Illinois General Assembly - 70 ILCS 3615/ Regional Transportation Authority Act.

(70 ILCS 3615/Art. II heading) ARTICLE II. POWERS.

(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.01. General Allocation of Responsibility for Public Transportation.

(a) In order to accomplish the purposes as set forth in this Act, the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall:

(i) adopt plans that implement the public policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation throughout the metropolitan region;

(ii) set goals, objectives, and standards for the Authority, the Service Boards, and transportation agencies;

(iii) develop performance measures to inform the public about the extent to which the provision of public transportation in the metropolitan region meets those goals, objectives, and standards;

(iv) allocate operating and capital funds made available to support public transportation in the metropolitan region;

(v) provide financial oversight of the Service Boards; and

(vi) coordinate the provision of public transportation and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region, all as provided in this Act.

The Service Boards shall, on a continuing basis determine the level, nature and kind of public transportation which should be provided for the metropolitan region in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation by purchasing such service from transportation agencies through purchase of service agreements, by grants to such agencies or by operating such service, all pursuant to this Act and the "Metropolitan Transit Authority Act", as now or hereafter amended. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by the affirmative vote of at least 12 of its then Directors: A Strategic Plan; a Five-Year Capital Program; and an Annual Budget and Two-Year Financial Plan.

(b) The Authority shall subject the operating and capital plans and expenditures of the Service Boards in the metropolitan region with regard to public transportation to continuing review so that the Authority may budget and expend its funds with maximum effectiveness and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits may include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of transportation agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a transportation agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or transportation agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.

(Source: P.A. 98-1027, eff. 1-1-15.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.01. General Allocation of Responsibility for Public Transportation.

(a) In order to accomplish the purposes as set forth in this Act, the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall:

(i) create and adopt plans that implement the public policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation throughout the metropolitan region;

(ii) set goals, objectives, and standards for the Authority, the Service Boards, and Transportation Agencies;

(iii) develop and use service standards and performance standards to objectively and transparently determine the level, nature, and kinds of public transportation that should be provided throughout the metropolitan region;

(iv) budget and allocate operating and capital funds made available to support public transportation in the metropolitan region;

(v) provide financial oversight of the Service Boards;

(vi) coordinate the provision of public transportation and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region, all as provided in this Act;

(vii) set fares and plan, procure, and operate an integrated fare collection system;

(viii) conduct operations, service, and capital planning;

(ix) provide design and construction oversight of capital projects;

(x) be responsible for ensuring that public transportation service in the metropolitan region complies with Title VI of the Civil Rights Act of 1964; and

(xi) subject to applicable land use laws, develop or participate in residential and commercial development on and in the vicinity of public transportation stations and routes as deemed necessary to facilitate transit-supportive land uses, increase public transportation ridership, generate revenue, and improve access to jobs and other opportunities in the metropolitan region by public transportation.

The Service Boards shall, on a continuing basis provide for the metropolitan region public transportation service of the level, nature, and kind determined by the Authority in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation by purchasing such service from Transportation Agencies through purchase of service agreements, by grants to such agencies or by operating such service, all pursuant to this Act and the Chicago Transit Authority Act. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by a supermajority vote: a Strategic Plan; a 5-Year Capital Program; and an Annual Budget and 2-Year Financial Plan.

The Authority has ultimate responsibility for providing the metropolitan region with a high-quality public transportation system and, subject to the requirements of this Act and applicable law and agreements, shall have the final responsibility for allocating duties among the Service Boards and between the Service Boards and the Authority itself. Nothing in this Act shall prevent the Authority from delegating to the Service Boards powers and duties in addition to those expressly assigned to the Service Boards under this Act.

(b) The Authority shall subject the operating and capital plans and expenditures of the Service Boards to continuing review so that the Authority may budget and expend its funds with maximum effectiveness and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits shall include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of Transportation Agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a Transportation Agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or Transportation Agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.

The Authority shall have ready access at any time to information regarding Service Board operations and has the right to demand and receive information from a Service Board concerning any aspect of the Service Board's operations at any time.

(c) The Authority shall not (i) use any funds in its budget, or in reserves, allocated for operational expenses to fund capital projects or (ii) transfer moneys from any funds in its budget, or in reserves, allocated for operational expenses to an account primarily used to fund capital projects.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.01a)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.01a. Strategic Plan.

(a) By the affirmative vote of at least 12 of its then Directors, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation.

(b) The Strategic Plan shall identify goals and objectives with respect to:

(i) increasing ridership and passenger miles on public transportation funded by the Authority;

(ii) coordination of public transportation services and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;

(iii) coordination of fare and transfer policies to promote transfers by riders among Service Boards, transportation agencies, and public transportation modes, which may include goals and objectives for development of a universal fare instrument that riders may use interchangeably on all public transportation funded by the Authority, and methods to be used to allocate revenues from transfers;

(iv) improvements in public transportation facilities to bring those facilities into a state of good repair, enhancements that attract ridership and improve customer service, and expansions needed to serve areas with sufficient demand for public transportation;

(v) access for transit-dependent populations, including access by low-income communities to places of employment, utilizing analyses provided by the Chicago Metropolitan Agency for Planning regarding employment and transportation availability, and giving consideration to the location of employment centers in each county and the availability of public transportation at off-peak hours and on weekends;

(vi) the financial viability of the public transportation system, including both operating and capital programs;

(vii) limiting road congestion within the metropolitan region and enhancing transit options to improve mobility; and

(viii) such other goals and objectives that advance the policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation in the metropolitan region.

(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by a Service Board or a transportation agency will be evaluated by the Authority for inclusion in the Five-Year Capital Program, which may include criteria for:

(i) allocating funds among maintenance, enhancement, and expansion improvements;

(ii) projects to be funded from the Innovation, Coordination, and Enhancement Fund;

(iii) projects intended to improve or enhance ridership or customer service;

(iv) design and location of station or transit improvements intended to promote transfers, increase ridership, and support transit-oriented land development;

(v) assessing the impact of projects on the ability to operate and maintain the existing transit system; and

(vi) other criteria that advance the goals and objectives of the Strategic Plan.

(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, geographic equity and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer-related performance data measured by line, route, or sub-region, as determined by the Authority, on the following:

(i) travel times and on-time performance;

(ii) ridership data;

(iii) equipment failure rates;

(iv) employee and customer safety; and

(v) customer satisfaction.

The Service Boards and transportation agencies that receive funding from the Authority or Service Boards shall prepare, publish, and submit to the Authority such reports with regard to these standards and measurements in the frequency and form required by the Authority; however, the frequency of such reporting shall be no less than annual. The Service Boards shall publish such reports on their respective websites. The Authority shall compile and publish such reports on its website. Such performance standards and measures shall not be used as the basis for disciplinary action against any employee of the Authority or Service Boards, except to the extent the employment and disciplinary practices of the Authority or Service Board provide for such action.

(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.

(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.

(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. The Authority shall also consult with the Illinois Department of Transportation's Office of Planning and Programming when developing the Strategic Plan. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.

(h) The Authority may adopt, by the affirmative vote of at least 12 of its then Directors, sub-regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, geographic equity and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub-regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub-region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub-regional or corridor plans.

(i) If the Authority determines, by the affirmative vote of at least 12 of its then Directors, that, with respect to any proposed new public transportation service or facility, (i) multiple Service Boards or transportation agencies are potential service providers and (ii) the public transportation facilities to be constructed or purchased to provide that service have an expected construction cost of more than $25,000,000, the Authority shall have sole responsibility for conducting any alternatives analysis and preliminary environmental assessment required by federal or State law. Nothing in this subparagraph (i) shall prohibit a Service Board from undertaking alternatives analysis and preliminary environmental assessment for any public transportation service or facility identified in items (i) and (ii) above that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly; however, any expenditure related to any such public transportation service or facility must be included in a Five-Year Capital Program under the requirements of Sections 2.01b and 4.02 of this Act.

(Source: P.A. 98-1027, eff. 1-1-15.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.01a. Strategic Plan.

(a) By a supermajority vote, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County, at least one of which shall be held in the City of Chicago, and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation.

(b) The Strategic Plan shall identify goals and objectives with respect to:

(i) increasing ridership and passenger miles on public transportation funded by the Authority;

(ii) increasing per capita transit ridership and the share of trips taken by transit in the region;

(iii) using public transportation to reduce greenhouse gas and other emissions from the transportation sector;

(iv) coordination of public transportation services and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;

(v) coordination of fare and transfer policies to promote transfers by riders among Service Boards, Transportation Agencies, and public transportation modes, which may include goals and objectives for development of a universal fare instrument that riders may use interchangeably on all public transportation funded by the Authority, and methods to be used to allocate revenues from transfers;

(vi) improvements in public transportation facilities to bring those facilities into a state of good repair, enhancements that attract ridership and improve customer service, and expansions needed to serve areas with sufficient demand for public transportation;

(vii) access for transit-dependent populations, including low-income communities, seniors, students, and people with disabilities;

(viii) access by low-income communities to places of employment, using analyses provided by the Chicago Metropolitan Agency for Planning regarding employment and transportation availability, and giving consideration to the location of employment centers in each county and the availability of public transportation at off-peak hours and on weekends;

(ix) the financial viability of the public transportation system, including both operating and capital programs;

(x) improving roadway operations within the metropolitan region to enhance transit options and to improve mobility;

(xi) land use policies, practices, and incentives that make more effective use of public transportation services and facilities as community assets and encourage locating the siting of businesses, homes, and public facilities near public transportation services and facilities to provide convenient and affordable travel for residents, customers, and employees in the metropolitan region;

(xii) policies, practices, and incentives that will better integrate public transportation with other active modes of transportation; and

(xiii) such other goals and objectives that advance the policy of the State to provide adequate, efficient, geographically equitable and coordinated public transportation in the metropolitan region.

(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by the Authority, a Service Board, or a Transportation Agency will be evaluated by the Authority for inclusion, as proposed or with modifications, in the 5-Year Capital Program, which shall be in accordance with the prioritization process set forth in Section 2.39. Proposals for capital improvements may include criteria for:

(i) allocating funds among maintenance, enhancement, and expansion improvements;

(ii) projects to be funded from the Innovation, Coordination, and Enhancement Fund;

(iii) projects intended to improve or enhance ridership or customer service;

(iv) design and location of station or transit improvements intended to promote transfers, increase ridership, and support transit-oriented land development;

(v) assessing the impact of projects on the ability to operate and maintain the existing transit system; and

(vi) other criteria that advance the goals and objectives of the Strategic Plan.

(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, geographic equity and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer-related performance data measured by line, route, or sub-region, as determined by the Authority, on the following:

(i) travel times and on-time performance;

(ii) ridership data;

(iii) equipment failure rates;

(iv) employee and customer safety;

(v) crowding;

(vi) cleanliness of vehicles and stations;

(vii) service productivity; and

(viii) customer satisfaction.

(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.

(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.

(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. The Authority shall also consult with the Illinois Department of Transportation's Office of Planning and Programming when developing the Strategic Plan. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.

(h) The Authority may adopt, by a supermajority vote, sub-regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, geographic equity and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub-regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub-region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub-regional or corridor plans.

(i) (Blank).

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.01b)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.01b. The Five-Year Capital Program. By the affirmative vote of at least 12 of its then Directors, the Authority, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the metropolitan region, shall each year adopt a Five-Year Capital Program that shall include each capital improvement to be undertaken by or on behalf of a Service Board provided that the Authority finds that the improvement meets any criteria for capital improvements contained in the Strategic Plan, is not inconsistent with any sub-regional or corridor plan adopted by the Authority, and can be funded within amounts available with respect to the capital and operating costs of such improvement. In reviewing proposals for improvements to be included in a Five-Year Capital Program, the Authority may give priority to improvements that are intended to bring public transportation facilities into a state of good repair. The Five-Year Capital Program shall also identify capital improvements to be undertaken by a Service Board, a transportation agency, or a unit of local government and funded by the Authority from amounts in the Innovation, Coordination, and Enhancement Fund, provided that no improvement that is included in the Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly may receive funding from the Innovation, Coordination, and Enhancement Fund. Before adopting a Five-Year Capital Program, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Five-Year Capital Program with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.

(Source: P.A. 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.01b. The 5-Year Capital Program. By a supermajority vote, the Authority, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County, at least one one of which shall be held in the City of Chicago, and one public hearing in each of the other counties in the metropolitan region, shall each year adopt a 5-Year Capital Program that shall include each capital improvement to be undertaken by the Authority or, on behalf of the Authority, by a Service Board or Transportation Agency, provided that the Authority finds that the improvement meets any criteria for capital improvements contained in the Strategic Plan, is not inconsistent with any sub-regional or corridor plan adopted by the Authority, and can be funded within amounts available with respect to the capital and operating costs of such improvement. Prior to submitting their proposed capital projects to the Authority, each Service Board shall hold at least one meeting for consideration of the capital projects being submitted to the Authority with representatives of labor organizations that have collective bargaining agreements with the respective Service Board. The Program shall be based on any criteria for capital improvements contained in the Strategic Plan, the capital project prioritization process, the service standards, the transit asset management plans required by 49 CFR 625.25, and other criteria determined by the Authority so long as the improvements are not inconsistent with any subregional or corridor plan adopted by the Authority and can be funded within amounts available with respect to the capital and operating costs of the improvement.

In reviewing proposals for improvements to be included in a 5-Year Capital Program, the Authority may give priority to improvements that are intended to bring public transportation facilities into a state of good repair. Before adopting a 5-Year Capital Program, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the 5-Year Capital Program with the Regional Comprehensive Plan adopted under the Regional Planning Act. The 5-Year Capital Program shall also identify capital improvements to be undertaken by a Service Board, a Transportation Agency, or a unit of local government and funded by the Authority from amounts in the Innovation, Coordination, and Enhancement Fund, provided that no improvement that is included in the 5-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly may receive funding from the Innovation, Coordination, and Enhancement Fund.

Beginning on January 1, 2027, for each improvement identified in the 5-year Capital Program, the Authority shall identify the entity responsible for implementing the project. The Authority shall retain responsibility for larger or comprehensive improvements such as Regionally Significant Projects, as designated by the Chicago Metropolitan Agency for Planning; new service infrastructure such as a new rail line or a new BRT corridor; large-scale rebuild of existing service infrastructure; new service vehicle or rolling stock purchases; or improvements that will be used by multiple Service Boards. The Authority shall assign to the appropriate Service Board responsibility for projects such as general service infrastructure renewal; improvements to non-service facilities; overhauls of railcars and vehicles; routine maintenance; and projects that will be completed entirely by Service Board employees.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.01c)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.01c. Innovation, Coordination, and Enhancement Fund.

(a) The Authority shall establish an Innovation, Coordination, and Enhancement Fund and deposit into the Fund an amount equal to $10,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. Amounts on deposit in such Fund and interest and other earnings on those amounts may be used by the Authority, upon the affirmative vote of 12 of its then Directors, and after a public participation process, for operating or capital grants or loans to Service Boards, transportation agencies, or units of local government that advance the goals and objectives identified by the Authority in its Strategic Plan, provided that no improvement that has been included in a Five-Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly may receive any funding from the Innovation, Coordination, and Enhancement Fund. Unless the Board has determined by a vote of 12 of its then Directors that an emergency exists requiring the use of some or all of the funds then in the Innovation, Coordination, and Enhancement Fund, such funds may only be used to enhance the coordination and integration of public transportation and develop and implement innovations to improve the quality and delivery of public transportation.

(b) Any grantee that receives funds from the Innovation, Coordination, and Enhancement Fund for the operation of eligible programs must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program utilizing such funds, determine whether it is desirable to continue the program, and upon such a determination, either incorporate such program into its annual operating budget and capital program or discontinue such program. No additional funds from the Innovation, Coordination, and Enhancement Fund may be distributed to a grantee for any individual program beyond 2 years unless the Authority by the affirmative vote of at least 12 of its then Directors waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one year-period, and any further waivers for such individual program require a subsequent vote of the Board.

(Source: P.A. 97-399, eff. 8-16-11.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.01c. Innovation, Coordination, and Enhancement Fund.

(a) The Authority shall establish an Innovation, Coordination, and Enhancement Fund and deposit into the Fund an amount equal to $10,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. Amounts on deposit in such Fund and interest and other earnings on those amounts may be used by the Authority, upon a supermajority vote, and after a public participation process, for operating or capital grants or loans to Service Boards, Transportation Agencies, or units of local government that advance the goals and objectives identified by the Authority in its Strategic Plan, provided that no improvement that has been included in a 5-Year Capital Program as of January 18, 2008 (the effective date of Public Act 95-708) may receive any funding from the Innovation, Coordination, and Enhancement Fund. Unless the Board has determined by a supermajority vote that an emergency exists requiring the use of some or all of the funds then in the Innovation, Coordination, and Enhancement Fund, such funds may only be used to enhance the coordination and integration of public transportation and develop and implement innovations to improve the quality and delivery of public transportation.

(b) Any grantee that receives funds from the Innovation, Coordination, and Enhancement Fund for the operation of eligible programs must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program utilizing such funds, determine whether it is desirable to continue the program, and upon such a determination, either incorporate such program into its annual operating budget and capital program or discontinue such program. No additional funds from the Innovation, Coordination, and Enhancement Fund may be distributed to a grantee for any individual program beyond 2 years unless the Authority by a supermajority vote waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one-year period, and any further waivers for such individual program require a subsequent vote of the Board.

(c) If money in the Authority's budget or reserves is dedicated or allocated to operational expenses, the Authority shall not (i) use that money for capital projects or (ii) transfer that money into an account primarily used to fund capital projects.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.01d)

Sec. 2.01d. ADA Paratransit Fund. The Authority shall establish an ADA Paratransit Fund and, each year, deposit into that Fund the following amounts: (i) a base amount equal to $115,000,000 in 2012, and, each year thereafter, an amount equal to the final budgeted funding for ADA paratransit services for the current year, (ii) any funds received from the State pursuant to appropriations for the purpose of funding ADA paratransit services, and (iii) any additional funds necessary to fund the budget or amended budget for ADA paratransit services adopted or approved by the Board for the current year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for ADA paratransit services provided pursuant to plans approved by the Authority under Section 2.30 of this Act. Funds received by the Suburban Bus Board from the Authority's ADA Paratransit Fund shall be used only to provide ADA paratransit services to individuals who are determined to be eligible for such services by the Authority under the Americans with Disabilities Act of 1990 and its implementing regulations. Revenues from and costs of services provided by the Suburban Bus Board with grants made under this Section shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act that apply to ADA paratransit services. Beginning in 2008, the Executive Director shall, no later than August 15 of each year, provide to the Board a written determination of the projected annual costs of ADA paratransit services that are required to be provided pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations for the current year. The Authority shall conduct triennial financial, compliance, and performance audits of ADA paratransit services to assist in this determination.

(Source: P.A. 97-399, eff. 8-16-11.)

(70 ILCS 3615/2.01e)

Sec. 2.01e. Suburban Community Mobility Fund. The Authority shall establish a Suburban Community Mobility Fund and deposit into that Fund an amount equal to $20,000,000 in 2008, and, each year thereafter, an amount equal to the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year. The amounts on deposit in the Fund and interest and other earnings on those amounts shall be used by the Authority to make grants to the Suburban Bus Board for the purpose of operating transit services, other than traditional fixed-route services, that enhance suburban mobility, including, but not limited to, demand-responsive transit services, ride sharing, van pooling, service coordination, centralized dispatching and call taking, reverse commuting, service restructuring, and bus rapid transit. Revenues from and costs of services provided by the Suburban Bus Board with moneys from the Suburban Community Mobility Fund shall be included in the Annual Budget and Two-Year Financial Program of the Suburban Bus Board and shall be subject to all budgetary and financial requirements under this Act.

(Source: P.A. 97-399, eff. 8-16-11.)

(70 ILCS 3615/2.01f)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.01f. Service planning.

(a) Beginning December 2027, the Authority shall develop a regionally coordinated Service Plan that describes all transit service to be provided in the coming year or years. The Authority may plan service for periods of not less than 1 year and not more than 3 years.

(b) To assist in the development of Service Plans, the Authority may issue a request for proposed service plans to all Service Boards. Requests for proposed service plans must indicate the first and last years for which service will be planned and must not cover more than 3 years. Requests for proposed service plans may not be issued to less than all Service Boards.

(c) For years in which the Authority is engaged in Service Planning, it shall commence the process by issuing a request for proposed service plans to all the Service Boards by the preceding December 15. The requests for proposed service plans may include:

(1) a description of service improvements and changes that the Authority desires to carry out its Strategic Plan and to implement its service standards;

(2) a description of the estimates of revenue for the next fiscal year that the Authority has received from the Director of the Governor's Office of Management and Budget;

(3) a directive to the Service Boards to prepare service coverage and service-level scenarios assuming various specified budget allocations for each Service Board;

(4) a description of the degree to which Service Boards may make changes to the programmed location, frequency, days, and hours of service provided by the Service Board as compared to the approved service plan and the circumstances under which the changes shall be permitted;

(5) the opportunity for the Service Boards to propose service improvements along with estimated costs; and

(6) requests for information the Authority deems necessary for the Authority to assess how to most effectively and equitably allocate funds among the Service Boards, including estimates of the resources needed to provide each service-level scenario.

(d) By March 31 following the request for proposed service plans, each Service Board shall present preliminary service proposals in several public hearings conducted by the Authority. A minimum of 3 public hearings shall be held in Cook County, including one in the City of Chicago, and one public hearing shall be held in each of the other counties in the region.

(e) By June 30 following the request for proposed service plans, each Service Board shall submit a proposed service plan in response to the Authority's request, prepared in the format requested by the Authority. Proposed service plans shall outline:

(1) the operating funding assumptions used by the Service Board to determine that the proposed service is feasible, including any estimates of resources that were requested by the Authority;

(2) the location, frequency, days and hours of service, and other details of the service that the Service Board shall provide;

(3) the reasons for any changes made to the location, frequency, days, and hours of service provided by the Service Board from the previous service plan;

(4) the service requirements applicable to the service provided by the Service Board covering issues such as reliability, cleanliness, and safety; and

(5) requirements relating to the Service Board's compliance with Authority fare technology and fare integration efforts, information technology systems, customer communication systems and protocols, branding and advertising efforts, coordination of schedules, and other requirements designed to improve the integration and quality of public transportation in the metropolitan region.

(f) Before voting on any final regionwide Service Plan, the Authority shall hold at least one public hearing on the regionwide Service Plan.

(g) Before voting on any final regionwide Service Plan, the Authority shall hold at least one meeting for consideration of the regionwide Service Plan with the county board of each of the several counties in the metropolitan region in which the Service Board provides service.

(h) The Board shall review the proposed service plans and compile the plans into a revised, regionwide Service Plan. The Board shall only approve the revised, regionwide Service Plan if it meets the service standards set forth in the Strategic Plan as best as possible considering projected available funds. If the Board fails to approve the revised, regionwide Service Plan, then the Board shall notify each Service Board of any deficiencies identified in that Service Board's contributions to the revised, regionwide Service Plan. The Board shall also notify each Service Board if its reasons for changes from the previous approved service plan fail to comply with any guidance provided by the Board in the previous request for service plans as described in paragraph (4) of subsection (e). Service Boards shall not continue to operate service changes that the Board deems to have failed to comply with guidance provided by the Board, unless the service is included in the forthcoming regionwide service plan.

(i) If the Board has not found that the revised, regionwide Service Plan meets the service standards, the Board shall adopt a regionwide Service Plan that does. In all cases, the Board shall adopt a regionwide Service Plan by no later than August 31 following the request for plans.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.01g)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.01g. Performance audits.

(a) The Auditor General shall conduct a performance audit of the Authority and Service Boards every 5 years. The Authority and Service Boards shall enter into an intergovernmental agreement with the Auditor General to facilitate the audit.

(b) When conducting an audit of the Authority, the Auditor General shall:

(1) focus on the quality and cost-effectiveness of the public transportation system, including comparative assessments against the performance of transit systems in comparable metropolitan regions around the world;

(2) include recommendations for improvements informed by applicable industry best practices and any legislation or other steps that governmental bodies could take to facilitate such improvements; and

(3) assess the efficacy of the public transportation system in providing affordable transportation; connecting residents to jobs, education, and other opportunities; and improving the environment.

When conducting an audit, the Auditor General shall give consideration to limitations experienced by the Commuter Rail Board due to shared infrastructure with freight rail.

(c) The Authority may suggest areas of emphasis for the Auditor General to consider, and the Auditor General may, in the Auditor General's discretion, structure the audit and recommendations to help achieve the goal of a well-functioning and efficient regional public transportation system.

(d) The Auditor General and the Authority shall coordinate the timing of performance audits so that the findings are available to the Authority at the time when it begins preparing its Strategic Plan and 5-Year Capital Program.

(e) The Authority shall reimburse the Auditor General for the costs incurred in conducting the performance audits.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)

Sec. 2.02. Purchase of service contracts; grants.

(a) The Service Boards may purchase public transportation from transportation agencies upon such terms and conditions as may be set forth in purchase of service agreements between the Service Boards and the transportation agencies.

(b) Grants may be made either by: (i) the Authority to a Service Board; or (ii) a Service Board to either a transportation agency or another Service Board, all for operating and other expenses, or for developing or planning public transportation or for constructing or acquiring public transportation facilities, all upon such terms and conditions as that Service Board or the Authority shall prescribe or as that Service Board and the Authority or that Service Board and the transportation agency shall agree in any grant contract.

(c) The Board shall adopt, to the extent it determines feasible, guidelines setting forth uniform standards for the making of grants and purchase of service agreements. Such grant contracts or purchase of service agreements may be for such number of years or duration as the parties shall agree.

Any purchase of service agreement with a transportation agency which is not a public body shall be upon terms and conditions which will allow the transportation agency to receive for the public transportation provided pursuant to the agreement net income, after reasonable deductions for depreciation and other proper and necessary reserves, equal to an amount which is a reasonable return upon the value of such portion of the transportation agency's property as is used and useful in rendering such transportation service. This paragraph shall be construed in a manner consistent with the principles applicable to such a transportation agency in rate proceedings under the Public Utilities Act. This paragraph shall not be construed to provide for the funding of reserves or guarantee that such a transportation agency shall in fact receive any return. A Service Board shall, within 180 days after receiving a written request from a transportation agency which is not a public body, tender and offer to enter into with such transportation agency a purchase of service agreement that is in conformity with this Act and that covers the public transportation services by rail (other than experimental or demonstration services) which such agency is providing at the time of such request and which services either were in operation for at least one year immediately preceding the effective date of this Act or were in operation pursuant to a purchase of service or grant agreement with the Authority or Service Board. No such tender by a Service Board need be made before April 1, 1975. The first purchase of service agreement so requested shall not, unless the parties agree otherwise, become effective prior to June 30, 1975. If, following such a request and tender, a Service Board and the transportation agency do not agree upon the amount of compensation to be provided to the agency by the Service Board under the purchase of service agreement or fares and charges under the purchase of service agreement, either of them may submit such unresolved issues to the Illinois Commerce Commission for determination. The Commission shall determine the unresolved issues in conformity with this Act. The Commission's determination shall be set forth in writing, together with such terms as are agreed by the parties and any other unresolved terms as tendered by the Service Board, in a single document which shall constitute the entire purchase of service agreement between the Service Board and the transportation agency, which agreement, in the absence of contrary agreement by the parties, shall be for a term of 3 years effective as of July 1, 1975, or, if the agreement is requested to succeed a currently effective or recently expired purchase of service agreement between the parties, as of the date of such expiration. The decision of the Commission shall be binding upon the Service Board and the transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or terminate a purchase of service agreement. Prompt settlement between the parties shall be made of any sums owing under the terms of the purchase of service agreement so established for public transportation services performed on and after the effective date of any such agreement. If the Authority reduces the amount of operating subsidy available to a Service Board under the provisions of Section 4.09 or Section 4.11, the Service Board shall, from those funds available to it under Section 4.02, first discharge its financial obligations under the terms of a purchase of service contract to any transportation agency which is not a public body, unless such transportation agency has failed to take any action requested by the Service Board, which under the terms of the purchase of service contract the Service Board can require the transportation agency to take, which would have the effect of reducing the financial obligation of the Service Board to the transportation agency. The provisions of this paragraph (c) shall not preclude a Service Board and a transportation agency from otherwise entering into a purchase of service or grant agreement in conformity with this Act or an agreement for the Authority or a Service Board to purchase or a Service Board to operate that agency's public transportation facilities, and shall not limit the exercise of the right of eminent domain by the Authority pursuant to this Act.

(d) Any transportation agency providing public transportation pursuant to a purchase of service or grant agreement with the Authority or a Service Board shall be subject to the Illinois Human Rights Act and the remedies and procedures established thereunder. Such agency shall file an affirmative action program for employment by it with regard to public transportation so provided with the Department of Human Rights within one year of the purchase of service or grant agreement, to ensure that applicants are employed and that employees are treated during employment, without unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other forms of compensation. No unlawful discrimination as defined and prohibited in the Illinois Human Rights Act in any such employment shall be made in any term or aspect of employment and discrimination based upon political reasons or factors shall be prohibited.

(e) A Service Board, subject to the provisions of paragraph (c) of this Section, may not discriminate against a transportation agency with which it has a purchase of service contract or grant agreement in any condition affecting the operation of the public transportation facility including the level of subsidy provided, the quality or standard of public transportation to be provided or in meeting the financial obligations to transportation agencies under the terms of a purchase of service or grant contract. Any transportation agency that believes that a Service Board is discriminating against it may, after attempting to resolve the alleged discrimination by meeting with the Service Board with which it has a purchase of service or grant contract, appeal to the Authority. The Board shall name 3 of its members, other than a member of the board of the concerned Service Board, to serve as a panel to arbitrate the dispute. The panel shall render a recommended decision to the Board which shall be binding on the Service Board and the transportation agency if adopted by the Board. The panel may not require the Service Board to take any action which would increase the operating budget of the Service Board. The decision of the Board shall be enforceable in a court of general jurisdiction.

(Source: P.A. 100-863, eff. 8-14-18.)

(70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.03. Operations. A Service Board may provide public transportation by operating public transportation facilities. A Service Board may enter into operating agreements with any individual, corporation or other person or private or public entity to operate such facilities on behalf of the Service Board.

(Source: P.A. 83-886.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.03. Operations. A Service Board may provide public transportation by operating public transportation facilities. A Service Board may enter into operating agreements with any individual, corporation or other person or private or public entity to operate such facilities on behalf of the Service Board. Beginning in 2029, Service Boards may only provide service adhering as closely as possible to that described in the regionwide service plan most recently adopted by the Authority, in the planned scenario that is the closest to the actual revenue available for that year, except as allowed under guidance provided by the Board in the previous request for service plans as described in paragraph (4) of subsection (e) of Section 2.01f.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.04. Fares and nature of service.

(a) Whenever a Service Board provides any public transportation by operating public transportation facilities, the Service Board shall provide for the level and nature of fares or charges to be made for such services, and the nature and standards of public transportation to be so provided that meet the goals and objectives adopted by the Authority in the Strategic Plan. Provided, however that if the Board adopts a budget and financial plan for a Service Board in accordance with the provisions in Section 4.11(b)(5), the Board may consistent with the terms of any purchase of service contract provide for the level and nature of fares to be made for such services under the jurisdiction of that Service Board, and the nature and standards of public transportation to be so provided.

(b) Whenever a Service Board provides any public transportation pursuant to grants made after June 30, 1975, to transportation agencies for operating expenses (other than with regard to experimental programs) or pursuant to any purchase of service agreement, the purchase of service agreement or grant contract shall provide for the level and nature of fares or charges to be made for such services, and the nature and standards of public transportation to be so provided. A Service Board shall require all transportation agencies with which it contracts, or from which it purchases transportation services or to which it makes grants to provide half fare transportation for their student riders if any of such agencies provide for half fare transportation to their student riders.

(c) In so providing for the fares or charges and the nature and standards of public transportation, any purchase of service agreements or grant contracts shall provide, among other matters, for the terms or cost of transfers or interconnections between different modes of transportation and different public transportation agencies, schedules or routes of such service, changes which may be made in such service, the nature and condition of the facilities used in providing service, the manner of collection and disposition of fares or charges, the records and reports to be kept and made concerning such service, for interchangeable tickets or other coordinated or uniform methods of collection of charges, and shall further require that the transportation agency comply with any determination made by the Board of the Authority under and subject to the provisions of Section 2.12b of this Act. In regard to any such service, the Authority and the Service Boards shall give attention to and may undertake programs to promote use of public transportation and to provide coordinated ticket sales and passenger information. In the case of a grant to a transportation agency which remains subject to Illinois Commerce Commission supervision and regulation, the Service Boards shall exercise the powers set forth in this Section in a manner consistent with such supervision and regulation by the Illinois Commerce Commission.

(d) By January 1, 2013, the Authority, in consultation with the Service Boards and the general public, must develop a policy regarding transfer fares on all fixed-route public transportation services provided by the Service Boards. The policy shall also set forth the fare sharing agreements between the Service Boards that apply to interagency fare passes and tickets. The policy established by the Authority shall be submitted to each of the Service Boards for its approval or comments and objection. After receiving the policy, the Service Boards have 90 days to approve or take other action regarding the policy. If all of the Service Boards agree to the policy, then a regional agreement shall be created and signed by each of the Service Boards. The terms of the agreement may be changed upon petition by any of the Service Boards and by agreement of the other Service Boards.

(e) By January 1, 2015, the Authority must develop and implement a regional fare payment system. The regional fare payment system must use and conform with established information security industry standards and requirements of the financial industry. The system must allow consumers to use contactless credit cards, debit cards, and prepaid cards to pay for all fixed-route public transportation services. Beginning in 2012 and each year thereafter until 2015, the Authority must submit an annual report to the Governor and General Assembly describing the progress of the Authority and each of the Service Boards in implementing the regional fare payment system. The Authority must adopt rules to implement the requirements set forth in this Section.

(Source: P.A. 97-85, eff. 7-7-11.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.04. Fares and nature of service.

(a) The Authority shall have the sole authority to: (i) set and coordinate fares and charges for public transit services in the metropolitan region, including public transportation provided by Transportation Agencies pursuant to purchase of service or grant agreements with the Authority, and (ii) establish the nature and standards of public transit to be provided in accordance with the Strategic Plan and service standards. However, the Authority may not increase the fares of any service provided by a Service Board until one year after the effective date of this amendatory Act of the 104th General Assembly. Beginning one year after the effective date of this amendatory Act of the 104th General Assembly, the Board may not increase the fares of any Service Board before evaluating the effects of increase fares.

(b) Whenever a Service Board provides any public transportation to Transportation Agencies for operating expenses (other than with regard to experimental programs) or pursuant to any purchase of service agreement, the purchase of service agreement or grant contract shall provide for the level and nature of fares or charges to be made for such services, and the nature and standards of public transportation to be so provided. A Service Board shall require all Transportation Agencies with which it contracts, or from which it purchases transportation services or to which it makes grants to provide half fare transportation for their student riders if any of such agencies provide for half fare transportation to their student riders.

(c) In so providing for the fares or charges and the nature and standards of public transportation, any purchase of service agreements or grant contracts shall provide, among other matters, for the terms or cost of transfers or interconnections between different modes of transportation and different public Transportation Agencies, schedules or routes of such service, changes which may be made in such service, the nature and condition of the facilities used in providing service, the manner of collection and disposition of fares or charges, the records and reports to be kept and made concerning such service, for interchangeable tickets or other coordinated or uniform methods of collection of charges, and shall further require that the Transportation Agency comply with any determination made by the Board of the Authority under and subject to the provisions of Section 2.12b of this Act. In regard to any such service, the Authority and the Service Boards shall give attention to and may undertake programs to promote use of public transportation and to provide coordinated ticket sales and passenger information. In the case of a grant to a Transportation Agency which remains subject to Illinois Commerce Commission supervision and regulation, the Service Boards shall exercise the powers set forth in this Section in a manner consistent with such supervision and regulation by the Illinois Commerce Commission.

(d) The Authority shall develop and implement a regionally coordinated and consolidated fare collection system.

(e) The Authority may delegate the responsibility for all or some aspects of physical fare collection to the Service Boards.

(f) Prior to adopting any fare structure ordinance, the Authority shall allow a reasonable time for public input and hold public hearings under subsection (e-5) of Section 5.01.

(g) The Authority shall submit the proposed fare structure ordinance to each Service Board for feedback.

(h) By no later than January 1, 2028, the Authority, in coordination with the Service Boards, shall undertake a joint procurement for a next generation fare collection system, which shall include, among other things, a unified mobile ticket application, that shall be procured and implemented by the Authority by February 1, 2030, as a unified regional fare payment system. All agreements for, or related to, a regional fare payment system must include provisions for data sharing that allow the Authority and the Service Boards access to all data generated by the fare collection system.

(i) Whenever the Authority adopts a fare policy establishing or modifying interagency passes, tickets, or transfers, the policy shall also set forth the fare-sharing agreements between the Service Boards that apply to the revenue raised from interagency fare passes, tickets, and transfers. Except as specified in such an agreement, all fare revenue generated and received by the Authority shall be disbursed by the Authority to the Service Board responsible for generating the revenue.

(j)(1) The Authority shall have sole authority over and be responsible for administering all special fare programs, including free and reduced fares for seniors and people with disabilities, and other special fare programs.

(2) To the extent required by Section 3-33-160 of the Chicago Municipal Code, the Authority and the Chicago Transit Agency shall provide for free rides for active duty military personnel in uniform or with appropriate identification, and disabled veterans of the United States Armed Forces.

(3) Any fixed-route public transportation services provided by, or under grant or purchase of service contracts of, a Service Board shall be provided without charge to senior citizens aged 65 and older, and all persons with a disability, who meet the income eligibility limitation set forth in subsection (a-5) of Section 4 of the Senior Citizens and Persons with Disabilities Property Tax Relief Act, under such conditions as shall be prescribed by Authority. The Department on Aging shall furnish all information reasonably necessary to determine eligibility, including updated lists of individuals who are eligible for services without charge under this Section. After an initial eligibility determination is made, an individual's eligibility for free services shall automatically renew every 5 years after receipt by the Authority of a copy of the individual's government-issued identification card validating Illinois residency. Nothing in this Section shall relieve the Authority from providing reduced fares as may be required by federal law. The Authority shall provide the Department of Public Health with a monthly list of all riders that receive free or reduced fares under this subsection. The list shall include an individual's name, address, and date of birth. The Department of Public Health shall, within 2 weeks after receipt of the list, report back to the Authority any discrepancies that indicate that a rider receiving free or reduced fare services is deceased. The Authority, upon receipt of the report from the Department of Public Health, shall take appropriate steps to remove any deceased individual's name from the list of individuals eligible under the free or reduced fare programs.

(4) By no later than 2 years after the effective date of this amendatory Act of the 104th General Assembly, the Authority shall develop the following programs:

(A) An income-based reduced fare program for:

(i) veterans;

(ii) any United States resident who is 17 years of age or older and has been in and left the physical custody of the Department of Corrections within the last 36 months; and

(iii) individuals experiencing homelessness.

(B) A free and reduced fare program for domestic violence and sexual assault survivors, which shall provide free and reduced fares to survivors of domestic violence and sexual assault. The Authority shall not require domestic violence or sexual assault programs to report or share information related to individual program participants or applicants.

(C) A program across public transportation service providers for providing free services to a rider for any additional fares for the duration of a daily, weekly, monthly, or 30-day pass once the rider has purchased enough regular one-way fares to reach an amount that is no less than the cost of an applicable pass.

(k) The Authority shall provide regular annual reports to the Governor and General Assembly on progress made in implementing the changes made to this Act by this amendatory Act of the 104th General Assembly under subsections (f) and (g) of this Section as outlined under Section 2.44.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.05. Centralized services; acquisition and construction.

(a) The Authority may at the request of two or more Service Boards, serve, or designate a Service Board to serve, as a centralized purchasing agent for the Service Boards so requesting.

(b) The Authority may at the request of two or more Service Boards perform other centralized services such as ridership information and transfers between services under the jurisdiction of the Service Boards where such centralized services financially benefit the region as a whole. Provided, however, that the Board may require transfers only upon an affirmative vote of 12 of its then Directors.

(c) A Service Board or the Authority may for the benefit of a Service Board, to meet its purposes, construct or acquire any public transportation facility for use by a Service Board or for use by any transportation agency and may acquire any such facilities from any transportation agency, including also without limitation any reserve funds, employees' pension or retirement funds, special funds, franchises, licenses, patents, permits and papers, documents and records of the agency. In connection with any such acquisition from a transportation agency the Authority may assume obligations of the transportation agency with regard to such facilities or property or public transportation operations of such agency.

In connection with any construction or acquisition, the Authority shall make relocation payments as may be required by federal law or by the requirements of any federal agency authorized to administer any federal program of aid.

(d) The Authority shall, after consulting with the Service Boards, develop regionally coordinated and consolidated sales, marketing, advertising, and public information programs that promote the use and coordination of, and transfers among, public transportation services in the metropolitan region. The Authority shall develop and adopt, with the affirmative vote of at least 12 of its then Directors, rules and regulations for the Authority and the Service Boards regarding such programs to ensure that the Service Boards' independent programs conform with the Authority's regional programs.

(Source: P.A. 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.05. Centralized services; acquisition and construction.

(a) The Authority may at the request of two or more Service Boards, serve, or designate a Service Board to serve, as a centralized purchasing agent for the Service Boards so requesting.

(b) The Authority may at the request of two or more Service Boards perform other centralized services such as ridership information and transfers between services under the jurisdiction of the Service Boards where such centralized services financially benefit the region as a whole. Provided, however, that the Board may require transfers only upon a supermajority vote.

(c) A Service Board or the Authority may for the benefit of a Service Board, to meet its purposes, construct or acquire any public transportation facility for use by a Service Board or for use by any Transportation Agency and may acquire any such facilities from any Transportation Agency, including also without limitation any reserve funds, employees' pension or retirement funds, special funds, franchises, licenses, patents, permits and papers, documents and records of the agency. In connection with any such acquisition from a Transportation Agency the Authority may assume obligations of the Transportation Agency with regard to such facilities or property or public transportation operations of such agency.

In connection with any construction or acquisition, the Authority shall make relocation payments as may be required by federal law or by the requirements of any federal agency authorized to administer any federal program of aid.

(d) The Authority shall, after consulting with the Service Boards, develop regionally coordinated and consolidated sales, marketing, advertising, and public information programs that promote the use and coordination of, and transfers among, public transportation services in the metropolitan region. The Authority shall develop and adopt, with a supermajority vote, rules and regulations for the Authority and the Service Boards regarding such programs to ensure that the Service Boards' independent programs conform with the Authority's regional programs.

(e) By July 1, 2028, the Authority shall manage digital and web-based trip-planning and real-time vehicle arrival information for use by riders for all public transportation services in northeastern Illinois, including demand-response modes. Relevant Service Board infrastructure, digital assets, technology, administrative support, and contracts may be transferred to the Authority for future centralized customer information services.

(Source: P.A. 104-457, eff. 6-1-26.)

(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.)

(70 ILCS 3615/2.06.1) (from Ch. 111 2/3, par. 702.06.1)

Sec. 2.06.1. Bikeways and trails. The Authority may use its established funds, personnel, and other resources to acquire, construct, operate, and maintain bikeways and trails. The Authority shall cooperate with other governmental and private agencies in bikeway and trail programs.

(Source: P.A. 98-1027, eff. 1-1-15.)

(70 ILCS 3615/2.06.2)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.06.2. Pedestrian access to transit.

(a) As part of its Strategic Plan, the Authority shall identify and prioritize sidewalk and other improvements needed to provide safe pedestrian access to transit service stops.

(b) When any unit of local government in the metropolitan region undertakes a new construction or reconstruction project on a roadway under its jurisdiction that has bus stops, rail stations, or other fixed location transit service stops where a person can board or alight public transportation vehicles or that intersects with a roadway that provides access to the transit service stop within one-quarter mile, then the project scope may include the addition of sidewalks or shared-use paths to connect the transit stops to any existing sidewalks or paths within 500 feet of the project. The unit of local government in the metropolitan region may also include the addition of concrete sidewalk boarding areas, which may connect to the sidewalk, for any existing or new transit stops within the project limits and may add a shelter, if appropriate, based on rules the Authority develops for transit service stops.

(c) If a unit of local government in the metropolitan region includes a project listed subsection (b) in its construction or reconstruction project, then the unit of local government may seek reimbursement from the Authority for capital costs associated with the requirements of this Section, including signal improvements, ADA accommodations, and other pay items appurtenant to the construction of sidewalks, shelters, and concrete boarding areas. If right-of-way acquisition is required to construct the improvements, then the unit of local government may elect not to include these improvements in its construction contract. Units of local government in the metropolitan region shall comply with all applicable requirements of the Department of Transportation in carrying out improvements under this Section.

(d) The Authority shall, by ordinance, provide rules for the program described in this Section, including rules restricting reimbursement to pay items not already required by the Department of Transportation, and it may elect to establish an annual not-to-exceed amount for the program and require cost-sharing by grantees. The Authority shall use only capital funding for any program established under this Section.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.07. Extra-territorial Authority. In order to provide or assist any transportation of members of the general public between points in the metropolitan region and points outside the metropolitan region, whether in this State or in Wisconsin or Indiana, the Authority may at the request and for the benefit of a Service Board, by ordinance, enter into agreements with any unit of local government, individual, corporation or other person or public agency in or of any such state or any private entity for such service. Such agreements may provide for participation by a Service Board in providing such service and for grants by a Service Board in connection with any such service, and may, subject to federal and State law, set forth any terms relating to such service, including coordinating such service with public transportation in the metropolitan region. Such agreement may be for such number of years or duration as the parties may agree. In regard to any such agreements or grants, a Service Board shall consider the benefit to the metropolitan region and the financial contribution with regard to such service made or to be made from public funds in such areas served outside the metropolitan region.

(Source: P.A. 83-886.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.07. Extraterritorial authority. To provide or assist any transportation of members of the general public between points in the metropolitan region and points outside the metropolitan region, whether in this State, Wisconsin, or Indiana, the Authority may enter into agreements with any unit of local government, individual, corporation or other business entity, or other person or public agency in or of any such state or any private entity for such service. Such agreements may provide for participation by the Authority in providing such service and for grants by the Authority in connection with any such service, and may, subject to federal and State law, set forth any terms relating to such service, including coordinating such service with public transportation in the metropolitan region. Such agreement may be for such number of years or duration as the parties may agree. In regard to any such agreements or grants, the Authority shall consider the benefit to the metropolitan region and the financial contribution with regard to such service made or to be made from public funds in such areas served outside the metropolitan region. Nothing in this Section prevents the Board of the Commuter Rail Division of the Authority from entering into agreements to provide service, or the Northeast Illinois Regional Commuter Railroad Corporation from providing service, between points outside the metropolitan region when it is deemed beneficial to the State, the Authority, the Services Boards, or the Northeast Illinois Regional Commuter Railroad Corporation.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.08. Protection against crime. The Authority shall cooperate with the various State, municipal, sheriff's and transportation agency police forces in the metropolitan region for the protection of employees and consumers of public transportation services and public transportation facilities against crime. The Authority may provide by ordinance for an Authority police force to aid, coordinate and supplement other police forces in protecting persons and property and reducing the threats of crime with regard to public transportation. Such police shall have the same powers with regard to such protection of persons and property as those exercised by police of municipalities and may include members of other police forces in the metropolitan region. The Authority shall establish minimum standards for selection and training of members of such police force employed by it. Training shall be accomplished at schools certified by the Illinois Law Enforcement Training Standards Board established pursuant to the Illinois Police Training Act. Such training shall be subject to the rules and standards adopted pursuant to Section 7 of that Act. The Authority may participate in any training program conducted under that Act. The Authority may provide for the coordination or consolidation of security services and police forces maintained with regard to public transportation services and facilities by various transportation agencies and may contract with any municipality or county in the metropolitan region to provide protection of persons or property with regard to public transportation. Employees of the Authority or of any transportation agency affected by any action of the Authority under this Section shall be provided the protection set forth in Section 2.16. Neither the Authority, the Suburban Bus Division, the Commuter Rail Division, nor any of their Directors, officers or employees shall be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons or for the failure to apprehend criminals.

(Source: P.A. 91-357, eff. 7-29-99.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.08. Protection against crime. The Authority shall cooperate with the various State, municipal, sheriff's and transportation agency police forces in the metropolitan region for the protection of employees and consumers of public transportation services and public transportation facilities against crime. The Authority may provide by ordinance for an Authority police force to aid, coordinate and supplement other police forces in protecting persons and property and reducing the threats of crime with regard to public transportation. Such police shall have the same powers with regard to such protection of persons and property as those exercised by police of municipalities and may include members of other police forces in the metropolitan region. The Authority shall establish minimum standards for selection and training of members of such police force employed by it. Training shall be accomplished at schools certified by the Illinois Law Enforcement Training Standards Board established pursuant to the Illinois Police Training Act. Such training shall be subject to the rules and standards adopted pursuant to Section 7 of that Act. The Authority may participate in any training program conducted under that Act. The Authority may provide for the coordination or consolidation of security services and police forces maintained with regard to public transportation services and facilities by various transportation agencies and may contract with any municipality or county in the metropolitan region to provide protection of persons or property with regard to public transportation. Employees of the Authority or of any transportation agency affected by any action of the Authority under this Section shall be provided the protection set forth in Section 2.16. Neither the Authority, the Suburban Bus Division, the Commuter Rail Division, the Chicago Transit Authority, nor any of their Directors, officers, or employees shall be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons or for the failure to apprehend criminals.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.09. Research and development.

(a) The Authority and the Service Boards shall study public transportation problems and developments; encourage experimentation in developing new public transportation technology, financing methods, and management procedures; conduct, in cooperation with other public and private agencies, studies and demonstration and development projects to test and develop methods for improving public transportation, for reducing its costs to users or for increasing public use; and conduct, sponsor, and participate in other studies and experiments, which may include fare demonstration programs, useful to achieving the purposes of this Act. The cost for any such item authorized by this Section may be exempted by the Board in a budget ordinance from the "costs" included in determining that the Authority and its service boards meet the farebox recovery ratio or system generated revenues recovery ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this Act and Section 34 of the Metropolitan Transit Authority Act during the Authority's fiscal year which begins January 1, 1986 and ends December 31, 1986, provided that the cost of any item authorized herein must be specifically approved within the budget adopted pursuant to Sections 4.01 and 4.11 of this Act for that fiscal year.

(b) To improve public transportation service in areas of the metropolitan region with limited access to commuter rail service, the Authority and the Suburban Bus Division shall evaluate the feasibility of implementing new bus rapid transit services using the expressway and tollway systems in the metropolitan region. The Illinois Department of Transportation and the Illinois Toll Highway Authority shall work cooperatively with the Authority and the Suburban Bus Division in that evaluation and in the implementation of bus rapid transit services. The Authority and the Suburban Bus Division, in cooperation with the Illinois Department of Transportation, shall develop a bus rapid transit demonstration project on Interstate 55 located in Will, DuPage, and Cook Counties. This demonstration project shall test and refine approaches to bus rapid transit operations in the expressway or tollway shoulder or regular travel lanes and shall investigate technology options that facilitate the shared use of the transit lane and provide revenue for financing construction and operation of public transportation facilities.

(c) The Suburban Bus Division and the Authority shall cooperate in the development, funding, and operation of programs to enhance access to job markets for residents in south suburban Cook County. Beginning in 2008, the Authority shall allocate to the Suburban Bus Division an amount not less than $3,750,000, and beginning in 2009 an amount not less than $7,500,000 annually for the costs of such programs.

(Source: P.A. 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.09. Research and development.

(a) The Authority shall study public transportation problems and developments; encourage experimentation in developing new public transportation technology, financing methods, and management procedures; conduct, in cooperation with other public and private agencies, studies, demonstrations, and development projects to test and develop methods for improving public transportation, for reducing its costs to users or for increasing public use; and conduct, sponsor, and participate in other studies and experiments, which may include fare demonstration programs, and transportation technology pilot programs, in conjunction with private parties and public agencies, including the United States Department of Transportation, the Department of Transportation, the Illinois State Toll Highway Authority, and the Chicago Metropolitan Agency for Planning, as are useful in achieving the purposes of this Act.

(b) (Blank).

(c) (Blank).

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.10. Protection of the environment. The Authority and the Service Boards shall take all feasible and prudent steps to minimize environmental disruption and pollution arising from its activities or from public transportation activities of transportation agencies acting pursuant to purchase of service agreements. In carrying out its purposes and powers under this Act, the Authority and the Service Boards shall seek to reduce environmental disruption and pollution arising from all forms of transportation of persons within the metropolitan region. The Service Boards shall employ persons with skills and responsibilities for determining means to minimize such disruption and pollution.

(Source: P.A. 83-886.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.10. Protection of the environment.

(a) The Authority shall take all feasible and prudent steps to minimize environmental disruption and pollution arising from its activities and from public transportation activities of Transportation Agencies acting under purchase of service or grant agreements. In carrying out its purposes and powers under this Act, the Authority shall seek to reduce environmental disruption and pollution arising from all forms of transportation of persons within the metropolitan region. The Authority shall employ persons with skills and responsibilities for determining how to minimize such disruption and pollution.

(b) In recognition of the fact that the transportation sector accounts for approximately one-third of the greenhouse gases generated in the State and that public transportation moves people with fewer emissions than other motorized modes of transportation, the Authority shall work cooperatively with the Department of Transportation, the Illinois State Toll Highway, the Chicago Metropolitan Agency for Planning, and other units of government in the region to assist them in using investments in public transportation facilities and operations as a tool to help them meet their greenhouse gas emission reduction goals. To the maximum extent allowed by law, the Authority is eligible to receive funding and other assistance from local, state, and federal sources so the Authority can assist in using improved and expanded public transportation in the metropolitan region to reduce greenhouse gas emissions and other pollution generated by the transportation sector.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.10a)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.10a. Zero-emission buses.

(a) As used in this Section:

"Zero-emission bus" means a bus that is:

(1) designed to carry more than 10 passengers and is used to carry passengers for compensation.

(2) a zero-emission vehicle; and

(3) not a taxi.

"Zero-emission vehicle" means a fuel cell or electric vehicle that:

(1) is a motor vehicle;

(2) is made by a commercial manufacturer;

(3) is manufactured primarily for use on public streets, roads, and highways;

(4) has a maximum speed capability of at least 55 miles per hour;

(5) is powered entirely by electricity or powered by combining hydrogen and oxygen, which runs the motor;

(6) has an operating range of at least 100 miles; and

(7) produces only water vapor and heat as byproducts.

(b) On or after July 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet.

(c) For the purposes of determining compliance with this Section, a Service Board shall not be deemed to be in violation of this Section when failure to comply is due to:

(1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses;

(2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or

(3) the inability of a third party to enter into a contractual or commercial relationship with a Service Board that is necessary to carry out the purposes of this Section.

(Source: P.A. 103-281, eff. 1-1-24.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.10a. Zero-emission buses.

(a) As used in this Section:

"Zero-emission bus" means a bus that is:

(1) designed to carry more than 10 passengers and is used to carry passengers for compensation.

(2) a zero-emission vehicle; and

(3) not a taxi.

"Zero-emission vehicle" means a fuel cell or electric vehicle that:

(1) is a motor vehicle;

(2) is made by a commercial manufacturer;

(3) is manufactured primarily for use on public streets, roads, and highways;

(4) has a maximum speed capability of at least 55 miles per hour;

(5) is powered entirely by electricity or powered by combining hydrogen and oxygen, which runs the motor;

(6) has an operating range of at least 100 miles; and

(7) produces only water vapor and heat as byproducts.

(b) The Authority may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of a Service Board's transit bus fleet.

(c) For the purposes of determining compliance with this Section, the Authority shall not be deemed to be in violation of this Section when failure to comply is due to:

(1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses;

(2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or

(3) the inability of a third party to enter into a contractual or commercial relationship with the Authority that is necessary to carry out the purposes of this Section.

(Source: P.A. 103-281, eff. 1-1-24; 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.10b)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.10b. Traffic law enforcement.

(a) The Authority shall cooperate with local governments and law enforcement agencies in the metropolitan region on the enforcement of laws designed to protect the quality and safety of public transportation operations, such as laws prohibiting unauthorized vehicles from blocking bus stops, bus lanes, or other facilities designated for use by transit vehicles and transit users.

(b) Local governments and law enforcement agencies in the metropolitan region may accept photographic, video, or other records derived from cameras and other sensors on public transportation vehicles and facilities as prima facie evidence of a violation of laws that protect the quality and safety of public transportation operations.

(c) The Authority may establish by rule an enforcement program that covers jurisdictions in the metropolitan region that lack laws that protect the quality and safety of public transportation operations or that, in the Authority's sole discretion, fail to adequately enforce laws protecting the quality and safety of public transit operations.

(d) An enforcement program established under this Section shall contain the following elements:

(1) clear definitions of what constitutes a civil violation, such as provisions specifying the number of feet around bus stops where unauthorized vehicles are prohibited from parking;

(2) publication on the Authority's website of descriptions and locations of public transportation facilities that are subject to the Authority's enforcement program and other pertinent information about the enforcement program, and clearly posted signs on or near such public transportation facilities visible to drivers;

(3) a description of the types of evidence, such as bus camera photos or video, which are sufficient to make a prima facie case that a vehicle or person has violated an Authority enforcement rule;

(4) provision of adequate notice of an alleged violation to the registered owner of the vehicle, including, but not limited to: the date, time and location of any violation; the particular regulation violated; the fine and any penalty that may be assessed for late payment; the vehicle make and model, or a photograph of the vehicle; the state registration number of the vehicle; the identification number of the person issuing the notice; information as to the availability of a hearing in which the violation may be contested on its merits; and, service of the notice by first-class mail;

(5) an administrative adjudication process that gives registered vehicle owners an opportunity to appear before a neutral party appointed by the Authority to contest the violation on its merits;

(6) a process through which the hearing officer may consider in defense of a violation: (i) that the motor vehicle or registration plates or digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation; (ii) that the motor vehicle was hijacked before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation; (iii) that the driver of the vehicle entered the designated bus lane in order to yield the right-of-way to an emergency vehicle; (iv) that the motor vehicle was under the control of or in the possession of a lessee pursuant to a written lease agreement at the time of the violation, so the lessee should be held liable for the violation; or (v) any other evidence or issues provided by Authority rulemaking;

(7) use of tools, such as remote hearings and allowance of online submission of documents contesting an alleged violation, to provide alleged violators an adequate opportunity to contest their alleged violation;

(8) civil violation fees that are no higher than the highest administrative fees imposed for similar violations by other public agencies in the metropolitan region; and

(9) appropriate and legally required data privacy and personal identifying information protections.

(e) The Authority shall:

(1) cooperate with local governments and law enforcement agencies to help improve their enforcement of their laws that are designed to improve the quality and safety of public transportation operations;

(2) inform and consult with local governments and law enforcement agencies in jurisdictions in which the Authority is establishing and operating an enforcement program under subsections (c) and (d); and

(3) enter into a revenue sharing agreement with each local government in jurisdictions in which the Authority is establishing and operating an enforcement program under subsections (c) and (d).

(i) The agreement shall specify what share of fee revenue resulting from violations within the jurisdiction of a local government shall be disbursed by the Authority to that local government.

(ii) The share of revenue retained by the Authority under the agreement shall be at least sufficient to cover administrative and equipment-related costs required to operate the enforcement program within that jurisdiction.

(f) In its enforcement programs, if any, under subsection (c) and through its cooperation with local governments and law enforcement agencies on their enforcement programs, the Authority shall strive for as much standardization as feasible throughout the metropolitan region in enforcement programs designed to improve the quality and safety of public transportation operations.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.11. Safety.

(a) The Service Boards may establish, enforce and facilitate achievement and maintenance of standards of safety against accidents with respect to public transportation provided by the Service Boards or by transportation agencies pursuant to purchase of service agreements with the Service Boards. The provisions of general or special orders, rules or regulations issued by the Illinois Commerce Commission pursuant to Section 57 of "An Act concerning public utilities", approved June 29, 1921, as amended, which pertain to public transportation and public transportation facilities of railroads will continue to apply until the Service Board determines that different standards are necessary to protect such health and safety.

(b) (Blank).

(c) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Authority under this subsection, shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information.

(d) Neither the Authority nor its directors, officers, or employees nor any Service Board subject to this Section nor its directors, officers, or employees shall be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or pursuant to 49 CFR Part 659 as now or hereafter amended.

(e) Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.

(Source: P.A. 102-559, eff. 8-20-21.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.11. Safety.

(a) The Service Boards may establish, enforce and facilitate achievement and maintenance of standards of safety against accidents with respect to public transportation provided by the Service Boards or by Transportation Agencies pursuant to purchase of service agreements with the Service Boards. However, Sections 18c-7401 and 18c-7402 of the Illinois Commercial Transportation Law and all rules adopted by the Illinois Commerce Commission adopted under Sections 18c-7401 and 18c-7402 of the Illinois Commercial Transportation Law shall continue to apply to the Service Boards.

(b) (Blank).

(c) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Authority under this subsection, shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information.

(d) Neither the Authority nor its directors, officers, or employees nor any Service Board subject to this Section nor its directors, officers, or employees shall be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or pursuant to 49 CFR Part 659 as now or hereafter amended.

(e) Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.05)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.05. NITA Law Enforcement Task Force.

(a) The Cook County Sheriff shall establish a multijurisdictional NITA Law Enforcement Task Force led by the Cook County Sheriff's Office in cooperation with the Chicago Police Department, the Metra Police, the Illinois State Police, the sheriff's offices of other counties in the metropolitan region, and other municipal police departments in the metropolitan region. Law enforcement agencies within the metropolitan region not explicitly named in this subsection may participate on the Task Force upon request of the Cook County Sheriff.

(b) The Task Force shall be created under an intergovernmental agreement and be dedicated to combating violent and other types of crime with the primary mission of preservation of life and reducing the occurrence and the fear of crime on the public transit system of the Northern Illinois Transit Authority. The objectives of the Task Force shall include, but shall not be limited to, reducing and preventing violent crimes and other illegal activities. The Task Force shall also assist and coordinate with the Chief Transit Safety Officer in the Chief Transit Safety Officer's efforts to enforce the Authority's and Service Boards' codes of conduct and to solve quality of life issues for transit riders and staff.

(c) The Task Force may develop and acquire information, training, tools, and resources necessary to implement a data-driven approach to policing, with an emphasis on:

(1) preventing violent crime in known hotspots, property crime, and code of conduct violations that are crimes; and

(2) identifying and arresting persons accused of violent crime.

(d) The Task Force may use information sharing, partnerships, crime analysis, and evidence-based practices to assist in the reduction of violent crime, property crime, and other code of conduct violations.

(e) The Task Force shall recognize and use best practices of community-oriented policing and procedural justice. The Task Force may develop potential partnerships with faith-based and community organizations to achieve its goals, including, but not limited to, partnering with social service organizations, to assist persons experiencing homelessness obtain shelter and other services and to assist persons experiencing a mental health or behavioral crisis in connecting with appropriate services.

(f) The Task Force shall identify and use best practices in deflection and diversion programs and other community-based services to redirect low level offenders and persons charged with nonviolent offenses.

(g) The Task Force shall engage in violence suppression strategies, including, but not limited to, details in identified locations that have shown to be the most prone to gun violence and violent crime, focused deterrence against violent gangs and groups considered responsible for the violence in the transit system, and other intelligence driven methods deemed necessary to implement the Task Force's objectives.

(h) To implement this Section, the Cook County Sheriff may establish intergovernmental agreements with law enforcement agencies in accordance with the Intergovernmental Cooperation Act.

(i) Law enforcement agencies that are party to an intergovernmental agreement established under subsection (b) or (h) and that participate in activities described in subsections (c) through (g) may claim funds to defray increased costs incurred by participation in the Task Force from any available moneys provided in support of the Task Force.

(j) The Chicago Police Department shall use any resources provided for participation in the Task Force to supplement, not supplant, existing force strength currently assigned to the Mass Transit Unit within the Chicago Police Department.

(k) The Authority shall provide technical, operational, and material assistance to the Task Force as necessary. The Authority's Chief Transit Safety Officer or the Chief Transit Safety Officer's designee shall participate in the Task Force to facilitate information sharing.

(l) The Task Force shall coordinate with the Chief Transit Safety Officer to identify which code of conduct violations and quality of life issues shall fall under the Task Force's purview, which shall fall under the transit ambassadors' purview, and which shall require the Task Force and transit ambassadors to respond.

(m) Within 6 months after the effective date of this amendatory Act of the 104th General Assembly, the Task Force shall prepare a report of recommendations for ongoing law enforcement strategies, tactics, and best practices for the Northern Illinois Transit Authority transit system. The report shall also make recommendations to be used by the Authority in implementing a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region. The Report shall be submitted to the Coordinated Safety Response Council created under Section 2.11.20.

(n) The Task Force shall disband 3 years after the effective date of this amendatory Act of the 104th General Assembly or upon the Authority's transition to a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region, whichever event occurs first.

(o) Prior to disbanding, the Task Force shall cooperate with the Office of Transit Safety and Experience to develop a plan to transition from the Task Force to a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.10)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.10. Vote on sworn officer crime prevention program.

(a) Within 1 year after the effective date of this amendatory Act of the 104th General Assembly, the Authority shall vote to implement a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region.

(b) The strategy to be implemented using sworn law enforcement to respond to crime on public transportation in the metropolitan region and to protect public transportation employees and riders shall be approved by a supermajority vote. In taking this vote, the Board shall consider recommendations provided by the NITA Law Enforcement Task Force, findings from the Coordinated Safety Council's report on the feasibility, advisability, and necessity of the program, and recommendations from the Safety Subcommittee.

(c) Within 60 days of the vote to implement a sworn law enforcement officer crime prevention program on public transportation and a crime prevention plan to protect public transportation employees and riders in the metropolitan region, the Office of Transit Safety and Experience shall develop an Operational Plan to implement the selected strategy. The Operational Plan shall include the steps and schedule for transitioning from the Task Force to the sworn law enforcement officer crime prevention program on public transportation and the crime prevention plan to protect public transportation employees and riders in the metropolitan region.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.15)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.15. Office of Transit Safety and Experience.

(a) The Authority shall establish an Office of Transit Safety and Experience.

(b) The Office shall be responsible for:

(1) developing, implementing, and overseeing a regionwide safety strategy, working with the Coordinated Safety Response Council;

(2) promoting code of conduct compliance and the safety of riders and workers;

(3) developing safety standards under subsection (a) of Section 2.11.30;

(4) making recommendations relating to system safety for inclusion in the Authority's Strategic Plan, Annual Budget and 2-Year Financial Plan, 5-Year Capital Program, and other projects and programs;

(5) making any reports and plans regarding rider and worker safety required under this Act;

(6) overseeing the enforcement and facilitation of the achievement and maintenance of safety standards, the implementation of safety tools and technologies, and the conducting of customer satisfaction polling under Section 2.11;

(7) coordinating and liaising with law enforcement agencies, the Task Force, social service agencies, and other government agencies or nongovernmental agencies serving the metropolitan region on safety issues and initiatives;

(8) strategizing and partnering with law enforcement agencies as appropriate to ensure as much as possible that the response to safety incidents on public transit facilities occurs pursuant to the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, and the incident response deployment strategy developed by the Safety Coordination Council;

(9) developing and overseeing policies and programs to assist riders in their use of the transit system and to connect them to other beneficial government and social services, including through partnerships and contracts with social service agencies and nongovernmental agencies that conduct outreach and provide assistance to unhoused riders;

(10) collecting and analyzing data on safety incidents occurring on public transportation in the metropolitan region; and

(11) developing and implementing policies and procedures for riders to provide compliments and complaints about their experiences on public transportation in the metropolitan region.

(c) The Executive Director of the Authority shall, subject to the Board's approval, designate a full-time Chief Transit Safety Officer to lead and manage the Office of Transit Safety and Experience. The Chief Transit Safety Officer shall have previously served in a supervisory capacity at a law enforcement agency and report directly to the Executive Director. The Chief Transit Safety Officer shall receive the same training that all members of the Coordinated Safety Response Council receive under subsection (h) of Section 2.11.20.

(d) Personnel within the Office for Transit Safety and Experience may be organized or assigned into bureaus, sections, or divisions as determined by the Executive Director pursuant to the authority granted by this Act.

(e) To implement this Section, the Authority may establish intergovernmental agreements with law enforcement agencies in accordance with the Intergovernmental Cooperation Act.

(f) To implement this Section, the Authority shall enter into contracts with nongovernmental agencies to provide, or create using the staff of the Authority, programs that offer outreach and assistance to riders that are unhoused, that suffer from mental health issues, or that otherwise may benefit from social services in order to implement the recommendations of the study conducted by the Coordinated Safety Response Council within 12 months of the delivery of the report.

(g) Law enforcement agencies that are party to intergovernmental agreements and nongovernmental agencies that enter into contracts with the Authority to implement the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, the incident response deployment strategy, or a combination thereof may claim funds to defray increased costs incurred by participation in those programs from any available moneys provided in support of the programs.

(h) The Chicago Police Department shall use any resources provided to implement the sworn law enforcement officer crime prevention program on public transportation, the crime prevention plan to protect public transportation employees and riders in the metropolitan region, the incident response deployment strategy or combination thereof to supplement, not supplant, existing force strength currently assigned to the Mass Transit Unit within the Chicago Police Department.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.20)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.20. Coordinated Safety Response Council.

(a) The Office of Transit Safety and Experience shall create a standing Coordinated Safety Response Council to facilitate collaboration and synchronization among government agencies and nongovernmental agencies to address safety issues and social service needs for individuals working or riding on public transportations in the metropolitan region.

(b) The Office of Transit Safety and Experience shall invite organizations to be members of the Coordinated Safety Response Council. Membership may include major law enforcement agencies and social service providers in the area served by the transit system. Membership shall include, at minimum, staff representing:

(1) the Authority's Chief Transit Safety Officer;

(2) each Service Board;

(3) the Chair of the Riders Advisory Council;

(4) the Chair of the ADA Advisory Council;

(5) the Cook County State's Attorney's Office;

(6) the Cook County Sheriff's Office;

(7) the highest ranking officer of the NITA Law Enforcement Task Force;

(8) law enforcement agencies whose jurisdiction includes transit facilities operated by the Authority;

(9) the Chicago Police Department;

(10) the Chicago Department of Family and Support Services;

(11) representatives of the labor organizations representing bus and train operators for the Chicago Transit Authority;

(12) a representative from an organization currently providing alternative behavioral health, mobile crisis response;

(13) a representative from an organization participating in implementation of the Community Emergency Services and Supports Act;

(14) representatives from community-based organizations serving youth, people with disabilities, or individuals experiencing homelessness;

(15) a representative from the Department of Human Services; and

(16) a representative from a labor organization representing bus and train operators for the Commuter Rail Division.

(c) Within 9 months of the effective date of this amendatory Act of the 104th General Assembly, the Coordinated Safety Response Council shall issue a report on using sworn law enforcement officers to respond to crime on public transportation in the metropolitan region, which shall include:

(1) an assessment of the feasibility, advisability, and necessity of various strategies to use sworn law enforcement officers to respond to crime on public transportation in the metropolitan region; and

(2) the qualifications, composition, training, requirements, strategies, roles, and accountability measures, policies, and procedures necessary to implement the outlined strategies.

(d) In evaluating the feasibility, advisability, and necessity of various strategies to use sworn law enforcement to respond to crime on public transportation, the Coordinated Safety Response Council shall consider:

(1) data, outcomes, and recommendations from the NITA Law Enforcement Task Force;

(2) in a holistic manner, the Authority's safety systems and programs, including the transit ambassador program, safety, surveillance, and communication technologies, infrastructure investments, and external partnerships and contracts and investments;

(3) the costs and risks associated with the various strategies; and

(4) making a recommendation on the optimal strategy to use law enforcement to respond to crime on public transportation in the metropolitan region.

(e) The Coordinated Safety Response Council shall be responsible for developing an incident response and long-term safety strategy, including, at minimum:

(1) the appropriate responses, including sworn law enforcement and social services, for different kinds of safety or code of conduct incidents on public transportation in the region;

(2) the organization responsible for deploying resources to provide the identified responses based on incident location and circumstances;

(3) the agreements, contracts, or communication protocols needed for the identified organizations to implement the incident response strategy; and

(4) the protocols necessary to address multijurisdictional participation in the NITA Law Enforcement Task Force and any future multijurisdictional collaborations, including:

(A) addressing legal questions of jurisdictional authority;

(B) creating consistent use of force standards;

(C) promoting consistent training across the multiple law enforcement entities participating in the NITA Law Enforcement Task Force; and

(D) clarifying the ordinance authority held by Chicago Transit Authority to allow multiple jurisdictions to lawfully participate in the NITA Law Enforcement Task Force.

(f) The incident response and long-term safety strategy shall consider actions and outcomes achievable given a baseline annual funding level of $95,000,000 from the Authority and a baseline level of spending by each local law enforcement agency participating in the council that is no less than that agency's spending relating to public transportation in Fiscal Year 2025.

(g) The Coordinated Safety Response Council shall complete a comprehensive review and evaluation of the incident response and long-term safety strategy no less than once every 3 years. The Coordinated Safety Response Council shall update the incident response and long-term safety strategy as it finds necessary in its evaluation.

(h) Members of the Coordinated Safety Response Council shall, at a minimum, receive or show proof that they have previously received training that is adequate in quality, quantity, scope, and type, on the following topics:

(1) constitutional and other relevant law on police-community encounters, including the law on the use of force and stops, searches, and arrests;

(2) police tactics, including de-escalation;

(3) impartial policing;

(4) policing individuals in crisis;

(5) procedural justice; and

(6) cultural competency, including implicit bias and racial and ethnic sensitivity.

(i) The Authority shall implement the recommendations of the Coordinated Safety Response Council in a permanent long-term safety plan as soon as possible after the completion of each report.

(j) The Coordinated Safety Response Council shall study the current use of nongovernmental agencies that provide outreach and assistance to riders that (i) are unhoused, (ii) suffer from mental health issues, or (iii) otherwise may benefit from social services. Within 12 months of the effective date of this amendatory Act of the 104th General Assembly, the Coordinated Safety Response Council shall issue a report, which shall include, at a minimum:

(1) an analysis of the cost and effect of these programs on the population the programs serve and the broader effect the programs have on users of the system;

(2) any recommendations for changes or improvements to existing programs;

(3) strategies and best practices to expand and improve these programs throughout the Service Boards; and

(4) the qualifications, composition, training, requirements, strategies, roles, and accountability measures, policies, and procedures necessary to implement the outlined recommendations.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.25)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.25. Safety Subcommittee.

(a) The Board shall create a standing Safety Subcommittee composed of, at minimum, one member from each appointing authority.

(b) The Safety Subcommittee shall:

(1) review the findings and recommendations of the Office of Transit Safety and Experience;

(2) examine data on safety-related issues facing the Authority, Service Boards, and transit users and workers;

(3) review efforts by the Authority to improve safety for workers and users of the public transportation system;

(4) make recommendations to improve system safety; and

(5) review the Authority's safety-related performance standards and reporting for accuracy and completeness and to ensure that the results are effectively conveyed to the public.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.30)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.30. Safety standards and investments.

(a) The Authority shall establish, enforce, and facilitate achievement and maintenance of standards of safety with respect to public transportation provided by the Authority or by Transportation Agencies under a purchase of service or grant agreement.

(b) The Authority shall establish standards for the design and maintenance of its facilities in ways that increase the safety of and perception of safety by users of the public transportation system. The standards shall address environmental factors that impact safety, such as the lighting of stations and bus stops.

(c) The Authority shall explore and, where appropriate, deploy technologies that enhance the safety of users of the public transportation system.

(d) The Authority shall ensure that public transportation system users on service provided by any Service Board or Transportation Agency can report safety issues in real time. The Authority shall develop and deploy a single feature in its mobile application that shall allow users of the public transportation system to report safety issues in real time to the Authority. The feature must connect users to law enforcement or other appropriate personnel who can respond to the user's safety concerns in a timely and meaningful manner. This feature shall be operational no later than 180 days of the effective date of this amendatory Act of the 104th General Assembly.

(e) The Authority may establish standards for other investments to improve the safety of riders and workers as deemed appropriate.

(f) The Authority shall conduct customer satisfaction polling annually. The customer satisfaction polling shall collect quantitative and qualitative data about rider experience and safety, including questions that explore and measure the perception of safety, cleanliness, maintenance, availability, accessibility, dependability, rider information, and rider care by users of the public transportation system.

(g) In recognition of the fact that travel by public transportation is significantly safer than travel by other means of surface transportation, the Authority shall work cooperatively with the Department of Transportation, the Illinois State Toll Highway Authority, the Chicago Metropolitan Agency for Planning, and other units of government to assist them in using investments in public transportation facilities and operations as a tool to help the Department and units of local government meet their roadway crash, fatality, and serious injury reduction goals. To the maximum extent allowed by law, the Authority is eligible to receive funding and other assistance from local, State, and federal sources so the Authority can assist in using improved and expanded public transportation in the metropolitan region to improve safety in the surface transportation sector.

(h) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Authority under this subsection shall be confidential and shall not be subject to discovery or admitted into evidence in federal or State court or considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in the reports, surveys, schedules, lists, data, or information.

(i) Neither the Authority or its directors, officers, or employees nor a Service Board or the Service Board's directors, officers, or employees may be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or under 49 CFR Part 659 as now or hereafter amended.

(j) Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.11.35)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.11.35. Bus shields.

(a) As used in this Section, "security barrier" means a protective partition made of hard and durable materials designed to shield a fixed-route bus operator from physical assault or projectiles while maintaining visibility and communication with passengers, that:

(1) extends from the bus floor to the bus ceiling;

(2) is capable of fully enclosing the bus operator's workstation and preventing the unwanted entry of persons, fluids, and objects into the bus operator's workstation; and

(3) does not impede the bus operator's lines of sight from the workstation to the exterior of the bus.

(b) The bus operator's workstation of any fixed-route bus operated in revenue service for the Authority, the Chicago Transportation Authority, and the Suburban Bus Division shall be equipped with a security barrier as conducive to the physical limitations of the vehicle.

(c) No later than January 1, 2027, the Authority shall consult with the Chicago Transportation Authority, the Suburban Bus Division, and representatives from each labor organization representing Chicago Transportation Authority fixed-route bus operators and Suburban Bus Division fixed-route bus operators regarding security barriers, including design, materials, specifications, selection, and installation.

(d) The Authority, the Chicago Transportation Authority, and the Suburban Bus Division shall complete installation of security barriers by January 1, 2028 for vehicles without limitations provided in subsection (b).

(e) The procurement of new fixed-route buses operated by the Chicago Transportation Authority shall consider the implementation of security barriers and safety of bus operators.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)

Sec. 2.12. Coordination with Planning Agencies. The Authority and the Service Boards shall cooperate with the various public agencies charged with responsibility for long-range or comprehensive planning for the metropolitan region. The Authority shall utilize the official forecasts and plans of the Chicago Metropolitan Agency for Planning in developing the Strategic Plan and the Five-Year Capital Program. The Authority and the Service Boards shall, prior to the adoption of any Strategic Plan, as provided in Section 2.01a of this Act, or the adoption of any Five-Year Capital Program, as provided in Section 2.01b of this Act, submit its proposals to such agencies for review and comment. The Authority and the Service Boards may make use of existing studies, surveys, plans, data and other materials in the possession of any State agency or department, any planning agency or any unit of local government.

(Source: P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3615/2.12a)

Sec. 2.12a. (Repealed).

(Source: P.A. 83-886. Repealed by P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3615/2.12b)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.12b. Coordination of fares and service. Upon the request of a Service Board, the Executive Director of the Authority may, upon the affirmative vote of 9 of the then Directors of the Authority, intervene in any matter involving (i) a dispute between Service Boards or a Service Board and a transportation agency providing service on behalf of a Service Board with respect to the terms of transfer between, and the allocation of revenues from fares and charges for, transportation services provided by the parties or (ii) a dispute between 2 Service Boards with respect to coordination of service, route duplication, or a change in service. Any Service Board or transportation agency involved in such dispute shall meet with the Executive Director, cooperate in good faith to attempt to resolve the dispute, and provide any books, records, and other information requested by the Executive Director. If the Executive Director is unable to mediate a resolution of any dispute, he or she may provide a written determination recommending a change in the fares or charges or the allocation of revenues for such service or directing a change in the nature or provider of service that is the subject of the dispute. The Executive Director shall base such determination upon the goals and objectives of the Strategic Plan established pursuant to Section 2.01a(b). Such determination shall be presented to the Board of the Authority and, if approved by the affirmative vote of at least 9 of the then Directors of the Authority, shall be final and shall be implemented by any affected Service Board and transportation agency within the time frame required by the determination.

(Source: P.A. 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.12b. Coordination of fares and service. Upon the request of a Service Board, the Executive Director of the Authority may, upon the affirmative vote of 11 of the then Directors of the Authority, intervene in any matter involving (i) a dispute between Service Boards or a Service Board and a Transportation Agency providing service on behalf of a Service Board with respect to the terms of transfer between, and the allocation of revenues from fares and charges for, transportation services provided by the parties or (ii) a dispute between 2 Service Boards with respect to coordination of service, route duplication, or a change in service. Any Service Board or Transportation Agency involved in such dispute shall meet with the Executive Director, cooperate in good faith to attempt to resolve the dispute, and provide any books, records, and other information requested by the Executive Director. If the Executive Director is unable to mediate a resolution of any dispute, he or she may provide a written determination recommending a change in the fares or charges or the allocation of revenues for such service or directing a change in the nature or provider of service that is the subject of the dispute. The Executive Director shall base such determination upon the goals and objectives of the Strategic Plan established pursuant to Section 2.01a(b). Such determination shall be presented to the Board of the Authority and, if approved by the affirmative vote of at least 11 of the then Directors of the Authority, shall be final and shall be implemented by any affected Service Board and Transportation Agency within the time frame required by the determination.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.13) (from Ch. 111 2/3, par. 702.13)

Sec. 2.13. (a) The Authority may take and acquire possession by eminent domain of any property or interest in property which the Authority is authorized to acquire under this Act. The power of eminent domain may be exercised by ordinance of the Authority, and shall extend to all types of interests in property, both real and personal (including without limitation easements for access purposes to and rights of concurrent usage of existing or planned public transportation facilities), whether or not the property is public property or is devoted to public use and whether or not the property is owned or held by a public transportation agency, except as specifically limited by this Act.

(b) The Authority shall exercise the power of eminent domain granted in this Section in the manner provided for the exercise of the right of eminent domain under the Eminent Domain Act, except that the Authority may not exercise the authority provided in Article 20 of the Eminent Domain Act (quick-take procedure) providing for immediate possession in such proceedings, and except that those provisions of Section 10-5-10 of the Eminent Domain Act requiring prior approval of the Illinois Commerce Commission in certain instances shall apply to eminent domain proceedings by the Authority only as to any taking or damaging by the Authority of any real property of a railroad not used for public transportation or of any real property of other public utilities.

(c) The Authority may exercise the right of eminent domain to acquire public property only upon the concurrence of 2/3 of the then Directors. In any proceeding for the taking of public property by the Authority through the exercise of the power of eminent domain the venue shall be in the Circuit Court of the county in which the property is located. The right of eminent domain may be exercised over property used for public park purposes, for State Forest purposes or for forest preserve purposes only upon a written finding adopted by concurrence of 2/3 of the then Directors, after public hearing and a written study done for the Authority, that such taking is necessary to accomplish the purposes of this Act, that no feasible alternatives to such taking exist, and that the advantages to the public from such taking exceed the disadvantages to the public of doing so. In any proceeding for the exercise of the right of eminent domain for the taking by the Authority of property used for public park, State forest, or forest preserve purposes, the court shall not order the taking of such property unless it has reviewed and concurred in the findings required of the Authority by this paragraph. No property dedicated as a nature preserve pursuant to the "Illinois Natural Areas Preservation Act", as now or hereafter amended, may be acquired in eminent domain by the Authority.

(Source: P.A. 94-1055, eff. 1-1-07.)

(70 ILCS 3615/2.13a)

(Section scheduled to be repealed on June 1, 2026)

Sec. 2.13a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07. Repealed by P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.14. Appointment of officers and employees. The Authority may appoint, retain and employ officers, attorneys, agents, engineers and employees. The officers shall include an Executive Director, who shall be the chief executive officer of the Authority, appointed by the Chairman with the concurrence of 11 of the other then Directors of the Board. The Executive Director shall organize the staff of the Authority, shall allocate their functions and duties, shall transfer such staff to the Suburban Bus Division and the Commuter Rail Division as is sufficient to meet their purposes, shall fix compensation and conditions of employment of the staff of the Authority, and consistent with the policies of and direction from the Board, take all actions necessary to achieve its purposes, fulfill its responsibilities and carry out its powers, and shall have such other powers and responsibilities as the Board shall determine. The Executive Director must be an individual of proven transportation and management skills and may not be a member of the Board. The Authority may employ its own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of the Service Boards in the metropolitan region.

No employee, officer, or agent of the Authority may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Board for a period of 14 days. After 14 days, the contract shall be considered reviewed. This Section does not apply to usual and customary salary adjustments.

No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment nor shall there be discrimination based upon political reasons or factors. The Authority shall establish regulations to insure that its discharges shall not be arbitrary and that hiring and promotion are based on merit.

The Authority shall be subject to the "Illinois Human Rights Act", as now or hereafter amended, and the remedies and procedure established thereunder. The Authority shall file an affirmative action program for employment by it with the Department of Human Rights to ensure that applicants are employed and that employees are treated during employment, without regard to unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other forms of compensation.

(Source: P.A. 98-1027, eff. 1-1-15.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.14. Appointment of officers and employees. The Authority may appoint, retain, and employ officers, attorneys, agents, engineers and employees. The officers shall include an Executive Director, who shall be the chief executive officer of the Authority, appointed by the Chair with the concurrence of 11 of the other then Directors of the Board. The initial Executive Director appointed after this amendatory Act of the 104th General Assembly shall be confirmed by the Senate. Until July 1, 2030, each Executive Director appointed under this Section shall be confirmed by the Illinois State Senate until. The Executive Director shall organize the staff of the Authority, shall allocate their functions and duties, may transfer such staff to the Service Boards or Transportation Agencies when deemed necessary or advisable, shall fix compensation and conditions of employment of the staff of the Authority, and consistent with the policies of and direction from the Board, take all actions necessary to achieve its purposes, fulfill its responsibilities and carry out its powers, and shall have such other powers and responsibilities as the Board shall determine. The Executive Director must be an individual of proven transportation and management skills and may not be a member of the Board. The Authority may employ its own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of the Service Boards in the metropolitan region.

No employee, officer, or agent of the Authority may receive a bonus that exceeds 10% of his or her annual salary unless that bonus has been reviewed by the Board for a period of 14 days. After 14 days, the bonus shall be considered reviewed. This Section does not apply to usual and customary salary adjustments.

No unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall be made in any term or aspect of employment nor shall there be discrimination based upon political reasons or factors. The Authority shall establish regulations to insure that its discharges shall not be arbitrary and that hiring and promotion are based on merit.

The Authority shall be subject to the Illinois Human Rights Act and the remedies and procedure established under that Act. The Authority shall file an affirmative action program for employment by it with the Department of Human Rights to ensure that applicants are employed and that employees are treated during employment, without regard to unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training and rates of pay or other forms of compensation.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.15) (from Ch. 111 2/3, par. 702.15)

Sec. 2.15. Policy With Respect to Protective Arrangements, Collective Bargaining and Labor Relations.

It is the intent of this Act that:

(a) The Authority shall insure that every employee of the Authority and every employee of a Service Board or transportation agency shall receive fair and equitable protection against actions of the Authority which shall not be less than those established pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. Sec. 1609 (c), and Section 405 (b) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. Sec. 565 (b), and as prescribed by the United States Secretary of Labor thereunder, at the time of the protective agreement or arbitration decision providing protection.

(b) There shall be no limitation on freedom of association among employees of the Authority nor any denial of the right of employees to join or support a labor organization and to bargain collectively through representatives of their own choosing.

(c) The Authority and the duly accredited representatives of employees shall have the obligation to bargain collectively in good faith, and the Authority shall have the power and duty to enter into written collective bargaining agreements with such representatives.

(Source: P.A. 83-886.)

(70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.16. Employee protection.

(a) The Authority shall insure that every employee of the Authority or of a Service Board or transportation agency shall receive fair and equitable protection against actions of the Authority which shall not be less than those established pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. Sec. 1609(c)), and Section 405(b) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. Sec. 565(b)), and as prescribed by the United States Secretary of Labor thereunder, at the time of the protective agreement or arbitration decision providing protection.

(b) The Authority shall negotiate or arrange for the negotiation of such fair and equitable employee arrangements with the employees, through their accredited representatives authorized to act for them. If agreement cannot be reached on the terms of such protective arrangement, any party may submit any matter in dispute to arbitration. In such arbitration, each party shall have the right to select non-voting arbitration board members. The impartial arbitrator will be selected by the American Arbitration Association and appointed from a current listing of the membership of the National Academy of Arbitrators, upon request of any party. The impartial arbitrator's decision shall be final and binding on all parties. Each party shall pay an equal proportionate share of the impartial arbitrator's fees and expenses.

(c) For purposes of Sections 2.15 through 2.19, "actions of the Authority" include its acquisition and operation of public transportation facilities, the execution of purchase of service agreements and grant contracts made under this Act and the coordination, reorganization, combining, leasing, merging of operations or the expansion or curtailment of public transportation service or facilities by the Authority, but does not include a failure or refusal to enter into a purchase of service agreement or grant contract.

(Source: P.A. 91-357, eff. 7-29-99.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.16. Employee protection.

(a) The Authority shall ensure that every employee of the Authority or of a Service Board or Transportation Agency shall receive fair and equitable protection against actions of the Authority which shall not be less than those established pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 5333(b)), and Section 405(b) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. 565(b)), and as prescribed by the United States Secretary of Labor thereunder, at the time of the protective agreement or arbitration decision providing protection.

(b) The Authority shall negotiate or arrange for the negotiation of such fair and equitable employee arrangements with the employees, through their accredited representatives authorized to act for them. If agreement cannot be reached on the terms of such protective arrangement, any party may submit any matter in dispute to arbitration. In such arbitration, each party shall have the right to select non-voting arbitration board members. The impartial arbitrator will be selected by the American Arbitration Association and appointed from a current listing of the membership of the National Academy of Arbitrators, upon request of any party. The impartial arbitrator's decision shall be final and binding on all parties. Each party shall pay an equal proportionate share of the impartial arbitrator's fees and expenses.

(c) For purposes of Sections 2.15 through 2.19, "actions of the Authority" include its acquisition and operation of public transportation facilities, the execution of purchase of service agreements and grant contracts made under this Act and the coordination, reorganization, combining, leasing, merging of operations or the expansion or curtailment of public transportation service or facilities by the Authority, but does not include a failure or refusal to enter into a purchase of service agreement or grant contract.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.17) (from Ch. 111 2/3, par. 702.17)

Sec. 2.17. Employee Pensions.

The Authority may establish and maintain systems of pensions and retirement benefits for such officers and employees of the Authority as may be designated or described by ordinance of the Authority; may fix the classifications therein; may take such steps as may be necessary to provide that persons eligible for admission to such pension systems as officers and employees of the Authority or of any transportation agency whose operations are financed in whole or in part by the Authority, shall retain eligibility for admission to or continued coverage and participation under Title II of the federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended, or the federal Railroad Retirement Act, as amended, and the related provisions of the Railroad Retirement Tax Act, as amended, as the case may be; and may provide in connection with such pension systems, a system of benefits payable to the beneficiaries and dependents of any participant in such pension systems after the death of such participant (whether accidental or otherwise, whether occurring in the actual performance of duty or otherwise, or both) subject to such exceptions, conditions, restrictions and classifications as may be provided by ordinance of the Authority. Such pension systems shall be financed or funded by such means and in such manner as may be determined by the Authority to be economically feasible.

(Source: P.A. 78-3rd S.S.-5.)

(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)

Sec. 2.18. Labor Contracts.

(a) The Authority shall deal with and enter into written contracts with employees of the Authority, through accredited representatives of such employees authorized to act for such employees concerning wages, salaries, hours, working conditions, and pension or retirement provisions. Nothing in this Act shall be construed, however, to permit hours of labor in excess of those prohibited by law or to permit working conditions prohibited by law.

(b) Whenever the Authority acquires the public transportation facilities of a transportation agency, either in proceeding by eminent domain or otherwise, and operates such facilities, all employees actively engaged in the operation thereof shall be transferred to and appointed as employees of the Authority, subject to all the rights and benefits of Sections 2.15 through 2.19, and the Authority shall assume and observe all applicable labor contracts and pension obligations. These employees shall be given seniority credit and sick leave, vacation, insurance, and pension credits in accordance with the records or labor agreements from the acquired transportation system. Members and beneficiaries of any pension or retirement system or other benefits established by the acquired transportation system shall continue to have rights, privileges, benefits, obligations and status with respect to such established system. The Authority shall assume the obligations of any transportation system acquired by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare and pension or retirement provisions for these employees. The Authority and the employees, through their representatives for collective bargaining purposes, shall take whatever action may be necessary to have pension trust funds presently under the joint control of such Transportation Agency and the participating employees through their representatives transferred to the trust funds to be established, maintained, and administered jointly by the Authority and the participating employees through their representatives.

(c) Whenever the Authority shall take any of the actions specified in Section 2.16 (c), it shall do so only after meeting the requirements of Section 2.16, and in addition, whenever the Authority shall acquire and operate the public transportation facilities of a transportation agency engaged in the transportation of persons by railroad, it shall do so only in such manner as to insure the continued applicability to the railroad employees affected thereby of the provisions of all federal statutes then applicable to them and a continuation of their existing collective bargaining agreements until the provisions of said agreements can be re-negotiated by representatives of the Authority and the representatives of said employees duly designated as such pursuant to the terms and provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.); provided, however, that nothing in this subsection shall prevent the abandonment of such facilities, or the discontinuance of such operations pursuant to applicable law, or the substitution of other operations or facilities for such operations or facilities, whether by merger, consolidation, coordination or otherwise. In the event new or supplemental operations or facilities are substituted therefor, the provisions of Section 2.19 shall be applicable, and all questions concerning the selection of forces to perform the work of such new or supplemental facilities or operations, and whether the Authority shall be required to insure the continued applicability of the federal statutes applicable to such employees shall be negotiated and, if necessary, arbitrated, in accordance with the procedures set forth in subsection 2.19 (a).

(Source: P.A. 78-3rd S.S.-5.)

(70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.18a. (a) The provisions of this Section apply to collective bargaining agreements (including extensions and amendments to existing agreements) between Service Boards or transportation agencies subject to the jurisdiction of Service Boards and their employees, which are entered into after January 1, 1984.

(b) The Authority shall approve amended budgets prepared by Service Boards which incorporate the costs of collective bargaining agreements between Service Boards and their employees. The Authority shall approve such an amended budget provided that it determines by the affirmative vote of 12 of its then members that the amended budget meets the standards established in Section 4.11.

(Source: P.A. 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.18a. (a) The provisions of this Section apply to collective bargaining agreements (including extensions and amendments to existing agreements) between Service Boards or Transportation Agencies subject to the jurisdiction of Service Boards and their employees, which are entered into after January 1, 1984.

(b) The Authority shall approve amended budgets prepared by Service Boards which incorporate the costs of collective bargaining agreements between Service Boards and their employees. The Authority shall approve such an amended budget provided that it determines by a supermajority vote that the amended budget meets the standards established in Section 4.11.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.19. Labor relations procedures.

(a) Whenever the Authority proposes to operate or to enter into a contract to operate any new public transportation facility which may result in the displacement of employees or the rearrangement of the working forces of the Authority or of the Chicago Transit Authority or of any transportation agency, the Authority shall give at least 90 days written notice of such proposed operations to the representatives of the employees affected and the Authority shall provide for the selection of forces to perform the work of that facility on the basis of agreement between the Authority and the representatives of such employees. In the event of failure to agree, the dispute may be submitted by the Authority or by any representative of the employees affected to final and binding arbitration by an impartial arbitrator to be selected by the American Arbitration Association from a current listing of arbitrators of the National Academy of Arbitrators.

(b) In case of any labor dispute not otherwise governed by this Act, by the Labor Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Authority, the Chicago Transit Authority or any transportation agency financed in whole or in part by the Authority and the employees of the Authority or of the Chicago Transit Authority or any such transportation agency, which is not settled by the parties thereto within 30 days from the date of commencement of negotiations, either party may request the assistance of a mediator appointed by either the State or Federal Mediation and Conciliation Service, who shall seek to resolve the dispute. In the event that the dispute is not resolved by mediation within a reasonable period, the mediator shall certify to the parties that an impasse exists. Upon receipt of the mediator's certification, any party to the dispute may, within 7 days, submit the dispute to a fact finder who shall be selected by the parties pursuant to the rules of the American Arbitration Association from a current listing of members of the National Academy of Arbitrators supplied by the AAA. The fact finder shall have the duty to hold hearings, or otherwise take evidence from the parties under such other arrangements as they may agree. Upon completion of the parties' submissions, the fact finder shall have the power to issue and make public findings and recommendations, or to refer the dispute back to the parties for such other appropriate action as he may recommend. In the event that the parties do not reach agreement after the issuance of the fact finder's report and recommendations, or in cases where neither party requests fact finding, the Authority shall offer to submit the dispute to arbitration by a board composed of 3 persons, one appointed by the Authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the Authority. The member agreed upon by the labor organization and the Authority shall act as chairman of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of 10 days from the date of the appointment of the two arbitrators representing the Authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from a current listing of the membership of the National Academy of Arbitrators the names of 7 such members of the National Academy from which the third arbitrator shall be selected. The arbitrators appointed by the Authority and the labor organization, promptly after the receipt of such list, shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. The term "labor dispute" shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions, but not limited thereto, and including any controversy concerning any differences or questions that may arise between the parties including but not limited to the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, and the interpretation or application of such collective bargaining agreements and any grievance that may arise. Each party shall pay one-half of the expenses of such arbitration.

(Source: P.A. 83-886.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.19. Labor relations procedures.

(a) Whenever the Authority proposes to operate or to enter into a contract to operate any new public transportation facility which may result in the displacement of employees or the rearrangement of the working forces of the Authority, the Service Boards or of any Transportation Agency, the Authority shall give at least 90 days written notice of such proposed operations to the representatives of the employees affected and the Authority shall provide for the selection of forces to perform the work of that facility on the basis of agreement between the Authority and the representatives of such employees. In the event of failure to agree, the dispute may be submitted by the Authority or by any representative of the employees affected to final and binding arbitration by an impartial arbitrator to be selected by the American Arbitration Association from a current listing of arbitrators of the National Academy of Arbitrators.

(b) In case of any labor dispute not otherwise governed by this Act, by the Labor Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Authority, the Service Boards or any Transportation Agency financed in whole or in part by the Authority and the employees of the Authority, the Service Boards, or any such Transportation Agency, which is not settled by the parties thereto within 30 days from the date of commencement of negotiations, either party may request the assistance of a mediator appointed by either the State or Federal Mediation and Conciliation Service, who shall seek to resolve the dispute. In the event that the dispute is not resolved by mediation within a reasonable period, the mediator shall certify to the parties that an impasse exists. Upon receipt of the mediator's certification, any party to the dispute may, within 7 days, submit the dispute to a fact-finder who shall be selected by the parties pursuant to the rules of the American Arbitration Association from a current listing of members of the National Academy of Arbitrators supplied by the AAA. The fact-finder shall have the duty to hold hearings, or otherwise take evidence from the parties under such other arrangements as they may agree. Upon completion of the parties' submissions, the fact-finder shall have the power to issue and make public findings and recommendations, or to refer the dispute back to the parties for such other appropriate action as he may recommend. In the event that the parties do not reach agreement after the issuance of the fact-finder's report and recommendations, or in cases where neither party requests fact-finding, the Authority shall offer to submit the dispute to arbitration by a board composed of 3 persons, one appointed by the Authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the Authority. The member agreed upon by the labor organization and the Authority shall act as chairman of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of 10 days from the date of the appointment of the two arbitrators representing the Authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from a current listing of the membership of the National Academy of Arbitrators the names of 7 such members of the National Academy from which the third arbitrator shall be selected. The arbitrators appointed by the Authority and the labor organization, promptly after the receipt of such list, shall determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. The term "labor dispute" shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions, but not limited thereto, and including any controversy concerning any differences or questions that may arise between the parties including but not limited to the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, and the interpretation or application of such collective bargaining agreements and any grievance that may arise. Each party shall pay one-half of the expenses of such arbitration.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)

Sec. 2.20. General Powers.

(a) Except as otherwise limited by this Act, the Authority shall also have all powers necessary to meet its responsibilities and to carry out its purposes, including, but not limited to, the following powers:

(i) To sue and be sued;

(ii) To invest any funds or any monies not required for immediate use or disbursement, as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended;

(iii) To make, amend and repeal by-laws, rules and regulations, and ordinances not inconsistent with this Act;

(iv) To hold, sell, sell by installment contract, lease as lessor, transfer or dispose of such real or personal property as it deems appropriate in the exercise of its powers or to provide for the use thereof by any transportation agency and to mortgage, pledge or otherwise grant security interests in any such property;

(v) To enter at reasonable times upon such lands, waters or premises as in the judgment of the Authority may be necessary, convenient or desirable for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters or premises, the Authority being liable only for actual damage caused by such activity;

(vi) To make and execute all contracts and other instruments necessary or convenient to the exercise of its powers;

(vii) To enter into contracts of group insurance for the benefit of its employees and to provide for retirement or pensions or other employee benefit arrangements for such employees, and to assume obligations for pensions or other employee benefit arrangements for employees of transportation agencies, all or part of the facilities of which are acquired by the Authority;

(viii) To provide for the insurance of any property, directors, officers, employees or operations of the Authority against any risk or hazard, and to self-insure or participate in joint self-insurance pools or entities to insure against such risk or hazard;

(ix) To appear before the Illinois Commerce Commission in all proceedings concerning the Authority, a Service Board or any transportation agency; and

(x) To pass all ordinances and make all rules and regulations proper or necessary to regulate the use, operation and maintenance of its property and facilities and, by ordinance, to prescribe fines or penalties for violations thereof. No fine or penalty shall exceed $1,000 per offense. Any ordinance providing for any fine or penalty shall be published in a newspaper of general circulation in the metropolitan region. No such ordinance shall take effect until 10 days after its publication.

The Authority may enter into arbitration arrangements, which may be final and binding.

The Commuter Rail Board shall continue the separate public corporation, known as the Northeast Illinois Regional Commuter Railroad Corporation, as a separate operating unit to operate on behalf of the Commuter Rail Board commuter railroad facilities, subject at all times to the supervision and direction of the Commuter Rail Board and may, by ordinance, dissolve such Corporation. Such Corporation shall be governed by a Board of Directors which shall consist of the members of the Transition Board until such time as all of the members of the Commuter Rail Board are appointed and qualified and thereafter the members of the Commuter Rail Board. Such Corporation shall have all the powers given the Authority and the Commuter Rail Board under Article II of this Act (other than under Section 2.13) as are delegated to it by ordinance of the Commuter Rail Board with regard to such operation of facilities and the same exemptions, restrictions and limitations as are provided by law with regard to the Authority shall apply to such Corporation. Such Corporation shall be a transportation agency as provided in this Act except for purposes of paragraph (e) of Section 3.01 of this Act.

The Authority shall cooperate with the Illinois Commerce Commission and local law enforcement agencies in establishing a two year pilot program in DuPage County to determine the effectiveness of an automated railroad grade crossing enforcement system.

(b) In each case in which this Act gives the Authority the power to construct or acquire real or personal property, the Authority shall have the power to acquire such property by contract, purchase, gift, grant, exchange for other property or rights in property, lease (or sublease) or installment or conditional purchase contracts, which leases or contracts may provide for consideration therefor to be paid in annual installments during a period not exceeding 40 years. Property may be acquired subject to such conditions, restrictions, liens, or security or other interests of other parties as the Authority may deem appropriate, and in each case the Authority may acquire a joint, leasehold, easement, license or other partial interest in such property. Any such acquisition may provide for the assumption of, or agreement to pay, perform or discharge outstanding or continuing duties, obligations or liabilities of the seller, lessor, donor or other transferor of or of the trustee with regard to such property. In connection with the acquisition of public transportation equipment, including, but not limited to, rolling stock, vehicles, locomotives, buses or rapid transit equipment, the Authority may also execute agreements concerning such equipment leases, equipment trust certificates, conditional purchase agreements and such other security agreements and may make such agreements and covenants as required, in the form customarily used in such cases appropriate to effect such acquisition. Obligations of the Authority incurred pursuant to this Section shall not be considered bonds or notes within the meaning of Section 4.04 of this Act.

(c) The Authority shall assume all costs of rights, benefits and protective conditions to which any employee is entitled under this Act from any transportation agency in the event of the inability of the transportation agency to meet its obligations in relation thereto due to bankruptcy or insolvency, provided that the Authority shall retain the right to proceed against the bankrupt or insolvent transportation agency or its successors, trustees, assigns or debtors for the costs assumed. The Authority may mitigate its liability under this paragraph (c) and under Section 2.16 to the extent of employment and employment benefits which it tenders.

(Source: P.A. 97-333, eff. 8-12-11.)

(70 ILCS 3615/2.21) (from Ch. 111 2/3, par. 702.21)

Sec. 2.21. (a) The Authority or the Commuter Rail Board may not in the exercise of its powers to provide effective public transportation as provided by this Act:

(i) require or authorize the operation of, or operate or acquire by eminent domain or otherwise, any public transportation facility or service on terms or in a manner which unreasonably interferes with the ability of a railroad to provide efficient freight or inter-city passenger service. This subparagraph shall not bar the Authority from acquiring title to any property pursuant to Section 2.13 in a manner consistent with this subparagraph.

(ii) obtain by eminent domain any interest in any right of way or any other real property of a railroad which is not a public body in excess of the interest to be used for public transportation as provided in this Act.

(iii) prohibit the operation of public transportation by a private carrier that does not receive a grant or purchase of service contract from the Authority or a Service Board.

(b) If in connection with any construction, acquisition, or other activity undertaken by or for the Authority or a Service Board, or pursuant to any purchase of service or grant agreement with the Authority or a Service Board, any facility of a public utility (as defined in the Public Utilities Act), is removed or relocated from its then-existing site 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 rights required to accomplish such relocation or removal, shall be paid by the Authority or a Service Board. If any such facilities are so relocated onto the properties of the Authority or the Service Board or onto properties made available for that purpose by the Authority or the Service Board, there shall be no rent, fee, or other charge of any kind imposed upon the public utility owning or operating such facilities in excess of that imposed prior to such relocation and such public utility, and its successors and assigns, shall be granted the right to operate such facilities 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. Nothing in this paragraph (b) shall prevent the Authority or the Service Board and a transportation agency from agreeing in a purchase of service agreement or otherwise to make different arrangements for such relocations or the costs thereof.

(Source: P.A. 100-863, eff. 8-14-18.)

(70 ILCS 3615/2.22) (from Ch. 111 2/3, par. 702.22)

Sec. 2.22. It is the policy of this State that all powers granted, either expressly or by necessary implication, by this Act or any other Illinois statute to the Authority may be exercised by the Authority notwithstanding effects on competition. It is the intention of the General Assembly that the "State action exemption" to the application of federal antitrust statutes be fully available to the Authority to the extent its activities are authorized by law as stated herein.

(Source: P.A. 83-929.)

(70 ILCS 3615/2.23) (from Ch. 111 2/3, par. 702.23)

Sec. 2.23. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly.

(Source: P.A. 84-731.)

(70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.24. Drug and alcohol testing. The Regional Transportation Authority, and all of the Service Boards subject to the Authority, including the Chicago Transportation Authority, shall be responsible for the establishment, maintenance, administration and enforcement of a comprehensive drug and alcohol testing program which is in absolute conformity with Federal statutes and regulations currently in effect.

(Source: P.A. 88-619, eff. 1-1-95.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.24. Drug and alcohol testing. The Authority, and all of the Service Boards subject to the Authority, including the Chicago Transit Authority, shall be responsible for the establishment, maintenance, administration and enforcement of a comprehensive drug and alcohol testing program which is in absolute conformity with Federal statutes and regulations currently in effect.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.30)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.30. Paratransit services.

(a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations.

(b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c).

(c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 12 of the then Directors. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to:

(1) maintain, at a minimum, the levels of ADA paratransit service that are required to be provided by the Service Boards pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;

(2) transfer the appropriate ADA paratransit services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the Suburban Bus Board, as necessary, by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c);

(3) provide for consistent policies throughout the metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will-call" open-ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription service than are available as of the effective date of this amendatory Act;

(4) provide that service contracts and rates, entered into or set after the approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) of this Section, with private carriers and taxicabs for ADA paratransit service are procured by means of an open procurement process;

(5) provide for fares, fare collection and billing procedures for ADA paratransit services throughout the metropolitan region;

(6) provide for performance standards for all ADA paratransit service transportation carriers, with consideration of door-to-door service;

(7) provide, in cooperation with the Illinois Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;

(8) provide for a system of dispatch of ADA paratransit services transportation carriers throughout the metropolitan region, with consideration of county-based dispatch systems already in place as of the effective date of this amendatory Act;

(9) provide for a process of determining eligibility for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;

(10) provide for consideration of innovative methods to provide and fund ADA paratransit services; and

(11) provide for the creation of one or more ADA advisory boards, or the reconstitution of the existing ADA advisory boards for the Service Boards, to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.

(d) All revisions and annual updates to the ADA paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmative votes of 12 of the then Directors.

(e) The Illinois Department of Transportation, the Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.

(f) By no later than April 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require the affirmative votes of 12 of the then Directors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.

(g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.

(h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.

(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.30. Paratransit services.

(a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations.

(b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c).

(c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require a supermajority vote. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to:

(1) maintain, at a minimum, the levels of ADA paratransit service that are required to be provided by the Service Boards pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;

(2) transfer the appropriate ADA paratransit services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the Suburban Bus Board, as necessary, by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c);

(3) provide for consistent policies throughout the metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will-call" open-ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription service than are available as of the effective date of this amendatory Act;

(4) provide that service contracts and rates, entered into or set after the approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) of this Section, with private carriers and taxicabs for ADA paratransit service are procured by means of an open procurement process;

(5) provide for fares, fare collection and billing procedures for ADA paratransit services throughout the metropolitan region;

(6) provide for performance standards for all ADA paratransit service transportation carriers, with consideration of door-to-door service;

(7) provide, in cooperation with the Illinois Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;

(8) provide for a system of dispatch of ADA paratransit services transportation carriers throughout the metropolitan region, with consideration of county-based dispatch systems already in place as of the effective date of this amendatory Act;

(9) provide for a process of determining eligibility for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;

(10) provide for consideration of innovative methods to provide and fund ADA paratransit services; and

(11) provide for the creation of one or more ADA advisory boards, or the reconstitution of the existing ADA advisory boards for the Service Boards, to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.

(d) All revisions and annual updates to the ADA paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require a supermajority vote.

(e) The Illinois Department of Transportation, the Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.

(f) By no later than April 1, 2007, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require a supermajority vote. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.

(g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.

(h) Nothing in this amendatory Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.31)

Sec. 2.31. Disadvantaged Business Enterprise Contracting and Equal Employment Opportunity Programs. The Authority and each Service Board shall, as soon as is practicable but in no event later than two years after the effective date of this amendatory Act of the 95th General Assembly, establish and maintain a disadvantaged business enterprise contracting program designed to ensure non-discrimination in the award and administration of contracts not covered under a federally mandated disadvantaged business enterprise program. The program shall establish narrowly tailored goals for the participation of disadvantaged business enterprises as the Authority and each Service Board determines appropriate. The goals shall be based on demonstrable evidence of the availability of ready, willing, and able disadvantaged business enterprises relative to all businesses ready, willing, and able to participate on the program's contracts. The program shall require the Authority and each Service Board to monitor the progress of the contractors' obligations with respect to the program's goals. Nothing in this program shall conflict with or interfere with the maintenance or operation of, or compliance with, any federally mandated disadvantaged business enterprise program.

The Authority and each Service Board shall establish and maintain a program designed to promote equal employment opportunity. Each year, no later than October 1, the Authority and each Service Board shall report to the General Assembly on the number of their respective employees and the number of their respective employees who have designated themselves as members of a minority group and gender.

Each year no later than October 1, and starting no later than the October 1 after the establishment of their disadvantaged business enterprise contracting programs, the Authority and each Service Board shall submit a report with respect to such program to the General Assembly. In addition, each year no later than October 1, the Authority and each Service Board shall submit a copy of its federally mandated semi-annual Uniform Report of Disadvantaged Business Enterprises Awards or Commitments and Payments to the General Assembly.

(Source: P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3615/2.32)

Sec. 2.32. Clean/green vehicles. Any vehicles purchased from funds made available to the Authority from the Transportation Bond, Series B Fund or the Multi-modal Transportation Bond Fund must incorporate clean/green technologies and alternative fuel technologies, to the extent practical.

(Source: P.A. 101-30, eff. 6-28-19.)

(70 ILCS 3615/2.35)

Sec. 2.35. Vehicle arrival information. By July 1, 2012, all Service Boards must make available web-based, real-time vehicle arrival information for use by riders for all fixed-route public transportation services. The Authority shall have access to all universally acceptable data feeds for vehicle arrival information.

(Source: P.A. 97-85, eff. 7-7-11.)

(70 ILCS 3615/2.37)

(Section scheduled to be repealed on June 1, 2026)

Sec. 2.37. Wireless Internet study. By January 1, 2012, the Authority must prepare and submit a report to the Governor and General Assembly regarding the feasibility of providing wireless Internet services on all fixed-route public transportation services.

(Source: P.A. 97-85, eff. 7-7-11; 97-813, eff. 7-13-12. Repealed by P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.38)

Sec. 2.38. Universal fare instrument for persons age 65 and over. No later than 120 days after January 1, 2012 (the effective date of Public Act 97-271), the Authority must develop and make available for use by riders age 65 and over a universal fare instrument that may be used interchangeably on all public transportation funded by the Authority, except for ADA paratransit services.

(Source: P.A. 97-271, eff. 1-1-12; 97-813, eff. 7-13-12.)

(70 ILCS 3615/2.39)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.39. Prioritization process for Northeastern Illinois transit projects.

(a) The Authority shall develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. The prioritization process must consider, at a minimum: (1) access to key destinations such as jobs, retail, healthcare, and recreation, (2) reliability improvement, (3) capacity needs, (4) safety, (5) state of good repair, (6) racial equity and mobility justice, and (7) economic development. All State capital funding awards shall be made by the Regional Transportation Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing the prioritization process and its use in funding awards.

(b) A summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects shall be published on the Authority's website in a timely manner.

(c) Starting April 1, 2022, no project shall be included in the 5-year capital program, or amendments to that program, without being evaluated under the selection process described in this Section.

(Source: P.A. 102-573, eff. 8-24-21.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.39. Prioritization process for transit capital projects.

(a) The Authority shall develop a transparent prioritization process for metropolitan region transit capital projects to identify projects that will most effectively achieve the goals of the Strategic Plan and improve the quality of public transportation services contemplated by the service standards, to the extent service standards have been adopted.

(b) The Authority shall use the prioritization process when developing its 5-year Capital Program under Section 2.01b and for its other capital planning processes.

(c) The prioritization process must consider, at a minimum:

(1) increasing access to key destinations, such as jobs, retail, healthcare, and recreation;

(2) reliability improvements;

(3) capacity needs;

(4) safety;

(5) state of good repair;

(6) racial equity and mobility justice;

(7) environmental protection;

(8) the service standards;

(9) economic development; and

(10) improving physical access to bus stops, transit vehicles, and transit facilities.

(d) All capital funding awards shall be made by the Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing the prioritization process and its use in funding awards.

(e) A summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects shall be published on the Authority's website in a timely manner.

(f) No project shall be included in the 5-year Capital Program, or amendments to that Program, without being evaluated under the selection process described in this Section.

(Source: P.A. 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.40)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.40. Suspension of riding privileges and confiscation of fare media.

(a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act.

(b) Suspension of riding privileges and confiscation of fare media are limited to:

(1) violations where the person's conduct places transit employees or transit passengers in reasonable apprehension of a threat to their safety or the safety of others, including assault and battery, as those terms are defined under Sections 12-1 and 12-3 of the Criminal Code of 2012;

(2) violations where the person's conduct places transit employees or transit passengers in reasonable apprehension of a threat of a criminal sexual assault, as that term is defined under Section 11-1.20 of the Criminal Code of 2012; and

(3) violations involving an act of public indecency, as that term is defined in Section 11-30 of the Criminal Code of 2012.

(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, and first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following:

(1) the nature of the suspension of riding privileges or confiscation of fare media;

(2) the person's rights and available remedies to contest or appeal the suspension of riding privileges or confiscation of fare media and to apply for reinstatement of riding privileges; and

(3) the procedures for adjudicating whether a suspension or confiscation is warranted and for applying for reinstatement of riding privileges, including the time and location of any hearing.

The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation.

Notwithstanding any other provision of this Section, no person shall be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media, or to attend a hearing to determine whether a suspension or confiscation was warranted, because the person was detained in a jail.

(d) Each Service Board shall create an administrative suspension hearing process as follows:

(1) A Service Board shall designate an official to oversee the administrative process to decide whether a suspension is warranted and the length of the suspension.

(2) The accused and related parties, including legal counsel, may attend this hearing in person, by telephone, or virtually.

(3) The Service Board shall present the suspension-related evidence and outline the evidence that supports the need for the suspension.

(4) The accused or the accused's legal counsel can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.

(5) The Service Board's designated official shall make a finding on the suspension.

(6) The value of unexpended credit or unexpired passes shall be reimbursed upon suspension of riding privileges or confiscation of fare media.

(7) The alleged victims of the violation and related parties, including witnesses who were present, may attend this hearing in person, by telephone, or virtually.

(8) The alleged victims of the violation and related parties, including witnesses who were present, can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.

(e) Each Service Board shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Service Board's findings. A suspended rider is entitled to 2 appeals after the Service Board's finding to suspend the person's ridership. A suspended rider may petition the Service Board to reinstate the person's ridership privileges one calendar year after the Service Board's suspension finding if the length of the suspension is more than one year.

(f) Each Service Board shall collect, report, and make publicly available in a quarterly timeframe the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media, the conduct leading to the suspension or confiscation, as well as the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, date, and time of day, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.

(Source: P.A. 103-281, eff. 1-1-24.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.40. Suspension of riding privileges and confiscation of fare media.

(a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act.

(b) Suspension of riding privileges and confiscation of fare media are limited to:

(1) violations where the person's conduct places transit employees or transit passengers in reasonable apprehension of a threat to their safety or the safety of others, including assault and battery, as those terms are defined under Sections 12-1 and 12-3 of the Criminal Code of 2012;

(2) violations where the person's conduct places transit employees or transit passengers in reasonable apprehension of a threat of a criminal sexual assault, as that term is defined under Section 11-1.20 of the Criminal Code of 2012; and

(3) violations involving an act of public indecency, as that term is defined in Section 11-30 of the Criminal Code of 2012.

(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, and first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following:

(1) the nature of the suspension of riding privileges or confiscation of fare media;

(2) the person's rights and available remedies to contest or appeal the suspension of riding privileges or confiscation of fare media and to apply for reinstatement of riding privileges; and

(3) the procedures for adjudicating whether a suspension or confiscation is warranted and for applying for reinstatement of riding privileges, including the time and location of any hearing.

The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation.

Notwithstanding any other provision of this Section, no person shall be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media, or to attend a hearing to determine whether a suspension or confiscation was warranted, because the person was detained in a jail.

(d) The Authority shall create an administrative suspension hearing process as follows:

(1) The Authority shall designate an official to oversee the administrative process to decide whether a suspension is warranted and the length of the suspension.

(2) The accused and related parties, including legal counsel, may attend this hearing in person, by telephone, or virtually.

(3) The Authority shall present the suspension-related evidence and outline the evidence that supports the need for the suspension.

(4) The accused or the accused's legal counsel can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.

(5) The Authority's designated official shall make a finding on the suspension.

(6) The value of unexpended credit or unexpired passes shall be reimbursed upon suspension of riding privileges or confiscation of fare media.

(7) The alleged victims of the violation and related parties, including witnesses who were present, may attend this hearing in person, by telephone, or virtually.

(8) The alleged victims of the violation and related parties, including witnesses who were present, can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.

(e) The Authority shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Authority's findings. A suspended rider is entitled to 2 appeals after the Authority's finding to suspend the person's ridership. A suspended rider may petition the Authority to reinstate the person's ridership privileges one calendar year after the Authority's suspension finding if the length of the suspension is more than one year.

(f) The Authority shall collect, report, and make publicly available in a quarterly timeframe the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media, the conduct leading to the suspension or confiscation, as well as the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, date, and time of day, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.

(Source: P.A. 103-281, eff. 1-1-24; 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.41)

(Text of Section before amendment by P.A. 104-457)

Sec. 2.41. Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program.

(a) No later than 90 days after the effective date of this amendatory Act of the 103rd General Assembly, the Authority shall create the Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program to serve residents of the Authority.

Through this Program, the Authority shall issue monetarily preloaded mass transit cards to The Network: Advocating Against Domestic Violence for survivor and victim use of public transportation through Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division.

The Authority shall coordinate with The Network: Advocating Against Domestic Violence to issue no less than 25,000 monetarily preloaded mass transit cards with a value of $20 per card for distribution to domestic violence and sexual assault service providers throughout the Authority's jurisdiction, including the counties of Cook, Kane, DuPage, Will, Lake, and McHenry.

The mass transit card shall be plastic or laminated and wallet-sized, contain no information that would reference domestic violence or sexual assault services, and have no expiration date. The cards shall also be available electronically and shall be distributed to domestic violence and sexual assault direct service providers to distribute to survivors.

The total number of mass transit cards shall be distributed to domestic violence and sexual assault service providers throughout the Authority's region based on the average number of clients served in 2021 and 2022 in comparison to the total number of mass transit cards granted by the Authority.

(b) The creation of the Program shall include an appointment of a domestic violence or sexual assault program service provider or a representative of the service provider's choosing to the Authority's Citizen Advisory Board.

The Network: Advocating Against Domestic Violence shall provide an annual report of the program, including a list of service providers receiving the mass transit cards, the total number of cards received by each service provider, and an estimated number of survivors and victims of domestic violence and sexual assault participating in the program. The report shall also include survivor testimonies of the program and shall include program provided recommendations on improving implementation of the Program. The report shall be provided to the Regional Transit Authority one calendar year after the creation of the Program.

In partnership with The Network: Advocating Against Domestic Violence, the Authority shall report this information to the Board and the Citizen Advisory Board and compile an annual report of the Program to the General Assembly and to domestic violence and sexual assault service providers in the service providers' jurisdiction and include recommendations for improving implementation of the Program.

(Source: P.A. 103-281, eff. 7-28-23.)

(Text of Section after amendment by P.A. 104-457)

Sec. 2.41. Fast-track authority.

(a) The Board may designate select projects in the 5-Year Capital Program to be authorized using a fast-track process to be approved along with the 5-Year Capital Program.

(1) To be considered for fast-track authorization, a project must meet each of the following criteria:

(A) It must have over $250,000,000 in 5-year funding programmed in the 5-Year Capital Program.

(B) It must have demonstrated local support in the affected area, as evidenced by comments at public meetings, letters of support from local officials, survey responses, or similar expressions of support.

(C) It must document benefits from techniques recognized to lower costs, such as the use of itemized costs, standardized designs, or increased in-house staff to manage contracts.

(2) The Board shall hold the following hearings for each fast-track project to demonstrate how the project meets the eligibility criteria before final approval of the 5-Year Capital Program. Before adopting a 5-Year Capital Program with one or more fast-track projects, the Board must meet with and attempt to address concerns raised by (i) the county board president or county executive of each county within which any construction activity for the proposed fast-track projects is to be conducted; (ii) the mayor of Chicago if any fast-track project construction activity may occur within Chicago; and (iii) the Department of Transportation if any fast-track project construction activity will affect highway rights-of-way under State jurisdiction.

(b) Once the Board has presented the fast-track project, the Board may approve its fast-track status as part of the 5-year Capital Program. Upon confirmation of fast-track status, the Authority or the relevant Service Board shall notify the State and any unit of local government or public utility affected by any proposed construction, acquisition, or other activity related to the fast-track project. Any agreements, such as cost-sharing agreements for utility relocation, project betterments, and site access, between the Authority or a Service Board and the State, unit of local government, private or public utilities, or private property owners shall be negotiated and executed before fast-track projects are finalized and construction contracts are executed.

(1) If construction related to the fast-track project will require access to a roadway or right-of-way that is under the jurisdiction of the State or a unit of local government, the Authority shall provide notice to the governmental entity from which the Authority anticipates seeking right-of-way access upon completion of the preliminary plan and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall request access to roadways or right-of-ways, if necessary, from the government entity with jurisdiction over the property. The Authority's request must comply with any existing requirements of the State or unit of local government for access to its roadways or, at minimum, include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work.

Once an access request is received and complete information has been provided, as determined by the State or unit of local government from which the Authority seeks access, the government entity with jurisdiction over the relevant roadway will have 60 days to process and respond to the Authority's request. If the State or unit of local government requires additional information or adjustments to the Authority's plans, it will work with the Authority for an additional 45 days to complete its review. If the State or unit of local government fails or is unable to approve the Authority's request within 120 days, the Authority may report the delay to and seek immediate approval from the relevant representative of the State or unit of local government, which is the Regional Engineer of the Department of Transportation's District 1 Office if the request involves a State roadway; the relevant highway superintendent if the request involves a county roadway; the transportation commissioner if the request involves a municipality; or the chief executive officer of the relevant organization if the requests involves any other local governmental entity.

Upon completion of construction, the Authority shall comply with permit and State or unit of local governmental requirements and restore the roadway to its previous condition, unless otherwise agreed to by the State or unit of local government. The Authority shall provide a survey of the quality of the relevant infrastructure and shall allow the State or unit of local government to inspect the infrastructure. The Authority shall be responsible for any defect in infrastructure or other damage resulting from the Authority's actions. The Authority shall either repair or compensate the State or unit of local government for any damages resulting from the Authority's actions. Unless previously agreed, at no point shall the Authority's use of State or unit of local governmental property be permanent, create a property interest, or affect the jurisdiction of the roadway.

(2) If a fast-track project requires the removal, relocation, or modification of any facility of a public utility, the Authority or the relevant Service Board shall provide reasonable notice to the affected public utility when the need for removal or relocation becomes known and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall provide written notice to each affected public utility of the need to remove, relocate, or modify its facilities. The notice shall include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work. If public utility facilities that are subject to removal or relocation are located within State or county highway rights-of-way, then the Authority may, with the consent of the State or appropriate county highway authority, coordinate with the Department of Transportation or county highway authority, and the removal or relocation shall be subject to the terms of the Illinois Highway Code. Any other utility relocation or removal shall be subject to the terms of subsection (b) of Section 2.21.

Upon receipt of the written notice, the utility shall prioritize the removal or relocation of the facilities and shall coordinate with the Authority or the relevant Service Board to ensure that the removal or relocation is done safely, efficiently, expeditiously, and without compromising the service to the Authority or the relevant Service Board or the public. The taking shall occur by condemnation according to law to the extent that the removal or relocation requires the taking of utility property.

(Source: P.A. 103-281, eff. 7-28-23; 104-457, eff. 6-1-26.)

(70 ILCS 3615/2.42)

Sec. 2.42. Youth and young adults internships and employment. By January 1, 2024, the Suburban Bus Board and the Commuter Rail Board shall create or partner with a youth jobs program to provide internship or employment opportunities to youth and young adults.

(Source: P.A. 103-281, eff. 7-28-23.)