Chapter 161C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 7 the following section: --

Section 8.

It being in the public interest to utilize the surplus, discontinued rail assets of the Commonwealth  in ways that upgrade the in-state freight rail network, foster the safe  transport of goods and materials by in-state freight railroads, and preserve and enhance the strength of the Massachusetts economy, the Secretary of the department of transportation, notwithstanding the provisions of any general or special law or rule or regulation to the contrary,  is hereby authorized to offer and convey surplus rail and other track material, surplus rail-related equipment, such as signals, and surplus railroad bridge materials to the freight railroads operating on tracks to which they have rights located within the Commonwealth and to the freight railroads operating on in-state tracks owned by the Commonwealth.  Working in concert with the Massachusetts Railroad Association, the department shall design and implement a fair, reasonable and orderly system to distribute the surplus assets; further, the department shall have the authority to change that system, as needed, in order to improve it in any way consistent with the objectives of the re-use program. The assets may only be conveyed to a railroad which has demonstrated an impending need for the assets at a specific in-state location. The Secretary shall cause to be created and published periodically a list of surplus rail assets, which may be made available through the department, and/or from department projects and Massachusetts Bay Transportation Authority projects, to the above-described freight railroad companies operating within the Commonwealth.