Bill Text: IL HB0253 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Department of Transportation Law of the Civil Administrative Code. Requires the Department of Transportation to develop and publish a statewide multi-modal transportation improvement program for all transportation facilities under its jurisdiction and outlines the methods for developing the program. Requires the Department to develop a needs-based transit asset management plan for State-supported public transportation assets and make the plan publicly available on the Department's website. Requires the Department to develop a performance-based project selection process to prioritize taxpayer investment in State-owned transportation assets that add capacity, with input from specified stakeholders. Requires a summary of the project evaluation process, measures, program, and scores for all candidate projects to be published on the Department website in a timely manner. Amends the Regional Transportation Authority Act. Requires the Regional Transportation Authority to develop a transparent prioritization process for Northeastern Illinois transit projects receiving State capital funding. Requires a summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects to be published on the Authority's website in a timely manner. Provides that, starting April 1, 2022, no project shall be included in the 5-year capital program, or amendments to that program, without being evaluated under the selection process. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Passed) 2021-08-24 - Public Act . . . . . . . . . 102-0573 [HB0253 Detail]

Download: Illinois-2021-HB0253-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-203 as follows:
7 (20 ILCS 2705/2705-203 new)
8 Sec. 2705-203. Transportation asset management plan and
9performance-based programming.
10 (a) The General Assembly declares it to be in the public
11interest that a project prioritization process be developed
12and implemented to: improve the efficiency and effectiveness
13of the State's transportation system and transportation
14safety; enhance movement and multi-modal connections of people
15and goods; mitigate environmental impacts; and promote
16inclusive economic growth throughout the State.
17 (b) In accordance with Section 2705-200, the Department of
18Transportation shall develop and publish a statewide
19multi-modal transportation improvement program for all
20transportation facilities under its jurisdiction. The
21development of the program shall use the following methods:
22 (1) use transportation system information to make
23 investment and policy decisions to achieve statewide and

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1 regional performance goals established in the State's
2 long-range transportation plan;
3 (2) ensure transportation investment decisions emerge
4 from an objective and quantifiable technical analysis;
5 (3) evaluate the need and financial support necessary
6 for maintaining, expanding, and modernizing existing
7 transportation infrastructure;
8 (4) ensure that all State transportation funds
9 invested are directed to support progress toward the
10 achievement of performance targets established in the
11 State's long-range transportation plan;
12 (5) make investment decisions transparent and
13 accessible to the public;
14 (6) consider emissions and increase infrastructure
15 resilience to climate change; and
16 (7) reduce disparities in transportation system
17 performance experienced by racially marginalized
18 communities, low-income to moderate-income consumers, and
19 other disadvantaged groups and populations identified
20 under the Environmental Justice Act.
21 (c) The Department shall develop a risk-based, statewide
22highway system asset management plan in accordance with 23
23U.S.C. 119 and 23 CFR Part 515 to preserve and improve the
24condition of highway and bridge assets and enhance the
25performance of the system while minimizing the life-cycle
26cost. The asset management plan shall be made publicly

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1available on the Department's website.
2 (d) The Department shall develop a needs-based transit
3asset management plan for State-supported public
4transportation assets, including vehicles, facilities,
5equipment, and other infrastructure in accordance with 49 CFR
6Part 625. The goal of the transit asset management plan is to
7preserve and modernize capital transit assets that will
8enhance the performance of the transit system. Federally
9required transit asset management plans developed by the
10Regional Transportation Authority (RTA) or service boards, as
11defined in Section 1.03 of the Regional Transportation
12Authority Act, shall become the transportation asset
13management plans for all public transportation assets owned
14and operated by the service boards. The Department's transit
15asset management plan shall be made publicly available on the
16Department's website. The RTA shall be responsible for making
17public transit asset management plans for its service area
18publicly available.
19 (e) The Department shall develop a performance-based
20project selection process to prioritize taxpayer investment in
21State-owned transportation assets that add capacity. The goal
22of the process is to select projects through an evaluation
23process. This process shall provide the ability to prioritize
24projects based on geographic regions. The Department shall
25solicit input from localities, metropolitan planning
26organizations, transit authorities, transportation

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1authorities, representatives of labor and private businesses,
2the public, community-based organizations, and other
3stakeholders in its development of the prioritization process
4pursuant to this subsection.
5 The selection process shall include a defined public
6process by which candidate projects are evaluated and
7selected. The process shall include both a quantitative
8analysis of the evaluation factors and qualitative review by
9the Department. The Department may apply different weights to
10the performance measures based on regional geography or
11project type. Projects selected as part of the process will be
12considered for inclusion in the State's multi-year
13transportation program and the annual element of the
14multi-year program. Starting April 1, 2022, no new capacity
15project shall be included in the multi-year transportation
16plan or annual element without being evaluated under the
17selection process described in this Section. Existing projects
18in the multi-year highway improvement program may be included
19regardless of the outcome of using the performance-based
20project selection tool. The policies that guide the
21performance-based project selection process shall be derived
22from State and regional long-range transportation plans. The
23Department shall certify that it is making progress toward the
24goals included in the State's long-range transportation plan.
25All plan and program development based on the project
26selection process described in this subsection shall include

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1consideration of regional balance. The selection process shall
2be based on an objective and quantifiable analysis that
3considers, at a minimum, the goals identified in the
4long-range transportation plan and shall:
5 (1) consider emissions and increase infrastructure
6 resilience due to climate change; and
7 (2) reduce disparities in transportation system
8 performance experienced by racially marginalized
9 communities, low-income to moderate-income consumers, and
10 other disadvantaged groups and populations identified
11 under the Environmental Justice Act.
12 (f) The prioritization process developed under subsection
13(e) may apply only to State jurisdiction projects and not to:
14 (1) projects funded by the Congestion Mitigation and
15 Air Quality Improvement funds apportioned to the State
16 pursuant to 23 U.S.C. 104(b)(4) and State matching funds;
17 (2) projects funded by the Highway Safety Improvement
18 Program funds apportioned to the State pursuant to 23
19 U.S.C. 104(b)(3) and State matching funds;
20 (3) projects funded by the Transportation Alternatives
21 funds set-aside pursuant to 23 U.S.C. 133(h) and State
22 matching funds;
23 (4) projects funded by the National Highway Freight
24 Program pursuant to 23 U.S.C. 167 and State matching
25 funds;
26 (5) funds to be allocated to urban areas based on

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1 population under federal law; and
2 (6) any new federal program that requires competitive
3 selection, distribution to local public agencies, or
4 specific eligibility.
5 (g) A summary of the project evaluation process, measures,
6program, and scores for all candidate projects shall be
7published on the Department website in a timely manner.
8 Section 10. The Regional Transportation Authority Act is
9amended by adding Section 2.39 as follows:
10 (70 ILCS 3615/2.39 new)
11 Sec. 2.39. Prioritization process for Northeastern
12Illinois transit projects.
13 (a) The Authority shall develop a transparent
14prioritization process for Northeastern Illinois transit
15projects receiving State capital funding. The prioritization
16process must consider, at a minimum: (1) access to key
17destinations such as jobs, retail, healthcare, and recreation,
18(2) reliability improvement, (3) capacity needs, (4) safety,
19(5) state of good repair, (6) racial equity and mobility
20justice, and (7) economic development. All State capital
21funding awards shall be made by the Regional Transportation
22Authority in accordance with the prioritization process. An
23appropriate public input process shall be established. The
24Authority shall make a report to the General Assembly each

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1year describing the prioritization process and its use in
2funding awards.
3 (b) A summary of the project evaluation process, measures,
4program, and scores or prioritization criteria for all
5candidate projects shall be published on the Authority's
6website in a timely manner.
7 (c) Starting April 1, 2022, no project shall be included
8in the 5-year capital program, or amendments to that program,
9without being evaluated under the selection process described
10in this Section.
11 Section 99. Effective date. This Act takes effect upon
12becoming law.
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