HB5171 103RD GENERAL ASSEMBLY

LRB103 36741 MXP 66851 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5171

Introduced 2/9/2024, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

630 ILCS 5/15

Amends the Public-Private Partnerships for Transportation Act. Provides that each year, at least 30 days prior to the beginning of the responsible public entity's fiscal year, the responsible public entity shall submit to the General Assembly a description of potential projects that the responsible public entity is considering undertaking under the Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. Requires any new transportation facility developed as a project under the Act to be consistent with the regional plan then in existence of any metropolitan planning organization in whose boundaries the project is located. Provides that, prior to the approval of the public-private agreement, the responsible public entity must notify the public at least 60 days prior to the approval of the public-private agreement for any projects under the Act and must hold at least one public meeting within the impacted community. Sets forth additional notice requirements. Sets forth public meeting requirements. Requires the responsible public entity to create a meeting summary including issues raised by the public and respond to all questions in writing no later than 14 days after the meeting. Requires the responsible public entity to post the summary and responses to the responsible public entity's publicly accessible website. Makes other changes.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Public-Private Partnerships for Transportation Act is amended by changing Section 15 as follows:

(630 ILCS 5/15)

Sec. 15. Formation of public-private agreements; project planning.

(a) Each responsible public entity may exercise the powers granted by this Act to do some or all to design, develop, construct, finance, and operate any part of one or more transportation projects through public-private agreements with one or more private entities, except for transportation projects for the Illiana Expressway as defined in the Public Private Agreements for the Illiana Expressway Act. The net proceeds, if any, arising out of a transportation project or public-private agreement undertaken by the Department pursuant to this Act shall be deposited into the Public-Private Partnerships for Transportation 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 may enter into a public-private partnership to design, develop, construct, 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. The Authority may operate or provide operational services such as toll collection on highways which are developed or financed, or both, through a public-private agreement entered into by another public entity, under an agreement with the public entity or contractor responsible for the transportation project.

(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.

(d) Prior to commencing the procurement process under an unsolicited proposal or the issuance of any request for qualifications or request for proposals with respect to any potential project undertaken by a responsible public entity pursuant to Section 19 or 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) (Blank).

(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 requirements.

(g) (Blank).

(h) The responsible public entity shall hold one or more public hearings following its submittals to the General Assembly under subsection (d) of this Section. These public hearings shall address any potential project that the responsible public entity submitted to the General Assembly for review under subsection (d). The responsible public entity shall publish a notice of the hearing or hearings at least 7 days before a hearing takes place, and shall include the following in the notice: (i) the date, time, and place of the hearing and the address of the responsible public entity; (ii) a brief description of the potential projects that the responsible public entity is considering undertaking; and (iii) a statement that the public may comment on the potential projects.

(i) Each year, at least 30 days prior to the beginning of the responsible public entity's fiscal year, the responsible public entity shall submit to the General Assembly a description of potential projects that the responsible public entity is considering undertaking under this Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries.

(j) 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.

(k) Prior to the approval of the public-private agreement, the responsible public entity must notify the public at least 60 days prior to the approval of the public-private agreement for any projects under this Act and must hold at least one public meeting within the impacted community. The notice required under this subsection must include the following information:

(1) the date, time, and location of the public meeting required under this Section;

(2) the date and time of all public meetings regarding the project;

(3) where to access the project description described under paragraph (3) of subsection (c) of Section 19, if applicable;

(4) the expected location of the project and associated construction duration; and

(5) a non-English version of the notice if 10% or more of the local population speaks a primary language other than English, which shall reflect the prevalent languages of the non-English speaking residents in that area.

(l) The public meeting is subject to the following rules:

(1) The public meeting must begin after 5:00 p.m. and be located at a venue that is accessible to persons with disabilities and the owner or operator of the venue must provide reasonable accommodations, as defined in the Americans with Disabilities Act, upon request.

(2) The responsible public entity must provide translation services during a public meeting if a proposed project is located in an area in which 10% or more of the local population speaks a primary language other than English, if requested by a non-English speaking member of the public.

(m) During a public meeting, a contractor must:

(1) present the schedule and process for the project, which must cover the noise, air quality, environmental, public health, and any other community impacts expected from the project;

(2) include a question-and-answer portion of the meeting to allow the public to ask questions; and

(3) ensure that representatives that speak on behalf of the contractor are qualified and knowledgeable on the subject matter to answer questions posed by the public.

(n) The responsible public entity shall have a representative present at the public meeting who is familiar with the proposed project. The responsible public entity must create a meeting summary, including issues raised by the public, and respond to all questions in writing no later than 14 days after the meeting. The responsible public entity shall post the summary and responses to the responsible public entity's publicly accessible website and advise the telephone, email, and text lists along with the meeting summary document. The responsible public entity shall ensure that the public meeting is made available to watch and participate in a meaningful way online and recorded. The recording shall be made available on a publicly accessible website.

(Source: P.A. 103-570, eff. 1-1-24.)