Public Act 103-0317
HB2531 EnrolledLRB103 25705 MXP 52054 b HB2531 Enrolled LRB103 25705 MXP 52054 b
HB2531 Enrolled LRB103 25705 MXP 52054 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public-Private Agreements for the South
Suburban Airport Act is amended by changing Sections 2-5,
2-10, and 2-25 as follows:
(620 ILCS 75/2-5)
Sec. 2-5. Legislative findings.
(a) Providing facilities for air travel and domestic and
global freight cargo transfer shipment to and from the State
of Illinois through the South Suburban Airport is essential
for the health and welfare of the people of the State of
Illinois and economic development and well-being of the
Southland region and the State of Illinois.
(b) Airport development has significant regional impacts
with regard to economic development, public infrastructure
requirements, traffic, noise, and other concerns.
(c) The South Suburban Airport will promote development
and investment in the State of Illinois and serve as a critical
transportation hub in the region.
(d) Existing requirements of procurement and financing of
airports by the Department impose limitations on the methods
by which airports may be developed and operated within the
HB2531 Enrolled LRB103 25705 MXP 52054 b
State.
(e) Public-private agreements between the State of
Illinois and one or more private entities to develop, finance,
construct, manage, operate, maintain, or any combination
thereof, the South Suburban Airport have the potential of
maximizing value and benefit to the People of the State of
Illinois and the public at large.
(f) Public-private agreements may enable the South
Suburban Airport to be developed, financed, constructed,
managed, operated, and maintained in an entrepreneurial and
business-like manner.
(g) In the event that the State of Illinois enters into one
or more public-private agreements to develop, finance,
construct, manage, operate, or maintain the South Suburban
Airport, the private parties to the agreements should be
accountable to the People of Illinois through a comprehensive
system of oversight, regulation, auditing, and reporting.
(h) It is the intent of this Act to use Illinois design
professionals, construction companies, and workers to the
greatest extent permitted by law by offering them the right to
compete for this work.
(i) It is the intent of this Act for the Department to
collaborate with affected municipalities, counties, citizens,
elected officials, interest groups, and other stakeholders to
foster economic development around the South Suburban Airport
and the region, and to insure that the communities near the
South Suburban Airport have an ongoing opportunity to provide
input on the development and operation of the South Suburban
Airport.
(Source: P.A. 98-109, eff. 7-25-13.)
(620 ILCS 75/2-10)
Sec. 2-10. Definitions. As used in this Act:
"Agreement" means a public-private agreement.
"Airport" means a facility for all types of air service,
including, without limitation, landing fields, taxiways,
aprons, runways, runway clear areas, heliports, hangars,
aircraft service facilities, approaches, navigational aids,
air traffic control facilities, terminals, inspection
facilities, security facilities, parking, internal transit
facilities, fueling facilities, cargo handling facilities,
concessions, rapid transit and roadway access, land and
interests in land, public waters, submerged land under public
waters and reclaimed land located on previously submerged land
under public waters, and all other property and appurtenances
necessary or useful for development, ownership, and operation
of any such facilities. "Airport" includes commercial or
industrial facilities related to the functioning of the
airport or to providing services to users of the airport.
"Cargo-oriented development" means the development of
places that are both multimodal nodes of freight
transportation and centers of employment in logistics and
manufacturing businesses.
"Contractor" means a person that has been selected to
enter or has entered into a public-private agreement with the
Department on behalf of the State for the development,
financing, construction, management, or operation of the South
Suburban Airport under this Act.
"Department" means the Illinois Department of
Transportation.
"Inaugural airport" means all airport facilities,
equipment, property, and appurtenances necessary or useful to
the development and operation of the South Suburban Airport
that are constructed, developed, installed, or acquired as of
the commencement of public operations of the South Suburban
Airport.
"Inaugural airport boundary" means the property limits of
the inaugural airport as determined by the Department, as may
be adjusted and reconfigured from time to time.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the Department.
"Metropolitan planning organization" means a metropolitan
planning organization designated under 23 U.S.C. Section 134.
"Offeror" means a person that responds to a request for
proposals under this Act.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any individual, firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary,
corporation, or any other legal entity, group, or combination
thereof.
"Public-private agreement" means an agreement or contract
between the Department on behalf of the State and all
schedules, exhibits, and attachments thereto, entered into
pursuant to a competitive request for proposals process
governed by this Act, for the development, financing,
construction, management, or operation of the South Suburban
Airport under this Act.
"Revenues" means all revenues, including any combination
of, but not limited to: income; user fees; earnings; interest;
lease payments; allocations; moneys from the federal
government, the State, and units of local government,
including but not limited to federal, State, and local
appropriations, grants, loans, lines of credit, and credit
guarantees; bond proceeds; equity investments; service
payments; or other receipts arising out of or in connection
with the financing, development, construction, management, or
operation of the South Suburban Airport.
"State" means the State of Illinois.
"Secretary" means the Secretary of the Illinois Department
of Transportation.
"South Suburban Airport" means the airport to be developed
on a site located in Will County and approved by the Federal
Aviation Administration in the Record of Decision for Tier 1:
FAA Site Approval And Land Acquisition By The State Of
Illinois, Proposed South Suburban Airport, Will County,
Illinois, dated July 2002, and all property within the
inaugural airport boundary and the ultimate airport boundary.
"Ultimate airport boundary" means the development and
property limits of the South Suburban Airport beyond the
inaugural airport boundary as determined by the Department, as
may be adjusted and reconfigured from time to time.
"Unit of local government" has the meaning ascribed to
that term in Article VII, Section 1 of the Constitution of the
State of Illinois, and, for purposes of this Act, includes
school districts.
"User fees" means the rates, fees, or other charges
imposed by the State or the contractor for use of all or a
portion of the South Suburban Airport under a public-private
agreement.
(Source: P.A. 98-109, eff. 7-25-13.)
(620 ILCS 75/2-25)
Sec. 2-25. Prequalification to enter into public-private
agreements. The Department shall may establish a process for
prequalification of offerors. The If the Department creates a
prequalification process, it shall: (i) provide a public
notice of the prequalification at least 30 days before the
date on which applications are due; (ii) set forth
requirements and evaluation criteria in order to become
prequalified; (iii) determine which offerors that have
submitted prequalification applications, if any, meet the
requirements and evaluation criteria; and (iv) allow only
those offerors that have been prequalified to respond to the
request for proposals.
The Department shall commence the prequalification process
within 6 months after the effective date of this amendatory
Act of the 103rd General Assembly.
(Source: P.A. 98-109, eff. 7-25-13.)