Bill Text: IL HB3172 | 2019-2020 | 101st General Assembly | Engrossed

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB3172 Detail]

Download: Illinois-2019-HB3172-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Section 11 as follows:
(605 ILCS 10/11) (from Ch. 121, par. 100-11)
Sec. 11. The Authority shall have power:
(a) To enter upon lands, waters and premises in the State
for the purpose of making surveys, soundings, drillings and
examinations as may be necessary, expedient or convenient for
the purposes of this Act, and such entry shall not be deemed to
be a trespass, nor shall an entry for such purpose be deemed an
entry under any condemnation proceedings which may be then
pending; provided, however, that the Authority shall make
reimbursement for any actual damage resulting to such lands,
waters and premises as the result of such activities.
(b) To construct, maintain and operate stations for the
collection of tolls or charges upon and along any toll
highways.
(c) To provide for the collection of tolls and charges for
the privilege of using the said toll highways. Before it adopts
an increase in the rates for toll, the Authority shall hold a
public hearing at which any person may appear, express

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opinions, suggestions, or objections, or direct inquiries
relating to the proposed increase. Any person may submit a
written statement to the Authority at the hearing, whether
appearing in person or not. The hearing shall be held in the
county in which the proposed increase of the rates is to take
place. The Authority shall give notice of the hearing by
advertisement on 3 successive days at least 15 days prior to
the date of the hearing in a daily newspaper of general
circulation within the county within which the hearing is held.
The notice shall state the date, time, and place of the
hearing, shall contain a description of the proposed increase,
and shall specify how interested persons may obtain copies of
any reports, resolutions, or certificates describing the basis
on which the proposed change, alteration, or modification was
calculated. After consideration of any statements filed or oral
opinions, suggestions, objections, or inquiries made at the
hearing, the Authority may proceed to adopt the proposed
increase of the rates for toll. No change or alteration in or
modification of the rates for toll shall be effective unless at
least 30 days prior to the effective date of such rates notice
thereof shall be given to the public by publication in a
newspaper of general circulation, and such notice, or notices,
thereof shall be posted and publicly displayed at each and
every toll station upon or along said toll highways.
(d) To construct, at the Authority's discretion, grade
separations at intersections with any railroads, waterways,

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street railways, streets, thoroughfares, public roads or
highways intersected by the said toll highways, and to change
and adjust the lines and grades thereof so as to accommodate
the same to the design of such grade separation and to
construct interchange improvements. The Authority is
authorized to provide such grade separations or interchange
improvements at its own cost or to enter into contracts or
agreements with reference to division of cost therefor with any
municipality or political subdivision of the State of Illinois,
or with the Federal Government, or any agency thereof, or with
any corporation, individual, firm, person or association.
Where such structures have been or will be built by the
Authority, the local highway agency or municipality with
jurisdiction shall enter into an agreement with the Authority
for the ongoing maintenance of the structures..
(e) To contract with and grant concessions to or lease or
license to any person, partnership, firm, association or
corporation so desiring the use of any part of any toll
highways, excluding the paved portion thereof, but including
the right of way adjoining, under, or over said paved portion
for the placing of telephone, telegraph, electric, power lines
and other utilities, and for the placing of pipe lines, and to
enter into operating agreements with or to contract with and
grant concessions to or to lease to any person, partnership,
firm, association or corporation so desiring the use of any
part of the toll highways, excluding the paved portion thereof,

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but including the right of way adjoining, or over said paved
portion for motor fuel service stations and facilities,
garages, stores and restaurants, or for any other lawful
purpose, and to fix the terms, conditions, rents, rates and
charges for such use.
By January 1, 2016, the Authority shall construct and
maintain at least one electric vehicle charging station at any
location where the Authority has entered into an agreement with
any entity pursuant to this subsection (e) for the purposes of
providing motor fuel service stations and facilities, garages,
stores, or restaurants. The Authority shall charge a fee for
the use of these charging stations to offset the costs of
constructing and maintaining these charging stations. The
Authority shall adopt rules to implement the erection, user
fees, and maintenance of electric vehicle charging stations
pursuant to this subsection (e).
The Authority shall also have power to establish reasonable
regulations for the installation, construction, maintenance,
repair, renewal, relocation and removal of pipes, mains,
conduits, cables, wires, towers, poles and other equipment and
appliances (herein called public utilities) of any public
utility as defined in the Public Utilities Act along, over or
under any toll road project. Whenever the Authority shall
determine that it is necessary that any such public utility
facilities which now are located in, on, along, over or under
any project or projects be relocated or removed entirely from

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any such project or projects, the public utility owning or
operating such facilities shall relocate or remove the same in
accordance with the order of the Authority. All costs and
expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and
the cost of any land or lands, or interest in land, or any
other rights required to accomplish such relocation or removal
shall be ascertained and paid by the Authority as a part of the
cost of any such project or projects, and further, there shall
be no rent, fee or other charge of any kind imposed upon the
public utility owning or operating any facilities ordered
relocated on the properties of the said Authority and the said
Authority shall grant to the said public utility owning or
operating said facilities and its successors and assigns the
right to operate the same in the new location or locations for
as long a period and upon the same terms and conditions as it
had the right to maintain and operate such facilities in their
former location or locations.
(e-5) If the acquisition, construction, relocation,
operation, regulation or maintenance of a toll highway requires
the relocation of public utilities due to the elimination of a
tollway oasis bridge, the Authority must conduct an assessment
in order to determine the most cost-effective means of
providing utility service to associated tollway property that
remains. Such an assessment shall include: (1) an estimate of
the total cost of the required relocation of the utilities, and

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(2) an examination of alternative options for the provision of
utilities to the relevant tollway property, and the associated
costs of each. If the assessment indicates that the most
cost-effective means of providing utility service to tollway
property is via the adjacent municipality rather than the
municipality wherein the subject tollway property is located,
the Authority shall require that the relevant utilities be
provided to the tollway property by the adjacent municipality,
which shall be appropriately compensated from the sales tax
proceeds generated from the subject tollway property. The
Authority, the municipality wherein the tollway property is
located, and the municipality providing the utility service
shall enter into an intergovernmental agreement to effectuate
this subsection and provide for adequate compensation.
(e-10) If a tollway oasis bridge is eliminated, the
Authority must conduct an assessment in order to determine the
impacts the modification will have on the municipalities
adjacent to tollway property and whether in the interest of
equity, such adjacent municipalities should share in any sales
tax revenues generated from the tollway property. This analysis
shall consider criteria, including, but not limited to: the
degree to which adjacent homeowners are exposed to
tollway-related noise, pollution and debris; the impact of
Tollway lighting on any adjacent homeowners; the presence of
trucks and other industrial and commercial vehicles that emit
exhaust and noise; the presence of litter from the tollway; the

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need for first responders to respond to emergencies on tollway
property; the usage of adjacent neighborhoods by service
vehicles for purposes of ingress or egress to tollway property;
and the lack of ability to provide input on the type of land
use on the tollway property.
If the Authority determines that any municipality adjacent
to the tollway property is substantially impacted by activities
or businesses conducted on the property, the adjacent
municipality shall be appropriately compensated from the sales
tax proceeds generated from the subject tollway property. The
Authority, the municipality wherein the tollway property is
located, and the impacted adjacent municipality shall enter
into an intergovernmental agreement to effectuate this
subsection and provide for adequate compensation.
(f) To enter into an intergovernmental agreement or
contract with a unit of local government or other public or
private entity for the collection, enforcement, and
administration of tolls, fees, revenue, and violations.
The General Assembly finds that electronic toll collection
systems in Illinois should be standardized to promote safety,
efficiency, and traveler convenience. The Authority shall
cooperate with other public and private entities to further the
goal of standardized toll collection in Illinois and is
authorized to provide toll collection and toll violation
enforcement services to such entities when doing so is in the
best interest of the Authority and consistent with its

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obligations under Section 23 of this Act.
(Source: P.A. 100-71, eff. 1-1-18.)