Public Act 100-0071
 
HB2581 EnrolledLRB100 10172 AXK 20353 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Toll Highway Act is amended  by changing 
Section 11 as follows:
 
    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)

    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 and a local highway agency or municipality with 
jurisdiction shall enter into an agreement with the Authority 
for the ongoing maintenance of the structures. did
not enter 
into an agreement to the contrary, the Authority shall maintain

the entire structure, including the road surface, at the 
Authority's expense.


    (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.

    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. 97-252, eff. 8-4-11; 98-442, eff. 1-1-14.)