Bill Text: IL SB3548 | 2013-2014 | 98th General Assembly | Engrossed


Bill Title: Amends the Elmwood Park Grade Separation Authority Act. Provides that the Northeast Illinois Regional Commuter Railroad Corporation (currently, the Canadian Pacific Railway Company) shall own and maintain the railway along the grade separation structure. Makes changes concerning the composition of the board. Eliminates provisions requiring the Canadian Pacific Railway to contribute toward certain costs. Defines a required term. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3548 Detail]

Download: Illinois-2013-SB3548-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Elmwood Park Grade Separation Authority Act
5is amended by changing Sections 5, 15, 20, 35, 50, and 100 as
6follows:
7 (70 ILCS 1935/5)
8 Sec. 5. Definitions. As used in this Act:
9 "Authority" means the Elmwood Park Grade Separation
10Authority.
11 "Person" includes an individual, partnership, firm, public
12or private corporation, and government or unit of government.
13 "Railroad" or "Railroads" means the Northeast Illinois
14Regional Commuter Railroad Corporation, created under
15subsection (a) of Section 2.20 of the Regional Transportation
16Authority Act, Canadian Pacific Railway and other railroads
17operating or owning trackage or right-of-way within the area of
18the Authority.
19 "Village" means the Village of Elmwood Park.
20(Source: P.A. 98-564, eff. 8-27-13.)
21 (70 ILCS 1935/15)
22 Sec. 15. Creation; duration; termination of the Authority.

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1There is created a body politic and corporate, a unit of local
2government, named the Elmwood Park Grade Separation Authority
3that embraces that portion of Leyden Township within the
4Village of Elmwood Park, Cook County, Illinois. The Authority
5shall continue in existence until the accomplishment of its
6objectives or until the Authority officials resolve that it is
7impossible or economically unfeasible to fulfill its
8objectives. Objectives of the Authority include the grade
9separation of railroad tracks from the right-of-way of Grand
10Avenue in the Village of Elmwood Park, the relocation of
11railroad tracks and roadway to facilitate the grade separation,
12and other necessary, related improvements to the right-of-way
13and at-grade crossing closure within the Village of Elmwood
14Park. The Authority shall be dissolved upon its voluntary
15termination or 6 months after the first use of the railway on
16the grade separation structure by a Railroad. Upon termination
17or dissolution of the Authority after the construction of the
18grade separation project, the Department of Transportation
19shall own and maintain the grade separation structure and the
20Northeast Illinois Regional Commuter Railroad Corporation
21Canadian Pacific Railway Company shall own and maintain the
22railway along the grade separation structure.
23(Source: P.A. 98-564, eff. 8-27-13.)
24 (70 ILCS 1935/20)
25 Sec. 20. Procedural capacity; seal; office. The Authority

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1may sue and be sued in its corporate name, but execution shall
2not in any case issue against any property of the Authority.
3The grade separation project Authority shall be subject to the
4jurisdiction of the Illinois Commerce Commission. It may adopt
5a common seal and change the seal at pleasure. The principal
6office of the Authority shall be in the Village of Elmwood
7Park, Illinois.
8 The Authority may enter into contracts for the performance
9of its objectives, including agreements with other State
10entities and departments, as well as provide for the letting of
11construction contracts, consultant service agreements,
12professional and trade services, and other agreements
13consistent with the purposes and objectives of the Authority
14established by this Act. The Authority may accept
15jurisdictional transfer of public right-of-way for purposes of
16eliminating at-grade street and railroad crossings.
17(Source: P.A. 98-564, eff. 8-27-13.)
18 (70 ILCS 1935/35)
19 Sec. 35. Acceptance of grants, loans, and appropriations.
20The Authority has the power to apply for and accept grants,
21loans, advances, and appropriations from the federal
22government and from the State of Illinois, or any agency or
23instrumentality thereof, to be used for the purposes of the
24Authority, and to enter into any agreement in relation to such
25grants, loans, advances, and appropriations. The Authority may

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1also accept from the State, or any State agency, department, or
2commission, any county or other political subdivision, any
3municipal corporation, any Railroads, school authorities, or
4jointly therefrom, grants of funds or services for any of the
5purposes of this Act. The Authority shall be treated as a rail
6carrier, with only the grade separation project being subject
7to the Illinois Commerce Commission's jurisdiction, and
8eligible to receive money from the Grade Crossing Protection
9Fund, any fund of the State, or other source available for
10purposes of promoting safety and separation of at-grade
11railroad crossings or highway improvements.
12 The Illinois Commerce Commission Crossing Safety
13Improvement Program FY 2014-2018 Plan shall be revised to
14include this Authority's grade separation project as one of the
15bridge projects contemplated for FY 2015 through FY 2018, and
16funds from the Grade Crossing Protection Fund shall be
17allocated in the FY 2015 through FY 2018 Plan for said grade
18separation project. No Order of the Illinois Commerce
19Commission shall be effective or binding on the Authority to
20construct the grade separation project unless the federal
21government, the State of Illinois, or any agency or
22instrumentality thereof has granted or appropriated sufficient
23funds for the construction of the grade separation project and
24the Authority is in receipt of those funds. Notwithstanding,
25the Illinois Commerce Commission shall not withhold approval of
26the construction of the Authority's grade separation project or

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1the issuance of any Orders that authorize the construction of
2the Authority's grade separation project.
3 Notwithstanding any provision of law to the contrary, the
4Illinois Commerce Commission's jurisdiction under this Act
5includes the authority to use funds from the Grade Crossing
6Protection Fund to reimburse the Elmwood Park Grade Separation
7Authority, in an amount not to exceed $12,000,000, for the
8construction of a grade separation to replace the existing
9Grand Avenue highway-rail grade crossing of tracks owned by the
10Northeast Illinois Regional Commuter Railroad Corporation,
11without regard to whether all or part of the crossing is within
12the jurisdiction of the Department of Transportation, the
13Regional Transportation Authority or any subdivision or unit
14thereof, or any other State agency or unit of local government.
15 The Elmwood Park Grade Separation Authority shall conduct a
16preliminary engineering study for the construction of a grade
17separation to replace the existing Grand Avenue highway-rail
18grade crossing, which shall result in the preparation of
19preliminary engineering plans and an estimate of cost. The
20Elmwood Park Grade Separation Authority shall also prepare a
21funding plan for the grade separation project. The Elmwood Park
22Grade Separation Authority shall submit a copy of the
23preliminary engineering study, estimate of cost, and funding
24plan for the construction of a grade separation to replace the
25existing Grand Avenue highway-rail grade crossing to the
26Illinois Commerce Commission for its review.

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1 Following receipt of the preliminary engineering study,
2estimate of cost, and funding plan for the Grand Avenue grade
3separation project, the Illinois Commerce Commission shall
4consider that project as one of the bridge projects included in
5the Illinois Commerce Commission's Crossing Safety Improvement
6Program during the earliest 5-year programming cycle, and funds
7from the Grade Crossing Protection Fund shall be programmed for
8that grade separation project.
9 No funds from the Grade Crossing Protection Fund programmed
10for the Grand Avenue grade separation project shall be provided
11unless authorized by the Illinois Commerce Commission. Funds
12from the Grade Crossing Protection Fund programmed for the
13Grand Avenue grade separation project may not exceed
14$12,000,000, and shall only be provided to the Elmwood Park
15Grade Separation Authority as reimbursement for expenses
16already incurred.
17(Source: P.A. 98-564, eff. 8-27-13.)
18 (70 ILCS 1935/50)
19 Sec. 50. Board; composition; qualification; compensation
20and expenses. The Authority shall be governed by a 7 9-member
21board consisting of members appointed by the Governor with the
22advice and consent of the Senate. Five members shall be voting
23members and 2 4 members shall be non-voting members. The voting
24members shall consist of the following:
25 (1) two former public officials who served within the

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1 Township of Leyden or the Village of Elmwood Park and are
2 recommended to the Governor by the Village President of the
3 Village of Elmwood Park;
4 (2) one current employee two prior employees of the
5 Northeast Illinois Regional Commuter Railroad Corporation
6 Canadian Pacific Railway with management experience; and
7 (3) one current employee of Canadian Pacific Railway;
8 and
9 (4) (3) one resident of the Township of Leyden or the
10 Village of Elmwood Park.
11 The non-voting members shall consist of the following:
12 (1) the Village President of the Village of Elmwood
13 Park; and
14 (2) one current employee of Canadian Pacific Railway
15 with management experience;
16 (3) one current employee of Northeast Illinois
17 Regional Commuter Railroad Corporation with management
18 experience; and
19 (2) (4) one current employee of the Department of
20 Transportation with management experience.
21 The members of the board shall serve without compensation,
22but may be reimbursed for actual expenses incurred by them in
23the performance of their duties prescribed by the Authority.
24However, any member of the board who serves as secretary or
25treasurer may receive compensation for services as that
26officer.

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1(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
2 (70 ILCS 1935/100)
3 Sec. 100. Construction. Nothing in this Act shall be
4construed to confer upon the Authority the right, power, or
5duty to order or enforce the abandonment of any present
6property of the railroads or the use in substitution therefor
7of any property acquired for the railroads in the absence of a
8contract duly executed by the railroads and the Authority
9setting forth the terms and conditions upon which relocation of
10the right-of-way and physical facilities of the railroads is to
11be accomplished. No such contract shall be or become
12enforceable until the provisions of the contract have been
13approved or authorized by the Illinois Commerce Commission.
14 Any construction improvements to signaling or any other
15aspect of the grade separation project dictated by the Railroad
16or the Northeast Illinois Regional Commuter Railroad
17Corporation shall be paid for respectively by the Railroad or
18the Northeast Illinois Regional Commuter Railroad Corporation.
19 The Railroad or the Northeast Illinois Regional Commuter
20Railroad Corporation, or both, shall specifically pay any and
21all costs associated with any upgrades to the railway.
22(Source: P.A. 98-564, eff. 8-27-13.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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