Bill Text: IL HB3438 | 2025-2026 | 104th General Assembly | Engrossed

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Bill Title: Amends the Regional Transportation Authority Act. Changes the short title of the Regional Transportation Authority Act to the Northern Illinois Transit Authority Act. Creates the Northern Illinois Transit Authority. Makes changes in provisions concerning: legislative findings; meanings of defined terms; allocation of responsibility for public transportation; strategic planning; capital programming; service planning; performance audits; operational requirements; fares; pedestrian access to transit; extraterritorial powers of the Authority; research and development; protection of the environment; zero-emission buses; enforcement of traffic laws; establishment of the NITA Law Enforcement Task Force; crime prevention programming; the establishment of the Office of Transit Safety and Experience; the establishment of Coordinated Safety Response Councils; safety standards and investments in safety; bus shields; prioritization of capital projects; fast-track project authorization; transit-supportive development; transit ambassadors; and other matters. Changes the short title of the Metropolitan Transit Authority Act to the Chicago Transit Authority Act. Makes changes concerning: the powers and duties of the Chicago Transit Authority and its interactions with the Northern Illinois Transit Authority; governance of the Chicago Transit Authority; and the operating budget of the Chicago Transit Authority. Repeals various provisions. Creates the Sustainable Transit for Northern Illinois Act. Provides that, except in certain circumstances, a unit of local government may not impose or enforce any minimum automobile parking requirements on a development project if the project is located within one-half mile of a public transportation hub. Limits home rule powers. Creates the Electric Vehicle Charging Fee Act. Provides that, beginning on January 1, 2026, a fee is imposed on the privilege of engaging in business as an electric vehicle power provider in this State. Creates the Retail Delivery Climate Impact Fee Act. Provides that, on and after January 1, 2026, a climate impact fee of $1.50 is imposed on each retail delivery that meets specified conditions. Provides that the Department of Transportation shall establish an Interagency Coordinating Committee on Transit Innovation, Integration, and Reform. Amends the Regional Transportation Authority Act. Changes the short title of the Regional Transportation Authority Act to the Northern Illinois Transit Authority Act. Creates the Northern Illinois Transit Authority. Makes changes in provisions concerning: legislative findings; meanings of defined terms; allocation of responsibility for public transportation; strategic planning; capital programming; service planning; performance audits; operational requirements; fares; pedestrian access to transit; extraterritorial powers of the Authority; research and development; protection of the environment; zero-emission buses; enforcement of traffic laws; establishment of the NITA Law Enforcement Task Force; crime prevention programming; the establishment of the Office of Transit Safety and Experience; the establishment of Coordinated Safety Response Councils; safety standards and investments in safety; bus shields; prioritization of capital projects; fast-track project authorization; transit-supportive development; transit ambassadors; and other matters. Changes the short title of the Metropolitan Transit Authority Act to the Chicago Transit Authority Act. Makes changes concerning: the powers and duties of the Chicago Transit Authority and its interactions with the Northern Illinois Transit Authority; governance of the Chicago Transit Authority; and the operating budget of the Chicago Transit Authority. Repeals various provisions. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Adds provisions concerning, among other things, the Transit Integration Policy Development Committee and the Transit Coordination Oversight Officer. Amends the Local Mass Transit District Act. Makes changes concerning transit-supportive development and trail-supportive development. Makes conforming and other changes in various other Acts. Effective immediately.

Sponsorship: Partisan Bill (Democrat 20)

Status: (Engrossed - Dead) 2025-08-04 - Removed Co-Sponsor Rep. Katie Stuart [HB3438 Detail]

Download: Illinois-2025-HB3438-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-590 as follows:
(20 ILCS 2705/2705-590)
Sec. 2705-590. Roadbuilding criteria; life-cycle cost
analysis.
(a) As used in this Section, "life-cycle cost" means the
total of the cost of the initial project plus all anticipated
future costs over the life of the pavement. Actual, relevant
data, and not assumptions or estimates, shall be used to the
extent such data has been collected.
(b) The Department shall develop and implement a
life-cycle cost analysis for each State new construction,
reconstruction, or replacement road project under its
jurisdiction for which the total pavement costs exceed
$500,000 funded in whole, or in part, with State or
State-appropriated funds. State rehabilitation and
preservation projects shall be exempt from this requirement.
The Department shall design and award these paving projects
utilizing material having the lowest life-cycle cost. All

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pavement design life shall ensure that State and
State-appropriated funds are utilized as efficiently as
possible. When alternative material options are substantially
equivalent on a life-cycle cost basis, the Department may make
a decision based on other criteria. At the discretion of the
Department, interstate highways with high traffic volumes or
experimental projects may be exempt from this requirement.
(c) Except as otherwise provided in this Section, a
life-cycle cost analysis shall compare equivalent designs
based upon this State's actual historic project schedules and
costs as recorded by the pavement management system, and may
include estimates of user costs throughout the entire pavement
life.
(d) For pavement projects for which this State has no
actual historic project schedules and costs as recorded by the
pavement management system, the Department may use actual
historical and comparable data for equivalent designs from
states with similar climates, soil structures, or vehicle
traffic.
(Source: P.A. 96-715, eff. 8-25-09; 96-1000, eff. 7-2-10.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-101-3 as follows:
(65 ILCS 5/11-101-3)
Sec. 11-101-3. Noise mitigation; air quality.

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(a) A municipality that has implemented a Residential
Sound Insulation Program to mitigate aircraft noise shall
perform indoor air quality monitoring and laboratory analysis
of windows and doors installed pursuant to the Residential
Sound Insulation Program to determine whether there are any
adverse health impacts associated with off-gassing from such
windows and doors. Such monitoring and analysis shall be
consistent with applicable professional and industry
standards. The municipality shall make any final reports
resulting from such monitoring and analysis available to the
public on the municipality's website. The municipality shall
develop a science-based mitigation plan to address significant
health-related impacts, if any, associated with such windows
and doors as determined by the results of the monitoring and
analysis. In a municipality that has implemented a Residential
Sound Insulation Program to mitigate aircraft noise, if
requested by the homeowner pursuant to a process established
by the municipality, which process shall include, at a
minimum, notification in a newspaper of general circulation
and a mailer sent to every address identified as a recipient of
windows and doors installed under the Residential Sound
Insulation Program, the municipality shall replace all windows
and doors installed under the Residential Sound Insulation
Program in such homes where one or more windows or doors have
been found to have caused offensive odors. Subject to
appropriation, the municipality shall replace windows and

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doors in at least 750 residences a year. Residents who altered
or modified a replacement window or accepted a replacement
screen for the window shall not be disqualified from
compensation or future services. Only those homeowners who
request that the municipality perform an odor inspection as
prescribed by the process established by the municipality
within 6 months of notification being published and mailers
being sent shall be eligible for odorous window and odorous
door replacement. Residents who are eligible to receive
replacement windows shall be allowed to choose the color and
type of replacement window. For purposes of aiding in the
selection of such replacement windows, a showcase and display
of available replacement window types shall be established and
located at Chicago Midway International Airport. Homes that
have been identified by the municipality as having odorous
windows or doors are not required to make said request to the
municipality. The right to make a claim for replacement and
have it considered pursuant to this Section shall not be
affected by the fact of odor-related claims made or
odor-related products received pursuant to the Residential
Sound Insulation Program prior to June 5, 2019 (the effective
date of this Section). The municipality shall also perform
in-home air quality testing in residences in which windows and
doors are replaced under this Section. In order to receive
in-home air quality testing, a homeowner must request such
testing from the municipality, and the total number of homes

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tested in any given year shall not exceed 25% of the total
number of homes in which windows and doors were replaced under
this Section in the prior calendar year.
(b) An advisory committee shall be formed, composed of the
following: (i) 2 members of the municipality who reside in
homes that have received windows or doors pursuant to the
Residential Sound Insulation Program and have been identified
by the municipality as having odorous windows or doors,
appointed by the Secretary of Transportation; (ii) one
employee of the Aeronautics Division of the Department of
Transportation who shall only cast votes when breaking a tie;
(iii) 2 employees of the municipality that implemented the
Residential Sound Insulation Program in question; and (iv) 2
members appointed by the Speaker of the House of
Representatives, 2 members appointed by the President of the
Senate, one member appointed by the Minority Leader of the
House of Representatives, and one member appointed by the
Minority Leader of the Senate. The advisory committee shall
determine by majority vote which homes contain windows or
doors that cause offensive odors and thus are eligible for
replacement, shall promulgate a list of such homes, and shall
develop recommendations as to the order in which homes are to
receive window replacement. The recommendations shall include
reasonable and objective criteria for determining which
windows or doors are odorous, consideration of the date of
odor confirmation for prioritization, severity of odor,

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geography and individual hardship, and shall provide such
recommendations to the municipality. The advisory committee
shall develop a process in which homeowners can demonstrate
extreme hardship. As used in this subsection, "extreme
hardship" means: liquid infiltration of the window or door;
health and medical condition of the resident; and residents
with sensitivities related to smell. At least 10% of the homes
receiving a replacement in a year shall be homes that have
demonstrated extreme hardship. The advisory committee shall
compile a report demonstrating: (i) the number of homes in
line to receive a replacement; (ii) the number of homes that
received replacement windows or doors, or both; (iii) the
number of homes that received financial compensation instead
of a replacement; and (iv) the number of homes with confirmed
mechanical issues. Until December 31, 2022, the report shall
be compiled monthly, after December 31, 2022, the report shall
be complied quarterly. The advisory committee shall accept all
public questions and furnish a written response within 2
business days. The advisory committee shall comply with the
requirements of the Open Meetings Act. The Chicago Department
of Aviation shall provide administrative support to the
committee. The municipality shall consider the recommendations
of the committee but shall retain final decision-making
authority over replacement of windows and doors installed
under the Residential Sound Insulation Program, and shall
comply with all federal, State, and local laws involving

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procurement. A municipality administering claims pursuant to
this Section shall provide to every address identified as
having submitted a valid claim under this Section a quarterly
report setting forth the municipality's activities undertaken
pursuant to this Section for that quarter. However, the
municipality shall replace windows and doors pursuant to this
Section only if, and to the extent, grants are distributed to,
and received by, the municipality from the Sound-Reducing
Windows and Doors Replacement Fund for the costs associated
with the replacement of sound-reducing windows and doors
installed under the Residential Sound Insulation Program
pursuant to Section 6z-20.1 of the State Finance Act. In
addition, the municipality shall revise its specifications for
procurement of windows for the Residential Sound Insulation
Program to address potential off-gassing from such windows in
future phases of the program. A municipality subject to the
Section shall not legislate or otherwise regulate with regard
to indoor air quality monitoring, laboratory analysis or
replacement requirements, except as provided in this Section,
but the foregoing restriction shall not limit said
municipality's taxing power.
(c) A home rule unit may not regulate indoor air quality
monitoring and laboratory analysis, and related mitigation and
mitigation plans, in a manner inconsistent with this Section.
This Section is a limitation of home rule powers and functions
under subsection (i) of Section 6 of Article VII of the

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Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(d) This Section shall not be construed to create a
private right of action.
(Source: P.A. 102-558, eff. 8-20-21; 102-678, eff. 12-10-21;
103-200, eff. 6-30-23.)
Section 15. The Illinois Vehicle Code is amended by
changing Section 11-411 as follows:
(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Crash report electronic submission
requirements forms.
(a) The Administrator must prepare and upon request supply
to police departments, sheriffs and other appropriate agencies
or individuals, the requirements for electronically submitting
forms for written crash reports as required hereunder,
suitable with respect to the persons required to make such
reports and the purposes to be served. The written reports
must call for sufficiently detailed information to disclose
with reference to a vehicle crash the cause, conditions then
existing, and the persons and vehicles involved or any other
data concerning such crash that may be required for a complete
analysis of all related circumstances and events leading to
the crash or subsequent to the occurrence.
(b) Every crash report required to be made in writing must

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be electronically submitted to the Administrator using an
electronic format approved by the Administrator made on an
approved form or in an approved electronic format provided by
the Administrator and must contain all the information
required therein unless that information is not available. The
Department shall adopt any rules necessary to implement this
subsection (b).
(c) Should special crash studies be required by the
Administrator, the Administrator may provide the supplemental
forms for the special studies.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 99. Effective date. This Section and Sections 5
and 10 take effect upon becoming law; Section 15 takes effect
January 1, 2027.