HB4757eng 95TH GENERAL ASSEMBLY

HB4757 Engrossed LRB095 18050 BDD 45200 b

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Transportation Enhancements and Safe Routes to School Transparency Act.

Section 5. Intent. This Act is intended to increase the selection transparency, objectiveness, and predictability of the Transportation Enhancements and Safe Routes to School programs.

Section 10. Definitions. In this Act:

"Committees" means the grants review committees created in this Act.

"Department" means the Illinois Department of Transportation.

"Grant programs" means the Transportation Enhancements Program and the Safe Routes to School Program as defined in the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) or successor programs for transportation enhancements or safe routes to schools activities administered by the United States Department of Transportation.

"Secretary" means the Illinois Secretary of Transportation.

Section 15. Grants review committees. For each of the grant programs, the Secretary shall appoint a committee to evaluate, score, and rank all applications for funding submitted. The committees shall each include 2 representatives from the Department, 2 representatives from metropolitan planning organizations, counties, or municipalities, 4 representatives from other relevant state agencies, and 3 representatives from relevant public interest organizations. Committee members shall be appointed for a 4-year term and shall serve until their successor is appointed. The Secretary shall make appointments to the committees no later than 90 days following the effective date of this Act. The Secretary shall fill vacancies on the committees within 90 days.

Section 20. Grants review process.

(a) Each committee shall establish criteria for evaluating, scoring, and ranking all funding applications for the grant programs. Notwithstanding any other provision of law, these criteria are public records under the Freedom of Information Act. The criteria shall also be made available on the Department's website upon their acceptance by the committee.

(b) The committees shall evaluate, score, and rank all funding applications for the grant programs using the established criteria. All available funding from these programs are subject to this application, evaluation, scoring, and ranking process. Notwithstanding any other provision of law, the scores and rankings of applications are public records under the Freedom of Information Act. The scores and rankings shall also be made available on the Department's website promptly upon their acceptance by the committee.

(c) Notwithstanding any other provision of law, the meetings of the committees are meetings of a public body open to the public under the Open Meetings Act. Any meetings of the committees including evaluating, scoring, and ranking of applications for funding shall include a public comment period. The committees shall establish reasonable criteria for the submission of public comments.

(d) The application evaluation, scoring, and ranking decisions of the committees are binding upon the Department. Applications shall be funded in order of ranking by the committees. The Department shall promptly announce these decisions.

Section 25. Grant programs frequencies and deadlines.

(a) No later than 120 days after the effective date of this Act, the Department, in consultation with the committees, shall select either an annual or biennial application cycle frequency for each grant program. Subject to the availability of federal funds, the grant programs shall follow these frequencies.

(b) The Department and committees shall establish reasonable deadlines, occurring at the same time of each appropriate year, for the submission of any funding applications for the grant programs. The committees shall finalize funding decisions no later than 150 days after the deadlines for the submission of any funding applications for the grant programs.

Section 30. No rulemaking authority. 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 Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, 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 Act 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 Section, "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.

Section 99. Effective date. This Act takes effect upon becoming law.