Rep. David E. Miller
Filed: 3/26/2007
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1 | AMENDMENT TO HOUSE BILL 801
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2 | AMENDMENT NO. ______. Amend House Bill 801 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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, |
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1 | activities, and destinations to residents, visitors, and | ||||||
2 | businesses. Beginning with the 2010 State fiscal year, all | ||||||
3 | State-funded surface transportation capital projects are | ||||||
4 | subject to the review and prioritization process set forth in | ||||||
5 | this Act. | ||||||
6 | Section 10. Definitions. In this Act: | ||||||
7 | "Benefit/per-capita cost" means a determination of the | ||||||
8 | benefit of a project divided by the per-capita cost of the | ||||||
9 | project. | ||||||
10 | "Committee" means either a District Prioritization | ||||||
11 | Committee or the Statewide Prioritization Committee. | ||||||
12 | "Criteria" means measurable indicators of compliance with | ||||||
13 | the State transportation goals. | ||||||
14 | "Department" means the Department of Transportation. | ||||||
15 | "District" means the a district of the State established by | ||||||
16 | the Department for its administrative purposes and statutorily | ||||||
17 | authorized activities. | ||||||
18 | "Long-range transportation plan" means the long-range | ||||||
19 | transportation plan required to be developed by each MPO in | ||||||
20 | accordance with 23 U.S.C. 134, the long-range transportation | ||||||
21 | plan required to be developed by each MPO in accordance with 23 | ||||||
22 | U.S.C. 135, and the long-range transportation plan required to | ||||||
23 | be developed in accordance with Section 5-301 of the Illinois | ||||||
24 | Highway Code. | ||||||
25 | "MPO jurisdiction" means the metropolitan planning area |
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1 | boundaries of a MPO within the State, which are designated in | ||||||
2 | accordance with 23 U.S.C. 134. | ||||||
3 | "MPO" means a Metropolitan Planning Organization | ||||||
4 | designated under 23 U.S.C. 134 whose MPO jurisdiction is | ||||||
5 | partially or completely within the State.
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6 | "Per-capita cost" means a determination of the estimated | ||||||
7 | cost of the project divided by the population affected by the | ||||||
8 | project. | ||||||
9 | "Project" means any new or continuing surface | ||||||
10 | transportation capital project (including but not limited to | ||||||
11 | roadways, transit, rail, trails, walkways, bicycle, and | ||||||
12 | intermodal facilities) financed in whole or in part by State | ||||||
13 | funds. | ||||||
14 | "RPC" means a regional planning commission or joint | ||||||
15 | regional planning commission established in accordance with | ||||||
16 | Section 5-14001 or 5-14003 of the Counties Code.
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17 | "Secretary" means the Secretary of Transportation.
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18 | "State transportation goals" means the following goals and | ||||||
19 | objectives: | ||||||
20 | (1) Ensure efficient use of transportation resources | ||||||
21 | through mode shifts and demand management, and reduce | ||||||
22 | per-capita congestion delays and unreliability;
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23 | (2) Generate both local and statewide economic | ||||||
24 | development through investment in a transportation system | ||||||
25 | that recycles a majority of public and user investments | ||||||
26 | back into the local and state economies;
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1 | (3) Optimize accessibility by integrating land use and | ||||||
2 | transportation planning and investments; and
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3 | (4) Increase public safety, security, and health by | ||||||
4 | reducing per-capita crash rates and risk of assault, | ||||||
5 | particularly for the most vulnerable transportation users, | ||||||
6 | and by increasing use of physically active modes.
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7 | "Statewide projects" means traffic control improvements | ||||||
8 | procured by the Department on a statewide basis, weigh | ||||||
9 | stations, state park projects, contract maintenance performed | ||||||
10 | by non-state forces, emergency road and bridge repairs, and | ||||||
11 | federally authorized Equal Employment Opportunity training | ||||||
12 | programs and support services. | ||||||
13 | "STIP" means the transportation improvement program that | ||||||
14 | each state must develop pursuant to 23 U.S.C. 135.
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15 | "TIP" means the transportation improvement program that | ||||||
16 | each MPO must develop pursuant to 23 U.S.C. 134.
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17 | Section 15. Establishment of Statewide and District | ||||||
18 | Prioritization Committees. | ||||||
19 | (a) Within 30 days after the effective date of this Act, | ||||||
20 | the following committees must be established under the | ||||||
21 | direction of the Department:
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22 | (1) A Statewide Prioritization Committee, whose | ||||||
23 | membership consists of voting and non-voting members. | ||||||
24 | (A) The voting members are: | ||||||
25 | (i) The Secretary; |
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1 | (ii) The chairperson of each MPO;
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2 | (iii) One representative of municipalities, | ||||||
3 | appointed by the municipalities on the District | ||||||
4 | Prioritization Committees and MPOs; | ||||||
5 | (iv) One representative of counties, appointed | ||||||
6 | by the counties on the District Prioritization | ||||||
7 | Committees and the MPOs; and
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8 | (v) One representative of townships, appointed | ||||||
9 | by the
townships on the District Prioritization | ||||||
10 | Committees and the MPOs.
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11 | (B) The non-voting members are: | ||||||
12 | (i) The Director of Commerce and Economic | ||||||
13 | Opportunity, or his or her designee;
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14 | (ii) The Director of Natural Resources, or his | ||||||
15 | or her designee;
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16 | (iii) The Chief of the Illinois Environmental | ||||||
17 | Protection Agency Bureau of Air;
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18 | (iv) One representative of statewide business | ||||||
19 | interests,
appointed by the Secretary; and
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20 | (v) One representative of metropolitan civic | ||||||
21 | interests, appointed by the Secretary.
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22 | (2) A District Prioritization Committee for each | ||||||
23 | District, but no District Prioritization Committee may be | ||||||
24 | established for a District included entirely within an MPO | ||||||
25 | jurisdiction. The membership of each District | ||||||
26 | Prioritization Committee is: |
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1 | (A) One member appointed by the Secretary;
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2 | (B) One member appointed by each MPO whose MPO | ||||||
3 | jurisdiction includes territory partially or | ||||||
4 | completely within the District. Each MPO member shall | ||||||
5 | coordinate with municipal, county and township | ||||||
6 | officials within and adjacent to the MPO jurisdiction | ||||||
7 | in carrying out his or her duties in accordance with | ||||||
8 | this Act;
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9 | (C) One member appointed by each RPC whose | ||||||
10 | territory is within the District but not within an MPO | ||||||
11 | jurisdiction. Each RPC member shall coordinate with | ||||||
12 | municipal, county and township officials within and | ||||||
13 | adjacent to the jurisdiction of the RPC in carrying out | ||||||
14 | his or her duties in accordance with this Act; and
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15 | (D) One member appointed by the county board | ||||||
16 | president of each county within the District but not | ||||||
17 | within an MPO jurisdiction or the jurisdiction of an | ||||||
18 | RPC. Each county member shall coordinate with | ||||||
19 | municipal and township officials within and adjacent | ||||||
20 | to the county in carrying out his or her duties in | ||||||
21 | accordance with this Act.
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22 | (b) Each appointed Committee member shall serve for a term | ||||||
23 | of 2 years from the date of appointment and until the earlier | ||||||
24 | of the member's removal by the appointing authority, the | ||||||
25 | member's resignation, or the member's successor is appointed. A | ||||||
26 | vacancy in a Committee member position must be filled by the |
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1 | appointing authority for that member, and a member appointed to | ||||||
2 | fill a vacancy shall serve the remainder of the term of the | ||||||
3 | member whose removal, resignation, or death created the | ||||||
4 | vacancy. | ||||||
5 | (c) Each Committee may establish rules to govern its own | ||||||
6 | procedures, provided all Committee meetings shall be conducted | ||||||
7 | in accordance with the Open Meetings Act. In addition, at least | ||||||
8 | 7 days' advance written notice of District Prioritization | ||||||
9 | Committee and MPO meetings shall be provided to every State | ||||||
10 | legislator representing territory within the District or MPO | ||||||
11 | jurisdiction. All Committee members are entitled to | ||||||
12 | reimbursement by the Department for ordinary and necessary | ||||||
13 | expenses incurred in performing their duties under this Act. | ||||||
14 | Section 20. Project submission, review, and prioritization | ||||||
15 | process. | ||||||
16 | (a) By March 1, 2008, the Statewide Prioritization | ||||||
17 | Committee shall, through a process involving opportunity for | ||||||
18 | public review and comment:
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19 | (1) Establish uniform statewide evaluation criteria | ||||||
20 | for project prioritization derived from the State | ||||||
21 | transportation goals. The Statewide Prioritization | ||||||
22 | Committee shall establish no fewer than 5 and no more than | ||||||
23 | 10 criteria;
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24 | (2) Establish a uniform statewide process for | ||||||
25 | calculating a project's benefit/per-capita cost; and
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1 | (3) Determine the process by which it will evaluate and | ||||||
2 | prioritize Committee and MPO proposed projects in order to | ||||||
3 | develop the comprehensive project prioritization plan | ||||||
4 | described in subsection (f) of this Section.
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5 | (b) By May 1, 2008, the MPOs and Committees shall each make | ||||||
6 | the following determinations through a process involving | ||||||
7 | opportunity for public review and comment:
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8 | (1) Each MPO shall determine the weight to be given | ||||||
9 | each uniform statewide evaluation criterion for the review | ||||||
10 | of proposed projects within the MPO jurisdiction;
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11 | (2) Each District Prioritization Committee shall | ||||||
12 | determine the weight to be given each uniform statewide | ||||||
13 | evaluation criterion for the review of proposed projects | ||||||
14 | within the District but outside of an MPO jurisdiction; and
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15 | (3) The Statewide Prioritization Committee shall | ||||||
16 | determine the weight to be given each uniform statewide | ||||||
17 | evaluation criterion for the review of proposed statewide | ||||||
18 | projects.
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19 | The weights applied to each criterion may vary by MPO and | ||||||
20 | Committee. No single criterion may account for less than 10% | ||||||
21 | nor more than 50% of the overall weighted allocation, and the | ||||||
22 | weights assigned to all criteria shall equal 100%. Each | ||||||
23 | Committee and MPO shall develop a prioritization scoring system | ||||||
24 | that (i) determines a project's score for each criterion; (ii) | ||||||
25 | multiplies that score by the applicable weight; (iii) | ||||||
26 | aggregates the weighted score for all criteria; and (iv) |
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1 | calculates the project's benefit/per-capita cost in the manner | ||||||
2 | established by the Statewide Prioritization Committee. The | ||||||
3 | Department shall issue guidance and provide technical | ||||||
4 | assistance to the Committees and MPOs to assist with the | ||||||
5 | development and implementation of a prioritization scoring | ||||||
6 | system. | ||||||
7 | (c) By July 1, 2008 and by July 1 of each year thereafter, | ||||||
8 | each MPO shall hold a public hearing to present to the public | ||||||
9 | and allow public testimony on proposed projects within the MPO | ||||||
10 | jurisdiction All such proposals must be consistent with the | ||||||
11 | MPO's TIP and its long-range plan. By September 1, 2008 and by | ||||||
12 | September 1 of each year thereafter, the MPO shall:
(i) adopt a | ||||||
13 | prioritized list of proposed projects based upon the MPO's | ||||||
14 | prioritization scoring system; and (ii) deliver the | ||||||
15 | prioritized list, with a description of each project, to the | ||||||
16 | Statewide Prioritization Committee.
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17 | (d) By June 1, 2008 and by June 1 of each year thereafter, | ||||||
18 | each District Prioritization Committee shall accept proposals | ||||||
19 | from all of its non-MPO members for projects within the | ||||||
20 | District but outside of an MPO jurisdiction. All such proposed | ||||||
21 | projects must be consistent with
any long-range transportation | ||||||
22 | plans adopted by the submitting member and must be | ||||||
23 | independently scored by the member in accordance with the | ||||||
24 | District Prioritization Committee's prioritization scoring | ||||||
25 | system. By July 1, 2008 and by July 1 of each thereafter, the | ||||||
26 | District Prioritization Committee shall hold a public hearing |
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1 | to present to the public and allow public testimony on the | ||||||
2 | proposed projects. By September 1, 2008 and by September 1 of | ||||||
3 | each year thereafter, the District Prioritization Committee | ||||||
4 | shall (i) make recommendations for enhanced regional | ||||||
5 | coordination and consistency among MPO and non-MPO proposed | ||||||
6 | projects; (ii) adopt a prioritized list of non-MPO proposed | ||||||
7 | projects based upon the Committee's prioritization scoring | ||||||
8 | system; and (iii) deliver a prioritized list of non-MPO | ||||||
9 | proposed projects, with a description of each project, to the | ||||||
10 | Statewide Prioritization Committee.
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11 | (e) By June 1, 2008 and by June 1 of each year thereafter, | ||||||
12 | the Statewide Prioritization Committee shall develop a list and | ||||||
13 | independently score proposed statewide projects. All such | ||||||
14 | proposed projects must be consistent with the most recent STIP | ||||||
15 | and the Department's long-range plan. By July 1, 2008 and by | ||||||
16 | July 1 of each thereafter, the Statewide Prioritization | ||||||
17 | Committee shall hold a public hearing to present to the public | ||||||
18 | and allow public testimony on the proposed statewide projects. | ||||||
19 | By September 1, 2008 and by September 1 of each thereafter, the | ||||||
20 | Statewide Prioritization Committee shall adopt a prioritized | ||||||
21 | list of proposed statewide projects based upon the Committee's | ||||||
22 | prioritization scoring system. | ||||||
23 | (f) By October 15, 2008 and by October 15 of each year | ||||||
24 | thereafter, the Statewide Prioritization Committee shall meet | ||||||
25 | to hear public testimony and consider the prioritized lists | ||||||
26 | developed by each Committee and MPO. By January 15, 2009 and by |
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1 | January 15 of each year thereafter, the Statewide | ||||||
2 | Prioritization Committee shall submit to the Governor and | ||||||
3 | General Assembly a comprehensive project prioritization plan | ||||||
4 | that: (i) describes the uniform state evaluation criteria and | ||||||
5 | the prioritization scoring system used by each MPO and | ||||||
6 | Committee; (ii) includes all of the projects submitted for | ||||||
7 | consideration by each MPO and Committee; and (iii) prioritizes | ||||||
8 | all projects for state and federal funding, noting the likely | ||||||
9 | availability of such funding and any use restrictions | ||||||
10 | applicable to a fund source. The comprehensive project | ||||||
11 | prioritization plan shall serve as the annual project program | ||||||
12 | for the highway, mass transportation, and railroad systems | ||||||
13 | required to be developed by the Department pursuant to Section | ||||||
14 | 2705-200 of the Department of Transportation Law in the Civil | ||||||
15 | Administrative Code of Illinois. | ||||||
16 | (g) By March 1, 2009 and by March 1 of each year | ||||||
17 | thereafter, the Statewide Prioritization Committee may, | ||||||
18 | through a process involving opportunity for public review and | ||||||
19 | comment, modify any of the following: (i) the uniform statewide | ||||||
20 | evaluation criteria; (ii) the process for calculating the | ||||||
21 | benefit/per-capita cost; and (iii) the process for evaluating | ||||||
22 | and prioritizing projects contained on the MPO and Committee | ||||||
23 | prioritized lists developed in accordance with this Section. By | ||||||
24 | March 1, 2009 and by March 1 of each year thereafter, each | ||||||
25 | District Prioritization Committee and MPO may, through a | ||||||
26 | process involving opportunity for public review and comment, |
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1 | modify its weighting system for the uniform statewide | ||||||
2 | evaluation criteria. Any modification made in accordance with | ||||||
3 | this subsection shall be immediately provided to the Department | ||||||
4 | for posting on the website described in Section 25 of this Act, | ||||||
5 | and the Department shall notify each Committee and MPO of the | ||||||
6 | modification. | ||||||
7 | Section 25. Establishment of Department website. Upon the | ||||||
8 | effective date of this Act, the Department shall mail a copy of | ||||||
9 | the Act and a description thereof to each MPO, RPC and county | ||||||
10 | board in the State. Within 60 days after the effective date of | ||||||
11 | this Act, the Department shall establish a dedicated section of | ||||||
12 | its website that includes the Act and a description thereof The | ||||||
13 | Department shall maintain and update the website to include: | ||||||
14 | (1) The membership of all Committees and MPOs;
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15 | (2) Meeting notices, agendas, and minutes for all | ||||||
16 | meetings and hearings required pursuant to this Act;
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17 | (3) A description of the uniform statewide evaluation | ||||||
18 | criteria;
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19 | (4) A description of the prioritization scoring system | ||||||
20 | used by each Committee and MPO;
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21 | (5) The prioritized project list adopted by each | ||||||
22 | Committee and MPO, and the comprehensive project | ||||||
23 | prioritization plan adopted by the Statewide | ||||||
24 | Prioritization Committee;
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25 | (6) A description of opportunities for public comment |
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1 | and input into the prioritization process; and
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2 | (7) An email address for members of the public to | ||||||
3 | submit comments on proposed projects and the comprehensive | ||||||
4 | project prioritization plan.
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5 | Section 30. Consideration and implementation of the | ||||||
6 | Comprehensive Project Prioritization Plan. | ||||||
7 | (a) Commencing in 2010 and in each year thereafter, the | ||||||
8 | Chairpersons of the House and Senate committees having | ||||||
9 | jurisdiction over transportation matters shall, within 14 days | ||||||
10 | after the Governor's submission of the proposed capital budget, | ||||||
11 | convene a joint subject matter hearing to consider the | ||||||
12 | comprehensive project prioritization plan and the impact of the | ||||||
13 | proposed capital budget on the State's implementation of | ||||||
14 | projects contained therein.
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15 | (b) Commencing in 2010 and in each year thereafter, the | ||||||
16 | Department shall, within 30 days of the adoption of the state | ||||||
17 | budget, prepare and post on its website a final annual surface | ||||||
18 | transportation program project listing that allocates | ||||||
19 | available state funding in accordance with the funding | ||||||
20 | recommendations and prioritization process set forth in the | ||||||
21 | comprehensive project prioritization plan. The program project | ||||||
22 | listings shall specify all projects included in the | ||||||
23 | comprehensive project prioritization plan but not included in | ||||||
24 | the final project listings due to funding limitations.
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25 | (c) The comprehensive project prioritization plan shall |
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1 | serve as the basis for the Department's draft and final STIP. | ||||||
2 | The draft and final STIP may not include any projects that were | ||||||
3 | not included in the most recent comprehensive project | ||||||
4 | prioritization plan.
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5 | (d) The Department's master plan and 5-year project | ||||||
6 | programs published and delivered to the Governor and General | ||||||
7 | Assembly in accordance with subsection 2705-200(a) of the Civil | ||||||
8 | Administrative Code shall include an analysis of the three most | ||||||
9 | recent comprehensive project prioritization plans, and shall | ||||||
10 | identify priority transportation subsystems and critical | ||||||
11 | system components based upon the prioritization and funding | ||||||
12 | recommendations contained in the 3 most recent comprehensive | ||||||
13 | project prioritization plans.
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14 | Section 35. Rules. The Department may adopt any rules that | ||||||
15 | it deems necessary to administer the terms and provisions of | ||||||
16 | this Act. | ||||||
17 | Section 90. The Department of Transportation Law of the
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18 | Civil Administrative Code of Illinois is amended by changing | ||||||
19 | Section 2705-200 as follows:
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20 | (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
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21 | Sec. 2705-200. Master plan; reporting requirements.
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22 | (a) The Department has the power to develop and maintain a | ||||||
23 | continuing,
comprehensive, and integrated planning process |
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1 | that shall develop and
periodically revise a statewide master | ||||||
2 | plan for transportation to guide program
development and to | ||||||
3 | foster efficient and economical transportation services in
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4 | ground, air, water, and
all other modes of transportation | ||||||
5 | throughout the State. The Department
shall coordinate its | ||||||
6 | transportation planning activities with those of other
State | ||||||
7 | agencies and authorities and shall supervise and review any
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8 | transportation planning performed by other Executive agencies | ||||||
9 | under the
direction of the Governor. The Department shall | ||||||
10 | cooperate and participate
with federal, regional, interstate, | ||||||
11 | State, and local agencies, in accordance
with Sections 5-301 | ||||||
12 | and 7-301 of the Illinois Highway Code, and with
interested | ||||||
13 | private individuals and organizations in the coordination of
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14 | plans and policies for development of the state's | ||||||
15 | transportation system.
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16 | To meet the provisions of this Section, the Department | ||||||
17 | shall publish and
deliver to the Governor and General Assembly | ||||||
18 | by January 1, 1982 and every 2
years thereafter, its master | ||||||
19 | plan for highway, waterway, aeronautic, mass
transportation, | ||||||
20 | and railroad systems. The plan shall identify priority
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21 | subsystems or components of each system that are critical to | ||||||
22 | the economic and
general welfare of this State regardless of | ||||||
23 | public jurisdictional
responsibility or private ownership.
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24 | The master plan shall provide particular emphasis and | ||||||
25 | detail of at least the 5-year
period in the immediate future.
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26 | Annual and 5-year, or longer, project programs for each |
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1 | State system in this Section
shall , through and including 2009,
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2 | be published and furnished the General Assembly on the first | ||||||
3 | Wednesday
in April of each year. Commencing in 2010 and in each | ||||||
4 | year thereafter, the annual and 5-year project programs for | ||||||
5 | each State system must be published and furnished to the | ||||||
6 | General Assembly by January 15.
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7 | Identified needs included in the project programs shall be | ||||||
8 | listed and
mapped in a distinctive fashion to clearly identify | ||||||
9 | the priority status
of the projects: (1) projects to be | ||||||
10 | committed for execution; (2) tentative
projects that are | ||||||
11 | dependent upon funding or other constraints; and (3) needed
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12 | projects that are not programmed due to lack of funding or | ||||||
13 | other constraints.
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14 | All projects shall be related to the priority systems of | ||||||
15 | the master plan,
and the priority criteria identified. Cost and | ||||||
16 | estimated completion dates
shall be included for work required | ||||||
17 | to complete a useable segment or component
beyond the
period of | ||||||
18 | the program.
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19 | (b) Through and including 2009, the
The Department shall | ||||||
20 | publish and deliver to the Governor and General
Assembly on the | ||||||
21 | first Wednesday in April of each year a 5-year, or longer, | ||||||
22 | Highway
Improvement Program reporting
the number of fiscal | ||||||
23 | years each project has been on previous
plans submitted by the | ||||||
24 | Department. Commencing in 2010 and in each year thereafter, the | ||||||
25 | annual and 5-year project programs for each State system must | ||||||
26 | be published and furnished to the General Assembly by January |
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1 | 15.
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2 | (c) The Department shall publish and deliver to the | ||||||
3 | Governor and the General
Assembly by November 1 of each year a | ||||||
4 | For the Record report that shall include
the following:
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5 | (1) All the projects accomplished in the previous | ||||||
6 | fiscal year
listed by each Illinois Department of | ||||||
7 | Transportation District.
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8 | (2) The award cost and the beginning
dates of each | ||||||
9 | listed project.
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10 | (Source: P.A. 94-91, eff. 7-1-05.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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