§ 13b-237 — Procedure for disposal of surplus rail material.

(a)(1) The Commissioner of Transportation shall not, directly or indirectly, sell, transfer, salvage or otherwise dispose of any surplus rail material, including, but not limited to, rail sections having a maximum length of two hundred feet, ties, tie plates and other track material, without first offering such surplus rail material to freight railroad companies for upgrading state-owned rights-of-way. Such offer shall be in writing and shall be sent by first class mail or electronic mail. No later than thirty days after the date of such offer, a freight railroad company interested in acquiring such surplus material shall submit, in a manner prescribed by the commissioner, a notification of interest and a statement regarding the need and intended use of such surplus material. If more than one freight railroad company submits a notification of interest, the commissioner may select a freight railroad company based on the prior distribution of surplus rail material and the best intended use of such surplus rail material on state property as determined by the commissioner. The commissioner shall send a notification of selection to the selected freight railroad company by first class mail or electronic mail. (2) The commissioner shall offer remaining surplus rail material, if any, to freight railroad companies for upgrading other rail lines located within the state in the same manner as provided for in subdivision (1) of this subsection. (3) The commissioner shall make any surplus rail material available for inspection at a designated location within a rail yard or along a siding track in the state. (b) A freight railroad company that received a notice of selection shall accept delivery of the surplus rail material not later than thirty days after receipt of such notice. If the selected freight railroad company does not accept delivery within such thirty-day period, the commissioner may select another freight railroad company that submitted a notification of interest and statement pursuant to subsection (a) of this section or salvage or otherwise dispose of the surplus rail material. The selected freight railroad company shall (1) arrange for and pay the costs associated with the handling and delivery of the surplus rail material from a specific location within a rail yard or along a siding track in the state, (2) accept the surplus rail material in “as is” condition, (3) acknowledge that the commissioner assumes no responsibility for the quality or fitness of the surplus rail material, and (4) install the surplus rail material pursuant to the statement submitted to the commissioner in accordance with subsection (a) of this section unless otherwise approved in writing by the commissioner. The selected freight railroad company shall not salvage the surplus rail material and obtain reimbursement for the cost of the handling and delivery of the surplus rail material, but may salvage any material replaced by the surplus rail material to offset such costs. (c) The commissioner may enter into agreements with salvage companies for the salvage or disposal of surplus rail material that is not distributed to a freight railroad company pursuant to this section.

Legislative History

(Sept. Sp. Sess. P.A. 09-2, S. 66; P.A. 21-175, S. 18.) History: P.A. 21-175 designated existing provision as Subsec. (a)(1) and substantially amended same to add provisions re offer of surplus rail material, notification of interest, statement regarding need and intended use, and notification of selection, added Subsecs. (a)(2) and (a)(3) re offer of remaining surplus rail material and inspection at designated location in the state, and added Subsecs. (b) and (c) re acceptance of delivery of surplus rail material and agreements with salvage companies.