Full Text of SB0313 99th General Assembly
SB0313sam001 99TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 313
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 313 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Alternative Finance and Procurement Agreement Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Alternative finance and procurement agreement" means a | 8 | | contract for a project which transfers the business rights for | 9 | | the use or control, in whole or in part, of a public building, | 10 | | public service, public asset, or transportation asset, by a | 11 | | public agency to a development entity for a definite term | 12 | | during which the development entity shall provide the project | 13 | | to the public agency in return for the right to receive all or | 14 | | a portion of the revenue generated from the use of the | 15 | | facility, or other payment, such as the following services: | 16 | | operations and maintenance; revenue collection; user fee |
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| 1 | | collection or enforcement; design; construction; development; | 2 | | and other activities that expand or enhance existing or new | 3 | | public buildings, public assets, public services, or | 4 | | transportation assets. | 5 | | "Board" means the Alternative Finance and Procurement | 6 | | Board. | 7 | | "Consultant" means any person or entity who, within the | 8 | | preceding 4 years, has been or is employed by a private entity | 9 | | or public agency to make recommendations in developing a | 10 | | project or assist with finding appropriate advisers. | 11 | | "Consultant" does not include professionals or professionals | 12 | | offering services, who are not directly or indirectly related | 13 | | to the development of a project. | 14 | | "Development entity" means an entity which is a party to an | 15 | | alternative finance and procurement agreement and which is a | 16 | | private entity or public agency, other than the public agency | 17 | | providing or improving its own facilities. | 18 | | "Gift" means a gift as defined in Section 1-5 of the State | 19 | | Officials and Employees Ethics Act. | 20 | | "Life of the project" means the amount of time required for | 21 | | construction of a project, financing of a project, operational | 22 | | period of a project, maintenance term of a project, or other | 23 | | method of determining that a project has been completed. | 24 | | "Offeror" means a person or private entity that submits a | 25 | | proposal or a response in answer to a request for proposals or | 26 | | transportation projects. |
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| 1 | | "Party in interest" means a person who with respect to a | 2 | | proposed project under this Act is: | 3 | | (1) a current or former counsel or employee of the | 4 | | offeror; | 5 | | (2) currently or in the past has provided services to | 6 | | the offeror; or | 7 | | (3) a relative of a person described in subparagraph | 8 | | (1) or (2) of this paragraph. | 9 | | "P3 project" means a contractual agreement between a public | 10 | | entity and private entity that: | 11 | | (1) transfers the responsibility of a facility's | 12 | | engineering, construction, operation, or maintenance to | 13 | | the private sector for a defined period of time; | 14 | | (2) allows the private sector to perform by contract a | 15 | | service previously provided by the public sector; and | 16 | | (3) ensures the private entity receives payments | 17 | | either from existing revenue sources or through the | 18 | | collection of new tolls or user fees. | 19 | | "Private entity" means a person, entity, group, or | 20 | | organization that is not the federal government, the State, or | 21 | | other public agency. | 22 | | "Prohibited source" means a person or entity who: | 23 | | (1) is seeking official action: | 24 | | (A) by the Board; or | 25 | | (B) by a Board member; | 26 | | (2) does business or seeks to do business: |
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| 1 | | (A) with the Board; or | 2 | | (B) with a Board member; | 3 | | (3) has interests that may be substantially affected by | 4 | | the performance or non-performance of the official duties | 5 | | of a Board member; or | 6 | | (4) is registered or required to be registered with the | 7 | | Secretary of State under the Lobbyist Registration Act, | 8 | | except that an entity not otherwise a prohibited source | 9 | | does not become a prohibited source merely because a | 10 | | registered lobbyist is one of its members or serves on its | 11 | | board of directors. | 12 | | "Project" means an undertaking by a development entity | 13 | | under an alternative finance and procurement agreement that is | 14 | | entered into under this Act to provide or improve a public | 15 | | asset, public building, public service, or transportation | 16 | | asset which is totally or partially located within the State. | 17 | | "Public agency" means any municipality or unit of local | 18 | | government, any public school district, any public college or | 19 | | university, any public building commission, the State, an | 20 | | instrumentality and an administrative agency or any other | 21 | | agency of the State or of the United States, or of any other | 22 | | state, any political subdivision of another state, and any | 23 | | combination of the above under an intergovernmental agreement | 24 | | which includes provisions for a governing body of the agency | 25 | | created by the agreement. | 26 | | "Public asset" means any proposed or existing park, clean |
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| 1 | | water system, waste water system, energy asset, | 2 | | telecommunications asset, or any other asset owned by a public | 3 | | agency. | 4 | | "Public building" means any proposed or existing school, | 5 | | community center, fire station, police station, community | 6 | | college, university, hospital, library, or other building | 7 | | owned by a public agency. | 8 | | "Public service" means any proposed or existing service | 9 | | performed or provided by a public agency or private entity. | 10 | | "Transportation asset" means a proposed or existing road, | 11 | | toll highway, bridge, tunnel, overpass, ferry, bus way, | 12 | | guideway, public transportation facility, vehicle parking | 13 | | facility, port facility, commercial and public navigation lock | 14 | | and dam, commercial waterway, multimodal transportation | 15 | | facility, airport, station, hub, terminal or similar facility | 16 | | used or to be used for the transportation of persons, animals | 17 | | or goods, together with any buildings, structures, parking | 18 | | areas, appurtenances, intelligent transportation systems, and | 19 | | other property needed to operate or related to the operation of | 20 | | the transportation facility. "Transportation asset" includes | 21 | | any improvements or substantial enhancements or modifications | 22 | | to an existing transportation facility. | 23 | | "Unit of local government" has the meaning ascribed to that | 24 | | term in Article VII, Section 1 of the Constitution of the State | 25 | | of Illinois and also means any unit designated as a municipal | 26 | | corporation. |
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| 1 | | Section 10. Alternative Finance and Procurement Board. | 2 | | (a) An Alternative Finance and Procurement Board is hereby | 3 | | created, which shall be composed of 9 members appointed by the | 4 | | Governor. The members of the Board shall be residents of this | 5 | | State and have expertise or substantial experience in one or | 6 | | more of the following areas: | 7 | | (1) public buildings; | 8 | | (2) agriculture; | 9 | | (3) public utilities; | 10 | | (4) finance; | 11 | | (5) transportation; | 12 | | (6) law; or | 13 | | (7) land use and public planning. | 14 | | (b) Board members shall not hold any other position as an | 15 | | elected official or employee of the State or other public | 16 | | agency. No member of the Board during his or her term of office | 17 | | shall directly or indirectly own or have any financial interest | 18 | | in, be associated with or receive any fee, commission, | 19 | | compensation or anything of value from any state agency or | 20 | | private entity seeking to engage in an alternative finance and | 21 | | procurement agreement that will be under the consideration of | 22 | | the Board. | 23 | | (c) Of the initial appointments, 3 members shall be | 24 | | appointed for one-year terms, 3 members shall be appointed for | 25 | | 2-year terms, and 3 members shall be appointed for 4-year |
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| 1 | | terms. Members shall serve until their successor is appointed | 2 | | and may not serve more than one 4-year term. After the initial | 3 | | terms have expired, all members shall be appointed for 4-year | 4 | | terms. A member may resign or be removed by the Governor. If a | 5 | | vacancy occurs, the Governor shall make an appointment to fill | 6 | | the vacancy for the remainder of the unexpired term. | 7 | | (d) The Board members shall designate a Chairperson from | 8 | | among the appointed members of the Board. | 9 | | (e) The Chairperson, after consultation with the members | 10 | | and any appropriate State agencies, shall designate | 11 | | representatives of any State agencies deemed necessary to serve | 12 | | on the Board as ex officio members to provide technical | 13 | | background support to the Board. | 14 | | (f) A majority of the appointed members of the Board shall | 15 | | constitute a quorum.
The adoption of any action of the Board | 16 | | shall require a majority vote of the appointed members of the | 17 | | Board. | 18 | | (g) The Board shall meet as necessary to conduct business, | 19 | | but shall meet at least once every 2 months. | 20 | | (h) Board members shall serve without compensation, but may | 21 | | be reimbursed for reasonable expenses. | 22 | | Section 15. Alternative finance and procurement | 23 | | agreements. | 24 | | (a) Any public agency may enter into an alternative finance | 25 | | and procurement agreement with any private entity for improving |
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| 1 | | transportation assets, public buildings, public services, or | 2 | | other public assets. | 3 | | (b) The Board shall review and provide input on project | 4 | | financing, procurement, and project delivery in the State. The | 5 | | Board may review and approve alternative and procurement | 6 | | projects that improve or construct public assets, public | 7 | | buildings, public services, and transportation assets, except | 8 | | those entered into under the Public-Private Partnerships for | 9 | | Transportation Act. However, public agencies are not required | 10 | | to use the Board, but may bring projects before the Board to | 11 | | determine the types of financing, procurement, and project | 12 | | delivery that are possible for a project, which includes, but | 13 | | is not limited to, traditional and alternative modes of | 14 | | financing including those that result in an infrastructure | 15 | | agreement. No person who is a party in interest or a consultant | 16 | | may participate in the evaluation of proposals on behalf of the | 17 | | Board. | 18 | | (c) The Board shall submit an annual report to the Governor | 19 | | and the General Assembly detailing all projects evaluated, | 20 | | adopted, and completed, and the evidence used in making the | 21 | | Board's decisions. | 22 | | Section 20. Alternative finance and procurement agreement | 23 | | procedure. | 24 | | (a) Within 120 days after the effective date of this Act, | 25 | | the Board shall adopt: |
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| 1 | | (1) a governing structure for the conduct of Board | 2 | | business, including how and when the Board shall meet, make | 3 | | decisions, inform the public of its decisions, and function | 4 | | as an independent entity; | 5 | | (2) the procedure by which a public agency can submit a | 6 | | request for a project; | 7 | | (3) the procedure by which an offeror may submit a | 8 | | solicited or an unsolicited plan for a project to the | 9 | | Board, including adequate time for the preparation, | 10 | | submission, and evaluation of competitive proposals on a | 11 | | case-by-case basis; | 12 | | (4) clear standards of project approval for different | 13 | | project types, such as standards for schools, roads, or | 14 | | waterways; | 15 | | (5) the procedure of which the Board collects and | 16 | | compiles a list of all projects that improve or construct | 17 | | public assets, public buildings, public services, and | 18 | | transportation assets within this State; | 19 | | (6) guidelines to aggregate several projects to form | 20 | | one alternative finance and procurement agreement; | 21 | | (7) guidelines for a public agency to make payments to | 22 | | unsuccessful bidders for work product contained in their | 23 | | proposals if that part is chosen as a component of a | 24 | | project; | 25 | | (8) guidelines for allowing more than one public agency | 26 | | to enter into a single alternative finance and procurement |
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| 1 | | agreement; and | 2 | | (9) clear standards identifying traditional, | 3 | | nontraditional, or innovative project delivery methods or | 4 | | agreements that public agencies can utilize to address | 5 | | their needs and serve the public interest. | 6 | | (b) Projects submitted to the Board must have an | 7 | | identified, stable, and predictable funding source for the life | 8 | | of the project.
Projects shall be assessed on a case by case | 9 | | basis with performance outcomes project to project.
Projects | 10 | | and agreements shall be structured to achieve the best method | 11 | | to implement the established and approved goals of the Board; | 12 | | however, there may not be restrictions concerning the | 13 | | geographic location of P3 projects or restrictions regarding | 14 | | the asset type eligible to be developed as a P3 project. | 15 | | (c) The Board shall evaluate and rule upon a project within | 16 | | 3 months of submission of the project to the Board. | 17 | | (d) The Board may charge application fees for unsolicited | 18 | | proposals to offset proposal review costs. | 19 | | (e) Within a 120 days after the effective date of this Act, | 20 | | the Board shall establish and implement a publicly accessible | 21 | | Internet website.
| 22 | | Section 25. Ethics. | 23 | | (a) No member of the Board shall intentionally solicit or | 24 | | accept any gift from any prohibited source as prescribed in | 25 | | Article 10 of the State Officials and Employees Ethics Act. The |
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| 1 | | exceptions contained in Section 10-15 of that Act, other than | 2 | | paragraphs (4) and (5) of Section 10-15 of that Act shall apply | 3 | | to members of the Board. However, solicitation or acceptance of | 4 | | educational materials is not prohibited. For the purposes of | 5 | | this Section, references to "State employee" and "employee" in | 6 | | Article 10 of the State Officials and Employees Ethics Act | 7 | | shall include a trustee or employee of a retirement system, | 8 | | pension fund, or investment board created under State law. | 9 | | (1) A municipality may adopt or maintain policies or | 10 | | ordinances that are more restrictive than those under this | 11 | | subsection (a) and may continue to follow any existing | 12 | | policies or ordinances that are more restrictive or are in | 13 | | addition to those under this subsection (a). | 14 | | (2) To the extent that the provisions of this | 15 | | subsection (a) conflict with the provisions of the State | 16 | | Officials and Employees Ethics Act, the provisions of this | 17 | | subsection (a) control. | 18 | | (3) Violation of this subsection (a) is a Class A | 19 | | misdemeanor. | 20 | | (b) No member of the Board nor any spouse of a member shall | 21 | | knowingly have any direct interest in the income, gains, or | 22 | | profits of any projects brought before the Board, nor receive | 23 | | any pay or emolument for services in connection with any | 24 | | project. No member of the Board shall become an endorser of any | 25 | | project under this Act. Violation of this subsection is a Class | 26 | | 3 felony.".
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