2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 740/ - Downstate Public Transportation Act. › Article II - Downstate Public Transportation Assistance

(30 ILCS 740/Art. II heading)
ARTICLE II.  
		DOWNSTATE PUBLIC
TRANSPORTATION ASSISTANCE
(30 ILCS 740/2-1) (from Ch. 111 2/3, par. 662)
Sec. 2-1. 
		
		As used in this Article, unless the context clearly
requires otherwise, the following words and phrases have the meanings ascribed
to them in Sections 2-2.01 through 2-2.07.
(Source: P.A. 82-783.)
(30 ILCS 740/2-2.01) (from Ch. 111 2/3, par. 662.01)
Sec. 2-2.01. 
		"Department" means the Illinois Department of Transportation.
(Source: P.A. 82-783.)
(30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
Sec. 2-2.02. "Participant" means:
(1) a city, village, or incorporated
town, a county, or a local mass transit district organized under the Local Mass Transit
District Act (a) serving an urbanized area of over 50,000 population or (b) serving a nonurbanized area; or
(2) any Metro-East Transit District established
pursuant to Section 3 of the Local Mass Transit District Act and serving one or
more of the Counties of Madison, Monroe, and St. Clair during Fiscal Year 1989,
all located outside the boundaries of the Regional Transportation Authority as
established pursuant to the Regional Transportation Authority Act.
(Source: P.A. 94-70, eff. 6-22-05.)
(30 ILCS 740/2-2.03) (from Ch. 111 2/3, par. 662.03)
Sec. 2-2.03. 
		
		"Operating deficits" means the amount by which eligible
operating expenses exceed revenue from fares, reduced fare
reimbursements, rental of properties,  advertising, and
any other amounts collected and received by a provider of public
transportation, which, under standard accounting practices, are properly
classified as operating revenue or operating income attributable to
providing public  transportation and revenue from any federal financial
assistance received by the  participant to defray operating expenses or
deficits.  For purposes of determining  operating deficits, local effort
from local taxes or its equivalent shall not be included as operating
revenue or operating income.  Provided, however, under the  provisions
of this Act with respect to any operating deficit incurred by any
Metro-East Transit District participant, such operating deficits
shall be limited solely  to those arising out of operations within the
State of Illinois.
(Source: P.A. 86-590.)
(30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
Sec. 2-2.04. "Eligible operating expenses" means all expenses required
for public transportation, including employee wages and benefits,
materials, fuels, supplies, rental of facilities, taxes other than income
taxes, payment made for debt service (including principal and interest) on
 publicly owned equipment or facilities, and any other expenditure which is
an operating expense according to standard accounting practices for the
 providing of public transportation. Eligible operating expenses shall not
include allowances: (a) for depreciation whether funded or unfunded; (b)
for amortization of any intangible costs; (c) for debt service on capital
acquired with the assistance of capital grant funds provided by the State
of Illinois; (d) for profits or return on investment; (e) for excessive
payment to associated entities; (f) for Comprehensive Employment Training
Act expenses; (g) for costs reimbursed under Sections 6 and 8 of the "Urban
Mass Transportation Act of 1964", as amended;  (h) for entertainment
expenses; (i) for charter expenses; (j) for fines and penalties; (k) for
charitable donations; (l) for interest expense on long term borrowing and
debt retirement other than on publicly owned equipment or facilities; (m)
for income taxes; or (n) for such other expenses as the Department may
determine consistent with federal Department of Transportation regulations
or requirements. In consultation with participants, the Department shall, by October 2008, promulgate or update rules, pursuant to the Illinois Administrative Procedure Act, concerning eligible expenses to ensure consistent application of the Act, and the Department shall provide written copies of those rules to all eligible recipients.  The Department shall review this process in the same manner no less frequently than every 5 years.
With respect to participants other than any Metro-East Transit District
participant and those receiving federal research development and demonstration
funds pursuant to Section 6 of the "Urban Mass Transportation Act of 1964",
as amended, during the fiscal year ending June 30, 1979, the maximum eligible
operating expenses for any such participant in any fiscal year after Fiscal
Year 1980 shall be the amount appropriated for such participant for the
fiscal year ending June 30, 1980, plus in each year a 10% increase over
the maximum established for the preceding fiscal year.  For Fiscal Year
1980 the maximum eligible operating expenses for any such participant shall
be the amount of projected operating expenses upon which the appropriation
for such participant for Fiscal Year 1980 is based.
With respect to participants receiving federal research development and
demonstration operating assistance funds for operating assistance pursuant
to Section 6 of the "Urban Mass Transportation Act of 1964", as amended,
during the fiscal year ending June 30, 1979, the maximum eligible operating
expenses for any such participant in any fiscal year after Fiscal Year 1980
shall not exceed such participant's eligible operating expenses for the
fiscal year ending June 30, 1980, plus in each year a 10% increase over
the maximum established for the preceding fiscal year.  For Fiscal Year
1980, the maximum eligible operating expenses for any such participant shall
be the eligible operating expenses incurred during such fiscal year, or
projected operating expenses upon which the appropriation for such participant
for the Fiscal Year 1980 is based; whichever is less.
With respect to all participants other than any Metro-East Transit
District participant, the maximum eligible operating expenses for any such
participant in any fiscal year after Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
shall be the amount
appropriated for such participant for the fiscal year ending June 30, 1985,
plus in each year a 10% increase over the maximum established for the preceding
year.  For Fiscal Year 1985, the maximum eligible operating expenses for
any such participant shall be the amount of projected operating expenses
upon which the appropriation for such participant for Fiscal Year 1985 is
based.
With respect to any mass transit district participant that has increased
its district boundaries by annexing counties since 1998 and is maintaining a
level of local financial support, including all income and revenues, equal to
or greater than the level in the State fiscal year ending June 30, 2001, the
maximum eligible operating expenses for any State fiscal year after 2002 (except State fiscal years
 2006 through 2009) shall
be the amount appropriated for that participant for the State fiscal year
ending June 30, 2002, plus, in each State fiscal year, a 10% increase over the
preceding State fiscal year.  For State fiscal year 2002, the maximum eligible
operating expenses for any such participant shall be the amount of projected
operating expenses upon which the appropriation for that participant for State
fiscal year 2002 is based.  For that participant, eligible operating expenses
for State fiscal year 2002 in excess of the eligible operating expenses for the
State fiscal year ending June 30, 2001, plus 10%, must  be attributed to the
provision of services in the newly annexed counties.
With respect to a participant that receives an initial appropriation in State
fiscal year 2002 or thereafter, the maximum eligible operating expenses for any State fiscal
year after 2003 (except State fiscal years
 2006 through 2009) shall be the amount appropriated for that participant for the
State fiscal year in which it received its initial appropriation, plus, in each year, a 10% increase over
the preceding year.  For the initial State fiscal year in which a participant received an appropriation, the maximum eligible operating
expenses for any such participant shall be the amount of projected operating
expenses upon which the appropriation for that participant for that State fiscal
year is based.
With respect to the District serving primarily the counties of Monroe and St. Clair, beginning July 1, 2005, the St. Clair County Transit District shall no longer be included for new appropriation funding purposes as part of the Metro-East Public Transportation Fund and instead shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall alter the eligibility of that District for previously appropriated funds to which it would otherwise be entitled.
With respect to the District serving primarily Madison County, beginning July 1, 2008, the Madison County Transit District shall no longer be included for new appropriation funding purposes as part of the Metro-East Public Transportation Fund and instead shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund; provided, however, that nothing herein shall alter the eligibility of that District for previously appropriated funds to which it would otherwise be entitled.
With respect to the fiscal year beginning July 1, 2007, and thereafter,  the following shall be included for new appropriation funding purposes as part of the Downstate Public Transportation Fund: Bond County; Bureau County; Coles County; Edgar County; Stephenson County and the City of Freeport; Henry County; Jo Daviess County; Kankakee and McLean Counties; Peoria County; Piatt County; Shelby County; Tazewell and Woodford Counties; Vermilion County; Williamson County; and Kendall County.
(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
(30 ILCS 740/2-2.05) (from Ch. 111 2/3, par. 662.05)
Sec. 2-2.05. "Public Transportation" means the transportation or conveyance of
persons by means available to the general public including groups of the
general public with special needs
(1) within the urbanized area or
(2) in the nonurbanized areas within the service area of each participant
as approved by the Department, except for transportation by automobiles not used for
conveyance of the general public as passengers.
Service in a participant's service area may be provided by either (i)  another eligible participant through an intergovernmental agreement, (ii) a private for-profit operator through a third party contract, or (iii) a private non-profit operator through a pass through agreement or third party contract.
(Source: P.A. 94-70, eff. 6-22-05.)
(30 ILCS 740/2-2.06) (from Ch. 111 2/3, par. 662.06)
Sec. 2-2.06. 
		
		"Fiscal year" means the fiscal year of the State of Illinois from July 1
to the next succeeding June 30 unless the intention is clearly stated to
mean another fiscal year.
(Source: P.A. 82-783.)
(30 ILCS 740/2-2.07) (from Ch. 111 2/3, par. 662.07)
Sec. 2-2.07. 
		
		"Rural Transportation Assistance - Demonstration Project" means the
provision of public transportation service to rural areas in Illinois,
designated by the Department, which are not within the boundaries of a
participant, for the purpose of providing such service on a regular and
continuing basis to the general public with special needs in the rural
areas throughout the State.
(Source: P.A. 82-783.)
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
Sec. 2-3. (a) As soon as possible after the first day of each month,
beginning July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred, and the Treasurer shall
transfer, from the General Revenue Fund to a special fund in the State
Treasury which is hereby created, to be known as the Downstate  Public
Transportation Fund, an amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net revenue
realized from the Retailers' Occupation Tax Act, the Service Occupation Tax Act,
the Use Tax Act, and the Service Use Tax
Act from persons incurring municipal or
county retailers' or service occupation tax liability for the benefit of
any municipality or county located wholly within the boundaries of each
participant, other than any Metro-East Transit District participant
certified pursuant to subsection (c) of this Section during the
preceding month, except that the Department shall pay into the Downstate
Public Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net revenue realized under
the State tax Acts named above within any municipality or county located
wholly within the boundaries of each participant, other than any Metro-East
participant, for tax periods beginning on or after January 1, 1990.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to such Acts during the previous month
from persons incurring municipal or county retailers' or service
occupation tax liability for the benefit of any municipality or county
located wholly within the boundaries of a participant, less the amount
paid out during that same month as refunds or credit memoranda to
taxpayers for overpayment of liability under such Acts for the benefit
of any municipality or county located wholly within the boundaries of a
participant.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (a) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.
(b) As soon as possible after the first day of each month, beginning
July 1, 1989, upon certification of the Department of Revenue, the
Comptroller shall order transferred, and the Treasurer shall transfer, from
the General Revenue Fund to a special fund in the State Treasury which is
hereby created, to be known as the Metro-East Public Transportation Fund,
an amount equal to 2/32 of the net revenue realized, as above, from within
the boundaries of Madison, Monroe, and St. Clair Counties, except that the
Department shall pay into the Metro-East Public Transportation Fund 2/32 of
80% of the net revenue realized under the State tax Acts specified in
subsection (a) of this Section within the boundaries of
Madison, Monroe and St. Clair Counties for tax periods beginning on or
after January 1, 1990.  A local match
equivalent to an amount which could be raised by a tax levy at the rate of
.05% on the assessed value of property within the boundaries of Madison County is required annually to cause a total of 2/32
of the net revenue to be deposited in the Metro-East Public Transportation
Fund.  Failure to raise the required local match annually shall result in
only 1/32 being deposited into the Metro-East Public Transportation Fund
after July 1, 1989, or 1/32 of 80% of the net revenue realized for tax
periods beginning on or after January 1, 1990.
(b-5) As soon as possible after the first day of each month, beginning July 1, 2005, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, from the General Revenue Fund to the Downstate Public Transportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries of Monroe and St. Clair Counties under the State Tax Acts specified in subsection (a) of this Section and provided further that, beginning July 1, 2005, the provisions of subsection (b) shall no longer apply with respect to such tax receipts from Monroe and St. Clair Counties.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (b-5) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.
(b-6) As soon as possible after the first day of each month, beginning July 1, 2008, upon certification by the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer, from the General Revenue Fund to the Downstate Public Transportation Fund, an amount equal to 3/32 of 80% of the net revenue realized from within the boundaries of Madison County under the State Tax Acts specified in subsection (a) of this Section and provided further that, beginning July 1, 2008, the provisions of subsection (b) shall no longer apply with respect to such tax receipts from Madison County.
Notwithstanding any provision of law to the contrary, beginning on July 6, 2017 (the effective date of Public Act 100-23), those amounts required under this subsection (b-6) to be transferred by the Treasurer into the Downstate Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Downstate Public Transportation Fund as the revenues are realized from the taxes indicated.
(b-7) Beginning July 1, 2018, notwithstanding the other provisions of this Section, instead of the Comptroller making monthly transfers from the General Revenue Fund to the Downstate Public Transportation Fund, the Department of Revenue shall deposit the designated fraction of the net revenue realized from collections under the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Use Tax Act, and the Service Use Tax Act directly into the Downstate Public Transportation Fund.
(c) The Department shall certify to the Department of Revenue the
eligible participants under this Article and the territorial boundaries
of such participants for the purposes of the Department of Revenue in
subsections (a) and (b) of this Section.
(d) For the purposes of this Article, beginning in fiscal year 2009 the General Assembly shall appropriate
an amount from the Downstate Public Transportation Fund equal to the sum total of funds projected to be paid to the
participants pursuant to Section 2-7. If the General Assembly fails to make appropriations sufficient to cover the amounts projected to be paid pursuant to Section 2-7, this Act shall constitute an irrevocable and continuing appropriation from the Downstate Public Transportation Fund of all amounts necessary for those purposes.
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) For State fiscal year 2020 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2020 shall be reduced by 5%.
(i)   For State fiscal year 2021 only, notwithstanding any provision of law to the contrary, the total amount of revenue and deposits under this Section attributable to revenues realized during State fiscal year 2021 shall be reduced by 5%.
(j) Commencing with State fiscal year 2022 programs, and for each fiscal year thereafter, all appropriations made under the provisions of this Act shall not constitute a grant program subject to the requirements of the Grant Accountability and Transparency Act. The Department shall approve programs of proposed expenditures and services submitted by participants under the requirements of Sections 2-5 and 2-11.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 102-626, eff. 8-27-21.)
(30 ILCS 740/2-4) (from Ch. 111 2/3, par. 664)
Sec. 2-4. 
The Department shall establish forms for the reporting
of projected and actual operating deficits and expenses and other required
information by the participants, and has the power to promulgate rules and
regulations for the filing of such reports within the limitations set out
in Sections 2-5, 2-6 and 2-7. Each participant shall be governed by the rules and regulations established under this Section.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-5) (from Ch. 111 2/3, par. 665)
Sec. 2-5. Applications.
(a) Through State fiscal year 2021, each participant making application for grants pursuant to this Article
shall submit to the Department at the time of making such application,
on forms provided by the Department: (1) an estimate of projected
operating deficits and a separate statement of eligible
operating
expenses and an estimate of all projected operating income or revenues;
and (2) a program of proposed expenditures; all such submittals to be
for the period of such grant. The program of proposed expenditures shall
be directly related to the operation, maintenance or improvement of an
existing system of public transportation serving the residents of the
participant, and shall include the proposed expenditures for eligible
operating expenses.
For Fiscal Year 1980 grant applications shall be submitted to the Department
within 60 days of the effective date of this amendatory Act of 1979.  Beginning
with Fiscal Year 1981 and thereafter, grant applications shall be submitted
to the Department by April 1 of the preceding fiscal year.
(b)  For Fiscal Year 2022 applications for funding, and for each fiscal year thereafter, each participant making application for funding shall submit to the Department by April 1 of the preceding fiscal year, a program of proposed expenditures and services on forms provided by the Department, consisting of the following information: (1) an estimate of projected operating deficits and a separate statement of eligible operating expenses and an estimate of all projected operating income or revenues; and (2) a program of proposed expenditures and services; all such submittals to be for the period of such project. The program of proposed expenditures and services shall be directly related to the operation, maintenance, or improvement of an existing system of public transportation serving the residents of the participant, and shall include the proposed expenditures and services for eligible operating expenses.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-5.1)
Sec. 2-5.1. Additional requirements.
(a) Through State fiscal year 2021, any unit of local government that becomes a participant on or after the effective date of this amendatory Act of the 94th General Assembly shall, in addition to any other requirements under this Article, meet all of the following requirements when applying for grants under this Article:
(1) The grant application  must demonstrate the     participant's plan to provide general public transportation with an emphasis on persons with disabilities and elderly and economically disadvantaged populations.
(2) The grant application must demonstrate the     participant's plan for interagency coordination that, at a minimum, allows the participation of all State-funded and federally-funded agencies and programs with transportation needs in the proposed service area in the development of the applicant's public transportation program.
(3) Any participant serving a nonurbanized area that     is  not receiving Federal Section 5311 funding must meet the operating and safety compliance requirements as set forth in that federal program.
(4) The participant is  required to hold public     hearings to allow comment on the proposed service plan in all municipalities with populations of 1,500 inhabitants or more within the proposed service area.
(a-5) Any unit of local government that becomes a participant on or after the effective date of this amendatory Act of the 102nd General Assembly shall, in addition to any other requirements under this Article, meet all of the following requirements when applying for the approval of the program of proposed expenditures and services under this Article:
(1) The program of proposed expenditures and services     must demonstrate the participant's plan to provide general public transportation with an emphasis on persons with disabilities and elderly and economically disadvantaged populations.
(2) The program of proposed expenditures and services     must demonstrate the participant's plan for interagency coordination that, at a minimum, allows the participation of all State-funded and federally-funded agencies and programs with transportation needs in the proposed service area in the development of the applicant's public transportation program.
(3) Any participant serving a non-urbanized area that     is not receiving Federal Section 5311 Program funding must meet the operating and safety compliance requirements as set forth in that federal program.
(4) The participant is required to hold public     hearings to allow comment on the proposed service plan in all municipalities with populations of 1,500 inhabitants or more within the proposed service area.
(b) Service extensions by any participant after July 1, 2005 by either annexation or intergovernmental agreement must meet the 4 requirements of subsection (a).
(c) In order to receive funding, the Department shall certify that the participant has met the requirements of this Section. Funding priority shall be given to service extension, multi-county, and multi-jurisdictional projects.
(d) The Department shall develop an annual application process for existing or potential participants to request an initial appropriation or an appropriation exceeding the formula amount  found in subsection (b-10) of Section  2-7 for funding service in new areas in the next fiscal year.    The application shall include, but not be limited to,  a description of the new service area, proposed service in the new area, and a budget for providing existing and new service.  The Department shall review the application for reasonableness and compliance with the requirements of this Section, and, if it approves the application, shall recommend to the Governor an appropriation for the next fiscal year in an amount sufficient to provide 65%  of projected eligible operating expenses associated with a new participant's service area or the portion of an existing participant's service area that has been expanded by annexation or intergovernmental agreement.  The recommended appropriation for the next fiscal year may exceed the formula amount found in subsection (b-10) of Section 2-7.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
Sec. 2-6. Allocation of funds.
(a) With respect to all participants other
than any Metro-East
Transit District participant, the Department shall allocate the funds to be
made available to each participant under this Article for the following
fiscal year and shall notify the chief official of each participant not
later than the first day of the fiscal year of this amount. For Fiscal Year
1975, notification shall be made not later than January 1, 1975, of the
amount of such allocation. In determining the allocation for each
participant, the Department shall estimate the funds available to the
participant from the Downstate Public Transportation Fund for the purposes
of this Article during the succeeding fiscal year, and shall allocate to
each participant the amount attributable to it which shall be the amount
paid into the Downstate Public Transportation Fund under Section 2-3 from
within its boundaries.  Said allocations may be exceeded for participants
receiving assistance equal to one-third of their eligible
operating expenses, only if an allocation is less than one-third of such
participant's eligible operating expenses, provided, however, that no other
participant is denied its one-third of eligible operating expenses. Beginning
in Fiscal Year 1997, said allocation may be exceeded for
participants receiving
assistance equal to the percentage of their eligible operating
expenses provided for in paragraph (b) of Section 2-7, only if
allocation is less than the percentage of such participant's
eligible operating expenses provided for in paragraph (b) of Section 2-7,
provided however, that no other participant is denied its percentage
of eligible
operating expenses.
(b) With regard to any Metro-East Transit District organized under the
Local Mass Transit District Act and serving one or more of the Counties of
Madison, Monroe and St. Clair during Fiscal Year 1989, the Department shall
allocate the funds to be made available to each participant for the
following and succeeding fiscal years and shall notify the chief official
of each participant not later than the first day of the fiscal year of this
amount.  Beginning July 1, 2005, and ending June 30, 2008, the Department shall allocate the amount paid into the
Metro-East Public Transportation Fund to the District
serving primarily the County of Madison.
(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
(30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
Sec. 2-7. Quarterly reports; annual audit.
(a) Any Metro-East Transit District participant shall, no
later than 60 days following the end of each quarter
of any fiscal year, file
with the Department on forms provided by the Department for that purpose, a
report of the actual operating deficit experienced during that quarter.  The
Department shall, upon receipt of the quarterly report, determine whether
the operating  deficits were incurred in conformity with
the program of proposed expenditures and services approved by the Department pursuant to
Section 2-11.  Any Metro-East District may either monthly or quarterly for
any fiscal year file a request for the participant's eligible share, as
allocated in accordance with Section 2-6, of the amounts transferred into the
Metro-East Public Transportation Fund.
(b) Each participant other than any Metro-East Transit District
participant shall, 30 days before the end of each quarter, file with the
Department
on forms provided by the Department for such purposes a report of the projected
eligible operating expenses to be incurred in the next quarter and 30 days
before the third and fourth quarters of any fiscal year a statement of actual
eligible operating expenses incurred in the preceding quarters.  Except as otherwise provided in subsection (b-5), within

45 days of receipt by the Department of such quarterly report, the Comptroller
shall order paid and the Treasurer shall pay from the Downstate Public
Transportation Fund to each participant an amount equal to one-third of
such participant's eligible operating expenses; provided, however, that in
Fiscal Year 1997, the amount paid to each participant from the
Downstate Public Transportation Fund shall be an amount equal to 47% of
such participant's eligible operating expenses and shall be increased to 49%
in Fiscal Year 1998, 51% in Fiscal Year 1999, 53% in Fiscal Year 2000, 55%
in Fiscal Years
 2001 through 2007, and 65% in Fiscal Year 2008 and thereafter; however, in any year that a participant
receives funding under subsection (i) of Section 2705-305 of the Department of
Transportation Law (20 ILCS 2705/2705-305), that participant shall be eligible
only for assistance equal to the following percentage of its eligible operating
expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and thereafter.  Any
such payment for the third and fourth quarters of any fiscal year shall be
adjusted to reflect
actual eligible operating expenses for preceding quarters of such fiscal
year. However, no participant shall receive an amount less than that which
was received in the immediate prior year, provided in the event of a
shortfall in the fund those participants receiving less than their full
allocation pursuant to Section 2-6 of this Article shall be the first
participants to receive an amount not less than that received in the
immediate prior year.
(b-5) (Blank).
(b-10) On July 1, 2008, each participant shall receive an appropriation in an amount equal to 65% of its fiscal year 2008 eligible operating expenses adjusted by the annual 10% increase required by Section 2-2.04 of this Act.  In no case shall any participant receive an appropriation that is less than its fiscal year 2008 appropriation.  Every fiscal year thereafter, each participant's appropriation shall increase by 10% over the appropriation established for the preceding fiscal year as required by Section 2-2.04 of this Act.
(b-15) Beginning on July 1, 2007, and for each fiscal year thereafter, each participant shall maintain a minimum local share contribution (from farebox and all other local revenues) equal to the actual amount provided in Fiscal Year 2006 or, for new recipients, an amount equivalent to the local share provided in the first year of participation.
The local share contribution shall be reduced by an amount equal to the total amount of lost revenue for services provided under Section 2-15.2  and Section 2-15.3 of this Act.
(b-20) Any participant in the Downstate Public Transportation Fund may use State operating assistance funding pursuant to this Section to provide transportation services within any county that is contiguous to its territorial boundaries as defined by the Department and subject to Departmental approval.  Any such contiguous-area service provided by a participant after July 1, 2007 must meet the requirements of subsection (a) of Section 2-5.1.
(c) No later than 180 days following the last day of the participant's Fiscal Year each
participant shall provide the Department with an audit prepared by a Certified
Public Accountant covering that Fiscal Year.  For those participants other than a Metro-East Transit
District, any discrepancy between the funds paid and the
percentage of the eligible operating expenses provided for by paragraph
(b) of this Section shall be reconciled by appropriate payment or credit.
In the case of any Metro-East Transit District, any amount of payments from
the Metro-East Public Transportation Fund which exceed the eligible deficit
of the participant shall be reconciled by appropriate payment or credit.
(d) Upon the Department's final reconciliation determination that
identifies a discrepancy between the Downstate Operating
Assistance Program funds paid and the percentage of the eligible
operating expenses which results in a reimbursement payment due
to the Department, the participant shall remit the reimbursement
payment to the Department no later than 90 days after written
notification.
(e) Funds received by the Department from participants for
reimbursement as a result of an overpayment from a prior State
fiscal year shall be deposited into the Downstate Public
Transportation Fund in the fiscal year in which they are received
and all unspent funds shall roll to following fiscal years.
(f) Upon the Department's final reconciliation determination that
identifies a discrepancy between the Downstate Operating
Assistance Program funds paid and the percentage of the eligible
operating expenses which results in a reimbursement payment due
to the participant, the Department shall remit the reimbursement
payment to the participant no later than 90 days after written
notifications.
(Source: P.A. 102-626, eff. 8-27-21; 102-790, eff. 1-1-23; 103-154, eff. 6-30-23.)
(30 ILCS 740/2-9) (from Ch. 111 2/3, par. 669)
Sec. 2-9. 
Each program of proposed expenditures and services shall, in the case of a system
of public transportation owned and operated by a participant, undertake
to meet operating deficits directly. The purchase of service agreements with a provider of public transportation services shall constitute an eligible expense.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-10) (from Ch. 111 2/3, par. 670)
Sec. 2-10. Cooperative projects. Nothing in this Act shall prohibit any participant from including in a
program of proposed expenditures and services funding for a portion of a cooperative
public transportation project or purpose, the total cost of which is shared
among one or more other participants or other financial contributors, as
long as the residents of the participant are served by any such project or
purpose.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-11) (from Ch. 111 2/3, par. 671)
Sec. 2-11. 
The Department shall
review and approve or disapprove within 45 days of receipt each program
of proposed expenditures and services submitted by any participant. Notwithstanding the above, in the event the Department is prevented from processing applications or certifying that a participant meets the requirements of this Section due to extraordinary circumstances beyond its control, the certification deadline for that application shall be stayed until the Department is able to process and certify the same.  Notice from the Department, as well as an explanation of the extraordinary circumstances, shall be provided to each participant affected by such delay. The Department may disapprove a
program of proposed expenditures and services or portions thereof only for the
following reasons:
(a) A finding that expenditures are proposed for     projects or purposes which are not in compliance with Section 2-5; or
(b) A finding that expenditures are proposed for     projects or purposes which are in conflict with established comprehensive transportation plans for a participant or a region of which it is a part; or
(c) In Fiscal Year 1980, with regard to the     participants which have not received State operating assistance prior to the effective date of this amendatory Act of 1979, a finding by the Department that a proposed program submitted by such participant or any portion thereof is not in the public interest in that levels or kinds of service proposed exceeds the reasonable needs of the community served by such participant as demonstrated in the transportation development plan for such community or other studies and information available to the Department.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-12) (from Ch. 111 2/3, par. 672)
Sec. 2-12. Disapproval of program. Upon disapproval of any program of proposed expenditures and services, the Department
shall so notify the chief official of the participant having submitted such
program, setting forth in detail the reasons for such disapproval.
Thereupon, any such participant shall have 45 days from the date of receipt
of such notice of disapproval by the Department to submit to the Department
one or more amended programs of proposed expenditures and services.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-13) (from Ch. 111 2/3, par. 673)
Sec. 2-13. Review
of amended programs.
The Department shall review each amended program of proposed
expenditures and services submitted to it pursuant to the provisions of Section 2-12 and
may disapprove any such amended program of proposed expenditures and services only for
the reasons and in the same fashion set forth in Section 2-11.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-14) (from Ch. 111 2/3, par. 674)
Sec. 2-14. Grants.
(a) Upon a determination by the Department that any initial or amended
program of proposed expenditures is in compliance with the provisions of
this Act, and upon approval thereof, the Department shall enter into one or
more grant agreements with and shall make grants to that participant as
necessary to implement the adopted program of expenditures.
(b) All grants by the Department pursuant to this Act shall be
administered upon such conditions as the Secretary of Transportation shall
determine, consistent with the provisions and purpose of this Act.
(c) For State fiscal year 2022 or any fiscal year thereafter, upon a determination by the Department that any initial or amended program of proposed expenditure is in compliance with the provisions of this Act, and upon approval thereof, the Department shall enter into one or more agreements with the participant and shall obligate for payment to that participant as necessary to implement the adopted program of expenditure.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
Sec. 2-15. Residual fund balance.
(a) Except as otherwise provided in this Section,
all funds which remain in the Downstate Public Transportation Fund or the
Metro-East Public Transportation Fund after the payment of the fourth quarterly
payment to participants other than Metro-East Transit District
participants and the last monthly payment to Metro-East Transit
participants in each fiscal year shall be transferred (i) to the
General Revenue Fund through fiscal year 2008 and (ii) to the Downstate Transit Improvement Fund for fiscal year 2009 and each fiscal year thereafter. Transfers shall be made no later than 90 days following the end of such fiscal
year.  Beginning fiscal year 2010, all moneys each year in the Downstate Transit Improvement Fund, held solely for the benefit of the participants in the Downstate Public Transportation Fund and shall be appropriated to the Department to make competitive capital grants to the participants of the respective funds. However, such amount as the Department determines to be necessary
for (1) allocation to participants for the purposes of Section 2-7 for
the first quarter of the succeeding fiscal year and (2) an amount equal to
2% of the total allocations to participants in the fiscal year just ended
to be used for the purpose of audit adjustments shall be retained in such
Funds to be used by the Department for such purposes.
(b) Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2011, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Metro East Public Transportation Fund into the General Revenue Fund. Upon completion of the transfers, the Metro East Public Transportation Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the General Revenue Fund.
(Source: P.A. 97-72, eff. 7-1-11.)
(30 ILCS 740/2-15.1) (from Ch. 111 2/3, par. 676)
Sec. 2-15.1. 
		
		Beginning July 1, 1992, every participant, as defined in
Section 2-2.02 (1)(a), shall require all gasoline burning motor vehicles
operated under its jurisdiction to use, if capable, fuel containing ethanol
blended gasoline.
(Source: P.A. 87-373.)
(30 ILCS 740/2-15.2)
Sec. 2-15.2. Free services; eligibility.
(a) Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly and until subsection (b) is implemented, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, every participant, as defined in Section 2-2.02 (1)(a), shall be provided without charge to all senior citizen residents of the participant aged 65 and older, under such conditions as shall be prescribed by the participant.
(b) Notwithstanding any law to the contrary, no later than 180 days following the effective date of this amendatory Act of the 96th General Assembly, but only through State fiscal year 2021, any fixed route public transportation services provided by, or under grant or purchase of service contracts of, every participant, as defined in Section 2-2.02 (1)(a), shall be provided without charge to  senior citizens aged 65 and older 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 the participant. 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.  Nothing in this Section shall relieve the participant from providing reduced fares as may be required by federal law.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-15.3)
Sec. 2-15.3. Transit services for individuals with disabilities.
Notwithstanding any law to the contrary, no later than 60 days following the effective date of this amendatory Act of the 95th General Assembly, but only through State fiscal year 2021, all fixed route public transportation services provided by, or under grant or purchase of service contract of, any participant shall be provided without charge to all persons with disabilities 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 procedures as shall be prescribed by the participant. 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.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-16) (from Ch. 111 2/3, par. 677)
Sec. 2-16. 
		
		(a) Pursuant to appropriation therefor, the Department may enter
into grant agreements with and make grants to counties and any private nonprofit
corporation providing public transportation services and receiving Rural
Highway Public Transportation Demonstration Program Funds from the federal Department of
Transportation during the Fiscal Year ending June 30, 1979, for operating
deficits incurred in providing public transportation to
rural areas. Such program of grants shall be known as the Rural
Highway Public Transportation Assistance-Demonstration Project. Grants made pursuant to
this Section shall be made only in connection with grants from the
Federal government or any department or agency thereof.
(b) No grants may be made by the Department pursuant to this Section for
costs incurred for providing public
transportation services, routes or projects prior to July 1, 1979.
(c) No county board or private nonprofit corporation shall be reimbursed
for public transportation
operations which interfere with or which are in competition with
existing public transportation service.
(Source: P.A. 82-783.)
(30 ILCS 740/2-17) (from Ch. 111 2/3, par. 678)
Sec. 2-17. County authorization to provide public
transportation and to receive funds from appropriations to apply for funding in connection therewith.
(a) Any county or counties may, by ordinance, operate or otherwise
provide for public transportation within such county or counties. In order
to so provide for such public transportation, any county or counties may
enter into agreements with any individual, corporation or other person or
private or public entity to operate or otherwise assist in the provision of
such public transportation services. Upon the execution of an agreement for
the operation of such public transportation, the operator shall file 3
copies of such agreement certified by the clerk of the county executing the
same with the Illinois Commerce Commission. Thereafter the Illinois
Commerce Commission shall enter an order directing compliance by the
operator with the provisions of Sections 55a and 55b of "An Act concerning
public utilities", approved June 28, 1921, as amended.
(b) Any county may apply for, accept and expend moneys, loans or other
funds from the State of Illinois or any department or agency thereof, from
any unit of local government, from the federal government or any department
or agency thereof, or from any other person or entity, for use in
connection with any public transportation provided pursuant to this Section.
(Source: P.A. 102-626, eff. 8-27-21.)
(30 ILCS 740/2-18) (from Ch. 111 2/3, par. 680)
Sec. 2-18. 
		Exemption from regulation. 
		Rural transportation assistance-demonstration projects shall not be
subject to regulation by the Illinois Commerce Commission except as
provided by paragraph (a) of Section 2-17 of this Act.
(Source: P.A. 82-783.)