Full Text of HB2359 96th General Assembly
HB2359ham001 96TH GENERAL ASSEMBLY
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Transportation, Regulation, Roads & Bridges Committee
Filed: 3/10/2009
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| AMENDMENT TO HOUSE BILL 2359
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| AMENDMENT NO. ______. Amend House Bill 2359 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 6 |
| Sections 2705-5 and 2705-200 and by adding Sections 2705-2, | 7 |
| 2705-176, 2705-177, 2705-201, 2705-219, 2705-220, 2705-221, | 8 |
| 2705-222, and 2705-223 as follows: | 9 |
| (20 ILCS 2705/2705-2 new) | 10 |
| Sec. 2705-2. Purpose and scope. The purpose of this Law is | 11 |
| to ensure that transportation investments in the State of | 12 |
| Illinois enhance State and local economic development and the | 13 |
| quality of life for Illinois residents. It is the intent of the | 14 |
| General Assembly to provide greater transparency, full and | 15 |
| careful consideration of investments on the merits, and | 16 |
| accountability for results that will give the public confidence |
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| that tax dollars are being used effectively for transportation | 2 |
| projects and that limited funds are allocated to achieve the | 3 |
| best outcomes. To that end, all surface transportation capital | 4 |
| moneys appropriated by the State, including but not limited to, | 5 |
| appropriations from the Road Fund, the State Construction | 6 |
| Account Fund, transportation bonds, and federal funds to the | 7 |
| extent allowed by federal law, shall be allocated based on the | 8 |
| State and regional transportation plans and the annual and | 9 |
| multiyear transportation improvement programs prescribed by | 10 |
| this Law. This Law does not apply to (i) any grant programs | 11 |
| administered by the Department of Natural Resources, (ii) any | 12 |
| funds administered by the Department of Commerce and Economic | 13 |
| Opportunity that support local transportation improvements as | 14 |
| part of an economic development project, or (iii) any moneys | 15 |
| distributed to local government entities pursuant to item (2) | 16 |
| of subsection (e) of Section 8 of the Motor Fuel Tax Law.
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| (20 ILCS 2705/2705-5)
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| Sec. 2705-5. Definitions. In this Law:
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| "Acceptable condition" means a condition determined by the | 20 |
| Department as acceptable using a technical assessment system | 21 |
| developed by the Department to rate the condition of roads and | 22 |
| bridges. | 23 |
| "Committee" means the Illinois Transportation Policy | 24 |
| Committee established by this Law. | 25 |
| "Department" means the Department of Transportation.
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| "District" means the 9 districts of the State of Illinois | 2 |
| established by the Department for its administrative purposes | 3 |
| and statutorily authorized activities. | 4 |
| "Downstate MPO" means an MPO whose metropolitan planning | 5 |
| boundaries are entirely outside of Cook, DuPage, Kane, Kendall, | 6 |
| Lake, McHenry, and Will Counties. | 7 |
| "MPO" means a metropolitan planning organization | 8 |
| designated under 23 U.S.C. 134 whose metropolitan planning area | 9 |
| boundaries are partially or completely within the State. | 10 |
| "Project of interregional or statewide significance" means | 11 |
| a surface transportation project or combination of surface | 12 |
| transportation projects that cross multiple MPO or District | 13 |
| jurisdictional boundaries or connect major State destinations | 14 |
| in support of the State's economy and are so designated by the | 15 |
| Department with the advice and approval of the Committee. | 16 |
| "Regional programs" means the regional annual and | 17 |
| multiyear transportation improvement programs established | 18 |
| under this Law. | 19 |
| "Secretary" means the Secretary of Transportation.
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| "Statewide programs" means the statewide annual and | 21 |
| multiyear transportation improvement programs established | 22 |
| under this Law. | 23 |
| "Surface transportation" means roadway, bridge, public | 24 |
| transportation, rail, trail, walkway, bicycle, and intermodal | 25 |
| facilities. | 26 |
| "Surface transportation capital project" or "project" |
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| means a capital project for the maintenance, improvement, | 2 |
| acquisition, or new construction of surface transportation | 3 |
| facilities, including facilities or improvements ancillary to | 4 |
| surface transportation facilities. | 5 |
| (Source: P.A. 91-239, eff. 1-1-00.)
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| (20 ILCS 2705/2705-176 new) | 7 |
| Sec. 2705-176. Transportation Policy Committee; creation; | 8 |
| members; terms. | 9 |
| (a) There is created a State Transportation Policy | 10 |
| Committee. The Committee shall perform the duties enumerated in | 11 |
| this Law. The Committee members shall each represent the State | 12 |
| as a whole and balance the needs of urban and rural areas of | 13 |
| the State. The Committee shall consist of 8 voting members and | 14 |
| 5 non-voting members, as follows: | 15 |
| (1) One from the City of Chicago appointed by the | 16 |
| Chicago Metropolitan Agency for Planning Board. | 17 |
| (2) One from that portion of Cook County outside of the | 18 |
| City of Chicago appointed by the Chicago Metropolitan | 19 |
| Agency for Planning Board. | 20 |
| (3) One from DuPage, Kane, Kendall, Lake, McHenry, or | 21 |
| Will County appointed by the Chicago Metropolitan Agency | 22 |
| for Planning Board. | 23 |
| (4) Three appointed by the Downstate MPOs through the | 24 |
| concurrence of at least three-fifths of the chairpersons of | 25 |
| the Downstate MPOs. |
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| (5) One representative of areas of the State not within | 2 |
| a metropolitan planning area appointed by the Governor. | 3 |
| (6) The Secretary of the Department of Transportation | 4 |
| or his or her designee. | 5 |
| (7) The Speaker and Minority Leader of the House of | 6 |
| Representatives and the President and Minority Leader of | 7 |
| the Senate, or the designee of each, shall be ex officio | 8 |
| non-voting members. | 9 |
| (8) The chairperson of the Illinois State Toll Highway | 10 |
| Authority or his or her designee shall be an ex officio | 11 |
| non-voting member. | 12 |
| (b) The terms of the members initially appointed to the | 13 |
| Committee shall begin within 60 days after the effective date | 14 |
| of this amendatory Act of the 96th General Assembly. Appointed | 15 |
| committee members shall hold office for a term of 4 years or | 16 |
| until successors are appointed. The terms of the initial | 17 |
| appointed committee members shall expire as follows: the terms | 18 |
| of the one member appointed by the Chicago Metropolitan Agency | 19 |
| for Planning Board and the 2 members appointed by the downstate | 20 |
| MPOs shall expire on December 31, 2010; the terms of the 2 | 21 |
| members appointed by the Chicago Metropolitan Agency for | 22 |
| Planning Board, the one member appointed by the downstate MPOs, | 23 |
| and the one member appointed by the Governor from areas of the | 24 |
| State not within a metropolitan planning area shall expire | 25 |
| December 31, 2012. To comply with this provision, the | 26 |
| appointing authority shall specify the term for each |
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| appointment. | 2 |
| (c) Vacancies shall be filled by the appointing authority | 3 |
| for the unexpired portion of the terms in which they occur. | 4 |
| (d) Each appointing authority shall give notice of its | 5 |
| Committee appointments to each other appointing authority, to | 6 |
| the Committee, to the Secretary of State, and to the Secretary | 7 |
| of Transportation. Within 30 days after his or her appointment | 8 |
| and before entering upon the duties of the office, each | 9 |
| Committee member shall take and subscribe to the constitutional | 10 |
| oath of office and file it with the Secretary of State. | 11 |
| (e) Members of the Committee shall serve without | 12 |
| compensation, but shall be reimbursed by the Department for | 13 |
| their travel to and from meetings and other reasonable expenses | 14 |
| in connection with meetings if approved by the Department. | 15 |
| (20 ILCS 2705/2705-177 new) | 16 |
| Sec. 2705-177. Committee meetings; officers. | 17 |
| (a) The Secretary of the Department of Transportation shall | 18 |
| convene the first meeting within 90 days after the effective | 19 |
| date of this amendatory Act of the 96th General Assembly. At | 20 |
| that time and annually thereafter, the Committee shall elect | 21 |
| one of its voting members as a chairperson to preside at all | 22 |
| meetings, and a voting member as vice-chairperson to preside in | 23 |
| the absence of the chairperson. The chairperson shall serve a | 24 |
| term of one year. | 25 |
| (b) Regular meetings of the Committee shall be held at |
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| least 3 times each year. The time and place of Committee | 2 |
| meetings shall be fixed by resolution of the Committee. The | 3 |
| Committee shall be deemed a public body for purposes of the | 4 |
| Open Meetings Act. The Committee shall maintain records in | 5 |
| accordance with the provisions of the State Records Act. A | 6 |
| majority of voting members of the Committee shall constitute a | 7 |
| quorum. The affirmative vote of a majority of the voting | 8 |
| members of the Committee shall be required to approve | 9 |
| recommendations related to a State transportation plan or | 10 |
| statewide program. | 11 |
| (c) The Committee shall adopt its own rules of procedure. | 12 |
| (d) The Department shall provide staff assistance and | 13 |
| office space for the Committee. The Department shall prepare | 14 |
| all plans, reports, and documents needed to enable the | 15 |
| Committee to review and make recommendations related to the | 16 |
| statewide plans and programs and otherwise to fulfill its | 17 |
| responsibilities. The necessary expenses of the Committee | 18 |
| shall be provided through the Department.
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| (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
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| Sec. 2705-200. State transportation plan Master plan; | 21 |
| reporting requirements .
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| (a) The Department , with the advice of the Committee, shall | 23 |
| has the power to develop and maintain a continuing,
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| comprehensive, and integrated planning process that shall | 25 |
| develop and
periodically revise a State transportation plan |
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| statewide master plan for transportation to guide program
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| development and to foster efficient and economical | 3 |
| transportation services in
ground, air, water, and
all other | 4 |
| modes of surface transportation throughout the State. The | 5 |
| Department
shall coordinate its transportation planning | 6 |
| activities with those of other
State agencies and authorities | 7 |
| and shall coordinate supervise and review any
transportation | 8 |
| planning performed by other Executive agencies under the
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| direction of the Governor. The Department shall cooperate and | 10 |
| participate
with federal, regional, interstate, State, and | 11 |
| local agencies, in accordance
with Sections 5-301 and 7-301 of | 12 |
| the Illinois Highway Code, and with
interested private | 13 |
| individuals and organizations in the coordination of
plans and | 14 |
| policies for development of the state's transportation system.
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| To meet the provisions of this Section, the Department , | 16 |
| with the advice of the Committee, shall prepare, subject to the | 17 |
| review of the Governor and General Assembly, publish and
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| deliver to the Governor and General Assembly by June 30, 2010 | 19 |
| and at intervals not to exceed every 5 years, January 1, 1982 | 20 |
| and every 2
years thereafter, its State transportation master | 21 |
| plan for surface transportation systems. Not less than 60 days | 22 |
| prior to submission to the Governor and General Assembly, the | 23 |
| Department shall submit the plan to the Committee. Within 30 | 24 |
| days after submission of the plan by the Department, the | 25 |
| Committee shall make a recommendation of approval or revision. | 26 |
| If the Committee recommends revision of the plan, the |
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| Department shall, within 30 days, either revise the plan to | 2 |
| address the Committee's recommendations or provide a written | 3 |
| justification to the Committee for not revising the plan. The | 4 |
| Committee's recommendation and any Department response thereto | 5 |
| shall be included with the plan filed with the Governor and | 6 |
| General Assembly. highway, waterway, aeronautic, mass
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| transportation, and railroad systems . The plan shall identify | 8 |
| priority
subsystems or components of each system that are | 9 |
| critical to the economic and
general welfare of this State | 10 |
| regardless of public jurisdictional
responsibility or private | 11 |
| ownership.
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| The State transportation plan shall set forth goals, | 13 |
| objectives, performance measures, and criteria that will | 14 |
| provide the basis for selecting projects for inclusion in the | 15 |
| annual and multiyear transportation improvement programs. It | 16 |
| shall examine policies, strategies, opportunities, and | 17 |
| challenges, and shall not be an inventory of projects. | 18 |
| The State transportation plan shall set goals and | 19 |
| objectives designed to assure the development and maintenance | 20 |
| of a comprehensive and balanced statewide transportation | 21 |
| system. Goals may include maintenance of a state of good | 22 |
| repair, lowering travel times, reducing traffic congestion, | 23 |
| decreasing vehicle emissions, improving air quality, | 24 |
| environmental protection, reducing household housing and | 25 |
| transportation costs, the effective use of pricing and other | 26 |
| demand management strategies, improved safety, economic |
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| growth, greater use of alternative transportation | 2 |
| opportunities such as walking and biking, and other goals that | 3 |
| advance an adequate, efficient, and coordinated transportation | 4 |
| system. | 5 |
| The State transportation plan shall establish performance | 6 |
| measures regarding the adequacy, efficiency, and coordination | 7 |
| of transportation services and the implementation of goals and | 8 |
| objectives. It shall include transportation policies that | 9 |
| reflect the relationship of transportation to land use, | 10 |
| economic development, the environment, air quality, and energy | 11 |
| consumption; foster the efficient movement of people and goods; | 12 |
| coordinate modes of transportation; coordinate planning among | 13 |
| federal agencies, State agencies, transportation agencies, and | 14 |
| local governments; and address the safety and equity of | 15 |
| transportation services. It shall include priorities, | 16 |
| challenges, and strategies for improvement. The State | 17 |
| transportation plan shall, as much as practicable, incorporate | 18 |
| the adopted regional transportation plans prepared pursuant to | 19 |
| Section 2705-201. | 20 |
| The State transportation plan shall include policies to | 21 |
| ensure that the percentage of State-jurisdiction mileage and | 22 |
| bridges in acceptable condition is comparable throughout the | 23 |
| State and that the percentage of State-jurisdiction miles and | 24 |
| bridges in acceptable condition in each of the Department's | 25 |
| highway districts, as those districts were organized on January | 26 |
| 1, 2009, is no more than 5 percentage points below the |
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| statewide average percentage in acceptable condition. | 2 |
| The State transportation plan shall include criteria by | 3 |
| which proposals for capital improvements may be evaluated and | 4 |
| prioritized for inclusion in the statewide programs. The | 5 |
| criteria shall be designed to advance the goals and objectives | 6 |
| established in the State transportation plan. The criteria | 7 |
| shall include but not be limited to the following categories: | 8 |
| (1) objective transportation criteria such as system | 9 |
| maintenance, efficiency, safety, and intermodal | 10 |
| connectivity; | 11 |
| (2) economic development criteria such as job creation | 12 |
| and retention, inclusion of transit oriented development, | 13 |
| and cost effectiveness; | 14 |
| (3) environmental criteria such as reduced emissions; | 15 |
| (4) population affected by the project; and | 16 |
| (5) financial criteria such as life-cycle cost, return | 17 |
| on investment, effect on household housing and | 18 |
| transportation costs, and effective leveraging of private | 19 |
| capital. | 20 |
| The State transportation plan shall include a description | 21 |
| of the measurement system and process developed by the | 22 |
| Department to prioritize proposals for inclusion in the | 23 |
| statewide program pursuant to subsection (c) of Section | 24 |
| 2705-220. | 25 |
| The master plan shall provide particular emphasis and | 26 |
| detail of at least the 5-year
period in the immediate future.
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| Annual and 5-year, or longer, project programs for each | 2 |
| State system in this Section
shall be published and furnished | 3 |
| the General Assembly on the first Wednesday
in April of each | 4 |
| year.
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| Identified needs included in the project programs shall be | 6 |
| listed and
mapped in a distinctive fashion to clearly identify | 7 |
| the priority status
of the projects: (1) projects to be | 8 |
| committed for execution; (2) tentative
projects that are | 9 |
| dependent upon funding or other constraints; and (3) needed
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| projects that are not programmed due to lack of funding or | 11 |
| other constraints.
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| All projects shall be related to the priority systems of | 13 |
| the master plan,
and the priority criteria identified. Cost and | 14 |
| estimated completion dates
shall be included for work required | 15 |
| to complete a useable segment or component
beyond the
period of | 16 |
| the program.
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| (b) The Department shall publish and deliver to the | 18 |
| Governor and General
Assembly by June 30, 2012 and at intervals | 19 |
| not to exceed every 5 years a master plan and 5-year program | 20 |
| for aeronautics. on the first Wednesday in April of each year a | 21 |
| 5-year, or longer, Highway
Improvement Program reporting
the | 22 |
| number of fiscal years each project has been on previous
plans | 23 |
| submitted by the Department.
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| (c) (Blank). The Department shall publish and deliver to | 25 |
| the Governor and the General
Assembly by November 1 of each | 26 |
| year a For the Record report that shall include
the following:
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| (1) All the projects accomplished in the previous | 2 |
| fiscal year
listed by each Illinois Department of | 3 |
| Transportation District.
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| (2) The award cost and the beginning
dates of each | 5 |
| listed project.
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| (Source: P.A. 94-91, eff. 7-1-05.)
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| (20 ILCS 2705/2705-201 new) | 8 |
| Sec. 2705-201. Regional transportation plans. At intervals | 9 |
| not to exceed every 5 years, each MPO shall develop a regional | 10 |
| transportation plan. The process established by each MPO for | 11 |
| the development of the regional transportation plan and any | 12 |
| modifications to it shall provide reasonable opportunities for | 13 |
| the involvement of residents, units of local government, | 14 |
| business and labor organizations, environmental organizations, | 15 |
| transportation and planning agencies, State agencies, private | 16 |
| and civic organizations, public and private providers of | 17 |
| transportation, and land preservation agencies. | 18 |
| The regional transportation plan shall include, but shall | 19 |
| not be limited to: | 20 |
| (1) Regional goals, objectives, and policies. The | 21 |
| regional transportation plan shall demonstrate how the | 22 |
| goals, objectives, and policies relate to those within the | 23 |
| State transportation plan. | 24 |
| (2) A plan for a coordinated and integrated surface | 25 |
| transportation system for the region consisting of a |
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| multimodal network of facilities and services to be | 2 |
| developed over a 20-year period to support efficient | 3 |
| movement of people and goods. The transportation system | 4 |
| plan shall include statements of minimum levels of service | 5 |
| that describe the performance for each mode in order to | 6 |
| meet the goals and policies of the plan. | 7 |
| (3) Performance standards and measurements regarding | 8 |
| the adequacy, efficiency, and coordination of | 9 |
| transportation services and the implementation of goals | 10 |
| and objectives. | 11 |
| (4) Criteria by which proposals for capital | 12 |
| improvements will be evaluated for inclusion in the | 13 |
| regional programs. Each MPO may adopt the criteria listed | 14 |
| in the State transportation plan or may propose alternative | 15 |
| criteria. Alternative criteria shall be submitted to the | 16 |
| Department and Committee for review and comment. The | 17 |
| criteria shall be designed to advance the goals and | 18 |
| objectives established in the regional transportation | 19 |
| plan. | 20 |
| (5) A description of the measurement system and process | 21 |
| the MPO will use to prioritize proposals for inclusion in | 22 |
| the regional programs. | 23 |
| The regional transportation plan shall be submitted to the | 24 |
| Department upon completion for incorporation, as much as | 25 |
| practicable, in the State transportation plan. |
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| (20 ILCS 2705/2705-219 new) | 2 |
| Sec. 2705-219. Funding estimates, allocation, and | 3 |
| recommendations. | 4 |
| (a) Annual funding estimates. The Department, subject to | 5 |
| the advice and recommendations of the Committee, shall annually | 6 |
| establish a 5-year estimate of all federal and State funds | 7 |
| reasonably expected to be available for surface transportation | 8 |
| capital programs during each of the following 5 fiscal years. | 9 |
| (b) Funding allocation. The Department shall allocate the | 10 |
| State and federal funds estimated to be available for surface | 11 |
| transportation capital programs in accordance with the annual | 12 |
| and multiyear improvement programs prescribed by this Law, as | 13 |
| follows: | 14 |
| (1) Any State and federal funds designated by law for | 15 |
| specific surface transportation purposes or specific | 16 |
| geographic areas shall be allocated in accordance with law | 17 |
| for those specific purposes or areas. | 18 |
| (2) All remaining monies shall be allocated to MPOs and | 19 |
| the non-MPO areas of IDOT districts based on criteria in | 20 |
| the State transportation plan. | 21 |
| (i) Individual MPO share shortfalls and surpluses | 22 |
| at the end of each year, if any, shall be carried | 23 |
| forward and credited or debited to the following year. | 24 |
| The Department shall maintain a long-term balance of | 25 |
| such shortfalls and surpluses. | 26 |
| (ii) An MPO may request to reserve all or part of |
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| its share for a higher cost project or request to | 2 |
| advance an amount of the share, in an amount not to | 3 |
| exceed 200% of its current share, for a larger project, | 4 |
| to be deducted from shares for future programming | 5 |
| years. | 6 |
| (iii) An MPO or District may pool resources with | 7 |
| other MPOs or Districts. | 8 |
| (3) The Department, with the advice and recommendation | 9 |
| of the Committee, shall for each 5-year program set | 10 |
| percentage allocations for each of the criteria in the | 11 |
| State Transportation Plan. Funding allocations to MPOs and | 12 |
| the non-MPO areas of IDOT districts shall be based upon | 13 |
| their percentage share of need as defined by the criteria. | 14 |
| (c) Not less often than once every 2 years, the Committee | 15 |
| shall review and evaluate the funding allocations and make | 16 |
| recommendations for changes to the Department, General | 17 |
| Assembly, and the Governor. | 18 |
| (d) The Committee shall evaluate available transportation | 19 |
| funding sources and make recommendations to the Department, | 20 |
| General Assembly, and the Governor regarding the raising of | 21 |
| adequate and sustainable revenues for transportation. | 22 |
| (20 ILCS 2705/2705-220 new) | 23 |
| Sec. 2705-220. Annual and multiyear transportation | 24 |
| improvement programs. | 25 |
| (a) Preparation guidelines. The Department, with the |
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| advice of the Committee, shall develop guidelines for | 2 |
| preparation of the regional and statewide programs. The | 3 |
| Department shall submit the guidelines to the Committee for a | 4 |
| recommendation of approval or revision. | 5 |
| (b) Regional annual and multiyear transportation | 6 |
| improvement programs. After consultation with the Department, | 7 |
| each MPO shall prepare and adopt an annual and 5-year schedule | 8 |
| of all regional transportation improvement projects and their | 9 |
| anticipated costs. These schedules shall be known as the | 10 |
| regional annual and multiyear transportation improvement | 11 |
| programs. The regional programs shall be submitted to the | 12 |
| Department and the Committee no later than January 15, 2011 and | 13 |
| January 15 of every year thereafter. | 14 |
| (1) The regional programs shall include projects and | 15 |
| programs within the MPO's jurisdiction proposed to be | 16 |
| funded, in whole or in part, by State or federal funds. | 17 |
| (2) Counties, municipalities, mass transit districts, | 18 |
| other local governments, the Department, and members of the | 19 |
| General Assembly may nominate or recommend the inclusion of | 20 |
| projects in the regional programs. The MPOs shall have | 21 |
| authority for determining whether any of the project | 22 |
| nominations or recommendations are accepted and included | 23 |
| in the regional programs adopted and submitted to the | 24 |
| Department and Committee pursuant to this Section. This | 25 |
| authority extends only to a project located within the | 26 |
| MPO's jurisdiction. |
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| (3) Projects included in the regional programs shall be | 2 |
| consistent with the adopted regional transportation plan. | 3 |
| The regional programs shall demonstrate how projects are | 4 |
| consistent with the adopted regional and State | 5 |
| transportation plans. | 6 |
| (4) Projects shall be prioritized for inclusion in the | 7 |
| programs using a measurement system and the criteria | 8 |
| established by the regional transportation plan. | 9 |
| (5) The Department shall provide assistance to MPOs in | 10 |
| preparing the regional programs, at the request of the MPO. | 11 |
| (c) Statewide annual and multiyear transportation | 12 |
| improvement programs. After consultation with MPOs, the | 13 |
| Department shall submit to the Committee for review no later | 14 |
| than March 1, 2011 and every year thereafter on March 1, and | 15 |
| shall publish and submit to the Governor and General Assembly | 16 |
| no later than April 7, 2011 and the first Wednesday of April of | 17 |
| every year thereafter, an annual and 5-year schedule of all | 18 |
| surface transportation improvement projects and their | 19 |
| anticipated costs. These schedules are designated the | 20 |
| statewide annual and multiyear transportation improvement | 21 |
| programs. The Department shall be responsible for the planning | 22 |
| and programming of all areas of the State outside the | 23 |
| jurisdiction of an MPO and for projects of interregional or | 24 |
| statewide significance. | 25 |
| (1) The statewide programs shall include projects and | 26 |
| programs proposed to be funded, in whole or in part, by |
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| State or federal funds and shall consist of the following: | 2 |
| (A) For regions of the State under the jurisdiction | 3 |
| of an MPO, the schedule shall be limited to projects | 4 |
| that are listed in the regional programs. The | 5 |
| Department shall incorporate each regional program | 6 |
| prepared by MPOs into the recommended statewide | 7 |
| program. | 8 |
| (B) For regions of the State outside the | 9 |
| jurisdiction of an MPO, the Department shall choose | 10 |
| projects for inclusion. The Department, counties, | 11 |
| municipalities, mass transit districts, other local | 12 |
| governments, MPOs, and members of the General Assembly | 13 |
| may nominate or recommend projects for the statewide | 14 |
| programs. The Department shall incorporate each | 15 |
| regional program prepared by MPOs into the recommended | 16 |
| statewide programs. | 17 |
| (C) The Department shall choose projects of | 18 |
| interregional or statewide significance for inclusion. | 19 |
| The Department, counties, municipalities, mass transit | 20 |
| districts, other local governments, MPOs, and members | 21 |
| of the General Assembly may nominate or recommend | 22 |
| projects of interregional or statewide significance | 23 |
| for the statewide programs. | 24 |
| (2) Projects outside the jurisdiction of an MPO and | 25 |
| projects of interregional or statewide significance shall | 26 |
| be consistent with the adopted State transportation plan. |
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| The Department shall demonstrate how such projects are | 2 |
| consistent with the adopted State transportation plan. | 3 |
| (3) Projects outside the jurisdiction of an MPO and | 4 |
| projects of interregional or statewide significance shall | 5 |
| be recommended for inclusion in the statewide programs | 6 |
| considering a measurement system and the criteria | 7 |
| established by the State transportation plan. | 8 |
| (4) The statewide programs shall ensure that the | 9 |
| percentage of State-jurisdiction mileage and bridges in | 10 |
| acceptable condition is comparable throughout the State | 11 |
| and that the percentage of State-jurisdiction miles and | 12 |
| bridges in acceptable condition in each of the Department's | 13 |
| highway districts, as those districts were organized on | 14 |
| January 1, 2009, is no more than 5 percentage points below | 15 |
| the statewide average percentage in acceptable condition. | 16 |
| The programs shall include the following information | 17 |
| statewide and for each district: | 18 |
| (A) For roads and bridges under State | 19 |
| jurisdiction, the current percentage of miles and | 20 |
| bridges in acceptable condition. | 21 |
| (B) For roads and bridges under State | 22 |
| jurisdiction, the projected percentage of miles and | 23 |
| bridges in acceptable condition at the end of the | 24 |
| Programs. | 25 |
| (5) No later than April 7, 2011 and the first Wednesday | 26 |
| of April of every year thereafter, the Committee shall, by |
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| resolution, either (i) determine that the statewide | 2 |
| programs are consistent with the adopted State | 3 |
| transportation plan; or (ii) determine that all or any | 4 |
| portions of the statewide programs are not consistent with | 5 |
| the adopted State transportation plan, including within | 6 |
| the resolution an explanation for any such determination. | 7 |
| Individual Committee members may prepare a written | 8 |
| statement indicating their disagreement with the | 9 |
| resolution adopted by the Committee. The Committee's | 10 |
| resolution and any written statements prepared by | 11 |
| individual members shall be published and delivered to the | 12 |
| General Assembly and the Governor with the statewide | 13 |
| programs. | 14 |
| (6) Within 30 days after the adoption of the | 15 |
| Committee's resolution pursuant to paragraph (5), a MPO may | 16 |
| amend its regional program included within the statewide | 17 |
| programs for the sole purpose of addressing a Committee | 18 |
| determination that the program is not consistent with the | 19 |
| adopted State transportation plan. Within 30 days after the | 20 |
| adoption of the Committee's resolution pursuant to | 21 |
| paragraph (5), the Department may amend any portion of a | 22 |
| statewide program prepared by the Department for the sole | 23 |
| purpose of addressing a Committee determination that such | 24 |
| portion of a program is not consistent with the adopted | 25 |
| State transportation plan. Any amendments shall be | 26 |
| published and delivered to the Committee, General |
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| Assembly, and Governor. | 2 |
| (d) Fiscal year 2011 statewide program. After consultation | 3 |
| with the MPOs, the Department shall prepare by no later than | 4 |
| March 1, 2010 an annual program of surface transportation | 5 |
| capital projects and their anticipated costs proposed for | 6 |
| funding in whole or in part from appropriations made by the | 7 |
| State in fiscal year 2011. The fiscal year 2011 statewide | 8 |
| program required by this subsection shall, so much as is | 9 |
| practicable, comply with the objectives of this Law. The | 10 |
| Committee shall review and provide comments on the fiscal year | 11 |
| 2011 statewide program by no later than April 7, 2010. | 12 |
| (20 ILCS 2705/2705-221 new) | 13 |
| Sec. 2705-221. Inclusion in transportation improvement | 14 |
| program. The transportation improvement program the Department | 15 |
| must develop pursuant to 23 U.S.C. 135 may only include | 16 |
| projects that have been prioritized for inclusion in a regional | 17 |
| or statewide program by an MPO or the Department pursuant to | 18 |
| this Law. It is not the intent of this Section to interfere | 19 |
| with administrative changes to the Transportation Improvement | 20 |
| Program, but only to ensure that all included projects undergo | 21 |
| the process prescribed by this Law. | 22 |
| (20 ILCS 2705/2705-222 new) | 23 |
| Sec. 2705-222. Public involvement and accountability. | 24 |
| (a) The Department and the Committee shall provide timely |
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| and clear information and accountability to the public and | 2 |
| shall engage the public when making State transportation | 3 |
| decisions and recommendations. The Department shall elicit the | 4 |
| public's views both with respect to adequate transportation | 5 |
| services and appropriate means of minimizing adverse social, | 6 |
| economic, environmental, and energy impact of transportation | 7 |
| programs. All documents listed in this Law shall be made | 8 |
| publicly available for distribution in print and on the | 9 |
| Department's website. | 10 |
| (b) The Department and the Committee shall provide the | 11 |
| opportunity for public comment throughout the State prior to | 12 |
| the completion of the statewide transportation plan and the | 13 |
| statewide programs. Public comment may be solicited through | 14 |
| hearings, focus groups, surveys, and feedback on draft plans | 15 |
| and programs. | 16 |
| (c) The Department, in consultation with the Committee, | 17 |
| shall publish and deliver to the Governor and the General | 18 |
| Assembly by November 1 of each year a For the Record report on | 19 |
| all modes of transportation that shall include the following: | 20 |
| (1) All the projects accomplished in the previous | 21 |
| fiscal year listed by each Illinois Department of | 22 |
| Transportation District and MPO. | 23 |
| (2) The award cost and the beginning dates of each | 24 |
| listed project. | 25 |
| (3) A summary of the Department's prior-year decisions | 26 |
| in allocating transportation capital outlay appropriations |
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| and identifying timely and relevant transportation issues | 2 |
| facing the State of Illinois. | 3 |
| (4) Statewide and for each district and MPO, a | 4 |
| description of any project receiving an appropriation from | 5 |
| the General Assembly that was not included in the statewide | 6 |
| program. | 7 |
| (5) An explanation and summary of major policies and | 8 |
| decisions adopted by the Department and the recommendation | 9 |
| of the Committee during the previously completed State and | 10 |
| federal fiscal year, with an explanation of any changes in | 11 |
| policy associated with the performance of the Department's | 12 |
| duties and responsibilities over the past year. | 13 |
| (6) A review of the progress made in achieving the | 14 |
| State transportation goals. | 15 |
| (7) Statewide and for each district and MPO, the total | 16 |
| of program accomplishments in dollars, number of miles, | 17 |
| number of bridges, and number of transit projects. | 18 |
| (8) Statewide and for each district and MPO, the | 19 |
| current percentage of miles and bridges in acceptable | 20 |
| condition for roads and bridges under State jurisdiction. | 21 |
| (9) A description of remedial actions that will be | 22 |
| taken in the next statewide transportation improvement | 23 |
| program for raising the percentage of roads or bridges, or | 24 |
| both, that are in acceptable condition for any district | 25 |
| whose percentage is more than 5 percentage points below the | 26 |
| statewide average. |
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| (20 ILCS 2705/2705-223 new) | 2 |
| Sec. 2705-223. Evaluation. | 3 |
| (a) The Committee shall evaluate the effectiveness of the | 4 |
| processes and procedures established by this Law to ensure that | 5 |
| they contribute to a well-coordinated and cost-effective | 6 |
| transportation system. The Committee shall recommend changes | 7 |
| as needed to the General Assembly and the Governor. | 8 |
| (b) Following publication of the For the Record report | 9 |
| required by this Law, the Commission on Government Forecasting | 10 |
| and Accountability shall review the documents and certify to | 11 |
| the Governor, Senate President, and Speaker of the House | 12 |
| whether the requirement is being met that the percentage of | 13 |
| State-jurisdiction miles and bridges in acceptable condition | 14 |
| in each of the Districts be no lower than 5 percentage points | 15 |
| below the statewide average percentage in acceptable | 16 |
| condition. | 17 |
| (c) Every 2 years, the Auditor General shall review the | 18 |
| performance of the Department to assure the Department is | 19 |
| meeting the requirements of this Law.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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