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| Public Act 097-0808
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| SB3318 Enrolled | LRB097 17401 HEP 64211 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Private Agreements for the Illiana |
Expressway Act is amended by changing Sections 25, 80, and 95 |
as follows:
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(605 ILCS 130/25)
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Sec. 25. Provisions of the public private agreement. |
(a) The public private agreement shall include all of the |
following: |
(1) The term of the public private agreement that is |
consistent with Section 15 of this Act; |
(2) The powers, duties, responsibilities, obligations, |
and functions of the Department and the contractor; |
(3) Compensation or payments to the Department, if |
applicable; |
(4) Compensation or payments to the contractor; |
(5) A provision specifying that the Department: |
(A) has ready access to information regarding the |
contractor's powers, duties, responsibilities, |
obligations, and functions under the public private |
agreement; |
(B) has the right to demand and receive information |
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from the contractor concerning any aspect of the |
contractor's powers, duties, responsibilities, |
obligations, and functions under the public private |
agreement; and |
(C) has the authority to direct or countermand |
decisions by the contractor at any time; |
(6) A provision imposing an affirmative duty on the |
contractor to provide the Department with any information |
the contractor reasonably believes the Department would |
want to know or would need to know to enable the Department |
to exercise its powers, carry out its duties, |
responsibilities, and obligations, and perform its |
functions under this Act or the public private agreement or |
as otherwise required by law; |
(7) A provision requiring the contractor to provide the |
Department with advance notice of any decision that bears |
significantly on the public interest so the Department has |
a reasonable opportunity to evaluate and countermand that |
decision pursuant to this Section; |
(8) A requirement that the Department monitor and |
oversee the contractor's practices and take action that the |
Department considers appropriate to ensure that the |
contractor is in compliance with the terms of the public |
private agreement; |
(9) The authority of the Department to enter into |
contracts with third parties pursuant to Section 50 of this |
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Act; |
(10) A provision governing the contractor's authority |
to negotiate and execute subcontracts with third parties; |
(10.5) A provision stating that, in the event the |
contractor finds it necessary, proper, or desirable to |
enter into subcontracts with one or more design-build |
entities, then it must follow a selection process that is, |
to the greatest extent possible, identical to the selection |
process contained in the Design-Build Procurement Act; |
(11) The authority of the contractor to impose user |
fees and the amounts of those fees, including the authority |
of the contractor to use congestion pricing, pursuant to |
which higher tolls rates are imposed during times or in |
locations of increased congestion; |
(12) A provision governing the deposit and allocation |
of revenues including user fees; |
(13) A provision governing rights to real and personal |
property of the State, the Department, the contractor, and |
other third parties; |
(14) A provision stating that the contractor must, |
pursuant to Section 75 of this Act, finance an independent |
audit if the construction costs under the contract exceed |
$50,000,000; |
(15) A provision regarding the implementation and |
delivery of a comprehensive system of internal audits; |
(16) A provision regarding the implementation and |
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delivery of reports, which must include a requirement that |
the contractor file with the Department, at least on an |
annual basis, financial statements containing information |
required by generally accepted accounting principles |
(GAAP); |
(17) Procedural requirements for obtaining the prior |
approval of the Department when rights that are the subject |
of the agreement, including but not limited to development |
rights, construction rights, property rights, and rights |
to certain revenues, are sold, assigned, transferred, or |
pledged as collateral to secure financing or for any other |
reason; |
(18) Grounds for termination of the agreement by the |
Department or the contractor and a restatement of the |
Department's rights under Section 35 of this Act; |
(19) A requirement that the contractor enter into a |
project labor agreement pursuant to Section 100 of this |
Act; |
(19.5) A provision stating that construction |
contractors shall comply with the requirements of Section |
30-22 of the Illinois Procurement Code pursuant to Section |
100 of this Act; |
(20) Timelines, deadlines, and scheduling; |
(21) Review of plans, including development, |
financing, construction, management, or operations plans, |
by the Department; |
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(22) Inspections by the Department, including |
inspections of construction work and improvements; |
(23) Rights and remedies of the Department in the event |
that the contractor defaults or otherwise fails to comply |
with the terms of the agreement; |
(24) A code of ethics for the contractor's officers and |
employees; and |
(25) Procedures for amendment to the agreement. |
(b) The public private agreement may include any or all of |
the following: |
(1) A provision regarding the extension of the |
agreement that is consistent with Section 15 of this Act; |
(2) Cash reserves requirements; |
(3) Delivery of performance and payment bonds or other |
performance security in a form and amount that is |
satisfactory to the Department; |
(4) Maintenance of public liability insurance; |
(5) Maintenance of self-insurance; |
(6) Provisions governing grants and loans, pursuant to |
which the Department may agree to make grants or loans for |
the development, financing, construction, management, or |
operation of the Illiana Expressway 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; |
(7) Reimbursements to the Department for work |
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performed and goods, services, and equipment provided by |
the Department; and |
(8) All other terms, conditions, and provisions |
acceptable to the Department that the Department deems |
necessary and proper and in the public interest.
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(Source: P.A. 96-913, eff. 6-9-10.)
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(605 ILCS 130/80)
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Sec. 80. Property acquisition. The Department may acquire |
property for the Illiana Expressway project using the powers |
granted to it in the Illinois Highway Code and the Eminent |
Domain Act. The Department may not exercise the power of quick |
take in connection with the Illiana Expressway project.
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(Source: P.A. 96-913, eff. 6-9-10.)
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(605 ILCS 130/95)
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Sec. 95. Financial arrangements. |
(a) The Department may apply for, execute, or endorse |
applications submitted by contractors and other third parties |
to obtain federal, State, or local credit assistance to |
develop, finance, maintain, or operate the Illiana Expressway |
project. |
(b) The Department may take any action to obtain federal, |
State, or local assistance for the Illiana Expressway project |
that serves the public purpose of this Act and may enter into |
any contracts required to receive the federal assistance. The |
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Department may determine that it serves the public purpose of |
this Act for all or any portion of the costs of the Illiana |
Expressway 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 Department may agree to make grants or loans for |
the development, financing, construction, management, or |
operation of the Illiana Expressway 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 the Illiana Expressway project may be |
in the amounts and subject to the terms and conditions |
contained in the public private agreement. |
(e) For the purpose of financing the Illiana Expressway |
project, the contractor and the Department may do the |
following: |
(1) propose to use any and all revenues that may be |
available to them; |
(2) enter into grant agreements; |
(3) access any other funds available to the Department; |
and |
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(4) accept grants from any public or private agency or |
entity. |
(f) For the purpose of financing the Illiana Expressway |
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 the Illiana Expressway |
project, the Department is authorized to apply for, execute, or |
endorse 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 by or on behalf of a contractor for the purposes of a |
project undertaken pursuant to 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.
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(Source: P.A. 96-913, eff. 6-9-10.)
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Section 10. The Eminent Domain Act is amended by changing |
Section 15-5-35 as follows:
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(735 ILCS 30/15-5-35)
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Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 |
through 625. The following provisions of law may include |
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express grants of the power to acquire property by condemnation |
or eminent domain:
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(605 ILCS 5/4-501); Illinois Highway Code; Department of |
Transportation and counties; for highway purposes.
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(605 ILCS 5/4-502); Illinois Highway Code; Department of |
Transportation; for ditches and drains.
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(605 ILCS 5/4-505); Illinois Highway Code; Department of |
Transportation; for replacement of railroad and public |
utility property taken for highway purposes.
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(605 ILCS 5/4-509); Illinois Highway Code; Department of |
Transportation; for replacement of property taken for |
highway purposes.
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(605 ILCS 5/4-510); Illinois Highway Code; Department of |
Transportation; for rights-of-way for future highway |
purposes.
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(605 ILCS 5/4-511); Illinois Highway Code; Department of |
Transportation; for relocation of structures taken for |
highway purposes.
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(605 ILCS 5/5-107); Illinois Highway Code; counties; for county |
highway relocation.
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(605 ILCS 5/5-801); Illinois Highway Code; counties; for |
highway purposes.
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(605 ILCS 5/5-802); Illinois Highway Code; counties; for |
ditches and drains.
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(605 ILCS 5/6-309); Illinois Highway Code; highway |
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commissioners or county superintendents; for township or |
road district roads.
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(605 ILCS 5/6-801); Illinois Highway Code; highway |
commissioners; for road district or township roads.
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(605 ILCS 5/6-802); Illinois Highway Code; highway |
commissioners; for ditches and drains.
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(605 ILCS 5/8-102); Illinois Highway Code; Department of |
Transportation, counties, and municipalities; for limiting |
freeway access.
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(605 ILCS 5/8-103); Illinois Highway Code; Department of |
Transportation, counties, and municipalities; for freeway |
purposes.
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(605 ILCS 5/8-106); Illinois Highway Code; Department of |
Transportation and counties; for relocation of existing |
crossings for freeway purposes.
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(605 ILCS 5/9-113); Illinois Highway Code; highway |
authorities; for utility and other uses in rights-of-ways.
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(605 ILCS 5/10-302); Illinois Highway Code; counties; for |
bridge purposes.
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(605 ILCS 5/10-602); Illinois Highway Code; municipalities; |
for ferry and bridge purposes.
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(605 ILCS 5/10-702); Illinois Highway Code; municipalities; |
for bridge purposes.
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(605 ILCS 5/10-901); Illinois Highway Code; Department of |
Transportation; for ferry property.
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(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway |
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Authority; for toll highway purposes.
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(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll |
Highway Authority; for its authorized purposes.
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(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway |
Authority; for property of a municipality or political |
subdivision for toll highway purposes.
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(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge |
purposes.
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(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose |
of taking a toll bridge to make it a free bridge.
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(605 ILCS 130/80); Public Private Agreements for the Illiana |
Expressway Act; Department of Transportation; for the |
Illiana Expressway project. |
(610 ILCS 5/17); Railroad Incorporation Act; railroad |
corporation; for real estate for railroad purposes.
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(610 ILCS 5/18); Railroad Incorporation Act; railroad |
corporations; for materials for railways.
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(610 ILCS 5/19); Railroad Incorporation Act; railways; for land |
along highways.
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(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of |
railroad companies; for railroad purposes.
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(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; |
street railroad companies; for street railroad purposes.
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(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of |
Natural Resources; for land along public waters for |
pleasure, recreation, or sport purposes.
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(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural |
Resources; for waterways and appurtenances.
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(615 ILCS 15/7); Flood Control Act of 1945; Department of |
Natural Resources; for the purposes of the Act.
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(615 ILCS 30/9); Illinois and Michigan Canal Management Act; |
Department of Natural Resources; for dams, locks, and |
improvements.
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(615 ILCS 45/10); Illinois and Michigan Canal Development Act; |
Department of Natural Resources; for development and |
management of the canal.
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(620 ILCS 5/72); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
airport purposes.
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(620 ILCS 5/73); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
removal of airport hazards.
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(620 ILCS 5/74); Illinois Aeronautics Act; Division of |
Aeronautics of the Department of Transportation; for |
airport purposes.
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(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics |
of the Department of Transportation; for air rights.
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(620 ILCS 40/2 and 40/3); General County Airport and Landing |
Field Act; counties; for airport purposes.
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(620 ILCS 40/5); General County Airport and Landing Field Act; |
counties; for removing hazards.
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(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of |
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directors of airports and landing fields; for airport and |
landing field purposes.
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(620 ILCS 50/22 and 50/31); County Airports Act; counties; for |
airport purposes.
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(620 ILCS 50/24); County Airports Act; counties; for removal of |
airport hazards.
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(620 ILCS 50/26); County Airports Act; counties; for |
acquisition of airport protection privileges.
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(620 ILCS 52/15); County Air Corridor Protection Act; counties; |
for airport zones.
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(620 ILCS 55/1); East St. Louis Airport Act; Department of |
Transportation; for airport in East St. Louis metropolitan |
area.
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(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the |
O'Hare modernization program, including quick-take power.
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(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; |
for general purposes.
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(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; |
for railroad purposes, including quick-take power.
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(Source: P.A. 94-1055, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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