SB1314 Engrossed LRB099 08663 AWJ 28828 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Elmwood Park Grade Separation Authority Act
5		is amended by changing Sections 5, 15, 20, 35, 50, and 100 as
6		follows:
7		(70 ILCS 1935/5)
8		Sec. 5. Definitions. As used in this Act:
9		"Authority" means the Elmwood Park Grade Separation
10		Authority.
11		"Person" includes an individual, partnership, firm, public
12		or private corporation, and government or unit of government.
13		"Railroad" or "Railroads" means the Northeast Illinois
14		Regional Commuter Railroad Corporation, created under
15		subsection (a) of Section 2.20 of the Regional Transportation
16		Authority Act, Canadian Pacific Railway and other railroads
17		operating or owning trackage or right-of-way within the area of
18		the 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.

SB1314 Engrossed - 2 - LRB099 08663 AWJ 28828 b
1		There is created a body politic and corporate, a unit of local
2		government, named the Elmwood Park Grade Separation Authority
3		that embraces that portion of Leyden Township within the
4		Village of Elmwood Park, Cook County, Illinois. The Authority
5		shall continue in existence until the accomplishment of its
6		objectives or until the Authority officials resolve that it is
7		impossible or economically unfeasible to fulfill its
8		objectives. Objectives of the Authority include the grade
9		separation of railroad tracks from the right-of-way of Grand
10		Avenue in the Village of Elmwood Park, the relocation of
11		railroad tracks and roadway to facilitate the grade separation,
12		and other necessary, related improvements to the right-of-way
13		and at-grade crossing closure within the Village of Elmwood
14		Park. The Authority shall be dissolved upon its voluntary
15		termination or 6 months after the first use of the railway on
16		the grade separation structure by a Railroad. Upon termination
17		or dissolution of the Authority after the construction of the
18		grade separation project, the Department of Transportation
19		shall own and maintain the grade separation structure and the
20		Northeast Illinois Regional Commuter Railroad Corporation
21		Canadian Pacific Railway Company shall own and maintain the
22		railway 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

SB1314 Engrossed - 3 - LRB099 08663 AWJ 28828 b
1		may sue and be sued in its corporate name, but execution shall
2		not in any case issue against any property of the Authority.
3		The grade separation project Authority shall be subject to the
4		jurisdiction of the Illinois Commerce Commission. It may adopt
5		a common seal and change the seal at pleasure. The principal
6		office of the Authority shall be in the Village of Elmwood
7		Park, Illinois.
8		The Authority may enter into contracts for the performance
9		of its objectives, including agreements with other State
10		entities and departments, as well as provide for the letting of
11		construction contracts, consultant service agreements,
12		professional and trade services, and other agreements
13		consistent with the purposes and objectives of the Authority
14		established by this Act. The Authority may accept
15		jurisdictional transfer of public right-of-way for purposes of
16		eliminating 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.
20		The Authority has the power to apply for and accept grants,
21		loans, advances, and appropriations from the federal
22		government and from the State of Illinois, or any agency or
23		instrumentality thereof, to be used for the purposes of the
24		Authority, and to enter into any agreement in relation to such
25		grants, loans, advances, and appropriations. The Authority may

SB1314 Engrossed - 4 - LRB099 08663 AWJ 28828 b
1		also accept from the State, or any State agency, department, or
2		commission, any county or other political subdivision, any
3		municipal corporation, any Railroads, school authorities, or
4		jointly therefrom, grants of funds or services for any of the
5		purposes of this Act. The Authority shall be treated as a rail
6		carrier, with only the grade separation project being subject
7		to the Illinois Commerce Commission's jurisdiction, and
8		eligible to receive money from the Grade Crossing Protection
9		Fund, any fund of the State, or other source available for
10		purposes of promoting safety and separation of at-grade
11		railroad crossings or highway improvements.
12		The Illinois Commerce Commission Crossing Safety
13		Improvement Program FY 2014-2018 Plan shall be revised to
14		include this Authority's grade separation project as one of the
15		bridge projects contemplated for FY 2015 through FY 2018, and
16		funds from the Grade Crossing Protection Fund shall be
17		allocated in the FY 2015 through FY 2018 Plan for said grade
18		separation project. No Order of the Illinois Commerce
19		Commission shall be effective or binding on the Authority to
20		construct the grade separation project unless the federal
21		government, the State of Illinois, or any agency or
22		instrumentality thereof has granted or appropriated sufficient
23		funds for the construction of the grade separation project and
24		the Authority is in receipt of those funds. Notwithstanding,
25		the Illinois Commerce Commission shall not withhold approval of
26		the construction of the Authority's grade separation project or

SB1314 Engrossed - 5 - LRB099 08663 AWJ 28828 b
1		the issuance of any Orders that authorize the construction of
2		the Authority's grade separation project.
3		Notwithstanding any provision of law to the contrary, the
4		Illinois Commerce Commission's jurisdiction under this Act
5		includes the authority to use funds from the Grade Crossing
6		Protection Fund to reimburse the Elmwood Park Grade Separation
7		Authority, in an amount not to exceed $12,000,000, for the
8		construction of a grade separation to replace the existing
9		Grand Avenue highway-rail grade crossing of tracks owned by the
10		Northeast Illinois Regional Commuter Railroad Corporation,
11		without regard to whether all or part of the crossing is within
12		the jurisdiction of the Department of Transportation, the
13		Regional Transportation Authority or any subdivision or unit
14		thereof, or any other State agency or unit of local government.
15		The Elmwood Park Grade Separation Authority shall conduct a
16		preliminary engineering study for the construction of a grade
17		separation to replace the existing Grand Avenue highway-rail
18		grade crossing, which shall result in the preparation of
19		preliminary engineering plans and an estimate of cost. The
20		Elmwood Park Grade Separation Authority shall also prepare a
21		funding plan for the grade separation project. The Elmwood Park
22		Grade Separation Authority shall submit a copy of the
23		preliminary engineering study, estimate of cost, and funding
24		plan for the construction of a grade separation to replace the
25		existing Grand Avenue highway-rail grade crossing to the
26		Illinois Commerce Commission for its review.

SB1314 Engrossed - 6 - LRB099 08663 AWJ 28828 b
1		Following receipt of the preliminary engineering study,
2		estimate of cost, and funding plan for the Grand Avenue grade
3		separation project, the Illinois Commerce Commission shall
4		consider that project as one of the bridge projects included in
5		the Illinois Commerce Commission's Crossing Safety Improvement
6		Program during the earliest 5-year programming cycle, and funds
7		from the Grade Crossing Protection Fund shall be programmed for
8		that grade separation project.
9		No funds from the Grade Crossing Protection Fund programmed
10		for the Grand Avenue grade separation project shall be provided
11		unless authorized by the Illinois Commerce Commission. Funds
12		from the Grade Crossing Protection Fund programmed for the
13		Grand Avenue grade separation project may not exceed
14		$12,000,000, and shall only be provided to the Elmwood Park
15		Grade Separation Authority as reimbursement for expenses
16		already incurred.
17		(Source: P.A. 98-564, eff. 8-27-13.)
18		(70 ILCS 1935/50)
19		Sec. 50. Board; composition; qualification; compensation
20		and expenses. The Authority shall be governed by a 7 member
21		9-member board consisting of members appointed by the Governor
22		with the advice and consent of the Senate. Five members shall
23		be voting members and 2 4 members shall be non-voting members.
24		The voting members shall consist of the following:
25		(1) two former public officials who served within the

SB1314 Engrossed - 7 - LRB099 08663 AWJ 28828 b
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,
22		but may be reimbursed for actual expenses incurred by them in
23		the performance of their duties prescribed by the Authority.
24		However, any member of the board who serves as secretary or
25		treasurer may receive compensation for services as that
26		officer.

SB1314 Engrossed - 8 - LRB099 08663 AWJ 28828 b
1		(Source: P.A. 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
2		(70 ILCS 1935/100)
3		Sec. 100. Construction. Nothing in this Act shall be
4		construed to confer upon the Authority the right, power, or
5		duty to order or enforce the abandonment of any present
6		property of the railroads or the use in substitution therefor
7		of any property acquired for the railroads in the absence of a
8		contract duly executed by the railroads and the Authority
9		setting forth the terms and conditions upon which relocation of
10		the right-of-way and physical facilities of the railroads is to
11		be accomplished. No such contract shall be or become
12		enforceable until the provisions of the contract have been
13		approved or authorized by the Illinois Commerce Commission.
14		Any construction improvements to signaling or any other
15		aspect of the grade separation project dictated by the Railroad
16		or the Northeast Illinois Regional Commuter Railroad
17		Corporation shall be paid for respectively by the Railroad or
18		the Northeast Illinois Regional Commuter Railroad Corporation.
19		The Railroad or the Northeast Illinois Regional Commuter
20		Railroad Corporation, or both, shall specifically pay any and
21		all 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
24		becoming law.