Connecticut General Statutes
Chapter 245 - Railroads and Railways
Section 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.
(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.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 13b - Transportation

Chapter 245 - Railroads and Railways

Section 13b-199. - Definitions.

Section 13b-200. (Formerly Sec. 16-51). - Examination of roads. Free passage. Entering premises at times of emergency.

Section 13b-200a. - State rail plan.

Section 13b-200b. - Planning for branch rail lines. Report.

Section 13b-201. (Formerly Sec. 16-52). - Road not to be opened without certificate.

Section 13b-202. (Formerly Sec. 16-53). - Recommendations.

Section 13b-203. (Formerly Sec. 16-54). - When officers may be enjoined.

Section 13b-204. (Formerly Sec. 16-55). - General duties as to railroads.

Section 13b-204a. - Crossings at grade. Attendance by commissioner at public hearing.

Section 13b-205. (Formerly Sec. 16-56). - Taking land in discontinued highways.

Section 13b-206 and 13b-207. (Formerly Secs. 16-57 and 16-58). - Contracts with connecting roads. Leases to be approved by stockholders.

Section 13b-208. (Formerly Sec. 16-59). - Record of conveyance or lease.

Section 13b-209 and 13b-210. (Formerly Secs. 16-59a and 16-60). - Elimination of passenger train service. Mutual facilities.

Section 13b-211. - Scheduling and connecting information.

Section 13b-212. (Formerly Sec. 16-61). - Regulating connections. Penalty.

Section 13b-212a. - Commissioner to develop contingency plan for disruption of rail passenger service on New Haven line. Commissioner to designate motor bus service as part of contingency plan. Report.

Section 13b-212b. - Connecticut Commuter Rail Council.

Section 13b-212c. - Powers and duties.

Section 13b-212d. - Agreement re voting representation for state on Metropolitan Transportation Authority, Metro-North Commuter Railroad. Reporting requirements.

Section 13b-212e. - Automated renewal of monthly student passes.

Section 13b-213. (Formerly Sec. 16-62). - Roads intersecting trunk line to have equal facilities.

Section 13b-214. (Formerly Sec. 16-63). - Aggrieved company may apply to Commissioner of Transportation.

Section 13b-215 to 13b-220. (Formerly Secs. 16-64 to 16-69). - Order as to connections; penalty. Facilities for connecting roads; penalty. Through routes or transportation. Condemnation of corporate stock. Stockholder may begin proceedings. Freight c...

Section 13b-221. (Formerly Sec. 16-70). - Deposit of snow or ice on state highways.

Section 13b-222. (Formerly Sec. 16-71). - Payment of fare not to be evaded.

Section 13b-223. (Formerly Sec. 16-73). - Recovery of forfeitures to state.

Section 13b-224. (Formerly Sec. 16-74). - General penalty.

Section 13b-225. (Formerly Sec. 16-75). - Record of acquisition, consolidation or merger of railroad or railway companies.

Section 13b-226. (Formerly Sec. 16-75a). - Declaration of policy.

Section 13b-227. (Formerly Sec. 16-75b). - Railroad preservation and improvement projects.

Section 13b-228. (Formerly Sec. 16-75c). - Tax exemption projects.

Section 13b-229. (Formerly Sec. 16-75d). - Modification of tax exemption projects.

Section 13b-230. (Formerly Sec. 16-75e). - Inspection for compliance.

Section 13b-231. (Formerly Sec. 16-75f). - Powers of Commissioner of Transportation.

Section 13b-232. (Formerly Sec. 16-75g). - Certification of eligibility.

Section 13b-233. (Formerly Sec. 16-75h). - Report of commissioner.

Section 13b-234. (Formerly Sec. 16-75i). - Rights and benefits of on-train employees on acquisition of railroad.

Section 13b-235. - Enforcement of statutory provisions and orders of commissioner.

Section 13b-236. - Bond issue for grants for commercial rail freight lines.

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