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


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: Bipartisan Bill

Status: (Engrossed) 2017-05-23 - Placed on Calendar 2nd Reading - Short Debate [SB1376 Detail]

Download: Illinois-2017-SB1376-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by changing
6Sections 2705-400 and 2705-430 as follows:
7 (20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
8 Sec. 2705-400. Authorization concerning rail assistance
9funds. The Department is hereby authorized to exercise those
10powers necessary for the State to qualify for rail assistance
11funds pursuant to the provisions of the federal Regional Rail
12Reorganization Act of 1973, the Railroad Revitalization and
13Regulatory Reform Act of 1976, or other relevant federal or
14State legislation, including but not limited to authority to do
15the following:
16 (1) Establish a State plan for rail transportation and
17local rail services, including projects funded under Section
182705-435.
19 (2) Administer and coordinate the State plan.
20 (3) Provide in the plan for the equitable distribution of
21federal rail assistance funds among State, local, and regional
22transportation authorities.
23 (4) Develop or assist the development of local or regional

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1rail plans.
2 (5) Promote, supervise, and support safe, adequate, and
3efficient rail services in accordance with the provisions and
4limitations of Public Act 79-834.
5 (6) Employ sufficient trained and qualified personnel for
6these purposes.
7 (7) Maintain, in accordance with the provisions and
8limitations of Public Act 79-834, adequate programs of
9investigation, research, promotion, and development in
10connection with these purposes and provide for public hearings.
11 (8) Provide satisfactory assurances on behalf of the State
12that fiscal control and fund accounting procedures will be
13adopted by the State that may be necessary to ensure proper
14disbursement of and account for federal funds paid to the State
15as rail assistance.
16 (9) Comply with the regulations of the Secretary of
17Transportation of the United States Department of
18Transportation affecting federal rail assistance funds.
19 (10) Review all impending rail abandonments and provide its
20recommendations on those abandonments to the federal Surface
21Transportation Board Interstate Commerce Commission.
22(Source: P.A. 91-239, eff. 1-1-00.)
23 (20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
24 Sec. 2705-430. Railroad freight service assistance; lines
25designated for discontinuation of service or subject to

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1abandonment. The Department shall enter into agreements with
2any railroad as necessary to provide assistance for continuous
3freight service on lines of railroads within Illinois
4designated for discontinuation of service by the United States
5Railway Association Final System Plan and not conveyed to a
6railroad company other than Consolidated Rail Corporation. The
7Department may enter into such agreements with any railroad as
8necessary to provide assistance for continuous rail freight
9service on lines of railroads within Illinois subject to an
10abandonment proceeding in the federal Surface Transportation
11Board Interstate Commerce Commission or classified as
12potentially subject to abandonment pursuant to Sections 10903
13through 10905 of Title 49 of the United States Code or upon
14which a certificate of discontinuance or abandonment has been
15issued. The Department shall make rail continuation subsidy
16payments pursuant to the agreements. The agreements shall
17provide for a minimum level of service at least equivalent to
18that provided in calendar year 1975. The agreements shall
19conform to relevant federal law. The Department shall determine
20that all payments under this Section are eligible for federal
21share reimbursement.
22 Any nonfederal share of the assistance provided under this
23Section shall be provided by the Department. The State share
24may include funds, grants, gifts, or donations from the federal
25government, any local public body, or any person.
26 Reimbursements shall be deposited in the State fund from

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1which the assistance was paid.
2 The Department shall provide technical assistance to any
3local public body or rail user to ensure that rail freight
4services under these agreements are, to the extent possible,
5adequate to the needs of Illinois citizens.
6 The Department shall review the effects of the rail freight
7service assistance provided under this Section and shall report
8the results of its review to the General Assembly each year not
9later than March 15, reporting particularly on the service
10provided through the assistance, the utilization of rail
11freight service by shippers, and the cost effectiveness of this
12rail freight service assistance program in relation to the
13economy of this State.
14 The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader, and the Clerk of the House of
17Representatives and the President, the Minority Leader, and the
18Secretary of the Senate and the Legislative Research Unit, as
19required by Section 3.1 of the General Assembly Organization
20Act and by filing additional copies with the State Government
21Report Distribution Center for the General Assembly as is
22required under paragraph (t) of Section 7 of the State Library
23Act.
24 For the purpose of promoting efficient rail freight
25service, the Department shall have the power to either grant or
26loan funds to any railroad or unit of local government in the

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1State to maintain, improve, and construct rail facilities. The
2Department shall also have the power to grant or loan funds to
3any rail users located on an abandoned line, unit of local
4government, or an owner or lessee of an abandoned railroad
5right-of-way to undertake substitute service projects that
6reduce the social, economic, and environmental costs
7associated with the loss of a particular rail freight service
8in a manner less expensive than continuing that rail freight
9service. To facilitate the continuation of rail freight
10services, the Department shall have the power to purchase
11railroad materials and supplies.
12(Source: P.A. 91-239, eff. 1-1-00.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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