Bill Text: IL SB1376 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-400 and 2705-430 as follows:
(20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
Sec. 2705-400. Authorization concerning rail assistance
funds. The Department is hereby authorized to exercise those
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:
(1) Establish a State plan for rail transportation and
local rail services, including projects funded under Section
2705-435.
(2) Administer and coordinate the State plan.
(3) Provide in the plan for the equitable distribution of
federal rail assistance funds among State, local, and regional
transportation authorities.
(4) Develop or assist the development of local or regional

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rail plans.
(5) Promote, supervise, and support safe, adequate, and
efficient rail services in accordance with the provisions and
limitations of Public Act 79-834.
(6) Employ sufficient trained and qualified personnel for
these purposes.
(7) Maintain, in accordance with the provisions and
limitations of Public Act 79-834, adequate programs of
investigation, research, promotion, and development in
connection with these purposes and provide for public hearings.
(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
disbursement of and account for federal funds paid to the State
as rail assistance.
(9) Comply with the regulations of the Secretary of
Transportation of the United States Department of
Transportation affecting federal rail assistance funds.
(10) Review all impending rail abandonments and provide its
recommendations on those abandonments to the federal Surface
Transportation Board Interstate Commerce Commission.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
Sec. 2705-430. Railroad freight service assistance; lines
designated for discontinuation of service or subject to

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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
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
share reimbursement.
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.
Reimbursements shall be deposited in the State fund from

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which the assistance was paid.
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.
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.
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.
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

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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
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.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.