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91_HB3387 LRB9112486DHmb 1 AN ACT to amend the Toll Highway Act by changing Sections 2 14, 14.1, and 14.2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Toll Highway Act is amended by changing 6 Sections 14, 14.1, and 14.2 as follows: 7 (605 ILCS 10/14) (from Ch. 121, par. 100-14) 8 Sec. 14. (a) The Authority shall, prior to the 9 commencement of any engineering and traffic study or studies 10 to determine the feasibility of constructing additional toll 11 highways within the State of Illinois, submit to the Governor 12 for his approval, the route, or routes, proposed for 13 additional toll highways together with an estimate of the 14 cost of the proposed study or studies. If the Governor shall 15 approve such proposed study or studies and the estimated cost 16 thereof, or shall fail to disapprove such proposed study or 17 studies and estimate of cost thereof, within 30 days after 18 receipt thereof, the Authority may, thereupon, proceed with 19 such study or studies. 20 (b) The Authority shall create a local advisory 21 committee of members from each county in which any portion of 22 an additional toll highway is proposed to be constructed. 23 The committee members shall be designated by township and 24 municipal governing bodies in proportion to the percentage of 25 corridor property situated within the unincorporated area of 26 a township and incorporated municipalities located in the 27 same township. No less than 50% of the members of this 28 committee shall be representatives of organized citizen 29 groups directly affected by the proposed corridor. All 30 meetings shall be held in compliance with the Open Meetings 31 Act. The committee shall consider and advise the Authority -2- LRB9112486DHmb 1 with respect to the impact on property owners, land use, and 2 other impacts of the proposed highway. 3 (c) As part of any studies undertaken pursuant to 4 subsection (a) of this Section to determine the feasibility 5 of constructing an additional toll highway, the Authority 6 shall prepare an estimate of the amount of toll revenues that 7 are reasonably likely to be collected at toll booths located 8 on the additional toll highway within the time period over 9 which the Authority proposes to finance the construction of 10 the additional toll highway. The Authority shall not submit 11 preliminary plans or estimates of construction costs for 12 approval by the Governor, under Section 14.1, unless the 13 Authority shall first have determined that the total amount 14 of such toll revenues will, with reasonable likelihood, be 15 sufficient to defray at least 75% of the cost of the 16 additional toll highway. The Authority shall submit that 17 determination in writing to the Governor for his or her 18 approval at the same time it submits its preliminary plans 19 and estimate of costs under Section 14.1. The Authority 20 shall, at the same time, submit to the Governor for his or 21 her approval an analysis of whether and to what extent the 22 construction and financing of the particular toll highway 23 would require an increase in tolls on existing toll highways. 24 In preparing its estimate of tolls likely to be collected on 25 the additional toll highway, the Authority must employ 26 demographic and travel demand projections and methodologies 27 that are consistent with the projections and methodologies of 28 the officially designated land use and transportation 29 planning agencies for the region in which the additional toll 30 highway would be located. 31 (Source: P.A. 90-681, eff. 7-31-98.) 32 (605 ILCS 10/14.1) (from Ch. 121, par. 100-14.1) 33 Sec. 14.1. Submission of plans to the Governor. -3- LRB9112486DHmb 1 (a) The Authority shall, prior to the issuance of any 2 bonds under this Act, except refunding bonds, prepare and 3 submit to the Governor for his or her approval preliminary 4 plans showing the proposed location of the route or routes of 5 the particular toll highway for which the bonds are to be 6 issued, which plans shall designate the approximate point of 7 the commencement and the termination of said route or routes 8 and shall also designate the municipalities to be afforded 9 reasonable connections therewith, and to be served thereby. 10 The Authority shall at the same time submit to the Governor 11 for his or her approval preliminary estimates of the cost of 12 the construction of the toll highway, shown on said 13 preliminary plans, as well as the analysis of tolls required 14 under subsection (c) of Section 14. If the Governor shall 15 approve the preliminary plans,andthe estimate of the cost 16 thereof, and the analysis of tolls required under subsection 17 (c) of Section 14, the Authority may thereupon proceed with 18 the issuance of bonds as hereinafter provided. Prior to the 19 issuance of bonds for or the commencement of construction of 20 any new toll highway for which bonds have not been issued or 21 construction has not commenced prior to January 1, 2000, 22 however, that particular toll highway shall be authorized by 23 joint resolution of the General Assembly, and the Governor 24 must have received and approved the preliminary plans, the 25 preliminary estimate of the cost of construction, and the 26 analyses of tolls required under subsection (c) of Section 27 14. 28 (b) A joint resolution of the General Assembly 29 authorizing a new toll highway as required in subsection (a) 30 of Section 14 shall be effective for not more than 7 years 31 from the date of its adoption. Any such authorization in 32 effect on or after January 1, 2000 shall expire 7 years after 33 the adoption of the joint resolution if the Authority has not 34 yet issued the bonds for or commenced construction of the -4- LRB9112486DHmb 1 authorized additional toll highway prior to that date. If 2 the joint resolution of the General Assembly expires under 3 the provisions of this Section, the Authority must obtain a 4 new joint resolution of the General Assembly authorizing that 5 particular toll highway prior to the issuance of bonds for or 6 the commencement of construction of that additional toll 7 highway. If a General Assembly resolution authorizes more 8 than one new toll highway, this Section providing for the 9 expiration of the authorization applies separately to each 10 new tollway for which the Authority has not issued the bonds 11 or commenced construction within 7 years after the adoption 12 of the joint resolution. 13 (Source: P.A. 86-1164.) 14 (605 ILCS 10/14.2) (from Ch. 121, par. 100-14.2) 15 Sec. 14.2. Prior to submission of preliminary plans, 16 preliminary estimates of the cost of construction, or the 17 analyses of tolls required under subsection (c) of Section 14 18 to the Governor, the Authority shall hold a public hearing at 19 which any person may appear, express opinions, suggestions or 20 objections or direct inquiries relating to the proposed toll 21 highway to the Directors. Any person may submit a written 22 statement to the Authority at the hearing, whether appearing 23 in person or not. The hearing shall be held in a county 24 through which the proposed toll highway is to be constructed 25 and shall be attended by at least 5 Directors. The Authority 26 shall give notice of the hearing by advertisement on three 27 successive days at least 15 days prior to the date of the 28 hearing in a daily newspaper published in and of general 29 circulation in each county through which the proposed toll 30 highway is to be constructed or, if there be no such 31 newspaper, then in a daily newspaper of general circulation 32 in the county. Such notice shall state the date, time, and 33 place of the hearing, the route of the proposed toll highway, -5- LRB9112486DHmb 1 the municipalities to be afforded immediate access thereto, 2andthe estimated cost of the proposed toll highway, whether 3 the proposed toll highway would generate tolls sufficient to 4 defray 75% of its costs, and whether construction and 5 financing of the proposed toll highway would require an 6 increase in tolls on existing highways. The proceedings at 7 the hearing shall be transcribed, the transcript shall 8 thereafter be made available at reasonable hours for public 9 inspection and a copy thereof together with a copy of all 10 written statements submitted at the hearing, shall be 11 submitted to the Governor with the Authority's preliminary 12 plans. 13 (Source: P.A. 81-1363.)