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1 | AN ACT concerning State government.
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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 5. The Department of Transportation Law of the
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5 | Civil Administrative Code of Illinois is amended by changing | ||||||
6 | Section 2705-200 as follows:
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7 | (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
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8 | Sec. 2705-200. Master plan; reporting requirements.
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9 | (a) The Department has the power to develop and maintain a | ||||||
10 | continuing,
comprehensive, and integrated planning process | ||||||
11 | that shall develop and
periodically revise a statewide master | ||||||
12 | plan for transportation to guide program
development and to | ||||||
13 | foster efficient and economical transportation services in
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14 | ground, air, water, and
all other modes of transportation | ||||||
15 | throughout the State. The Department
shall coordinate its | ||||||
16 | transportation planning activities with those of other
State | ||||||
17 | agencies and authorities and shall supervise and review any
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18 | transportation planning performed by other Executive agencies | ||||||
19 | under the
direction of the Governor. The Department shall | ||||||
20 | cooperate and participate
with federal, regional, interstate, | ||||||
21 | State, and local agencies, in accordance
with Sections 5-301 | ||||||
22 | and 7-301 of the Illinois Highway Code, and with
interested | ||||||
23 | private individuals and organizations in the coordination of
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1 | plans and policies for development of the state's | ||||||
2 | transportation system.
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3 | To meet the provisions of this Section, the Department | ||||||
4 | shall publish and
deliver to the Governor and General Assembly | ||||||
5 | by January 1, 1982 and every 2
years thereafter, its master | ||||||
6 | plan for highway, waterway, aeronautic, mass
transportation, | ||||||
7 | and railroad systems. The plan shall identify priority
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8 | subsystems or components of each system that are critical to | ||||||
9 | the economic and
general welfare of this State regardless of | ||||||
10 | public jurisdictional
responsibility or private ownership.
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11 | The master plan shall provide particular emphasis and | ||||||
12 | detail of at least the 5-year
period in the immediate future.
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13 | Annual and 5-year, or longer, project programs for each | ||||||
14 | State system in this Section
shall be published and furnished | ||||||
15 | the General Assembly on the first Wednesday
in April of each | ||||||
16 | year.
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17 | Identified needs included in the project programs shall be | ||||||
18 | listed and
mapped in a distinctive fashion to clearly identify | ||||||
19 | the priority status
of the projects: (1) projects to be | ||||||
20 | committed for execution; (2) tentative
projects that are | ||||||
21 | dependent upon funding or other constraints; and (3) needed
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22 | projects that are not programmed due to lack of funding or | ||||||
23 | other constraints.
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24 | All projects shall be related to the priority systems of | ||||||
25 | the master plan,
and the priority criteria identified. Cost and | ||||||
26 | estimated completion dates
shall be included for work required |
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1 | to complete a useable segment or component
beyond the
period of | ||||||
2 | the program.
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3 | (b) The Department shall publish and deliver to the | ||||||
4 | Governor and General
Assembly on the first Wednesday in April | ||||||
5 | of each year a 5-year, or longer, Highway
Improvement Program | ||||||
6 | reporting
the number of fiscal years each project has been on | ||||||
7 | previous
plans submitted by the Department. It is a goal of the | ||||||
8 | Highway Improvement Program that the percentage of | ||||||
9 | State-jurisdiction mileage and bridges in acceptable condition | ||||||
10 | be comparable throughout the State and that the percentage of | ||||||
11 | State-jurisdiction miles and bridges in acceptable condition | ||||||
12 | in each of the Department's highway districts, as those | ||||||
13 | districts were organized on January 1, 2008, be no lower than 5 | ||||||
14 | percentage points below the statewide average percentage in | ||||||
15 | acceptable condition.
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16 | Funding in the Highway Improvement Program shall be | ||||||
17 | allocated as follows: 45% for projects in highway district 1 | ||||||
18 | and 55% for projects in highway districts 2 through 9, as those | ||||||
19 | districts were organized on January 1, 2008. For Fiscal Year | ||||||
20 | 2009, a minimum of two-thirds of the funds allocated for | ||||||
21 | highway districts 2 through 9 shall be allocated as follows: | ||||||
22 | 13.63% for projects in district 2; 12.44% for projects in | ||||||
23 | district 3; 11.66% for projects in district 4; 9.89% for | ||||||
24 | projects in district 5; 13.88% for projects in district 6; | ||||||
25 | 10.56% for projects in district 7; 17.67% for projects in | ||||||
26 | district 8; and 10.27% for projects in district 9. Starting in |
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1 | Fiscal Year 2010, a minimum of two-thirds of the funds | ||||||
2 | allocated for highway districts 2 through 9 shall be allocated | ||||||
3 | as follows: one-third in the ratio that the total lane miles of | ||||||
4 | State-jurisdiction roads in each of the highway districts bears | ||||||
5 | to the total lane miles of State-jurisdiction roads in highway | ||||||
6 | districts 2 through 9; one-third in the ratio that the total | ||||||
7 | square footage of State-jurisdiction bridges in each of the | ||||||
8 | highway districts bears to the total square footage of | ||||||
9 | State-jurisdiction bridges in highway districts 2 through 9; | ||||||
10 | and one-third in the ratio that the miles of daily travel on | ||||||
11 | State-jurisdiction roads in each of the highway districts bears | ||||||
12 | to the total miles of daily travel on State-jurisdiction roads | ||||||
13 | in highway districts 2 through 9. If in any year a catastrophic | ||||||
14 | road or bridge failure makes impracticable the funding | ||||||
15 | allocation for highway districts 2 through 9, the Secretary may | ||||||
16 | declare an emergency and reallocate the funding as needed to | ||||||
17 | address the catastrophic road or bridge failure. The remaining | ||||||
18 | funds shall be allocated by the Department for projects in | ||||||
19 | highway districts 2 through 9. | ||||||
20 | The Highway Improvement Program shall include the | ||||||
21 | following information statewide and for each of the | ||||||
22 | Department's highway districts: | ||||||
23 | (1) Overall funding proposed for the first year of the | ||||||
24 | Highway Improvement Program. | ||||||
25 | (2) For roads and bridges under State jurisdiction, the | ||||||
26 | current percentage of miles and bridges in acceptable |
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1 | condition. | ||||||
2 | (3) For roads and bridges under State jurisdiction, the | ||||||
3 | projected percentage of miles and bridges in acceptable | ||||||
4 | condition at the end of the Highway Improvement Program. | ||||||
5 | (b-5) The Department shall publish and deliver to the | ||||||
6 | Governor and General Assembly an Annual Highway Improvement | ||||||
7 | Program within 60 days after the start of each fiscal year or | ||||||
8 | of the enactment of the Department's highway construction | ||||||
9 | appropriation for that fiscal year, whichever is later. Funding | ||||||
10 | in the Annual Highway Improvement Program shall be allocated as | ||||||
11 | follows: 45% for projects in highway district 1 and 55% for | ||||||
12 | projects in highway districts 2 through 9, as those districts | ||||||
13 | were organized on January 1, 2008. For Fiscal Year 2009, a | ||||||
14 | minimum of two-thirds of the funds allocated for highway | ||||||
15 | districts 2 through 9 shall be allocated as follows: 13.63% for | ||||||
16 | projects in district 2; 12.44% for projects in district 3; | ||||||
17 | 11.66% for projects in district 4; 9.89% for projects in | ||||||
18 | district 5; 13.88% for projects in district 6; 10.56% for | ||||||
19 | projects in district 7; 17.67% for projects in district 8; and | ||||||
20 | 10.27% for projects in district 9. Starting in Fiscal Year | ||||||
21 | 2010, a minimum of two-thirds of the funds allocated for | ||||||
22 | highway districts 2 through 9 shall be allocated as follows: | ||||||
23 | one-third in the ratio that the total lane miles of | ||||||
24 | State-jurisdiction roads in each of the highway districts bears | ||||||
25 | to the total lane miles of State-jurisdiction roads in highway | ||||||
26 | districts 2 through 9; one-third in the ratio that the total |
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1 | square footage of State-jurisdiction bridges in each of the | ||||||
2 | highway districts bears to the total square footage of | ||||||
3 | State-jurisdiction bridges in highway districts 2 through 9; | ||||||
4 | and one-third in the ratio that the miles of daily travel on | ||||||
5 | State-jurisdiction roads in each of the highway districts bears | ||||||
6 | to the total miles of daily travel on State-jurisdiction roads | ||||||
7 | in highway districts 2 through 9.
The remaining funds shall be | ||||||
8 | allocated by the Department for projects in highway districts 2 | ||||||
9 | through 9. If in any year a catastrophic road or bridge failure | ||||||
10 | makes impracticable the funding allocation for highway | ||||||
11 | districts 2 through 9, the Secretary may declare an emergency | ||||||
12 | and reallocate the funding as needed to address the | ||||||
13 | catastrophic road or bridge failure. | ||||||
14 | The Annual Highway Improvement Program shall include the | ||||||
15 | following information statewide and for each of the | ||||||
16 | Department's highway districts: | ||||||
17 | (1) Total proposed funding, total number of miles to be | ||||||
18 | improved, and total number of bridges to be improved. | ||||||
19 | (2) For roads and bridges under State jurisdiction, the | ||||||
20 | current percentage of miles and bridges in acceptable | ||||||
21 | condition. | ||||||
22 | (3) For roads and bridges under State jurisdiction, the | ||||||
23 | projected percentage of miles and bridges in acceptable | ||||||
24 | condition at the end of the Annual Highway Improvement | ||||||
25 | Program. | ||||||
26 | (c) The Department shall publish and deliver to the |
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1 | Governor and the General
Assembly by November 1 of each year a | ||||||
2 | For the Record report that shall include
the following:
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3 | (1) All the projects accomplished in the previous | ||||||
4 | fiscal year
listed by each Illinois Department of | ||||||
5 | Transportation District.
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6 | (2) The award cost and the beginning
dates of each | ||||||
7 | listed project.
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8 | (3) Statewide and for each of the Department's highway | ||||||
9 | districts, the total of program accomplishments in | ||||||
10 | dollars, number of miles, and number of bridges. | ||||||
11 | (4) For roads and bridges under State jurisdiction, the | ||||||
12 | current percentage of miles and bridges in acceptable | ||||||
13 | condition. | ||||||
14 | (5) For any highway district whose percentage of miles, | ||||||
15 | bridges, or both that are in acceptable condition is more | ||||||
16 | than 5 percentage points below the statewide average | ||||||
17 | percentage in acceptable condition, a description of | ||||||
18 | remedial actions that will be taken in the next Highway | ||||||
19 | Improvement Program for raising that district's percentage | ||||||
20 | of roads, bridges, or both that are in acceptable | ||||||
21 | condition. | ||||||
22 | (d) Following publication of each of the documents required | ||||||
23 | by subsections (b), (b-5), and (c), the Commission on | ||||||
24 | Government Forecasting and Accountability shall review the | ||||||
25 | documents and certify to the Governor, Senate President, and | ||||||
26 | Speaker of the House whether the requirements contained in |
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1 | subsections (b), (b-5), and (c) regarding each highway | ||||||
2 | district's percentage funding allocation and each highway | ||||||
3 | district's road and bridge conditions are being met. | ||||||
4 | (e) Every 2 years, the Auditor General shall review the | ||||||
5 | performance of the Department to assure the Department is | ||||||
6 | meeting the requirements of subsections (b), (b-5), and (c). | ||||||
7 | (f) Notwithstanding any other rulemaking authority that | ||||||
8 | may exist, neither the Governor nor any agency or agency head | ||||||
9 | under the jurisdiction of the Governor has any authority to | ||||||
10 | make or promulgate rules to implement or enforce the provisions | ||||||
11 | of this amendatory Act of the 95th General Assembly. If, | ||||||
12 | however, the Governor believes that rules are necessary to | ||||||
13 | implement or enforce the provisions of this amendatory Act of | ||||||
14 | the 95th General Assembly, the Governor may suggest rules to | ||||||
15 | the General Assembly by filing them with the Clerk of the House | ||||||
16 | and the Secretary of the Senate and by requesting that the | ||||||
17 | General Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
24 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
25 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
26 | are given the meanings contained in Sections 1-20 and 1-25 of |
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1 | the Illinois Administrative Procedure Act to the extent that | ||||||
2 | such definitions apply to agencies or agency heads under the | ||||||
3 | jurisdiction of the Governor. | ||||||
4 | (Source: P.A. 94-91, eff. 7-1-05.)
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5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2008.
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