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,
3represented in the General Assembly:
 
4    Section 5. The Public-Private Agreements for the South
5Suburban Airport Act is amended by adding Sections 2-26 and
62-41 as follows:
 
7    (620 ILCS 75/2-26 new)
8    Sec. 2-26. Unsolicited bids. In addition to the
9prequalification process under this Act, the Department shall
10accept any unsolicited bids for the South Suburban Airport
11received pursuant to the Public-Private Partnerships for
12Transportation Act. Nothing in this Section shall be construed
13to restrict the obligations of the Department to respond to
14any unsolicited bids under the Public-Private Partnerships for
15Transportation Act.
 
16    (620 ILCS 75/2-41 new)
17    Sec. 2-41. Sole-source negotiation. Notwithstanding any
18other provision of law, the Department may enter into direct,
19sole-source negotiations with potential private airport
20development teams for the development, financing, building,
21operating, and maintaining of the airport.
 

 

 

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1    Section 10. The Public-Private Partnerships for
2Transportation Act is amended by changing Section 10 as
3follows:
 
4    (630 ILCS 5/10)
5    Sec. 10. Definitions. As used in this Act:
6    "Approved proposal" means the proposal that is approved by
7the responsible public entity pursuant to subsection (j) of
8Section 20 of this Act.
9    "Approved proposer" means the private entity whose
10proposal is the approved proposal.
11    "Authority" means the Illinois State Toll Highway
12Authority.
13    "Contractor" means a private entity that has entered into
14a public-private agreement with the responsible public entity
15to provide services to or on behalf of the responsible public
16entity.
17    "Department" means the Illinois Department of
18Transportation.
19    "Design-build agreement" means the agreement between the
20selected private entity and the responsible public entity
21under which the selected private entity agrees to furnish
22design, construction, and related services for a
23transportation facility under this Act.
24    "Develop" or "development" means to do one or more of the
25following: plan, design, develop, lease, acquire, install,

 

 

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1construct, reconstruct, rehabilitate, extend, or expand.
2    "Maintain" or "maintenance" includes ordinary maintenance,
3repair, rehabilitation, capital maintenance, maintenance
4replacement, and any other categories of maintenance that may
5be designated by the responsible public entity.
6    "Operate" or "operation" means to do one or more of the
7following: maintain, improve, equip, modify, or otherwise
8operate.
9    "Private entity" means any combination of one or more
10individuals, corporations, general partnerships, limited
11liability companies, limited partnerships, joint ventures,
12business trusts, nonprofit entities, or other business
13entities that are parties to a proposal for a transportation
14project or an agreement related to a transportation project. A
15public agency may provide services to a contractor as a
16subcontractor or subconsultant without affecting the private
17status of the private entity and the ability to enter into a
18public-private agreement. A transportation agency is not a
19private entity.
20    "Proposal" means all materials and documents prepared by
21or on behalf of a private entity relating to the proposed
22development, financing, or operation of a transportation
23facility as a transportation project.
24    "Proposer" means a private entity that has submitted an
25unsolicited proposal for a public-private agreement to a
26responsible public entity under this Act or a proposal or

 

 

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1statement of qualifications for a public-private agreement in
2response to a request for proposals or a request for
3qualifications issued by a responsible public entity under
4this Act.
5    "Public-private agreement" means the public-private
6agreement between the contractor and the responsible public
7entity relating to one or more of the development, financing,
8or operation of a transportation project that is entered into
9under this Act.
10    "Request for information" means all materials and
11documents prepared by or on behalf of the responsible public
12entity to solicit information from private entities with
13respect to transportation projects.
14    "Request for proposals" means all materials and documents
15prepared by or on behalf of the responsible public entity to
16solicit proposals from private entities to enter into a
17public-private agreement.
18    "Request for qualifications" means all materials and
19documents prepared by or on behalf of the responsible public
20entity to solicit statements of qualification from private
21entities to enter into a public-private agreement.
22    "Responsible public entity" means the Department of
23Transportation, the Illinois State Toll Highway Authority.
24    "Revenues" means all revenues, including any combination
25of: income; earnings and interest; user fees; lease payments;
26allocations; federal, State, and local appropriations, grants,

 

 

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1loans, lines of credit, and credit guarantees; bond proceeds;
2equity investments; service payments; or other receipts;
3arising out of or in connection with a transportation project,
4including the development, financing, and operation of a
5transportation project. The term includes money received as
6grants, loans, lines of credit, credit guarantees, or
7otherwise in aid of a transportation project from the federal
8government, the State, a unit of local government, or any
9agency or instrumentality of the federal government, the
10State, or a unit of local government.
11    "Shortlist" means the process by which a responsible
12public entity will review, evaluate, and rank statements of
13qualifications submitted in response to a request for
14qualifications and then identify the proposers who are
15eligible to submit a detailed proposal in response to a
16request for proposals. The identified proposers constitute the
17shortlist for the transportation project to which the request
18for proposals relates.
19    "Transportation agency" means (i) the Department or (ii)
20the Authority.
21    "Transportation facility" means any new or existing road,
22highway, toll highway, bridge, tunnel, intermodal facility,
23intercity or high-speed passenger rail, or other
24transportation facility or infrastructure, including the South
25Suburban Airport but excluding all other airports, under the
26jurisdiction of a responsible public entity, except those

 

 

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1facilities for the Illiana Expressway. The term
2"transportation facility" may refer to one or more
3transportation facilities that are proposed to be developed or
4operated as part of a single transportation project.
5    "Transportation project" or "project" means any or the
6combination of the design, development, construction,
7financing, or operation with respect to all or a portion of any
8transportation facility under the jurisdiction of the
9responsible public entity, except those facilities for the
10Illiana Expressway, undertaken pursuant to this Act.
11    "Unit of local government" has the meaning ascribed to
12that term in Article VII, Section 1 of the Constitution of the
13State of Illinois and also means any unit designated as a
14municipal corporation.
15    "Unsolicited proposal" means a written proposal that is
16submitted to a responsible public entity on the initiative of
17the private sector entity or entities for the purpose of
18developing a partnership, and that is not in response to a
19formal or informal request issued by a responsible public
20entity.
21    "User fees" or "tolls" means the rates, tolls, fees, or
22other charges imposed by the contractor for use of all or a
23portion of a transportation project under a public-private
24agreement.
25(Source: P.A. 103-570, eff. 1-1-24.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.