Illinois 2023-2024 Regular Session

Illinois House Bill HB2531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0317
2	1		HB2531 EnrolledLRB103 25705 MXP 52054 b HB2531 Enrolled LRB103 25705 MXP 52054 b
3	2		HB2531 Enrolled LRB103 25705 MXP 52054 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Public-Private Agreements for the South
8		-	Suburban Airport Act is amended by changing Sections 2-5,
9		-	2-10, and 2-25 as follows:
10		-	(620 ILCS 75/2-5)
11		-	Sec. 2-5. Legislative findings.
12		-	(a) Providing facilities for air travel and domestic and
13		-	global freight cargo transfer shipment to and from the State
14		-	of Illinois through the South Suburban Airport is essential
15		-	for the health and welfare of the people of the State of
16		-	Illinois and economic development and well-being of the
17		-	Southland region and the State of Illinois.
18		-	(b) Airport development has significant regional impacts
19		-	with regard to economic development, public infrastructure
20		-	requirements, traffic, noise, and other concerns.
21		-	(c) The South Suburban Airport will promote development
22		-	and investment in the State of Illinois and serve as a critical
23		-	transportation hub in the region.
24		-	(d) Existing requirements of procurement and financing of
25		-	airports by the Department impose limitations on the methods
26		-	by which airports may be developed and operated within the
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Public-Private Agreements for the South
	7	+	5 Suburban Airport Act is amended by changing Sections 2-5,
	8	+	6 2-10, and 2-25 as follows:
	9	+	7 (620 ILCS 75/2-5)
	10	+	8 Sec. 2-5. Legislative findings.
	11	+	9 (a) Providing facilities for air travel and domestic and
	12	+	10 global freight cargo transfer shipment to and from the State
	13	+	11 of Illinois through the South Suburban Airport is essential
	14	+	12 for the health and welfare of the people of the State of
	15	+	13 Illinois and economic development and well-being of the
	16	+	14 Southland region and the State of Illinois.
	17	+	15 (b) Airport development has significant regional impacts
	18	+	16 with regard to economic development, public infrastructure
	19	+	17 requirements, traffic, noise, and other concerns.
	20	+	18 (c) The South Suburban Airport will promote development
	21	+	19 and investment in the State of Illinois and serve as a critical
	22	+	20 transportation hub in the region.
	23	+	21 (d) Existing requirements of procurement and financing of
	24	+	22 airports by the Department impose limitations on the methods
	25	+	23 by which airports may be developed and operated within the
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28	27
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33		-	State.
34		-	(e) Public-private agreements between the State of
35		-	Illinois and one or more private entities to develop, finance,
36		-	construct, manage, operate, maintain, or any combination
37		-	thereof, the South Suburban Airport have the potential of
38		-	maximizing value and benefit to the People of the State of
39		-	Illinois and the public at large.
40		-	(f) Public-private agreements may enable the South
41		-	Suburban Airport to be developed, financed, constructed,
42		-	managed, operated, and maintained in an entrepreneurial and
43		-	business-like manner.
44		-	(g) In the event that the State of Illinois enters into one
45		-	or more public-private agreements to develop, finance,
46		-	construct, manage, operate, or maintain the South Suburban
47		-	Airport, the private parties to the agreements should be
48		-	accountable to the People of Illinois through a comprehensive
49		-	system of oversight, regulation, auditing, and reporting.
50		-	(h) It is the intent of this Act to use Illinois design
51		-	professionals, construction companies, and workers to the
52		-	greatest extent permitted by law by offering them the right to
53		-	compete for this work.
54		-	(i) It is the intent of this Act for the Department to
55		-	collaborate with affected municipalities, counties, citizens,
56		-	elected officials, interest groups, and other stakeholders to
57		-	foster economic development around the South Suburban Airport
58		-	and the region, and to insure that the communities near the
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	34	+	1 State.
	35	+	2 (e) Public-private agreements between the State of
	36	+	3 Illinois and one or more private entities to develop, finance,
	37	+	4 construct, manage, operate, maintain, or any combination
	38	+	5 thereof, the South Suburban Airport have the potential of
	39	+	6 maximizing value and benefit to the People of the State of
	40	+	7 Illinois and the public at large.
	41	+	8 (f) Public-private agreements may enable the South
	42	+	9 Suburban Airport to be developed, financed, constructed,
	43	+	10 managed, operated, and maintained in an entrepreneurial and
	44	+	11 business-like manner.
	45	+	12 (g) In the event that the State of Illinois enters into one
	46	+	13 or more public-private agreements to develop, finance,
	47	+	14 construct, manage, operate, or maintain the South Suburban
	48	+	15 Airport, the private parties to the agreements should be
	49	+	16 accountable to the People of Illinois through a comprehensive
	50	+	17 system of oversight, regulation, auditing, and reporting.
	51	+	18 (h) It is the intent of this Act to use Illinois design
	52	+	19 professionals, construction companies, and workers to the
	53	+	20 greatest extent permitted by law by offering them the right to
	54	+	21 compete for this work.
	55	+	22 (i) It is the intent of this Act for the Department to
	56	+	23 collaborate with affected municipalities, counties, citizens,
	57	+	24 elected officials, interest groups, and other stakeholders to
	58	+	25 foster economic development around the South Suburban Airport
	59	+	26 and the region, and to insure that the communities near the
59	60
60	61
61		-	South Suburban Airport have an ongoing opportunity to provide
62		-	input on the development and operation of the South Suburban
63		-	Airport.
64		-	(Source: P.A. 98-109, eff. 7-25-13.)
65		-	(620 ILCS 75/2-10)
66		-	Sec. 2-10. Definitions. As used in this Act:
67		-	"Agreement" means a public-private agreement.
68		-	"Airport" means a facility for all types of air service,
69		-	including, without limitation, landing fields, taxiways,
70		-	aprons, runways, runway clear areas, heliports, hangars,
71		-	aircraft service facilities, approaches, navigational aids,
72		-	air traffic control facilities, terminals, inspection
73		-	facilities, security facilities, parking, internal transit
74		-	facilities, fueling facilities, cargo handling facilities,
75		-	concessions, rapid transit and roadway access, land and
76		-	interests in land, public waters, submerged land under public
77		-	waters and reclaimed land located on previously submerged land
78		-	under public waters, and all other property and appurtenances
79		-	necessary or useful for development, ownership, and operation
80		-	of any such facilities. "Airport" includes commercial or
81		-	industrial facilities related to the functioning of the
82		-	airport or to providing services to users of the airport.
83		-	"Cargo-oriented development" means the development of
84		-	places that are both multimodal nodes of freight
85		-	transportation and centers of employment in logistics and
86	62
87	63
88		-	manufacturing businesses.
89		-	"Contractor" means a person that has been selected to
90		-	enter or has entered into a public-private agreement with the
91		-	Department on behalf of the State for the development,
92		-	financing, construction, management, or operation of the South
93		-	Suburban Airport under this Act.
94		-	"Department" means the Illinois Department of
95		-	Transportation.
96		-	"Inaugural airport" means all airport facilities,
97		-	equipment, property, and appurtenances necessary or useful to
98		-	the development and operation of the South Suburban Airport
99		-	that are constructed, developed, installed, or acquired as of
100		-	the commencement of public operations of the South Suburban
101		-	Airport.
102		-	"Inaugural airport boundary" means the property limits of
103		-	the inaugural airport as determined by the Department, as may
104		-	be adjusted and reconfigured from time to time.
105		-	"Maintain" or "maintenance" includes ordinary maintenance,
106		-	repair, rehabilitation, capital maintenance, maintenance
107		-	replacement, and any other categories of maintenance that may
108		-	be designated by the Department.
109		-	"Metropolitan planning organization" means a metropolitan
110		-	planning organization designated under 23 U.S.C. Section 134.
111		-	"Offeror" means a person that responds to a request for
112		-	proposals under this Act.
113		-	"Operate" or "operation" means to do one or more of the
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114	66
115	67
116		-	following: maintain, improve, equip, modify, or otherwise
117		-	operate.
118		-	"Person" means any individual, firm, association, joint
119		-	venture, partnership, estate, trust, syndicate, fiduciary,
120		-	corporation, or any other legal entity, group, or combination
121		-	thereof.
122		-	"Public-private agreement" means an agreement or contract
123		-	between the Department on behalf of the State and all
124		-	schedules, exhibits, and attachments thereto, entered into
125		-	pursuant to a competitive request for proposals process
126		-	governed by this Act, for the development, financing,
127		-	construction, management, or operation of the South Suburban
128		-	Airport under this Act.
129		-	"Revenues" means all revenues, including any combination
130		-	of, but not limited to: income; user fees; earnings; interest;
131		-	lease payments; allocations; moneys from the federal
132		-	government, the State, and units of local government,
133		-	including but not limited to federal, State, and local
134		-	appropriations, grants, loans, lines of credit, and credit
135		-	guarantees; bond proceeds; equity investments; service
136		-	payments; or other receipts arising out of or in connection
137		-	with the financing, development, construction, management, or
138		-	operation of the South Suburban Airport.
139		-	"State" means the State of Illinois.
140		-	"Secretary" means the Secretary of the Illinois Department
141		-	of Transportation.
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	70	+	1 South Suburban Airport have an ongoing opportunity to provide
	71	+	2 input on the development and operation of the South Suburban
	72	+	3 Airport.
	73	+	4 (Source: P.A. 98-109, eff. 7-25-13.)
	74	+	5 (620 ILCS 75/2-10)
	75	+	6 Sec. 2-10. Definitions. As used in this Act:
	76	+	7 "Agreement" means a public-private agreement.
	77	+	8 "Airport" means a facility for all types of air service,
	78	+	9 including, without limitation, landing fields, taxiways,
	79	+	10 aprons, runways, runway clear areas, heliports, hangars,
	80	+	11 aircraft service facilities, approaches, navigational aids,
	81	+	12 air traffic control facilities, terminals, inspection
	82	+	13 facilities, security facilities, parking, internal transit
	83	+	14 facilities, fueling facilities, cargo handling facilities,
	84	+	15 concessions, rapid transit and roadway access, land and
	85	+	16 interests in land, public waters, submerged land under public
	86	+	17 waters and reclaimed land located on previously submerged land
	87	+	18 under public waters, and all other property and appurtenances
	88	+	19 necessary or useful for development, ownership, and operation
	89	+	20 of any such facilities. "Airport" includes commercial or
	90	+	21 industrial facilities related to the functioning of the
	91	+	22 airport or to providing services to users of the airport.
	92	+	23 "Cargo-oriented development" means the development of
	93	+	24 places that are both multimodal nodes of freight
	94	+	25 transportation and centers of employment in logistics and
142	95
143	96
144		-	"South Suburban Airport" means the airport to be developed
145		-	on a site located in Will County and approved by the Federal
146		-	Aviation Administration in the Record of Decision for Tier 1:
147		-	FAA Site Approval And Land Acquisition By The State Of
148		-	Illinois, Proposed South Suburban Airport, Will County,
149		-	Illinois, dated July 2002, and all property within the
150		-	inaugural airport boundary and the ultimate airport boundary.
151		-	"Ultimate airport boundary" means the development and
152		-	property limits of the South Suburban Airport beyond the
153		-	inaugural airport boundary as determined by the Department, as
154		-	may be adjusted and reconfigured from time to time.
155		-	"Unit of local government" has the meaning ascribed to
156		-	that term in Article VII, Section 1 of the Constitution of the
157		-	State of Illinois, and, for purposes of this Act, includes
158		-	school districts.
159		-	"User fees" means the rates, fees, or other charges
160		-	imposed by the State or the contractor for use of all or a
161		-	portion of the South Suburban Airport under a public-private
162		-	agreement.
163		-	(Source: P.A. 98-109, eff. 7-25-13.)
164		-	(620 ILCS 75/2-25)
165		-	Sec. 2-25. Prequalification to enter into public-private
166		-	agreements. The Department shall may establish a process for
167		-	prequalification of offerors. The If the Department creates a
168		-	prequalification process, it shall: (i) provide a public
169	97
170	98
171		-	notice of the prequalification at least 30 days before the
172		-	date on which applications are due; (ii) set forth
173		-	requirements and evaluation criteria in order to become
174		-	prequalified; (iii) determine which offerors that have
175		-	submitted prequalification applications, if any, meet the
176		-	requirements and evaluation criteria; and (iv) allow only
177		-	those offerors that have been prequalified to respond to the
178		-	request for proposals.
179		-	The Department shall commence the prequalification process
180		-	within 6 months after the effective date of this amendatory
181		-	Act of the 103rd General Assembly.
182		-	(Source: P.A. 98-109, eff. 7-25-13.)
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	105	+	1 manufacturing businesses.
	106	+	2 "Contractor" means a person that has been selected to
	107	+	3 enter or has entered into a public-private agreement with the
	108	+	4 Department on behalf of the State for the development,
	109	+	5 financing, construction, management, or operation of the South
	110	+	6 Suburban Airport under this Act.
	111	+	7 "Department" means the Illinois Department of
	112	+	8 Transportation.
	113	+	9 "Inaugural airport" means all airport facilities,
	114	+	10 equipment, property, and appurtenances necessary or useful to
	115	+	11 the development and operation of the South Suburban Airport
	116	+	12 that are constructed, developed, installed, or acquired as of
	117	+	13 the commencement of public operations of the South Suburban
	118	+	14 Airport.
	119	+	15 "Inaugural airport boundary" means the property limits of
	120	+	16 the inaugural airport as determined by the Department, as may
	121	+	17 be adjusted and reconfigured from time to time.
	122	+	18 "Maintain" or "maintenance" includes ordinary maintenance,
	123	+	19 repair, rehabilitation, capital maintenance, maintenance
	124	+	20 replacement, and any other categories of maintenance that may
	125	+	21 be designated by the Department.
	126	+	22 "Metropolitan planning organization" means a metropolitan
	127	+	23 planning organization designated under 23 U.S.C. Section 134.
	128	+	24 "Offeror" means a person that responds to a request for
	129	+	25 proposals under this Act.
	130	+	26 "Operate" or "operation" means to do one or more of the
	131	+
	132	+
	133	+
	134	+
	135	+
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	141	+	1 following: maintain, improve, equip, modify, or otherwise
	142	+	2 operate.
	143	+	3 "Person" means any individual, firm, association, joint
	144	+	4 venture, partnership, estate, trust, syndicate, fiduciary,
	145	+	5 corporation, or any other legal entity, group, or combination
	146	+	6 thereof.
	147	+	7 "Public-private agreement" means an agreement or contract
	148	+	8 between the Department on behalf of the State and all
	149	+	9 schedules, exhibits, and attachments thereto, entered into
	150	+	10 pursuant to a competitive request for proposals process
	151	+	11 governed by this Act, for the development, financing,
	152	+	12 construction, management, or operation of the South Suburban
	153	+	13 Airport under this Act.
	154	+	14 "Revenues" means all revenues, including any combination
	155	+	15 of, but not limited to: income; user fees; earnings; interest;
	156	+	16 lease payments; allocations; moneys from the federal
	157	+	17 government, the State, and units of local government,
	158	+	18 including but not limited to federal, State, and local
	159	+	19 appropriations, grants, loans, lines of credit, and credit
	160	+	20 guarantees; bond proceeds; equity investments; service
	161	+	21 payments; or other receipts arising out of or in connection
	162	+	22 with the financing, development, construction, management, or
	163	+	23 operation of the South Suburban Airport.
	164	+	24 "State" means the State of Illinois.
	165	+	25 "Secretary" means the Secretary of the Illinois Department
	166	+	26 of Transportation.
	167	+
	168	+
	169	+
	170	+
	171	+
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	177	+	1 "South Suburban Airport" means the airport to be developed
	178	+	2 on a site located in Will County and approved by the Federal
	179	+	3 Aviation Administration in the Record of Decision for Tier 1:
	180	+	4 FAA Site Approval And Land Acquisition By The State Of
	181	+	5 Illinois, Proposed South Suburban Airport, Will County,
	182	+	6 Illinois, dated July 2002, and all property within the
	183	+	7 inaugural airport boundary and the ultimate airport boundary.
	184	+	8 "Ultimate airport boundary" means the development and
	185	+	9 property limits of the South Suburban Airport beyond the
	186	+	10 inaugural airport boundary as determined by the Department, as
	187	+	11 may be adjusted and reconfigured from time to time.
	188	+	12 "Unit of local government" has the meaning ascribed to
	189	+	13 that term in Article VII, Section 1 of the Constitution of the
	190	+	14 State of Illinois, and, for purposes of this Act, includes
	191	+	15 school districts.
	192	+	16 "User fees" means the rates, fees, or other charges
	193	+	17 imposed by the State or the contractor for use of all or a
	194	+	18 portion of the South Suburban Airport under a public-private
	195	+	19 agreement.
	196	+	20 (Source: P.A. 98-109, eff. 7-25-13.)
	197	+	21 (620 ILCS 75/2-25)
	198	+	22 Sec. 2-25. Prequalification to enter into public-private
	199	+	23 agreements. The Department shall may establish a process for
	200	+	24 prequalification of offerors. The If the Department creates a
	201	+	25 prequalification process, it shall: (i) provide a public
	202	+
	203	+
	204	+
	205	+
	206	+
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	212	+	1 notice of the prequalification at least 30 days before the
	213	+	2 date on which applications are due; (ii) set forth
	214	+	3 requirements and evaluation criteria in order to become
	215	+	4 prequalified; (iii) determine which offerors that have
	216	+	5 submitted prequalification applications, if any, meet the
	217	+	6 requirements and evaluation criteria; and (iv) allow only
	218	+	7 those offerors that have been prequalified to respond to the
	219	+	8 request for proposals.
	220	+	9 The Department shall commence the prequalification process
	221	+	10 within 6 months after the effective date of this amendatory
	222	+	11 Act of the 103rd General Assembly.
	223	+	12 (Source: P.A. 98-109, eff. 7-25-13.)
	224	+
	225	+
	226	+
	227	+
	228	+
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