|
||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning State government.
| |||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Department of Transportation Law of the
| |||||||||||||||||||||||||||||||||||||||
5 | Civil Administrative Code of Illinois is amended by changing | |||||||||||||||||||||||||||||||||||||||
6 | Sections 2705-5 and 2705-200 and by adding Sections 2705-2, | |||||||||||||||||||||||||||||||||||||||
7 | 2705-176, 2705-177, 2705-201, 2705-219, 2705-220, 2705-221, | |||||||||||||||||||||||||||||||||||||||
8 | 2705-222, and 2705-223 as follows: | |||||||||||||||||||||||||||||||||||||||
9 | (20 ILCS 2705/2705-2 new) | |||||||||||||||||||||||||||||||||||||||
10 | Sec. 2705-2. Purpose and scope. The purpose of this Law is | |||||||||||||||||||||||||||||||||||||||
11 | to ensure that transportation investments in the State of | |||||||||||||||||||||||||||||||||||||||
12 | Illinois enhance State and local economic development and the | |||||||||||||||||||||||||||||||||||||||
13 | quality of life for Illinois residents. It is the intent of the | |||||||||||||||||||||||||||||||||||||||
14 | General Assembly to provide greater transparency, full and | |||||||||||||||||||||||||||||||||||||||
15 | careful consideration of investments on the merits, and | |||||||||||||||||||||||||||||||||||||||
16 | accountability for results that will give the public confidence | |||||||||||||||||||||||||||||||||||||||
17 | that tax dollars are being used effectively for transportation | |||||||||||||||||||||||||||||||||||||||
18 | projects and that limited funds are allocated to achieve the | |||||||||||||||||||||||||||||||||||||||
19 | best outcomes. To that end, all surface transportation capital | |||||||||||||||||||||||||||||||||||||||
20 | moneys appropriated by the State, including but not limited to, | |||||||||||||||||||||||||||||||||||||||
21 | appropriations from the Road Fund, the State Construction | |||||||||||||||||||||||||||||||||||||||
22 | Account Fund, transportation bonds, and federal funds to the | |||||||||||||||||||||||||||||||||||||||
23 | extent allowed by federal law, shall be allocated based on the |
| |||||||
| |||||||
1 | State and regional transportation plans and the annual and | ||||||
2 | multiyear transportation improvement programs prescribed by | ||||||
3 | this Law. This Law does not apply to (i) any grant programs | ||||||
4 | administered by the Department of Natural Resources, (ii) any | ||||||
5 | funds administered by the Department of Commerce and Economic | ||||||
6 | Opportunity that support local transportation improvements as | ||||||
7 | part of an economic development project, or (iii) any moneys | ||||||
8 | distributed to local government entities pursuant to item (2) | ||||||
9 | of subsection (e) of Section 8 of the Motor Fuel Tax Law.
| ||||||
10 | (20 ILCS 2705/2705-5)
| ||||||
11 | Sec. 2705-5. Definitions. In this Law:
| ||||||
12 | "Acceptable condition" means a condition determined by the | ||||||
13 | Department as acceptable using a technical assessment system | ||||||
14 | developed by the Department to rate the condition of roads and | ||||||
15 | bridges. | ||||||
16 | "Committee" means the Illinois Transportation Policy | ||||||
17 | Committee established by this Law. | ||||||
18 | "Department" means the Department of Transportation.
| ||||||
19 | "District" means the 9 districts of the State of Illinois | ||||||
20 | established by the Department for its administrative purposes | ||||||
21 | and statutorily authorized activities. | ||||||
22 | "Downstate MPO" means an MPO whose metropolitan planning | ||||||
23 | boundaries are entirely outside of Cook, DuPage, Kane, Kendall, | ||||||
24 | Lake, McHenry, and Will Counties. | ||||||
25 | "MPO" means a metropolitan planning organization |
| |||||||
| |||||||
1 | designated under 23 U.S.C. 134 whose metropolitan planning area | ||||||
2 | boundaries are partially or completely within the State. | ||||||
3 | "Project of interregional or statewide significance" means | ||||||
4 | a surface transportation project or combination of surface | ||||||
5 | transportation projects that cross multiple MPO or District | ||||||
6 | jurisdictional boundaries or connect major State destinations | ||||||
7 | in support of the State's economy and are so designated by the | ||||||
8 | Department with the advice and approval of the Committee. | ||||||
9 | "Regional programs" means the regional annual and | ||||||
10 | multiyear transportation improvement programs established | ||||||
11 | under this Law. | ||||||
12 | "Secretary" means the Secretary of Transportation.
| ||||||
13 | "Statewide programs" means the statewide annual and | ||||||
14 | multiyear transportation improvement programs established | ||||||
15 | under this Law. | ||||||
16 | "Surface transportation" means roadway, bridge, public | ||||||
17 | transportation, rail, trail, walkway, bicycle, and intermodal | ||||||
18 | facilities. | ||||||
19 | "Surface transportation capital project" or "project" | ||||||
20 | means a capital project for the maintenance, improvement, | ||||||
21 | acquisition, or new construction of surface transportation | ||||||
22 | facilities, including facilities or improvements ancillary to | ||||||
23 | surface transportation facilities. | ||||||
24 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
25 | (20 ILCS 2705/2705-176 new) |
| |||||||
| |||||||
1 | Sec. 2705-176. Transportation Policy Committee; creation; | ||||||
2 | members; terms. | ||||||
3 | (a) There is created a State Transportation Policy | ||||||
4 | Committee. The Committee shall perform the duties enumerated in | ||||||
5 | this Law. The Committee members shall each represent the State | ||||||
6 | as a whole and balance the needs of urban and rural areas of | ||||||
7 | the State. The Committee shall consist of 7 voting members and | ||||||
8 | 4 non-voting members, as follows: | ||||||
9 | (1) One from the City of Chicago appointed by the | ||||||
10 | Chicago Metropolitan Agency for Planning Board. | ||||||
11 | (2) One from that portion of Cook County outside of the | ||||||
12 | City of Chicago appointed by the Chicago Metropolitan | ||||||
13 | Agency for Planning Board. | ||||||
14 | (3) One from DuPage, Kane, Kendall, Lake, McHenry, or | ||||||
15 | Will County appointed by the Chicago Metropolitan Agency | ||||||
16 | for Planning Board. | ||||||
17 | (4) Three appointed by the Downstate MPOs through the | ||||||
18 | concurrence of at least three-fifths of the chairpersons of | ||||||
19 | the Downstate MPOs. | ||||||
20 | (5) The Secretary of the Department of Transportation | ||||||
21 | or his or her designee shall serve as an ex officio voting | ||||||
22 | member. | ||||||
23 | (6) The Speaker and Minority Leader of the House of | ||||||
24 | Representatives and the President and Minority Leader of | ||||||
25 | the Senate, or the designee of each, shall be ex officio | ||||||
26 | non-voting members. |
| |||||||
| |||||||
1 | (b) The terms of the members initially appointed to the | ||||||
2 | Committee shall begin within 60 days after the effective date | ||||||
3 | of this amendatory Act of the 96th General Assembly. Appointed | ||||||
4 | committee members shall hold office for a term of 4 years or | ||||||
5 | until successors are appointed. The terms of the initial | ||||||
6 | appointed committee members shall expire as follows: the terms | ||||||
7 | of the one member appointed by the Chicago Metropolitan Agency | ||||||
8 | for Planning Board and the 2 members appointed by the downstate | ||||||
9 | MPOs shall expire on December 31, 2010; the terms of the 2 | ||||||
10 | members appointed by the Chicago Metropolitan Agency for | ||||||
11 | Planning Board and the one member appointed by the downstate | ||||||
12 | MPOs shall expire December 31, 2012. To comply with this | ||||||
13 | provision, the appointing authority shall specify the term for | ||||||
14 | each appointment. | ||||||
15 | (c) Vacancies shall be filled by the appointing authority | ||||||
16 | for the unexpired portion of the terms in which they occur. | ||||||
17 | (d) Each appointing authority shall give notice of its | ||||||
18 | Committee appointments to each other appointing authority, to | ||||||
19 | the Committee, to the Secretary of State, and to the Secretary | ||||||
20 | of Transportation. Within 30 days after his or her appointment | ||||||
21 | and before entering upon the duties of the office, each | ||||||
22 | Committee member shall take and subscribe to the constitutional | ||||||
23 | oath of office and file it with the Secretary of State. | ||||||
24 | (e) Members of the Committee shall serve without | ||||||
25 | compensation, but shall be reimbursed by the Department for | ||||||
26 | their travel to and from meetings and other reasonable expenses |
| |||||||
| |||||||
1 | in connection with meetings if approved by the Department. | ||||||
2 | (20 ILCS 2705/2705-177 new) | ||||||
3 | Sec. 2705-177. Committee meetings; officers. | ||||||
4 | (a) The Secretary of the Department of Transportation shall | ||||||
5 | convene the first meeting within 90 days after the effective | ||||||
6 | date of this amendatory Act of the 96th General Assembly. At | ||||||
7 | that time and annually thereafter, the Committee shall elect | ||||||
8 | one of its voting members as a chairperson to preside at all | ||||||
9 | meetings, and a voting member as vice-chairperson to preside in | ||||||
10 | the absence of the chairperson. The chairperson shall serve a | ||||||
11 | term of one year. | ||||||
12 | (b) Regular meetings of the Committee shall be held at | ||||||
13 | least 3 times each year. The time and place of Committee | ||||||
14 | meetings shall be fixed by resolution of the Committee. The | ||||||
15 | Committee shall be deemed a public body for purposes of the | ||||||
16 | Open Meetings Act. The Committee shall maintain records in | ||||||
17 | accordance with the provisions of the State Records Act. A | ||||||
18 | majority of voting members of the Committee shall constitute a | ||||||
19 | quorum. The affirmative vote of a majority of the voting | ||||||
20 | members of the Committee shall be required to approve or revise | ||||||
21 | a State transportation plan or statewide program. | ||||||
22 | (c) The Committee shall adopt its own rules of procedure. | ||||||
23 | (d) The Department shall provide staff assistance and | ||||||
24 | office space for the Committee. The Department shall prepare | ||||||
25 | all plans, reports, and documents needed to enable the |
| |||||||
| |||||||
1 | Committee to fulfill its responsibilities. The necessary | ||||||
2 | expenses of the Committee shall be provided through the | ||||||
3 | Department.
| ||||||
4 | (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
| ||||||
5 | Sec. 2705-200. State transportation plan Master plan; | ||||||
6 | reporting requirements .
| ||||||
7 | (a) The Department , with the advice and approval of the | ||||||
8 | Committee, shall has the power to develop and maintain a | ||||||
9 | continuing,
comprehensive, and integrated planning process | ||||||
10 | that shall develop and
periodically revise a State | ||||||
11 | transportation plan statewide master plan for transportation | ||||||
12 | to guide program
development and to foster efficient and | ||||||
13 | economical transportation services in
ground, air, water, and
| ||||||
14 | all other modes of surface transportation throughout the State. | ||||||
15 | The Department
shall coordinate its transportation planning | ||||||
16 | activities with those of other
State agencies and authorities | ||||||
17 | and shall coordinate supervise and review any
transportation | ||||||
18 | planning performed by other Executive agencies under the
| ||||||
19 | direction of the Governor. The Department shall cooperate and | ||||||
20 | participate
with federal, regional, interstate, State, and | ||||||
21 | local agencies, in accordance
with Sections 5-301 and 7-301 of | ||||||
22 | the Illinois Highway Code, and with
interested private | ||||||
23 | individuals and organizations in the coordination of
plans and | ||||||
24 | policies for development of the state's transportation system.
| ||||||
25 | To meet the provisions of this Section, the Department , |
| |||||||
| |||||||
1 | with the advice and approval of the Committee, shall prepare, | ||||||
2 | subject to the review of the Governor and General Assembly, | ||||||
3 | publish and
deliver to the Governor and General Assembly by | ||||||
4 | June 30, 2010 and at intervals not to exceed every 5 years, | ||||||
5 | January 1, 1982 and every 2
years thereafter, its State | ||||||
6 | transportation master plan for surface transportation systems | ||||||
7 | highway, waterway, aeronautic, mass
transportation, and | ||||||
8 | railroad systems . The plan shall identify priority
subsystems | ||||||
9 | or components of each system that are critical to the economic | ||||||
10 | and
general welfare of this State regardless of public | ||||||
11 | jurisdictional
responsibility or private ownership.
| ||||||
12 | The State transportation plan shall set forth goals, | ||||||
13 | objectives, performance measures, and criteria that will | ||||||
14 | provide the basis for selecting projects for inclusion in the | ||||||
15 | annual and multiyear transportation improvement programs. It | ||||||
16 | shall examine policies, strategies, opportunities, and | ||||||
17 | challenges, and shall not be an inventory of projects. | ||||||
18 | The State transportation plan shall set goals and | ||||||
19 | objectives designed to assure the development and maintenance | ||||||
20 | of a comprehensive and balanced statewide transportation | ||||||
21 | system. Goals may include maintenance of a state of good | ||||||
22 | repair, lowering travel times, reducing traffic congestion, | ||||||
23 | decreasing vehicle emissions, improving air quality, | ||||||
24 | environmental protection, reducing household housing and | ||||||
25 | transportation costs, the effective use of pricing and other | ||||||
26 | demand management strategies, improved safety, economic |
| |||||||
| |||||||
1 | growth, greater use of alternative transportation | ||||||
2 | opportunities such as walking and biking, and other goals that | ||||||
3 | advance an adequate, efficient, and coordinated transportation | ||||||
4 | system. | ||||||
5 | The State transportation plan shall establish performance | ||||||
6 | measures regarding the adequacy, efficiency, and coordination | ||||||
7 | of transportation services and the implementation of goals and | ||||||
8 | objectives. It shall include transportation policies that | ||||||
9 | reflect the relationship of transportation to land use, | ||||||
10 | economic development, the environment, air quality, and energy | ||||||
11 | consumption; foster the efficient movement of people and goods; | ||||||
12 | coordinate modes of transportation; coordinate planning among | ||||||
13 | federal agencies, State agencies, transportation agencies, and | ||||||
14 | local governments; and address the safety and equity of | ||||||
15 | transportation services. It shall include priorities, | ||||||
16 | challenges, and strategies for improvement. The State | ||||||
17 | transportation plan shall, as much as practicable, incorporate | ||||||
18 | the adopted regional transportation plans prepared pursuant to | ||||||
19 | Section 2705-201. | ||||||
20 | The State transportation plan shall include policies to | ||||||
21 | ensure that the percentage of State-jurisdiction mileage and | ||||||
22 | bridges in acceptable condition is comparable throughout the | ||||||
23 | State and that the percentage of State-jurisdiction miles and | ||||||
24 | bridges in acceptable condition in each of the Department's | ||||||
25 | highway districts, as those districts were organized on January | ||||||
26 | 1, 2009, is no more than 5 percentage points below the |
| |||||||
| |||||||
1 | statewide average percentage in acceptable condition. | ||||||
2 | The State transportation plan shall include criteria by | ||||||
3 | which proposals for capital improvements may be evaluated and | ||||||
4 | prioritized for inclusion in the statewide programs. The | ||||||
5 | criteria shall be designed to advance the goals and objectives | ||||||
6 | established in the State transportation plan. The criteria may | ||||||
7 | include: | ||||||
8 | (1) objective transportation criteria such as system | ||||||
9 | maintenance, efficiency, safety, and intermodal | ||||||
10 | connectivity; | ||||||
11 | (2) economic development criteria such as job creation | ||||||
12 | and retention, inclusion of transit oriented development, | ||||||
13 | and cost effectiveness; | ||||||
14 | (3) environmental criteria such as reduced emissions; | ||||||
15 | (4) population affected by the project; and | ||||||
16 | (5) financial criteria such as life-cycle cost, return | ||||||
17 | on investment, effect on household housing and | ||||||
18 | transportation costs, and effective leveraging of private | ||||||
19 | capital. | ||||||
20 | The State transportation plan shall include a description | ||||||
21 | of the measurement system and process developed by the | ||||||
22 | Department to prioritize proposals for inclusion in the | ||||||
23 | statewide program pursuant to subsection (c) of Section | ||||||
24 | 2705-220. | ||||||
25 | The master plan shall provide particular emphasis and | ||||||
26 | detail of at least the 5-year
period in the immediate future.
|
| |||||||
| |||||||
1 | Annual and 5-year, or longer, project programs for each | ||||||
2 | State system in this Section
shall be published and furnished | ||||||
3 | the General Assembly on the first Wednesday
in April of each | ||||||
4 | year.
| ||||||
5 | Identified needs included in the project programs shall be | ||||||
6 | listed and
mapped in a distinctive fashion to clearly identify | ||||||
7 | the priority status
of the projects: (1) projects to be | ||||||
8 | committed for execution; (2) tentative
projects that are | ||||||
9 | dependent upon funding or other constraints; and (3) needed
| ||||||
10 | projects that are not programmed due to lack of funding or | ||||||
11 | other constraints.
| ||||||
12 | All projects shall be related to the priority systems of | ||||||
13 | the master plan,
and the priority criteria identified. Cost and | ||||||
14 | estimated completion dates
shall be included for work required | ||||||
15 | to complete a useable segment or component
beyond the
period of | ||||||
16 | the program.
| ||||||
17 | (b) The Department shall publish and deliver to the | ||||||
18 | Governor and General
Assembly by June 30, 2012 and at intervals | ||||||
19 | not to exceed every 5 years a master plan and 5-year program | ||||||
20 | for aeronautics. on the first Wednesday in April of each year a | ||||||
21 | 5-year, or longer, Highway
Improvement Program reporting
the | ||||||
22 | number of fiscal years each project has been on previous
plans | ||||||
23 | submitted by the Department.
| ||||||
24 | (c) (Blank). The Department shall publish and deliver to | ||||||
25 | the Governor and the General
Assembly by November 1 of each | ||||||
26 | year a For the Record report that shall include
the following:
|
| |||||||
| |||||||
1 | (1) All the projects accomplished in the previous | ||||||
2 | fiscal year
listed by each Illinois Department of | ||||||
3 | Transportation District.
| ||||||
4 | (2) The award cost and the beginning
dates of each | ||||||
5 | listed project.
| ||||||
6 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
7 | (20 ILCS 2705/2705-201 new) | ||||||
8 | Sec. 2705-201. Regional transportation plans. At intervals | ||||||
9 | not to exceed every 5 years, each MPO shall develop a regional | ||||||
10 | transportation plan. The process established by each MPO for | ||||||
11 | the development of the regional transportation plan and any | ||||||
12 | modifications to it shall provide reasonable opportunities for | ||||||
13 | the involvement of residents, units of local government, | ||||||
14 | business and labor organizations, environmental organizations, | ||||||
15 | transportation and planning agencies, State agencies, private | ||||||
16 | and civic organizations, public and private providers of | ||||||
17 | transportation, and land preservation agencies. | ||||||
18 | The regional transportation plan shall include, but shall | ||||||
19 | not be limited to: | ||||||
20 | (1) Regional goals, objectives, and policies. The | ||||||
21 | regional transportation plan shall demonstrate how the | ||||||
22 | goals, objectives, and policies relate to those within the | ||||||
23 | State transportation plan. | ||||||
24 | (2) A plan for a coordinated and integrated surface | ||||||
25 | transportation system for the region consisting of a |
| |||||||
| |||||||
1 | multimodal network of facilities and services to be | ||||||
2 | developed over a 20-year period to support efficient | ||||||
3 | movement of people and goods. The transportation system | ||||||
4 | plan shall include statements of minimum levels of service | ||||||
5 | that describe the performance for each mode in order to | ||||||
6 | meet the goals and policies of the plan. | ||||||
7 | (3) Performance standards and measurements regarding | ||||||
8 | the adequacy, efficiency, and coordination of | ||||||
9 | transportation services and the implementation of goals | ||||||
10 | and objectives. | ||||||
11 | (4) Criteria by which proposals for capital | ||||||
12 | improvements will be evaluated for inclusion in the | ||||||
13 | regional programs. Each MPO may adopt the criteria listed | ||||||
14 | in the State transportation plan or may propose alternative | ||||||
15 | criteria. Alternative criteria shall be submitted to the | ||||||
16 | Committee for review and comment. The criteria shall be | ||||||
17 | designed to advance the goals and objectives established in | ||||||
18 | the regional transportation plan. | ||||||
19 | (5) A description of the measurement system and process | ||||||
20 | the MPO will use to prioritize proposals for inclusion in | ||||||
21 | the regional programs. | ||||||
22 | The regional transportation plan shall be submitted to the | ||||||
23 | Department upon completion for incorporation, as much as | ||||||
24 | practicable, in the State transportation plan. | ||||||
25 | (20 ILCS 2705/2705-219 new) |
| |||||||
| |||||||
1 | Sec. 2705-219. Funding estimates, distribution, and | ||||||
2 | recommendations. | ||||||
3 | (a) Annual funding estimates. The Department, subject to | ||||||
4 | the advice and approval of the Committee, shall annually | ||||||
5 | establish a 5-year estimate of all federal and State funds | ||||||
6 | reasonably expected to be available for surface transportation | ||||||
7 | capital programs during each of the following 5 fiscal years. | ||||||
8 | (b) Funding distribution. State and federal funds | ||||||
9 | estimated to be available for surface transportation capital | ||||||
10 | programs shall be programmed by the Department in accordance | ||||||
11 | with the annual and multiyear improvement programs prescribed | ||||||
12 | by this Law, subject to the advice and approval of the | ||||||
13 | Committee, as follows: | ||||||
14 | (1) Any State and federal funds designated by law for | ||||||
15 | specific surface transportation purposes or specific | ||||||
16 | geographic areas shall be allocated in accordance with law | ||||||
17 | for those specific purposes or areas. | ||||||
18 | (2) All remaining monies shall be allocated as follows: | ||||||
19 | (A) Fifty percent for improvements within areas | ||||||
20 | under the jurisdiction of an MPO. The Department shall | ||||||
21 | determine the amount of programming for each MPO based | ||||||
22 | on a formula which is based 75% on the population of | ||||||
23 | the MPO region to the total population of all MPO | ||||||
24 | regions and 25% on State highway miles in the MPO | ||||||
25 | region to the total State highway miles in all MPO | ||||||
26 | regions. Any State moneys appropriated for a specific |
| |||||||
| |||||||
1 | project within the jurisdiction of an MPO shall be | ||||||
2 | deducted from that MPO's allocation. | ||||||
3 | (i) Individual MPO share shortfalls and | ||||||
4 | surpluses at the end of each year, if any, shall be | ||||||
5 | carried forward and credited or debited to the | ||||||
6 | following year. The Department shall maintain a | ||||||
7 | long-term balance of such shortfalls and | ||||||
8 | surpluses. | ||||||
9 | (ii) An MPO may request to reserve all or part | ||||||
10 | of its share for a higher cost project or request | ||||||
11 | to advance an amount of the share, in an amount not | ||||||
12 | to exceed 200% of its current share, for a larger | ||||||
13 | project, to be deducted from shares for future | ||||||
14 | programming years. | ||||||
15 | (iii) An MPO or District may pool resources | ||||||
16 | with other MPOs or Districts. | ||||||
17 | (B) Fifty percent to be distributed by the | ||||||
18 | Department, subject to the advice and approval of the | ||||||
19 | Committee, according to need, for: | ||||||
20 | (i) Projects in areas of the State outside the | ||||||
21 | jurisdiction of an MPO. These funds shall be | ||||||
22 | distributed according to District. | ||||||
23 | (ii) Projects of interregional or statewide | ||||||
24 | significance. | ||||||
25 | (c) Not less often than once every 2 years, the Committee | ||||||
26 | shall review and evaluate the funding distributions and make |
| |||||||
| |||||||
1 | recommendations for changes to the General Assembly and the | ||||||
2 | Governor. | ||||||
3 | (d) The Committee shall evaluate available transportation | ||||||
4 | funding sources and make recommendations to the General | ||||||
5 | Assembly and the Governor regarding the raising of adequate and | ||||||
6 | sustainable revenues for transportation. | ||||||
7 | (20 ILCS 2705/2705-220 new) | ||||||
8 | Sec. 2705-220. Annual and multiyear transportation | ||||||
9 | improvement programs. | ||||||
10 | (a) Preparation guidelines. The Department, with the | ||||||
11 | advice and approval of the Committee, shall develop guidelines | ||||||
12 | for preparation of the regional and statewide programs. | ||||||
13 | (b) Regional annual and multiyear transportation | ||||||
14 | improvement programs. After consultation with the Department, | ||||||
15 | each MPO shall prepare and adopt an annual and 5-year schedule | ||||||
16 | of all regional transportation improvement projects and their | ||||||
17 | anticipated costs. These schedules shall be known as the | ||||||
18 | regional annual and multiyear transportation improvement | ||||||
19 | programs. The regional programs shall be submitted to the | ||||||
20 | Department and the Committee no later than January 15, 2011 and | ||||||
21 | January 15 of every year thereafter. | ||||||
22 | (1) The regional programs shall include projects and | ||||||
23 | programs within the MPO's jurisdiction proposed to be | ||||||
24 | funded, in whole or in part, by State or federal funds. | ||||||
25 | (2) Counties, municipalities, mass transit districts, |
| |||||||
| |||||||
1 | other local governments, the Department, and members of the | ||||||
2 | General Assembly may nominate or recommend the inclusion of | ||||||
3 | projects in the regional programs. The MPOs shall have | ||||||
4 | authority for determining whether any of the project | ||||||
5 | nominations or recommendations are accepted and included | ||||||
6 | in the regional programs adopted and submitted to the | ||||||
7 | Department and Committee pursuant to this Section. This | ||||||
8 | authority extends only to a project located within the | ||||||
9 | MPO's jurisdiction. | ||||||
10 | (3) Projects included in the regional programs shall be | ||||||
11 | consistent with the adopted regional transportation plan. | ||||||
12 | The regional programs shall demonstrate how projects are | ||||||
13 | consistent with the adopted regional transportation plan. | ||||||
14 | (4) Projects shall be prioritized for inclusion in the | ||||||
15 | programs using a measurement system and the criteria | ||||||
16 | established by the regional transportation plan. | ||||||
17 | (5) The Department shall provide assistance to MPOs in | ||||||
18 | preparing the regional programs, at the request of the MPO. | ||||||
19 | (c) Recommended statewide annual and multiyear | ||||||
20 | transportation improvement programs. After consultation with | ||||||
21 | MPOs, the Department shall prepare no later than March 1, 2011 | ||||||
22 | and March 1 of every year thereafter, an annual and 5-year | ||||||
23 | schedule of all surface transportation improvement projects | ||||||
24 | and their anticipated costs. These schedules are designated the | ||||||
25 | statewide annual and multiyear transportation improvement | ||||||
26 | programs. The Department shall be responsible for the planning |
| |||||||
| |||||||
1 | and programming of all areas of the State outside the | ||||||
2 | jurisdiction of an MPO and for projects of interregional or | ||||||
3 | statewide significance. The statewide programs shall be | ||||||
4 | subject to the review and approval of the Committee. | ||||||
5 | (1) The statewide programs shall include projects and | ||||||
6 | programs proposed to be funded, in whole or in part, by | ||||||
7 | State or federal funds and shall consist of the following: | ||||||
8 | (A) For regions of the State under the jurisdiction | ||||||
9 | of an MPO, the schedule shall be limited to projects | ||||||
10 | that are listed in the regional programs. | ||||||
11 | (B) For regions of the State outside the | ||||||
12 | jurisdiction of an MPO, the Department shall choose | ||||||
13 | projects for inclusion. The Department, counties, | ||||||
14 | municipalities, mass transit districts, other local | ||||||
15 | governments, MPOs, and members of the General Assembly | ||||||
16 | may nominate or recommend projects for the statewide | ||||||
17 | programs. | ||||||
18 | (C) The Department shall choose projects of | ||||||
19 | interregional or statewide significance for inclusion. | ||||||
20 | The Department, counties, municipalities, mass transit | ||||||
21 | districts, other local governments, MPOs, and members | ||||||
22 | of the General Assembly may nominate or recommend | ||||||
23 | projects of interregional or statewide significance | ||||||
24 | for the statewide programs. | ||||||
25 | (2) Projects outside the jurisdiction of an MPO and | ||||||
26 | projects of interregional or statewide significance shall |
| |||||||
| |||||||
1 | be consistent with the adopted State transportation plan. | ||||||
2 | The Department shall demonstrate how such projects are | ||||||
3 | consistent with the adopted State transportation plan. | ||||||
4 | (3) Projects outside the jurisdiction of an MPO and | ||||||
5 | projects of interregional or statewide significance shall | ||||||
6 | be recommended for inclusion in the statewide programs | ||||||
7 | considering a measurement system and the criteria | ||||||
8 | established by the State transportation plan. | ||||||
9 | (4) The recommended statewide programs shall ensure | ||||||
10 | that the percentage of State-jurisdiction mileage and | ||||||
11 | bridges in acceptable condition is comparable throughout | ||||||
12 | the State and that the percentage of State-jurisdiction | ||||||
13 | miles and bridges in acceptable condition in each of the | ||||||
14 | Department's highway districts, as those districts were | ||||||
15 | organized on January 1, 2009, is no more than 5 percentage | ||||||
16 | points below the statewide average percentage in | ||||||
17 | acceptable condition. The programs shall include the | ||||||
18 | following information statewide and for each district: | ||||||
19 | (A) For roads and bridges under State | ||||||
20 | jurisdiction, the current percentage of miles and | ||||||
21 | bridges in acceptable condition. | ||||||
22 | (B) For roads and bridges under State | ||||||
23 | jurisdiction, the projected percentage of miles and | ||||||
24 | bridges in acceptable condition at the end of the | ||||||
25 | Programs. | ||||||
26 | (d) Adopted statewide annual and multiyear transportation |
| |||||||
| |||||||
1 | improvement programs. The Committee shall review the | ||||||
2 | recommended statewide programs and make adjustments pursuant | ||||||
3 | to this subsection. The Committee shall adopt the final | ||||||
4 | statewide programs, subject to appropriation, no later than | ||||||
5 | April 7, 2011 and the first Wednesday in April of every year | ||||||
6 | thereafter. | ||||||
7 | (1) The Committee shall incorporate each regional | ||||||
8 | program prepared by MPOs and the Department's recommended | ||||||
9 | statewide program into the final statewide programs, | ||||||
10 | except that the Committee may deviate from such programs if | ||||||
11 | an objective analysis finds that: | ||||||
12 | (A) A program is not consistent with the adopted | ||||||
13 | State transportation plan or the guidelines developed | ||||||
14 | by the Department and Committee and is determined to | ||||||
15 | not be a cost-effective expenditure of funds. | ||||||
16 | (B) There are insufficient funds available to | ||||||
17 | implement the program. | ||||||
18 | (C) A program needs to be modified to permit the | ||||||
19 | expenditure of funds in accordance with funding | ||||||
20 | restrictions set forth in State or federal law. | ||||||
21 | (D) There are conflicts between regional programs. | ||||||
22 | (E) There are conflicts between a regional program | ||||||
23 | and the statewide program. | ||||||
24 | (F) There is an overriding State need for a project | ||||||
25 | to adequately accommodate interregional traffic. | ||||||
26 | (2) If the Committee deviates from a Department or MPO |
| |||||||
| |||||||
1 | program, the Committee shall make the reasons publicly | ||||||
2 | available and promptly seek comments from the Department | ||||||
3 | and MPO. Based on those comments, the Committee may adjust | ||||||
4 | the recommended program. The Committee shall comply with | ||||||
5 | all relevant federal requirements, and may not deviate from | ||||||
6 | a regional program in any manner that would affect the | ||||||
7 | inclusion of a project in a transportation improvement | ||||||
8 | program developed by an MPO pursuant to 23 U.S.C. 134. | ||||||
9 | (e) Fiscal year 2011 statewide program. After consultation | ||||||
10 | with the MPOs, the Department shall prepare by no later than | ||||||
11 | March 1, 2010 an annual program of surface transportation | ||||||
12 | capital projects and their anticipated costs proposed for | ||||||
13 | funding in whole or in part from appropriations made by the | ||||||
14 | State in fiscal year 2011. The fiscal year 2011 statewide | ||||||
15 | program required by this subsection shall, so much as is | ||||||
16 | practicable, comply with the objectives of this Law. The | ||||||
17 | Committee shall review and provide comments on the fiscal year | ||||||
18 | 2011 statewide program by no later than April 7, 2010. | ||||||
19 | (20 ILCS 2705/2705-221 new) | ||||||
20 | Sec. 2705-221. Inclusion in transportation improvement | ||||||
21 | program. The transportation improvement program the Department | ||||||
22 | must develop pursuant to 23 U.S.C. 135 may only include | ||||||
23 | projects that have been prioritized for inclusion in a regional | ||||||
24 | or statewide program by an MPO or the Department pursuant to | ||||||
25 | this Law. It is not the intent of this Section to interfere |
| |||||||
| |||||||
1 | with administrative changes to the Transportation Improvement | ||||||
2 | Program, but only to ensure that all included projects undergo | ||||||
3 | the process prescribed by this Law. | ||||||
4 | (20 ILCS 2705/2705-222 new) | ||||||
5 | Sec. 2705-222. Public involvement and accountability. | ||||||
6 | (a) The Department and the Committee shall provide timely | ||||||
7 | and clear information and accountability to the public and | ||||||
8 | shall engage the public when making State transportation | ||||||
9 | decisions. The Department shall elicit the public's views both | ||||||
10 | with respect to adequate transportation services and | ||||||
11 | appropriate means of minimizing adverse social, economic, | ||||||
12 | environmental, and energy impact of transportation programs. | ||||||
13 | All documents listed in this Law shall be made publicly | ||||||
14 | available for distribution in print and on the Department's | ||||||
15 | website. | ||||||
16 | (b) The Department and the Committee shall provide the | ||||||
17 | opportunity for public comment throughout the State prior to | ||||||
18 | the completion of the statewide transportation plan and the | ||||||
19 | recommended and adopted statewide programs. Public comment may | ||||||
20 | be solicited through hearings, focus groups, surveys, and | ||||||
21 | feedback on draft plans and programs. | ||||||
22 | (c) The Department in conjunction with the Committee shall | ||||||
23 | publish and deliver to the Governor and the General Assembly by | ||||||
24 | November 1 of each year a For the Record report on all modes of | ||||||
25 | transportation that shall include the following: |
| |||||||
| |||||||
1 | (1) All the projects accomplished in the previous | ||||||
2 | fiscal year listed by each Illinois Department of | ||||||
3 | Transportation District and MPO. | ||||||
4 | (2) The award cost and the beginning dates of each | ||||||
5 | listed project. | ||||||
6 | (3) A summary of the Committee's prior-year decisions | ||||||
7 | in allocating transportation capital outlay appropriations | ||||||
8 | and identifying timely and relevant transportation issues | ||||||
9 | facing the State of Illinois. | ||||||
10 | (4) Statewide and for each district and MPO, a | ||||||
11 | description of any project receiving an appropriation from | ||||||
12 | the General Assembly that was not included in the final | ||||||
13 | statewide program. | ||||||
14 | (5) An explanation and summary of major policies and | ||||||
15 | decisions adopted by the Department and the Committee | ||||||
16 | during the previously completed State and federal fiscal | ||||||
17 | year, with an explanation of any changes in policy | ||||||
18 | associated with the performance of its duties and | ||||||
19 | responsibilities over the past year. | ||||||
20 | (6) A review of the progress made in achieving the | ||||||
21 | State transportation goals. | ||||||
22 | (7) Statewide and for each district and MPO, the total | ||||||
23 | of program accomplishments in dollars, number of miles, | ||||||
24 | number of bridges, and number of transit projects. | ||||||
25 | (8) Statewide and for each district and MPO, the | ||||||
26 | current percentage of miles and bridges in acceptable |
| |||||||
| |||||||
1 | condition for roads and bridges under State jurisdiction. | ||||||
2 | (9) A description of remedial actions that will be | ||||||
3 | taken in the next statewide transportation improvement | ||||||
4 | program for raising the percentage of roads or bridges, or | ||||||
5 | both, that are in acceptable condition for any district | ||||||
6 | whose percentage is more than 5 percentage points below the | ||||||
7 | statewide average. | ||||||
8 | (20 ILCS 2705/2705-223 new) | ||||||
9 | Sec. 2705-223. Evaluation. | ||||||
10 | (a) The Committee shall evaluate the effectiveness of the | ||||||
11 | processes and procedures established by this Law to ensure that | ||||||
12 | they contribute to a well-coordinated and cost-effective | ||||||
13 | transportation system. The Committee shall recommend changes | ||||||
14 | as needed to the General Assembly and the Governor. | ||||||
15 | (b) Following publication of the For the Record report | ||||||
16 | required by this Law, the Commission on Government Forecasting | ||||||
17 | and Accountability shall review the documents and certify to | ||||||
18 | the Governor, Senate President, and Speaker of the House | ||||||
19 | whether the requirement is being met that the percentage of | ||||||
20 | State-jurisdiction miles and bridges in acceptable condition | ||||||
21 | in each of the Districts be no lower than 5 percentage points | ||||||
22 | below the statewide average percentage in acceptable | ||||||
23 | condition. | ||||||
24 | (c) Every 2 years, the Auditor General shall review the | ||||||
25 | performance of the Department to assure the Department is |
| |||||||
| |||||||
1 | meeting the requirements of this Law.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|