Illinois General Assembly - Full Text of HB5554
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Full Text of HB5554  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Fred Crespo


605 ILCS 10/11  from Ch. 121, par. 100-11

    Amends the Toll Highway Act. Deletes language that requires the Illinois State Toll Highway Authority to construct and maintain at least one electric vehicle charging station at any location where the Authority has entered into an agreement with any entity for the purposes of providing motor fuel service stations and facilities, garages, stores, or restaurants. Deletes language that requires the Authority to charge a fee for the use of charging stations. Deletes language that requires the Authority to adopt rules to implement the creation, user fees, and maintenance of electric vehicle charging stations.

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HB5554LRB100 17645 LNS 32815 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Toll Highway Act is amended by changing
5Section 11 as follows:
6    (605 ILCS 10/11)  (from Ch. 121, par. 100-11)
7    Sec. 11. The Authority shall have power:
8    (a) To enter upon lands, waters and premises in the State
9for the purpose of making surveys, soundings, drillings and
10examinations as may be necessary, expedient or convenient for
11the purposes of this Act, and such entry shall not be deemed to
12be a trespass, nor shall an entry for such purpose be deemed an
13entry under any condemnation proceedings which may be then
14pending; provided, however, that the Authority shall make
15reimbursement for any actual damage resulting to such lands,
16waters and premises as the result of such activities.
17    (b) To construct, maintain and operate stations for the
18collection of tolls or charges upon and along any toll
20    (c) To provide for the collection of tolls and charges for
21the privilege of using the said toll highways. Before it adopts
22an increase in the rates for toll, the Authority shall hold a
23public hearing at which any person may appear, express



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1opinions, suggestions, or objections, or direct inquiries
2relating to the proposed increase. Any person may submit a
3written statement to the Authority at the hearing, whether
4appearing in person or not. The hearing shall be held in the
5county in which the proposed increase of the rates is to take
6place. The Authority shall give notice of the hearing by
7advertisement on 3 successive days at least 15 days prior to
8the date of the hearing in a daily newspaper of general
9circulation within the county within which the hearing is held.
10The notice shall state the date, time, and place of the
11hearing, shall contain a description of the proposed increase,
12and shall specify how interested persons may obtain copies of
13any reports, resolutions, or certificates describing the basis
14on which the proposed change, alteration, or modification was
15calculated. After consideration of any statements filed or oral
16opinions, suggestions, objections, or inquiries made at the
17hearing, the Authority may proceed to adopt the proposed
18increase of the rates for toll. No change or alteration in or
19modification of the rates for toll shall be effective unless at
20least 30 days prior to the effective date of such rates notice
21thereof shall be given to the public by publication in a
22newspaper of general circulation, and such notice, or notices,
23thereof shall be posted and publicly displayed at each and
24every toll station upon or along said toll highways.
25    (d) To construct, at the Authority's discretion, grade
26separations at intersections with any railroads, waterways,



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1street railways, streets, thoroughfares, public roads or
2highways intersected by the said toll highways, and to change
3and adjust the lines and grades thereof so as to accommodate
4the same to the design of such grade separation and to
5construct interchange improvements. The Authority is
6authorized to provide such grade separations or interchange
7improvements at its own cost or to enter into contracts or
8agreements with reference to division of cost therefor with any
9municipality or political subdivision of the State of Illinois,
10or with the Federal Government, or any agency thereof, or with
11any corporation, individual, firm, person or association.
12Where such structures have been or will be built by the
13Authority, the local highway agency or municipality with
14jurisdiction shall enter into an agreement with the Authority
15for the ongoing maintenance of the structures..
16    (e) To contract with and grant concessions to or lease or
17license to any person, partnership, firm, association or
18corporation so desiring the use of any part of any toll
19highways, excluding the paved portion thereof, but including
20the right of way adjoining, under, or over said paved portion
21for the placing of telephone, telegraph, electric, power lines
22and other utilities, and for the placing of pipe lines, and to
23enter into operating agreements with or to contract with and
24grant concessions to or to lease to any person, partnership,
25firm, association or corporation so desiring the use of any
26part of the toll highways, excluding the paved portion thereof,



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1but including the right of way adjoining, or over said paved
2portion for motor fuel service stations and facilities,
3garages, stores and restaurants, or for any other lawful
4purpose, and to fix the terms, conditions, rents, rates and
5charges for such use.
6    By January 1, 2016, the Authority shall construct and
7maintain at least one electric vehicle charging station at any
8location where the Authority has entered into an agreement with
9any entity pursuant to this subsection (e) for the purposes of
10providing motor fuel service stations and facilities, garages,
11stores, or restaurants. The Authority shall charge a fee for
12the use of these charging stations to offset the costs of
13constructing and maintaining these charging stations. The
14Authority shall adopt rules to implement the erection, user
15fees, and maintenance of electric vehicle charging stations
16pursuant to this subsection (e).
17    The Authority shall also have power to establish reasonable
18regulations for the installation, construction, maintenance,
19repair, renewal, relocation and removal of pipes, mains,
20conduits, cables, wires, towers, poles and other equipment and
21appliances (herein called public utilities) of any public
22utility as defined in the Public Utilities Act along, over or
23under any toll road project. Whenever the Authority shall
24determine that it is necessary that any such public utility
25facilities which now are located in, on, along, over or under
26any project or projects be relocated or removed entirely from



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1any such project or projects, the public utility owning or
2operating such facilities shall relocate or remove the same in
3accordance with the order of the Authority. All costs and
4expenses of such relocation or removal, including the cost of
5installing such facilities in a new location or locations, and
6the cost of any land or lands, or interest in land, or any
7other rights required to accomplish such relocation or removal
8shall be ascertained and paid by the Authority as a part of the
9cost of any such project or projects, and further, there shall
10be no rent, fee or other charge of any kind imposed upon the
11public utility owning or operating any facilities ordered
12relocated on the properties of the said Authority and the said
13Authority shall grant to the said public utility owning or
14operating said facilities and its successors and assigns the
15right to operate the same in the new location or locations for
16as long a period and upon the same terms and conditions as it
17had the right to maintain and operate such facilities in their
18former location or locations.
19    (f) To enter into an intergovernmental agreement or
20contract with a unit of local government or other public or
21private entity for the collection, enforcement, and
22administration of tolls, fees, revenue, and violations.
23    The General Assembly finds that electronic toll collection
24systems in Illinois should be standardized to promote safety,
25efficiency, and traveler convenience. The Authority shall
26cooperate with other public and private entities to further the



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1goal of standardized toll collection in Illinois and is
2authorized to provide toll collection and toll violation
3enforcement services to such entities when doing so is in the
4best interest of the Authority and consistent with its
5obligations under Section 23 of this Act.
6(Source: P.A. 100-71, eff. 1-1-18.)