IL
Illinois House Bill HB3438

Illinois 2025-2026 Regular Session

Illinois House Bill HB3438 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3438 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 2705/2705-590625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-41165 ILCS 5/11-101-3 Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall develop and implement a life-cycle costs analysis for each new construction, reconstruction, or replacement road project, except for State rehabilitation and preservation projects, under its jurisdiction for which the total pavement costs exceed $500,000. Amends the Illinois Municipal Code. Provides that the employee of the Aeronautics Division of the Department of Transportation who is a member of the advisory committee that determines which homes contain windows or doors that cause offensive odors and thus are eligible for replacement shall only cast a vote when breaking a tie. Amends the Illinois Vehicle Code. Provides that every crash report required to be made in writing must be electronically submitted to the Administrator using an electronic format approved by the Administrator (rather than made on an approved form or in an approved electronic format provided by the Administrator). Makes conforming changes. Effective immediately, except that the changes made to the Illinois Vehicle Code are effective January 1, 2027. LRB104 10941 LNS 21023 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3438 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 2705/2705-590625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-41165 ILCS 5/11-101-3 20 ILCS 2705/2705-590 625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411 65 ILCS 5/11-101-3 Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall develop and implement a life-cycle costs analysis for each new construction, reconstruction, or replacement road project, except for State rehabilitation and preservation projects, under its jurisdiction for which the total pavement costs exceed $500,000. Amends the Illinois Municipal Code. Provides that the employee of the Aeronautics Division of the Department of Transportation who is a member of the advisory committee that determines which homes contain windows or doors that cause offensive odors and thus are eligible for replacement shall only cast a vote when breaking a tie. Amends the Illinois Vehicle Code. Provides that every crash report required to be made in writing must be electronically submitted to the Administrator using an electronic format approved by the Administrator (rather than made on an approved form or in an approved electronic format provided by the Administrator). Makes conforming changes. Effective immediately, except that the changes made to the Illinois Vehicle Code are effective January 1, 2027. LRB104 10941 LNS 21023 b LRB104 10941 LNS 21023 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3438 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
3+20 ILCS 2705/2705-590625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-41165 ILCS 5/11-101-3 20 ILCS 2705/2705-590 625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411 65 ILCS 5/11-101-3
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7+Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall develop and implement a life-cycle costs analysis for each new construction, reconstruction, or replacement road project, except for State rehabilitation and preservation projects, under its jurisdiction for which the total pavement costs exceed $500,000. Amends the Illinois Municipal Code. Provides that the employee of the Aeronautics Division of the Department of Transportation who is a member of the advisory committee that determines which homes contain windows or doors that cause offensive odors and thus are eligible for replacement shall only cast a vote when breaking a tie. Amends the Illinois Vehicle Code. Provides that every crash report required to be made in writing must be electronically submitted to the Administrator using an electronic format approved by the Administrator (rather than made on an approved form or in an approved electronic format provided by the Administrator). Makes conforming changes. Effective immediately, except that the changes made to the Illinois Vehicle Code are effective January 1, 2027.
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313 1 AN ACT concerning transportation.
414 2 Be it enacted by the People of the State of Illinois,
515 3 represented in the General Assembly:
616 4 Section 5. The Department of Transportation Law of the
717 5 Civil Administrative Code of Illinois is amended by changing
818 6 Section 2705-590 as follows:
919 7 (20 ILCS 2705/2705-590)
1020 8 Sec. 2705-590. Roadbuilding criteria; life-cycle cost
1121 9 analysis.
1222 10 (a) As used in this Section, "life-cycle cost" means the
1323 11 total of the cost of the initial project plus all anticipated
1424 12 future costs over the life of the pavement. Actual, relevant
1525 13 data, and not assumptions or estimates, shall be used to the
1626 14 extent such data has been collected.
1727 15 (b) The Department shall develop and implement a
1828 16 life-cycle cost analysis for each State new construction,
1929 17 reconstruction, or replacement road project under its
2030 18 jurisdiction for which the total pavement costs exceed
2131 19 $500,000 funded in whole, or in part, with State or
2232 20 State-appropriated funds. State rehabilitation and
2333 21 preservation projects shall be exempt from this requirement.
2434 22 The Department shall design and award these paving projects
2535 23 utilizing material having the lowest life-cycle cost. All
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39+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3438 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
40+20 ILCS 2705/2705-590625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-41165 ILCS 5/11-101-3 20 ILCS 2705/2705-590 625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411 65 ILCS 5/11-101-3
41+20 ILCS 2705/2705-590
42+625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411
43+65 ILCS 5/11-101-3
44+Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation shall develop and implement a life-cycle costs analysis for each new construction, reconstruction, or replacement road project, except for State rehabilitation and preservation projects, under its jurisdiction for which the total pavement costs exceed $500,000. Amends the Illinois Municipal Code. Provides that the employee of the Aeronautics Division of the Department of Transportation who is a member of the advisory committee that determines which homes contain windows or doors that cause offensive odors and thus are eligible for replacement shall only cast a vote when breaking a tie. Amends the Illinois Vehicle Code. Provides that every crash report required to be made in writing must be electronically submitted to the Administrator using an electronic format approved by the Administrator (rather than made on an approved form or in an approved electronic format provided by the Administrator). Makes conforming changes. Effective immediately, except that the changes made to the Illinois Vehicle Code are effective January 1, 2027.
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3474 1 pavement design life shall ensure that State and
3575 2 State-appropriated funds are utilized as efficiently as
3676 3 possible. When alternative material options are substantially
3777 4 equivalent on a life-cycle cost basis, the Department may make
3878 5 a decision based on other criteria. At the discretion of the
3979 6 Department, interstate highways with high traffic volumes or
4080 7 experimental projects may be exempt from this requirement.
4181 8 (c) Except as otherwise provided in this Section, a
4282 9 life-cycle cost analysis shall compare equivalent designs
4383 10 based upon this State's actual historic project schedules and
4484 11 costs as recorded by the pavement management system, and may
4585 12 include estimates of user costs throughout the entire pavement
4686 13 life.
4787 14 (d) For pavement projects for which this State has no
4888 15 actual historic project schedules and costs as recorded by the
4989 16 pavement management system, the Department may use actual
5090 17 historical and comparable data for equivalent designs from
5191 18 states with similar climates, soil structures, or vehicle
5292 19 traffic.
5393 20 (Source: P.A. 96-715, eff. 8-25-09; 96-1000, eff. 7-2-10.)
5494 21 Section 10. The Illinois Municipal Code is amended by
5595 22 changing Section 11-101-3 as follows:
5696 23 (65 ILCS 5/11-101-3)
5797 24 Sec. 11-101-3. Noise mitigation; air quality.
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68108 1 (a) A municipality that has implemented a Residential
69109 2 Sound Insulation Program to mitigate aircraft noise shall
70110 3 perform indoor air quality monitoring and laboratory analysis
71111 4 of windows and doors installed pursuant to the Residential
72112 5 Sound Insulation Program to determine whether there are any
73113 6 adverse health impacts associated with off-gassing from such
74114 7 windows and doors. Such monitoring and analysis shall be
75115 8 consistent with applicable professional and industry
76116 9 standards. The municipality shall make any final reports
77117 10 resulting from such monitoring and analysis available to the
78118 11 public on the municipality's website. The municipality shall
79119 12 develop a science-based mitigation plan to address significant
80120 13 health-related impacts, if any, associated with such windows
81121 14 and doors as determined by the results of the monitoring and
82122 15 analysis. In a municipality that has implemented a Residential
83123 16 Sound Insulation Program to mitigate aircraft noise, if
84124 17 requested by the homeowner pursuant to a process established
85125 18 by the municipality, which process shall include, at a
86126 19 minimum, notification in a newspaper of general circulation
87127 20 and a mailer sent to every address identified as a recipient of
88128 21 windows and doors installed under the Residential Sound
89129 22 Insulation Program, the municipality shall replace all windows
90130 23 and doors installed under the Residential Sound Insulation
91131 24 Program in such homes where one or more windows or doors have
92132 25 been found to have caused offensive odors. Subject to
93133 26 appropriation, the municipality shall replace windows and
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104144 1 doors in at least 750 residences a year. Residents who altered
105145 2 or modified a replacement window or accepted a replacement
106146 3 screen for the window shall not be disqualified from
107147 4 compensation or future services. Only those homeowners who
108148 5 request that the municipality perform an odor inspection as
109149 6 prescribed by the process established by the municipality
110150 7 within 6 months of notification being published and mailers
111151 8 being sent shall be eligible for odorous window and odorous
112152 9 door replacement. Residents who are eligible to receive
113153 10 replacement windows shall be allowed to choose the color and
114154 11 type of replacement window. For purposes of aiding in the
115155 12 selection of such replacement windows, a showcase and display
116156 13 of available replacement window types shall be established and
117157 14 located at Chicago Midway International Airport. Homes that
118158 15 have been identified by the municipality as having odorous
119159 16 windows or doors are not required to make said request to the
120160 17 municipality. The right to make a claim for replacement and
121161 18 have it considered pursuant to this Section shall not be
122162 19 affected by the fact of odor-related claims made or
123163 20 odor-related products received pursuant to the Residential
124164 21 Sound Insulation Program prior to June 5, 2019 (the effective
125165 22 date of this Section). The municipality shall also perform
126166 23 in-home air quality testing in residences in which windows and
127167 24 doors are replaced under this Section. In order to receive
128168 25 in-home air quality testing, a homeowner must request such
129169 26 testing from the municipality, and the total number of homes
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140180 1 tested in any given year shall not exceed 25% of the total
141181 2 number of homes in which windows and doors were replaced under
142182 3 this Section in the prior calendar year.
143183 4 (b) An advisory committee shall be formed, composed of the
144184 5 following: (i) 2 members of the municipality who reside in
145185 6 homes that have received windows or doors pursuant to the
146186 7 Residential Sound Insulation Program and have been identified
147187 8 by the municipality as having odorous windows or doors,
148188 9 appointed by the Secretary of Transportation; (ii) one
149189 10 employee of the Aeronautics Division of the Department of
150190 11 Transportation who shall only cast votes when breaking a tie;
151191 12 (iii) 2 employees of the municipality that implemented the
152192 13 Residential Sound Insulation Program in question; and (iv) 2
153193 14 members appointed by the Speaker of the House of
154194 15 Representatives, 2 members appointed by the President of the
155195 16 Senate, one member appointed by the Minority Leader of the
156196 17 House of Representatives, and one member appointed by the
157197 18 Minority Leader of the Senate. The advisory committee shall
158198 19 determine by majority vote which homes contain windows or
159199 20 doors that cause offensive odors and thus are eligible for
160200 21 replacement, shall promulgate a list of such homes, and shall
161201 22 develop recommendations as to the order in which homes are to
162202 23 receive window replacement. The recommendations shall include
163203 24 reasonable and objective criteria for determining which
164204 25 windows or doors are odorous, consideration of the date of
165205 26 odor confirmation for prioritization, severity of odor,
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176216 1 geography and individual hardship, and shall provide such
177217 2 recommendations to the municipality. The advisory committee
178218 3 shall develop a process in which homeowners can demonstrate
179219 4 extreme hardship. As used in this subsection, "extreme
180220 5 hardship" means: liquid infiltration of the window or door;
181221 6 health and medical condition of the resident; and residents
182222 7 with sensitivities related to smell. At least 10% of the homes
183223 8 receiving a replacement in a year shall be homes that have
184224 9 demonstrated extreme hardship. The advisory committee shall
185225 10 compile a report demonstrating: (i) the number of homes in
186226 11 line to receive a replacement; (ii) the number of homes that
187227 12 received replacement windows or doors, or both; (iii) the
188228 13 number of homes that received financial compensation instead
189229 14 of a replacement; and (iv) the number of homes with confirmed
190230 15 mechanical issues. Until December 31, 2022, the report shall
191231 16 be compiled monthly, after December 31, 2022, the report shall
192232 17 be complied quarterly. The advisory committee shall accept all
193233 18 public questions and furnish a written response within 2
194234 19 business days. The advisory committee shall comply with the
195235 20 requirements of the Open Meetings Act. The Chicago Department
196236 21 of Aviation shall provide administrative support to the
197237 22 committee. The municipality shall consider the recommendations
198238 23 of the committee but shall retain final decision-making
199239 24 authority over replacement of windows and doors installed
200240 25 under the Residential Sound Insulation Program, and shall
201241 26 comply with all federal, State, and local laws involving
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212252 1 procurement. A municipality administering claims pursuant to
213253 2 this Section shall provide to every address identified as
214254 3 having submitted a valid claim under this Section a quarterly
215255 4 report setting forth the municipality's activities undertaken
216256 5 pursuant to this Section for that quarter. However, the
217257 6 municipality shall replace windows and doors pursuant to this
218258 7 Section only if, and to the extent, grants are distributed to,
219259 8 and received by, the municipality from the Sound-Reducing
220260 9 Windows and Doors Replacement Fund for the costs associated
221261 10 with the replacement of sound-reducing windows and doors
222262 11 installed under the Residential Sound Insulation Program
223263 12 pursuant to Section 6z-20.1 of the State Finance Act. In
224264 13 addition, the municipality shall revise its specifications for
225265 14 procurement of windows for the Residential Sound Insulation
226266 15 Program to address potential off-gassing from such windows in
227267 16 future phases of the program. A municipality subject to the
228268 17 Section shall not legislate or otherwise regulate with regard
229269 18 to indoor air quality monitoring, laboratory analysis or
230270 19 replacement requirements, except as provided in this Section,
231271 20 but the foregoing restriction shall not limit said
232272 21 municipality's taxing power.
233273 22 (c) A home rule unit may not regulate indoor air quality
234274 23 monitoring and laboratory analysis, and related mitigation and
235275 24 mitigation plans, in a manner inconsistent with this Section.
236276 25 This Section is a limitation of home rule powers and functions
237277 26 under subsection (i) of Section 6 of Article VII of the
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248288 1 Illinois Constitution on the concurrent exercise by home rule
249289 2 units of powers and functions exercised by the State.
250290 3 (d) This Section shall not be construed to create a
251291 4 private right of action.
252292 5 (Source: P.A. 102-558, eff. 8-20-21; 102-678, eff. 12-10-21;
253293 6 103-200, eff. 6-30-23.)
254294 7 Section 15. The Illinois Vehicle Code is amended by
255295 8 changing Section 11-411 as follows:
256296 9 (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
257297 10 Sec. 11-411. Crash report electronic submission
258298 11 requirements forms.
259299 12 (a) The Administrator must prepare and upon request supply
260300 13 to police departments, sheriffs and other appropriate agencies
261301 14 or individuals, the requirements for electronically submitting
262302 15 forms for written crash reports as required hereunder,
263303 16 suitable with respect to the persons required to make such
264304 17 reports and the purposes to be served. The written reports
265305 18 must call for sufficiently detailed information to disclose
266306 19 with reference to a vehicle crash the cause, conditions then
267307 20 existing, and the persons and vehicles involved or any other
268308 21 data concerning such crash that may be required for a complete
269309 22 analysis of all related circumstances and events leading to
270310 23 the crash or subsequent to the occurrence.
271311 24 (b) Every crash report required to be made in writing must
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282322 1 be electronically submitted to the Administrator using an
283323 2 electronic format approved by the Administrator made on an
284324 3 approved form or in an approved electronic format provided by
285325 4 the Administrator and must contain all the information
286326 5 required therein unless that information is not available. The
287327 6 Department shall adopt any rules necessary to implement this
288328 7 subsection (b).
289329 8 (c) Should special crash studies be required by the
290330 9 Administrator, the Administrator may provide the supplemental
291331 10 forms for the special studies.
292332 11 (Source: P.A. 102-982, eff. 7-1-23.)
293-12 Section 99. Effective date. This Section and Sections 5
294-13 and 10 take effect upon becoming law; Section 15 takes effect
295-14 January 1, 2027.
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