SB2140 99TH GENERAL ASSEMBLY

LRB099 12537 RJF 35993 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2140

Introduced 5/26/2015, by Sen. John M. Sullivan

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2705/2705-233 new
20 ILCS 3501/825-108 new
30 ILCS 500/1-10.5 new
30 ILCS 535/85 new
30 ILCS 570/2.8 new
30 ILCS 575/2.8 new
735 ILCS 30/15-5-48 new
820 ILCS 130/2	from Ch. 48, par. 39s-2

Creates the Innovations for Transportation Infrastructure Act. Provides that the Department of Transportation may evaluate and use alternative technical concepts proposed by bidders and proposers, and to use design-build and construction manager-general contractor project delivery methods. Contains provisions concerning the procurement process and terms of design-build and construction manager-general contractor contracts. Provides that the Department has eminent domain and quick take powers under the Act. Repeals the Act 5 years after the effective date of the Act, provided that any design-build contracts and construction manager-general contractor contracts entered into before that date, or any procurement of a transportation facility under the Act, commenced before that date and the contracts resulting from those procurements remain effective. Makes conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Innovations for Transportation Infrastructure Act.

Section 5. Legislative policy.

(a) It is the public policy of the State of Illinois to promote the development of infrastructure projects that serve the needs of the public.

(b) The design-build and construction manager-general contractor project delivery methods and use of alternative technical contracts have the potential to capture private sector innovation and safely deliver infrastructure projects on more predictable schedules and budgets. Earlier completion and lower cost for projects are possible with the ability to shift or share risks with the private sector that are generally retained by the public in the conventional design-bid-build project delivery method.

(c) It is the intent of the General Assembly that the Department of Transportation may evaluate and use alternative technical concepts proposed by bidders and proposers and to use the DB and CMGC project delivery methods.

(d) It is the intent of this Act to use design professionals, construction companies, and workers from this State to the greatest extent possible.

(e) The powers granted in this Act are in addition to any other powers authorized under applicable law.

Section 10. Definitions. As used in this Act:

"ATC" means alternative technical concepts.

"Best value" means any selection process in which proposals contain both price and qualitative components and award is based upon a combination of price and other factors.

"Chief procurement officer" means the chief procurement officer for construction or construction-related activities as defined under paragraph (2) of Section 1-15.15 of the Illinois Procurement Code.

"CMGC contract" means the two-phase contract between the Department and a construction manager-general contractor, which includes a first phase addressing preconstruction services and a second phase addressing the construction of the transportation facility.

"Construction manager-general contractor" or "CMGC" means a proposer that has entered into a construction manager-general contractor contract under this Act.

"Construction manager-general contractor project delivery method" or "CMGC project delivery method" means a method of procurement and contracting that makes a CMGC who enters into a contract with the Department responsible for certain preconstruction services and then, if the parties reach agreement on key terms, responsible for construction of the transportation facility.

"DB" means design-build.

"Department" means the Illinois Department of Transportation.

"Design-bid-build project delivery method" means the traditional method of procuring and contracting for design and construction services used in this State, which incorporates the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act and the principles of competitive bidding under the Illinois Procurement Code.

"Design-build contract" or "DB contract" means a contract between the Department and a design-builder under which the design-builder agrees to furnish architectural, surveying, engineering, construction, and related services for a transportation facility.

"Design-build project delivery method" or "DB project delivery method" means a method of procurement and contracting that provides responsibility within a single contract between the Department and a design-builder for the furnishing of architectural, surveying, engineering, construction, and related services for a transportation facility.

"Design-builder" means a proposer that has entered into a design-build contract with the Department under this Act.

"Evaluation Committee" means the committee assembled to evaluate and score statements of qualifications and proposals.

"Evaluation criteria" means the standards and requirements established by the Department against which the qualifications and proposals of a proposer will be assessed during the procurement of a design-build contract or construction manager-general contractor contract, as applicable.

"Metropolitan planning organization" means a metropolitan planning organization as defined under 23 U.S.C. 134 whose metropolitan planning area boundaries are partially or completely within this State.

"Preconstruction services" means all non-construction-related services that a construction manager-general contractor is allowed to perform during the first phase of a construction manager-general contractor contract, which includes giving advice to the Department regarding scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification.

"Proposal" means a proposer's response to a request for proposals.

"Proposer" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity legally established to conduct business in this State that proposes to be the design-build or construction manager-general contractor for any transportation facility under this Act. A proposer and its members shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the design professionals licensing Acts of this State.

"Qualifications" means a statement of qualifications submitted by a proposer in response to a request for qualifications.

"Request for proposals" means the document issued by the Department to solicit proposals and describe the procurement process for a design-build contract or construction manager-general contractor contract in accordance with the design-build project delivery method or the construction manager-general contractor project delivery method, as applicable.

"Request for qualifications" means the document issued by the Department in the first phase of a two-phase procurement to solicit qualifications from proposers in accordance with the design-build project delivery method or the construction manager-general contractor project delivery method, as applicable.

"Scope and performance requirements" means the constructed elements, activities, and standards of performance required by the Department to be complied with in the development of the transportation facility, which may include, but not be limited to, the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, preliminary engineering, design, and other requirements as developed and determined by the Department.

"Secretary" means the Secretary of Transportation of the Illinois Department of Transportation.

"Transportation facility" means any new or existing facility or group of facilities that are the subject of a design-build contract or a construction manager-general contractor contract, and which may include highways, roads, bridges, tunnels, overpasses, ferries, airports or other aviation facilities, public transportation facilities, vehicle parking facilities, seaport facilities, rail facilities, intermodal facilities, transit facilities, or similar facilities used for the transportation of persons or goods.

Section 15. Authorization of project delivery methods.

(a) Notwithstanding any other law, and as authority supplemental to its existing powers, the Department, in accordance with this Act, may use the design-build project delivery method or the CMGC project delivery method for transportation facilities; provided that, prior to commencing a procurement under this Act for either a design-build contract or a CMGC contract, the Department has first undertaken an analysis and made a written determination that it is in the best interests of this State to utilize the selected delivery method for that transportation facility. The analysis and determination shall discuss the design-build or CMGC project delivery method's impact on the anticipated schedule, completion date, and project costs. The best interests of the State analysis shall be made available to the public.

(b) The Department shall report to the General Assembly annually for the first 5 years after the effective date of this Act on the progress of procurements and transportation facilities procured under this Act. The Department's obligation to submit a progress report for a particular transportation facility shall, as applicable, end 2 years after:

(1) the Department's termination of the procurement;

(2) early termination of the design-build contract or CMGC contract; or

(3) completion of the transportation facility.

Section 20. Preconditions to commencement of procurement.

(a) If the Department determines to use the design-build project delivery method or the CMGC project delivery method for a particular transportation facility, the Department may not commence a procurement for the transportation facility until the following requirements are satisfied:

(1) the transportation facility is included in the Department's Multi-Year Highway Improvement Program;

(2) the Department has issued a notice of intent to receive qualifications at least 14 days prior to the issuance of the request for qualifications; or

(3) for a single phase procurement under subsection (a) of Section 25 of this Act, the Department has issued a notice of intent to receive proposals at least 14 days prior to the issuance of the request for proposals. If the Department issued one of the notices of intent described in this subsection (a), the Department shall publish the notice of intent in the State's procurement bulletin. The Department shall include a description of the proposed procurement and transportation facility in any notice of intent.

(b) The Department must determine that the transportation facility is consistent with the regional plan, in existence at the time, of any metropolitan planning organization in whose boundaries the transportation facility is located.

Section 25. Procurement process.

(a) The Department may solicit a proposer with which to enter into a design-build contract or CMGC contract, as applicable, by using, without limitation, one or more requests for qualifications, short-listing of the most highly qualified proposers, or requests for proposals and negotiations. The Department shall use a two-phase procurement to select the successful proposer; provided that the Department may use a single phase procurement if the transportation facility is estimated to cost less than $10,000,000 or the Secretary of Transportation makes a written determination that the Department may use a single phase procurement for a particular transportation facility. In a two-phase procurement, the Department shall use the first phase to evaluate and short-list the most highly qualified proposers based on qualifications, and then use the second phase to evaluate and select a proposer based on proposals submitted by the short-listed proposers. In a single phase procurement, the Department shall solicit proposers with a request for proposals, and shall evaluate and select a proposer based on those proposals.

(b) The request for qualifications may contain any information deemed appropriate by the Department including, without limitation, the following information:

(1) the anticipated scope of work for the transportation facility;

(2) a requirement that the proposer identify certain key personnel, and for DB contracts certain key firms, the experience of the personnel and firms, and the conditions on which identified personnel and firms can be replaced;

(3) the evaluation criteria for the qualifications and the relative importance of those criteria; these evaluation criteria may address, without limitation, the proposer's technical and financial qualifications, such as specialized experience, technical competence, capability to perform, financial capacity, past performance, including the proposer's safety record, and any other qualifications based factors;

(4) the Department's established prequalification, licensing, and registration requirements, including any requirements from the Professional Engineering Practice Act of 1989, the Illinois Architecture Practice Act of 1989, the Structural Engineering Practice Act of 1989, and the Illinois Professional Land Surveyor Act of 1989, provided that nothing contained herein precludes the Department's use of different or additional prequalification criteria or pass/fail evaluation factors addressing minimum levels of technical experience or financial capabilities;

(5) the maximum number of proposers the Department will short-list to submit proposals; and

(6) any other relevant information.

(c) Upon completion of the qualifications evaluation, the Department shall, based on the evaluation criteria set forth in the request for qualifications, create a short-list of the most highly qualified proposers. The Department shall short-list no more than 5 and no fewer than 2 of the most highly qualified proposers. Notwithstanding other provisions of this subsection (c), the Department may short-list fewer than 2 proposers if the Secretary of Transportation makes a finding that an emergency situation justifies the limited short-listing and fewer than 2 proposers meet any applicable prequalification and pass/fail requirements set forth in the request for qualifications.

(d) The request for proposals may contain any information deemed appropriate by the Department including, without limitation, the following information:

(1) the form and amount of required bid security;

(2) the terms of the DB or CMGC contract including, but not limited to, scope and performance requirements, schedule or completion date requirements, subcontractor requirements, payment and performance security requirements, and insurance requirements;

(3) a requirement for the proposer to submit plans regarding how it will:

(A) comply the utilization requirements for business enterprises established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, or federal law or regulations that establish standards and procedures for the utilization of minority, disadvantaged, and female-owned businesses; and

(B) comply with Section 2-105 of the Illinois Human Rights Act;

(4) the requirements for the technical component of the proposal, including a description of the level of design, scope and type of renderings, drawings, and specifications to be provided in the proposals;

(5) the requirements for the price component of the proposal, which for CMGC contracts may include a requirement for the proposer to submit a lump sum price for the direct costs to perform the required preconstruction services and percentage mark-up on those direct costs;

(6) the evaluation criteria for the proposals and the relative importance of those criteria, including any formulas to be employed by the Department, as the Department deems appropriate, and the technical proposal evaluation criteria may, without limitation, include compliance with the Department's stated objectives for the project, the proposal's compliance with the request for proposal requirements, the level of quality of proposed products or materials, and the quality of the proposed design;

(7) a process for the Department to review and accept alternate technical concepts;

(8) in the case of a single phase procurement, requirements regarding the proposer's qualifications; and

(9) any other relevant information.

(e) Prior to the proposers' submittal of proposals, the Department may conduct confidential meetings and exchange confidential information with proposers to promote understanding of the request for proposals, review alternative technical concepts, or discuss other issues related to the procurement.

(f) The date proposals are due must be at least 28 calendar days after the date the Department first issues the request for proposals.

(g) The Department may offer to pay a stipend in an amount and on the terms and conditions determined by the Department and as set forth in the request for proposals to (1) all short-listed proposers if the Department cancels the procurement before the due date for proposals; or (2) each unsuccessful proposer that submits a responsive proposal. The Department may pay a stipend only to those proposers who grant to the Department the right to use any work product contained in the unsuccessful proposer's proposal and other proposal-related submissions or, if the Department cancels the procurement before the due date for proposals, any work product developed prior to cancellation, including technologies, techniques, methods, processes, and information contained in the recipient's design for the transportation facility.

(h) The Department shall, as appropriate depending on whether the transportation facility includes building facilities, directly employ or retain a professional engineer or engineers licensed in the State or a licensed architect or architects, or both engineers licensed in this State and licensed architects, to prepare the scope and assist in the evaluation of the proposals' technical submissions under a design-build project delivery method. The professional engineers and licensed architects performing these services are generally precluded from participating in the procurement of the transportation facility at issue as a member of a proposer team.

(i) The Department shall have the right to reject any and all qualifications or proposals, including, but not limited to, the right to reject any qualifications or proposals as non-responsive if, in the Department's sole discretion, the qualifications or proposals do not meet all material requirements of the request for qualifications or request for proposals, as appropriate. The Department shall not consider a proposal that does not include:

(1) the proposer's plan to comply with requirements established by the Department regarding utilization of business enterprises, including disadvantaged business enterprises; or

(2) bid security in the form and amount designated in the request for proposals.

(j) The Department shall consult with the chief procurement officer on the DB and the CMGC procurement processes, and the Secretary, in consultation with the chief procurement officer, shall determine which procedures to adopt and apply to the design-build and CMGC procurement processes in order to ensure an open, transparent, and efficient process that accomplishes the purposes of this Act.

Section 30. Evaluation committee.

(a) The Department shall establish one or more evaluation committees to assist in selecting a DB and a CMGC. The Department shall, in its sole discretion, determine the appropriate size and composition of the evaluation committee, including how many members of the committee must be licensed design professionals.

(b) The Department may establish an evaluation committee for a set term or for the procurement of a particular transportation facility.

(c) Each member of an evaluation committee must certify for each request for proposals that no conflict of interest exists between the member and the proposer. If the Department, after consultation with the chief procurement officer, determines that an actual conflict exists, the member shall not participate on the evaluation committee for that procurement and the Department shall appoint a replacement member on either a permanent or temporary basis.

Section 35. Procedures for selection. The Department shall review, evaluate, and score proposals and determine which proposal offers the best value to the public based on the evaluation criteria set forth in the request for proposals. The Department shall submit its best value proposal recommendation to the evaluation committee. Based on the evaluation criteria set forth in the request for proposals, the evaluation committee shall decide whether to adopt the Department's recommendation. If the evaluation committee adopts the recommendation, the Department may award the DB contract or CMGC contract, as applicable, to the selected proposer. Notwithstanding other provisions of this Section, if for any reason the selected proposer is unable or unwilling to execute the contract, including the failure of the proposer and the Department to successfully complete negotiations, if any, of the contract, the Department may award the contract to the proposer whose proposal the Department determines offers the public the next best value.

Section 40. Project records; confidentiality; public disclosure.

(a) The Department shall maintain all written decisions, qualification and proposal evaluations, scoring documents, selection evaluations, proposals, and procurement documents in a procurement file maintained by the Department.

(b) A proposer may identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential, commercial, financial, or proprietary information. To consider confidential and proprietary information, including trade secrets, to be exempt from disclosure, the proposer shall do all of the following:

(1) request exclusion from disclosure upon submission of the information or other materials for which protection is sought;

(2) identify the data or other materials for which protection is sought;

(3) state the statutory or regulatory basis for the protection;

(4) fully comply with the federal Freedom of Information Act and any other applicable provisions of State law, including, but not limited to, the Freedom of Information Act, with respect to information the proposer contends should be exempt from disclosure; and

(5) certify if the information is in accordance with the protection of the Illinois Trade Secrets Act.

(c) Notwithstanding any other provision of law, in order to properly balance the need to maximize competition under this Act with the need to create a transparent procurement process, the qualifications, proposals, and other information and documents submitted by proposers and the Department's evaluation records shall not be subject to release or disclosure by the Department until execution of the DB contract or CMGC contract, as applicable. If the Department terminates the procurement for a transportation facility, the exemption from release or disclosure under this Section shall remain in place until the Department re-procures the transportation facility and has entered into a DB contract or CMGC contract, as applicable. However, this exemption shall lapse if the Department does not commence the re-procurement of the transportation facility within 2 years of the termination.

Section 45. Design-build contract. A DB contract may include any provisions the Department determines are necessary or appropriate, including, but not limited to, provisions regarding the following:

(1) compensation or payments to the DB;

(2) grounds for termination of the DB contract, including the Department's right to terminate for convenience;

(3) liability for damages and nonperformance;

(4) events of default and the rights and remedies available to the design-builder and the Department in the event of a default or delay;

(5) terms for the DB's compliance with requirements pertaining to business enterprises, including disadvantaged business enterprises, and with Section 2-105 of the Illinois Human Rights Act;

(6) the identification of any technical specifications that the DB must comply with when developing plans or performing construction work;

(7) the procedures for review and approval of the DB's plans;

(8) required performance and payment security;

(9) the terms and conditions of indemnification and minimum insurance requirements; and

(10) any other terms and conditions deemed necessary.

Section 50. Construction manager-general contractor contract.

(a) The CMGC contract shall divide the CMGC services into 2 phases. The first phase shall address preconstruction services and the procedures the parties shall follow to finalize the contract terms for the second phase. The second phase shall address the CMGC's construction of the transportation facility for a lump sum or a guaranteed maximum price.

(b) A CMGC contract shall include provisions regarding the following:

(1) the CMGC's provision of preconstruction services during the first phase of the contract, including the CMGC's compensation for those services;

(2) a requirement that, during the first phase of the contract, the CMGC shall use a competitive bidding process to procure subcontracts for at least 70% of the construction work, provided that:

(A) compliance with this requirement shall be based on an estimated cost for the construction work approved by the Department prior to the start of the competitive bidding process; and

(B) the CMGC may not use subcontracts with its wholly or partially owned subsidiaries, parent companies, or affiliates to satisfy this obligation;

(3) the process the Department and the CMGC will use to determine a lump sum or guaranteed maximum price for the construction work, which shall include a requirement that the Department conduct an independent cost estimate for the construction work; and

(4) grounds for termination of the CMGC contract, including the Department' s right to terminate the contract and not proceed with the construction phase of the project if the Department and the CMGC are unable to negotiate a lump sum or guaranteed maximum price for the construction work.

(c) In addition to the provisions under subsection (b) of this Section, a CMGC contract may include any other provisions the Department determines are necessary or appropriate, including, but not limited to, provisions regarding the following:

(1) liability for damages and nonperformance;

(2) events of default and the rights and remedies available to the CMGC and the Department in the event of a default or delay;

(3) terms for the CMGC's compliance with requirements pertaining to business enterprises, including disadvantaged business enterprises, and with Section 2-105 of the Illinois Human Rights Act for any construction work performed under the CMGC contract;

(4) the identification of any technical specifications that the CMGC must comply with when aiding the Department with developing plans or performing construction work;

(5) required performance and payment security for the construction phase of the contract;

(6) the terms and conditions of indemnification and minimum insurance requirements; and

(7) any other terms and conditions deemed necessary.

(d) If the CMGC contract is terminated for any reason, the Department may, in its sole discretion, re-advertise the CMGC contract under this Act or use any other authorized procurement method to complete the transportation facility or any portion of the transportation facility. Once the contract is terminated, the Department may use any work product developed by the CMGC to complete the transportation facility.

Section 55. Funding; financing.

(a) The Department may utilize any lawful source of funding and financing to compensate a DB and CMGC for work and services performed under a DB contract or CMGC contract, as applicable, and the Department may combine federal, State, local, and private funds to finance a transportation facility.

(b) Subject to appropriation by the General Assembly of the required amounts, the Department may obligate and make expenditures of funds as and when needed to satisfy its payment obligations under a DB contract or CMGC contract.

Section 60. Acquisition of property; related agreements. The Department may exercise any and all powers of condemnation or eminent domain, including quick-take powers, to acquire lands or estates or interests in land for a transportation facility under this Act or to the extent the Department finds that the action serves the public purpose of this Act and deems the action appropriate in the exercise of its powers under this Act. In addition, the Department and a DB or CMGC may enter into leases, licenses, easements, and other grants of property interests that the Department determines are necessary to deliver a transportation facility under this Act.

Section 65. Federal requirements. In the procurement of DB contracts and CMGC contracts, the Department shall, to the extent necessary, comply with federal law and regulations and take all necessary steps to adapt its rules, policies, and procedures to remain eligible for federal aid.

Section 70. Powers. The powers granted to the Department under this Act shall be liberally construed to accomplish its purpose, are in addition to any existing powers of the Department, and shall not affect or impair any other powers authorized under applicable law. This includes powers to procure and enter into DB contracts and CMGC contracts under this Act.

Section 75. Rulemaking.

(a) The Illinois Administrative Procedure Act applies to all administrative rules and procedures of the Department under this Act, except that nothing in this Act shall be construed to render any prequalification or other responsibility criteria as a "license" or "licensing" under that Act.

(b) The Department may adopt rules to carry out the provisions of this Act.

Section 80. Repealer. This Act is repealed 5 years after the effective date of this Act, provided that any DB contracts and CMGC contracts entered into before that date, or any procurement of a transportation facility under this Act, commenced before that date and the contracts resulting from those procurements shall remain in effect.

Section 905. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-233 as follows:

(20 ILCS 2705/2705-233 new)

Sec. 2705-233. Design-build and construction manager-general contractor for the transportation infrastructure. The Department may exercise all powers granted to it under the Innovations for Transportation Infrastructure Act, including, but not limited to, the power to enter into all contracts or agreements necessary or incidental to the performance of its powers under that Act, and powers related to any transportation facility implemented under that Act.

Section 910. The Illinois Finance Authority Act is amended by adding Section 825-108 as follows:

(20 ILCS 3501/825-108 new)

Sec. 825-108. Transportation project financing. For the purpose of financing a transportation facility undertaken under the Innovations for Transportation Infrastructure Act, the Authority may apply for an allocation of tax-exempt bond financing authorization provided by subsection (m) of Section 142 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 adding Section 1-10.5 as follows:

(30 ILCS 500/1-10.5 new)

Sec. 1-10.5. Alternative technical concepts. Notwithstanding subsection (b) of Section 1-10 of this Code, the Department of Transportation may allow bidders and proposers to submit alternative technical concepts in their bids and proposals, provided the Department determines that the alternative technical concepts provide an equal or better solution than the underlying technical requirements applicable to the work. If the Department of Transportation allows bidders or proposers for a particular contract to submit alternative technical concepts, the Department shall describe the process for alternative technical concept submission and evaluation in the procurement documents for that contract, including the potential use of confidential meetings and the exchange of confidential information with bidders and proposers to review and discuss potential or proposed alternative technical concepts.

Section 920. The Architectural, Engineering, and Land Surveying Qualifications Based Selection Act is amended by adding Section 85 as follows:

(30 ILCS 535/85 new)

Sec. 85. Design-build and construction manager-general contractor contracts. This Act shall not apply to the procurement of or contracting for transportation facilities under design-build contracts and construction manager-general contractor contracts under the Innovations for Transportation Infrastructure Act.

Section 925. The Employment of Illinois Workers on Public Works Act is amended by adding Section 2.8 as follows:

(30 ILCS 570/2.8 new)

Sec. 2.8. Design build and construction manager-general contractor contracts. This Act applies to any construction work undertaken under design build contracts and construction manager-general contractor contracts entered into under the Innovations for Transportation Infrastructure Act.

Section 930. The Business Enterprise for Minorities, Females, and Persons with Disabilities Act is amended by adding Section 2.8 as follows:

(30 ILCS 575/2.8 new)

Sec. 2.8. Design build and construction manager-general contractor contracts. This Act applies to any construction work undertaken under design build contracts and construction manager-general contractor contracts entered into under the Innovations for Transportation Infrastructure Act.

Section 935. The Eminent Domain Act is amended by adding Section 15-5-48 as follows:

(735 ILCS 30/15-5-48 new)

Sec. 15-5-48. Eminent domain powers in new Acts. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain:

The Innovations for Transportation Infrastructure Act; for the purposes of constructing a transportation facility under the Act.

Section 940. 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 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; loans or other funds made available pursuant to the Riverfront Development Fund under Section 10-15 of the River Edge Redevelopment Zone 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; (ii) all work performed pursuant to a public private agreement under the Public Private Agreements for the Illiana Expressway Act or the Public-Private Agreements for the South Suburban Airport Act; and (iii) all projects undertaken under a public-private agreement under the Public-Private Partnerships for Transportation Act; and (iv) all transportation facilities undertaken under a design-build contract or a construction manager-general contractor contract under the Innovations for Transportation Infrastructure Act. "Public works" also includes all projects at leased facility 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" also includes any corrective action performed pursuant to Title XVI of the Environmental Protection Act for which payment from the Underground Storage Tank Fund is requested. "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. "Public works" does not include work performed for soil and water conservation purposes on agricultural lands, whether or not done under public supervision or paid for wholly or in part out of public funds, done directly by an owner or person who has legal control of those lands.

"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 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 annualized 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. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. 7-16-14.)

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.