State of Illinois
2021 and 2022


Introduced 11/16/2022, by Rep. William Davis - Debbie Meyers-Martin


620 ILCS 75/2-5
620 ILCS 75/2-10
620 ILCS 75/2-25

    Amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Illinois Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act. Makes changes to legislative findings.

LRB102 29036 NLB 40939 b





HB5810LRB102 29036 NLB 40939 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public-Private Agreements for the South
5Suburban Airport Act is amended by changing Sections 2-5,
62-10, and 2-25 as follows:
7    (620 ILCS 75/2-5)
8    Sec. 2-5. Legislative findings.
9    (a) Providing facilities for air travel and domestic and
10global freight cargo transfer shipment to and from the State
11of Illinois through the South Suburban Airport is essential
12for the health and welfare of the people of the State of
13Illinois and economic development and well-being of the
14Southland region and the State of Illinois.
15    (b) Airport development has significant regional impacts
16with regard to economic development, public infrastructure
17requirements, traffic, noise, and other concerns.
18    (c) The South Suburban Airport will promote development
19and investment in the State of Illinois and serve as a critical
20transportation hub in the region.
21    (d) Existing requirements of procurement and financing of
22airports by the Department impose limitations on the methods
23by which airports may be developed and operated within the



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2    (e) Public-private agreements between the State of
3Illinois and one or more private entities to develop, finance,
4construct, manage, operate, maintain, or any combination
5thereof, the South Suburban Airport have the potential of
6maximizing value and benefit to the People of the State of
7Illinois and the public at large.
8    (f) Public-private agreements may enable the South
9Suburban Airport to be developed, financed, constructed,
10managed, operated, and maintained in an entrepreneurial and
11business-like manner.
12    (g) In the event that the State of Illinois enters into one
13or more public-private agreements to develop, finance,
14construct, manage, operate, or maintain the South Suburban
15Airport, the private parties to the agreements should be
16accountable to the People of Illinois through a comprehensive
17system of oversight, regulation, auditing, and reporting.
18    (h) It is the intent of this Act to use Illinois design
19professionals, construction companies, and workers to the
20greatest extent permitted by law by offering them the right to
21compete for this work.
22    (i) It is the intent of this Act for the Department to
23collaborate with affected municipalities, counties, citizens,
24elected officials, interest groups, and other stakeholders to
25foster economic development around the South Suburban Airport
26and the region, and to insure that the communities near the



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1South Suburban Airport have an ongoing opportunity to provide
2input on the development and operation of the South Suburban
4(Source: P.A. 98-109, eff. 7-25-13.)
5    (620 ILCS 75/2-10)
6    Sec. 2-10. Definitions. As used in this Act:
7    "Agreement" means a public-private agreement.
8    "Airport" means a facility for all types of air service,
9including, without limitation, landing fields, taxiways,
10aprons, runways, runway clear areas, heliports, hangars,
11aircraft service facilities, approaches, navigational aids,
12air traffic control facilities, terminals, inspection
13facilities, security facilities, parking, internal transit
14facilities, fueling facilities, cargo handling facilities,
15concessions, rapid transit and roadway access, land and
16interests in land, public waters, submerged land under public
17waters and reclaimed land located on previously submerged land
18under public waters, and all other property and appurtenances
19necessary or useful for development, ownership, and operation
20of any such facilities. "Airport" includes commercial or
21industrial facilities related to the functioning of the
22airport or to providing services to users of the airport.
23    "Cargo-oriented development" means the development of
24places that are both multimodal nodes of freight
25transportation and centers of employment in logistics and



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1manufacturing businesses.
2    "Contractor" means a person that has been selected to
3enter or has entered into a public-private agreement with the
4Department on behalf of the State for the development,
5financing, construction, management, or operation of the South
6Suburban Airport under this Act.
7    "Department" means the Illinois Department of
9    "Inaugural airport" means all airport facilities,
10equipment, property, and appurtenances necessary or useful to
11the development and operation of the South Suburban Airport
12that are constructed, developed, installed, or acquired as of
13the commencement of public operations of the South Suburban
15    "Inaugural airport boundary" means the property limits of
16the inaugural airport as determined by the Department, as may
17be adjusted and reconfigured from time to time.
18    "Maintain" or "maintenance" includes ordinary maintenance,
19repair, rehabilitation, capital maintenance, maintenance
20replacement, and any other categories of maintenance that may
21be designated by the Department.
22    "Metropolitan planning organization" means a metropolitan
23planning organization designated under 23 U.S.C. Section 134.
24    "Offeror" means a person that responds to a request for
25proposals under this Act.
26    "Operate" or "operation" means to do one or more of the



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1following: maintain, improve, equip, modify, or otherwise
3    "Person" means any individual, firm, association, joint
4venture, partnership, estate, trust, syndicate, fiduciary,
5corporation, or any other legal entity, group, or combination
7    "Public-private agreement" means an agreement or contract
8between the Department on behalf of the State and all
9schedules, exhibits, and attachments thereto, entered into
10pursuant to a competitive request for proposals process
11governed by this Act, for the development, financing,
12construction, management, or operation of the South Suburban
13Airport under this Act.
14    "Revenues" means all revenues, including any combination
15of, but not limited to: income; user fees; earnings; interest;
16lease payments; allocations; moneys from the federal
17government, the State, and units of local government,
18including but not limited to federal, State, and local
19appropriations, grants, loans, lines of credit, and credit
20guarantees; bond proceeds; equity investments; service
21payments; or other receipts arising out of or in connection
22with the financing, development, construction, management, or
23operation of the South Suburban Airport.
24    "State" means the State of Illinois.
25    "Secretary" means the Secretary of the Illinois Department
26of Transportation.



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1    "South Suburban Airport" means the airport to be developed
2on a site located in Will County and approved by the Federal
3Aviation Administration in the Record of Decision for Tier 1:
4FAA Site Approval And Land Acquisition By The State Of
5Illinois, Proposed South Suburban Airport, Will County,
6Illinois, dated July 2002, and all property within the
7inaugural airport boundary and the ultimate airport boundary.
8    "Ultimate airport boundary" means the development and
9property limits of the South Suburban Airport beyond the
10inaugural airport boundary as determined by the Department, as
11may be adjusted and reconfigured from time to time.
12    "Unit of local government" has the meaning ascribed to
13that term in Article VII, Section 1 of the Constitution of the
14State of Illinois, and, for purposes of this Act, includes
15school districts.
16    "User fees" means the rates, fees, or other charges
17imposed by the State or the contractor for use of all or a
18portion of the South Suburban Airport under a public-private
20(Source: P.A. 98-109, eff. 7-25-13.)
21    (620 ILCS 75/2-25)
22    Sec. 2-25. Prequalification to enter into public-private
23agreements. The Department shall may establish a process for
24prequalification of offerors. The If the Department creates a
25prequalification process, it shall: (i) provide a public



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1notice of the prequalification at least 30 days before the
2date on which applications are due; (ii) set forth
3requirements and evaluation criteria in order to become
4prequalified; (iii) determine which offerors that have
5submitted prequalification applications, if any, meet the
6requirements and evaluation criteria; and (iv) allow only
7those offerors that have been prequalified to respond to the
8request for proposals.
9    The Department shall commence the prequalification process
10within 6 months after the effective date of this amendatory
11Act of the 102nd General Assembly.
12(Source: P.A. 98-109, eff. 7-25-13.)