The Grade Crossing Protection Fund was established by the State legislature to assist in funding projects to provide greater safety and convenience to the public at rail-highway crossings on local roads and streets. It cannot be used for crossings on State highways. The Fund is administered by the Illinois Department of Transportation, and is used only upon order of the Illinois Commerce Commission.

The Fund can be used for the following categories of work:

1. The construction or reconstruction of rail-highway grade separation structures.

2. The installation or reconstruction of crossing protection.

3. The reconstruction, alteration, or relocation of any existing highway necessary for access to property, which results from modification of one or more crossings.

4. Improvement of any grade crossing, including necessary highway approaches.

Application for use of the Fund may be made by either a petition on behalf of the local highway authority to the Illinois Commerce Commission, or by initiation of proceedings by stipulated agreement.

The petition procedure must be used if a new public crossing is to be established, an existing crossing closed, or major construction on a grade separation is involved. The stipulated agreement procedure can be used in all other cases, provided the highway authority, railroad, IDOT, and Commission staff are in agreement as to what is needed at the crossing.

The petition procedure is described in the Bureau of Local Roads and Streets booklet "The ILLINOIS GRADE CROSSING PROTECTION FUND, Use-Operation-Administration" dated January 1974. The petition should be submitted to Mrs. Rose Claggett, Chief Clerk, Illinois Commerce Commission, 527 E. Capitol Ave., Springfield, Ill. 62706; with copies to the railroad; IDOT; and other interested parties. A public hearing will then be scheduled — usually at the Commission's offices in Chicago (for northern Illinois locations, roughly north of Interstate 80) or Springfield.

Although strict court procedures are not followed, a hearing officer will preside at the hearing. It is highly recommended that the petitioner be represented by an attorney or someone who has had experience before the Commission. Following the hearing, the hearing officer will examine and weigh the evidence presented and prepare an Order for the Commission's approval. The Order is a legally binding document upon all parties to the hearing, except as it may be altered through formal appeal.

The stipulated agreement procedure may be initiated by the staff of the Commission, or by letter from the public agency, IDOT, or railroad. If you wish to initiate a stipulated agreement, write to Mr. Bernard L. Morris, Chief Railroad Engineer, Illinois Commerce Commission, 527 East Capitol, Springfield, Ill. 62706. Normally, Commission staff members will schedule an on-site meeting with representatives of the public agency, railroad and IDOT. If all parties are in agreement concerning the nature and scope of work, the railroad and public agency will be requested to furnish preliminary estimates of cost for any work to be performed respectively by them. The Commission then prepares a stipulated fiscal and work agreement which clearly defines the work to be accomplished and establishes responsibilities. Following execution by all parties, the Commission then issues an order containing the provisions of the agreement.

The Commission's present policy is to contribute no more than one-third of the cost of grade separation structures. Protective devices for at-grade crossings are usually funded 85 percent from the Fund, 10 percent from local agency funds and 5 percent by the railroad.

__________________________________________

Credits to: Ellis Hutcheson, Special Programs Engineer.

May 1983 / Illinois Municipal Review / Page 15

The railroad is held responsible for all future maintenance costs. Occasionally, a nearby crossing is closed as a part of the procedure. That closing is considered to be the local agency's contribution, and the Fund will provide the local agency's share of the cost of the protective devices. Often the local agency performs a considerable amount of work on the roadway approaches to improve vertical or horizontal alignment. This work is usually not paid from the Fund but is considered as the local agency's share of the cost of the protective devices.

Provision for wider crossing surfaces or higher type crossing surfaces depends upon the circumstances. Utilization of the Fund for reconstruction of approach roads to meet the requirements of General Order 138 again varies with the circumstance, but it can be as much as 100 percent in the case of access roads made necessary by a crossing closure.

If you need any assistance, please contact your District Bureau of Local Roads and Streets or my office.

Page 16 / Illinois Municipal Review / May 1983