HB2359ham001 96TH GENERAL ASSEMBLY

Transportation, Regulation, Roads & Bridges Committee

Filed: 3/10/2009

09600HB2359ham001 LRB096 11098 RLJ 23491 a

AMENDMENT TO HOUSE BILL 2359

AMENDMENT NO. ______. Amend House Bill 2359 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Sections 2705-5 and 2705-200 and by adding Sections 2705-2, 2705-176, 2705-177, 2705-201, 2705-219, 2705-220, 2705-221, 2705-222, and 2705-223 as follows:

(20 ILCS 2705/2705-2 new)

Sec. 2705-2. Purpose and scope. The purpose of this Law is to ensure that transportation investments in the State of Illinois enhance State and local economic development and the quality of life for Illinois residents. It is the intent of the General Assembly to provide greater transparency, full and careful consideration of investments on the merits, and accountability for results that will give the public confidence that tax dollars are being used effectively for transportation projects and that limited funds are allocated to achieve the best outcomes. To that end, all surface transportation capital moneys appropriated by the State, including but not limited to, appropriations from the Road Fund, the State Construction Account Fund, transportation bonds, and federal funds to the extent allowed by federal law, shall be allocated based on the State and regional transportation plans and the annual and multiyear transportation improvement programs prescribed by this Law. This Law does not apply to (i) any grant programs administered by the Department of Natural Resources, (ii) any funds administered by the Department of Commerce and Economic Opportunity that support local transportation improvements as part of an economic development project, or (iii) any moneys distributed to local government entities pursuant to item (2) of subsection (e) of Section 8 of the Motor Fuel Tax Law.

(20 ILCS 2705/2705-5)

Sec. 2705-5. Definitions. In this Law:

"Acceptable condition" means a condition determined by the Department as acceptable using a technical assessment system developed by the Department to rate the condition of roads and bridges.

"Committee" means the Illinois Transportation Policy Committee established by this Law.

"Department" means the Department of Transportation.

"District" means the 9 districts of the State of Illinois established by the Department for its administrative purposes and statutorily authorized activities.

"Downstate MPO" means an MPO whose metropolitan planning boundaries are entirely outside of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.

"MPO" means a metropolitan planning organization designated under 23 U.S.C. 134 whose metropolitan planning area boundaries are partially or completely within the State.

"Project of interregional or statewide significance" means a surface transportation project or combination of surface transportation projects that cross multiple MPO or District jurisdictional boundaries or connect major State destinations in support of the State's economy and are so designated by the Department with the advice and approval of the Committee.

"Regional programs" means the regional annual and multiyear transportation improvement programs established under this Law.

"Secretary" means the Secretary of Transportation.

"Statewide programs" means the statewide annual and multiyear transportation improvement programs established under this Law.

"Surface transportation" means roadway, bridge, public transportation, rail, trail, walkway, bicycle, and intermodal facilities.

"Surface transportation capital project" or "project" means a capital project for the maintenance, improvement, acquisition, or new construction of surface transportation facilities, including facilities or improvements ancillary to surface transportation facilities.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-176 new)

Sec. 2705-176. Transportation Policy Committee; creation; members; terms.

(a) There is created a State Transportation Policy Committee. The Committee shall perform the duties enumerated in this Law. The Committee members shall each represent the State as a whole and balance the needs of urban and rural areas of the State. The Committee shall consist of 8 voting members and 5 non-voting members, as follows:

(1) One from the City of Chicago appointed by the Chicago Metropolitan Agency for Planning Board.

(2) One from that portion of Cook County outside of the City of Chicago appointed by the Chicago Metropolitan Agency for Planning Board.

(3) One from DuPage, Kane, Kendall, Lake, McHenry, or Will County appointed by the Chicago Metropolitan Agency for Planning Board.

(4) Three appointed by the Downstate MPOs through the concurrence of at least three-fifths of the chairpersons of the Downstate MPOs.

(5) One representative of areas of the State not within a metropolitan planning area appointed by the Governor.

(6) The Secretary of the Department of Transportation or his or her designee.

(7) The Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate, or the designee of each, shall be ex officio non-voting members.

(8) The chairperson of the Illinois State Toll Highway Authority or his or her designee shall be an ex officio non-voting member.

(b) The terms of the members initially appointed to the Committee shall begin within 60 days after the effective date of this amendatory Act of the 96th General Assembly. Appointed committee members shall hold office for a term of 4 years or until successors are appointed. The terms of the initial appointed committee members shall expire as follows: the terms of the one member appointed by the Chicago Metropolitan Agency for Planning Board and the 2 members appointed by the downstate MPOs shall expire on December 31, 2010; the terms of the 2 members appointed by the Chicago Metropolitan Agency for Planning Board, the one member appointed by the downstate MPOs, and the one member appointed by the Governor from areas of the State not within a metropolitan planning area shall expire December 31, 2012. To comply with this provision, the appointing authority shall specify the term for each appointment.

(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the terms in which they occur.

(d) Each appointing authority shall give notice of its Committee appointments to each other appointing authority, to the Committee, to the Secretary of State, and to the Secretary of Transportation. Within 30 days after his or her appointment and before entering upon the duties of the office, each Committee member shall take and subscribe to the constitutional oath of office and file it with the Secretary of State.

(e) Members of the Committee shall serve without compensation, but shall be reimbursed by the Department for their travel to and from meetings and other reasonable expenses in connection with meetings if approved by the Department.

(20 ILCS 2705/2705-177 new)

Sec. 2705-177. Committee meetings; officers.

(a) The Secretary of the Department of Transportation shall convene the first meeting within 90 days after the effective date of this amendatory Act of the 96th General Assembly. At that time and annually thereafter, the Committee shall elect one of its voting members as a chairperson to preside at all meetings, and a voting member as vice-chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year.

(b) Regular meetings of the Committee shall be held at least 3 times each year. The time and place of Committee meetings shall be fixed by resolution of the Committee. The Committee shall be deemed a public body for purposes of the Open Meetings Act. The Committee shall maintain records in accordance with the provisions of the State Records Act. A majority of voting members of the Committee shall constitute a quorum. The affirmative vote of a majority of the voting members of the Committee shall be required to approve recommendations related to a State transportation plan or statewide program.

(c) The Committee shall adopt its own rules of procedure.

(d) The Department shall provide staff assistance and office space for the Committee. The Department shall prepare all plans, reports, and documents needed to enable the Committee to review and make recommendations related to the statewide plans and programs and otherwise to fulfill its responsibilities. The necessary expenses of the Committee shall be provided through the Department.

(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)

Sec. 2705-200. State transportation plan Master plan; reporting requirements.

(a) The Department, with the advice of the Committee, shall has the power to develop and maintain a continuing, comprehensive, and integrated planning process that shall develop and periodically revise a State transportation plan statewide master plan for transportation to guide program development and to foster efficient and economical transportation services in ground, air, water, and all other modes of surface transportation throughout the State. The Department shall coordinate its transportation planning activities with those of other State agencies and authorities and shall coordinate supervise and review any transportation planning performed by other Executive agencies under the direction of the Governor. The Department shall cooperate and participate with federal, regional, interstate, State, and local agencies, in accordance with Sections 5-301 and 7-301 of the Illinois Highway Code, and with interested private individuals and organizations in the coordination of plans and policies for development of the state's transportation system.

To meet the provisions of this Section, the Department, with the advice of the Committee, shall prepare, subject to the review of the Governor and General Assembly, publish and deliver to the Governor and General Assembly by June 30, 2010 and at intervals not to exceed every 5 years, January 1, 1982 and every 2 years thereafter, its State transportation master plan for surface transportation systems. Not less than 60 days prior to submission to the Governor and General Assembly, the Department shall submit the plan to the Committee. Within 30 days after submission of the plan by the Department, the Committee shall make a recommendation of approval or revision. If the Committee recommends revision of the plan, the Department shall, within 30 days, either revise the plan to address the Committee's recommendations or provide a written justification to the Committee for not revising the plan. The Committee's recommendation and any Department response thereto shall be included with the plan filed with the Governor and General Assembly. highway, waterway, aeronautic, mass transportation, and railroad systems. The plan shall identify priority subsystems or components of each system that are critical to the economic and general welfare of this State regardless of public jurisdictional responsibility or private ownership.

The State transportation plan shall set forth goals, objectives, performance measures, and criteria that will provide the basis for selecting projects for inclusion in the annual and multiyear transportation improvement programs. It shall examine policies, strategies, opportunities, and challenges, and shall not be an inventory of projects.

The State transportation plan shall set goals and objectives designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system. Goals may include maintenance of a state of good repair, lowering travel times, reducing traffic congestion, decreasing vehicle emissions, improving air quality, environmental protection, reducing household housing and transportation costs, the effective use of pricing and other demand management strategies, improved safety, economic growth, greater use of alternative transportation opportunities such as walking and biking, and other goals that advance an adequate, efficient, and coordinated transportation system.

The State transportation plan shall establish performance measures regarding the adequacy, efficiency, and coordination of transportation services and the implementation of goals and objectives. It shall include transportation policies that reflect the relationship of transportation to land use, economic development, the environment, air quality, and energy consumption; foster the efficient movement of people and goods; coordinate modes of transportation; coordinate planning among federal agencies, State agencies, transportation agencies, and local governments; and address the safety and equity of transportation services. It shall include priorities, challenges, and strategies for improvement. The State transportation plan shall, as much as practicable, incorporate the adopted regional transportation plans prepared pursuant to Section 2705-201.

The State transportation plan shall include policies to ensure that the percentage of State-jurisdiction mileage and bridges in acceptable condition is comparable throughout the State and that the percentage of State-jurisdiction miles and bridges in acceptable condition in each of the Department's highway districts, as those districts were organized on January 1, 2009, is no more than 5 percentage points below the statewide average percentage in acceptable condition.

The State transportation plan shall include criteria by which proposals for capital improvements may be evaluated and prioritized for inclusion in the statewide programs. The criteria shall be designed to advance the goals and objectives established in the State transportation plan. The criteria shall include but not be limited to the following categories:

(1) objective transportation criteria such as system maintenance, efficiency, safety, and intermodal connectivity;

(2) economic development criteria such as job creation and retention, inclusion of transit oriented development, and cost effectiveness;

(3) environmental criteria such as reduced emissions;

(4) population affected by the project; and

(5) financial criteria such as life-cycle cost, return on investment, effect on household housing and transportation costs, and effective leveraging of private capital.

The State transportation plan shall include a description of the measurement system and process developed by the Department to prioritize proposals for inclusion in the statewide program pursuant to subsection (c) of Section 2705-220.

The master plan shall provide particular emphasis and detail of at least the 5-year period in the immediate future.

Annual and 5-year, or longer, project programs for each State system in this Section shall be published and furnished the General Assembly on the first Wednesday in April of each year.

Identified needs included in the project programs shall be listed and mapped in a distinctive fashion to clearly identify the priority status of the projects: (1) projects to be committed for execution; (2) tentative projects that are dependent upon funding or other constraints; and (3) needed projects that are not programmed due to lack of funding or other constraints.

All projects shall be related to the priority systems of the master plan, and the priority criteria identified. Cost and estimated completion dates shall be included for work required to complete a useable segment or component beyond the period of the program.

(b) The Department shall publish and deliver to the Governor and General Assembly by June 30, 2012 and at intervals not to exceed every 5 years a master plan and 5-year program for aeronautics. on the first Wednesday in April of each year a 5-year, or longer, Highway Improvement Program reporting the number of fiscal years each project has been on previous plans submitted by the Department.

(c) (Blank). The Department shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each listed project.

(Source: P.A. 94-91, eff. 7-1-05.)

(20 ILCS 2705/2705-201 new)

Sec. 2705-201. Regional transportation plans. At intervals not to exceed every 5 years, each MPO shall develop a regional transportation plan. The process established by each MPO for the development of the regional transportation plan and any modifications to it shall provide reasonable opportunities for the involvement of residents, units of local government, business and labor organizations, environmental organizations, transportation and planning agencies, State agencies, private and civic organizations, public and private providers of transportation, and land preservation agencies.

The regional transportation plan shall include, but shall not be limited to:

(1) Regional goals, objectives, and policies. The regional transportation plan shall demonstrate how the goals, objectives, and policies relate to those within the State transportation plan.

(2) A plan for a coordinated and integrated surface transportation system for the region consisting of a multimodal network of facilities and services to be developed over a 20-year period to support efficient movement of people and goods. The transportation system plan shall include statements of minimum levels of service that describe the performance for each mode in order to meet the goals and policies of the plan.

(3) Performance standards and measurements regarding the adequacy, efficiency, and coordination of transportation services and the implementation of goals and objectives.

(4) Criteria by which proposals for capital improvements will be evaluated for inclusion in the regional programs. Each MPO may adopt the criteria listed in the State transportation plan or may propose alternative criteria. Alternative criteria shall be submitted to the Department and Committee for review and comment. The criteria shall be designed to advance the goals and objectives established in the regional transportation plan.

(5) A description of the measurement system and process the MPO will use to prioritize proposals for inclusion in the regional programs.

The regional transportation plan shall be submitted to the Department upon completion for incorporation, as much as practicable, in the State transportation plan.

(20 ILCS 2705/2705-219 new)

Sec. 2705-219. Funding estimates, allocation, and recommendations.

(a) Annual funding estimates. The Department, subject to the advice and recommendations of the Committee, shall annually establish a 5-year estimate of all federal and State funds reasonably expected to be available for surface transportation capital programs during each of the following 5 fiscal years.

(b) Funding allocation. The Department shall allocate the State and federal funds estimated to be available for surface transportation capital programs in accordance with the annual and multiyear improvement programs prescribed by this Law, as follows:

(1) Any State and federal funds designated by law for specific surface transportation purposes or specific geographic areas shall be allocated in accordance with law for those specific purposes or areas.

(2) All remaining monies shall be allocated to MPOs and the non-MPO areas of IDOT districts based on criteria in the State transportation plan.

(i) Individual MPO share shortfalls and surpluses at the end of each year, if any, shall be carried forward and credited or debited to the following year. The Department shall maintain a long-term balance of such shortfalls and surpluses.

(ii) An MPO may request to reserve all or part of its share for a higher cost project or request to advance an amount of the share, in an amount not to exceed 200% of its current share, for a larger project, to be deducted from shares for future programming years.

(iii) An MPO or District may pool resources with other MPOs or Districts.

(3) The Department, with the advice and recommendation of the Committee, shall for each 5-year program set percentage allocations for each of the criteria in the State Transportation Plan. Funding allocations to MPOs and the non-MPO areas of IDOT districts shall be based upon their percentage share of need as defined by the criteria.

(c) Not less often than once every 2 years, the Committee shall review and evaluate the funding allocations and make recommendations for changes to the Department, General Assembly, and the Governor.

(d) The Committee shall evaluate available transportation funding sources and make recommendations to the Department, General Assembly, and the Governor regarding the raising of adequate and sustainable revenues for transportation.

(20 ILCS 2705/2705-220 new)

Sec. 2705-220. Annual and multiyear transportation improvement programs.

(a) Preparation guidelines. The Department, with the advice of the Committee, shall develop guidelines for preparation of the regional and statewide programs. The Department shall submit the guidelines to the Committee for a recommendation of approval or revision.

(b) Regional annual and multiyear transportation improvement programs. After consultation with the Department, each MPO shall prepare and adopt an annual and 5-year schedule of all regional transportation improvement projects and their anticipated costs. These schedules shall be known as the regional annual and multiyear transportation improvement programs. The regional programs shall be submitted to the Department and the Committee no later than January 15, 2011 and January 15 of every year thereafter.

(1) The regional programs shall include projects and programs within the MPO's jurisdiction proposed to be funded, in whole or in part, by State or federal funds.

(2) Counties, municipalities, mass transit districts, other local governments, the Department, and members of the General Assembly may nominate or recommend the inclusion of projects in the regional programs. The MPOs shall have authority for determining whether any of the project nominations or recommendations are accepted and included in the regional programs adopted and submitted to the Department and Committee pursuant to this Section. This authority extends only to a project located within the MPO's jurisdiction.

(3) Projects included in the regional programs shall be consistent with the adopted regional transportation plan. The regional programs shall demonstrate how projects are consistent with the adopted regional and State transportation plans.

(4) Projects shall be prioritized for inclusion in the programs using a measurement system and the criteria established by the regional transportation plan.

(5) The Department shall provide assistance to MPOs in preparing the regional programs, at the request of the MPO.

(c) Statewide annual and multiyear transportation improvement programs. After consultation with MPOs, the Department shall submit to the Committee for review no later than March 1, 2011 and every year thereafter on March 1, and shall publish and submit to the Governor and General Assembly no later than April 7, 2011 and the first Wednesday of April of every year thereafter, an annual and 5-year schedule of all surface transportation improvement projects and their anticipated costs. These schedules are designated the statewide annual and multiyear transportation improvement programs. The Department shall be responsible for the planning and programming of all areas of the State outside the jurisdiction of an MPO and for projects of interregional or statewide significance.

(1) The statewide programs shall include projects and programs proposed to be funded, in whole or in part, by State or federal funds and shall consist of the following:

(A) For regions of the State under the jurisdiction of an MPO, the schedule shall be limited to projects that are listed in the regional programs. The Department shall incorporate each regional program prepared by MPOs into the recommended statewide program.

(B) For regions of the State outside the jurisdiction of an MPO, the Department shall choose projects for inclusion. The Department, counties, municipalities, mass transit districts, other local governments, MPOs, and members of the General Assembly may nominate or recommend projects for the statewide programs. The Department shall incorporate each regional program prepared by MPOs into the recommended statewide programs.

(C) The Department shall choose projects of interregional or statewide significance for inclusion. The Department, counties, municipalities, mass transit districts, other local governments, MPOs, and members of the General Assembly may nominate or recommend projects of interregional or statewide significance for the statewide programs.

(2) Projects outside the jurisdiction of an MPO and projects of interregional or statewide significance shall be consistent with the adopted State transportation plan. The Department shall demonstrate how such projects are consistent with the adopted State transportation plan.

(3) Projects outside the jurisdiction of an MPO and projects of interregional or statewide significance shall be recommended for inclusion in the statewide programs considering a measurement system and the criteria established by the State transportation plan.

(4) The statewide programs shall ensure that the percentage of State-jurisdiction mileage and bridges in acceptable condition is comparable throughout the State and that the percentage of State-jurisdiction miles and bridges in acceptable condition in each of the Department's highway districts, as those districts were organized on January 1, 2009, is no more than 5 percentage points below the statewide average percentage in acceptable condition. The programs shall include the following information statewide and for each district:

(A) For roads and bridges under State jurisdiction, the current percentage of miles and bridges in acceptable condition.

(B) For roads and bridges under State jurisdiction, the projected percentage of miles and bridges in acceptable condition at the end of the Programs.

(5) No later than April 7, 2011 and the first Wednesday of April of every year thereafter, the Committee shall, by resolution, either (i) determine that the statewide programs are consistent with the adopted State transportation plan; or (ii) determine that all or any portions of the statewide programs are not consistent with the adopted State transportation plan, including within the resolution an explanation for any such determination. Individual Committee members may prepare a written statement indicating their disagreement with the resolution adopted by the Committee. The Committee's resolution and any written statements prepared by individual members shall be published and delivered to the General Assembly and the Governor with the statewide programs.

(6) Within 30 days after the adoption of the Committee's resolution pursuant to paragraph (5), a MPO may amend its regional program included within the statewide programs for the sole purpose of addressing a Committee determination that the program is not consistent with the adopted State transportation plan. Within 30 days after the adoption of the Committee's resolution pursuant to paragraph (5), the Department may amend any portion of a statewide program prepared by the Department for the sole purpose of addressing a Committee determination that such portion of a program is not consistent with the adopted State transportation plan. Any amendments shall be published and delivered to the Committee, General Assembly, and Governor.

(d) Fiscal year 2011 statewide program. After consultation with the MPOs, the Department shall prepare by no later than March 1, 2010 an annual program of surface transportation capital projects and their anticipated costs proposed for funding in whole or in part from appropriations made by the State in fiscal year 2011. The fiscal year 2011 statewide program required by this subsection shall, so much as is practicable, comply with the objectives of this Law. The Committee shall review and provide comments on the fiscal year 2011 statewide program by no later than April 7, 2010.

(20 ILCS 2705/2705-221 new)

Sec. 2705-221. Inclusion in transportation improvement program. The transportation improvement program the Department must develop pursuant to 23 U.S.C. 135 may only include projects that have been prioritized for inclusion in a regional or statewide program by an MPO or the Department pursuant to this Law. It is not the intent of this Section to interfere with administrative changes to the Transportation Improvement Program, but only to ensure that all included projects undergo the process prescribed by this Law.

(20 ILCS 2705/2705-222 new)

Sec. 2705-222. Public involvement and accountability.

(a) The Department and the Committee shall provide timely and clear information and accountability to the public and shall engage the public when making State transportation decisions and recommendations. The Department shall elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impact of transportation programs. All documents listed in this Law shall be made publicly available for distribution in print and on the Department's website.

(b) The Department and the Committee shall provide the opportunity for public comment throughout the State prior to the completion of the statewide transportation plan and the statewide programs. Public comment may be solicited through hearings, focus groups, surveys, and feedback on draft plans and programs.

(c) The Department, in consultation with the Committee, shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report on all modes of transportation that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District and MPO.

(2) The award cost and the beginning dates of each listed project.

(3) A summary of the Department's prior-year decisions in allocating transportation capital outlay appropriations and identifying timely and relevant transportation issues facing the State of Illinois.

(4) Statewide and for each district and MPO, a description of any project receiving an appropriation from the General Assembly that was not included in the statewide program.

(5) An explanation and summary of major policies and decisions adopted by the Department and the recommendation of the Committee during the previously completed State and federal fiscal year, with an explanation of any changes in policy associated with the performance of the Department's duties and responsibilities over the past year.

(6) A review of the progress made in achieving the State transportation goals.

(7) Statewide and for each district and MPO, the total of program accomplishments in dollars, number of miles, number of bridges, and number of transit projects.

(8) Statewide and for each district and MPO, the current percentage of miles and bridges in acceptable condition for roads and bridges under State jurisdiction.

(9) A description of remedial actions that will be taken in the next statewide transportation improvement program for raising the percentage of roads or bridges, or both, that are in acceptable condition for any district whose percentage is more than 5 percentage points below the statewide average.

(20 ILCS 2705/2705-223 new)

Sec. 2705-223. Evaluation.

(a) The Committee shall evaluate the effectiveness of the processes and procedures established by this Law to ensure that they contribute to a well-coordinated and cost-effective transportation system. The Committee shall recommend changes as needed to the General Assembly and the Governor.

(b) Following publication of the For the Record report required by this Law, the Commission on Government Forecasting and Accountability shall review the documents and certify to the Governor, Senate President, and Speaker of the House whether the requirement is being met that the percentage of State-jurisdiction miles and bridges in acceptable condition in each of the Districts be no lower than 5 percentage points below the statewide average percentage in acceptable condition.

(c) Every 2 years, the Auditor General shall review the performance of the Department to assure the Department is meeting the requirements of this Law.

Section 99. Effective date. This Act takes effect upon becoming law.".