HB5152eng 95TH GENERAL ASSEMBLY

HB5152 Engrossed LRB095 12468 HLH 37701 b

AN ACT concerning State government.

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

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-200 as follows:

(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)

Sec. 2705-200. Master plan; reporting requirements.

(a) The Department has the power to develop and maintain a continuing, comprehensive, and integrated planning process that shall develop and periodically revise a statewide master plan for transportation to guide program development and to foster efficient and economical transportation services in ground, air, water, and all other modes of transportation throughout the State. The Department shall coordinate its transportation planning activities with those of other State agencies and authorities and shall supervise and review any transportation planning performed by other Executive agencies under the direction of the Governor. The Department shall cooperate and participate with federal, regional, interstate, State, and local agencies, in accordance with Sections 5-301 and 7-301 of the Illinois Highway Code, and with interested private individuals and organizations in the coordination of plans and policies for development of the state's transportation system.

To meet the provisions of this Section, the Department shall publish and deliver to the Governor and General Assembly by January 1, 1982 and every 2 years thereafter, its master plan for highway, waterway, aeronautic, mass transportation, and railroad systems. The plan shall identify priority subsystems or components of each system that are critical to the economic and general welfare of this State regardless of public jurisdictional responsibility or private ownership.

The master plan shall provide particular emphasis and detail of at least the 5-year period in the immediate future.

Annual and 5-year, or longer, project programs for each State system in this Section shall be published and furnished the General Assembly on the first Wednesday in April of each year.

Identified needs included in the project programs shall be listed and mapped in a distinctive fashion to clearly identify the priority status of the projects: (1) projects to be committed for execution; (2) tentative projects that are dependent upon funding or other constraints; and (3) needed projects that are not programmed due to lack of funding or other constraints.

All projects shall be related to the priority systems of the master plan, and the priority criteria identified. Cost and estimated completion dates shall be included for work required to complete a useable segment or component beyond the period of the program.

(b) The Department shall publish and deliver to the Governor and General Assembly on the first Wednesday in April of each year a 5-year, or longer, Highway Improvement Program reporting the number of fiscal years each project has been on previous plans submitted by the Department. It is a goal of the Highway Improvement Program that the percentage of State-jurisdiction mileage and bridges in acceptable condition be comparable throughout the State and that the percentage of State-jurisdiction miles and bridges in acceptable condition in each of the Department's highway districts, as those districts were organized on January 1, 2008, be no lower than 5 percentage points below the statewide average percentage in acceptable condition.

Funding in the Highway Improvement Program shall be allocated as follows: 45% for projects in highway district 1 and 55% for projects in highway districts 2 through 9, as those districts were organized on January 1, 2008. For Fiscal Year 2009, a minimum of two-thirds of the funds allocated for highway districts 2 through 9 shall be allocated as follows: 13.63% for projects in district 2; 12.44% for projects in district 3; 11.66% for projects in district 4; 9.89% for projects in district 5; 13.88% for projects in district 6; 10.56% for projects in district 7; 17.67% for projects in district 8; and 10.27% for projects in district 9. Starting in Fiscal Year 2010, a minimum of two-thirds of the funds allocated for highway districts 2 through 9 shall be allocated as follows: one-third in the ratio that the total lane miles of State-jurisdiction roads in each of the highway districts bears to the total lane miles of State-jurisdiction roads in highway districts 2 through 9; one-third in the ratio that the total square footage of State-jurisdiction bridges in each of the highway districts bears to the total square footage of State-jurisdiction bridges in highway districts 2 through 9; and one-third in the ratio that the miles of daily travel on State-jurisdiction roads in each of the highway districts bears to the total miles of daily travel on State-jurisdiction roads in highway districts 2 through 9. If in any year a catastrophic road or bridge failure makes impracticable the funding allocation for highway districts 2 through 9, the Secretary may declare an emergency and reallocate the funding as needed to address the catastrophic road or bridge failure. The remaining funds shall be allocated by the Department for projects in highway districts 2 through 9.

The Highway Improvement Program shall include the following information statewide and for each of the Department's highway districts:

(1) Overall funding proposed for the first year of the Highway Improvement Program.

(2) For roads and bridges under State jurisdiction, the current percentage of miles and bridges in acceptable condition.

(3) For roads and bridges under State jurisdiction, the projected percentage of miles and bridges in acceptable condition at the end of the Highway Improvement Program.

(b-5) The Department shall publish and deliver to the Governor and General Assembly an Annual Highway Improvement Program within 60 days after the start of each fiscal year or of the enactment of the Department's highway construction appropriation for that fiscal year, whichever is later. Funding in the Annual Highway Improvement Program shall be allocated as follows: 45% for projects in highway district 1 and 55% for projects in highway districts 2 through 9, as those districts were organized on January 1, 2008. For Fiscal Year 2009, a minimum of two-thirds of the funds allocated for highway districts 2 through 9 shall be allocated as follows: 13.63% for projects in district 2; 12.44% for projects in district 3; 11.66% for projects in district 4; 9.89% for projects in district 5; 13.88% for projects in district 6; 10.56% for projects in district 7; 17.67% for projects in district 8; and 10.27% for projects in district 9. Starting in Fiscal Year 2010, a minimum of two-thirds of the funds allocated for highway districts 2 through 9 shall be allocated as follows: one-third in the ratio that the total lane miles of State-jurisdiction roads in each of the highway districts bears to the total lane miles of State-jurisdiction roads in highway districts 2 through 9; one-third in the ratio that the total square footage of State-jurisdiction bridges in each of the highway districts bears to the total square footage of State-jurisdiction bridges in highway districts 2 through 9; and one-third in the ratio that the miles of daily travel on State-jurisdiction roads in each of the highway districts bears to the total miles of daily travel on State-jurisdiction roads in highway districts 2 through 9. The remaining funds shall be allocated by the Department for projects in highway districts 2 through 9. If in any year a catastrophic road or bridge failure makes impracticable the funding allocation for highway districts 2 through 9, the Secretary may declare an emergency and reallocate the funding as needed to address the catastrophic road or bridge failure.

The Annual Highway Improvement Program shall include the following information statewide and for each of the Department's highway districts:

(1) Total proposed funding, total number of miles to be improved, and total number of bridges to be improved.

(2) For roads and bridges under State jurisdiction, the current percentage of miles and bridges in acceptable condition.

(3) For roads and bridges under State jurisdiction, the projected percentage of miles and bridges in acceptable condition at the end of the Annual Highway Improvement Program.

(c) The Department shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each listed project.

(3) Statewide and for each of the Department's highway districts, the total of program accomplishments in dollars, number of miles, and number of bridges.

(4) For roads and bridges under State jurisdiction, the current percentage of miles and bridges in acceptable condition.

(5) For any highway district whose percentage of miles, bridges, or both that are in acceptable condition is more than 5 percentage points below the statewide average percentage in acceptable condition, a description of remedial actions that will be taken in the next Highway Improvement Program for raising that district's percentage of roads, bridges, or both that are in acceptable condition.

(d) Following publication of each of the documents required by subsections (b), (b-5), and (c), the Commission on Government Forecasting and Accountability shall review the documents and certify to the Governor, Senate President, and Speaker of the House whether the requirements contained in subsections (b), (b-5), and (c) regarding each highway district's percentage funding allocation and each highway district's road and bridge conditions are being met.

(e) Every 2 years, the Auditor General shall review the performance of the Department to assure the Department is meeting the requirements of subsections (b), (b-5), and (c).

(f) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this paragraph, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 94-91, eff. 7-1-05.)

Section 99. Effective date. This Act takes effect July 1, 2008.