HB5262 102ND GENERAL ASSEMBLY

LRB102 25484 RAM 34772 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5262

Introduced 1/31/2022, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

New Act

Creates the Infrastructure Delivery and Program Transparency Act. Provides for the creation of an Infrastructure Implementation Coordinator within the Office of the Secretary of Transportation to administer the Rebuild Illinois Program. Provides that the Office of the Secretary of Transportation shall develop a publicly available project information website that includes detailed information about each infrastructure project. Provides that the Coordinator shall track and make publicly available a master program, budget, and construction schedule and program metrics. Provides that after a review of the program metrics, the Coordinator shall implement improvements to the Rebuild Illinois Program in accordance with the established overall program budget and project schedule. Provides that the Department of Transportation and the Coordinator shall implement certain initiatives to assist the Department with meeting program goals.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Infrastructure Delivery and Program Transparency Act.

Section 5. Definitions. As used in this Act:

"Coordinator" means the Infrastructure Implementation Coordinator appointed by the Office of the Secretary of Transportation.

"Department" means the Illinois Department of Transportation.

"Infrastructure" means publicly owned infrastructure located in the State of Illinois including(1) streets, roadways, pedestrian ways, commuter linkages and circulator transit systems, bridges, tunnels, overpasses, bus ways, and guideways connected to or adjacent to an infrastructure project; (2) utilities systems and related facilities, utility relocations and replacements, utility-line extensions, network and communication systems, streetscape improvements, drainage systems, sewer and water systems, subgrade structures and associated improvements; (3) landscaping, facade construction and restoration, wayfinding, and signage; (4) public transportation and transit facilities and related infrastructure, vehicle parking facilities, and other facilities that encourage intermodal transportation and public transit connected to or adjacent to a Project; (5) railroad infrastructure, stations, maintenance and storage facilities; (6) parks, plazas, atria, cultural facilities, community and recreational facilities, facilities to promote tourism and hospitality, educational facilities, conferencing and convention centers, broadcast and related multimedia infrastructure, and destination and community retail, dining, and entertainment facilities; and (7) other facilities with the primary purpose of attracting and fostering economic development by generating additional tax base. "Infrastructure" does not include a commercial office, residential or hotel facilities, or any retail, dining, and entertainment space included within such facilities.

"Infrastructure project" means the construction or renovation of publicly owned infrastructure located within the State of Illinois.

"Program" means the Rebuild Illinois Program.

"Secretary" means the Illinois Secretary of Transportation.

Section 10. Infrastructure implementation coordinator.

(a) The Secretary of Transportation shall appoint an Infrastructure Implementation Coordinator who shall administer the Rebuild Illinois Program, disburse and provide an accounting of capital funding granted to the State by the U.S. Infrastructure Investment Jobs Act, and provide and facilitate regular reporting and communication to the Illinois Department of Transportation, the General Assembly, the Federal Highway Administration, and to key industry and public stakeholders.

(b) The Coordinator shall direct the performance of all program implementation processes and procedures and shall be provided the necessary resources to establish a master program, budget, and schedule; to track and monitor key metrics; to report and communicate all program metrics; to implement program initiatives; and to provide leadership that results in improvement to all process and procedures related to the delivery of infrastructure improvements.

Section 15. Publicly available master program, budget, and construction schedule. For the purpose of allowing key infrastructure stakeholders to effectively plan and schedule the procurement of required materials and resources and to keep the public informed of project progress, the Office of the Secretary of Transportation shall develop a publicly available project information website that includes the following information:

(1) the name of the infrastructure being constructed or renovated;

(2) the location of each project;

(3) the estimated commencement and completion date of each project, as well as timely updates on any projected changes to such dates;

(4) the actual cost of each project.

Section 20. Program metrics. To measure construction and renovation progress and performance, resolve issues, and publicly report on the program's accomplishments, the Coordinator shall track and make publicly available the following program metrics:

(1) the overall program budget, which the Secretary shall track and report by service type (i.e. construction, consultant services, miscellaneous) and which includes the following:

(A) the current program budget;

(B) the original amount of each program funding award;

(C) the cost of each contract change order or supplemental order;

(D) the amount of obligated funding for each project; and

(E) the amount remaining in each project budget at the completion of the project;

(2) each individual project budget, categorized by core work categories (for example, roadway maintenance, bridges, safety and system modernization, system expansion, and system support);

(3) general program metrics, which may be categorized on a subprogram basis by major corridor or core work type, and include the following:

(A) the number of direct and indirect jobs created;

(B) the number of contracts awarded under $10,000,000;

(C) the number of contracts awarded to construction and engineering firms;

(D) the number of contracts awarded to unique veteran-owned firms; and

(E) the number of contracts awarded to new firms, established within a year before the date of the contract;

(4) diversity metrics, which shall be tracked and reported for construction and consultant services and include the following:

(A) the amount in contract awards and the percentage of total contracts awarded to participants in the Disadvantaged Business Enterprise Program;

(B) the amount in contract awards and the percentage of total contracts awarded to veteran-owned businesses;

(C) the number of contracts awarded under protege agreements;

(D) the number of contracts awarded to prime contractors that are participants of the Disadvantaged Business Enterprise Program; and

(E) the number of contracts awarded to prime contractors that are veteran-owned businesses; and

(5) program administrative metrics that include:

(A) the average time from selection of a contractor to the contractor's receipt of a Notice to Proceed;

(B) the average time to process a project invoice;

(C) the average time to process a project payment;

(D) the number of actual advertised contracts;

(E) the number of projected advertised contracts; and

(F) the projected need for construction and consultant services for each year, to be published in each issue of the Illinois Department of Transportation Professional Transportation Bulletin and updated quarterly.

Section 25. Program goal development. After a review of the program metrics, the Coordinator shall implement improvements to the program in accordance with the established overall program budget and project schedule. As a result, individual project budgets and schedules may be adjusted; however, the overall annual expected program expenditures and target delivery dates for major corridor improvements shall not vary significantly from established goals.

Section 30. Program goals; expedited processes.

(a) The Coordinator shall process a Notice to Proceed within 30 days of a construction bid opening or consultant selection and shall expedite the execution of contracts and the issuance of a Notice to Proceed to meet this goal.

(b) The Secretary shall disburse payments to construction contractors on a biweekly basis and shall expedite payment to meet this goal.

(c) The Secretary shall disburse payments to consultants within 45 days of the completion of services and shall expedite payments to meet this goal.

Section 35. Program initiatives to support program goals. The Department and the Coordinator shall do the following to assist the Department with meeting program goals:

(1) develop a mechanism to openly identify and elevate issues within the Rebuild Illinois Program so that they may be resolved in a timely manner;

(2) evaluate and improve processes and procedures for State coordination with the Federal Highway Administration to expedite project delivery;

(3) evaluate and improve the State processes and procedures for prioritizing right-of-way issues, utility conflicts, and permits, to expedite project delivery;

(4) evaluate and improve the State processes and procedures for prioritizing the resolution of construction field issues that require contract change orders;

(5) establish and improve a construction and consultant mentor-protege program to promote significant and sustainable growth for participants of the Disadvantaged Enterprise Program and veteran-owned firms.