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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Capital Investment Accountability Act. | ||||||||||||||||||||||||||
6 | Section 5. Purpose and application. The purpose of this Act | ||||||||||||||||||||||||||
7 | is to maximize the value of transportation investments in the | ||||||||||||||||||||||||||
8 | State of Illinois in order to optimize State and local economic | ||||||||||||||||||||||||||
9 | development and the quality of public life for Illinois | ||||||||||||||||||||||||||
10 | residents. This Act articulates the State's surface | ||||||||||||||||||||||||||
11 | transportation goals and establishes a standardized process | ||||||||||||||||||||||||||
12 | for reviewing, prioritizing, and selecting surface | ||||||||||||||||||||||||||
13 | transportation projects that best reflect those goals. Through | ||||||||||||||||||||||||||
14 | the process established by this Act, the State seeks to develop | ||||||||||||||||||||||||||
15 | a sustainable, integrated, multi-modal transportation system | ||||||||||||||||||||||||||
16 | that provides efficient and safe access to goods, services, | ||||||||||||||||||||||||||
17 | activities, and destinations to residents, visitors, and | ||||||||||||||||||||||||||
18 | businesses. Beginning with the 2010 State fiscal year, all | ||||||||||||||||||||||||||
19 | State-funded surface transportation capital projects are | ||||||||||||||||||||||||||
20 | subject to the review and prioritization process set forth in | ||||||||||||||||||||||||||
21 | this Act. | ||||||||||||||||||||||||||
22 | Section 10. Definitions. In this Act: |
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1 | "Benefit/per-capita cost" means a determination of the | ||||||
2 | benefit of a project divided by the per-capita cost of the | ||||||
3 | project. | ||||||
4 | "Committee" means either a District Prioritization | ||||||
5 | Committee or the Statewide Prioritization Committee. | ||||||
6 | "Criteria" means measurable indicators of compliance with | ||||||
7 | the State transportation goals. | ||||||
8 | "Department" means the Department of Transportation. | ||||||
9 | "District" means the a district of the State established by | ||||||
10 | the Department for its administrative purposes and statutorily | ||||||
11 | authorized activities. | ||||||
12 | "Long-range transportation plan" means the long-range | ||||||
13 | transportation plan required to be developed by each MPO in | ||||||
14 | accordance with 23 U.S.C. 134, the long-range transportation | ||||||
15 | plan required to be developed by each MPO in accordance with 23 | ||||||
16 | U.S.C. 135, and the long-range transportation plan required to | ||||||
17 | be developed in accordance with Section 5-301 of the Illinois | ||||||
18 | Highway Code. | ||||||
19 | "MPO jurisdiction" means the metropolitan planning area | ||||||
20 | boundaries of a MPO within the State, which are designated in | ||||||
21 | accordance with 23 U.S.C. 134. | ||||||
22 | "MPG" means a Metropolitan Planning Organization | ||||||
23 | designated under 23 U.S.C. 134 whose MPG jurisdiction is | ||||||
24 | partially or completely within the State.
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25 | "Per-capita cost" means a determination of the estimated | ||||||
26 | cost of the project divided by the population affected by the |
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1 | project. | ||||||
2 | "Project" means any new or continuing surface | ||||||
3 | transportation capital project (including but not limited to | ||||||
4 | roadways, transit, rail, trails, walkways, bicycle, and | ||||||
5 | intermodal facilities) financed in whole or in part by State | ||||||
6 | funds. | ||||||
7 | "RPC" means a regional planning commission or joint | ||||||
8 | regional planning commission established in accordance with | ||||||
9 | Section 5-14001 or 5-14003 of the Counties Code.
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10 | "Secretary" means the Secretary of Transportation.
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11 | "State transportation goals" means the following goals and | ||||||
12 | objectives: | ||||||
13 | (1) Ensure efficient use of transportation resources | ||||||
14 | through mode shifts and demand management, and reduce | ||||||
15 | per-capita congestion delays and unreliability;
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16 | (2) Generate both local and statewide economic | ||||||
17 | development through investment in a transportation system | ||||||
18 | that recycles a majority of public and user investments | ||||||
19 | back into the local and state economies;
| ||||||
20 | (3) Optimize accessibility by integrating land use and | ||||||
21 | transportation planning and investments; and
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22 | (4) Increase public safety, security, and health by | ||||||
23 | reducing per-capita crash rates and risk of assault, | ||||||
24 | particularly for the most vulnerable transportation users, | ||||||
25 | and by increasing use of physically active modes.
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26 | "Statewide projects" means traffic control improvements |
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1 | procured by the Department on a statewide basis, weigh | ||||||
2 | stations, state park projects, contract maintenance performed | ||||||
3 | by non-state forces, emergency road and bridge repairs, and | ||||||
4 | federally authorized Equal Employment Opportunity training | ||||||
5 | programs and support services. | ||||||
6 | "STIP" means the transportation improvement program that | ||||||
7 | each state must develop pursuant to 23 U.S.C. 135.
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8 | "TIP" means the transportation improvement program that | ||||||
9 | each MPG must develop pursuant to 23 U.S.C. 134.
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10 | Section 15. Establishment of Statewide and District | ||||||
11 | Prioritization Committees. | ||||||
12 | (a) Within 30 days after the effective date of this Act, | ||||||
13 | the following committees must be established under the | ||||||
14 | direction of the Department:
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15 | (1) A Statewide Prioritization Committee, whose | ||||||
16 | membership consists of voting and non-voting members. | ||||||
17 | (A) The voting members are: | ||||||
18 | (i) The Secretary; | ||||||
19 | (ii) The chairperson of each MPG;
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20 | (iii) One representative of municipalities, | ||||||
21 | appointed by the Secretary; | ||||||
22 | (iv) One representative of counties, appointed | ||||||
23 | by the Secretary; and
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24 | (v) One representative of townships, appointed | ||||||
25 | by the
Secretary.
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1 | (B) The non-voting members are: | ||||||
2 | (i) The Director of Commerce and Economic | ||||||
3 | Opportunity, or his or her designee;
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4 | (ii) The Director of Natural Resources, or his | ||||||
5 | or her designee;
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6 | (iii) The Chief of the Illinois Environmental | ||||||
7 | Protection Agency Bureau of Air;
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8 | (iv) One representative of statewide business | ||||||
9 | interests,
appointed by the Secretary; and
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10 | (v) One representative of metropolitan civic | ||||||
11 | interests, appointed by the Secretary.
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12 | (2) A District Prioritization Committee for each | ||||||
13 | District, but no District Prioritization Committee may be | ||||||
14 | established for a District included entirely within an MPG | ||||||
15 | jurisdiction. The membership of each District | ||||||
16 | Prioritization Committee is: | ||||||
17 | (A) One member appointed by the Secretary;
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18 | (B) One member appointed by each MPG whose MPG | ||||||
19 | jurisdiction includes territory partially or | ||||||
20 | completely within the District. Each MPG member shall | ||||||
21 | coordinate with municipal, county and township | ||||||
22 | officials within and adjacent to the MPG jurisdiction | ||||||
23 | in carrying out his or her duties in accordance with | ||||||
24 | this Act;
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25 | (C) One member appointed by each RPC whose | ||||||
26 | territory is within the District but not within an MPG |
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1 | jurisdiction. Each RPC member shall coordinate with | ||||||
2 | municipal, county and township officials within and | ||||||
3 | adjacent to the jurisdiction of the RPC in carrying out | ||||||
4 | his or her duties in accordance with this Act; and
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5 | (D) One member appointed by the county board | ||||||
6 | president of each county within the District but not | ||||||
7 | within an MPG jurisdiction or the jurisdiction of an | ||||||
8 | RPC. Each county member shall coordinate with | ||||||
9 | municipal and township officials within and adjacent | ||||||
10 | to the county in carrying out his or her duties in | ||||||
11 | accordance with this Act.
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12 | (b) Each appointed Committee member shall serve for a term | ||||||
13 | of 2 years from the date of appointment and until the earlier | ||||||
14 | of the member's removal by the appointing authority, the | ||||||
15 | member's resignation, or the member's successor is appointed. A | ||||||
16 | vacancy in a Committee member position must be filled by the | ||||||
17 | appointing authority for that member, and a member appointed to | ||||||
18 | fill a vacancy shall serve the remainder of the term of the | ||||||
19 | member whose removal, resignation, or death created the | ||||||
20 | vacancy. | ||||||
21 | (c) Each Committee may establish rules to govern its own | ||||||
22 | procedures, provided all Committee meetings shall be conducted | ||||||
23 | in accordance with the Open Meetings Act. In addition, at least | ||||||
24 | 7 days' advance written notice of District Prioritization | ||||||
25 | Committee and MPG meetings shall be provided to every State | ||||||
26 | legislator representing territory within the District or MPG |
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1 | jurisdiction. All Committee members are entitled to | ||||||
2 | reimbursement by the Department for ordinary and necessary | ||||||
3 | expenses incurred in performing their duties under this Act. | ||||||
4 | Section 20. Project submission, review, and prioritization | ||||||
5 | process. | ||||||
6 | (a) By March 1, 2008, the Statewide Prioritization | ||||||
7 | Committee shall, through a process involving opportunity for | ||||||
8 | public review and comment:
| ||||||
9 | (1) Establish uniform statewide evaluation criteria | ||||||
10 | for project prioritization derived from the State | ||||||
11 | transportation goals. The Statewide Prioritization | ||||||
12 | Committee shall establish no fewer than 5 and no more than | ||||||
13 | 10 criteria;
| ||||||
14 | (2) Establish a uniform statewide process for | ||||||
15 | calculating a project's benefit/per-capita cost; and
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16 | (3) Determine the process by which it will evaluate and | ||||||
17 | prioritize Committee and MPG proposed projects in order to | ||||||
18 | develop the comprehensive project prioritization plan | ||||||
19 | described in subsection (f) of this Section.
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20 | (b) By May 1, 2008, the MPGs and Committees shall each make | ||||||
21 | the following determinations through a process involving | ||||||
22 | opportunity for public review and comment:
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23 | (1) Each MPG shall determine the weight to be given | ||||||
24 | each uniform statewide evaluation criterion for the review | ||||||
25 | of proposed projects within the MPG jurisdiction;
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1 | (2) Each District Prioritization Committee shall | ||||||
2 | determine the weight to be given each uniform statewide | ||||||
3 | evaluation criterion for the review of proposed projects | ||||||
4 | within the District but outside of an MPG jurisdiction; and
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5 | (3) The Statewide Prioritization Committee shall | ||||||
6 | determine the weight to be given each uniform statewide | ||||||
7 | evaluation criterion for the review of proposed statewide | ||||||
8 | projects.
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9 | The weights applied to each criterion may vary by MPG and | ||||||
10 | Committee. No single criterion may account for less than 10% | ||||||
11 | nor more than 50% of the overall weighted allocation, and the | ||||||
12 | weights assigned to all criteria shall equal 100%. Each | ||||||
13 | Committee and MPG shall develop a prioritization scoring system | ||||||
14 | that (i) determines a project's score for each criterion; (ii) | ||||||
15 | multiplies that score by the applicable weight; (iii) | ||||||
16 | aggregates the weighted score for all criteria; and (iv) | ||||||
17 | calculates the project's benefit/per-capita cost in the manner | ||||||
18 | established by the Statewide Prioritization Committee. The | ||||||
19 | Department shall issue guidance and provide technical | ||||||
20 | assistance to the Committees and MPGs to assist with the | ||||||
21 | development and implementation of a prioritization scoring | ||||||
22 | system. | ||||||
23 | (c) By July 1, 2008 and by July 1 of each year thereafter, | ||||||
24 | each MPG shall hold a public hearing to present to the public | ||||||
25 | and allow public testimony on proposed projects within the MPO | ||||||
26 | jurisdiction All such proposals must be consistent with the |
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1 | MPG's TIP and its long-range plan. By September 1, 2008 and by | ||||||
2 | September 1 of each year thereafter, the MPG shall:
(i) adopt a | ||||||
3 | prioritized list of proposed projects based upon the MPG's | ||||||
4 | prioritization scoring system; and (ii) deliver the | ||||||
5 | prioritized list, with a description of each project, to the | ||||||
6 | Statewide Prioritization Committee.
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7 | (d) By June 1, 2008 and by June 1 of each year thereafter, | ||||||
8 | each District Prioritization Committee shall accept proposals | ||||||
9 | from all of its non-MPG members for projects within the | ||||||
10 | District but outside of an MPG jurisdiction. All such proposed | ||||||
11 | projects must be consistent with
any long-range transportation | ||||||
12 | plans adopted by the submitting member and must be | ||||||
13 | independently scored by the member in accordance with the | ||||||
14 | District Prioritization Committee's prioritization scoring | ||||||
15 | system. By July 1, 2008 and by July 1 of each thereafter, the | ||||||
16 | District Prioritization Committee shall hold a public hearing | ||||||
17 | to present to the public and allow public testimony on the | ||||||
18 | proposed projects. By September 1, 2008 and by September 1 of | ||||||
19 | each year thereafter, the District Prioritization Committee | ||||||
20 | shall (i) make recommendations for enhanced regional | ||||||
21 | coordination and consistency among MPG and non-MPG proposed | ||||||
22 | projects; (ii) adopt a prioritized list of non-MPG proposed | ||||||
23 | projects based upon the Committee's prioritization scoring | ||||||
24 | system; and (iii) deliver a prioritized list of non-MPG | ||||||
25 | proposed projects, with a description of each project, to the | ||||||
26 | Statewide Prioritization Committee.
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1 | (e) By June 1, 2008 and by June 1 of each year thereafter, | ||||||
2 | the Statewide Prioritization Committee shall develop a list and | ||||||
3 | independently score proposed statewide projects. All such | ||||||
4 | proposed projects must be consistent with the most recent STIP | ||||||
5 | and the Department's long-range plan. By July 1, 2008 and by | ||||||
6 | July 1 of each thereafter, the Statewide Prioritization | ||||||
7 | Committee shall hold a public hearing to present to the public | ||||||
8 | and allow public testimony on the proposed statewide projects. | ||||||
9 | By September 1, 2008 and by September 1 of each thereafter, the | ||||||
10 | Statewide Prioritization Committee shall adopt a prioritized | ||||||
11 | list of proposed statewide projects based upon the Committee's | ||||||
12 | prioritization scoring system. | ||||||
13 | (f) By October 15, 2008 and by October 15 of each year | ||||||
14 | thereafter, the Statewide Prioritization Committee shall meet | ||||||
15 | to hear public testimony and consider the prioritized lists | ||||||
16 | developed by each Committee and MPG. By January 15, 2009 and by | ||||||
17 | January 15 of each year thereafter, the Statewide | ||||||
18 | Prioritization Committee shall submit to the Governor and | ||||||
19 | General Assembly a comprehensive project prioritization plan | ||||||
20 | that: (i) describes the uniform state evaluation criteria and | ||||||
21 | the prioritization scoring system used by each MPG and | ||||||
22 | Committee; (ii) includes all of the projects submitted for | ||||||
23 | consideration by each MPG and Committee; and (iii) prioritizes | ||||||
24 | all projects for state and federal funding, noting the likely | ||||||
25 | availability of such funding and any use restrictions | ||||||
26 | applicable to a fund source. The comprehensive project |
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1 | prioritization plan shall serve as the annual project program | ||||||
2 | for the highway, mass transportation, and railroad systems | ||||||
3 | required to be developed by the Department pursuant to Section | ||||||
4 | 2705-200 of the Department of Transportation Law in the Civil | ||||||
5 | Administrative Code of Illinois. | ||||||
6 | (g) By March 1, 2009 and by March 1 of each year | ||||||
7 | thereafter, the Statewide Prioritization Committee may, | ||||||
8 | through a process involving opportunity for public review and | ||||||
9 | comment, modify any of the following: (i) the uniform statewide | ||||||
10 | evaluation criteria; (ii) the process for calculating the | ||||||
11 | benefit/per-capita cost; and (iii) the process for evaluating | ||||||
12 | and prioritizing projects contained on the MPG and Committee | ||||||
13 | prioritized lists developed in accordance with this Section. By | ||||||
14 | March 1, 2009 and by March 1 of each year thereafter, each | ||||||
15 | District Prioritization Committee and MPG may, through a | ||||||
16 | process involving opportunity for public review and comment, | ||||||
17 | modify its weighting system for the uniform statewide | ||||||
18 | evaluation criteria. Any modification made in accordance with | ||||||
19 | this subsection shall be immediately provided to the Department | ||||||
20 | for posting on the website described in Section 25 of this Act, | ||||||
21 | and the Department shall notify each Committee and MPG of the | ||||||
22 | modification. | ||||||
23 | Section 25. Establishment of Department website. Upon the | ||||||
24 | effective date of this Act, the Department shall mail a copy of | ||||||
25 | the Act and a description thereof to each MPG, RPC and county |
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1 | board in the State. Within 60 days after the effective date of | ||||||
2 | this Act, the Department shall establish a dedicated section of | ||||||
3 | its website that includes the Act and a description thereof The | ||||||
4 | Department shall maintain and update the website to include: | ||||||
5 | (1) The membership of all Committees and MPGs;
| ||||||
6 | (2) Meeting notices, agendas, and minutes for all | ||||||
7 | meetings and hearings required pursuant to this Act;
| ||||||
8 | (3) A description of the uniform statewide evaluation | ||||||
9 | criteria;
| ||||||
10 | (4) A description of the prioritization scoring system | ||||||
11 | used by each Committee and MPG;
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12 | (5) The prioritized project list adopted by each | ||||||
13 | Committee and MPG, and the comprehensive project | ||||||
14 | prioritization plan adopted by the Statewide | ||||||
15 | Prioritization Committee;
| ||||||
16 | (6) A description of opportunities for public comment | ||||||
17 | and input into the prioritization process; and
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18 | (7) An email address for members of the public to | ||||||
19 | submit comments on proposed projects and the comprehensive | ||||||
20 | project prioritization plan.
| ||||||
21 | Section 30. Consideration and implementation of the | ||||||
22 | Comprehensive Project Prioritization Plan. | ||||||
23 | (a) Commencing in 2010 and in each year thereafter, the | ||||||
24 | Chairpersons of the House and Senate committees having | ||||||
25 | jurisdiction over transportation matters shall, within 14 days |
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1 | after the Governor's submission of the proposed capital budget, | ||||||
2 | convene a joint subject matter hearing to consider the | ||||||
3 | comprehensive project prioritization plan and the impact of the | ||||||
4 | proposed capital budget on the State's implementation of | ||||||
5 | projects contained therein.
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6 | (b) Commencing in 2010 and in each year thereafter, the | ||||||
7 | Department shall, within 30 days of the adoption of the state | ||||||
8 | budget, prepare and post on its website a final annual surface | ||||||
9 | transportation program project listing that allocates | ||||||
10 | available state funding in accordance with the funding | ||||||
11 | recommendations and prioritization process set forth in the | ||||||
12 | comprehensive project prioritization plan. The program project | ||||||
13 | listings shall specify all projects included in the | ||||||
14 | comprehensive project prioritization plan but not included in | ||||||
15 | the final project listings due to funding limitations.
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16 | (c) The comprehensive project prioritization plan shall | ||||||
17 | serve as the basis for the Department's draft and final STIP. | ||||||
18 | The draft and final STIP may not include any projects that were | ||||||
19 | not included in the most recent comprehensive project | ||||||
20 | prioritization plan.
| ||||||
21 | (d) The Department's master plan and 5-year project | ||||||
22 | programs published and delivered to the Governor and General | ||||||
23 | Assembly in accordance with subsection 2705-200(a) of the Civil | ||||||
24 | Administrative Code shall include an analysis of the three most | ||||||
25 | recent comprehensive project prioritization plans, and shall | ||||||
26 | identify priority transportation subsystems and critical |
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1 | system components based upon the prioritization and funding | ||||||
2 | recommendations contained in the 3 most recent comprehensive | ||||||
3 | project prioritization plans.
| ||||||
4 | Section 35. Rules. The Department may adopt any rules that | ||||||
5 | it deems necessary to administer the terms and provisions of | ||||||
6 | this Act. | ||||||
7 | Section 90. The Department of Transportation Law of the
| ||||||
8 | Civil Administrative Code of Illinois is amended by changing | ||||||
9 | Section 2705-200 as follows:
| ||||||
10 | (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
| ||||||
11 | Sec. 2705-200. Master plan; reporting requirements.
| ||||||
12 | (a) The Department has the power to develop and maintain a | ||||||
13 | continuing,
comprehensive, and integrated planning process | ||||||
14 | that shall develop and
periodically revise a statewide master | ||||||
15 | plan for transportation to guide program
development and to | ||||||
16 | foster efficient and economical transportation services in
| ||||||
17 | ground, air, water, and
all other modes of transportation | ||||||
18 | throughout the State. The Department
shall coordinate its | ||||||
19 | transportation planning activities with those of other
State | ||||||
20 | agencies and authorities and shall supervise and review any
| ||||||
21 | transportation planning performed by other Executive agencies | ||||||
22 | under the
direction of the Governor. The Department shall | ||||||
23 | cooperate and participate
with federal, regional, interstate, |
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1 | State, and local agencies, in accordance
with Sections 5-301 | ||||||
2 | and 7-301 of the Illinois Highway Code, and with
interested | ||||||
3 | private individuals and organizations in the coordination of
| ||||||
4 | plans and policies for development of the state's | ||||||
5 | transportation system.
| ||||||
6 | To meet the provisions of this Section, the Department | ||||||
7 | shall publish and
deliver to the Governor and General Assembly | ||||||
8 | by January 1, 1982 and every 2
years thereafter, its master | ||||||
9 | plan for highway, waterway, aeronautic, mass
transportation, | ||||||
10 | and railroad systems. The plan shall identify priority
| ||||||
11 | subsystems or components of each system that are critical to | ||||||
12 | the economic and
general welfare of this State regardless of | ||||||
13 | public jurisdictional
responsibility or private ownership.
| ||||||
14 | The master plan shall provide particular emphasis and | ||||||
15 | detail of at least the 5-year
period in the immediate future.
| ||||||
16 | Annual and 5-year, or longer, project programs for each | ||||||
17 | State system in this Section
shall , through and including 2009, | ||||||
18 | be published and furnished the General Assembly on the first | ||||||
19 | Wednesday
in April of each year. Commencing in 2010 and in each | ||||||
20 | year thereafter, the annual and 5-year project programs for | ||||||
21 | each State system must be published and furnished to the | ||||||
22 | General Assembly by January 15.
| ||||||
23 | Identified needs included in the project programs shall be | ||||||
24 | listed and
mapped in a distinctive fashion to clearly identify | ||||||
25 | the priority status
of the projects: (1) projects to be | ||||||
26 | committed for execution; (2) tentative
projects that are |
| |||||||
| |||||||
1 | dependent upon funding or other constraints; and (3) needed
| ||||||
2 | projects that are not programmed due to lack of funding or | ||||||
3 | other constraints.
| ||||||
4 | All projects shall be related to the priority systems of | ||||||
5 | the master plan,
and the priority criteria identified. Cost and | ||||||
6 | estimated completion dates
shall be included for work required | ||||||
7 | to complete a useable segment or component
beyond the
period of | ||||||
8 | the program.
| ||||||
9 | (b) Through and including 2009, the
The Department shall | ||||||
10 | publish and deliver to the Governor and General
Assembly on the | ||||||
11 | first Wednesday in April of each year a 5-year, or longer, | ||||||
12 | Highway
Improvement Program reporting
the number of fiscal | ||||||
13 | years each project has been on previous
plans submitted by the | ||||||
14 | Department. Commencing in 2010 and in each year thereafter, the | ||||||
15 | annual and 5-year project programs for each State system must | ||||||
16 | be published and furnished to the General Assembly by January | ||||||
17 | 15.
| ||||||
18 | (c) The Department shall publish and deliver to the | ||||||
19 | Governor and the General
Assembly by November 1 of each year a | ||||||
20 | For the Record report that shall include
the following:
| ||||||
21 | (1) All the projects accomplished in the previous | ||||||
22 | fiscal year
listed by each Illinois Department of | ||||||
23 | Transportation District.
| ||||||
24 | (2) The award cost and the beginning
dates of each | ||||||
25 | listed project.
| ||||||
26 | (Source: P.A. 94-91, eff. 7-1-05.)
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| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|