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| Public Act 102-0313 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Aeronautics Act is amended by | ||||
changing Sections 34, 34a, and 38.01 as follows:
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(620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
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Sec. 34. Financial assistance to municipalities and | ||||
others. The Department, subject to the provisions of Section | ||||
41 of this Act,
may render financial assistance in the | ||||
planning, construction, reconstruction,
extension, | ||||
development, and improvement of air navigation facilities
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including acquisition of land, rights in land, easements | ||||
including
avigation easements necessary for clear zones or | ||||
clear areas, costs of
obstruction removal and airport approach | ||||
aids owned, controlled, or
operated, or to be owned, | ||||
controlled, or operated by municipalities,
other political | ||||
subdivisions of this State, or privately owned commercially
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operated airports in Illinois, out of appropriations made by
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the General Assembly for any such purpose.
The
Department | ||||
shall not render such financial assistance in connection with
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the planning, construction, reconstruction, extension, | ||||
development or
improvement of
hangars or other airport | ||||
buildings, or in connection with the subsequent
operation or | ||||
maintenance of such air navigation facilities unless such | ||
facilities are for public use, publicly owned, and of public | ||
benefit. As used in this Section, "of public benefit" includes | ||
aircraft hangars, fixed-based operator buildings, and aircraft | ||
maintenance buildings at nonprimary airports included within | ||
the State Airport Plan. The municipality, other political | ||
subdivision, or
privately owned commercially operated airports | ||
in Illinois,
to which such financial assistance is being | ||
extended by the Department,
before such financial assistance | ||
is given, shall satisfy the Department
that (a) such air | ||
navigation facility will be owned or effectively
controlled, | ||
operated, repaired and maintained adequately during its full
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useful life, for the benefit of the public, and (b) in | ||
connection with
the operation of such air navigation facility, | ||
during its full useful
life, the public will not be deprived of | ||
its rightful, fair, equal and
uniform use thereof. The owners | ||
and operators of an airport receiving
financial assistance | ||
under
this Act must adequately control, operate, repair, and | ||
maintain the airport
during its full useful life for the | ||
benefit of the public. The owners and
operators of an airport | ||
receiving financial assistance must ensure that the
public | ||
will not be deprived of its rightful, fair, equal, and uniform | ||
use of
the airport during its full useful life. For the | ||
purposes of this paragraph,
the full useful life of an airport | ||
is not less than 20 years after the
financial assistance is | ||
received by the owners and operators of the airport.
Nothing | ||
in this Section, however,
imposes any obligation
that is | ||
inconsistent with any judgment, order, injunction, or decree
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of any court that
was rendered before the effective date of | ||
this amendatory Act of the 92nd
General Assembly.
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Any commercial airport, in order to qualify under the | ||
provisions of this
Section must be included in the State | ||
Airport Plan as prepared or revised
from time to time by the | ||
Illinois Department of Transportation. In the
case of | ||
commercial public use airports which are not publicly owned | ||
airports,
no such development or planning may be proposed | ||
except in connection with
reliever airports included in the | ||
current National Airport System Plan.
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Improvements to privately owned commercial airports | ||
qualifying under this
Section shall be contracted for and | ||
constructed or developed under the
supervision
or direction of | ||
the Department or such other Department, agency, officer
or | ||
employee of this State as the Department may designate.
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If a privately owned commercially operated airport | ||
receives assistance
under this Section and ceases operations | ||
before the predetermined life of
the improvements made with | ||
such assistance, the State shall be reimbursed for
the unused
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portion of such predetermined life and such claim shall be a | ||
lien on the
airport property.
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(Source: P.A. 92-341, eff. 8-10-01.)
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(620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)
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Sec. 34a.
Financial assistance under Section 34 may also | ||
include reimbursement
to eligible airport sponsors for the | ||
construction or upgrading of Automated Weather Observation | ||
Systems (AWOS) financed in whole or in part by State monies. | ||
Costs of constructing or upgrading Automated Weather | ||
Observation Systems prior to the effective date of this | ||
amendatory Act of the 98th General Assembly are eligible for | ||
State reimbursements provided that all required State | ||
procedures were followed at the time the project was approved | ||
by the Department. Financial assistance under Section 34 may | ||
also include reimbursements to eligible airport sponsors for | ||
land acquisition costs directly related
to projects financed | ||
either in whole or in part by federal and State monies,
and for | ||
engineering and construction costs directly related to | ||
projects financed in whole
or in part by State monies; | ||
provided, (1) such engineering, construction, or land | ||
acquisition
costs were approved by the Department prior to the | ||
payment of these costs
by the airport sponsor, (2) no State or | ||
federal monies have previously
been expended for such purposes | ||
on such projects, and (3) no State monies
shall be expended as | ||
reimbursement on any project for engineering or land
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acquisition unless construction costs for that project are | ||
funded by the
State. Approval of engineering, construction, or | ||
land acquisition costs by the Department
prior to the payment | ||
of such costs by
an airport sponsor shall qualify those costs | ||
for State reimbursement but
shall not constitute an obligation | ||
of State funds in consideration of available appropriation and | ||
eligibility of appropriation. Costs of land acquisition
by | ||
airport sponsors prior to the effective date of this | ||
amendatory act
of 1982 are qualified for State reimbursement | ||
provided all federal and State
procedures were followed at the | ||
time of acquisition.
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(Source: P.A. 98-215, eff. 8-9-13.)
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(620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
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Sec. 38.01. Project applications.
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(a) No municipality or political subdivision in this State | ||
state, whether
acting alone or jointly with another | ||
municipality or political subdivision
or with the State state, | ||
shall submit any project application under the provisions of
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the Airport and Airway Improvement Act of
1982, or any | ||
amendment
thereof, unless the project and the project | ||
application have been first
approved by the Department. Except | ||
as provided in subsections (b) or (c) below, no No such | ||
municipality or political subdivision
shall directly accept, | ||
receive, or disburse any funds granted
by the United States | ||
under the Airport and Airway Improvement Act of 1982,
but it | ||
shall designate the Department as its agent to accept,
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receive, and disburse such funds, provided further, however, | ||
nothing
in this Section shall be construed to prohibit the | ||
following: | ||
(1) Any any municipality or any
political subdivision | ||
of more than 500,000 inhabitants from disbursing
such | ||
funds through its corporate authorities. | ||
(2) Any municipality or any political subdivision | ||
owning a primary commercial service airport serving at | ||
least 10,000 annual enplanements from accepting, | ||
receiving, or disbursing funds directly from the federal | ||
government. | ||
It shall enter into an
agreement with the Department | ||
prescribing the terms and conditions of
such agency in | ||
accordance with federal laws, rules and regulations and
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applicable laws of this State state.
This
subsection (a) does | ||
not apply to any project application submitted in
connection | ||
with the O'Hare
Modernization Program as defined in Section 10 | ||
of the O'Hare Modernization Act, with O'Hare International | ||
Airport, or with Midway International Airport.
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(b) The City of Chicago may submit a project
application
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under the provisions of the Airport and Airway Improvement Act | ||
of 1982,
as now or hereafter amended, or any other federal law | ||
providing for airport
planning or
development, if the | ||
application
is submitted in connection with (i) the O'Hare | ||
Modernization Program as defined in
Section 10 of
the O'Hare | ||
Modernization Act, (ii) O'Hare International Airport, or (iii) | ||
Midway International Airport; and the City may directly | ||
accept,
receive, and
disburse any such funds. | ||
(c) Any federal money awarded to airports in the State | ||
under the Airport and Airway Improvement Act of 1982, or any | ||
amendment thereof, that includes project applications approved | ||
by the Department where the Department is designated as the | ||
agent to accept, receive, and disburse such funds shall also | ||
include a State match to the local share of the application for | ||
all costs eligible under the Airport and Airway Improvement | ||
Act of 1982, or any amendment thereof, subject to the | ||
provisions of Section 34 and Section 41 of this Act and | ||
available eligible appropriation.
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(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)
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