(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.)
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