Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO. 2068 (Transportation Committee) (At the request of the Public Service Commission) AN ACT to amend and reenact sections 49-17.1-02, 49-17.1-03, and 49-17.1-04 of the North Dakota Century Code, relating to rail service assistance. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 49-17.1-02 of the North Dakota Century Code is amended and reenacted as follows: 49-17.1-02. Department of transportation as designated state agency. The department, with the approvalcooperation of the commission, is authorized to exercise those powers necessary for the state to qualify for rail service assistance grants pursuant to provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.], including authority to: 1.Prepare and recommend a state plan for all rail transportation and local rail services. 2.Administer and coordinate the state plan. 3.Provide in the plan for the equitable distribution of rail service assistance grants among state, local, and regional transportation authorities. 4.Promote and support safe, adequate, and efficient rail services for those railway lines receiving rail service assistance grants. 5.Employ sufficient trained and qualified personnel for these purposes. 6.Maintain adequate programs of investigation, research, promotion, and development in connection with these purposes and to provide for public participation therein. 7.Provide satisfactory assurances on behalf of the state that fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state as rail service assistance grants. 8.Comply with the regulations of the secretary of transportation of the United States department of transportation affecting rail service assistance grants. 9.Do all things otherwise necessary to maximize federal assistance to the state under the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.], and any amendments to it. SECTION 2. AMENDMENT. Section 49-17.1-03 of the North Dakota Century Code is amended and reenacted as follows: 49-17.1-03. Application for assistance. The department, with the approval of the commission, may make application on behalf of the state for grants made available by the secretary of transportation under the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.]. S. B. NO. 2068 - PAGE 2 SECTION 3. AMENDMENT. Section 49-17.1-04 of the North Dakota Century Code is amended and reenacted as follows: 49-17.1-04. Use of public and private funds - Public service commission participation. The department, with the approvalcooperation of the commission, may utilize public and private funds appropriated by the legislative assembly in carrying out the purpose of this chapter. The department shall cooperate with the commission and with other states in the reorganization or reopening of any railway line which may have been abandoned by any railway corporation providing railway services within the state. In carrying out the authority conferred by this section, the department may enter into agreements, contracts, or other arrangements with the necessary parties to accomplish the purposes of this chapter. S. B. NO. 2068 - PAGE 3 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No. 2068. Senate Vote:Yeas 47 Nays 0 Absent 0 House Vote: Yeas 93 Nays 0 Absent 1 ____________________________ Secretary of the Senate Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M. ____________________________ Secretary of State