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

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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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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.

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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

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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

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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

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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.

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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

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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.

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(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.