SB2475 102ND GENERAL ASSEMBLY

LRB102 16361 RAM 21748 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2475

Introduced 2/26/2021, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

20 ILCS 2705/2705-203 new
70 ILCS 3615/2.39 new

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Requires the Department of Transportation to establish and implement a transportation performance program for all transportation facilities under its jurisdiction. Provides that the Department shall develop a risk-based, statewide highway system asset management plan to preserve and improve the conditions of highway and bridge assets and enhance the performance of the system while minimizing life-cycle cost. Provides requirements for the asset management plan. Provides that the Department shall develop a needs-based asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure. Limits the plan to certain transit services. Provides that the Department shall develop a performance-based project selection process to prioritize taxpayer investment in transportation assets that go above and beyond maintaining the existing system in a state of good repair and to evaluate projects that add capacity. Adds various requirements regarding the new asset management plan and performance-based programming. Amends the Regional Transportation Authority Act. Requires the Regional Transportation Authority to develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. Adds process and reporting requirements. Provides that, starting April 1, 2022, no project shall be included in a capital program of the Authority without being evaluated under the selection process. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-203 as follows:

(20 ILCS 2705/2705-203 new)

Sec. 2705-203. Transportation asset management plan and performance-based programming.

(a) The General Assembly declares it to be in the public interest that a statewide transportation performance program and project prioritization process be developed and implemented to improve the efficiency and effectiveness of the State's transportation system, transportation safety, and transportation accessibility for people and goods and environmental quality and to promote inclusive economic growth throughout the State.

(b) The Department of Transportation shall establish and implement a statewide transportation performance program for all transportation facilities under its jurisdiction. The purposes of the statewide transportation performance program are to:

(1) establish a strategic approach that uses transportation system information to make investment and policy decisions to achieve statewide and regional performance goals;

(2) ensure transportation investment decisions emerge from an objective and quantifiable technical analysis;

(3) evaluate the need and financial support necessary for maintaining, expanding, and modernizing existing transportation infrastructure;

(4) ensure that all State transportation funds invested are directed to support progress toward the achievement of performance targets established in asset management plans and the State and regional performance targets under the National Performance Management Measures Program;

(5) make investment decisions transparent and accessible to the public;

(6) decrease carbon emissions and reduce infrastructure vulnerability to climate change; and

(7)reduce disparities in transportation system performance experienced by racially marginalized communities, low-to-moderate-income residents, and other disadvantaged groups.

(c) The Department shall develop a risk-based, statewide highway system asset management plan to preserve and improve the conditions of highway and bridge assets and enhance the performance of the system while minimizing life-cycle cost. The asset management plan shall include, at a minimum, strategies leading to a program of projects that would make progress toward achievement of targets for asset condition and performance of the State highway system. The asset management plan shall be made publicly available on the Department's website.

(d) The Department shall develop a needs-based asset management plan for State-supported public transportation assets, including vehicles, facilities, equipment, and other infrastructure. The transit asset management plan shall include transit services using federal funding under 49 U.S.C. 5311, transit services having fewer than 100 vehicles operating in the peak hours in all fixed-route modes, and transit services having fewer than 100 vehicles in one nonfixed route, and that do not develop their own asset management plans. The goal of the transit asset management plan is to preserve and modernize capital transit assets that will enhance the performance of the system. The transit asset management plan shall establish a strategic and systematic process to invest in operating, maintaining, and improving public transportation capital assets effectively through their entire life cycle. Federally required transit asset management plans developed by the Regional Transportation Authority (RTA) or service boards, as defined in Section 1.03 of the Regional Transportation Authority Act, shall become the transportation asset management plan for all public transportation assets owned and operated by the service boards. The Department's transit asset management plan shall be made publicly available on the Department's website. The RTA shall be responsible for making public transit asset management plans for its service area publicly available.

(e) The Department shall develop a performance-based project selection process to prioritize taxpayer investment in transportation State-owned assets that go above and beyond maintaining the existing system in a state of good repair and to evaluate projects that add capacity, make operational improvements, or modernize the system. The goal of the process is to select projects equitably through an evaluation process that assesses the costs and benefits of new investment. This process shall provide the flexibility to take into consideration the unique needs of communities across the State. The Department shall solicit input from localities, metropolitan planning organizations, transit authorities, transportation authorities, representatives of labor and private businesses, and other stakeholders in its development of the prioritization process pursuant to this subsection.

The selection process shall include a defined, public means by which candidate projects shall be identified, evaluated, and selected. The process shall include both a quantitative analysis of the evaluation factors and qualitative review by the Department. The Department may apply different weights to the performance measures based on regional geography or project type. Projects selected as part of the process shall be included in the State's multi-year transportation plan and the annual element of the multi-year plan. The policies that guide the performance-based project selection process shall be derived from State and regional long-range transportation plans. Starting January 1, 2022, no system expansion or safety or system modernization project (or similar category of project) shall be included in the multi-year transportation plan or annual element without being evaluated under the selection process described in this subsection. The Department shall certify that it is making progress toward condition targets anticipated in its transportation asset management plan before including system expansion or safety or system modernization projects in the multi-year plan using the process described in this subsection. All plan and program development based on the project selection process described in this subsection shall include consideration of regional balance. The selection process shall be based on an objective and quantifiable analysis that considers, at a minimum, the following factors: (1) congestion mitigation or improved traffic operations, (2) economic development, (3) livability, (4) environmental impact, (5) accessibility, (6) increased benefits and reduced harms to racially marginalized black, brown, and indigenous communities and low-to-moderate-income communities, and (7) safety.

(f) The prioritization process developed under subsection (e) shall apply to projects funded with both State and federal transportation funds but shall not apply to:

(1) projects funded by the Congestion Mitigation and Air Quality Improvement funds apportioned to the State pursuant to 23 U.S.C. 104(b)(4) and State matching funds;

(2) projects funded by the Highway Safety Improvement Program funds apportioned to the State pursuant to 23 U.S.C. 104(b)(3) and State matching funds;

(3) projects funded by the Transportation Alternatives funds set-aside pursuant to 23 U.S.C. 213 and State matching funds;

(4) projects funded by the National Highway Freight Program pursuant to 23 U.S.C. 167 and State matching funds; and

(5) funds to be allocated to urban areas based on population under federal law.

(g) A summary of the project evaluation process, measures, program, and scores for all candidate projects shall be published on the website of the Department in a timely manner.

Section 10. The Regional Transportation Authority Act is amended by adding Section 2.39 as follows:

(70 ILCS 3615/2.39 new)

Sec. 2.39. Prioritization process for Northeastern Illinois transit projects.

(a) The Authority shall develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. The prioritization process shall consider, at a minimum: (1) access to key destinations (for example, jobs, retail, healthcare, recreation); (2) reliability improvement; (3) capacity needs; (4) safety; (5) state of good repair; (6) racial equity and mobility justice; and (7) economic development. All State capital funding awards shall be made by the Regional Transportation Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing its prioritization process and its use in funding awards.

(b) A summary of the project evaluation process, measures, program, and scores for all candidate projects shall be published on the website of the Authority in a timely manner.

(c) Starting April 1, 2022, no project shall be included in the 5-year capital program, amendments to that program, or any other capital program without being evaluated under the selection process described in this Section.

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