Procedure for disposal of surplus rail material.

(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.