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91_HB0431ham001 LRB9101378KSsbam 1 AMENDMENT TO HOUSE BILL 431 2 AMENDMENT NO. . Amend House Bill 431 by replacing 3 the title with the following: 4 "AN ACT concerning railroads, amending named Acts."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Motor Fuel Tax Law is amended by 8 changing Section 8 as follows: 9 (35 ILCS 505/8) (from Ch. 120, par. 424) 10 Sec. 8. Except as provided in Section 8a, all money 11 received by the Department under this Act, including payments 12 made to the Department by member jurisdictions participating 13 in the International Fuel Tax Agreement, shall be deposited 14 in a special fund in the State treasury, to be known as the 15 "Motor Fuel Tax Fund", and shall be used as follows: 16 (a) 2 1/2 cents per gallon of the tax collected on 17 special fuel under paragraph (b) of Section 2 and Section 13a 18 of this Act shall be transferred to the State Construction 19 Account Fund in the State Treasury; 20 (b) $420,000 shall be transferred each month to the 21 State Boating Act Fund to be used by the Department of -2- LRB9101378KSsbam 1 Natural Resources for the purposes specified in Article X of 2 the Boat Registration and Safety Act; 3 (c) $1,500,000 shall be transferred each month to the 4 Grade Crossing Protection Fund to be used as follows: not 5 less than $6,000,000 each fiscal year shall be used for the 6 construction or reconstruction of rail highway grade 7 separation structures; beginning with fiscal year 1997 and 8 ending in fiscal year 2002
1999, $1,500,000, and $750,000 in 9 fiscal year 2003 2000and each fiscal year thereafter shall 10 be transferred to the Transportation Regulatory Fund and 11 shall be accounted for as part of the rail carrier portion of 12 such funds and shall be used to pay the cost of 13 administration of the Illinois Commerce Commission's railroad 14 safety program in connection with its duties under subsection 15 (3) of Section 18c-7401 of the Illinois Vehicle Code, with 16 the remainder to be used by the Department of Transportation 17 upon order of the Illinois Commerce Commission, to pay that 18 part of the cost apportioned by such Commission to the State 19 to cover the interest of the public in the use of highways, 20 roads or streets in the county highway system, township and 21 district road system or municipal street system as defined in 22 the Illinois Highway Code, as the same may from time to time 23 be amended, for separation of grades, for installation, 24 construction, orreconstruction, or maintenance of crossing 25 protection devices or reconstruction, alteration, relocation 26 including construction or improvement of any existing highway 27 necessary for access to property or improvement of any grade 28 crossing including the necessary highway approaches thereto 29 of any railroad across the highway or public road, or for 30 costs of maintenance, repair, reconstruction, or replacement 31 of the grade crossing surface structure, or to compensate a 32 highway authority in interest for the closure of a crossing 33 that otherwise would qualify for automatic warning devices, 34 as provided for in and in accordance with Section 18c-7401 of -3- LRB9101378KSsbam 1 the Illinois Vehicle Code. In entering orders for projects 2 for which payments from the Grade Crossing Protection Fund 3 will be made, the Commission shall account for expenditures 4 authorized by the orders on a cash rather than an accrual 5 basis. For purposes of this requirement an "accrual basis" 6 assumes that the total cost of the project is expended in the 7 fiscal year in which the order is entered, while a "cash 8 basis" allocates the cost of the project among fiscal years 9 as expenditures are actually made. To meet the requirements 10 of this subsection, the Illinois Commerce Commission shall 11 develop annual and 5-year project plans of rail crossing 12 capital improvements that will be paid for with moneys from 13 the Grade Crossing Protection Fund. The annual project plan 14 shall identify projects for the succeeding fiscal year and 15 the 5-year project plan shall identify projects for the 5 16 directly succeeding fiscal years. The Commission shall 17 submit the annual and 5-year project plans for this Fund to 18 the Governor, the President of the Senate, the Senate 19 Minority Leader, the Speaker of the House of Representatives, 20 and the Minority Leader of the House of Representatives on 21 the first Wednesday in April of each year; 22 (d) of the amount remaining after allocations provided 23 for in subsections (a), (b) and (c), a sufficient amount 24 shall be reserved to pay all of the following: 25 (1) the costs of the Department of Revenue in 26 administering this Act; 27 (2) the costs of the Department of Transportation 28 in performing its duties imposed by the Illinois Highway 29 Code for supervising the use of motor fuel tax funds 30 apportioned to municipalities, counties and road 31 districts; 32 (3) refunds provided for in Section 13 of this Act 33 and under the terms of the International Fuel Tax 34 Agreement referenced in Section 14a; -4- LRB9101378KSsbam 1 (4) from October 1, 1985 until June 30, 1994, the 2 administration of the Vehicle Emissions Inspection Law, 3 which amount shall be certified monthly by the 4 Environmental Protection Agency to the State Comptroller 5 and shall promptly be transferred by the State 6 Comptroller and Treasurer from the Motor Fuel Tax Fund to 7 the Vehicle Inspection Fund, and beginning July 1, 1994, 8 and until December 31, 2000, one-twelfth of $25,000,000 9 each month for the administration of the Vehicle 10 Emissions Inspection Law of 1995, to be transferred by 11 the State Comptroller and Treasurer from the Motor Fuel 12 Tax Fund into the Vehicle Inspection Fund; 13 (5) amounts ordered paid by the Court of Claims; 14 and 15 (6) payment of motor fuel use taxes due to member 16 jurisdictions under the terms of the International Fuel 17 Tax Agreement. The Department shall certify these 18 amounts to the Comptroller by the 15th day of each month; 19 the Comptroller shall cause orders to be drawn for such 20 amounts, and the Treasurer shall administer those amounts 21 on or before the last day of each month; 22 (e) after allocations for the purposes set forth in 23 subsections (a), (b), (c) and (d), the remaining amount shall 24 be apportioned as follows: 25 (1) 58.4% shall be deposited as follows: 26 (A) 37% into the State Construction Account 27 Fund, and 28 (B) 63% into the Road Fund, $1,250,000 of 29 which shall be reserved each month for the 30 Department of Transportation to be used in 31 accordance with the provisions of Sections 6-901 32 through 6-906 of the Illinois Highway Code; 33 (2) 41.6% shall be transferred to the Department of 34 Transportation to be distributed as follows: -5- LRB9101378KSsbam 1 (A) 49.10% to the municipalities of the State, 2 (B) 16.74% to the counties of the State having 3 1,000,000 or more inhabitants, 4 (C) 18.27% to the counties of the State having 5 less than 1,000,000 inhabitants, 6 (D) 15.89% to the road districts of the State. 7 As soon as may be after the first day of each month the 8 Department of Transportation shall allot to each municipality 9 its share of the amount apportioned to the several 10 municipalities which shall be in proportion to the population 11 of such municipalities as determined by the last preceding 12 municipal census if conducted by the Federal Government or 13 Federal census. If territory is annexed to any municipality 14 subsequent to the time of the last preceding census the 15 corporate authorities of such municipality may cause a census 16 to be taken of such annexed territory and the population so 17 ascertained for such territory shall be added to the 18 population of the municipality as determined by the last 19 preceding census for the purpose of determining the allotment 20 for that municipality. If the population of any municipality 21 was not determined by the last Federal census preceding any 22 apportionment, the apportionment to such municipality shall 23 be in accordance with any census taken by such municipality. 24 Any municipal census used in accordance with this Section 25 shall be certified to the Department of Transportation by the 26 clerk of such municipality, and the accuracy thereof shall be 27 subject to approval of the Department which may make such 28 corrections as it ascertains to be necessary. 29 As soon as may be after the first day of each month the 30 Department of Transportation shall allot to each county its 31 share of the amount apportioned to the several counties of 32 the State as herein provided. Each allotment to the several 33 counties having less than 1,000,000 inhabitants shall be in 34 proportion to the amount of motor vehicle license fees -6- LRB9101378KSsbam 1 received from the residents of such counties, respectively, 2 during the preceding calendar year. The Secretary of State 3 shall, on or before April 15 of each year, transmit to the 4 Department of Transportation a full and complete report 5 showing the amount of motor vehicle license fees received 6 from the residents of each county, respectively, during the 7 preceding calendar year. The Department of Transportation 8 shall, each month, use for allotment purposes the last such 9 report received from the Secretary of State. 10 As soon as may be after the first day of each month, the 11 Department of Transportation shall allot to the several 12 counties their share of the amount apportioned for the use of 13 road districts. The allotment shall be apportioned among the 14 several counties in the State in the proportion which the 15 total mileage of township or district roads in the respective 16 counties bears to the total mileage of all township and 17 district roads in the State. Funds allotted to the respective 18 counties for the use of road districts therein shall be 19 allocated to the several road districts in the county in the 20 proportion which the total mileage of such township or 21 district roads in the respective road districts bears to the 22 total mileage of all such township or district roads in the 23 county. After July 1 of any year, no allocation shall be 24 made for any road district unless it levied a tax for road 25 and bridge purposes in an amount which will require the 26 extension of such tax against the taxable property in any 27 such road district at a rate of not less than either .08% of 28 the value thereof, based upon the assessment for the year 29 immediately prior to the year in which such tax was levied 30 and as equalized by the Department of Revenue or, in DuPage 31 County, an amount equal to or greater than $12,000 per mile 32 of road under the jurisdiction of the road district, 33 whichever is less. If any road district has levied a special 34 tax for road purposes pursuant to Sections 6-601, 6-602 and -7- LRB9101378KSsbam 1 6-603 of the Illinois Highway Code, and such tax was levied 2 in an amount which would require extension at a rate of not 3 less than .08% of the value of the taxable property thereof, 4 as equalized or assessed by the Department of Revenue, or, in 5 DuPage County, an amount equal to or greater than $12,000 per 6 mile of road under the jurisdiction of the road district, 7 whichever is less, such levy shall, however, be deemed a 8 proper compliance with this Section and shall qualify such 9 road district for an allotment under this Section. If a 10 township has transferred to the road and bridge fund money 11 which, when added to the amount of any tax levy of the road 12 district would be the equivalent of a tax levy requiring 13 extension at a rate of at least .08%, or, in DuPage County, 14 an amount equal to or greater than $12,000 per mile of road 15 under the jurisdiction of the road district, whichever is 16 less, such transfer, together with any such tax levy, shall 17 be deemed a proper compliance with this Section and shall 18 qualify the road district for an allotment under this 19 Section. 20 In counties in which a property tax extension limitation 21 is imposed under the Property Tax Extension Limitation Law, 22 road districts may retain their entitlement to a motor fuel 23 tax allotment if, at the time the property tax extension 24 limitation was imposed, the road district was levying a road 25 and bridge tax at a rate sufficient to entitle it to a motor 26 fuel tax allotment and continues to levy the maximum 27 allowable amount after the imposition of the property tax 28 extension limitation. Any road district may in all 29 circumstances retain its entitlement to a motor fuel tax 30 allotment if it levied a road and bridge tax in an amount 31 that will require the extension of the tax against the 32 taxable property in the road district at a rate of not less 33 than 0.08% of the assessed value of the property, based upon 34 the assessment for the year immediately preceding the year in -8- LRB9101378KSsbam 1 which the tax was levied and as equalized by the Department 2 of Revenue or, in DuPage County, an amount equal to or 3 greater than $12,000 per mile of road under the jurisdiction 4 of the road district, whichever is less. 5 As used in this Section the term "road district" means 6 any road district, including a county unit road district, 7 provided for by the Illinois Highway Code; and the term 8 "township or district road" means any road in the township 9 and district road system as defined in the Illinois Highway 10 Code. For the purposes of this Section, "road district" also 11 includes park districts, forest preserve districts and 12 conservation districts organized under Illinois law and 13 "township or district road" also includes such roads as are 14 maintained by park districts, forest preserve districts and 15 conservation districts. The Department of Transportation 16 shall determine the mileage of all township and district 17 roads for the purposes of making allotments and allocations 18 of motor fuel tax funds for use in road districts. 19 Payment of motor fuel tax moneys to municipalities and 20 counties shall be made as soon as possible after the 21 allotment is made. The treasurer of the municipality or 22 county may invest these funds until their use is required and 23 the interest earned by these investments shall be limited to 24 the same uses as the principal funds. 25 (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96; 26 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff. 27 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised 28 9-16-98.) 29 Section 10. The Illinois Vehicle Code is amended by 30 changing Section 18c-7401 as follows: 31 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 32 Sec. 18c-7401. Safety Requirements for Track, -9- LRB9101378KSsbam 1 Facilities, and Equipment. 2 (1) General Requirements. Each rail carrier shall, 3 consistent with rules, orders, and regulations of the Federal 4 Railroad Administration, construct, maintain, and operate all 5 of its equipment, track, and other property in this State in 6 such a manner as to pose no undue risk to its employees or 7 the person or property of any member of the public. 8 (2) Adoption of Federal Standards. The track safety 9 standards and accident/incident standards promulgated by the 10 Federal Railroad Administration shall be safety standards of 11 the Commission. The Commission may, in addition, adopt by 12 reference in its regulations other federal railroad safety 13 standards, whether contained in federal statutes or in 14 regulations adopted pursuant to such statutes. 15 (3) Railroad Crossings. 16 No public road, highway, or street shall hereafter be 17 constructed across the track of any rail carrier at grade, 18 nor shall the track of any rail carrier be constructed across 19 a public road, highway or street at grade, without having 20 first secured the permission of the Commission; provided, 21 that this Section shall not apply to the replacement of 22 lawfully existing roads, highways and tracks. The Commission 23 shall permit the construction of a public road, highway, or 24 street across the track of a rail carrier (i) if, in its 25 opinion, the public safety and public convenience justify 26 the grade crossing and (ii) upon a determination that a grade 27 separation structure is not a viable alternative due to lack 28 of funding, or engineering constraints, or both. The 29 Commission shall have the right to refuse its permission or 30 to grant it upon such terms and conditions as it may 31 prescribe. The Commission shall have power to determine and 32 prescribe the manner, including the particular point of 33 crossing, and the terms of installation, operation, 34 maintenance, use and protection of each such crossing. The -10- LRB9101378KSsbam 1 Commission shall apportion all maintenance costs between the 2 highway authority in interest and the rail carrier based on 3 the benefits each party derives from the installation of a 4 new grade crossing. The Commission may allocate moneys from 5 the Grade Crossing Protection Fund to pay for all or part of 6 these costs. 7 The Commission shall also have power, after a hearing, to 8 require major alteration of or to abolish any crossing, 9 heretofore or hereafter established, when in its opinion, the 10 public safety requires such alteration or abolition, and, 11 except in cities, villages and incorporated towns of 12 1,000,000 or more inhabitants, to vacate and close that part 13 of the highway on such crossing altered or abolished and 14 cause barricades to be erected across such highway in such 15 manner as to prevent the use of such crossing as a highway, 16 when, in the opinion of the Commission, the public 17 convenience served by the crossing in question is not such as 18 to justify the further retention thereof; or to require a 19 separation of grades, at such crossings; or to require a 20 separation of grades at any proposed crossing where a 21 proposed public highway may cross the tracks of any rail 22 carrier or carriers; and to prescribe, after a hearing of the 23 parties, the terms upon which such separations shall be made 24 and the proportion in which the expense of the alteration or 25 abolition of such crossings or the separation of such grades, 26 having regard to the benefits, if any, accruing to the rail 27 carrier or any party in interest, shall be divided between 28 the rail carrier or carriers affected, or between such 29 carrier or carriers and the State, county, municipality or 30 other public authority in interest. However, a public 31 hearing by the Commission to abolish a crossing shall not be 32 required when the public highway authority in interest 33 vacates the highway. In such instance the rail carrier, 34 following notification to the Commission and the highway -11- LRB9101378KSsbam 1 authority, shall remove any grade crossing warning devices 2 and the grade crossing surface. The Commission shall endeavor 3 to achieve a reduction in public grade crossings as 4 recommended by the Federal Railroad Administration. 5 The Commission shall also have power by its order to 6 require the reconstruction, minor alteration, minor 7 relocation or improvement of any crossing (including the 8 necessary highway approaches thereto) of any railroad across 9 any highway or public road, whether such crossing be at grade 10 or by overhead structure or by subway, whenever the 11 Commission finds after a hearing or without a hearing as 12 otherwise provided in this paragraph that such 13 reconstruction, alteration, relocation or improvement is 14 necessary to preserve or promote the safety or convenience of 15 the public or of the employees or passengers of such rail 16 carrier or carriers. By its original order or supplemental 17 orders in such case, the Commission may direct such 18 reconstruction, alteration, relocation, or improvement to be 19 made in such manner and upon such terms and conditions as may 20 be reasonable and necessary and may apportion the cost of 21 such reconstruction, alteration, relocation or improvement 22 and the subsequent maintenance thereof, having regard to the 23 benefits, if any, accruing to the railroad or any party in 24 interest, between the rail carrier or carriers and public 25 utilities affected, or between such carrier or carriers and 26 public utilities and the State, county, municipality or other 27 public authority in interest. The cost to be so apportioned 28 shall include the cost of changes or alterations in the 29 equipment of public utilities affected as well as the cost of 30 the relocation, diversion or establishment of any public 31 highway, made necessary by such reconstruction, alteration, 32 relocation or improvement of said crossing. A hearing shall 33 not be required in those instances when the Commission enters 34 an order confirming a written stipulation in which the -12- LRB9101378KSsbam 1 Commission, the public highway authority in interest, the 2 rail carrier or carriers affected, and in instances involving 3 the use of the Grade Crossing Protection Fund, the Illinois 4 Department of Transportation, agree on the reconstruction, 5 alteration, relocation, or improvement and the subsequent 6 maintenance thereof and the division of costs of such changes 7 of any grade crossing (including the necessary highway 8 approaches thereto) of any railroad across any highway. 9 Every rail carrier operating in the State of Illinois 10 shall construct and maintain every highway crossing over its 11 tracks within the State so that the roadway at the 12 intersection shall be as flush with the rails as 13 superelevated curves will allow, and, unless otherwise 14 ordered by the Commission, shall construct and maintain the 15 approaches thereto at a grade of not more than 5% within the 16 right of way for a distance of not less the 6 feet on each 17 side of the centerline of such tracks; provided, that the 18 grades at the approaches may be maintained in excess of 5% 19 only when authorized by the Commission. 20 Every rail carrier operating within this State shall 21 remove from its right of way at all grade crossings within 22 the State, such brush, shrubbery, and trees as is reasonably 23 practical for a distance of not less than 500 feet in either 24 direction from each grade crossing. The Commission shall have 25 power, upon its own motion, or upon complaint, and after 26 having made proper investigation, to require the installation 27 of adequate and appropriate luminous reflective warning 28 signs, luminous flashing signals, crossing gates illuminated 29 at night, or other protective devices in order to promote and 30 safeguard the health and safety of the public. Luminous 31 flashing signal or crossing gate devices installed at grade 32 crossings, which have been approved by the Commission, shall 33 be deemed adequate and appropriate. The Commission shall have 34 authority to determine the number, type, and location of such -13- LRB9101378KSsbam 1 signs, signals, gates, or other protective devices which, 2 however, shall conform as near as may be with generally 3 recognized national standards, and the Commission shall have 4 authority to prescribe the division of the cost of the 5 installation and subsequent maintenance of such signs, 6 signals, gates, or other protective devices between the rail 7 carrier or carriers, the public highway authority in 8 interest, and in instances involving the use of the Grade 9 Crossing Protection Fund, the Illinois Department of 10 Transportation. 11 No railroad may change or modify the warning device 12 system at a railroad-highway grade crossing, including 13 warning systems interconnected with highway traffic control 14 signals, without having first received the approval of the 15 Commission. The Commission shall have the further power, 16 upon application, upon its own motion, or upon complaint and 17 after having made proper investigation, to require the 18 interconnection of grade crossing warning devices with 19 traffic control signals at highway intersections located at 20 or near railroad crossings within the distances described by 21 the State Manual on Uniform Traffic Control Devices adopted 22 pursuant to Section 11-301 of this Code. In addition, State 23 and local authorities may not install, remove, modernize, or 24 otherwise modify traffic control signals at a highway 25 intersection that is interconnected or proposed to be 26 interconnected with grade crossing warning devices when the 27 change affects the number, type, or location of traffic 28 control devices on the track approach leg or legs of the 29 intersection or the timing of the railroad preemption 30 sequence of operation until the Commission has approved the 31 installation, removal, modernization, or modification. 32 Commission approval shall be limited to consideration of 33 issues directly affecting the public safety at the 34 railroad-highway grade crossing. The electrical circuit -14- LRB9101378KSsbam 1 devices, alternate warning devices, and preemption sequences 2 shall conform as nearly as possible, considering the 3 particular characteristics of the crossing and intersection 4 area, to the State manual adopted by the Illinois Department 5 of Transportation pursuant to Section 11-301 of this Code and 6 such federal standards as are made applicable by subsection 7 (2) of this Section. In order to carry out this authority, 8 the Commission shall have the authority to determine the 9 number, type, and location of traffic control devices on the 10 track approach leg or legs of the intersection and the timing 11 of the railroad preemption sequence of operation. The 12 Commission shall prescribe the division of costs for 13 installation and maintenance of all devices required by this 14 paragraph between the railroad or railroads and the highway 15 authority in interest and in instances involving the use of 16 the Grade Crossing Protection Fund or a State highway, the 17 Illinois Department of Transportation. 18 Any person who unlawfully or maliciously removes, throws 19 down, damages or defaces any sign, signal, gate or other 20 protective device, located at or near any public grade 21 crossing, shall be guilty of a petty offense and fined not 22 less than $50 nor more than $200 for each offense. In 23 addition to fines levied under the provisions of this Section 24 a person adjudged guilty hereunder may also be directed to 25 make restitution for the costs of repair or replacement, or 26 both, necessitated by his misconduct. 27 It is the public policy of the State of Illinois to28 enhance public safety by establishing safe grade crossings.29 In order to implement this policy, the Illinois Commerce30 Commission is directed to conduct public hearings and to31 adopt specific criteria by July 1, 1994, that shall be32 adhered to by the Illinois Commerce Commission in determining33 if a grade crossing should be opened or abolished. The34 following factors shall be considered by the Illinois-15- LRB9101378KSsbam 1 Commerce Commission in developing the specific criteria for2 opening and abolishing grade crossings:3 (a) timetable speed of passenger trains;4 (b) distance to an alternate crossing;5 (c) accident history for the last 5 years;6 (d) number of vehicular traffic and posted speed7 limits;8 (e) number of freight trains and their timetable9 speeds;10 (f) the type of warning device present at the grade11 crossing;12 (g) alignments of the roadway and railroad, and the13 angle of intersection of those alignments;14 (h) use of the grade crossing by trucks carrying15 hazardous materials, vehicles carrying passengers for16 hire, and school buses; and17 (i) use of the grade crossing by emergency18 vehicles.19 The Illinois Commerce Commission, upon petition to open20 or abolish a grade crossing, shall enter an order opening or21 abolishing the crossing if it meets the specific criteria22 adopted by the Commission.23 Except as otherwise provided in this subsection (3), in 24 no instance shall a grade crossing be permanently closed 25 without public hearing first being held and notice of such 26 hearing being published in an area newspaper of local general 27 circulation. 28 (4) Freight Trains - Radio Communications. The 29 Commission shall after hearing and order require that every 30 main line railroad freight train operating on main tracks 31 outside of yard limits within this State shall be equipped 32 with a radio communication system. The Commission after 33 notice and hearing may grant exemptions from the requirements 34 of this Section as to secondary and branch lines. -16- LRB9101378KSsbam 1 (5) Railroad Bridges and Trestles - Walkway and 2 Handrail. In cases in which the Commission finds the same to 3 be practical and necessary for safety of railroad employees, 4 bridges and trestles, over and upon which railroad trains are 5 operated, shall include as a part thereof, a safe and 6 suitable walkway and handrail on one side only of such bridge 7 or trestle, and such handrail shall be located at the outer 8 edge of the walkway and shall provide a clearance of not less 9 than 8 feet, 6 inches, from the center line of the nearest 10 track, measured at right angles thereto. 11 (6) Packages Containing Articles for First Aid to 12 Injured on Trains. All rail carriers shall provide a package 13 containing the articles prescribed by the Commission, on each 14 train or engine, for first aid to persons who may be injured 15 in the course of the operation of such trains. 16 (7) Abandoned Bridges, Crossings, and Other Rail Plant. 17 The Commission shall have authority, after notice and 18 hearing, to order: 19 (a) The removal of any abandoned railroad tracks 20 from roads, streets or other thoroughfares in this State; 21 and 22 (b) The removal of abandoned overhead railroad 23 structures crossing highways, waterways, or railroads. 24 The Commission may equitably apportion the cost of such 25 actions between the rail carrier or carriers, public 26 utilities, and the State, county, municipality, township, 27 road district, or other public authority in interest. 28 (8) Railroad-Highway Bridge Clearance. A vertical 29 clearance of not less than 23 feet above the top of rail 30 shall be provided for all new or reconstructed highway 31 bridges constructed over a railroad track. The Commission 32 may permit a lesser clearance if it determines that the 23 33 foot clearance standard cannot be justified based on 34 engineering, operational, and economic conditions. -17- LRB9101378KSsbam 1 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.) 2 Section 99. Effective date. This Act takes effect July 3 1, 1999.".
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