(605 ILCS 10/11) (from Ch. 121, par. 100-11)
Sec. 11. The Authority shall have power:
(a) To enter upon lands, waters and premises in the State for the
purpose of making surveys, soundings, drillings and examinations as may be
necessary, expedient or convenient for the purposes of this Act, and such
entry shall not be deemed to be a trespass, nor shall an entry for such
purpose be deemed an entry under any condemnation proceedings which may be
then pending; provided, however, that the Authority shall make
reimbursement for any actual damage resulting to such lands, waters and
premises as the result of such activities.
(b) To construct, maintain and operate stations for the collection of
tolls or charges upon and along any toll highways.
(c) To provide for the collection of tolls and charges for the privilege
of using the said toll highways.
Before it adopts an increase in the
rates for toll, the Authority shall hold a public
hearing at which any person may appear, express opinions, suggestions, or
objections, or direct inquiries relating to the proposed increase.
Any person may submit a written statement to the Authority at
the hearing, whether appearing in person or not. The hearing shall be held in
the county in which the proposed
increase of the rates is to take place. The
Authority shall give notice of the hearing by advertisement on
3 successive days at least 15 days prior to the date of the hearing in a daily
newspaper of general circulation within the county within which the
hearing is held.
The notice shall state the date, time, and place of the hearing, shall contain
a description of the proposed increase, and shall
specify how interested persons may obtain copies of any reports, resolutions,
or certificates describing the basis on which the proposed change, alteration,
or modification was calculated. After consideration of any statements filed or
oral opinions, suggestions, objections, or inquiries made at the hearing, the
Authority may proceed to adopt the proposed increase
of the rates for toll. No change or alteration in or modification
of the rates for toll shall be effective unless at least 30 days
prior to the effective date of such rates notice thereof
shall be given to
the public by publication in a newspaper of general circulation, and such
notice, or notices, thereof shall be posted and publicly displayed at each
and every toll station upon or along said toll highways.
(d) To construct, at the Authority's discretion, grade separations
at intersections with any railroads, waterways, street railways, streets,
thoroughfares, public roads or highways intersected by the said toll
highways, and to change and adjust the lines and grades thereof so as to
accommodate the same to the design of such grade separation and to
construct interchange improvements. The Authority is authorized to provide
such grade separations or interchange improvements at its own cost or to
enter into contracts or agreements with reference to division of cost
therefor with any municipality or political subdivision of the State of
Illinois, or with the Federal Government, or any agency thereof, or with
any corporation, individual, firm, person or association. Where such
structures have been or will be built by the Authority, the local highway agency or municipality with jurisdiction shall enter into an agreement with the Authority for the ongoing maintenance of the structures.
(e) To contract with and grant concessions to or lease or license to any
person, partnership, firm, association or corporation so desiring the use
of any part of any toll highways, excluding the paved portion thereof, but
including the right of way adjoining, under, or over said paved portion for
the placing of telephone, telegraph, electric, power lines and other
utilities, and for the placing of pipe lines, and to enter into operating
agreements with or to contract with and grant concessions to or to lease to
any person, partnership, firm, association or corporation so desiring the
use of any part of the toll highways, excluding the paved portion thereof,
but including the right of way adjoining, or over said paved portion for
motor fuel service stations and facilities, garages, stores and
restaurants, or for any other lawful purpose, and to fix the terms,
conditions, rents, rates and charges for such use.
By January 1, 2016, the Authority shall construct and
maintain at least one electric vehicle charging station at any location where the Authority has entered into an agreement with any entity pursuant to this subsection (e) for the purposes of providing motor fuel service stations and facilities, garages, stores, or
restaurants. The Authority shall charge a fee for the use of these charging stations to offset the costs of constructing and maintaining these charging stations. The Authority shall
adopt rules to implement the erection, user fees, and maintenance of electric vehicle charging stations pursuant to this subsection (e). The Authority shall also have power to establish reasonable regulations
for the installation, construction, maintenance, repair, renewal,
relocation and removal of pipes, mains, conduits, cables, wires, towers,
poles and other equipment and appliances (herein called public utilities)
of any public utility as defined in the Public Utilities Act along,
over or under any toll road project. Whenever the Authority shall determine
that it is necessary that any such public utility facilities which now are
located in, on, along, over or under any project or projects be relocated
or removed entirely from any such project or projects, the public utility
owning or operating such facilities shall relocate or remove the same in
accordance with the order of the Authority. 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 other rights required to accomplish such relocation or
removal shall be ascertained and paid by the Authority as a part of the
cost of any such project or projects, and further, there shall be no rent,
fee or other charge of any kind imposed upon the public utility owning or
operating any facilities ordered relocated on the properties of the said
Authority and the said Authority shall grant to the said public utility
owning or operating said facilities and its successors and assigns the
right to operate the same 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 or locations.
(f) To enter into an intergovernmental agreement or contract with a unit of local government or other
public or private entity for the collection, enforcement, and administration
of tolls,
fees, revenue, and violations, including for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Authority shall cooperate with other public and private entities to further the goal of standardized toll collection in Illinois and is authorized to provide toll collection and toll violation enforcement services to such entities when doing so is in the best interest of the Authority and consistent with its obligations under Section 23 of this Act.
(Source: P.A. 100-71, eff. 1-1-18; 101-398, eff. 8-16-19.)
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