Article 2705 - Department Of Transportation

(20 ILCS 2705/Art. 2705 heading)

ARTICLE 2705.
DEPARTMENT OF TRANSPORTATION

(20 ILCS 2705/2705-1)

Sec. 2705-1.
Article short title.
This Article 2705 of the Civil
Administrative Code of Illinois may be cited as the Department of
Transportation Law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-5)

Sec. 2705-5.
Definitions.
In this Law:

“Department” means the Department of Transportation.

“Secretary” means the Secretary of Transportation.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-10) (was 20 ILCS 2705/49 in part)

Sec. 2705-10.
Powers, generally.
The Department has the powers enumerated in
the following Sections.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-15) (was 20 ILCS 2705/49 and 49.23)

Sec. 2705-15.
Administrative organization.

(a) The Secretary may
create and establish offices, divisions, and administrative units as
necessary for the efficient administration and operation of the
Department and may assign functions, powers, and duties to the several
offices, divisions, and administrative units in the Department.

(b) The Department has the power to establish the administrative
organization within the
Department that
is required to carry out the powers, duties, and functions of the
Department and best utilize the personnel, skills, facilities, and
resources
of the Department and its offices, divisions, and agencies.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-90) (was 20 ILCS 2705/49.31)

Sec. 2705-90. Criminal history record information from Illinois State Police. Whenever the Department is authorized or required by law
to
consider some aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities, then, upon
request and payment of fees in conformance with the requirements of Section
2605-400 of the Illinois State Police Law, the Illinois State Police is
authorized to furnish,
pursuant to positive identification, the information contained in
State
files that is necessary to fulfill the request.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2705/2705-100) (was 20 ILCS 2705/49.01a)

Sec. 2705-100.
Aeronautics; transfer from Department of Aeronautics.
The
Department has the power to exercise, administer, and
enforce, through a Division of
Aeronautics,
all rights, powers, and duties vested in the Department of Aeronautics by
the Illinois Aeronautics Act. The Department has the power to regulate and
supervise
aeronautics in this State and to administer and enforce all laws of this
State pertaining to aeronautics.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-105) (was 20 ILCS 2705/49.06a)

Sec. 2705-105.

Bridge and ferry operation; transfer from Department of
Public Works and Buildings. The Department has the power to
exercise, administer, and enforce the rights, powers, and
duties vested in the Department of Public Works and Buildings by any law
relating to the operation of bridges and ferries.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-110) (was 20 ILCS 2705/49.07a)

Sec. 2705-110.

Motor vehicles; transfer from Department of Public Works and
Buildings. The Department has the power to exercise,
administer, and enforce all rights, powers, and
duties vested
in the Department of Public Works and Buildings by the Illinois Vehicle
Code.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-115) (was 20 ILCS 2705/49.08a)

Sec. 2705-115.

Roads and bridges; transfer from Department of Public Works
and Buildings. The Department has the power to exercise,
administer, and enforce all rights, powers, and
duties vested
in the Department of Public Works and Buildings by the Illinois Highway
Code and any other law relating to
roads, streets, and bridges and toll highways.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-120) (was 20 ILCS 2705/49.11)

Sec. 2705-120.

Transfer of other rights, powers, and duties from Department
of Public Works and Buildings. The Department has the power to
exercise all rights, powers, and duties vested by law in the
Department of Public Works and Buildings and in the Director of Public
Works and Buildings not otherwise expressly transferred to and vested in
another department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)

Sec. 2705-125. Safety inspection of motor vehicles; transfer from various
State agencies. The Department has the power to administer,
exercise, and enforce the rights, powers, and
duties presently vested in the Illinois State Police
and the Division of State Troopers under the Illinois Vehicle Inspection
Law, in the Illinois
Commerce Commission, in the State Board of Education, and in
the Secretary of State under laws relating to the safety inspection of
motor vehicles operated by common carriers, of school buses, and of motor
vehicles used in the transportation of school children and motor
vehicles used in driver exam training schools for hire licensed under Article
IV of the Illinois Driver Licensing Law or under any other law
relating to
the safety inspection of motor vehicles of the second division as
defined in the Illinois Vehicle Code.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2705/2705-175) (was 20 ILCS 2705/49.24)

Sec. 2705-175.
State employees; effect of transfer to Department.
The
transfer to the Department of Transportation of employees of
the
Department of Public Works and Buildings or of any other department,
office, or agency of the State shall not affect the status of
those
employees under civil service, merit service, the Personnel Code, or
other laws relating to State employees.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)

Sec. 2705-200. Master plan; reporting requirements.

(a) The Department has the power to develop and maintain a continuing,
comprehensive, and integrated planning process that shall develop and
periodically revise a statewide master plan for transportation to guide program
development and to foster efficient and economical transportation services in
ground, air, water, and
all other modes of transportation throughout the State. The Department
shall coordinate its transportation planning activities with those of other
State agencies and authorities and shall supervise and review any
transportation planning performed by other Executive agencies under the
direction of the Governor. The Department shall cooperate and participate
with federal, regional, interstate, State, and local agencies, in accordance
with Sections 5-301 and 7-301 of the Illinois Highway Code, and with
interested private individuals and organizations in the coordination of
plans and policies for development of the state’s transportation system.

To meet the provisions of this Section, the Department shall publish and
deliver to the Governor and General Assembly by December 31, 2012 and every 5
years thereafter, its master plan for highway, waterway, aeronautic, mass
transportation, and railroad systems. The plan shall identify priority
subsystems or components of each system that are critical to the economic and
general welfare of this State regardless of public jurisdictional
responsibility or private ownership.

The master plan shall include a comprehensive and multimodal freight mobility plan which shall analyze commodity flows, assess the freight transportation network, and identify significant freight system trends, needs, and economic opportunities. It shall recommend improvements in the operation and management of the freight system, projects that will eliminate inefficiencies in the State’s freight network, methods of funding needed for freight system improvements, and policies to ensure the safe, reliable, and efficient movement of goods within and through the State and to ensure the State’s economic vitality. The freight mobility plan shall incorporate and maintain compatibility with any federally required rail plan affecting this State.

The master plan shall provide particular emphasis and detail of at least the 5-year

period in the immediate future.

Annual and 5-year, or longer, project programs for each State system in this Section
shall be published and furnished the General Assembly on the first Wednesday
in April of each year.

Identified needs included in the project programs shall be listed and
mapped in a distinctive fashion to clearly identify the priority status
of the projects: (1) projects to be committed for execution; (2) tentative
projects that are dependent upon funding or other constraints; and (3) needed
projects that are not programmed due to lack of funding or other constraints.

All projects shall be related to the priority systems of the master plan,
and the priority criteria identified. Cost and estimated completion dates
shall be included for work required to complete a useable segment or component
beyond the
period of the program.

(b) The Department shall publish and deliver to the Governor and General
Assembly on the first Wednesday in April of each year a 5-year, or longer, Highway
Improvement Program reporting
the number of fiscal years each project has been on previous
plans submitted by the Department.

(c) The Department shall publish and deliver to the Governor and the General
Assembly by November 1 of each year a For the Record report that shall include
the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.
(2) The award cost and the beginning dates of each listed project.

(Source: P.A. 97-32, eff. 6-28-11.)

(20 ILCS 2705/2705-203)

Sec. 2705-203. Transportation asset management plan and performance-based programming.

(a) The General Assembly declares it to be in the public interest that a project prioritization process be developed and implemented to: improve the efficiency and effectiveness of the State’s transportation system and transportation safety; enhance movement and multi-modal connections of people and goods; mitigate environmental impacts; and promote inclusive economic growth throughout the State.

(b) In accordance with Section 2705-200, the Department of Transportation shall develop and publish a statewide multi-modal transportation improvement program for all transportation facilities under its jurisdiction. The development of the program shall use the following methods:

(1) use transportation system information to make investment and policy decisions to achieve statewide and regional performance goals established in the State’s long-range transportation plan;
(2) ensure transportation investment decisions emerge from an objective and quantifiable technical analysis;
(3) evaluate the need and financial support necessary for maintaining, expanding, and modernizing existing transportation infrastructure;
(4) ensure that all State transportation funds invested are directed to support progress toward the achievement of performance targets established in the State’s long-range transportation plan;
(5) make investment decisions transparent and accessible to the public;
(6) consider emissions and increase infrastructure resilience to climate change; and
(7) reduce disparities in transportation system performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act.

(c) The Department shall develop a risk-based, statewide highway system asset management plan in accordance with 23 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the condition of highway and bridge assets and enhance the performance of the system while minimizing the life-cycle cost. The asset management plan shall be made publicly available on the Department’s website.

(d) The Department shall develop a needs-based transit asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure in accordance with 49 CFR Part 625. The goal of the transit asset management plan is to preserve and modernize capital transit assets that will enhance the performance of the transit system. Federally required transit asset management plans developed by the Regional Transportation Authority (RTA) or service boards, as defined in Section 1.03 of the Regional Transportation Authority Act, shall become the transportation asset management plans for all public transportation assets owned and operated by the service boards. The Department’s transit asset management plan shall be made publicly available on the Department’s website. The RTA shall be responsible for making public transit asset management plans for its service area publicly available.

(e) The Department shall develop a performance-based project selection process to prioritize taxpayer investment in State-owned transportation assets that add capacity. The goal of the process is to select projects through an evaluation process. This process shall provide the ability to prioritize projects based on geographic regions. The Department shall solicit input from localities, metropolitan planning organizations, transit authorities, transportation authorities, representatives of labor and private businesses, the public, community-based organizations, and other stakeholders in its development of the prioritization process pursuant to this subsection.

The selection process shall include a defined public process by which candidate projects are evaluated and selected. The process shall include both a quantitative analysis of the evaluation factors and qualitative review by the Department. The Department may apply different weights to the performance measures based on regional geography or project type. Projects selected as part of the process will be considered for inclusion in the State’s multi-year transportation program and the annual element of the multi-year program. Starting April 1, 2022, no new capacity project shall be included in the multi-year transportation plan or annual element without being evaluated under the selection process described in this Section. Existing projects in the multi-year highway improvement program may be included regardless of the outcome of using the performance-based project selection tool. The policies that guide the performance-based project selection process shall be derived from State and regional long-range transportation plans. The Department shall certify that it is making progress toward the goals included in the State’s long-range transportation plan. All plan and program development based on the project selection process described in this subsection shall include consideration of regional balance. The selection process shall be based on an objective and quantifiable analysis that considers, at a minimum, the goals identified in the long-range transportation plan and shall:

(1) consider emissions and increase infrastructure resilience due to climate change; and
(2) reduce disparities in transportation system performance experienced by racially marginalized communities, low-income to moderate-income consumers, and other disadvantaged groups and populations identified under the Environmental Justice Act.

(f) The prioritization process developed under subsection (e) may apply only to State jurisdiction projects and not to:

(1) projects funded by the Congestion Mitigation and Air Quality Improvement funds apportioned to the State pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
(2) projects funded by the Highway Safety Improvement Program funds apportioned to the State pursuant to 23 U.S.C. 104(b)(3) and State matching funds;
(3) projects funded by the Transportation Alternatives funds set-aside pursuant to 23 U.S.C. 133(h) and State matching funds;
(4) projects funded by the National Highway Freight Program pursuant to 23 U.S.C. 167 and State matching funds;
(5) funds to be allocated to urban areas based on population under federal law; and
(6) any new federal program that requires competitive selection, distribution to local public agencies, or specific eligibility.

(g) A summary of the project evaluation process, measures, program, and scores for all candidate projects shall be published on the Department website in a timely manner.

(Source: P.A. 102-573, eff. 8-24-21.)

(20 ILCS 2705/2705-205) (was 20 ILCS 2705/49.21)

Sec. 2705-205. Study of demand for transportation. The Department has the
power, in
cooperation with State universities and other research oriented
institutions, to study the extent and nature of the demand for
transportation and to collect and assemble information regarding the most
feasible, technical and socio-economic solutions for meeting that demand
and the costs thereof. The Department has the power to report to the
Governor and the General Assembly,
by February 15 of each odd-numbered year, the results of the study
and
recommendations based on the study.

The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General
Assembly Organization Act and by filing additional
copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library
Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(20 ILCS 2705/2705-207)

Sec. 2705-207. (Repealed).

(Source: P.A. 93-670, eff. 3-19-04. Repealed internally, eff. 1-1-05.)

(20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15)

(Text of Section before amendment by P.A. 102-982)

Sec. 2705-210. Traffic control and prevention of accidents. The Department
has the power to develop, consolidate, and coordinate effective
programs
and activities for the advancement of driver education, for the
facilitation of the movement of motor vehicle traffic, and for the
protection and conservation of life and property on the streets and
highways of this State and to advise, recommend, and consult with the
several departments, divisions, boards, commissions, and other agencies
of this State in regard to those programs and activities. The
Department has the power to aid and
assist the counties, cities, towns, and other political subdivisions of
this State in the control of traffic and the prevention of traffic
accidents. That aid and assistance to counties, cities, towns,
and other
political subdivisions of this State shall include assistance with regard
to planning, traffic flow, light synchronizing, preferential lanes for
carpools,
and carpool parking allocations.

To further the prevention of accidents, the Department shall conduct a traffic study following the occurrence of any accident involving a pedestrian fatality that occurs at an intersection of a State highway. The study shall include, but not be limited to, consideration of alternative geometric design improvements, traffic control devices, and any other improvements that the Department deems necessary. The Department shall make the results of the study available to the public on its website.

(Source: P.A. 102-333, eff. 1-1-22.)

(Text of Section after amendment by P.A. 102-982)

Sec. 2705-210. Traffic control and prevention of crashes. The Department
has the power to develop, consolidate, and coordinate effective
programs
and activities for the advancement of driver education, for the
facilitation of the movement of motor vehicle traffic, and for the
protection and conservation of life and property on the streets and
highways of this State and to advise, recommend, and consult with the
several departments, divisions, boards, commissions, and other agencies
of this State in regard to those programs and activities. The
Department has the power to aid and
assist the counties, cities, towns, and other political subdivisions of
this State in the control of traffic and the prevention of traffic crashes. That aid and assistance to counties, cities, towns,
and other
political subdivisions of this State shall include assistance with regard
to planning, traffic flow, light synchronizing, preferential lanes for
carpools,
and carpool parking allocations.

To further the prevention of crashes, the Department shall conduct a traffic study following the occurrence of any crash involving a pedestrian fatality that occurs at an intersection of a State highway. The study shall include, but not be limited to, consideration of alternative geometric design improvements, traffic control devices, and any other improvements that the Department deems necessary. The Department shall make the results of the study available to the public on its website.

(Source: P.A. 102-333, eff. 1-1-22; 102-982, eff. 7-1-23.)

(20 ILCS 2705/2705-215) (was 20 ILCS 2705/49.27)

Sec. 2705-215.

Cooperative utilization of equipment and
services of governmental
entities and not-for-profit organizations for the transportation needs in
public service programs.

(a) The Department is directed to encourage and assist
governmental entities, not-for-profit corporations, and nonprofit community
service associations, between or among themselves, in the development of
reasonable utilization of transportation equipment and operational service
in satisfying the general and specialized public transportation needs.

The Department shall develop and encourage cooperative development, among
all entities, of programs promoting efficient service and conservation
of capital
investment and energy and shall assist all entities in achieving their
goals
and in their applications for transportation grants under appropriate State
or federal programs.

(b) Implementation of cooperative programs is to be developed within the
meaning
of the provisions of the Intergovernmental Cooperation Act. In the circumstances of nongovernmental entities,
the Department shall be guided by that Act and any other State law
in
encouraging
the cooperative programs between those entities.

(c) The Department shall report to the members of the General Assembly,
by
March 1 of each year, its successes, failures and progress in achieving
the intent of this Section. The report shall also include identification
of problems as well as the Department’s recommendations.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-220)

Sec. 2705-220. Public private partnerships for transportation. The Department may exercise all powers granted to it under the Public Private Agreements for the Illiana Expressway Act and the Public-Private Agreements for the South Suburban Airport Act.

(Source: P.A. 98-109, eff. 7-25-13.)

(20 ILCS 2705/2705-222)

Sec. 2705-222. Public-private partnerships for transportation. The Department may exercise all powers granted to it under the Public-Private Partnerships for Transportation Act.

(Source: P.A. 97-502, eff. 8-23-11.)

(20 ILCS 2705/2705-225) (was 20 ILCS 2705/49.02a)

Sec. 2705-225.
Air transportation for State officers and employees.
The Department may provide air
transportation for officers and employees of the offices, departments, and
agencies of the State government and charge the office,
department, or
agency for that transportation. Charges for the
transportation shall not
exceed the expenses incurred and costs involved in providing air
transportation and may include expenses for equipment, personnel, and
operational expenses.

All requests for air transportation shall be made in writing and shall
be signed by the executive officer or employee of the office, department,
or
agency.

Except as provided herein, all requests shall be filled in the following
priority: (1) the Governor, (2) the Lieutenant Governor, (3) the
legislative leaders of the General Assembly, specifically, the President
and minority leader of the Senate and the Speaker and minority leader of
the House of Representatives, (4) the Judges of the Supreme Court, (5)
the Attorney General, (6) the Secretary of State,
(7) the Comptroller, (8) the Treasurer, (9) other members
of the General
Assembly; and thereafter as provided by the Department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-233)

Sec. 2705-233. Innovations for Transportation Infrastructure Act. The Department may exercise all powers granted to it under the Innovations for Transportation Infrastructure Act, including, but not limited to, the power to enter into all contracts or agreements necessary or incidental to the performance of its powers under that Act, and powers related to any transportation facility implemented under that Act.

(Source: P.A. 102-1094, eff. 6-15-22.)

(20 ILCS 2705/2705-240) (was 20 ILCS 2705/49.17)

Sec. 2705-240.
Grants for capital assistance.
The Department has the power to
administer the allocation of State monies appropriated as grants
for
capital assistance purposes in the manner prescribed by law. No
transportation program administered by any other Executive agency under the
direction of the Governor or project undertaken thereunder shall be
eligible for capital assistance from the State until that program
and
project have been approved by the Department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-245) (was 20 ILCS 2705/49.20)

Sec. 2705-245. Inspection of property and records of applicants for and
recipients of assistance. The Department at reasonable
times may inspect the property
and examine the books, records, and other information relating to the
nature
or adequacy of services, facilities, or equipment of any municipality,
district, or carrier that is receiving or has applied for
assistance under
this Law. It may conduct investigations and hold hearings within or
without
the State. This Section shall not affect the regulatory power of any other
State or local agency with respect to transportation rates and services.
Annual statements of assets, revenues, and expenses and annual audit
reports
shall be submitted to the Department by any municipality, district, or
carrier receiving or applying for capital assistance from the State when requested by the Department as part of an inspection under this Section.

(Source: P.A. 96-37, eff. 7-13-09.)

(20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)

Sec. 2705-255. Appropriations from Build Illinois Bond Fund. Any expenditure of funds by the Department
for interchanges, for access roads to and from any State or
local highway in Illinois, or for other transportation capital improvements
related to an economic development project pursuant to appropriations to
the Department from the Build Illinois Bond Fund shall be used for funding improvements related to existing or
planned scientific, research, manufacturing, or industrial
development or expansion in Illinois. In addition, the Department may use
those funds to encourage and maximize public and private
participation in
those improvements. The Department shall consult with the
Department of
Commerce and Economic Opportunity prior to expending any funds for those purposes
pursuant to appropriations from the Build Illinois Bond Fund.

(Source: P.A. 102-1071, eff. 6-10-22.)

(20 ILCS 2705/2705-260)

Sec. 2705-260. Use of Illinois resident labor. To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Illinois Department of Transportation, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this Section, “actual residents of the State of Illinois” means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this Section.

(Source: P.A. 96-37, eff. 7-13-09.)

(20 ILCS 2705/2705-265) (was 20 ILCS 2705/49.33)

Sec. 2705-265.
Use of coal combustion by-products.
The
Department shall,
where economically feasible and safe, foster the use of coal combustion
by-products by specifying usage of these by-products in road building materials
and by developing and including specifications for their use in beds, fills,
backfills, trenches, and embankments.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-275) (was 20 ILCS 2705/49.25j)

Sec. 2705-275. Grants for airport facilities. The Department
may make grants to municipalities
and airport authorities for
the renovation, construction, and development of airport facilities.
The grants may be
made from funds appropriated for that purpose from the Build
Illinois Bond
Fund.

(Source: P.A. 94-91, eff. 7-1-05.)

(20 ILCS 2705/2705-285) (was 20 ILCS 2705/49.06b)

Sec. 2705-285. Ports and waterways.

(a) The Department has the power to undertake port and waterway development planning and
studies of port and waterway development problems and to provide
technical assistance to port districts and units of local government in
connection with port and waterway development activities. The
Department may provide financial assistance for the ordinary and
contingent expenses of port districts upon the terms and
conditions that
the Department finds necessary to aid in the development of those
districts.

(b) The Department shall coordinate all its activities under this Section
with the Department of Commerce and Economic Opportunity.

(c) The Department, in coordination with the Department of Commerce and Economic Opportunity, shall establish a Port Facilities Capital Investment Grant Program. The Department shall, subject to appropriation, make capital improvement grants to port districts. The Multi-modal Transportation Bond Fund shall be the source of funding for the program. Eligible grant recipients shall be public port districts that offer facilities and services in a manner that supports and fulfills the mission of the Department. Eligible grant recipients have no entitlement to a grant under this Section.

(d) The Department, in consultation with the Department of Commerce and Economic Opportunity, shall adopt rules to implement this Section and shall create a competitive application procedure for grants to be awarded. The rules shall specify: the manner of applying for grants; grantee eligibility requirements; project eligibility requirements; restrictions on the use of grant moneys; the manner in which grantees must account for the use of grant moneys; and any other provision that the Department or the Department of Commerce and Economic Opportunity determine to be necessary or useful for the administration of this Section. Rules may include a requirement for grantees to provide local matching funds in an amount equal to a specific percentage of the grant.

(e) The Department of Commerce and Economic Opportunity shall establish standards for determining the priorities concerning the necessity for capital facilities for ports based on data available to the Department.

(f) No portion of a capital investment grant awarded under this Section may be used by a grantee to pay for any on-going operational costs or outstanding debt.

(Source: P.A. 101-10, eff. 6-5-19.)

(20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)

Sec. 2705-300. Powers concerning mass transportation. The Department has the power to do the following:

(1) Advise and assist the Governor and the General Assembly in formulating (i) a mass transportation policy for the State, (ii) proposals designed to help meet and resolve special problems of mass transportation within the State, and (iii) programs of assistance for the comprehensive planning, development, and administration of mass transportation facilities and services.
(2) Appear and participate in proceedings before any federal, State, or local regulatory agency involving or affecting mass transportation in the State.
(3) Study mass transportation problems and provide technical assistance to units of local government.
(4) Encourage experimentation in developing new mass transportation facilities and services.
(5) Recommend policies, programs, and actions designed to improve utilization of mass transportation services.
(6) Cooperate with mass transit districts and systems, local governments, and other State agencies in meeting those problems of air, noise, and water pollution associated with transportation.
(7) Participate fully in a statewide effort to improve transport safety, including, as the designated State agency responsible for overseeing the safety and security of rail fixed guideway public transportation systems in compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:

(A) developing, adopting, and implementing a system safety program standard and procedures meeting the compliance requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330, as now or hereafter amended, for the safety and security of rail fixed guideway public transportation systems within the State; and
(B) establishing procedures in accordance with 49 U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, oversee, investigate, audit, and enforce all other necessary and incidental functions related to the effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or other federal law, pertaining to public transportation oversight. The Department may contract for the services of a qualified consultant to comply with this subsection.

The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Department under this subsection 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 such reports, surveys, schedules, lists, data, or information. Except for willful or wanton conduct, neither the Department nor its employees, nor the Regional Transportation Authority, nor the St. Clair County Transit District, nor any mass transit district nor service board subject to this Section, nor their respective directors, officers, or employees, shall be held liable in any civil action for any injury to or death of any person or loss of or damage to property for any act, omission, or failure to act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or hereafter amended.
(8) Conduct by contract or otherwise technical studies, and demonstration and development projects which shall be designed to test and develop methods for increasing public use of mass transportation and for providing mass transportation in an efficient, coordinated, and convenient manner.
(9) Make applications for, receive, and make use of grants for mass transportation.
(10) Make grants for mass transportation from the Transportation Fund pursuant to the standards and procedures of Sections 2705-305 and 2705-310.

Nothing in this Section alleviates an individual’s duty to comply with the State Officials and Employees Ethics Act.

(Source: P.A. 102-559, eff. 8-20-21.)

(20 ILCS 2705/2705-305)

Sec. 2705-305. Grants for mass transportation.

(a) For the purpose of mass
transportation grants and contracts, the following definitions apply:

“Carrier” means any corporation, authority, partnership,
association, person, or district authorized to provide mass
transportation within the State.

“District” means all of the following:

(i) Any district created pursuant to the Local Mass Transit District Act.
(ii) The Authority created pursuant to the Metropolitan Transit Authority Act.
(iii) Any authority, commission, or other entity that by virtue of an interstate compact approved by Congress is authorized to provide mass transportation.
(iv) The Authority created pursuant to the Regional Transportation Authority Act.

“Facilities” comprise all real and personal property used in or appurtenant
to a mass transportation system, including parking lots.

“Mass transportation” means transportation provided within the State of
Illinois by rail, bus, or other conveyance and available to the general public
on a regular and continuing basis, including the transportation of persons with disabilities
or elderly persons as provided more specifically in Section 2705-310.

“Unit of local government” means any city, village, incorporated town, or
county.

(b) Grants may be made to units of local government,
districts, and carriers for
the acquisition, construction, extension, reconstruction, and improvement
of mass transportation facilities. Grants shall be made upon the
terms
and conditions that in the judgment of the Secretary are necessary
to
ensure their proper and effective utilization.

(c) The Department shall make grants under this Law
in a manner
designed, so far as is consistent with the maintenance and development
of a sound mass transportation system within the State, to: (i)
maximize
federal funds for the assistance of mass transportation in Illinois
under the Federal Transit Act and other
federal Acts; (ii) facilitate the movement of persons who because
of age,
economic circumstance, or physical infirmity are unable to drive; (iii)
contribute to an improved environment through the reduction of air,
water, and noise pollution; and (iv) reduce traffic congestion.

(d) The Secretary shall establish procedures for making
application
for mass transportation grants. The procedures shall provide for
public
notice of all applications and give reasonable opportunity for the
submission of comments and objections by interested parties. The
procedures shall be designed with a view to facilitating simultaneous
application for a grant to the Department and to the federal government.

(e) Grants may be made for mass transportation projects as
follows:

(1) In an amount not to exceed 100% of the nonfederal share of projects for which a federal grant is made.
(2) In an amount not to exceed 100% of the net project cost for projects for which a federal grant is not made.
(3) In an amount not to exceed five-sixths of the net project cost for projects essential for the maintenance of a sound transportation system and eligible for federal assistance for which a federal grant application has been made but a federal grant has been delayed. If and when a federal grant is made, the amount in excess of the nonfederal share shall be promptly returned to the Department.

In no event shall the Department make a grant that, together
with any
federal funds or funds from any other source, is in excess of 100% of the
net project cost.

(f) Regardless of whether any funds are available under a
federal grant,
the Department shall not make a mass transportation grant unless the Secretary
finds that the recipient has entered into an agreement with the Department
in which the recipient agrees not to engage in school bus operations
exclusively for the transportation of students and school personnel in
competition with private school bus operators where those private
school bus
operators are able to provide adequate transportation, at reasonable rates,
in conformance with applicable safety standards, provided that this
requirement shall not apply to a recipient that operates a school
system
in the area to be served and operates a separate and exclusive school bus
program for the school system.

(g) Grants may be made for mass transportation purposes with
funds
appropriated from the Build Illinois Bond Fund consistent with the
specific purposes for which those funds are appropriated by the
General
Assembly. Grants under this subsection (g) are not subject to any
limitations or conditions imposed upon grants by any other provision of
this Section, except that the Secretary may impose the terms and
conditions that in his or her judgment are necessary to ensure
the proper and
effective utilization of the grants under this subsection.

(h) The Department may let contracts for mass transportation
purposes
and facilities for the purpose of reducing urban congestion funded in whole
or in part with bonds described in subdivision (b)(1) of
Section 4 of the
General Obligation Bond Act, not to exceed $75,000,000 in bonds.

(i) The Department may make grants to carriers, districts, and
units of local government for the purpose of reimbursing
them for providing reduced
fares for mass transportation services for students, persons with disabilities,
and the elderly. Grants shall be made upon the terms and
conditions that in
the judgment of the Secretary are necessary to ensure their proper and
effective utilization.

(j) The Department may make grants to carriers, districts, and units of local government for costs of providing ADA paratransit service.

(Source: P.A. 99-143, eff. 7-27-15.)

(20 ILCS 2705/2705-310)

Sec. 2705-310. Grants for transportation for persons with disabilities.

(a) For the purposes of this Section, the following
definitions
apply:

“Carrier” means a district or a not for profit corporation providing
mass transportation for persons with disabilities on a regular and continuing basis.

“Person with a disability” means any individual who, by reason of
illness, injury, age, congenital malfunction, or other permanent or
temporary incapacity or disability, is unable without special mass
transportation facilities
or special planning or design to utilize ordinary mass transportation
facilities and services as effectively as persons who are not so affected.

“Unit of local government”, “district”, and “facilities” have the meanings
ascribed to them in Section 2705-305.

(b) The Department may make grants from the Transportation Fund
and the
General Revenue Fund (i) to units of local government,
districts, and carriers for vehicles, equipment, and the
acquisition, construction, extension, reconstruction, and improvement of
mass transportation facilities for persons with disabilities and (ii) during
State
fiscal years 1986 and 1987, to the Regional Transportation Authority for
operating assistance for mass transportation for mobility limited
persons, including paratransit services for the mobility
limited. The grants shall be made upon the terms and
conditions that in the
judgment of the Secretary are necessary to ensure their proper and
effective utilization. The procedures, limitations, and safeguards provided
in Section 2705-305 to govern grants for mass
transportation shall
apply to grants made under this Section.

For the efficient administration of grants, the Department, on behalf of
grant recipients under
this Section and on
behalf of recipients receiving funds under Sections 5309 and
5311 of the
Federal Transit Act and State funds, may administer and consolidate
procurements and
may enter into contracts with manufacturers of vehicles and equipment.

(c) The Department may make operating assistance grants from the
Transportation Fund to those carriers that, during federal fiscal year
1986, directly received operating assistance pursuant to Section 5307
or
Section 5311 of the Federal Transit Act, or under contracts
with a unit of local government or mass transit
district that received
operating expenses under Section 5307 or Section 5311 of
the Federal Transit Act, to provide public paratransit services to the general
mobility limited population. The Secretary shall take into consideration
the reduction in federal operating expense grants to carriers when
considering the grant applications. The procedures,
limitations, and
safeguards provided in Section 2705-305 to govern
grants for mass
transportation shall apply to grants made under this Section.

(Source: P.A. 99-143, eff. 7-27-15.)

(20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)

Sec. 2705-315.
Grants for passenger security.
The
Department may make
grants from the Transportation Fund and the General Revenue Fund to the
Regional Transportation Authority created under the Regional Transportation
Authority Act to be used to provide protection against crime for the
consumers of public transportation, and for the employees and facilities of
public transportation providers, in the metropolitan region. The
grants
may be used (1) to provide that protection directly, or (2) to
contract with any
municipality or county in the metropolitan region
to provide that protection, or (3) except for the Chicago Transit
Authority created under the Metropolitan Transit Authority Act, to contract
with a private security agency to provide that protection.

The grants shall be made upon the terms and
conditions that in the
judgment of the Secretary are necessary to ensure their proper and
effective utilization. The procedures provided in Section 2705-305 to govern
grants for mass transportation shall apply to grants made
under this Section.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-317)

(Text of Section before amendment by P.A. 102-982)

Sec. 2705-317. Safe Routes to School Construction Program.

(a) Upon enactment of a federal transportation bill with a dedicated fund available to states for safe routes to schools, the Department, in cooperation with the State Board of Education and the Illinois State Police, shall establish and administer a Safe Routes to School Construction Program for the construction of bicycle and pedestrian safety and traffic-calming projects using the federal Safe Routes to Schools Program funds.

(b) The Department shall make construction grants
available to local governmental agencies under the Safe Routes to School
Construction Program based on the results of a statewide competition
that requires submission of Safe Routes to School proposals for funding
and that rates those proposals on all of the following factors:

(1) Demonstrated needs of the grant applicant.
(2) Potential of the proposal for reducing child injuries and fatalities.
(3) Potential of the proposal for encouraging increased walking and bicycling among students.
(4) Identification of safety hazards.
(5) Identification of current and potential walking and bicycling routes to school.
(6) Consultation and support for projects by school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and school officials.
(7) Proximity to parks and other recreational facilities.

With respect to the use of federal Safe Routes to Schools Program funds, prior to
the award of a construction grant or the use of those funds for a Safe Routes
to
School
project encompassing a highway, the Department shall
consult with and obtain approval from the Illinois State Police
and the highway authority with jurisdiction to ensure that the Safe Routes to School proposal is consistent with a
statewide pedestrian safety statistical analysis.

(c) On March 30, 2006 and each March 30th thereafter, the Department shall submit a report to the General Assembly listing
and describing the projects funded under the Safe Routes to School
Construction Program.

(d) The Department shall study the effectiveness of
the Safe Routes to School Construction Program, with particular emphasis on the
Program’s effectiveness in reducing traffic accidents and its contribution
to improving safety and reducing the number of child injuries and
fatalities in the vicinity of a Safe Routes to School project. The Department shall
submit a report to the General Assembly on or before December 31, 2006
regarding the results of the study.

(e) The Department, the State Board of Education,
and the Illinois State Police may adopt any rules necessary to
implement this Section.

(Source: P.A. 102-538, eff. 8-20-21.)

(Text of Section after amendment by P.A. 102-982)

Sec. 2705-317. Safe Routes to School Construction Program.

(1) Demonstrated needs of the grant applicant.
(2) Potential of the proposal for reducing child injuries and fatalities.
(3) Potential of the proposal for encouraging increased walking and bicycling among students.
(4) Identification of safety hazards.
(5) Identification of current and potential walking and bicycling routes to school.
(6) Consultation and support for projects by school-based associations, local traffic engineers, local elected officials, law enforcement agencies, and school officials.
(7) Proximity to parks and other recreational facilities.

(d) The Department shall study the effectiveness of
the Safe Routes to School Construction Program, with particular emphasis on the
Program’s effectiveness in reducing traffic crashes and its contribution
to improving safety and reducing the number of child injuries and
fatalities in the vicinity of a Safe Routes to School project. The Department shall
submit a report to the General Assembly on or before December 31, 2006
regarding the results of the study.

(e) The Department, the State Board of Education,
and the Illinois State Police may adopt any rules necessary to
implement this Section.

(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)

(20 ILCS 2705/2705-321)

Sec. 2705-321. Illinois Transit Ridership and Economic Development (TRED)
Pilot Project Program; new facilities and service.

(a) Subject to appropriation, the Department of Transportation shall establish the Illinois Transit
Ridership and Economic Development (TRED) Pilot Project Program to build
transit systems that more effectively address the needs of Illinois workers,
families, and businesses. The Illinois TRED Pilot Project Program shall provide
for new or expanded mass transportation service and facilities, including rapid
transit,
rail, bus, and other equipment used in connection with mass transit, by the
State, a public
entity, or 2 or more of these entities authorized to provide and promote public
transportation in order to increase the level of service available in local
communities, as well as improve the quality of life and economic viability of
the State of Illinois.

The Illinois TRED Pilot Project Program expenditures for mass transportation
service and facilities within the State must:

(1) Improve the economic viability of Illinois by facilitating the transportation of Illinois residents to places of employment, to educational facilities, and to commercial, medical, and shopping districts.
(2) Increase the frequency and reliability of public transit service.
(3) Facilitate the movement of all persons, including those persons who, because of age, economic circumstance, or physical infirmity, are unable to drive.
(4) Contribute to an improved environment through the reduction of air, water, and noise pollution.

(b) Under the Illinois TRED Pilot Project Program, subject to appropriation, the Department shall fund
each fiscal year, in coordination and consultation with other government
agencies that provide or fund transportation
services, the Illinois Public Transportation Association, and transit
advocates,
projects as specified in subsection (c). Total funding for each project shall
not
exceed $500,000 and the funding for all projects shall not exceed $4,500,000.
The
Department shall submit annual reports to the General Assembly by March 1 of
each
fiscal year regarding the status of these projects, including service to
constituents
including local businesses, seniors, and people with disabilities, costs, and
other
appropriate measures of impact.

(1) Two demonstration projects for the Chicago Transit Authority to increase services to currently underserved communities and neighborhoods, such as, but not limited to, Altgeld Gardens, Pilsen, and Lawndale.
(2) (Blank.)
(3) The Intertownship Transportation Program for Northwest Suburban Cook County, which shall complement existing Pace service and involve cooperation of several townships to provide transportation services for senior residents and residents with disabilities across village and township boundaries that is currently not provided by Pace and by individual townships and municipalities.
(4) RIDES transit services to Richland and Lawrence Counties to extend transit services into Richland and Lawrence Counties and enhance service in Wayne, Edwards, and Wabash Counties that share common travel patterns and needs with Lawrence and Richland counties. Funding shall be used to develop a route structure that shall coordinate social service and general public requirements and obtain vehicles to support the additional service.
(5) Peoria Regional Transportation Initiative, which shall fund the development of a plan to create a regional transportation service in the Peoria-Pekin MSA that integrates and expands the existing services and that would allow local leaders to develop a funding plan and a timetable to secure final political approval. The plan is intended to facilitate regional economic development and provide greater mobility to workers, senior citizens, and people with disabilities.
(6) Rock Island MetroLINK/Black Hawk College Coordination Project, which shall increase mobility for lower income students to access educational services and job training on the metropolitan bus system, which will better link community college students with transportation alternatives.
(7) The West Central Transit District to serve Scott and Morgan Counties. Funding shall be used to develop a route structure that shall coordinate social service and general public requirements and obtain vehicles to support the service.
(8) Additional community college coordination projects, which shall increase mobility for lower income students to access educational services and job training on any Champaign-Urbana MTD and Danville Mass Transit bus routes, which will better link community college students with transportation alternatives.

(Source: P.A. 99-143, eff. 7-27-15.)

(20 ILCS 2705/2705-350) (was 20 ILCS 2705/49.26)

Sec. 2705-350.
Intercity bus service assistance.
For the
purposes of
providing intercity bus passenger service and the promotion of an
efficient intercity bus passenger system within this State as authorized
by Section 22 of the Urban Mass Transportation Act of 1964, the Department is
authorized to enter into agreements with any
carrier. The cost related to the services shall be borne in
the
proportion that, by agreement or contract, the parties may
determine;
provided, however, that no State monies shall be expended for those
purposes.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-375) (was 20 ILCS 2705/49.34)

Sec. 2705-375.
Meigs Users Advisory Committee.

(a) The Meigs Users Advisory Committee is hereby created. The Meigs Users
Advisory Committee shall be composed of the following members: (i) 4 members
appointed by the Governor with the advice and consent of the Senate, 2 of whom
shall have extensive knowledge of business and corporate aviation and 2 of
whom shall have extensive knowledge of general aviation; (ii) 4 members
appointed by
the Mayor of the City of Chicago, all of whom shall have extensive knowledge of
general aviation; (iii) 4 members of the General Assembly, one each appointed
by the
President of the Senate, the Speaker of the House, the Minority Leader of the
Senate, and the Minority Leader of the House; and (iv) the Secretary of
Transportation or his or her designee, who shall serve as Chairperson. The
members appointed by the
Governor and
the Mayor shall be users of Meigs Field.

(b) (1) The Secretary of Transportation or his or her designee shall serve during the Secretary’s term of office.

(2) Members of the committee appointed under subdivision (a)(iii) shall serve for their terms of office, except that no such appointment shall be for a term of more than 3 years. If a committee member who was appointed under subdivision (a)(iii) ceases to be a member of the chamber of the General Assembly from which the member was appointed, he or she shall be replaced in accordance with the method for filling vacancies.
(3) The initial members of the committee who are appointed by the Mayor of the City of Chicago shall be appointed as follows: one shall be appointed for a term of one year, 2 shall be appointed for terms of 2 years, and one shall be appointed for a term of 3 years. After the expiration of the initial terms, all members of the committee who are appointed by the Mayor of the City of Chicago shall be appointed for terms of 3 years.
(4) The initial members of the committee who are appointed by the Governor shall be appointed as follows: one shall be appointed for a term of one year, one shall be appointed for a term of 2 years, and 2 shall be appointed for terms of 3 years. After the expiration of the initial terms, all members of the committee who are appointed by the Governor shall be appointed for terms of 3 years.
(5) Any member of the committee is eligible for reappointment unless he or she no longer meets the applicable qualifications. All members appointed to serve on the committee shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments.
(6) If a vacancy in membership under subdivision (a)(i) occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies.
(7) The committee shall be deemed established on the date that a majority of the total number of members has been appointed, regardless of whether any of those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies.

(c) The Committee shall have the power to inspect all books, records,
contracts, financial data, agreements, and documents relating to the operation
and maintenance of Meigs Field, including, without limitation, as-built plans
for all buildings, runways, taxiways, and aprons, the control tower, terminal,
and all related facilities, all security agreements, fire protection
agreements, airline agreements, FOB agreements, concessionaire agreements,
rental/lease agreements, service agreements, financial data and budget reports
including revenues and expenditures, and any and all studies or plans regarding
the land use of Meigs Field.

(d) The chairperson shall give notice to the members of the time and place
for every meeting. The members of the committee shall receive no compensation
or reimbursement of expenses in the performance of their duties.
The Committee shall review and hold public hearings on any proposals or
actions affecting the operation of Meigs Field. The Committee shall issue
recommendations to the Governor, the Mayor of the City of Chicago, and the
General Assembly with regard to these proposals or actions and any other
matters concerning the operation of Meigs Field.

(Source: P.A. 90-6, eff. 6-3-97;
91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-400) (was 20 ILCS 2705/49.25a)

Sec. 2705-400. Authorization concerning rail assistance
funds. The Department is hereby authorized to exercise
those
powers necessary for the State to qualify for rail assistance funds
pursuant to relevant federal or State legislation, including but
not
limited to authority to do the following:

(1) Establish a State plan for rail transportation and local rail services, including projects funded under Section 2705-435.
(2) Administer and coordinate the State plan.
(3) Provide in the plan for the equitable distribution of federal rail assistance funds among State, local, and regional transportation authorities.
(4) Develop or assist the development of local or regional rail plans.
(5) Promote, supervise, and support safe, adequate, and efficient rail services in accordance with the provisions and limitations of Public Act 79-834.
(6) Employ sufficient trained and qualified personnel for these purposes.
(7) Maintain, in accordance with the provisions and limitations of Public Act 79-834, adequate programs of investigation, research, promotion, and development in connection with these purposes and provide for public hearings.
(8) Provide satisfactory assurances on behalf of the State that fiscal control and fund accounting procedures will be adopted by the State that may be necessary to ensure proper disbursement of and account for federal funds paid to the State as rail assistance.
(9) Comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail assistance funds.
(10) Review all impending rail abandonments and provide its recommendations on those abandonments to the federal Surface Transportation Board.

(Source: P.A. 100-430, eff. 8-25-17.)

(20 ILCS 2705/2705-405) (was 20 ILCS 2705/49.25b)

Sec. 2705-405. Preparation of State Rail Plan. In preparation
of the State Rail Plan under Section
2705-400, the Department shall consult with recognized
railroad labor organizations, the Department of Commerce and Economic Opportunity, railroad management, affected units of local
government, affected State agencies, and affected shipping interests.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 2705/2705-410) (was 20 ILCS 2705/49.25c)

Sec. 2705-410.
Access to information.
The Secretary
may authorize any of the Department’s officers, employees, or
agents to enter upon, inspect,
and examine, at reasonable times and in a reasonable manner, the books,
documents, records, equipment, and property of and to request information
kept in the ordinary course of business from any railroad to the extent
necessary to carry out the powers enumerated in Sections 2705-400
through
2705-445. Railroads operating within the State shall provide
access to those
books, documents, records, equipment, and property and shall provide
the
information kept in the ordinary course of business that the
Department may
request. Should
any railroad fail or refuse to provide that access or
information, the Secretary is hereby granted subpoena power to obtain that
access
and to require the production of that information. The Department
shall
pay the reasonable costs associated with providing any such information
that is not otherwise already required by law. Any officer,
employee, or
agent of the Department exercising the powers granted by this Section shall,
upon request, display proper credentials. The Department shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this Section.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-415) (was 20 ILCS 2705/49.25d)

Sec. 2705-415.
State Rail Plan; responsibilities of other agencies.
The State
Rail Plan, in its provisions concerning
requiring supervision of safety aspects and other railroad matters,
shall not abrogate the present statutory responsibilities of the Illinois
Commerce Commission and shall meet the requirements of the Federal
Railroad Safety Act of 1970. Nothing herein shall provide
for or effect the transfer of responsibilities between State agencies.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-420) (was 20 ILCS 2705/49.25e)

Sec. 2705-420.
Copies of State Rail Plan; report.
The
Department shall provide copies of the State
Rail Plan to the President of the Senate, the Senate Minority Leader, the
Speaker of the House, and the House Minority Leader prior to submitting
the Plan to the federal government. The Department shall also so provide,
by October 15, 1975, a report including its findings concerning the extent,
nature, and proposed use of federal aid available and its recommendations
concerning the source and extent of non-federal assistance, both during
the period in which federal assistance is available and thereafter.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-425) (was 20 ILCS 2705/49.25f)

Sec. 2705-425.

Rail freight services assistance; loans; Rail Freight Loan
Repayment Fund. No funds available for operating or capital
assistance
under Section 5 of the United States Department of Transportation Act for rail freight
services in Illinois may be expended without specific appropriation
of those funds. Reimbursements for those loans that financially
responsible
persons are required by agreement to repay shall be deposited in the State
treasury as follows: (1) the State’s share shall be deposited in the fund
from which the original expenditure was made, and (2) the federal share
shall be deposited in the Rail Freight Loan Repayment Fund. In the case of
repaid funds deposited in the Rail Freight Loan Repayment Fund, the
Department shall have the reuse of those funds and the interest accrued
thereon, which shall also be deposited by the State Treasurer in that Fund,
as the federal share in other eligible projects. However, no expenditures
from the Rail Freight Loan Repayment Fund for those projects shall
at any
time exceed the total sum of funds repaid and deposited in the Rail Freight
Loan Repayment Fund and interest earned by investment by the State
Treasurer that the State Treasurer shall have deposited in that
fund.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)

Sec. 2705-430. Railroad freight service assistance; lines
designated for discontinuation of service or subject to abandonment. The
Department
shall enter into agreements with any railroad as necessary to
provide assistance for continuous freight service on lines of railroads
within Illinois designated for discontinuation of service by the United
States Railway Association Final System Plan and not conveyed to a
railroad company other than Consolidated Rail Corporation. The Department
may enter into such agreements with any railroad as necessary to provide
assistance for continuous rail freight service
on lines of railroads within Illinois subject to an abandonment proceeding
in the federal Surface Transportation Board or classified as potentially subject
to abandonment pursuant to Sections 10903 through 10905 of Title 49 of the
United States Code or upon which a certificate of discontinuance or abandonment
has been issued. The
Department shall make rail continuation subsidy payments pursuant to
the agreements. The agreements shall provide for a
minimum level of
service at least equivalent to that provided in calendar year 1975. The
agreements shall conform to relevant federal law. The Department shall
determine that all payments under this Section are eligible for federal
share reimbursement.

Any nonfederal share of the assistance provided under this Section
shall be provided by the Department. The State share may include funds,
grants, gifts, or donations from the federal government, any local public
body, or any person.

Reimbursements shall be deposited in the State fund from which the
assistance was paid.

The Department shall provide technical assistance to any local public
body or rail user to ensure that rail freight services under
these
agreements are, to the extent possible, adequate to the needs of
Illinois citizens.

The Department shall review the effects of the rail freight service
assistance provided under this Section.

For the purpose of promoting efficient rail freight service, the Department
shall have the power to either grant or loan funds to
any railroad or unit of local government in the State to maintain,
improve, and construct rail facilities. The Department shall also have the
power to grant or loan funds to any rail users located on an abandoned line,
unit of local government, or an owner or lessee of an abandoned railroad
right-of-way to undertake substitute service projects that reduce
the social,
economic, and
environmental costs associated with the loss of a particular rail freight
service in a manner less expensive than continuing that rail freight service.
To facilitate the continuation of rail freight services, the Department
shall have the power to purchase railroad materials and supplies.

(Source: P.A. 100-430, eff. 8-25-17.)

(20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)

Sec. 2705-435. Loans, grants, or contracts to rehabilitate, improve, or
construct rail facilities; State Rail Freight Loan Repayment Fund. In addition to the powers under Section 105-430,
the
Department shall have the power to enter into agreements to loan or grant
State funds to any railroad, unit of local government, rail user, or owner
or lessee of a railroad right of way to rehabilitate, improve, or construct
rail facilities.

For each project proposed for funding under this Section the Department
shall, to the extent possible, give preference to cost effective projects
that facilitate continuation of existing rail freight service.
In the
exercise of its powers under this Section, the Department shall coordinate
its program with the industrial retention and attraction programs of the
Department of Commerce and Economic Opportunity. No funds provided under this
Section shall be expended for the acquisition of a right of way or for operating subsidies. The costs of a project funded under this
Section shall be apportioned in accordance with the agreement of the
parties for the project. Projects are eligible for a loan or grant under
this Section only when the Department determines that the transportation,
economic, and public benefits associated with a project are
greater than the capital costs of that project incurred by all parties to
the agreement and that the project would not have occurred without
its
participation. In addition, a project to be eligible for assistance under
this Section must be included in a State plan for rail transportation and
local rail service prepared by the Department. The Department may also
expend State funds for professional engineering services to conduct
feasibility studies of projects proposed for funding under this Section, to
estimate the costs and material requirements for those projects,
to provide
for the design of those projects, including plans and
specifications, and to
conduct investigations to ensure compliance with the project agreements.

The Department, acting through the Department of Central Management
Services, shall also have the power to let contracts for the
purchase of railroad materials and supplies. The Department shall also
have the power to let contracts for the rehabilitation,
improvement, or construction of rail facilities. Any such contract shall
be let, after due public advertisement, to the lowest responsible bidder or
bidders, upon terms and conditions to be fixed by the Department. With
regard to rehabilitation, improvement, or construction contracts, the
Department shall also require the successful bidder or bidders to furnish
good and sufficient bonds to ensure proper and prompt completion of the
work in accordance with the provisions of the contracts.

In the case of an agreement under which State funds are loaned under this
Section, the agreement shall provide the terms and conditions of repayment.
The agreement shall provide for the security that the
Department shall
determine to protect the State’s interest. The funds may be loaned with or
without interest. Loaned funds that are repaid to the Department
shall be
deposited in a special fund in the State treasury to be known as the State
Rail Freight Loan Repayment Fund. In the case of repaid funds deposited
in the State Rail Freight Loan
Repayment Fund, the Department shall, subject to appropriation, have
the
reuse of those funds and the interest accrued thereon, which shall also be
deposited by the State Treasurer in the Fund, as the State share
in other
eligible projects under this Section. However, no expenditures from
the State Rail Freight Loan Repayment Fund for those projects
shall at any
time exceed the total sum of funds repaid and deposited in the State Rail
Freight Loan Repayment Fund and interest earned by investment by the State
Treasurer which the State Treasurer shall have deposited in that Fund.

For the purposes of promoting efficient rail freight service, the
Department may also provide technical assistance to railroads, units of
local government or rail users, or owners or lessees of railroad rights-of-way.

The Department shall take whatever actions are necessary or appropriate
to protect the State’s interest in the event of bankruptcy, default,
foreclosure, or noncompliance with the terms and conditions of financial
assistance or participation provided hereunder, including the power to
sell, dispose, lease, or rent, upon terms and conditions determined by the
Secretary to be appropriate, real or personal property that the
Department
may receive as a result thereof.

The Department is authorized to make reasonable rules and regulations
consistent with law necessary to carry out the provisions of this Section.

(Source: P.A. 94-793, eff. 5-19-06; 94-807, eff. 5-26-06.)

(20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)

Sec. 2705-440. Intercity Rail Service.

(a) For the
purposes of providing intercity railroad passenger service within this State and throughout the United States, the Department is authorized to enter
into agreements with any state, state agency, units of local government or political subdivisions, the Commuter Rail Division of
the Regional Transportation Authority (or a public corporation on behalf of
that Division),
architecture or
engineering firms,
the National Railroad Passenger Corporation, any carrier, or any individual, corporation,
partnership, or public or private entity. The
cost related to such services shall
be borne in such proportion as, by agreement or contract the
parties may desire.

(b) In providing any intercity railroad passenger service as provided in
this Section, the Department shall have the following additional powers:

(1) to enter into trackage use agreements with rail carriers;
(1.5) to freely lease or otherwise contract for any purpose any of the locomotives, passenger railcars, and other rolling stock equipment or accessions to any state or state agency, public or private entity, or quasi-public entities;
(2) to enter into haulage agreements with rail carriers;
(3) to lease or otherwise contract for use, maintenance, servicing, and repair of any needed locomotives, rolling stock, stations, or other facilities, the lease or contract having a term not to exceed 50 years (but any multi-year contract shall recite that the contract is subject to termination and cancellation, without any penalty, acceleration payment, or other recoupment mechanism, in any fiscal year for which the General Assembly fails to make an adequate appropriation to cover the contract obligation);
(4) to enter into management agreements;
(5) to include in any contract indemnification of carriers or other parties for any liability with regard to intercity railroad passenger service;
(6) to obtain insurance for any losses or claims with respect to the service;
(7) to promote the use of the service;
(8) to make grants to any body politic and corporate, any unit of local government, or the Commuter Rail Division of the Regional Transportation Authority to cover all or any part of any capital or operating costs of the service and to enter into agreements with respect to those grants;
(9) to set any fares or make other regulations with respect to the service, consistent with any contracts for the service; and
(10) to otherwise enter into any contracts necessary or convenient to provide rail services, operate or maintain locomotives, passenger railcars, and other rolling stock equipment or accessions, including the lease or use of such locomotives, railcars, equipment, or accessions.

(c) All service provided under this Section shall be exempt from all
regulations by the Illinois Commerce Commission (other than for safety
matters).
To the extent the service is provided by the Commuter Rail Division of the
Regional Transportation Authority (or a public corporation on behalf of that
Division), it shall be exempt
from safety regulations of the Illinois Commerce Commission to the extent the
Commuter Rail Division adopts its own safety regulations.

(d) In connection with any powers exercised under this Section, the
Department

(1) shall not have the power of eminent domain; and
(2) shall not directly operate any railroad service with its own employees.

(e) Any contract with the Commuter Rail Division of the Regional
Transportation Authority (or a public corporation on behalf of the Division)
under this Section shall provide that all costs in excess of revenue received
by the Division generated from intercity rail service provided by the Division
shall be fully borne by the Department, and no funds for operation of commuter
rail service shall be used, directly or indirectly, or for any period of time,
to subsidize the intercity rail operation. If at any time the Division does
not have sufficient funds available to satisfy the requirements of this
Section, the Division shall forthwith terminate the operation of intercity rail
service. The payments made by the Department to the Division for the intercity
rail passenger service shall not be made in excess of those costs or as a
subsidy for costs of commuter rail operations. This shall not prevent the
contract from providing for efficient coordination of service and facilities to
promote cost effective operations of both intercity rail passenger service and
commuter rail services with cost allocations as provided in this paragraph.

(f) Whenever the Department enters into an agreement with any carrier, state or state agency, any public or private entity, or quasi-public entity for either the Department’s payment of such railroad required maintenance expenses necessary for intercity passenger service or for the lease or use of locomotives, passenger railcars, and other rolling stock equipment or accessions, the Department may deposit such required maintenance funds, use fees, or rental payments into any escrow account. For purposes of this subsection, an escrow account means any fiduciary account established with (i) any banking corporation which is both organized under the Illinois Banking Act and authorized to accept and administer trusts in this State, or (ii) any national banking association which has its principal place of business in this State and which also is authorized to accept and administer trusts in this State. The funds in any required maintenance escrow account may be withdrawn by the carrier or entity in control of the railroad being maintained, only with the consent of the Department, pursuant to a written maintenance agreement and pursuant to a maintenance plan that shall be updated each year. Funds in an escrow account holding lease, use fees, or rental payments may be withdrawn by the Department to be used or expended on acquisition, offsets, overhaul fees, or costs of locomotives, railcars, equipment or accessions, including any future equipment purchase, expenses, fees, or costs, or any other purpose permitted or required by the escrow agreement or any other agreement regarding disbursement of funds. The moneys deposited in the escrow accounts shall be invested and reinvested, pursuant to the direction of the Department, in bonds and other interest bearing obligations of this State, or in such accounts, certificates, bills, obligations, shares, pools or other securities as are authorized for the investment of public funds under the Public Funds Investment Act. Escrow accounts created under this subsection shall not have terms that exceed 20 years. At the end of the term of an escrow account, the remaining balance shall be deposited in the High-Speed Rail Rolling Stock Fund, a special fund that is created in the State Treasury. Moneys in the High-Speed Rail Rolling Stock Fund may be used for any purpose related to locomotives, passenger railcars, and other rolling stock equipment. The Department shall prepare a report for presentation to the Comptroller and the Treasurer each year that shows the amounts deposited and withdrawn, the purposes for withdrawal, the balance, and the amounts derived from investment.

(Source: P.A. 100-773, eff. 1-1-19.)

(20 ILCS 2705/2705-441)

Sec. 2705-441.
Intercity passenger rail equipment; public-private partnerships. The Department, on behalf of the State, may enter into public-private partnerships for the acquisition of equipment for intercity passenger rail service.

(Source: P.A. 96-728, eff. 1-1-10.)

(20 ILCS 2705/2705-445) (was 20 ILCS 2705/49.25i)

Sec. 2705-445.
Validation of prior agreements and contracts.

Any agreement or contract for the purposes of Section 2705-440 that was entered
into prior to June 16, 1976 (the effective date of
Public Act
79-1213) is hereby validated and continued in full force and
effect.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-450) (was 20 ILCS 2705/49.25h-1)

Sec. 2705-450.

High-speed rail and magnetic levitation
transportation
development. The Department is authorized to enter into agreements with any
public or private entity for the purpose of promoting and developing
high-speed rail and magnetic levitation transportation within this State.
The cost related to the service shall be borne in a proportion that
the parties may determine by agreement or contract.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-500) (was 20 ILCS 2705/49.29)

Sec. 2705-500.
Scenic route connecting Mississippi and Ohio Rivers.
The Department shall prepare or have prepared maps, surveys,
or plans, shall conduct studies, and shall consult with the Department of
Natural Resources for the purpose of proposing a route
connecting the Mississippi
and Ohio Rivers through the Shawnee National Forest, to be designated as
a scenic route. The proposed route shall consist of existing roads to the
greatest extent possible, but the proposal may call for any improvements
consistent with federal law that the Department deems necessary or desirable.
The Department shall submit its proposal, along with any other supporting
information it deems appropriate, to the Governor and the General Assembly
no later than March 1, 1986.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-505) (was 20 ILCS 2705/49.30)

Sec. 2705-505.

Signs indicating travel-related facilities or
tourist-oriented businesses. The Department shall, where
economically
feasible and safe,
install along various interstate highways and other freeways with full
control of access, except those that are toll highways, signs to
alert
motorists of the travel-related facilities available in communities served
by upcoming interstate exits. The Department may also install, along other
rural State highways, signs to alert motorists of the tourist-oriented
businesses available on intersecting highways and roads under local
jurisdiction in rural areas. The Department has the
authority to
sell or lease space on the signs to the owners or operators of the
facilities
and to promulgate rules and regulations for the leasing or purchasing of space.

(Source: P.A. 90-272, eff. 7-30-97; 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-505.5)

Sec. 2705-505.5. Child abduction message signs. The Department of
Transportation
shall coordinate with the Illinois State Police in the use of electronic
message
signs on roads and highways in the vicinity of a child abduction to immediately
provide
critical information to the public.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2705/2705-505.6)

Sec. 2705-505.6. Endangered Missing Persons Advisory message signs. The Department of Transportation shall coordinate with the Illinois State Police in the use of electronic message signs on roads and highways to immediately provide critical information to the public concerning missing persons who are believed to be high risk, missing persons with Alzheimer’s disease, other related dementia, or other dementia-like cognitive impairment, as allowed by federal guidelines.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2705/2705-510) (was 20 ILCS 2705/49.15a)

Sec. 2705-510.
Use of prisoners for highway cleanup.
The Department has the
power to request, from the Department of Corrections, the use
of
prisoners in a program as provided in paragraph (f) of Section 3-2-2 of
the Unified Code of Corrections for the
cleaning of trash and
garbage from the highways of this State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-550) (was 20 ILCS 2705/49.12)

Sec. 2705-550.

Transfer of realty to other State agency; acquisition of
federal lands. The Department has the power to transfer
jurisdiction of any realty under the control of the
Department to any other department of the State government or to any
authority, commission, or other agency of the State or to acquire or
accept
federal lands when the transfer, acquisition, or
acceptance is
advantageous to the State and is approved in writing by the Governor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-555) (was 20 ILCS 2705/49.13)

Sec. 2705-555. Lease of land or property.

(a) The Department has the power from
time to time to lease any land or property, with or without
appurtenances, of which the Department has jurisdiction and that is not
immediately to be used or developed by the State; provided that no such
lease be for a longer period of time than that in which it can reasonably
be expected the State will not have use for the property, and
further
provided that no such lease be for a longer period of time than 5 years,
except as provided in subsection (b).

(b) In counties with a population of not less than 500,000 and not more
than 800,000, a lease
to any other
department of State
government, any authority, commission, or agency of the State, or a
municipality, county, or township of the State, including in any land lease the
corresponding vertical rights, subterranean and air rights, and sublease
rights,
may be for a period of time no longer than 25 years.

(c) In counties with a population of not less than 3,000,000, a lease initially entered into within one year after the effective date of this amendatory Act of the 93rd General Assembly, including in any land lease the corresponding vertical rights, subterranean and air rights, and sublease rights, may be for a period of time no longer than 35 years. The land or property shall be leased by the Department at fair market value.

(Source: P.A. 93-1100, eff. 3-31-05.)

(20 ILCS 2705/2705-565)

Sec. 2705-565. North Chicago property; study; conveyance.

(a) The Department shall perform a study of property owned by the Department consisting of approximately 160 acres located in North Chicago, south of IL Route 137, between IL Route 43 and US Route 41. The study shall include, but not be limited to, a survey of the property for the purpose of delineating jurisdictional wetlands in accordance with the Interagency Wetland Policy Act of 1989 and identifying threatened and endangered species in accordance with the Illinois Endangered Species Protection Act, for the purpose of identifying property no longer needed for highway purposes.

(b) Upon completion of the study and for a period ending 3 years after the effective date of this amendatory Act of the 94th General Assembly, the City of North Chicago shall have an exclusive option to purchase for public purposes those portions of the property no longer needed for highway purposes for a consideration, which may be de minimis, negotiated by the parties. The Department of Transportation is authorized to convey the excess property to the City of North Chicago pursuant to this Section within 3 years after the effective date of this amendatory Act of the 94th General Assembly, but may not otherwise convey or transfer the property during that period.

(c) Any conveyance to the City of North Chicago under this Section shall provide (i) that title to the property reverts to the State of Illinois if the property ceases to be used for public purposes and (ii) the City of North Chicago may lease the property but may not convey its ownership of the property to any party, other than the State of Illinois.

(Source: P.A. 99-642, eff. 7-28-16.)

(20 ILCS 2705/2705-575) (was 20 ILCS 2705/49.28)

Sec. 2705-575. Sale of used vehicles. Whenever the Department has deemed a vehicle shall be replaced, it shall notify the Division of Property Control of the Department of Central Management Services and the Division of Vehicles of the Department of Central Management Services for potential reallocation of the vehicle to another State agency through inter-agency transfer per standard fleet vehicle allocation procedures. If the vehicle is not re-allocated for use into the State fleet or agencies by the Division of Property Control or the Division of Vehicles of the Department of Central Management Services, the Department shall make the vehicle available to those units of local
government that have previously
requested the notification and provide them the opportunity to purchase the vehicle. Any proceeds from the sale of vehicles pursuant to this Section shall be deposited in the Road Fund. The term
“vehicle” as used in this Section is defined to include
passenger automobiles, light duty
trucks, heavy duty trucks, and other self-propelled motorized equipment in excess of 25 horsepower and attachments.

(Source: P.A. 101-636, eff. 6-10-20.)

(20 ILCS 2705/2705-580)

Sec. 2705-580. Educational facility entrances. As part of State highway construction projects, the Department shall evaluate, fund, and repair, within the right-of-way, the entrances to public educational facilities that border State highways.

(Source: P.A. 95-271, eff. 1-1-08.)

(20 ILCS 2705/2705-585)

Sec. 2705-585. Diversity goals.

(a) To the extent permitted by any applicable federal law or regulation, all State construction projects funded from amounts (i) made available under the Governor’s Fiscal Year 2009 supplemental budget or the American Recovery and Reinvestment Act of 2009 and (ii) that are appropriated to the Illinois Department of Transportation shall comply with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(b) The Illinois Department of Transportation shall appoint representatives to professional and artistic services selection committees representative of the State’s ethnic, cultural, and geographic diversity, including, but not limited to, at least one person from each of the following: an association representing the interests of African American business owners, an association representing the interests of Latino business owners, and an association representing the interests of women business owners. These committees shall comply with all requirements of the Open Meetings Act.

(Source: P.A. 100-391, eff. 8-25-17.)

(20 ILCS 2705/2705-587)

Sec. 2705-587. Diversity in Engineering scholarship program.

(a) The Diversity in Engineering scholarship program is created to assist in increasing the representation of targeted group members among the civil engineers employed by the Department.

(b) For purposes of this Section:

“Targeted group member” means a person belonging to a class of race, color, sex, national origin, ancestry, age, or disability whose percentage of the civil engineer workforce employed by the Department is less than the percentage of the statewide labor market for civil engineers as determined by the Department’s review of statewide labor statistics.
“Eligible student” means a person who: (i) is an Illinois resident at the time of application for a scholarship under the Program established by this Section; (ii) is enrolled at any Illinois college or university in any program leading toward a degree in civil engineering; (iii) agrees to conditions required by the Department, including the obligation to work for the Department after graduation if a position is offered for at least one year for each academic year the student receives a scholarship.

(c) The Department, subject to appropriation, shall award scholarships to up to 20 selected eligible students each year, unless no targeted group members are identified by the Department. The Department shall establish a process for selecting eligible students, which considers obtaining a critical mass of students in the program to remedy the underutilization of targeted group members. Each scholarship issued pursuant to this Section shall not exceed $7,500 per academic year.

(d) The Department shall adopt rules to implement and administer the scholarship program created by this Section.

(Source: P.A. 97-288, eff. 1-1-12; 98-585, eff. 8-27-13.)

(20 ILCS 2705/2705-590)

Sec. 2705-590. Roadbuilding criteria; life-cycle cost analysis.

(a) As used in this Section, “life-cycle cost” means the total of the cost of the initial project plus all anticipated future costs over the life of the pavement. Actual, relevant data, and not assumptions or estimates, shall be used to the extent such data has been collected.

(b) The Department shall develop and implement a life-cycle cost analysis for each State road project under its jurisdiction for which the total pavement costs exceed $500,000 funded in whole, or in part, with State or State-appropriated funds. The Department shall design and award these paving projects utilizing material having the lowest life-cycle cost. All pavement design life shall ensure that State and State-appropriated funds are utilized as efficiently as possible. When alternative material options are substantially equivalent on a life-cycle cost basis, the Department may make a decision based on other criteria. At the discretion of the Department, interstate highways with high traffic volumes or experimental projects may be exempt from this requirement.

(c) Except as otherwise provided in this Section, a life-cycle cost analysis shall compare equivalent designs based upon this State’s actual historic project schedules and costs as recorded by the pavement management system, and may include estimates of user costs throughout the entire pavement life.

(d) For pavement projects for which this State has no actual historic project schedules and costs as recorded by the pavement management system, the Department may use actual historical and comparable data for equivalent designs from states with similar climates, soil structures, or vehicle traffic.

(Source: P.A. 96-715, eff. 8-25-09; 96-1000, eff. 7-2-10.)

(20 ILCS 2705/2705-593)

Sec. 2705-593. Office of Business and Workforce Diversity.

(a) The Office of Business and Workforce Diversity is established within the Department.

(b) The Office shall administer and be responsible for the Department’s efforts to achieve greater diversity in its construction projects and in promoting equal opportunities within the Department. The responsibilities of the Office shall be administered between 2 distinct bureaus, designed to establish policy, procedures, and monitoring efforts pursuant to the governing regulations supporting minorities and those supporting women in contracting and workforce activities.

(c) Applicant firms must be found eligible to be certified as a Disadvantaged Business Enterprise (DBE) program under the federal regulations contained in 49 CFR part 26 and part 23. Only those businesses that are involved in highway construction-related services (non-vertical), consultant, and supplier/equipment rental/trucking services may be considered for participation in the Department’s DBE program. Once certified, the firm’s name shall be listed in the Illinois Unified Certification Program’s (IL UCP) DBE Directory (Directory). The IL UCP’s 5 participating agencies shall maintain the Directory to provide a reference source to assist bidders and proposers in meeting DBE contract goals. The Directory shall list the firms in alphabetical order and provides the industry categories/list and the districts in which the firms have indicated they are available.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-1000, eff. 7-2-10.)

(20 ILCS 2705/2705-595)

Sec. 2705-595. Prequalification of minority-owned and women-owned contractors. The Department shall, within 30 days after the effective date of this amendatory Act of the 96th General Assembly, establish a committee to review the rules for prequalification of contractors adopted by the Department at 44 Illinois Administrative Code 650. The purpose of the review is to determine whether the rules for prequalification operate as a barrier to minority-owned and women-owned contractors becoming prequalified to bid on or make proposals for Department contracts. The committee shall, in addition to Department staff, be constituted with membership representing the construction industry and minority-owned and women-owned contractors. The committee shall complete its work and make recommendations for any changes to the rules for prequalification to the Secretary of Transportation within 180 days after the effective date of this amendatory Act of the 96th General Assembly.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of P.A. 96-795).)

(20 ILCS 2705/2705-597)

Sec. 2705-597. Equal Employment Opportunity
Contract Compliance Officers. Notwithstanding any Department policy or rule to the contrary, the Secretary shall have jurisdiction over all Equal Employment Opportunity
Contract Compliance Officers within the Department, or within districts controlled by the Department, and shall be responsible for the evaluation of such officers.

(Source: P.A. 101-657, eff. 1-1-22.)

(20 ILCS 2705/2705-600)

Sec. 2705-600. (Repealed).

(Source: P.A. 100-391, eff. 8-25-17. Repealed by internal repealer, eff. 6-30-17.)

(20 ILCS 2705/2705-605)

Sec. 2705-605. Construction projects; notification of the public.

(a) The Department shall develop and publish an updated policy for the notification of members of the public prior to the commencement of construction projects which impact their communities. The policy shall include procedures for ensuring that the public is informed of construction projects, excluding emergency projects, which are estimated to require the closure of a street or lane of traffic for a period longer than 5 consecutive business days. The policy shall include procedures for the notification of local public officials, including the highway commissioner in each Department district that will be impacted by the construction projects, and affected businesses of affected communities and shall provide the local public officials the opportunity to request a meeting with the Department prior to the initiation of the closure.

(b) The policy shall include a requirement that the Department contact the highway commissioner located in each Department district that will be impacted by a proposed construction project. The policy shall be completed and published on the Department’s Internet website by January 1, 2022.

(c) The Department shall work with affected stakeholders, including residents, businesses, and other community members, before and during construction by considering various methods to mitigate and reduce project impacts to better serve those directly impacted by the improvement. Those methods could include, but need not be limited to, detour routing and temporary signage.

(Source: P.A. 102-393, eff. 8-16-21.)

(20 ILCS 2705/2705-610)

Sec. 2705-610. (Repealed).

(Source: P.A. 102-558, eff. 8-20-21. Repealed by P.A. 102-1071, eff. 6-10-22.)

(20 ILCS 2705/2705-615)

Sec. 2705-615. Supplemental funding; Illinois Transportation Enhancement Program.

(a) In addition to any other funding that may be provided to the Illinois Transportation Enhancement Program from federal, State, or other sources, including, but not limited to, the Transportation Alternatives Set-Aside of the Surface Transportation Block Grant Program, the Department shall set aside $50,000,000 received by the Department from the Road Fund for the projects in the following categories: pedestrian and bicycle facilities and the conversion of abandoned railroad corridors to trails.

(b) Except as provided in subsection (c), funds set aside under subsection (a) shall be administered according to the requirements of the current Guidelines Manual published by the Department for the Illinois Transportation Enhancement Program, including, but not limited to, decision-making by the Department and the applicable Metropolitan Planning Organization and proportional fund distribution according to population size.

(1) local matching funding shall be required according to a sliding scale based on community size, median income, and total property tax base;
(2) Phase I Studies and Phase I Engineering Reports are not required to be completed before application is made; and
(3) at least 25% of funding shall be directed towards projects in high-need communities, based on community median income and total property tax base.

(d) The Department shall adopt rules necessary to implement this Section.

(e) The Department shall adhere to a 2-year funding cycle for the Illinois Transportation Enhancement Program with calls for projects at least every other year.

(f) The Department shall make all funded and unfunded Illinois Transportation Enhancement Program applications publicly available upon completion of each funding cycle, including how each application scored on the program criteria.

(Source: P.A. 101-32, eff. 6-28-19; 102-558, eff. 8-20-21.)

(20 ILCS 2705/2705-616)

Sec. 2705-616. State safety oversight for rail fixed guideway systems. The Department shall develop, adopt, and implement a system safety program standard and establish procedures to comply with 49 U.S.C. 5329 and 49 U.S.C. 5330 as required under paragraph (7) of Section 2705-300 of the Department of Transportation Law of the Civil Administrative Code of Illinois.

(Source: P.A. 102-559, eff. 8-20-21.)

(20 ILCS 2705/2705-620)

(Section scheduled to be repealed on December 31, 2023)

Sec. 2705-620. Bond Reform in the Construction Industry Task Force.

(a) There is created the Bond Reform in the Construction Industry Task Force consisting of the following members:

(1) the Governor, or his or her designee;
(2) the State Treasurer, or his or her designee;
(3) the Director of Insurance, or his or her designee;
(4) 2 members appointed by the Speaker of the House of Representatives;
(5) 2 members appointed by the Minority Leader of the House of Representatives;
(6) 2 members appointed by the President of the Senate;
(7) 2 members appointed by the Minority Leader of the Senate; and
(8) 7 members representing the construction industry appointed by the Governor.

The Department of Transportation shall provide administrative support to the Task Force.

(b) The Task Force shall study innovative ways to reduce the cost of insurance in the private and public construction industry while protecting owners from risk of nonperformance. The Task Force shall consider options that include, but are not limited to, owner-financed insurance instead of contractor-financed insurance and alternative ways to manage risk other than bonds or other insurance products.

(d) This Section is repealed December 31, 2023.

(Source: P.A. 102-1065, eff. 6-10-22.)

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Article 2705 – Department Of Transportation

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