HB3172 101ST GENERAL ASSEMBLY

LRB101 11115 TAE 56334 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3172

Introduced , by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

605 ILCS 10/11

from Ch. 121, par. 100-11

Amends the Toll Highway Act. Provides that, if the acquisition, construction, relocation, operation, regulation, or maintenance of a toll highway requires the relocation of public utilities due to the elimination of a tollway oasis bridge, the Illinois Highway Authority must conduct an assessment in order to determine the most cost-effective means of providing utility service to associated tollway property that remains. Provides that such an assessment shall include an estimate of the total cost of the required relocation of the utilities, an examination of alternative options for the provision of utilities to the relevant tollway property, and the associated costs of each. Provides that, if the assessment indicates that the most cost-effective means of providing utility service to tollway property is via the adjacent municipality, the Authority shall require that the relevant utilities be provided to the tollway property by the adjacent municipality, which shall be appropriately compensated from the sales tax proceeds generated from the subject tollway property. Provides for an intergovernmental agreement to effectuate adequate compensation for the adjacent municipality. Provides that, when a tollway oasis bridge is eliminated, the Authority must conduct an assessment in order to determine the impacts the modification will have on adjacent municipalities and whether, in the interest of equity, such adjacent municipalities should share in any sales tax revenues. Provides that the analysis shall consider several specific criteria relating to pollution, private nuisance, frequency of usage, and the need for public services. Provides that, if the Authority determines that any municipality adjacent to the tollway property is substantially impacted by activities or businesses conducted on the property, it shall be appropriately compensated. Provides that the Authority, the municipality wherein the tollway property is located, and the impacted adjacent municipality shall enter into an intergovernmental agreement to effectuate the requirements and provide for adequate compensation.

A BILL FOR

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 local highway agency or municipality with jurisdiction shall enter into an agreement with the Authority for the ongoing maintenance of the structures..

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

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

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

(e-5) If the acquisition, construction, relocation, operation, regulation or maintenance of a toll highway requires the relocation of public utilities due to the elimination of a tollway oasis bridge, the Authority must conduct an assessment in order to determine the most cost-effective means of providing utility service to associated tollway property that remains. Such an assessment shall include: (1) an estimate of the total cost of the required relocation of the utilities, and (2) an examination of alternative options for the provision of utilities to the relevant tollway property, and the associated costs of each. If the assessment indicates that the most cost-effective means of providing utility service to tollway property is via the adjacent municipality rather than the municipality wherein the subject tollway property is located, the Authority shall require that the relevant utilities be provided to the tollway property by the adjacent municipality, which shall be appropriately compensated from the sales tax proceeds generated from the subject tollway property. The Authority, the municipality wherein the tollway property is located, and the municipality providing the utility service shall enter into an intergovernmental agreement to effectuate this subsection and provide for adequate compensation.

(e-10) If a tollway oasis bridge is eliminated, the Authority must conduct an assessment in order to determine the impacts the modification will have on the municipalities adjacent to tollway property and whether in the interest of equity, such adjacent municipalities should share in any sales tax revenues generated from the tollway property. This analysis shall consider criteria, including, but not limited to: the degree to which adjacent homeowners are exposed to tollway-related noise, pollution and debris; the impact of Tollway lighting on any adjacent homeowners; the presence of trucks and other industrial and commercial vehicles that emit exhaust and noise; the presence of litter from the tollway; the need for first responders to respond to emergencies on tollway property; the usage of adjacent neighborhoods by service vehicles for purposes of ingress or egress to tollway property; and the lack of ability to provide input on the type of land use on the tollway property.

If the Authority determines that any municipality adjacent to the tollway property is substantially impacted by activities or businesses conducted on the property, the adjacent municipality shall be appropriately compensated from the sales tax proceeds generated from the subject tollway property. The Authority, the municipality wherein the tollway property is located, and the impacted adjacent municipality shall enter into an intergovernmental agreement to effectuate this subsection and provide for adequate compensation.

(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. 100-71, eff. 1-1-18.)