Sec. 308. Northeast Corridor Commission
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Section 24905(a) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by inserting , infrastructure investments, after rail operations ; by amending subparagraph
(B)to read as follows: members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration; ; and in subparagraph
(D)by inserting and commuter after freight ; and by amending paragraph
(6)to read as follows: The members of the Commission shall elect co-chairs consisting of 1 member described in paragraph (1)(B) and 1 member described in paragraph (1)(C). . Section 24905(b) is amended— in paragraph (1), by inserting and periodically update after develop ; in paragraph (2)(A), by striking beyond those specified in the state of good repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008 ; and by adding at the end the following: The Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives — any updates made to the statement of goals developed under paragraph
(1)not later than 60 days after such updates are made; and annual performance reports and recommendations for improvements, as appropriate, issued not later than March 31 of each year, for the prior fiscal year, which summarize— the operations and performance of commuter, intercity, and freight rail transportation along the Northeast Corridor; and the delivery of the capital plan described in section 24904. . Section 24905(c) is amended— in the subsection heading, by striking and inserting Access costs ; Allocation of costs in paragraph (1)— in the paragraph heading, by striking and inserting formula ; policy in the matter preceding subparagraph (A), by striking Within 2 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Commission and inserting The Commission ; in subparagraph (A), by striking formula and inserting policy ; and by striking subparagraph
(B)through
(D)and inserting the following: develop a proposed timetable for implementing the policy; submit the policy and timetable developed under subparagraph
(B)to the Surface Transportation Board, the Committee on Commerce, Science, and Transportation of the Senate , and the Committee on Transportation and Infrastructure of the House of Representatives ; not later than October 1, 2015, adopt and implement the policy in accordance with the timetable; and with the consent of a majority of its members, the Commission may petition the Surface Transportation Board to appoint a mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section. ; in paragraph (2)— by striking formula proposed in and inserting policy developed under ; and in the second sentence— by striking the timetable, the Commission shall petition the Surface Transportation Board to and inserting paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall ; and by striking amounts for such services in accordance with section 24904(c) of this title and inserting for such usage in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1)(A), as applicable ; in paragraph (3), by striking formula and inserting policy ; and by adding at the end the following: If a dispute arises with the implementation of, or compliance with, the policy developed under paragraph (1), the Commission, Amtrak, or public authorities providing commuter rail passenger transportation on the Northeast Corridor may request that the Surface Transportation Board conduct dispute resolution. The Surface Transportation Board shall establish procedures for resolution of disputes brought before it under this paragraph, which may include the provision of professional mediation services. . Section 24905 is amended— by striking subsection (d); by redesignating subsections
(e)and
(f)as subsections
(d)and (e), respectively; in subsection (d), as redesignated, by striking to the Commission such sums as may be necessary for the period encompassing fiscal years 2009 through 2013 to carry out this section and inserting to the Secretary for the use of the Commission and the Northeast Corridor Safety Committee such sums as may be necessary to carry out this section during fiscal year 2016 through 2019, in addition to amounts withheld under section 101(e) of the ; and Railroad Reform, Enhancement, and Efficiency Act in subsection (e)(2), as redesignated, by striking on the main line. and inserting on the main line and meet annually with the Commission on the topic of Northeast Corridor safety and security. . Chapter 249 is amended— by redesignating section 24904 as section 24903; and by inserting after section 24903, as redesignated, the following: Not later than May 1 of each year, the Northeast Corridor Commission established under section 24905 (referred to in this section as the Commission ) shall— develop a capital investment plan for the Northeast Corridor main line between Boston, Massachusetts, and the Virginia Avenue interlocking in the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines; and submit the capital investment plan to the Secretary of Transportation and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The capital investment plan shall— reflect coordination and network optimization across the entire Northeast Corridor; integrate the individual capital and service plans developed by each operator using the methods described in the cost allocation policy developed under section 24905(c); cover a period of 5 fiscal years, beginning with the first fiscal year after the date on which the plan is completed; notwithstanding section 24902(b), identify, prioritize, and phase the implementation of projects and programs to achieve the service outcomes identified in the Northeast Corridor service development plan and the asset condition needs identified in the Northeast Corridor asset management plans, once available, and consider— the benefits and costs of capital investments in the plan; project and program readiness; the operational impacts; and funding availability; categorize capital projects and programs as primarily associated with; normalized capital replacement and basic infrastructure renewals; replacement or rehabilitation of major Northeast Corridor infrastructure assets, including tunnels, bridges, stations, and other assets; statutory, regulatory, or other legal mandates; improvements to support service enhancements or growth; or strategic initiatives that will improve overall operational performance or lower costs; identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); describe the anticipated outcomes of each project or program, including an assessment of— the potential effect on passenger accessibility, operations, safety, reliability, and resiliency; the ability of infrastructure owners and operators to meet regulatory requirements if the project or program is not funded; and the benefits and costs; and include a financial plan. The financial plan under paragraph (2)(H) shall— identify funding sources and financing methods; identify the expected allocated shares of costs pursuant to/using the cost allocation policy developed under section 24905(c); identify the projects and programs that the Commission expects will receive Federal financial assistance; and identify the eligible entity or entities that the Commission expects will receive the Federal financial assistance described under subparagraph (C). If a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the account established under section 24319(b) for that fiscal year may be spent only on— capital projects described in clause
(i)or
(iii)of subsection (a)(2)(E) of this section; or capital projects described in subsection (a)(2)(E)(iv) of this section that are for the sole benefit of Amtrak. With regard to its infrastructure, Amtrak and each State and public transportation entity that owns infrastructure that supports or provides for intercity rail passenger transportation on the Northeast Corridor shall develop an asset management system and develop and update, as necessary, a Northeast Corridor asset management plan for each service territory described in subsection
(a)that— are consistent with the Federal Transit Administration process, as authorized under section 5326, when implemented; and include, at a minimum— an inventory of all capital assets owned by the developer of the asset management plan; an assessment of asset condition; a description of the resources and processes necessary to bring or maintain those assets in a state of good repair, including decision-support tools and investment prioritization methods; and a description of changes in asset condition since the previous version of the plan. Each entity described in paragraph
(1)shall transmit to the Commission— not later than 2 years after the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act , its Northeast Corridor asset management plan developed under paragraph (1); and at least biennial thereafter, an update to its Northeast Corridor asset management plan. Not less frequently than once every 10 years, the Commission shall update the Northeast Corridor service development plan. . Section 24907(a) is amended by striking section 24904 of this title and inserting section 24903 . The table of contents for chapter 249 is amended— by redesignating the item relating to section 24904 as relating to section 24903; and by inserting after the item relating to section 24903, as redesignated, the following: 24904. Northeast Corridor planning. . Section 211 of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ; 49 U.S.C. 24902 note) is repealed.
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- Pub. L. 110-432
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