(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01) Sec. 2.01. General allocation of responsibility for public transportation. (a) In order to accomplish the purposes as set forth in this Act, the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall: (i) create and adopt plans that implement the public |
| policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation throughout the metropolitan region;
|
|
(ii) set goals, objectives, and standards for the
|
| Authority, the Service Boards, and Transportation Agencies;
|
|
(iii) develop and use service standards and
|
| performance standards to objectively and transparently determine the level, nature, and kinds of public transportation that should be provided throughout the metropolitan region;
|
|
(iv) budget and allocate operating and capital funds
|
| made available to support public transportation in the metropolitan region;
|
|
(v) provide financial oversight of the Service
|
|
(vi) coordinate the provision of public
|
| transportation and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region, all as provided in this Act;
|
|
(vii) set fares and plan, procure, and operate an
|
| integrated fare collection system;
|
|
(viii) conduct operations, service, and capital
|
|
(ix) provide design and construction oversight of
|
|
(x) be responsible for ensuring that public
|
| transportation service in the metropolitan region complies with Title VI of the Civil Rights Act of 1964; and
|
|
(xi) subject to applicable land use laws, develop or
|
| participate in residential and commercial development on and in the vicinity of public transportation stations and routes as deemed necessary to facilitate transit-supportive land uses, increase public transportation ridership, generate revenue, and improve access to jobs and other opportunities in the metropolitan region by public transportation.
|
|
The Service Boards shall, on a continuing basis provide for the metropolitan region public transportation service of the level, nature, and kind determined by the Authority in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation by purchasing such service from Transportation Agencies through purchase of service agreements, by grants to such agencies or by operating such service, all pursuant to this Act and the Chicago Transit Authority Act. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by a supermajority vote: a Strategic Plan; a 5-Year Capital Program; and an Annual Budget and 2-Year Financial Plan.
The Authority has ultimate responsibility for providing the metropolitan region with a high-quality public transportation system and, subject to the requirements of this Act and applicable law and agreements, shall have the final responsibility for allocating duties among the Service Boards and between the Service Boards and the Authority itself. Nothing in this Act shall prevent the Authority from delegating to the Service Boards powers and duties in addition to those expressly assigned to the Service Boards under this Act.
(b) The Authority shall subject the operating and capital plans and expenditures of the Service Boards to continuing review so that the Authority may budget and expend its funds with maximum effectiveness and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits shall include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of Transportation Agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a Transportation Agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or Transportation Agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.
The Authority shall have ready access at any time to information regarding Service Board operations and has the right to demand and receive information from a Service Board concerning any aspect of the Service Board's operations at any time.
(c) The Authority shall not (i) use any funds in its budget, or in reserves, allocated for operational expenses to fund capital projects or (ii) transfer moneys from any funds in its budget, or in reserves, allocated for operational expenses to an account primarily used to fund capital projects.
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.01a) Sec. 2.01a. Strategic Plan. (a) By a supermajority vote, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County, at least one of which shall be held in the City of Chicago, and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation. (b) The Strategic Plan shall identify goals and objectives with respect to: (i) increasing ridership and passenger miles on |
| public transportation funded by the Authority;
|
|
(ii) increasing per capita transit ridership and the
|
| share of trips taken by transit in the region;
|
|
(iii) using public transportation to reduce
|
| greenhouse gas and other emissions from the transportation sector;
|
|
(iv) coordination of public transportation services
|
| and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;
|
|
(v) coordination of fare and transfer policies to
|
| promote transfers by riders among Service Boards, Transportation Agencies, and public transportation modes, which may include goals and objectives for development of a universal fare instrument that riders may use interchangeably on all public transportation funded by the Authority, and methods to be used to allocate revenues from transfers;
|
|
(vi) improvements in public transportation facilities
|
| to bring those facilities into a state of good repair, enhancements that attract ridership and improve customer service, and expansions needed to serve areas with sufficient demand for public transportation;
|
|
(vii) increasing access for transit-dependent
|
| populations, including low-income communities, seniors, students, and people with disabilities;
|
|
(viii) increasing access by low-income communities to
|
| places of employment, using analyses provided by the Chicago Metropolitan Agency for Planning regarding employment and transportation availability, and giving consideration to the location of employment centers in each county and the availability of public transportation at off-peak hours and on weekends;
|
|
(ix) the financial viability of the public
|
| transportation system, including both operating and capital programs;
|
|
(x) improving roadway operations within the
|
| metropolitan region to enhance transit options and to improve mobility;
|
|
(xi) land use policies, practices, and incentives
|
| that make more effective use of public transportation services and facilities as community assets and encourage locating the siting of businesses, homes, and public facilities near public transportation services and facilities to provide convenient and affordable travel for residents, customers, and employees in the metropolitan region;
|
|
(xii) policies, practices, and incentives that will
|
| better integrate public transportation with other active modes of transportation; and
|
|
(xiii) such other goals and objectives that advance
|
| the policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation in the metropolitan region.
|
|
(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by the Authority, a Service Board, or a Transportation Agency will be evaluated by the Authority for inclusion, as proposed or with modifications, in the 5-Year Capital Program, which shall be in accordance with the prioritization process set forth in Section 2.39. The Strategic Plan may include criteria for:
(i) allocating funds among maintenance, enhancement,
|
| and expansion improvements;
|
|
(ii) projects to be funded from the Innovation,
|
| Coordination, and Enhancement Fund;
|
|
(iii) projects intended to improve or enhance
|
| ridership or customer service;
|
|
(iv) design and location of station or transit
|
| improvements intended to promote transfers, increase ridership, and support transit-oriented land development;
|
|
(v) assessing the impact of projects on the ability
|
| to operate and maintain the existing transit system; and
|
|
(vi) other criteria that advance the goals and
|
| objectives of the Strategic Plan.
|
|
(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, geographic equity and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer-related performance data measured by line, route, or sub-region, as determined by the Authority, on the following:
(i) travel times and on-time performance;
(ii) ridership data;
(iii) equipment failure rates;
(iv) employee and customer safety;
(v) crowding;
(vi) cleanliness of vehicles and stations;
(vii) service productivity; and
(viii) customer satisfaction.
(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.
(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.
(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. The Authority shall also consult with the Illinois Department of Transportation's Office of Planning and Programming when developing the Strategic Plan. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(h) The Authority may adopt, by a supermajority vote, sub-regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, geographic equity and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub-regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub-region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub-regional or corridor plans.
(i) (Blank).
(Source: P.A. 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.01f) Sec. 2.01f. Service planning. (a) Beginning December 2027, the Authority shall develop a regionally coordinated Service Plan that describes all transit service to be provided in the coming year or years. The Authority may plan service for periods of not less than 1 year and not more than 3 years. (b) To assist in the development of Service Plans, the Authority may issue a request for proposed service plans to all Service Boards. Requests for proposed service plans must indicate the first and last years for which service will be planned and must not cover more than 3 years. Requests for proposed service plans may not be issued to less than all Service Boards. (c) For years in which the Authority is engaged in Service Planning, it shall commence the process by issuing a request for proposed service plans to all the Service Boards by the preceding December 15. The requests for proposed service plans may include: (1) a description of service improvements and changes |
| that the Authority desires to carry out its Strategic Plan and to implement its service standards;
|
|
(2) a description of the estimates of revenue for the
|
| next fiscal year that the Authority has received from the Director of the Governor's Office of Management and Budget;
|
|
(3) a directive to the Service Boards to prepare
|
| service coverage and service-level scenarios assuming various specified budget allocations for each Service Board;
|
|
(4) a description of the degree to which Service
|
| Boards may make changes to the programmed location, frequency, days, and hours of service provided by the Service Board as compared to the Service Board's current approved service plan and the circumstances under which the changes shall be permitted;
|
|
(5) the opportunity for the Service Boards to propose
|
| service improvements along with estimated costs; and
|
|
(6) requests for information the Authority deems
|
| necessary for the Authority to assess how to most effectively and equitably allocate funds among the Service Boards, including estimates of the resources needed to provide each service-level scenario.
|
|
(d) By March 31 following the request for proposed service plans, each Service Board shall present preliminary service proposals in several public hearings conducted by the Authority. A minimum of 3 public hearings shall be held in Cook County, including one in the City of Chicago, and one public hearing shall be held in each of the other counties in the region.
(e) By June 30 following the request for proposed service plans, each Service Board shall submit a proposed service plan in response to the Authority's request, prepared in the format requested by the Authority. Proposed service plans shall outline:
(1) the operating funding assumptions used by the
|
| Service Board to determine that the proposed service is feasible, including any estimates of resources that were requested by the Authority;
|
|
(2) the location, frequency, days and hours of
|
| service, and other details of the service that the Service Board shall provide;
|
|
(3) the reasons for any changes made to the location,
|
| frequency, days, and hours of service provided by the Service Board from the previous service plan;
|
|
(4) the service requirements applicable to the
|
| service provided by the Service Board covering issues such as reliability, cleanliness, and safety; and
|
|
(5) requirements relating to the Service Board's
|
| compliance with Authority fare technology and fare integration efforts, information technology systems, customer communication systems and protocols, branding and advertising efforts, coordination of schedules, and other requirements designed to improve the integration and quality of public transportation in the metropolitan region.
|
|
(f) Before voting on any final regionwide Service Plan, the Authority shall hold at least one public hearing on the regionwide Service Plan.
(g) Before voting on any proposed final regionwide Service Plan, the Authority shall hold at least one meeting for consideration of the regionwide Service Plan with the county board of each of the several counties in the metropolitan region in which the Service Board provides service.
(h) The Board shall review the proposed service plans and compile the plans into a regionwide Service Plan. The Board shall only approve the regionwide Service Plan if it meets the service standards set forth in the Strategic Plan as best as possible considering projected available funds. If the Board fails to approve the proposed regionwide Service Plan, then the Board shall notify each Service Board of any deficiencies identified in that Service Board's contributions to the proposed regionwide Service Plan. The Board shall also notify each Service Board if its reasons for changes from the previous approved service plan fail to comply with any guidance provided by the Board in the previous request for service plans as described in paragraph (4) of subsection (e). Service Boards shall not continue to operate service changes that the Board deems to have failed to comply with guidance provided by the Board, unless the service is included in the regionwide service plan approved by the Board.
(i) If the Board finds that the proposed regionwide Service Plan does not meet the service standards, the Board shall adopt a regionwide Service Plan that does. In all cases, the Board shall adopt a regionwide Service Plan by no later than December 31 following the request for plans.
(Source: P.A. 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02. Purchase of service contracts; grants. (a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contracts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under the Public Utilities Act.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the Illinois Human Rights
Act and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 100-863, eff. 8-14-18.)
|
(70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04) Sec. 2.04. Fares and nature of service. (a) The Authority shall have the sole authority to: (i) set and coordinate fares and charges for public transit services in the metropolitan region, including public transportation provided by Transportation Agencies pursuant to purchase of service or grant agreements with the Authority, and (ii) establish the nature and standards of public transit to be provided in accordance with the Strategic Plan and service standards. However, the Authority may not increase the fares of any service provided by a Service Board until one year after the effective date of this amendatory Act of the 104th General Assembly. Beginning one year after the effective date of this amendatory Act of the 104th General Assembly, the Board may not increase the fares of any Service Board before evaluating the effects of increase fares. (b) Whenever a Service Board provides any public transportation pursuant to purchase of service or grant agreements to Transportation Agencies for operating expenses (other than with regard to experimental programs) or pursuant to any purchase of service agreement, the purchase of service agreement or grant contract shall provide for the level and nature of fares or charges to be made for such services, and the nature and standards of public transportation to be so provided. A Service Board shall require all Transportation Agencies with which it contracts, or from which it purchases transportation services or to which it makes grants to provide half fare transportation for their student riders if any of such agencies provide for half fare transportation to their student riders. (c) In so providing for the fares or charges and the nature and standards of public transportation, any purchase of service agreements or grant contracts shall provide, among other matters, for the terms or cost of transfers or interconnections between different modes of transportation and different public Transportation Agencies, schedules or routes of such service, changes which may be made in such service, the nature and condition of the facilities used in providing service, the manner of collection and disposition of fares or charges, the records and reports to be kept and made concerning such service, for interchangeable tickets or other coordinated or uniform methods of collection of charges, and shall further require that the Transportation Agency comply with any determination made by the Board of the Authority under and subject to the provisions of Section 2.12b of this Act. In regard to any such service, the Authority and the Service Boards shall give attention to and may undertake programs to promote use of public transportation and to provide coordinated ticket sales and passenger information. In the case of a grant to a Transportation Agency which remains subject to Illinois Commerce Commission supervision and regulation, the Service Boards shall exercise the powers set forth in this Section in a manner consistent with such supervision and regulation by the Illinois Commerce Commission. (d) The Authority shall develop and implement a regionally coordinated and consolidated fare collection system. (e) The Authority may delegate the responsibility for all or some aspects of physical fare collection to the Service Boards. (f) Prior to adopting any fare structure ordinance, the Authority shall allow a reasonable time for public input and hold public hearings under subsection (e-5) of Section 5.01. (g) The Authority shall submit the proposed fare structure ordinance to each Service Board for feedback. (h) By no later than January 1, 2028, the Authority, in coordination with the Service Boards, shall undertake a joint procurement for a next generation fare collection system, which shall include, among other things, a unified mobile ticket application, that shall be procured and implemented by the Authority by February 1, 2030, as a unified regional fare payment system. All agreements for, or related to, a regional fare payment system must include provisions for data sharing that allow the Authority and the Service Boards access to all data generated by the fare collection system. (i) Whenever the Authority adopts a fare policy establishing or modifying interagency passes, tickets, or transfers, the policy shall also set forth the fare-sharing agreements between the Service Boards that apply to the revenue raised from interagency fare passes, tickets, and transfers. Except as specified in such an agreement, all fare revenue generated and received by the Authority shall be disbursed by the Authority to the Service Board responsible for generating the revenue. (j)(1) The Authority shall have sole authority over and be responsible for administering all special fare programs, including free and reduced fares for seniors and people with disabilities, and other special fare programs. (2) The Authority and the Chicago Transit Authority shall provide for free rides for active duty military personnel in uniform or with appropriate identification, and disabled veterans of the United States Armed Forces under the same terms as Section 3-33-260 of the Chicago Municipal Code. (3) Any fixed-route public transportation services provided by, or under grant or purchase of service contracts of, a Service Board shall be provided without charge to senior citizens aged 65 and older, and all persons with a disability, who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such conditions as shall be prescribed by Authority. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Nothing in this Section shall relieve the Authority from providing reduced fares as may be required by federal law. The Authority shall provide the Department of Public Health with a monthly list of all riders that receive free or reduced fares under this subsection. The list shall include an individual's name, address, and date of birth. The Department of Public Health shall, within 2 weeks after receipt of the list, report back to the Authority any discrepancies that indicate that a rider receiving free or reduced fare services is deceased. The Authority, upon receipt of the report from the Department of Public Health, shall take appropriate steps to remove any deceased individual's name from the list of individuals eligible under the free or reduced fare programs. (4) By no later than 2 years after the effective date of this amendatory Act of the 104th General Assembly, the Authority shall develop the following programs: (A) An income-based reduced fare program for: (i) veterans; (ii) any United States resident who is 17 years |
| of age or older and has been in and left the physical custody of the Department of Corrections within the last 36 months; and
|
|
(iii) individuals experiencing homelessness.
(B) A free and reduced fare program for domestic
|
| violence and sexual assault survivors, which shall provide free and reduced fares to survivors of domestic violence and sexual assault. The Authority shall not require domestic violence or sexual assault programs to report or share information related to individual program participants or applicants.
|
|
(C) A program across public transportation service
|
| providers for providing free services to a rider for any additional fares for the duration of a daily, weekly, monthly, or 30-day pass once the rider has purchased enough regular one-way fares to reach an amount that is no less than the cost of an applicable pass.
|
|
(k) The Authority shall provide regular annual reports to the Governor and General Assembly on progress made in implementing the changes made to this Act by this amendatory Act of the 104th General Assembly under subsections (f) and (g) of this Section as outlined under Section 2.44.
(Source: P.A. 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.10a) Sec. 2.10a. Zero-emission buses. (a) As used in this Section: "Zero-emission bus" means a bus that is: (1) designed to carry more than 10 passengers and is |
| used to carry passengers for compensation.
|
|
(2) a zero-emission vehicle; and
(3) not a taxi.
"Zero-emission vehicle" means a fuel cell or electric vehicle that:
(1) is a motor vehicle;
(2) is made by a commercial manufacturer;
(3) is manufactured primarily for use on public
|
| streets, roads, and highways;
|
|
(4) has a maximum speed capability of at least 55
|
|
(5) is powered entirely by electricity or powered by
|
| combining hydrogen and oxygen, which runs the motor;
|
|
(6) has an operating range of at least 100 miles; and
(7) produces only water vapor and heat as byproducts.
(b) The Authority may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of a Service Board's transit bus fleet.
(c) For the purposes of determining compliance with this Section, the Authority shall not be deemed to be in violation of this Section when failure to comply is due to:
(1) the unavailability of zero-emission buses from a
|
| manufacturer or funding to purchase zero-emission buses;
|
|
(2) the lack of necessary charging, fueling, or
|
| storage facilities or funding to procure charging, fueling, or storage facilities; or
|
|
(3) the inability of a third party to enter into a
|
| contractual or commercial relationship with the Authority that is necessary to carry out the purposes of this Section.
|
|
(Source: P.A. 103-281, eff. 1-1-24; 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.10b) Sec. 2.10b. Traffic law enforcement. (a) The Authority shall cooperate with local governments and law enforcement agencies in the metropolitan region on the enforcement of laws designed to protect the quality and safety of public transportation operations, such as laws prohibiting unauthorized vehicles from blocking bus stops, bus lanes, or other facilities designated for use by transit vehicles and transit users. (b) Local governments and law enforcement agencies in the metropolitan region may accept photographic, video, or other records derived from cameras and other sensors on public transportation vehicles and facilities as prima facie evidence of a violation of laws that protect the quality and safety of public transportation operations. (c) The Authority may establish by rule an enforcement program that covers jurisdictions in the metropolitan region that lack laws that protect the quality and safety of public transportation operations or that, in the Authority's sole discretion, fail to adequately enforce laws protecting the quality and safety of public transit operations. (d) An enforcement program established under this Section shall contain the following elements: (1) clear definitions of what constitutes a civil |
| violation, such as provisions specifying the number of feet around bus stops where unauthorized vehicles are prohibited from parking;
|
|
(2) publication on the Authority's website of
|
| descriptions and locations of public transportation facilities that are subject to the Authority's enforcement program and other pertinent information about the enforcement program, and clearly posted signs on or near such public transportation facilities visible to drivers;
|
|
(3) a description of the types of evidence, such as
|
| bus camera photos or video, which are sufficient to make a prima facie case that a vehicle or person has violated an Authority enforcement rule;
|
|
(4) provision of adequate notice of an alleged
|
| violation to the registered owner of the vehicle, including, but not limited to: the date, time and location of any violation; the particular regulation violated; the fine and any penalty that may be assessed for late payment; the vehicle make and model, or a photograph of the vehicle; the state registration number of the vehicle; the identification number of the person issuing the notice; information as to the availability of a hearing in which the violation may be contested on its merits; and, service of the notice by first-class mail;
|
|
(5) an administrative adjudication process that gives
|
| registered vehicle owners an opportunity to appear before a neutral party appointed by the Authority to contest the violation on its merits;
|
|
(6) a process through which the hearing officer may
|
| consider in defense of a violation: (i) that the motor vehicle or registration plates or digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation; (ii) that the motor vehicle was hijacked before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation; (iii) that the driver of the vehicle entered the designated bus lane in order to yield the right-of-way to an emergency vehicle; (iv) that the motor vehicle was under the control of or in the possession of a lessee pursuant to a written lease agreement at the time of the violation, so the lessee should be held liable for the violation; or (v) any other evidence or issues provided by Authority rulemaking;
|
|
(7) use of tools, such as remote hearings and
|
| allowance of online submission of documents contesting an alleged violation, to provide alleged violators an adequate opportunity to contest their alleged violation;
|
|
(8) civil violation fees that are no higher than the
|
| highest administrative fees imposed for similar violations by other public agencies in the metropolitan region; and
|
|
(9) appropriate and legally required data privacy and
|
| personal identifying information protections.
|
|
(e) The Authority shall:
(1) cooperate with local governments and law
|
| enforcement agencies to help improve their enforcement of their laws that are designed to improve the quality and safety of public transportation operations;
|
|
(2) inform and consult with local governments and law
|
| enforcement agencies in jurisdictions in which the Authority is establishing and operating an enforcement program under subsections (c) and (d); and
|
|
(3) enter into a revenue sharing agreement with each
|
| local government in jurisdictions in which the Authority is establishing and operating an enforcement program under subsections (c) and (d).
|
|
(i) The agreement shall specify what share of fee
|
| revenue resulting from violations within the jurisdiction of a local government shall be disbursed by the Authority to that local government.
|
|
(ii) The share of revenue retained by the
|
| Authority under the agreement shall be at least sufficient to cover administrative and equipment-related costs required to operate the enforcement program within that jurisdiction.
|
|
(f) In its enforcement programs, if any, under subsection (c) and through its cooperation with local governments and law enforcement agencies on their enforcement programs, the Authority shall strive for as much standardization as feasible throughout the metropolitan region in enforcement programs designed to improve the quality and safety of public transportation operations.
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.11.05) Sec. 2.11.05. NITA Law Enforcement Task Force. (a) The Cook County Sheriff shall establish a multijurisdictional NITA Law Enforcement Task Force led by the Cook County Sheriff's Office in cooperation with the Chicago Police Department, the Metra Police, the Illinois State Police, the sheriff's offices of other counties in the metropolitan region, and other municipal police departments in the metropolitan region. Law enforcement agencies within the metropolitan region not explicitly named in this subsection may participate on the Task Force upon request of the Cook County Sheriff. (b) The Task Force shall be created under an intergovernmental agreement and be dedicated to combating violent and other types of crime with the primary mission of preservation of life and reducing the occurrence and the fear of crime on the public transit system of the Northern Illinois Transit Authority. The objectives of the Task Force shall include, but shall not be limited to, reducing and preventing violent crimes and other illegal activities. The Task Force shall also assist and coordinate with the Chief Transit Safety Officer in the Chief Transit Safety Officer's efforts to enforce the Authority's and Service Boards' codes of conduct and to solve quality of life issues for transit riders and staff. (c) The Task Force may develop and acquire information, training, tools, and resources necessary to implement a data-driven approach to policing, with an emphasis on: (1) preventing violent crime in known hotspots, |
| property crime, and code of conduct violations that are crimes; and
|
|
(2) identifying and arresting persons accused of
|
|
(d) The Task Force may use information sharing, partnerships, crime analysis, and evidence-based practices to assist in the reduction of violent crime, property crime, and other code of conduct violations.
(e) The Task Force shall recognize and use best practices of community-oriented policing and procedural justice. The Task Force may develop potential partnerships with faith-based and community organizations to achieve its goals, including, but not limited to, partnering with social service organizations, to assist persons experiencing homelessness obtain shelter and other services and to assist persons experiencing a mental health or behavioral crisis in connecting with appropriate services.
(f) The Task Force shall identify and use best practices in deflection and diversion programs and other community-based services to redirect low level offenders and persons charged with nonviolent offenses.
(g) The Task Force shall engage in violence suppression strategies, including, but not limited to, details in identified locations that have shown to be the most prone to gun violence and violent crime, focused deterrence against violent gangs and groups considered responsible for the violence in the transit system, and other intelligence driven methods deemed necessary to implement the Task Force's objectives.
(h) To implement this Section, the Cook County Sheriff may establish intergovernmental agreements with law enforcement agencies in accordance with the Intergovernmental Cooperation Act.
(i) Law enforcement agencies that are party to an intergovernmental agreement established under subsection (b) or (h) and that participate in activities described in subsections (c) through (g) may claim funds to defray increased costs incurred by participation in the Task Force from any available moneys provided in support of the Task Force.
(j) The Chicago Police Department shall use any resources provided for participation in the Task Force to supplement, not supplant, existing force strength currently assigned to the Mass Transit Unit within the Chicago Police Department.
(k) The Authority shall provide technical, operational, and material assistance to the Task Force as necessary. The Authority's Chief Transit Safety Officer or the Chief Transit Safety Officer's designee shall participate in the Task Force to facilitate information sharing.
(l) The Task Force shall coordinate with the Chief Transit Safety Officer to identify which code of conduct violations and quality of life issues shall fall under the Task Force's purview, which shall fall under the transit ambassadors' purview, and which shall require the Task Force and transit ambassadors to respond.
(m) Within 6 months after the effective date of this amendatory Act of the 104th General Assembly, the Task Force shall prepare a preliminary report of recommendations for ongoing law enforcement strategies, tactics, and best practices for the Authority transit system. The Task Force shall prepare a final report of recommendations no later than March 1, 2027, and the report shall also make recommendations to be used by the Authority in implementing a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region. The Report shall be submitted to the Coordinated Safety Response Council created under Section 2.11.20.
(n) The Task Force shall disband 3 years after the effective date of this amendatory Act of the 104th General Assembly or upon the Authority's transition to a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region, whichever event occurs first.
(o) Prior to disbanding, the Task Force shall cooperate with the Office of Transit Safety and Experience to develop a plan to transition from the Task Force to a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region.
(Source: P.A. 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.11.15) Sec. 2.11.15. Office of Transit Safety and Experience. (a) The Authority shall establish an Office of Transit Safety and Experience. (b) The Office shall be responsible for: (1) developing, implementing, and overseeing a |
| regionwide safety strategy, working with the Coordinated Safety Response Council;
|
|
(2) promoting code of conduct compliance and the
|
| safety of riders and workers;
|
|
(3) developing safety standards under subsection (a)
|
|
(4) making recommendations relating to system safety
|
| for inclusion in the Authority's Strategic Plan, Annual Budget and 2-Year Financial Plan, 5-Year Capital Program, and other projects and programs;
|
|
(5) making any reports and plans regarding rider and
|
| worker safety required under this Act;
|
|
(6) overseeing the enforcement and facilitation of
|
| the achievement and maintenance of safety standards, the implementation of safety tools and technologies, and the conducting of customer satisfaction polling under Section 2.11;
|
|
(7) coordinating and liaising with law enforcement
|
| agencies, the Task Force, social service agencies, and other government agencies or nongovernmental agencies serving the metropolitan region on safety issues and initiatives;
|
|
(8) strategizing and partnering with law enforcement
|
| agencies as appropriate to ensure as much as possible that the response to safety incidents on public transit facilities occurs pursuant to the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, and the incident response deployment strategy developed by the Safety Coordination Council;
|
|
(9) developing and overseeing policies and programs
|
| to assist riders in their use of the transit system and to connect them to other beneficial government and social services, including through partnerships and contracts with social service agencies and nongovernmental agencies that conduct outreach and provide assistance to unhoused riders;
|
|
(10) collecting and analyzing data on safety
|
| incidents occurring on public transportation in the metropolitan region; and
|
|
(11) developing and implementing policies and
|
| procedures for riders to provide compliments and complaints about their experiences on public transportation in the metropolitan region.
|
|
(c) The Executive Director of the Authority shall, subject to the Board's approval, designate a full-time Chief Transit Safety Officer to lead and manage the Office of Transit Safety and Experience. The Chief Transit Safety Officer shall have previously served in a supervisory capacity at a law enforcement agency and report directly to the Executive Director. The Chief Transit Safety Officer shall receive the same training that all members of the Coordinated Safety Response Council receive under subsection (h) of Section 2.11.20.
(d) Personnel within the Office for Transit Safety and Experience may be organized or assigned into bureaus, sections, or divisions as determined by the Executive Director pursuant to the authority granted by this Act.
(e) To implement this Section, the Authority may establish intergovernmental agreements with law enforcement agencies in accordance with the Intergovernmental Cooperation Act.
(f) To implement this Section, the Authority shall enter into contracts with nongovernmental agencies to provide, or create using the staff of the Authority, programs that offer outreach and assistance to riders that are unhoused, that suffer from mental health issues, or that otherwise may benefit from social services in order to implement the recommendations of the study conducted by the Coordinated Safety Response Council within 6 months of the delivery of the report.
(g) Law enforcement agencies that are party to intergovernmental agreements and nongovernmental agencies that enter into contracts with the Authority to implement the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, the incident response deployment strategy, or a combination thereof may claim funds to defray increased costs incurred by participation in those programs from any available moneys provided in support of the programs.
(h) The Chicago Police Department shall use any resources provided to implement the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, the incident response deployment strategy or combination thereof to supplement, not supplant, existing force strength currently assigned to the Mass Transit Unit within the Chicago Police Department.
(Source: P.A. 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.11.20) Sec. 2.11.20. Coordinated Safety Response Council. (a) The Office of Transit Safety and Experience shall create a standing Coordinated Safety Response Council to facilitate collaboration and synchronization among government agencies and nongovernmental agencies to address safety issues and social service needs for individuals working or riding on public transportations in the metropolitan region. (b) The Office of Transit Safety and Experience shall invite organizations to be members of the Coordinated Safety Response Council. Membership may include major law enforcement agencies and social service providers in the area served by the transit system. Membership shall include, at minimum, staff representing: (1) the Authority's Chief Transit Safety Officer; (2) each Service Board; (3) the Chair of the Riders Advisory Council; (4) the Chair of the ADA Advisory Council; (5) the Cook County State's Attorney's Office; (6) the Cook County Sheriff's Office; (7) the highest ranking officer of the NITA Law |
|
(8) law enforcement agencies whose jurisdiction
|
| includes transit facilities operated by the Authority;
|
|
(9) the Chicago Police Department;
(10) the Chicago Department of Family and Support
|
|
(11) representatives of the labor organizations
|
| representing bus and train operators for the Chicago Transit Authority;
|
|
(12) a representative from an organization currently
|
| providing alternative behavioral health, mobile crisis response;
|
|
(13) a representative from an organization
|
| participating in implementation of the Community Emergency Services and Supports Act;
|
|
(14) representatives from community-based
|
| organizations serving youth, people with disabilities, or individuals experiencing homelessness;
|
|
(15) a representative from the Department of Human
|
|
(16) a representative from a labor organization
|
| representing bus and train operators for the Commuter Rail Division.
|
|
(c) Within 9 months of the effective date of this amendatory Act of the 104th General Assembly, the Coordinated Safety Response Council shall issue a report on using sworn law enforcement officers to respond to crime on public transportation in the metropolitan region, which shall include:
(1) an assessment of the feasibility, advisability,
|
| and necessity of various strategies to use sworn law enforcement officers to respond to crime on public transportation in the metropolitan region; and
|
|
(2) the qualifications, composition, training,
|
| requirements, strategies, roles, and accountability measures, policies, and procedures necessary to implement the outlined strategies.
|
|
(d) In evaluating the feasibility, advisability, and necessity of various strategies to use sworn law enforcement to respond to crime on public transportation, the Coordinated Safety Response Council shall consider:
(1) data, outcomes, and recommendations from the NITA
|
| Law Enforcement Task Force;
|
|
(2) in a holistic manner, the Authority's safety
|
| systems and programs, including the transit ambassador program, safety, surveillance, and communication technologies, infrastructure investments, and external partnerships and contracts and investments;
|
|
(3) the costs and risks associated with the various
|
|
(4) making a recommendation on the optimal strategy
|
| to use law enforcement to respond to crime on public transportation in the metropolitan region.
|
|
(e) The Coordinated Safety Response Council shall be responsible for developing an incident response and long-term safety strategy, including, at minimum:
(1) the appropriate responses, including sworn law
|
| enforcement and social services, for different kinds of safety or code of conduct incidents on public transportation in the region;
|
|
(2) the organization responsible for deploying
|
| resources to provide the identified responses based on incident location and circumstances;
|
|
(3) the agreements, contracts, or communication
|
| protocols needed for the identified organizations to implement the incident response strategy; and
|
|
(4) the protocols necessary to address
|
| multijurisdictional participation in the NITA Law Enforcement Task Force and any future multijurisdictional collaborations, including:
|
|
(A) addressing legal questions of jurisdictional
|
|
(B) creating consistent use of force standards;
(C) promoting consistent training across the
|
| multiple law enforcement entities participating in the NITA Law Enforcement Task Force; and
|
|
(D) clarifying the ordinance authority held by
|
| Chicago Transit Authority to allow multiple jurisdictions to lawfully participate in the NITA Law Enforcement Task Force.
|
|
(f) The incident response and long-term safety strategy shall consider actions and outcomes achievable given a baseline annual funding level of $95,000,000 from the Authority and a baseline level of spending by each local law enforcement agency participating in the council that is no less than that agency's spending relating to public transportation in Fiscal Year 2025.
(g) The Coordinated Safety Response Council shall complete a comprehensive review and evaluation of the incident response and long-term safety strategy no less than once every 3 years. The Coordinated Safety Response Council shall update the incident response and long-term safety strategy as it finds necessary in its evaluation.
(h) Members of the Coordinated Safety Response Council shall, at a minimum, receive or show proof that they have previously received training that is adequate in quality, quantity, scope, and type, on the following topics:
(1) constitutional and other relevant law on
|
| police-community encounters, including the law on the use of force and stops, searches, and arrests;
|
|
(2) police tactics, including de-escalation;
(3) impartial policing;
(4) policing individuals in crisis;
(5) procedural justice; and
(6) cultural competency, including implicit bias and
|
| racial and ethnic sensitivity.
|
|
(i) The Authority shall implement the recommendations of the Coordinated Safety Response Council in a permanent long-term safety plan as soon as possible after the completion of each report.
(j) The Coordinated Safety Response Council shall study the current use of nongovernmental agencies that provide outreach and assistance to riders that (i) are unhoused, (ii) suffer from mental health issues, or (iii) otherwise may benefit from social services. Within 12 months of the effective date of this amendatory Act of the 104th General Assembly, the Coordinated Safety Response Council shall issue a report, which shall include, at a minimum:
(1) an analysis of the cost and effect of these
|
| programs on the population the programs serve and the broader effect the programs have on users of the system;
|
|
(2) any recommendations for changes or improvements
|
|
(3) strategies and best practices to expand and
|
| improve these programs throughout the Service Boards; and
|
|
(4) the qualifications, composition, training,
|
| requirements, strategies, roles, and accountability measures, policies, and procedures necessary to implement the outlined recommendations.
|
|
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.11.30) Sec. 2.11.30. Safety standards and investments. (a) The Authority shall establish, enforce, and facilitate achievement and maintenance of standards of safety with respect to public transportation provided by the Authority or by Transportation Agencies under a purchase of service or grant agreement. (b) The Authority shall establish standards for the design and maintenance of its facilities in ways that increase the safety of and perception of safety by users of the public transportation system. The standards shall address environmental factors that impact safety, such as the lighting of stations and bus stops. (c) The Authority shall explore and, where appropriate, deploy technologies that enhance the safety of users of the public transportation system. (d) The Authority shall ensure that public transportation system users on service provided by any Service Board or Transportation Agency can report safety issues in real time. The Authority shall develop and deploy a single feature in its mobile application that shall allow users of the public transportation system to report safety issues in real time to the Authority. The feature must connect users to law enforcement or other appropriate personnel who can respond to the user's safety concerns in a timely and meaningful manner. This feature shall be operational no later than 180 days of the effective date of this amendatory Act of the 104th General Assembly. (e) The Authority may establish standards for other investments to improve the safety of riders and workers as deemed appropriate. (f) The Authority shall conduct customer satisfaction polling annually. The customer satisfaction polling shall collect quantitative and qualitative data about rider experience and safety, including questions that explore and measure the perception of safety, cleanliness, maintenance, availability, accessibility, dependability, rider information, and rider care by users of the public transportation system. (g) In recognition of the fact that travel by public transportation is significantly safer than travel by other means of surface transportation, the Authority shall work cooperatively with the Department of Transportation, the Illinois State Toll Highway Authority, the Chicago Metropolitan Agency for Planning, and other units of government to assist them in using investments in public transportation facilities and operations as a tool to help the Department and units of local government meet their roadway crash, fatality, and serious injury reduction goals. To the maximum extent allowed by law, the Authority is eligible to receive funding and other assistance from local, State, and federal sources so the Authority can assist in using improved and expanded public transportation in the metropolitan region to improve safety in the surface transportation sector. (h) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Authority under this subsection shall be confidential and 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 the reports, surveys, schedules, lists, data, or information. (i) Neither the Authority or its directors, officers, or employees nor a Service Board or the Service Board's directors, officers, or employees may be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or under 49 CFR Part 659 as now or hereafter amended. (j) 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.) |
(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
Sec. 2.18.
Labor Contracts.
(a) The Authority shall deal with and enter into written contracts with
employees of the Authority, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions, and pension or retirement provisions. Nothing in
this Act shall be construed, however, to permit hours of labor in excess of
those prohibited by law or to permit working conditions prohibited by law.
(b) Whenever the Authority acquires the public transportation facilities
of a transportation agency, either in proceeding by eminent domain or
otherwise, and operates such facilities, all employees actively engaged in
the operation thereof shall be transferred to and appointed as employees of
the Authority, subject to all the rights and benefits of Sections 2.15
through 2.19, and the Authority shall assume and observe all applicable
labor contracts and pension obligations. These employees shall be given
seniority credit and sick leave, vacation, insurance, and pension credits
in accordance with the records or labor agreements from the acquired
transportation system. Members and beneficiaries of any pension or
retirement system or other benefits established by the acquired
transportation system shall continue to have rights, privileges, benefits,
obligations and status with respect to such established system. The
Authority shall assume the obligations of any transportation system
acquired by it with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare and pension or retirement provisions for
these employees. The Authority and the employees, through their
representatives for collective bargaining purposes, shall take whatever
action may be necessary to have pension trust funds presently under the
joint control of such Transportation Agency and the participating employees
through their representatives transferred to the trust funds to be
established, maintained, and administered jointly by the Authority and the
participating employees through their representatives.
(c) Whenever the Authority shall take any of the actions specified in
Section 2.16 (c), it shall do so only after meeting the requirements of
Section 2.16, and in addition, whenever the Authority shall acquire and
operate the public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall do so only
in such manner as to insure the continued applicability to the railroad
employees affected thereby of the provisions of all federal statutes then
applicable to them and a continuation of their existing collective
bargaining agreements until the provisions of said agreements can be
re-negotiated by representatives of the Authority and the representatives
of said employees duly designated as such pursuant to the terms and
provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.);
provided, however, that nothing in this subsection shall prevent the
abandonment of such facilities, or the discontinuance of such operations
pursuant to applicable law, or the substitution of other operations or
facilities for such operations or facilities, whether by merger,
consolidation, coordination or otherwise. In the event new or supplemental
operations or facilities are substituted therefor, the provisions of
Section 2.19 shall be applicable, and all questions concerning the
selection of forces to perform the work of such new or supplemental
facilities or operations, and whether the Authority shall be required to
insure the continued applicability of the federal statutes applicable to
such employees shall be negotiated and, if necessary, arbitrated, in
accordance with the procedures set forth in subsection 2.19 (a).
(Source: P.A. 78-3rd S.S.-5.)
|
(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19) Sec. 2.19. Labor relations procedures. (a) Whenever the Authority proposes to operate or to enter into a contract to operate any new public transportation facility which may result in the displacement of employees or the rearrangement of the working forces of the Authority, the Service Boards or of any Transportation Agency, the Authority shall give at least 90 days written notice of such proposed operations to the representatives of the employees affected and the Authority shall provide for the selection of forces to perform the work of that facility on the basis of agreement between the Authority and the representatives of such employees. In the event of failure to agree, the dispute may be submitted by the Authority or by any representative of the employees affected to final and binding arbitration by an impartial arbitrator to be selected by the American Arbitration Association from a current listing of arbitrators of the National Academy of Arbitrators. (b) In case of any labor dispute not otherwise governed by this Act, by the Labor Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Authority, the Service Boards or any Transportation Agency financed in whole or in part by the Authority and the employees of the Authority, the Service Boards, or any such Transportation Agency, which is not settled by the parties thereto within 30 days from the date of commencement of negotiations, either party may request the assistance of a mediator appointed by either the State or Federal Mediation and Conciliation Service, who shall seek to resolve the dispute. In the event that the dispute is not resolved by mediation within a reasonable period, the mediator shall certify to the parties that an impasse exists. Upon receipt of the mediator's certification, any party to the dispute may, within 7 days, submit the dispute to a fact-finder who shall be selected by the parties pursuant to the rules of the American Arbitration Association from a current listing of members of the National Academy of Arbitrators supplied by the AAA. The fact-finder shall have the duty to hold hearings, or otherwise take evidence from the parties under such other arrangements as they may agree. Upon completion of the parties' submissions, the fact-finder shall have the power to issue and make public findings and recommendations, or to refer the dispute back to the parties for such other appropriate action as he may recommend. In the event that the parties do not reach agreement after the issuance of the fact-finder's report and recommendations, or in cases where neither party requests fact-finding, the Authority shall offer to submit the dispute to arbitration by a board composed of 3 persons, one appointed by the Authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the Authority. The member agreed upon by the labor organization and the Authority shall act as chairman of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of 10 days from the date of the appointment of the two arbitrators representing the Authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from a current listing of the membership of the National Academy of Arbitrators the names of 7 such members of the National Academy from which the third arbitrator shall be selected. The arbitrators appointed by the Authority and the labor organization, promptly after the receipt of such list, shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. The term "labor dispute" shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions, but not limited thereto, and including any controversy concerning any differences or questions that may arise between the parties including but not limited to the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, and the interpretation or application of such collective bargaining agreements and any grievance that may arise. Each party shall pay one-half of the expenses of such arbitration.(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20. General Powers.
(a) Except as otherwise limited by this Act,
the Authority shall
also have all powers necessary to meet its responsibilities and to carry
out its purposes, including, but not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required |
| for immediate use or disbursement, as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended;
|
|
(iii) To make, amend and repeal by-laws, rules and
|
| regulations, and ordinances not inconsistent with this Act;
|
|
(iv) To hold, sell, sell by installment contract,
|
| lease as lessor, transfer or dispose of such real or personal property as it deems appropriate in the exercise of its powers or to provide for the use thereof by any transportation agency and to mortgage, pledge or otherwise grant security interests in any such property;
|
|
(v) To enter at reasonable times upon such lands,
|
| waters or premises as in the judgment of the Authority may be necessary, convenient or desirable for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters or premises, the Authority being liable only for actual damage caused by such activity;
|
|
(vi) To make and execute all contracts and other
|
| instruments necessary or convenient to the exercise of its powers;
|
|
(vii) To enter into contracts of group insurance for
|
| the benefit of its employees and to provide for retirement or pensions or other employee benefit arrangements for such employees, and to assume obligations for pensions or other employee benefit arrangements for employees of transportation agencies, all or part of the facilities of which are acquired by the Authority;
|
|
(viii) To provide for the insurance of any property,
|
| directors, officers, employees or operations of the Authority against any risk or hazard, and to self-insure or participate in joint self-insurance pools or entities to insure against such risk or hazard;
|
|
(ix) To appear before the Illinois Commerce
|
| Commission in all proceedings concerning the Authority, a Service Board or any transportation agency; and
|
|
(x) To pass all ordinances and make all rules and
|
| regulations proper or necessary to regulate the use, operation and maintenance of its property and facilities and, by ordinance, to prescribe fines or penalties for violations thereof. No fine or penalty shall exceed $1,000 per offense. Any ordinance providing for any fine or penalty shall be published in a newspaper of general circulation in the metropolitan region. No such ordinance shall take effect until 10 days after its publication.
|
|
The Authority may enter into arbitration arrangements, which
may be final and binding.
The Commuter Rail
Board shall continue the separate public corporation, known as the
Northeast Illinois Regional Commuter Railroad Corporation, as a
separate operating unit to operate on behalf of the Commuter Rail Board
commuter
railroad facilities, subject at all times to the supervision and
direction of the Commuter Rail Board and may, by ordinance,
dissolve such
Corporation. Such Corporation shall be governed by a Board of Directors
which shall consist of the members of the Transition Board until such
time as all of the members of the Commuter Rail Board are appointed and
qualified and thereafter the members of the Commuter Rail Board. Such
Corporation shall have all the powers given the Authority and the Commuter
Rail Board under Article
II of this Act (other than under Section 2.13) as are delegated to it by
ordinance of the Commuter Rail Board with regard
to such operation of
facilities and the same exemptions, restrictions and limitations as are
provided by law with regard to the Authority shall apply to such
Corporation. Such Corporation shall be a transportation agency as
provided in this Act except for purposes of paragraph (e) of Section
3.01 of this Act.
The Authority shall cooperate with the
Illinois Commerce Commission and local law enforcement agencies in establishing
a two year pilot program in DuPage County to determine the effectiveness of an
automated
railroad grade crossing enforcement system.
(b) In each case in which this Act gives the Authority the power to
construct or acquire real or personal property, the Authority shall have
the power to acquire such property by contract, purchase, gift, grant,
exchange for other property or rights in property, lease (or sublease)
or installment or conditional purchase contracts, which leases or
contracts may provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property may be
acquired subject to such conditions, restrictions, liens, or security or
other interests of other parties as the Authority may deem appropriate,
and in each case the Authority may acquire a joint, leasehold, easement,
license or other partial interest in such property. Any such acquisition
may provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or liabilities
of the seller, lessor, donor or other transferor of or of the trustee
with regard to such property. In connection with the acquisition of
public transportation equipment, including, but not limited to, rolling
stock, vehicles, locomotives, buses or rapid transit equipment, the
Authority may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements and such
other security agreements and may make such agreements and covenants as
required, in the form customarily used in such cases appropriate to
effect such acquisition. Obligations of the Authority incurred pursuant
to this Section shall not be considered bonds or notes within the
meaning of Section 4.04 of this Act.
(c) The Authority shall assume all costs of rights, benefits and
protective conditions to which any employee is entitled under this Act
from any transportation agency in the event of the inability of the
transportation agency to meet its obligations in relation thereto due to
bankruptcy or insolvency, provided that the Authority shall retain the
right to proceed against the bankrupt or insolvent transportation agency
or its successors, trustees, assigns or debtors for the costs assumed.
The Authority may mitigate its liability under this paragraph (c) and
under Section 2.16 to the extent of employment and employment benefits
which it tenders.
(Source: P.A. 97-333, eff. 8-12-11.)
|
(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)
Sec. 2.21.
(a) The Authority or the Commuter Rail Board may not in
the exercise of its powers to provide effective public transportation as
provided by this Act:
(i) require or authorize the operation of, or operate |
| or acquire by eminent domain or otherwise, any public transportation facility or service on terms or in a manner which unreasonably interferes with the ability of a railroad to provide efficient freight or inter-city passenger service. This subparagraph shall not bar the Authority from acquiring title to any property pursuant to Section 2.13 in a manner consistent with this subparagraph.
|
|
(ii) obtain by eminent domain any interest in any
|
| right of way or any other real property of a railroad which is not a public body in excess of the interest to be used for public transportation as provided in this Act.
|
|
(iii) prohibit the operation of public transportation
|
| by a private carrier that does not receive a grant or purchase of service contract from the Authority or a Service Board.
|
|
(b) If in connection with any construction, acquisition, or other
activity undertaken by or for the Authority or a Service Board, or
pursuant to any purchase of
service or grant agreement with the Authority or a Service Board, any
facility of a public
utility (as defined in the Public Utilities Act), is removed or relocated from its then-existing site
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 rights required to
accomplish such relocation or removal, shall be paid by the Authority or
a Service Board. If
any such facilities are so relocated onto the properties of the Authority
or the Service Board
or onto properties made available for that purpose by the Authority or
the Service Board, there
shall be no rent, fee, or other charge of any kind imposed upon the public
utility owning or operating such facilities in excess of that imposed prior
to such relocation and such public utility, and its successors and assigns,
shall be granted the right to operate such facilities 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. Nothing in this paragraph (b) shall prevent the Authority or
the Service Board and a
transportation agency from agreeing in a purchase of service agreement or
otherwise to make different arrangements for such relocations or the costs
thereof.
(Source: P.A. 100-863, eff. 8-14-18.)
|
(70 ILCS 3615/2.30) Sec. 2.30. Paratransit services. (a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations. (b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c). (c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require a supermajority vote. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to: (1) maintain, at a minimum, the levels of ADA |
| paratransit service that are required to be provided by the Service Boards pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;
|
|
(2) transfer the appropriate ADA paratransit
|
| services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the Suburban Bus Board, as necessary, by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c);
|
|
(3) provide for consistent policies throughout the
|
| metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will-call" open-ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription service than are available as of the effective date of this amendatory Act;
|
|
(4) provide that service contracts and rates, entered
|
| into or set after the approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) of this Section, with private carriers and taxicabs for ADA paratransit service are procured by means of an open procurement process;
|
|
(5) provide for fares, fare collection and billing
|
| procedures for ADA paratransit services throughout the metropolitan region;
|
|
(6) provide for performance standards for all ADA
|
| paratransit service transportation carriers, with consideration of door-to-door service;
|
|
(7) provide, in cooperation with the Illinois
|
| Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;
|
|
(8) provide for a system of dispatch of ADA
|
| paratransit services transportation carriers throughout the metropolitan region, with consideration of county-based dispatch systems already in place as of the effective date of this amendatory Act;
|
|
(9) provide for a process of determining eligibility
|
| for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;
|
|
(10) provide for consideration of innovative methods
|
| to provide and fund ADA paratransit services; and
|
|
(11) provide for the creation of one or more ADA
|
| advisory boards, or the reconstitution of the existing ADA advisory boards for the Service Boards, to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.
|
|
(d) All revisions and annual updates to the ADA paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require a supermajority vote.
(e) The Illinois Department of Transportation, the Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.
(f) By no later than April 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require a supermajority vote. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.
(g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.
(h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.40) Sec. 2.40. Suspension of riding privileges and confiscation of fare media. (a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act. (b) Suspension of riding privileges and confiscation of fare media are limited to: (1) violations where the person's conduct places |
| transit employees or transit passengers in reasonable apprehension of a threat to their safety or the safety of others, including assault and battery, as those terms are defined under Sections 12-1 and 12-3 of the Criminal Code of 2012;
|
|
(2) violations where the person's conduct places
|
| transit employees or transit passengers in reasonable apprehension of a threat of a criminal sexual assault, as that term is defined under Section 11-1.20 of the Criminal Code of 2012; and
|
|
(3) violations involving an act of public indecency,
|
| as that term is defined in Section 11-30 of the Criminal Code of 2012.
|
|
(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, and first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following:
(1) the nature of the suspension of riding privileges
|
| or confiscation of fare media;
|
|
(2) the person's rights and available remedies to
|
| contest or appeal the suspension of riding privileges or confiscation of fare media and to apply for reinstatement of riding privileges; and
|
|
(3) the procedures for adjudicating whether a
|
| suspension or confiscation is warranted and for applying for reinstatement of riding privileges, including the time and location of any hearing.
|
|
The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation.
Notwithstanding any other provision of this Section, no person shall be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media, or to attend a hearing to determine whether a suspension or confiscation was warranted, because the person was detained in a jail.
(d) The Authority shall create an administrative suspension hearing process as follows:
(1) The Authority shall designate an official to
|
| oversee the administrative process to decide whether a suspension is warranted and the length of the suspension.
|
|
(2) The accused and related parties, including legal
|
| counsel, may attend this hearing in person, by telephone, or virtually.
|
|
(3) The Authority shall present the
|
| suspension-related evidence and outline the evidence that supports the need for the suspension.
|
|
(4) The accused or the accused's legal counsel can
|
| present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.
|
|
(5) The Authority's designated official shall make a
|
| finding on the suspension.
|
|
(6) The value of unexpended credit or unexpired
|
| passes shall be reimbursed upon suspension of riding privileges or confiscation of fare media.
|
|
(7) The alleged victims of the violation and related
|
| parties, including witnesses who were present, may attend this hearing in person, by telephone, or virtually.
|
|
(8) The alleged victims of the violation and related
|
| parties, including witnesses who were present, can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.
|
|
(e) The Authority shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Authority's findings. A suspended rider is entitled to 2 appeals after the Authority's finding to suspend the person's ridership. A suspended rider may petition the Authority to reinstate the person's ridership privileges one calendar year after the Authority's suspension finding if the length of the suspension is more than one year.
(f) The Authority shall collect, report, and make publicly available in a quarterly timeframe the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media, the conduct leading to the suspension or confiscation, as well as the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, date, and time of day, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.
(Source: P.A. 103-281, eff. 1-1-24; 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.41) Sec. 2.41. Fast-track authority. (a) The Board may designate select projects in the 5-Year Capital Program to be authorized using a fast-track process to be approved along with the 5-Year Capital Program. (1) To be considered for fast-track authorization, a |
| project must meet each of the following criteria:
|
|
(A) It must have over $250,000,000 in 5-year
|
| funding programmed in the 5-Year Capital Program.
|
|
(B) It must have demonstrated local support in
|
| the affected area, as evidenced by comments at public meetings, letters of support from local officials, survey responses, or similar expressions of support.
|
|
(C) It must document benefits from techniques
|
| recognized to lower costs, such as the use of itemized costs, standardized designs, or increased in-house staff to manage contracts.
|
|
(2) The Board shall hold the following hearings for
|
| each fast-track project to demonstrate how the project meets the eligibility criteria before final approval of the 5-Year Capital Program. Before adopting a 5-Year Capital Program with one or more fast-track projects, the Board must meet with and attempt to address concerns raised by (i) the county board president or county executive of each county within which any construction activity for the proposed fast-track projects is to be conducted; (ii) the mayor of Chicago if any fast-track project construction activity may occur within Chicago; and (iii) the Department of Transportation if any fast-track project construction activity will affect highway rights-of-way under State jurisdiction.
|
|
(b) Once the Board has presented the fast-track project, the Board may approve its fast-track status as part of the 5-Year Capital Program. Upon confirmation of fast-track status, the Authority or the relevant Service Board shall notify the State and any unit of local government or public utility affected by any proposed construction, acquisition, or other activity related to the fast-track project. Any agreements, such as cost-sharing agreements for utility relocation, project betterments, and site access, between the Authority or a Service Board and the State, unit of local government, private or public utilities, or private property owners shall be negotiated and executed before fast-track projects are finalized and construction contracts are executed.
(1) If construction related to the fast-track project
|
| will require access to a roadway or right-of-way that is under the jurisdiction of the State or a unit of local government, the Authority shall provide notice to the governmental entity from which the Authority anticipates seeking right-of-way access upon completion of the preliminary plan and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall request access to roadways or right-of-ways, if necessary, from the government entity with jurisdiction over the property. The Authority's request must comply with any existing requirements of the State or unit of local government for access to its roadways or, at minimum, include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work.
|
|
Once an access request is received and complete
|
| information has been provided, as determined by the State or unit of local government from which the Authority seeks access, the government entity with jurisdiction over the relevant roadway will have 60 days to process and respond to the Authority's request. If the State or unit of local government requires additional information or adjustments to the Authority's plans, it will work with the Authority for an additional 45 days to complete its review. If the State or unit of local government fails or is unable to approve the Authority's request within 120 days, the Authority may report the delay to and seek immediate approval from the relevant representative of the State or unit of local government, which is the Regional Engineer of the Department of Transportation's District 1 Office if the request involves a State roadway; the relevant highway superintendent or county engineer if the request involves a county roadway; the transportation commissioner if the request involves a municipality; or the chief executive officer of the relevant organization if the requests involves any other local governmental entity.
|
|
Upon completion of construction, the Authority shall
|
| comply with permit and State or unit of local governmental requirements and restore the roadway to its previous condition, unless otherwise agreed to by the State or unit of local government. The Authority shall provide a survey of the quality of the relevant infrastructure and shall allow the State or unit of local government to inspect the infrastructure. The Authority shall be responsible for any defect in infrastructure or other damage resulting from the Authority's actions. The Authority shall either repair or compensate the State or unit of local government for any damages resulting from the Authority's actions. Unless previously agreed, at no point shall the Authority's use of State or unit of local governmental property be permanent, create a property interest, or affect the jurisdiction of the roadway.
|
|
(2) If a fast-track project requires the removal,
|
| relocation, or modification of any facility of a public utility, the Authority or the relevant Service Board shall provide reasonable notice to the affected public utility when the need for removal or relocation becomes known and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall provide written notice to each affected public utility of the need to remove, relocate, or modify its facilities. The notice shall include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work. If public utility facilities that are subject to removal or relocation are located within State or county highway rights-of-way, then the Authority may, with the consent of the State or appropriate county highway authority, coordinate with the Department of Transportation or county highway authority, and the removal or relocation shall be subject to the terms of the Illinois Highway Code. Any other utility relocation or removal shall be subject to the terms of subsection (b) of Section 2.21.
|
|
Upon receipt of the written notice, the utility shall
|
| prioritize the removal or relocation of the facilities and shall coordinate with the Authority or the relevant Service Board to ensure that the removal or relocation is done safely, efficiently, expeditiously, and without compromising the service to the Authority or the relevant Service Board or the public.
|
|
(Source: P.A. 103-281, eff. 7-28-23; 104-457, eff. 6-1-26; 104-543, eff. 7-10-26.)
|
(70 ILCS 3615/2.45) Sec. 2.45. Transit-Supportive Development Incentive Program. (a) As used in this Section, "transit-supportive development" means commercial or residential development that is designed to expand the public transportation ridership base or to effectively connect public transportation users to such developments. "Transit-supportive development" includes, but is not limited to, laws and policies that further these objectives, capital improvements that foster communities with high per capita transit ridership, and public transportation operation improvements that support efforts to build communities with high per capita transit ridership. (b) The Authority may establish a Transit-Supportive Development Incentive Program and authorize the deposit of Authority moneys into a Transit-Supportive Development Incentive Fund. Amounts on deposit in the Fund and interest and other earnings on those amounts may be used by the Authority, with the approval of its Directors and after a competitive application and scoring process that includes an opportunity for public participation, for operating or capital grants or loans to Service Boards, Transportation Agencies, or units of local government for the following purposes: (1) investment in transit-supportive residential and |
| commercial development, including developments on or in the vicinity of property owned by the Authority, a Service Board, or a Transportation Agency;
|
|
(2) grants to local governments to help cover the
|
| cost of drafting and implementing land use, parking, and other laws that are intended to encourage and shall reasonably have the effect of allowing or supporting transit-supportive residential or commercial development; and
|
|
(3) providing resources for increased public
|
| transportation service in and around transit-supportive residential and commercial developments, especially newly created transit-supportive developments.
|
|
(c) If the Authority establishes such a program, the Authority shall develop and publish scoring criteria that it shall use in making awards from the Transit-Supportive Development Incentive Fund. The scoring criteria shall prioritize high-density development in and in the near vicinity of public transportation stations and routes and shall prioritize projects that (i) are likely to increase per capita public transportation ridership, (ii) serve disadvantaged and transit-dependent populations, and (iii) are located in jurisdictions that have land use and other policies that encourage the level of residential density and concentration of businesses in walkable districts accessible by public transportation required to support financially viable public transportation service with substantial ridership.
(d) Any grantee that receives funds under this Section must (i) implement such programs within one year after receipt of the funds and (ii) determine, within 2 years following commencement of any program using such funds, whether it has resulted in increased use of public transportation by those residing in the area covered by the program or those accessing the area from outside the area. No additional funds under this Section may be distributed to a grantee for any individual program beyond 2 years unless the Board of the Authority waives this limitation. A waiver shall be with regard to an individual program and with regard to a one-year period, and any further waivers for an individual program require a subsequent vote of the Board.
(e) The Authority may reallocate unused funds deposited into the Transit-Supportive Development Incentive Fund to other Authority purposes and programs.
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.47) Sec. 2.47. Language accessibility. (a) As used in this Section: "Limited English proficient individual" means an individual who does not speak English as the individual's primary language and who has a limited ability to read, speak, write, or understand English. "Major languages" means a language with at least 50,000 native speakers in Illinois based on the last decennial census. "Qualified interpreter" or "qualified translator" means an individual proficient in both English and the non-English language used by the limited English proficient individual, with demonstrated ability to interpret or translate accurately and impartially. "Vital documents" means materials critical for obtaining services or understanding rider rights, including fare schedules, safety information, service announcements, and notices of rights or responsibilities. (b) The Authority and all Service Boards shall: (1) arrange for a qualified translator to translate |
| all vital documents into all major languages;
|
|
(2) provide oral interpretation services in major
|
| languages spoken by limited English proficient individuals by a qualified interpreter at customer service centers, by multilingual phone lines, or through on-demand interpreter services;
|
|
(3) post multilingual signage in major languages
|
| spoken by limited English proficient individuals, including "I Speak" language identification posters, in major transit hubs and vehicles; and
|
|
(4) include translation features in major languages
|
| spoken by limited English proficient individuals for digital platforms, applications, and real-time service updates.
|
|
(c) No later than January 1, 2027, and every 3 years thereafter, the Authority, in coordination with the Service Boards, shall develop and implement, and update every 3 years thereafter, a language access plan. The language access plan shall:
(1) identify limited English proficient populations
|
| in the metropolitan area, based on census, rider surveys, and community input;
|
|
(2) describe language assistance services currently
|
|
(3) implement a timeline for improvements and
|
| expansion of language assistance services; and
|
|
(4) designate staff responsible for compliance and
|
|
(d) The Authority and all Service Boards shall conduct regular outreach to limited English proficient communities through culturally competent community organizations and ethnic media and include limited English proficient riders in service planning, language access evaluations, and public engagement sessions.
(e) The Authority shall develop and make available to all frontline and customer-facing staff training on legal obligations under federal law, proper use of language services, and cultural competency best practices. The Service Boards shall make best efforts to ensure that all new hires and existing customer-facing employees complete the training.
(f) No later than January 1, 2027, and each year thereafter, each Service Board shall submit annual language access progress reports to the Authority.
(g) The Authority shall conduct an annual compliance review of at least one Service Board.
(Source: P.A. 104-457, eff. 6-1-26.)
|
(70 ILCS 3615/2.50) Sec. 2.50. Construction contracts; responsible bidder requirements. To be considered a responsible bidder on a construction contract for purposes of this Act, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency: (1) The bidder must comply with all applicable laws |
| concerning the bidder's entitlement to conduct business in Illinois.
|
|
(2) The bidder must comply with all applicable
|
| provisions of the Prevailing Wage Act.
|
|
(3) The bidder must comply with Subchapter VI ("Equal
|
| Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.
|
|
(4) The bidder must have a valid Federal Employer
|
| Identification Number or, if an individual, a valid Social Security Number.
|
|
(5) The bidder must have a valid certificate of
|
| insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.
|
|
(6) The bidder and all bidder's subcontractors must
|
| participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.
|
|
(7) The bidder must certify that the bidder will
|
| maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract. The provisions of this Section shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such a project.
|
|
Construction contracts of the Authority and the Service Boards that are subject to this Act shall be awarded only to a bidder that is considered to be a responsible bidder under this Section.
(Source: P.A. 104-543, eff. 7-10-26.)
|