Bill Text: IL SB1232 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Illinois Aeronautics Act. Provides that the Division of Aeronautics of the Department of Transportation shall not render financial assistance in connection with the planning, construction, reconstruction, extension, development, or improvement of hangars or other airport buildings, or in connection with the subsequent operation or maintenance of such air navigation facilities unless such facilities are publicly used, publicly owned, and of public benefit. Provides that "of public benefit" includes aircraft hangars, fixed-based operator buildings, and aircraft maintenance buildings at nonprimary airports included within the State Airport Plan. Includes construction costs as costs eligible for financial assistance by the Division of Aeronautics of the Department of Transportation. Provides that the prohibition on a municipality or political subdivision from directly accepting, receiving, or disbursing any funds granted by the United States under the Airport and Airway Improvement Act of 1982 shall not prohibit any municipality or any political subdivision owning a primary commercial service airport serving at least 10,000 annual enplanements from accepting, receiving, or disbursing funds directly from the federal government. Provides that any federal money awarded to airports in the State under specified federal laws that include project applications approved by the Department where the Department is designated as the agent to accept, receive, and disburse such funds shall also include a State match to the local share of the application for all costs eligible.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0313 [SB1232 Detail]

Download: Illinois-2021-SB1232-Chaptered.html

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Public Act 102-0313
SB1232 Enrolled LRB102 05039 HEP 15058 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Aeronautics Act is amended by
changing Sections 34, 34a, and 38.01 as follows:
(620 ILCS 5/34) (from Ch. 15 1/2, par. 22.34)
Sec. 34. Financial assistance to municipalities and
others. The Department, subject to the provisions of Section
41 of this Act, may render financial assistance in the
planning, construction, reconstruction, extension,
development, and improvement of air navigation facilities
including acquisition of land, rights in land, easements
including avigation easements necessary for clear zones or
clear areas, costs of obstruction removal and airport approach
aids owned, controlled, or operated, or to be owned,
controlled, or operated by municipalities, other political
subdivisions of this State, or privately owned commercially
operated airports in Illinois, out of appropriations made by
the General Assembly for any such purpose. The Department
shall not render such financial assistance in connection with
the planning, construction, reconstruction, extension,
development or improvement of hangars or other airport
buildings, or in connection with the subsequent operation or

maintenance of such air navigation facilities unless such
facilities are for public use, publicly owned, and of public
benefit. As used in this Section, "of public benefit" includes
aircraft hangars, fixed-based operator buildings, and aircraft
maintenance buildings at nonprimary airports included within
the State Airport Plan. The municipality, other political
subdivision, or privately owned commercially operated airports
in Illinois, to which such financial assistance is being
extended by the Department, before such financial assistance
is given, shall satisfy the Department that (a) such air
navigation facility will be owned or effectively controlled,
operated, repaired and maintained adequately during its full
useful life, for the benefit of the public, and (b) in
connection with the operation of such air navigation facility,
during its full useful life, the public will not be deprived of
its rightful, fair, equal and uniform use thereof. The owners
and operators of an airport receiving financial assistance
under this Act must adequately control, operate, repair, and
maintain the airport during its full useful life for the
benefit of the public. The owners and operators of an airport
receiving financial assistance must ensure that the public
will not be deprived of its rightful, fair, equal, and uniform
use of the airport during its full useful life. For the
purposes of this paragraph, the full useful life of an airport
is not less than 20 years after the financial assistance is
received by the owners and operators of the airport. Nothing

in this Section, however, imposes any obligation that is
inconsistent with any judgment, order, injunction, or decree
of any court that was rendered before the effective date of
this amendatory Act of the 92nd General Assembly.
Any commercial airport, in order to qualify under the
provisions of this Section must be included in the State
Airport Plan as prepared or revised from time to time by the
Illinois Department of Transportation. In the case of
commercial public use airports which are not publicly owned
airports, no such development or planning may be proposed
except in connection with reliever airports included in the
current National Airport System Plan.
Improvements to privately owned commercial airports
qualifying under this Section shall be contracted for and
constructed or developed under the supervision or direction of
the Department or such other Department, agency, officer or
employee of this State as the Department may designate.
If a privately owned commercially operated airport
receives assistance under this Section and ceases operations
before the predetermined life of the improvements made with
such assistance, the State shall be reimbursed for the unused
portion of such predetermined life and such claim shall be a
lien on the airport property.
(Source: P.A. 92-341, eff. 8-10-01.)
(620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)

Sec. 34a. Financial assistance under Section 34 may also
include reimbursement to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems (AWOS) financed in whole or in part by State monies.
Costs of constructing or upgrading Automated Weather
Observation Systems prior to the effective date of this
amendatory Act of the 98th General Assembly are eligible for
State reimbursements provided that all required State
procedures were followed at the time the project was approved
by the Department. Financial assistance under Section 34 may
also include reimbursements to eligible airport sponsors for
land acquisition costs directly related to projects financed
either in whole or in part by federal and State monies, and for
engineering and construction costs directly related to
projects financed in whole or in part by State monies;
provided, (1) such engineering, construction, or land
acquisition costs were approved by the Department prior to the
payment of these costs by the airport sponsor, (2) no State or
federal monies have previously been expended for such purposes
on such projects, and (3) no State monies shall be expended as
reimbursement on any project for engineering or land
acquisition unless construction costs for that project are
funded by the State. Approval of engineering, construction, or
land acquisition costs by the Department prior to the payment
of such costs by an airport sponsor shall qualify those costs
for State reimbursement but shall not constitute an obligation

of State funds in consideration of available appropriation and
eligibility of appropriation. Costs of land acquisition by
airport sponsors prior to the effective date of this
amendatory act of 1982 are qualified for State reimbursement
provided all federal and State procedures were followed at the
time of acquisition.
(Source: P.A. 98-215, eff. 8-9-13.)
(620 ILCS 5/38.01) (from Ch. 15 1/2, par. 22.38a)
Sec. 38.01. Project applications.
(a) No municipality or political subdivision in this State
state, whether acting alone or jointly with another
municipality or political subdivision or with the State state,
shall submit any project application under the provisions of
the Airport and Airway Improvement Act of 1982, or any
amendment thereof, unless the project and the project
application have been first approved by the Department. Except
as provided in subsections (b) or (c) below, no No such
municipality or political subdivision shall directly accept,
receive, or disburse any funds granted by the United States
under the Airport and Airway Improvement Act of 1982, but it
shall designate the Department as its agent to accept,
receive, and disburse such funds, provided further, however,
nothing in this Section shall be construed to prohibit the
following:
(1) Any any municipality or any political subdivision

of more than 500,000 inhabitants from disbursing such
funds through its corporate authorities.
(2) Any municipality or any political subdivision
owning a primary commercial service airport serving at
least 10,000 annual enplanements from accepting,
receiving, or disbursing funds directly from the federal
government.
It shall enter into an agreement with the Department
prescribing the terms and conditions of such agency in
accordance with federal laws, rules and regulations and
applicable laws of this State state. This subsection (a) does
not apply to any project application submitted in connection
with the O'Hare Modernization Program as defined in Section 10
of the O'Hare Modernization Act, with O'Hare International
Airport, or with Midway International Airport.
(b) The City of Chicago may submit a project application
under the provisions of the Airport and Airway Improvement Act
of 1982, as now or hereafter amended, or any other federal law
providing for airport planning or development, if the
application is submitted in connection with (i) the O'Hare
Modernization Program as defined in Section 10 of the O'Hare
Modernization Act, (ii) O'Hare International Airport, or (iii)
Midway International Airport; and the City may directly
accept, receive, and disburse any such funds.
(c) Any federal money awarded to airports in the State
under the Airport and Airway Improvement Act of 1982, or any

amendment thereof, that includes project applications approved
by the Department where the Department is designated as the
agent to accept, receive, and disburse such funds shall also
include a State match to the local share of the application for
all costs eligible under the Airport and Airway Improvement
Act of 1982, or any amendment thereof, subject to the
provisions of Section 34 and Section 41 of this Act and
available eligible appropriation.
(Source: P.A. 92-341, eff. 8-10-01; 93-450, eff. 8-6-03.)