Rep. Camille Y. Lilly

Filed: 11/1/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1204

2    AMENDMENT NO. ______. Amend Senate Bill 1204 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Motor Fuel Tax Law is amended by changing
5Section 8 as follows:
 
6    (35 ILCS 505/8)  (from Ch. 120, par. 424)
7    Sec. 8. Except as provided in Section 8a, subdivision
8(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
916 of Section 15, all money received by the Department under
10this Act, including payments made to the Department by member
11jurisdictions participating in the International Fuel Tax
12Agreement, shall be deposited in a special fund in the State
13treasury, to be known as the "Motor Fuel Tax Fund", and shall
14be used as follows:
15    (a) 2 1/2 cents per gallon of the tax collected on special
16fuel under paragraph (b) of Section 2 and Section 13a of this

 

 

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1Act shall be transferred to the State Construction Account Fund
2in the State Treasury;
3    (b) $420,000 shall be transferred each month to the State
4Boating Act Fund to be used by the Department of Natural
5Resources for the purposes specified in Article X of the Boat
6Registration and Safety Act;
7    (c) $3,500,000 shall be transferred each month to the Grade
8Crossing Protection Fund to be used as follows: not less than
9$12,000,000 each fiscal year shall be used for the construction
10or reconstruction of rail highway grade separation structures;
11$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
12fiscal year 2010 and each fiscal year thereafter shall be
13transferred to the Transportation Regulatory Fund and shall be
14accounted for as part of the rail carrier portion of such funds
15and shall be used to pay the cost of administration of the
16Illinois Commerce Commission's railroad safety program in
17connection with its duties under subsection (3) of Section
1818c-7401 of the Illinois Vehicle Code, with the remainder to be
19used by the Department of Transportation upon order of the
20Illinois Commerce Commission, to pay that part of the cost
21apportioned by such Commission to the State to cover the
22interest of the public in the use of highways, roads, streets,
23or pedestrian walkways in the county highway system, township
24and district road system, or municipal street system as defined
25in the Illinois Highway Code, together with any projects
26authorized under the Grand Avenue Railroad Relocation

 

 

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1Authority Act and the Elmwood Park Grade Separation Act, as
2provided in Section 4-302.5 of the Public Utilities Act, as the
3same may from time to time be amended, for separation of
4grades, for installation, construction or reconstruction of
5crossing protection or reconstruction, alteration, relocation
6including construction or improvement of any existing highway
7necessary for access to property or improvement of any grade
8crossing and grade crossing surface including the necessary
9highway approaches thereto of any railroad across the highway
10or public road, or for the installation, construction,
11reconstruction, or maintenance of a pedestrian walkway over or
12under a railroad right-of-way, as provided for in and in
13accordance with Section 18c-7401 of the Illinois Vehicle Code.
14The Commission may order up to $2,000,000 per year in Grade
15Crossing Protection Fund moneys for the improvement of grade
16crossing surfaces and up to $300,000 per year for the
17maintenance and renewal of 4-quadrant gate vehicle detection
18systems located at non-high speed rail grade crossings. The
19Commission shall not order more than $2,000,000 per year in
20Grade Crossing Protection Fund moneys for pedestrian walkways.
21In entering orders for projects for which payments from the
22Grade Crossing Protection Fund will be made, the Commission
23shall account for expenditures authorized by the orders on a
24cash rather than an accrual basis. For purposes of this
25requirement an "accrual basis" assumes that the total cost of
26the project is expended in the fiscal year in which the order

 

 

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1is entered, while a "cash basis" allocates the cost of the
2project among fiscal years as expenditures are actually made.
3To meet the requirements of this subsection, the Illinois
4Commerce Commission shall develop annual and 5-year project
5plans of rail crossing capital improvements that will be paid
6for with moneys from the Grade Crossing Protection Fund. The
7annual project plan shall identify projects for the succeeding
8fiscal year and the 5-year project plan shall identify projects
9for the 5 directly succeeding fiscal years. The Commission
10shall submit the annual and 5-year project plans for this Fund
11to the Governor, the President of the Senate, the Senate
12Minority Leader, the Speaker of the House of Representatives,
13and the Minority Leader of the House of Representatives on the
14first Wednesday in April of each year;
15    (d) of the amount remaining after allocations provided for
16in subsections (a), (b) and (c), a sufficient amount shall be
17reserved to pay all of the following:
18        (1) the costs of the Department of Revenue in
19    administering this Act;
20        (2) the costs of the Department of Transportation in
21    performing its duties imposed by the Illinois Highway Code
22    for supervising the use of motor fuel tax funds apportioned
23    to municipalities, counties and road districts;
24        (3) refunds provided for in Section 13, refunds for
25    overpayment of decal fees paid under Section 13a.4 of this
26    Act, and refunds provided for under the terms of the

 

 

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1    International Fuel Tax Agreement referenced in Section
2    14a;
3        (4) from October 1, 1985 until June 30, 1994, the
4    administration of the Vehicle Emissions Inspection Law,
5    which amount shall be certified monthly by the
6    Environmental Protection Agency to the State Comptroller
7    and shall promptly be transferred by the State Comptroller
8    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
9    Inspection Fund, and for the period July 1, 1994 through
10    June 30, 2000, one-twelfth of $25,000,000 each month, for
11    the period July 1, 2000 through June 30, 2003, one-twelfth
12    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
13    and $15,000,000 on January 1, 2004, and $15,000,000 on each
14    July 1 and October 1, or as soon thereafter as may be
15    practical, during the period July 1, 2004 through June 30,
16    2012, and $30,000,000 on June 1, 2013, or as soon
17    thereafter as may be practical, and $15,000,000 on July 1
18    and October 1, or as soon thereafter as may be practical,
19    during the period of July 1, 2013 through June 30, 2014,
20    for the administration of the Vehicle Emissions Inspection
21    Law of 2005, to be transferred by the State Comptroller and
22    Treasurer from the Motor Fuel Tax Fund into the Vehicle
23    Inspection Fund;
24        (5) amounts ordered paid by the Court of Claims; and
25        (6) payment of motor fuel use taxes due to member
26    jurisdictions under the terms of the International Fuel Tax

 

 

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1    Agreement. The Department shall certify these amounts to
2    the Comptroller by the 15th day of each month; the
3    Comptroller shall cause orders to be drawn for such
4    amounts, and the Treasurer shall administer those amounts
5    on or before the last day of each month;
6    (e) after allocations for the purposes set forth in
7subsections (a), (b), (c) and (d), the remaining amount shall
8be apportioned as follows:
9        (1) Until January 1, 2000, 58.4%, and beginning January
10    1, 2000, 45.6% shall be deposited as follows:
11            (A) 37% into the State Construction Account Fund,
12        and
13            (B) 63% into the Road Fund, $1,250,000 of which
14        shall be reserved each month for the Department of
15        Transportation to be used in accordance with the
16        provisions of Sections 6-901 through 6-906 of the
17        Illinois Highway Code;
18        (2) Until January 1, 2000, 41.6%, and beginning January
19    1, 2000, 54.4% shall be transferred to the Department of
20    Transportation to be distributed as follows:
21            (A) 49.10% to the municipalities of the State,
22            (B) 16.74% to the counties of the State having
23        1,000,000 or more inhabitants,
24            (C) 18.27% to the counties of the State having less
25        than 1,000,000 inhabitants,
26            (D) 15.89% to the road districts of the State.

 

 

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1    As soon as may be after the first day of each month the
2Department of Transportation shall allot to each municipality
3its share of the amount apportioned to the several
4municipalities which shall be in proportion to the population
5of such municipalities as determined by the last preceding
6municipal census if conducted by the Federal Government or
7Federal census. If territory is annexed to any municipality
8subsequent to the time of the last preceding census the
9corporate authorities of such municipality may cause a census
10to be taken of such annexed territory and the population so
11ascertained for such territory shall be added to the population
12of the municipality as determined by the last preceding census
13for the purpose of determining the allotment for that
14municipality. If the population of any municipality was not
15determined by the last Federal census preceding any
16apportionment, the apportionment to such municipality shall be
17in accordance with any census taken by such municipality. Any
18municipal census used in accordance with this Section shall be
19certified to the Department of Transportation by the clerk of
20such municipality, and the accuracy thereof shall be subject to
21approval of the Department which may make such corrections as
22it ascertains to be necessary.
23    As soon as may be after the first day of each month the
24Department of Transportation shall allot to each county its
25share of the amount apportioned to the several counties of the
26State as herein provided. Each allotment to the several

 

 

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1counties having less than 1,000,000 inhabitants shall be in
2proportion to the amount of motor vehicle license fees received
3from the residents of such counties, respectively, during the
4preceding calendar year. The Secretary of State shall, on or
5before April 15 of each year, transmit to the Department of
6Transportation a full and complete report showing the amount of
7motor vehicle license fees received from the residents of each
8county, respectively, during the preceding calendar year. The
9Department of Transportation shall, each month, use for
10allotment purposes the last such report received from the
11Secretary of State.
12    As soon as may be after the first day of each month, the
13Department of Transportation shall allot to the several
14counties their share of the amount apportioned for the use of
15road districts. The allotment shall be apportioned among the
16several counties in the State in the proportion which the total
17mileage of township or district roads in the respective
18counties bears to the total mileage of all township and
19district roads in the State. Funds allotted to the respective
20counties for the use of road districts therein shall be
21allocated to the several road districts in the county in the
22proportion which the total mileage of such township or district
23roads in the respective road districts bears to the total
24mileage of all such township or district roads in the county.
25After July 1 of any year prior to 2011, no allocation shall be
26made for any road district unless it levied a tax for road and

 

 

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1bridge purposes in an amount which will require the extension
2of such tax against the taxable property in any such road
3district at a rate of not less than either .08% of the value
4thereof, based upon the assessment for the year immediately
5prior to the year in which such tax was levied and as equalized
6by the Department of Revenue or, in DuPage County, an amount
7equal to or greater than $12,000 per mile of road under the
8jurisdiction of the road district, whichever is less. Beginning
9July 1, 2011 and each July 1 thereafter, an allocation shall be
10made for any road district if it levied a tax for road and
11bridge purposes. In counties other than DuPage County, if the
12amount of the tax levy requires the extension of the tax
13against the taxable property in the road district at a rate
14that is less than 0.08% of the value thereof, based upon the
15assessment for the year immediately prior to the year in which
16the tax was levied and as equalized by the Department of
17Revenue, then the amount of the allocation for that road
18district shall be a percentage of the maximum allocation equal
19to the percentage obtained by dividing the rate extended by the
20district by 0.08%. In DuPage County, if the amount of the tax
21levy requires the extension of the tax against the taxable
22property in the road district at a rate that is less than the
23lesser of (i) 0.08% of the value of the taxable property in the
24road district, based upon the assessment for the year
25immediately prior to the year in which such tax was levied and
26as equalized by the Department of Revenue, or (ii) a rate that

 

 

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1will yield an amount equal to $12,000 per mile of road under
2the jurisdiction of the road district, then the amount of the
3allocation for the road district shall be a percentage of the
4maximum allocation equal to the percentage obtained by dividing
5the rate extended by the district by the lesser of (i) 0.08% or
6(ii) the rate that will yield an amount equal to $12,000 per
7mile of road under the jurisdiction of the road district.
8    Prior to 2011, if any road district has levied a special
9tax for road purposes pursuant to Sections 6-601, 6-602 and
106-603 of the Illinois Highway Code, and such tax was levied in
11an amount which would require extension at a rate of not less
12than .08% of the value of the taxable property thereof, as
13equalized or assessed by the Department of Revenue, or, in
14DuPage County, an amount equal to or greater than $12,000 per
15mile of road under the jurisdiction of the road district,
16whichever is less, such levy shall, however, be deemed a proper
17compliance with this Section and shall qualify such road
18district for an allotment under this Section. Beginning in 2011
19and thereafter, if any road district has levied a special tax
20for road purposes under Sections 6-601, 6-602, and 6-603 of the
21Illinois Highway Code, and the tax was levied in an amount that
22would require extension at a rate of not less than 0.08% of the
23value of the taxable property of that road district, as
24equalized or assessed by the Department of Revenue or, in
25DuPage County, an amount equal to or greater than $12,000 per
26mile of road under the jurisdiction of the road district,

 

 

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1whichever is less, that levy shall be deemed a proper
2compliance with this Section and shall qualify such road
3district for a full, rather than proportionate, allotment under
4this Section. If the levy for the special tax is less than
50.08% of the value of the taxable property, or, in DuPage
6County if the levy for the special tax is less than the lesser
7of (i) 0.08% or (ii) $12,000 per mile of road under the
8jurisdiction of the road district, and if the levy for the
9special tax is more than any other levy for road and bridge
10purposes, then the levy for the special tax qualifies the road
11district for a proportionate, rather than full, allotment under
12this Section. If the levy for the special tax is equal to or
13less than any other levy for road and bridge purposes, then any
14allotment under this Section shall be determined by the other
15levy for road and bridge purposes.
16    Prior to 2011, if a township has transferred to the road
17and bridge fund money which, when added to the amount of any
18tax levy of the road district would be the equivalent of a tax
19levy requiring extension at a rate of at least .08%, or, in
20DuPage County, an amount equal to or greater than $12,000 per
21mile of road under the jurisdiction of the road district,
22whichever is less, such transfer, together with any such tax
23levy, shall be deemed a proper compliance with this Section and
24shall qualify the road district for an allotment under this
25Section.
26    In counties in which a property tax extension limitation is

 

 

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1imposed under the Property Tax Extension Limitation Law, road
2districts may retain their entitlement to a motor fuel tax
3allotment or, beginning in 2011, their entitlement to a full
4allotment if, at the time the property tax extension limitation
5was imposed, the road district was levying a road and bridge
6tax at a rate sufficient to entitle it to a motor fuel tax
7allotment and continues to levy the maximum allowable amount
8after the imposition of the property tax extension limitation.
9Any road district may in all circumstances retain its
10entitlement to a motor fuel tax allotment or, beginning in
112011, its entitlement to a full allotment if it levied a road
12and bridge tax in an amount that will require the extension of
13the tax against the taxable property in the road district at a
14rate of not less than 0.08% of the assessed value of the
15property, based upon the assessment for the year immediately
16preceding the year in which the tax was levied and as equalized
17by the Department of Revenue or, in DuPage County, an amount
18equal to or greater than $12,000 per mile of road under the
19jurisdiction of the road district, whichever is less.
20    As used in this Section the term "road district" means any
21road district, including a county unit road district, provided
22for by the Illinois Highway Code; and the term "township or
23district road" means any road in the township and district road
24system as defined in the Illinois Highway Code. For the
25purposes of this Section, "township or district road" also
26includes such roads as are maintained by park districts, forest

 

 

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1preserve districts and conservation districts. The Department
2of Transportation shall determine the mileage of all township
3and district roads for the purposes of making allotments and
4allocations of motor fuel tax funds for use in road districts.
5    Payment of motor fuel tax moneys to municipalities and
6counties shall be made as soon as possible after the allotment
7is made. The treasurer of the municipality or county may invest
8these funds until their use is required and the interest earned
9by these investments shall be limited to the same uses as the
10principal funds.
11(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
12eff. 6-19-13.)
 
13    Section 10. The Elmwood Park Grade Separation Authority Act
14is amended by changing Sections 5, 15, 35, 50, and 100 as
15follows:
 
16    (70 ILCS 1935/5)
17    Sec. 5. Definitions. As used in this Act:
18    "Authority" means the Elmwood Park Grade Separation
19Authority.
20    "Person" includes an individual, partnership, firm, public
21or private corporation, and government or unit of government.
22    "Railroad" or "Railroads" means the Northeast Illinois
23Regional Commuter Railroad Corporation, created under
24subsection (a) of Section 2.20 of the Regional Transportation

 

 

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1Authority Act, Canadian Pacific Railway and other railroads
2operating or owning trackage or right-of-way within the area of
3the Authority.
4    "Village" means the Village of Elmwood Park.
5(Source: P.A. 98-564, eff. 8-27-13.)
 
6    (70 ILCS 1935/15)
7    Sec. 15. Creation; duration; termination of the Authority.
8There is created a body politic and corporate, a unit of local
9government, named the Elmwood Park Grade Separation Authority
10that embraces that portion of Leyden Township within the
11Village of Elmwood Park, Cook County, Illinois. The Authority
12shall continue in existence until the accomplishment of its
13objectives or until the Authority officials resolve that it is
14impossible or economically unfeasible to fulfill its
15objectives. Objectives of the Authority include the grade
16separation of railroad tracks from the right-of-way of Grand
17Avenue in the Village of Elmwood Park, the relocation of
18railroad tracks and roadway to facilitate the grade separation,
19and other necessary, related improvements to the right-of-way
20and at-grade crossing closure within the Village of Elmwood
21Park. The Authority shall be dissolved upon its voluntary
22termination or 6 months after the first use of the railway on
23the grade separation structure by a Railroad. Upon termination
24or dissolution of the Authority after the construction of the
25grade separation project, the Department of Transportation

 

 

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1shall own and maintain the grade separation structure and the
2Northeast Illinois Regional Commuter Railroad Corporation
3Canadian Pacific Railway Company shall own and maintain the
4railway along the grade separation structure.
5(Source: P.A. 98-564, eff. 8-27-13.)
 
6    (70 ILCS 1935/35)
7    Sec. 35. Acceptance of grants, loans, and appropriations.
8The Authority has the power to apply for and accept grants,
9loans, advances, and appropriations from the federal
10government and from the State of Illinois, or any agency or
11instrumentality thereof, to be used for the purposes of the
12Authority, and to enter into any agreement in relation to such
13grants, loans, advances, and appropriations. The Authority may
14also accept from the State, or any State agency, department, or
15commission, any county or other political subdivision, any
16municipal corporation, any Railroads, school authorities, or
17jointly therefrom, grants of funds or services for any of the
18purposes of this Act. The Authority shall be treated as a rail
19carrier subject to the Illinois Commerce Commission's
20jurisdiction and eligible to receive money from the Grade
21Crossing Protection Fund, any fund of the State, or other
22source available for purposes of promoting safety and
23separation of at-grade railroad crossings or highway
24improvements.
25    The Illinois Commerce Commission Crossing Safety

 

 

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1Improvement Program FY 2014-2018 Plan shall be revised to
2include this Authority's grade separation project as one of the
3bridge projects contemplated for FY 2015 through FY 2018, and
4funds from the Grade Crossing Protection Fund shall be
5allocated in the FY 2015 through FY 2018 Plan for said grade
6separation project. No Order of the Illinois Commerce
7Commission shall be effective or binding on the Authority to
8construct the grade separation project unless the federal
9government, the State of Illinois, or any agency or
10instrumentality thereof has granted or appropriated sufficient
11funds for the construction of the grade separation project and
12the Authority is in receipt of those funds. Notwithstanding,
13the Illinois Commerce Commission shall not withhold approval of
14the construction of the Authority's grade separation project or
15the issuance of any Orders that authorize the construction of
16the Authority's grade separation project.
17(Source: P.A. 98-564, eff. 8-27-13.)
 
18    (70 ILCS 1935/50)
19    Sec. 50. Board; composition; qualification; compensation
20and expenses. The Authority shall be governed by a 7 9-member
21board consisting of members appointed by the Governor with the
22advice and consent of the Senate. Five members shall be voting
23members and 2 4 members shall be non-voting members. The voting
24members shall consist of the following:
25        (1) two former public officials who served within the

 

 

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1    Township of Leyden or the Village of Elmwood Park and are
2    recommended to the Governor by the Village President of the
3    Village of Elmwood Park;
4        (2) one current employee two prior employees of the
5    Northeast Illinois Regional Commuter Railroad Corporation
6    Canadian Pacific Railway with management experience; and
7        (3) one current employee of Canadian Pacific Railway;
8    and
9        (4) (3) one resident of the Township of Leyden or the
10    Village of Elmwood Park.
11    The non-voting members shall consist of the following:
12        (1) the Village President of the Village of Elmwood
13    Park; and
14        (2) one current employee of Canadian Pacific Railway
15    with management experience;
16        (3) one current employee of Northeast Illinois
17    Regional Commuter Railroad Corporation with management
18    experience; and
19        (2) (4) one current employee of the Department of
20    Transportation with management experience.
21    The members of the board shall serve without compensation,
22but may be reimbursed for actual expenses incurred by them in
23the performance of their duties prescribed by the Authority.
24However, any member of the board who serves as secretary or
25treasurer may receive compensation for services as that
26officer.

 

 

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1(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
 
2    (70 ILCS 1935/100)
3    Sec. 100. Construction. Nothing in this Act shall be
4construed to confer upon the Authority the right, power, or
5duty to order or enforce the abandonment of any present
6property of the railroads or the use in substitution therefor
7of any property acquired for the railroads in the absence of a
8contract duly executed by the railroads and the Authority
9setting forth the terms and conditions upon which relocation of
10the right-of-way and physical facilities of the railroads is to
11be accomplished. No such contract shall be or become
12enforceable until the provisions of the contract have been
13approved or authorized by the Illinois Commerce Commission.
14    Any construction improvements to signaling or any other
15aspect of the grade separation project dictated by the Railroad
16or the Northeast Illinois Regional Commuter Railroad
17Corporation shall be paid for respectively by the Railroad or
18the Northeast Illinois Regional Commuter Railroad Corporation.
19     The Railroad or the Northeast Illinois Regional Commuter
20Railroad Corporation, or both, shall specifically pay any and
21all costs associated with any upgrades to the railway.
22(Source: P.A. 98-564, eff. 8-27-13.)
 
23    Section 15. The Public Utilities Act is amended by adding
24Section 4-302.5 as follows:
 

 

 

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1    (220 ILCS 5/4-302.5 new)
2    Sec. 4-302.5. Notwithstanding any provision of law to the
3contrary, the Commission shall have the jurisdiction provided
4in Section 35 of the Grand Avenue Railroad Relocation Authority
5Act and in Section 35 of the Elmwood Park Grade Separation
6Authority Act. The jurisdiction provided under those Acts
7includes the authority to use funds from the Grade Crossing
8Protection Fund to reimburse the Grand Avenue Railroad
9Relocation Authority or the Elmwood Park Grade Separation
10Authority, in an amount not to exceed $12 million, for the
11construction of a grade separation to replace the existing
12Grand Avenue highway-rail grade crossing of tracks owned by the
13Northeast Illinois Regional Commuter Railroad Corporation,
14without regard to whether all or part of the crossing is within
15the jurisdiction of the Illinois Department of Transportation,
16the Regional Transportation Authority or any subdivision or
17unit thereof, or any other State agency or unit of local
18government.
19    The Commission's Crossing Safety Improvement Program FY
202014-2018 Plan shall be revised to include the Elmwood Park
21Grade Separation Authority's grade separation project as one of
22the bridge projects contemplated for FY 2015 through FY 2018,
23and funds from the Grade Crossing Protection Fund shall be
24allocated in the FY 2015 through FY 2018 Plan for said grade
25separation project, as provided under Section 35 of the Elmwood

 

 

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1Park Grade Separation Authority Act.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".