Illinois State Toll Highway Authority - Criticism

Criticism

The ISTHA and the Toll Highway System in Illinois have undergone much criticism since the 1980s. Construction of the North–South Tollway (I-355) was delayed, in part, due to a dispute with the Morton Arboretum in Lisle, Illinois. Original plans for this toll highway would have seen it constructed through the middle of land belonging to the Arboretum, and closer to the existing Illinois Route 53. Construction on other projects has also been delayed, mostly through protests by area residents.

The ISTHA located its headquarters near the intersection of Interstates 88 and 355, in Downers Grove, Illinois in a helipad-equipped facility derisively nicknamed by press and politicians as the "Taj Mahal". Visitors to the building are greeted by marble flooring and other niceties.

Further criticism in the 1980s and 1990s has centered on the continued existence of the ISTHA itself, and its quasi-independent status from even the Illinois General Assembly. The original decision to build the tollway was made in an era when five states used toll roads to create a superhighway between New York and Chicago. This predated the Interstate Highway System and the associated funding from federal gasoline taxes. Critics argue that Tollway users are paying twice, first by paying tolls and then by paying the same gasoline taxes that other motorists pay. Citizens' groups formed in the 1990s to try to force the ISTHA to disband, and convert the toll highways in Illinois into freeways. This stems from the 1953 law that established the then Illinois State Toll Highway Commission. By 1999, Governor George Ryan began to publicly discuss the closure of the ISTHA and the abolition of toll collection in Illinois, but the plans were eclipsed by Ryan's increasing scandals. After Ryan declined to run for re-election and his successor, Governor Rod Blagojevich, had been elected (but had not yet taken office), the ISTHA board publicly suggested a sudden hike in toll rates that the new Governor could simply blame on his outgoing predecessor. The previous adjustment to Illinois toll rates had taken place in 1983. The ISTHA would have been able to raise rates without approval of the Illinois General Assembly because of its quasi-independent nature. However, a rate hike did not go into effect at that time. Ultimately, the toll rates for I-Pass users remained at 1983 prices while the toll rate for cash payers doubled. Practically, the I-Pass system and open road tolling appears to have removed the annoying aspect of toll collection which motivated many toll opponents, and subsequently the calls to ending the tolls have quieted.

One aspect of the argument is that by having a single toll road system for the state that controls the major commuter routes into Chicago and the major circumferential route around the city, commuters and long-haul truckers who use the original system that was built in 1958 are subsidizing the subsequent routes, I-88 to Dixon, Illinois and I-355 in DuPage County, Illinois. As a result, instead of the original routes becoming freeway, the revenues from the original system subsidized less intensively used routes that could not be financed on a stand-alone basis.

Other criticism has involved the use of the I-Pass transponder system. First, some of this criticism has come from privacy advocates, who decry the use of tracking transponders. In response, ISTHA is upgrading the security of its data networks. Second, other I-Pass related criticism came in late 2004, when higher tolls were proposed for drivers who do not use the I-Pass system. Tolls were doubled for non-I-Pass users as of January 1, 2005. Third, controversy surrounded the reciprocal use of I-Pass by Illinois motorists and I-Zoom by Indiana motorists on the other state's toll road. Each state charges the other a transaction fee when the out-of-state transponder is used to pay a toll. Until January 1, 2010, the fee was absorbed, with I-Pass users paying twice as many Indiana tolls and I-Zoom users paying Illinois tolls. To address this imbalance, ITR Concession Co began charging I-Pass users a 3 cent surcharge on each of their Indiana tolls, effective January 1, 2010.

Tolls were also raised on that date for drivers of larger vehicles. Under the congestion relief strategy, creating financial incentives for commercial and interstate truckers to use the tollways at non-peak travel times would reduce delays for daily commuters. Tractor-trailer drivers now have to pay increased rates during peak travel times (generally daytime hours during weekdays), but may pay decreased rates during non-peak travel times (though these rates are still an increase over those that were in effect until January 1, 2005). Some truck drivers had threatened court action or boycotts of the toll highway system.

The Sierra Club criticized the capital projects as adding to urban sprawl while hurting air quality. In response, the expense of the Open Road Tolling Program has justified by claiming it significantly decreases the amount of pollution from vehicle exhaust that enters the air. This is because the old barrier style tollbooths adds to the amount of time that certain vehicles spend on the roadway by requiring them to slow down, stop, and sometimes idle for several minutes while waiting to pay their tolls. The introduction of the I-Pass system has greatly alleviated this problem since all vehicles with an I-Pass or E-Zpass can continue to travel at normal highway speeds through the toll plazas.

In 2003, during Governor George Ryan's administration, the ISTHA entered into a public-private partnership with Wilton Partners to renovate the oasis rest stops in exchange for a 25 year lease. That lease has been the subject of various investigations, including the political connections between food vendors in the oases with former Governor Blagojevich. Ultimately, Wilton Partners' lender foreclosed on the Oases.

The ISTHA experienced high leadership turnover amid controversy. On November 19, 2008, Jeffrey Dailey began serving as Executive Director of ISTHA. On December 9, 2008, Governor Blagojevich was arrested on corruption charges including allegations that he solicited campaign donations from Tollway construction contractors. On December 18, Dalley resigned claiming that Illinois Attorney General Lisa Madigan would not grant waivers from the state ethics law that prohibited high level ISTHA executives from being employed by contractors within a year of leaving office. In January 2009, Governor Blagojevich was impeached, tried, and removed from office for abuse of power, and was succeeded by Lieutenant Governor Pat Quinn. Following this, the ISTHA Board appointed a new chief executive without consulting Quinn. On August 12, 2009, John Mitola, who was appointed the ISTHA Board Chairman in 2003 by Governor Blagojevich, resigned for personal reasons. The next day, Governor Quinn appointed a new chairman and two new board members. Ex-ISTHA Chairman Mitola was reported to have failed to disclose an investment in a real estate development with former state purchasing and contracting CEO Michael Rumman under ousted Governor Blagojevich. In addition, a number of top ISTHA staff members have left in 2009.

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