of title 49, United States Code,
is amended by inserting ``or other fixed guideway
transportation'' after ``commuter''.
(2) Table of chapters.--The table of chapters of subtitle V
of title 49, United States Code, is amended by adding after the
item relating to chapter 283 the following new item:
``285. RAIL TRANSIT ACCESS.................................. 28501''.
SEC. 4. RAIL TRANSPORTATION POLICY.
Section 10101 of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) to encourage and promote the operation of safe,
efficient, and reliable commuter rail passenger service and
other fixed guideway transportation systems, including
operations where the service will share lines, corridors, or
other facilities with freight railroads or with intercity rail
passenger service.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads.
Referred to the Subcommittee on Highways and Transit.
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