103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5171

 

Introduced 2/9/2024, by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
630 ILCS 5/15

    Amends the Public-Private Partnerships for Transportation Act. Provides that each year, at least 30 days prior to the beginning of the responsible public entity's fiscal year, the responsible public entity shall submit to the General Assembly a description of potential projects that the responsible public entity is considering undertaking under the Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. Requires any new transportation facility developed as a project under the Act to be consistent with the regional plan then in existence of any metropolitan planning organization in whose boundaries the project is located. Provides that, prior to the approval of the public-private agreement, the responsible public entity must notify the public at least 60 days prior to the approval of the public-private agreement for any projects under the Act and must hold at least one public meeting within the impacted community. Sets forth additional notice requirements. Sets forth public meeting requirements. Requires the responsible public entity to create a meeting summary including issues raised by the public and respond to all questions in writing no later than 14 days after the meeting. Requires the responsible public entity to post the summary and responses to the responsible public entity's publicly accessible website. Makes other changes.


LRB103 36741 MXP 66851 b

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public-Private Partnerships for
5Transportation Act is amended by changing Section 15 as
6follows:
 
7    (630 ILCS 5/15)
8    Sec. 15. Formation of public-private agreements; project
9planning.
10    (a) Each responsible public entity may exercise the powers
11granted by this Act to do some or all to design, develop,
12construct, finance, and operate any part of one or more
13transportation projects through public-private agreements with
14one or more private entities, except for transportation
15projects for the Illiana Expressway as defined in the Public
16Private Agreements for the Illiana Expressway Act. The net
17proceeds, if any, arising out of a transportation project or
18public-private agreement undertaken by the Department pursuant
19to this Act shall be deposited into the Public-Private
20Partnerships for Transportation Fund. The net proceeds arising
21out of a transportation project or public-private agreement
22undertaken by the Authority pursuant to this Act shall be
23deposited into the Illinois State Toll Highway Authority Fund

 

 

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1and shall be used only as authorized by Section 23 of the Toll
2Highway Act.
3    (b) The Authority may enter into a public-private
4partnership to design, develop, construct, finance, and
5operate new toll highways authorized by the Governor and the
6General Assembly pursuant to Section 14.1 of the Toll Highway
7Act, non-highway transportation projects on the toll highway
8system such as commuter rail or high-speed rail lines, and
9intelligent transportation infrastructure that will enhance
10the safety, efficiency, and environmental quality of the toll
11highway system. The Authority may operate or provide
12operational services such as toll collection on highways which
13are developed or financed, or both, through a public-private
14agreement entered into by another public entity, under an
15agreement with the public entity or contractor responsible for
16the transportation project.
17    (c) A contractor has:
18        (1) all powers allowed by law generally to a private
19    entity having the same form of organization as the
20    contractor; and
21        (2) the power to develop, finance, and operate the
22    transportation facility and to impose user fees in
23    connection with the use of the transportation facility,
24    subject to the terms of the public-private agreement.
25    No tolls or user fees may be imposed by the contractor
26except as set forth in a public-private agreement.

 

 

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1    (d) Prior to commencing the procurement process under an
2unsolicited proposal or the issuance of any request for
3qualifications or request for proposals with respect to any
4potential project undertaken by a responsible public entity
5pursuant to Section 19 or 20 of this Act, the commencement of a
6procurement process for that particular potential project
7shall be authorized by joint resolution of the General
8Assembly.
9    (e) (Blank).
10    (f) Any project undertaken under this Act shall be subject
11to all applicable planning requirements otherwise required by
12law, including land use planning, regional planning,
13transportation planning, and environmental compliance
14requirements.
15    (g) (Blank).
16    (h) The responsible public entity shall hold one or more
17public hearings following its submittals to the General
18Assembly under subsection (d) of this Section. These public
19hearings shall address any potential project that the
20responsible public entity submitted to the General Assembly
21for review under subsection (d). The responsible public entity
22shall publish a notice of the hearing or hearings at least 7
23days before a hearing takes place, and shall include the
24following in the notice: (i) the date, time, and place of the
25hearing and the address of the responsible public entity; (ii)
26a brief description of the potential projects that the

 

 

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1responsible public entity is considering undertaking; and
2(iii) a statement that the public may comment on the potential
3projects.
4    (i) Each year, at least 30 days prior to the beginning of
5the responsible public entity's fiscal year, the responsible
6public entity shall submit to the General Assembly a
7description of potential projects that the responsible public
8entity is considering undertaking under this Act to each
9county, municipality, and metropolitan planning organization,
10with respect to each project located within its boundaries.
11    (j) Any new transportation facility developed as a project
12under this Act must be consistent with the regional plan then
13in existence of any metropolitan planning organization in
14whose boundaries the project is located.
15    (k) Prior to the approval of the public-private agreement,
16the responsible public entity must notify the public at least
1760 days prior to the approval of the public-private agreement
18for any projects under this Act and must hold at least one
19public meeting within the impacted community. The notice
20required under this subsection must include the following
21information:
22        (1) the date, time, and location of the public meeting
23    required under this Section;
24        (2) the date and time of all public meetings regarding
25    the project;
26        (3) where to access the project description described

 

 

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1    under paragraph (3) of subsection (c) of Section 19, if
2    applicable;
3        (4) the expected location of the project and
4    associated construction duration; and
5        (5) a non-English version of the notice if 10% or more
6    of the local population speaks a primary language other
7    than English, which shall reflect the prevalent languages
8    of the non-English speaking residents in that area.
9    (l) The public meeting is subject to the following rules:
10        (1) The public meeting must begin after 5:00 p.m. and
11    be located at a venue that is accessible to persons with
12    disabilities and the owner or operator of the venue must
13    provide reasonable accommodations, as defined in the
14    Americans with Disabilities Act, upon request.
15        (2) The responsible public entity must provide
16    translation services during a public meeting if a proposed
17    project is located in an area in which 10% or more of the
18    local population speaks a primary language other than
19    English, if requested by a non-English speaking member of
20    the public.
21    (m) During a public meeting, a contractor must:
22        (1) present the schedule and process for the project,
23    which must cover the noise, air quality, environmental,
24    public health, and any other community impacts expected
25    from the project;
26        (2) include a question-and-answer portion of the

 

 

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1    meeting to allow the public to ask questions; and
2        (3) ensure that representatives that speak on behalf
3    of the contractor are qualified and knowledgeable on the
4    subject matter to answer questions posed by the public.
5    (n) The responsible public entity shall have a
6representative present at the public meeting who is familiar
7with the proposed project. The responsible public entity must
8create a meeting summary, including issues raised by the
9public, and respond to all questions in writing no later than
1014 days after the meeting. The responsible public entity shall
11post the summary and responses to the responsible public
12entity's publicly accessible website and advise the telephone,
13email, and text lists along with the meeting summary document.
14The responsible public entity shall ensure that the public
15meeting is made available to watch and participate in a
16meaningful way online and recorded. The recording shall be
17made available on a publicly accessible website.
18(Source: P.A. 103-570, eff. 1-1-24.)