SB3548sam001 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/4/2014

09800SB3548sam001 LRB098 19727 JLK 57730 a

AMENDMENT TO SENATE BILL 3548

AMENDMENT NO. ______. Amend Senate Bill 3548 by replacing everything after the enacting clause with the following:

"Section 5. The Elmwood Park Grade Separation Authority Act is amended by changing Sections 5, 15, 20, 35, 50, and 100 as follows:

(70 ILCS 1935/5)

Sec. 5. Definitions. As used in this Act:

"Authority" means the Elmwood Park Grade Separation Authority.

"Person" includes an individual, partnership, firm, public or private corporation, and government or unit of government.

"Railroad" or "Railroads" means the Northeast Illinois Regional Commuter Railroad Corporation, created under subsection (a) of Section 2.20 of the Regional Transportation Authority Act, Canadian Pacific Railway and other railroads operating or owning trackage or right-of-way within the area of the Authority.

"Village" means the Village of Elmwood Park.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/15)

Sec. 15. Creation; duration; termination of the Authority.

There is created a body politic and corporate, a unit of local government, named the Elmwood Park Grade Separation Authority that embraces that portion of Leyden Township within the Village of Elmwood Park, Cook County, Illinois. The Authority shall continue in existence until the accomplishment of its objectives or until the Authority officials resolve that it is impossible or economically unfeasible to fulfill its objectives. Objectives of the Authority include the grade separation of railroad tracks from the right-of-way of Grand Avenue in the Village of Elmwood Park, the relocation of railroad tracks and roadway to facilitate the grade separation, and other necessary, related improvements to the right-of-way and at-grade crossing closure within the Village of Elmwood Park. The Authority shall be dissolved upon its voluntary termination or 6 months after the first use of the railway on the grade separation structure by a Railroad. Upon termination or dissolution of the Authority after the construction of the grade separation project, the Department of Transportation shall own and maintain the grade separation structure and the Northeast Illinois Regional Commuter Railroad Corporation Canadian Pacific Railway Company shall own and maintain the railway along the grade separation structure.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/20)

Sec. 20. Procedural capacity; seal; office. The Authority may sue and be sued in its corporate name, but execution shall not in any case issue against any property of the Authority. The grade separation project Authority shall be subject to the jurisdiction of the Illinois Commerce Commission. It may adopt a common seal and change the seal at pleasure. The principal office of the Authority shall be in the Village of Elmwood Park, Illinois.

The Authority may enter into contracts for the performance of its objectives, including agreements with other State entities and departments, as well as provide for the letting of construction contracts, consultant service agreements, professional and trade services, and other agreements consistent with the purposes and objectives of the Authority established by this Act. The Authority may accept jurisdictional transfer of public right-of-way for purposes of eliminating at-grade street and railroad crossings.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/35)

Sec. 35. Acceptance of grants, loans, and appropriations.

The Authority has the power to apply for and accept grants, loans, advances, and appropriations from the federal government and from the State of Illinois, or any agency or instrumentality thereof, to be used for the purposes of the Authority, and to enter into any agreement in relation to such grants, loans, advances, and appropriations. The Authority may also accept from the State, or any State agency, department, or commission, any county or other political subdivision, any municipal corporation, any Railroads, school authorities, or jointly therefrom, grants of funds or services for any of the purposes of this Act. The Authority shall be treated as a rail carrier, with only the grade separation project being subject to the Illinois Commerce Commission's jurisdiction, and eligible to receive money from the Grade Crossing Protection Fund, any fund of the State, or other source available for purposes of promoting safety and separation of at-grade railroad crossings or highway improvements.

The Illinois Commerce Commission Crossing Safety Improvement Program FY 2014-2018 Plan shall be revised to include this Authority's grade separation project as one of the bridge projects contemplated for FY 2015 through FY 2018, and funds from the Grade Crossing Protection Fund shall be allocated in the FY 2015 through FY 2018 Plan for said grade separation project. No Order of the Illinois Commerce Commission shall be effective or binding on the Authority to construct the grade separation project unless the federal government, the State of Illinois, or any agency or instrumentality thereof has granted or appropriated sufficient funds for the construction of the grade separation project and the Authority is in receipt of those funds. Notwithstanding, the Illinois Commerce Commission shall not withhold approval of the construction of the Authority's grade separation project or the issuance of any Orders that authorize the construction of the Authority's grade separation project.

Notwithstanding any provision of law to the contrary, the Illinois Commerce Commission's jurisdiction under this Act includes the authority to use funds from the Grade Crossing Protection Fund to reimburse the Elmwood Park Grade Separation Authority, in an amount not to exceed $12,000,000, for the construction of a grade separation to replace the existing Grand Avenue highway-rail grade crossing of tracks owned by the Northeast Illinois Regional Commuter Railroad Corporation, without regard to whether all or part of the crossing is within the jurisdiction of the Department of Transportation, the Regional Transportation Authority or any subdivision or unit thereof, or any other State agency or unit of local government.

The Elmwood Park Grade Separation Authority shall conduct a preliminary engineering study for the construction of a grade separation to replace the existing Grand Avenue highway-rail grade crossing, which shall result in the preparation of preliminary engineering plans and an estimate of cost. The Elmwood Park Grade Separation Authority shall also prepare a funding plan for the grade separation project. The Elmwood Park Grade Separation Authority shall submit a copy of the preliminary engineering study, estimate of cost, and funding plan for the construction of a grade separation to replace the existing Grand Avenue highway-rail grade crossing to the Illinois Commerce Commission for its review.

Following receipt of the preliminary engineering study, estimate of cost, and funding plan for the Grand Avenue grade separation project, the Illinois Commerce Commission shall consider that project as one of the bridge projects included in the Illinois Commerce Commission's Crossing Safety Improvement Program during the earliest 5-year programming cycle, and funds from the Grade Crossing Protection Fund shall be programmed for that grade separation project.

No funds from the Grade Crossing Protection Fund programmed for the Grand Avenue grade separation project shall be provided unless authorized by the Illinois Commerce Commission. Funds from the Grade Crossing Protection Fund programmed for the Grand Avenue grade separation project may not exceed $12,000,000, and shall only be provided to the Elmwood Park Grade Separation Authority as reimbursement for expenses already incurred.

(Source: P.A. 98-564, eff. 8-27-13.)

(70 ILCS 1935/50)

Sec. 50. Board; composition; qualification; compensation and expenses. The Authority shall be governed by a 7 9-member board consisting of members appointed by the Governor with the advice and consent of the Senate. Five members shall be voting members and 2 4 members shall be non-voting members. The voting members shall consist of the following:

(1) two former public officials who served within the Township of Leyden or the Village of Elmwood Park and are recommended to the Governor by the Village President of the Village of Elmwood Park;

(2) one current employee two prior employees of the Northeast Illinois Regional Commuter Railroad Corporation Canadian Pacific Railway with management experience; and

(3) one current employee of Canadian Pacific Railway; and

(4) (3) one resident of the Township of Leyden or the Village of Elmwood Park.

The non-voting members shall consist of the following:

(1) the Village President of the Village of Elmwood Park; and

(2) one current employee of Canadian Pacific Railway with management experience;

(3) one current employee of Northeast Illinois Regional Commuter Railroad Corporation with management experience; and

(2) (4) one current employee of the Department of Transportation with management experience.

The members of the board shall serve without compensation, but may be reimbursed for actual expenses incurred by them in the performance of their duties prescribed by the Authority. However, any member of the board who serves as secretary or treasurer may receive compensation for services as that officer.

(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)

(70 ILCS 1935/100)

Sec. 100. Construction. Nothing in this Act shall be construed to confer upon the Authority the right, power, or duty to order or enforce the abandonment of any present property of the railroads or the use in substitution therefor of any property acquired for the railroads in the absence of a contract duly executed by the railroads and the Authority setting forth the terms and conditions upon which relocation of the right-of-way and physical facilities of the railroads is to be accomplished. No such contract shall be or become enforceable until the provisions of the contract have been approved or authorized by the Illinois Commerce Commission.

Any construction improvements to signaling or any other aspect of the grade separation project dictated by the Railroad or the Northeast Illinois Regional Commuter Railroad Corporation shall be paid for respectively by the Railroad or the Northeast Illinois Regional Commuter Railroad Corporation.

The Railroad or the Northeast Illinois Regional Commuter Railroad Corporation, or both, shall specifically pay any and all costs associated with any upgrades to the railway.

(Source: P.A. 98-564, eff. 8-27-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".