HR1002 95TH GENERAL ASSEMBLY

HR1002 LRB095 19792 LCT 46173 r

HOUSE RESOLUTION

WHEREAS, On October 30, 2007, the Canadian National Railway Company along with its wholly owned U.S. subsidiary, the Grand Trunk Corporation, filed an application with the U.S. Surface Transportation Board seeking approval to acquire the EJ & E West Company, a wholly owned subsidiary of the Elgin, Joliet, and Eastern Railway Company; and

WHEREAS, The acquisition of EJ & E is not a component of the Chicago Regional Environmental and Transportation Efficiency (CREATE) program, a public-private partnership between Chicago, the State of Illinois, the United States Government, and the nation's largest rail carriers; and

WHEREAS, CREATE will invest $1.5 billion in critically needed improvements to increase the efficiency of the region's rail infrastructure without rerouting massive train traffic through small towns, residential neighborhoods, and unimproved, at-grade grade crossings; and

WHEREAS, The proposed acquisition by Canadian National Railway Company (CN) would involve shifting a significant amount of train traffic that currently moves over CN rail lines in the City of Chicago to sections of the EJ & E rail lines west and south of the City of Chicago, including a segment that runs through the counties of Will, DuPage, Grundy, Kane, and Cook; and

WHEREAS, These counties are experiencing exceptional population growth, including Will County that is one of the fastest-growing counties in terms of population growth in the nation; and

WHEREAS, With this exceptional growth come concerns ranging from traffic congestion to emergency services to environmental safety; and

WHEREAS, On top of these existing concerns, with the proposed EJ & E merger some communities will experience freight train traffic every 35 minutes which will cause significant increases in congestion and safety concerns; and

WHEREAS, These communities have engaged in future public transportation upgrades that would address traffic congestion and environmental concerns; specifically the STAR Line, a commuter rail corridor providing rail passenger service around the outer circumference of the greater Chicago metropolitan region will need to utilize a portion of the EJ & E right-of-way; and

WHEREAS, The proposed acquisition could threaten implementation of the STAR Line; and

WHEREAS, The proposed acquisition plan, as outlined in the Draft Scope of the Environmental Impact Study, will not include space for the STAR Line right-of-way unless significant capitol improvements are planned, approved, and funded; and

WHEREAS, Some communities will experience over 500% increase of hazardous material routed through their municipalities causing environmental and public safety concerns; and

WHEREAS, The EJ & E line in question has a total of 133 public highway grade crossings, with only 104 being equipped with automatic flashing light signals and gates for safety; and

WHEREAS, The EJ & E currently has 7 public pedestrian-rail grade crossings that are not equipped with automatic safety devices; and

WHEREAS, The Illinois Commerce Commission has testified that they have no jurisdiction in the matter of the acquisition of EJ & E by CN and that the U.S. Surface Transportation Board has sole authority in regulating the proposed purchase of the EJ & E; and

WHEREAS, The Illinois Commerce Commission filed a "Notice of Intent to Participate" with the Surface Transpiration Board regarding the review of the Safety Integration Plan and the Environmental Impact Statement related to the acquisition of the EJ & E; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that with such high growth communities, road traffic, and rail traffic occurring in the same location it would be a disservice to the local governments effected to approve this acquisition without a long term planning as to what improvements must be made to alleviate the congestion and safety issues that will be the result; and be it further

RESOLVED, That a study should be conducted on traffic patterns including estimated traffic growth with a 20-year outlook to predict the average daily traffic, grade crossings, and the necessary upgrades that will be needed to safely operate the EJ & E Line as part of the CN system; and be it further

RESOLVED, That a study of the impacts, especially response delays, on all emergency service providers, not just hospitals, is included in the Socio-Economic and Land Use portion of the Environmental Impact Study; and be it further

RESOLVED, That the planned implementation of the STAR Line passenger service should be included in the approval of the acquisition of the EJ & E; and be it further

RESOLVED, The Illinois Commerce Commission should have a role in the decisions made by the Surface Transportation Board regarding the EJ & E purchase by CN; and be it further

RESOLVED, That we strongly urge the U.S. Surface Transportation Board take into account the severity of the increases in rail traffic in the affected communities and to make decisions regarding this acquisition that are will maximize the quality of life of the citizens within the counties of Will, DuPage, Grundy, Kane, and Cook; and be it further

RESOLVED, That we urge the Canadian National Railway Company to acknowledge that the train traffic increases that they are proposing will put a significant burden on the citizens of the counties of Will, DuPage, Grundy, Kane, and Cook, as well as local governments in all of these counties, and that a good faith effort to work with these communities in the coming months and years to alleviate these burden should be a priority; and be it further

RESOLVED, That a suitable copy of this resolution be presented to the Chairman of the Surface Transportation Board, the President of the Canadian National Railway Company, the Chairman of the Will County Board, the Chairman of the DuPage County Board, the Chairman of the Grundy County Board, the Chairman of the Kane County Board, the Chairman of the Cook County Board, the members of the Illinois Congressional delegation, the Administrator of the CREATE program, the Secretary of the Illinois Department of Transportation, the Chairman of the Illinois Commerce Commission, and the President and the Chairman of the Chicago Transit Authority.