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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
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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 2000 and 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, or reconstruction, 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
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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;
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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:
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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 to
28 enhance public safety by establishing safe grade crossings.
29 In order to implement this policy, the Illinois Commerce
30 Commission is directed to conduct public hearings and to
31 adopt specific criteria by July 1, 1994, that shall be
32 adhered to by the Illinois Commerce Commission in determining
33 if a grade crossing should be opened or abolished. The
34 following factors shall be considered by the Illinois
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1 Commerce Commission in developing the specific criteria for
2 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 speed
7 limits;
8 (e) number of freight trains and their timetable
9 speeds;
10 (f) the type of warning device present at the grade
11 crossing;
12 (g) alignments of the roadway and railroad, and the
13 angle of intersection of those alignments;
14 (h) use of the grade crossing by trucks carrying
15 hazardous materials, vehicles carrying passengers for
16 hire, and school buses; and
17 (i) use of the grade crossing by emergency
18 vehicles.
19 The Illinois Commerce Commission, upon petition to open
20 or abolish a grade crossing, shall enter an order opening or
21 abolishing the crossing if it meets the specific criteria
22 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.
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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.
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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.".