View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0042aaS......................................by TRANSPORTATION AND DEFENSE
RURAL ECONOMIC DEVELOPMENT AND FREIGHT TRANSPORTATION PROGRAM - Amends
existing law to authorize the Idaho Department of Agriculture to administer
the Rural Economic Development and Freight Transportation Program; to
revise spending provisions; to revise provisions relating to the
interagency working group; to revise duties of the interagency working
group; to revise provisions relating to the Rural Economic Development and
Integrated Freight Revolving Loan Fund; to provide certain grants for
planning and development of intermodal commerce authorities; and to revise
provisions relating to the state Rail and Intermodal Facility System Plan.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Transp
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Block, Jaquet, Roberts, Shepherd(8), Thayn, Mr.
Speaker
Floor Sponsor - Wood(35)
Title apvd - to Senate
02/02 Senate intro - 1st rdg - to Transp
03/15 Rpt out - to 14th Ord
03/16 Rpt out amen - to 1st rdg as amen
03/19 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Werk
NAYS -- None
Absent and excused -- Gannon, Malepeai, Stennett
Floor Sponsor - McGee
Title apvd - to House
03/20 House concurred in Senate amens - to engros
03/21 Rpt engros - 1st rdg - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 68-0-2
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Smith(24)
Floor Sponsor - Wood(35)
Title apvd - to enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed - To Governor
04/02 Governor signed
Session Law Chapter 339
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 42
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE RURAL ECONOMIC DEVELOPMENT AND FREIGHT TRANSPORTATION PROGRAM;
3 AMENDING SECTION 49-2902, IDAHO CODE, TO REVISE MEMBERSHIP COMPOSITION
4 PROVISIONS RELATING TO THE INTERAGENCY WORKING GROUP.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 49-2902, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-2902. INTERAGENCY WORKING GROUP CREATED. (1) An interagency working
9 group is hereby created to advise the department of commerce and labor on
10 issues and policies in support of the department of commerce and labor's
11 administration of the rural economic development and integrated freight trans-
12 portation program established in section 49-2901, Idaho Code. The interagency
13 working group shall participate in planning and identifying program needs and
14 shall carry out its duties specified in section 49-2903, Idaho Code. Before
15 recommending state funding, using state dedicated funds, and recommending pri-
16 orities, the interagency working group shall seek pertinent information, facts
17 and data from state and local governments, and agencies regarding rural
18 freight transportation issues.
19 (2) The interagency working group shall be composed of seven eight (78)
20 members:
21 (a) Four (4) members shall be appointed by the director of the Idaho
22 transportation department, two (2) of whom shall be employees of the Idaho
23 transportation department with a working knowledge of rail and truck
24 freight transportation and intermodal entities, one (1) member, not a
25 state employee, shall represent freight shipping interests, and one (1)
26 member shall be a representative from the local highway technical assis-
27 tance council; and
28 (b) Three (3) members shall be appointed by the director of the depart-
29 ment of commerce and labor, two (2) of whom shall be employees of the
30 department of commerce and labor with a working knowledge of economic
31 development issues, and one (1) member, not a state employee, shall repre-
32 sent business development and financing interests.; and
33 (c) One (1) member shall be appointed by the director of the department
34 of agriculture and shall be an employee of the department of agriculture
35 with a working knowledge of agricultural transportation issues.
36 (d) At the beginning of each state fiscal year, the director of the
37 Idaho transportation department shall designate one (1) of his appointees
38 as cochairman, and the director of the department of commerce and labor
39 shall designate one (1) of his appointees as cochairman.
40 (de) Each member appointed shall serve at the pleasure of the appointing
41 authority, provided however, the service of state employee members shall
42 run concurrently with their state employment. Nonstate employee members
43 shall serve one (1) term of five (5) years, but may be appointed to serve
2
1 nonconsecutive terms, and shall be reimbursed according to the provisions
2 of section 59-509(b), Idaho Code.
3 (ef) The interagency working group shall meet at such times as necessary
4 and appropriate to review applications for funds distributed pursuant to
5 the provisions of this chapter, but not less frequently than annually.
6 (3) The department of commerce and labor shall determine and provide such
7 amounts as are necessary for planning and operating expenses and staff assis-
8 tance and support in order to administer the program, and to administer the
9 fund established in section 49-2904, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by McGee
Seconded by Keough
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 42
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 9, delete "commerce and labor" and
3 insert: "commerce and labor agriculture"; in line 10, delete "commerce and
4 labor's" and insert: "commerce and labor's agriculture's"; in line 29, delete
5 "commerce and labor" and insert: "commerce and labor agriculture"; in line 30,
6 delete "commerce and labor" and insert: "commerce and labor agriculture"; in
7 line 34, delete "agriculture and" and insert: "commerce and labor and"; also
8 in line 34, delete "of the department of agriculture"; delete line 35 and
9 insert: "with knowledge of rural economic development issues.".
10 On page 2, in line 6, delete "commerce and labor" and insert: "commerce
11 and labor agriculture"; also in line 6, delete "such"; in line 7, delete
12 "amounts as are necessary" and insert: "such amounts as are necessary for
13 amounts appropriated to the fund, a one-time amount not to exceed three per-
14 cent (3%)"; and in line 8, following "support" insert: "from the department of
15 agriculture and the Idaho transportation department".
16 AMENDMENTS TO THE BILL
17 On page 1, following line 5, insert:
18 "SECTION 1. That Section 49-2901, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 49-2901. RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION
21 PROGRAM. (1) The Idaho rural economic development and integrated freight
22 transportation program is hereby established. The Idaho department of commerce
23 and labor agriculture is designated and authorized to administer the rural
24 economic development and integrated freight transportation program.
25 (2) State funding for rural freight transportation service projects shall
26 benefit the state's interest by assisting businesses and industries to develop
27 and expand their operations in shipping freight and products to market. The
28 state's interest is served by maintaining competitive transportation services
29 for Idaho freight shippers, reducing public roadway maintenance and repair
30 costs, increasing economic development opportunities, increasing domestic and
31 international trade, creating and preserving jobs, and enhancing safety. State
32 funding for projects is contingent upon appropriate private sector partner-
33 ships with state and local governments, participation and cooperation. Before
34 recommending the spending of these dedicated state moneys on intermodal proj-
35 ects, the Idaho department of commerce and labor agriculture shall seek fed-
36 eral, local and private funding and participation to the greatest extent pos-
37 sible. Whenever possible, the department shall seek to assist a private sector
38 solution for the implementation of this chapter.";
39 in line 6, delete "SECTION 1." and insert: "SECTION 2."; and on page 2, fol-
40 lowing line 9, insert:
41 "Section 3. That Section 49-2903, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 49-2903. DUTIES OF THE INTERAGENCY WORKING GROUP. (1) The interagency
3 working group shall provide recommendations to the department of commerce and
4 labor agriculture in order for that department to establish criteria for eval-
5 uating intermodal projects of significance to the state, and the interagency
6 working group shall continue to monitor projects for which it provides assis-
7 tance to the department of commerce and labor agriculture.
8 (2) The interagency working group shall provide recommendations to the
9 department of commerce and labor agriculture in order for the department to
10 develop criteria for prioritizing freight rail and intermodal projects that
11 meet the minimum eligibility requirements for state financial support from the
12 revolving loan fund created in section 49-2904, Idaho Code. Project criteria
13 should consider the level of local financial commitment to the project as well
14 as the cost/benefit ratio. Railroads, shippers, intermodal commerce authori-
15 ties as defined in chapter 22, title 70, Idaho Code, and others who benefit
16 from the project should participate financially to the greatest extent practi-
17 cable.
18 (3) The interagency working group shall provide the assistance necessary
19 for the department to ensure that the state maintains a contingent interest in
20 any equipment, property, rail line, or facility that has outstanding grants or
21 loans. The owner of a qualified line as defined in section 49-2904, Idaho
22 Code, shall not use the line as collateral, remove track, bridges or associ-
23 ated elements for salvage, or use it in any other manner subordinating the
24 state's interest until any loan made to the owner pursuant to this chapter has
25 been repaid in full. As the state is not a primary lender of money, it is
26 understood the state may need to take a subordinate position for its contin-
27 gent interest.
28 SECTION 4. That Section 49-2904, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 49-2904. RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION
31 REVOLVING LOAN FUND. (1) The rural economic development and integrated freight
32 transportation revolving loan fund is hereby created in the state treasury.
33 The department of commerce and labor agriculture is authorized to administer
34 the rural economic development and integrated freight transportation revolving
35 loan fund. Moneys in the fund shall be used only for the purposes specified in
36 this chapter. Surplus moneys in the fund shall be invested by the state trea-
37 surer in the same manner as provided under section 67-1210, Idaho Code, with
38 respect to other surplus or idle moneys in the state treasury. Interest earned
39 on the investments shall be returned to the rural economic development and
40 integrated freight transportation revolving loan fund.
41 (2) Moneys in the fund are subject to appropriation and may consist of
42 appropriations, grants, repayment of loans and other revenues from any other
43 sources.
44 (3) Moneys in the fund may be used for loans or grants for qualified
45 rural projects for the development and preservation of intermodal rail and
46 truck services and facilities upon terms and conditions to be determined by
47 the department of commerce and labor agriculture with the assistance and
48 advice of the interagency working group as appropriate, for the purpose of:
49 (a) Rehabilitating, or improving rail lines to preserve essential local
50 rail service;
51 (b) Purchasing or rehabilitating railroad equipment necessary to maintain
52 essential rail service;
3
1 (c) Construction of loading or reloading facilities or other capital
2 improvements including building or improving local transportation infra-
3 structure, to increase business and commerce, and to improve shipping
4 service; or
5 (d) Coordinating intermodal truck and rail traffic for integrated rural
6 freight transportation.
7 (4) For the purposes of this chapter, "qualified lines" means class III
8 short lines, branch lines of class I railroads leased or operated by a class
9 III railroad, branch lines of class II railroads, and lines owned by public
10 entities including port districts and intermodal commerce authorities. Defini-
11 tion of class I, II and III railroads shall be as defined by the federal rail-
12 road administration.
13 (5) Moneys received by the department of commerce and labor agriculture
14 from loan payments or other revenues shall be redeposited in the rural eco-
15 nomic development and integrated freight transportation fund. Repayment of
16 loans made under this chapter shall occur within a period as set by the
17 department, but no repayment which exceeds fifteen (15) years shall be
18 allowed. The repayment schedule and rate of interest shall be determined
19 before the moneys are distributed.
20 (6) Moneys distributed under the provisions of this chapter shall be pro-
21 vided as loans to qualified lines or shippers.
22 (7) As funds allow, one (1) matching grant per year not to exceed twenty-
23 five thousand dollars ($25,000) for planning and development of intermodal
24 commerce authorities as provided in chapter 22, title 70, Idaho Code, upon
25 conditions established in subsection (3) of this section.
26 SECTION 5. That Section 49-2905, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 49-2905. STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN. (1) The Idaho
29 transportation department shall prepare and periodically update a state rail
30 and intermodal facility system plan, a primary objective of which is to iden-
31 tify, evaluate and encourage the development and preservation of essential
32 rail and truck intermodal services. The plan shall:
33 (a) Identify and describe the state's rail system;
34 (b) Prepare state rail system maps;
35 (c) Identify and evaluate mainline capacity issues in cooperation with
36 the railroads;
37 (d) Identify and evaluate rail access and congestion issues;
38 (e) Identify and evaluate rail commodity flows and traffic types;
39 (f) Identify lines and corridors that have been rail banked or preserved;
40 (g) Identify and evaluate other rail and intermodal issues affecting the
41 state's freight transportation system and regional and local economies;
42 (h) Identify and evaluate those rail freight lines that are potentially
43 subject to abandonment in the future because of unmet capital needs or
44 other reasons, or have recently been approved for abandonment but the
45 track improvements are still in place;
46 (i) Establish Whenever possible provide priorities for determining which
47 rail lines or intermodal commerce authorities should receive state sup-
48 port, and provide to the interagency working group supporting information
49 used in establishing such priorities for use by the interagency working
50 group in advising the department of commerce and labor agriculture. The
51 priorities should include:
52 (i) The anticipated benefits to the state and local economy;
53 (ii) Coordinated freight transportation system including the antici-
4
1 pated cost of road and highway improvements necessitated by the pro-
2 posed project;
3 (iii) Establishment of an intermodal facility, if indicated;
4 (iv) The likelihood the qualified line receiving funding can meet
5 operating costs from freight charges, surcharges on rail traffic and
6 other funds; and
7 (v) The impact of abandonment or capacity constraints if the proj-
8 ect does not obtain state support; and
9 (j) Identify and describe the state's intermodal rural rail and truck
10 freight system by:
11 (i) Preparing state intermodal and regional freight transfer sta-
12 tion system maps;
13 (ii) Identifying and evaluating intermodal and truck and rail
14 freight transfer capacity and coordination issues in cooperation with
15 local government and the railroad and truck interests;
16 (iii) Identifying and evaluating intermodal and freight transfer
17 access and highway capacity issues; and
18 (iv) Identifying and evaluating major freight commodity origins,
19 destinations and traffic flows by mode and corridor.
20 (2) The Idaho transportation department shall provide information to the
21 interagency working group for assisting and advising the department of com-
22 merce and labor agriculture to monitor the status of the state's mainline,
23 short line and branch line common carrier railroads through the state rail
24 planning process and various analyses. In addition, the Idaho transportation
25 department shall submit to the interagency working group, its evaluation of
26 alternatives to abandonment prior to federal surface transportation board pro-
27 ceedings, where feasible.
28 (3) The state rail and intermodal facility system plan may be prepared in
29 conjunction with any rail plan currently prepared by the Idaho transportation
30 department pursuant to other federal rail assistance programs, or which may be
31 enacted, including if applicable, the federal local rail freight assistance
32 program.".
33 CORRECTIONS TO TITLE
34 On page 1, delete line 3, and insert: "AMENDING SECTION 49-2901, IDAHO
35 CODE, TO AUTHORIZE THE IDAHO DEPARTMENT OF AGRICULTURE TO ADMINISTER THE RURAL
36 ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION PROGRAM AND TO
37 REVISE SPENDING PROVISIONS; AMENDING SECTION 49-2902, IDAHO CODE, TO REVISE";
38 in line 4, delete "GROUP." and insert: "GROUP; AMENDING SECTION 49-2903, IDAHO
39 CODE, TO REVISE DUTIES OF THE INTERAGENCY WORKING GROUP; AMENDING SECTION
40 49-2904, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE RURAL ECONOMIC
41 DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION REVOLVING LOAN FUND AND TO
42 PROVIDE CERTAIN GRANTS FOR PLANNING AND DEVELOPMENT OF INTERMODAL COMMERCE
43 AUTHORITIES; AND AMENDING SECTION 49-2905, IDAHO CODE, TO REVISE PROVISIONS
44 RELATING TO THE STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 42, As Amended in the Senate
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE RURAL ECONOMIC DEVELOPMENT AND FREIGHT TRANSPORTATION PROGRAM;
3 AMENDING SECTION 49-2901, IDAHO CODE, TO AUTHORIZE THE IDAHO DEPARTMENT OF
4 AGRICULTURE TO ADMINISTER THE RURAL ECONOMIC DEVELOPMENT AND INTEGRATED
5 FREIGHT TRANSPORTATION PROGRAM AND TO REVISE SPENDING PROVISIONS; AMENDING
6 SECTION 49-2902, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE INTER-
7 AGENCY WORKING GROUP; AMENDING SECTION 49-2903, IDAHO CODE, TO REVISE
8 DUTIES OF THE INTERAGENCY WORKING GROUP; AMENDING SECTION 49-2904, IDAHO
9 CODE, TO REVISE PROVISIONS RELATING TO THE RURAL ECONOMIC DEVELOPMENT AND
10 INTEGRATED FREIGHT TRANSPORTATION REVOLVING LOAN FUND AND TO PROVIDE CER-
11 TAIN GRANTS FOR PLANNING AND DEVELOPMENT OF INTERMODAL COMMERCE AUTHORI-
12 TIES; AND AMENDING SECTION 49-2905, IDAHO CODE, TO REVISE PROVISIONS
13 RELATING TO THE STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 49-2901, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 49-2901. RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION
18 PROGRAM. (1) The Idaho rural economic development and integrated freight
19 transportation program is hereby established. The Idaho department of commerce
20 and labor agriculture is designated and authorized to administer the rural
21 economic development and integrated freight transportation program.
22 (2) State funding for rural freight transportation service projects shall
23 benefit the state's interest by assisting businesses and industries to develop
24 and expand their operations in shipping freight and products to market. The
25 state's interest is served by maintaining competitive transportation services
26 for Idaho freight shippers, reducing public roadway maintenance and repair
27 costs, increasing economic development opportunities, increasing domestic and
28 international trade, creating and preserving jobs, and enhancing safety. State
29 funding for projects is contingent upon appropriate private sector partner-
30 ships with state and local governments, participation and cooperation. Before
31 recommending the spending of these dedicated state moneys on intermodal proj-
32 ects, the Idaho department of commerce and labor agriculture shall seek fed-
33 eral, local and private funding and participation to the greatest extent pos-
34 sible. Whenever possible, the department shall seek to assist a private sector
35 solution for the implementation of this chapter.
36 SECTION 2. That Section 49-2902, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 49-2902. INTERAGENCY WORKING GROUP CREATED. (1) An interagency working
39 group is hereby created to advise the department of commerce and labor agri-
40 culture on issues and policies in support of the department of commerce and
41 labor's agriculture's administration of the rural economic development and
2
1 integrated freight transportation program established in section 49-2901,
2 Idaho Code. The interagency working group shall participate in planning and
3 identifying program needs and shall carry out its duties specified in section
4 49-2903, Idaho Code. Before recommending state funding, using state dedicated
5 funds, and recommending priorities, the interagency working group shall seek
6 pertinent information, facts and data from state and local governments, and
7 agencies regarding rural freight transportation issues.
8 (2) The interagency working group shall be composed of seven eight (78)
9 members:
10 (a) Four (4) members shall be appointed by the director of the Idaho
11 transportation department, two (2) of whom shall be employees of the Idaho
12 transportation department with a working knowledge of rail and truck
13 freight transportation and intermodal entities, one (1) member, not a
14 state employee, shall represent freight shipping interests, and one (1)
15 member shall be a representative from the local highway technical assis-
16 tance council; and
17 (b) Three (3) members shall be appointed by the director of the depart-
18 ment of commerce and labor agriculture, two (2) of whom shall be employees
19 of the department of commerce and labor agriculture with a working knowl-
20 edge of economic development issues, and one (1) member, not a state
21 employee, shall represent business development and financing interests.;
22 and
23 (c) One (1) member shall be appointed by the director of the department
24 of commerce and labor and shall be an employee with knowledge of rural
25 economic development issues.
26 (d) At the beginning of each state fiscal year, the director of the
27 Idaho transportation department shall designate one (1) of his appointees
28 as cochairman, and the director of the department of commerce and labor
29 shall designate one (1) of his appointees as cochairman.
30 (de) Each member appointed shall serve at the pleasure of the appointing
31 authority, provided however, the service of state employee members shall
32 run concurrently with their state employment. Nonstate employee members
33 shall serve one (1) term of five (5) years, but may be appointed to serve
34 nonconsecutive terms, and shall be reimbursed according to the provisions
35 of section 59-509(b), Idaho Code.
36 (ef) The interagency working group shall meet at such times as necessary
37 and appropriate to review applications for funds distributed pursuant to
38 the provisions of this chapter, but not less frequently than annually.
39 (3) The department of commerce and labor agriculture shall determine and
40 provide such amounts as are necessary for amounts appropriated to the fund, a
41 one-time amount not to exceed three percent (3%) for planning and operating
42 expenses and staff assistance and support from the department of agriculture
43 and the Idaho transportation department in order to administer the program,
44 and to administer the fund established in section 49-2904, Idaho Code.
45 Section 3. That Section 49-2903, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 49-2903. DUTIES OF THE INTERAGENCY WORKING GROUP. (1) The interagency
48 working group shall provide recommendations to the department of commerce and
49 labor agriculture in order for that department to establish criteria for eval-
50 uating intermodal projects of significance to the state, and the interagency
51 working group shall continue to monitor projects for which it provides assis-
52 tance to the department of commerce and labor agriculture.
53 (2) The interagency working group shall provide recommendations to the
3
1 department of commerce and labor agriculture in order for the department to
2 develop criteria for prioritizing freight rail and intermodal projects that
3 meet the minimum eligibility requirements for state financial support from the
4 revolving loan fund created in section 49-2904, Idaho Code. Project criteria
5 should consider the level of local financial commitment to the project as well
6 as the cost/benefit ratio. Railroads, shippers, intermodal commerce authori-
7 ties as defined in chapter 22, title 70, Idaho Code, and others who benefit
8 from the project should participate financially to the greatest extent practi-
9 cable.
10 (3) The interagency working group shall provide the assistance necessary
11 for the department to ensure that the state maintains a contingent interest in
12 any equipment, property, rail line, or facility that has outstanding grants or
13 loans. The owner of a qualified line as defined in section 49-2904, Idaho
14 Code, shall not use the line as collateral, remove track, bridges or associ-
15 ated elements for salvage, or use it in any other manner subordinating the
16 state's interest until any loan made to the owner pursuant to this chapter has
17 been repaid in full. As the state is not a primary lender of money, it is
18 understood the state may need to take a subordinate position for its contin-
19 gent interest.
20 SECTION 4. That Section 49-2904, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 49-2904. RURAL ECONOMIC DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION
23 REVOLVING LOAN FUND. (1) The rural economic development and integrated freight
24 transportation revolving loan fund is hereby created in the state treasury.
25 The department of commerce and labor agriculture is authorized to administer
26 the rural economic development and integrated freight transportation revolving
27 loan fund. Moneys in the fund shall be used only for the purposes specified in
28 this chapter. Surplus moneys in the fund shall be invested by the state trea-
29 surer in the same manner as provided under section 67-1210, Idaho Code, with
30 respect to other surplus or idle moneys in the state treasury. Interest earned
31 on the investments shall be returned to the rural economic development and
32 integrated freight transportation revolving loan fund.
33 (2) Moneys in the fund are subject to appropriation and may consist of
34 appropriations, grants, repayment of loans and other revenues from any other
35 sources.
36 (3) Moneys in the fund may be used for loans or grants for qualified
37 rural projects for the development and preservation of intermodal rail and
38 truck services and facilities upon terms and conditions to be determined by
39 the department of commerce and labor agriculture with the assistance and
40 advice of the interagency working group as appropriate, for the purpose of:
41 (a) Rehabilitating, or improving rail lines to preserve essential local
42 rail service;
43 (b) Purchasing or rehabilitating railroad equipment necessary to maintain
44 essential rail service;
45 (c) Construction of loading or reloading facilities or other capital
46 improvements including building or improving local transportation infra-
47 structure, to increase business and commerce, and to improve shipping
48 service; or
49 (d) Coordinating intermodal truck and rail traffic for integrated rural
50 freight transportation.
51 (4) For the purposes of this chapter, "qualified lines" means class III
52 short lines, branch lines of class I railroads leased or operated by a class
53 III railroad, branch lines of class II railroads, and lines owned by public
4
1 entities including port districts and intermodal commerce authorities. Defini-
2 tion of class I, II and III railroads shall be as defined by the federal rail-
3 road administration.
4 (5) Moneys received by the department of commerce and labor agriculture
5 from loan payments or other revenues shall be redeposited in the rural eco-
6 nomic development and integrated freight transportation fund. Repayment of
7 loans made under this chapter shall occur within a period as set by the
8 department, but no repayment which exceeds fifteen (15) years shall be
9 allowed. The repayment schedule and rate of interest shall be determined
10 before the moneys are distributed.
11 (6) Moneys distributed under the provisions of this chapter shall be pro-
12 vided as loans to qualified lines or shippers.
13 (7) As funds allow, one (1) matching grant per year not to exceed twenty-
14 five thousand dollars ($25,000) for planning and development of intermodal
15 commerce authorities as provided in chapter 22, title 70, Idaho Code, upon
16 conditions established in subsection (3) of this section.
17 SECTION 5. That Section 49-2905, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 49-2905. STATE RAIL AND INTERMODAL FACILITY SYSTEM PLAN. (1) The Idaho
20 transportation department shall prepare and periodically update a state rail
21 and intermodal facility system plan, a primary objective of which is to iden-
22 tify, evaluate and encourage the development and preservation of essential
23 rail and truck intermodal services. The plan shall:
24 (a) Identify and describe the state's rail system;
25 (b) Prepare state rail system maps;
26 (c) Identify and evaluate mainline capacity issues in cooperation with
27 the railroads;
28 (d) Identify and evaluate rail access and congestion issues;
29 (e) Identify and evaluate rail commodity flows and traffic types;
30 (f) Identify lines and corridors that have been rail banked or preserved;
31 (g) Identify and evaluate other rail and intermodal issues affecting the
32 state's freight transportation system and regional and local economies;
33 (h) Identify and evaluate those rail freight lines that are potentially
34 subject to abandonment in the future because of unmet capital needs or
35 other reasons, or have recently been approved for abandonment but the
36 track improvements are still in place;
37 (i) Establish Whenever possible provide priorities for determining which
38 rail lines or intermodal commerce authorities should receive state sup-
39 port, and provide to the interagency working group supporting information
40 used in establishing such priorities for use by the interagency working
41 group in advising the department of commerce and labor agriculture. The
42 priorities should include:
43 (i) The anticipated benefits to the state and local economy;
44 (ii) Coordinated freight transportation system including the antici-
45 pated cost of road and highway improvements necessitated by the pro-
46 posed project;
47 (iii) Establishment of an intermodal facility, if indicated;
48 (iv) The likelihood the qualified line receiving funding can meet
49 operating costs from freight charges, surcharges on rail traffic and
50 other funds; and
51 (v) The impact of abandonment or capacity constraints if the proj-
52 ect does not obtain state support; and
53 (j) Identify and describe the state's intermodal rural rail and truck
5
1 freight system by:
2 (i) Preparing state intermodal and regional freight transfer sta-
3 tion system maps;
4 (ii) Identifying and evaluating intermodal and truck and rail
5 freight transfer capacity and coordination issues in cooperation with
6 local government and the railroad and truck interests;
7 (iii) Identifying and evaluating intermodal and freight transfer
8 access and highway capacity issues; and
9 (iv) Identifying and evaluating major freight commodity origins,
10 destinations and traffic flows by mode and corridor.
11 (2) The Idaho transportation department shall provide information to the
12 interagency working group for assisting and advising the department of com-
13 merce and labor agriculture to monitor the status of the state's mainline,
14 short line and branch line common carrier railroads through the state rail
15 planning process and various analyses. In addition, the Idaho transportation
16 department shall submit to the interagency working group, its evaluation of
17 alternatives to abandonment prior to federal surface transportation board pro-
18 ceedings, where feasible.
19 (3) The state rail and intermodal facility system plan may be prepared in
20 conjunction with any rail plan currently prepared by the Idaho transportation
21 department pursuant to other federal rail assistance programs, or which may be
22 enacted, including if applicable, the federal local rail freight assistance
23 program.
STATEMENT OF PURPOSE
RS 16493
This legislation amends the membership of the interagency
working group of the integrated freight transportation program
by adding a representative of the department of agriculture.
Agriculture often has unique transportation issues particularly
relating to perishable commodities. The department of
agriculture has long been involved in agricultural
transportation issues and was a part of the 2001 interagency
study group created by the Idaho Legislature to study Idaho’s
rail situation. This legislation will provide for additional
expertise on the working group.
FISCAL NOTE
There is no fiscal impact to the General Fund.
CONTACT
Name: Laura Johnson
Agency: Agriculture, Dept. of
Phone: 332-8533
STATEMENT OF PURPOSE/FISCAL NOTE H 42