Sen. Toi W. Hutchinson
Filed: 4/30/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1075
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1075, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Illiana Expressway Public-Private Partnerships for | ||||||
7 | Transportation Act. | ||||||
8 | Section 5. Public policy and legislative intent. | ||||||
9 | (a) It is the public policy of the State of Illinois to | ||||||
10 | promote the development, financing, and operation of | ||||||
11 | transportation facilities that serve the needs of the public, | ||||||
12 | whether through traditional or innovative methods. | ||||||
13 | (b) Several states, including the State of Indiana, have | ||||||
14 | utilized public-private partnerships as a successful and | ||||||
15 | innovative method to develop, finance, and operate | ||||||
16 | transportation facilities in a timely, efficient, and |
| |||||||
| |||||||
1 | cost-effective fashion and thereby advancing the public's | ||||||
2 | needs and interests. | ||||||
3 | (c) The State of Illinois and the State of Indiana have | ||||||
4 | undertaken cooperative planning efforts to create a new | ||||||
5 | interstate highway connecting Interstate Highway 55 in | ||||||
6 | Illinois to Interstate Highway 65 in Indiana to serve the | ||||||
7 | public, commonly known as the Illiana Expressway. | ||||||
8 | (d) The creation of the Illiana Expressway will promote | ||||||
9 | development and investment in the State of Illinois and serve | ||||||
10 | as a critical transportation in the region. | ||||||
11 | (e) The State of Indiana will develop, finance, and operate | ||||||
12 | its portion of the Illiana Expressway as a public-private | ||||||
13 | partnership through existing statutory authority. | ||||||
14 | (f) To ensure that the State of Illinois remains at the | ||||||
15 | forefront of providing premier transportation facilities and | ||||||
16 | Illinois continues its cooperative efforts with the State of | ||||||
17 | Indiana, it is in the public interest to permit the Department | ||||||
18 | of Transportation, on a pilot-project basis, to enter into a | ||||||
19 | public-private partnership to develop, finance, and operate | ||||||
20 | the new Illiana Expressway. | ||||||
21 | (g) This Act is intended to be used as a framework for | ||||||
22 | future public-private partnerships authorized by law based | ||||||
23 | upon the State of Illinois' experience with creating the | ||||||
24 | Illiana Expressway via public-private partnership. | ||||||
25 | (h) It is the intent of this Act to encourage the practice | ||||||
26 | of congestion pricing in connection with the Illiana Expressway |
| |||||||
| |||||||
1 | as a toll highway, pursuant to which higher toll rates are | ||||||
2 | charged during times or in locations of most congestion. | ||||||
3 | (i) It is the intent of this Act to use Illinois design | ||||||
4 | professionals, construction companies, and workers to the | ||||||
5 | greatest extent permitted by law by offering them the right to | ||||||
6 | compete for this work. | ||||||
7 | Section 10. Definitions. | ||||||
8 | As used in this Act: | ||||||
9 | "Approved proposal" means the proposal that is approved by | ||||||
10 | the Department pursuant to subsection (h) of Section 20 of this | ||||||
11 | Act. | ||||||
12 | "Approved proposer" means the private entity whose | ||||||
13 | proposal is the approved proposal. | ||||||
14 | "Competing proposal" means a proposal submitted by a | ||||||
15 | private entity in connection with the proposed Illiana | ||||||
16 | Expressway. | ||||||
17 | "Contractor" means a private entity that has entered into | ||||||
18 | the public-private agreement with the Department to provide | ||||||
19 | services to or on behalf of the Department. | ||||||
20 | "Department" means the Illinois Department of | ||||||
21 | Transportation. | ||||||
22 | "Develop" or "development" means to do one or more of the | ||||||
23 | following: plan, design, develop, lease, acquire, install, | ||||||
24 | construct, reconstruct, rehabilitate, extend, or expand. | ||||||
25 | "Illiana" means the fully access-controlled Illiana |
| |||||||
| |||||||
1 | Expressway connecting northwestern Indiana and northeastern | ||||||
2 | Illinois, as a toll or non-toll facility, connecting Interstate | ||||||
3 | 55 in northeastern Illinois with Interstate 65 in northwestern | ||||||
4 | Indiana. | ||||||
5 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
6 | repair, rehabilitation, capital maintenance, maintenance | ||||||
7 | replacement, and any other categories of maintenance that may | ||||||
8 | be designated by the Department. | ||||||
9 | "Metropolitan planning organization" means a metropolitan | ||||||
10 | planning organization designated under 23 U.S.C. Section 134 | ||||||
11 | whose metropolitan planning area boundaries are partially or | ||||||
12 | completely within the State. | ||||||
13 | "Operate" or "operation" means to do one or more of the | ||||||
14 | following: maintain, improve, equip, modify, or otherwise | ||||||
15 | operate. | ||||||
16 | "Private entity" means any combination of one or more | ||||||
17 | individuals, corporations, general partnerships, limited | ||||||
18 | liability companies, limited partnerships, joint ventures, | ||||||
19 | business trusts, nonprofit entities, or other business | ||||||
20 | entities that are parties to a proposal for Illiana or an | ||||||
21 | agreement related to Illiana. A public agency may provide | ||||||
22 | services to a contractor as a subcontractor or subconsultant | ||||||
23 | without affecting the private status of the private entity and | ||||||
24 | the ability to enter into the public-private agreement. | ||||||
25 | "Procurement Policy Board" has the meaning ascribed to that | ||||||
26 | term by Section 1-15.05 and Article 5 of the Illinois |
| |||||||
| |||||||
1 | Procurement Code. | ||||||
2 | "Proposal" means all materials and documents prepared by or | ||||||
3 | on behalf of a private entity relating to the proposed | ||||||
4 | development, financing, or operation of Illiana. | ||||||
5 | "Proposer" means a private entity that has submitted a | ||||||
6 | proposal or statement of qualifications for the public-private | ||||||
7 | agreement in response to a request for proposals or a request | ||||||
8 | for qualifications issued by the Department under this Act. | ||||||
9 | "Public-private agreement" means the public-private | ||||||
10 | agreement between the contractor and the Department relating to | ||||||
11 | the development, financing, or operation of Illiana that is | ||||||
12 | entered into under this Act. | ||||||
13 | "Request for proposals" means all materials and documents | ||||||
14 | prepared by or on behalf of the Department to solicit proposals | ||||||
15 | from private entities to enter into the public-private | ||||||
16 | agreement. | ||||||
17 | "Request for qualifications" means all materials and | ||||||
18 | documents prepared by or on behalf of the Department to solicit | ||||||
19 | statements of qualification from private entities to enter into | ||||||
20 | the public-private agreement. | ||||||
21 | "Revenues" means all revenues, including any combination | ||||||
22 | of: income; earnings and interest; user fees; lease payments; | ||||||
23 | allocations; federal, State, and local appropriations, grants, | ||||||
24 | loans, lines of credit, and credit guarantees; bond proceeds; | ||||||
25 | equity investments; service payments; or other receipts; | ||||||
26 | arising out of or in connection with Illiana, including the |
| |||||||
| |||||||
1 | development, financing, and operation of Illiana. The term | ||||||
2 | includes money received as grants, loans, lines of credit, | ||||||
3 | credit guarantees, or otherwise in aid of Illiana from the | ||||||
4 | federal government, the State, a unit of local government, or | ||||||
5 | any agency or instrumentality of the federal government, the | ||||||
6 | State, or a unit of local government. | ||||||
7 | "Unit of local government" has the meaning ascribed to that | ||||||
8 | term in Article VII, Section 1 of the Constitution of the State | ||||||
9 | of Illinois and also means any unit designated as a municipal | ||||||
10 | corporation. | ||||||
11 | "User fees" or "tolls" means the rates, tolls, fees, or | ||||||
12 | other charges imposed by the contractor for use of all or a | ||||||
13 | portion of Illiana under the public-private agreement. | ||||||
14 | Section 15. Formation of Illiana public-private agreement; | ||||||
15 | project planning. | ||||||
16 | (a) The Department may exercise the powers granted by this | ||||||
17 | Act to do some or all of: develop, finance, and operate any | ||||||
18 | part of Illiana through public-private agreements with one or | ||||||
19 | more private entities. The net proceeds arising out of the | ||||||
20 | public-private agreement undertaken by the Department pursuant | ||||||
21 | to this Act shall be deposited into the Road Fund. | ||||||
22 | (b) A contractor has: | ||||||
23 | (1) all powers allowed by law generally to a private | ||||||
24 | entity having the same form of organization as the | ||||||
25 | contractor; and |
| |||||||
| |||||||
1 | (2) the power to develop, finance, and operate Illiana | ||||||
2 | and to impose user fees in connection with the use of | ||||||
3 | Illiana, subject to the terms of the public-private | ||||||
4 | agreement. | ||||||
5 | No tolls or user fees may be imposed by the contractor | ||||||
6 | except as set forth in the public-private agreement. | ||||||
7 | (c) At least 30 days prior to the beginning of the | ||||||
8 | Department's fiscal year, the Department shall submit a | ||||||
9 | description of the potential Illiana project that the | ||||||
10 | Department is considering undertaking under this Act to the | ||||||
11 | Procurement Policy Board and each county, municipality, and | ||||||
12 | metropolitan planning organization, with respect to where | ||||||
13 | Illiana is located within its boundaries. | ||||||
14 | (d) The Illiana project undertaken under this Act shall be | ||||||
15 | subject to all applicable planning requirements otherwise | ||||||
16 | required by law, including land use planning, regional | ||||||
17 | planning, transportation planning, and environmental | ||||||
18 | compliance requirements. | ||||||
19 | Section 20. Procurement process. | ||||||
20 | (a) The Department shall prepare monthly written updates on | ||||||
21 | the status of the implementation of this Act and provide the | ||||||
22 | written updates to the Procurement Policy Board. The Board may | ||||||
23 | determine the format for the written updates. The Department | ||||||
24 | shall also respond promptly in writing to all inquiries and | ||||||
25 | comments of the Procurement Policy Board with respect to any |
| |||||||
| |||||||
1 | conduct taken by the Department to implement, execute, or | ||||||
2 | administer the provisions of this Act. Upon request, the | ||||||
3 | Department shall also appear and testify before the Procurement | ||||||
4 | Policy Board and produce any information requested by the | ||||||
5 | Procurement Policy Board. | ||||||
6 | (b) The Department shall determine and set forth the | ||||||
7 | criteria for the selection process for Illiana. The Department | ||||||
8 | shall use: (i) a competitive sealed bidding process; (ii) a | ||||||
9 | competitive sealed proposal process; (iii) a design-build | ||||||
10 | procurement process in accordance with Section 25 of this Act; | ||||||
11 | or (iv) any other selection process that the Department | ||||||
12 | determines is in the best interests of the State and the | ||||||
13 | public. In determining the selection process, the Department | ||||||
14 | shall consider how the process would result in the selection of | ||||||
15 | a proposal that offers the public the best value, the lowest | ||||||
16 | price or cost, the highest payment to or revenue sharing with | ||||||
17 | the Department, and the imposition of tolls for the shortest | ||||||
18 | period of time. If the Department elects to utilize the | ||||||
19 | selection process in item (iv) of this subsection, the | ||||||
20 | Department shall set forth the process in writing along with | ||||||
21 | the reasons for electing to use the selection process. The | ||||||
22 | Department shall submit the written explanation detailing the | ||||||
23 | selection process to the Procurement Policy Board for the | ||||||
24 | Board's review and approval. The Procurement Policy Board shall | ||||||
25 | have 30 days from the date of receipt of the Department's | ||||||
26 | written explanation to conduct the review and, in the Board's |
| |||||||
| |||||||
1 | discretion, approve the Department's elected selection | ||||||
2 | process. The Department shall not proceed to implement a | ||||||
3 | selection process under item (iv) of this subsection without | ||||||
4 | the approval of the Procurement Policy Board. | ||||||
5 | The selection of professional design firms by the | ||||||
6 | Department or private entity shall comply with the | ||||||
7 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
8 | Based Selection Act or Section 25 of this Act. | ||||||
9 | All procurement processes shall incorporate requirements | ||||||
10 | and set forth goals for participation by disadvantaged business | ||||||
11 | enterprises as allowed under State and federal law. | ||||||
12 | (c) The Department may establish a process for | ||||||
13 | prequalification of all potential private entities. If so, then | ||||||
14 | the Department shall: (i) provide a public notice of the | ||||||
15 | prequalification process for such period as deemed appropriate | ||||||
16 | by the Department; (ii) set forth requirements and evaluation | ||||||
17 | criteria in order to become prequalified; (iii) determine which | ||||||
18 | private entities that have submitted prequalification | ||||||
19 | applications, if any, meet the requirements and evaluation | ||||||
20 | criteria; and (iv) allow only those entities that have been | ||||||
21 | prequalified to submit proposals or bids. The Department shall | ||||||
22 | make publicly available on its website during the request for | ||||||
23 | qualifications period information regarding firms that are | ||||||
24 | prequalified by the Department pursuant to Section 20 of the | ||||||
25 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
26 | Based Selection Act to provide architectural, engineering, and |
| |||||||
| |||||||
1 | land surveying services and shall require the use of such firms | ||||||
2 | for such services. | ||||||
3 | (d) Competitive sealed bidding requirements: | ||||||
4 | (1) All contracts shall be awarded by competitive | ||||||
5 | sealed bidding except as otherwise provided in this Section | ||||||
6 | and Section 25 of this Act. | ||||||
7 | (2) An invitation for bids shall be issued and shall | ||||||
8 | include a description of the public-private partnership | ||||||
9 | with a private entity for the development, finance, and | ||||||
10 | operation of Illiana, and the material contractual terms | ||||||
11 | and conditions applicable to the procurement. | ||||||
12 | (3) Public notice of the invitation for bids shall be | ||||||
13 | published in the State of Illinois Procurement Bulletin at | ||||||
14 | least 21 days before the date set in the invitation for the | ||||||
15 | opening of bids. | ||||||
16 | (4) Bids shall be opened publicly in the presence of | ||||||
17 | one or more witnesses at the time and place designated in | ||||||
18 | the invitation for bids. The name of each bidder, the | ||||||
19 | amount of each bid, and other relevant information as may | ||||||
20 | be specified by rule shall be recorded. After the award of | ||||||
21 | the contract, the winning bid and the record of each | ||||||
22 | unsuccessful bid shall be open to public inspection. | ||||||
23 | (5) Bids shall be unconditionally accepted without | ||||||
24 | alteration or correction, except as authorized in this Act. | ||||||
25 | Bids shall be evaluated based on the requirements set forth | ||||||
26 | in the invitation for bids, which may include criteria to |
| |||||||
| |||||||
1 | determine acceptability such as inspection, testing, | ||||||
2 | quality, workmanship, delivery, and suitability for a | ||||||
3 | particular purpose. Those criteria that will affect the bid | ||||||
4 | price and be considered in evaluation for award, such as | ||||||
5 | discounts, transportation costs, and total or life cycle | ||||||
6 | costs, shall be objectively measurable. The invitation for | ||||||
7 | bids shall set forth the evaluation criteria to be used. | ||||||
8 | (6) Correction or withdrawal of inadvertently | ||||||
9 | erroneous bids before or after award, or cancellation of | ||||||
10 | awards of contracts based on bid mistakes, shall be | ||||||
11 | permitted in accordance with rules. After bid opening, no | ||||||
12 | changes in bid prices or other provisions of bids | ||||||
13 | prejudicial to the interest of the State or fair | ||||||
14 | competition shall be permitted. All decisions to permit the | ||||||
15 | correction or withdrawal of bids based on bid mistakes | ||||||
16 | shall be supported by written determination made by the | ||||||
17 | Department. | ||||||
18 | (7) The contract shall be awarded with reasonable | ||||||
19 | promptness by written notice to the lowest responsible and | ||||||
20 | responsive bidder whose bid meets the requirements and | ||||||
21 | criteria set forth in the invitation for bids, except when | ||||||
22 | the Department determines it is not in the best interest of | ||||||
23 | the State and by written explanation determines another | ||||||
24 | bidder shall receive the award. The explanation shall | ||||||
25 | appear in the appropriate volume of the State of Illinois | ||||||
26 | Procurement Bulletin. The written explanation must |
| |||||||
| |||||||
1 | include: | ||||||
2 | (A) a description of the agency's needs; | ||||||
3 | (B) a determination that the anticipated cost will | ||||||
4 | be fair and reasonable; | ||||||
5 | (C) a listing of all responsible and responsive | ||||||
6 | bidders; and | ||||||
7 | (D) the name of the bidder selected, pricing, and | ||||||
8 | the reasons for selecting that bidder. | ||||||
9 | (8) When it is considered impracticable to initially | ||||||
10 | prepare a purchase description to support an award based on | ||||||
11 | price, an invitation for bids may be issued requesting the | ||||||
12 | submission of unpriced offers to be followed by an | ||||||
13 | invitation for bids limited to those bidders whose offers | ||||||
14 | have been qualified under the criteria set forth in the | ||||||
15 | first solicitation. | ||||||
16 | (e) Competitive sealed proposal requirements: | ||||||
17 | (1) When the Department determines in writing that the | ||||||
18 | use of competitive sealed bidding or design-build | ||||||
19 | procurement is either not practicable or not advantageous | ||||||
20 | to the State, a contract may be entered into by competitive | ||||||
21 | sealed proposals. | ||||||
22 | (2) Proposals shall be solicited through a request for | ||||||
23 | proposals. | ||||||
24 | (3) Public notice of the request for proposals shall be | ||||||
25 | published in the State of Illinois Procurement Bulletin at | ||||||
26 | least 21 days before the date set in the invitation for the |
| |||||||
| |||||||
1 | opening of proposals. | ||||||
2 | (4) Proposals shall be opened publicly in the presence | ||||||
3 | of one or more witnesses at the time and place designated | ||||||
4 | in the request for proposals, but proposals shall be opened | ||||||
5 | in a manner to avoid disclosure of contents to competing | ||||||
6 | offerors during the process of negotiation. A record of | ||||||
7 | proposals shall be prepared and shall be open for public | ||||||
8 | inspection after contract award. | ||||||
9 | (5) The requests for proposals shall state the relative | ||||||
10 | importance of price and other evaluation factors. | ||||||
11 | Proposals shall be submitted in 2 parts: (i) covering items | ||||||
12 | except price; and (ii) covering price. The first part of | ||||||
13 | all proposals shall be evaluated and ranked independently | ||||||
14 | of the second part of all proposals. | ||||||
15 | (6) As provided in the request for proposals and under | ||||||
16 | any applicable rules, discussions may be conducted with | ||||||
17 | responsible offerors who submit proposals determined to be | ||||||
18 | reasonably susceptible of being selected for award for the | ||||||
19 | purpose of clarifying and assuring full understanding of | ||||||
20 | and responsiveness to the solicitation requirements. Those | ||||||
21 | offerors shall be accorded fair and equal treatment with | ||||||
22 | respect to any opportunity for discussion and revision of | ||||||
23 | proposals. Revisions may be permitted after submission and | ||||||
24 | before award for the purpose of obtaining best and final | ||||||
25 | offers. In conducting discussions there shall be no | ||||||
26 | disclosure of any information derived from proposals |
| |||||||
| |||||||
1 | submitted by competing offerors. If information is | ||||||
2 | disclosed to any offeror, it shall be provided to all | ||||||
3 | competing offerors. | ||||||
4 | (7) Awards shall be made to the responsible offeror | ||||||
5 | whose proposal is determined in writing to be the most | ||||||
6 | advantageous to the State, taking into consideration price | ||||||
7 | and the evaluation factors set forth in the request for | ||||||
8 | proposals. The contract file shall contain the basis on | ||||||
9 | which the award is made. | ||||||
10 | (f) Based on its review and evaluation of the proposal or | ||||||
11 | proposals received in response to the request for proposals, | ||||||
12 | the Department shall determine which one or more proposals, if | ||||||
13 | any, best serve the public purpose of this Act and satisfy the | ||||||
14 | criteria set forth in the request for proposals and may approve | ||||||
15 | such proposal or proposals. The Department shall submit the | ||||||
16 | proposal or proposals determined to best serve the public | ||||||
17 | purpose of this Act and to satisfy the criteria set forth in | ||||||
18 | the request for proposals to the Commission on Government | ||||||
19 | Forecasting and Accountability and the Procurement Policy | ||||||
20 | Board, which, within 30 days of the submission by the | ||||||
21 | Department, shall complete a review of the proposal or | ||||||
22 | proposals and, jointly or separately, report on, at a minimum, | ||||||
23 | the value of the proposal or proposals to the State as measured | ||||||
24 | against the purpose of this Act and criteria set forth in the | ||||||
25 | request for proposals. The Department shall not approve a | ||||||
26 | proposal until it has received and considered the findings of |
| |||||||
| |||||||
1 | the Commission on Government Forecasting and Accountability | ||||||
2 | and the Procurement Policy Board as set forth in their | ||||||
3 | respective reports. | ||||||
4 | (g) Before awarding a public private partnership to an | ||||||
5 | offeror, the Department shall schedule and hold a public | ||||||
6 | hearing or hearings on the proposed public-private partnership | ||||||
7 | agreement and publish notice of the hearing or hearings at | ||||||
8 | least 7 days before the hearing and in accordance with Section | ||||||
9 | 4-219 of the Illinois Highway Code. The notice must include the | ||||||
10 | following: | ||||||
11 | (1) the date, time, and place of the hearing and the | ||||||
12 | address of the Department; | ||||||
13 | (2) the subject matter of the hearing; | ||||||
14 | (3) a description of the agreement to be awarded; and | ||||||
15 | (4) the recommendation that has been made to award the | ||||||
16 | agreement to an identified contractor. | ||||||
17 | At the hearing, the Department shall allow the public to be | ||||||
18 | heard on the proposed public-private agreement. | ||||||
19 | (h) After the procedures required in this Section have been | ||||||
20 | completed, the Department shall make a determination as to | ||||||
21 | whether the successful contractor should be designated as | ||||||
22 | Illiana approved proposal and shall submit the decision to the | ||||||
23 | Governor and to the Governor's Office of Management and Budget. | ||||||
24 | After review of the Department's determination, the Governor | ||||||
25 | may accept or reject the determination. If the Governor accepts | ||||||
26 | the determination of the Department, the Governor shall |
| |||||||
| |||||||
1 | designate the successful approved proposal as the operator for | ||||||
2 | Illiana. | ||||||
3 | (i) In addition to any other rights under this Act, in | ||||||
4 | connection with any procurement under this Act, the following | ||||||
5 | rights are reserved by the Department: | ||||||
6 | (1) to withdraw a request for qualifications or a | ||||||
7 | request for proposals at any time, and to publish a new | ||||||
8 | request for qualifications or request for proposals; | ||||||
9 | (2) to not approve a proposal for any reason; | ||||||
10 | (3) to not award the public-private agreement for any | ||||||
11 | reason; | ||||||
12 | (4) to request clarifications to any statement of | ||||||
13 | qualifications or proposal received, to seek one or more | ||||||
14 | revised proposals or one or more best and final offers, or | ||||||
15 | to conduct negotiations with one or more private entities | ||||||
16 | that have submitted proposals; | ||||||
17 | (5) to modify, during the pendency of a procurement, | ||||||
18 | the terms, provisions, and conditions of a request for | ||||||
19 | qualifications or request for proposals or the technical | ||||||
20 | specifications or form of the public-private agreement; | ||||||
21 | (6) to interview proposers; and | ||||||
22 | (7) any other rights available to the Department under | ||||||
23 | applicable law and regulations. | ||||||
24 | (j) If the Department and the Governor designates an | ||||||
25 | approved proposer for Illiana, the Department shall execute the | ||||||
26 | public-private agreement, publish notice of the execution of |
| |||||||
| |||||||
1 | the public-private agreement on its website and in a newspaper | ||||||
2 | or newspapers of general circulation within the county or | ||||||
3 | counties in which Illiana is to be located, and publish the | ||||||
4 | entire agreement on its website. | ||||||
5 | (k) If the estimated construction cost is over $50,000,000, | ||||||
6 | the Department must also require the approved proposer to pay | ||||||
7 | the costs for an independent audit of any and all traffic and | ||||||
8 | cost estimates associated with the approved proposal, as well | ||||||
9 | as a review of all public costs and potential liabilities to | ||||||
10 | which taxpayers could be exposed (including improvements to | ||||||
11 | other transportation facilities that may be needed as a result | ||||||
12 | of the approved proposal, failure by the approved proposer to | ||||||
13 | reimburse the Department for services provided, and potential | ||||||
14 | risk and liability in the event the approved proposer defaults | ||||||
15 | on the public-private agreement or on bonds issued for the | ||||||
16 | project). This independent audit must be conducted by an | ||||||
17 | independent consultant selected by the Department. | ||||||
18 | (l) The Department may also apply for, execute, or endorse | ||||||
19 | applications submitted by private entities to obtain federal | ||||||
20 | credit assistance for the Illiana project under this Act. | ||||||
21 | Section 25. Design-build procurement. | ||||||
22 | (a) This Section 25 shall apply only if the Department | ||||||
23 | intends to execute a design-build agreement, in which case the | ||||||
24 | Department shall abide by the requirements and procedures of | ||||||
25 | this Section 25 in addition to other applicable requirements |
| |||||||
| |||||||
1 | and procedures set forth in this Act. | ||||||
2 | (b)(1) The Department must issue a notice of intent to | ||||||
3 | receive proposals for the project at least 14 days before | ||||||
4 | issuing the request for the qualifications. The Department must | ||||||
5 | publish the advance notice in a daily newspaper of general | ||||||
6 | circulation in the county where the Department is located. The | ||||||
7 | Department is encouraged to use publication of the notice in | ||||||
8 | related construction industry service publications. A brief | ||||||
9 | description of the proposed procurement must be included in the | ||||||
10 | notice. The Department must provide a copy of the request for | ||||||
11 | qualifications to any party requesting a copy. | ||||||
12 | (2) The request for qualifications shall be prepared for | ||||||
13 | Illiana and must contain, without limitation, the following | ||||||
14 | information: (i) the name of the Department; (ii) a preliminary | ||||||
15 | schedule for the completion of the contract; (iii) the proposed | ||||||
16 | budget for Illiana, the source of funds, and the currently | ||||||
17 | available funds at the time the request for proposal is | ||||||
18 | submitted; (iv) prequalification criteria for design-build | ||||||
19 | entities wishing to submit proposals (the Department shall | ||||||
20 | include, at a minimum, its normal prequalification, licensing, | ||||||
21 | registration, and other requirements, but nothing contained | ||||||
22 | herein precludes the use of additional prequalification | ||||||
23 | criteria by the Department); (v) material requirements of the | ||||||
24 | contract, including but not limited to, the proposed terms and | ||||||
25 | conditions, required performance and payment bonds, insurance, | ||||||
26 | and the entity's plan to comply with the utilization goals |
| |||||||
| |||||||
1 | established by the corporate authorities of the Department for | ||||||
2 | minority and women business enterprises and to comply with | ||||||
3 | Section 2-105 of the Illinois Human Rights Act; (vi) the | ||||||
4 | performance criteria; (vii) the evaluation criteria for each | ||||||
5 | phase of the solicitation; and (viii) the number of entities | ||||||
6 | that will be considered for the request for proposals phase. | ||||||
7 | (3) The Department may include any other relevant | ||||||
8 | information in the request for qualifications that it chooses | ||||||
9 | to supply. The private entity shall be entitled to rely upon | ||||||
10 | the accuracy of this documentation in the development of its | ||||||
11 | statement of qualifications and its proposal. | ||||||
12 | (4) The date that statements of qualifications are due must | ||||||
13 | be at least 21 calendar days after the date of the issuance of | ||||||
14 | the request for qualifications. In the event the cost of the | ||||||
15 | project is estimated to exceed $12,000,000, then the statement | ||||||
16 | of qualifications due date must be at least 28 calendar days | ||||||
17 | after the date of the issuance of the request for | ||||||
18 | qualifications. The Department shall include in the request for | ||||||
19 | proposals a minimum of 30 days to develop the proposals after | ||||||
20 | the selection of entities from the evaluation of the statements | ||||||
21 | of qualifications is completed. | ||||||
22 | (c)(1) The Department shall develop, with the assistance of | ||||||
23 | a licensed design professional, the request for qualifications | ||||||
24 | and the request for proposals, which shall include scope and | ||||||
25 | performance criteria. The scope and performance criteria must | ||||||
26 | be in sufficient detail and contain adequate information to |
| |||||||
| |||||||
1 | reasonably apprise the private entities of the Department's | ||||||
2 | overall programmatic needs and goals, including criteria and | ||||||
3 | preliminary design plans, general budget parameters, schedule, | ||||||
4 | and delivery requirements. | ||||||
5 | (2) Each request for qualifications and request for | ||||||
6 | proposals shall also include a description of the level of | ||||||
7 | design to be provided in the proposals. This description must | ||||||
8 | include the scope and type of renderings, drawings, and | ||||||
9 | specifications that, at a minimum, will be required by the | ||||||
10 | Department to be produced by the private entities. | ||||||
11 | (3) The scope and performance criteria shall be prepared by | ||||||
12 | a design professional who is an employee of the Department, or | ||||||
13 | the Department may contract with an independent design | ||||||
14 | professional selected under the Architectural, Engineering, | ||||||
15 | and Land Surveying Qualifications Based Selection Act to | ||||||
16 | provide these services. | ||||||
17 | (4) The design professional that prepares the scope and | ||||||
18 | performance criteria is prohibited from participating in any | ||||||
19 | private entity proposal for the project. | ||||||
20 | (d)(1) The Department must use a two phase procedure for | ||||||
21 | the selection of the successful design-build entity. The | ||||||
22 | request for qualifications phase will evaluate and shortlist | ||||||
23 | the private entities based on qualifications, and the request | ||||||
24 | for proposals will evaluate the technical and cost proposals. | ||||||
25 | (2) The Department shall include in the request for | ||||||
26 | qualifications the evaluating factors to be used in the request |
| |||||||
| |||||||
1 | for qualifications phase. These factors are in addition to any | ||||||
2 | prequalification requirements of private entities that the | ||||||
3 | Department has set forth. Each request for qualifications shall | ||||||
4 | establish the relative importance assigned to each evaluation | ||||||
5 | factor and subfactor, including any weighting of criteria to be | ||||||
6 | employed by the Department. The Department must maintain a | ||||||
7 | record of the evaluation scoring to be disclosed in event of a | ||||||
8 | protest regarding the solicitation. | ||||||
9 | The Department shall include the following criteria in | ||||||
10 | every request for qualifications phase evaluation of private | ||||||
11 | entities: (i) experience of personnel; (ii) successful | ||||||
12 | experience with similar project types; (iii) financial | ||||||
13 | capability; (iv) timeliness of past performance; (v) | ||||||
14 | experience with similarly sized projects; (vi) successful | ||||||
15 | reference checks of the firm; (vii) commitment to assign | ||||||
16 | personnel for the duration of the project and qualifications of | ||||||
17 | the entity's consultants; and (viii) ability or past | ||||||
18 | performance in meeting or exhausting good faith efforts to meet | ||||||
19 | the utilization goals for business enterprises established in | ||||||
20 | the Business Enterprise for Minorities, Females, and Persons | ||||||
21 | with Disabilities Act and in complying with Section 2-105 of | ||||||
22 | the Illinois Human Rights Act. No proposal shall be considered | ||||||
23 | that does not include an entity's plan to comply with the | ||||||
24 | requirements established in the minority and women business | ||||||
25 | enterprises and economically disadvantaged firms established | ||||||
26 | by the corporate authorities of the Department and with Section |
| |||||||
| |||||||
1 | 2-105 of the Illinois Human Rights Act. The Department may | ||||||
2 | include any additional relevant criteria in the request for | ||||||
3 | qualifications phase that it deems necessary for a proper | ||||||
4 | qualification review. | ||||||
5 | Upon completion of the qualifications evaluation, the | ||||||
6 | Department shall create a shortlist of the most highly | ||||||
7 | qualified private entities. | ||||||
8 | The Department shall notify the entities selected for the | ||||||
9 | shortlist in writing. This notification shall commence the | ||||||
10 | period for the preparation of the request for proposals phase | ||||||
11 | technical and cost evaluations. The Department must allow | ||||||
12 | sufficient time for the shortlist entities to prepare their | ||||||
13 | proposals considering the scope and detail requested by the | ||||||
14 | Department. | ||||||
15 | (3) The Department shall include in the request for | ||||||
16 | proposals the evaluating factors to be used in the technical | ||||||
17 | and cost submission components. Each request for proposals | ||||||
18 | shall establish, for both the technical and cost submission | ||||||
19 | components, the relative importance assigned to each | ||||||
20 | evaluation factor and subfactor, including any weighting of | ||||||
21 | criteria to be employed by the Department. The Department must | ||||||
22 | maintain a record of the evaluation scoring to be disclosed in | ||||||
23 | event of a protest regarding the solicitation. | ||||||
24 | The Department shall include the following criteria in | ||||||
25 | every request for proposals phase technical evaluation of | ||||||
26 | private entities: (i) compliance with objectives of the |
| |||||||
| |||||||
1 | project; (ii) compliance of proposed services to the request | ||||||
2 | for proposal requirements; (iii) quality of products or | ||||||
3 | materials proposed; (iv) quality of design parameters; (v) | ||||||
4 | design concepts; (vi) innovation in meeting the scope and | ||||||
5 | performance criteria; and (vii) constructability of the | ||||||
6 | proposed project. The Department may include any additional | ||||||
7 | relevant technical evaluation factors it deems necessary for | ||||||
8 | proper selection. | ||||||
9 | The Department shall include the following criteria in | ||||||
10 | every request for proposals phase cost evaluation: the total | ||||||
11 | project cost and the time of completion. The Department may | ||||||
12 | include any additional relevant technical evaluation factors | ||||||
13 | it deems necessary for proper selection. The guaranteed maximum | ||||||
14 | project cost criteria weighing factor shall not exceed 30%. | ||||||
15 | The Department shall directly employ or retain a licensed | ||||||
16 | design professional to evaluate the technical and cost | ||||||
17 | submissions to determine if the technical submissions are in | ||||||
18 | accordance with generally accepted industry standards. | ||||||
19 | (e) Statements of qualifications and proposals must be | ||||||
20 | properly identified and sealed. Statements of qualifications | ||||||
21 | and proposals may not be reviewed until after the deadline for | ||||||
22 | submission has passed as set forth in the request for | ||||||
23 | qualifications or the request for proposals. All private | ||||||
24 | entities submitting statements of qualifications or proposals | ||||||
25 | shall be disclosed after the deadline for submission, and all | ||||||
26 | private entities who are selected for request for proposals |
| |||||||
| |||||||
1 | phase evaluation shall also be disclosed at the time of that | ||||||
2 | determination. | ||||||
3 | Phase II design-build proposals shall include a bid bond in | ||||||
4 | the form and security as designated in the request for | ||||||
5 | proposals. Proposals shall also contain a separate sealed | ||||||
6 | envelope with the cost information within the overall proposal | ||||||
7 | submission. Proposals shall include a list of all design | ||||||
8 | professionals and other entities to which any work identified | ||||||
9 | in Section 30-30 of the Illinois Procurement Code as a | ||||||
10 | subdivision of construction work may be subcontracted during | ||||||
11 | the performance of the contract. | ||||||
12 | Statements of qualifications and proposals must meet all | ||||||
13 | material requirements of the request for qualifications or | ||||||
14 | request for proposals, or else they may be rejected as | ||||||
15 | non-responsive. The Department shall have the right to reject | ||||||
16 | any and all statements of qualifications and proposals. | ||||||
17 | The drawings and specifications of any unsuccessful | ||||||
18 | statement of qualifications or proposal shall remain the | ||||||
19 | property of the private entity. | ||||||
20 | The Department shall review the statements of | ||||||
21 | qualifications and the proposals for compliance with the | ||||||
22 | performance criteria and evaluation factors. | ||||||
23 | Statements of qualifications and proposals may be | ||||||
24 | withdrawn prior to the due date and time for submissions for | ||||||
25 | any cause. After evaluation begins by the Department, clear and | ||||||
26 | convincing evidence of error is required for withdrawal. |
| |||||||
| |||||||
1 | Section 30. Interim agreements. | ||||||
2 | (a) Prior to or in connection with the negotiation of the | ||||||
3 | public-private agreement, the Department may enter into an | ||||||
4 | interim agreement with the approved proposer. Neither the | ||||||
5 | Department nor the approved proposer is authorized to commence | ||||||
6 | or perform any construction-related activities pursuant to the | ||||||
7 | interim agreement. Such interim agreement may: | ||||||
8 | (1) permit the approved proposer to commence | ||||||
9 | activities relating to the proposed Illiana project as the | ||||||
10 | Department and the approved proposer shall agree to and for | ||||||
11 | which the approved proposer may be compensated, including, | ||||||
12 | but not limited to, project planning, advance right-of-way | ||||||
13 | acquisition, design and engineering, environmental | ||||||
14 | analysis and mitigation, survey, conducting transportation | ||||||
15 | and revenue studies, and ascertaining the availability of | ||||||
16 | financing; | ||||||
17 | (2) establish the process and timing of the exclusive | ||||||
18 | negotiation of the public-private agreement with an | ||||||
19 | approved proposer; | ||||||
20 | (3) require that in the event the Department determines | ||||||
21 | not to proceed with the project after the approved proposer | ||||||
22 | and the Department have executed an interim agreement, and | ||||||
23 | thereby terminates the interim agreement or declines to | ||||||
24 | proceed with negotiation of the public-private agreement | ||||||
25 | with an approved proposer, the Department shall pay to the |
| |||||||
| |||||||
1 | approved proposer certain costs incurred by the approved | ||||||
2 | proposer; | ||||||
3 | (4) establish the ownership in the State of Illinois of | ||||||
4 | the concepts and designs in the event of termination of the | ||||||
5 | interim agreement; | ||||||
6 | (5) establish procurement procedures for (i) the | ||||||
7 | selection of professional design firms using procedures | ||||||
8 | outlined in the Architectural, Engineering, and Land | ||||||
9 | Surveying Qualifications Based Selection Act for the | ||||||
10 | selection of design professional firms and (ii) the | ||||||
11 | selection of construction companies using procedures | ||||||
12 | outlined in the Illinois Procurement Code; and | ||||||
13 | (6) contain any other provisions related to any aspect | ||||||
14 | of Illiana that the parties may deem appropriate. | ||||||
15 | (b) The Department may enter into an interim agreement with | ||||||
16 | multiple approved proposers if the Department determines in | ||||||
17 | writing that it is in the public interest to do so. | ||||||
18 | (c) The approved proposer shall select firms that are | ||||||
19 | prequalified by the Department pursuant to Section 20 of the | ||||||
20 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
21 | Based Selection Act to provide architectural, engineering, and | ||||||
22 | land surveying services to undertake activities related to | ||||||
23 | Illiana. | ||||||
24 | Section 35. Public-private agreement. | ||||||
25 | (a) Unless undertaking actions otherwise permitted in an |
| |||||||
| |||||||
1 | interim agreement entered into under Section 30 of this Act, | ||||||
2 | before developing, financing, or operating Illiana, the | ||||||
3 | approved proposer shall enter into the public-private | ||||||
4 | agreement with the Department. Subject to the requirements of | ||||||
5 | this Act, the public-private agreement may provide that the | ||||||
6 | approved proposer, acting on behalf of the Department, is | ||||||
7 | partially or entirely responsible for any combination of | ||||||
8 | developing, financing, or operating Illiana under terms set | ||||||
9 | forth in the public-private agreement. | ||||||
10 | (b) The public-private agreement may, as determined | ||||||
11 | appropriate by the Department for Illiana, provide for some or | ||||||
12 | all of the following: | ||||||
13 | (1) Construction, financing, and operation of Illiana | ||||||
14 | under terms set forth in the public-private agreement, in | ||||||
15 | any form as deemed appropriate by the Department, | ||||||
16 | including, but not limited to, a long-term concession and | ||||||
17 | lease, a design-bid-build agreement, a design-build | ||||||
18 | agreement, a design-build-maintain agreement, a | ||||||
19 | design-build-operate-maintain agreement and a | ||||||
20 | design-build-finance-operate-maintain agreement. | ||||||
21 | (2) Delivery of performance and payment bonds or other | ||||||
22 | performance security determined suitable by the | ||||||
23 | Department, including letters of credit, United States | ||||||
24 | bonds and notes, parent guaranties, and cash collateral, in | ||||||
25 | connection with the development, financing, or operation | ||||||
26 | of Illiana, in the forms and amounts set forth in the |
| |||||||
| |||||||
1 | public-private agreement or otherwise determined as | ||||||
2 | satisfactory by the Department and payment bond | ||||||
3 | beneficiaries who have a direct contractual relationship | ||||||
4 | with the contractor or a subcontractor of the contractor to | ||||||
5 | supply labor or material. The payment or performance bond | ||||||
6 | or alternative form of performance security is not required | ||||||
7 | for the portion of the public-private agreement that | ||||||
8 | includes only design, planning, or financing services, the | ||||||
9 | performance of preliminary studies, or the acquisition of | ||||||
10 | real property. | ||||||
11 | (3) Review of plans for any development or operation, | ||||||
12 | or both, by the Department. | ||||||
13 | (4) Inspection of any construction of or improvements | ||||||
14 | to Illiana by the Department or another entity designated | ||||||
15 | by the Department or under the public-private agreement to | ||||||
16 | ensure that the construction or improvements conform to the | ||||||
17 | standards set forth in the public-private agreement or are | ||||||
18 | otherwise acceptable to the Department. | ||||||
19 | (5) Maintenance of: | ||||||
20 | (A) one or more policies of public liability | ||||||
21 | insurance (copies of which shall be filed with the | ||||||
22 | Department accompanied by proofs of coverage); or | ||||||
23 | (B) self-insurance; each in form and amount as set | ||||||
24 | forth in the public-private agreement or otherwise | ||||||
25 | satisfactory to the Department as reasonably | ||||||
26 | sufficient to insure coverage of tort liability to the |
| |||||||
| |||||||
1 | public and employees and to enable the continued | ||||||
2 | operation of Illiana. | ||||||
3 | (6) Where operations are included within the | ||||||
4 | contractor's obligations under the public-private | ||||||
5 | agreement, monitoring of the maintenance practices of the | ||||||
6 | contractor by the Department or another entity designated | ||||||
7 | by the Department or under the public-private agreement and | ||||||
8 | the taking of the actions the Department finds appropriate | ||||||
9 | to ensure that Illiana is properly maintained. | ||||||
10 | (7) Reimbursement to be paid to the Department as set | ||||||
11 | forth in the public-private agreement for services | ||||||
12 | provided by the Department. | ||||||
13 | (8) Filing of appropriate financial statements and | ||||||
14 | reports as set forth in the public-private agreement or as | ||||||
15 | otherwise in a form acceptable to the Department on a | ||||||
16 | periodic basis. | ||||||
17 | (9) Compensation or payments to the contractor. | ||||||
18 | Compensation or payments may include any or a combination | ||||||
19 | of the following: | ||||||
20 | (A) a base fee and additional fee for project | ||||||
21 | savings as the design-builder of the construction | ||||||
22 | project; | ||||||
23 | (B) a development fee, payable on a lump-sum basis, | ||||||
24 | progress payment basis, time and materials basis, or | ||||||
25 | another basis deemed appropriate by the Department; | ||||||
26 | (C) an operations fee, payable on a lump-sum basis, |
| |||||||
| |||||||
1 | time and material basis, periodic basis, or another | ||||||
2 | basis deemed appropriate by the Department; | ||||||
3 | (D) some or all of the revenues, if any, arising | ||||||
4 | out of operation of Illiana; | ||||||
5 | (E) a maximum rate of return on investment or | ||||||
6 | return on equity or a combination of the two; | ||||||
7 | (F) in-kind services, materials, property, | ||||||
8 | equipment, or other items; | ||||||
9 | (G) compensation in the event of any termination; | ||||||
10 | (H) availability payments or similar arrangements | ||||||
11 | whereby payments are made to the contractor pursuant to | ||||||
12 | the terms set forth in the public-private agreement or | ||||||
13 | related agreements; or | ||||||
14 | (I) other compensation set forth in the | ||||||
15 | public-private agreement or otherwise deemed | ||||||
16 | appropriate by the Department. | ||||||
17 | (10) Compensation or payments to the Department, if | ||||||
18 | any. Compensation or payments may include any or a | ||||||
19 | combination of the following: | ||||||
20 | (A) a concession or lease payment or other fee, | ||||||
21 | which may be payable upfront or on a periodic basis or | ||||||
22 | on another basis deemed appropriate by the Department; | ||||||
23 | (B) sharing of revenues, if any, from the operation | ||||||
24 | of Illiana; | ||||||
25 | (C) sharing of project savings from the | ||||||
26 | construction of Illiana; |
| |||||||
| |||||||
1 | (D) payment for any services, materials, | ||||||
2 | equipment, personnel, or other items provided by the | ||||||
3 | Department to the contractor under the public-private | ||||||
4 | agreement; or | ||||||
5 | (E) other compensation set forth in the | ||||||
6 | public-private agreement or otherwise deemed | ||||||
7 | appropriate by the Department. | ||||||
8 | (11) The date and terms of termination of the | ||||||
9 | contractor's authority and duties under the public-private | ||||||
10 | agreement and the circumstances under which the | ||||||
11 | contractor's authority and duties may be terminated prior | ||||||
12 | to that date. | ||||||
13 | (12) Reversion of Illiana to the Department at the | ||||||
14 | termination or expiration of the public-private agreement. | ||||||
15 | (13) Rights and remedies of the Department in the event | ||||||
16 | that the contractor defaults or otherwise fails to comply | ||||||
17 | with the terms of the public-private agreement. | ||||||
18 | (14) Establishing procurement procedures for (i) the | ||||||
19 | selection of professional design firms using procedures | ||||||
20 | outlined in the Architectural, Engineering, and Land | ||||||
21 | Surveying Qualifications Based Selection Act for the | ||||||
22 | selection of design professional firms and (ii) the | ||||||
23 | selection of construction companies using procedures | ||||||
24 | outlined in the Illinois Procurement Code. | ||||||
25 | (15) Other terms, conditions, and provisions that the | ||||||
26 | Department believes are in the public interest. |
| |||||||
| |||||||
1 | (c) The Department may fix and revise the amounts of user | ||||||
2 | fees that a contractor may charge and collect for the use of | ||||||
3 | any part of Illiana in accordance with the public-private | ||||||
4 | agreement. In fixing the amounts, the Department may establish | ||||||
5 | maximum amounts for the user fees and may provide that the | ||||||
6 | maximums and any increases or decreases of those maximums shall | ||||||
7 | be based upon the indices, methodologies, or other factors the | ||||||
8 | Department considers appropriate. | ||||||
9 | (d) the public-private agreement may: | ||||||
10 | (1) authorize the imposition of tolls in any manner | ||||||
11 | determined appropriate by the Department for Illiana; | ||||||
12 | (2) authorize the contractor to adjust the user fees | ||||||
13 | for the use of Illiana, so long as the amounts charged and | ||||||
14 | collected by the contractor do not exceed the maximum | ||||||
15 | amounts established by the Department under this Act; | ||||||
16 | (3) provide that any adjustment by the contractor | ||||||
17 | permitted under paragraph (2) of this subsection (d) may be | ||||||
18 | based on the indices, methodologies, or other factors | ||||||
19 | described in the public-private agreement or approved by | ||||||
20 | the Department; | ||||||
21 | (4) authorize the contractor to charge and collect user | ||||||
22 | fees through methods, including, but not limited to, | ||||||
23 | automatic vehicle identification systems, electronic toll | ||||||
24 | collection systems, and, to the extent permitted by law, | ||||||
25 | global positioning system-based, photo-based, or | ||||||
26 | video-based toll collection enforcement, provided that to |
| |||||||
| |||||||
1 | the maximum extent feasible the contractor will (i) utilize | ||||||
2 | open road tolling methods that allow payment of tolls at | ||||||
3 | highway speeds and (ii) comply with United States | ||||||
4 | Department of Transportation requirements and best | ||||||
5 | practices with respect to tolling methods; and | ||||||
6 | (5) authorize the collection of user fees by a third | ||||||
7 | party. | ||||||
8 | (e) In the public-private agreement, the Department may | ||||||
9 | agree to make grants or loans for the development or operation, | ||||||
10 | or both, of Illiana from time to time from amounts received | ||||||
11 | from the federal government or any agency or instrumentality of | ||||||
12 | the federal government or from any State or local agency. | ||||||
13 | (f) Upon the termination or expiration of the | ||||||
14 | public-private agreement, including a termination for default, | ||||||
15 | the Department shall have the right to take over Illiana and to | ||||||
16 | succeed to all of the right, title, and interest in Illiana, | ||||||
17 | subject to any liens on revenues previously granted by the | ||||||
18 | contractor to any person providing financing for Illiana. | ||||||
19 | (g) If the Department elects to take over Illiana as | ||||||
20 | provided in subsection (f) of this Section, the Department may | ||||||
21 | do the following: | ||||||
22 | (1) develop, finance, or operate the project, | ||||||
23 | including through the public-private agreement entered | ||||||
24 | into in accordance with this Act; or | ||||||
25 | (2) impose, collect, retain, and use user fees, if any, | ||||||
26 | for the project. |
| |||||||
| |||||||
1 | (h) If the Department elects to take over Illiana as | ||||||
2 | provided in subsection (f) of this Section, the Department may | ||||||
3 | use the revenues, if any, for any lawful purpose, including to: | ||||||
4 | (1) make payments to individuals or entities in | ||||||
5 | connection with any financing of Illiana; | ||||||
6 | (2) permit a contractor to receive some or all of the | ||||||
7 | revenues under the public-private agreement entered into | ||||||
8 | under this Act; | ||||||
9 | (3) pay development costs of Illiana; | ||||||
10 | (4) pay current operation costs of Illiana; and | ||||||
11 | (5) pay the contractor for any compensation or payment | ||||||
12 | owing upon termination. | ||||||
13 | (i) All real property acquired as a part of Illiana shall | ||||||
14 | be held in the name of the State of Illinois upon termination | ||||||
15 | of Illiana. | ||||||
16 | (j) The full faith and credit of the State or any political | ||||||
17 | subdivision of the State or the Department is not pledged to | ||||||
18 | secure any financing of the contractor by the election to take | ||||||
19 | over Illiana. Assumption of development or operation, or both, | ||||||
20 | of Illiana does not obligate the State or any political | ||||||
21 | subdivision of the State or the Department to pay any | ||||||
22 | obligation of the contractor. | ||||||
23 | (k) The Department may enter into the public-private | ||||||
24 | agreement with multiple approved proposers if the Department | ||||||
25 | determines in writing that it is in the public interest to do | ||||||
26 | so. |
| |||||||
| |||||||
1 | (l) The public-private agreement shall not include any | ||||||
2 | provision under which the Department agrees to restrict or to | ||||||
3 | provide compensation to the private entity for the construction | ||||||
4 | or operation of a competing transportation facility during the | ||||||
5 | term of the public-private agreement. | ||||||
6 | (m) With respect to a public-private agreement entered into | ||||||
7 | by the Department, the Department shall certify in its State | ||||||
8 | budget request to the Governor each year the amount required by | ||||||
9 | the Department during the next State fiscal year to enable the | ||||||
10 | Department to make any payment obligated to be made by the | ||||||
11 | Department pursuant to that public-private agreement, and the | ||||||
12 | Governor shall include that amount in the State budget | ||||||
13 | submitted to the General Assembly. | ||||||
14 | Section 40. Development and operations standards for | ||||||
15 | Illiana. | ||||||
16 | (a) The plans and specifications, if any, for Illiana | ||||||
17 | developed under this Act must comply with: | ||||||
18 | (1) the Department's standards for other projects of a | ||||||
19 | similar nature or as otherwise provided in the | ||||||
20 | public-private agreement; | ||||||
21 | (2) the Professional Engineering Practice Act of 1989, | ||||||
22 | the Structural Engineering Practice Act of 1989, the | ||||||
23 | Illinois Architecture Practice Act of 1989, and the | ||||||
24 | Illinois Professional Land Surveyor Act of 1989; and | ||||||
25 | (3) any other applicable State or federal standards. |
| |||||||
| |||||||
1 | (b) The Illiana Expressway constructed or operated under | ||||||
2 | this Act is considered to be part of the State highway system | ||||||
3 | for purposes of identification, maintenance standards, and | ||||||
4 | enforcement of traffic laws under the jurisdiction of the | ||||||
5 | Department. | ||||||
6 | (c) The Department may enter into agreements with the | ||||||
7 | contractor for maintenance or other services under this Act. | ||||||
8 | (d) Any electronic toll collection system used on the toll | ||||||
9 | highway as part of Illiana must be compatible with the | ||||||
10 | electronic toll collection system used by the Illinois State | ||||||
11 | Toll Highway Authority. | ||||||
12 | Section 45. Financial arrangements. | ||||||
13 | (a) The Department may do any combination of applying for, | ||||||
14 | executing, or endorsing applications submitted by private | ||||||
15 | entities to obtain federal, State, or local credit assistance | ||||||
16 | developing, financing, or operating Illiana under this Act, | ||||||
17 | including loans, lines of credit, and guarantees. | ||||||
18 | (b) The Department may take any action to obtain federal, | ||||||
19 | State, or local assistance for Illiana that serves the public | ||||||
20 | purpose of this Act and may enter into any contracts required | ||||||
21 | to receive the federal assistance. The Department may determine | ||||||
22 | that it serves the public purpose of this Act for all or any | ||||||
23 | portion of the costs of Illiana to be paid, directly or | ||||||
24 | indirectly, from the proceeds of a grant or loan, line of | ||||||
25 | credit, or loan guarantee made by a local, State, or federal |
| |||||||
| |||||||
1 | government or any agency or instrumentality of a local, State, | ||||||
2 | or federal government. Such assistance may include, but not be | ||||||
3 | limited to, federal credit assistance pursuant to the | ||||||
4 | Transportation Infrastructure Finance and Innovation Act | ||||||
5 | (TIFIA). | ||||||
6 | (c) The Department may agree to make grants or loans for | ||||||
7 | the development, financing, or operation of Illiana from time | ||||||
8 | to time, from amounts received from the federal, State, or | ||||||
9 | local government or any agency or instrumentality of the | ||||||
10 | federal, State, or local government. | ||||||
11 | (d) Any financing of Illiana may be in the amounts and upon | ||||||
12 | the terms and conditions that are determined by the parties to | ||||||
13 | the public-private agreement. | ||||||
14 | (e) For the purpose of financing Illiana, the contractor | ||||||
15 | and the Department may do the following: | ||||||
16 | (1) propose to use any and all revenues that may be | ||||||
17 | available to them; | ||||||
18 | (2) enter into grant agreements; | ||||||
19 | (3) access any other funds available to the Department; | ||||||
20 | and | ||||||
21 | (4) accept grants from the Department or other public | ||||||
22 | or private agency or entity. | ||||||
23 | (f) For the purpose of financing Illiana, public funds may | ||||||
24 | be used and mixed and aggregated with funds provided by or on | ||||||
25 | behalf of the contractor or other private entities. | ||||||
26 | (g) For the purpose of financing Illiana, the Department is |
| |||||||
| |||||||
1 | authorized to do any combination of applying for, executing, or | ||||||
2 | endorsing applications for an allocation of tax-exempt bond | ||||||
3 | financing authorization provided by Section 142(m) of the | ||||||
4 | United States Internal Revenue Code, as well as financing | ||||||
5 | available under any other federal law or program. | ||||||
6 | (h) Any bonds, debt, or other securities or other financing | ||||||
7 | issued for the purposes of this Act shall not be deemed to | ||||||
8 | constitute a debt of the State or any political subdivision of | ||||||
9 | the State or a pledge of the faith and credit of the State or | ||||||
10 | any political subdivision of the State. | ||||||
11 | Section 50. Acquisition of property. | ||||||
12 | (a) The Department may exercise any power of condemnation | ||||||
13 | or eminent domain, including quick-take powers, that it has | ||||||
14 | under law, including, in the case of the Department, all powers | ||||||
15 | for acquisition of property rights granted it in the Illinois | ||||||
16 | Highway Code, for the purpose of acquiring any lands or estates | ||||||
17 | or interests in land for Illiana to the extent provided in the | ||||||
18 | public-private agreement or otherwise to the extent that the | ||||||
19 | Department finds that the action serves the public purpose of | ||||||
20 | this Act and deems it appropriate in the exercise of its powers | ||||||
21 | under this Act. | ||||||
22 | (b) The Department and an approved proposer may enter into | ||||||
23 | the leases, licenses, easements, and other grants of property | ||||||
24 | interests that the Department determines necessary to carry out | ||||||
25 | this Act. |
| |||||||
| |||||||
1 | Section 55. Labor. | ||||||
2 | (a) The public-private agreement related to Illiana shall | ||||||
3 | require the contractor to enter into a project labor agreement. | ||||||
4 | (b) The public-private agreement related to Illiana shall | ||||||
5 | require all construction contractors to comply with the | ||||||
6 | requirements of Section 30-22 of the Illinois Procurement Code | ||||||
7 | as they apply to responsible bidders and to present | ||||||
8 | satisfactory evidence of that compliance to the Department, | ||||||
9 | unless Illiana is federally funded and the application of those | ||||||
10 | requirements would jeopardize the receipt or use of federal | ||||||
11 | funds in support of Illiana. | ||||||
12 | (c) Each contractor and sub-contractor participating in a | ||||||
13 | public-private agreement related to Illiana shall, with | ||||||
14 | respect to employees assigned work related to Illiana and who | ||||||
15 | are not otherwise members of an existing bargaining unit | ||||||
16 | cognizable under the National Labor Relations Act of 1935, and | ||||||
17 | where not otherwise prohibited by applicable law, the | ||||||
18 | contractor shall negotiate in good faith with any union that | ||||||
19 | seeks to represent its employees for a labor neutrality and | ||||||
20 | card check procedure agreement. The agreement shall apply only | ||||||
21 | to employees actually assigned work related to Illiana and | ||||||
22 | shall have no applicability to employees not so assigned. The | ||||||
23 | agreement shall contain provisions accomplishing the following | ||||||
24 | objectives: resolution by a third party neutral of | ||||||
25 | disagreements regarding bargaining unit scope, inclusions, and |
| |||||||
| |||||||
1 | exclusions; determination of the existence of majority support | ||||||
2 | for a bargaining agent by means of a card check procedure; and | ||||||
3 | prohibition of coercion or intimidation of employees by either | ||||||
4 | the employer or the union. | ||||||
5 | Section 60. Law enforcement. | ||||||
6 | (a) All law enforcement officers of the State and of each | ||||||
7 | affected local jurisdiction have the same powers and | ||||||
8 | jurisdiction within the limits of Illiana as they have in their | ||||||
9 | respective areas of jurisdiction. | ||||||
10 | (b) Law enforcement officers shall have access to Illiana | ||||||
11 | at any time for the purpose of exercising the law enforcement | ||||||
12 | officers' powers and jurisdiction. | ||||||
13 | (c) The traffic and motor vehicle laws of the State of | ||||||
14 | Illinois or, if applicable, any local jurisdiction shall be the | ||||||
15 | same as those applying to conduct on similar projects in the | ||||||
16 | State of Illinois or the local jurisdiction. | ||||||
17 | (d) Punishment for infractions and offenses shall be as | ||||||
18 | prescribed by law for conduct occurring on similar projects in | ||||||
19 | the State of Illinois or the local jurisdiction. | ||||||
20 | Section 65. Term of agreement; reversion of property to the | ||||||
21 | Department. | ||||||
22 | (a) The term of the public-private agreement, including all | ||||||
23 | extensions, may not exceed 99 years. | ||||||
24 | (b) The Department shall terminate the contractor's |
| |||||||
| |||||||
1 | authority and duties under the public-private agreement on the | ||||||
2 | date set forth in the public-private agreement. | ||||||
3 | (c) Upon termination of the public-private agreement, the | ||||||
4 | authority and duties of the contractor under this Act cease, | ||||||
5 | except for those duties and obligations that extend beyond the | ||||||
6 | termination, as set forth in the public-private agreement, and | ||||||
7 | all interests in Illiana shall revert to the Department. | ||||||
8 | Section 70. Additional powers of the Department with | ||||||
9 | respect to Illiana. | ||||||
10 | (a) The Department may exercise any powers provided under | ||||||
11 | this Act in participation or cooperation with any governmental | ||||||
12 | entity and enter into any contracts to facilitate that | ||||||
13 | participation or cooperation without compliance with any other | ||||||
14 | statute. The Department shall cooperate with other | ||||||
15 | governmental entities under this Act. | ||||||
16 | (b) The Department may make and enter into all contracts | ||||||
17 | and agreements necessary or incidental to the performance of | ||||||
18 | the Department's duties and the execution of the Department's | ||||||
19 | powers under this Act. Except as otherwise required by law, | ||||||
20 | these contracts or agreements are not subject to any approvals | ||||||
21 | other than the approval of the Department, Governor, or federal | ||||||
22 | agencies. | ||||||
23 | (c) The Department may pay the costs incurred under the | ||||||
24 | public-private agreement entered into under this Act from any | ||||||
25 | funds available to the Department for the purpose of Illiana |
| |||||||
| |||||||
1 | under this Act or any other statute. | ||||||
2 | (d) The Department or other State agency may not take any | ||||||
3 | action that would impair the public-private agreement entered | ||||||
4 | into under this Act, except as provided by law. | ||||||
5 | (e) The Department may enter into an agreement between and | ||||||
6 | among the contractor, the Department, and the Department of | ||||||
7 | State Police concerning the provision of law enforcement | ||||||
8 | assistance with respect to Illiana under this Act. | ||||||
9 | (f) The Department is authorized to enter into arrangements | ||||||
10 | with the Department of State Police related to costs incurred | ||||||
11 | in providing law enforcement assistance under this Act. | ||||||
12 | Section 75. Prohibited local action. A unit of local | ||||||
13 | government may not take any action that would have the effect | ||||||
14 | of impairing the public-private agreement under this Act. | ||||||
15 | Section 80. Powers liberally construed. The powers | ||||||
16 | conferred by this Act shall be liberally construed in order to | ||||||
17 | accomplish their purposes and shall be in addition and | ||||||
18 | supplemental to the powers conferred by any other law. If any | ||||||
19 | other law or rule is inconsistent with this Act, this Act is | ||||||
20 | controlling as to any public-private agreement entered into | ||||||
21 | under this Act. | ||||||
22 | Section 85. Full and complete authority. This Act contains | ||||||
23 | full and complete authority for agreements and leases with |
| |||||||
| |||||||
1 | private entities to carry out the activities described in this | ||||||
2 | Act. Except as otherwise required by law, no procedure, | ||||||
3 | proceedings, publications, notices, consents, approvals, | ||||||
4 | orders, or acts by the Department or any other State or local | ||||||
5 | agency or official are required to enter into an agreement or | ||||||
6 | lease. | ||||||
7 | Section 90. Severability. The provisions of this Act are | ||||||
8 | severable under Section 1.31 of the Statute on Statutes. | ||||||
9 | Section 905. The Department of Transportation Law of the
| ||||||
10 | Civil Administrative Code of Illinois is amended by adding | ||||||
11 | Section 2705-220 as follows: | ||||||
12 | (20 ILCS 2705/2705-220 new) | ||||||
13 | Sec. 2705-220. Public-private partnerships for | ||||||
14 | transportation. The Department may exercise all powers granted | ||||||
15 | to it under the Illiana Expressway Public-Private Partnerships | ||||||
16 | for Transportation Act. | ||||||
17 | Section 910. The Illinois Finance Authority Act is amended | ||||||
18 | by adding Section 825-105 as follows: | ||||||
19 | (20 ILCS 3501/825-105 new) | ||||||
20 | Sec. 825-105. Illiana financing. For the purpose of | ||||||
21 | financing Illiana under the Illiana Expressway Public-Private |
| |||||||
| |||||||
1 | Partnerships for Transportation Act, the Authority is | ||||||
2 | authorized to apply for an allocation of tax-exempt bond | ||||||
3 | financing authorization provided by Section 142(m) of the | ||||||
4 | United States Internal Revenue Code, as well as financing | ||||||
5 | available under any other federal law or program. | ||||||
6 | Section 915. The Illinois Procurement Code is amended by | ||||||
7 | changing Section 1-10 as follows:
| ||||||
8 | (30 ILCS 500/1-10)
| ||||||
9 | Sec. 1-10. Application.
| ||||||
10 | (a) This Code applies only to procurements for which | ||||||
11 | contractors were first
solicited on or after July 1, 1998. This | ||||||
12 | Code shall not be construed to affect
or impair any contract, | ||||||
13 | or any provision of a contract, entered into based on a
| ||||||
14 | solicitation prior to the implementation date of this Code as | ||||||
15 | described in
Article 99, including but not limited to any | ||||||
16 | covenant entered into with respect
to any revenue bonds or | ||||||
17 | similar instruments.
All procurements for which contracts are | ||||||
18 | solicited between the effective date
of Articles 50 and 99 and | ||||||
19 | July 1, 1998 shall be substantially in accordance
with this | ||||||
20 | Code and its intent.
| ||||||
21 | (b) This Code shall apply regardless of the source of the | ||||||
22 | funds with which
the contracts are paid, including federal | ||||||
23 | assistance moneys.
This Code shall
not apply to:
| ||||||
24 | (1) Contracts between the State and its political |
| |||||||
| |||||||
1 | subdivisions or other
governments, or between State | ||||||
2 | governmental bodies except as specifically
provided in | ||||||
3 | this Code.
| ||||||
4 | (2) Grants, except for the filing requirements of | ||||||
5 | Section 20-80.
| ||||||
6 | (3) Purchase of care.
| ||||||
7 | (4) Hiring of an individual as employee and not as an | ||||||
8 | independent
contractor, whether pursuant to an employment | ||||||
9 | code or policy or by contract
directly with that | ||||||
10 | individual.
| ||||||
11 | (5) Collective bargaining contracts.
| ||||||
12 | (6) Purchase of real estate, except that notice of this | ||||||
13 | type of contract with a value of more than $25,000 must be | ||||||
14 | published in the Procurement Bulletin within 7 days after | ||||||
15 | the deed is recorded in the county of jurisdiction. The | ||||||
16 | notice shall identify the real estate purchased, the names | ||||||
17 | of all parties to the contract, the value of the contract, | ||||||
18 | and the effective date of the contract.
| ||||||
19 | (7) Contracts necessary to prepare for anticipated | ||||||
20 | litigation, enforcement
actions, or investigations, | ||||||
21 | provided
that the chief legal counsel to the Governor shall | ||||||
22 | give his or her prior
approval when the procuring agency is | ||||||
23 | one subject to the jurisdiction of the
Governor, and | ||||||
24 | provided that the chief legal counsel of any other | ||||||
25 | procuring
entity
subject to this Code shall give his or her | ||||||
26 | prior approval when the procuring
entity is not one subject |
| |||||||
| |||||||
1 | to the jurisdiction of the Governor.
| ||||||
2 | (8) Contracts for
services to Northern Illinois | ||||||
3 | University by a person, acting as
an independent | ||||||
4 | contractor, who is qualified by education, experience, and
| ||||||
5 | technical ability and is selected by negotiation for the | ||||||
6 | purpose of providing
non-credit educational service | ||||||
7 | activities or products by means of specialized
programs | ||||||
8 | offered by the university.
| ||||||
9 | (9) Procurement expenditures by the Illinois | ||||||
10 | Conservation Foundation
when only private funds are used.
| ||||||
11 | (10) Except for Section 20-160 and Article 50 of this | ||||||
12 | Code, and as expressly set forth in the Illiana Expressway | ||||||
13 | Public-Private Partnerships for Transportation Act, the | ||||||
14 | provisions of this Code do not apply to the procurement | ||||||
15 | process provided for under the Illiana Expressway | ||||||
16 | Public-Private Partnerships for Transportation Act. | ||||||
17 | (c) This Code does not apply to the electric power | ||||||
18 | procurement process provided for under Section 1-75 of the | ||||||
19 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
20 | Utilities Act. | ||||||
21 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
22 | and as expressly required by Section 9.1 of the Illinois | ||||||
23 | Lottery Law, the provisions of this Code do not apply to the | ||||||
24 | procurement process provided for under Section 9.1 of the | ||||||
25 | Illinois Lottery Law. | ||||||
26 | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; |
| |||||||
| |||||||
1 | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09.)
| ||||||
2 | Section 920. The Public Construction Bond Act is amended by | ||||||
3 | adding Section 1.5 as follows: | ||||||
4 | (30 ILCS 550/1.5 new) | ||||||
5 | Sec. 1.5. Public-private agreements. This Act applies to | ||||||
6 | any public-private agreement entered into under the Illiana | ||||||
7 | Expressway Public-Private Partnerships for Transportation Act. | ||||||
8 | Section 925. The Employment of Illinois Workers on Public | ||||||
9 | Works Act is amended by adding Section 2.5 as follows: | ||||||
10 | (30 ILCS 570/2.5 new) | ||||||
11 | Sec. 2.5. Public-private agreements. This Act applies to | ||||||
12 | any public-private agreement entered into under the Illiana | ||||||
13 | Expressway Public-Private Partnerships for Transportation Act. | ||||||
14 | Section 930. The Business Enterprise for Minorities, | ||||||
15 | Females, and Persons with
Disabilities Act is amended by adding | ||||||
16 | Section 2.5 as follows: | ||||||
17 | (30 ILCS 575/2.5 new) | ||||||
18 | Sec. 2.5. Public-private agreements. This Act applies to | ||||||
19 | any public-private agreement entered into under the Illiana | ||||||
20 | Expressway Public-Private Partnerships for Transportation Act. |
| |||||||
| |||||||
1 | Section 935. The Retailers' Occupation Tax Act is amended | ||||||
2 | by adding Section 1q as follows: | ||||||
3 | (35 ILCS 120/1q new) | ||||||
4 | Sec. 1q. Building materials exemption; Illiana | ||||||
5 | public-private partnership. | ||||||
6 | (a) Each retailer that makes a qualified sale of building | ||||||
7 | materials to be incorporated into "Illiana" as defined in the | ||||||
8 | Illiana Expressway Public-Private Partnerships for | ||||||
9 | Transportation Act, by remodeling, rehabilitating, or new | ||||||
10 | construction, may deduct receipts from those sales when | ||||||
11 | calculating the tax imposed by this Act. | ||||||
12 | (b) As used in this Section, "qualified sale" means a sale | ||||||
13 | of building materials that will be incorporated into Illiana | ||||||
14 | for which a Certificate of Eligibility for Sales Tax Exemption | ||||||
15 | has been issued by the Illinois Department of Transportation, | ||||||
16 | which has authority over the project. | ||||||
17 | (c) To document the exemption allowed under this Section, | ||||||
18 | the retailer must obtain from the purchaser a copy of the | ||||||
19 | Certificate of Eligibility for Sales Tax Exemption issued by | ||||||
20 | the Illinois Department of Transportation, which has | ||||||
21 | jurisdiction over the project into which the building materials | ||||||
22 | will be incorporated is located. The Certificate of Eligibility | ||||||
23 | for Sales Tax Exemption must contain all of the following: | ||||||
24 | (1) statement that the project identified in the |
| |||||||
| |||||||
1 | Certificate meets all the requirements of the Illinois | ||||||
2 | Department of Transportation; | ||||||
3 | (2) the location or address of the project; and | ||||||
4 | (3) the signature of the Secretary of the Illinois | ||||||
5 | Department of Transportation, which has authority over | ||||||
6 | Illiana or the Secretary's delegate. | ||||||
7 | (d) In addition to meeting the requirements of subsection | ||||||
8 | (c) of this Act, the retailer must obtain a certificate from | ||||||
9 | the purchaser that contains all of the following: | ||||||
10 | (1) a statement that the building materials are being | ||||||
11 | purchased for incorporation into Illiana in accordance | ||||||
12 | with the Illiana Expressway Public-Private Partnerships | ||||||
13 | for Transportation Act; | ||||||
14 | (2) the location or address of the project into which | ||||||
15 | the building materials will be incorporated; | ||||||
16 | (3) the name of the project; | ||||||
17 | (4) a description of the building materials being | ||||||
18 | purchased; and | ||||||
19 | (5) the purchaser's signature and date of purchase. | ||||||
20 | (e) This Section is exempt from Section 2-70 of this Act. | ||||||
21 | Section 940. The Property Tax Code is amended by changing | ||||||
22 | Section 15-55 as follows: | ||||||
23 | (35 ILCS 200/15-55)
| ||||||
24 | Sec. 15-55. State property.
|
| |||||||
| |||||||
1 | (a) All property belonging to the State of Illinois
is | ||||||
2 | exempt. However, the State agency holding title shall file the | ||||||
3 | certificate
of ownership and use required by Section 15-10, | ||||||
4 | together with a copy of any
written lease or agreement, in | ||||||
5 | effect on March 30 of the assessment year,
concerning parcels | ||||||
6 | of 1 acre or more, or an explanation of the terms of any
oral | ||||||
7 | agreement under which the property is leased, subleased or | ||||||
8 | rented.
| ||||||
9 | The leased property shall be assessed to the lessee and the | ||||||
10 | taxes thereon
extended and billed to the lessee, and collected | ||||||
11 | in the same manner as
for property which is not exempt. The | ||||||
12 | lessee shall be liable
for the taxes and no lien shall attach | ||||||
13 | to the property of the State.
| ||||||
14 | For the purposes of this Section, the word "leases" | ||||||
15 | includes
licenses, franchises, operating agreements and other | ||||||
16 | arrangements under which
private individuals, associations or | ||||||
17 | corporations are granted the right to use
property of the | ||||||
18 | Illinois State Toll Highway Authority and includes all property
| ||||||
19 | of the Authority used by others without regard to the size of | ||||||
20 | the leased
parcel.
| ||||||
21 | (b) However, all property of every kind belonging to the | ||||||
22 | State of
Illinois, which
is or may hereafter be leased to the | ||||||
23 | Illinois Prairie Path Corporation, shall
be exempt from all | ||||||
24 | assessments, taxation or collection, despite the making of
any | ||||||
25 | such lease, if it is used for:
| ||||||
26 | (1) conservation, nature trail or any other |
| |||||||
| |||||||
1 | charitable,
scientific,
educational or recreational | ||||||
2 | purposes with public benefit, including the
preserving and | ||||||
3 | aiding in the preservation of natural areas, objects, | ||||||
4 | flora,
fauna or biotic communities;
| ||||||
5 | (2) the establishment of footpaths, trails and other | ||||||
6 | protected
areas;
| ||||||
7 | (3) the conservation of the proper use of natural
| ||||||
8 | resources or the promotion of the study of plant and animal | ||||||
9 | communities and
of other phases of ecology, natural history | ||||||
10 | and conservation;
| ||||||
11 | (4) the promotion of education in the fields of nature,
| ||||||
12 | preservation and
conservation; or
| ||||||
13 | (5) similar public recreational activities conducted | ||||||
14 | by the
Illinois
Prairie
Path Corporation.
| ||||||
15 | No lien shall attach to the property of the State. No tax | ||||||
16 | liability shall
become the obligation of or be enforceable | ||||||
17 | against Illinois Prairie Path
Corporation.
| ||||||
18 | (c) If the State sells the
James R.
Thompson Center
or the | ||||||
19 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
20 | S.
State Street,
Elgin, Illinois, as provided in subdivision | ||||||
21 | (a)(2) of Section 7.4 of
the State Property Control Act,
to
| ||||||
22 | another entity whose property is not exempt and immediately | ||||||
23 | thereafter enters
into a
leaseback or other agreement that | ||||||
24 | directly or indirectly gives the State a
right to use,
control, | ||||||
25 | and possess the property, that portion of the property leased | ||||||
26 | and
occupied exclusively by the State shall remain exempt under |
| |||||||
| |||||||
1 | this
Section.
For the property to remain exempt under this | ||||||
2 | subsection (c), the State must
retain an
option to purchase the | ||||||
3 | property at a future date or, within the limitations
period for
| ||||||
4 | reverters, the property must revert back to the State.
| ||||||
5 | If the property has been conveyed as described in this | ||||||
6 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
7 | this Section as of the date when:
| ||||||
8 | (1) the right of the State to use, control, and possess | ||||||
9 | the property has
been
terminated; or
| ||||||
10 | (2) the State no longer has an option to
purchase or | ||||||
11 | otherwise acquire the property and
there is no provision | ||||||
12 | for a reverter of the property to the State
within the | ||||||
13 | limitations period for reverters.
| ||||||
14 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
15 | State shall notify the
chief
county assessment officer of any | ||||||
16 | transaction under this subsection (c). The
chief county
| ||||||
17 | assessment officer shall determine initial and continuing | ||||||
18 | compliance with the
requirements of this Section for tax | ||||||
19 | exemption. Failure to notify the chief
county
assessment | ||||||
20 | officer of a transaction under this subsection (c) or to | ||||||
21 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
22 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
23 | assessment officer, constitute cause to terminate the | ||||||
24 | exemption,
notwithstanding any other provision of this Code.
| ||||||
25 | (c-1) If the Illinois State Toll Highway Authority sells | ||||||
26 | the
Illinois State Toll Highway Authority headquarters |
| |||||||
| |||||||
1 | building and surrounding
land,
located at 2700 Ogden Avenue, | ||||||
2 | Downers Grove, Illinois
as provided in subdivision (a)(2) of | ||||||
3 | Section 7.5 of
the State Property Control Act,
to
another | ||||||
4 | entity whose property is not exempt and immediately thereafter | ||||||
5 | enters
into a
leaseback or other agreement that directly or | ||||||
6 | indirectly gives the State or the
Illinois State Toll Highway | ||||||
7 | Authority a
right to use,
control, and possess the property, | ||||||
8 | that portion of the property leased and
occupied exclusively by | ||||||
9 | the State or the Authority shall remain exempt under
this
| ||||||
10 | Section.
For the property to remain exempt under this | ||||||
11 | subsection (c), the Authority must
retain an
option to purchase | ||||||
12 | the property at a future date or, within the limitations
period | ||||||
13 | for
reverters, the property must revert back to the Authority.
| ||||||
14 | If the property has been conveyed as described in this | ||||||
15 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
16 | this Section as of the date when:
| ||||||
17 | (1) the right of the State or the Authority to use, | ||||||
18 | control, and possess
the
property has
been
terminated; or
| ||||||
19 | (2) the Authority no longer has an option to
purchase | ||||||
20 | or otherwise acquire the property and
there is no provision | ||||||
21 | for a reverter of the property to the Authority
within the | ||||||
22 | limitations period for reverters.
| ||||||
23 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
24 | Authority
shall notify the
chief
county assessment officer of | ||||||
25 | any transaction under this subsection (c). The
chief county
| ||||||
26 | assessment officer shall determine initial and continuing |
| |||||||
| |||||||
1 | compliance with the
requirements of this Section for tax | ||||||
2 | exemption. Failure to notify the chief
county
assessment | ||||||
3 | officer of a transaction under this subsection (c) or to | ||||||
4 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
5 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
6 | assessment officer, constitute cause to terminate the | ||||||
7 | exemption,
notwithstanding any other provision of this Code.
| ||||||
8 | (d) The fair market rent of each parcel of real property in | ||||||
9 | Will
County owned by the State of Illinois for the purpose of | ||||||
10 | developing an airport
by the Department of Transportation shall | ||||||
11 | include the assessed value of
leasehold tax. The lessee of each | ||||||
12 | parcel of real property in Will
County owned by
the
State of | ||||||
13 | Illinois for the purpose of developing an airport by the | ||||||
14 | Department of
Transportation shall not be liable for the taxes | ||||||
15 | thereon. In order for the
State to
compensate taxing districts | ||||||
16 | for
the leasehold tax under this paragraph
the Will County | ||||||
17 | Supervisor of Assessments shall
certify, in
writing, to the
| ||||||
18 | Department of Transportation, the amount of leasehold taxes
| ||||||
19 | extended for the 2002 property tax
year for
each such exempt | ||||||
20 | parcel.
The Department of Transportation shall pay to the Will
| ||||||
21 | County
Treasurer, from the Tax Recovery Fund, on or before July | ||||||
22 | 1 of each
year, the amount of leasehold taxes for each such | ||||||
23 | exempt parcel as certified
by the Will County Supervisor of | ||||||
24 | Assessments. The tax compensation shall
terminate
on
December | ||||||
25 | 31, 2020. It is the duty of the Department of Transportation to | ||||||
26 | file
with the
Office of the Will County Supervisor of |
| |||||||
| |||||||
1 | Assessments an affidavit stating the
termination
date for | ||||||
2 | rental of each such parcel due to airport construction. The | ||||||
3 | affidavit
shall include
the property identification number for | ||||||
4 | each such parcel. In no instance shall
tax
compensation for | ||||||
5 | property owned by the State be deemed delinquent or bear
| ||||||
6 | interest. In
no instance shall a lien attach to the property of | ||||||
7 | the State. In no instance
shall the State
be required to pay | ||||||
8 | leasehold tax compensation in excess of the Tax
Recovery Fund's | ||||||
9 | balance.
| ||||||
10 | (e) Public Act 81-1026 applies to all leases or agreements | ||||||
11 | entered into
or
renewed on or after September 24, 1979.
| ||||||
12 | (f) Notwithstanding anything to the contrary in this | ||||||
13 | Section, all property owned by the State that is defined as | ||||||
14 | part of Illiana under the Illiana Expressway Public-Private | ||||||
15 | Partnerships for Transportation Act and that is used for | ||||||
16 | transportation purposes and that is leased for those purposes | ||||||
17 | to another entity whose property is not exempt shall remain | ||||||
18 | exempt, and any leasehold interest in the property shall not be | ||||||
19 | subject to taxation under Section 9-195 of this Act. | ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-192, eff. 8-10-09.)
| ||||||
21 | Section 945. The Prevailing Wage Act is amended by changing | ||||||
22 | Section 2 as follows:
| ||||||
23 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
24 | Sec. 2. This Act applies to the wages of laborers, |
| |||||||
| |||||||
1 | mechanics and
other workers employed in any public works, as | ||||||
2 | hereinafter defined, by
any public body and to anyone under | ||||||
3 | contracts for public works. This includes any maintenance, | ||||||
4 | repair, assembly, or disassembly work performed on equipment | ||||||
5 | whether owned, leased, or rented.
| ||||||
6 | As used in this Act, unless the context indicates | ||||||
7 | otherwise:
| ||||||
8 | "Public works" means all fixed works constructed or | ||||||
9 | demolished by
any public body,
or paid for wholly or in part | ||||||
10 | out of public funds. "Public works" as
defined herein includes | ||||||
11 | all projects financed in whole
or in part with bonds, grants, | ||||||
12 | loans, or other funds made available by or through the State or | ||||||
13 | any of its political subdivisions, including but not limited | ||||||
14 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
15 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
16 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
17 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
18 | the Build Illinois Bond Act; loans or other funds made
| ||||||
19 | available pursuant to the Build Illinois Act; or funds from the | ||||||
20 | Fund for
Illinois' Future under Section 6z-47 of the State | ||||||
21 | Finance Act, funds for school
construction under Section 5 of | ||||||
22 | the General Obligation Bond Act, funds
authorized under Section | ||||||
23 | 3 of the School Construction Bond Act, funds for
school | ||||||
24 | infrastructure under Section 6z-45 of the State Finance Act, | ||||||
25 | and funds
for transportation purposes under Section 4 of the | ||||||
26 | General Obligation Bond
Act. "Public works" also includes (i) |
| |||||||
| |||||||
1 | all projects financed in whole or in part
with funds from the | ||||||
2 | Department of Commerce and Economic Opportunity under the | ||||||
3 | Illinois Renewable Fuels Development Program
Act for which | ||||||
4 | there is no project labor agreement and (ii) all projects | ||||||
5 | undertaken under the public-private agreement under the | ||||||
6 | Illiana Expressway Public-Private Partnerships for | ||||||
7 | Transportation Act for the Illiana Expressway . "Public works" | ||||||
8 | also includes all projects at leased facility property used for | ||||||
9 | airport purposes under Section 35 of the Local Government | ||||||
10 | Facility Lease Act. "Public works" also includes the | ||||||
11 | construction of a new wind power facility by a business | ||||||
12 | designated as a High Impact Business under Section 5.5(a)(3)(E) | ||||||
13 | of the Illinois Enterprise Zone Act.
"Public works" does not | ||||||
14 | include work done directly by any public utility company, | ||||||
15 | whether or not done under public supervision or direction, or | ||||||
16 | paid for wholly or in part out of public funds. "Public works" | ||||||
17 | does not include projects undertaken by the owner at an | ||||||
18 | owner-occupied single-family residence or at an owner-occupied | ||||||
19 | unit of a multi-family residence.
| ||||||
20 | "Construction" means all work on public works involving | ||||||
21 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
22 | repair, assembly, or disassembly work performed on equipment | ||||||
23 | whether owned, leased, or rented.
| ||||||
24 | "Locality" means the county where the physical work upon | ||||||
25 | public works
is performed, except (1) that if there is not | ||||||
26 | available in the county a
sufficient number of competent |
| |||||||
| |||||||
1 | skilled laborers, workers and mechanics
to construct the public | ||||||
2 | works efficiently and properly, "locality"
includes any other | ||||||
3 | county nearest the one in which the work or
construction is to | ||||||
4 | be performed and from which such persons may be
obtained in | ||||||
5 | sufficient numbers to perform the work and (2) that, with
| ||||||
6 | respect to contracts for highway work with the Department of
| ||||||
7 | Transportation of this State, "locality" may at the discretion | ||||||
8 | of the
Secretary of the Department of Transportation be | ||||||
9 | construed to include
two or more adjacent counties from which | ||||||
10 | workers may be accessible for
work on such construction.
| ||||||
11 | "Public body" means the State or any officer, board or | ||||||
12 | commission of
the State or any political subdivision or | ||||||
13 | department thereof, or any
institution supported in whole or in | ||||||
14 | part by public funds,
and includes every county, city, town,
| ||||||
15 | village, township, school district, irrigation, utility, | ||||||
16 | reclamation
improvement or other district and every other | ||||||
17 | political subdivision,
district or municipality of the state | ||||||
18 | whether such political
subdivision, municipality or district | ||||||
19 | operates under a special charter
or not.
| ||||||
20 | The terms "general prevailing rate of hourly wages", | ||||||
21 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
22 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
23 | fringe benefits for training and
apprenticeship programs | ||||||
24 | approved by the U.S. Department of Labor, Bureau of
| ||||||
25 | Apprenticeship and Training, health and welfare, insurance, | ||||||
26 | vacations and
pensions paid generally, in the
locality in which |
| |||||||
| |||||||
1 | the work is being performed, to employees engaged in
work of a | ||||||
2 | similar character on public works.
| ||||||
3 | (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | ||||||
4 | eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
| ||||||
5 | Section 999. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|