99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1314
 
Introduced 2/18/2015, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:



70 ILCS 1935/5
70 ILCS 1935/15
70 ILCS 1935/20
70 ILCS 1935/35
70 ILCS 1935/50
70 ILCS 1935/100

 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.



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A BILL FOR
 


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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 member 
219-member board consisting of members appointed by the Governor 
22with the advice and consent of the Senate. Five members shall 
23be voting members and 2 4 members shall be non-voting members. 
24The voting members 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; 98-756, eff. 7-16-14.)

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.