HB1841 95TH GENERAL ASSEMBLY

LRB095 11329 HLH 32033 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1841

Introduced 2/23/2007, by Rep. Julie Hamos - Sidney H. Mathias - David E. Miller - Michael Tryon - Kathleen A. Ryg, et al.

SYNOPSIS AS INTRODUCED:

70 ILCS 3615/1.02	from Ch. 111 2/3, par. 701.02
70 ILCS 3615/2.01a new
70 ILCS 3615/2.12	from Ch. 111 2/3, par. 702.12
70 ILCS 3615/4.13	from Ch. 111 2/3, par. 704.13
70 ILCS 3615/5.01	from Ch. 111 2/3, par. 705.01

Amends the Regional Transportation Authority Act. Provides that the Authority shall have additional regional planning powers and responsibilities, including the power to require a Service Board to change its fare and transfer charges, the power to intervene in and arbitrate disputes between Service Boards, the power to conduct financial audits, and the power to create a "Regional Transit Innovations Fund". Provides that the Authority shall establish regional goals, objectives, and performance standards for the Service Boards. Provides that new powers and duties of the Authority shall sunset 10 years after the effective date. Provides that the Authority shall cooperate with the Chicago Metropolitan Agency for Planning, and shall use the forecasts, assumptions, and plans of the Chicago Metropolitan Agency for Planning as the basis for designing the Authority's 5-year plan, Annual Capital Improvement Plan, and other capital improvement plan. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Regional Transportation Authority Act is amended by changing Sections 1.02, 2.12, 4.13, and 5.01 and by adding Section 2.01a as follows:

(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)

Sec. 1.02. Findings and Purpose. (a) The General Assembly finds;

(i) Public transportation is, as provided in Section 7 of Article XIII of the Illinois Constitution, an essential public purpose for which public funds may be expended and that Section authorizes the State to provide financial assistance to units of local government for distribution to providers of public transportation. There is an urgent need to reform and continue a unit of local government to assure the proper management of public transportation and to receive and distribute State or federal operating assistance and to raise and distribute revenues for local operating assistance. System generated revenues are not adequate for such service and a public need exists to provide for, aid and assist public transportation in the northeastern area of the State, consisting of Cook, DuPage, Kane, Lake, McHenry and Will Counties.

(ii) Comprehensive and coordinated regional public transportation is essential to the public health, safety and welfare. It is essential to economic well-being, maintenance of full employment, conservation of sources of energy and land for open space and reduction of traffic congestion and for providing and maintaining a healthful environment for the benefit of present and future generations in the metropolitan region. Public transportation improves the mobility of the public and improves access to jobs, commercial facilities, schools and cultural attractions. Public transportation decreases air pollution and other environmental hazards resulting from excessive use of automobiles and allows for more efficient land use and planning.

(iii) Because system generated receipts are not presently adequate, public transportation facilities and services in the northeastern area are in grave financial condition. With existing methods of financing, coordination and management, and relative convenience of automobiles, such public transportation facilities are not providing adequate public transportation to insure the public health, safety and welfare.

(iv) Additional commitments to the special public transportation problems of the handicapped, the economically disadvantaged, and the elderly are necessary.

(v) To solve these problems, it is necessary to provide for the creation of a regional transportation authority with the powers necessary to insure adequate public transportation.

(b) The General Assembly further finds, in connection with this amendatory Act of 1983:

(i) Substantial, recurring deficits in the operations of public transportation services subject to the jurisdiction of the Regional Transportation Authority and periodic cash shortages have occurred either of which could bring about a loss of public transportation services throughout the metropolitan region at any time;

(ii) A substantial or total loss of public transportation services or any segment thereof would create an emergency threatening the safety and well-being of the people in the northeastern area of the State; and

(iii) To meet the urgent needs of the people of the metropolitan region that such an emergency be averted and to provide financially sound methods of managing the provision of public transportation services in the northeastern area of the State, it is necessary, while maintaining and continuing the existing Authority, to modify the powers and responsibilities of the Authority, to reallocate responsibility for operating decisions, to change the composition and appointment of the Board of Directors thereof, and to immediately establish a new Board of Directors.

(c) It is the purpose of this Act to provide for, aid and assist public transportation in the northeastern area of the State without impairing the overall quality of existing public transportation by providing for the creation of a single authority responsive to the people and elected officials of the area and with the power and competence to provide financial review of the providers of public transportation in the metropolitan region and facilitate public transportation provided by Service Boards which is attractive and economical to users, comprehensive, coordinated among its various elements, economical, safe, efficient and coordinated with area and State plans.

(d) The General Assembly further finds, in connection with this amendatory Act of the 95th General Assembly:

(i) The economic vitality of northeastern Illinois requires regionwide and systemwide efforts to increase ridership on the transit systems, constrain road congestion within the metropolitan region, and allocate resources for transportation so as to assist in the development of an efficient, integrated regional transit system.

(ii) To achieve the purposes of this amendatory Act of the 95th General Assembly, the powers and duties of the Authority must be enhanced with respect to overall planning and coordination, the provision of an integrated regional transit system, improved customer service and efficiency, and improved systemwide performance.

(Source: P.A. 83-885; 83-886.)

(70 ILCS 3615/2.01a new)

Sec. 2.01a. Regional planning and coordination responsibilities and powers of the Regional Transportation Authority.

(a) After the effective date of this amendatory Act of the 95th General Assembly, and notwithstanding any other provisions of this Act, the Authority shall be responsible for the planning and coordination of an integrated regional transit system, by establishing regional goals, objectives, and performance standards for the Service Boards and all other public transportation services funded by the Authority. Regional goals, objectives, and performance standards shall be developed for the following measures, and any other measures as determined by the Authority, and the Authority shall be held responsible for their implementation:

(1) ridership increases on all public transportation services funded by the Authority, excluding boardings on ADA paratransit or door-to-door dial-a-ride services, and using as the benchmark the 2006 total boardings on transit services operated by the Service Boards;

(2) coordinated fare and transfer policies, including development of a universal fare instrument that riders may use interchangeably on transit operated by all Service Boards or other transportation services within the RTA region;

(3) coordinated services and service interconnections to prevent duplication of services and to promote transfers among transit services, including with respect to any proposed expansions of transit services;

(4) capital and operating improvements intended to enhance ridership or customer service, that can be planned and implemented within a 5-year period, such as more reliable service, more off-peak and weekend service, reduced crowding, improved seat availability, expanded vanpool and rideshare options, employer commute incentives, connections with new developments and job centers, reverse commute and suburb-to-suburb commute options, new technology providing faster service and customer information, customer-oriented trip planning, improved pedestrian inter-modal connections, and fully integrated transit hubs;

(5) location and design of transit stations or transit improvements, for new or existing transit lines, to support maximum transit use by promoting transfers among transit services and policies that promote transit-oriented land development; and

(6) consolidated sales, marketing, and public information programs that promote all transit services within the region.

(b) To further the objectives and purposes of this Section and notwithstanding any other provisions of this Act, the Authority shall have the following additional powers:

(1) The Executive Director of the Authority may require the submission of ridership and other performance or management data from the Service Boards, in whatever form, detail, intervals, or timetable is deemed necessary by the Executive Director, and the Service Boards shall provide that information to the Authority in a timely manner.

(2) The Executive Director of the Authority may require the submission of budget and financial data from the Service Boards, in whatever form, detail, intervals, or timetable is deemed necessary by the Executive Director, and the Service Boards shall provide that information to the Authority in a timely manner.

(3) The Authority may require one or more Service Boards to change its fare and transfer charges, terms, conditions, or policies established by those Service Boards in order to promote the coordination of services and service interconnections, to prevent unnecessary duplication of services, and to promote transfers among transit services.

(4) The Authority may intervene in and arbitrate disputes between Service Boards over services, routes, or schedules, and the decision of the Authority shall be final.

(5) The Authority may, before approving projects for the planning and development of stations or station improvements for inclusion in the 5-Year Program, require a determination that the proposed project supports maximum transit use by promoting transfers among transit services or supports transit-oriented land development intended to generate ridership increases.

(6)The Authority may conduct management, performance, and financial audits of the Service Boards or other transit services funded by the Authority, including project-specific audits to evaluate their compliance with stated goals, objectives, and performance standards required under this Section.

(7) The Authority may conduct, for new transit lines or line extensions, the analysis of all available alternatives and options, in conformance with regional plans, objectives, and performance standards, in order to identify the alternatives that should be considered for more formal assessments.

(8) The Authority may create a "Regional Transit Innovations Fund", using each year up to 15% of any State-authorized or appropriated capital or operating funds received by the Authority, that are not authorized or earmarked by the State of Illinois or the federal government for a specific purpose, and that are in addition to any State, federal, or tax revenues available to the Authority as of the effective date of this amendatory Act of the 95th General Assembly. The Authority may disburse those funds, following a public participation process, to any of the Service Boards, units of local government, or private vendors, for projects or investments that further the purposes of this Section. In making those disbursements, the Authority shall give consideration to projects or investments that are contained in a plan approved by the Chicago Metropolitan Agency for Planning, a county board in the Chicago metropolitan region, or another regional transportation planning organization created pursuant to State or federal law, as long as they conform to the regional goals, objectives, and performance standards adopted by the Authority.

(c) The Authority shall file a report with the General Assembly, Governor, Mayor of the City of Chicago, and Chairman of the Board of each of the counties in the metropolitan region each year by no later than March 31, describing the progress being made in implementing all regional goals, objectives, and performance standards during the previous year, as well as any modifications or updates adopted for the following year. These reports shall be published on the RTA website.

(d) This Section is repealed 10 years after the effective date of this amendatory Act of the 95th General Assembly.

(70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)

Sec. 2.12. Coordination with Planning Agencies. The Authority and the Service Boards shall cooperate with the various public agencies charged with responsibility for long-range or comprehensive planning for the metropolitan region. The Authority shall use the forecasts, assumptions, and plans of the Chicago Metropolitan Agency for Planning (CMAP) as the basis for designing the RTA 5-Year Program, Annual Capital Improvement Plan, and other capital improvement plans or analyses, to the extent possible. The Authority shall submit any such plans to CMAP for review and certification by CMAP that the Plan is consistent with regional plans and priorities. The Authority and the Service Boards shall, prior to the adoption of any Five-Year Program, as provided in paragraph (b) of Section 2.01 of this Act, submit its proposals to such agencies for review and comment. The Authority and the Service Boards may make use of existing studies, surveys, plans, data and other materials in the possession of any State agency or department, any planning agency or any unit of local government.

(Source: P.A. 83-886.)

(70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)

Sec. 4.13. Annual Capital Improvement Plan.

(a) With respect to each calendar year, the Authority, in coordination with the Chicago Metropolitan Agency for Planning (CMAP), shall prepare as part of its Five Year Program an Annual Capital Improvement Plan (the "Plan") which shall describe its intended development and implementation of the Strategic Capital Improvement Program. The Plan shall include the following information:

(i) a list of projects for which approval is sought from the Governor, with a description of each project stating at a minimum the project cost, its category, its location and the entity responsible for its implementation;

(ii) a certification by the Authority that the Authority and the Service Boards have applied for all grants, loans and other moneys made available by the federal government or the State of Illinois during the preceding federal and State fiscal years for financing its capital development activities;

(iii) a certification that, as of September 30 of the preceding calendar year or any later date, the balance of all federal capital grant funds and all other funds to be used as matching funds therefor which were committed to or possessed by the Authority or a Service Board but which had not been obligated was less than $350,000,000, or a greater amount as authorized in writing by the Governor (for purposes of this subsection (a), "obligated" means committed to be paid by the Authority or a Service Board under a contract with a nongovernmental entity in connection with the performance of a project or committed under a force account plan approved by the federal government);

(iv) a certification that the Authority has adopted a balanced budget with respect to such calendar year under Section 4.01 of this Act;

(v) a schedule of all bonds or notes previously issued for Strategic Capital Improvement Projects and all debt service payments to be made with respect to all such bonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result from bonds to be sold prior thereto;

(vi) a long-range summary of the Strategic Capital Improvement Program describing the projects to be funded through the Program with respect to project cost, category, location, and implementing entity, and presenting a financial plan including an estimated time schedule for obligating funds for the performance of approved projects, issuing bonds, expending bond proceeds and paying debt service throughout the duration of the Program; and

(vii) the source of funding for each project in the Plan. For any project for which full funding has not yet been secured and which is not subject to a federal full funding contract, the Authority must identify alternative, dedicated funding sources available to complete the project. The Governor may waive this requirement on a project by project basis.

(b) The Authority shall submit the Plan with respect to any calendar year to the Governor on or before January 15 of that year, or as soon as possible thereafter; provided, however, that the Plan shall be adopted on the affirmative votes of 9 of the then Directors. The Plan may be revised or amended at any time, but any revision in the projects approved shall require the Governor's approval.

(c) The Authority shall seek approval from the Governor only through the Plan or an amendment thereto. The Authority shall not request approval of the Plan from the Governor in any calendar year in which it is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Authority seek approval of the Plan from the Governor for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act.

(d) The Governor may approve the Plan for which approval is requested. The Governor's approval is limited to the amount of the project cost stated in the Plan. The Governor shall not approve the Plan in a calendar year if the Authority is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Governor approve the Plan for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act.

(e) With respect to capital improvements, only those capital improvements which are in a Plan approved by the Governor shall be financed with the proceeds of bonds or notes issued for Strategic Capital Improvement Projects.

(f) Before the Authority or a Service Board obligates any funds for a project for which the Authority or Service Board intends to use the proceeds of bonds or notes for Strategic Capital Improvement Projects, but which project is not included in an approved Plan, the Authority must notify the Governor of the intended obligation. No project costs incurred prior to approval of the Plan including that project may be paid from the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act.

(Source: P.A. 94-839, eff. 6-6-06.)

(70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)

Sec. 5.01. Hearings and Citizen Participation.

(a) The Authority shall, in coordination with the Chicago Metropolitan Agency for Planning (CMAP), provide for and encourage participation by the public in the development and review of public transportation policy, and in the process by which major decisions significantly affecting the provision of public transportation are made. The Authority shall, to the extent possible, use CMAP and its advisory committees and public participation processes in preparing and reviewing RTA plans, budgets, programs, and other matters requiring public involvement.

(b) The Authority shall, in coordination with CMAP, hold such public hearings as may be required by this Act or as the Authority may deem appropriate to the performance of any of its functions.

(c) Unless such items are specifically provided for either in the Five-Year Program or in the annual budget program which has been the subject of public hearings as provided in Sections 2.01 or 4.01 of this Act, the Board shall hold public hearings at which citizens may be heard prior to:

(i) the construction or acquisition of any public transportation facility, the aggregate cost of which exceeds $5 million; and

(ii) the extension of, or major addition to services provided by the Authority or by any transportation agency pursuant to a purchase of service agreement with the Authority.

(d) Unless such items are specifically provided for in the annual budget and program which has been the subject of public hearing, as provided in Section 4.01 of this Act, the Board shall hold public hearings at which citizens may be heard prior to the providing for or allowing, by means of any purchase of service agreement or any grant pursuant to Section 2.02 of this Act, any general increase or series of increases in fares or charges for public transportation, whether by the Authority or by any transportation agency, which increase or series of increases within any twelve months affects more than 25% of the consumers of service of the Authority or of the transportation agency; or so providing for or allowing any discontinuance of any public transportation route, or major portion thereof, which has been in service for more than a year.

(e) At least twenty days prior notice of any public hearing, as required in this Section, shall be given by public advertisement in a newspaper of general circulation in the metropolitan region.

(f) The Authority may designate one or more Directors or may appoint one or more hearing officers to preside over any hearing pursuant to this Act. The Authority shall have the power in connection with any such hearing to issue subpoenas to require the attendance of witnesses and the production of documents, and the Authority may apply to any circuit court in the State to require compliance with such subpoenas.

(Source: P.A. 78-3rd S.S.-5.)

Section 99. Effective date. This Act takes effect upon becoming law.