Full Text of SB0108 96th General Assembly
SB0108sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/10/2009
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| AMENDMENT TO SENATE BILL 108
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| AMENDMENT NO. ______. Amend Senate Bill 108 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Public-Private Partnerships for Transportation Act. | 6 |
| Section 5. Public policy and legislative intent.
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| (a) It is the public policy of the State of Illinois to | 8 |
| promote the development and operation of transportation | 9 |
| facilities that serve the needs of the public. | 10 |
| (b) Existing methods of procurement and financing of | 11 |
| transportation facilities by the Department and the Authority | 12 |
| impose limitations on the methods by which transportation | 13 |
| facilities may be developed and operated within the State. | 14 |
| (c) Authorizing the Department and the Authority to enter | 15 |
| into public-private partnerships, whereby private entities may | 16 |
| develop, operate, and finance transportation facilities, has |
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| the potential to promote the development of transportation | 2 |
| facilities in the State as well as investment in the State. | 3 |
| (d) It is the intent of this Act to promote public-private | 4 |
| partnerships for transportation by authorizing the Department | 5 |
| and the Authority to enter into public-private agreements for | 6 |
| the development, operation, and financing of transportation | 7 |
| facilities.
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| Section 10. Definitions. As used in this Act:
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| "Authority" means the Illinois State Toll Highway | 10 |
| Authority. | 11 |
| "Contractor" means a private entity that has entered into a | 12 |
| public-private agreement with the transportation agency to | 13 |
| provide services to or on behalf of the transportation agency. | 14 |
| "Department" means the Illinois Department of | 15 |
| Transportation. | 16 |
| "Develop" or "development" means to do one or more of the | 17 |
| following: plan, design, develop, lease, acquire, install, | 18 |
| construct, reconstruct, rehabilitate, extend, or expand. | 19 |
| "Maintain" or "maintenance" includes ordinary maintenance, | 20 |
| repair, rehabilitation, capital maintenance, maintenance | 21 |
| replacement, and any other categories of maintenance that may | 22 |
| be designated by the transportation agency. | 23 |
| "Offeror" means a private entity that has submitted a | 24 |
| proposal for a public-private agreement under this Act. | 25 |
| "Operate" or "operation" means to do one or more of the |
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| following: maintain, improve, equip, modify, or otherwise | 2 |
| operate. | 3 |
| "Private entity" means any combination of one or more | 4 |
| individuals, corporations, general partnerships, limited | 5 |
| liability companies, limited partnerships, joint ventures, | 6 |
| business trusts, nonprofit entities, or other business | 7 |
| entities that are parties to a proposal for a transportation | 8 |
| project or an agreement related to a transportation project. A | 9 |
| public agency may provide services to a contractor as a | 10 |
| subcontractor or subconsultant without affecting the private | 11 |
| status of the private entity and the ability to enter into a | 12 |
| public-private agreement. | 13 |
| "Public-private agreement" means the public-private | 14 |
| agreement between the contractor and the transportation agency | 15 |
| relating to one or more of the development, financing, or | 16 |
| operation of a transportation project that is entered into | 17 |
| under this Act. | 18 |
| "Request for proposals" means all materials and documents | 19 |
| prepared by or on behalf of the transportation agency to | 20 |
| solicit proposals from offerors to enter into a public-private | 21 |
| agreement. | 22 |
| "Request for qualifications" means all materials and | 23 |
| documents prepared by or on behalf of the transportation agency | 24 |
| to solicit qualification submittals from offerors to enter into | 25 |
| a public-private agreement.
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| "Revenues" means all revenues, including any combination |
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| of: income; earnings and interest; user fees; lease payments; | 2 |
| allocations; federal, State, and local appropriations, grants, | 3 |
| loans, lines of credit, and credit guarantees; bond proceeds; | 4 |
| equity investments; service payments; or other receipts; | 5 |
| arising out of or in connection with a transportation project, | 6 |
| including the development, financing, and operation of a | 7 |
| transportation project. The term includes money received as | 8 |
| grants, loans, lines of credit, credit guarantees, or otherwise | 9 |
| in aid of a transportation project from the federal government, | 10 |
| the State, a unit of local government, or any agency or | 11 |
| instrumentality of the federal government, the State, or a unit | 12 |
| of local government. | 13 |
| "Transportation agency" means the Department or the | 14 |
| Authority. | 15 |
| "Transportation project" or "project" means a project | 16 |
| undertaken under this Act with respect to all or a portion of | 17 |
| any new or existing road, highway, toll highway, bridge, | 18 |
| tunnel, intermodal facility, or other transportation facility | 19 |
| or infrastructure under the jurisdiction of the transportation | 20 |
| agency; a transportation project may not, however, include an | 21 |
| airport located within a county with a population of more than | 22 |
| 500,000. | 23 |
| "User fees" or "tolls" means the rates, tolls, fees, or | 24 |
| other charges imposed by the contractor for use of all or a | 25 |
| portion of a transportation project under a public-private | 26 |
| agreement.
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| Section 15. Formation of public-private agreements; | 2 |
| project planning.
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| (a) Each transportation agency may exercise the powers | 4 |
| granted by this Act to do some or all of develop, finance, and | 5 |
| operate any part of one or more transportation projects through | 6 |
| public-private agreements with one or more private entities. | 7 |
| Each transportation agency may use the revenues arising out of | 8 |
| one transportation project or public-private agreement and use | 9 |
| them for some or all of developing, financing, and operating | 10 |
| any part of one or more additional or other transportation | 11 |
| projects through public-private agreements with one or more | 12 |
| private entities or as otherwise deemed appropriate by the | 13 |
| transportation agency. | 14 |
| (b) A contractor has: | 15 |
| (1) all powers allowed by law generally to a private | 16 |
| entity having the same form of organization as the | 17 |
| contractor; and | 18 |
| (2) the power to develop, finance, and operate the | 19 |
| transportation project and to impose user fees in | 20 |
| connection with the use of the transportation project, | 21 |
| subject to the terms of the public-private agreement. | 22 |
| No tolls or user fees may be imposed by the contractor | 23 |
| except as set forth in a public-private agreement. | 24 |
| (c) Each year, at least 30 days prior to the beginning of | 25 |
| the transportation agency's fiscal year, and at other times the |
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| transportation agency deems necessary, the transportation | 2 |
| agency shall submit for review, to the President of the Senate, | 3 |
| the Speaker of the House of Representatives, the Minority | 4 |
| Leader of the Senate, and the Minority Leader of the House of | 5 |
| Representatives, a description of potential projects that the | 6 |
| transportation agency is considering undertaking under this | 7 |
| Act. The transportation agency may undertake any potential | 8 |
| project regarding which it has submitted a description unless, | 9 |
| within 60 days of their receipt of the description of the | 10 |
| potential project, the transportation agency receives notice | 11 |
| to the contrary from the President of the Senate, the Speaker | 12 |
| of the House of Representatives, the Minority Leader of the | 13 |
| Senate, and the Minority Leader of the House of | 14 |
| Representatives. | 15 |
| (d) Each year, at least 30 days prior to the beginning of | 16 |
| the transportation agency's fiscal year, the transportation | 17 |
| agency shall submit a description of potential projects that | 18 |
| the transportation agency is considering undertaking under | 19 |
| this Act to each county, municipality, and metropolitan | 20 |
| planning organization, with respect to each project located | 21 |
| within its boundaries. | 22 |
| (e) Any project undertaken under this Act shall be subject | 23 |
| to all applicable planning requirements otherwise required by | 24 |
| law, including land use planning, regional planning, | 25 |
| transportation planning, and environmental compliance | 26 |
| requirements. |
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| (f) Any new transportation facility developed as a project | 2 |
| under this Act must be consistent with the metropolitan | 3 |
| planning organization's regional plan then in existence with | 4 |
| respect to each project located within a metropolitan planning | 5 |
| organization's boundaries.
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| Section 20. Procurement process.
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| (a) The transportation agency may request proposals from | 8 |
| private entities for some or all of the development, financing, | 9 |
| and operation of one or more transportation projects. | 10 |
| (b) The transportation agency may pursue a competitive | 11 |
| proposal process using a request for qualifications and a | 12 |
| request for proposals process or proceed directly to a request | 13 |
| for proposals. | 14 |
| (c) If the transportation agency elects to utilize a | 15 |
| request for qualifications phase, it shall provide a public | 16 |
| notice of the request for qualifications for such period as | 17 |
| deemed appropriate or warranted by the transportation agency | 18 |
| and shall set forth requirements and evaluation criteria in the | 19 |
| request for qualifications. Upon receipt of qualifications, | 20 |
| the transportation agency shall choose which parties that have | 21 |
| submitted qualifications, if any, meet the requirements and | 22 |
| evaluation criteria in the request for qualifications and shall | 23 |
| issue requests for proposals only to those parties. | 24 |
| (d) If the transportation agency has not issued a request | 25 |
| for qualification under this Section and intends to use only a |
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| request for proposals procurement, the transportation agency | 2 |
| shall provide a public notice of the request for proposals for | 3 |
| a period deemed appropriate or warranted by the transportation | 4 |
| agency. | 5 |
| (e) A request for proposals shall: | 6 |
| (1) indicate in general terms the scope of work, goods, | 7 |
| and services sought to be procured; | 8 |
| (2) contain or incorporate by reference the | 9 |
| specifications and contractual terms and conditions | 10 |
| applicable to the procurement and the transportation | 11 |
| project; | 12 |
| (3) specify the factors, criteria, and other | 13 |
| information that will be used in evaluating the proposals; | 14 |
| (4) contain or incorporate by reference the other | 15 |
| applicable contractual terms and conditions; and | 16 |
| (5) contain or incorporate by reference any other | 17 |
| provisions, materials, or documents the transportation | 18 |
| agency deems appropriate. | 19 |
| (f) The transportation agency shall determine the | 20 |
| evaluation criteria that are most appropriate for each | 21 |
| transportation project and shall set forth those criteria in | 22 |
| the request for proposals. The transportation agency may use | 23 |
| (i) a selection process that results in selection of the | 24 |
| proposal offering the best value to the public, (ii) a | 25 |
| selection process that results in selection of the proposal | 26 |
| offering the lowest price or cost or the highest payment to, or |
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| revenue sharing with, the transportation agency, (iii) a | 2 |
| selection process that results in the imposition of tolls for | 3 |
| the shortest period, or (iv) any other selection process that | 4 |
| the transportation agency determines is in the best interests | 5 |
| of the State and the public. | 6 |
| (g) After the procedures required in this Act have been | 7 |
| completed, the transportation agency shall make a | 8 |
| determination as to whether the successful offeror should be | 9 |
| designated as the contractor for the transportation project. | 10 |
| (h) After designating the successful offeror as the | 11 |
| contractor for the project, the transportation agency shall | 12 |
| execute the public-private agreement and publish notice of the | 13 |
| execution of the public-private agreement.
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| (i) Any action to contest the validity of a public-private | 15 |
| agreement entered into under this Act must be brought no later | 16 |
| than 30 days after the date of publication of the notice of | 17 |
| execution of the public-private agreement. | 18 |
| (j) In addition to any other rights under this Act, in | 19 |
| connection with any procurement under this Act, the following | 20 |
| rights are reserved to each transportation agency: | 21 |
| (1) to withdraw a request for qualifications or a | 22 |
| request for proposals at any time. The transportation | 23 |
| agency may then publish a new request for qualifications or | 24 |
| request for proposals; | 25 |
| (2) to not award a public-private agreement for any | 26 |
| reason; |
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| (3) to request clarifications to any qualification | 2 |
| submittal or request for proposals, to seek one or more | 3 |
| revised proposals or one or more best and final offers, or | 4 |
| to conduct negotiations with one or more offerors; | 5 |
| (4) to modify, during the pendency of a procurement, | 6 |
| the terms, provisions, and conditions of a request for | 7 |
| qualification or request for proposals or the technical | 8 |
| specifications or form of a public-private agreement; | 9 |
| (5) to interview offerors; and | 10 |
| (6) any other rights available to the transportation | 11 |
| agency under applicable law and regulations.
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| Section 25. Public-private agreements.
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| (a) Before developing, financing, or operating the | 14 |
| transportation project, the contractor shall enter into a | 15 |
| public-private agreement with the transportation agency. | 16 |
| Subject to the other provisions of this Act, the transportation | 17 |
| agency and a private entity may enter into a public-private | 18 |
| agreement with respect to a project. Subject to the | 19 |
| requirements of this Act, a public-private agreement may | 20 |
| provide that the private entity, acting on behalf of the | 21 |
| transportation agency, is partially or entirely responsible | 22 |
| for any combination of developing, financing, or operating the | 23 |
| transportation project under terms set forth in the | 24 |
| public-private agreement. | 25 |
| (b) The public-private agreement may, as determined |
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| appropriate by the transportation agency for the particular | 2 |
| transportation project, provide for some or all of the | 3 |
| following: | 4 |
| (1) Construction of the transportation project under | 5 |
| terms set forth in the public-private agreement, which may | 6 |
| include design-build construction. | 7 |
| (2) Delivery of performance and payment bonds or other | 8 |
| performance security determined suitable by the | 9 |
| transportation agency, including letters of credit, United | 10 |
| States bonds and notes, parent guaranties, and cash | 11 |
| collateral, in connection with the development, financing, | 12 |
| or operation of the transportation project, in the forms | 13 |
| and amounts set forth in the public-private agreement or | 14 |
| otherwise determined as satisfactory by the transportation | 15 |
| agency to protect the transportation agency and payment | 16 |
| bond beneficiaries who have a direct contractual | 17 |
| relationship with the contractor or a subcontractor of the | 18 |
| contractor to supply labor or material. The payment or | 19 |
| performance bond or alternative form of performance | 20 |
| security is not required for the portion of a | 21 |
| public-private agreement that includes only design, | 22 |
| planning, or financing services, the performance of | 23 |
| preliminary studies, or the acquisition of real property. | 24 |
| (3) Review of plans for any development or operation, | 25 |
| or both, of the transportation project by the | 26 |
| transportation agency. |
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| (4) Inspection of any construction of or improvements | 2 |
| to the transportation project by the transportation agency | 3 |
| or another entity designated by the transportation agency | 4 |
| or under the public-private agreement to ensure that the | 5 |
| construction or improvements conform to the standards set | 6 |
| forth in the public-private agreement or are otherwise | 7 |
| acceptable to the transportation agency. | 8 |
| (5) Maintenance of: | 9 |
| (A) one or more policies of public liability | 10 |
| insurance (copies of which shall be filed with the | 11 |
| transportation agency accompanied by proofs of | 12 |
| coverage); or | 13 |
| (B) self-insurance; | 14 |
| each in form and amount as set forth in the public-private | 15 |
| agreement or otherwise satisfactory to the transportation | 16 |
| agency as reasonably sufficient to insure coverage of tort | 17 |
| liability to the public and employees and to enable the | 18 |
| continued operation of the transportation project. | 19 |
| (6) Where operations are included within the | 20 |
| contractor's obligations under the public-private | 21 |
| agreement, monitoring of the maintenance practices of the | 22 |
| contractor by the transportation agency or another entity | 23 |
| designated by the transportation agency or under the | 24 |
| public-private agreement and the taking of the actions the | 25 |
| transportation agency finds appropriate to ensure that the | 26 |
| transportation project is properly maintained. |
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| (7) Reimbursement to be paid to the transportation | 2 |
| agency as set forth in the public-private agreement for | 3 |
| services provided by the transportation agency. | 4 |
| (8) Filing of appropriate financial statements and | 5 |
| reports as set forth in the public-private agreement or as | 6 |
| otherwise in a form acceptable to the transportation agency | 7 |
| on a periodic basis. | 8 |
| (9) Compensation or payments to the contractor. | 9 |
| Compensation or payments may include any or a combination | 10 |
| of the following: | 11 |
| (A) a base fee and additional fee for project | 12 |
| savings as the design-builder of a construction | 13 |
| project; | 14 |
| (B) a development fee, payable on a lump sum basis, | 15 |
| progress payment basis, time and materials basis, or | 16 |
| another basis deemed appropriate by the transportation | 17 |
| agency; | 18 |
| (C) an operations fee, payable on a lump-sum basis, | 19 |
| time and material basis, periodic basis, or another | 20 |
| basis deemed appropriate by the transportation agency; | 21 |
| (D) some or all of the revenues, if any, arising | 22 |
| out of operation of the transportation project; | 23 |
| (E) a maximum rate of return on investment or | 24 |
| return on equity or a combination of the 2; | 25 |
| (F) in-kind services, materials, property, | 26 |
| equipment, or other items; |
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| (G) compensation in the event of any termination; | 2 |
| or | 3 |
| (H) other compensation set forth in the | 4 |
| public-private agreement or otherwise deemed | 5 |
| appropriate by the transportation agency. | 6 |
| (10) Compensation or payments to the transportation | 7 |
| agency, if any. Compensation or payments may include any or | 8 |
| a combination of the following:
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| (A) a concession or lease payment or other fee, | 10 |
| which may be payable upfront or on a periodic basis or | 11 |
| on another basis deemed appropriate by the | 12 |
| transportation agency; | 13 |
| (B) sharing of revenues, if any, from the operation | 14 |
| of the transportation project; | 15 |
| (C) sharing of project savings from the | 16 |
| construction of the transportation project; | 17 |
| (D) payment for any services, materials, | 18 |
| equipment, personnel, or other items provided by the | 19 |
| transportation agency to the contractor under the | 20 |
| public-private agreement or in connection with the | 21 |
| transportation project; or | 22 |
| (E) other compensation set forth in the | 23 |
| public-private agreement or otherwise deemed | 24 |
| appropriate by the transportation agency. | 25 |
| (11) The date and terms of termination of the | 26 |
| contractor's authority and duties under the public-private |
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| agreement and the circumstances under which the | 2 |
| contractor's authority and duties may be terminated prior | 3 |
| to that date. | 4 |
| (12) Reversion of the transportation project to the | 5 |
| transportation agency at the termination or expiration of | 6 |
| the public-private agreement. | 7 |
| (13) Rights and remedies of the transportation agency | 8 |
| in the event that the contractor defaults or otherwise | 9 |
| fails to comply with the terms of the public-private | 10 |
| agreement. | 11 |
| (14) Other terms, conditions, and provisions that the | 12 |
| transportation agency believes are in the public interest. | 13 |
| (c) The transportation agency may fix and revise the | 14 |
| amounts of user fees that a contractor may charge and collect | 15 |
| for the use of any part of a transportation project in | 16 |
| accordance with the public-private agreement. In fixing the | 17 |
| amounts, the transportation agency may establish maximum | 18 |
| amounts for the user fees and may provide that the maximums and | 19 |
| any increases or decreases of those maximums shall be based | 20 |
| upon the indices, methodologies, or other factors the | 21 |
| transportation agency considers appropriate. | 22 |
| (d) A public-private agreement may: | 23 |
| (1) authorize the imposition of tolls in any manner | 24 |
| determined appropriate by the transportation agency for | 25 |
| the transportation project; | 26 |
| (2) authorize the contractor to adjust the user fees |
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| for the use of the transportation project, so long as the | 2 |
| amounts charged and collected by the contractor do not | 3 |
| exceed the maximum amounts established by the | 4 |
| transportation agency under this Act; | 5 |
| (3) provide that any adjustment by the contractor | 6 |
| permitted under paragraph (2) of this subsection (d) may be | 7 |
| based on the indices, methodologies, or other factors | 8 |
| described in the public-private agreement or approved by | 9 |
| the transportation agency; | 10 |
| (4) authorize the contractor to charge and collect user | 11 |
| fees through manual and non-manual methods, including, but | 12 |
| not limited to, automatic vehicle identification systems, | 13 |
| electronic toll collection systems, and, to the extent | 14 |
| permitted by law, global positioning system-based, | 15 |
| photo-based, or video-based toll collection enforcement; | 16 |
| and | 17 |
| (5) authorize the collection of user fees by a third | 18 |
| party. | 19 |
| (e) In the public-private agreement, the transportation | 20 |
| agency may agree to make grants or loans for the development or | 21 |
| operation, or both, of the transportation project from time to | 22 |
| time from amounts received from the federal government or any | 23 |
| agency or instrumentality of the federal government or from any | 24 |
| State or local agency. | 25 |
| (f) Upon the termination or expiration of the | 26 |
| public-private agreement, including a termination for default, |
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| the transportation agency shall have the right to take over the | 2 |
| transportation project and to succeed to all of the right, | 3 |
| title, and interest in the transportation project, subject to | 4 |
| any liens on revenues previously granted by the contractor to | 5 |
| any person providing financing for the transportation project. | 6 |
| (g) If a transportation agency elects to take over a | 7 |
| transportation project as provided in subsection (f), the | 8 |
| transportation agency may do the following: | 9 |
| (1) develop, finance, or operate the project; or | 10 |
| (2) impose, collect, retain, and use user fees, if any, | 11 |
| for the project. | 12 |
| (h) If a transportation agency elects to take over a | 13 |
| transportation project as provided in subsection (f), the | 14 |
| transportation agency may use the revenues, if any, for any | 15 |
| lawful purpose, including to: | 16 |
| (1) make payments to individuals or entities in | 17 |
| connection with any financing of the transportation | 18 |
| project; | 19 |
| (2) pay development costs of the project; | 20 |
| (3) pay current operation costs of the project or | 21 |
| facilities; | 22 |
| (4) pay the contractor for any compensation or payment | 23 |
| owing upon termination; and | 24 |
| (5) pay for the development, financing, or operation of | 25 |
| any other project or projects the transportation agency | 26 |
| deems appropriate.
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| (i) The full faith and credit of the State or any political | 2 |
| subdivision of the State or the transportation agency is not | 3 |
| pledged to secure any financing of the contractor by the | 4 |
| election to take over the transportation project. Assumption of | 5 |
| development or operation, or both, of the transportation | 6 |
| project does not obligate the State or any political | 7 |
| subdivision of the State or the transportation agency to pay | 8 |
| any obligation of the contractor.
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| (j) Notwithstanding any other provision of this Act, the | 10 |
| transportation agency may enter into a public-private | 11 |
| agreement with multiple private entities if the transportation | 12 |
| agency determines in writing that it is in the public interest | 13 |
| to do so.
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| Section 30. Development and operations standards for | 15 |
| transportation projects. | 16 |
| (a) The plans and specifications, if any, for each project | 17 |
| developed under this Act must comply with: | 18 |
| (1) the transportation agency's standards for other | 19 |
| projects of a similar nature or as otherwise provided in | 20 |
| the public-private agreement; and | 21 |
| (2) any other applicable State or federal standards. | 22 |
| (b) Each highway project constructed or operated under this | 23 |
| Act is considered to be part of: | 24 |
| (1) the State highway system for purposes of | 25 |
| identification, maintenance standards, and enforcement of |
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| traffic laws if the highway project is under the | 2 |
| jurisdiction of the Department; or | 3 |
| (2) the toll highway system for purposes of | 4 |
| identification, maintenance standards, and enforcement of | 5 |
| traffic laws if the highway project is under the | 6 |
| jurisdiction of the Authority. | 7 |
| (c) Any local or State agency may enter into agreements | 8 |
| with the contractor for maintenance or other services under | 9 |
| this Act.
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| Section 35. Financial arrangements. | 11 |
| (a) The transportation agency may do any combination of | 12 |
| applying for, executing, or endorsing applications submitted | 13 |
| by private entities to obtain federal, State, or local credit | 14 |
| assistance for transportation projects developed, financed, or | 15 |
| operated under this Act, including loans, lines of credit, and | 16 |
| guarantees.
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| (b) The transportation agency may take any action to obtain | 18 |
| federal, State, or local assistance for a transportation | 19 |
| project that serves the public purpose of this Act and may | 20 |
| enter into any contracts required to receive the federal | 21 |
| assistance. The transportation agency may determine that it | 22 |
| serves the public purpose of this Act for all or any portion of | 23 |
| the costs of a transportation project to be paid, directly or | 24 |
| indirectly, from the proceeds of a grant or loan, line of | 25 |
| credit, or loan guarantee made by a local, State, or federal |
|
|
|
09600SB0108sam001 |
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LRB096 04849 AJT 23534 a |
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| 1 |
| government or any agency or instrumentality of a local, State, | 2 |
| or federal government. | 3 |
| (c) The transportation agency may agree to make grants or | 4 |
| loans for the development, financing, or operation of a | 5 |
| transportation project from time to time, from amounts received | 6 |
| from the federal, State, or local government or any agency or | 7 |
| instrumentality of the federal, State, or local government. | 8 |
| (d) Any financing of a transportation project may be in the | 9 |
| amounts and upon the terms and conditions that are determined | 10 |
| by the parties to the public-private agreement. | 11 |
| (e) For the purpose of financing a transportation project, | 12 |
| the contractor and the transportation agency may do the | 13 |
| following: | 14 |
| (1) propose to use any and all revenues that may be | 15 |
| available to them; | 16 |
| (2) enter into grant agreements; | 17 |
| (3) access any other funds available to the | 18 |
| transportation agency; and | 19 |
| (4) accept grants from the transportation agency or | 20 |
| other public or private agency or entity. | 21 |
| (f) For the purpose of financing a transportation project, | 22 |
| public funds may be used and mixed and aggregated with funds | 23 |
| provided by or on behalf of the contractor or other private | 24 |
| entities. | 25 |
| (g) For the purpose of financing a transportation project, | 26 |
| each transportation agency is authorized to apply for an |
|
|
|
09600SB0108sam001 |
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| 1 |
| allocation of tax-exempt bond financing authorization provided | 2 |
| by Section 11143 of the Federal Safe, Accountable, Flexible, | 3 |
| Efficient Transportation Equity Act: A Legacy for Users | 4 |
| (SAFETEA-LU), Public Law 109-59, as well as financing available | 5 |
| under any other federal law or program. | 6 |
| (h) Any bonds, debt, or other securities or other financing | 7 |
| issued for the purposes of this Act shall not be deemed to | 8 |
| constitute a debt of the State or any political subdivision of | 9 |
| the State or a pledge of the faith and credit of the State or | 10 |
| any political subdivision of the State.
| 11 |
| Section 40. Acquisition of property.
| 12 |
| (a) The transportation agency may exercise any power of | 13 |
| condemnation that it has under law for the purpose of acquiring | 14 |
| any lands or estates or interests in land for a transportation | 15 |
| project to the extent provided in the public-private agreement | 16 |
| or otherwise to the extent that the transportation agency finds | 17 |
| that the action serves the public purpose of this Act. | 18 |
| (b) The transportation agency and a contractor may enter | 19 |
| into the leases, licenses, easements, and other grants of | 20 |
| property interests that the transportation agency determines | 21 |
| necessary to carry out this Act.
| 22 |
| Section 45. Labor; law enforcement.
| 23 |
| (a) A public-private agreement related to a transportation | 24 |
| project pertaining to an existing transportation facility |
|
|
|
09600SB0108sam001 |
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| 1 |
| shall require the contractor to assume all existing collective | 2 |
| bargaining agreement obligations related to employees of the | 3 |
| transportation agency employed in relation to that facility. | 4 |
| (b) A public-private agreement related to a transportation | 5 |
| project pertaining to a new transportation facility shall | 6 |
| require the contractor to enter into a project labor agreement | 7 |
| that must include provisions establishing the minimum hourly | 8 |
| wage, benefits, and other compensation for each class of labor | 9 |
| organization employee and such other terms as are negotiated | 10 |
| between the contractor and the labor organizations. | 11 |
| (c) All law enforcement officers of the State and of each | 12 |
| affected local jurisdiction have the same powers and | 13 |
| jurisdiction within the limits of the transportation project as | 14 |
| they have in their respective areas of jurisdiction. | 15 |
| (d) Law enforcement officers shall have access to the | 16 |
| transportation project at any time for the purpose of | 17 |
| exercising the law enforcement officers' powers and | 18 |
| jurisdiction. | 19 |
| (e) The traffic and motor vehicle laws of the State of | 20 |
| Illinois or, if applicable, any local jurisdiction shall be the | 21 |
| same as those applying to conduct on similar projects in the | 22 |
| State of Illinois or the local jurisdiction. | 23 |
| (f) Punishment for infractions and offenses shall be as | 24 |
| prescribed by law for conduct occurring on similar projects in | 25 |
| the State of Illinois or the local jurisdiction.
|
|
|
|
09600SB0108sam001 |
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| 1 |
| Section 50. Term of agreement; reversion of property to | 2 |
| transportation agency.
| 3 |
| (a) The term of a public-private agreement, including all | 4 |
| extensions, may not exceed 99 years. | 5 |
| (b) The transportation agency shall terminate the | 6 |
| contractor's authority and duties under the public-private | 7 |
| agreement on the date set forth in the public-private | 8 |
| agreement. | 9 |
| (c) Upon termination of the public-private agreement, the | 10 |
| authority and duties of the contractor under this Act cease, | 11 |
| except for those duties and obligations that extend beyond the | 12 |
| termination, as set forth in the public-private agreement, and | 13 |
| the transportation project shall revert to the transportation | 14 |
| agency.
| 15 |
| Section 55. Additional powers of transportation agencies | 16 |
| with respect to transportation projects.
| 17 |
| (a) Each transportation agency may exercise any powers | 18 |
| provided under this Act in participation or cooperation with | 19 |
| any governmental entity and enter into any contracts to | 20 |
| facilitate that participation or cooperation without | 21 |
| compliance with any other statute. | 22 |
| (b) Each transportation agency may make and enter into all | 23 |
| contracts and agreements necessary or incidental to the | 24 |
| performance of the transportation agency's duties and the | 25 |
| execution of the transportation agency's powers under this Act. |
|
|
|
09600SB0108sam001 |
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| 1 |
| Except as otherwise required by law, these contracts or | 2 |
| agreements are not subject to any approvals other than the | 3 |
| approval of the transportation agency and may be for any term | 4 |
| of years and contain any terms that are considered reasonable | 5 |
| by the transportation agency. | 6 |
| (c) Each transportation agency may pay the costs incurred | 7 |
| under a public-private agreement entered into under this Act | 8 |
| from any funds available to the transportation agency under | 9 |
| this Act or any other statute. | 10 |
| (d) A transportation agency or other State agency may not | 11 |
| take any action that would impair a public-private agreement | 12 |
| entered into under this Act. | 13 |
| (e) Each transportation agency may enter into an agreement | 14 |
| between and among the contractor, the transportation agency, | 15 |
| and the Department of State Police concerning the provision of | 16 |
| law enforcement assistance with respect to a transportation | 17 |
| project that is the subject of a public-private agreement under | 18 |
| this Act. | 19 |
| (f) Each transportation agency is authorized to enter into | 20 |
| arrangements with the Department of State Police related to | 21 |
| costs incurred in providing law enforcement assistance under | 22 |
| this Act.
| 23 |
| Section 60. Prohibited local action.
A unit of local | 24 |
| government may not take any action that would have the effect | 25 |
| of impairing a public-private agreement under this Act.
|
|
|
|
09600SB0108sam001 |
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| 1 |
| Section 65. Powers liberally construed.
The powers | 2 |
| conferred by this Act shall be liberally construed in order to | 3 |
| accomplish their purposes and shall be in addition and | 4 |
| supplemental to the powers conferred by any other law. If any | 5 |
| other law or rule is inconsistent with this Act, this Act is | 6 |
| controlling as to any public-private agreement entered into | 7 |
| under this Act.
| 8 |
| Section 70. Full and complete authority.
This Act contains | 9 |
| full and complete authority for agreements and leases with | 10 |
| private entities to carry out the activities described in this | 11 |
| Act. Except as otherwise required by law, no procedure, | 12 |
| proceedings, publications, notices, consents, approvals, | 13 |
| orders, or acts by the transportation agency or any other State | 14 |
| or local agency or official are required to enter into an | 15 |
| agreement or lease.
| 16 |
| Section 905. The Department of Transportation Law of the
| 17 |
| Civil Administrative Code of Illinois is amended by adding | 18 |
| Section 2705-220 as follows: | 19 |
| (20 ILCS 2705/2705-220 new)
| 20 |
| Sec. 2705-220. Public-private partnerships for | 21 |
| transportation. The Department may exercise all powers granted | 22 |
| to it under the Public-Private Partnerships for Transportation |
|
|
|
09600SB0108sam001 |
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| 1 |
| Act.
| 2 |
| Section 910. The Illinois Finance Authority Act is amended | 3 |
| by adding Section 825-100 as follows: | 4 |
| (20 ILCS 3501/825-100 new)
| 5 |
| Sec. 825-100. Transportation project financing. For the | 6 |
| purpose of financing a transportation project undertaken under | 7 |
| the Public-Private Partnerships for Transportation Act, the | 8 |
| Authority is authorized to apply for an allocation of | 9 |
| tax-exempt bond financing authorization provided by Section | 10 |
| 11143 of the Federal Safe, Accountable, Flexible, Efficient | 11 |
| Transportation Equity Act: A Legacy for Users (SAFETEA-LU), | 12 |
| Public Law 109-59, as well as financing available under any | 13 |
| other federal law or program. | 14 |
| Section 915. The Illinois Procurement Code is amended by | 15 |
| changing Section 1-10 as follows:
| 16 |
| (30 ILCS 500/1-10)
| 17 |
| Sec. 1-10. Application.
| 18 |
| (a) This Code applies only to procurements for which | 19 |
| contractors were first
solicited on or after July 1, 1998. This | 20 |
| Code shall not be construed to affect
or impair any contract, | 21 |
| or any provision of a contract, entered into based on a
| 22 |
| solicitation prior to the implementation date of this Code as |
|
|
|
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| 1 |
| described in
Article 99, including but not limited to any | 2 |
| covenant entered into with respect
to any revenue bonds or | 3 |
| similar instruments.
All procurements for which contracts are | 4 |
| solicited between the effective date
of Articles 50 and 99 and | 5 |
| July 1, 1998 shall be substantially in accordance
with this | 6 |
| Code and its intent.
| 7 |
| (b) This Code shall apply regardless of the source of the | 8 |
| funds with which
the contracts are paid, including federal | 9 |
| assistance moneys.
This Code shall
not apply to:
| 10 |
| (1) Contracts between the State and its political | 11 |
| subdivisions or other
governments, or between State | 12 |
| governmental bodies except as specifically
provided in | 13 |
| this Code.
| 14 |
| (2) Grants, except for the filing requirements of | 15 |
| Section 20-80.
| 16 |
| (3) Purchase of care.
| 17 |
| (4) Hiring of an individual as employee and not as an | 18 |
| independent
contractor, whether pursuant to an employment | 19 |
| code or policy or by contract
directly with that | 20 |
| individual.
| 21 |
| (5) Collective bargaining contracts.
| 22 |
| (6) Purchase of real estate, except that notice of this | 23 |
| type of contract with a value of more than $25,000 must be | 24 |
| published in the Procurement Bulletin within 7 days after | 25 |
| the deed is recorded in the county of jurisdiction. The | 26 |
| notice shall identify the real estate purchased, the names |
|
|
|
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| 1 |
| of all parties to the contract, the value of the contract, | 2 |
| and the effective date of the contract.
| 3 |
| (7) Contracts necessary to prepare for anticipated | 4 |
| litigation, enforcement
actions, or investigations, | 5 |
| provided
that the chief legal counsel to the Governor shall | 6 |
| give his or her prior
approval when the procuring agency is | 7 |
| one subject to the jurisdiction of the
Governor, and | 8 |
| provided that the chief legal counsel of any other | 9 |
| procuring
entity
subject to this Code shall give his or her | 10 |
| prior approval when the procuring
entity is not one subject | 11 |
| to the jurisdiction of the Governor.
| 12 |
| (8) Contracts for
services to Northern Illinois | 13 |
| University by a person, acting as
an independent | 14 |
| contractor, who is qualified by education, experience, and
| 15 |
| technical ability and is selected by negotiation for the | 16 |
| purpose of providing
non-credit educational service | 17 |
| activities or products by means of specialized
programs | 18 |
| offered by the university.
| 19 |
| (9) Procurement expenditures by the Illinois | 20 |
| Conservation Foundation
when only private funds are used.
| 21 |
| (10) Public-private agreements entered into according | 22 |
| to the procurement requirements of Section 20 of the | 23 |
| Public-Private Partnerships for Transportation Act.
| 24 |
| (c) This Code does not apply to the electric power | 25 |
| procurement process provided for under Section 1-75 of the | 26 |
| Illinois Power Agency Act and Section 16-111.5 of the Public |
|
|
|
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| 1 |
| Utilities Act. | 2 |
| (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | 3 |
| 95-876, eff. 8-21-08.)
| 4 |
| Section 920. The Public Construction Bond Act is amended by | 5 |
| adding Section 1.5 as follows: | 6 |
| (30 ILCS 550/1.5 new) | 7 |
| Sec. 1.5. Public-private agreements. This Act applies to | 8 |
| any public-private agreement entered into under the | 9 |
| Public-Private Partnerships for Transportation Act or Article | 10 |
| II-A of the Regional Transportation Authority Act. | 11 |
| Section 925. The Public Works Preference Act is amended by | 12 |
| adding Section 4.5 as follows: | 13 |
| (30 ILCS 560/4.5 new) | 14 |
| Sec. 4.5. Public-private agreements. This Act applies to | 15 |
| any public-private agreement entered into under the | 16 |
| Public-Private Partnerships for Transportation Act or Article | 17 |
| II-A of the Regional Transportation Authority Act. | 18 |
| Section 930. The Employment of Illinois Workers on Public | 19 |
| Works Act is amended by adding Section 2.5 as follows: | 20 |
| (30 ILCS 570/2.5 new) |
|
|
|
09600SB0108sam001 |
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| 1 |
| Sec. 2.5. Public-private agreements. This Act applies to | 2 |
| any public-private agreement entered into under the | 3 |
| Public-Private Partnerships for Transportation Act or Article | 4 |
| II-A of the Regional Transportation Authority Act. | 5 |
| Section 935. The Business Enterprise for Minorities, | 6 |
| Females, and Persons with
Disabilities Act is amended by adding | 7 |
| Section 2.5 as follows: | 8 |
| (30 ILCS 575/2.5 new)
| 9 |
| Sec. 2.5. Public-private agreements. This Act applies to | 10 |
| any public-private agreement entered into under the | 11 |
| Public-Private Partnerships for Transportation Act.
| 12 |
| Section 940. The Retailers' Occupation Tax Act is amended | 13 |
| by adding Section 1q as follows: | 14 |
| (35 ILCS 120/1q new) | 15 |
| Sec. 1q. Building materials exemption; public-private | 16 |
| partnership transportation projects. | 17 |
| (a) Each retailer that makes a qualified sale of building | 18 |
| materials to be incorporated into a "project" as defined in the | 19 |
| Public-Private Partnerships for Transportation Act or Article | 20 |
| II-A of the Regional Transportation Authority Act, by | 21 |
| remodeling, rehabilitating, or new construction, may deduct | 22 |
| receipts from those sales when calculating the tax imposed by |
|
|
|
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| 1 |
| this Act. | 2 |
| (b) As used in this Section, "qualified sale" means a sale | 3 |
| of building materials that will be incorporated into a project | 4 |
| for which a Certificate of Eligibility for Sales Tax Exemption | 5 |
| has been issued by the agency having authority over the | 6 |
| project. | 7 |
| (c) To document the exemption allowed under this Section, | 8 |
| the retailer must obtain from the purchaser a copy of the | 9 |
| Certificate of Eligibility for Sales Tax Exemption issued by | 10 |
| the agency having jurisdiction over the project into which the | 11 |
| building materials will be incorporated is located. The | 12 |
| Certificate of Eligibility for Sales Tax Exemption must contain | 13 |
| all of the following: | 14 |
| (1) a statement that the project identified in the | 15 |
| Certificate meets all the requirements of the agency having | 16 |
| authority over the project; | 17 |
| (2) the location or address of the project; and | 18 |
| (3) the signature of the director of the agency with | 19 |
| authority over the project or the director's delegate. | 20 |
| (d) In addition to meeting the requirements of subsection | 21 |
| (c), the retailer must obtain a certificate from the purchaser | 22 |
| that contains all of the following: | 23 |
| (1) a statement that the building materials are being | 24 |
| purchased for incorporation into a project in accordance | 25 |
| with the Public-Private Partnerships for Transportation | 26 |
| Act; |
|
|
|
09600SB0108sam001 |
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LRB096 04849 AJT 23534 a |
|
| 1 |
| (2) the location or address of the project into which | 2 |
| the building materials will be incorporated; | 3 |
| (3) the name of the project; | 4 |
| (4) a description of the building materials being | 5 |
| purchased;
and | 6 |
| (5) the purchaser's signature and date of purchase. | 7 |
| (e) This Section is exempt from Section 2-70 of this Act. | 8 |
| Section 945. The Property Tax Code is amended by changing | 9 |
| Sections 15-55 and 15-100 as follows: | 10 |
| (35 ILCS 200/15-55)
| 11 |
| Sec. 15-55. State property.
| 12 |
| (a) All property belonging to the State of Illinois
is | 13 |
| exempt. However, the State agency holding title shall file the | 14 |
| certificate
of ownership and use required by Section 15-10, | 15 |
| together with a copy of any
written lease or agreement, in | 16 |
| effect on March 30 of the assessment year,
concerning parcels | 17 |
| of 1 acre or more, or an explanation of the terms of any
oral | 18 |
| agreement under which the property is leased, subleased or | 19 |
| rented.
| 20 |
| The leased property shall be assessed to the lessee and the | 21 |
| taxes thereon
extended and billed to the lessee, and collected | 22 |
| in the same manner as
for property which is not exempt. The | 23 |
| lessee shall be liable
for the taxes and no lien shall attach | 24 |
| to the property of the State.
|
|
|
|
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| 1 |
| For the purposes of this Section, the word "leases" | 2 |
| includes
licenses, franchises, operating agreements and other | 3 |
| arrangements under which
private individuals, associations or | 4 |
| corporations are granted the right to use
property of the | 5 |
| Illinois State Toll Highway Authority and includes all property
| 6 |
| of the Authority used by others without regard to the size of | 7 |
| the leased
parcel.
| 8 |
| (b) However, all property of every kind belonging to the | 9 |
| State of
Illinois, which
is or may hereafter be leased to the | 10 |
| Illinois Prairie Path Corporation, shall
be exempt from all | 11 |
| assessments, taxation or collection, despite the making of
any | 12 |
| such lease, if it is used for:
| 13 |
| (1) conservation, nature trail or any other | 14 |
| charitable,
scientific,
educational or recreational | 15 |
| purposes with public benefit, including the
preserving and | 16 |
| aiding in the preservation of natural areas, objects, | 17 |
| flora,
fauna or biotic communities;
| 18 |
| (2) the establishment of footpaths, trails and other | 19 |
| protected
areas;
| 20 |
| (3) the conservation of the proper use of natural
| 21 |
| resources or the promotion of the study of plant and animal | 22 |
| communities and
of other phases of ecology, natural history | 23 |
| and conservation;
| 24 |
| (4) the promotion of education in the fields of nature,
| 25 |
| preservation and
conservation; or
| 26 |
| (5) similar public recreational activities conducted |
|
|
|
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| 1 |
| by the
Illinois
Prairie
Path Corporation.
| 2 |
| No lien shall attach to the property of the State. No tax | 3 |
| liability shall
become the obligation of or be enforceable | 4 |
| against Illinois Prairie Path
Corporation.
| 5 |
| (c) If the State sells the
James R.
Thompson Center
or the | 6 |
| Elgin Mental Health Center and surrounding land located at 750 | 7 |
| S.
State Street,
Elgin, Illinois, as provided in subdivision | 8 |
| (a)(2) of Section 7.4 of
the State Property Control Act,
to
| 9 |
| another entity whose property is not exempt and immediately | 10 |
| thereafter enters
into a
leaseback or other agreement that | 11 |
| directly or indirectly gives the State a
right to use,
control, | 12 |
| and possess the property, that portion of the property leased | 13 |
| and
occupied exclusively by the State shall remain exempt under | 14 |
| this
Section.
For the property to remain exempt under this | 15 |
| subsection (c), the State must
retain an
option to purchase the | 16 |
| property at a future date or, within the limitations
period for
| 17 |
| reverters, the property must revert back to the State.
| 18 |
| If the property has been conveyed as described in this | 19 |
| subsection (c), the
property
is no longer exempt pursuant to | 20 |
| this Section as of the date when:
| 21 |
| (1) the right of the State to use, control, and possess | 22 |
| the property has
been
terminated; or
| 23 |
| (2) the State no longer has an option to
purchase or | 24 |
| otherwise acquire the property and
there is no provision | 25 |
| for a reverter of the property to the State
within the | 26 |
| limitations period for reverters.
|
|
|
|
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| 1 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 2 |
| State shall notify the
chief
county assessment officer of any | 3 |
| transaction under this subsection (c). The
chief county
| 4 |
| assessment officer shall determine initial and continuing | 5 |
| compliance with the
requirements of this Section for tax | 6 |
| exemption. Failure to notify the chief
county
assessment | 7 |
| officer of a transaction under this subsection (c) or to | 8 |
| otherwise
comply with
the requirements of Sections 15-15 and | 9 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 10 |
| assessment officer, constitute cause to terminate the | 11 |
| exemption,
notwithstanding any other provision of this Code.
| 12 |
| (c-1) If the Illinois State Toll Highway Authority sells | 13 |
| the
Illinois State Toll Highway Authority headquarters | 14 |
| building and surrounding
land,
located at 2700 Ogden Avenue, | 15 |
| Downers Grove, Illinois
as provided in subdivision (a)(2) of | 16 |
| Section 7.5 of
the State Property Control Act,
to
another | 17 |
| entity whose property is not exempt and immediately thereafter | 18 |
| enters
into a
leaseback or other agreement that directly or | 19 |
| indirectly gives the State or the
Illinois State Toll Highway | 20 |
| Authority a
right to use,
control, and possess the property, | 21 |
| that portion of the property leased and
occupied exclusively by | 22 |
| the State or the Authority shall remain exempt under
this
| 23 |
| Section.
For the property to remain exempt under this | 24 |
| subsection (c), the Authority must
retain an
option to purchase | 25 |
| the property at a future date or, within the limitations
period | 26 |
| for
reverters, the property must revert back to the Authority.
|
|
|
|
09600SB0108sam001 |
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|
| 1 |
| If the property has been conveyed as described in this | 2 |
| subsection (c), the
property
is no longer exempt pursuant to | 3 |
| this Section as of the date when:
| 4 |
| (1) the right of the State or the Authority to use, | 5 |
| control, and possess
the
property has
been
terminated; or
| 6 |
| (2) the Authority no longer has an option to
purchase | 7 |
| or otherwise acquire the property and
there is no provision | 8 |
| for a reverter of the property to the Authority
within the | 9 |
| limitations period for reverters.
| 10 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 11 |
| Authority
shall notify the
chief
county assessment officer of | 12 |
| any transaction under this subsection (c). The
chief county
| 13 |
| assessment officer shall determine initial and continuing | 14 |
| compliance with the
requirements of this Section for tax | 15 |
| exemption. Failure to notify the chief
county
assessment | 16 |
| officer of a transaction under this subsection (c) or to | 17 |
| otherwise
comply with
the requirements of Sections 15-15 and | 18 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 19 |
| assessment officer, constitute cause to terminate the | 20 |
| exemption,
notwithstanding any other provision of this Code.
| 21 |
| (d) The fair market rent of each parcel of real property in | 22 |
| Will
County owned by the State of Illinois for the purpose of | 23 |
| developing an airport
by the Department of Transportation shall | 24 |
| include the assessed value of
leasehold tax. The lessee of each | 25 |
| parcel of real property in Will
County owned by
the
State of | 26 |
| Illinois for the purpose of developing an airport by the |
|
|
|
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| 1 |
| Department of
Transportation shall not be liable for the taxes | 2 |
| thereon. In order for the
State to
compensate taxing districts | 3 |
| for
the leasehold tax under this paragraph
the Will County | 4 |
| Supervisor of Assessments shall
certify, in
writing, to the
| 5 |
| Department of Transportation, the amount of leasehold taxes
| 6 |
| extended for the 2002 property tax
year for
each such exempt | 7 |
| parcel.
The Department of Transportation shall pay to the Will
| 8 |
| County
Treasurer, from the Tax Recovery Fund, on or before July | 9 |
| 1 of each
year, the amount of leasehold taxes for each such | 10 |
| exempt parcel as certified
by the Will County Supervisor of | 11 |
| Assessments. The tax compensation shall
terminate
on
December | 12 |
| 31, 2010. It is the duty of the Department of Transportation to | 13 |
| file
with the
Office of the Will County Supervisor of | 14 |
| Assessments an affidavit stating the
termination
date for | 15 |
| rental of each such parcel due to airport construction. The | 16 |
| affidavit
shall include
the property identification number for | 17 |
| each such parcel. In no instance shall
tax
compensation for | 18 |
| property owned by the State be deemed delinquent or bear
| 19 |
| interest. In
no instance shall a lien attach to the property of | 20 |
| the State. In no instance
shall the State
be required to pay | 21 |
| leasehold tax compensation in excess of the Tax
Recovery Fund's | 22 |
| balance.
| 23 |
| (e) Public Act 81-1026 applies to all leases or agreements | 24 |
| entered into
or
renewed on or after September 24, 1979.
| 25 |
| (f) Notwithstanding anything to the contrary in this | 26 |
| Section, all property owned by the State or the Illinois State |
|
|
|
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|
| 1 |
| Toll Highway Authority that is defined as a transportation | 2 |
| project under the Public-Private Partnerships for | 3 |
| Transportation Act and that is used for transportation purposes | 4 |
| and that is leased for those purposes to another entity whose | 5 |
| property is not exempt shall remain exempt, and any leasehold | 6 |
| interest in the property shall not be subject to taxation under | 7 |
| Section 9-195 of this Act.
| 8 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 9 |
| (35 ILCS 200/15-100)
| 10 |
| Sec. 15-100. Public transportation systems.
| 11 |
| (a) All property belonging to any
municipal corporation | 12 |
| created for the sole purpose of owning and operating a
| 13 |
| transportation system for public service is exempt.
| 14 |
| (b) Property owned by
(i) a municipal corporation of | 15 |
| 500,000 or more
inhabitants, used for public transportation | 16 |
| purposes, and
operated by the Chicago Transit Authority;
(ii) | 17 |
| the Regional Transportation Authority;
(iii) any
service board | 18 |
| or division of the Regional Transportation Authority; (iv) the
| 19 |
| Northeast Illinois Regional Commuter Railroad Corporation; or
| 20 |
| (v) the Chicago Transit Authority
shall be exempt.
For purposes | 21 |
| of this Section alone,
the Regional Transportation Authority, | 22 |
| any service board or division of the
Regional Transportation | 23 |
| Authority, the Northeast Illinois Regional Commuter
Railroad | 24 |
| Corporation, the Chicago Transit Authority, or a
municipal | 25 |
| corporation, as defined in item (i),
shall be deemed an |
|
|
|
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| 1 |
| "eligible transportation authority". | 2 |
| The
exemption provided in this subsection shall not be | 3 |
| affected by any transaction
in which : , | 4 |
| (1) for
the purpose of obtaining financing, the | 5 |
| eligible transportation authority,
directly or
indirectly, | 6 |
| leases or otherwise transfers such property to another | 7 |
| whose
property is not exempt and immediately thereafter | 8 |
| enters into a leaseback or
other agreement that directly or | 9 |
| indirectly gives the eligible transportation
authority
a | 10 |
| right to use, control, and possess the property ; or | 11 |
| (2) the eligible transportation authority leases, to | 12 |
| another entity whose property is not exempt, property that | 13 |
| is defined as a mass transportation project under Article | 14 |
| II-A of the Regional Transportation Authority Act and used | 15 |
| for transportation purposes . | 16 |
| In the case of a conveyance
of such property, the eligible | 17 |
| transportation authority must retain an option
to
purchase the | 18 |
| property at a future date or, within the limitations period for
| 19 |
| reverters, the property must revert back to the eligible | 20 |
| transportation
authority.
| 21 |
| (c) If such property has been conveyed as described in | 22 |
| paragraph (1) of subsection (b), the
property will no longer be | 23 |
| exempt pursuant to this Section as of the date when:
| 24 |
| (1) the right of the eligible transportation authority | 25 |
| to use, control,
and possess
the property has been | 26 |
| terminated;
|
|
|
|
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|
| 1 |
| (2) the eligible transportation authority no longer | 2 |
| has an option to
purchase or otherwise acquire the | 3 |
| property; and
| 4 |
| (3) there is no provision for a reverter of the | 5 |
| property to the eligible
transportation authority within | 6 |
| the limitations period for reverters.
| 7 |
| (d) Pursuant to Sections 15-15 and 15-20 of this Code, the | 8 |
| eligible
transportation authority shall notify the chief | 9 |
| county assessment officer of
any transaction under subsection | 10 |
| (b) of this Section. The chief county
assessment officer shall
| 11 |
| determine initial and continuing compliance with the | 12 |
| requirements of this
Section for tax exemption. Failure to | 13 |
| notify the chief county assessment
officer of a transaction | 14 |
| under this Section or to otherwise comply with the
requirements | 15 |
| of Sections
15-15 and 15-20 of this Code shall, in the | 16 |
| discretion of the chief county
assessment officer, constitute | 17 |
| cause to terminate the exemption,
notwithstanding any other | 18 |
| provision of this Code.
| 19 |
| (e) No provision of this Section shall be construed to | 20 |
| affect the obligation
of the eligible transportation authority | 21 |
| to which an exemption certificate has
been issued
under this | 22 |
| Section from its obligation under Section 15-10 of this Code to | 23 |
| file
an annual certificate of status or to notify the chief | 24 |
| county assessment
officer of transfers of interest or other | 25 |
| changes in the status of the property
as required by this Code.
| 26 |
| (f) The changes made by this amendatory Act of 1997 are |
|
|
|
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|
| 1 |
| declarative of
existing law and shall not be construed as a new | 2 |
| enactment.
| 3 |
| (Source: P.A. 90-562, eff. 12-16-97.)
| 4 |
| Section 950. The Regional Transportation Authority Act is | 5 |
| amended by adding Article II-A and by adding Sections 2A.01, | 6 |
| 2A.05, 2A.10, 2A.15, 2A.20, 2A.25, 2A.30, 2A.35, 2A.40, 2A.45, | 7 |
| 2A.50, and 2A.55 as follows: | 8 |
| (70 ILCS 3615/Art. II-A heading new) | 9 |
| ARTICLE II-A. PUBLIC-PRIVATE PARTNERSHIPS. | 10 |
| (70 ILCS 3615/2A.01 new)
| 11 |
| Sec. 2A.01. Definitions. As used in this Article: | 12 |
| "Contractor" means a private entity that has entered into a | 13 |
| public-private agreement with the Authority or a Service Board | 14 |
| to provide services to or on behalf of the Authority or the | 15 |
| Service Board. | 16 |
| "Develop" or "development" means to do one or more of the | 17 |
| following: plan, design, develop, lease, acquire, install, | 18 |
| construct, reconstruct, rehabilitate, extend, or expand. | 19 |
| "Maintain" or "maintenance" includes ordinary maintenance, | 20 |
| repair, rehabilitation, capital maintenance, maintenance | 21 |
| replacement, and any other categories of maintenance that may | 22 |
| be designated by the Authority or a Service Board. | 23 |
| "Mass transportation project" or "project" means all or any |
|
|
|
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| 1 |
| portion of a project undertaken under this Article with respect | 2 |
| to any new or existing mass transit facility, public | 3 |
| transportation facility, or other transportation facility or | 4 |
| infrastructure under the jurisdiction of the Authority or a | 5 |
| Service Board. | 6 |
| "Offeror" means a private entity that has submitted a | 7 |
| proposal for a public-private agreement under this Article. | 8 |
| "Private entity" means any combination of one or more | 9 |
| individuals, corporations, general partnerships, limited | 10 |
| liability companies, limited partnerships, joint ventures, | 11 |
| business trusts, nonprofit entities, or other business | 12 |
| entities that are parties to a proposal for a mass | 13 |
| transportation project or an agreement related to a mass | 14 |
| transportation project. A public agency may provide services to | 15 |
| a contractor as a subcontractor or subconsultant without | 16 |
| affecting the private status of the private entity and the | 17 |
| ability to enter into a public-private agreement. | 18 |
| "Public-private agreement" means the public-private | 19 |
| agreement between the contractor and the Authority or a Service | 20 |
| Board relating to one or more of the development, financing, or | 21 |
| operation of a mass transportation project that is entered into | 22 |
| under this Article. | 23 |
| "Request for proposals" means all materials and documents | 24 |
| prepared by or on behalf of the Authority or a Service Board to | 25 |
| solicit proposals from offerors to enter into a public-private | 26 |
| agreement. |
|
|
|
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|
| 1 |
| "Request for qualifications" means all materials and | 2 |
| documents prepared by or on behalf of the Authority or a | 3 |
| Service Board to solicit qualification submittals from | 4 |
| offerors to enter into a public-private agreement. | 5 |
| "Revenues" means all revenues, including any combination | 6 |
| of: income; earnings and interest; user fees; lease payments; | 7 |
| allocations; federal, State, and local appropriations, grants, | 8 |
| loans, lines of credit, and credit guarantees; bond proceeds; | 9 |
| equity investments; service payments; or other receipts; | 10 |
| arising out of or in connection with a transportation project, | 11 |
| including the development, financing, and operation of a | 12 |
| transportation project. The term includes money received as | 13 |
| grants, loans, lines of credit, credit guarantees, or otherwise | 14 |
| in aid of a mass transportation project from the federal | 15 |
| government, the State, a unit of local government, or any | 16 |
| agency or instrumentality of the federal government, the State, | 17 |
| or a unit of local government. | 18 |
| "User fees" means the rates, fees, or other charges imposed | 19 |
| by the contractor for use of all or a portion of a mass | 20 |
| transportation project under a public-private agreement. | 21 |
| (70 ILCS 3615/2A.05 new)
| 22 |
| Sec. 2A.05. Formation of public-private agreements; | 23 |
| project planning. | 24 |
| (a) The Authority and the Service Boards may exercise the | 25 |
| powers granted by this Article to do some or all of develop, |
|
|
|
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|
| 1 |
| finance, and operate any part of one or more mass | 2 |
| transportation projects through public-private agreements with | 3 |
| one or more private entities. The Authority and each of the | 4 |
| Service Boards may use the revenues arising out of one mass | 5 |
| transportation project or public-private agreement and use | 6 |
| them for some or all of developing, financing, and operating | 7 |
| any part of one or more additional or other mass transportation | 8 |
| projects through public-private agreements with one or more | 9 |
| private entities or as otherwise deemed appropriate by the | 10 |
| Authority or the Service Board. | 11 |
| (b) A contractor has: | 12 |
| (1) all powers allowed by law generally to a private | 13 |
| entity having the same form of organization as the | 14 |
| contractor; and | 15 |
| (2) the power to develop, finance, and operate the mass | 16 |
| transportation project and impose user fees in connection | 17 |
| with the use of the mass transportation project, subject to | 18 |
| the terms of the public-private agreement. | 19 |
| No user fees may be imposed by the contractor except as set | 20 |
| forth in a public-private agreement. | 21 |
| (c) Each year, at least 30 days prior to the beginning of | 22 |
| the Authority's and each Service Board's fiscal year, the | 23 |
| Authority and each Service Board shall submit a description of | 24 |
| potential projects that the Authority and each Service Board is | 25 |
| considering undertaking under this Article to: | 26 |
| (1) the General Assembly, with respect to all such |
|
|
|
09600SB0108sam001 |
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|
| 1 |
| projects; | 2 |
| (2) each county, municipality, and metropolitan | 3 |
| planning organization, with respect to each project | 4 |
| located within its boundaries; and | 5 |
| (3) the Authority, with respect to each project that | 6 |
| each Service Board is considering undertaking. | 7 |
| (d) Any project undertaken under this Article shall be | 8 |
| subject to all applicable planning requirements otherwise | 9 |
| required by law, including land use planning, regional | 10 |
| planning, transportation planning, and environmental | 11 |
| compliance requirements. | 12 |
| (e) Any new transportation facility developed as a project | 13 |
| under this Article must be consistent with the metropolitan | 14 |
| planning organization's regional plan then in existence with | 15 |
| respect to each project located within a metropolitan planning | 16 |
| organization's boundaries. | 17 |
| (70 ILCS 3615/2A.10 new)
| 18 |
| Sec. 2A.10. Procurement process. | 19 |
| (a) The Authority and each of the Service Boards may | 20 |
| request proposals from private entities for some or all of the | 21 |
| development, financing, and operation of one or more mass | 22 |
| transportation projects. | 23 |
| (b) The Authority and each of the Service Boards may pursue | 24 |
| a competitive proposal process using a request for | 25 |
| qualifications and a request for proposals process or proceed |
|
|
|
09600SB0108sam001 |
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|
| 1 |
| directly to a request for proposals. | 2 |
| (c) If the Authority or the Service Board elects to utilize | 3 |
| a request for qualifications phase, it shall provide a public | 4 |
| notice of the request for qualifications for such period as | 5 |
| deemed appropriate or warranted by the Authority or the Service | 6 |
| Board and shall set forth requirements and evaluation criteria | 7 |
| in the request for qualifications. Upon receipt of | 8 |
| qualifications, the Authority or the Service Board shall choose | 9 |
| which parties that have submitted qualifications, if any, meet | 10 |
| the requirements and evaluation criteria in the request for | 11 |
| qualifications and shall issue requests for proposals only to | 12 |
| those parties. | 13 |
| (d) If the Authority or the Service Board has not issued a | 14 |
| request for qualification under this Section and intends to use | 15 |
| only a request for proposals procurement, the Authority or the | 16 |
| Service Board shall provide a public notice of the request for | 17 |
| proposals for a period deemed appropriate or warranted by the | 18 |
| Authority or the Service Board. | 19 |
| (e) A request for proposals shall: | 20 |
| (1) indicate in general terms the scope of work, goods, | 21 |
| and services sought to be procured; | 22 |
| (2) contain or incorporate by reference the | 23 |
| specifications and contractual terms and conditions | 24 |
| applicable to the procurement and the mass transportation | 25 |
| project; | 26 |
| (3) specify the factors, criteria, and other |
|
|
|
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|
| 1 |
| information that will be used in evaluating the proposals; | 2 |
| (4) contain or incorporate by reference the other | 3 |
| applicable contractual terms and conditions; and | 4 |
| (5) contain or incorporate by reference any other | 5 |
| provisions, materials, or documents the Authority or the | 6 |
| Service Board deems appropriate. | 7 |
| (f) The Authority or the Service Board shall determine the | 8 |
| evaluation criteria that are most appropriate for each mass | 9 |
| transportation project and shall set forth those criteria in | 10 |
| the request for proposals. The Authority or the Service Board | 11 |
| may use (i) a selection process that results in selection of | 12 |
| the proposal offering the best value to the public, (ii) a | 13 |
| selection process that results in selection of the proposal | 14 |
| offering the lowest price or cost or the highest payment to, or | 15 |
| revenue sharing with, the Authority or the Service Board, (iii) | 16 |
| a selection process that results in the imposition of the | 17 |
| lowest amount of user fees, or (iv) any other selection process | 18 |
| that the Authority or the Service Board determines is in the | 19 |
| best interests of the public. | 20 |
| (g) After the procedures required in this Article have been | 21 |
| completed, the Authority or the Service Board shall make a | 22 |
| determination as to whether the successful offeror should be | 23 |
| designated as the contractor for the mass transportation | 24 |
| project. | 25 |
| (h) After designating the successful offeror as the | 26 |
| contractor for the project, the Authority or the Service Board |
|
|
|
09600SB0108sam001 |
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|
| 1 |
| shall execute the public-private agreement and publish notice | 2 |
| of the execution of the public-private agreement. | 3 |
| (i) Any action to contest the validity of a public-private | 4 |
| agreement entered into under this Article must be brought no | 5 |
| later than 30 days after the date of publication of the notice | 6 |
| of execution of the public-private agreement. | 7 |
| (j) In addition to any other rights under this Article, in | 8 |
| connection with any procurement under this Article, the | 9 |
| following rights are reserved to the Authority and each of the | 10 |
| Service Boards: | 11 |
| (1) to withdraw a request for qualifications or a | 12 |
| request for proposals at any time. The Authority or the | 13 |
| Service Board may then publish a new request for | 14 |
| qualifications or request for proposals; | 15 |
| (2) to not award a public-private agreement for any | 16 |
| reason; | 17 |
| (3) to request clarifications to any qualification | 18 |
| submittal or request for proposals or seek one or more | 19 |
| revised proposals or one or more best and final offers or | 20 |
| conduct negotiations with one or more offerors; | 21 |
| (4) to modify, during the pendency of a procurement, | 22 |
| the terms, provisions, and conditions of a request for | 23 |
| qualification or request for proposals or the technical | 24 |
| specifications or form of a public-private agreement; | 25 |
| (5) to interview offerors;
and | 26 |
| (6) any other rights available to the Authority or the |
|
|
|
09600SB0108sam001 |
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|
| 1 |
| Service Board under applicable law and regulations. | 2 |
| (70 ILCS 3615/2A.15 new) | 3 |
| Sec. 2A.15. Public-private agreements. | 4 |
| (a) Before developing, financing, or operating the mass | 5 |
| transportation project, the contractor shall enter into a | 6 |
| public-private agreement with the Authority or the Service | 7 |
| Board. Subject to the other provisions of this Article, the | 8 |
| Authority or the Service Board and a private entity may enter | 9 |
| into a public-private agreement with respect to a project. | 10 |
| Subject to the requirements of this Article, a public-private | 11 |
| agreement may provide that the private entity, acting on behalf | 12 |
| of the Authority or the Service Board, is partially or entirely | 13 |
| responsible for any combination of developing, financing, or | 14 |
| operating the mass transportation project under terms set forth | 15 |
| in the public-private agreement. | 16 |
| (b) The public-private agreement may, as determined | 17 |
| appropriate by the Authority or the Service Board for the | 18 |
| particular mass transportation project, provide for some or all | 19 |
| of the following: | 20 |
| (1) Construction of the mass transportation project | 21 |
| under terms set forth in the public-private agreement, | 22 |
| which may include design-build construction. | 23 |
| (2) Delivery of performance and payment bonds or other | 24 |
| performance security determined suitable by the Authority | 25 |
| or the Service Board, including letters of credit, United |
|
|
|
09600SB0108sam001 |
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|
| 1 |
| States bonds and notes, parent guaranties, and cash | 2 |
| collateral, in connection with the development, financing, | 3 |
| or operation of the mass transportation project, in the | 4 |
| forms and amounts set forth in the public-private agreement | 5 |
| or otherwise determined as satisfactory by the Authority or | 6 |
| the Service Board, to protect the Authority or the Service | 7 |
| Board and payment bond beneficiaries who have a direct | 8 |
| contractual relationship with the contractor or a | 9 |
| subcontractor of the contractor to supply labor or | 10 |
| material. The payment or performance bond or alternative | 11 |
| form of performance security is not required for the | 12 |
| portion of a public-private agreement that includes only | 13 |
| design, planning or financing services, the performance of | 14 |
| preliminary studies, or the acquisition of real property. | 15 |
| (3) Review of plans for any development or operation, | 16 |
| or both, of the mass transportation project by the | 17 |
| Authority or the Service Board. | 18 |
| (4) Inspection of any construction of or improvements | 19 |
| to the mass transportation project by the Authority or the | 20 |
| Service Board or another entity designated by the Authority | 21 |
| or the Service Board or under the public-private agreement | 22 |
| to ensure that the construction or improvements conform to | 23 |
| the standards set forth in the public-private agreement or | 24 |
| are otherwise acceptable to the Authority or the Service | 25 |
| Board. | 26 |
| (5) Maintenance of: |
|
|
|
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| 1 |
| (A) one or more policies of public liability | 2 |
| insurance (copies of which shall be filed with the | 3 |
| Authority or the Service Board accompanied by proofs of | 4 |
| coverage); or | 5 |
| (B) self-insurance; | 6 |
| each in form and amount as set forth in the public-private | 7 |
| agreement or otherwise satisfactory to the Authority or the | 8 |
| Service Board as reasonably sufficient to insure coverage | 9 |
| of tort liability to the public and employees and to enable | 10 |
| the continued operation of the mass transportation | 11 |
| project. | 12 |
| (6) Where operations are included within the | 13 |
| contractor's obligations under the public-private | 14 |
| agreement, monitoring of the maintenance practices of the | 15 |
| contractor by the Authority or the Service Board or another | 16 |
| entity designated by the Authority or the Service Board or | 17 |
| under the public-private agreement and the taking of the | 18 |
| actions the Authority or the Service Board finds | 19 |
| appropriate to ensure that the mass transportation project | 20 |
| is properly maintained. | 21 |
| (7) Reimbursement to be paid to the Authority or the | 22 |
| Service Board as set forth in the public-private agreement | 23 |
| for services provided by the Authority or the Service | 24 |
| Board. | 25 |
| (8) Filing of appropriate financial statements and | 26 |
| reports as set forth in the public-private agreement or as |
|
|
|
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| 1 |
| otherwise in a form acceptable to the Authority or the | 2 |
| Service Board on a periodic basis. | 3 |
| (9) Compensation or payments to the contractor. | 4 |
| Compensation or payments may include any or a combination | 5 |
| of the following: | 6 |
| (A) a base fee and additional fee for project | 7 |
| savings as the design-builder of a construction | 8 |
| project; | 9 |
| (B) a development fee, payable on a lump sum basis, | 10 |
| progress payment basis, time and materials basis, or | 11 |
| another basis deemed appropriate by the Authority or | 12 |
| the Service Board; | 13 |
| (C) an operations fee, payable on a lump-sum basis, | 14 |
| time and material basis, periodic basis, or another | 15 |
| basis deemed appropriate by the Authority or the | 16 |
| Service Board; | 17 |
| (D) some or all of the revenues, if any, arising | 18 |
| out of operation of the mass transportation project; | 19 |
| (E) a maximum rate of return on investment or | 20 |
| return on equity or a combination of the 2; | 21 |
| (F) in-kind services, materials, property, | 22 |
| equipment, or other items; | 23 |
| (G) compensation in the event of any termination; | 24 |
| or | 25 |
| (H) other compensation set forth in the | 26 |
| public-private agreement or otherwise deemed |
|
|
|
09600SB0108sam001 |
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LRB096 04849 AJT 23534 a |
|
| 1 |
| appropriate by the Authority or the Service Board. | 2 |
| (10) Compensation or payments to the Authority or the | 3 |
| Service Board, if any. Compensation or payments may include | 4 |
| any or a combination of the following: | 5 |
| (A) a concession or lease payment or other fee, | 6 |
| which may be payable upfront or on a periodic basis or | 7 |
| on another basis deemed appropriate by the Authority or | 8 |
| the Service Board; | 9 |
| (B) sharing of revenues, if any, from the operation | 10 |
| of the mass transportation project; | 11 |
| (C) sharing of project savings from the | 12 |
| construction of the mass transportation project; | 13 |
| (D) payment for any services, materials, | 14 |
| equipment, personnel, or other items provided by the | 15 |
| Authority or the Service Board to the contractor under | 16 |
| the public-private agreement or in connection with the | 17 |
| mass transportation project; or | 18 |
| (E) other compensation set forth in the | 19 |
| public-private agreement or otherwise deemed | 20 |
| appropriate by the Authority or the Service Board. | 21 |
| (11) The date and terms of termination of the | 22 |
| contractor's authority and duties under the public-private | 23 |
| agreement and the circumstances under which the | 24 |
| contractor's authority and duties may be terminated prior | 25 |
| to that date. | 26 |
| (12) Reversion of the mass transportation project to |
|
|
|
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| 1 |
| the Authority or the Service Board at the termination or | 2 |
| expiration of the public-private agreement. | 3 |
| (13) Rights and remedies of the Authority or the | 4 |
| Service Board in the event that the contractor defaults or | 5 |
| otherwise fails to comply with the terms of the | 6 |
| public-private agreement. | 7 |
| (14) Other terms, conditions, and provisions that the | 8 |
| Authority or the Service Board believes are in the public | 9 |
| interest. | 10 |
| (c) The Authority and each Service Board may fix and revise | 11 |
| the amounts of user fees that a contractor may charge and | 12 |
| collect for the use of any part of a mass transportation | 13 |
| project in accordance with the public-private agreement. In | 14 |
| fixing the amounts, the Authority and the Service Board may | 15 |
| establish maximum amounts for the user fees and may provide | 16 |
| that the maximums and any increases or decreases of those | 17 |
| maximums shall be based upon the indices, methodologies, or | 18 |
| other factors the Authority or the Service Board considers | 19 |
| appropriate. | 20 |
| (d) A public-private agreement may: | 21 |
| (1) authorize user fees in any manner determined | 22 |
| appropriate by the Authority or the Service Board for the | 23 |
| mass transportation project; | 24 |
| (2) authorize the contractor to adjust the user fees | 25 |
| for the use of the mass transportation project, so long as | 26 |
| the amounts charged and collected by the contractor do not |
|
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| exceed the maximum amounts established by the Authority or | 2 |
| the Service Board under this Article; | 3 |
| (3) provide that any adjustment by the contractor | 4 |
| permitted under paragraph (2) of this subsection (d) may be | 5 |
| based on the indices, methodologies, or other factors | 6 |
| described in the public-private agreement or approved by | 7 |
| the Authority or the Service Board; | 8 |
| (4) authorize the contractor to charge and collect user | 9 |
| fees through methods determined appropriate by the | 10 |
| Authority or the Service Board for the mass transportation | 11 |
| project; and | 12 |
| (5) authorize the collection of user fees by a third | 13 |
| party. | 14 |
| (e) In the public-private agreement, the Authority or the | 15 |
| Service Board may agree to make grants or loans for the | 16 |
| development or operation, or both, of the mass transportation | 17 |
| project from time to time from amounts received from the | 18 |
| federal government or any agency or instrumentality of the | 19 |
| federal government or from any State or local agency. | 20 |
| (f) Upon the termination or expiration of the | 21 |
| public-private agreement, including a termination for default, | 22 |
| the Authority or the Service Board shall have the right to take | 23 |
| over the mass transportation project and to succeed to all of | 24 |
| the right, title, and interest in the mass transportation | 25 |
| project, subject to any liens on revenues previously granted by | 26 |
| the contractor to any person providing financing for the mass |
|
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| transportation project. | 2 |
| (g) If the Authority or a Service Board elects to take over | 3 |
| a mass transportation project as provided in subsection (f), | 4 |
| the Authority or the Service Board may do the following: | 5 |
| (1) develop, finance, or operate the project; or | 6 |
| (2) impose, collect, retain, and use user fees, if any, | 7 |
| for the project. | 8 |
| (h) If a transportation agency elects to take over a mass | 9 |
| transportation project as provided in subsection (f), the | 10 |
| Authority or the Service Board may use the revenues, if any, | 11 |
| for any lawful purpose, including to: | 12 |
| (1) make payments to individuals or entities in | 13 |
| connection with any financing of the mass transportation | 14 |
| project; | 15 |
| (2) pay development costs of the project; | 16 |
| (3) pay current operation costs of the project or | 17 |
| facilities; | 18 |
| (4) pay the contractor for any compensation or payment | 19 |
| owing upon termination; and | 20 |
| (5) pay for the development, financing, or operation of | 21 |
| any other project or projects the Authority or the Service | 22 |
| Board deems appropriate. | 23 |
| (i) The full faith and credit of the State, any political | 24 |
| subdivision of the State, the Authority, or any of the Service | 25 |
| Boards is not pledged to secure any financing of the contractor | 26 |
| by the election to take over the mass transportation project. |
|
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| Assumption of development or operation, or both, of the mass | 2 |
| transportation project does not obligate the State, any | 3 |
| political subdivision of the State, the Authority, or any of | 4 |
| the Service Boards to pay any obligation of the contractor. | 5 |
| (j) Notwithstanding any other provision of this Article, | 6 |
| the Authority or a Service Board may enter into a | 7 |
| public-private agreement with multiple private entities if the | 8 |
| Authority or the Service Board determines in writing that it is | 9 |
| in the public interest to do so. | 10 |
| (70 ILCS 3615/2A.20 new) | 11 |
| Sec. 2A.20. Development and operations standards for mass | 12 |
| transportation projects. | 13 |
| (a) The plans and specifications, if any, for each project | 14 |
| developed under this Article must comply with: | 15 |
| (1) the Authority's or the Service Board's standards | 16 |
| for other projects of a similar nature or as otherwise | 17 |
| provided in the public-private agreement; and | 18 |
| (2) any other applicable State or federal standards. | 19 |
| (b) Any local or State agency may enter into agreements | 20 |
| with the contractor for maintenance or other services under | 21 |
| this Article. | 22 |
| (70 ILCS 3615/2A.25 new) | 23 |
| Sec. 2A.25. Financial arrangements. | 24 |
| (a) The Authority and each Service Board may do any |
|
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| combination of applying for, executing, or endorsing | 2 |
| applications submitted by private entities to obtain federal, | 3 |
| State, or local credit assistance for mass transportation | 4 |
| projects developed, financed, or operated under this Article, | 5 |
| including loans, lines of credit, and guarantees. | 6 |
| (b) The Authority and each Service Board may take any | 7 |
| action to obtain federal, State, or local assistance for a mass | 8 |
| transportation project that serves the public purpose of this | 9 |
| Article and may enter into any contracts required to receive | 10 |
| the federal assistance. The Authority and each Service Board | 11 |
| may determine that it serves the public purpose of this Article | 12 |
| for all or any portion of the costs of a mass transportation | 13 |
| project to be paid, directly or indirectly, from the proceeds | 14 |
| of a grant, loan, line of credit, or loan guarantee made by a | 15 |
| local, State, or federal government or any agency or | 16 |
| instrumentality of a local, State, or federal government. | 17 |
| (c) The Authority and each Service Board may agree to make | 18 |
| grants or loans for the development, financing, or operation of | 19 |
| a mass transportation project from time to time from amounts | 20 |
| received from the federal, State, or local government or any | 21 |
| agency or instrumentality of the federal, State, or local | 22 |
| government. | 23 |
| (d) Any financing of a mass transportation project may be | 24 |
| in the amounts and upon the terms and conditions that are | 25 |
| determined by the parties to the public-private agreement. | 26 |
| (e) For the purpose of financing a mass transportation |
|
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| project, the contractor, the Authority, and each Service Board | 2 |
| may do the following: | 3 |
| (1) propose to use any and all revenues that may be | 4 |
| available to them; | 5 |
| (2) enter into grant agreements; | 6 |
| (3) access any other funds available to the Authority | 7 |
| or the Service Board; and | 8 |
| (4) accept grants from the Authority or the Service | 9 |
| Board or another public or private agency or entity. | 10 |
| (f) For the purpose of financing a mass transportation | 11 |
| project, public funds may be used and mixed and aggregated with | 12 |
| funds provided by or on behalf of the contractor or other | 13 |
| private entities. | 14 |
| (g) For the purpose of financing a mass transportation | 15 |
| project, the Authority and each Service Board shall be | 16 |
| authorized to apply for, obtain, issue, and use private | 17 |
| activity bonds available under any federal law or program, as | 18 |
| well as financing available under any other federal law or | 19 |
| program. | 20 |
| (h) Any bonds, debt, or other securities or other financing | 21 |
| issued for the purposes of this Article shall not be deemed to | 22 |
| constitute a debt of the State or any political subdivision of | 23 |
| the State or a pledge of the faith and credit of the State or | 24 |
| any political subdivision of the State. | 25 |
| (70 ILCS 3615/2A.30 new) |
|
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| Sec. 2A.30. Acquisition of property. | 2 |
| (a) The Authority and each Service Board may exercise any | 3 |
| power of condemnation that it has under law for the purpose of | 4 |
| acquiring any lands or estates or interests in land for a mass | 5 |
| transportation project, to the extent provided in the | 6 |
| public-private agreement or otherwise to the extent that the | 7 |
| Authority or the Service Board finds that the action serves the | 8 |
| public purpose of this Article. | 9 |
| (b) The Authority and each Service Board and a contractor | 10 |
| may enter into the leases, licenses, easements, and other | 11 |
| grants of property interests that the Authority and each | 12 |
| Service Board determines necessary to carry out this Article. | 13 |
| (70 ILCS 3615/2A.35 new) | 14 |
| Sec. 2A.35. Labor; law enforcement. | 15 |
| (a) A public-private agreement related to a mass | 16 |
| transportation project pertaining to an existing | 17 |
| transportation facility shall require the contractor to assume | 18 |
| all existing collective bargaining agreement obligations | 19 |
| related to employees of the Authority or Service Board employed | 20 |
| in relation to that facility. | 21 |
| (b) A public-private agreement related to a mass | 22 |
| transportation project pertaining to a new transportation | 23 |
| facility shall require the contractor to enter into a project | 24 |
| labor agreement that must include provisions establishing the | 25 |
| minimum hourly wage, benefits, and other compensation for each |
|
|
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| class of labor organization employee and such other terms as | 2 |
| are negotiated between the contractor and the labor | 3 |
| organizations. | 4 |
| (c) All law enforcement officers of the State and of each | 5 |
| affected local jurisdiction have the same powers and | 6 |
| jurisdiction within the limits of the mass transportation | 7 |
| project as they have in their respective areas of jurisdiction. | 8 |
| (d) Law enforcement officers shall have access to the mass | 9 |
| transportation project at any time for the purpose of | 10 |
| exercising the law enforcement officers' powers and | 11 |
| jurisdiction. | 12 |
| (e) Punishment for infractions and offenses shall be as | 13 |
| prescribed by law for conduct occurring on similar projects in | 14 |
| the jurisdiction.
| 15 |
| (70 ILCS 3615/2A.40 new) | 16 |
| Sec. 2A.40. Term of agreement; reversion of property to the | 17 |
| Authority or Service Board. | 18 |
| (a) The term of a public-private agreement, including all | 19 |
| extensions, may not exceed 99 years. | 20 |
| (b) The Authority or the Service Board shall terminate the | 21 |
| contractor's authority and duties under the public-private | 22 |
| agreement on the date set forth in the public-private | 23 |
| agreement.
| 24 |
| (c) Upon termination of the public-private agreement, the | 25 |
| authority and duties of the contractor under this Article |
|
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| cease, except for those duties and obligations that extend | 2 |
| beyond the termination, as set forth in the public-private | 3 |
| agreement, and the mass transportation project shall revert to | 4 |
| the Authority or the Service Board.
| 5 |
| (70 ILCS 3615/2A.45 new) | 6 |
| Sec. 2A.45. Additional powers of the Authority and the | 7 |
| Service Boards with respect to mass transportation projects. | 8 |
| (a) The Authority and the Service Boards may exercise any | 9 |
| powers provided under this Article in participation or | 10 |
| cooperation with any governmental entity and enter into any | 11 |
| contracts to facilitate that participation or cooperation | 12 |
| without compliance with any other statute.
| 13 |
| (b) The Authority and the Service Boards may make and enter | 14 |
| into all contracts and agreements necessary or incidental to | 15 |
| the performance of the Authority's or the Service Board's | 16 |
| duties and the execution of the Authority's or the Service | 17 |
| Board's powers under this Article. Except as otherwise required | 18 |
| by law, these contracts or agreements are not subject to any | 19 |
| approvals other than the approval of the Authority or the | 20 |
| Service Board and may be for any term of years and contain any | 21 |
| terms that are considered reasonable by the Authority or the | 22 |
| Service Board.
| 23 |
| (c) The Authority and the Service Boards may pay the costs | 24 |
| incurred under a public-private agreement entered into under | 25 |
| this Article from any funds available to the Authority or the |
|
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| Service Boards under this Article or any other statute.
| 2 |
| (d) A State agency may not take any action that would | 3 |
| impair a public-private agreement entered into under this | 4 |
| Article.
| 5 |
| (70 ILCS 3615/2A.50 new) | 6 |
| Sec. 2A.50. Powers liberally construed. The powers | 7 |
| conferred by this Article shall be liberally construed in order | 8 |
| to accomplish their purposes and shall be in addition and | 9 |
| supplemental to the powers conferred by any other law. If any | 10 |
| other law or rule is inconsistent with this Article, this | 11 |
| Article is controlling as to any public-private agreement | 12 |
| entered into under this Article.
| 13 |
| (70 ILCS 3615/2A.55 new) | 14 |
| Sec. 2A.55. Full and complete authority. This Article | 15 |
| contains full and complete authority for agreements and leases | 16 |
| with private entities to carry out the activities described in | 17 |
| this Article. Except as otherwise required by law, no | 18 |
| procedure, proceedings, publications, notices, consents, | 19 |
| approvals, orders, or acts by the Authority or the Service | 20 |
| Board or any other State or local agency or official are | 21 |
| required to enter into an agreement or lease. | 22 |
| Section 955. The Toll Highway Act is amended by adding | 23 |
| Section 11.1 as follows: |
|
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| (605 ILCS 10/11.1 new) | 2 |
| Sec. 11.1. Public-private partnerships. The Authority may | 3 |
| exercise all powers granted to it under the Public-Private | 4 |
| Partnerships for Transportation Act. | 5 |
| Section 960. The Prevailing Wage Act is amended by changing | 6 |
| Section 2 as follows:
| 7 |
| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 8 |
| Sec. 2. This Act applies to the wages of laborers, | 9 |
| mechanics and
other workers employed in any public works, as | 10 |
| hereinafter defined, by
any public body and to anyone under | 11 |
| contracts for public works. This includes any maintenance, | 12 |
| repair, assembly, or disassembly work performed on equipment | 13 |
| whether owned, leased, or rented.
| 14 |
| As used in this Act, unless the context indicates | 15 |
| otherwise:
| 16 |
| "Public works" means all fixed works constructed by
any | 17 |
| public body, other than work done directly by any public | 18 |
| utility
company, whether or not done under public supervision | 19 |
| or direction,
or paid for wholly or in part out of public | 20 |
| funds. "Public works" as
defined herein includes all projects | 21 |
| financed in whole
or in part with bonds issued under the | 22 |
| Industrial Project Revenue Bond
Act (Article 11, Division 74 of | 23 |
| the Illinois Municipal Code), the Industrial
Building Revenue |
|
|
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| Bond Act, the Illinois Finance Authority Act,
the Illinois | 2 |
| Sports Facilities Authority Act, or the Build Illinois Bond | 3 |
| Act,
and all projects financed in whole or in part with loans | 4 |
| or other funds made
available pursuant to the Build Illinois | 5 |
| Act. "Public works" also includes
(i) all projects financed in | 6 |
| whole or in part with funds from the Fund for
Illinois' Future | 7 |
| under Section 6z-47 of the State Finance Act, funds for school
| 8 |
| construction under Section 5 of the General Obligation Bond | 9 |
| Act, funds
authorized under Section 3 of the School | 10 |
| Construction Bond Act, funds for
school infrastructure under | 11 |
| Section 6z-45 of the State Finance Act, and funds
for | 12 |
| transportation purposes under Section 4 of the General | 13 |
| Obligation Bond
Act. "Public works" also includes all projects | 14 |
| financed in whole or in part
with funds from the Department of | 15 |
| Commerce and Economic Opportunity under the Illinois Renewable | 16 |
| Fuels Development Program
Act for which there is no project | 17 |
| labor agreement and (ii) all projects undertaken under a | 18 |
| public-private agreement under the Public-Private Partnerships | 19 |
| for Transportation Act or Article II-A of the Regional | 20 |
| Transportation Authority Act . "Public works" also includes all | 21 |
| projects at leased facility property used for airport purposes | 22 |
| under Section 35 of the Local Government Facility Lease Act.
| 23 |
| "Construction" means all work on public works involving | 24 |
| laborers,
workers or mechanics. This includes any maintenance, | 25 |
| repair, assembly, or disassembly work performed on equipment | 26 |
| whether owned, leased, or rented.
|
|
|
|
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| "Locality" means the county where the physical work upon | 2 |
| public works
is performed, except (1) that if there is not | 3 |
| available in the county a
sufficient number of competent | 4 |
| skilled laborers, workers and mechanics
to construct the public | 5 |
| works efficiently and properly, "locality"
includes any other | 6 |
| county nearest the one in which the work or
construction is to | 7 |
| be performed and from which such persons may be
obtained in | 8 |
| sufficient numbers to perform the work and (2) that, with
| 9 |
| respect to contracts for highway work with the Department of
| 10 |
| Transportation of this State, "locality" may at the discretion | 11 |
| of the
Secretary of the Department of Transportation be | 12 |
| construed to include
two or more adjacent counties from which | 13 |
| workers may be accessible for
work on such construction.
| 14 |
| "Public body" means the State or any officer, board or | 15 |
| commission of
the State or any political subdivision or | 16 |
| department thereof, or any
institution supported in whole or in | 17 |
| part by public funds,
and includes every county, city, town,
| 18 |
| village, township, school district, irrigation, utility, | 19 |
| reclamation
improvement or other district and every other | 20 |
| political subdivision,
district or municipality of the state | 21 |
| whether such political
subdivision, municipality or district | 22 |
| operates under a special charter
or not.
| 23 |
| The terms "general prevailing rate of hourly wages", | 24 |
| "general
prevailing rate of wages" or "prevailing rate of | 25 |
| wages" when used in
this Act mean the hourly cash wages plus | 26 |
| fringe benefits for training and
apprenticeship programs |
|
|
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| approved by the U.S. Department of Labor, Bureau of
| 2 |
| Apprenticeship and Training, health and welfare, insurance, | 3 |
| vacations and
pensions paid generally, in the
locality in which | 4 |
| the work is being performed, to employees engaged in
work of a | 5 |
| similar character on public works.
| 6 |
| (Source: P.A. 94-750, eff. 5-9-06; 95-341, eff. 8-21-07.)
| 7 |
| Section 999. Effective date. This Act takes effect upon | 8 |
| becoming law.".
|
|