(20 ILCS 2705/2705-203) (Text of Section before amendment by P.A. 104-457) Sec. 2705-203. Transportation asset management plan and performance-based programming. (a) The General Assembly declares it to be in the public interest that a project prioritization process be developed and implemented to: improve the efficiency and effectiveness of the State's transportation system and transportation safety; enhance movement and multi-modal connections of people and goods; mitigate environmental impacts; and promote inclusive economic growth throughout the State. (b) In accordance with Section 2705-200, the Department of Transportation shall develop and publish a statewide multi-modal transportation improvement program for all transportation facilities under its jurisdiction. The development of the program shall use the following methods: (1) use transportation system information to make |
| investment and policy decisions to achieve statewide and regional performance goals established in the State's long-range transportation plan;
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(2) ensure transportation investment decisions emerge
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| from an objective and quantifiable technical analysis;
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(3) evaluate the need and financial support necessary
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| for maintaining, expanding, and modernizing existing transportation infrastructure;
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(4) ensure that all State transportation funds
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| invested are directed to support progress toward the achievement of performance targets established in the State's long-range transportation plan;
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(5) make investment decisions transparent and
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| accessible to the public;
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(6) consider emissions and increase infrastructure
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| resilience to climate change; and
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(7) reduce disparities in transportation system
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| performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act.
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(c) The Department shall develop a risk-based, statewide highway system asset management plan in accordance with 23 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the condition of highway and bridge assets and enhance the performance of the system while minimizing the life-cycle cost. The asset management plan shall be made publicly available on the Department's website.
(d) The Department shall develop a needs-based transit asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure in accordance with 49 CFR Part 625. The goal of the transit asset management plan is to preserve and modernize capital transit assets that will enhance the performance of the transit system. Federally required transit asset management plans developed by the Regional Transportation Authority (RTA) or service boards, as defined in Section 1.03 of the Regional Transportation Authority Act, shall become the transportation asset management plans for all public transportation assets owned and operated by the service boards. The Department's transit asset management plan shall be made publicly available on the Department's website. The RTA shall be responsible for making public transit asset management plans for its service area publicly available.
(e) The Department shall develop a performance-based project selection process to prioritize taxpayer investment in State-owned transportation assets that add capacity. The goal of the process is to select projects through an evaluation process. This process shall provide the ability to prioritize projects based on geographic regions. The Department shall solicit input from localities, metropolitan planning organizations, transit authorities, transportation authorities, representatives of labor and private businesses, the public, community-based organizations, and other stakeholders in its development of the prioritization process pursuant to this subsection.
The selection process shall include a defined public process by which candidate projects are evaluated and selected. The process shall include both a quantitative analysis of the evaluation factors and qualitative review by the Department. The Department may apply different weights to the performance measures based on regional geography or project type. Projects selected as part of the process will be considered for inclusion in the State's multi-year transportation program and the annual element of the multi-year program. Starting April 1, 2022, no new capacity project shall be included in the multi-year transportation plan or annual element without being evaluated under the selection process described in this Section. Existing projects in the multi-year highway improvement program may be included regardless of the outcome of using the performance-based project selection tool. The policies that guide the performance-based project selection process shall be derived from State and regional long-range transportation plans. The Department shall certify that it is making progress toward the goals included in the State's long-range transportation plan. All plan and program development based on the project selection process described in this subsection shall include consideration of regional balance. The selection process shall be based on an objective and quantifiable analysis that considers, at a minimum, the goals identified in the long-range transportation plan and shall:
(1) consider emissions and increase infrastructure
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| resilience due to climate change; and
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(2) reduce disparities in transportation system
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| performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act.
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(f) The prioritization process developed under subsection (e) may apply only to State jurisdiction projects and not to:
(1) projects funded by the Congestion Mitigation and
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| Air Quality Improvement funds apportioned to the State pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
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(2) projects funded by the Highway Safety Improvement
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| Program funds apportioned to the State pursuant to 23 U.S.C. 104(b)(3) and State matching funds;
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(3) projects funded by the Transportation
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| Alternatives funds set-aside pursuant to 23 U.S.C. 133(h) and State matching funds;
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(4) projects funded by the National Highway Freight
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| Program pursuant to 23 U.S.C. 167 and State matching funds;
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(5) funds to be allocated to urban areas based on
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| population under federal law; and
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(6) any new federal program that requires competitive
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| selection, distribution to local public agencies, or specific eligibility.
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(g) A summary of the project evaluation process, measures, program, and scores for all candidate projects shall be published on the Department website in a timely manner.
(Source: P.A. 102-573, eff. 8-24-21.)
(Text of Section after amendment by P.A. 104-457)
Sec. 2705-203. Transportation asset management plan and performance-based programming.
(a) The General Assembly declares it to be in the public interest that a project prioritization process be developed and implemented to: improve the efficiency and effectiveness of the State's transportation system and transportation safety; enhance movement and multi-modal connections of people and goods; mitigate environmental impacts; and promote inclusive economic growth throughout the State.
(b) In accordance with Section 2705-200, the Department of Transportation shall develop and publish a statewide multi-modal transportation improvement program for all transportation facilities under its jurisdiction. The development of the program shall use the following methods:
(1) use transportation system information to make
|
| investment and policy decisions to achieve statewide and regional performance goals established in the State's long-range transportation plan;
|
|
(2) ensure transportation investment decisions emerge
|
| from an objective and quantifiable technical analysis;
|
|
(3) evaluate the need and financial support necessary
|
| for maintaining, expanding, and modernizing existing transportation infrastructure;
|
|
(4) ensure that all State transportation funds
|
| invested are directed to support progress toward the achievement of performance targets established in the State's long-range transportation plan;
|
|
(5) make investment decisions transparent and
|
| accessible to the public;
|
|
(6) consider emissions and increase infrastructure
|
| resilience to climate change; and
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|
(7) reduce disparities in transportation system
|
| performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act.
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|
(c) The Department shall develop a risk-based, statewide highway system asset management plan in accordance with 23 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the condition of highway and bridge assets and enhance the performance of the system while minimizing the life-cycle cost. The asset management plan shall be made publicly available on the Department's website.
(d) The Department shall develop a needs-based transit asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure in accordance with 49 CFR Part 625. The goal of the transit asset management plan is to preserve and modernize capital transit assets that will enhance the performance of the transit system. Federally required transit asset management plans developed by the Northern Illinois Transit Authority or Service Boards, as defined in Section 1.03 of the Northern Illinois Transit Authority Act, shall become the transportation asset management plans for all public transportation assets owned and operated by the Service Boards. The Department's transit asset management plan shall be made publicly available on the Department's website. The Northern Illinois Transit Authority shall be responsible for making public transit asset management plans for its service area publicly available.
(e) The Department shall develop a performance-based project selection process to prioritize taxpayer investment in State-owned transportation assets that add capacity. The goal of the process is to select projects through an evaluation process. This process shall provide the ability to prioritize projects based on geographic regions. The Department shall solicit input from localities, metropolitan planning organizations, transit authorities, transportation authorities, representatives of labor and private businesses, the public, community-based organizations, and other stakeholders in its development of the prioritization process pursuant to this subsection.
The selection process shall include a defined public process by which candidate projects are evaluated and selected. The process shall include both a quantitative analysis of the evaluation factors and qualitative review by the Department. The Department may apply different weights to the performance measures based on regional geography or project type. Projects selected as part of the process will be considered for inclusion in the State's multi-year transportation program and the annual element of the multi-year program. Starting April 1, 2022, no new capacity project shall be included in the multi-year transportation plan or annual element without being evaluated under the selection process described in this Section. Existing projects in the multi-year highway improvement program may be included regardless of the outcome of using the performance-based project selection tool. The policies that guide the performance-based project selection process shall be derived from State and regional long-range transportation plans. The Department shall certify that it is making progress toward the goals included in the State's long-range transportation plan. All plan and program development based on the project selection process described in this subsection shall include consideration of regional balance. The selection process shall be based on an objective and quantifiable analysis that considers, at a minimum, the goals identified in the long-range transportation plan and shall:
(1) consider emissions and increase infrastructure
|
| resilience due to climate change;
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|
(2) reduce disparities in transportation system
|
| performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act; and
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(3) evaluate project potential for mode shift away
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| from single-occupancy vehicles and commercial motor vehicles.
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(f) The prioritization process developed under subsection (e) may apply only to State jurisdiction projects and not to:
(1) projects funded by the Congestion Mitigation and
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| Air Quality Improvement funds apportioned to the State pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
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|
(2) projects funded by the Highway Safety Improvement
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| Program funds apportioned to the State pursuant to 23 U.S.C. 104(b)(3) and State matching funds;
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(3) projects funded by the Transportation
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| Alternatives funds set-aside pursuant to 23 U.S.C. 133(h) and State matching funds;
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(4) projects funded by the National Highway Freight
|
| Program pursuant to 23 U.S.C. 167 and State matching funds;
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(5) funds to be allocated to urban areas based on
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| population under federal law; and
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(6) any new federal program that requires competitive
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| selection, distribution to local public agencies, or specific eligibility.
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(g) A summary of the project evaluation process, measures, program, and scores for all candidate projects shall be published on the Department website in a timely manner.
(Source: P.A. 104-457, eff. 6-1-26.)
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(20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15) Sec. 2705-210. Traffic control and prevention of crashes. (a) The Department has the power to develop, consolidate, and coordinate effective programs and activities for the advancement of driver education, for the facilitation of the movement of motor vehicle traffic, and for the protection and conservation of life and property on the streets and highways of this State and to advise, recommend, and consult with the several departments, divisions, boards, commissions, and other agencies of this State in regard to those programs and activities. The Department has the power to aid and assist the counties, cities, towns, and other political subdivisions of this State in the control of traffic and the prevention of traffic crashes. That aid and assistance to counties, cities, towns, and other political subdivisions of this State shall include assistance with regard to planning, traffic flow, light synchronizing, preferential lanes for carpools, and carpool parking allocations. (b) To further the prevention of crashes, the Department shall conduct a traffic study following the occurrence of any crash involving a pedestrian fatality that occurs at an intersection of a State highway. The study shall include, but not be limited to, consideration of alternative geometric design improvements, traffic control devices, and any other improvements that the Department deems necessary to reduce traffic crashes and fatalities at the location. The Department shall make the results of the study available to the public on its website. (1) As part of the study, the Department shall |
| identify trends, patterns, and correlations including, but not limited to, trends, patterns, and correlations associated with the occurrence of fatal or serious injury traffic crash outcomes in pedestrians and bicyclists population groups.
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(2) If appropriate, the Department shall conduct
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| analyses and identify potential actions to increase traffic safety, which may include, but are not limited to, modifications to street design and infrastructure.
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(3) In conducting analyses and in identifying
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| potential actions, the Department shall coordinate with any other department, agency, or organization deemed relevant by the Department.
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(4) The Department shall make the reports of the
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| analyses and results of the study available to the public upon request.
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(Source: P.A. 104-110, eff. 1-1-26.)
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(20 ILCS 2705/2705-211) (Section scheduled to be repealed on January 1, 2027) Sec. 2705-211. Zero Traffic Fatalities Task Force. (a) On or before July 1, 2025, the Secretary of Transportation shall establish and convene the Zero Traffic Fatalities Task Force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. (b) The members of the Task Force shall include: (1) the Secretary of Transportation, or the |
| Secretary's designee, who shall serve as Chair of the Task Force;
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(2) the Director of State Police, or the Director's
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(3) the Secretary of State, or the Secretary's
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(4) the Director of Public Health, or the Director's
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(5) a member from 3 different public universities in
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| this State, appointed by the Governor;
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(6) a representative of a statewide motorcycle safety
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| organization, appointed by the Governor;
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(7) a representative of a statewide motorist service
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| membership organization, appointed by the Governor;
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(8) a representative of a statewide transportation
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| advocacy organization, appointed by the Governor;
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(9) a representative of a bicycle safety
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| organization, appointed by the Governor;
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(10) a representative of a statewide organization
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| representing municipalities, appointed by the Governor; and
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(11) a representative of a statewide labor
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| organization, appointed by the Governor.
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(c) The Secretary of Transportation shall prepare and submit a report of findings based on the Zero Traffic Fatalities Task Force's efforts to the General Assembly on or before January 1, 2026. The report shall include, but is not limited to, a detailed analysis of the following issues:
(1) The existing process for establishing speed
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| limits, including a detailed discussion on where speed limits are allowed to deviate from the 85th percentile.
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(2) Existing policies on how to reduce speeds on
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(3) A recommendation as to whether an alternative to
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| the use of the 85th percentile as a method for determining speed limits should be considered, and if so, what alternatives should be looked at.
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(4) Engineering recommendations on how to increase
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| vehicular, pedestrian, and bicycle safety.
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(5) Additional steps that can be taken to eliminate
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| vehicular, pedestrian, and bicycle fatalities on the road.
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(6) Existing reports and analyses on calculating the
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| 85th percentile at the local, State, national, and international levels.
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(7) Usage of the 85th percentile in urban and rural
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(8) How local bicycle and pedestrian plans affect the
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(d) This Section is repealed on January 1, 2027.
(Source: P.A. 103-295, eff. 7-28-23; 103-1059, eff. 12-20-24.)
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(20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)
(Text of Section before amendment by P.A. 104-457)
Sec. 2705-300. Powers concerning mass transportation. The Department has the power to do the following:
(1) Advise and assist the Governor and the General |
| Assembly in formulating (i) a mass transportation policy for the State, (ii) proposals designed to help meet and resolve special problems of mass transportation within the State, and (iii) programs of assistance for the comprehensive planning, development, and administration of mass transportation facilities and services.
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(2) Appear and participate in proceedings before any
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| federal, State, or local regulatory agency involving or affecting mass transportation in the State.
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(3) Study mass transportation problems and provide
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| technical assistance to units of local government.
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(4) Encourage experimentation in developing new mass
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| transportation facilities and services.
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(5) Recommend policies, programs, and actions
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| designed to improve utilization of mass transportation services.
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(6) Cooperate with mass transit districts and
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| systems, local governments, and other State agencies in meeting those problems of air, noise, and water pollution associated with transportation.
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(7) Participate fully in a statewide effort to
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| improve transport safety, including, as the designated State agency responsible for overseeing the safety and security of rail fixed guideway public transportation systems in compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
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(A) developing, adopting, and implementing a
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| system safety program standard and procedures meeting the compliance requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330, as now or hereafter amended, for the safety and security of rail fixed guideway public transportation systems within the State; and
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(B) establishing procedures in accordance with 49
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| U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, oversee, investigate, audit, and enforce all other necessary and incidental functions related to the effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or other federal law, pertaining to public transportation oversight. The Department may contract for the services of a qualified consultant to comply with this subsection.
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The security portion of the system safety program,
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| investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Department under this subsection shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information. Except for willful or wanton conduct, neither the Department nor its employees, nor the Regional Transportation Authority, nor the St. Clair County Transit District, nor any mass transit district nor service board subject to this Section, nor their respective directors, officers, or employees, shall be held liable in any civil action for any injury to or death of any person or loss of or damage to property for any act, omission, or failure to act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter amended.
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(8) Conduct by contract or otherwise technical
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| studies, and demonstration and development projects which shall be designed to test and develop methods for increasing public use of mass transportation and for providing mass transportation in an efficient, coordinated, and convenient manner.
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(9) Make applications for, receive, and make use of
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| grants for mass transportation.
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(10) Make grants for mass transportation from the
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| Transportation Fund pursuant to the standards and procedures of Sections 2705-305 and 2705-310.
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Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.
(Source: P.A. 102-559, eff. 8-20-21.)
(Text of Section after amendment by P.A. 104-457)
Sec. 2705-300. Powers concerning mass transportation. The Department has the power to do the following:
(1) Advise and assist the Governor and the General
|
| Assembly in formulating (i) a mass transportation policy for the State, (ii) proposals designed to help meet and resolve special problems of mass transportation within the State, and (iii) programs of assistance for the comprehensive planning, development, and administration of mass transportation facilities and services.
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|
(2) Appear and participate in proceedings before any
|
| federal, State, or local regulatory agency involving or affecting mass transportation in the State.
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|
(3) Study mass transportation problems and provide
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| technical assistance to units of local government.
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|
(4) Encourage experimentation in developing new mass
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| transportation facilities and services.
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|
(5) Recommend policies, programs, and actions
|
| designed to improve utilization of mass transportation services.
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|
(6) Cooperate with mass transit districts and
|
| systems, local governments, and other State agencies in meeting those problems of air, noise, and water pollution associated with transportation.
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|
(7) Participate fully in a statewide effort to
|
| improve transport safety, including, as the designated State agency responsible for overseeing the safety and security of rail fixed guideway public transportation systems in compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:
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|
(A) developing, adopting, and implementing a
|
| system safety program standard and procedures meeting the compliance requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330, as now or hereafter amended, for the safety and security of rail fixed guideway public transportation systems within the State; and
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|
(B) establishing procedures in accordance with 49
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| U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, oversee, investigate, audit, and enforce all other necessary and incidental functions related to the effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or other federal law, pertaining to public transportation oversight. The Department may contract for the services of a qualified consultant to comply with this subsection.
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The security portion of the system safety program,
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| investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Department under this subsection shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information. Except for willful or wanton conduct, neither the Department nor its employees, nor the Northern Illinois Transit Authority, nor the St. Clair County Transit District, nor any mass transit district nor service board subject to this Section, nor their respective directors, officers, or employees, shall be held liable in any civil action for any injury to or death of any person or loss of or damage to property for any act, omission, or failure to act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter amended.
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|
(8) Conduct by contract or otherwise technical
|
| studies, and demonstration and development projects which shall be designed to test and develop methods for increasing public use of mass transportation and for providing mass transportation in an efficient, coordinated, and convenient manner.
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|
(9) Make applications for, receive, and make use of
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| grants for mass transportation.
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|
(10) Make grants for mass transportation from the
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| Transportation Fund pursuant to the standards and procedures of Sections 2705-305 and 2705-310.
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|
Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.
(Source: P.A. 104-457, eff. 6-1-26.)
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(20 ILCS 2705/2705-305) (Text of Section before amendment by P.A. 104-457) Sec. 2705-305. Grants for mass transportation. (a) For the purpose of mass transportation grants and contracts, the following definitions apply: "Carrier" means any corporation, authority, partnership, association, person, or district authorized to provide mass transportation within the State. "District" means all of the following: (i) Any district created pursuant to the Local Mass |
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(ii) The Authority created pursuant to the
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| Metropolitan Transit Authority Act.
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(iii) Any authority, commission, or other entity that
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| by virtue of an interstate compact approved by Congress is authorized to provide mass transportation.
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(iv) The Authority created pursuant to the Regional
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| Transportation Authority Act.
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"Facilities" comprise all real and personal property used in or appurtenant to a mass transportation system, including parking lots.
"Mass transportation" means transportation provided within the State of Illinois by rail, bus, or other conveyance and available to the general public on a regular and continuing basis, including the transportation of persons with disabilities or elderly persons as provided more specifically in Section 2705-310.
"Unit of local government" means any city, village, incorporated town, or county.
(b) Grants may be made to units of local government, districts, and carriers for the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities. Grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization.
(c) The Department shall make grants under this Law in a manner designed, so far as is consistent with the maintenance and development of a sound mass transportation system within the State, to: (i) maximize federal funds for the assistance of mass transportation in Illinois under the Federal Transit Act and other federal Acts; (ii) facilitate the movement of persons who because of age, economic circumstance, or physical infirmity are unable to drive; (iii) contribute to an improved environment through the reduction of air, water, and noise pollution; and (iv) reduce traffic congestion.
(d) The Secretary shall establish procedures for making application for mass transportation grants. The procedures shall provide for public notice of all applications and give reasonable opportunity for the submission of comments and objections by interested parties. The procedures shall be designed with a view to facilitating simultaneous application for a grant to the Department and to the federal government.
(e) Grants may be made for mass transportation projects as follows:
(1) In an amount not to exceed 100% of the nonfederal
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| share of projects for which a federal grant is made.
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(2) In an amount not to exceed 100% of the net
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| project cost for projects for which a federal grant is not made.
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(3) In an amount not to exceed five-sixths of the net
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| project cost for projects essential for the maintenance of a sound transportation system and eligible for federal assistance for which a federal grant application has been made but a federal grant has been delayed. If and when a federal grant is made, the amount in excess of the nonfederal share shall be promptly returned to the Department.
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In no event shall the Department make a grant that, together with any federal funds or funds from any other source, is in excess of 100% of the net project cost.
(f) Regardless of whether any funds are available under a federal grant, the Department shall not make a mass transportation grant unless the Secretary finds that the recipient has entered into an agreement with the Department in which the recipient agrees not to engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators where those private school bus operators are able to provide adequate transportation, at reasonable rates, in conformance with applicable safety standards, provided that this requirement shall not apply to a recipient that operates a school system in the area to be served and operates a separate and exclusive school bus program for the school system.
(g) Grants may be made for mass transportation purposes with funds appropriated from the Build Illinois Bond Fund consistent with the specific purposes for which those funds are appropriated by the General Assembly. Grants under this subsection (g) are not subject to any limitations or conditions imposed upon grants by any other provision of this Section, except that the Secretary may impose the terms and conditions that in his or her judgment are necessary to ensure the proper and effective utilization of the grants under this subsection.
(h) The Department may let contracts for mass transportation purposes and facilities for the purpose of reducing urban congestion funded in whole or in part with bonds described in subdivision (b)(1) of Section 4 of the General Obligation Bond Act, not to exceed $75,000,000 in bonds.
(i) The Department may make grants to carriers, districts, and units of local government for the purpose of reimbursing them for providing reduced fares for mass transportation services for students, persons with disabilities, and the elderly. Grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization.
(j) The Department may make grants to carriers, districts, and units of local government for costs of providing ADA paratransit service.
(Source: P.A. 99-143, eff. 7-27-15.)
(Text of Section after amendment by P.A. 104-457)
Sec. 2705-305. Grants for mass transportation.
(a) For the purpose of mass transportation grants and contracts, the following definitions apply:
"Carrier" means any corporation, authority, partnership, association, person, or district authorized to provide mass transportation within the State.
"District" means all of the following:
(i) Any district created pursuant to the Local Mass
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(ii) The Authority created pursuant to the Chicago
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(iii) Any authority, commission, or other entity that
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| by virtue of an interstate compact approved by Congress is authorized to provide mass transportation.
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(iv) The Authority created pursuant to the Northern
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| Illinois Transit Authority Act.
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|
"Facilities" comprise all real and personal property used in or appurtenant to a mass transportation system, including parking lots.
"Mass transportation" means transportation provided within the State of Illinois by rail, bus, or other conveyance and available to the general public on a regular and continuing basis, including the transportation of persons with disabilities or elderly persons as provided more specifically in Section 2705-310.
"Unit of local government" means any city, village, incorporated town, or county.
(b) Grants may be made to units of local government, districts, and carriers for the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities. Grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization.
(c) The Department shall make grants under this Law in a manner designed, so far as is consistent with the maintenance and development of a sound mass transportation system within the State, to: (i) maximize federal funds for the assistance of mass transportation in Illinois under the Federal Transit Act and other federal Acts; (ii) facilitate the movement of persons who because of age, economic circumstance, or physical infirmity are unable to drive; (iii) contribute to an improved environment through the reduction of air, water, and noise pollution; and (iv) reduce traffic congestion.
(d) The Secretary shall establish procedures for making application for mass transportation grants. The procedures shall provide for public notice of all applications and give reasonable opportunity for the submission of comments and objections by interested parties. The procedures shall be designed with a view to facilitating simultaneous application for a grant to the Department and to the federal government.
(e) Grants may be made for mass transportation projects as follows:
(1) In an amount not to exceed 100% of the nonfederal
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| share of projects for which a federal grant is made.
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(2) In an amount not to exceed 100% of the net
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| project cost for projects for which a federal grant is not made.
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(3) In an amount not to exceed five-sixths of the net
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| project cost for projects essential for the maintenance of a sound transportation system and eligible for federal assistance for which a federal grant application has been made but a federal grant has been delayed. If and when a federal grant is made, the amount in excess of the nonfederal share shall be promptly returned to the Department.
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|
In no event shall the Department make a grant that, together with any federal funds or funds from any other source, is in excess of 100% of the net project cost.
(f) Regardless of whether any funds are available under a federal grant, the Department shall not make a mass transportation grant unless the Secretary finds that the recipient has entered into an agreement with the Department in which the recipient agrees not to engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators where those private school bus operators are able to provide adequate transportation, at reasonable rates, in conformance with applicable safety standards, provided that this requirement shall not apply to a recipient that operates a school system in the area to be served and operates a separate and exclusive school bus program for the school system.
(g) Grants may be made for mass transportation purposes with funds appropriated from the Build Illinois Bond Fund consistent with the specific purposes for which those funds are appropriated by the General Assembly. Grants under this subsection (g) are not subject to any limitations or conditions imposed upon grants by any other provision of this Section, except that the Secretary may impose the terms and conditions that in his or her judgment are necessary to ensure the proper and effective utilization of the grants under this subsection.
(h) The Department may let contracts for mass transportation purposes and facilities for the purpose of reducing urban congestion funded in whole or in part with bonds described in subdivision (b)(1) of Section 4 of the General Obligation Bond Act, not to exceed $75,000,000 in bonds.
(i) The Department may make grants to carriers, districts, and units of local government for the purpose of reimbursing them for providing reduced fares for mass transportation services for students, persons with disabilities, and the elderly. Grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization.
(j) The Department may make grants to carriers, districts, and units of local government for costs of providing ADA paratransit service.
(Source: P.A. 104-457, Article 10, Section 10-35, eff. 6-1-26; 104-457, Article 15, Section 15-40, eff. 6-1-26.)
|
(20 ILCS 2705/2705-310) (Text of Section before amendment by P.A. 104-457) Sec. 2705-310. Grants for transportation for persons with disabilities. (a) For the purposes of this Section, the following definitions apply: "Carrier" means a district or a not for profit corporation providing mass transportation for persons with disabilities on a regular and continuing basis. "Person with a disability" means any individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special mass transportation facilities or special planning or design to utilize ordinary mass transportation facilities and services as effectively as persons who are not so affected. "Unit of local government", "district", and "facilities" have the meanings ascribed to them in Section 2705-305. (b) The Department may make grants from the Transportation Fund and the General Revenue Fund (i) to units of local government, districts, and carriers for vehicles, equipment, and the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities for persons with disabilities and (ii) during State fiscal years 1986 and 1987, to the Regional Transportation Authority for operating assistance for mass transportation for mobility limited persons, including paratransit services for the mobility limited. The grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization. The procedures, limitations, and safeguards provided in Section 2705-305 to govern grants for mass transportation shall apply to grants made under this Section. For the efficient administration of grants, the Department, on behalf of grant recipients under this Section and on behalf of recipients receiving funds under Sections 5309 and 5311 of the Federal Transit Act and State funds, may administer and consolidate procurements and may enter into contracts with manufacturers of vehicles and equipment. (c) The Department may make operating assistance grants from the Transportation Fund to those carriers that, during federal fiscal year 1986, directly received operating assistance pursuant to Section 5307 or Section 5311 of the Federal Transit Act, or under contracts with a unit of local government or mass transit district that received operating expenses under Section 5307 or Section 5311 of the Federal Transit Act, to provide public paratransit services to the general mobility limited population. The Secretary shall take into consideration the reduction in federal operating expense grants to carriers when considering the grant applications. The procedures, limitations, and safeguards provided in Section 2705-305 to govern grants for mass transportation shall apply to grants made under this Section.(Source: P.A. 99-143, eff. 7-27-15.) (Text of Section after amendment by P.A. 104-457) Sec. 2705-310. Grants for transportation for persons with disabilities. (a) For the purposes of this Section, the following definitions apply: "Carrier" means a district or a not for profit corporation providing mass transportation for persons with disabilities on a regular and continuing basis. "Person with a disability" means any individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special mass transportation facilities or special planning or design to utilize ordinary mass transportation facilities and services as effectively as persons who are not so affected. "Unit of local government", "district", and "facilities" have the meanings ascribed to them in Section 2705-305. (b) The Department may make grants from the Transportation Fund and the General Revenue Fund (i) to units of local government, districts, and carriers for vehicles, equipment, and the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities for persons with disabilities and (ii) during State fiscal years 1986 and 1987, to the Northern Illinois Transit Authority for operating assistance for mass transportation for mobility limited persons, including paratransit services for the mobility limited. The grants shall be made upon the terms and conditions that in the judgment of the Secretary are necessary to ensure their proper and effective utilization. The procedures, limitations, and safeguards provided in Section 2705-305 to govern grants for mass transportation shall apply to grants made under this Section. For the efficient administration of grants, the Department, on behalf of grant recipients under this Section and on behalf of recipients receiving funds under Sections 5309 and 5311 of the Federal Transit Act and State funds, may administer and consolidate procurements and may enter into contracts with manufacturers of vehicles and equipment. (c) The Department may make operating assistance grants from the Transportation Fund to those carriers that, during federal fiscal year 1986, directly received operating assistance pursuant to Section 5307 or Section 5311 of the Federal Transit Act, or under contracts with a unit of local government or mass transit district that received operating expenses under Section 5307 or Section 5311 of the Federal Transit Act, to provide public paratransit services to the general mobility limited population. The Secretary shall take into consideration the reduction in federal operating expense grants to carriers when considering the grant applications. The procedures, limitations, and safeguards provided in Section 2705-305 to govern grants for mass transportation shall apply to grants made under this Section.(Source: P.A. 104-457, eff. 6-1-26.) |
(20 ILCS 2705/2705-321)
Sec. 2705-321. Illinois Transit Ridership and Economic Development (TRED)
Pilot Project Program; new facilities and service.
(a) Subject to appropriation, the Department of Transportation shall establish the Illinois Transit
Ridership and Economic Development (TRED) Pilot Project Program to build
transit systems that more effectively address the needs of Illinois workers,
families, and businesses. The Illinois TRED Pilot Project Program shall provide
for new or expanded mass transportation service and facilities, including rapid
transit,
rail, bus, and other equipment used in connection with mass transit, by the
State, a public
entity, or 2 or more of these entities authorized to provide and promote public
transportation in order to increase the level of service available in local
communities, as well as improve the quality of life and economic viability of
the State of Illinois.
The Illinois TRED Pilot Project Program expenditures for mass transportation
service and facilities within the State must:
(1) Improve the economic viability of Illinois by |
| facilitating the transportation of Illinois residents to places of employment, to educational facilities, and to commercial, medical, and shopping districts.
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|
(2) Increase the frequency and reliability of public
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|
(3) Facilitate the movement of all persons, including
|
| those persons who, because of age, economic circumstance, or physical infirmity, are unable to drive.
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|
(4) Contribute to an improved environment through the
|
| reduction of air, water, and noise pollution.
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|
(b) Under the Illinois TRED Pilot Project Program, subject to appropriation, the Department shall fund
each fiscal year, in coordination and consultation with other government
agencies that provide or fund transportation
services, the Illinois Public Transportation Association, and transit
advocates,
projects as specified in subsection (c). Total funding for each project shall
not
exceed $500,000 and the funding for all projects shall not exceed $4,500,000.
The
Department shall submit annual reports to the General Assembly by March 1 of
each
fiscal year regarding the status of these projects, including service to
constituents
including local businesses, seniors, and people with disabilities, costs, and
other
appropriate measures of impact.
(c) Subject to appropriation, the Department shall make grants to any of the following in order to create:
(1) Two demonstration projects for the Chicago
|
| Transit Authority to increase services to currently underserved communities and neighborhoods, such as, but not limited to, Altgeld Gardens, Pilsen, and Lawndale.
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|
(2) (Blank.)
(3) The Intertownship Transportation Program for
|
| Northwest Suburban Cook County, which shall complement existing Pace service and involve cooperation of several townships to provide transportation services for senior residents and residents with disabilities across village and township boundaries that is currently not provided by Pace and by individual townships and municipalities.
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|
(4) RIDES transit services to Richland and Lawrence
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| Counties to extend transit services into Richland and Lawrence Counties and enhance service in Wayne, Edwards, and Wabash Counties that share common travel patterns and needs with Lawrence and Richland counties. Funding shall be used to develop a route structure that shall coordinate social service and general public requirements and obtain vehicles to support the additional service.
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|
(5) Peoria Regional Transportation Initiative, which
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| shall fund the development of a plan to create a regional transportation service in the Peoria-Pekin MSA that integrates and expands the existing services and that would allow local leaders to develop a funding plan and a timetable to secure final political approval. The plan is intended to facilitate regional economic development and provide greater mobility to workers, senior citizens, and people with disabilities.
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|
(6) Rock Island MetroLINK/Black Hawk College
|
| Coordination Project, which shall increase mobility for lower income students to access educational services and job training on the metropolitan bus system, which will better link community college students with transportation alternatives.
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|
(7) The West Central Transit District to serve Scott
|
| and Morgan Counties. Funding shall be used to develop a route structure that shall coordinate social service and general public requirements and obtain vehicles to support the service.
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|
(8) Additional community college coordination
|
| projects, which shall increase mobility for lower income students to access educational services and job training on any Champaign-Urbana MTD and Danville Mass Transit bus routes, which will better link community college students with transportation alternatives.
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|
(Source: P.A. 99-143, eff. 7-27-15.)
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(20 ILCS 2705/2705-375) (was 20 ILCS 2705/49.34)
Sec. 2705-375.
Meigs Users Advisory Committee.
(a) The Meigs Users Advisory Committee is hereby created. The Meigs Users
Advisory Committee shall be composed of the following members: (i) 4 members
appointed by the Governor with the advice and consent of the Senate, 2 of whom
shall have extensive knowledge of business and corporate aviation and 2 of
whom shall have extensive knowledge of general aviation; (ii) 4 members
appointed by
the Mayor of the City of Chicago, all of whom shall have extensive knowledge of
general aviation; (iii) 4 members of the General Assembly, one each appointed
by the
President of the Senate, the Speaker of the House, the Minority Leader of the
Senate, and the Minority Leader of the House; and (iv) the Secretary of
Transportation or his or her designee, who shall serve as Chairperson. The
members appointed by the
Governor and
the Mayor shall be users of Meigs Field.
(b) (1) The Secretary of Transportation or his or her |
| designee shall serve during the Secretary's term of office.
|
|
(2) Members of the committee appointed under
|
| subdivision (a)(iii) shall serve for their terms of office, except that no such appointment shall be for a term of more than 3 years. If a committee member who was appointed under subdivision (a)(iii) ceases to be a member of the chamber of the General Assembly from which the member was appointed, he or she shall be replaced in accordance with the method for filling vacancies.
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|
(3) The initial members of the committee who are
|
| appointed by the Mayor of the City of Chicago shall be appointed as follows: one shall be appointed for a term of one year, 2 shall be appointed for terms of 2 years, and one shall be appointed for a term of 3 years. After the expiration of the initial terms, all members of the committee who are appointed by the Mayor of the City of Chicago shall be appointed for terms of 3 years.
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|
(4) The initial members of the committee who are
|
| appointed by the Governor shall be appointed as follows: one shall be appointed for a term of one year, one shall be appointed for a term of 2 years, and 2 shall be appointed for terms of 3 years. After the expiration of the initial terms, all members of the committee who are appointed by the Governor shall be appointed for terms of 3 years.
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|
(5) Any member of the committee is eligible for
|
| reappointment unless he or she no longer meets the applicable qualifications. All members appointed to serve on the committee shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments.
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|
(6) If a vacancy in membership under subdivision
|
| (a)(i) occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies.
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|
(7) The committee shall be deemed established on the
|
| date that a majority of the total number of members has been appointed, regardless of whether any of those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies.
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|
(c) The Committee shall have the power to inspect all books, records,
contracts, financial data, agreements, and documents relating to the operation
and maintenance of Meigs Field, including, without limitation, as-built plans
for all buildings, runways, taxiways, and aprons, the control tower, terminal,
and all related facilities, all security agreements, fire protection
agreements, airline agreements, FOB agreements, concessionaire agreements,
rental/lease agreements, service agreements, financial data and budget reports
including revenues and expenditures, and any and all studies or plans regarding
the land use of Meigs Field.
(d) The chairperson shall give notice to the members of the time and place
for every meeting. The members of the committee shall receive no compensation
or reimbursement of expenses in the performance of their duties.
The Committee shall review and hold public hearings on any proposals or
actions affecting the operation of Meigs Field. The Committee shall issue
recommendations to the Governor, the Mayor of the City of Chicago, and the
General Assembly with regard to these proposals or actions and any other
matters concerning the operation of Meigs Field.
(Source: P.A. 90-6, eff. 6-3-97;
91-239, eff. 1-1-00.)
|
(20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)
Sec. 2705-400. Authorization concerning rail assistance
funds. The Department is hereby authorized to exercise
those
powers necessary for the State to qualify for rail assistance funds
pursuant to relevant federal or State legislation, including but
not
limited to authority to do the following:
(1) Establish a State plan for rail transportation |
| and local rail services, including projects funded under Section 2705-435.
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|
(2) Administer and coordinate the State plan.
(3) Provide in the plan for the equitable
|
| distribution of federal rail assistance funds among State, local, and regional transportation authorities.
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|
(4) Develop or assist the development of local or
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|
(5) Promote, supervise, and support safe, adequate,
|
| and efficient rail services in accordance with the provisions and limitations of Public Act 79-834.
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|
(6) Employ sufficient trained and qualified personnel
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|
(7) Maintain, in accordance with the provisions and
|
| limitations of Public Act 79-834, adequate programs of investigation, research, promotion, and development in connection with these purposes and provide for public hearings.
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|
(8) Provide satisfactory assurances on behalf of the
|
| State that fiscal control and fund accounting procedures will be adopted by the State that may be necessary to ensure proper disbursement of and account for federal funds paid to the State as rail assistance.
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|
(9) Comply with the regulations of the Secretary of
|
| Transportation of the United States Department of Transportation affecting federal rail assistance funds.
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|
(10) Review all impending rail abandonments and
|
| provide its recommendations on those abandonments to the federal Surface Transportation Board.
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|
(Source: P.A. 100-430, eff. 8-25-17.)
|
(20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) (Text of Section before amendment by P.A. 104-457) Sec. 2705-440. Intercity Rail Service. (a) For the purposes of providing intercity railroad passenger service within this State and throughout the United States, the Department is authorized to enter into agreements with any state, state agency, unit of local government or political subdivision, the Commuter Rail Division of the Regional Transportation Authority (or a public corporation on behalf of that Division), architecture or engineering firm, the National Railroad Passenger Corporation, any carrier, or any individual, corporation, partnership, or public or private entity. The cost related to such services shall be borne in such proportion as, by agreement or contract the parties may desire. (b) In providing any intercity railroad passenger service as provided in this Section, the Department shall have the following additional powers: (1) to enter into trackage use agreements with rail |
|
(1.5) to freely lease or otherwise contract for any
|
| purpose any of the locomotives, passenger railcars, and other rolling stock equipment or accessions to any state or state agency, public or private entity, or quasi-public entities;
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|
(2) to enter into haulage agreements with rail
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|
(3) to lease or otherwise contract for use,
|
| maintenance, servicing, and repair of any needed locomotives, rolling stock, stations, or other facilities, the lease or contract having a term not to exceed 50 years (but any multi-year contract shall recite that the contract is subject to termination and cancellation, without any penalty, acceleration payment, or other recoupment mechanism, in any fiscal year for which the General Assembly fails to make an adequate appropriation to cover the contract obligation);
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|
(4) to enter into management agreements;
(5) to include in any contract indemnification of
|
| carriers or other parties for any liability with regard to intercity railroad passenger service;
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|
(6) to obtain insurance for any losses or claims with
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|
(7) to promote the use of the service;
(8) to make grants to any body politic and corporate,
|
| any unit of local government, or the Commuter Rail Division of the Regional Transportation Authority to cover all or any part of any capital or operating costs of the service and to enter into agreements with respect to those grants;
|
|
(9) to set any fares or make other regulations with
|
| respect to the service, consistent with any contracts for the service; and
|
|
(10) to otherwise enter into any contracts necessary
|
| or convenient to provide rail services, operate or maintain locomotives, passenger railcars, and other rolling stock equipment or accessions, including the lease or use of such locomotives, railcars, equipment, or accessions.
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|
(c) All service provided under this Section shall be exempt from all regulations by the Illinois Commerce Commission (other than for safety matters). To the extent the service is provided by the Commuter Rail Division of the Regional Transportation Authority (or a public corporation on behalf of that Division), it shall be exempt from safety regulations of the Illinois Commerce Commission to the extent the Commuter Rail Division adopts its own safety regulations.
(d) In connection with any powers exercised under this Section, the Department
(1) shall not have the power of eminent domain; and
(2) shall not directly operate any railroad service
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|
(e) Any contract with the Commuter Rail Division of the Regional Transportation Authority (or a public corporation on behalf of the Division) under this Section shall provide that all costs in excess of revenue received by the Division generated from intercity rail service provided by the Division shall be fully borne by the Department, and no funds for operation of commuter rail service shall be used, directly or indirectly, or for any period of time, to subsidize the intercity rail operation. If at any time the Division does not have sufficient funds available to satisfy the requirements of this Section, the Division shall forthwith terminate the operation of intercity rail service. The payments made by the Department to the Division for the intercity rail passenger service shall not be made in excess of those costs or as a subsidy for costs of commuter rail operations. This shall not prevent the contract from providing for efficient coordination of service and facilities to promote cost effective operations of both intercity rail passenger service and commuter rail services with cost allocations as provided in this paragraph.
(f) Whenever the Department enters into an agreement with any carrier for the Department's payment of such railroad required maintenance expenses necessary for intercity passenger service, the Department may deposit such required maintenance funds into an escrow account. Whenever the Department enters into an agreement with any State or State agency, any public or private entity or quasi-public entity for the lease, rental or use of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department may deposit such receipts into a separate escrow account. For purposes of this subsection, "escrow account" means any fiduciary account established with (i) any banking corporation which is both organized under the Illinois Banking Act and authorized to accept and administer trusts in this State, or (ii) any national banking association which has its principal place of business in this State and which also is authorized to accept and administer trusts in this State. The funds in any required maintenance escrow account may be withdrawn by the carrier or entity in control of the railroad being maintained, only with the consent of the Department, pursuant to a written maintenance agreement and pursuant to a maintenance plan that shall be updated each year. The funds in an escrow account holding lease payments, use fees, or rental payments may be withdrawn by the Department, only with the consent of the Midwest Fleet Pool Board and deposited into the High-Speed Rail Rolling Stock Fund. The moneys deposited in the escrow accounts shall be invested and reinvested, pursuant to the direction of the Department, in bonds and other interest bearing obligations of this State, or in such accounts, certificates, bills, obligations, shares, pools, or other securities as are authorized for the investment of public funds under the Public Funds Investment Act. Escrow accounts created under this subsection shall not have terms that exceed 20 years. At the end of the term of an escrow account holding lease payments, use fees, or rental payments, the remaining balance shall be deposited in the High-Speed Rail Rolling Stock Fund, a special fund that is created in the State treasury. Moneys in the High-Speed Rail Rolling Stock Fund may be used for any purpose related to locomotives, passenger railcars, and other rolling stock equipment. The Department shall prepare a report for presentation to the Comptroller and the Treasurer each year that shows the amounts deposited and withdrawn, the purposes for withdrawal, the balance, and the amounts derived from investment.
(g) Whenever the Department enters into an agreement with any carrier, State or State agency, any public or private entity, or quasi-public entity for costs related to procurement and maintenance of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department shall deposit such receipts into the High-Speed Rail Rolling Stock Fund. Additionally, the Department may make payments into the High-Speed Rail Rolling Stock Fund for the State's share of the costs related to locomotives, passenger railcars, and other rolling stock equipment.
(Source: P.A. 103-707, eff. 1-1-25; 104-417, eff. 8-15-25.)
(Text of Section after amendment by P.A. 104-457)
Sec. 2705-440. Intercity rail service.
(a) For the purposes of providing intercity railroad passenger service within this State and throughout the United States, the Department is authorized to enter into agreements with any state, state agency, unit of local government or political subdivision, the Commuter Rail Division of the Northern Illinois Transit Authority (or a public corporation on behalf of that Division), architecture or engineering firm, the National Railroad Passenger Corporation, any carrier, or any individual, corporation, partnership, or public or private entity. The cost related to such services shall be borne in such proportion as, by agreement or contract the parties may desire.
(b) In providing any intercity railroad passenger service as provided in this Section, the Department shall have the following additional powers:
(1) to enter into trackage use agreements with rail
|
|
(1.5) to freely lease or otherwise contract for any
|
| purpose any of the locomotives, passenger railcars, and other rolling stock equipment or accessions to any state or state agency, public or private entity, or quasi-public entities;
|
|
(2) to enter into haulage agreements with rail
|
|
(3) to lease or otherwise contract for use,
|
| maintenance, servicing, and repair of any needed locomotives, rolling stock, stations, or other facilities, the lease or contract having a term not to exceed 50 years (but any multi-year contract shall recite that the contract is subject to termination and cancellation, without any penalty, acceleration payment, or other recoupment mechanism, in any fiscal year for which the General Assembly fails to make an adequate appropriation to cover the contract obligation);
|
|
(4) to enter into management agreements;
(5) to include in any contract indemnification of
|
| carriers or other parties for any liability with regard to intercity railroad passenger service;
|
|
(6) to obtain insurance for any losses or claims with
|
|
(7) to promote the use of the service;
(8) to make grants to any body politic and corporate,
|
| any unit of local government, or the Commuter Rail Division of the Northern Illinois Transit Authority to cover all or any part of any capital or operating costs of the service and to enter into agreements with respect to those grants;
|
|
(9) to set any fares or make other regulations with
|
| respect to the service, consistent with any contracts for the service; and
|
|
(10) to otherwise enter into any contracts necessary
|
| or convenient to provide rail services, operate or maintain locomotives, passenger railcars, and other rolling stock equipment or accessions, including the lease or use of such locomotives, railcars, equipment, or accessions.
|
|
(c) All service provided under this Section shall be exempt from all regulations by the Illinois Commerce Commission other than for safety matters.
(d) In connection with any powers exercised under this Section, the Department
(1) shall not have the power of eminent domain; and
(2) shall not directly operate any railroad service
|
|
(e) Any contract with the Commuter Rail Division of the Northern Illinois Transit Authority (or a public corporation on behalf of the Division) under this Section shall provide that all costs in excess of revenue received by the Division generated from intercity rail service provided by the Division shall be fully borne by the Department, and no funds for operation of commuter rail service shall be used, directly or indirectly, or for any period of time, to subsidize the intercity rail operation. If at any time the Division does not have sufficient funds available to satisfy the requirements of this Section, the Division shall forthwith terminate the operation of intercity rail service. The payments made by the Department to the Division for the intercity rail passenger service shall not be made in excess of those costs or as a subsidy for costs of commuter rail operations. This shall not prevent the contract from providing for efficient coordination of service and facilities to promote cost effective operations of both intercity rail passenger service and commuter rail services with cost allocations as provided in this paragraph.
(f) Whenever the Department enters into an agreement with any carrier for the Department's payment of such railroad required maintenance expenses necessary for intercity passenger service, the Department may deposit such required maintenance funds into an escrow account. Whenever the Department enters into an agreement with any State or State agency, any public or private entity or quasi-public entity for the lease, rental or use of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department may deposit such receipts into a separate escrow account. For purposes of this subsection, "escrow account" means any fiduciary account established with (i) any banking corporation which is both organized under the Illinois Banking Act and authorized to accept and administer trusts in this State, or (ii) any national banking association which has its principal place of business in this State and which also is authorized to accept and administer trusts in this State. The funds in any required maintenance escrow account may be withdrawn by the carrier or entity in control of the railroad being maintained, only with the consent of the Department, pursuant to a written maintenance agreement and pursuant to a maintenance plan that shall be updated each year. The funds in an escrow account holding lease payments, use fees, or rental payments may be withdrawn by the Department, only with the consent of the Midwest Fleet Pool Board and deposited into the High-Speed Rail Rolling Stock Fund. The moneys deposited in the escrow accounts shall be invested and reinvested, pursuant to the direction of the Department, in bonds and other interest bearing obligations of this State, or in such accounts, certificates, bills, obligations, shares, pools, or other securities as are authorized for the investment of public funds under the Public Funds Investment Act. Escrow accounts created under this subsection shall not have terms that exceed 20 years. At the end of the term of an escrow account holding lease payments, use fees, or rental payments, the remaining balance shall be deposited in the High-Speed Rail Rolling Stock Fund, a special fund that is created in the State treasury. Moneys in the High-Speed Rail Rolling Stock Fund may be used for any purpose related to locomotives, passenger railcars, and other rolling stock equipment. The Department shall prepare a report for presentation to the Comptroller and the Treasurer each year that shows the amounts deposited and withdrawn, the purposes for withdrawal, the balance, and the amounts derived from investment.
(g) Whenever the Department enters into an agreement with any carrier, State or State agency, any public or private entity, or quasi-public entity for costs related to procurement and maintenance of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department shall deposit such receipts into the High-Speed Rail Rolling Stock Fund. Additionally, the Department may make payments into the High-Speed Rail Rolling Stock Fund for the State's share of the costs related to locomotives, passenger railcars, and other rolling stock equipment.
(Source: P.A. 103-707, eff. 1-1-25; 104-417, eff. 8-15-25; 104-457, eff. 6-1-26.)
|
(20 ILCS 2705/2705-594) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on January 1, 2030) Sec. 2705-594. Transit Integration Policy Development Committee. (a) The Transit Integration Policy Development Committee is created within the Department to better integrate transit policy, planning, and design into Department decisions and highway planning and design. The Committee shall consist of the following members: (1) the Secretary or the Secretary's designee; (2) representatives of the Department that are |
| involved in highway or intermodal project implementation, design, planning, or programming, as designated by the Secretary; and
|
|
(3) transportation experts from outside the
|
| Department, including, but not limited to, staff of a metropolitan planning organization or local transportation department, as designated by the Secretary.
|
|
(b) The Committee shall recommend new policies and processes or shall review and recommend revisions to existing policies and processes for:
(1) identifying existing, planned, and potential
|
| future transit corridors;
|
|
(2) soliciting in a timely fashion and evaluating
|
| feedback from local transit agencies and local governments as it pertains to Department projects on existing, planned, and potential future transit corridors;
|
|
(3) coordinating with local transit authorities,
|
| intercity bus operators, and local governments on the delivery of bus priority projects;
|
|
(4) incorporating designing for transit vehicles and
|
| intercity buses on highway projects in the Department's Design and Environment Manual, including design to facilitate bus-on-shoulder operations; and
|
|
(5) developing a cost and maintenance policy for
|
| construction and maintenance of future facilities in partnership with transit agencies.
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(c) The Committee shall research global best practices on optimizing roadways for public transportation services.
(d) The Committee shall consult with highway and transit experts, transit users, and other individuals and groups with knowledge and experience on how to optimize roadways for public transportation service.
(e) The Department shall implement policies and processes based on recommendations developed by the Transit Integration Policy Development Committee under subsection (b) and shall publish, by January 1, 2027, a report on the modifications to the Department's policies and procedures based on input from the Transit Integration Policy Development Committee. The report shall include the Department's identification of statutory provisions that the Department believes make it difficult or impossible for the Department to implement its recommended best practices for optimizing its highways for public transit service and users.
(f) The Transit Integration Policy Development Committee shall review and evaluate the Department's implementation of policies and processes created or revised under subsection (f). The Committee shall publish a report on the status of the Department's implementation of these policies and procedures by January 1, 2030.
(g) This Section is repealed January 1, 2030.
(Source: P.A. 104-457, eff. 6-1-26.)
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(20 ILCS 2705/2705-630) (This Section may contain text from a Public Act with a delayed effective date) Sec. 2705-630. Transit to Trails Grant Program. (a) Subject to appropriation, the Secretary shall establish the Transit to Trails Grant Program to award grants to eligible entities for projects that facilitate travel by public transportation to public outdoor recreation sites for outdoor activities, including hiking, biking, boating, picnicking, hunting, fishing, wildlife observation, or other nature-based activities. Grants awarded under the program shall be used to: (1) alter or expand the operation of existing transit |
| service to accommodate increased access by the public to outdoor recreation activities;
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(2) construct new infrastructure or improve existing
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| infrastructure to facilitate safe, convenient access to outdoor recreation sites, including, but not limited to, stations, stops, shelters, bike-share, and bicycle infrastructure; and
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(3) conduct public outreach, education, and
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| engagement efforts to inform the public and encourage the use of transit and access to outdoor recreation.
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(b) The Secretary shall award grants through the program on an annual basis. The Department shall adopt necessary rules to create and implement the program.
(c) Eligible recipients of grants under the program shall include:
(1) public transit agencies;
(2) owners of outdoor recreation lands accessible by
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| the general public, including parks districts, conservation districts, and forest preserve districts; and
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(3) units of local government, State agencies, and
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| nonprofit organizations engaged in facilitating outdoor recreation opportunities.
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(d) In considering grant applications under the program, the Department shall prioritize projects that demonstrate an intent to enhance access to outdoor recreation opportunities for populations with the greatest need of improved access to outdoor nature-based recreation. These populations shall be defined as residents of:
(1) R3 Areas as established under Section 10-40 of
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| the Cannabis Regulation and Tax Act;
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(2) environmental justice communities as defined
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| under the Illinois Solar for All Program and updated from time to time by the Illinois Power Agency and the Administrator of the Illinois Solar for All Program;
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(3) communities that can demonstrate to the Secretary
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| that the community has inadequate, insufficient, or no park space or recreation facilities, including by demonstrating:
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(A) quality concerns relating to the available
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| park space or recreation facilities;
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(B) the presence of recreational facilities that
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| do not serve the needs of the community; or
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(C) the inequitable distribution of park space
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| for high-need populations, based on income, age, or other measures of vulnerability and need; and
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(4) communities in which at least 50% of the
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| population is not located within 0.5 miles of park space.
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(e) The Department shall provide technical assistance in preparing grant applications to applicants upon request.
(Source: P.A. 104-457, eff. 6-1-26.)
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