Rep. Kathleen A. Ryg

Filed: 5/27/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 414

2     AMENDMENT NO. ______. Amend Senate Bill 414, 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 H+T
6 Affordability Index Act.
 
7     Section 5. Findings. The General Assembly finds and
8 declares all of the following:
9     (1) Affordability is an important factor for establishing
10 and implementing infrastructure investment policies because it
11 helps ensure that all individuals in the State have an
12 opportunity for a high quality of life at a reasonable cost.
13     (2) Traditional definitions of affordability include
14 housing costs but not transportation costs, which are the
15 second largest and fastest growing expenditure in a household
16 budget.

 

 

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1     (3) It is beneficial to use definitions, indexes, and
2 policies that link housing and transportation costs to assist
3 in establishing investment plans for housing, transportation,
4 infrastructure, and economic development that more effectively
5 address the significant costs of living in Metropolitan
6 Planning Organization areas.
7     (4) The H+T Affordability Index is a tool that was designed
8 to calculate the transportation costs associated with a home's
9 location and to combine that cost with the cost of housing to
10 calculate affordability as a percentage of overall household
11 income.
12     (5) An analysis of housing and transportation costs in 54
13 metro areas nationally demonstrates that reducing the combined
14 cost of housing and transportation to 48% or less of income
15 represents a desirable and achievable goal; the H+T
16 Affordability Index has adopted 48% as the ratio of income to
17 housing and transportation costs.
18     (6) The analysis also reveals that affordability is
19 enhanced by locating residential units that have been
20 thoughtfully planned to lessen sprawl in mixed-use,
21 transit-rich communities near shopping, schools, and work, and
22 that residents of communities with low transportation costs
23 benefit from using transit for the mobility required to
24 undertake activities associated with daily life; residents of
25 these types of communities own fewer cars and drive them
26 shorter distances, thereby reducing environmental impacts and

 

 

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1 lowering their cost of living.
2     (7) A housing and transportation affordability standard,
3 such as that recommended by the H+T Affordability Index, is an
4 important consideration in the development of State plans and
5 investments in housing, transportation, economic development,
6 and other public facilities and infrastructure.
 
7     Section 10. Definitions. For purposes of this Act:
8     "Annual Comprehensive Housing Plan" means the plan created
9 by the Comprehensive Housing Planning Act (Public Act 94-965,
10 effective June 30, 2006).
11     "Context Sensitive Solution Process" means the process by
12 which IDOT develops the scope of transportation projects, in
13 accordance with Public Act 93-545, effective January 1, 2004.
14     "CDB" means the Illinois Capital Development Board, which
15 is responsible for overseeing the design, construction,
16 repair, and renovation for State-funded, public buildings,
17 including, but not limited to, schools, colleges, museums, and
18 State recreation areas.
19     "DCEO" means the Department of Commerce and Economic
20 Opportunity, which is responsible for improving Illinois'
21 competitiveness in the global economy by administering
22 economic and workforce development programs.
23     "HUD/DOT Sustainability Initiative" means an initiative
24 undertaken by the U.S. Departments of Housing and Urban
25 Development ("HUD") and Transportation ("DOT") in partnership

 

 

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1 to help American families gain better access to affordable
2 housing, more transportation options, and lower transportation
3 costs.
4     "H+T Affordability Index" means the Housing and
5 Transportation Affordability Index, a tool that maps the
6 combined costs of housing and transportation for neighborhoods
7 within a metropolitan area.
8     "IDOT" means the Illinois Department of Transportation,
9 which is responsible for statewide planning of transportation
10 and transit development.
11     "IFA" means the Illinois Finance Authority, which is
12 responsible for issuing taxable and tax-exempt bonds, making
13 loans, and investing capital in initiatives that stimulate the
14 economy and create jobs.
15     "IHDA" means the Illinois Housing Development Authority,
16 which is responsible for financing affordable housing
17 development.
18     "Interagency Coordinating Committee on Transportation" or
19 "ICCT" means the committee created by Public Act 93-185,
20 effective July 11, 2003, to encourage the coordination of
21 public and private transportation services, with priority
22 given toward services directed toward those populations who are
23 not currently served or are underserved by existing public
24 transportation.
25     "Metropolitan Planning Organization" refers to a regional
26 policy body, required by the federal government in urbanized

 

 

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1 areas with populations over 50,000 and designated by local
2 officials and the Governor of the State to carry out the
3 metropolitan transportation planning requirements of federal
4 highway and transit legislation.
5     "Task Force" means the Task Force codified by the
6 Comprehensive Housing Planning Act (Public Act 94-965,
7 effective June 30, 2006), which is responsible for statewide
8 planning of affordable housing and creating Illinois' Annual
9 Comprehensive Housing Plan in cooperation with multiple
10 agencies, including IDOT, IHDA, and DCEO.
 
11     Section 15. Funding for non-Metropolitan Planning
12 Organization areas. Nothing in this Act shall reduce or divert
13 funds away from areas not located in a Metropolitan Planning
14 Organization area.
 
15     Section 20. Adoption of the H+T Affordability Index;
16 Metropolitan Planning Organization areas. The H+T
17 Affordability Index or substantially equivalent affordability
18 measure, where available, shall be adopted by DCEO, IDOT and
19 IHDA as (1) a tool for the development of plans in Metropolitan
20 Planning Organization areas and (2) a consideration for the
21 allocation of funding for public transportation, economic
22 development, and housing projects in Metropolitan Planning
23 Organization areas; the distribution of economic incentives to
24 businesses in Metropolitan Planning Organization areas; and

 

 

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1 the siting of public facilities in Metropolitan Planning
2 Organization areas, where appropriate.
 
3     Section 25. Adoption of H+T Affordability Index; agencies.
4     (a) The Task Force, in cooperation with the Interagency
5 Coordinating Committee on Transportation, shall consider the
6 H+T Affordability Index, results of the HUD/DOT Sustainability
7 Initiative, and the Context Sensitive Solution Process, along
8 with other applicable affordability measures, to create an
9 affordability definition and policy that incorporates housing
10 and transportation costs for Metropolitan Planning
11 Organization areas, where appropriate, and shall include both
12 in the Annual Comprehensive Housing Plan for Metropolitan
13 Planning Organization Areas.
14     (b) DCEO, IDOT, and IHDA may use the H+T Affordability
15 Index and other applicable affordability measures to ensure
16 consideration of the combined costs of housing and
17 transportation in screening and prioritizing investments in
18 public transportation, housing, and economic development
19 projects in Metropolitan Planning Organization areas, where
20 appropriate.
21     (c) CDB shall recommend the H+T Affordability Index to
22 ensure consideration of the combined costs of housing and
23 transportation when new public facilities are sited in
24 Metropolitan Planning Organization areas.
25     (d) IDOT shall use its Context Sensitive Solution Process

 

 

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1 for all transportation expansion projects within Metropolitan
2 Planning Organization areas and, where possible, shall work
3 with communities to enhance or provide opportunities for
4 transportation alternatives to personal automobiles where
5 mixed-use communities thoughtfully planned to lessen sprawl
6 exist or are appropriate.
7     (e) IFA shall recommend the H+T Affordability Index to
8 ensure consideration of the combined costs of housing and
9 transportation in siting new buildings in Metropolitan
10 Planning Organization areas.
 
11     Section 30. The Department of Transportation Law of the
12 Civil Administrative Code of Illinois is amended by changing
13 Sections 2705-5 and 2705-200 and by adding Sections 2705-2,
14 2705-176, 2705-177, 2705-201, 2705-219, 2705-220, 2705-221,
15 2705-222, and 2705-223 as follows:
 
16     (20 ILCS 2705/2705-2 new)
17     Sec. 2705-2. Purpose and scope. The purpose of this Law is
18 to ensure that transportation investments in the State of
19 Illinois enhance State and local economic development and the
20 quality of life for Illinois residents. It is the intent of the
21 General Assembly to provide greater transparency, full and
22 careful consideration of investments on the merits, and
23 accountability for results that will give the public confidence
24 that tax dollars are being used effectively for transportation

 

 

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1 projects and that limited funds are allocated to achieve the
2 best outcomes. To that end, all surface transportation capital
3 moneys appropriated by the State, including but not limited to,
4 appropriations from the Road Fund, the State Construction
5 Account Fund, transportation bonds, and federal funds, to the
6 extent allowed by federal law, shall be allocated based on the
7 State and MPO plans and the annual and multiyear transportation
8 improvement programs prescribed by this Law. This Law does not
9 apply to (i) any grant programs administered by the Department
10 of Natural Resources, (ii) any funds administered by the
11 Department of Commerce and Economic Opportunity that support
12 local transportation improvements as part of an economic
13 development project, or (iii) any moneys distributed to local
14 government entities pursuant to item (2) of subsection (e) of
15 Section 8 of the Motor Fuel Tax Law.
 
16     (20 ILCS 2705/2705-5)
17     Sec. 2705-5. Definitions. In this Law:
18     "Committee" means the Illinois Transportation Policy
19 Committee established by this Law.
20     "Department" means the Department of Transportation.
21     "District" means the 9 districts of the State of Illinois
22 established by the Department for its administrative purposes
23 and statutorily authorized activities.
24     "Downstate MPO" means an MPO whose metropolitan planning
25 boundaries are entirely outside of Cook, DuPage, Kane, Kendall,

 

 

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1 Lake, McHenry, and Will Counties.
2     "MPO" means a metropolitan planning organization
3 designated under 23 U.S.C. 134 whose metropolitan planning area
4 boundaries are partially or completely within the State.
5     "Project of interregional or statewide significance" means
6 a surface transportation corridor or project that links major
7 State destinations in support of the State's economy as
8 designated by the Department with the advice 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)

 

 

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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 13 voting members and
8 8 non-voting members, all of whom must be residents of the
9 State of Illinois, as follows:
10         (1) 6 members from Cook, DuPage, Kane, Kendall, Lake,
11     McHenry, or Will County appointed by the Chicago
12     Metropolitan Agency for Planning Board, no more than 3 of
13     whom may be members of such Board.
14         (2) 3 members appointed by the Downstate MPOs through
15     the concurrence of at least three-fifths of the
16     chairpersons of the Downstate MPOs.
17         (3) 3 members who are representatives of areas of the
18     State not within a metropolitan planning area, appointed by
19     the Governor.
20         (4) The Secretary of the Department of Transportation
21     or his or her designee, who shall serve as the chairperson
22     of the Committee.
23         (5) 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.

 

 

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1         (6) The chairperson of the Illinois State Toll Highway
2     Authority, or his or her designee, shall be an ex officio
3     non-voting member.
4         (7) The Department's Director of Highways, Director of
5     Planning and Programming, and Director of Public and
6     Intermodal Transportation, or the designee of each, shall
7     be ex officio non-voting members.
8     (b) The terms of the members initially appointed to the
9 Committee shall begin within 60 days after the effective date
10 of this amendatory Act of the 96th General Assembly. Appointed
11 committee members shall hold office for a term specified in
12 this subsection (b) or until successors are appointed. The
13 terms of the initial appointed committee members shall expire
14 as follows: the terms of 3 members appointed by the Chicago
15 Metropolitan Agency for Planning Board, one member appointed by
16 the Downstate MPOs, and 2 members appointed by the Governor for
17 areas of the State not within a metropolitan planning area
18 shall expire on December 31, 2010; the terms of the remaining 3
19 members appointed by the Chicago Metropolitan Agency for
20 Planning Board, 2 members appointed by the Downstate MPOs, and
21 one member appointed by the Governor from areas of the State
22 not within a metropolitan planning area shall expire December
23 31, 2012. The successors of the initial appointed committee
24 members shall hold office for a term of 4 years. To comply with
25 this provision, the appointing authority shall specify the term
26 for each appointment.

 

 

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1     (c) Vacancies shall be filled by the appointing authority
2 for the unexpired portion of the terms in which they occur.
3     (d) Each appointing authority shall give notice of its
4 Committee appointments to each other appointing authority, to
5 the Committee, to the Secretary of State, and to the Secretary
6 of Transportation. Within 30 days after his or her appointment
7 and before entering upon the duties of the office, each
8 Committee member shall take and subscribe to the constitutional
9 oath of office and file that oath with the Secretary of State.
10     (e) Members of the Committee shall serve without
11 compensation, but shall be reimbursed by the Department for
12 their travel to and from meetings and other reasonable expenses
13 in connection with meetings, if those expenses are approved by
14 the Department.
 
15     (20 ILCS 2705/2705-177 new)
16     Sec. 2705-177. Committee meetings; officers.
17     (a) The Secretary of Transportation shall convene the first
18 meeting within 90 days after the effective date of this
19 amendatory Act of the 96th General Assembly. At that time and
20 annually thereafter, the Committee shall elect one of its
21 voting members as vice-chairperson to preside in the absence of
22 the chairperson.
23     (b) Regular meetings of the Committee shall be held at
24 least 3 times each year. The time and place of Committee
25 meetings shall be fixed by resolution of the Committee. The

 

 

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1 Committee shall be deemed a public body for purposes of the
2 Open Meetings Act. The Committee shall maintain records in
3 accordance with the provisions of the State Records Act. A
4 majority of voting members of the Committee shall constitute a
5 quorum. The affirmative vote of a majority of the voting
6 members of the Committee shall be required to approve
7 recommendations related to a State transportation plan or
8 statewide program.
9     (c) The Committee shall adopt its own rules of procedure.
10     (d) The Department shall provide staff assistance and
11 office space for the Committee. The Department shall prepare
12 all plans, reports, and documents needed to enable the
13 Committee to review and make recommendations related to the
14 statewide plans and programs and otherwise to fulfill its
15 responsibilities. The necessary expenses of the Committee
16 shall be provided through the Department.
 
17     (20 ILCS 2705/2705-200)  (was 20 ILCS 2705/49.16)
18     Sec. 2705-200. State transportation plan Master plan;
19 reporting requirements.
20     (a) The Department, with the advice of the Committee, shall
21 has the power to develop and maintain a continuing,
22 comprehensive, and integrated planning process that shall
23 develop and periodically revise a State transportation plan
24 statewide master plan for transportation to guide program
25 development and to foster efficient and economical

 

 

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1 transportation services in ground, air, water, and all other
2 modes of surface transportation throughout the State. The
3 Department shall coordinate its transportation planning
4 activities with those of other State agencies and authorities
5 and shall coordinate supervise and review any transportation
6 planning performed by other Executive agencies under the
7 direction of the Governor. The Department shall cooperate and
8 participate with federal, regional, interstate, State, and
9 local agencies, in accordance with Sections 5-301 and 7-301 of
10 the Illinois Highway Code, and with interested private
11 individuals and organizations in the coordination of plans and
12 policies for development of the state's transportation system.
13     To meet the provisions of this Section, the Department, in
14 consultation with the Committee, shall prepare, subject to the
15 review of the Governor, publish and deliver to the Governor and
16 General Assembly by December 31, 2010 and at intervals not to
17 exceed every 5 years, January 1, 1982 and every 2 years
18 thereafter, its State transportation master plan for surface
19 transportation systems. Not less than 60 days prior to
20 submission to the Governor and General Assembly, the Department
21 shall submit the plan to the Committee. Within 30 days after
22 submission of the plan by the Department, the Committee shall
23 recommend revisions. If the Committee recommends revision of
24 the plan, the Department shall, within 30 days, either revise
25 the plan to address the Committee's recommendations or provide
26 a written explanation to the Committee for not revising the

 

 

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1 plan. The Committee's recommendation and any Department
2 response thereto shall be included with the plan filed with the
3 Governor and General Assembly highway, waterway, aeronautic,
4 mass transportation, and railroad systems. The plan shall
5 identify priority subsystems or components of each system that
6 are critical to the economic and general welfare of this State
7 regardless of public jurisdictional responsibility or private
8 ownership.
9     The State transportation plan shall set forth goals,
10 objectives, performance measures, and criteria that may
11 provide the basis for selecting projects for inclusion in the
12 annual and multiyear transportation improvement programs. It
13 may examine policies, strategies, opportunities, and
14 challenges.
15     The State transportation plan shall set forth goals and
16 objectives designed to assure the development and maintenance
17 of a comprehensive and balanced statewide transportation
18 system. Goals may include, but are not limited to, maintaining
19 a state of good repair, lowering travel times, reducing traffic
20 congestion, decreasing vehicle emissions, improving air
21 quality, protecting the environment, reducing transportation
22 costs, encouraging the effective use of pricing and other
23 demand management strategies, improving safety, encouraging
24 economic growth, supporting the greater use of alternative
25 transportation opportunities, such as walking and biking, and
26 establishing other goals that advance an adequate, efficient,

 

 

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1 and coordinated transportation system.
2     The State transportation plan may establish performance
3 measures addressing the adequacy, efficiency, and coordination
4 of transportation services and the implementation of goals and
5 objectives. It may include transportation policies that
6 reflect the relationship of transportation to land use,
7 economic development, the environment, air quality, and energy
8 consumption; foster the efficient movement of people and goods;
9 coordinate modes of transportation; coordinate planning among
10 federal agencies, State agencies, transportation agencies, and
11 local governments; and address the safety and equity of
12 transportation services. It may include priorities,
13 challenges, and strategies for improvement. The State
14 transportation plan shall incorporate the adopted regional
15 transportation plans, prepared by each MPO pursuant to Section
16 2705-201, based on the state transportation plan's criteria and
17 performance measurements.
18     The State transportation plan shall include criteria by
19 which proposals for capital improvements may be evaluated and
20 prioritized for inclusion in the statewide programs. The
21 criteria shall be designed to advance the goals and objectives
22 established in the State transportation plan. The criteria may
23 include but not be limited to the following categories:
24         (1) objective transportation criteria, such as system
25     maintenance, efficiency, safety, and intermodal
26     connectivity;

 

 

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1         (2) economic development criteria, such as job
2     creation and retention, inclusion of transit oriented
3     development, and cost effectiveness;
4         (3) environmental criteria, such as reduced emissions;
5         (4) population affected by the project; and
6         (5) financial criteria, such as life-cycle cost,
7     return on investment, effect on transportation costs, and
8     effective leveraging of private capital.
9     The State transportation plan shall include a description
10 of the criteria and performance measures developed by the
11 Department to prioritize proposals for inclusion in the
12 statewide program pursuant to subsection (c) of Section
13 2705-220.
14     The master plan shall provide particular emphasis and
15 detail of at least the 5-year period in the immediate future.
16     Annual and 5-year, or longer, project programs for each
17 State system in this Section shall be published and furnished
18 the General Assembly on the first Wednesday in April of each
19 year.
20     Identified needs included in the project programs shall be
21 listed and mapped in a distinctive fashion to clearly identify
22 the priority status of the projects: (1) projects to be
23 committed for execution; (2) tentative projects that are
24 dependent upon funding or other constraints; and (3) needed
25 projects that are not programmed due to lack of funding or
26 other constraints.

 

 

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1     All projects shall be related to the priority systems of
2 the master plan, and the priority criteria identified. Cost and
3 estimated completion dates shall be included for work required
4 to complete a useable segment or component beyond the period of
5 the program.
6     (b) The Department shall publish and deliver to the
7 Governor and General Assembly by December 31, 2012 and at
8 intervals not to exceed every 5 years thereafter a master plan
9 and 5-year program for aeronautics. on the first Wednesday in
10 April of each year a 5-year, or longer, Highway Improvement
11 Program reporting the number of fiscal years each project has
12 been on previous plans submitted by the Department.
13     (c) (Blank) The Department shall publish and deliver to the
14 Governor and the General Assembly by November 1 of each year a
15 For the Record report that shall include the following:
16         (1) All the projects accomplished in the previous
17     fiscal year listed by each Illinois Department of
18     Transportation District.
19         (2) The award cost and the beginning dates of each
20     listed project.
21 (Source: P.A. 94-91, eff. 7-1-05.)
 
22     (20 ILCS 2705/2705-201 new)
23     Sec. 2705-201. Regional transportation plans. Each MPO
24 shall develop a regional transportation plan that includes:
25         (1) Criteria by which proposals for capital

 

 

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1     improvements will be evaluated for inclusion in the
2     regional programs. Each MPO may adopt the criteria listed
3     in the State transportation plan or may propose alternative
4     criteria. Alternative criteria shall be submitted to the
5     Department and Committee for review and comment. The
6     criteria shall be designed to advance the goals and
7     objectives established by the Department's State
8     transportation plan and the MPO through its regional
9     transportation planning process.
10         (2) A description of the measurement system and process
11     the MPO will use to prioritize proposals for inclusion in
12     the regional programs.
13     The regional transportation plan shall meet all federal
14 requirements, regulations, and laws pursuant to federally
15 required metropolitan transportation plans. The regional
16 transportation plan shall be submitted to the Department upon
17 completion for incorporation, as much as practicable, in the
18 State transportation plan.
 
19     (20 ILCS 2705/2705-219 new)
20     Sec. 2705-219. Program outreach; funding estimates,
21 allocation, and recommendations.
22     (a) Program outreach. No later than September 30 of each
23 year, the Department, through each of its District offices,
24 shall hold a program development meeting open to the public
25 with all key regional and local agencies and officials to

 

 

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1 review current annual and multi-year Programs, to present
2 projected information on district road and bridge condition,
3 and to solicit input on key highway system improvement and
4 priorities. At least 5 days before holding a program
5 development meeting, notice of the meeting shall be posted on
6 the Department's website and separately delivered to, at a
7 minimum, all MPOs, mass transit districts, County Highway
8 Engineers, and all municipalities outside MPO regions with
9 populations greater than 10,000 inhabitants in the District
10 jurisdiction. A record of the proceedings must be taken and
11 produced for public review. No later than November 30 of each
12 year, each district shall deliver to the committee a summary
13 analysis of the program development outreach meeting and attach
14 all written proposals, recommendations, and comments by
15 counties, municipalities, mass transit districts, other local
16 governments, MPOs, and members of the General Assembly. This
17 summary shall be included in the written record for public
18 involvement documentation as required by Federal and State law.
19     (b) Annual funding estimates. The Department, with the
20 advice of the Committee, shall annually establish a 5-year
21 estimate of all federal and State funds reasonably expected to
22 be available for surface transportation capital programs
23 during each of the following 5 fiscal years.
24     (c) System needs estimates. No later than March 1 of each
25 year, the Department shall provide the Committee with the most
26 current assessments of State highway road and bridge needs for

 

 

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1 the State as a whole and for each Department district.
2     (d) Funding allocation. The Department may allocate the
3 State and federal funds estimated to be available for surface
4 transportation capital programs in accordance with the annual
5 and multiyear improvement programs prescribed by this Law, as
6 follows:
7         (1) Any State and federal funds designated by law for
8     specific surface transportation purposes or specific
9     geographic areas shall be allocated, in accordance with
10     law, for those specific purposes or areas.
11         (2) The Department, with the advice of the Committee,
12     may for each 5-year program set percentage allocations for
13     each of the criteria in the State transportation plan.
14     Funding allocations may be based upon their percentage
15     share of need as defined by the criteria.
16     (e) Not less often than once every 2 years, the Committee
17 shall review and evaluate the funding allocations and make
18 recommendations for changes to the Department, General
19 Assembly, and the Governor.
20     (f) The Committee shall evaluate available transportation
21 funding sources and make recommendations to the Department,
22 General Assembly, and the Governor regarding the raising of
23 adequate and sustainable revenues for transportation.
 
24     (20 ILCS 2705/2705-220 new)
25     Sec. 2705-220. Annual and multiyear transportation

 

 

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1 improvement programs.
2     (a) Preparation guidelines. The Department, with the
3 advice of the Committee, shall develop guidelines for
4 preparation of the regional and statewide programs.
5     (b) Statewide annual and multiyear transportation
6 improvement programs. The Department shall publish and submit
7 to the Governor, the General Assembly, and the Committee, no
8 later than April 7, 2011 and the first Wednesday of April of
9 every year thereafter, an annual and 5-year schedule of all
10 surface transportation improvement projects and their
11 anticipated costs. These schedules are designated the
12 statewide annual and multiyear transportation improvement
13 programs. The Department shall be responsible for the planning
14 and programming of its funds for all areas of the State.
15         (1) The statewide programs shall include projects and
16     programs proposed to be funded, in whole or in part, by
17     State or federal funds and shall consist of the following:
18             (A) The Department shall choose projects for
19         inclusion. The Department, counties, municipalities,
20         mass transit districts, other local governments, MPOs,
21         and members of the General Assembly may nominate or
22         recommend projects for the statewide programs.
23             (B) The Department shall identify projects of
24         interregional or statewide significance for inclusion.
25         The Department, counties, municipalities, mass transit
26         districts, other local governments, MPOs, and members

 

 

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1         of the General Assembly may nominate or recommend
2         projects of interregional or statewide significance
3         for the statewide programs.
4         (2) All projects shall be consistent with the adopted
5     State transportation plan. The Department shall
6     demonstrate how such projects advance the goals and
7     objectives of the adopted State transportation plan.
8         (3) No later than 30 days after publication of the
9     surface transportation improvement program, the Committee
10     shall, by resolution, either (i) determine that the
11     statewide programs are consistent with the adopted State
12     transportation plan or (ii) determine that all or any
13     portions of the statewide programs are not consistent with
14     the adopted State transportation plan, including within
15     the resolution an explanation for any such determination.
16     Individual Committee members may prepare a written
17     statement indicating their disagreement with the
18     resolution adopted by the Committee. The Committee's
19     resolution and any written statements prepared by
20     individual members shall be published and delivered to the
21     General Assembly and the Governor with the statewide
22     programs.
23         (4) Within 30 days after the adoption of the
24     Committee's resolution pursuant to paragraph (3) of
25     subsection (b) of this Section, an MPO may amend its
26     regional program included within the statewide programs

 

 

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1     for the sole purpose of addressing a Committee
2     determination that the program is not consistent with the
3     adopted State transportation plan. Within 30 days after the
4     adoption of the Committee's resolution pursuant to
5     paragraph (3), the Department may amend any portion of a
6     statewide program prepared by the Department for the sole
7     purpose of addressing a Committee determination that such
8     portion of a program is not consistent with the adopted
9     State transportation plan. Any amendments shall be
10     published and delivered to the Committee, General
11     Assembly, and Governor.
12     (c) Regional annual and multiyear transportation
13 improvement programs. After consultation with the Department,
14 each MPO shall prepare and adopt an annual and 5-year schedule
15 of all regional transportation improvement projects and their
16 anticipated costs. These schedules shall be known as the
17 regional annual and multiyear transportation improvement
18 programs. The regional programs shall be submitted to the
19 Department and the Committee no later than August 31, 2011 and
20 August 31 of every year thereafter.
21         (1) The regional programs shall include projects and
22     programs within the MPO's jurisdiction proposed to be
23     funded, in whole or in part, by federal funds.
24         (2) Counties, municipalities, mass transit districts,
25     other local governments, the Department, and members of the
26     General Assembly may nominate or recommend the inclusion of

 

 

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1     projects in the regional programs. The MPOs shall have
2     authority for determining whether any of the project
3     nominations or recommendations for federal funding are
4     accepted and included in the regional programs. This
5     authority extends only to a project located within the
6     MPO's jurisdiction.
7         (3) Projects included in the regional programs shall be
8     consistent with the regional transportation plan adopted
9     by the MPO. The regional programs shall demonstrate how
10     projects are consistent with the State transportation
11     plans.
12         (4) Projects shall be prioritized for inclusion in the
13     programs using a measurement system and the criteria
14     established by the regional transportation plan.
15         (5) The Department shall provide assistance to MPOs in
16     preparing the regional programs, at the request of the MPO.
17     (d) Fiscal year 2011 statewide program. After consultation
18 with the MPOs, the Department shall prepare, by no later than
19 April 7, 2010, and the first Wednesday in each April
20 thereafter, an annual program of surface transportation
21 capital projects and their anticipated costs proposed for
22 funding in whole or in part from appropriations made by the
23 State for fiscal year 2011 and each year thereafter. The fiscal
24 year 2011 statewide program required by this subsection shall,
25 so much as is practicable, comply with the objectives of this
26 Law. The Committee shall review and provide comments on the

 

 

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1 fiscal year 2011 statewide program by no later than 30 days
2 after the annual program publication.
 
3     (20 ILCS 2705/2705-221 new)
4     Sec. 2705-221. Inclusion in transportation improvement
5 program. The transportation improvement program the Department
6 must develop pursuant to 23 U.S.C. 135 may only include
7 projects that have been prioritized for inclusion in a regional
8 or statewide program by an MPO or the Department pursuant to
9 this Law. It is not the intent of this Section to interfere
10 with administrative changes to the Transportation Improvement
11 Program, but only to ensure that all included projects undergo
12 the process prescribed by this Law.
 
13     (20 ILCS 2705/2705-222 new)
14     Sec. 2705-222. Public involvement and accountability.
15     (a) The Department and the Committee shall provide timely
16 and clear information and accountability to the public and
17 shall engage the public when making State transportation
18 decisions and recommendations. The Department shall elicit the
19 public's views both with respect to adequate transportation
20 services and appropriate means of minimizing the adverse
21 social, economic, environmental, and energy impacts of
22 transportation programs. All documents listed in this Law shall
23 be made publicly available for distribution in print and on the
24 Department's website.

 

 

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1     (b) The Department and the Committee shall provide the
2 opportunity for public comment throughout the State prior to
3 the development and completion of the statewide transportation
4 plan and the statewide multi-year program. Public comment may
5 be solicited through various methods, including, but not
6 limited to, hearings, focus groups, surveys, and feedback on
7 draft plans.
8     (c) The Department, in consultation with the Committee,
9 shall publish in its publication "For the Record" and deliver
10 to the Governor and the General Assembly by November 1 of each
11 year a report on all modes of transportation that shall include
12 the following:
13         (1) All the projects accomplished in the previous
14     fiscal year listed by each Illinois Department of
15     Transportation District.
16         (2) The award cost and the beginning dates of each
17     listed project.
18         (3) A summary of the Department's prior-year decisions
19     in allocating transportation capital outlay appropriations
20     and identifying timely and relevant transportation issues
21     facing the State of Illinois.
22         (4) Statewide and for each district, a description of
23     any project receiving an appropriation from the General
24     Assembly that was not included in the statewide program.
25         (5) An explanation and summary of major policies and
26     decisions adopted by the Department and the recommendation

 

 

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1     of the Committee during the previously completed State and
2     federal fiscal year, with an explanation of any changes in
3     policy associated with the performance of the Department's
4     duties and responsibilities over the past year.
5         (6) A review of the progress made in achieving the
6     State transportation goals.
7         (7) Statewide and for each district, the total of
8     program accomplishments in dollars, number of miles,
9     number of bridges, and number of transit projects.
10         (8) Statewide and for each district, the current
11     condition of roadway miles and bridges for roads and
12     bridges under State jurisdiction.
13     (d) All MPOs shall publish and deliver to the Department by
14 October 1 of each year a "For the Record" report that shall
15 include the following:
16         (1) A list of all projects accomplished in the previous
17     fiscal year, their award costs, and their beginning dates.
18         (2) An explanation and summary of changes in major
19     policies, goals, objectives, performance measures and
20     criteria that were adopted by the MPO during the previous
21     fiscal year.
22         (3) A review of the progress made in achieving the
23     goals and objectives of the State transportation plan and
24     the MPO regional transportation plan.
 
25     (20 ILCS 2705/2705-223 new)

 

 

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1     Sec. 2705-223. Evaluation.
2     (a) The Committee shall evaluate the effectiveness of the
3 processes and procedures established by this Law to ensure that
4 they contribute to a well-coordinated and cost-effective
5 transportation system. The Committee shall recommend changes
6 as needed to the General Assembly and the Governor.
7     (b) Every 2 years, the Auditor General shall review the
8 performance of the Department to assure the Department is
9 meeting the requirements of this Law.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".