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| Public Act 100-0430 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Transportation Law of the
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Civil Administrative Code of Illinois is amended by changing | ||||
Sections 2705-400 and 2705-430 as follows:
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(20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
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Sec. 2705-400.
Authorization concerning rail assistance
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funds. The Department is hereby authorized to exercise
those
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powers necessary for the State to qualify for rail assistance | ||||
funds
pursuant to the provisions of the federal Regional Rail | ||||
Reorganization
Act of 1973, the Railroad Revitalization and | ||||
Regulatory Reform Act of 1976, or other relevant federal or | ||||
State legislation, including but
not
limited to authority to do | ||||
the following:
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(1) Establish a State plan for rail transportation and | ||||
local rail
services, including projects funded under Section | ||||
2705-435.
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(2) Administer and coordinate the State plan.
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(3) Provide in the plan for the equitable distribution of | ||||
federal
rail assistance funds among State, local, and regional | ||||
transportation
authorities.
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(4) Develop or assist the development of local or regional | ||||
rail
plans.
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(5) Promote, supervise, and support safe, adequate, and
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efficient
rail services in accordance with the provisions and | ||
limitations of Public Act 79-834.
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(6) Employ sufficient trained and qualified personnel for | ||
these
purposes.
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(7) Maintain, in accordance with the provisions and | ||
limitations
of Public Act 79-834, adequate programs of
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investigation, research,
promotion, and development in | ||
connection with these purposes and
provide for public hearings.
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(8) Provide satisfactory assurances on behalf of the State | ||
that fiscal control and fund accounting procedures will be | ||
adopted by
the State that may be necessary to ensure proper
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disbursement of and
account for federal funds paid to the State | ||
as rail assistance.
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(9) Comply with the regulations of the Secretary of
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Transportation of the United States Department of | ||
Transportation
affecting federal rail assistance funds.
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(10) Review all impending rail abandonments and provide its
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recommendations
on those abandonments to the federal Surface | ||
Transportation Board Interstate Commerce Commission.
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(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
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Sec. 2705-430.
Railroad freight service assistance; lines
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designated for discontinuation of service or subject to | ||
abandonment. The
Department
shall enter into agreements with | ||
any railroad as necessary to
provide assistance for continuous | ||
freight service on lines of railroads
within Illinois | ||
designated for discontinuation of service by the United
States | ||
Railway Association Final System Plan and not conveyed to a
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railroad company other than Consolidated Rail Corporation. The | ||
Department
may enter into such agreements with any railroad as | ||
necessary to provide
assistance for continuous rail freight | ||
service
on lines of railroads within Illinois subject to an | ||
abandonment proceeding
in the federal Surface Transportation | ||
Board Interstate Commerce Commission or classified as | ||
potentially subject
to abandonment pursuant to Sections 10903 | ||
through 10905 of Title 49 of the
United States Code or upon | ||
which a certificate of discontinuance or abandonment
has been | ||
issued. The
Department shall make rail continuation subsidy | ||
payments pursuant to
the agreements. The agreements shall | ||
provide for a
minimum level of
service at least equivalent to | ||
that provided in calendar year 1975. The
agreements shall | ||
conform to relevant federal law. The Department shall
determine | ||
that all payments under this Section are eligible for federal
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share reimbursement.
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Any nonfederal share of the assistance provided under this | ||
Section
shall be provided by the Department. The State share | ||
may include funds,
grants, gifts, or donations from the federal | ||
government, any local public
body, or any person.
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Reimbursements shall be deposited in the State fund from | ||
which the
assistance was paid.
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The Department shall provide technical assistance to any | ||
local public
body or rail user to ensure that rail freight | ||
services under
these
agreements are, to the extent possible, | ||
adequate to the needs of
Illinois citizens.
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The Department shall review the effects of the rail freight | ||
service
assistance provided under this Section and shall report | ||
the results of
its review to the General Assembly each year not | ||
later than March 15,
reporting particularly on the service | ||
provided through the
assistance,
the utilization of rail | ||
freight service by shippers, and the cost
effectiveness of this | ||
rail freight service assistance program in
relation to the | ||
economy of this State.
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The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader, and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader, and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required
by Section 3.1 of the General
Assembly Organization | ||
Act and by filing additional
copies
with the State Government | ||
Report Distribution Center for the General Assembly
as is | ||
required under paragraph (t) of Section 7 of the State Library | ||
Act.
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For the purpose of promoting efficient rail freight | ||
service, the Department
shall have the power to either grant or | ||
loan funds to
any railroad or unit of local government in the | ||
State to maintain,
improve, and construct rail facilities. The | ||
Department shall also have the
power to grant or loan funds to | ||
any rail users located on an abandoned line,
unit of local | ||
government, or an owner or lessee of an abandoned railroad
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right-of-way to undertake substitute service projects that | ||
reduce
the social,
economic, and
environmental costs | ||
associated with the loss of a particular rail freight
service | ||
in a manner less expensive than continuing that rail freight | ||
service.
To facilitate the continuation of rail freight | ||
services, the Department
shall have the power to purchase | ||
railroad materials and supplies.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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