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91_HB3877 LRB9110507DHsb 1 AN ACT concerning railroad grade crossings, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Motor Fuel Tax Law is amended by changing 6 Section 8 as follows: 7 (35 ILCS 505/8) (from Ch. 120, par. 424) 8 Sec. 8. Except as provided in Sections 8a and 13a.6 and 9 items 13, 14, 15, and 16 of Section 15, all money received by 10 the Department under this Act, including payments made to the 11 Department by member jurisdictions participating in the 12 International Fuel Tax Agreement, shall be deposited in a 13 special fund in the State treasury, to be known as the "Motor 14 Fuel Tax Fund", and shall be used as follows: 15 (a) 2 1/2 cents per gallon of the tax collected on 16 special fuel under paragraph (b) of Section 2 and Section 13a 17 of this Act shall be transferred to the State Construction 18 Account Fund in the State Treasury; 19 (b) $420,000 shall be transferred each month to the 20 State Boating Act Fund to be used by the Department of 21 Natural Resources for the purposes specified in Article X of 22 the Boat Registration and Safety Act; 23 (c) $2,250,000 shall be transferred each month to the 24 Grade Crossing Protection Fund to be used as follows: not 25 less than $6,000,000 each fiscal year shall be used for the 26 construction or reconstruction of rail highway grade 27 separation structures; beginning with fiscal year 1997 and 28 ending in fiscal year 2003, $1,500,000, and $750,000 in 29 fiscal year 2004 and each fiscal year thereafter shall be 30 transferred to the Transportation Regulatory Fund and shall 31 be accounted for as part of the rail carrier portion of such -2- LRB9110507DHsb 1 funds and shall be used to pay the cost of administration of 2 the Illinois Commerce Commission's railroad safety program in 3 connection with its duties under subsection (3) of Section 4 18c-7401 of the Illinois Vehicle Code, with the remainder to 5 be used by the Department of Transportation upon order of the 6 Illinois Commerce Commission, to pay that part of the cost 7 apportioned by such Commission to the State to cover the 8 interest of the public in the use of highways, roads, or 9 streets in the county highway system, township and district 10 road system or municipal street system as defined in the 11 Illinois Highway Code, as the same may from time to time be 12 amended, for separation of grades, for installation, 13 construction or reconstruction of crossing protection or 14 reconstruction, alteration, relocation including construction 15 or improvement of any existing highway necessary for access 16 to property or improvement of any grade crossing including 17 the necessary highway approaches thereto of any railroad 18 across the highway or public road, to compensate a highway 19 authority in interest for the closure of a crossing that 20 otherwise would qualify for automatic warning devices, as 21 provided for in and in accordance with Section 18c-7401 of 22 the Illinois Vehicle Code. In entering orders for projects 23 for which payments from the Grade Crossing Protection Fund 24 will be made, the Commission shall account for expenditures 25 authorized by the orders on a cash rather than an accrual 26 basis. For purposes of this requirement an "accrual basis" 27 assumes that the total cost of the project is expended in the 28 fiscal year in which the order is entered, while a "cash 29 basis" allocates the cost of the project among fiscal years 30 as expenditures are actually made. To meet the requirements 31 of this subsection, the Illinois Commerce Commission shall 32 develop annual and 5-year project plans of rail crossing 33 capital improvements that will be paid for with moneys from 34 the Grade Crossing Protection Fund. The annual project plan -3- LRB9110507DHsb 1 shall identify projects for the succeeding fiscal year and 2 the 5-year project plan shall identify projects for the 5 3 directly succeeding fiscal years. The Commission shall 4 submit the annual and 5-year project plans for this Fund to 5 the Governor, the President of the Senate, the Senate 6 Minority Leader, the Speaker of the House of Representatives, 7 and the Minority Leader of the House of Representatives on 8 the first Wednesday in April of each year; 9 (d) of the amount remaining after allocations provided 10 for in subsections (a), (b) and (c), a sufficient amount 11 shall be reserved to pay all of the following: 12 (1) the costs of the Department of Revenue in 13 administering this Act; 14 (2) the costs of the Department of Transportation 15 in performing its duties imposed by the Illinois Highway 16 Code for supervising the use of motor fuel tax funds 17 apportioned to municipalities, counties and road 18 districts; 19 (3) refunds provided for in Section 13 of this Act 20 and under the terms of the International Fuel Tax 21 Agreement referenced in Section 14a; 22 (4) from October 1, 1985 until June 30, 1994, the 23 administration of the Vehicle Emissions Inspection Law, 24 which amount shall be certified monthly by the 25 Environmental Protection Agency to the State Comptroller 26 and shall promptly be transferred by the State 27 Comptroller and Treasurer from the Motor Fuel Tax Fund to 28 the Vehicle Inspection Fund, and beginning July 1, 1994, 29 and until December 31, 2000, one-twelfth of $25,000,000 30 each month for the administration of the Vehicle 31 Emissions Inspection Law of 1995, to be transferred by 32 the State Comptroller and Treasurer from the Motor Fuel 33 Tax Fund into the Vehicle Inspection Fund; 34 (5) amounts ordered paid by the Court of Claims; -4- LRB9110507DHsb 1 and 2 (6) payment of motor fuel use taxes due to member 3 jurisdictions under the terms of the International Fuel 4 Tax Agreement. The Department shall certify these 5 amounts to the Comptroller by the 15th day of each month; 6 the Comptroller shall cause orders to be drawn for such 7 amounts, and the Treasurer shall administer those amounts 8 on or before the last day of each month; 9 (e) after allocations for the purposes set forth in 10 subsections (a), (b), (c) and (d), the remaining amount shall 11 be apportioned as follows: 12 (1) Until January 1, 2000, 58.4%, and beginning 13 January 1, 2000, 45.6% shall be deposited as follows: 14 (A) 37% into the State Construction Account 15 Fund, and 16 (B) 63% into the Road Fund, $1,250,000 of 17 which shall be reserved each month for the 18 Department of Transportation to be used in 19 accordance with the provisions of Sections 6-901 20 through 6-906 of the Illinois Highway Code; 21 (2) Until January 1, 2000, 41.6%, and beginning 22 January 1, 2000, 54.4% shall be transferred to the 23 Department of Transportation to be distributed as 24 follows: 25 (A) 49.10% to the municipalities of the State, 26 (B) 16.74% to the counties of the State having 27 1,000,000 or more inhabitants, 28 (C) 18.27% to the counties of the State having 29 less than 1,000,000 inhabitants, 30 (D) 15.89% to the road districts of the State. 31 As soon as may be after the first day of each month the 32 Department of Transportation shall allot to each municipality 33 its share of the amount apportioned to the several 34 municipalities which shall be in proportion to the population -5- LRB9110507DHsb 1 of such municipalities as determined by the last preceding 2 municipal census if conducted by the Federal Government or 3 Federal census. If territory is annexed to any municipality 4 subsequent to the time of the last preceding census the 5 corporate authorities of such municipality may cause a census 6 to be taken of such annexed territory and the population so 7 ascertained for such territory shall be added to the 8 population of the municipality as determined by the last 9 preceding census for the purpose of determining the allotment 10 for that municipality. If the population of any municipality 11 was not determined by the last Federal census preceding any 12 apportionment, the apportionment to such municipality shall 13 be in accordance with any census taken by such municipality. 14 Any municipal census used in accordance with this Section 15 shall be certified to the Department of Transportation by the 16 clerk of such municipality, and the accuracy thereof shall be 17 subject to approval of the Department which may make such 18 corrections as it ascertains to be necessary. 19 As soon as may be after the first day of each month the 20 Department of Transportation shall allot to each county its 21 share of the amount apportioned to the several counties of 22 the State as herein provided. Each allotment to the several 23 counties having less than 1,000,000 inhabitants shall be in 24 proportion to the amount of motor vehicle license fees 25 received from the residents of such counties, respectively, 26 during the preceding calendar year. The Secretary of State 27 shall, on or before April 15 of each year, transmit to the 28 Department of Transportation a full and complete report 29 showing the amount of motor vehicle license fees received 30 from the residents of each county, respectively, during the 31 preceding calendar year. The Department of Transportation 32 shall, each month, use for allotment purposes the last such 33 report received from the Secretary of State. 34 As soon as may be after the first day of each month, the -6- LRB9110507DHsb 1 Department of Transportation shall allot to the several 2 counties their share of the amount apportioned for the use of 3 road districts. The allotment shall be apportioned among the 4 several counties in the State in the proportion which the 5 total mileage of township or district roads in the respective 6 counties bears to the total mileage of all township and 7 district roads in the State. Funds allotted to the respective 8 counties for the use of road districts therein shall be 9 allocated to the several road districts in the county in the 10 proportion which the total mileage of such township or 11 district roads in the respective road districts bears to the 12 total mileage of all such township or district roads in the 13 county. After July 1 of any year, no allocation shall be 14 made for any road district unless it levied a tax for road 15 and bridge purposes in an amount which will require the 16 extension of such tax against the taxable property in any 17 such road district at a rate of not less than either .08% of 18 the value thereof, based upon the assessment for the year 19 immediately prior to the year in which such tax was levied 20 and as equalized by the Department of Revenue or, in DuPage 21 County, an amount equal to or greater than $12,000 per mile 22 of road under the jurisdiction of the road district, 23 whichever is less. If any road district has levied a special 24 tax for road purposes pursuant to Sections 6-601, 6-602 and 25 6-603 of the Illinois Highway Code, and such tax was levied 26 in an amount which would require extension at a rate of not 27 less than .08% of the value of the taxable property thereof, 28 as equalized or assessed by the Department of Revenue, or, in 29 DuPage County, an amount equal to or greater than $12,000 per 30 mile of road under the jurisdiction of the road district, 31 whichever is less, such levy shall, however, be deemed a 32 proper compliance with this Section and shall qualify such 33 road district for an allotment under this Section. If a 34 township has transferred to the road and bridge fund money -7- LRB9110507DHsb 1 which, when added to the amount of any tax levy of the road 2 district would be the equivalent of a tax levy requiring 3 extension at a rate of at least .08%, or, in DuPage County, 4 an amount equal to or greater than $12,000 per mile of road 5 under the jurisdiction of the road district, whichever is 6 less, such transfer, together with any such tax levy, shall 7 be deemed a proper compliance with this Section and shall 8 qualify the road district for an allotment under this 9 Section. 10 In counties in which a property tax extension limitation 11 is imposed under the Property Tax Extension Limitation Law, 12 road districts may retain their entitlement to a motor fuel 13 tax allotment if, at the time the property tax extension 14 limitation was imposed, the road district was levying a road 15 and bridge tax at a rate sufficient to entitle it to a motor 16 fuel tax allotment and continues to levy the maximum 17 allowable amount after the imposition of the property tax 18 extension limitation. Any road district may in all 19 circumstances retain its entitlement to a motor fuel tax 20 allotment if it levied a road and bridge tax in an amount 21 that will require the extension of the tax against the 22 taxable property in the road district at a rate of not less 23 than 0.08% of the assessed value of the property, based upon 24 the assessment for the year immediately preceding the year in 25 which the tax was levied and as equalized by the Department 26 of Revenue or, in DuPage County, an amount equal to or 27 greater than $12,000 per mile of road under the jurisdiction 28 of the road district, whichever is less. 29 As used in this Section the term "road district" means 30 any road district, including a county unit road district, 31 provided for by the Illinois Highway Code; and the term 32 "township or district road" means any road in the township 33 and district road system as defined in the Illinois Highway 34 Code. For the purposes of this Section, "road district" also -8- LRB9110507DHsb 1 includes park districts, forest preserve districts and 2 conservation districts organized under Illinois law and 3 "township or district road" also includes such roads as are 4 maintained by park districts, forest preserve districts and 5 conservation districts. The Department of Transportation 6 shall determine the mileage of all township and district 7 roads for the purposes of making allotments and allocations 8 of motor fuel tax funds for use in road districts. 9 Payment of motor fuel tax moneys to municipalities and 10 counties shall be made as soon as possible after the 11 allotment is made. The treasurer of the municipality or 12 county may invest these funds until their use is required and 13 the interest earned by these investments shall be limited to 14 the same uses as the principal funds. 15 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98; 16 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99; 17 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff. 18 7-29-99; revised 8-23-99.) 19 Section 10. The Illinois Vehicle Code is amended by 20 changing Section 18c-7401 as follows: 21 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) 22 Sec. 18c-7401. Safety Requirements for Track, 23 Facilities, and Equipment. 24 (1) General Requirements. Each rail carrier shall, 25 consistent with rules, orders, and regulations of the Federal 26 Railroad Administration, construct, maintain, and operate all 27 of its equipment, track, and other property in this State in 28 such a manner as to pose no undue risk to its employees or 29 the person or property of any member of the public. 30 (2) Adoption of Federal Standards. The track safety 31 standards and accident/incident standards promulgated by the 32 Federal Railroad Administration shall be safety standards of -9- LRB9110507DHsb 1 the Commission. The Commission may, in addition, adopt by 2 reference in its regulations other federal railroad safety 3 standards, whether contained in federal statutes or in 4 regulations adopted pursuant to such statutes. 5 (3) Railroad Crossings. No public road, highway, or 6 street shall hereafter be constructed across the track of any 7 rail carrier at grade, nor shall the track of any rail 8 carrier be constructed across a public road, highway or 9 street at grade, without having first secured the permission 10 of the Commission; provided, that this Section shall not 11 apply to the replacement of lawfully existing roads, highways 12 and tracks. The Commission shall permit the construction of 13 a public road, highway, or street across the track of a rail 14 carrier (i) if, in its opinion, the public safety and public 15 convenience justify the grade crossing and (ii) upon a 16 determination that a grade separation structure is not a 17 viable alternative due to lack of funding or engineering 18 constraints or both. The Commission shall have the right to 19 refuse its permission or to grant it upon such terms and 20 conditions as it may prescribe. The Commission shall have 21 power to determine and prescribe the manner, including the 22 particular point of crossing, and the terms of installation, 23 operation, maintenance, use and protection of each such 24 crossing. 25 The Commission shall also have power, after a hearing, to 26 require major alteration of or to abolish any crossing, 27 heretofore or hereafter established, when in its opinion, the 28 public safety requires such alteration or abolition, and, 29 except in cities, villages and incorporated towns of 30 1,000,000 or more inhabitants, to vacate and close that part 31 of the highway on such crossing altered or abolished and 32 cause barricades to be erected across such highway in such 33 manner as to prevent the use of such crossing as a highway, 34 when, in the opinion of the Commission, the public -10- LRB9110507DHsb 1 convenience served by the crossing in question is not such as 2 to justify the further retention thereof; or to require a 3 separation of grades, at such crossings; or to require a 4 separation of grades at any proposed crossing where a 5 proposed public highway may cross the tracks of any rail 6 carrier or carriers; and to prescribe, after a hearing of the 7 parties, the terms upon which such separations shall be made 8 and the proportion in which the expense of the alteration or 9 abolition of such crossings or the separation of such grades, 10 having regard to the benefits, if any, accruing to the rail 11 carrier or any party in interest, shall be divided between 12 the rail carrier or carriers affected, or between such 13 carrier or carriers and the State, county, municipality or 14 other public authority in interest. However, a public 15 hearing by the Commission to abolish a crossing shall not be 16 required when the public highway authority in interest 17 vacates the highway. In such instance the rail carrier, 18 following notification to the Commission and the highway 19 authority, shall remove any grade crossing warning devices 20 and the grade crossing surface. The Commission shall attempt 21 to reduce the number of public grade crossings, as 22 recommended by the Federal Railroad Administration. 23 The Commission shall also have power by its order to 24 require the reconstruction, minor alteration, minor 25 relocation or improvement of any crossing (including the 26 necessary highway approaches thereto) of any railroad across 27 any highway or public road, whether such crossing be at grade 28 or by overhead structure or by subway, whenever the 29 Commission finds after a hearing or without a hearing as 30 otherwise provided in this paragraph that such 31 reconstruction, alteration, relocation or improvement is 32 necessary to preserve or promote the safety or convenience of 33 the public or of the employees or passengers of such rail 34 carrier or carriers. By its original order or supplemental -11- LRB9110507DHsb 1 orders in such case, the Commission may direct such 2 reconstruction, alteration, relocation, or improvement to be 3 made in such manner and upon such terms and conditions as may 4 be reasonable and necessary and may apportion the cost of 5 such reconstruction, alteration, relocation or improvement 6 and the subsequent maintenance thereof, having regard to the 7 benefits, if any, accruing to the railroad or any party in 8 interest, between the rail carrier or carriers and public 9 utilities affected, or between such carrier or carriers and 10 public utilities and the State, county, municipality or other 11 public authority in interest. The cost to be so apportioned 12 shall include the cost of changes or alterations in the 13 equipment of public utilities affected as well as the cost of 14 the relocation, diversion or establishment of any public 15 highway, made necessary by such reconstruction, alteration, 16 relocation or improvement of said crossing. A hearing shall 17 not be required in those instances when the Commission enters 18 an order confirming a written stipulation in which the 19 Commission, the public highway authority in interest, the 20 rail carrier or carriers affected, and in instances involving 21 the use of the Grade Crossing Protection Fund, the Illinois 22 Department of Transportation, agree on the reconstruction, 23 alteration, relocation, or improvement and the subsequent 24 maintenance thereof and the division of costs of such changes 25 of any grade crossing (including the necessary highway 26 approaches thereto) of any railroad across any highway. 27 Every rail carrier operating in the State of Illinois 28 shall construct and maintain every highway crossing over its 29 tracks within the State so that the roadway at the 30 intersection shall be as flush with the rails as 31 superelevated curves will allow, and, unless otherwise 32 ordered by the Commission, shall construct and maintain the 33 approaches thereto at a grade of not more than 5% within the 34 right of way for a distance of not less the 6 feet on each -12- LRB9110507DHsb 1 side of the centerline of such tracks; provided, that the 2 grades at the approaches may be maintained in excess of 5% 3 only when authorized by the Commission. 4 Every rail carrier operating within this State shall 5 remove from its right of way at all grade crossings within 6 the State, such brush, shrubbery, and trees as is reasonably 7 practical for a distance of not less than 500 feet in either 8 direction from each grade crossing. The Commission shall have 9 power, upon its own motion, or upon complaint, and after 10 having made proper investigation, to require the installation 11 of adequate and appropriate luminous reflective warning 12 signs, luminous flashing signals, crossing gates illuminated 13 at night, or other protective devices in order to promote and 14 safeguard the health and safety of the public. Luminous 15 flashing signal or crossing gate devices installed at grade 16 crossings, which have been approved by the Commission, shall 17 be deemed adequate and appropriate. The Commission shall have 18 authority to determine the number, type, and location of such 19 signs, signals, gates, or other protective devices which, 20 however, shall conform as near as may be with generally 21 recognized national standards, and the Commission shall have 22 authority to prescribe the division of the cost of the 23 installation and subsequent maintenance of such signs, 24 signals, gates, or other protective devices between the rail 25 carrier or carriers, the public highway authority in 26 interest, and in instances involving the use of the Grade 27 Crossing Protection Fund, the Illinois Department of 28 Transportation. 29 No railroad may change or modify the warning device 30 system at a railroad-highway grade crossing, including 31 warning systems interconnected with highway traffic control 32 signals, without having first received the approval of the 33 Commission. The Commission shall have the further power, 34 upon application, upon its own motion, or upon complaint and -13- LRB9110507DHsb 1 after having made proper investigation, to require the 2 interconnection of grade crossing warning devices with 3 traffic control signals at highway intersections located at 4 or near railroad crossings within the distances described by 5 the State Manual on Uniform Traffic Control Devices adopted 6 pursuant to Section 11-301 of this Code. In addition, State 7 and local authorities may not install, remove, modernize, or 8 otherwise modify traffic control signals at a highway 9 intersection that is interconnected or proposed to be 10 interconnected with grade crossing warning devices when the 11 change affects the number, type, or location of traffic 12 control devices on the track approach leg or legs of the 13 intersection or the timing of the railroad preemption 14 sequence of operation until the Commission has approved the 15 installation, removal, modernization, or modification. 16 Commission approval shall be limited to consideration of 17 issues directly affecting the public safety at the 18 railroad-highway grade crossing. The electrical circuit 19 devices, alternate warning devices, and preemption sequences 20 shall conform as nearly as possible, considering the 21 particular characteristics of the crossing and intersection 22 area, to the State manual adopted by the Illinois Department 23 of Transportation pursuant to Section 11-301 of this Code and 24 such federal standards as are made applicable by subsection 25 (2) of this Section. In order to carry out this authority, 26 the Commission shall have the authority to determine the 27 number, type, and location of traffic control devices on the 28 track approach leg or legs of the intersection and the timing 29 of the railroad preemption sequence of operation. The 30 Commission shall prescribe the division of costs for 31 installation and maintenance of all devices required by this 32 paragraph between the railroad or railroads and the highway 33 authority in interest and in instances involving the use of 34 the Grade Crossing Protection Fund or a State highway, the -14- LRB9110507DHsb 1 Illinois Department of Transportation. 2 Any person who unlawfully or maliciously removes, throws 3 down, damages or defaces any sign, signal, gate or other 4 protective device, located at or near any public grade 5 crossing, shall be guilty of a petty offense and fined not 6 less than $50 nor more than $200 for each offense. In 7 addition to fines levied under the provisions of this Section 8 a person adjudged guilty hereunder may also be directed to 9 make restitution for the costs of repair or replacement, or 10 both, necessitated by his misconduct. 11It is the public policy of the State of Illinois to12enhance public safety by establishing safe grade crossings.13In order to implement this policy, the Illinois Commerce14Commission is directed to conduct public hearings and to15adopt specific criteria by July 1, 1994, that shall be16adhered to by the Illinois Commerce Commission in determining17if a grade crossing should be opened or abolished. The18following factors shall be considered by the Illinois19Commerce Commission in developing the specific criteria for20opening and abolishing grade crossings:21(a) timetable speed of passenger trains;22(b) distance to an alternate crossing;23(c) accident history for the last 5 years;24(d) number of vehicular traffic and posted speed25limits;26(e) number of freight trains and their timetable27speeds;28(f) the type of warning device present at the grade29crossing;30(g) alignments of the roadway and railroad, and the31angle of intersection of those alignments;32(h) use of the grade crossing by trucks carrying33hazardous materials, vehicles carrying passengers for34hire, and school buses; and-15- LRB9110507DHsb 1(i) use of the grade crossing by emergency2vehicles.3The Illinois Commerce Commission, upon petition to open4or abolish a grade crossing, shall enter an order opening or5abolishing the crossing if it meets the specific criteria6adopted by the Commission.7 Except as otherwise provided in this subsection (3), in 8 no instance shall a grade crossing be permanently closed 9 without public hearing first being held and notice of such 10 hearing being published in an area newspaper of local general 11 circulation. 12 (4) Freight Trains - Radio Communications. The 13 Commission shall after hearing and order require that every 14 main line railroad freight train operating on main tracks 15 outside of yard limits within this State shall be equipped 16 with a radio communication system. The Commission after 17 notice and hearing may grant exemptions from the requirements 18 of this Section as to secondary and branch lines. 19 (5) Railroad Bridges and Trestles - Walkway and 20 Handrail. In cases in which the Commission finds the same to 21 be practical and necessary for safety of railroad employees, 22 bridges and trestles, over and upon which railroad trains are 23 operated, shall include as a part thereof, a safe and 24 suitable walkway and handrail on one side only of such bridge 25 or trestle, and such handrail shall be located at the outer 26 edge of the walkway and shall provide a clearance of not less 27 than 8 feet, 6 inches, from the center line of the nearest 28 track, measured at right angles thereto. 29 (6) Packages Containing Articles for First Aid to 30 Injured on Trains. All rail carriers shall provide a package 31 containing the articles prescribed by the Commission, on each 32 train or engine, for first aid to persons who may be injured 33 in the course of the operation of such trains. 34 (7) Abandoned Bridges, Crossings, and Other Rail Plant. -16- LRB9110507DHsb 1 The Commission shall have authority, after notice and 2 hearing, to order: 3 (a) The removal of any abandoned railroad tracks 4 from roads, streets or other thoroughfares in this State; 5 and 6 (b) The removal of abandoned overhead railroad 7 structures crossing highways, waterways, or railroads. 8 The Commission may equitably apportion the cost of such 9 actions between the rail carrier or carriers, public 10 utilities, and the State, county, municipality, township, 11 road district, or other public authority in interest. 12 (8) Railroad-Highway Bridge Clearance. A vertical 13 clearance of not less than 23 feet above the top of rail 14 shall be provided for all new or reconstructed highway 15 bridges constructed over a railroad track. The Commission 16 may permit a lesser clearance if it determines that the 23 17 foot clearance standard cannot be justified based on 18 engineering, operational, and economic conditions. 19 (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.