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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5496 Introduced 2/9/2024, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: | | 620 ILCS 75/2-26 new | | 620 ILCS 75/2-41 new | | 630 ILCS 5/10 | |
| Amends the Public-Private Agreements for the South Suburban Airport Act. Provides that in addition to the prequalification process under the Act, the Department of Transportation shall accept any unsolicited bids for the South Suburban Airport received pursuant to the Public-Private Partnerships for Transportation Act. Provides that nothing within the provisions shall be construed to restrict the obligations of the Department to respond to any unsolicited bids under the Public-Private Partnerships for Transportation Act. Amends the Public-Private Partnerships for Transportation Act. Provides that "transportation facility" includes the South Suburban Airport. Effective immediately. |
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| | A BILL FOR |
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1 | | AN ACT concerning transportation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Public-Private Agreements for the South |
5 | | Suburban Airport Act is amended by adding Sections 2-26 and |
6 | | 2-41 as follows: |
7 | | (620 ILCS 75/2-26 new) |
8 | | Sec. 2-26. Unsolicited bids. In addition to the |
9 | | prequalification process under this Act, the Department shall |
10 | | accept any unsolicited bids for the South Suburban Airport |
11 | | received pursuant to the Public-Private Partnerships for |
12 | | Transportation Act. Nothing in this Section shall be construed |
13 | | to restrict the obligations of the Department to respond to |
14 | | any unsolicited bids under the Public-Private Partnerships for |
15 | | Transportation Act. |
16 | | (620 ILCS 75/2-41 new) |
17 | | Sec. 2-41. Sole-source negotiation. Notwithstanding any |
18 | | other provision of law, the Department may enter into direct, |
19 | | sole-source negotiations with potential private airport |
20 | | development teams for the development, financing, building, |
21 | | operating, and maintaining of the airport. |
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1 | | Section 10. The Public-Private Partnerships for |
2 | | Transportation Act is amended by changing Section 10 as |
3 | | follows: |
4 | | (630 ILCS 5/10) |
5 | | Sec. 10. Definitions. As used in this Act: |
6 | | "Approved proposal" means the proposal that is approved by |
7 | | the responsible public entity pursuant to subsection (j) of |
8 | | Section 20 of this Act. |
9 | | "Approved proposer" means the private entity whose |
10 | | proposal is the approved proposal. |
11 | | "Authority" means the Illinois State Toll Highway |
12 | | Authority. |
13 | | "Contractor" means a private entity that has entered into |
14 | | a public-private agreement with the responsible public entity |
15 | | to provide services to or on behalf of the responsible public |
16 | | entity. |
17 | | "Department" means the Illinois Department of |
18 | | Transportation. |
19 | | "Design-build agreement" means the agreement between the |
20 | | selected private entity and the responsible public entity |
21 | | under which the selected private entity agrees to furnish |
22 | | design, construction, and related services for a |
23 | | transportation facility under this Act. |
24 | | "Develop" or "development" means to do one or more of the |
25 | | following: plan, design, develop, lease, acquire, install, |
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1 | | construct, reconstruct, rehabilitate, extend, or expand. |
2 | | "Maintain" or "maintenance" includes ordinary maintenance, |
3 | | repair, rehabilitation, capital maintenance, maintenance |
4 | | replacement, and any other categories of maintenance that may |
5 | | be designated by the responsible public entity. |
6 | | "Operate" or "operation" means to do one or more of the |
7 | | following: maintain, improve, equip, modify, or otherwise |
8 | | operate. |
9 | | "Private entity" means any combination of one or more |
10 | | individuals, corporations, general partnerships, limited |
11 | | liability companies, limited partnerships, joint ventures, |
12 | | business trusts, nonprofit entities, or other business |
13 | | entities that are parties to a proposal for a transportation |
14 | | project or an agreement related to a transportation project. A |
15 | | public agency may provide services to a contractor as a |
16 | | subcontractor or subconsultant without affecting the private |
17 | | status of the private entity and the ability to enter into a |
18 | | public-private agreement. A transportation agency is not a |
19 | | private entity. |
20 | | "Proposal" means all materials and documents prepared by |
21 | | or on behalf of a private entity relating to the proposed |
22 | | development, financing, or operation of a transportation |
23 | | facility as a transportation project. |
24 | | "Proposer" means a private entity that has submitted an |
25 | | unsolicited proposal for a public-private agreement to a |
26 | | responsible public entity under this Act or a proposal or |
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1 | | statement of qualifications for a public-private agreement in |
2 | | response to a request for proposals or a request for |
3 | | qualifications issued by a responsible public entity under |
4 | | this Act. |
5 | | "Public-private agreement" means the public-private |
6 | | agreement between the contractor and the responsible public |
7 | | entity relating to one or more of the development, financing, |
8 | | or operation of a transportation project that is entered into |
9 | | under this Act. |
10 | | "Request for information" means all materials and |
11 | | documents prepared by or on behalf of the responsible public |
12 | | entity to solicit information from private entities with |
13 | | respect to transportation projects. |
14 | | "Request for proposals" means all materials and documents |
15 | | prepared by or on behalf of the responsible public entity to |
16 | | solicit proposals from private entities to enter into a |
17 | | public-private agreement. |
18 | | "Request for qualifications" means all materials and |
19 | | documents prepared by or on behalf of the responsible public |
20 | | entity to solicit statements of qualification from private |
21 | | entities to enter into a public-private agreement. |
22 | | "Responsible public entity" means the Department of |
23 | | Transportation, the Illinois State Toll Highway Authority. |
24 | | "Revenues" means all revenues, including any combination |
25 | | of: income; earnings and interest; user fees; lease payments; |
26 | | allocations; federal, State, and local appropriations, grants, |
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1 | | loans, lines of credit, and credit guarantees; bond proceeds; |
2 | | equity investments; service payments; or other receipts; |
3 | | arising out of or in connection with a transportation project, |
4 | | including the development, financing, and operation of a |
5 | | transportation project. The term includes money received as |
6 | | grants, loans, lines of credit, credit guarantees, or |
7 | | otherwise in aid of a transportation project from the federal |
8 | | government, the State, a unit of local government, or any |
9 | | agency or instrumentality of the federal government, the |
10 | | State, or a unit of local government. |
11 | | "Shortlist" means the process by which a responsible |
12 | | public entity will review, evaluate, and rank statements of |
13 | | qualifications submitted in response to a request for |
14 | | qualifications and then identify the proposers who are |
15 | | eligible to submit a detailed proposal in response to a |
16 | | request for proposals. The identified proposers constitute the |
17 | | shortlist for the transportation project to which the request |
18 | | for proposals relates. |
19 | | "Transportation agency" means (i) the Department or (ii) |
20 | | the Authority. |
21 | | "Transportation facility" means any new or existing road, |
22 | | highway, toll highway, bridge, tunnel, intermodal facility, |
23 | | intercity or high-speed passenger rail, or other |
24 | | transportation facility or infrastructure, including the South |
25 | | Suburban Airport but excluding all other airports, under the |
26 | | jurisdiction of a responsible public entity, except those |
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1 | | facilities for the Illiana Expressway. The term |
2 | | "transportation facility" may refer to one or more |
3 | | transportation facilities that are proposed to be developed or |
4 | | operated as part of a single transportation project. |
5 | | "Transportation project" or "project" means any or the |
6 | | combination of the design, development, construction, |
7 | | financing, or operation with respect to all or a portion of any |
8 | | transportation facility under the jurisdiction of the |
9 | | responsible public entity, except those facilities for the |
10 | | Illiana Expressway, undertaken pursuant to this Act. |
11 | | "Unit of local government" has the meaning ascribed to |
12 | | that term in Article VII, Section 1 of the Constitution of the |
13 | | State of Illinois and also means any unit designated as a |
14 | | municipal corporation. |
15 | | "Unsolicited proposal" means a written proposal that is |
16 | | submitted to a responsible public entity on the initiative of |
17 | | the private sector entity or entities for the purpose of |
18 | | developing a partnership, and that is not in response to a |
19 | | formal or informal request issued by a responsible public |
20 | | entity. |
21 | | "User fees" or "tolls" means the rates, tolls, fees, or |
22 | | other charges imposed by the contractor for use of all or a |
23 | | portion of a transportation project under a public-private |
24 | | agreement. |
25 | | (Source: P.A. 103-570, eff. 1-1-24.) |
26 | | Section 99. Effective date. This Act takes effect upon |