Bill Text: IL SB0146 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Creates the Public-Private Partnerships for Transportation Act. Contains a statement of public policy and legislative intent. Grants to the Illinois Department of Transportation and the Illinois State Toll Highway Authority the necessary powers for the development, financing, and operation of transportation projects through public-private agreements with one or more private entities. Contains provisions regarding procurement, agreements, development and operations standards for transportation projects, financial arrangements, acquisition of property, labor matters, law enforcement, property, powers, prohibitions, and other matters. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois; Illinois Finance Authority Act; Illinois Procurement Code; Public Construction Bond Act; Employment of Illinois Workers on Public Works Act; Business Enterprise for Minorities, Females, and Persons with Disabilities Act; Retailers' Occupation Tax Act; Property Tax Code; Toll Highway Act; and Prevailing Wage Act to implement and conform to the new Act. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0146 Detail]

Download: Illinois-2011-SB0146-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0146 Introduced 1/27/2011, by Sen. Heather Steans SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2705/2705-222 new
20 ILCS 3501/825-106 new
30 ILCS 500/1-10
30 ILCS 550/1.7 new
30 ILCS 570/2.7 new
30 ILCS 575/2.7 new
35 ILCS 120/1r new
35 ILCS 200/15-55
35 ILCS 200/15-195 new
605 ILCS 10/11.1 new
820 ILCS 130/2 from Ch. 48, par. 39s-2
Creates the Public-Private Partnerships for Transportation Act. Contains a statement of public policy and legislative intent. Grants to the Illinois Department of Transportation and the Illinois State Toll Highway Authority the necessary powers for the development, financing, and operation of transportation projects through public-private agreements with one or more private entities. Contains provisions regarding procurement, agreements, development and operations standards for transportation projects, financial arrangements, acquisition of property, labor matters, law enforcement, property, powers, prohibitions, and other matters. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois; Illinois Finance Authority Act; Illinois Procurement Code; Public Construction Bond Act; Employment of Illinois Workers on Public Works Act; Business Enterprise for Minorities, Females, and Persons with Disabilities Act; Retailers' Occupation Tax Act; Property Tax Code; Toll Highway Act; and Prevailing Wage Act to implement and conform to the new Act. Makes other changes. Effective immediately.
LRB097 06233 HEP 46308 b
A BILL FOR
SB0146 LRB097 06233 HEP 46308 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Public-Private Partnerships for Transportation Act.
Section 5. Public policy and legislative intent.
(a) It is the public policy of the State of Illinois to
promote the development, financing, and operation of
transportation facilities that serve the needs of the public.
(b) Existing methods of procurement and financing of
transportation facilities by transportation agencies impose
limitations on the methods by which transportation facilities
may be developed and operated within the State.
(c) Authorizing transportation agencies to enter into
public-private partnerships, whereby private entities may
develop, operate, and finance transportation facilities, has
the potential to promote the development of transportation
facilities in the State as well as investment in the State.
(d) It is the intent of this Act to promote public-private
partnerships for transportation by authorizing transportation
agencies to enter into public-private agreements related to the
development, operation, and financing of transportation
facilities.

SB0146 - 2 - LRB097 06233 HEP 46308 b
(e) It is the intent of this Act to encourage the practice
of congestion pricing in connection with toll highways,
pursuant to which higher toll rates are charged during times or
in locations of most congestion.
(f) It is the intent of this Act to use Illinois design
professionals, construction companies, and workers to the
greatest extent possible by offering them the right to compete
for this work.
Section 10. Definitions. As used in this Act:
"Approved proposal" means the proposal that is approved by
the transportation agency pursuant to subsection (e) of Section
20 of this Act.
"Approved proposer" means the private entity whose
proposal is the approved proposal.
"Authority" means the Illinois State Toll Highway
Authority.
"Contractor" means a private entity that has entered into a
public-private agreement with the transportation agency to
provide services to or on behalf of the transportation agency.
"Department" means the Illinois Department of
Transportation.
"Develop" or "development" means to do one or more of the
following: plan, design, develop, lease, acquire, install,
construct, reconstruct, rehabilitate, extend, or expand.
"Maintain" or "maintenance" includes ordinary maintenance,

SB0146 - 3 - LRB097 06233 HEP 46308 b
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the transportation agency.
"Metropolitan planning organization" means a metropolitan
planning organization designated under 23 U.S.C. Section 134
whose metropolitan planning area boundaries are partially or
completely within the State.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Private entity" means any combination of one or more
individuals, corporations, general partnerships, limited
liability companies, limited partnerships, joint ventures,
business trusts, nonprofit entities, or other business
entities that are parties to a proposal for a transportation
project or an agreement related to a transportation project. A
public agency may provide services to a contractor as a
subcontractor or subconsultant without affecting the private
status of the private entity and the ability to enter into a
public-private agreement.
"Proposal" means all materials and documents prepared by or
on behalf of a private entity relating to the proposed
development, financing, or operation of a transportation
facility as a transportation project.
"Proposer" means a private entity that has submitted a
proposal or statement of qualifications for a public-private

SB0146 - 4 - LRB097 06233 HEP 46308 b
agreement in response to a request for proposals or a request
for qualifications issued by a transportation agency under this
Act.
"Public-private agreement" means the public-private
agreement between the contractor and the transportation agency
relating to one or more of the development, financing, or
operation of a transportation project that is entered into
under this Act.
"Request for information" means all materials and
documents prepared by or on behalf of the transportation agency
to solicit information from private entities with respect to
transportation projects.
"Request for proposals" means all materials and documents
prepared by or on behalf of the transportation agency to
solicit proposals from private entities to enter into a
public-private agreement.
"Request for qualifications" means all materials and
documents prepared by or on behalf of the transportation agency
to solicit statements of qualification from private entities to
enter into a public-private agreement.
"Revenues" means all revenues, including any combination
of: income; earnings and interest; user fees; lease payments;
allocations; federal, State, and local appropriations, grants,
loans, lines of credit, and credit guarantees; bond proceeds;
equity investments; service payments; or other receipts;
arising out of or in connection with a transportation project,

SB0146 - 5 - LRB097 06233 HEP 46308 b
including the development, financing, and operation of a
transportation project. The term includes money received as
grants, loans, lines of credit, credit guarantees, or otherwise
in aid of a transportation project from the federal government,
the State, a unit of local government, or any agency or
instrumentality of the federal government, the State, or a unit
of local government.
"Transportation agency" means (i) the Department, (ii) the
Authority, or (iii), with respect to an existing airport, an
airport authority created and established under the Airport
Authorities Act owning and operating the airport.
"Transportation facility" means (i) any new or existing
road, highway, toll highway, bridge, tunnel, intermodal
facility, intercity or high-speed passenger rail, or other
transportation facility or infrastructure, excluding airports,
under the jurisdiction of the Department or the Authority, or
(ii) any existing airport owned and operated by an airport
authority created and established under the Airport
Authorities Act. The term "transportation facility" may refer
to one or more transportation facilities that are proposed to
be developed or operated as part of a single transportation
project.
"Transportation project" or "project" means any or the
combination of the development, financing, or operation with
respect to all or a portion of any transportation facility
under the jurisdiction of the transportation agency,

SB0146 - 6 - LRB097 06233 HEP 46308 b
undertaken pursuant to this Act.
"Unit of local government" has the meaning ascribed to that
term in Article VII, Section 1 of the Constitution of the State
of Illinois and also means any unit designated as a municipal
corporation.
"User fees" or "tolls" means the rates, tolls, fees, or
other charges imposed by the contractor for use of all or a
portion of a transportation project under a public-private
agreement.
Section 15. Formation of public-private agreements;
project planning.
(a) Each transportation agency may exercise the powers
granted by this Act to do some or all of develop, finance, and
operate any part of one or more transportation projects through
public-private agreements with one or more private entities.
The net proceeds arising out of a transportation project or
public-private agreement undertaken by the Department pursuant
to this Act shall be deposited into the State Construction
Account Fund. The net proceeds arising out of a transportation
project or public-private agreement undertaken by the
Authority pursuant to this Act shall be deposited into the
Illinois State Toll Highway Authority Fund and shall be used
only as authorized by Section 23 of the Toll Highway Act.
(b) The Authority shall not enter into a public-private
agreement involving a lease or other transfer of any toll

SB0146 - 7 - LRB097 06233 HEP 46308 b
highway, or portions thereof, under the Authority's
jurisdiction which were open to vehicular traffic on the
effective date of this Act. The Authority shall not enter into
a public-private agreement for the purpose of making roadway
improvements, including but not limited to reconstruction,
adding lanes, and adding ramps, to any toll highway, or
portions thereof, under the Authority's jurisdiction which
were open to vehicular traffic on the effective date of this
Act. The Authority may enter into a public-private partnership
to develop, finance, and operate new toll highways authorized
by the Governor and the General Assembly pursuant to Section
14.1 of the Toll Highway Act, non-highway transportation
projects on the toll highway system such as commuter rail or
high-speed rail lines, and intelligent transportation
infrastructure that will enhance the safety, efficiency, and
environmental quality of the toll highway system.
(c) A contractor has:
(1) all powers allowed by law generally to a private
entity having the same form of organization as the
contractor; and
(2) the power to develop, finance, and operate the
transportation facility and to impose user fees in
connection with the use of the transportation facility,
subject to the terms of the public-private agreement.
No tolls or user fees may be imposed by the contractor
except as set forth in a public-private agreement.

SB0146 - 8 - LRB097 06233 HEP 46308 b
(d) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, and at other times the
transportation agency deems necessary, the Department and the
Authority shall submit for review to the General Assembly a
description of potential projects that the transportation
agency is considering undertaking under this Act. Any
submission from the Authority shall indicate which of its
potential projects, if any, will involve the proposer operating
the transportation facility for a period of one year or more.
Prior to the issuance of any request for qualifications or
request for proposals with respect to any potential project
undertaken by the Department or the Authority pursuant to
Section 20 of this Act, the commencement of a procurement
process for that particular potential project shall be
authorized by joint resolution of the General Assembly.
(e) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, the transportation
agency shall submit a description of potential projects that
the transportation agency is considering undertaking under
this Act to each county, municipality, and metropolitan
planning organization, with respect to each project located
within its boundaries.
(f) Any project undertaken under this Act shall be subject
to all applicable planning requirements otherwise required by
law, including land use planning, regional planning,
transportation planning, and environmental compliance

SB0146 - 9 - LRB097 06233 HEP 46308 b
requirements.
(g) Any new transportation facility developed as a project
under this Act must be consistent with the regional plan then
in existence of any metropolitan planning organization in whose
boundaries the project is located.
Section 20. Procurement process.
(a) A transportation agency seeking to enter into a
public-private partnership with a private entity for the
development, finance, and operation of a transportation
facility as a transportation project shall determine and set
forth the criteria for the selection process. The
transportation agency shall use (i) a competitive sealed
bidding process, (ii) a competitive sealed proposal process, or
(iii) a design-build procurement process in accordance with
Section 25 of this Act. Before using one of these processes the
transportation agency may use a request for information to
obtain information relating to possible public-private
partnerships.
The selection of professional design firms by a
transportation agency or private entity shall comply with the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act or Section 25 of this Act.
Nothing in this Act shall preclude a public agency,
including the Department or the Authority, from submitting a
proposal to develop or operate, or to develop and operate, a

SB0146 - 10 - LRB097 06233 HEP 46308 b
transportation facility as a transportation project. The
transportation agency shall give a proposal submitted by a
public agency equal consideration as it gives proposals
submitted by private entities, and, for that purpose, treat the
public agency as a private entity.
All procurement processes shall incorporate requirements
and set forth goals for participation by disadvantaged business
enterprises as allowed under State and federal law.
(b) The transportation agency shall establish a process for
prequalification of all potential private entities. The
transportation agency shall: (i) provide a public notice of the
prequalification process for such period as deemed appropriate
by the agency; (ii) set forth requirements and evaluation
criteria in order to become prequalified; (iii) determine which
private entities that have submitted prequalification
applications, if any, meet the requirements and evaluation
criteria; and (iv) allow only those entities that have been
prequalified to submit proposals or bids. The transportation
agency shall make publicly available on its website during the
request for qualifications period information regarding firms
that are prequalified by the transportation agency pursuant to
Section 20 of the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act to provide
architectural, engineering, and land surveying services and
shall require the use of such firms for such services.
(c) Competitive sealed bidding requirements:

SB0146 - 11 - LRB097 06233 HEP 46308 b
(1) All contracts shall be awarded by competitive
sealed bidding except as otherwise provided in subsection
(d) of this Section and Section 25 of this Act.
(2) An invitation for bids shall be issued and shall
include a description of the public-private partnership
with a private entity for the development, finance, and
operation of a transportation facility as a transportation
project, and the material contractual terms and conditions
applicable to the procurement.
(3) Public notice of the invitation for bids shall be
published in the State of Illinois Procurement Bulletin at
least 21 days before the date set in the invitation for the
opening of bids.
(4) Bids shall be opened publicly in the presence of
one or more witnesses at the time and place designated in
the invitation for bids. The name of each bidder, the
amount of each bid, and other relevant information as may
be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(5) Bids shall be unconditionally accepted without
alteration or correction, except as authorized in this Act.
Bids shall be evaluated based on the requirements set forth
in the invitation for bids, which may include criteria to
determine acceptability such as inspection, testing,
quality, workmanship, delivery, and suitability for a

SB0146 - 12 - LRB097 06233 HEP 46308 b
particular purpose. Those criteria that will affect the bid
price and be considered in evaluation for award, such as
discounts, transportation costs, and total or life cycle
costs, shall be objectively measurable. The invitation for
bids shall set forth the evaluation criteria to be used.
(6) Correction or withdrawal of inadvertently
erroneous bids before or after award, or cancellation of
awards of contracts based on bid mistakes, shall be
permitted in accordance with rules. After bid opening, no
changes in bid prices or other provisions of bids
prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes
shall be supported by written determination made by the
transportation agency.
(7) The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when
the transportation agency determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation
shall appear in the appropriate volume of the State of
Illinois Procurement Bulletin. The written explanation
must include:
(A) a description of the agency's needs;

SB0146 - 13 - LRB097 06233 HEP 46308 b
(B) a determination that the anticipated cost will
be fair and reasonable;
(C) a listing of all responsible and responsive
bidders; and
(D) the name of the bidder selected, pricing, and
the reasons for selecting that bidder.
(8) When it is considered impracticable to initially
prepare a purchase description to support an award based on
price, an invitation for bids may be issued requesting the
submission of unpriced offers to be followed by an
invitation for bids limited to those bidders whose offers
have been qualified under the criteria set forth in the
first solicitation.
(d) Competitive sealed proposal requirements:
(1) When the transportation agency determines in
writing that the use of competitive sealed bidding or
design-build procurement is either not practicable or not
advantageous to the State, a contract may be entered into
by competitive sealed proposals.
(2) Proposals shall be solicited through a request for
proposals.
(3) Public notice of the request for proposals shall be
published in the State of Illinois Procurement Bulletin at
least 21 days before the date set in the invitation for the
opening of proposals.
(4) Proposals shall be opened publicly in the presence

SB0146 - 14 - LRB097 06233 HEP 46308 b
of one or more witnesses at the time and place designated
in the request for proposals, but proposals shall be opened
in a manner to avoid disclosure of contents to competing
offerors during the process of negotiation. A record of
proposals shall be prepared and shall be open for public
inspection after contract award.
(5) The requests for proposals shall state the relative
importance of price and other evaluation factors.
Proposals shall be submitted in 2 parts: (i) covering items
except price; and (ii) covering price. The first part of
all proposals shall be evaluated and ranked independently
of the second part of all proposals.
(6) As provided in the request for proposals and under
any applicable rules, discussions may be conducted with
responsible offerors who submit proposals determined to be
reasonably susceptible of being selected for award for the
purpose of clarifying and assuring full understanding of
and responsiveness to the solicitation requirements. Those
offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and
before award for the purpose of obtaining best and final
offers. In conducting discussions there shall be no
disclosure of any information derived from proposals
submitted by competing offerors. If information is
disclosed to any offeror, it shall be provided to all

SB0146 - 15 - LRB097 06233 HEP 46308 b
competing offerors.
(7) Awards shall be made to the responsible offeror
whose proposal is determined in writing to be the most
advantageous to the State, taking into consideration price
and the evaluation factors set forth in the request for
proposals. The contract file shall contain the basis on
which the award is made.
(e) In the case of a proposal or proposals to the
Department or the Authority, the transportation agency shall
determine, based on its review and evaluation of the proposal
or proposals received in response to the request for proposals,
which one or more proposals, if any, best serve the public
purpose of this Act and satisfy the criteria set forth in the
request for proposals and, with respect to such proposal or
proposals, shall:
(1) submit the proposal or proposals to the Commission
on Government Forecasting and Accountability, which,
within 20 days of submission by the transportation agency,
shall complete a review of the proposal or proposals and
report on the value of the proposal or proposals to the
State;
(2) hold one or more public hearings on the proposal or
proposals, publish notice of the hearing or hearings at
least 7 days before the hearing, and include the following
in the notice: (i) the date, time, and place of the hearing
and the address of the transportation agency, (ii) the

SB0146 - 16 - LRB097 06233 HEP 46308 b
subject matter of the hearing, (iii) a description of the
agreement to be awarded, (iv) the determination made by the
transportation agency that such proposal or proposals best
serve the public purpose of this Act and satisfy the
criteria set forth in the request for proposals, and (v)
that the public may be heard on the proposal or proposals
during the public hearing; and
(3) determine whether or not to recommend to the
Governor that the Governor approve the proposal or
proposals.
The Governor may approve one or more proposals recommended
by the Department or the Authority based upon the review,
evaluation, and recommendation of the transportation agency,
the review and report of the Commission on Government
Forecasting and Accountability, the public hearing, and the
best interests of the State.
(f) In addition to any other rights under this Act, in
connection with any procurement under this Act, the following
rights are reserved to each transportation agency:
(1) to withdraw a request for information, a request
for qualifications, or a request for proposals at any time,
and to publish a new request for information, request for
qualifications, or request for proposals;
(2) to not approve a proposal for any reason;
(3) to not award a public-private agreement for any
reason;

SB0146 - 17 - LRB097 06233 HEP 46308 b
(4) to request clarifications to any statement of
information, qualifications, or proposal received, to seek
one or more revised proposals or one or more best and final
offers, or to conduct negotiations with one or more private
entities that have submitted proposals;
(5) to modify, during the pendency of a procurement,
the terms, provisions, and conditions of a request for
information, request for qualifications, or request for
proposals or the technical specifications or form of a
public-private agreement;
(6) to interview proposers; and
(7) any other rights available to the transportation
agency under applicable law and regulations.
(g) If a proposal is approved, the transportation agency
shall execute the public-private agreement, publish notice of
the execution of the public-private agreement on its website
and in a newspaper or newspapers of general circulation within
the county or counties in which the transportation project is
to be located, and publish the entire agreement on its website.
Any action to contest the validity of a public-private
agreement entered into under this Act must be brought no later
than 60 days after the date of publication of the notice of
execution of the public-private agreement.
(h) For any transportation project with an estimated
construction cost of over $50,000,000, the transportation
agency may also require the approved proposer to pay the costs

SB0146 - 18 - LRB097 06233 HEP 46308 b
for an independent audit of any and all traffic and cost
estimates associated with the approved proposal, as well as a
review of all public costs and potential liabilities to which
taxpayers could be exposed (including improvements to other
transportation facilities that may be needed as a result of the
approved proposal, failure by the approved proposer to
reimburse the transportation agency for services provided, and
potential risk and liability in the event the approved proposer
defaults on the public-private agreement or on bonds issued for
the project). If required by the transportation agency, this
independent audit must be conducted by an independent
consultant selected by the transportation agency, and all
information from the review must be fully disclosed.
(i) The transportation agency may also apply for, execute,
or endorse applications submitted by private entities to obtain
federal credit assistance for qualifying projects developed or
operated pursuant to this Act.
Section 25. Design-build procurement.
(a) This Section 25 shall apply only to transportation
projects for which the Department or the Authority intends to
execute a design-build agreement, in which case the Department
or the Authority shall abide by the requirements and procedures
of this Section 25 in addition to other applicable requirements
and procedures set forth in this Act.
(b)(1) The transportation agency must issue a notice of

SB0146 - 19 - LRB097 06233 HEP 46308 b
intent to receive proposals for the project at least 14 days
before issuing the request for the qualifications. The
transportation agency must publish the advance notice in a
daily newspaper of general circulation in the county where the
transportation agency is located. The transportation agency is
encouraged to use publication of the notice in related
construction industry service publications. A brief
description of the proposed procurement must be included in the
notice. The transportation agency must provide a copy of the
request for qualifications to any party requesting a copy.
(2) The request for qualifications shall be prepared for
each project and must contain, without limitation, the
following information: (i) the name of the transportation
agency; (ii) a preliminary schedule for the completion of the
contract; (iii) the proposed budget for the project, the source
of funds, and the currently available funds at the time the
request for proposal is submitted; (iv) prequalification
criteria for design-build entities wishing to submit proposals
(the transportation agency shall include, at a minimum, its
normal prequalification, licensing, registration, and other
requirements, but nothing contained herein precludes the use of
additional prequalification criteria by the transportation
agency); (v) material requirements of the contract, including
but not limited to, the proposed terms and conditions, required
performance and payment bonds, insurance, and the entity's plan
to comply with the utilization goals established by the

SB0146 - 20 - LRB097 06233 HEP 46308 b
corporate authorities of the transportation agency for
minority and women business enterprises and to comply with
Section 2-105 of the Illinois Human Rights Act; (vi) the
performance criteria; (vii) the evaluation criteria for each
phase of the solicitation; and (viii) the number of entities
that will be considered for the request for proposals phase.
(3) The transportation agency may include any other
relevant information in the request for qualifications that it
chooses to supply. The private entity shall be entitled to rely
upon the accuracy of this documentation in the development of
its statement of qualifications and its proposal.
(4) The date that statements of qualifications are due must
be at least 21 calendar days after the date of the issuance of
the request for qualifications. In the event the cost of the
project is estimated to exceed $12,000,000, then the statement
of qualifications due date must be at least 28 calendar days
after the date of the issuance of the request for
qualifications. The transportation agency shall include in the
request for proposals a minimum of 30 days to develop the
proposals after the selection of entities from the evaluation
of the statements of qualifications is completed.
(c)(1) The transportation agency shall develop, with the
assistance of a licensed design professional, the request for
qualifications and the request for proposals, which shall
include scope and performance criteria. The scope and
performance criteria must be in sufficient detail and contain

SB0146 - 21 - LRB097 06233 HEP 46308 b
adequate information to reasonably apprise the private
entities of the transportation agency's overall programmatic
needs and goals, including criteria and preliminary design
plans, general budget parameters, schedule, and delivery
requirements.
(2) Each request for qualifications and request for
proposals shall also include a description of the level of
design to be provided in the proposals. This description must
include the scope and type of renderings, drawings, and
specifications that, at a minimum, will be required by the
transportation agency to be produced by the private entities.
(3) The scope and performance criteria shall be prepared by
a design professional who is an employee of the transportation
agency, or the transportation agency may contract with an
independent design professional selected under the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act to provide these services.
(4) The design professional that prepares the scope and
performance criteria is prohibited from participating in any
private entity proposal for the project.
(d)(1) The transportation agency must use a two phase
procedure for the selection of the successful design-build
entity. The request for qualifications phase will evaluate and
shortlist the private entities based on qualifications, and the
request for proposals will evaluate the technical and cost
proposals.

SB0146 - 22 - LRB097 06233 HEP 46308 b
(2) The transportation agency shall include in the request
for qualifications the evaluating factors to be used in the
request for qualifications phase. These factors are in addition
to any prequalification requirements of private entities that
the transportation agency has set forth. Each request for
qualifications shall establish the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the transportation
agency. The transportation agency must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The transportation agency shall include the following
criteria in every request for qualifications phase evaluation
of private entities: (i) experience of personnel; (ii)
successful experience with similar project types; (iii)
financial capability; (iv) timeliness of past performance; (v)
experience with similarly sized projects; (vi) successful
reference checks of the firm; (vii) commitment to assign
personnel for the duration of the project and qualifications of
the entity's consultants; and (viii) ability or past
performance in meeting or exhausting good faith efforts to meet
the utilization goals for business enterprises established in
the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act and in complying with Section 2-105 of
the Illinois Human Rights Act. No proposal shall be considered
that does not include an entity's plan to comply with the

SB0146 - 23 - LRB097 06233 HEP 46308 b
requirements established in the minority and women business
enterprises and economically disadvantaged firms established
by the corporate authorities of the transportation agency and
with Section 2-105 of the Illinois Human Rights Act. The
transportation agency may include any additional relevant
criteria in the request for qualifications phase that it deems
necessary for a proper qualification review.
Upon completion of the qualifications evaluation, the
transportation agency shall create a shortlist of the most
highly qualified private entities.
The transportation agency shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation of the request for
proposals phase technical and cost evaluations. The
transportation agency must allow sufficient time for the
shortlist entities to prepare their proposals considering the
scope and detail requested by the transportation agency.
(3) The transportation agency shall include in the request
for proposals the evaluating factors to be used in the
technical and cost submission components. Each request for
proposals shall establish, for both the technical and cost
submission components, the relative importance assigned to
each evaluation factor and subfactor, including any weighting
of criteria to be employed by the transportation agency. The
transportation agency must maintain a record of the evaluation
scoring to be disclosed in event of a protest regarding the

SB0146 - 24 - LRB097 06233 HEP 46308 b
solicitation.
The transportation agency shall include the following
criteria in every request for proposals phase technical
evaluation of private entities: (i) compliance with objectives
of the project; (ii) compliance of proposed services to the
request for proposal requirements; (iii) quality of products or
materials proposed; (iv) quality of design parameters; (v)
design concepts; (vi) innovation in meeting the scope and
performance criteria; and (vii) constructability of the
proposed project. The transportation agency may include any
additional relevant technical evaluation factors it deems
necessary for proper selection.
The transportation agency shall include the following
criteria in every request for proposals phase cost evaluation:
the total project cost and the time of completion. The
transportation agency may include any additional relevant
technical evaluation factors it deems necessary for proper
selection. The guaranteed maximum project cost criteria
weighing factor shall not exceed 30%.
The transportation agency shall directly employ or retain a
licensed design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
(e) Statements of qualifications and proposals must be
properly identified and sealed. Statements of qualifications
and proposals may not be reviewed until after the deadline for

SB0146 - 25 - LRB097 06233 HEP 46308 b
submission has passed as set forth in the request for
qualifications or the request for proposals. All private
entities submitting statements of qualifications or proposals
shall be disclosed after the deadline for submission, and all
private entities who are selected for request for proposals
phase evaluation shall also be disclosed at the time of that
determination.
Phase II design-build proposals shall include a bid bond in
the form and security as designated in the request for
proposals. Proposals shall also contain a separate sealed
envelope with the cost information within the overall proposal
submission. Proposals shall include a list of all design
professionals and other entities to which any work identified
in Section 30-30 of the Illinois Procurement Code as a
subdivision of construction work may be subcontracted during
the performance of the contract.
Statements of qualifications and proposals must meet all
material requirements of the request for qualifications or
request for proposals, or else they may be rejected as
non-responsive. The transportation agency shall have the right
to reject any and all statements of qualifications and
proposals.
The drawings and specifications of any unsuccessful
statement of qualifications or proposal shall remain the
property of the private entity.
The transportation agency shall review the statements of

SB0146 - 26 - LRB097 06233 HEP 46308 b
qualifications and the proposals for compliance with the
performance criteria and evaluation factors.
Statements of qualifications and proposals may be
withdrawn prior to the due date and time for submissions for
any cause. After evaluation begins by the transportation
agency, clear and convincing evidence of error is required for
withdrawal.
Section 30. Interim agreements.
(a) Prior to or in connection with the negotiation of the
public-private agreement, the transportation agency may enter
into an interim agreement with the approved proposer. Such
interim agreement may:
(1) permit the approved proposer to commence
activities relating to a proposed project as the
transportation agency and the approved proposer shall
agree to and for which the approved proposer may be
compensated, including, but not limited to, project
planning, advance right-of-way acquisition, design and
engineering, environmental analysis and mitigation,
survey, conducting transportation and revenue studies, and
ascertaining the availability of financing for the
proposed facility or facilities;
(2) establish the process and timing of the exclusive
negotiation of a public-private agreement with an approved
proposer;

SB0146 - 27 - LRB097 06233 HEP 46308 b
(3) require that in the event the transportation agency
determines not to proceed with a project after the approved
proposer and the transportation agency have executed an
interim agreement, and thereby terminates the interim
agreement or declines to proceed with negotiation of a
public-private agreement with an approved proposer, the
transportation agency shall pay to the approved proposer
certain fees and costs incurred by the approved proposer;
(4) establish the ownership in the State or in the
Authority of the concepts and designs in the event of
termination of the interim agreement;
(5) establish procedures for the selection of
professional design firms and subcontractors, which shall
include procedures consistent with the Architectural,
Engineering, and Land Surveying Qualifications Based
Selection Act for the selection of design professional
firms and may include, in the discretion of the
transportation agency, procedures consistent with the low
bid procurement procedures outlined in the Illinois
Procurement Code for the selection of construction
companies; and
(6) contain any other provisions related to any aspect
of the transportation project that the parties may deem
appropriate.
(b) A transportation agency may enter into an interim
agreement with multiple approved proposers if the

SB0146 - 28 - LRB097 06233 HEP 46308 b
transportation agency determines in writing that it is in the
public interest to do so.
(c) The approved proposer shall select firms that are
prequalified by the transportation agency pursuant to Section
20 of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act to provide architectural,
engineering, and land surveying services to undertake
activities related to the transportation project.
Section 35. Public-private agreements.
(a) Unless undertaking actions otherwise permitted in an
interim agreement entered into under Section 30 of this Act,
before developing, financing, or operating the transportation
project, the approved proposer shall enter into a
public-private agreement with the transportation agency.
Subject to the requirements of this Act, a public-private
agreement may provide that the approved proposer, acting on
behalf of the transportation agency, is partially or entirely
responsible for any combination of developing, financing, or
operating the transportation project under terms set forth in
the public-private agreement.
(b) The public-private agreement may, as determined
appropriate by the transportation agency for the particular
transportation project, provide for some or all of the
following:
(1) Construction, financing, and operation of the

SB0146 - 29 - LRB097 06233 HEP 46308 b
transportation project under terms set forth in the
public-private agreement, in any form as deemed
appropriate by the transportation agency, including, but
not limited to, a long-term concession and lease, a
design-bid-build agreement, a design-build agreement, a
design-build-maintain agreement, a
design-build-operate-maintain agreement and a
design-build-finance-operate-maintain agreement.
(2) Delivery of performance and payment bonds or other
performance security determined suitable by the
transportation agency, including letters of credit, United
States bonds and notes, parent guaranties, and cash
collateral, in connection with the development, financing,
or operation of the transportation project, in the forms
and amounts set forth in the public-private agreement or
otherwise determined as satisfactory by the transportation
agency to protect the transportation agency and payment
bond beneficiaries who have a direct contractual
relationship with the contractor or a subcontractor of the
contractor to supply labor or material. The payment or
performance bond or alternative form of performance
security is not required for the portion of a
public-private agreement that includes only design,
planning, or financing services, the performance of
preliminary studies, or the acquisition of real property.
(3) Review of plans for any development or operation,

SB0146 - 30 - LRB097 06233 HEP 46308 b
or both, of the transportation project by the
transportation agency.
(4) Inspection of any construction of or improvements
to the transportation project by the transportation agency
or another entity designated by the transportation agency
or under the public-private agreement to ensure that the
construction or improvements conform to the standards set
forth in the public-private agreement or are otherwise
acceptable to the transportation agency.
(5) Maintenance of:
(A) one or more policies of public liability
insurance (copies of which shall be filed with the
transportation agency accompanied by proofs of
coverage); or
(B) self-insurance;
each in form and amount as set forth in the public-private
agreement or otherwise satisfactory to the transportation
agency as reasonably sufficient to insure coverage of tort
liability to the public and employees and to enable the
continued operation of the transportation project.
(6) Where operations are included within the
contractor's obligations under the public-private
agreement, monitoring of the maintenance practices of the
contractor by the transportation agency or another entity
designated by the transportation agency or under the
public-private agreement and the taking of the actions the

SB0146 - 31 - LRB097 06233 HEP 46308 b
transportation agency finds appropriate to ensure that the
transportation project is properly maintained.
(7) Reimbursement to be paid to the transportation
agency as set forth in the public-private agreement for
services provided by the transportation agency.
(8) Filing of appropriate financial statements and
reports as set forth in the public-private agreement or as
otherwise in a form acceptable to the transportation agency
on a periodic basis.
(9) Compensation or payments to the contractor.
Compensation or payments may include any or a combination
of the following:
(A) a base fee and additional fee for project
savings as the design-builder of a construction
project;
(B) a development fee, payable on a lump-sum basis,
progress payment basis, time and materials basis, or
another basis deemed appropriate by the transportation
agency;
(C) an operations fee, payable on a lump-sum basis,
time and material basis, periodic basis, or another
basis deemed appropriate by the transportation agency;
(D) some or all of the revenues, if any, arising
out of operation of the transportation project;
(E) a maximum rate of return on investment or
return on equity or a combination of the two;

SB0146 - 32 - LRB097 06233 HEP 46308 b
(F) in-kind services, materials, property,
equipment, or other items;
(G) compensation in the event of any termination;
(H) availability payments or similar arrangements
whereby payments are made to the contractor pursuant to
the terms set forth in the public-private agreement or
related agreements; or
(I) other compensation set forth in the
public-private agreement or otherwise deemed
appropriate by the transportation agency.
(10) Compensation or payments to the transportation
agency, if any. Compensation or payments may include any or
a combination of the following:
(A) a concession or lease payment or other fee,
which may be payable upfront or on a periodic basis or
on another basis deemed appropriate by the
transportation agency;
(B) sharing of revenues, if any, from the operation
of the transportation project;
(C) sharing of project savings from the
construction of the transportation project;
(D) payment for any services, materials,
equipment, personnel, or other items provided by the
transportation agency to the contractor under the
public-private agreement or in connection with the
transportation project; or

SB0146 - 33 - LRB097 06233 HEP 46308 b
(E) other compensation set forth in the
public-private agreement or otherwise deemed
appropriate by the transportation agency.
(11) The date and terms of termination of the
contractor's authority and duties under the public-private
agreement and the circumstances under which the
contractor's authority and duties may be terminated prior
to that date.
(12) Reversion of the transportation project to the
transportation agency at the termination or expiration of
the public-private agreement.
(13) Rights and remedies of the transportation agency
in the event that the contractor defaults or otherwise
fails to comply with the terms of the public-private
agreement.
(14) Procedures for the selection of professional
design firms and subcontractors, which shall include
procedures consistent with the Architectural, Engineering,
and Land Surveying Qualifications Based Selection Act for
the selection of professional design firms and may include,
in the discretion of the transportation agency, procedures
consistent with the low bid procurement procedures
outlined in the Illinois Procurement Code for the selection
of construction companies.
(15) Other terms, conditions, and provisions that the
transportation agency believes are in the public interest.

SB0146 - 34 - LRB097 06233 HEP 46308 b
(c) The transportation agency may fix and revise the
amounts of user fees that a contractor may charge and collect
for the use of any part of a transportation project in
accordance with the public-private agreement. In fixing the
amounts, the transportation agency may establish maximum
amounts for the user fees and may provide that the maximums and
any increases or decreases of those maximums shall be based
upon the indices, methodologies, or other factors the
transportation agency considers appropriate.
(d) A public-private agreement may:
(1) authorize the imposition of tolls in any manner
determined appropriate by the transportation agency for
the transportation project;
(2) authorize the contractor to adjust the user fees
for the use of the transportation project, so long as the
amounts charged and collected by the contractor do not
exceed the maximum amounts established by the
transportation agency under this Act;
(3) provide that any adjustment by the contractor
permitted under paragraph (2) of this subsection (d) may be
based on the indices, methodologies, or other factors
described in the public-private agreement or approved by
the transportation agency;
(4) authorize the contractor to charge and collect user
fees through methods, including, but not limited to,
automatic vehicle identification systems, electronic toll

SB0146 - 35 - LRB097 06233 HEP 46308 b
collection systems, and, to the extent permitted by law,
global positioning system-based, photo-based, or
video-based toll collection enforcement, provided that to
the maximum extent feasible the contractor will (i) utilize
open road tolling methods that allow payment of tolls at
highway speeds and (ii) comply with United States
Department of Transportation requirements and best
practices with respect to tolling methods; and
(5) authorize the collection of user fees by a third
party.
(e) In the public-private agreement, the transportation
agency may agree to make grants or loans for the development or
operation, or both, of the transportation project from time to
time from amounts received from the federal government or any
agency or instrumentality of the federal government or from any
State or local agency.
(f) Upon the termination or expiration of the
public-private agreement, including a termination for default,
the transportation agency shall have the right to take over the
transportation project and to succeed to all of the right,
title, and interest in the transportation project, subject to
any liens on revenues previously granted by the contractor to
any person providing financing for the transportation project.
Upon termination or expiration of the public-private agreement
relating to a transportation project undertaken by the
Department, all real property acquired as a part of the

SB0146 - 36 - LRB097 06233 HEP 46308 b
transportation project shall be held in the name of the State
of Illinois. Upon termination or expiration of the
public-private agreement relating to a transportation project
undertaken by the Authority, all real property acquired as a
part of the transportation project shall be held in the name of
the Authority.
(g) If a transportation agency elects to take over a
transportation project as provided in subsection (f) of this
Section, the transportation agency may do the following:
(1) develop, finance, or operate the project,
including through a public-private agreement entered into
in accordance with this Act; or
(2) impose, collect, retain, and use user fees, if any,
for the project.
(h) If a transportation agency elects to take over a
transportation project as provided in subsection (f) of this
Section, the transportation agency may use the revenues, if
any, for any lawful purpose, including to:
(1) make payments to individuals or entities in
connection with any financing of the transportation
project, including through a public-private agreement
entered into in accordance with this Act;
(2) permit a contractor to receive some or all of the
revenues under a public-private agreement entered into
under this Act;
(3) pay development costs of the project;

SB0146 - 37 - LRB097 06233 HEP 46308 b
(4) pay current operation costs of the project or
facilities;
(5) pay the contractor for any compensation or payment
owing upon termination; and
(6) pay for the development, financing, or operation of
any other project or projects the transportation agency
deems appropriate.
(i) The full faith and credit of the State or any political
subdivision of the State or the transportation agency is not
pledged to secure any financing of the contractor by the
election to take over the transportation project. Assumption of
development or operation, or both, of the transportation
project does not obligate the State or any political
subdivision of the State or the transportation agency to pay
any obligation of the contractor.
(j) The transportation agency may enter into a
public-private agreement with multiple approved proposers if
the transportation agency determines in writing that it is in
the public interest to do so.
(k) A public-private agreement shall not include any
provision under which the transportation agency agrees to
restrict or to provide compensation to the private entity for
the construction or operation of a competing transportation
facility during the term of the public-private agreement.
(l) With respect to a public-private agreement entered into
by the Department, the Department shall certify in its State

SB0146 - 38 - LRB097 06233 HEP 46308 b
budget request to the Governor each year the amount required by
the Department during the next State fiscal year to enable the
Department to make any payment obligated to be made by the
Department pursuant to that public-private agreement, and the
Governor shall include that amount in the State budget
submitted to the General Assembly.
Section 40. Development and operations standards for
transportation projects.
(a) The plans and specifications, if any, for each project
developed under this Act must comply with:
(1) the transportation agency's standards for other
projects of a similar nature or as otherwise provided in
the public-private agreement;
(2) the Professional Engineering Practice Act of 1989,
the Structural Engineering Practice Act of 1989, the
Illinois Architecture Practice Act of 1989, the
requirements of Section 30-22 of the Illinois Procurement
Code as they apply to responsible bidders, and the Illinois
Professional Land Surveyor Act of 1989; and
(3) any other applicable State or federal standards.
(b) Each highway project constructed or operated under this
Act is considered to be part of:
(1) the State highway system for purposes of
identification, maintenance standards, and enforcement of
traffic laws if the highway project is under the

SB0146 - 39 - LRB097 06233 HEP 46308 b
jurisdiction of the Department; or
(2) the toll highway system for purposes of
identification, maintenance standards, and enforcement of
traffic laws if the highway project is under the
jurisdiction of the Authority.
(c) Any unit of local government or State agency may enter
into agreements with the contractor for maintenance or other
services under this Act.
(d) Any electronic toll collection system used on a toll
highway, bridge, or tunnel as part of a transportation project
must be compatible with the electronic toll collection system
used by the Authority. The Authority is authorized to
construct, operate, and maintain any electronic toll
collection system used on a toll highway, bridge, or tunnel as
part of a transportation project pursuant to an agreement with
the transportation agency or the contractor responsible for the
transportation project.
Section 45. Financial arrangements.
(a) The transportation agency may do any combination of
applying for, executing, or endorsing applications submitted
by private entities to obtain federal, State, or local credit
assistance for transportation projects developed, financed, or
operated under this Act, including loans, lines of credit, and
guarantees.
(b) The transportation agency may take any action to obtain

SB0146 - 40 - LRB097 06233 HEP 46308 b
federal, State, or local assistance for a transportation
project that serves the public purpose of this Act and may
enter into any contracts required to receive the federal
assistance. The transportation agency may determine that it
serves the public purpose of this Act for all or any portion of
the costs of a transportation project to be paid, directly or
indirectly, from the proceeds of a grant or loan, line of
credit, or loan guarantee made by a local, State, or federal
government or any agency or instrumentality of a local, State,
or federal government. Such assistance may include, but not be
limited to, federal credit assistance pursuant to the
Transportation Infrastructure Finance and Innovation Act
(TIFIA).
(c) The transportation agency may agree to make grants or
loans for the development, financing, or operation of a
transportation project from time to time, from amounts received
from the federal, State, or local government or any agency or
instrumentality of the federal, State, or local government.
(d) Any financing of a transportation project may be in the
amounts and upon the terms and conditions that are determined
by the parties to the public-private agreement.
(e) For the purpose of financing a transportation project,
the contractor and the transportation agency may do the
following:
(1) propose to use any and all revenues that may be
available to them;

SB0146 - 41 - LRB097 06233 HEP 46308 b
(2) enter into grant agreements;
(3) access any other funds available to the
transportation agency; and
(4) accept grants from the transportation agency or
other public or private agency or entity.
(f) For the purpose of financing a transportation project,
public funds may be used and mixed and aggregated with funds
provided by or on behalf of the contractor or other private
entities.
(g) For the purpose of financing a transportation project,
each transportation agency is authorized to do any combination
of applying for, executing, or endorsing applications for an
allocation of tax-exempt bond financing authorization provided
by Section 142(m) of the United States Internal Revenue Code,
as well as financing available under any other federal law or
program.
(h) Any bonds, debt, or other securities or other financing
issued for the purposes of this Act shall not be deemed to
constitute a debt of the State or any political subdivision of
the State or a pledge of the faith and credit of the State or
any political subdivision of the State.
Section 50. Acquisition of property.
(a) The transportation agency may exercise any power of
condemnation or eminent domain, including quick-take powers,
that it has under law, including, in the case of the

SB0146 - 42 - LRB097 06233 HEP 46308 b
Department, all powers for acquisition of property rights
granted it in the Illinois Highway Code, for the purpose of
acquiring any lands or estates or interests in land for a
transportation project to the extent provided in the
public-private agreement or otherwise to the extent that the
transportation agency finds that the action serves the public
purpose of this Act and deems it appropriate in the exercise of
its powers under this Act.
(b) The transportation agency and a contractor may enter
into the leases, licenses, easements, and other grants of
property interests that the transportation agency determines
necessary to carry out this Act.
Section 55. Labor.
(a) A public-private agreement related to a transportation
project pertaining to the building, altering, repairing,
maintaining, improving, or demolishing a transportation
facility shall require the contractor and all subcontractors to
comply with the requirements of Section 30-22 of the Illinois
Procurement Code as they apply to responsible bidders and to
present satisfactory evidence of that compliance to the
transportation agency, unless the transportation project is
federally funded and the application of those requirements
would jeopardize the receipt or use of federal funds in support
of the transportation project.
(b) A public-private agreement related to a transportation

SB0146 - 43 - LRB097 06233 HEP 46308 b
project pertaining to a new transportation facility shall
require the contractor to enter into a project labor agreement
utilized by the Department.
Section 60. Law enforcement.
(a) All law enforcement officers of the State and of each
affected local jurisdiction have the same powers and
jurisdiction within the limits of the transportation facility
as they have in their respective areas of jurisdiction.
(b) Law enforcement officers shall have access to the
transportation facility at any time for the purpose of
exercising the law enforcement officers' powers and
jurisdiction.
(c) The traffic and motor vehicle laws of the State of
Illinois or, if applicable, any local jurisdiction shall be the
same as those applying to conduct on similar projects in the
State of Illinois or the local jurisdiction.
(d) Punishment for infractions and offenses shall be as
prescribed by law for conduct occurring on similar projects in
the State of Illinois or the local jurisdiction.
Section 65. Term of agreement; reversion of property to
transportation agency.
(a) The term of a public-private agreement, including all
extensions, may not exceed 99 years.
(b) The transportation agency shall terminate the

SB0146 - 44 - LRB097 06233 HEP 46308 b
contractor's authority and duties under the public-private
agreement on the date set forth in the public-private
agreement.
(c) Upon termination of the public-private agreement, the
authority and duties of the contractor under this Act cease,
except for those duties and obligations that extend beyond the
termination, as set forth in the public-private agreement, and
all interests in the transportation facility shall revert to
the transportation agency.
Section 70. Additional powers of transportation agencies
with respect to transportation projects.
(a) Each transportation agency may exercise any powers
provided under this Act in participation or cooperation with
any governmental entity and enter into any contracts to
facilitate that participation or cooperation without
compliance with any other statute. Each transportation agency
shall cooperate with each other and with other governmental
entities in carrying out transportation projects under this
Act.
(b) Each transportation agency may make and enter into all
contracts and agreements necessary or incidental to the
performance of the transportation agency's duties and the
execution of the transportation agency's powers under this Act.
Except as otherwise required by law, these contracts or
agreements are not subject to any approvals other than the

SB0146 - 45 - LRB097 06233 HEP 46308 b
approval of the transportation agency and may be for any term
of years and contain any terms that are considered reasonable
by the transportation agency.
(c) Each transportation agency may pay the costs incurred
under a public-private agreement entered into under this Act
from any funds available to the transportation agency under
this Act or any other statute.
(d) A transportation agency or other State agency may not
take any action that would impair a public-private agreement
entered into under this Act.
(e) Each transportation agency may enter into an agreement
between and among the contractor, the transportation agency,
and the Department of State Police concerning the provision of
law enforcement assistance with respect to a transportation
project that is the subject of a public-private agreement under
this Act.
(f) Each transportation agency is authorized to enter into
arrangements with the Department of State Police related to
costs incurred in providing law enforcement assistance under
this Act.
Section 75. Prohibited local action. A unit of local
government may not take any action that would have the effect
of impairing a public-private agreement under this Act,
provided that this Section 75 shall not diminish any existing
police power or other power provided by law to a unit of local

SB0146 - 46 - LRB097 06233 HEP 46308 b
government.
Section 80. Powers liberally construed. The powers
conferred by this Act shall be liberally construed in order to
accomplish their purposes and shall be in addition and
supplemental to the powers conferred by any other law. If any
other law or rule is inconsistent with this Act, this Act is
controlling as to any public-private agreement entered into
under this Act.
Section 85. Full and complete authority. This Act contains
full and complete authority for agreements and leases with
private entities to carry out the activities described in this
Act. Except as otherwise required by law, no procedure,
proceedings, publications, notices, consents, approvals,
orders, or acts by the transportation agency or any other State
or local agency or official are required to enter into an
agreement or lease.
Section 905. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2705-222 as follows:
(20 ILCS 2705/2705-222 new)
Sec. 2705-222. Public-private partnerships for
transportation. The Department may exercise all powers granted

SB0146 - 47 - LRB097 06233 HEP 46308 b
to it under the Public-Private Partnerships for Transportation
Act.
Section 910. The Illinois Finance Authority Act is amended
by adding Section 825-106 as follows:
(20 ILCS 3501/825-106 new)
Sec. 825-106. Transportation project financing. For the
purpose of financing a transportation project undertaken under
the Public-Private Partnerships for Transportation Act, the
Authority is authorized to apply for an allocation of
tax-exempt bond financing authorization provided by Section
142(m) of the United States Internal Revenue Code, as well as
financing available under any other federal law or program.
Section 915. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any

SB0146 - 48 - LRB097 06233 HEP 46308 b
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,

SB0146 - 49 - LRB097 06233 HEP 46308 b
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and

SB0146 - 50 - LRB097 06233 HEP 46308 b
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07;
95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff.
7-27-10.)
Section 920. The Public Construction Bond Act is amended by
adding Section 1.7 as follows:
(30 ILCS 550/1.7 new)
Sec. 1.7. Public-private agreements. This Act applies to
any public-private agreement entered into under the
Public-Private Partnerships for Transportation Act.
Section 925. The Employment of Illinois Workers on Public
Works Act is amended by adding Section 2.7 as follows:

SB0146 - 51 - LRB097 06233 HEP 46308 b
(30 ILCS 570/2.7 new)
Sec. 2.7. Public-private agreements. This Act applies to
any public-private agreement entered into under the
Public-Private Partnerships for Transportation Act.
Section 930. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by adding
Section 2.7 as follows:
(30 ILCS 575/2.7 new)
Sec. 2.7. Public-private agreements. This Act applies to
any public-private agreement entered into under the
Public-Private Partnerships for Transportation Act.
Section 935. The Retailers' Occupation Tax Act is amended
by adding Section 1r as follows:
(35 ILCS 120/1r new)
Sec. 1r. Building materials exemption; public-private
partnership transportation projects.
(a) Each retailer that makes a qualified sale of building
materials to be incorporated into a "project" as defined in the
Public-Private Partnerships for Transportation Act, by
remodeling, rehabilitating, or new construction, may deduct
receipts from those sales when calculating the tax imposed by

SB0146 - 52 - LRB097 06233 HEP 46308 b
this Act.
(b) As used in this Section, "qualified sale" means a sale
of building materials that will be incorporated into a project
for which a Certificate of Eligibility for Sales Tax Exemption
has been issued by the agency having authority over the
project.
(c) To document the exemption allowed under this Section,
the retailer must obtain from the purchaser a copy of the
Certificate of Eligibility for Sales Tax Exemption issued by
the agency having jurisdiction over the project into which the
building materials will be incorporated is located. The
Certificate of Eligibility for Sales Tax Exemption must contain
all of the following:
(1) statement that the project identified in the
Certificate meets all the requirements of the agency having
authority over the project;
(2) the location or address of the project; and
(3) the signature of the director of the agency with
authority over the project or the director's delegate.
(d) In addition to meeting the requirements of subsection
(c) of this Act, the retailer must obtain a certificate from
the purchaser that contains all of the following:
(1) a statement that the building materials are being
purchased for incorporation into a project in accordance
with the Public-Private Partnerships for Transportation
Act;

SB0146 - 53 - LRB097 06233 HEP 46308 b
(2) the location or address of the project into which
the building materials will be incorporated;
(3) the name of the project;
(4) a description of the building materials being
purchased; and
(5) the purchaser's signature and date of purchase.
(e) This Section is exempt from Section 2-70 of this Act.
Section 940. The Property Tax Code is amended by changing
Section 15-55 and by adding Section 15-195 as follows:
(35 ILCS 200/15-55)
Sec. 15-55. State property.
(a) All property belonging to the State of Illinois is
exempt. However, the State agency holding title shall file the
certificate of ownership and use required by Section 15-10,
together with a copy of any written lease or agreement, in
effect on March 30 of the assessment year, concerning parcels
of 1 acre or more, or an explanation of the terms of any oral
agreement under which the property is leased, subleased or
rented.
The leased property shall be assessed to the lessee and the
taxes thereon extended and billed to the lessee, and collected
in the same manner as for property which is not exempt. The
lessee shall be liable for the taxes and no lien shall attach
to the property of the State.

SB0146 - 54 - LRB097 06233 HEP 46308 b
For the purposes of this Section, the word "leases"
includes licenses, franchises, operating agreements and other
arrangements under which private individuals, associations or
corporations are granted the right to use property of the
Illinois State Toll Highway Authority and includes all property
of the Authority used by others without regard to the size of
the leased parcel.
(b) However, all property of every kind belonging to the
State of Illinois, which is or may hereafter be leased to the
Illinois Prairie Path Corporation, shall be exempt from all
assessments, taxation or collection, despite the making of any
such lease, if it is used for:
(1) conservation, nature trail or any other
charitable, scientific, educational or recreational
purposes with public benefit, including the preserving and
aiding in the preservation of natural areas, objects,
flora, fauna or biotic communities;
(2) the establishment of footpaths, trails and other
protected areas;
(3) the conservation of the proper use of natural
resources or the promotion of the study of plant and animal
communities and of other phases of ecology, natural history
and conservation;
(4) the promotion of education in the fields of nature,
preservation and conservation; or
(5) similar public recreational activities conducted

SB0146 - 55 - LRB097 06233 HEP 46308 b
by the Illinois Prairie Path Corporation.
No lien shall attach to the property of the State. No tax
liability shall become the obligation of or be enforceable
against Illinois Prairie Path Corporation.
(c) If the State sells the James R. Thompson Center or the
Elgin Mental Health Center and surrounding land located at 750
S. State Street, Elgin, Illinois, as provided in subdivision
(a)(2) of Section 7.4 of the State Property Control Act, to
another entity whose property is not exempt and immediately
thereafter enters into a leaseback or other agreement that
directly or indirectly gives the State a right to use, control,
and possess the property, that portion of the property leased
and occupied exclusively by the State shall remain exempt under
this Section. For the property to remain exempt under this
subsection (c), the State must retain an option to purchase the
property at a future date or, within the limitations period for
reverters, the property must revert back to the State.
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State to use, control, and possess
the property has been terminated; or
(2) the State no longer has an option to purchase or
otherwise acquire the property and there is no provision
for a reverter of the property to the State within the
limitations period for reverters.

SB0146 - 56 - LRB097 06233 HEP 46308 b
Pursuant to Sections 15-15 and 15-20 of this Code, the
State shall notify the chief county assessment officer of any
transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(c-1) If the Illinois State Toll Highway Authority sells
the Illinois State Toll Highway Authority headquarters
building and surrounding land, located at 2700 Ogden Avenue,
Downers Grove, Illinois as provided in subdivision (a)(2) of
Section 7.5 of the State Property Control Act, to another
entity whose property is not exempt and immediately thereafter
enters into a leaseback or other agreement that directly or
indirectly gives the State or the Illinois State Toll Highway
Authority a right to use, control, and possess the property,
that portion of the property leased and occupied exclusively by
the State or the Authority shall remain exempt under this
Section. For the property to remain exempt under this
subsection (c), the Authority must retain an option to purchase
the property at a future date or, within the limitations period
for reverters, the property must revert back to the Authority.

SB0146 - 57 - LRB097 06233 HEP 46308 b
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State or the Authority to use,
control, and possess the property has been terminated; or
(2) the Authority no longer has an option to purchase
or otherwise acquire the property and there is no provision
for a reverter of the property to the Authority within the
limitations period for reverters.
Pursuant to Sections 15-15 and 15-20 of this Code, the
Authority shall notify the chief county assessment officer of
any transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(d) The fair market rent of each parcel of real property in
Will County owned by the State of Illinois for the purpose of
developing an airport by the Department of Transportation shall
include the assessed value of leasehold tax. The lessee of each
parcel of real property in Will County owned by the State of
Illinois for the purpose of developing an airport by the

SB0146 - 58 - LRB097 06233 HEP 46308 b
Department of Transportation shall not be liable for the taxes
thereon. In order for the State to compensate taxing districts
for the leasehold tax under this paragraph the Will County
Supervisor of Assessments shall certify, in writing, to the
Department of Transportation, the amount of leasehold taxes
extended for the 2002 property tax year for each such exempt
parcel. The Department of Transportation shall pay to the Will
County Treasurer, from the Tax Recovery Fund, on or before July
1 of each year, the amount of leasehold taxes for each such
exempt parcel as certified by the Will County Supervisor of
Assessments. The tax compensation shall terminate on December
31, 2020. It is the duty of the Department of Transportation to
file with the Office of the Will County Supervisor of
Assessments an affidavit stating the termination date for
rental of each such parcel due to airport construction. The
affidavit shall include the property identification number for
each such parcel. In no instance shall tax compensation for
property owned by the State be deemed delinquent or bear
interest. In no instance shall a lien attach to the property of
the State. In no instance shall the State be required to pay
leasehold tax compensation in excess of the Tax Recovery Fund's
balance.
(e) Public Act 81-1026 applies to all leases or agreements
entered into or renewed on or after September 24, 1979.
(f) Notwithstanding anything to the contrary in this Code,
all property owned by the State that is the Illiana Expressway,

SB0146 - 59 - LRB097 06233 HEP 46308 b
as defined in the Public Private Agreements for the Illiana
Expressway Act, and that is used for transportation purposes
and that is leased for those purposes to another entity whose
property is not exempt shall remain exempt, and any leasehold
interest in the property shall not be subject to taxation under
Section 9-195 of this Act.
(g) Notwithstanding anything to the contrary in this
Section, all property owned by the State or the Illinois State
Toll Highway Authority that is defined as a transportation
project under the Public-Private Partnerships for
Transportation Act and that is used for transportation purposes
and that is leased for those purposes to another entity whose
property is not exempt shall remain exempt, and any leasehold
interest in the property shall not be subject to taxation under
Section 9-195 of this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-192, eff. 8-10-09;
96-913, eff. 6-9-10.)
(35 ILCS 200/15-195 new)
Sec. 15-195. Exemption for qualified airport leased
property. Notwithstanding anything in this Code to the
contrary, all property owned by an airport authority created
and established under the Airport Authorities Act shall remain
exempt from taxation and any leasehold interest in that
property is not subject to taxation under Section 9-195 if that
property is used for transportation purposes as part of a

SB0146 - 60 - LRB097 06233 HEP 46308 b
transportation project undertaken pursuant to the
Public-Private Partnerships for Transportation Act and is
leased to another entity whose property is not exempt.
Section 945. The Toll Highway Act is amended by adding
Section 11.1 as follows:
(605 ILCS 10/11.1 new)
Sec. 11.1. Public-private partnerships. The Authority may
exercise all powers granted to it under the Public-Private
Partnerships for Transportation Act.
Section 950. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part

SB0146 - 61 - LRB097 06233 HEP 46308 b
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of
the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,
and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes (i)
all projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; and (ii) all work
performed pursuant to a public private agreement under the
Public Private Agreements for the Illiana Expressway Act; and
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act.
"Public works" also includes all projects at leased facility

SB0146 - 62 - LRB097 06233 HEP 46308 b
property used for airport purposes under Section 35 of the
Local Government Facility Lease Act. "Public works" also
includes the construction of a new wind power facility by a
business designated as a High Impact Business under Section
5.5(a)(3)(E) of the Illinois Enterprise Zone Act. "Public
works" does not include work done directly by any public
utility company, whether or not done under public supervision
or direction, or paid for wholly or in part out of public
funds. "Public works" does not include projects undertaken by
the owner at an owner-occupied single-family residence or at an
owner-occupied unit of a multi-family residence.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be

SB0146 - 63 - LRB097 06233 HEP 46308 b
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
eff. 1-1-10; 96-186, eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000,
eff. 7-2-10.)
Section 999. Effective date. This Act takes effect upon
becoming law.