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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 - 2007IN 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 ofseveneight (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;and28 (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 - 2007Moved 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 laboragriculture"; in line 10, delete "commerce and 4 labor's" and insert: "commerce and labor'sagriculture's"; in line 29, delete 5 "commerce and labor" and insert: "commerce and laboragriculture"; in line 30, 6 delete "commerce and labor" and insert: "commerce and laboragriculture"; 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: "commerce11and laboragriculture"; also in line 6, delete "such"; in line 7, delete 12 "amounts as are necessary" and insert: "such amounts as are necessaryfor 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 ofcommerce23and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and4laboragriculture 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 ofcommerce and laboragriculture. 8 (2) The interagency working group shall provide recommendations to the 9 department ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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)EstablishWhenever 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 ofcommerce and laboragriculture. 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 ofcom-22merce and laboragriculture 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 - 2007IN 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 ofcommerce20and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and laboragri- 40 culture on issues and policies in support of the department ofcommerce and41labor'sagriculture'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 ofseveneight (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;and17 (b) Three (3) members shall be appointed by the director of the depart- 18 ment ofcommerce and laboragriculture, two (2) of whom shall be employees 19 of the department ofcommerce and laboragriculture 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 ofcommerce and laboragriculture shall determine and 40 providesuch amounts as are necessaryfor 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 ofcommerce and49laboragriculture 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 ofcommerce and laboragriculture. 53 (2) The interagency working group shall provide recommendations to the 3 1 department ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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 ofcommerce and laboragriculture 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)EstablishWhenever 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 ofcommerce and laboragriculture. 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 ofcom-13merce and laboragriculture 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