(70 ILCS 3615/Art. II heading)
(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
Sec. 2.01. General Allocation of Responsibility for Public Transportation.
(a) In order to accomplish the
purposes as set forth in this Act,
the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall:
The
Service Boards shall, on a continuing basis determine
the level, nature
and kind of public transportation which should be provided for the
metropolitan region in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation
by purchasing
such service from transportation agencies through purchase of service
agreements, by grants to such agencies or by operating such service, all
pursuant to this Act and the "Metropolitan Transit Authority
Act", as now or hereafter amended. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by the affirmative vote of at least 12 of its then Directors: A Strategic Plan; a Five-Year Capital Program; and an Annual Budget and Two-Year Financial Plan.
(b) The Authority shall subject the operating and capital plans and
expenditures of the Service Boards in the
metropolitan region with
regard to public transportation to continuing review so that
the Authority may budget and expend its funds with maximum effectiveness
and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits may include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of transportation agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a transportation agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or transportation agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.01a)
Sec. 2.01a. Strategic Plan.
(a) By the affirmative vote of at least 12 of its then Directors, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation.
(b) The Strategic Plan shall identify goals and objectives with respect to:
(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by a Service Board or a transportation agency will be evaluated by the Authority for inclusion in the Five-Year Capital Program, which may include criteria for:
(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, geographic equity and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer-related performance data measured by line, route, or sub-region, as determined by the Authority, on the following:
The Service Boards and transportation agencies that receive funding from the Authority or Service Boards shall prepare, publish, and submit to the Authority such reports with regard to these standards and measurements in the frequency and form required by the Authority; however, the frequency of such reporting shall be no less than annual. The Service Boards shall publish such reports on their respective websites. The Authority shall compile and publish such reports on its website. Such performance standards and measures shall not be used as the basis for disciplinary action against any employee of the Authority or Service Boards, except to the extent the employment and disciplinary practices of the Authority or Service Board provide for such action.
(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.
(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.
(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. The Authority shall also consult with the Illinois Department of Transportation's Office of Planning and Programming when developing the Strategic Plan. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(h) The Authority may adopt, by the affirmative vote of at least 12 of its then Directors, sub-regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, geographic equity and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub-regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub-region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub-regional or corridor plans.
(i) If the Authority determines, by the affirmative vote of at least 12 of its then Directors, that, with respect to any proposed new public transportation service or facility, (i) multiple Service Boards or transportation agencies are potential service providers and (ii) the public transportation facilities to be constructed or purchased to provide that service have an expected construction cost of more than $25,000,000, the Authority shall have sole responsibility for conducting any alternatives analysis and preliminary environmental assessment required by federal or State law. Nothing in this subparagraph (i) shall prohibit a Service Board from undertaking alternatives analysis and preliminary environmental assessment for any public transportation service or facility identified in items (i) and (ii) above that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly; however, any expenditure related to any such public transportation service or facility must be included in a Five-Year Capital Program under the requirements of Sections 2.01b and 4.02 of this Act.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.01b)
Sec. 2.01b. The Five-Year Capital Program. By the affirmative vote of at least 12 of its then Directors, the Authority, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the metropolitan region, shall each year adopt a Five-Year Capital Program that shall include each capital improvement to be undertaken by or on behalf of a Service Board provided that the Authority finds that the improvement meets any criteria for capital improvements contained in the Strategic Plan, is not inconsistent with any sub-regional or corridor plan adopted by the Authority, and can be funded within amounts available with respect to the capital and operating costs of such improvement. In reviewing proposals for improvements to be included in a Five-Year Capital Program, the Authority may give priority to improvements that are intended to bring public transportation facilities into a state of good repair. The Five-Year Capital Program shall also identify capital improvements to be undertaken by a Service Board, a transportation agency, or a unit of local government and funded by the Authority from amounts in the Innovation, Coordination, and Enhancement Fund, provided that no improvement that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly may receive funding from the Innovation, Coordination, and Enhancement Fund. Before adopting a Five-Year Capital Program, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Five-Year Capital Program with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.01c)
Sec. 2.01c. Innovation, Coordination, and Enhancement Fund.
(a) The Authority shall establish an Innovation, Coordination, and Enhancement Fund and deposit into the Fund an amount equal to $10,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. Amounts on deposit in such Fund and interest and other earnings on those amounts may be used by the Authority,
upon the affirmative vote of 12 of its then Directors, and after
a public participation process, for operating or capital grants
or loans to Service Boards, transportation agencies, or units
of local government that advance the goals and objectives
identified by the Authority in its Strategic Plan, provided
that no improvement that has been included in a Five-Year
Capital Program as of the effective date of this amendatory Act
of the 95th General Assembly may receive any funding from the
Innovation, Coordination, and Enhancement Fund. Unless the
Board has determined by a vote of 12 of its then Directors that
an emergency exists requiring the use of some or all of the
funds then in the Innovation, Coordination, and Enhancement
Fund, such funds may only be used to enhance the coordination
and integration of public transportation and develop and
implement innovations to improve the quality and delivery of
public transportation.
(b) Any grantee that receives funds from the Innovation, Coordination, and Enhancement Fund for the operation of eligible programs must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program utilizing such funds, determine whether it is desirable to continue the program, and upon such a determination, either incorporate such program into its annual operating budget and capital program or discontinue such program. No additional funds from the Innovation, Coordination, and Enhancement Fund may be distributed to a grantee for any individual program beyond 2 years unless the Authority by the affirmative vote of at least 12 of its then Directors waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one year-period, and any further waivers for such individual program require a subsequent vote of the Board.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/2.01d)
Sec. 2.01d. ADA Paratransit Fund. The Authority shall establish an ADA Paratransit Fund and, each year, deposit into that Fund the following amounts: (i) a base amount equal to $115,000,000 in 2012, and, each year thereafter, an amount equal to the final budgeted funding for ADA paratransit services for the current year, (ii) any funds received from the State pursuant to appropriations for the purpose of funding ADA paratransit services, and (iii) any additional funds necessary to fund the budget or amended budget for ADA paratransit services adopted or approved by the Board for the current year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for ADA paratransit services provided pursuant to plans approved by the Authority under Section 2.30 of this Act. Funds received by the Suburban Bus Board from the Authority's ADA Paratransit Fund shall be used only to provide ADA paratransit services to individuals who are determined to be eligible for such services by the Authority under the Americans with Disabilities Act of 1990 and its implementing regulations. Revenues from and costs of services provided by the Suburban Bus Board with grants made under this Section shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act that apply to ADA paratransit services. Beginning in 2008, the Executive Director shall, no later than August 15 of each year, provide to the Board a written determination of the projected annual costs of ADA paratransit services that are required to be provided pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations for the current year. The Authority shall conduct triennial financial, compliance, and performance audits of ADA paratransit services to assist in this determination.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/2.01e)
Sec. 2.01e. Suburban Community Mobility Fund. The Authority shall establish a Suburban Community Mobility Fund and deposit into that Fund an amount equal to $20,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for the purpose of operating transit services, other than traditional fixed-route services, that enhance suburban mobility, including, but not limited to, demand-responsive transit services, ride sharing, van pooling, service coordination, centralized dispatching and call taking, reverse commuting, service restructuring, and bus rapid transit. Revenues from and costs of services provided by the Suburban Bus Board with moneys from the Suburban Community Mobility Fund shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02. Purchase of service contracts; grants.
(a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contracts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under the Public Utilities Act.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the Illinois Human Rights
Act and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 100-863, eff. 8-14-18.)
(70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03)
Sec. 2.03.
Operations.
A Service Board may provide public transportation
by operating public
transportation facilities. A Service Board may enter
into operating
agreements with any individual, corporation or other person or private or
public entity to operate such facilities on behalf of the Service Board.
(Source: P.A. 83-886.)
(70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
Sec. 2.04. Fares and Nature of Service.
(a) Whenever a Service Board provides any public transportation by
operating public transportation facilities, the Service Board
shall provide for the level and nature of fares or charges to be made for
such services, and the nature and standards of public transportation to
be so provided that meet the goals and objectives adopted by the Authority in the Strategic Plan. Provided, however that if the Board adopts a budget and
financial plan for a Service Board in accordance with the provisions in
Section 4.11(b)(5), the Board may consistent with the terms of any purchase
of service contract provide for the level and nature of fares
to be made for such services under the jurisdiction of that Service Board,
and the nature and standards of public transportation to be so provided.
(b) Whenever a Service Board provides any public transportation
pursuant to grants made after June 30, 1975, to transportation agencies
for operating expenses (other than with regard to experimental programs)
or pursuant to any purchase of service agreement, the purchase of service
agreement or grant contract shall provide for the level and nature of fares
or charges to be made for such services, and the nature and standards of
public transportation to be so provided. A Service Board
shall require all transportation agencies with which it contracts, or from
which it purchases transportation services or to which it makes grants to
provide half fare transportation for their student riders if any of such
agencies provide for half fare transportation to their student riders.
(c) In so providing for the fares or charges and the nature and standards of
public transportation, any purchase of service agreements or grant contracts
shall provide, among other matters, for the terms or cost of transfers
or interconnections between different modes of transportation and
different public transportation agencies, schedules or routes of such
service, changes which may be made in such service, the nature and
condition of the facilities used in providing service, the manner of
collection and disposition of fares or charges, the records and reports
to be kept and made concerning such service, for interchangeable
tickets or other coordinated or uniform methods of collection of
charges, and shall further require that the transportation agency comply with any determination made by the Board of the Authority under and subject to the provisions of Section 2.12b of this Act. In regard to any such service, the Authority and the Service
Boards shall give
attention to and may undertake programs to promote use of public
transportation and to provide coordinated ticket sales and passenger
information. In the case of a grant to a transportation agency which
remains subject to Illinois Commerce Commission supervision and
regulation, the Service Boards shall exercise the powers
set forth in this
Section in a manner consistent with such supervision and regulation by
the Illinois Commerce Commission.
(d) By January 1, 2013, the Authority, in consultation with the Service Boards and the general public, must develop a policy regarding transfer fares on all fixed-route public transportation services provided by the Service Boards. The policy shall also set forth the fare sharing agreements between the Service Boards that apply to interagency fare passes and tickets. The policy established by the Authority shall be submitted to each of the Service Boards for its approval or comments and objection. After receiving the policy, the Service Boards have 90 days to approve or take other action regarding the policy. If all of the Service Boards agree to the policy, then a regional agreement shall be created and signed by each of the Service Boards.
The terms of the agreement may be changed upon petition by any of the Service Boards and by agreement of the other Service Boards.
(e) By January 1, 2015, the Authority must develop and implement a regional fare payment system. The regional fare payment system must use and conform with established information security industry standards and requirements of the financial industry. The system must allow consumers to use contactless credit cards, debit cards, and prepaid cards to pay for all fixed-route public transportation services. Beginning in 2012 and each year thereafter until 2015, the Authority must submit an annual report to the Governor and General Assembly describing the progress of the Authority and each of the Service Boards in implementing the regional fare payment system. The Authority must adopt rules to implement the requirements set forth in this Section.
(Source: P.A. 97-85, eff. 7-7-11.)
(70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
Sec. 2.05. Centralized Services; Acquisition and Construction.
(a) The Authority may at the
request of two or more Service Boards, serve, or designate a Service Board
to serve, as a centralized purchasing agent for the Service Boards so requesting.
(b) The Authority may at the request of two or more Service Boards perform
other centralized services such as ridership information and transfers between
services under the jurisdiction of the Service Boards where such centralized
services financially benefit the region as a whole. Provided, however,
that the Board may require transfers only upon an affirmative vote of 12
of its then Directors.
(c) A Service Board or the Authority may for the benefit of a Service
Board, to meet its purposes, construct or acquire any public
transportation facility for use by a Service Board
or for use by any
transportation agency and may acquire any such facilities from any
transportation agency, including also without limitation any reserve funds,
employees' pension or retirement funds, special funds, franchises,
licenses, patents, permits and papers, documents and records of the agency.
In connection with any such acquisition from a transportation agency the
Authority may assume obligations of the transportation agency with regard
to such facilities or property or public transportation operations of such
agency.
In connection with any construction or acquisition, the Authority shall
make relocation payments as may be required by federal law or by the
requirements of any federal agency authorized to administer any federal
program of aid.
(d) The Authority shall, after consulting with the Service Boards, develop regionally coordinated and consolidated sales, marketing, advertising, and public information programs that promote the use and coordination of, and transfers among, public transportation services in the metropolitan region. The Authority shall develop and adopt, with the affirmative vote of at least 12 of its then Directors, rules and regulations for the Authority and the Service Boards regarding such programs to ensure that the Service Boards' independent programs conform with the Authority's regional programs.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
Sec. 2.06. Use of streets and roads; relationship with Illinois Commerce Commission.
(a) The Authority may for the benefit of a Service Board, by ordinance,
provide for special lanes for
exclusive or special use by public transportation vehicles with regard to
any roads, streets, ways, highways, bridges, toll highways or toll bridges
in the metropolitan region, notwithstanding any governmental statute,
ordinance or regulation to the contrary.
(b) The Authority, for the benefit of a Service Board, shall have
the power to use and, by ordinance, to
authorize any Service Board or transportation agency to use without
any franchise, charge,
permit or license any public road, street, way, highway, bridge, toll
highway or toll bridge within the metropolitan region for the provision of
public transportation. Transportation agencies which have purchase of
service agreements with a Service Board as to any
public transportation shall
not as to any aspect of such public transportation be subject to any
supervision, licensing or regulation imposed by any unit of local
government in the metropolitan region, except as may be specifically
authorized by the Authority and except for regular police supervision of
vehicular traffic.
(c) The Authority shall not be subject to the Public Utilities Act.
Transportation agencies which have any purchase of service agreement with
a Service Board shall not be subject to that Act as to any public
transportation which is the subject of such agreement. No contract or
agreement entered into by any transportation agency with a Service Board
shall be subject to approval of or regulation by the Illinois Commerce
Commission. If a Service Board shall determine that any particular public
transportation service provided by a transportation agency with which the
Service Board has a purchase of service agreement is not
necessary for the
public interest and shall, for that reason, decline to enter into any
purchase of service agreement for such particular service, then the
Service Board shall have no obligation pursuant to Section
2.02(c) to offer or
make a purchase of service agreement with respect to that particular
service and the transportation agency may discontinue the particular
service. Such discontinuation shall not be subject to the approval of or
regulation by the Illinois Commerce Commission. The acquisition by the
Authority by eminent domain of any property, from any transportation
agency, shall not be subject to the approval of or regulation by the
Illinois Commerce Commission, provided, however, that
the requirement in
Section 7-102 of the Code of Civil Procedure, as amended, requiring in certain
instances prior approval of the Illinois Commerce Commission for taking or
damaging of property of railroads or other public utilities shall continue
to apply as to any taking or damaging by the Authority
of any real property
of such a railroad not used for public transportation or of any real
property of such other public utility.
(Source: P.A. 100-863, eff. 8-14-18.)
(70 ILCS 3615/2.06.1) (from Ch. 111 2/3, par. 702.06.1)
Sec. 2.06.1. Bikeways and trails. The Authority may use its
established funds, personnel, and other resources to acquire, construct,
operate, and maintain bikeways and trails. The Authority shall cooperate
with other governmental and private agencies in bikeway and trail programs.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07)
Sec. 2.07.
Extra-territorial Authority.
In order to provide or assist any transportation of members of the
general public between points in the metropolitan region and points outside
the metropolitan region, whether in this State or in Wisconsin or Indiana,
the Authority may at the request and for the benefit of a Service Board,
by ordinance, enter into agreements with any unit of
local government, individual, corporation or other person or public agency
in or of any such state or any private entity for such service. Such
agreements may provide for participation by a Service Board
in providing such
service and for grants by a Service Board in connection
with any such
service, and may, subject to federal and State law, set forth any terms
relating to such service, including coordinating such service with public
transportation in the metropolitan region. Such agreement may be for such
number of years or duration as the parties may agree. In regard to any such
agreements or grants, a Service Board shall consider
the benefit to the
metropolitan region and the financial contribution with regard to such
service made or to be made from public funds in such areas served outside
the metropolitan region.
(Source: P.A. 83-886.)
(70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
Sec. 2.08.
Protection Against Crime.
The Authority shall cooperate with the various State, municipal,
sheriff's and transportation agency police forces in the metropolitan
region for the protection of employees and consumers of public
transportation services and public transportation facilities against crime.
The Authority may provide by ordinance for an Authority police force to
aid, coordinate and supplement other police forces in protecting persons
and property and reducing the threats of crime with regard to public
transportation. Such police shall have the same powers with regard to such
protection of persons and property as those exercised by police of
municipalities and may include members of other police forces in the
metropolitan region. The Authority shall establish minimum standards for
selection and training of members of such police force employed by it.
Training shall be accomplished at schools certified by the Illinois Law Enforcement Training Standards
Board established
pursuant to the Illinois Police Training Act. Such training shall be subject to the rules
and standards adopted pursuant to Section 7 of that Act. The Authority may
participate in any training program conducted under that Act. The Authority
may provide for the coordination or consolidation of security services and
police forces maintained with regard to public transportation services and
facilities by various transportation agencies and may contract with any
municipality or county in the metropolitan region to provide protection of
persons or property with regard to public transportation. Employees of the
Authority or of any transportation agency affected by any action of the
Authority under this Section shall be provided the protection set forth in
Section 2.16. Neither the Authority, the Suburban Bus Division, the
Commuter Rail Division, nor any of their Directors, officers or employees
shall be held liable for failure to provide a security or police force or,
if a security or police force is provided, for failure to provide adequate
police protection or security, failure to prevent the commission of crimes
by fellow passengers or other third persons or for the failure to apprehend
criminals.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
Sec. 2.09. Research and Development.
(a) The Authority and the Service
Boards shall study public transportation problems and
developments; encourage experimentation in developing new public
transportation technology, financing methods, and management procedures;
conduct, in cooperation with other public and private agencies, studies and
demonstration and development projects to test and develop methods for
improving public transportation, for reducing its costs to users or for
increasing public use; and conduct, sponsor, and participate in other
studies and experiments, which may include fare demonstration programs,
useful to achieving the purposes of this Act.
The cost for any such item authorized by this Section may be exempted
by the Board in a budget ordinance from the "costs" included in determining
that the Authority and its service
boards meet the farebox recovery ratio or system generated revenues recovery
ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this
Act and Section 34 of the Metropolitan Transit Authority Act during the
Authority's fiscal year which begins January 1, 1986 and ends December 31,
1986, provided that the cost of any item authorized herein must be
specifically approved within the budget adopted pursuant to Sections 4.01
and 4.11 of this Act for that fiscal year.
(b) To improve public transportation service in areas of the metropolitan region with limited access to commuter rail service, the Authority and the Suburban Bus Division shall evaluate the feasibility of implementing new bus rapid transit services using the expressway and tollway systems in the metropolitan region. The Illinois Department of Transportation and the Illinois Toll Highway Authority shall work cooperatively with the Authority and the Suburban Bus Division in that evaluation and in the implementation of bus rapid transit services. The Authority and the Suburban Bus Division, in cooperation with the Illinois Department of Transportation, shall develop a bus rapid transit demonstration project on Interstate 55 located in Will, DuPage, and Cook Counties. This demonstration project shall test and refine approaches to bus rapid transit operations in the expressway or tollway shoulder or regular travel lanes and shall investigate technology options that facilitate the shared use of the transit lane and provide revenue for financing construction and operation of public transportation facilities.
(c) The Suburban Bus Division and the Authority shall cooperate in the development, funding, and operation of programs to enhance access to job markets for residents in south suburban Cook County. Beginning in 2008, the Authority shall allocate to the Suburban Bus Division an amount not less than $3,750,000, and beginning in 2009 an amount not less than $7,500,000 annually for the costs of such programs.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10)
Sec. 2.10.
Protection of the Environment.
The Authority and the Service Boards shall take all feasible and prudent
steps to minimize
environmental disruption and pollution arising from its activities or from
public transportation activities of transportation agencies acting pursuant
to purchase of service agreements. In carrying out its purposes and powers
under this Act, the Authority and the Service Boards shall seek to reduce
environmental disruption
and pollution arising from all forms of transportation of persons within
the metropolitan region. The Service Boards shall employ persons
with skills and
responsibilities for determining means to minimize such disruption and
pollution.
(Source: P.A. 83-886.)
(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
Sec. 2.11. Safety.
(a) The Service Boards may establish, enforce and facilitate
achievement and
maintenance of standards of safety against accidents with respect to public
transportation provided by the Service Boards or by transportation
agencies
pursuant to purchase of service agreements with the Service Boards. The
provisions of general or special orders, rules or regulations issued by the
Illinois Commerce Commission pursuant to Section 57 of "An Act concerning
public utilities", approved June 29, 1921, as amended, which pertain to
public transportation and public transportation facilities of railroads
will continue to apply until the Service Board determines
that different
standards are necessary to protect such health and safety.
(b) (Blank).
(c) The security portion of the system safety program, investigation
reports, surveys, schedules, lists, or data compiled, collected, or prepared by
or for the Authority under this subsection, shall 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.
(d) Neither the Authority nor its directors, officers, or employees nor any
Service Board subject to this Section nor its directors, officers, or employees
shall be held liable in any civil action for any injury to any person or
property for any acts or omissions or failure to act under this Section or
pursuant to 49 CFR Part 659 as now or hereafter amended.
(e) 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.)
(70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
Sec. 2.12. Coordination with Planning Agencies. The Authority and the Service Boards shall cooperate with the various
public agencies charged
with responsibility for long-range or comprehensive planning for the
metropolitan region. The Authority shall utilize the official forecasts and plans of the Chicago Metropolitan Agency for Planning in developing the Strategic Plan and the Five-Year Capital Program. The Authority and the Service Boards shall, prior
to the adoption of any
Strategic Plan, as provided in Section 2.01a of this Act, or the adoption of any Five-Year Capital
Program, as provided in Section 2.01b
of this
Act, submit its proposals to such agencies for review and comment. The
Authority and the Service Boards may make use of existing studies, surveys,
plans, data and other materials in the possession of any State agency or
department, any planning agency or any unit of local government.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.12a)
Sec. 2.12a. (Repealed).
(Source: P.A. 83-886. Repealed by P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.12b)
Sec. 2.12b. Coordination of Fares and Service. Upon the request of a Service Board, the Executive Director of the Authority may, upon the affirmative vote of 9 of the then Directors of the Authority, intervene in any matter involving (i) a dispute between Service Boards or a Service Board and a transportation agency providing service on behalf of a Service Board with respect to the terms of transfer between, and the allocation of revenues from fares and charges for, transportation services provided by the parties or (ii) a dispute between 2 Service Boards with respect to coordination of service, route duplication, or a change in service. Any Service Board or transportation agency involved in such dispute shall meet with the Executive Director, cooperate in good faith to attempt to resolve the dispute, and provide any books, records, and other information requested by the Executive Director. If the Executive Director is unable to mediate a resolution of any dispute, he or she may provide a written determination recommending a change in the fares or charges or the allocation of revenues for such service or directing a change in the nature or provider of service that is the subject of the dispute. The Executive Director shall base such determination upon the goals and objectives of the Strategic Plan established pursuant to Section 2.01a(b). Such determination shall be presented to the Board of the Authority and, if approved by the affirmative vote of at least 9 of the then Directors of the Authority, shall be final and shall be implemented by any affected Service Board and transportation agency within the time frame required by the determination.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.13) (from Ch. 111 2/3, par. 702.13)
Sec. 2.13. (a) The Authority may take and acquire possession by eminent domain of
any property or interest in property which the Authority is authorized to
acquire under this Act. The power of eminent domain may be exercised by
ordinance of the Authority, and shall extend to all types of interests in
property, both real and personal (including without limitation easements
for access purposes to and rights of concurrent usage of existing or
planned public transportation facilities), whether or not the property is
public property or is devoted to public use and whether or not the property
is owned or held by a public transportation agency, except as specifically
limited by this Act.
(b) The Authority shall exercise the power of eminent domain granted in
this Section in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act, except that the Authority may not exercise the authority
provided in Article 20 of the Eminent Domain Act (quick-take procedure)
providing for immediate
possession in such proceedings, and except that those provisions of Section 10-5-10 of the Eminent Domain Act requiring prior approval of the
Illinois Commerce Commission
in certain instances shall apply to eminent domain proceedings by the
Authority only as to any taking or damaging by the Authority of any real
property of a railroad not used for public transportation or of any real
property of other public utilities.
(c) The Authority may exercise the right of eminent domain to acquire
public property only upon the concurrence of 2/3 of the then Directors. In
any proceeding for the taking of public property by the Authority through
the exercise of the power of eminent domain the venue shall be in the
Circuit Court of the county in which the property is located. The right of
eminent domain may be exercised over property used for public park
purposes, for State Forest purposes or for forest preserve purposes only
upon a written finding adopted by concurrence of 2/3 of the then Directors,
after public hearing and a written study done for the Authority, that such
taking is necessary to accomplish the purposes of this Act, that no
feasible alternatives to such taking exist, and that the advantages to the
public from such taking exceed the disadvantages to the public of doing so.
In any proceeding for the exercise of the right of eminent domain for the
taking by the Authority of property used for public park, State forest, or
forest preserve purposes, the court shall not order the taking of such
property unless it has reviewed and concurred in the findings required of
the Authority by this paragraph. No property dedicated as a nature
preserve pursuant to the "Illinois Natural Areas Preservation Act",
as now or hereafter amended, may be
acquired in eminent domain by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 3615/2.13a)
Sec. 2.13a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
Sec. 2.14. Appointment of Officers and Employees. The Authority may appoint,
retain and employ officers, attorneys, agents, engineers and employees.
The officers shall include an Executive Director, who shall be the chief
executive officer of the Authority, appointed by the Chairman with the concurrence
of 11
of the other then Directors of the Board. The Executive Director
shall organize the staff of the Authority, shall
allocate their functions and duties, shall transfer such staff to the
Suburban Bus Division and the Commuter Rail
Division as is sufficient to meet their purposes, shall fix compensation
and conditions of employment of the staff of the Authority, and consistent
with the policies of and direction from the Board, take all actions
necessary to achieve its purposes, fulfill
its responsibilities and carry out its powers, and shall have such other
powers and responsibilities as the Board shall determine. The Executive
Director must be an individual
of proven transportation and management skills and may not be a member of
the Board. The Authority may employ its own professional
management personnel to provide professional and technical expertise concerning
its purposes and powers and to assist it in assessing the performance of the
Service Boards in the metropolitan region.
No employee, officer, or agent of the Authority may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Board for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section does not apply to usual and customary salary adjustments.
No unlawful discrimination, as defined and prohibited in the Illinois Human
Rights Act, shall be made in any term or aspect of employment
nor shall there be discrimination based upon political reasons or
factors. The Authority shall establish regulations to insure that its
discharges shall not be arbitrary and that hiring and promotion are
based on merit.
The Authority shall be subject to the "Illinois Human Rights
Act", as now or hereafter amended, and the remedies and procedure
established thereunder. The Authority shall file an affirmative action
program for employment by it with the Department of Human Rights to ensure
that applicants are
employed and that employees are treated during employment, without
regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.15) (from Ch. 111 2/3, par. 702.15)
Sec. 2.15.
Policy With Respect to Protective Arrangements, Collective Bargaining and
Labor Relations.
It is the intent of this Act that:
(a) The Authority shall insure that every employee of the Authority and
every employee of a Service Board or transportation agency shall receive
fair and equitable
protection against actions of the Authority which shall not be less than
those established pursuant to Section 13 (c) of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. Sec. 1609 (c), and
Section 405 (b) of the Rail Passenger Service Act of 1970, as amended (45
U.S.C. Sec. 565 (b), and as prescribed by the United States Secretary of
Labor thereunder, at the time of the protective agreement or arbitration
decision providing protection.
(b) There shall be no limitation on freedom of association among
employees of the Authority nor any denial of the right of employees to join
or support a labor organization and to bargain collectively through
representatives of their own choosing.
(c) The Authority and the duly accredited representatives of employees
shall have the obligation to bargain collectively in good faith, and the
Authority shall have the power and duty to enter into written collective
bargaining agreements with such representatives.
(Source: P.A. 83-886.)
(70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
Sec. 2.16.
Employee Protection.
(a) The Authority shall insure that every employee of the Authority or
of a Service Board or transportation agency shall receive
fair and equitable protection
against actions of the Authority which shall not be less than those
established pursuant to Section 13(c) of the Urban Mass Transportation Act
of 1964, as amended (49 U.S.C. Sec. 1609(c)), and Section 405(b) of the
Rail Passenger Service Act of 1970, as amended (45 U.S.C. Sec. 565(b)),
and as prescribed by the United States Secretary of Labor thereunder, at
the time of the protective agreement or arbitration decision providing
protection.
(b) The Authority shall negotiate or arrange for the negotiation of such
fair and equitable employee arrangements with the employees, through their
accredited representatives authorized to act for them. If agreement cannot
be reached on the terms of such protective arrangement, any party may
submit any matter in dispute to arbitration. In such arbitration, each
party shall have the right to select non-voting arbitration board members.
The impartial arbitrator will be selected by the American Arbitration
Association and appointed from a current listing of the membership of the
National Academy of Arbitrators, upon request of any party. The impartial
arbitrator's decision shall be final and binding on all parties. Each party
shall pay an equal proportionate share of the impartial arbitrator's fees
and expenses.
(c) For purposes of Sections 2.15 through 2.19, "actions of the
Authority" include its acquisition and operation of public transportation
facilities, the execution of purchase of service agreements and grant
contracts made under this Act and the coordination, reorganization,
combining, leasing, merging of operations or the expansion or curtailment
of public transportation service or facilities by the Authority, but does
not include a failure or refusal to enter into a purchase of service
agreement or grant contract.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 3615/2.17) (from Ch. 111 2/3, par. 702.17)
Sec. 2.17.
Employee Pensions.
The Authority may establish and maintain systems of pensions and
retirement benefits for such officers and employees of the Authority as may
be designated or described by ordinance of the Authority; may fix the
classifications therein; may take such steps as may be necessary to provide
that persons eligible for admission to such pension systems as officers and
employees of the Authority or of any transportation agency whose operations
are financed in whole or in part by the Authority, shall retain eligibility
for admission to or continued coverage and participation under Title II of
the federal Social Security Act, as amended, and the related provisions of
the Federal Insurance Contributions Act, as amended, or the federal
Railroad Retirement Act, as amended, and the related provisions of the
Railroad Retirement Tax Act, as amended, as the case may be; and may
provide in connection with such pension systems, a system of benefits
payable to the beneficiaries and dependents of any participant in such
pension systems after the death of such participant (whether accidental or
otherwise, whether occurring in the actual performance of duty or
otherwise, or both) subject to such exceptions, conditions, restrictions
and classifications as may be provided by ordinance of the Authority. Such
pension systems shall be financed or funded by such means and in such
manner as may be determined by the Authority to be economically feasible.
(Source: P.A. 78-3rd S.S.-5.)
(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
Sec. 2.18.
Labor Contracts.
(a) The Authority shall deal with and enter into written contracts with
employees of the Authority, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions, and pension or retirement provisions. Nothing in
this Act shall be construed, however, to permit hours of labor in excess of
those prohibited by law or to permit working conditions prohibited by law.
(b) Whenever the Authority acquires the public transportation facilities
of a transportation agency, either in proceeding by eminent domain or
otherwise, and operates such facilities, all employees actively engaged in
the operation thereof shall be transferred to and appointed as employees of
the Authority, subject to all the rights and benefits of Sections 2.15
through 2.19, and the Authority shall assume and observe all applicable
labor contracts and pension obligations. These employees shall be given
seniority credit and sick leave, vacation, insurance, and pension credits
in accordance with the records or labor agreements from the acquired
transportation system. Members and beneficiaries of any pension or
retirement system or other benefits established by the acquired
transportation system shall continue to have rights, privileges, benefits,
obligations and status with respect to such established system. The
Authority shall assume the obligations of any transportation system
acquired by it with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare and pension or retirement provisions for
these employees. The Authority and the employees, through their
representatives for collective bargaining purposes, shall take whatever
action may be necessary to have pension trust funds presently under the
joint control of such Transportation Agency and the participating employees
through their representatives transferred to the trust funds to be
established, maintained, and administered jointly by the Authority and the
participating employees through their representatives.
(c) Whenever the Authority shall take any of the actions specified in
Section 2.16 (c), it shall do so only after meeting the requirements of
Section 2.16, and in addition, whenever the Authority shall acquire and
operate the public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall do so only
in such manner as to insure the continued applicability to the railroad
employees affected thereby of the provisions of all federal statutes then
applicable to them and a continuation of their existing collective
bargaining agreements until the provisions of said agreements can be
re-negotiated by representatives of the Authority and the representatives
of said employees duly designated as such pursuant to the terms and
provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.);
provided, however, that nothing in this subsection shall prevent the
abandonment of such facilities, or the discontinuance of such operations
pursuant to applicable law, or the substitution of other operations or
facilities for such operations or facilities, whether by merger,
consolidation, coordination or otherwise. In the event new or supplemental
operations or facilities are substituted therefor, the provisions of
Section 2.19 shall be applicable, and all questions concerning the
selection of forces to perform the work of such new or supplemental
facilities or operations, and whether the Authority shall be required to
insure the continued applicability of the federal statutes applicable to
such employees shall be negotiated and, if necessary, arbitrated, in
accordance with the procedures set forth in subsection 2.19 (a).
(Source: P.A. 78-3rd S.S.-5.)
(70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
Sec. 2.18a. (a) The provisions of this Section apply to collective bargaining
agreements (including extensions and amendments to existing agreements)
between Service Boards or transportation agencies subject to the jurisdiction
of Service Boards and their employees, which are entered into after January 1, 1984.
(b) The Authority shall approve amended budgets prepared by Service Boards
which incorporate the costs of collective bargaining agreements between
Service Boards and their employees. The Authority shall approve such an
amended budget provided that it determines by the affirmative vote of 12
of its then members that the amended budget meets the standards established
in Section 4.11.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
Sec. 2.19.
Labor Relations Procedures.
(a) Whenever the Authority proposes to operate or to enter into a
contract to operate any new public transportation facility which may result
in the displacement of employees or the rearrangement of the working forces
of the Authority or of the Chicago Transit Authority or of any transportation
agency, the Authority shall give
at least 90 days written notice of such proposed operations to the
representatives of the employees affected and the Authority shall provide
for the selection of forces to perform the work of that facility on the
basis of agreement between the Authority and the representatives of such
employees. In the event of failure to agree, the dispute may be submitted
by the Authority or by any representative of the employees affected to
final and binding arbitration by an impartial arbitrator to be selected by
the American Arbitration Association from a current listing of arbitrators
of the National Academy of Arbitrators.
(b) In case of any labor dispute not otherwise governed by this Act, by
the Labor Management Relations Act, as amended, the Railway Labor Act, as
amended, or by impasse resolution provisions in a collective bargaining or
protective agreement involving the Authority, the Chicago Transit Authority
or any transportation agency
financed in whole or in part by the Authority and the employees of the
Authority or of the Chicago Transit Authority or any such transportation
agency, which is not settled by the
parties thereto within 30 days from the date of commencement of
negotiations, either party may request the assistance of a mediator
appointed by either the State or Federal Mediation and Conciliation
Service, who shall seek to resolve the dispute. In the event that the
dispute is not resolved by mediation within a reasonable period, the
mediator shall certify to the parties that an impasse exists. Upon receipt
of the mediator's certification, any party to the dispute may, within 7
days, submit the dispute to a fact finder who shall be selected by the
parties pursuant to the rules of the American Arbitration Association from
a current listing of members of the National Academy of Arbitrators
supplied by the AAA. The fact finder shall have the duty to hold hearings,
or otherwise take evidence from the parties under such other arrangements
as they may agree. Upon completion of the parties' submissions, the fact
finder shall have the power to issue and make public findings and
recommendations, or to refer the dispute back to the parties for such other
appropriate action as he may recommend. In the event that the parties do
not reach agreement after the issuance of the fact finder's report and
recommendations, or in cases where neither party requests fact finding, the
Authority shall offer to submit the dispute to arbitration by a board
composed of 3 persons, one appointed by the Authority, one appointed by the
labor organization representing the employees, and a third member to be
agreed upon by the labor organization and the Authority. The member agreed
upon by the labor organization and the Authority shall act as chairman of
the board. The determination of the majority of the board of arbitration
thus established shall be final and binding on all matters in dispute. If,
after a period of 10 days from the date of the appointment of the two
arbitrators representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator may request
the American Arbitration Association to furnish from a current listing of
the membership of the National Academy of Arbitrators the names of 7 such
members of the National Academy from which the third arbitrator shall be
selected. The arbitrators appointed by the Authority and the labor
organization, promptly after the receipt of such list, shall determine by
lot the order of elimination, and thereafter each shall in that order
alternately eliminate one name until only one name remains. The remaining
person on the list shall be the third arbitrator. The term "labor dispute"
shall be broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions, or benefits, including health
and welfare, sick leave, insurance, or pension or retirement provisions,
but not limited thereto, and including any controversy concerning any
differences or questions that may arise between the parties including but
not limited to the making or maintaining of collective bargaining
agreements, the terms to be included in such agreements, and the
interpretation or application of such collective bargaining agreements and
any grievance that may arise. Each party shall pay one-half of the expenses
of such arbitration.
(Source: P.A. 83-886.)
(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20. General Powers.
(a) Except as otherwise limited by this Act,
the Authority shall
also have all powers necessary to meet its responsibilities and to carry
out its purposes, including, but not limited to, the following powers:
The Authority may enter into arbitration arrangements, which
may be final and binding.
The Commuter Rail
Board shall continue the separate public corporation, known as the
Northeast Illinois Regional Commuter Railroad Corporation, as a
separate operating unit to operate on behalf of the Commuter Rail Board
commuter
railroad facilities, subject at all times to the supervision and
direction of the Commuter Rail Board and may, by ordinance,
dissolve such
Corporation. Such Corporation shall be governed by a Board of Directors
which shall consist of the members of the Transition Board until such
time as all of the members of the Commuter Rail Board are appointed and
qualified and thereafter the members of the Commuter Rail Board. Such
Corporation shall have all the powers given the Authority and the Commuter
Rail Board under Article
II of this Act (other than under Section 2.13) as are delegated to it by
ordinance of the Commuter Rail Board with regard
to such operation of
facilities and the same exemptions, restrictions and limitations as are
provided by law with regard to the Authority shall apply to such
Corporation. Such Corporation shall be a transportation agency as
provided in this Act except for purposes of paragraph (e) of Section
3.01 of this Act.
The Authority shall cooperate with the
Illinois Commerce Commission and local law enforcement agencies in establishing
a two year pilot program in DuPage County to determine the effectiveness of an
automated
railroad grade crossing enforcement system.
(b) In each case in which this Act gives the Authority the power to
construct or acquire real or personal property, the Authority shall have
the power to acquire such property by contract, purchase, gift, grant,
exchange for other property or rights in property, lease (or sublease)
or installment or conditional purchase contracts, which leases or
contracts may provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property may be
acquired subject to such conditions, restrictions, liens, or security or
other interests of other parties as the Authority may deem appropriate,
and in each case the Authority may acquire a joint, leasehold, easement,
license or other partial interest in such property. Any such acquisition
may provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or liabilities
of the seller, lessor, donor or other transferor of or of the trustee
with regard to such property. In connection with the acquisition of
public transportation equipment, including, but not limited to, rolling
stock, vehicles, locomotives, buses or rapid transit equipment, the
Authority may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements and such
other security agreements and may make such agreements and covenants as
required, in the form customarily used in such cases appropriate to
effect such acquisition. Obligations of the Authority incurred pursuant
to this Section shall not be considered bonds or notes within the
meaning of Section 4.04 of this Act.
(c) The Authority shall assume all costs of rights, benefits and
protective conditions to which any employee is entitled under this Act
from any transportation agency in the event of the inability of the
transportation agency to meet its obligations in relation thereto due to
bankruptcy or insolvency, provided that the Authority shall retain the
right to proceed against the bankrupt or insolvent transportation agency
or its successors, trustees, assigns or debtors for the costs assumed.
The Authority may mitigate its liability under this paragraph (c) and
under Section 2.16 to the extent of employment and employment benefits
which it tenders.
(Source: P.A. 97-333, eff. 8-12-11.)
(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)
Sec. 2.21.
(a) The Authority or the Commuter Rail Board may not in
the exercise of its powers to provide effective public transportation as
provided by this Act:
(b) If in connection with any construction, acquisition, or other
activity undertaken by or for the Authority or a Service Board, or
pursuant to any purchase of
service or grant agreement with the Authority or a Service Board, any
facility of a public
utility (as defined in the Public Utilities Act), is removed or relocated from its then-existing site
all costs and expenses of such relocation or removal, including the cost of
installing such facilities in a new location or locations, and the cost of
any land or lands, or interest in land, or any rights required to
accomplish such relocation or removal, shall be paid by the Authority or
a Service Board. If
any such facilities are so relocated onto the properties of the Authority
or the Service Board
or onto properties made available for that purpose by the Authority or
the Service Board, there
shall be no rent, fee, or other charge of any kind imposed upon the public
utility owning or operating such facilities in excess of that imposed prior
to such relocation and such public utility, and its successors and assigns,
shall be granted the right to operate such facilities in the new location
or locations for as long a period and upon the same terms and conditions as
it had the right to maintain and operate such facilities in their former
location. Nothing in this paragraph (b) shall prevent the Authority or
the Service Board and a
transportation agency from agreeing in a purchase of service agreement or
otherwise to make different arrangements for such relocations or the costs
thereof.
(Source: P.A. 100-863, eff. 8-14-18.)
(70 ILCS 3615/2.22) (from Ch. 111 2/3, par. 702.22)
Sec. 2.22.
It is the policy of this State that all powers granted, either expressly
or by necessary implication, by this Act or any other Illinois statute to
the Authority may be exercised by the
Authority notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to the Authority to the extent
its activities are authorized by law as stated herein.
(Source: P.A. 83-929.)
(70 ILCS 3615/2.23) (from Ch. 111 2/3, par. 702.23)
Sec. 2.23.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24)
Sec. 2.24.
Drug and alcohol testing.
The
Regional Transportation Authority,
and all of the Service Boards subject to the Authority, including the
Chicago Transportation Authority, shall be responsible for the
establishment, maintenance, administration and enforcement of a
comprehensive drug and alcohol testing program which is in absolute
conformity with
Federal statutes and regulations currently in effect.
(Source: P.A. 88-619, eff. 1-1-95.)
(70 ILCS 3615/2.30)
Sec. 2.30. Paratransit services.
(a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations.
(b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c).
(c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 12
of the then Directors. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to:
(d) All revisions and annual updates to the ADA paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmative votes of 12
of the then Directors.
(e) The Illinois Department of Transportation, the Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.
(f) By no later than April 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require the affirmative votes of 12
of the then Directors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.
(g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.
(h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.31)
Sec. 2.31. Disadvantaged Business Enterprise Contracting and Equal Employment Opportunity Programs. The Authority and each Service Board shall, as soon as is practicable but in no event later than two years after the effective date of this amendatory Act of the 95th General Assembly, establish and maintain a disadvantaged business enterprise contracting program designed to ensure non-discrimination in the award and administration of contracts not covered under a federally mandated disadvantaged business enterprise program. The program shall establish narrowly tailored goals for the participation of disadvantaged business enterprises as the Authority and each Service Board determines appropriate. The goals shall be based on demonstrable evidence of the availability of ready, willing, and able disadvantaged business enterprises relative to all businesses ready, willing, and able to participate on the program's contracts. The program shall require the Authority and each Service Board to monitor the progress of the contractors' obligations with respect to the program's goals. Nothing in this program shall conflict with or interfere with the maintenance or operation of, or compliance with, any federally mandated disadvantaged business enterprise program.
The Authority and each Service Board shall establish and maintain a program designed to promote equal employment opportunity. Each year, no later than October 1, the Authority and each Service Board shall report to the General Assembly on the number of their respective employees and the number of their respective employees who have designated themselves as members of a minority group and gender.
Each year no later than October 1, and starting no later than the October 1 after the establishment of their disadvantaged business enterprise contracting programs, the Authority and each Service Board shall submit a report with respect to such program to the General Assembly. In addition, each year no later than October 1, the Authority and each Service Board shall submit a copy of its federally mandated semi-annual Uniform Report of Disadvantaged Business Enterprises Awards or Commitments and Payments to the General Assembly.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.32)
Sec. 2.32. Clean/green vehicles. Any vehicles purchased from funds made available to the Authority from the Transportation Bond, Series B Fund or the Multi-modal Transportation Bond Fund must incorporate clean/green technologies and alternative fuel technologies, to the extent practical.
(Source: P.A. 101-30, eff. 6-28-19.)
(70 ILCS 3615/2.35)
Sec. 2.35. Vehicle arrival information. By July 1, 2012, all Service Boards must make available web-based, real-time vehicle arrival information for use by riders for all fixed-route public transportation services. The Authority shall have access to all universally acceptable data feeds for vehicle arrival information.
(Source: P.A. 97-85, eff. 7-7-11.)
(70 ILCS 3615/2.37)
Sec. 2.37. Wireless Internet study. By January 1, 2012, the Authority must prepare and submit a report to the Governor and General Assembly regarding the feasibility of providing wireless Internet services on all fixed-route public transportation services.
(Source: P.A. 97-85, eff. 7-7-11; 97-813, eff. 7-13-12.)
(70 ILCS 3615/2.38)
Sec. 2.38. Universal fare instrument for persons age 65 and over. No later than 120 days after January 1, 2012 (the effective date of Public Act 97-271), the Authority must develop and make available for use by riders age 65 and over a universal fare instrument that may be used interchangeably on all public transportation funded by the Authority, except for ADA paratransit services.
(Source: P.A. 97-271, eff. 1-1-12; 97-813, eff. 7-13-12.)
(70 ILCS 3615/2.39)
Sec. 2.39. Prioritization process for Northeastern Illinois transit projects.
(a) The Authority shall develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. The prioritization process must consider, at a minimum: (1) access to key destinations such as jobs, retail, healthcare, and recreation, (2) reliability improvement, (3) capacity needs, (4) safety, (5) state of good repair, (6) racial equity and mobility justice, and (7) economic development. All State capital funding awards shall be made by the Regional Transportation Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing the prioritization process and its use in funding awards.
(b) A summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects shall be published on the Authority's website in a timely manner.
(c) Starting April 1, 2022, no project shall be included in the 5-year capital program, or amendments to that program, without being evaluated under the selection process described in this Section.
(Source: P.A. 102-573, eff. 8-24-21.)