SB2527eng 99TH GENERAL ASSEMBLY

SB2527 Engrossed LRB099 16376 AWJ 40708 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-300 and adding Section 2705-615 as follows:

(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, but not limited to: .

(a) to the extent required by Fixing America's Surface Transportation Act ("FAST Act"), Section 5329 of 49 U.S.C. and 49 CFR Part 674, developing, adopting, and implementing a system safety program standard meeting the compliance requirements of Section 5329 of 49 U.S.C. for the safety of planned, under construction, or in revenue operation rail fixed guideway systems and the personal security of the systems' passengers and employees;

(b) in accordance with the FAST Act, establishing procedures to regulate, investigate, inspect, audit, and enforce all other necessary and incidental functions related to the effectuation of the FAST Act, or other federal law pertaining to public transportation oversight; and

(c) requiring the local mass transit districts, the Regional Transportation Authority, St. Clair County Transit District, and applicable Service Boards to comply with the requirements of Section 5329 of 49 U.S.C. as now or hereafter amended. The Department may contract for the services of a qualified consultant to comply with this subsection.

(d) The security portion of the system safety program, including, without limitation, 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.

(e) Except for willful or wanton conduct, the Department and its employees, and any local mass transit district, the Regional Transportation Authority, St. Clair County Transit District, or any Service Board subject to this Section, or their respective directors, officers, or employees, shall not 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 acts or omissions or failures to act under this Section or pursuant to the FAST Act 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.

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

(20 ILCS 2705/2705-615 new)

Sec. 2705-615. FAST Act. The Department shall develop, adopt, and implement a system safety program standard and establish procedures to comply with the federal Fixing America's Surface Transportation Act ("FAST Act") as required under paragraph (7) of Section 2705-300 of the Department of Transportation Law of the Civil Administrative Code of Illinois.

Pursuant to 49 CFR 659, the St. Clair County Transit District and the Department shall have concurrent rail transit safety oversight authority for MetroLink until December 31, 2016. Thereafter, the Department shall have rail transit safety oversight authority in the State of Illinois for MetroLink.

Section 10. The Bi-State Transit Safety Act is amended by adding Section 100 as follows:

(45 ILCS 111/100 new)

Sec. 100. Repeal. This Act is repealed on December 31, 2016.

Section 15. The Regional Transportation Authority Act is amended by changing Section 2.11 as follows:

(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). To the extent required by 49 CFR Part 659 as now or hereafter amended, the Authority shall develop and adopt a system safety program standard for the safety of rail fixed guideway systems and the personal security of the systems' passengers and employees and shall establish procedures for safety and security reviews, investigations, and oversight reporting. The Authority shall require the applicable Service Boards to comply with the requirements of 49 CFR Part 659 as now or hereafter amended. The Authority may contract for the services of a qualified consultant to comply with this subsection.

(c) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Department of Transportation or 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, nor a local mass transit district 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 the federal Fixing America's Surface Transportation Act 49 CFR Part 659 as now or hereafter amended.

(e) The Authority shall comply with all requirements of Section 5329 of 79 U.S.C. as required by the Department of Transportation under paragraph (7) of Section 2705-300 of the Department of Transportation Law of the Civil Administrative Code of Illinois.

(Source: P.A. 90-273, eff. 7-30-97.)