Full Text of HB4623 96th General Assembly
HB4623sam003 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 4/26/2010
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| AMENDMENT TO HOUSE BILL 4623
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| AMENDMENT NO. ______. Amend House Bill 4623, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Public-Private Partnerships for Transportation Act. | 7 |
| Section 5. Public policy and legislative intent. | 8 |
| (a) It is the public policy of the State of Illinois to | 9 |
| promote the development, financing, and operation of | 10 |
| transportation facilities that serve the needs of the public. | 11 |
| (b) Existing methods of procurement and financing of | 12 |
| transportation facilities by transportation agencies impose | 13 |
| limitations on the methods by which transportation facilities | 14 |
| may be developed and operated within the State. | 15 |
| (c) Authorizing transportation agencies to enter into | 16 |
| public-private partnerships, whereby private entities may |
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| develop, operate, and finance transportation facilities, has | 2 |
| the potential to promote the development of transportation | 3 |
| facilities in the State as well as investment in the State. | 4 |
| (d) It is the intent of this Act to promote public-private | 5 |
| partnerships for transportation by authorizing transportation | 6 |
| agencies to enter into public-private agreements related to the | 7 |
| development, operation, and financing of transportation | 8 |
| facilities. | 9 |
| (e) It is the intent of this Act to encourage the practice | 10 |
| of congestion pricing in connection with toll highways, | 11 |
| pursuant to which higher toll rates are charged during times or | 12 |
| in locations of most congestion. | 13 |
| (f) It is the intent of this Act to use Illinois design | 14 |
| professionals, construction companies, and workers to the | 15 |
| greatest extent possible by offering them the right to compete | 16 |
| for this work. | 17 |
| Section 10. Definitions. As used in this Act: | 18 |
| "Approved proposal" means the proposal that is approved by | 19 |
| the transportation agency pursuant to subsection (e) of Section | 20 |
| 20 of this Act. | 21 |
| "Approved proposer" means the private entity whose | 22 |
| proposal is the approved proposal. | 23 |
| "Authority" means the Illinois State Toll Highway | 24 |
| Authority. | 25 |
| "Contractor" means a private entity that has entered into a |
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| public-private agreement with the transportation agency to | 2 |
| provide services to or on behalf of the transportation agency. | 3 |
| "Department" means the Illinois Department of | 4 |
| Transportation. | 5 |
| "Develop" or "development" means to do one or more of the | 6 |
| following: plan, design, develop, lease, acquire, install, | 7 |
| construct, reconstruct, rehabilitate, extend, or expand. | 8 |
| "Maintain" or "maintenance" includes ordinary maintenance, | 9 |
| repair, rehabilitation, capital maintenance, maintenance | 10 |
| replacement, and any other categories of maintenance that may | 11 |
| be designated by the transportation agency. | 12 |
| "Metropolitan planning organization" means a metropolitan | 13 |
| planning organization designated under 23 U.S.C. Section 134 | 14 |
| whose metropolitan planning area boundaries are partially or | 15 |
| completely within the State. | 16 |
| "Operate" or "operation" means to do one or more of the | 17 |
| following: maintain, improve, equip, modify, or otherwise | 18 |
| operate. | 19 |
| "Private entity" means any combination of one or more | 20 |
| individuals, corporations, general partnerships, limited | 21 |
| liability companies, limited partnerships, joint ventures, | 22 |
| business trusts, nonprofit entities, or other business | 23 |
| entities that are parties to a proposal for a transportation | 24 |
| project or an agreement related to a transportation project. A | 25 |
| public agency may provide services to a contractor as a | 26 |
| subcontractor or subconsultant without affecting the private |
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| status of the private entity and the ability to enter into a | 2 |
| public-private agreement. | 3 |
| "Proposal" means all materials and documents prepared by or | 4 |
| on behalf of a private entity relating to the proposed | 5 |
| development, financing, or operation of a transportation | 6 |
| facility as a transportation project. | 7 |
| "Proposer" means a private entity that has submitted a | 8 |
| proposal or statement of qualifications for a public-private | 9 |
| agreement in response to a request for proposals or a request | 10 |
| for qualifications issued by a transportation agency under this | 11 |
| Act. | 12 |
| "Public-private agreement" means the public-private | 13 |
| agreement between the contractor and the transportation agency | 14 |
| relating to one or more of the development, financing, or | 15 |
| operation of a transportation project that is entered into | 16 |
| under this Act. | 17 |
| "Request for information" means all materials and | 18 |
| documents prepared by or on behalf of the transportation agency | 19 |
| to solicit information from private entities with respect to | 20 |
| transportation projects. | 21 |
| "Request for proposals" means all materials and documents | 22 |
| prepared by or on behalf of the transportation agency to | 23 |
| solicit proposals from private entities to enter into a | 24 |
| public-private agreement. | 25 |
| "Request for qualifications" means all materials and | 26 |
| documents prepared by or on behalf of the transportation agency |
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| to solicit statements of qualification from private entities to | 2 |
| enter into a public-private agreement. | 3 |
| "Revenues" means all revenues, including any combination | 4 |
| of: income; earnings and interest; user fees; lease payments; | 5 |
| allocations; federal, State, and local appropriations, grants, | 6 |
| loans, lines of credit, and credit guarantees; bond proceeds; | 7 |
| equity investments; service payments; or other receipts; | 8 |
| arising out of or in connection with a transportation project, | 9 |
| including the development, financing, and operation of a | 10 |
| transportation project. The term includes money received as | 11 |
| grants, loans, lines of credit, credit guarantees, or otherwise | 12 |
| in aid of a transportation project from the federal government, | 13 |
| the State, a unit of local government, or any agency or | 14 |
| instrumentality of the federal government, the State, or a unit | 15 |
| of local government. | 16 |
| "Transportation agency" means (i) the Department, (ii) the | 17 |
| Authority, or (iii), with respect to an existing airport, an | 18 |
| airport authority created and established under the Airport | 19 |
| Authorities Act owning and operating the airport. | 20 |
| "Transportation facility" means (i) any new or existing | 21 |
| road, highway, toll highway, bridge, tunnel, intermodal | 22 |
| facility, intercity or high-speed passenger rail, or other | 23 |
| transportation facility or infrastructure, excluding airports, | 24 |
| under the jurisdiction of the Department or the Authority, or | 25 |
| (ii) any existing airport owned and operated by an airport | 26 |
| authority created and established under the Airport |
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| Authorities Act. The term "transportation facility" may refer | 2 |
| to one or more transportation facilities that are proposed to | 3 |
| be developed or operated as part of a single transportation | 4 |
| project. | 5 |
| "Transportation project" or "project" means any or the | 6 |
| combination of the development, financing, or operation with | 7 |
| respect to all or a portion of any transportation facility | 8 |
| under the jurisdiction of the transportation agency, | 9 |
| undertaken pursuant to this Act. | 10 |
| "Unit of local government" has the meaning ascribed to that | 11 |
| term in Article VII, Section 1 of the Constitution of the State | 12 |
| of Illinois and also means any unit designated as a municipal | 13 |
| corporation. | 14 |
| "User fees" or "tolls" means the rates, tolls, fees, or | 15 |
| other charges imposed by the contractor for use of all or a | 16 |
| portion of a transportation project under a public-private | 17 |
| agreement. | 18 |
| Section 15. Formation of public-private agreements; | 19 |
| project planning. | 20 |
| (a) Each transportation agency may exercise the powers | 21 |
| granted by this Act to do some or all of develop, finance, and | 22 |
| operate any part of one or more transportation projects through | 23 |
| public-private agreements with one or more private entities. | 24 |
| The net proceeds arising out of a transportation project or | 25 |
| public-private agreement undertaken by the Department pursuant |
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| to this Act shall be deposited into the State Construction | 2 |
| Account Fund. The net proceeds arising out of a transportation | 3 |
| project or public-private agreement undertaken by the | 4 |
| Authority pursuant to this Act shall be deposited into the | 5 |
| Illinois State Toll Highway Authority Fund and shall be used | 6 |
| only as authorized by Section 23 of the Toll Highway Act. | 7 |
| (b) The Authority shall not enter into a public-private | 8 |
| agreement involving a lease or other transfer of any toll | 9 |
| highway, or portions thereof, under the Authority's | 10 |
| jurisdiction which were open to vehicular traffic on the | 11 |
| effective date of this Act. The Authority shall not enter into | 12 |
| a public-private agreement for the purpose of making roadway | 13 |
| improvements, including but not limited to reconstruction, | 14 |
| adding lanes, and adding ramps, to any toll highway, or | 15 |
| portions thereof, under the Authority's jurisdiction which | 16 |
| were open to vehicular traffic on the effective date of this | 17 |
| Act. The Authority may enter into a public-private partnership | 18 |
| to develop, finance, and operate new toll highways authorized | 19 |
| by the Governor and the General Assembly pursuant to Section | 20 |
| 14.1 of the Toll Highway Act, non-highway transportation | 21 |
| projects on the toll highway system such as commuter rail or | 22 |
| high-speed rail lines, and intelligent transportation | 23 |
| infrastructure that will enhance the safety, efficiency, and | 24 |
| environmental quality of the toll highway system. | 25 |
| (c) A contractor has: | 26 |
| (1) all powers allowed by law generally to a private |
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| entity having the same form of organization as the | 2 |
| contractor; and | 3 |
| (2) the power to develop, finance, and operate the | 4 |
| transportation facility and to impose user fees in | 5 |
| connection with the use of the transportation facility, | 6 |
| subject to the terms of the public-private agreement. | 7 |
| No tolls or user fees may be imposed by the contractor | 8 |
| except as set forth in a public-private agreement. | 9 |
| (d) Each year, at least 30 days prior to the beginning of | 10 |
| the transportation agency's fiscal year, and at other times the | 11 |
| transportation agency deems necessary, the Department and the | 12 |
| Authority shall submit for review to the General Assembly a | 13 |
| description of potential projects that the transportation | 14 |
| agency is considering undertaking under this Act. Any | 15 |
| submission from the Authority shall indicate which of its | 16 |
| potential projects, if any, will involve the proposer operating | 17 |
| the transportation facility for a period of one year or more. | 18 |
| Prior to the issuance of any request for qualifications or | 19 |
| request for proposals with respect to any potential project | 20 |
| undertaken by the Department or the Authority pursuant to | 21 |
| Section 20 of this Act, the commencement of a procurement | 22 |
| process for that particular potential project shall be | 23 |
| authorized by joint resolution of the General Assembly. | 24 |
| (e) Each year, at least 30 days prior to the beginning of | 25 |
| the transportation agency's fiscal year, the transportation | 26 |
| agency shall submit a description of potential projects that |
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| the transportation agency is considering undertaking under | 2 |
| this Act to each county, municipality, and metropolitan | 3 |
| planning organization, with respect to each project located | 4 |
| within its boundaries. | 5 |
| (f) Any project undertaken under this Act shall be subject | 6 |
| to all applicable planning requirements otherwise required by | 7 |
| law, including land use planning, regional planning, | 8 |
| transportation planning, and environmental compliance | 9 |
| requirements. | 10 |
| (g) Any new transportation facility developed as a project | 11 |
| under this Act must be consistent with the regional plan then | 12 |
| in existence of any metropolitan planning organization in whose | 13 |
| boundaries the project is located. | 14 |
| Section 20. Procurement process. | 15 |
| (a) A transportation agency seeking to enter into a | 16 |
| public-private partnership with a private entity for the | 17 |
| development, finance, and operation of a transportation | 18 |
| facility as a transportation project shall determine and set | 19 |
| forth the criteria for the selection process. The | 20 |
| transportation agency shall use (i) a competitive sealed | 21 |
| bidding process, (ii) a competitive sealed proposal process, or | 22 |
| (iii) a design-build procurement process in accordance with | 23 |
| Section 25 of this Act. Before using one of these processes the | 24 |
| transportation agency may use a request for information to | 25 |
| obtain information relating to possible public-private |
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| partnerships. | 2 |
| The selection of professional design firms by a | 3 |
| transportation agency or private entity shall comply with the | 4 |
| Architectural, Engineering, and Land Surveying Qualifications | 5 |
| Based Selection Act or Section 25 of this Act. | 6 |
| Nothing in this Act shall preclude a public agency, | 7 |
| including the Department or the Authority, from submitting a | 8 |
| proposal to develop or operate, or to develop and operate, a | 9 |
| transportation facility as a transportation project. The | 10 |
| transportation agency shall give a proposal submitted by a | 11 |
| public agency equal consideration as it gives proposals | 12 |
| submitted by private entities, and, for that purpose, treat the | 13 |
| public agency as a private entity. | 14 |
| All procurement processes shall incorporate requirements | 15 |
| and set forth goals for participation by disadvantaged business | 16 |
| enterprises as allowed under State and federal law. | 17 |
| (b) The transportation agency shall establish a process for | 18 |
| prequalification of all potential private entities. The | 19 |
| transportation agency shall: (i) provide a public notice of the | 20 |
| prequalification process for such period as deemed appropriate | 21 |
| by the agency; (ii) set forth requirements and evaluation | 22 |
| criteria in order to become prequalified; (iii) determine which | 23 |
| private entities that have submitted prequalification | 24 |
| applications, if any, meet the requirements and evaluation | 25 |
| criteria; and (iv) allow only those entities that have been | 26 |
| prequalified to submit proposals or bids. The transportation |
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| agency shall make publicly available on its website during the | 2 |
| request for qualifications period information regarding firms | 3 |
| that are prequalified by the transportation agency pursuant to | 4 |
| Section 20 of the Architectural, Engineering, and Land | 5 |
| Surveying Qualifications Based Selection Act to provide | 6 |
| architectural, engineering, and land surveying services and | 7 |
| shall require the use of such firms for such services. | 8 |
| (c) Competitive sealed bidding requirements: | 9 |
| (1) All contracts shall be awarded by competitive | 10 |
| sealed bidding except as otherwise provided in subsection | 11 |
| (d) of this Section and Section 25 of this Act. | 12 |
| (2) An invitation for bids shall be issued and shall | 13 |
| include a description of the public-private partnership | 14 |
| with a private entity for the development, finance, and | 15 |
| operation of a transportation facility as a transportation | 16 |
| project, and the material contractual terms and conditions | 17 |
| applicable to the procurement. | 18 |
| (3) Public notice of the invitation for bids shall be | 19 |
| published in the State of Illinois Procurement Bulletin at | 20 |
| least 21 days before the date set in the invitation for the | 21 |
| opening of bids. | 22 |
| (4) Bids shall be opened publicly in the presence of | 23 |
| one or more witnesses at the time and place designated in | 24 |
| the invitation for bids. The name of each bidder, the | 25 |
| amount of each bid, and other relevant information as may | 26 |
| be specified by rule shall be recorded. After the award of |
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| the contract, the winning bid and the record of each | 2 |
| unsuccessful bid shall be open to public inspection. | 3 |
| (5) Bids shall be unconditionally accepted without | 4 |
| alteration or correction, except as authorized in this Act. | 5 |
| Bids shall be evaluated based on the requirements set forth | 6 |
| in the invitation for bids, which may include criteria to | 7 |
| determine acceptability such as inspection, testing, | 8 |
| quality, workmanship, delivery, and suitability for a | 9 |
| particular purpose. Those criteria that will affect the bid | 10 |
| price and be considered in evaluation for award, such as | 11 |
| discounts, transportation costs, and total or life cycle | 12 |
| costs, shall be objectively measurable. The invitation for | 13 |
| bids shall set forth the evaluation criteria to be used. | 14 |
| (6) Correction or withdrawal of inadvertently | 15 |
| erroneous bids before or after award, or cancellation of | 16 |
| awards of contracts based on bid mistakes, shall be | 17 |
| permitted in accordance with rules. After bid opening, no | 18 |
| changes in bid prices or other provisions of bids | 19 |
| prejudicial to the interest of the State or fair | 20 |
| competition shall be permitted. All decisions to permit the | 21 |
| correction or withdrawal of bids based on bid mistakes | 22 |
| shall be supported by written determination made by the | 23 |
| transportation agency. | 24 |
| (7) The contract shall be awarded with reasonable | 25 |
| promptness by written notice to the lowest responsible and | 26 |
| responsive bidder whose bid meets the requirements and |
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| criteria set forth in the invitation for bids, except when | 2 |
| the transportation agency determines it is not in the best | 3 |
| interest of the State and by written explanation determines | 4 |
| another bidder shall receive the award. The explanation | 5 |
| shall appear in the appropriate volume of the State of | 6 |
| Illinois Procurement Bulletin. The written explanation | 7 |
| must include: | 8 |
| (A) a description of the agency's needs; | 9 |
| (B) a determination that the anticipated cost will | 10 |
| be fair and reasonable; | 11 |
| (C) a listing of all responsible and responsive | 12 |
| bidders; and | 13 |
| (D) the name of the bidder selected, pricing, and | 14 |
| the reasons for selecting that bidder. | 15 |
| (8) When it is considered impracticable to initially | 16 |
| prepare a purchase description to support an award based on | 17 |
| price, an invitation for bids may be issued requesting the | 18 |
| submission of unpriced offers to be followed by an | 19 |
| invitation for bids limited to those bidders whose offers | 20 |
| have been qualified under the criteria set forth in the | 21 |
| first solicitation. | 22 |
| (d) Competitive sealed proposal requirements: | 23 |
| (1) When the transportation agency determines in | 24 |
| writing that the use of competitive sealed bidding or | 25 |
| design-build procurement is either not practicable or not | 26 |
| advantageous to the State, a contract may be entered into |
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| by competitive sealed proposals. | 2 |
| (2) Proposals shall be solicited through a request for | 3 |
| proposals. | 4 |
| (3) Public notice of the request for proposals shall be | 5 |
| published in the State of Illinois Procurement Bulletin at | 6 |
| least 21 days before the date set in the invitation for the | 7 |
| opening of proposals. | 8 |
| (4) Proposals shall be opened publicly in the presence | 9 |
| of one or more witnesses at the time and place designated | 10 |
| in the request for proposals, but proposals shall be opened | 11 |
| in a manner to avoid disclosure of contents to competing | 12 |
| offerors during the process of negotiation. A record of | 13 |
| proposals shall be prepared and shall be open for public | 14 |
| inspection after contract award. | 15 |
| (5) The requests for proposals shall state the relative | 16 |
| importance of price and other evaluation factors. | 17 |
| Proposals shall be submitted in 2 parts: (i) covering items | 18 |
| except price; and (ii) covering price. The first part of | 19 |
| all proposals shall be evaluated and ranked independently | 20 |
| of the second part of all proposals. | 21 |
| (6) As provided in the request for proposals and under | 22 |
| any applicable rules, discussions may be conducted with | 23 |
| responsible offerors who submit proposals determined to be | 24 |
| reasonably susceptible of being selected for award for the | 25 |
| purpose of clarifying and assuring full understanding of | 26 |
| and responsiveness to the solicitation requirements. Those |
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| offerors shall be accorded fair and equal treatment with | 2 |
| respect to any opportunity for discussion and revision of | 3 |
| proposals. Revisions may be permitted after submission and | 4 |
| before award for the purpose of obtaining best and final | 5 |
| offers. In conducting discussions there shall be no | 6 |
| disclosure of any information derived from proposals | 7 |
| submitted by competing offerors. If information is | 8 |
| disclosed to any offeror, it shall be provided to all | 9 |
| competing offerors. | 10 |
| (7) Awards shall be made to the responsible offeror | 11 |
| whose proposal is determined in writing to be the most | 12 |
| advantageous to the State, taking into consideration price | 13 |
| and the evaluation factors set forth in the request for | 14 |
| proposals. The contract file shall contain the basis on | 15 |
| which the award is made. | 16 |
| (e) In the case of a proposal or proposals to the | 17 |
| Department or the Authority, the transportation agency shall | 18 |
| determine, based on its review and evaluation of the proposal | 19 |
| or proposals received in response to the request for proposals, | 20 |
| which one or more proposals, if any, best serve the public | 21 |
| purpose of this Act and satisfy the criteria set forth in the | 22 |
| request for proposals and, with respect to such proposal or | 23 |
| proposals, shall: | 24 |
| (1) submit the proposal or proposals to the Commission | 25 |
| on Government Forecasting and Accountability, which, | 26 |
| within 20 days of submission by the transportation agency, |
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| shall complete a review of the proposal or proposals and | 2 |
| report on the value of the proposal or proposals to the | 3 |
| State; | 4 |
| (2) hold one or more public hearings on the proposal or | 5 |
| proposals, publish notice of the hearing or hearings at | 6 |
| least 7 days before the hearing, and include the following | 7 |
| in the notice: (i) the date, time, and place of the hearing | 8 |
| and the address of the transportation agency, (ii) the | 9 |
| subject matter of the hearing, (iii) a description of the | 10 |
| agreement to be awarded, (iv) the determination made by the | 11 |
| transportation agency that such proposal or proposals best | 12 |
| serve the public purpose of this Act and satisfy the | 13 |
| criteria set forth in the request for proposals, and (v) | 14 |
| that the public may be heard on the proposal or proposals | 15 |
| during the public hearing; and | 16 |
| (3) determine whether or not to recommend to the | 17 |
| Governor that the Governor approve the proposal or | 18 |
| proposals. | 19 |
| The Governor may approve one or more proposals recommended | 20 |
| by the Department or the Authority based upon the review, | 21 |
| evaluation, and recommendation of the transportation agency, | 22 |
| the review and report of the Commission on Government | 23 |
| Forecasting and Accountability, the public hearing, and the | 24 |
| best interests of the State. | 25 |
| (f) In addition to any other rights under this Act, in | 26 |
| connection with any procurement under this Act, the following |
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| rights are reserved to each transportation agency: | 2 |
| (1) to withdraw a request for information, a request | 3 |
| for qualifications, or a request for proposals at any time, | 4 |
| and to publish a new request for information, request for | 5 |
| qualifications, or request for proposals; | 6 |
| (2) to not approve a proposal for any reason; | 7 |
| (3) to not award a public-private agreement for any | 8 |
| reason; | 9 |
| (4) to request clarifications to any statement of | 10 |
| information, qualifications, or proposal received, to seek | 11 |
| one or more revised proposals or one or more best and final | 12 |
| offers, or to conduct negotiations with one or more private | 13 |
| entities that have submitted proposals; | 14 |
| (5) to modify, during the pendency of a procurement, | 15 |
| the terms, provisions, and conditions of a request for | 16 |
| information, request for qualifications, or request for | 17 |
| proposals or the technical specifications or form of a | 18 |
| public-private agreement; | 19 |
| (6) to interview proposers; and | 20 |
| (7) any other rights available to the transportation | 21 |
| agency under applicable law and regulations. | 22 |
| (g) If a proposal is approved, the transportation agency | 23 |
| shall execute the public-private agreement, publish notice of | 24 |
| the execution of the public-private agreement on its website | 25 |
| and in a newspaper or newspapers of general circulation within | 26 |
| the county or counties in which the transportation project is |
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| to be located, and publish the entire agreement on its website. | 2 |
| Any action to contest the validity of a public-private | 3 |
| agreement entered into under this Act must be brought no later | 4 |
| than 60 days after the date of publication of the notice of | 5 |
| execution of the public-private agreement. | 6 |
| (h) For any transportation project with an estimated | 7 |
| construction cost of over $50,000,000, the transportation | 8 |
| agency may also require the approved proposer to pay the costs | 9 |
| for an independent audit of any and all traffic and cost | 10 |
| estimates associated with the approved proposal, as well as a | 11 |
| review of all public costs and potential liabilities to which | 12 |
| taxpayers could be exposed (including improvements to other | 13 |
| transportation facilities that may be needed as a result of the | 14 |
| approved proposal, failure by the approved proposer to | 15 |
| reimburse the transportation agency for services provided, and | 16 |
| potential risk and liability in the event the approved proposer | 17 |
| defaults on the public-private agreement or on bonds issued for | 18 |
| the project). If required by the transportation agency, this | 19 |
| independent audit must be conducted by an independent | 20 |
| consultant selected by the transportation agency, and all | 21 |
| information from the review must be fully disclosed. | 22 |
| (i) The transportation agency may also apply for, execute, | 23 |
| or endorse applications submitted by private entities to obtain | 24 |
| federal credit assistance for qualifying projects developed or | 25 |
| operated pursuant to this Act.
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| Section 25. Design-build procurement. | 2 |
| (a) This Section 25 shall apply only to transportation | 3 |
| projects for which the Department or the Authority intends to | 4 |
| execute a design-build agreement, in which case the Department | 5 |
| or the Authority shall abide by the requirements and procedures | 6 |
| of this Section 25 in addition to other applicable requirements | 7 |
| and procedures set forth in this Act. | 8 |
| (b)(1) The transportation agency must issue a notice of | 9 |
| intent to receive proposals for the project at least 14 days | 10 |
| before issuing the request for the qualifications. The | 11 |
| transportation agency must publish the advance notice in a | 12 |
| daily newspaper of general circulation in the county where the | 13 |
| transportation agency is located. The transportation agency is | 14 |
| encouraged to use publication of the notice in related | 15 |
| construction industry service publications. A brief | 16 |
| description of the proposed procurement must be included in the | 17 |
| notice. The transportation agency must provide a copy of the | 18 |
| request for qualifications to any party requesting a copy. | 19 |
| (2) The request for qualifications shall be prepared for | 20 |
| each project and must contain, without limitation, the | 21 |
| following information: (i) the name of the transportation | 22 |
| agency; (ii) a preliminary schedule for the completion of the | 23 |
| contract; (iii) the proposed budget for the project, the source | 24 |
| of funds, and the currently available funds at the time the | 25 |
| request for proposal is submitted; (iv) prequalification | 26 |
| criteria for design-build entities wishing to submit proposals |
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LRB096 14658 AJT 40617 a |
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| (the transportation agency shall include, at a minimum, its | 2 |
| normal prequalification, licensing, registration, and other | 3 |
| requirements, but nothing contained herein precludes the use of | 4 |
| additional prequalification criteria by the transportation | 5 |
| agency); (v) material requirements of the contract, including | 6 |
| but not limited to, the proposed terms and conditions, required | 7 |
| performance and payment bonds, insurance, and the entity's plan | 8 |
| to comply with the utilization goals established by the | 9 |
| corporate authorities of the transportation agency for | 10 |
| minority and women business enterprises and to comply with | 11 |
| Section 2-105 of the Illinois Human Rights Act; (vi) the | 12 |
| performance criteria; (vii) the evaluation criteria for each | 13 |
| phase of the solicitation; and (viii) the number of entities | 14 |
| that will be considered for the request for proposals phase. | 15 |
| (3) The transportation agency may include any other | 16 |
| relevant information in the request for qualifications that it | 17 |
| chooses to supply. The private entity shall be entitled to rely | 18 |
| upon the accuracy of this documentation in the development of | 19 |
| its statement of qualifications and its proposal. | 20 |
| (4) The date that statements of qualifications are due must | 21 |
| be at least 21 calendar days after the date of the issuance of | 22 |
| the request for qualifications. In the event the cost of the | 23 |
| project is estimated to exceed $12,000,000, then the statement | 24 |
| of qualifications due date must be at least 28 calendar days | 25 |
| after the date of the issuance of the request for | 26 |
| qualifications. The transportation agency shall include in the |
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| request for proposals a minimum of 30 days to develop the | 2 |
| proposals after the selection of entities from the evaluation | 3 |
| of the statements of qualifications is completed. | 4 |
| (c)(1) The transportation agency shall develop, with the | 5 |
| assistance of a licensed design professional, the request for | 6 |
| qualifications and the request for proposals, which shall | 7 |
| include scope and performance criteria. The scope and | 8 |
| performance criteria must be in sufficient detail and contain | 9 |
| adequate information to reasonably apprise the private | 10 |
| entities of the transportation agency's overall programmatic | 11 |
| needs and goals, including criteria and preliminary design | 12 |
| plans, general budget parameters, schedule, and delivery | 13 |
| requirements. | 14 |
| (2) Each request for qualifications and request for | 15 |
| proposals shall also include a description of the level of | 16 |
| design to be provided in the proposals. This description must | 17 |
| include the scope and type of renderings, drawings, and | 18 |
| specifications that, at a minimum, will be required by the | 19 |
| transportation agency to be produced by the private entities. | 20 |
| (3) The scope and performance criteria shall be prepared by | 21 |
| a design professional who is an employee of the transportation | 22 |
| agency, or the transportation agency may contract with an | 23 |
| independent design professional selected under the | 24 |
| Architectural, Engineering, and Land Surveying Qualifications | 25 |
| Based Selection Act to provide these services. | 26 |
| (4) The design professional that prepares the scope and |
|
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| performance criteria is prohibited from participating in any | 2 |
| private entity proposal for the project. | 3 |
| (d)(1) The transportation agency must use a two phase | 4 |
| procedure for the selection of the successful design-build | 5 |
| entity. The request for qualifications phase will evaluate and | 6 |
| shortlist the private entities based on qualifications, and the | 7 |
| request for proposals will evaluate the technical and cost | 8 |
| proposals. | 9 |
| (2) The transportation agency shall include in the request | 10 |
| for qualifications the evaluating factors to be used in the | 11 |
| request for qualifications phase. These factors are in addition | 12 |
| to any prequalification requirements of private entities that | 13 |
| the transportation agency has set forth. Each request for | 14 |
| qualifications shall establish the relative importance | 15 |
| assigned to each evaluation factor and subfactor, including any | 16 |
| weighting of criteria to be employed by the transportation | 17 |
| agency. The transportation agency must maintain a record of the | 18 |
| evaluation scoring to be disclosed in event of a protest | 19 |
| regarding the solicitation. | 20 |
| The transportation agency shall include the following | 21 |
| criteria in every request for qualifications phase evaluation | 22 |
| of private entities: (i) experience of personnel; (ii) | 23 |
| successful experience with similar project types; (iii) | 24 |
| financial capability; (iv) timeliness of past performance; (v) | 25 |
| experience with similarly sized projects; (vi) successful | 26 |
| reference checks of the firm; (vii) commitment to assign |
|
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| personnel for the duration of the project and qualifications of | 2 |
| the entity's consultants; and (viii) ability or past | 3 |
| performance in meeting or exhausting good faith efforts to meet | 4 |
| the utilization goals for business enterprises established in | 5 |
| the Business Enterprise for Minorities, Females, and Persons | 6 |
| with Disabilities Act and in complying with Section 2-105 of | 7 |
| the Illinois Human Rights Act. No proposal shall be considered | 8 |
| that does not include an entity's plan to comply with the | 9 |
| requirements established in the minority and women business | 10 |
| enterprises and economically disadvantaged firms established | 11 |
| by the corporate authorities of the transportation agency and | 12 |
| with Section 2-105 of the Illinois Human Rights Act. The | 13 |
| transportation agency may include any additional relevant | 14 |
| criteria in the request for qualifications phase that it deems | 15 |
| necessary for a proper qualification review. | 16 |
| Upon completion of the qualifications evaluation, the | 17 |
| transportation agency shall create a shortlist of the most | 18 |
| highly qualified private entities. | 19 |
| The transportation agency shall notify the entities | 20 |
| selected for the shortlist in writing. This notification shall | 21 |
| commence the period for the preparation of the request for | 22 |
| proposals phase technical and cost evaluations. The | 23 |
| transportation agency must allow sufficient time for the | 24 |
| shortlist entities to prepare their proposals considering the | 25 |
| scope and detail requested by the transportation agency. | 26 |
| (3) The transportation agency shall include in the request |
|
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| for proposals the evaluating factors to be used in the | 2 |
| technical and cost submission components. Each request for | 3 |
| proposals shall establish, for both the technical and cost | 4 |
| submission components, the relative importance assigned to | 5 |
| each evaluation factor and subfactor, including any weighting | 6 |
| of criteria to be employed by the transportation agency. The | 7 |
| transportation agency must maintain a record of the evaluation | 8 |
| scoring to be disclosed in event of a protest regarding the | 9 |
| solicitation. | 10 |
| The transportation agency shall include the following | 11 |
| criteria in every request for proposals phase technical | 12 |
| evaluation of private entities: (i) compliance with objectives | 13 |
| of the project; (ii) compliance of proposed services to the | 14 |
| request for proposal requirements; (iii) quality of products or | 15 |
| materials proposed; (iv) quality of design parameters; (v) | 16 |
| design concepts; (vi) innovation in meeting the scope and | 17 |
| performance criteria; and (vii) constructability of the | 18 |
| proposed project. The transportation agency may include any | 19 |
| additional relevant technical evaluation factors it deems | 20 |
| necessary for proper selection. | 21 |
| The transportation agency shall include the following | 22 |
| criteria in every request for proposals phase cost evaluation: | 23 |
| the total project cost and the time of completion. The | 24 |
| transportation agency may include any additional relevant | 25 |
| technical evaluation factors it deems necessary for proper | 26 |
| selection. The guaranteed maximum project cost criteria |
|
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|
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LRB096 14658 AJT 40617 a |
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| weighing factor shall not exceed 30%. | 2 |
| The transportation agency shall directly employ or retain a | 3 |
| licensed design professional to evaluate the technical and cost | 4 |
| submissions to determine if the technical submissions are in | 5 |
| accordance with generally accepted industry standards. | 6 |
| (e) Statements of qualifications and proposals must be | 7 |
| properly identified and sealed. Statements of qualifications | 8 |
| and proposals may not be reviewed until after the deadline for | 9 |
| submission has passed as set forth in the request for | 10 |
| qualifications or the request for proposals. All private | 11 |
| entities submitting statements of qualifications or proposals | 12 |
| shall be disclosed after the deadline for submission, and all | 13 |
| private entities who are selected for request for proposals | 14 |
| phase evaluation shall also be disclosed at the time of that | 15 |
| determination. | 16 |
| Phase II design-build proposals shall include a bid bond in | 17 |
| the form and security as designated in the request for | 18 |
| proposals. Proposals shall also contain a separate sealed | 19 |
| envelope with the cost information within the overall proposal | 20 |
| submission. Proposals shall include a list of all design | 21 |
| professionals and other entities to which any work identified | 22 |
| in Section 30-30 of the Illinois Procurement Code as a | 23 |
| subdivision of construction work may be subcontracted during | 24 |
| the performance of the contract. | 25 |
| Statements of qualifications and proposals must meet all | 26 |
| material requirements of the request for qualifications or |
|
|
|
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| request for proposals, or else they may be rejected as | 2 |
| non-responsive. The transportation agency shall have the right | 3 |
| to reject any and all statements of qualifications and | 4 |
| proposals. | 5 |
| The drawings and specifications of any unsuccessful | 6 |
| statement of qualifications or proposal shall remain the | 7 |
| property of the private entity. | 8 |
| The transportation agency shall review the statements of | 9 |
| qualifications and the proposals for compliance with the | 10 |
| performance criteria and evaluation factors. | 11 |
| Statements of qualifications and proposals may be | 12 |
| withdrawn prior to the due date and time for submissions for | 13 |
| any cause. After evaluation begins by the transportation | 14 |
| agency, clear and convincing evidence of error is required for | 15 |
| withdrawal. | 16 |
| Section 30. Interim agreements. | 17 |
| (a) Prior to or in connection with the negotiation of the | 18 |
| public-private agreement, the transportation agency may enter | 19 |
| into an interim agreement with the approved proposer. Such | 20 |
| interim agreement may: | 21 |
| (1) permit the approved proposer to commence | 22 |
| activities relating to a proposed project as the | 23 |
| transportation agency and the approved proposer shall | 24 |
| agree to and for which the approved proposer may be | 25 |
| compensated, including, but not limited to, project |
|
|
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| 1 |
| planning, advance right-of-way acquisition, design and | 2 |
| engineering, environmental analysis and mitigation, | 3 |
| survey, conducting transportation and revenue studies, and | 4 |
| ascertaining the availability of financing for the | 5 |
| proposed facility or facilities; | 6 |
| (2) establish the process and timing of the exclusive | 7 |
| negotiation of a public-private agreement with an approved | 8 |
| proposer; | 9 |
| (3) require that in the event the transportation agency | 10 |
| determines not to proceed with a project after the approved | 11 |
| proposer and the transportation agency have executed an | 12 |
| interim agreement, and thereby terminates the interim | 13 |
| agreement or declines to proceed with negotiation of a | 14 |
| public-private agreement with an approved proposer, the | 15 |
| transportation agency shall pay to the approved proposer | 16 |
| certain fees and costs incurred by the approved proposer; | 17 |
| (4) establish the ownership in the State or in the | 18 |
| Authority of the concepts and designs in the event of | 19 |
| termination of the interim agreement; | 20 |
| (5) establish procedures for the selection of | 21 |
| professional design firms and subcontractors, which shall | 22 |
| include procedures consistent with the Architectural, | 23 |
| Engineering, and Land Surveying Qualifications Based | 24 |
| Selection Act for the selection of design professional | 25 |
| firms and may include, in the discretion of the | 26 |
| transportation agency, procedures consistent with the low |
|
|
|
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| bid procurement procedures outlined in the Illinois | 2 |
| Procurement Code for the selection of construction | 3 |
| companies; and | 4 |
| (6) contain any other provisions related to any aspect | 5 |
| of the transportation project that the parties may deem | 6 |
| appropriate. | 7 |
| (b) A transportation agency may enter into an interim | 8 |
| agreement with multiple approved proposers if the | 9 |
| transportation agency determines in writing that it is in the | 10 |
| public interest to do so. | 11 |
| (c) The approved proposer shall select firms that are | 12 |
| prequalified by the transportation agency pursuant to Section | 13 |
| 20 of the Architectural, Engineering, and Land Surveying | 14 |
| Qualifications Based Selection Act to provide architectural, | 15 |
| engineering, and land surveying services to undertake | 16 |
| activities related to the transportation project. | 17 |
| Section 35. Public-private agreements. | 18 |
| (a) Unless undertaking actions otherwise permitted in an | 19 |
| interim agreement entered into under Section 30 of this Act, | 20 |
| before developing, financing, or operating the transportation | 21 |
| project, the approved proposer shall enter into a | 22 |
| public-private agreement with the transportation agency. | 23 |
| Subject to the requirements of this Act, a public-private | 24 |
| agreement may provide that the approved proposer, acting on | 25 |
| behalf of the transportation agency, is partially or entirely |
|
|
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| responsible for any combination of developing, financing, or | 2 |
| operating the transportation project under terms set forth in | 3 |
| the public-private agreement. | 4 |
| (b) The public-private agreement may, as determined | 5 |
| appropriate by the transportation agency for the particular | 6 |
| transportation project, provide for some or all of the | 7 |
| following: | 8 |
| (1) Construction, financing, and operation of the | 9 |
| transportation project under terms set forth in the | 10 |
| public-private agreement, in any form as deemed | 11 |
| appropriate by the transportation agency, including, but | 12 |
| not limited to, a long-term concession and lease, a | 13 |
| design-bid-build agreement, a design-build agreement, a | 14 |
| design-build-maintain agreement, a | 15 |
| design-build-operate-maintain agreement and a | 16 |
| design-build-finance-operate-maintain agreement. | 17 |
| (2) Delivery of performance and payment bonds or other | 18 |
| performance security determined suitable by the | 19 |
| transportation agency, including letters of credit, United | 20 |
| States bonds and notes, parent guaranties, and cash | 21 |
| collateral, in connection with the development, financing, | 22 |
| or operation of the transportation project, in the forms | 23 |
| and amounts set forth in the public-private agreement or | 24 |
| otherwise determined as satisfactory by the transportation | 25 |
| agency to protect the transportation agency and payment | 26 |
| bond beneficiaries who have a direct contractual |
|
|
|
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| relationship with the contractor or a subcontractor of the | 2 |
| contractor to supply labor or material. The payment or | 3 |
| performance bond or alternative form of performance | 4 |
| security is not required for the portion of a | 5 |
| public-private agreement that includes only design, | 6 |
| planning, or financing services, the performance of | 7 |
| preliminary studies, or the acquisition of real property. | 8 |
| (3) Review of plans for any development or operation, | 9 |
| or both, of the transportation project by the | 10 |
| transportation agency. | 11 |
| (4) Inspection of any construction of or improvements | 12 |
| to the transportation project by the transportation agency | 13 |
| or another entity designated by the transportation agency | 14 |
| or under the public-private agreement to ensure that the | 15 |
| construction or improvements conform to the standards set | 16 |
| forth in the public-private agreement or are otherwise | 17 |
| acceptable to the transportation agency. | 18 |
| (5) Maintenance of: | 19 |
| (A) one or more policies of public liability | 20 |
| insurance (copies of which shall be filed with the | 21 |
| transportation agency accompanied by proofs of | 22 |
| coverage); or | 23 |
| (B) self-insurance; | 24 |
| each in form and amount as set forth in the public-private | 25 |
| agreement or otherwise satisfactory to the transportation | 26 |
| agency as reasonably sufficient to insure coverage of tort |
|
|
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| liability to the public and employees and to enable the | 2 |
| continued operation of the transportation project. | 3 |
| (6) Where operations are included within the | 4 |
| contractor's obligations under the public-private | 5 |
| agreement, monitoring of the maintenance practices of the | 6 |
| contractor by the transportation agency or another entity | 7 |
| designated by the transportation agency or under the | 8 |
| public-private agreement and the taking of the actions the | 9 |
| transportation agency finds appropriate to ensure that the | 10 |
| transportation project is properly maintained. | 11 |
| (7) Reimbursement to be paid to the transportation | 12 |
| agency as set forth in the public-private agreement for | 13 |
| services provided by the transportation agency. | 14 |
| (8) Filing of appropriate financial statements and | 15 |
| reports as set forth in the public-private agreement or as | 16 |
| otherwise in a form acceptable to the transportation agency | 17 |
| on a periodic basis. | 18 |
| (9) Compensation or payments to the contractor. | 19 |
| Compensation or payments may include any or a combination | 20 |
| of the following: | 21 |
| (A) a base fee and additional fee for project | 22 |
| savings as the design-builder of a construction | 23 |
| project; | 24 |
| (B) a development fee, payable on a lump-sum basis, | 25 |
| progress payment basis, time and materials basis, or | 26 |
| another basis deemed appropriate by the transportation |
|
|
|
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| agency; | 2 |
| (C) an operations fee, payable on a lump-sum basis, | 3 |
| time and material basis, periodic basis, or another | 4 |
| basis deemed appropriate by the transportation agency; | 5 |
| (D) some or all of the revenues, if any, arising | 6 |
| out of operation of the transportation project; | 7 |
| (E) a maximum rate of return on investment or | 8 |
| return on equity or a combination of the two; | 9 |
| (F) in-kind services, materials, property, | 10 |
| equipment, or other items; | 11 |
| (G) compensation in the event of any termination; | 12 |
| (H) availability payments or similar arrangements | 13 |
| whereby payments are made to the contractor pursuant to | 14 |
| the terms set forth in the public-private agreement or | 15 |
| related agreements; or | 16 |
| (I) other compensation set forth in the | 17 |
| public-private agreement or otherwise deemed | 18 |
| appropriate by the transportation agency. | 19 |
| (10) Compensation or payments to the transportation | 20 |
| agency, if any. Compensation or payments may include any or | 21 |
| a combination of the following: | 22 |
| (A) a concession or lease payment or other fee, | 23 |
| which may be payable upfront or on a periodic basis or | 24 |
| on another basis deemed appropriate by the | 25 |
| transportation agency; | 26 |
| (B) sharing of revenues, if any, from the operation |
|
|
|
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| of the transportation project; | 2 |
| (C) sharing of project savings from the | 3 |
| construction of the transportation project; | 4 |
| (D) payment for any services, materials, | 5 |
| equipment, personnel, or other items provided by the | 6 |
| transportation agency to the contractor under the | 7 |
| public-private agreement or in connection with the | 8 |
| transportation project; or | 9 |
| (E) other compensation set forth in the | 10 |
| public-private agreement or otherwise deemed | 11 |
| appropriate by the transportation agency. | 12 |
| (11) The date and terms of termination of the | 13 |
| contractor's authority and duties under the public-private | 14 |
| agreement and the circumstances under which the | 15 |
| contractor's authority and duties may be terminated prior | 16 |
| to that date. | 17 |
| (12) Reversion of the transportation project to the | 18 |
| transportation agency at the termination or expiration of | 19 |
| the public-private agreement. | 20 |
| (13) Rights and remedies of the transportation agency | 21 |
| in the event that the contractor defaults or otherwise | 22 |
| fails to comply with the terms of the public-private | 23 |
| agreement. | 24 |
| (14) Procedures for the selection of professional | 25 |
| design firms and subcontractors, which shall include | 26 |
| procedures consistent with the Architectural, Engineering, |
|
|
|
09600HB4623sam003 |
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LRB096 14658 AJT 40617 a |
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| 1 |
| and Land Surveying Qualifications Based Selection Act for | 2 |
| the selection of professional design firms and may include, | 3 |
| in the discretion of the transportation agency, procedures | 4 |
| consistent with the low bid procurement procedures | 5 |
| outlined in the Illinois Procurement Code for the selection | 6 |
| of construction companies. | 7 |
| (15) Other terms, conditions, and provisions that the | 8 |
| transportation agency believes are in the public interest. | 9 |
| (c) The transportation agency may fix and revise the | 10 |
| amounts of user fees that a contractor may charge and collect | 11 |
| for the use of any part of a transportation project in | 12 |
| accordance with the public-private agreement. In fixing the | 13 |
| amounts, the transportation agency may establish maximum | 14 |
| amounts for the user fees and may provide that the maximums and | 15 |
| any increases or decreases of those maximums shall be based | 16 |
| upon the indices, methodologies, or other factors the | 17 |
| transportation agency considers appropriate. | 18 |
| (d) A public-private agreement may: | 19 |
| (1) authorize the imposition of tolls in any manner | 20 |
| determined appropriate by the transportation agency for | 21 |
| the transportation project; | 22 |
| (2) authorize the contractor to adjust the user fees | 23 |
| for the use of the transportation project, so long as the | 24 |
| amounts charged and collected by the contractor do not | 25 |
| exceed the maximum amounts established by the | 26 |
| transportation agency under this Act; |
|
|
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| (3) provide that any adjustment by the contractor | 2 |
| permitted under paragraph (2) of this subsection (d) may be | 3 |
| based on the indices, methodologies, or other factors | 4 |
| described in the public-private agreement or approved by | 5 |
| the transportation agency; | 6 |
| (4) authorize the contractor to charge and collect user | 7 |
| fees through methods, including, but not limited to, | 8 |
| automatic vehicle identification systems, electronic toll | 9 |
| collection systems, and, to the extent permitted by law, | 10 |
| global positioning system-based, photo-based, or | 11 |
| video-based toll collection enforcement, provided that to | 12 |
| the maximum extent feasible the contractor will (i) utilize | 13 |
| open road tolling methods that allow payment of tolls at | 14 |
| highway speeds and (ii) comply with United States | 15 |
| Department of Transportation requirements and best | 16 |
| practices with respect to tolling methods; and | 17 |
| (5) authorize the collection of user fees by a third | 18 |
| party. | 19 |
| (e) In the public-private agreement, the transportation | 20 |
| agency may agree to make grants or loans for the development or | 21 |
| operation, or both, of the transportation project from time to | 22 |
| time from amounts received from the federal government or any | 23 |
| agency or instrumentality of the federal government or from any | 24 |
| State or local agency. | 25 |
| (f) Upon the termination or expiration of the | 26 |
| public-private agreement, including a termination for default, |
|
|
|
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| the transportation agency shall have the right to take over the | 2 |
| transportation project and to succeed to all of the right, | 3 |
| title, and interest in the transportation project, subject to | 4 |
| any liens on revenues previously granted by the contractor to | 5 |
| any person providing financing for the transportation project. | 6 |
| Upon termination or expiration of the public-private agreement | 7 |
| relating to a transportation project undertaken by the | 8 |
| Department, all real property acquired as a part of the | 9 |
| transportation project shall be held in the name of the State | 10 |
| of Illinois. Upon termination or expiration of the | 11 |
| public-private agreement relating to a transportation project | 12 |
| undertaken by the Authority, all real property acquired as a | 13 |
| part of the transportation project shall be held in the name of | 14 |
| the Authority. | 15 |
| (g) If a transportation agency elects to take over a | 16 |
| transportation project as provided in subsection (f) of this | 17 |
| Section, the transportation agency may do the following: | 18 |
| (1) develop, finance, or operate the project, | 19 |
| including through a public-private agreement entered into | 20 |
| in accordance with this Act; or | 21 |
| (2) impose, collect, retain, and use user fees, if any, | 22 |
| for the project. | 23 |
| (h) If a transportation agency elects to take over a | 24 |
| transportation project as provided in subsection (f) of this | 25 |
| Section, the transportation agency may use the revenues, if | 26 |
| any, for any lawful purpose, including to: |
|
|
|
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| (1) make payments to individuals or entities in | 2 |
| connection with any financing of the transportation | 3 |
| project, including through a public-private agreement | 4 |
| entered into in accordance with this Act; | 5 |
| (2) permit a contractor to receive some or all of the | 6 |
| revenues under a public-private agreement entered into | 7 |
| under this Act; | 8 |
| (3) pay development costs of the project; | 9 |
| (4) pay current operation costs of the project or | 10 |
| facilities; | 11 |
| (5) pay the contractor for any compensation or payment | 12 |
| owing upon termination; and | 13 |
| (6) pay for the development, financing, or operation of | 14 |
| any other project or projects the transportation agency | 15 |
| deems appropriate. | 16 |
| (i) The full faith and credit of the State or any political | 17 |
| subdivision of the State or the transportation agency is not | 18 |
| pledged to secure any financing of the contractor by the | 19 |
| election to take over the transportation project. Assumption of | 20 |
| development or operation, or both, of the transportation | 21 |
| project does not obligate the State or any political | 22 |
| subdivision of the State or the transportation agency to pay | 23 |
| any obligation of the contractor. | 24 |
| (j) The transportation agency may enter into a | 25 |
| public-private agreement with multiple approved proposers if | 26 |
| the transportation agency determines in writing that it is in |
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| the public interest to do so. | 2 |
| (k) A public-private agreement shall not include any | 3 |
| provision under which the transportation agency agrees to | 4 |
| restrict or to provide compensation to the private entity for | 5 |
| the construction or operation of a competing transportation | 6 |
| facility during the term of the public-private agreement. | 7 |
| (l) With respect to a public-private agreement entered into | 8 |
| by the Department, the Department shall certify in its State | 9 |
| budget request to the Governor each year the amount required by | 10 |
| the Department during the next State fiscal year to enable the | 11 |
| Department to make any payment obligated to be made by the | 12 |
| Department pursuant to that public-private agreement, and the | 13 |
| Governor shall include that amount in the State budget | 14 |
| submitted to the General Assembly. | 15 |
| Section 40. Development and operations standards for | 16 |
| transportation projects. | 17 |
| (a) The plans and specifications, if any, for each project | 18 |
| developed under this Act must comply with: | 19 |
| (1) the transportation agency's standards for other | 20 |
| projects of a similar nature or as otherwise provided in | 21 |
| the public-private agreement; | 22 |
| (2) the Professional Engineering Practice Act of 1989, | 23 |
| the Structural Engineering Practice Act of 1989, the | 24 |
| Illinois Architecture Practice Act of 1989, the | 25 |
| requirements of Section 30-22 of the Illinois Procurement |
|
|
|
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| Code as they apply to responsible bidders, and the Illinois | 2 |
| Professional Land Surveyor Act of 1989; and | 3 |
| (3) any other applicable State or federal standards. | 4 |
| (b) Each highway project constructed or operated under this | 5 |
| Act is considered to be part of: | 6 |
| (1) the State highway system for purposes of | 7 |
| identification, maintenance standards, and enforcement of | 8 |
| traffic laws if the highway project is under the | 9 |
| jurisdiction of the Department; or | 10 |
| (2) the toll highway system for purposes of | 11 |
| identification, maintenance standards, and enforcement of | 12 |
| traffic laws if the highway project is under the | 13 |
| jurisdiction of the Authority. | 14 |
| (c) Any unit of local government or State agency may enter | 15 |
| into agreements with the contractor for maintenance or other | 16 |
| services under this Act. | 17 |
| (d) Any electronic toll collection system used on a toll | 18 |
| highway, bridge, or tunnel as part of a transportation project | 19 |
| must be compatible with the electronic toll collection system | 20 |
| used by the Authority. The Authority is authorized to | 21 |
| construct, operate, and maintain any electronic toll | 22 |
| collection system used on a toll highway, bridge, or tunnel as | 23 |
| part of a transportation project pursuant to an agreement with | 24 |
| the transportation agency or the contractor responsible for the | 25 |
| transportation project. |
|
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| Section 45. Financial arrangements. | 2 |
| (a) The transportation agency may do any combination of | 3 |
| applying for, executing, or endorsing applications submitted | 4 |
| by private entities to obtain federal, State, or local credit | 5 |
| assistance for transportation projects developed, financed, or | 6 |
| operated under this Act, including loans, lines of credit, and | 7 |
| guarantees. | 8 |
| (b) The transportation agency may take any action to obtain | 9 |
| federal, State, or local assistance for a transportation | 10 |
| project that serves the public purpose of this Act and may | 11 |
| enter into any contracts required to receive the federal | 12 |
| assistance. The transportation agency may determine that it | 13 |
| serves the public purpose of this Act for all or any portion of | 14 |
| the costs of a transportation project to be paid, directly or | 15 |
| indirectly, from the proceeds of a grant or loan, line of | 16 |
| credit, or loan guarantee made by a local, State, or federal | 17 |
| government or any agency or instrumentality of a local, State, | 18 |
| or federal government. Such assistance may include, but not be | 19 |
| limited to, federal credit assistance pursuant to the | 20 |
| Transportation Infrastructure Finance and Innovation Act | 21 |
| (TIFIA). | 22 |
| (c) The transportation agency may agree to make grants or | 23 |
| loans for the development, financing, or operation of a | 24 |
| transportation project from time to time, from amounts received | 25 |
| from the federal, State, or local government or any agency or | 26 |
| instrumentality of the federal, State, or local government. |
|
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| (d) Any financing of a transportation project may be in the | 2 |
| amounts and upon the terms and conditions that are determined | 3 |
| by the parties to the public-private agreement. | 4 |
| (e) For the purpose of financing a transportation project, | 5 |
| the contractor and the transportation agency may do the | 6 |
| following: | 7 |
| (1) propose to use any and all revenues that may be | 8 |
| available to them; | 9 |
| (2) enter into grant agreements; | 10 |
| (3) access any other funds available to the | 11 |
| transportation agency; and | 12 |
| (4) accept grants from the transportation agency or | 13 |
| other public or private agency or entity. | 14 |
| (f) For the purpose of financing a transportation project, | 15 |
| public funds may be used and mixed and aggregated with funds | 16 |
| provided by or on behalf of the contractor or other private | 17 |
| entities. | 18 |
| (g) For the purpose of financing a transportation project, | 19 |
| each transportation agency is authorized to do any combination | 20 |
| of applying for, executing, or endorsing applications for an | 21 |
| allocation of tax-exempt bond financing authorization provided | 22 |
| by Section 142(m) of the United States Internal Revenue Code, | 23 |
| as well as financing available under any other federal law or | 24 |
| program. | 25 |
| (h) Any bonds, debt, or other securities or other financing | 26 |
| issued for the purposes of this Act shall not be deemed to |
|
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| constitute a debt of the State or any political subdivision of | 2 |
| the State or a pledge of the faith and credit of the State or | 3 |
| any political subdivision of the State. | 4 |
| Section 50. Acquisition of property. | 5 |
| (a) The transportation agency may exercise any power of | 6 |
| condemnation or eminent domain, including quick-take powers, | 7 |
| that it has under law, including, in the case of the | 8 |
| Department, all powers for acquisition of property rights | 9 |
| granted it in the Illinois Highway Code, for the purpose of | 10 |
| acquiring any lands or estates or interests in land for a | 11 |
| transportation project to the extent provided in the | 12 |
| public-private agreement or otherwise to the extent that the | 13 |
| transportation agency finds that the action serves the public | 14 |
| purpose of this Act and deems it appropriate in the exercise of | 15 |
| its powers under this Act. | 16 |
| (b) The transportation agency and a contractor may enter | 17 |
| into the leases, licenses, easements, and other grants of | 18 |
| property interests that the transportation agency determines | 19 |
| necessary to carry out this Act. | 20 |
| Section 55. Labor. | 21 |
| (a) In order to protect the wages, working conditions, and | 22 |
| job opportunities of employees employed by the contractor | 23 |
| participating in a public-private agreement related to a | 24 |
| transportation project, the contractor and any subcontractor |
|
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| retained to perform such work shall be required to pay to | 2 |
| employees an amount not less than the economic equivalent of | 3 |
| the standard of wages and benefits enjoyed by the | 4 |
| transportation agency's employees who would have otherwise | 5 |
| performed that work. The contractor shall certify to the | 6 |
| transportation agency the amount of wages and benefits (or | 7 |
| their equivalent) as of the time of the public-private | 8 |
| agreement, and any changes to those amounts as they may occur | 9 |
| during the term of the agreement. All projects at the | 10 |
| transportation facility property shall be considered public | 11 |
| works for purposes of the Prevailing Wage Act. | 12 |
| (b) A public-private agreement related to a transportation | 13 |
| project pertaining to the building, altering, repairing, | 14 |
| maintaining, improving, or demolishing a transportation | 15 |
| facility shall require the contractor and all subcontractors to | 16 |
| comply with the requirements of Section 30-22 of the Illinois | 17 |
| Procurement Code as they apply to responsible bidders and to | 18 |
| present satisfactory evidence of that compliance to the | 19 |
| transportation agency, unless the transportation project is | 20 |
| federally funded and the application of those requirements | 21 |
| would jeopardize the receipt or use of federal funds in support | 22 |
| of the transportation project. | 23 |
| (c) A public-private agreement related to a transportation | 24 |
| project pertaining to a new transportation facility shall | 25 |
| require the contractor to enter into a project labor agreement | 26 |
| utilized by the Department. |
|
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| Section 60. Law enforcement. | 2 |
| (a) All law enforcement officers of the State and of each | 3 |
| affected local jurisdiction have the same powers and | 4 |
| jurisdiction within the limits of the transportation facility | 5 |
| as they have in their respective areas of jurisdiction. | 6 |
| (b) Law enforcement officers shall have access to the | 7 |
| transportation facility at any time for the purpose of | 8 |
| exercising the law enforcement officers' powers and | 9 |
| jurisdiction. | 10 |
| (c) The traffic and motor vehicle laws of the State of | 11 |
| Illinois or, if applicable, any local jurisdiction shall be the | 12 |
| same as those applying to conduct on similar projects in the | 13 |
| State of Illinois or the local jurisdiction. | 14 |
| (d) Punishment for infractions and offenses shall be as | 15 |
| prescribed by law for conduct occurring on similar projects in | 16 |
| the State of Illinois or the local jurisdiction. | 17 |
| Section 65. Term of agreement; reversion of property to | 18 |
| transportation agency. | 19 |
| (a) The term of a public-private agreement, including all | 20 |
| extensions, may not exceed 99 years. | 21 |
| (b) The transportation agency shall terminate the | 22 |
| contractor's authority and duties under the public-private | 23 |
| agreement on the date set forth in the public-private | 24 |
| agreement. |
|
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| (c) Upon termination of the public-private agreement, the | 2 |
| authority and duties of the contractor under this Act cease, | 3 |
| except for those duties and obligations that extend beyond the | 4 |
| termination, as set forth in the public-private agreement, and | 5 |
| all interests in the transportation facility shall revert to | 6 |
| the transportation agency. | 7 |
| Section 70. Additional powers of transportation agencies | 8 |
| with respect to transportation projects. | 9 |
| (a) Each transportation agency may exercise any powers | 10 |
| provided under this Act in participation or cooperation with | 11 |
| any governmental entity and enter into any contracts to | 12 |
| facilitate that participation or cooperation without | 13 |
| compliance with any other statute. Each transportation agency | 14 |
| shall cooperate with each other and with other governmental | 15 |
| entities in carrying out transportation projects under this | 16 |
| Act. | 17 |
| (b) Each transportation agency may make and enter into all | 18 |
| contracts and agreements necessary or incidental to the | 19 |
| performance of the transportation agency's duties and the | 20 |
| execution of the transportation agency's powers under this Act. | 21 |
| Except as otherwise required by law, these contracts or | 22 |
| agreements are not subject to any approvals other than the | 23 |
| approval of the transportation agency and may be for any term | 24 |
| of years and contain any terms that are considered reasonable | 25 |
| by the transportation agency. |
|
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| (c) Each transportation agency may pay the costs incurred | 2 |
| under a public-private agreement entered into under this Act | 3 |
| from any funds available to the transportation agency under | 4 |
| this Act or any other statute. | 5 |
| (d) A transportation agency or other State agency may not | 6 |
| take any action that would impair a public-private agreement | 7 |
| entered into under this Act. | 8 |
| (e) Each transportation agency may enter into an agreement | 9 |
| between and among the contractor, the transportation agency, | 10 |
| and the Department of State Police concerning the provision of | 11 |
| law enforcement assistance with respect to a transportation | 12 |
| project that is the subject of a public-private agreement under | 13 |
| this Act. | 14 |
| (f) Each transportation agency is authorized to enter into | 15 |
| arrangements with the Department of State Police related to | 16 |
| costs incurred in providing law enforcement assistance under | 17 |
| this Act. | 18 |
| Section 75. Prohibited local action. A unit of local | 19 |
| government may not take any action that would have the effect | 20 |
| of impairing a public-private agreement under this Act, | 21 |
| provided that this Section 75 shall not diminish any existing | 22 |
| police power or other power provided by law to a unit of local | 23 |
| government. | 24 |
| Section 80. Powers liberally construed. The powers |
|
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| conferred by this Act shall be liberally construed in order to | 2 |
| accomplish their purposes and shall be in addition and | 3 |
| supplemental to the powers conferred by any other law. If any | 4 |
| other law or rule is inconsistent with this Act, this Act is | 5 |
| controlling as to any public-private agreement entered into | 6 |
| under this Act. | 7 |
| Section 85. Full and complete authority. This Act contains | 8 |
| full and complete authority for agreements and leases with | 9 |
| private entities to carry out the activities described in this | 10 |
| Act. Except as otherwise required by law, no procedure, | 11 |
| proceedings, publications, notices, consents, approvals, | 12 |
| orders, or acts by the transportation agency or any other State | 13 |
| or local agency or official are required to enter into an | 14 |
| agreement or lease. | 15 |
| Section 905. The Department of Transportation Law of the
| 16 |
| Civil Administrative Code of Illinois is amended by adding | 17 |
| Section 2705-220 as follows: | 18 |
| (20 ILCS 2705/2705-220 new) | 19 |
| Sec. 2705-220. Public-private partnerships for | 20 |
| transportation. The Department may exercise all powers granted | 21 |
| to it under the Public-Private Partnerships for Transportation | 22 |
| Act. |
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| Section 910. The Illinois Finance Authority Act is amended | 2 |
| by adding Section 825-105 as follows: | 3 |
| (20 ILCS 3501/825-105 new) | 4 |
| Sec. 825-105. Transportation project financing. For the | 5 |
| purpose of financing a transportation project undertaken under | 6 |
| the Public-Private Partnerships for Transportation Act, the | 7 |
| Authority is authorized to apply for an allocation of | 8 |
| tax-exempt bond financing authorization provided by Section | 9 |
| 142(m) of the United States Internal Revenue Code, as well as | 10 |
| financing available under any other federal law or program. | 11 |
| Section 915. The Illinois Procurement Code is amended by | 12 |
| changing Section 1-10 as follows:
| 13 |
| (30 ILCS 500/1-10)
| 14 |
| Sec. 1-10. Application.
| 15 |
| (a) This Code applies only to procurements for which | 16 |
| contractors were first
solicited on or after July 1, 1998. This | 17 |
| Code shall not be construed to affect
or impair any contract, | 18 |
| or any provision of a contract, entered into based on a
| 19 |
| solicitation prior to the implementation date of this Code as | 20 |
| described in
Article 99, including but not limited to any | 21 |
| covenant entered into with respect
to any revenue bonds or | 22 |
| similar instruments.
All procurements for which contracts are | 23 |
| solicited between the effective date
of Articles 50 and 99 and |
|
|
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| July 1, 1998 shall be substantially in accordance
with this | 2 |
| Code and its intent.
| 3 |
| (b) This Code shall apply regardless of the source of the | 4 |
| funds with which
the contracts are paid, including federal | 5 |
| assistance moneys.
This Code shall
not apply to:
| 6 |
| (1) Contracts between the State and its political | 7 |
| subdivisions or other
governments, or between State | 8 |
| governmental bodies except as specifically
provided in | 9 |
| this Code.
| 10 |
| (2) Grants, except for the filing requirements of | 11 |
| Section 20-80.
| 12 |
| (3) Purchase of care.
| 13 |
| (4) Hiring of an individual as employee and not as an | 14 |
| independent
contractor, whether pursuant to an employment | 15 |
| code or policy or by contract
directly with that | 16 |
| individual.
| 17 |
| (5) Collective bargaining contracts.
| 18 |
| (6) Purchase of real estate, except that notice of this | 19 |
| type of contract with a value of more than $25,000 must be | 20 |
| published in the Procurement Bulletin within 7 days after | 21 |
| the deed is recorded in the county of jurisdiction. The | 22 |
| notice shall identify the real estate purchased, the names | 23 |
| of all parties to the contract, the value of the contract, | 24 |
| and the effective date of the contract.
| 25 |
| (7) Contracts necessary to prepare for anticipated | 26 |
| litigation, enforcement
actions, or investigations, |
|
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| provided
that the chief legal counsel to the Governor shall | 2 |
| give his or her prior
approval when the procuring agency is | 3 |
| one subject to the jurisdiction of the
Governor, and | 4 |
| provided that the chief legal counsel of any other | 5 |
| procuring
entity
subject to this Code shall give his or her | 6 |
| prior approval when the procuring
entity is not one subject | 7 |
| to the jurisdiction of the Governor.
| 8 |
| (8) Contracts for
services to Northern Illinois | 9 |
| University by a person, acting as
an independent | 10 |
| contractor, who is qualified by education, experience, and
| 11 |
| technical ability and is selected by negotiation for the | 12 |
| purpose of providing
non-credit educational service | 13 |
| activities or products by means of specialized
programs | 14 |
| offered by the university.
| 15 |
| (9) Procurement expenditures by the Illinois | 16 |
| Conservation Foundation
when only private funds are used.
| 17 |
| (10) Public-private agreements entered into according | 18 |
| to the procurement requirements of Section 20 of the | 19 |
| Public-Private Partnerships for Transportation Act and | 20 |
| design-build agreements entered into according to the | 21 |
| procurement requirements of Section 25 of the | 22 |
| Public-Private Partnerships for Transportation Act. | 23 |
| (c) This Code does not apply to the electric power | 24 |
| procurement process provided for under Section 1-75 of the | 25 |
| Illinois Power Agency Act and Section 16-111.5 of the Public | 26 |
| Utilities Act. |
|
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| 1 |
| (d) Except for Section 20-160 and Article 50 of this Code, | 2 |
| and as expressly required by Section 9.1 of the Illinois | 3 |
| Lottery Law, the provisions of this Code do not apply to the | 4 |
| procurement process provided for under Section 9.1 of the | 5 |
| Illinois Lottery Law. | 6 |
| (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | 7 |
| 95-876, eff. 8-21-08; 96-840, eff. 12-23-09.)
| 8 |
| Section 920. The Public Construction Bond Act is amended by | 9 |
| adding Section 1.5 as follows: | 10 |
| (30 ILCS 550/1.5 new) | 11 |
| Sec. 1.5. Public-private agreements. This Act applies to | 12 |
| any public-private agreement entered into under the | 13 |
| Public-Private Partnerships for Transportation Act. | 14 |
| Section 925. The Employment of Illinois Workers on Public | 15 |
| Works Act is amended by adding Section 2.5 as follows: | 16 |
| (30 ILCS 570/2.5 new) | 17 |
| Sec. 2.5. Public-private agreements. This Act applies to | 18 |
| any public-private agreement entered into under the | 19 |
| Public-Private Partnerships for Transportation Act. | 20 |
| Section 930. The Business Enterprise for Minorities, | 21 |
| Females, and Persons with
Disabilities Act is amended by adding |
|
|
|
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| 1 |
| Section 2.5 as follows: | 2 |
| (30 ILCS 575/2.5 new) | 3 |
| Sec. 2.5. Public-private agreements. This Act applies to | 4 |
| any public-private agreement entered into under the | 5 |
| Public-Private Partnerships for Transportation Act. | 6 |
| Section 935. The Retailers' Occupation Tax Act is amended | 7 |
| by adding Section 1q as follows: | 8 |
| (35 ILCS 120/1q new) | 9 |
| Sec. 1q. Building materials exemption; public-private | 10 |
| partnership transportation projects. | 11 |
| (a) Each retailer that makes a qualified sale of building | 12 |
| materials to be incorporated into a "project" as defined in the | 13 |
| Public-Private Partnerships for Transportation Act, by | 14 |
| remodeling, rehabilitating, or new construction, may deduct | 15 |
| receipts from those sales when calculating the tax imposed by | 16 |
| this Act. | 17 |
| (b) As used in this Section, "qualified sale" means a sale | 18 |
| of building materials that will be incorporated into a project | 19 |
| for which a Certificate of Eligibility for Sales Tax Exemption | 20 |
| has been issued by the agency having authority over the | 21 |
| project. | 22 |
| (c) To document the exemption allowed under this Section, | 23 |
| the retailer must obtain from the purchaser a copy of the |
|
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|
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| Certificate of Eligibility for Sales Tax Exemption issued by | 2 |
| the agency having jurisdiction over the project into which the | 3 |
| building materials will be incorporated is located. The | 4 |
| Certificate of Eligibility for Sales Tax Exemption must contain | 5 |
| all of the following: | 6 |
| (1) statement that the project identified in the | 7 |
| Certificate meets all the requirements of the agency having | 8 |
| authority over the project; | 9 |
| (2) the location or address of the project; and | 10 |
| (3) the signature of the director of the agency with | 11 |
| authority over the project or the director's delegate. | 12 |
| (d) In addition to meeting the requirements of subsection | 13 |
| (c) of this Act, the retailer must obtain a certificate from | 14 |
| the purchaser that contains all of the following: | 15 |
| (1) a statement that the building materials are being | 16 |
| purchased for incorporation into a project in accordance | 17 |
| with the Public-Private Partnerships for Transportation | 18 |
| Act; | 19 |
| (2) the location or address of the project into which | 20 |
| the building materials will be incorporated; | 21 |
| (3) the name of the project; | 22 |
| (4) a description of the building materials being | 23 |
| purchased; and | 24 |
| (5) the purchaser's signature and date of purchase. | 25 |
| (e) This Section is exempt from Section 2-70 of this Act. |
|
|
|
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| 1 |
| Section 940. The Property Tax Code is amended by changing | 2 |
| Section 15-55 and by adding Section 15-195 as follows: | 3 |
| (35 ILCS 200/15-55)
| 4 |
| Sec. 15-55. State property.
| 5 |
| (a) All property belonging to the State of Illinois
is | 6 |
| exempt. However, the State agency holding title shall file the | 7 |
| certificate
of ownership and use required by Section 15-10, | 8 |
| together with a copy of any
written lease or agreement, in | 9 |
| effect on March 30 of the assessment year,
concerning parcels | 10 |
| of 1 acre or more, or an explanation of the terms of any
oral | 11 |
| agreement under which the property is leased, subleased or | 12 |
| rented.
| 13 |
| The leased property shall be assessed to the lessee and the | 14 |
| taxes thereon
extended and billed to the lessee, and collected | 15 |
| in the same manner as
for property which is not exempt. The | 16 |
| lessee shall be liable
for the taxes and no lien shall attach | 17 |
| to the property of the State.
| 18 |
| For the purposes of this Section, the word "leases" | 19 |
| includes
licenses, franchises, operating agreements and other | 20 |
| arrangements under which
private individuals, associations or | 21 |
| corporations are granted the right to use
property of the | 22 |
| Illinois State Toll Highway Authority and includes all property
| 23 |
| of the Authority used by others without regard to the size of | 24 |
| the leased
parcel.
| 25 |
| (b) However, all property of every kind belonging to the |
|
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| State of
Illinois, which
is or may hereafter be leased to the | 2 |
| Illinois Prairie Path Corporation, shall
be exempt from all | 3 |
| assessments, taxation or collection, despite the making of
any | 4 |
| such lease, if it is used for:
| 5 |
| (1) conservation, nature trail or any other | 6 |
| charitable,
scientific,
educational or recreational | 7 |
| purposes with public benefit, including the
preserving and | 8 |
| aiding in the preservation of natural areas, objects, | 9 |
| flora,
fauna or biotic communities;
| 10 |
| (2) the establishment of footpaths, trails and other | 11 |
| protected
areas;
| 12 |
| (3) the conservation of the proper use of natural
| 13 |
| resources or the promotion of the study of plant and animal | 14 |
| communities and
of other phases of ecology, natural history | 15 |
| and conservation;
| 16 |
| (4) the promotion of education in the fields of nature,
| 17 |
| preservation and
conservation; or
| 18 |
| (5) similar public recreational activities conducted | 19 |
| by the
Illinois
Prairie
Path Corporation.
| 20 |
| No lien shall attach to the property of the State. No tax | 21 |
| liability shall
become the obligation of or be enforceable | 22 |
| against Illinois Prairie Path
Corporation.
| 23 |
| (c) If the State sells the
James R.
Thompson Center
or the | 24 |
| Elgin Mental Health Center and surrounding land located at 750 | 25 |
| S.
State Street,
Elgin, Illinois, as provided in subdivision | 26 |
| (a)(2) of Section 7.4 of
the State Property Control Act,
to
|
|
|
|
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|
| 1 |
| another entity whose property is not exempt and immediately | 2 |
| thereafter enters
into a
leaseback or other agreement that | 3 |
| directly or indirectly gives the State a
right to use,
control, | 4 |
| and possess the property, that portion of the property leased | 5 |
| and
occupied exclusively by the State shall remain exempt under | 6 |
| this
Section.
For the property to remain exempt under this | 7 |
| subsection (c), the State must
retain an
option to purchase the | 8 |
| property at a future date or, within the limitations
period for
| 9 |
| reverters, the property must revert back to the State.
| 10 |
| If the property has been conveyed as described in this | 11 |
| subsection (c), the
property
is no longer exempt pursuant to | 12 |
| this Section as of the date when:
| 13 |
| (1) the right of the State to use, control, and possess | 14 |
| the property has
been
terminated; or
| 15 |
| (2) the State no longer has an option to
purchase or | 16 |
| otherwise acquire the property and
there is no provision | 17 |
| for a reverter of the property to the State
within the | 18 |
| limitations period for reverters.
| 19 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 20 |
| State shall notify the
chief
county assessment officer of any | 21 |
| transaction under this subsection (c). The
chief county
| 22 |
| assessment officer shall determine initial and continuing | 23 |
| compliance with the
requirements of this Section for tax | 24 |
| exemption. Failure to notify the chief
county
assessment | 25 |
| officer of a transaction under this subsection (c) or to | 26 |
| otherwise
comply with
the requirements of Sections 15-15 and |
|
|
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| 1 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 2 |
| assessment officer, constitute cause to terminate the | 3 |
| exemption,
notwithstanding any other provision of this Code.
| 4 |
| (c-1) If the Illinois State Toll Highway Authority sells | 5 |
| the
Illinois State Toll Highway Authority headquarters | 6 |
| building and surrounding
land,
located at 2700 Ogden Avenue, | 7 |
| Downers Grove, Illinois
as provided in subdivision (a)(2) of | 8 |
| Section 7.5 of
the State Property Control Act,
to
another | 9 |
| entity whose property is not exempt and immediately thereafter | 10 |
| enters
into a
leaseback or other agreement that directly or | 11 |
| indirectly gives the State or the
Illinois State Toll Highway | 12 |
| Authority a
right to use,
control, and possess the property, | 13 |
| that portion of the property leased and
occupied exclusively by | 14 |
| the State or the Authority shall remain exempt under
this
| 15 |
| Section.
For the property to remain exempt under this | 16 |
| subsection (c), the Authority must
retain an
option to purchase | 17 |
| the property at a future date or, within the limitations
period | 18 |
| for
reverters, the property must revert back to the Authority.
| 19 |
| If the property has been conveyed as described in this | 20 |
| subsection (c), the
property
is no longer exempt pursuant to | 21 |
| this Section as of the date when:
| 22 |
| (1) the right of the State or the Authority to use, | 23 |
| control, and possess
the
property has
been
terminated; or
| 24 |
| (2) the Authority no longer has an option to
purchase | 25 |
| or otherwise acquire the property and
there is no provision | 26 |
| for a reverter of the property to the Authority
within the |
|
|
|
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LRB096 14658 AJT 40617 a |
|
| 1 |
| limitations period for reverters.
| 2 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 3 |
| Authority
shall notify the
chief
county assessment officer of | 4 |
| any transaction under this subsection (c). The
chief county
| 5 |
| assessment officer shall determine initial and continuing | 6 |
| compliance with the
requirements of this Section for tax | 7 |
| exemption. Failure to notify the chief
county
assessment | 8 |
| officer of a transaction under this subsection (c) or to | 9 |
| otherwise
comply with
the requirements of Sections 15-15 and | 10 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 11 |
| assessment officer, constitute cause to terminate the | 12 |
| exemption,
notwithstanding any other provision of this Code.
| 13 |
| (d) The fair market rent of each parcel of real property in | 14 |
| Will
County owned by the State of Illinois for the purpose of | 15 |
| developing an airport
by the Department of Transportation shall | 16 |
| include the assessed value of
leasehold tax. The lessee of each | 17 |
| parcel of real property in Will
County owned by
the
State of | 18 |
| Illinois for the purpose of developing an airport by the | 19 |
| Department of
Transportation shall not be liable for the taxes | 20 |
| thereon. In order for the
State to
compensate taxing districts | 21 |
| for
the leasehold tax under this paragraph
the Will County | 22 |
| Supervisor of Assessments shall
certify, in
writing, to the
| 23 |
| Department of Transportation, the amount of leasehold taxes
| 24 |
| extended for the 2002 property tax
year for
each such exempt | 25 |
| parcel.
The Department of Transportation shall pay to the Will
| 26 |
| County
Treasurer, from the Tax Recovery Fund, on or before July |
|
|
|
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|
| 1 |
| 1 of each
year, the amount of leasehold taxes for each such | 2 |
| exempt parcel as certified
by the Will County Supervisor of | 3 |
| Assessments. The tax compensation shall
terminate
on
December | 4 |
| 31, 2020. It is the duty of the Department of Transportation to | 5 |
| file
with the
Office of the Will County Supervisor of | 6 |
| Assessments an affidavit stating the
termination
date for | 7 |
| rental of each such parcel due to airport construction. The | 8 |
| affidavit
shall include
the property identification number for | 9 |
| each such parcel. In no instance shall
tax
compensation for | 10 |
| property owned by the State be deemed delinquent or bear
| 11 |
| interest. In
no instance shall a lien attach to the property of | 12 |
| the State. In no instance
shall the State
be required to pay | 13 |
| leasehold tax compensation in excess of the Tax
Recovery Fund's | 14 |
| balance.
| 15 |
| (e) Public Act 81-1026 applies to all leases or agreements | 16 |
| entered into
or
renewed on or after September 24, 1979.
| 17 |
| (f) Notwithstanding anything to the contrary in this | 18 |
| Section, all property owned by the State or the Illinois State | 19 |
| Toll Highway Authority that is defined as a transportation | 20 |
| project under the Public-Private Partnerships for | 21 |
| Transportation Act and that is used for transportation purposes | 22 |
| and that is leased for those purposes to another entity whose | 23 |
| property is not exempt shall remain exempt, and any leasehold | 24 |
| interest in the property shall not be subject to taxation under | 25 |
| Section 9-195 of this Act. | 26 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-192, eff. 8-10-09.)
|
|
|
|
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|
| 1 |
| (35 ILCS 200/15-195 new) | 2 |
| Sec. 15-195. Exemption for qualified airport leased | 3 |
| property. Notwithstanding anything in this Code to the | 4 |
| contrary, all property owned by an airport authority created | 5 |
| and established under the Airport Authorities Act shall remain | 6 |
| exempt from taxation and any leasehold interest in that | 7 |
| property is not subject to taxation under Section 9-195 if that | 8 |
| property is used for transportation purposes as part of a | 9 |
| transportation project undertaken pursuant to the | 10 |
| Public-Private Partnerships for Transportation Act and is | 11 |
| leased to another entity whose property is not exempt. | 12 |
| Section 945. The Toll Highway Act is amended by adding | 13 |
| Section 11.1 as follows: | 14 |
| (605 ILCS 10/11.1 new) | 15 |
| Sec. 11.1. Public-private partnerships. The Authority may | 16 |
| exercise all powers granted to it under the Public-Private | 17 |
| Partnerships for Transportation Act. | 18 |
| Section 950. The Prevailing Wage Act is amended by changing | 19 |
| Section 2 as follows:
| 20 |
| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 21 |
| Sec. 2. This Act applies to the wages of laborers, |
|
|
|
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LRB096 14658 AJT 40617 a |
|
| 1 |
| mechanics and
other workers employed in any public works, as | 2 |
| hereinafter defined, by
any public body and to anyone under | 3 |
| contracts for public works. This includes any maintenance, | 4 |
| repair, assembly, or disassembly work performed on equipment | 5 |
| whether owned, leased, or rented.
| 6 |
| As used in this Act, unless the context indicates | 7 |
| otherwise:
| 8 |
| "Public works" means all fixed works constructed or | 9 |
| demolished by
any public body,
or paid for wholly or in part | 10 |
| out of public funds. "Public works" as
defined herein includes | 11 |
| all projects financed in whole
or in part with bonds, grants, | 12 |
| loans, or other funds made available by or through the State or | 13 |
| any of its political subdivisions, including but not limited | 14 |
| to: bonds issued under the Industrial Project Revenue Bond
Act | 15 |
| (Article 11, Division 74 of the Illinois Municipal Code), the | 16 |
| Industrial
Building Revenue Bond Act, the Illinois Finance | 17 |
| Authority Act,
the Illinois Sports Facilities Authority Act, or | 18 |
| the Build Illinois Bond Act; loans or other funds made
| 19 |
| available pursuant to the Build Illinois Act; or funds from the | 20 |
| Fund for
Illinois' Future under Section 6z-47 of the State | 21 |
| Finance Act, funds for school
construction under Section 5 of | 22 |
| the General Obligation Bond Act, funds
authorized under Section | 23 |
| 3 of the School Construction Bond Act, funds for
school | 24 |
| infrastructure under Section 6z-45 of the State Finance Act, | 25 |
| and funds
for transportation purposes under Section 4 of the | 26 |
| General Obligation Bond
Act. "Public works" also includes (i) |
|
|
|
09600HB4623sam003 |
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LRB096 14658 AJT 40617 a |
|
| 1 |
| all projects financed in whole or in part
with funds from the | 2 |
| Department of Commerce and Economic Opportunity under the | 3 |
| Illinois Renewable Fuels Development Program
Act for which | 4 |
| there is no project labor agreement and (ii) all projects | 5 |
| undertaken under a public-private agreement under the | 6 |
| Public-Private Partnerships for Transportation Act . "Public | 7 |
| works" also includes all projects at leased facility property | 8 |
| used for airport purposes under Section 35 of the Local | 9 |
| Government Facility Lease Act. "Public works" also includes the | 10 |
| construction of a new wind power facility by a business | 11 |
| designated as a High Impact Business under Section 5.5(a)(3)(E) | 12 |
| of the Illinois Enterprise Zone Act.
"Public works" does not | 13 |
| include work done directly by any public utility company, | 14 |
| whether or not done under public supervision or direction, or | 15 |
| paid for wholly or in part out of public funds. "Public works" | 16 |
| does not include projects undertaken by the owner at an | 17 |
| owner-occupied single-family residence or at an owner-occupied | 18 |
| unit of a multi-family residence.
| 19 |
| "Construction" means all work on public works involving | 20 |
| laborers,
workers or mechanics. This includes any maintenance, | 21 |
| repair, assembly, or disassembly work performed on equipment | 22 |
| whether owned, leased, or rented.
| 23 |
| "Locality" means the county where the physical work upon | 24 |
| public works
is performed, except (1) that if there is not | 25 |
| available in the county a
sufficient number of competent | 26 |
| skilled laborers, workers and mechanics
to construct the public |
|
|
|
09600HB4623sam003 |
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LRB096 14658 AJT 40617 a |
|
| 1 |
| works efficiently and properly, "locality"
includes any other | 2 |
| county nearest the one in which the work or
construction is to | 3 |
| be performed and from which such persons may be
obtained in | 4 |
| sufficient numbers to perform the work and (2) that, with
| 5 |
| respect to contracts for highway work with the Department of
| 6 |
| Transportation of this State, "locality" may at the discretion | 7 |
| of the
Secretary of the Department of Transportation be | 8 |
| construed to include
two or more adjacent counties from which | 9 |
| workers may be accessible for
work on such construction.
| 10 |
| "Public body" means the State or any officer, board or | 11 |
| commission of
the State or any political subdivision or | 12 |
| department thereof, or any
institution supported in whole or in | 13 |
| part by public funds,
and includes every county, city, town,
| 14 |
| village, township, school district, irrigation, utility, | 15 |
| reclamation
improvement or other district and every other | 16 |
| political subdivision,
district or municipality of the state | 17 |
| whether such political
subdivision, municipality or district | 18 |
| operates under a special charter
or not.
| 19 |
| The terms "general prevailing rate of hourly wages", | 20 |
| "general
prevailing rate of wages" or "prevailing rate of | 21 |
| wages" when used in
this Act mean the hourly cash wages plus | 22 |
| fringe benefits for training and
apprenticeship programs | 23 |
| approved by the U.S. Department of Labor, Bureau of
| 24 |
| Apprenticeship and Training, health and welfare, insurance, | 25 |
| vacations and
pensions paid generally, in the
locality in which | 26 |
| the work is being performed, to employees engaged in
work of a |
|
|
|
09600HB4623sam003 |
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LRB096 14658 AJT 40617 a |
|
| 1 |
| similar character on public works.
| 2 |
| (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 3 |
| eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
| 4 |
| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|