HB2629ham001 104TH GENERAL ASSEMBLY

Rep. Mary Beth Canty

Filed: 3/27/2026

10400HB2629ham001 LRB104 09342 LNS 35618 a

AMENDMENT TO HOUSE BILL 2629

AMENDMENT NO. ______. Amend House Bill 2629 by replacing everything after the enacting clause with the following:

"Article 1.

Section 1-1. This Act may be referred to as the Transportation Choices Act.

Section 1-5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Sections 2705-705, 2705-710, 2705-715, 2705-720, 2705-725, 2705-730, 2705-735, 2705-740, 2705-745, 2705-750, 2705-755, and 2705-760 as follows:

(20 ILCS 2705/2705-705 new)

Sec. 2705-705. Findings. The General Assembly finds and declares that:

(1) The State's surface transportation system is a vital component of the State's economy and must be strengthened and improved to keep the State's economy competitive.

(2) Building and maintaining the State's surface transportation system is a significant source of employment and the system itself supports a wide variety of jobs and businesses.

(3) Transportation planning and investment must be modernized and focus on:

(A) improving access to life destinations;

(B) infrastructure that benefits the greatest number of people, including non-drivers;

(C) reducing emissions;

(D) providing affordable options;

(E) facilitating safe trips; and

(F) using transportation investments to support infill development and housing production to reduce State infrastructure maintenance burden and provide more housing options for the public.

(4) Transportation planning and investment decision-making must not be conducted in isolation, and must include consideration of public policies and practices regarding housing and land use.

(5) In Public Act 103-589, the General Assembly authorized $400,000,000 or as much as might be necessary to be used for transportation related purposes by a variety of local governments. When the Department announced the funding in May 2025 with a deadline for applications just one month later, the Department received over 1,900 applications seeking over $5,000,000,000, which indicates a high level of unmet transportation needs at the community level. It is in the interest of the State to better connect Department planning and investment with local and community needs.

(6) The January 2026 report of the Blue Ribbon Commission on Transportation Infrastructure, Funding, and Policy, which was commissioned by the General Assembly, outlines recommended reforms necessary to achieve a better integrated, more resilient, and fiscally sustainable transportation system and this amendatory Act of the 104th General Assembly is aligned with those recommendations.

(20 ILCS 2705/2705-710 new)

Sec. 2705-710. Definitions. As used in Sections 2705-705 through 2705-760:

"AADT" means the annual average daily traffic on a highway as determined by the Department or derived from some other reliable source.

"Applicable planning document" means the Department's STIP, LRTP, and MYP, an MPO's TIP, and LRTP, and amendments to such plans.

"Bus priority" means a set of traffic engineering techniques designed to improve the speed, reliability, and efficiency of transit vehicles, including transit signal priority, dedicated lanes of short length or duration, and queue jumps that reduce transit delays at intersections and in traffic, promoting faster, more reliable service.

"Bus rapid transit" means a high-quality bus-based transit system that delivers fast and efficient service that may include dedicated lanes, busways, off-board fare collection, elevated platforms, and enhanced stations.

"CO₂e" means the number of standard tons of carbon dioxide emissions with the same global warming potential as one standard ton of another greenhouse gas, is calculated using Equation A-1 in 40 CFR 98.2, and allows for the comparison of emissions of various different greenhouse gases with different global warming potentials and the calculation of the relative impact of the emissions on the environment over a standard time period.

"Criteria pollutant" means the 6 criteria pollutants that have been identified by the United States Environmental Protection Agency pursuant to the federal Clean Air Act.

"Department" means the Department of Transportation.

"Expressway" has the meaning given to that term in Section 1-119.3 of the Illinois Vehicle Code.

"Frequent transit" means transit service that has a frequency of 4 or more trips per hour.

"Greenhouse gas emissions" or "GHG emissions" means emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride.

"Greenhouse gas mitigation measure" or "GHG mitigation measure" means a project, program, or policy that can reasonably be expected to result in a quantifiable reduction in GHG emissions and that would not be undertaken absent the need by the Department or an MPO to reduce GHG emissions to meet its greenhouse gas targets. "Greenhouse gas mitigation measure" or "GHG mitigation measure" does not include a highway capacity expansion project. "Greenhouse gas mitigation measure" or "GHG mitigation measure" includes, but is not limited to:

(1) the addition of transit and other mobility resources, including, but not limited to, shared bicycle and scooter service, in a manner that will reduce VMT;

(2) improving pedestrian and bicycle access, particularly in areas that allow individuals to reduce multiple daily trips and better access transit;

(3) transportation demand management to reduce VMT per capita, including, but not limited to, vanpool and shared vehicle programs, remote work and other forms of virtual access, and use of pricing and other incentives for employees and other travelers to use less greenhouse gas intensive travel modes;

(4) improving first-and-final mile access to transit stops and stations to make transit safer and more usable;

(5) improving the safety, efficiency, and the federal Americans with Disabilities Act compliance of crosswalks, intersections, and multi-use paths for pedestrians, bicyclists, and other non-motorized vehicles;

(6) changing parking and land use policies and adjusting urban design requirements to encourage more walking, bicycling, and transit trips per capita and reduce VMT per capita;

(7) adoption or expansion of school bus, school carpool, or school active transportation programs;

(8) construction of electric vehicle charging stations for light, medium, and heavy duty vehicles;

(9) electrifying loading docks to allow transportation refrigeration units and auxiliary power units to be plugged into the electric grid at the loading dock instead of running on fossil fuels;

(10) electrifying locomotives, track-side power for idling locomotives, or other strategies that reduce pollution from freight movement;

(11) accelerating the adoption and regulation of e-bikes, e-motos, neighborhood electric carshare vehicles, electric rideshares, shared autonomous vehicles, and other forms of vehicles that emit less greenhouse gas when manufactured and operated; and

(12) other measures consistent with the Department of Natural Resources' Climate Action Plan and applicable law for which there is a reasonable basis for believing that it will result in reduced GHG emissions.

"Highway" means rights of way, bridges, drainage structures, signs, guard rails, protective structures, shared-use paths for non-vehicular public travel, sidewalks, bike paths, and all other structures and appurtenances necessary or convenient for vehicular traffic.

"Highway capacity expansion project" means a project that would be included in the applicable planning document and that (i) adds physical highway traffic capacity or provides for grade separation at an intersection or (ii) uses intelligent transportation system technology to increase the traffic capacity of an existing highway by 10% or more. "Highway capacity expansion project" does not include a project whose primary purpose is enhancing public transportation bus infrastructure or services. "Highway capacity expansion project" includes all project types, including those described as reconstruction or rehabilitation projects.

"Impacted community" means an area within one mile of a transportation construction project that includes residents, units of local government, business and labor organizations, environmental organizations, transportation and planning agencies, State agencies, private and civic organizations, public and private providers of transportation, and land preservation agencies.

"Induced demand" means a concept from economics that as supply increases and incurred costs decline, demand will increase, which applies to highway capacity expansion projects and the resulting VMT increases over time from those projects.

"Lane mile" means a standardized measurement of highway infrastructure that is one paved lane of highway, one mile long. "Lane mile" does not include protected bike lanes, sidewalks, or multi-use paths on or adjacent to the highway.

"LRTP" means a Long-Range Transportation Plan completed by an MPO or the Department that provides a strategic road map for the region the agency serves over at least a 10-year period.

"MPO" means a Metropolitan Planning Organization designated by agreement among the units of local government and the Governor, charged with developing transportation plans and programs in a metropolitan planning area under Section 134 of Title 23 of the United States Code and including the Chicago Metropolitan Agency for Planning created by the Regional Planning Act.

"MYP" means the Multi-Year Improvement Program established by the Department that covers a 6-year time span.

"Nature-based solutions" means infrastructure that mimics characteristics of natural features that can help reduce erosion, storm surge, and flood risk, and the resulting damage to transportation infrastructure. "Nature-based solutions" include, but are not limited to, strategies such as land conservation or restoration or construction of riparian and streambed treatments, marshes, wetlands, native vegetation, stormwater bioswales, breakwaters, reefs, dunes, and shade trees.

"Parking minimum" means any law, code, or policy that requires a minimum number of off-street, private parking spaces for new residential, industrial, and commercial developments.

"Performance goal" means the statewide transportation performance goals of the State set forth in subsection (a) of Section 2705-715.

"Performance measure" means a measurable data point set forth in subsection (b) of Section 2705-730 that reflects the achievement or non-achievement of a performance requirement.

"Performance requirement" means a measurable requirement set forth in subsection (b) of Section 2705-715 applicable to the Department and MPOs that advance the achievement of the performance goals.

"Public engagement process" means an effort by an MPO or the Department to seek full representation from communities, consider public feedback, and incorporate input into project decisions to ensure final outcomes reflect the best overall public interest and that endeavors to involve residents, units of local government, business and labor organizations, environmental organizations, transportation and planning agencies, State agencies, private and civic organizations, public and private providers of transportation, and land preservation agencies.

"Region" means the land area within the State covered by an applicable planning document.

"Resilience Improvement Plan" means a plan to identify and prioritize resilience measures that enable a safe, reliable, fair, and inclusive transportation system under future climate change.

"Secretary" means the Secretary of Transportation.

"STIP" means the Statewide Transportation Improvement Program as required by the federal Intermodal Surface Transportation Efficiency Act.

"TIP" means the Transportation Improvement Program completed by MPOs as required in 23 U.S.C. 450.326.

"VMT" or "vehicle miles traveled" means the number of miles vehicles travel over a given time period.

"Zero-emission vehicles" means a light, medium, or heavy duty on-road vehicle that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas, but only produces water vapor, in any mode of operation or condition, as determined by the Environmental Protection Agency.

(20 ILCS 2705/2705-715 new)

Sec. 2705-715. Performance goals and performance requirements.

(a) The General Assembly finds that transportation and land use planning in the State should be directed to projects and policies that promote affordability, transportation choices, economic development, environmental stewardship, and long-term fiscal responsibility. To accomplish this, applicable planning documents compiled and implemented by the Department and MPOs shall prioritize projects, programs, and policies that achieve the following performance goals using the performance measures:

(1) Transportation choices and efficient land use: Expand opportunity for residents by:

(A) increasing access to key destinations for all people by encouraging infill development and improving the connectivity of people to their housing, employment, education, and other activity centers through a variety of travel modes;

(B) shifting more trips to a range of viable transportation modes by supporting land use that puts housing closer to jobs and other destinations through Complete Streets treatments, public transit, and intercity bus and rail; and

(C) increasing connectivity of people to their schools, jobs, recreation facilities, downtowns, and commercial districts through the construction and improvement of safe sidewalks, trails, and bicycle lanes that connect housing to those areas.

(2) Affordability, equity, and efficiency: Reduce the cost of transportation for State residents through more efficient energy use and reducing the average length of motorized vehicle trips. This includes:

(A) reducing the combined housing and transportation cost of State households by reducing the cost of owning and maintaining vehicles, bringing housing closer to key destinations, and reducing time spent in traffic;

(B) providing improved transportation options for those too young, too old, or too infirm to safely drive a vehicle or who are unable to afford a personal vehicle; and

(C) increasing the energy efficiency of the system by increasing the availability of efficient zero-emission vehicle technologies, increasing the number of trips taken by non-auto modes, reducing emissions from highway construction and operation, and by bringing destinations and housing closer together.

(3) Resilience and fiscal responsibility: Construct transportation infrastructure that can withstand increasingly strong weather events and operate the highway system in a way that reduces the long-term maintenance cost burden of the system for future generations of taxpayers. This includes:

(A) reducing disaster damage risk for transportation assets by hardening those assets, improving stormwater infrastructure adjacent and underneath roadways, and using nature-based solutions;

(B) reducing flood risk for homes and businesses from transportation system infrastructure through increased inclusion of flood mitigation strategies during the construction and rehabilitation of roadways; and

(C) prioritizing transportation funds for maintaining and modernizing the State's current system and focusing capacity expansion on increasing access to the most sustainable transportation modes.

(b) The General Assembly finds that performance requirements for the Department and MPOs are necessary to accomplish the goals in subsection (a). Accordingly, beginning January 1, 2028, the Department and MPOs shall:

(1) manage the surface transportation system in their region within a federal aid highway lane miles per capita budget for their respective region set at 2025 lane mile levels. For the Department, the lane miles budget shall be established for the State as a whole and in non-MPO regions. The Department and MPOs shall focus their projects, programs, and policies on building greater resilience into the current system, improving the quality and longevity of existing surface transportation assets through enhanced maintenance, increasing the efficiency of system operations, and achieving the other goals set forth in this amendatory Act of the 104th General Assembly. For purposes of this subsection, the 2025 lane miles per capita budget level shall be calculated using the existing federal aid highway lane miles in the region as of December 31, 2025 plus any additional lane miles resulting from capacity expansion projects that were in the Department's Surface Transportation Improvement Program as of June 30, 2026 and for which a contract for construction was executed by December 31, 2026.

Additional lane miles resulting from the construction of a highway or adding capacity to an existing highway for the purpose of mitigating the adverse impact of heavy freight traffic in residential neighborhoods shall be exempt from the per capita lane miles budget for the applicable region. This lane mile cap exemption:

(A) is limited to 5 miles or less of highway;

(B) may not include bypasses that encompass more than the community impacted by the elevated levels of freight vehicle traffic;

(C) may not include the addition of expressway capacity;

(D) requires a public engagement process with and the support for the freight mitigation project from the impacted communities; and

(E) is supported by evidence that the freight mitigation project will significantly reduce freight VMT and emissions in the impacted communities;

(2) manage the surface transportation system in their region within a VMT per capita budget for their respective region set at 2025 VMT levels. The Department and MPOs shall focus their projects, programs, and policies on making travel more affordable and convenient through efforts to shorten average trip lengths and provide more travel mode choices;

(3) manage the surface transportation system in their region to reduce per capita GHG emissions from the transportation system at a rate consistent with the rate of reduction in GHG emissions from the transportation system achieved in the State from 2005 to 2023, or to the extent practicable, reduce emissions at a rate consistent with the State's emission reduction commitments to the U.S. Climate Alliance. The Department and MPOs shall focus their projects, programs, and policies on reducing GHG emissions and other forms of pollution from the transportation system. The Department and MPOs are authorized to establish a crediting or exchange system in which GHG reductions in one region of the State may be used to offset GHG emission increases in another region of the State, as long as the statewide GHG emissions from the transportation system decline at no less than the rate set forth in this subsection; and

(4) engage impacted communities and stakeholders on transportation projects occurring in their communities. The Department and MPOs shall endeavor to conduct a public engagement process with residents, businesses, educational institutions, health care facilities, or other necessary stakeholders as determined by the Department or MPO who may be impacted by proposed projects. Engagement on a project shall occur before the project has moved to the engineering phase.

(c) The Department and MPOs are hereby empowered to take all reasonable steps allowed under applicable law to ensure their transportation systems stay within the per capita lane miles, per capita VMT, and per capita GHG emissions budgets. The Department and MPOs may also propose policy recommendations to the General Assembly that will support the achievement of the performance goals and performance requirements of this Section.

(20 ILCS 2705/2705-720 new)

Sec. 2705-720. Quantitative analysis and certification of applicable planning documents.

(a) When preparing an applicable planning document, the Department and MPOs shall conduct a quantitative analysis that estimates the impact of the investments proposed in the applicable planning document on the performance goals and performance requirements. The Department and MPOs may incorporate the required analyses into existing analyses, such as the Data Driven Decisions Tool. The quantitative analysis shall include, but is not limited to:

(1) an emissions analysis that calculates the GHG emissions, ozone, and particulate matter emissions that are generated or reduced by the projects contained in an applicable planning document. The emissions analysis shall:

(A) include (i) the emissions of the existing transportation network and (ii) the anticipated changes to those emissions as a result of the projects contained in the applicable planning document;

(B) estimate total CO₂e emissions in millions of metric tons for the region in 2030, 2040, and 2050; and

(C) compare estimated total CO₂e emissions against the pollution performance measures applicable to the Department or MPO;

(2) a VMT impact analysis that calculates the VMT that is generated or reduced by the projects in the applicable planning document over the period covered by the applicable planning document. Any VMT analysis shall incorporate considerations of induced demand for the highway improvement projects contained in the applicable planning document;

(3) a lane miles impact analysis that calculates the net change in lane miles per capita from the projects in the applicable planning document; and

(4) a long-term maintenance cost analysis that determines the overall maintenance cost generated or reduced by the projects contained in the applicable planning document over a 50-year period.

(b) The Department and MPOs shall not include projects in their applicable planning documents that will increase per capita lane miles, per capita VMT, or per capita GHG emissions unless those projects are offset with projects, programs, or policies that are simultaneously funded and implemented and that will at least offset the increase in per capita lane miles, per capita VMT, or per capita GHG emissions from the projects with a reasonable degree of certainty. The Department and MPOs shall document the basis for their assessment of the impacts of projects projected to increase or decrease per capita lane miles, per capita VMT, or per capita GHG emissions and make the results of the analyses publicly available and in a format that displays how the projects in the applicable planning document are anticipated to achieve the performance goals and performance requirements.

(c) For the purposes of the analyses required under this Section, the Department and MPOs may:

(1) assume that projects that do not increase lane miles, such as maintenance and rehabilitation projects or resiliency projects, will not increase per capita VMT or on-road GHG emissions; and

(2) adjust the 2025 lane miles per capita cap upward proportionally with changes in population only in areas where population is declining.

(d) The Department shall provide technical assistance to MPOs that request assistance in completing the analyses required by this Section.

(e) After completion of the required analyses and finalization of the applicable planning document, the Secretary or the MPO's executive director shall certify in writing the projects in the applicable planning document are forecast to contribute to the achievement of the performance goals and performance requirements.

(20 ILCS 2705/2705-725 new)

Sec. 2705-725. Planning accountability processes.

(a) The General Assembly finds that ensuring alignment of transportation and land use planning, expenditures, and investments with public benefit goals, including safety, affordability, fiscal responsibility, equity, emissions reductions, and expansion of transportation choices, is critical to maximizing the benefits of the interconnected and intermodal transportation system and ensuring cost-effective State investments in the system.

(b) To verify compliance with the performance goals and performance requirements, better engage statewide and regional stakeholders in transportation planning, and support the integration of statewide investments, the Department shall establish rules to review investments made by the Department and MPOs in their projects, programs, and policies. The rules shall include a procedure for an evaluation process for the review of fully constructed or implemented investments. The rules shall be designed to:

(1) ensure that transportation and land use projects, programs, and policies implemented by the Department and MPOs are consistent with the performance goals, performance requirements, and performance measures;

(2) facilitate the engagement of, and solicit feedback from, municipalities, counties, local units of government, commercial businesses, trade associations, freight companies, developers, transit providers, labor organizations, advocates, communities, the general public, and other stakeholders in the review of regional and statewide transportation investments that use public funding;

(3) review the analyses set forth in Section 2705-720 and compare the anticipated outcomes to actual outcomes;

(4) promote the transparency of transportation planning and the expenditure of State funds for transportation infrastructure investments; and

(5) evaluate the impacts of investments in transportation infrastructure that have been implemented and assess the efficacy of such investments using benefit-cost analyses or other tools.

(c) The evaluation process shall be consistent with the following:

(1) Within 90 days of January 1, 2030 and every 5 years thereafter, the Department shall begin a statewide performance evaluation process by requesting a performance self-evaluation from all MPOs in the State. The Department shall also compile a performance self-evaluation at the same time.

(2) The performance self-evaluation report from the Department and MPOs shall include:

(A) an analysis of the Department's or MPO's progress in achieving State performance goals and performance requirements. Specifically, the analysis shall demonstrate how the investments planned by the agency and constructed in the previous 5 years contributed to the achievement of the performance goals and meeting the performance requirements;

(B) an analysis that clearly displays the current actual state of the system relative to the past projections for per capita lane miles, per capita VMT, and per capita GHG emissions resulting from the analyses in Section 2705-720. The report shall contain detailed reasoning for why actual measured performance in the evaluation year may differ from past projections; and

(C) areas that the Department or MPO identifies as needing improvement to better achieve the performance requirements, such as improvements in project delivery and coordination with other entities. The Department or MPO may also identify policies and programs that are outside of its control that have impacted its achievement of its performance requirements.

(3) Within 30 days of receipt of the performance self-evaluation reports, the Department shall disclose a date for a series of public meetings to open the public feedback period. The Department or MPO shall have an opportunity to present written or verbal testimony in support of its performance self-evaluation report at the meeting. The Department shall allow for oral public comment at the meeting. The Department shall solicit all written public comments for at least 90 days following the opening of the public feedback period.

(4) After the completion of the public comment period, the Department shall consider all public comments before making a determination under paragraph (5).

(5) Within 180 days of receipt of the performance self-evaluation from an MPO, the Department shall determine whether the MPO has successfully met the performance requirements and identify the reasons for the MPO's achievement or non-achievement of its performance requirements.

(6) The Department shall have the authority to provide incentives to MPOs that are in compliance with their performance requirements, such as prioritizing such MPOs for certain competitive grant funds in a given year.

(d) If the Department or an MPO fails to meet any of the requirements of subsection (b), the following corrective actions shall be taken:

(1) In the case of not managing its system within the per capita lane mile or VMT per capita budgets, for a period of 5 years from the date of assessment under paragraph (5) of subsection (c) that finds such noncompliance, the Department or MPO shall be barred from constructing any highway capacity expansion project of one mile or longer, or adding such projects to, or advancing such projects in, its applicable planning documents.

(2) In the case of not managing its system within the GHG emissions reduction requirement, for a period of 5 years from the date of assessment under paragraph (5) of subsection (c) that finds such noncompliance, the Department or MPO shall be required to create and implement a GHG mitigation plan with specific GHG mitigation measures to reduce the impact of emissions from the transportation sector. If, after implementing the GHG mitigation plan for a period of 5 years, the Department or MPO is still out of compliance, the Department or MPO shall not pursue any highway capacity expansion projects until the assessment in paragraph (5) of subsection (c) finds that the Department or MPO has managed its system within the GHG emissions reduction requirement.

(20 ILCS 2705/2705-730 new)

Sec. 2705-730. Performance measures.

(a) The General Assembly finds that quantifiable performance measures are necessary to ensure the achievement of State transportation performance goals.

(b) By January 1, 2029, the Department shall adopt rules to operationalize the performance goals. The rules shall include requirements for the Department to track and publish performance measures annually that align with the performance goals. Performance measures shall be quantifiable data points that relate directly to the performance goals and performance requirements. Performance measures shall include, but are not limited to:

(1) Transportation choices and efficient land use: the overall vehicle miles traveled, the percentage of population living within 1/4 mile of dedicated bike lanes or multi-use trails, the percentage of population living within 100 yards of a sidewalk, the percentage of population living within 1/4 mile of frequent transit, the percentage of jobs located within 1/4 mile of dedicated bike lanes or multi-use trails, the percentage of jobs within 100 yards of a sidewalk, and the percentage of jobs within 1/4 mile of frequent transit.

(2) Safety: The number of motor vehicle crashes, fatalities, and injuries on or adjacent to State highways and the estimated total cost to the State of such crashes using the direct and total costs of crash estimates from the National Highway Traffic Safety Administration or from a source the Department determines is a more accurate source of crash cost estimates.

(3) Affordability: The combined housing and transportation cost as a percentage of household income.

(4) Pollution: The CO₂e resulting from the transportation sector in the State, as well as the CO₂e from specific subsectors such as on-road, rail, marine, and aviation.

(5) Infrastructure condition: The percentage of highways and bridges in poor or fair conditions and the annual cost to the average motorist of damage incurred as a result of highway conditions.

(6) Infrastructure resilience: The lane miles of highway assets vulnerable to significant damage from expected flooding and heat and the percentage of highway assets determined to be resilient against anticipated disaster conditions.

(7) Maintenance cost burden: The life cycle cost of maintaining the existing highway infrastructure, including highway pavement and bridge structures, on a per capita basis.

(c) If the Department or an MPO finds that the combined housing and transportation cost as a percentage of household income in its region has increased by at least twice that of the Consumer Price Index-U from the previous year, the Department or MPO shall take corrective actions to reduce the combined housing and transportation cost as a percentage of household income. This includes, but is not limited to, prioritizing incentive programs and policies listed in Section 2705-735 or prioritizing more affordable non-auto transportation modes or other projects, programs, and policies the Department or MPO determines will achieve reductions in the combined cost of housing and transportation in its region.

(d) The Department and MPOs shall have the authority to program State funds toward any project or program that accomplishes the requirements set forth in this amendatory Act of the 104th General Assembly.

(e) The Department and MPOs shall have the authority to transfer federal-aid apportioned transportation funds to and from other federal-aid apportioned programs, within the limits set by the federal government, in order to meet the requirements of this amendatory Act of the 104th General Assembly.

(20 ILCS 2705/2705-735 new)

Sec. 2705-735. Incentive programs.

(a) The General Assembly finds that it is a transportation purpose to incentivize the location of businesses, hospitals, housing developments, schools, and other facilities in areas with existing highways and other public infrastructure to reduce the need to build duplicative infrastructure and thus add to the long-term maintenance cost burden on taxpayers.

(1) The Department is authorized to work with MPOs, local governments, and private entities, such as site selection firms, to encourage site selection for new facilities in areas with existing highways and other public infrastructure such as sewer and water lines.

(2) The Department is authorized to share with the applicable local government no less than 50% and no more than 90% of the net savings from more efficient facility locations facilitated by or on behalf of local governments and such net savings may be payable in cash or in-kind services by the Department in the community served by the local government that helped facilitate more efficient location of a new facility.

(3) Local governments that receive cash payments under paragraph (2) may use the proceeds for any lawful purpose, including the provision of infrastructure, economic development incentives, or other support for the entities willing to locate their facilities in an efficient location.

(4) The Department, in coordination with other State agencies and MPOs, shall facilitate development and publication of an efficient location database that identifies areas throughout the State with existing transportation capacity that would be supportive of location-efficient residential, commercial, or public agency development.

(A) The database shall include each parcel sortable and searchable by, at minimum:

(i) total land square footage;

(ii) parcel centroid longitude and latitude; and

(iii) zip code.

(B) The database may also include parcels owned by other governmental agencies or nongovernmental organizations that are identified to the Department by the entity owning them as suitable for allowing location-efficient development. Any parcels included shall be sortable and searchable.

(C) The Department may establish and maintain this database by itself or in collaboration with other public agencies through an accessible website.

(b) The General Assembly finds that better connecting State cities with each other and Chicago is important to growing the State economy by better connecting businesses, educational institutions, and State attractions with more people and transcending the Chicago versus Downstate divide by building an integrated one State economy.

(c) The Department shall establish an action plan and provide incentives to connect large State metropolitan areas to each other through investing in expansions of intercity rail and bus networks and supporting infrastructure and connecting transit service to encourage connectivity and economic development throughout the State.

(d) By January 1, 2029, the Department shall publish a report that details ways it can reduce the square footage of highway pavement while accommodating travel demand through changes to the Department's design guidelines, creative redesigns executed when resurfacing, rehabilitating, or rebuilding highways, and other means. The report shall show how reductions in the square footage of pavement can still accommodate the throughput of people and vehicles while reducing costs and providing a variety of co-benefits, such as reduced flooding risk.

(1) The Department's study of strategies for reducing the square footage of highway pavement and the State's net long-term highway maintenance cost shall include consideration of:

(A) how to facilitate adaptive reuse of freed-up space for resiliency projects, accommodation of bicycling and pedestrians, use by adjacent businesses and other institutions, and other improvements that strengthen the environment, economy, and transportation system; and

(B) regulatory obstacles and opportunities for identifying and repurposing excess pavement in beneficial ways.

(2) The Department is authorized, but not required to, execute the requirements under this subsection through and under the auspices of the Interagency Coordinating Committee on Transit Innovation, Integration, and Reform established under the Interagency Coordinating Committee on Transit Innovation, Integration, and Reform Act.

(20 ILCS 2705/2705-740 new)

Sec. 2705-740. Infrastructure credit program.

(a) The Department shall establish by rule an infrastructure improvement credit program to assist the Department and MPOs in meeting their lane miles per capita budget requirement under subsection (b) of Section 2705-715.

(b) All projects constructed using at least 50% of funds from the State shall be eligible for the credit program.

(c) Certain classes of projects shall be credited as reductions in the lane mile per capita requirement, with one credit value equal to one lane mile. These project classes include:

(1) two credits for each lane mile of a federal aid highway repurposed for nonhighway uses;

(2) Complete Streets redesigns of highways in urbanized areas. These projects shall be credited as:

(A) one-half credit for each lane mile of a Complete Streets redesign that maintains the existing number of travel lanes and speeds but adds sidewalks and bicycle lanes;

(B) one credit for each lane mile of a Complete Streets redesign that reduces the number of travel lanes by 25% or more; and

(C) two credits for each lane mile of a Complete Streets redesign that reduces the number of lanes by 25% or more, adds sidewalks and bicycle lanes, and reduces the speed limit to no more than 25 miles per hour.

The lane miles calculation for purposes of subparagraphs (A) through (C) shall consider both the length of the highway segment and the AADT carried or projected to be carried such that there is equivalency between the product of the length of the highway involved in a project under subparagraphs (A) through (C) and the AADT on that highway and the product of the length of the highway segment and projected AADT on the highway segment proposed for construction in reliance on the credits earned;

(3) bus rapid transit highway improvements in urbanized areas. These projects shall be credited as:

(A) one-half credit for each lane mile of bus priority infrastructure such as dedicated lanes, signal priority for buses, and queue jumps at intersections;

(B) one credit for each lane mile of a dedicated travel lane for exclusive use by public transit vehicles for at least 6 hours of peak travel times for at least 5 days each week; and

(C) two credits for each highway lane mile, not including shoulders, that has been converted to exclusive use for bus rapid transit; and

(4) local policies in efficient land use for urbanized areas. These policies shall be credited as:

(A) one-half credit for each lane mile of a highway where parking minimums have been eliminated in an area immediately adjacent to the highway and extending one-quarter of a mile or more from the highway;

(B) three-quarter credit for each lane mile of a highway where multifamily housing is allowed as a right in an area immediately adjacent to the highway and extending one-quarter of a mile or more from the highway;

(C) one credit for each lane mile of a highway where nature-based solutions, such as flood mitigation or parkland, that reduce flood magnitude by at least 50% have been installed immediately adjacent to the highway; and

(D) two credits for each lane mile of a highway that has been converted to nature-based solutions, such as flood mitigation, parkland, protected bike lanes, or trails.

For purposes of calculating the credits under subparagraphs (A) through (D), the lane miles credited shall be the lane miles of only the lanes in the direction of travel in the highway immediately adjacent to the improvement.

(d) The Department shall adopt rules recognizing and quantifying the credits for these improvements up to the maximums established in subsection (c) and establishing the documentation required to establish eligibility for such credits. The Department is authorized to recognize other improvements that advance the goal of increasing the efficiency and resiliency of the highway system and reducing the long-term cost of maintaining that system through reductions in the lane miles count and implementing credits consistent with those authorized in subsection (c).

(e) The Department and MPOs may apply the credits earned under this Section in determining their compliance with the performance requirements.

(f) The Department is authorized to establish and operate in conjunction with the MPOs an exchange system under which the Department or an MPO may exchange earned credits with the Department or another MPO in exchange for some lawful consideration or no consideration via an intergovernmental agreement.

(g) The credit program outlined in this Section shall apply only to projects completed after the effective date of this amendatory Act of the 104th General Assembly. The credit program shall expire on December 31, 2037, provided that the credits earned by that date support project construction after that date.

(20 ILCS 2705/2705-745 new)

Sec. 2705-745. Tolling for new capacity and bridges.

(a) As used in this Section, "new capacity" means the construction of a new expressway or the addition of one or more lanes with a length of one mile or more to an existing expressway.

(b) To the fullest extent permitted by law, new capacity shall be tolled and such tolls shall be variably priced where necessary to best match travel demand with highway capacity to ensure the free flow of traffic on the new capacity lanes. The Department and MPOs are authorized to the fullest extent of the law to impose tolls on bridges to accelerate the construction, reconstruction, rehabilitation, repair, or ruggedization of such bridges.

(c) Toll revenue from new capacity and bridges shall be used only to reimburse the Illinois State Toll Highway Authority for toll collection and toll violation enforcement services provided under subsection (e) and pay the cost of constructing, operating, and maintaining the new capacity or bridges, with any excess revenue used for transportation purposes along the corridor served by the tolled capacity or bridge.

(d) If the current law does not permit tolling of new capacity in an MPO region, an MPO shall condition its approval of the project and advancement of the project to the Department's STIP on an enforceable agreement with the project sponsor that tolling of the new capacity shall be implemented once such tolling is allowed under applicable law. Such agreement with the project sponsor shall provide that the project sponsor shall reimburse the MPO for lost toll revenue in the region for a period beginning no later than 2 years after authority for tolling the new capacity has been established under applicable law and lasting until the date that tolling the new capacity has begun. For purposes of such agreement, the toll rates used for calculating the amount of lost toll revenue owed by the project sponsor shall be the then-current toll rates for passenger and freight vehicles established by the Illinois State Toll Highway Authority and such toll rates shall be applied to the traffic volume on the expressway times the percentage of new capacity lanes relative to all expressway lanes in the corridor. Tolling on new capacity outside of MPO regions shall commence no later than 2 years after legal authority for such tolling has been secured.

(e) The Illinois State Toll Highway Authority shall provide toll collection and toll violation enforcement services for any new capacity that is tolled.

(f) The Department and MPOs shall enter into agreements with project sponsors and other interested parties to allocate toll revenue from new capacity and bridges to pay for improvements, reimburse the Illinois State Toll Highway Authority, and fund transit services, electric vehicle charging, and other transportation improvements along the corridor that includes the tolled facility.

(g) Nothing in this Section shall preclude the tolling of existing expressway capacity if such tolling is allowed by law.

(h) The Department and MPOs shall seek maximum authority from the federal government to toll existing expressways and bridges, including through participation in federal programs, such as the Interstate System Reconstruction and Rehabilitation Pilot Program, that give such authority for specific projects.

(i) To the fullest extent practicable, new capacity on expressways shall include VMT and GHG mitigation measures along the corridor served by the new capacity. The cost of the project shall include the cost of VMT and GHG mitigation measures necessary to offset the additional VMT and GHG emissions resulting from the new capacity. The VMT and GHG mitigation measures shall be implemented in conjunction with the construction of the new capacity.

(20 ILCS 2705/2705-750 new)

Sec. 2705-750. Performance-based funding.

(a) Beginning in the fiscal year beginning on July 1, 2027, 5% of the Department's budget from all eligible sources shall be allocated on a performance basis to projects and programs as set forth in this Section.

(b) The percentage of the Department's budget allocated under this Section shall increase by 2 percentage points a year until 25% of the Department's budget is allocated according to performance. The Department shall allocate the remainder of its budget to maintain and improve its existing system using appropriate asset management tools.

(c) The Department is authorized to create a Performance-Based Revenue Fund to hold moneys allocated to the Performance-Based Funding Program.

(d) The Department shall by rule adopt a process to allocate the moneys in the Performance-Based Revenue Fund as follows:

(1) Allocation based on demonstrated performance:

(A) 20% shall be allocated among MPO regions and the Department for the area outside of the MPO regions that are in the top quartile in managing their systems to stay within or reduce their per capita lane miles, per capita VMT, and per capita GHG emissions reduction budgets established under subsection (b) of Section 2705-715.

(B) 10% shall be allocated among MPO regions and the Department for the area outside the MPO regions that are in the bottom quartile in pavement and bridge quality metrics.

(C) 5% shall be allocated among MPO regions and the Department for the area outside the MPO regions that are in the top quartile for reductions in motor vehicle crashes involving injuries or fatalities per capita.

(D) The Department shall make allocations among the qualifying regions under subparagraphs (A) through (C) based on their combined relative share of the following:

(i) population;

(ii) total AADT; and

(iii) lane miles.

The rules applicable to this paragraph shall provide appropriate weighting of per capita lane miles, per capita VMT, per capita GHG emissions reduction, and safety improvements and bridge and pavement quality performance categories in which an MPO region or the Department is in the top or bottom quartile, as applicable.

(2) Allocation based on demonstrated need:

(A) The Department shall allocate 60% of moneys in the Performance-Based Revenue Fund for use for transportation purposes in municipalities, counties, townships, and road districts for projects related to:

(i) State and local asset management and improvements;

(ii) ADA improvements;

(iii) bike and pedestrian infrastructure improvements;

(iv) expanding multimodal connections;

(v) capital safety improvements;

(vi) match for federal grant opportunities;

(vii) added capacity with preference given to tolled new expressway capacity and bridges;

(viii) tolling of existing expressway capacity;

(ix) public transit, intercity buses and rails, and other mass transportation options; and

(x) other projects designed to improve safety, reduce lane miles, advance transportation choice and affordability, reduce GHG emissions, and increase infrastructure resiliency.

(B) The Department shall issue a call for projects funded by the allocation from the Performance-Based Revenue Fund under subparagraph (A) no less than once every 3 years.

(C) In reviewing grant applications, the Department shall prioritize projects that most advance the affordability, resiliency, reduction in maintenance burden, and other performance goals and assist MPOs and the Department in meeting their performance requirements.

(D) The Department is authorized to consolidate any of its existing grant programs into the Performance-Based Funding Program under this subsection.

(E) MPOs are eligible for funding awards from the Performance-Based Revenue Fund under this subsection.

(F) The Department may partner with an MPO, municipality, county, township, road district, or other local government on a project proposal, provided that the local government is the project sponsor and the Department does not give preference to proposed projects where the Department is a project partner but will evaluate all project proposals on their merits regardless of the Department's participation in the project proposal.

(G) The Department shall provide technical assistance and offer partnering opportunities to local communities that lack the fiscal resources or technical expertise required for them to effectively participate in the grant program under this subsection.

(H) The Department shall take appropriate steps to ensure that the Department employees who are involved with local governments on project proposals are not also involved in evaluating project proposals submitted under this subsection.

(3) Allocation based on increasing housing availability.

(A) The Department shall allocate 5% of moneys in the Performance-Based Revenue Fund to fund transportation improvements in the communities that deliver the most new housing per capita within their existing municipal boundaries as follows.

(B) For purposes of this allocation, the Department shall count housing units constructed as follows:

(i) Housing delivered:

(I) within 1/4 mile of a route served by frequent transit; or

(II) within 1/4 mile of a major destination such as an employment, education, or government center and that offers a protected bike lane or pedestrian access to that destination shall be credited with 2 housing units for each unit constructed.

(ii) Multifamily housing shall be credited with 2 housing units for each unit constructed.

(iii) Multifamily housing shall be credited with 4 housing units for each unit that is considered affordable under the Affordable Housing Planning and Appeal Act.

(iv) Each housing unit constructed in a municipality that allows construction of accessory dwelling units by right in at least half of the area in the municipality shall be credited with 3 housing units for each unit constructed.

(v) Each housing unit constructed in a municipality that has abolished minimum parking requirements shall be credited with 2 housing units for each unit constructed.

(vi) Each housing unit constructed in a municipality that allows construction by right of multifamily housing on property zoned commercial shall be credited with 2 housing units for each unit constructed.

(vii) All other new housing shall be credited with one housing unit for each unit constructed.

(C) The Department shall make allocations among the qualifying municipalities based on their combined relative share of the following:

(i) population;

(ii) total AADT; and

(iii) lane miles.

(D) The Department may set the maximum number of awardees based on consideration of available funding, municipal interest in the program, and other reasonable factors.

(E) The Department shall make awards under this program periodically, but no less than once every 3 years.

(F) The Department shall inform municipalities as appropriate of the availability of funding under this program and the application process.

(20 ILCS 2705/2705-755 new)

Sec. 2705-755. Partnership with Illinois State Toll Highway Authority; funding. As a result of the metropolitan transportation support payments the Department shall receive from the Illinois State Toll Highway Authority under Section 19.2 of the Toll Highway Act:

(1) Beginning with the fiscal year starting July 1, 2027 and continuing as long as the Illinois State Toll Highway Authority is making metropolitan transportation support payments as required under Section 19.2 of the Toll Highway Act, the Department shall increase its funding for projects and programs outside of the metropolitan region as defined under Section 1.03 of the Northern Illinois Transit Authority Act by $625,000,000 per year. The amount of the funding increase for projects and programs outside of the metropolitan area for the fiscal year starting July 1, 2028 and each fiscal year thereafter shall be an amount equal to the lesser of 104% of the previous fiscal year's funding increase under this Section or the percentage change over the previous fiscal year in the Consumer Price Index-U.

(2) The Department in collaboration with MPOs shall use the money allocated under paragraph (1) to accelerate the delivery of highway and other transportation projects outside of the metropolitan region as defined under the Northern Illinois Transit Authority Act that contribute to their achievement of the performance goals and performance requirements.

(20 ILCS 2705/2705-760 new)

Sec. 2705-760. Resilience, flood mitigation, and climate adaptation assessments.

(a) The Department, in coordination with MPOs, the Department of Natural Resources, and the Environmental Protection Agency, shall conduct a statewide climate vulnerability assessment at least every 5 years to inform its Resilience Improvement Plan. The assessment shall use the most up-to-date climate science and quantify climate resiliency vulnerability of highways, bridges, transit, freight, passenger rail, ports, aviation, and active transportation. The assessment shall:

(1) be developed with public stakeholder input and designed to achieve the following objectives:

(A) comprehensively assess and mitigate risks for highway construction;

(B) minimize flood damage to transportation system assets, consider the impacts of climate change on highways, transit, and other transportation systems; and

(C) support natural hydrologic conditions and the beneficial services provided by nature-based solutions; and

(2) identify communities where transportation disruptions from climate hazards, such as flooding, have caused or threaten to cause disproportionate harm, and publicly map infrastructure risk data with demographic and socioeconomic data to prioritize solutions in those impacted communities.

(b) The Department, in consultation with the Department of Natural Resources, the Illinois Emergency Management Agency and Office of Homeland Security, and any other relevant State agencies, shall adopt a Transportation Infrastructure Flood Mitigation Policy by December 31, 2027. The Policy shall be developed with public stakeholder input and designed to achieve the following objectives for transportation infrastructure constructed or eligible for funding from State or federal sources: minimize flood damage to the State's transportation system assets; minimize flood damage to residents and businesses adjacent to transportation assets; and support natural hydrologic conditions and the beneficial services provided by nature-based solutions.

To help achieve these objectives, the Policy shall include, but not be limited to:

(1) establish processes and criteria for determining whether a proposed federal aid transportation project is in a floodplain or other area with flood risk, including inland flood risk, and the degree of risk presented;

(2) implement measures to reduce construction in a floodplain to the greatest extent feasible;

(3) set reasonably protective and cost-effective flood resilience standards for proposed construction within and outside of a floodplain, based on flood risk to the project and area within 5 miles of the project over the lifetime of the construction; and

(4) provide standards, options, and considerations for including nature-based infrastructure to reduce flood risk.

(c) The Department shall develop and adopt a Resilient Infrastructure Design Guide across modes that embeds up-to-date resilience-focused engineering, construction, and maintenance practices into the Bureau of Design and Engineering Manuals. The Guide shall include:

(1) a definition of resilient infrastructure that includes consideration of increasingly damaging climate change driven weather events;

(2) performance-based design standards that incorporate load duration, service continuity, and recoverability;

(3) required resilience assessments in the project development process for bridges, pavement, transit facilities, and intermodal infrastructure;

(4) alignment with the federal Flood Risk Management Standard; and

(5) integration of resilience scoring into the Data Driven Decisions Tool.

(d) The Department and MPOs shall endeavor to mitigate the impacts of flooding through enhanced design and construction to reduce flooding magnitude resulting from transportation projects.

(1) Flood mitigation design elements shall be given full consideration in the planning and development of transportation facilities.

(2) The Department shall establish and solely fund flooding mitigation projects in conjunction with the construction, reconstruction, resurfacing, or rehabilitation, or other change of any State transportation facility. Flooding mitigation projects funded under this Section shall be designed to offset at least 50% of the flooding magnitude resulting from the impermeable surfaces of the project being constructed.

(3) The Department may, in lieu of solely funding mitigation projects in conjunction with State transportation facility construction, pay up to 50% of the total project cost to the local unit of government in which the project is occurring for flood mitigation infrastructure or other related uses to be determined by the Department.

Article 2.

Section 2-5. The Illinois Highway Code is amended by changing Section 4-220 as follows:

(605 ILCS 5/4-220)

Sec. 4-220. Bicycle and pedestrian ways.

(a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into State plans and programs.

(b) In or within one mile of a municipality with a population of over 1,000 people, and subject to the Department's option in subsection (e), the Department shall establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction, resurfacing, rehabilitation, or other change of any State transportation facility except when the Secretary of Transportation makes a written determination that the inclusion of bicycle and pedestrian ways in a project creates unacceptable safety risks or bicycle and pedestrian ways are physically impossible to fit in the highway corridor. :

(1) in pavement resurfacing projects that do not widen the existing traveled way or do not provide stabilized shoulders;

(2) where approved by the Secretary of Transportation based upon documented safety issues, excessive cost, or absence of need; or

(3) where the municipality passes a resolution stating that a bicycle or pedestrian way does not fit within its development plan.

(c) Bicycle and pedestrian ways shall may be included in pavement resurfacing projects when it is physically possible to include local support is evident or the bicycling and walking accommodations can be added within the highway right of way. The Department shall endeavor to include Complete Streets infrastructure improvements in all pavement resurfacing projects, including projects that do not widen the existing traveled way overall scope of the original roadwork.

(c-1) The Department shall establish an accelerated project delivery process for Complete Streets treatments of State-owned highways. The Department is authorized to alter any processes or approvals necessary to accelerate the delivery of Complete Streets treatments.

(d) The Department shall establish design and construction standards for bicycle and pedestrian ways. Beginning July 1, 2007, this Section shall apply to planning and training purposes only. Beginning July 1, 2008, this Section shall apply to construction projects.

(e) If programmed funds identified in Section 2705-615 of the Department of Transportation Law are not expended for 5 years, the Department has the option to use those funds to pay the cost of bicycle and pedestrian ways in roadway projects affected by this Section.

(Source: P.A. 102-660, eff. 1-1-22.)

Section 2-10. The Toll Highway Act is amended by changing Sections 11 and 19 and by adding Sections 19.2, 19.3, and 19.4 as follows:

(605 ILCS 10/11) (from Ch. 121, par. 100-11)

(Text of Section before amendment by P.A. 104-457)

Sec. 11. The Authority shall have power:

(a) To enter upon lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as may be necessary, expedient or convenient for the purposes of this Act, and such entry shall not be deemed to be a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; provided, however, that the Authority shall make reimbursement for any actual damage resulting to such lands, waters and premises as the result of such activities.

(b) To construct, maintain and operate stations for the collection of tolls or charges upon and along any toll highways.

(c) To provide for the collection of tolls and charges for the privilege of using the said toll highways. Before it adopts an increase in the rates for toll, the Authority shall hold a public hearing at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed increase. Any person may submit a written statement to the Authority at the hearing, whether appearing in person or not. The hearing shall be held in the county in which the proposed increase of the rates is to take place. The Authority shall give notice of the hearing by advertisement on 3 successive days at least 15 days prior to the date of the hearing in a daily newspaper of general circulation within the county within which the hearing is held. The notice shall state the date, time, and place of the hearing, shall contain a description of the proposed increase, and shall specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis on which the proposed change, alteration, or modification was calculated. After consideration of any statements filed or oral opinions, suggestions, objections, or inquiries made at the hearing, the Authority may proceed to adopt the proposed increase of the rates for toll. No change or alteration in or modification of the rates for toll shall be effective unless at least 30 days prior to the effective date of such rates notice thereof shall be given to the public by publication in a newspaper of general circulation, and such notice, or notices, thereof shall be posted and publicly displayed at each and every toll station upon or along said toll highways.

(d) To construct, at the Authority's discretion, grade separations at intersections with any railroads, waterways, street railways, streets, thoroughfares, public roads or highways intersected by the said toll highways, and to change and adjust the lines and grades thereof so as to accommodate the same to the design of such grade separation and to construct interchange improvements. The Authority is authorized to provide such grade separations or interchange improvements at its own cost or to enter into contracts or agreements with reference to division of cost therefor with any municipality or political subdivision of the State of Illinois, or with the Federal Government, or any agency thereof, or with any corporation, individual, firm, person or association. Where such structures have been or will be built by the Authority, the local highway agency or municipality with jurisdiction shall enter into an agreement with the Authority for the ongoing maintenance of the structures.

(e) To contract with and grant concessions to or lease or license to any person, partnership, firm, association or corporation so desiring the use of any part of any toll highways, excluding the paved portion thereof, but including the right of way adjoining, under, or over said paved portion for the placing of telephone, telegraph, electric, power lines and other utilities, and for the placing of pipe lines, and to enter into operating agreements with or to contract with and grant concessions to or to lease to any person, partnership, firm, association or corporation so desiring the use of any part of the toll highways, excluding the paved portion thereof, but including the right of way adjoining, or over said paved portion for motor fuel service stations and facilities, garages, stores and restaurants, or for any other lawful purpose, and to fix the terms, conditions, rents, rates and charges for such use.

By January 1, 2016, the Authority shall construct and maintain at least one electric vehicle charging station at any location where the Authority has entered into an agreement with any entity pursuant to this subsection (e) for the purposes of providing motor fuel service stations and facilities, garages, stores, or restaurants. The Authority shall charge a fee for the use of these charging stations to offset the costs of constructing and maintaining these charging stations. The Authority shall adopt rules to implement the erection, user fees, and maintenance of electric vehicle charging stations pursuant to this subsection (e).

The Authority shall also have power to establish reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called public utilities) of any public utility as defined in the Public Utilities Act along, over or under any toll road project. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are located in, on, along, over or under any project or projects be relocated or removed entirely from any such project or projects, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority. All costs and expenses of such relocation or removal, including the cost of installing such facilities in a new location or locations, and the cost of any land or lands, or interest in land, or any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Authority as a part of the cost of any such project or projects, and further, there shall be no rent, fee or other charge of any kind imposed upon the public utility owning or operating any facilities ordered relocated on the properties of the said Authority and the said Authority shall grant to the said public utility owning or operating said facilities and its successors and assigns the right to operate the same in the new location or locations for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location or locations.

(f) To enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection, enforcement, and administration of tolls, fees, revenue, and violations, including for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act.

The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Authority shall cooperate with other public and private entities to further the goal of standardized toll collection in Illinois and is authorized to provide toll collection and toll violation enforcement services to such entities when doing so is in the best interest of the Authority and consistent with its obligations under Section 23 of this Act.

(Source: P.A. 100-71, eff. 1-1-18; 101-398, eff. 8-16-19.)

(Text of Section after amendment by P.A. 104-457)

Sec. 11. The Authority shall have power:

(a) To enter upon lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as may be necessary, expedient or convenient for the purposes of this Act, and such entry shall not be deemed to be a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; provided, however, that the Authority shall make reimbursement for any actual damage resulting to such lands, waters and premises as the result of such activities.

(b) To construct, maintain and operate stations for the collection of tolls or charges upon and along any toll highways.

(c) To provide for the collection of tolls and charges for the privilege of using the said toll highways. Before it adopts an increase in the rates for toll, the Authority shall hold a public hearing at which any person may appear, express opinions, suggestions, or objections, or direct inquiries relating to the proposed increase. Any person may submit a written statement to the Authority at the hearing, whether appearing in person or not. The hearing shall be held in the county in which the proposed increase of the rates is to take place. However, if the increase of the rates will apply to all of the Authority's toll highways, the hearing may be held at the headquarters of the Authority. The Authority shall give notice of the hearing by advertisement on 3 successive days at least 15 days prior to the date of the hearing in a daily newspaper of general circulation within the county within which the hearing is held. The notice shall state the date, time, and place of the hearing, shall contain a description of the proposed increase, and shall specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis on which the proposed change, alteration, or modification was calculated. After consideration of any statements filed or oral opinions, suggestions, objections, or inquiries made at the hearing, the Authority may proceed to adopt the proposed increase of the rates for toll. No change or alteration in or modification of the rates for toll shall be effective unless at least 30 days prior to the effective date of such rates notice thereof shall be given to the public by publication in a newspaper of general circulation, and such notice, or notices, thereof shall be posted and publicly displayed at each and every toll station upon or along said toll highways.

To the extent consistent with the Toll Highway Act and the provisions of any outstanding bond indentures, tolls for passenger vehicles shall be increased by 45 cents, with proportionate reductions for reduced fare programs, and tolls on commercial vehicles shall be increased by 30% effective on January 1, 2027, with a biennial escalator tied to the Consumer Price Index-U, capped at 4% per year, beginning on January 1, 2029, to fund the 2026 capital plan. If the Tollway Board determines that this provision is inconsistent with this Act or any provisions of outstanding bond indentures, then, in such case, the General Assembly urges the Tollway Board to consider the implementation of a 2026 capital plan and any necessary toll increases to fund such a plan. As used in this subsection, "Consumer Price Index-U" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.

(d) To construct, at the Authority's discretion, grade separations at intersections with any railroads, waterways, street railways, streets, thoroughfares, public roads or highways intersected by the said toll highways, and to change and adjust the lines and grades thereof so as to accommodate the same to the design of such grade separation and to construct interchange improvements. The Authority is authorized to provide such grade separations or interchange improvements at its own cost or to enter into contracts or agreements with reference to division of cost therefor with any municipality or political subdivision of the State of Illinois, or with the Federal Government, or any agency thereof, or with any corporation, individual, firm, person or association. Where such structures have been or will be built by the Authority, the local highway agency or municipality with jurisdiction shall enter into an agreement with the Authority for the ongoing maintenance of the structures.

(e) To contract with and grant concessions to or lease or license to any person, partnership, firm, association or corporation so desiring the use of any part of any toll highways, excluding the paved portion thereof, but including the right of way adjoining, under, or over said paved portion for the placing of telephone, telegraph, electric, power lines and other utilities, and for the placing of pipe lines, and to enter into operating agreements with or to contract with and grant concessions to or to lease to any person, partnership, firm, association or corporation so desiring the use of any part of the toll highways, excluding the paved portion thereof, but including the right of way adjoining, or over said paved portion for motor fuel service stations and facilities, garages, stores and restaurants, or for any other lawful purpose, and to fix the terms, conditions, rents, rates and charges for such use.

By January 1, 2016, the Authority shall construct and maintain at least one electric vehicle charging station at any location where the Authority has entered into an agreement with any entity pursuant to this subsection (e) for the purposes of providing motor fuel service stations and facilities, garages, stores, or restaurants. The Authority shall charge a fee for the use of these charging stations to offset the costs of constructing and maintaining these charging stations. The Authority shall adopt rules to implement the erection, user fees, and maintenance of electric vehicle charging stations pursuant to this subsection (e).

The Authority shall also have power to establish reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called public utilities) of any public utility as defined in the Public Utilities Act along, over or under any toll road project. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are located in, on, along, over or under any project or projects be relocated or removed entirely from any such project or projects, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority. All costs and expenses of such relocation or removal, including the cost of installing such facilities in a new location or locations, and the cost of any land or lands, or interest in land, or any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Authority as a part of the cost of any such project or projects, and further, there shall be no rent, fee or other charge of any kind imposed upon the public utility owning or operating any facilities ordered relocated on the properties of the said Authority and the said Authority shall grant to the said public utility owning or operating said facilities and its successors and assigns the right to operate the same in the new location or locations for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location or locations.

(f) To enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for the collection, enforcement, and administration of tolls, fees, revenue, and violations, including for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act.

The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Authority shall cooperate with other public and private entities to further the goal of standardized toll collection in Illinois and is authorized and directed to provide toll collection and toll violation enforcement services to such entities and such entities are authorized and directed to use the Authority to provide toll collection and toll violation enforcement services for such entities and to reimburse the Authority for the costs borne by the Authority in providing such services. The requirement for such entities to use the Authority to provide toll collection and toll violation enforcement services may be superseded by a statewide road usage charge system that builds in and collects tolls imposed on users of roads, bridges, and other tolled facilities in the State when doing so is in the best interest of the Authority and consistent with its obligations under Section 23 of this Act.

(g) To participate in any lawful capacity in the development, funding, construction, or operation of any project funded from proceeds of the Metropolitan Transportation Support Fund, including as a borrower, designer, construction manager, builder, or maintainer of the project, pursuant to agreements with the Department of Transportation, the Northern Illinois Transit Authority, a unit of local government, or any other public or private entity.

(h) To provide toll collection and toll violation enforcement services for any tolled portions of the I-290 Blue Line Reconstruction Project, including construction of any tolled lanes or bridges, provided that the Authority shall be reimbursed for its capital and operating costs from the toll revenue collected from such lanes and the toll lanes shall be dynamically priced to ensure that traffic in the tolled lanes will remain free flowing at speeds of at least 50 miles per hour.

(i) To provide toll collection and toll violation enforcement services on any highway under the jurisdiction of the Department of Transportation or any unit of local government, provided that tolls shall be dynamically priced on any highway where variable pricing is reasonably necessary to keep traffic in the tolled lanes free flowing.

(j) To assist the Department of Transportation in the Department's efforts under Section 2705-745 of the Department of Transportation Law of the Civil Administrative Code of Illinois to secure tolling authority from the United States Department of Transportation.

(k) To serve as a primary transportation technology incubator for the State to develop, test, and deploy tolling technologies and pricing strategies, intelligent transportation systems, automated land and aerial vehicles, and highway safety systems in coordination with the Northern Illinois Transit Authority pursuant to Section 2.09 of the Northern Illinois Transit Authority Act, the Department of Transportation, public universities, MPOs, and other entities with the goal of establishing the State as a transportation technology leader and developing business and employment opportunities in the transportation technology sector for State residents. The Authority is authorized to fund demonstration projects, build research and development facilities, apply for grants, enter into contracts and other agreements, hire staff, and take all other lawful steps necessary to position the State as a transportation technology leader.

(Source: P.A. 104-457, eff. 6-1-26.)

(605 ILCS 10/19) (from Ch. 121, par. 100-19)

(Text of Section before amendment by P.A. 104-457)

Sec. 19. Toll rates. The Authority shall fix and revise from time to time, tolls or charges or rates for the privilege of using each of the toll highways constructed pursuant to this Act. Such tolls shall be so fixed and adjusted at rates calculated to provide the lowest reasonable toll rates that will provide funds sufficient with other revenues of the Authority to pay, (a) the cost of the construction of a toll highway authorized by joint resolution of the General Assembly pursuant to Section 14.1 and the reconstruction, major repairs or improvements of toll highways, (b) the cost of maintaining, repairing, regulating and operating the toll highways including only the necessary expenses of the Authority, and (c) the principal of all bonds, interest thereon and all sinking fund requirements and other requirements provided by resolutions authorizing the issuance of the bonds as they shall become due. In fixing the toll rates pursuant to this Section 19 and Section 10(c) of this Act, the Authority shall take into account the effect of the provisions of this Section 19 permitting the use of the toll highway system without payment of the covenants of the Authority contained in the resolutions and trust indentures authorizing the issuance of bonds of the Authority. No such provision permitting the use of the toll highway system without payment of tolls after the date of this amendatory Act of the 95th General Assembly shall be applied in a manner that impairs the rights of bondholders pursuant to any resolution or trust indentures authorizing the issuance of bonds of the Authority. The use and disposition of any sinking or reserve fund shall be subject to such regulation as may be provided in the resolution or trust indenture authorizing the issuance of the bonds. Subject to the provisions of any resolution or trust indenture authorizing the issuance of bonds any moneys in any such sinking fund in excess of an amount equal to one year's interest on the bonds then outstanding secured by such sinking fund may be applied to the purchase or redemption of bonds. All such bonds so redeemed or purchased shall forthwith be cancelled and shall not again be issued. No person shall be permitted to use any toll highway without paying the toll established under this Section except when on official Toll Highway Authority business which includes police and other emergency vehicles. However, any law enforcement agency vehicle, fire department vehicle, public or private ambulance service vehicle engaged in the performance of an emergency service or duty that necessitates the use of the toll highway system, or other emergency vehicle that is plainly marked shall not be required to pay a toll to use a toll highway. A law enforcement, fire protection, or emergency services officer driving a law enforcement, fire protection, emergency services agency vehicle, or public or private ambulance service vehicle engaging in the performance of emergency services or duties that is not plainly marked must present an Official Permit Card which the law enforcement, fire protection, or emergency services officer receives from his or her law enforcement, fire protection, emergency services agency, or public or private ambulance service in order to use a toll highway without paying the toll. A law enforcement, fire protection, emergency services agency, or public or private ambulance service engaging in the performance of emergency services or duties must apply to the Authority to receive a permit, and the Authority shall adopt rules for the issuance of a permit, that allows public or private ambulance service vehicles engaged in the performance of emergency services or duties that necessitate the use of the toll highway system and all law enforcement, fire protection, or emergency services agency vehicles of the law enforcement, fire protection, or emergency services agency to use any toll highway without paying the toll established under this Section. The Authority shall maintain in its office a list of all persons that are authorized to use any toll highway without charge when on official business of the Authority and such list shall be open to the public for inspection. In recognition of the unique role of public transportation in providing effective transportation in the Authority's service region, and to give effect to the exemption set forth in subsection (b) of Section 2.06 of the Regional Transportation Authority Act, the following vehicles may use any toll highway without paying the toll: (1) a vehicle owned or operated by the Suburban Bus Division of the Regional Transportation Authority that is being used to transport passengers for hire; and (2) any revenue vehicle that is owned or operated by a Mass Transit District created under Section 3 of the Local Mass Transit District Act and running regular scheduled service.

Among other matters, this amendatory Act of 1990 is intended to clarify and confirm the prior intent of the General Assembly to allow toll revenues from the toll highway system to be used to pay a portion of the cost of the construction of the North-South Toll Highway authorized by Senate Joint Resolution 122 of the 83rd General Assembly in 1984.

(Source: P.A. 100-739, eff. 1-1-19.)

(Text of Section after amendment by P.A. 104-457)

Sec. 19. Toll rates. The Authority shall fix and revise from time to time, tolls or charges or rates for the privilege of using each of the toll highways constructed pursuant to this Act. Such tolls shall be so fixed and adjusted at rates calculated to provide the lowest reasonable toll rates that will provide funds sufficient with other revenues of the Authority to pay, (a) the cost of the construction of a toll highway authorized by joint resolution of the General Assembly pursuant to Section 14.1 and the reconstruction, major repairs or improvements of toll highways, (b) the cost of maintaining, repairing, regulating and operating the toll highways including only the necessary expenses of the Authority, and (c) the principal of all bonds, interest thereon and all sinking fund requirements and other requirements provided by resolutions authorizing the issuance of the bonds as they shall become due, and (d) the annual metropolitan transportation support payment required to be made by the Authority pursuant to Section 19.2. In fixing the toll rates pursuant to this Section 19 and Section 10(c) of this Act, the Authority shall take into account the effect of the provisions of this Section 19 permitting the use of the toll highway system without payment of the covenants of the Authority contained in the resolutions and trust indentures authorizing the issuance of bonds of the Authority. No such provision permitting the use of the toll highway system without payment of tolls after the date of this amendatory Act of the 95th General Assembly shall be applied in a manner that impairs the rights of bondholders pursuant to any resolution or trust indentures authorizing the issuance of bonds of the Authority. The use and disposition of any sinking or reserve fund shall be subject to such regulation as may be provided in the resolution or trust indenture authorizing the issuance of the bonds. Subject to the provisions of any resolution or trust indenture authorizing the issuance of bonds any moneys in any such sinking fund in excess of an amount equal to one year's interest on the bonds then outstanding secured by such sinking fund may be applied to the purchase or redemption of bonds. All such bonds so redeemed or purchased shall forthwith be cancelled and shall not again be issued. No person shall be permitted to use any toll highway without paying the toll established under this Section except when on official Toll Highway Authority business which includes police and other emergency vehicles. However, any law enforcement agency vehicle, fire department vehicle, public or private ambulance service vehicle engaged in the performance of an emergency service or duty that necessitates the use of the toll highway system, or other emergency vehicle that is plainly marked shall not be required to pay a toll to use a toll highway. A law enforcement, fire protection, or emergency services officer driving a law enforcement, fire protection, emergency services agency vehicle, or public or private ambulance service vehicle engaging in the performance of emergency services or duties that is not plainly marked must present an Official Permit Card which the law enforcement, fire protection, or emergency services officer receives from his or her law enforcement, fire protection, emergency services agency, or public or private ambulance service in order to use a toll highway without paying the toll. A law enforcement, fire protection, emergency services agency, or public or private ambulance service engaging in the performance of emergency services or duties must apply to the Authority to receive a permit, and the Authority shall adopt rules for the issuance of a permit, that allows public or private ambulance service vehicles engaged in the performance of emergency services or duties that necessitate the use of the toll highway system and all law enforcement, fire protection, or emergency services agency vehicles of the law enforcement, fire protection, or emergency services agency to use any toll highway without paying the toll established under this Section. The Authority shall maintain in its office a list of all persons that are authorized to use any toll highway without charge when on official business of the Authority and such list shall be open to the public for inspection. In recognition of the unique role of public transportation in providing effective transportation in the Authority's service region, and to give effect to the exemption set forth in subsection (b) of Section 2.06 of the Northern Illinois Transit Authority Act, the following vehicles may use any toll highway without paying the toll: (1) a vehicle owned or operated by the Suburban Bus Division of the Northern Illinois Transit Authority that is being used to transport passengers for hire; and (2) any revenue vehicle that is owned or operated by a Mass Transit District created under Section 3 of the Local Mass Transit District Act and running regular scheduled service.

Among other matters, this amendatory Act of 1990 is intended to clarify and confirm the prior intent of the General Assembly to allow toll revenues from the toll highway system to be used to pay a portion of the cost of the construction of the North-South Toll Highway authorized by Senate Joint Resolution 122 of the 83rd General Assembly in 1984.

(Source: P.A. 104-457, eff. 6-1-26.)

(605 ILCS 10/19.2 new)

Sec. 19.2. Metropolitan transportation support payment.

(a) Beginning with the fiscal year starting January 1, 2027 and in each fiscal year thereafter, the Authority shall make an annual metropolitan transportation support payment equal to the amount set forth in this subsection. The amount of the metropolitan transportation support payment for the fiscal year starting January 1, 2027 shall be $750,000,000. The amount of the metropolitan transportation support payment for the fiscal year starting January 1, 2028 and each fiscal year thereafter shall be an amount equal to the lesser of 104% of the previous fiscal year's metropolitan transportation support payment or the percentage change over the previous fiscal year in the Consumer Price Index-U.

(b) Beginning on April 1, 2027, the annual metropolitan transportation support payment shall be payable by the Authority in equal quarterly payments on each January 1, April 1, July 1, and October 1. The metropolitan transportation support payment shall be expressly subordinate to, and shall be payable only after all required payment by the Authority of (i) its operating and maintenance costs for the toll highways, (ii) principal, interest, redemption price, and tender or purchase price due on the Authority's outstanding bonds and other indebtedness incurred pursuant to Section 18 of this Act, and (iii) funding of all required reserves in connection with the indebtedness referred to in item (ii) pursuant to any indenture or other financing agreement of the Authority.

(c) The Authority shall establish a Metropolitan Transportation Support Fund in which all metropolitan transportation support payments shall be deposited along with interest and other earnings on those amounts.

(d) The obligation to make annual metropolitan transportation support payments pursuant to this amendatory Act of the 104th General Assembly shall be a lawful purpose for the Authority for all purposes, including with respect to the Authority's outstanding indentures, and is not intended to impair the rights of bondholders pursuant to any resolutions or trust indentures authorizing the issuance of bonds and other indebtedness by the Authority.

(e) Moneys in the Metropolitan Transportation Support Fund shall be used in the metropolitan region as defined by the Northern Illinois Transit Authority Act and distributed each fiscal year as follows and on an inflation-adjusted basis after the first fiscal year:

(1) For the fiscal years starting January 1, 2027 and ending on December 31, 2032:

(A) $500,000,000 jointly to the Department of Transportation and the Northern Illinois Transit Authority to accelerate the construction of the combined highway and public transportation project commonly known as the I-290 Blue Line Reconstruction Project;

(B) $125,000,000 to the Northern Illinois Transit Authority for (i) track repairs and reconstruction to reduce and eliminate slow zones on the urban rapid transit system, and (ii) bus rapid transit projects; and

(C) $125,000,000 to the Department of Transportation for bridge repairs, giving priority to bridges carrying or crossing commuter rail lines.

(2) For the fiscal year starting January 1, 2033 and thereafter:

(A) one-quarter jointly to the Department of Transportation and the Northern Illinois Transit Authority to complete the construction of the combined highway and transit project commonly known as the I-290 Blue Line Reconstruction Project, as long as beginning on the earlier of the completion of the I-290 Blue Line Reconstruction Project or January 1, 2037 and thereafter the Department of Transportation and the Northern Illinois Transit Authority shall split this amount and dedicate their share of the funding to operating, maintaining, and rehabilitating their respective elements of the I-290 Blue Line Reconstruction Project and that any funds unused for such purposes may be used to improve transportation systems and operations in the I-290 corridor with priority given to projects that mitigate the environmental impact of I-290, provide affordable travel options, and create attractive streetscapes and green spaces for residents and businesses of and visitors to the communities in the I-290 corridor;

(B) one-eighth to the municipalities adjacent to I-290 from its eastern terminus to I-294 in proportion to their share of I-294 mileage in their municipalities for use on transportation projects and programs, with priority given to projects and programs that mitigate the environmental impact of I-290, increase affordable travel options, and create attractive streetscapes and green spaces for residents of and visitors to the communities in the I-290 corridor;

(C) one-quarter to the Northern Illinois Transit Authority for (i) track repairs and reconstruction to reduce and eliminate slow zones on the urban rapid transit system and (ii) bus rapid transit projects;

(D) one-quarter to the Department of Transportation for bridge repairs, giving priority to bridges carrying or crossing commuter rail lines; and

(E) one-eighth to fund grade separation projects in the metropolitan region to reduce conflicts between vehicular and rail traffic, giving priority to grade crossings involving public transit rail or bus lines.

(605 ILCS 10/19.3 new)

Sec. 19.3. Toll rate optimization for efficiency and affordability.

(a) The General Assembly finds that, as demonstrated in managed lane systems around the country, toll rates that vary throughout the day to help match highway supply with highway travel demand will lead to more efficient utilization of the tollway, reduced congestion, and improved safety. The General Assembly further finds that variable toll rates that adjust dynamically with travel demand offer the Authority an opportunity to offer discounted toll rates to the public during off-peak periods, improving transportation affordability. Reducing traffic backups due to congestion will improve safety on the toll highways and limit motorists burdening the streets in adjacent communities with traffic from motorists trying to avoid such congestion.

(b) Beginning with the fiscal year starting January 1, 2031, the Authority shall implement variable toll rates that change at regular intervals throughout the day to help maintain free flowing traffic, delivering improved travel times and reliability for the public and freight carriers.

(c) The Authority may implement variable tolling on some or all lanes in a corridor but at least one lane in each direction in every corridor shall have variable toll rates.

(d) The Authority shall set variable toll rates at levels designed to maintain a free flow of traffic in the variably priced lanes at a speed of at least 50 miles per hour.

(e) The Authority may implement variable tolling through fixed time-of-day schedules or dynamically, changing toll rates based on actual observed traffic levels to ensure free flowing traffic on the variably tolled lanes, provided that all variable tolling in the metropolitan region as defined by the Northern Illinois Transit Authority Act shall be done dynamically.

(f) Consistent with its obligations under Section 19 to charge the lowest toll rates required for the Authority to meet its obligations, the Authority shall endeavor to offer lower toll rates during off-peak periods than it would have charged had its toll rates remained fixed and the Authority shall communicate the timing and extent of these lower toll rates to the public.

(g) The Authority may engage experts in the field of managed lanes and dynamic highway pricing to assist the Authority in fulfilling its obligations under this Section.

(h) Throughout its development of a variable toll rate system the Authority shall do outreach to the public, freight carriers, and other interested parties to explore whether variable rates should cover all or some lanes, pricing strategies, options to lower toll rates during off-peak periods, and other relevant issues to help guide the Authority in its implementation of a variable toll rate system that best balances optimizing system operations with providing affordable travel options to freight carriers and the general public.

(i) The Authority shall use signage, make toll rates accessible in real time to the app developer community and on its website, and take other steps to inform the traveling public in real time of the toll rates applicable when traveling on the toll highways.

(605 ILCS 10/19.4 new)

Sec. 19.4. Road usage charge pilot program.

(a) The Authority, in consultation with the Secretary of State, the Department of Transportation, and other relevant stakeholders, shall develop and implement a statewide pilot program to assess the merits and challenges associated with a road usage charge on motor vehicles that is based on the number of miles traveled on public roadways in the State by those vehicles. The pilot program shall, at a minimum:

(1) analyze alternative means of collecting road usage data, including at least one alternative that does not rely on electronic vehicle location data;

(2) analyze the enforceability of the road usage charge and opportunities to evade or manipulate the charge;

(3) evaluate the impact of a road usage charge on vehicle owners and operators when compared to existing motor fuel taxes and tolls; and

(4) analyze methods for a road usage charge to be implemented alongside or in lieu of the motor fuel tax on gasoline.

(b) By no later than December 31, 2029, the Authority shall deliver a report to the Governor and the General Assembly that summarizes the results of the pilot program, describes emerging best practices for road usage charge programs, and makes recommendations for next steps.

Section 2-95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".