Bill Text: IL SB1376 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Civil Administrative Code of Illinois (Department of Transportation Law). Provides that the Department of Transportation is authorized to exercise those powers necessary for the State to qualify for rail assistance funds pursuant to relevant federal or State legislation (rather than pursuant to 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). Provides that the Department is authorized to review all impending rail abandonments and provide its recommendations on those abandonments to the federal Surface Transportation Board (rather than to the Interstate Commerce Commission). Removes a requirement for the Department to report results of a review of the effects of all rail freight service assistance to the General Assembly. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0430 [SB1376 Detail]
Download: Illinois-2017-SB1376-Introduced.html
Bill Title: Amends the Civil Administrative Code of Illinois (Department of Transportation Law). Provides that the Department of Transportation is authorized to exercise those powers necessary for the State to qualify for rail assistance funds pursuant to relevant federal or State legislation (rather than pursuant to 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). Provides that the Department is authorized to review all impending rail abandonments and provide its recommendations on those abandonments to the federal Surface Transportation Board (rather than to the Interstate Commerce Commission). Removes a requirement for the Department to report results of a review of the effects of all rail freight service assistance to the General Assembly. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0430 [SB1376 Detail]
Download: Illinois-2017-SB1376-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Transportation Law of the
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5 | Civil Administrative Code of Illinois is amended by changing | |||||||||||||||||||||
6 | Sections 2705-400 and 2705-430 as follows:
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7 | (20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
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8 | Sec. 2705-400.
Authorization concerning rail assistance
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9 | funds. The Department is hereby authorized to exercise
those
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10 | powers necessary for the State to qualify for rail assistance | |||||||||||||||||||||
11 | funds
pursuant to the provisions of the federal Regional Rail | |||||||||||||||||||||
12 | Reorganization
Act of 1973, the Railroad Revitalization and | |||||||||||||||||||||
13 | Regulatory Reform Act of 1976, or other relevant federal or | |||||||||||||||||||||
14 | State legislation, including but
not
limited to authority to do | |||||||||||||||||||||
15 | the following:
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16 | (1) Establish a State plan for rail transportation and | |||||||||||||||||||||
17 | local rail
services, including projects funded under Section | |||||||||||||||||||||
18 | 2705-435.
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19 | (2) Administer and coordinate the State plan.
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20 | (3) Provide in the plan for the equitable distribution of | |||||||||||||||||||||
21 | federal
rail assistance funds among State, local, and regional | |||||||||||||||||||||
22 | transportation
authorities.
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23 | (4) Develop or assist the development of local or regional |
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1 | rail
plans.
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2 | (5) Promote, supervise, and support safe, adequate, and
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3 | efficient
rail services in accordance with the provisions and | ||||||
4 | limitations of Public Act 79-834.
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5 | (6) Employ sufficient trained and qualified personnel for | ||||||
6 | these
purposes.
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7 | (7) Maintain, in accordance with the provisions and | ||||||
8 | limitations
of Public Act 79-834, adequate programs of
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9 | investigation, research,
promotion, and development in | ||||||
10 | connection with these purposes and
provide for public hearings.
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11 | (8) Provide satisfactory assurances on behalf of the State | ||||||
12 | that fiscal control and fund accounting procedures will be | ||||||
13 | adopted by
the State that may be necessary to ensure proper
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14 | disbursement of and
account for federal funds paid to the State | ||||||
15 | as rail assistance.
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16 | (9) Comply with the regulations of the Secretary of
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17 | Transportation of the United States Department of | ||||||
18 | Transportation
affecting federal rail assistance funds.
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19 | (10) Review all impending rail abandonments and provide its
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20 | recommendations
on those abandonments to the federal Surface | ||||||
21 | Transportation Board Interstate Commerce Commission .
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22 | (Source: P.A. 91-239, eff. 1-1-00.)
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23 | (20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
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24 | Sec. 2705-430.
Railroad freight service assistance; lines
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25 | designated for discontinuation of service or subject to |
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1 | abandonment. The
Department
shall enter into agreements with | ||||||
2 | any railroad as necessary to
provide assistance for continuous | ||||||
3 | freight service on lines of railroads
within Illinois | ||||||
4 | designated for discontinuation of service by the United
States | ||||||
5 | Railway Association Final System Plan and not conveyed to a
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6 | railroad company other than Consolidated Rail Corporation. The | ||||||
7 | Department
may enter into such agreements with any railroad as | ||||||
8 | necessary to provide
assistance for continuous rail freight | ||||||
9 | service
on lines of railroads within Illinois subject to an | ||||||
10 | abandonment proceeding
in the federal Surface Transportation | ||||||
11 | Board Interstate Commerce Commission or classified as | ||||||
12 | potentially subject
to abandonment pursuant to Sections 10903 | ||||||
13 | through 10905 of Title 49 of the
United States Code or upon | ||||||
14 | which a certificate of discontinuance or abandonment
has been | ||||||
15 | issued. The
Department shall make rail continuation subsidy | ||||||
16 | payments pursuant to
the agreements. The agreements shall | ||||||
17 | provide for a
minimum level of
service at least equivalent to | ||||||
18 | that provided in calendar year 1975. The
agreements shall | ||||||
19 | conform to relevant federal law. The Department shall
determine | ||||||
20 | that all payments under this Section are eligible for federal
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21 | share reimbursement.
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22 | Any nonfederal share of the assistance provided under this | ||||||
23 | Section
shall be provided by the Department. The State share | ||||||
24 | may include funds,
grants, gifts, or donations from the federal | ||||||
25 | government, any local public
body, or any person.
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26 | Reimbursements shall be deposited in the State fund from |
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1 | which the
assistance was paid.
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2 | The Department shall provide technical assistance to any | ||||||
3 | local public
body or rail user to ensure that rail freight | ||||||
4 | services under
these
agreements are, to the extent possible, | ||||||
5 | adequate to the needs of
Illinois citizens.
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6 | The Department shall review the effects of the rail freight | ||||||
7 | service
assistance provided under this Section and shall report | ||||||
8 | the results of
its review to the General Assembly each year not | ||||||
9 | later than March 15,
reporting particularly on the service | ||||||
10 | provided through the
assistance,
the utilization of rail | ||||||
11 | freight service by shippers, and the cost
effectiveness of this | ||||||
12 | rail freight service assistance program in
relation to the | ||||||
13 | economy of this State .
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14 | The requirement for reporting to the General Assembly shall | ||||||
15 | be satisfied
by filing copies of the report with the Speaker, | ||||||
16 | the Minority Leader, and
the Clerk of the House of | ||||||
17 | Representatives and the President, the Minority
Leader, and the | ||||||
18 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
19 | required
by Section 3.1 of the General
Assembly Organization | ||||||
20 | Act and by filing additional
copies
with the State Government | ||||||
21 | Report Distribution Center for the General Assembly
as is | ||||||
22 | required under paragraph (t) of Section 7 of the State Library | ||||||
23 | Act.
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24 | For the purpose of promoting efficient rail freight | ||||||
25 | service, the Department
shall have the power to either grant or | ||||||
26 | loan funds to
any railroad or unit of local government in the |
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1 | State to maintain,
improve, and construct rail facilities. The | ||||||
2 | Department shall also have the
power to grant or loan funds to | ||||||
3 | any rail users located on an abandoned line,
unit of local | ||||||
4 | government, or an owner or lessee of an abandoned railroad
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5 | right-of-way to undertake substitute service projects that | ||||||
6 | reduce
the social,
economic, and
environmental costs | ||||||
7 | associated with the loss of a particular rail freight
service | ||||||
8 | in a manner less expensive than continuing that rail freight | ||||||
9 | service.
To facilitate the continuation of rail freight | ||||||
10 | services, the Department
shall have the power to purchase | ||||||
11 | railroad materials and supplies.
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12 | (Source: P.A. 91-239, eff. 1-1-00.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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