KRS 174.058: Shortline railroad assistance fund.

(1) As used in this section:

(a) "Class II railroad" means a railroad company classified as a Class II carrier by

the federal Surface Transportation Board; and

(b) "Class III railroad" means a railroad company classified as a Class III carrier

by the federal Surface Transportation Board.

(2) The shortline railroad assistance fund is hereby established in the State Treasury as

an interest-bearing fund and shall be administered by the cabinet.

(3) The fund shall be a dedicated fund, and all moneys in the fund shall be used solely

to provide financial assistance for the rehabilitation and improvement of a Class II

railroad and Class III railroad operating in Kentucky.

(4) Eligible costs for which financial assistance may be provided shall include

construction, reconstruction, improvement, or r ehabilitation of rail facilities,

including tracks, ties, roadbeds, and related structures used for freight rail operation.

(5) Financial assistance provided from the fund shall be limited to:

(a) Grants; and

(b) Loans, which shall be made at or below mark et interest rates, including

interest-free loans, at terms not to exceed ten (10) years.

(6) All loan payments and repayments, and all interest payments on loans, shall be

credited to the fund.

(7) The cabinet may promulgate administrative regulations rega rding procedures for

providing financial assistance pursuant to this section.

(8) The shortline railroad assistance fund is authorized to receive funds from

appropriations of the General Assembly, repayments of loans and interest thereon,

interest from fun d principal, grants, donations, and payments to the fund for any

lawful purpose.

(9) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of a

fiscal year shall not lapse but shall be carried forward to the next fiscal year to be

used for the purposes set forth in this section.

(10) The cabinet may enter into agreements with federal or state agencies or any other

persons to carry out the provisions of this section.

(11) Any moneys in the fund are hereby appropriated for the purposes set forth in this

section.