Full Text of SB1764 102nd General Assembly
SB1764sam001 102ND GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1764
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1764 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Aeronautics Act is amended by | 5 | | changing Sections 34, 34a, and 38.01 as follows:
| 6 | | (620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
| 7 | | Sec. 34. Financial assistance to municipalities and | 8 | | others. The Department, subject to the provisions of Section | 9 | | 41 of this Act,
may render financial assistance in the | 10 | | planning, construction, reconstruction,
extension, | 11 | | development, and improvement of air navigation facilities
| 12 | | including acquisition of land, rights in land, easements | 13 | | including
avigation easements necessary for clear zones or | 14 | | clear areas, costs of
obstruction removal and airport approach | 15 | | aids owned, controlled, or
operated, or to be owned, | 16 | | controlled, or operated by municipalities,
other political |
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| 1 | | subdivisions of this State, or privately owned commercially
| 2 | | operated airports in Illinois, out of appropriations made by
| 3 | | the General Assembly for any such purpose.
The
Department | 4 | | shall not render such financial assistance in connection with
| 5 | | the planning, construction, reconstruction, extension, | 6 | | development or
improvement of
hangars or other airport | 7 | | buildings, or in connection with the subsequent
operation or | 8 | | maintenance of such air navigation facilities unless such | 9 | | facilities are for public use, publicly owned, and of public | 10 | | benefit. As used in this Section, "of public benefit" includes | 11 | | aircraft hangars, fixed-based operator buildings, and aircraft | 12 | | maintenance buildings at nonprimary airports included within | 13 | | the State Airport Plan . The municipality, other political | 14 | | subdivision, or
privately owned commercially operated airports | 15 | | in Illinois,
to which such financial assistance is being | 16 | | extended by the Department,
before such financial assistance | 17 | | is given, shall satisfy the Department
that (a) such air | 18 | | navigation facility will be owned or effectively
controlled, | 19 | | operated, repaired and maintained adequately during its full
| 20 | | useful life, for the benefit of the public, and (b) in | 21 | | connection with
the operation of such air navigation facility, | 22 | | during its full useful
life, the public will not be deprived of | 23 | | its rightful, fair, equal and
uniform use thereof. The owners | 24 | | and operators of an airport receiving
financial assistance | 25 | | under
this Act must adequately control, operate, repair, and | 26 | | maintain the airport
during its full useful life for the |
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| 1 | | benefit of the public. The owners and
operators of an airport | 2 | | receiving financial assistance must ensure that the
public | 3 | | will not be deprived of its rightful, fair, equal, and uniform | 4 | | use of
the airport during its full useful life. For the | 5 | | purposes of this paragraph,
the full useful life of an airport | 6 | | is not less than 20 years after the
financial assistance is | 7 | | received by the owners and operators of the airport.
Nothing | 8 | | in this Section, however,
imposes any obligation
that is | 9 | | inconsistent with any judgment, order, injunction, or decree
| 10 | | of any court that
was rendered before the effective date of | 11 | | this amendatory Act of the 92nd
General Assembly.
| 12 | | Any commercial airport, in order to qualify under the | 13 | | provisions of this
Section must be included in the State | 14 | | Airport Plan as prepared or revised
from time to time by the | 15 | | Illinois Department of Transportation. In the
case of | 16 | | commercial public use airports which are not publicly owned | 17 | | airports,
no such development or planning may be proposed | 18 | | except in connection with
reliever airports included in the | 19 | | current National Airport System Plan.
| 20 | | Improvements to privately owned commercial airports | 21 | | qualifying under this
Section shall be contracted for and | 22 | | constructed or developed under the
supervision
or direction of | 23 | | the Department or such other Department, agency, officer
or | 24 | | employee of this State as the Department may designate.
| 25 | | If a privately owned commercially operated airport | 26 | | receives assistance
under this Section and ceases operations |
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| 1 | | before the predetermined life of
the improvements made with | 2 | | such assistance, the State shall be reimbursed for
the unused
| 3 | | portion of such predetermined life and such claim shall be a | 4 | | lien on the
airport property.
| 5 | | (Source: P.A. 92-341, eff. 8-10-01.)
| 6 | | (620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)
| 7 | | Sec. 34a.
Financial assistance under Section 34 may also | 8 | | include reimbursement
to eligible airport sponsors for the | 9 | | construction or upgrading of Automated Weather Observation | 10 | | Systems (AWOS) financed in whole or in part by State monies. | 11 | | Costs of constructing or upgrading Automated Weather | 12 | | Observation Systems prior to the effective date of this | 13 | | amendatory Act of the 98th General Assembly are eligible for | 14 | | State reimbursements provided that all required State | 15 | | procedures were followed at the time the project was approved | 16 | | by the Department. Financial assistance under Section 34 may | 17 | | also include reimbursements to eligible airport sponsors for | 18 | | land acquisition costs directly related
to projects financed | 19 | | either in whole or in part by federal and State monies,
and for | 20 | | engineering and construction costs directly related to | 21 | | projects financed in whole
or in part by State monies; | 22 | | provided, (1) such engineering , construction, or land | 23 | | acquisition
costs were approved by the Department prior to the | 24 | | payment of these costs
by the airport sponsor, (2) no State or | 25 | | federal monies have previously
been expended for such purposes |
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| 1 | | on such projects, and (3) no State monies
shall be expended as | 2 | | reimbursement on any project for engineering or land
| 3 | | acquisition unless construction costs for that project are | 4 | | funded by the
State. Approval of engineering , construction, or | 5 | | land acquisition costs by the Department
prior to the payment | 6 | | of such costs by
an airport sponsor shall qualify those costs | 7 | | for State reimbursement but
shall not constitute an obligation | 8 | | of State funds in consideration of available appropriation and | 9 | | eligibility of appropriation . Costs of land acquisition
by | 10 | | airport sponsors prior to the effective date of this | 11 | | amendatory act
of 1982 are qualified for State reimbursement | 12 | | provided all federal and State
procedures were followed at the | 13 | | time of acquisition.
| 14 | | (Source: P.A. 98-215, eff. 8-9-13.)
| 15 | | (620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
| 16 | | Sec. 38.01. Project applications.
| 17 | | (a) No municipality or political subdivision in this State | 18 | | state , whether
acting alone or jointly with another | 19 | | municipality or political subdivision
or with the State state , | 20 | | shall submit any project application under the provisions of
| 21 | | the Airport and Airway Improvement Act of
1982, or any | 22 | | amendment
thereof, unless the project and the project | 23 | | application have been first
approved by the Department. Except | 24 | | as provided in subsections (b) or (c) below, no No such | 25 | | municipality or political subdivision
shall directly accept, |
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| 1 | | receive, or disburse any funds granted
by the United States | 2 | | under the Airport and Airway Improvement Act of 1982,
but it | 3 | | shall designate the Department as its agent to accept,
| 4 | | receive, and disburse such funds, provided further , however, | 5 | | nothing
in this Section shall be construed to prohibit the | 6 | | following: | 7 | | i. Any any municipality or any
political subdivision | 8 | | of more than 500,000 inhabitants from disbursing
such | 9 | | funds through its corporate authorities. | 10 | | ii. Any municipality or any political subdivision | 11 | | owning a primary commercial service airport serving at | 12 | | least 10,000 annual enplanements from accepting, | 13 | | receiving, or disbursing funds directly from the federal | 14 | | government. | 15 | | It shall enter into an
agreement with the Department | 16 | | prescribing the terms and conditions of
such agency in | 17 | | accordance with federal laws, rules and regulations and
| 18 | | applicable laws of this State state .
This
subsection (a) does | 19 | | not apply to any project application submitted in
connection | 20 | | with the O'Hare
Modernization Program as defined in Section 10 | 21 | | of the O'Hare Modernization Act , with O'Hare International | 22 | | Airport, or with Midway International Airport .
| 23 | | (b) The City of Chicago may submit a project
application
| 24 | | under the provisions of the Airport and Airway Improvement Act | 25 | | of 1982,
as now or hereafter amended, or any other federal law | 26 | | providing for airport
planning or
development, if the |
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| 1 | | application
is submitted in connection with (i) the O'Hare | 2 | | Modernization Program as defined in
Section 10 of
the O'Hare | 3 | | Modernization Act, (ii) O'Hare International Airport, or (iii) | 4 | | Midway International Airport; and the City may directly | 5 | | accept,
receive, and
disburse any such funds. | 6 | | (c) Any federal money awarded to airports in the State | 7 | | under the Airport and Airway Improvement Act of 1982, or any | 8 | | amendment thereof, that includes project applications approved | 9 | | by the Department where the Department is designated the as | 10 | | agent to accept, receive, and disburse such funds shall also | 11 | | include a State match to the local share of the application for | 12 | | all costs eligible under the Airport and Airway Improvement | 13 | | Act of 1982, or any amendment thereof, subject to the | 14 | | provisions of Section 34 and Section 41 of this Act and | 15 | | available eligible appropriation.
| 16 | | (Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)".
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