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(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 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 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 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.
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 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. 100-430, eff. 8-25-17.)
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