Illinois 2023-2024 Regular Session

Illinois House Bill HB5496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0864
2	1		HB5496 EnrolledLRB103 37504 MXP 67627 b HB5496 Enrolled LRB103 37504 MXP 67627 b
3	2		HB5496 Enrolled LRB103 37504 MXP 67627 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 adding Sections 2-26 and
9		-	2-41 as follows:
10		-	(620 ILCS 75/2-26 new)
11		-	Sec. 2-26. Unsolicited bids. In addition to the
12		-	prequalification process under this Act, the Department shall
13		-	accept any unsolicited bids for the South Suburban Airport
14		-	received pursuant to the Public-Private Partnerships for
15		-	Transportation Act. Nothing in this Section shall be construed
16		-	to restrict the obligations of the Department to respond to
17		-	any unsolicited bids under the Public-Private Partnerships for
18		-	Transportation Act.
19		-	(620 ILCS 75/2-41 new)
20		-	Sec. 2-41. Sole-source negotiation. Notwithstanding any
21		-	other provision of law, the Department may enter into direct,
22		-	sole-source negotiations with potential private airport
23		-	development teams for the development, financing, building,
24		-	operating, and maintaining of the airport.
	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 adding Sections 2-26 and
	8	+	6 2-41 as follows:
	9	+	7 (620 ILCS 75/2-26 new)
	10	+	8 Sec. 2-26. Unsolicited bids. In addition to the
	11	+	9 prequalification process under this Act, the Department shall
	12	+	10 accept any unsolicited bids for the South Suburban Airport
	13	+	11 received pursuant to the Public-Private Partnerships for
	14	+	12 Transportation Act. Nothing in this Section shall be construed
	15	+	13 to restrict the obligations of the Department to respond to
	16	+	14 any unsolicited bids under the Public-Private Partnerships for
	17	+	15 Transportation Act.
	18	+	16 (620 ILCS 75/2-41 new)
	19	+	17 Sec. 2-41. Sole-source negotiation. Notwithstanding any
	20	+	18 other provision of law, the Department may enter into direct,
	21	+	19 sole-source negotiations with potential private airport
	22	+	20 development teams for the development, financing, building,
	23	+	21 operating, and maintaining of the airport.
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31		-	Section 10. The Public-Private Partnerships for
32		-	Transportation Act is amended by changing Section 10 as
33		-	follows:
34		-	(630 ILCS 5/10)
35		-	Sec. 10. Definitions. As used in this Act:
36		-	"Approved proposal" means the proposal that is approved by
37		-	the responsible public entity pursuant to subsection (j) of
38		-	Section 20 of this Act.
39		-	"Approved proposer" means the private entity whose
40		-	proposal is the approved proposal.
41		-	"Authority" means the Illinois State Toll Highway
42		-	Authority.
43		-	"Contractor" means a private entity that has entered into
44		-	a public-private agreement with the responsible public entity
45		-	to provide services to or on behalf of the responsible public
46		-	entity.
47		-	"Department" means the Illinois Department of
48		-	Transportation.
49		-	"Design-build agreement" means the agreement between the
50		-	selected private entity and the responsible public entity
51		-	under which the selected private entity agrees to furnish
52		-	design, construction, and related services for a
53		-	transportation facility under this Act.
54		-	"Develop" or "development" means to do one or more of the
55		-	following: plan, design, develop, lease, acquire, install,
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	31	+	HB5496 Enrolled - 2 - LRB103 37504 MXP 67627 b
	32	+	1 Section 10. The Public-Private Partnerships for
	33	+	2 Transportation Act is amended by changing Section 10 as
	34	+	3 follows:
	35	+	4 (630 ILCS 5/10)
	36	+	5 Sec. 10. Definitions. As used in this Act:
	37	+	6 "Approved proposal" means the proposal that is approved by
	38	+	7 the responsible public entity pursuant to subsection (j) of
	39	+	8 Section 20 of this Act.
	40	+	9 "Approved proposer" means the private entity whose
	41	+	10 proposal is the approved proposal.
	42	+	11 "Authority" means the Illinois State Toll Highway
	43	+	12 Authority.
	44	+	13 "Contractor" means a private entity that has entered into
	45	+	14 a public-private agreement with the responsible public entity
	46	+	15 to provide services to or on behalf of the responsible public
	47	+	16 entity.
	48	+	17 "Department" means the Illinois Department of
	49	+	18 Transportation.
	50	+	19 "Design-build agreement" means the agreement between the
	51	+	20 selected private entity and the responsible public entity
	52	+	21 under which the selected private entity agrees to furnish
	53	+	22 design, construction, and related services for a
	54	+	23 transportation facility under this Act.
	55	+	24 "Develop" or "development" means to do one or more of the
	56	+	25 following: plan, design, develop, lease, acquire, install,
56	57
57	58
58		-	construct, reconstruct, rehabilitate, extend, or expand.
59		-	"Maintain" or "maintenance" includes ordinary maintenance,
60		-	repair, rehabilitation, capital maintenance, maintenance
61		-	replacement, and any other categories of maintenance that may
62		-	be designated by the responsible public entity.
63		-	"Operate" or "operation" means to do one or more of the
64		-	following: maintain, improve, equip, modify, or otherwise
65		-	operate.
66		-	"Private entity" means any combination of one or more
67		-	individuals, corporations, general partnerships, limited
68		-	liability companies, limited partnerships, joint ventures,
69		-	business trusts, nonprofit entities, or other business
70		-	entities that are parties to a proposal for a transportation
71		-	project or an agreement related to a transportation project. A
72		-	public agency may provide services to a contractor as a
73		-	subcontractor or subconsultant without affecting the private
74		-	status of the private entity and the ability to enter into a
75		-	public-private agreement. A transportation agency is not a
76		-	private entity.
77		-	"Proposal" means all materials and documents prepared by
78		-	or on behalf of a private entity relating to the proposed
79		-	development, financing, or operation of a transportation
80		-	facility as a transportation project.
81		-	"Proposer" means a private entity that has submitted an
82		-	unsolicited proposal for a public-private agreement to a
83		-	responsible public entity under this Act or a proposal or
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86		-	statement of qualifications for a public-private agreement in
87		-	response to a request for proposals or a request for
88		-	qualifications issued by a responsible public entity under
89		-	this Act.
90		-	"Public-private agreement" means the public-private
91		-	agreement between the contractor and the responsible public
92		-	entity relating to one or more of the development, financing,
93		-	or operation of a transportation project that is entered into
94		-	under this Act.
95		-	"Request for information" means all materials and
96		-	documents prepared by or on behalf of the responsible public
97		-	entity to solicit information from private entities with
98		-	respect to transportation projects.
99		-	"Request for proposals" means all materials and documents
100		-	prepared by or on behalf of the responsible public entity to
101		-	solicit proposals from private entities to enter into a
102		-	public-private agreement.
103		-	"Request for qualifications" means all materials and
104		-	documents prepared by or on behalf of the responsible public
105		-	entity to solicit statements of qualification from private
106		-	entities to enter into a public-private agreement.
107		-	"Responsible public entity" means the Department of
108		-	Transportation, the Illinois State Toll Highway Authority.
109		-	"Revenues" means all revenues, including any combination
110		-	of: income; earnings and interest; user fees; lease payments;
111		-	allocations; federal, State, and local appropriations, grants,
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114		-	loans, lines of credit, and credit guarantees; bond proceeds;
115		-	equity investments; service payments; or other receipts;
116		-	arising out of or in connection with a transportation project,
117		-	including the development, financing, and operation of a
118		-	transportation project. The term includes money received as
119		-	grants, loans, lines of credit, credit guarantees, or
120		-	otherwise in aid of a transportation project from the federal
121		-	government, the State, a unit of local government, or any
122		-	agency or instrumentality of the federal government, the
123		-	State, or a unit of local government.
124		-	"Shortlist" means the process by which a responsible
125		-	public entity will review, evaluate, and rank statements of
126		-	qualifications submitted in response to a request for
127		-	qualifications and then identify the proposers who are
128		-	eligible to submit a detailed proposal in response to a
129		-	request for proposals. The identified proposers constitute the
130		-	shortlist for the transportation project to which the request
131		-	for proposals relates.
132		-	"Transportation agency" means (i) the Department or (ii)
133		-	the Authority.
134		-	"Transportation facility" means any new or existing road,
135		-	highway, toll highway, bridge, tunnel, intermodal facility,
136		-	intercity or high-speed passenger rail, or other
137		-	transportation facility or infrastructure, including the South
138		-	Suburban Airport but excluding all other airports, under the
139		-	jurisdiction of a responsible public entity, except those
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	67	+	1 construct, reconstruct, rehabilitate, extend, or expand.
	68	+	2 "Maintain" or "maintenance" includes ordinary maintenance,
	69	+	3 repair, rehabilitation, capital maintenance, maintenance
	70	+	4 replacement, and any other categories of maintenance that may
	71	+	5 be designated by the responsible public entity.
	72	+	6 "Operate" or "operation" means to do one or more of the
	73	+	7 following: maintain, improve, equip, modify, or otherwise
	74	+	8 operate.
	75	+	9 "Private entity" means any combination of one or more
	76	+	10 individuals, corporations, general partnerships, limited
	77	+	11 liability companies, limited partnerships, joint ventures,
	78	+	12 business trusts, nonprofit entities, or other business
	79	+	13 entities that are parties to a proposal for a transportation
	80	+	14 project or an agreement related to a transportation project. A
	81	+	15 public agency may provide services to a contractor as a
	82	+	16 subcontractor or subconsultant without affecting the private
	83	+	17 status of the private entity and the ability to enter into a
	84	+	18 public-private agreement. A transportation agency is not a
	85	+	19 private entity.
	86	+	20 "Proposal" means all materials and documents prepared by
	87	+	21 or on behalf of a private entity relating to the proposed
	88	+	22 development, financing, or operation of a transportation
	89	+	23 facility as a transportation project.
	90	+	24 "Proposer" means a private entity that has submitted an
	91	+	25 unsolicited proposal for a public-private agreement to a
	92	+	26 responsible public entity under this Act or a proposal or
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142		-	facilities for the Illiana Expressway. The term
143		-	"transportation facility" may refer to one or more
144		-	transportation facilities that are proposed to be developed or
145		-	operated as part of a single transportation project.
146		-	"Transportation project" or "project" means any or the
147		-	combination of the design, development, construction,
148		-	financing, or operation with respect to all or a portion of any
149		-	transportation facility under the jurisdiction of the
150		-	responsible public entity, except those facilities for the
151		-	Illiana Expressway, undertaken pursuant to this Act.
152		-	"Unit of local government" has the meaning ascribed to
153		-	that term in Article VII, Section 1 of the Constitution of the
154		-	State of Illinois and also means any unit designated as a
155		-	municipal corporation.
156		-	"Unsolicited proposal" means a written proposal that is
157		-	submitted to a responsible public entity on the initiative of
158		-	the private sector entity or entities for the purpose of
159		-	developing a partnership, and that is not in response to a
160		-	formal or informal request issued by a responsible public
161		-	entity.
162		-	"User fees" or "tolls" means the rates, tolls, fees, or
163		-	other charges imposed by the contractor for use of all or a
164		-	portion of a transportation project under a public-private
165		-	agreement.
166		-	(Source: P.A. 103-570, eff. 1-1-24.)
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	103	+	1 statement of qualifications for a public-private agreement in
	104	+	2 response to a request for proposals or a request for
	105	+	3 qualifications issued by a responsible public entity under
	106	+	4 this Act.
	107	+	5 "Public-private agreement" means the public-private
	108	+	6 agreement between the contractor and the responsible public
	109	+	7 entity relating to one or more of the development, financing,
	110	+	8 or operation of a transportation project that is entered into
	111	+	9 under this Act.
	112	+	10 "Request for information" means all materials and
	113	+	11 documents prepared by or on behalf of the responsible public
	114	+	12 entity to solicit information from private entities with
	115	+	13 respect to transportation projects.
	116	+	14 "Request for proposals" means all materials and documents
	117	+	15 prepared by or on behalf of the responsible public entity to
	118	+	16 solicit proposals from private entities to enter into a
	119	+	17 public-private agreement.
	120	+	18 "Request for qualifications" means all materials and
	121	+	19 documents prepared by or on behalf of the responsible public
	122	+	20 entity to solicit statements of qualification from private
	123	+	21 entities to enter into a public-private agreement.
	124	+	22 "Responsible public entity" means the Department of
	125	+	23 Transportation, the Illinois State Toll Highway Authority.
	126	+	24 "Revenues" means all revenues, including any combination
	127	+	25 of: income; earnings and interest; user fees; lease payments;
	128	+	26 allocations; federal, State, and local appropriations, grants,
	129	+
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	139	+	1 loans, lines of credit, and credit guarantees; bond proceeds;
	140	+	2 equity investments; service payments; or other receipts;
	141	+	3 arising out of or in connection with a transportation project,
	142	+	4 including the development, financing, and operation of a
	143	+	5 transportation project. The term includes money received as
	144	+	6 grants, loans, lines of credit, credit guarantees, or
	145	+	7 otherwise in aid of a transportation project from the federal
	146	+	8 government, the State, a unit of local government, or any
	147	+	9 agency or instrumentality of the federal government, the
	148	+	10 State, or a unit of local government.
	149	+	11 "Shortlist" means the process by which a responsible
	150	+	12 public entity will review, evaluate, and rank statements of
	151	+	13 qualifications submitted in response to a request for
	152	+	14 qualifications and then identify the proposers who are
	153	+	15 eligible to submit a detailed proposal in response to a
	154	+	16 request for proposals. The identified proposers constitute the
	155	+	17 shortlist for the transportation project to which the request
	156	+	18 for proposals relates.
	157	+	19 "Transportation agency" means (i) the Department or (ii)
	158	+	20 the Authority.
	159	+	21 "Transportation facility" means any new or existing road,
	160	+	22 highway, toll highway, bridge, tunnel, intermodal facility,
	161	+	23 intercity or high-speed passenger rail, or other
	162	+	24 transportation facility or infrastructure, including the South
	163	+	25 Suburban Airport but excluding all other airports, under the
	164	+	26 jurisdiction of a responsible public entity, except those
	165	+
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	175	+	1 facilities for the Illiana Expressway. The term
	176	+	2 "transportation facility" may refer to one or more
	177	+	3 transportation facilities that are proposed to be developed or
	178	+	4 operated as part of a single transportation project.
	179	+	5 "Transportation project" or "project" means any or the
	180	+	6 combination of the design, development, construction,
	181	+	7 financing, or operation with respect to all or a portion of any
	182	+	8 transportation facility under the jurisdiction of the
	183	+	9 responsible public entity, except those facilities for the
	184	+	10 Illiana Expressway, undertaken pursuant to this Act.
	185	+	11 "Unit of local government" has the meaning ascribed to
	186	+	12 that term in Article VII, Section 1 of the Constitution of the
	187	+	13 State of Illinois and also means any unit designated as a
	188	+	14 municipal corporation.
	189	+	15 "Unsolicited proposal" means a written proposal that is
	190	+	16 submitted to a responsible public entity on the initiative of
	191	+	17 the private sector entity or entities for the purpose of
	192	+	18 developing a partnership, and that is not in response to a
	193	+	19 formal or informal request issued by a responsible public
	194	+	20 entity.
	195	+	21 "User fees" or "tolls" means the rates, tolls, fees, or
	196	+	22 other charges imposed by the contractor for use of all or a
	197	+	23 portion of a transportation project under a public-private
	198	+	24 agreement.
	199	+	25 (Source: P.A. 103-570, eff. 1-1-24.)
	200	+	26 Section 99. Effective date. This Act takes effect upon
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