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Sen. Thomas Cullerton
Filed: 3/14/2014
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| 1 | | AMENDMENT TO SENATE BILL 2610
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2610 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Department of Transportation Law of the
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| 5 | | Civil Administrative Code of Illinois is amended by changing |
| 6 | | Section 2705-305 as follows:
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| 7 | | (20 ILCS 2705/2705-305)
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| 8 | | Sec. 2705-305. Grants for mass transportation.
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| 9 | | (a) For the purpose of mass
transportation grants and |
| 10 | | contracts, the following definitions apply:
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| 11 | | "Carrier" means any corporation, authority, partnership,
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| 12 | | association, person, or district authorized to provide mass
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| 13 | | transportation within the State.
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| 14 | | "District" means all of the following:
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| 15 | | (i) Any district created pursuant to the Local Mass |
| 16 | | Transit
District Act.
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| 1 | | (ii) The Authority created pursuant to the |
| 2 | | Metropolitan Transit
Authority Act.
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| 3 | | (iii) Any authority, commission, or other entity that |
| 4 | | by
virtue of an
interstate compact approved by Congress is |
| 5 | | authorized to provide mass
transportation.
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| 6 | | (iv) The Authority created pursuant to the Regional
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| 7 | | Transportation Authority Act.
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| 8 | | "Facilities" comprise all real and personal property used |
| 9 | | in or appurtenant
to a mass transportation system, including |
| 10 | | parking lots.
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| 11 | | "Mass transportation" means transportation provided within |
| 12 | | the State of
Illinois by rail, bus, or other conveyance and |
| 13 | | available to the general public
on a regular and continuing |
| 14 | | basis, including the transportation of handicapped
or elderly |
| 15 | | persons as provided more specifically in Section 2705-310.
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| 16 | | "Unit of local government" means any city, village, |
| 17 | | incorporated town, or
county.
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| 18 | | (b) Grants may be made to units of local government,
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| 19 | | districts, and carriers for
the acquisition, construction, |
| 20 | | extension, reconstruction, and improvement
of mass |
| 21 | | transportation facilities. Grants shall be made upon the
terms
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| 22 | | and conditions that in the judgment of the Secretary are |
| 23 | | necessary
to
ensure their proper and effective utilization.
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| 24 | | (c) The Department shall make grants under this Law
in a |
| 25 | | manner
designed, so far as is consistent with the maintenance |
| 26 | | and development
of a sound mass transportation system within |
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| 1 | | the State, to: (i)
maximize
federal funds for the assistance of |
| 2 | | mass transportation in Illinois
under the Federal Transit Act |
| 3 | | and other
federal Acts; (ii) facilitate the movement of persons |
| 4 | | who because
of age,
economic circumstance, or physical |
| 5 | | infirmity are unable to drive; (iii)
contribute to an improved |
| 6 | | environment through the reduction of air,
water, and noise |
| 7 | | pollution; and (iv) reduce traffic congestion.
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| 8 | | (d) The Secretary shall establish procedures for making
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| 9 | | application
for mass transportation grants. The procedures |
| 10 | | shall provide for
public
notice of all applications and give |
| 11 | | reasonable opportunity for the
submission of comments and |
| 12 | | objections by interested parties. The
procedures shall be |
| 13 | | designed with a view to facilitating simultaneous
application |
| 14 | | for a grant to the Department and to the federal government.
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| 15 | | (e) Grants may be made for mass transportation projects as
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| 16 | | follows:
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| 17 | | (1) In an amount not to exceed 100% of the nonfederal |
| 18 | | share of
projects
for which a federal grant is made.
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| 19 | | (2) In an amount not to exceed 100% of the net project |
| 20 | | cost
for projects
for which a federal grant is not made.
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| 21 | | (3) In an amount not to exceed five-sixths of the net |
| 22 | | project
cost for
projects essential for the maintenance of |
| 23 | | a sound transportation system and
eligible for federal |
| 24 | | assistance for which a federal grant application has
been |
| 25 | | made but a federal grant has been delayed. If and when a |
| 26 | | federal
grant is made, the amount in excess of the |
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| 1 | | nonfederal share shall be
promptly returned to the |
| 2 | | Department.
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| 3 | | In no event shall the Department make a grant that, |
| 4 | | together
with any
federal funds or funds from any other source, |
| 5 | | is in excess of 100% of the
net project cost.
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| 6 | | (f) Regardless of whether any funds are available under a
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| 7 | | federal grant,
the Department shall not make a mass |
| 8 | | transportation grant unless the Secretary
finds that the |
| 9 | | recipient has entered into an agreement with the Department
in |
| 10 | | which the recipient agrees not to engage in school bus |
| 11 | | operations
exclusively for the transportation of students and |
| 12 | | school personnel in
competition with private school bus |
| 13 | | operators where those private
school bus
operators are able to |
| 14 | | provide adequate transportation, at reasonable rates,
in |
| 15 | | conformance with applicable safety standards, provided that |
| 16 | | this
requirement shall not apply to a recipient that operates a |
| 17 | | school
system
in the area to be served and operates a separate |
| 18 | | and exclusive school bus
program for the school system.
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| 19 | | (g) Grants may be made for mass transportation purposes |
| 20 | | with
funds
appropriated from the Build Illinois Bond Fund |
| 21 | | consistent with the
specific purposes for which those funds are |
| 22 | | appropriated by the
General
Assembly. Grants under this |
| 23 | | subsection (g) are not subject to any
limitations or conditions |
| 24 | | imposed upon grants by any other provision of
this Section, |
| 25 | | except that the Secretary may impose the terms and
conditions |
| 26 | | that in his or her judgment are necessary to ensure
the proper |
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| 1 | | and
effective utilization of the grants under this subsection.
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| 2 | | (h) The Department may let contracts for mass |
| 3 | | transportation
purposes
and facilities for the purpose of |
| 4 | | reducing urban congestion funded in whole
or in part with bonds |
| 5 | | described in subdivision (b)(1) of
Section 4 of the
General |
| 6 | | Obligation Bond Act, not to exceed $75,000,000 in bonds.
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| 7 | | (i) The Department may make grants to carriers, districts, |
| 8 | | and
units of local government for the purpose of reimbursing
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| 9 | | them for providing reduced
fares for mass transportation |
| 10 | | services for students, handicapped persons
and the elderly. |
| 11 | | Grants shall be made upon the terms and
conditions that in
the |
| 12 | | judgment of the Secretary are necessary to ensure their proper |
| 13 | | and
effective utilization.
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| 14 | | (j) The Department may make grants to carriers, districts, |
| 15 | | and units of local government for costs of providing ADA |
| 16 | | paratransit service.
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| 17 | | (k) Any funding the Department may provide to the Regional |
| 18 | | Transportation Authority or any of its Service Boards shall be |
| 19 | | distributed in the same manner as provided under Section 4.03.3 |
| 20 | | of the Regional Transportation Authority Act. |
| 21 | | (Source: P.A. 94-91, eff. 7-1-05.)
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| 22 | | Section 99. Effective date. This Act takes effect upon |
| 23 | | becoming law.".
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