Illinois General Assembly - Full Text of SB1900
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Full Text of SB1900  102nd General Assembly

SB1900 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1900

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5

    Creates the Public-Private Partnerships Act. Creates provisions addressing agreements between public and private entities; transparency between parties; oversight of projects; compliance with state and federal law; and fairness for local jurisdictions when negotiating public-private agreements. Adds provisions containing rules for the formation of an public-private partnership agreement; the establishment of the Infrastructure Investment Commission; the process for procuring contracts; the terms of a public-private partnership agreement; the creation of development and operation standards for projects; the taxation of contractors; financial arrangements; the insurance of debt by a responsible public entity; the acquisition of property; law enforcement; confidentiality of proposals; the maximum term of a public-private agreement; reversion of property to the State; powers of a responsible public entity with respect to qualifying projects; and prohibited local action. Makes a corresponding change in the Freedom of Information Act.


LRB102 14405 RAM 19757 b

 

 

A BILL FOR

 

SB1900LRB102 14405 RAM 19757 b

1    AN ACT concerning public-private partnerships.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. General Provisions

 
5    Section 1-1. Short title. This Act may be cited as the
6Public-Private Partnerships Act.
 
7    Section 1-5. Public policy and legislative intent.
8    (a) It is the public policy and the public purpose of the
9State of Illinois to promote the development, financing, and
10operation of facilities that serve the needs of the public.
11    (b) Existing methods of procurement and financing of
12facilities by responsible public entities impose limitations
13on the methods by which facilities may be developed and
14operated within the State.
15    (c) Authorizing private entities to do all or part of the
16development, planning, design, construction, maintenance,
17repair, rehabilitation, expansion, financing, and operation of
18one or more facilities may result in the availability of the
19facilities to the public in a more timely, more efficient, or
20less costly fashion, thereby serving the public safety and
21welfare.
22    (d) Public-private agreements entered into by private

 

 

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1entities and responsible public entities under this Act shall
2allow for:
3        (1) transparency, oversight, and public information
4    sharing;
5        (2) compliance with all State of Illinois and federal
6    environmental laws; and
7        (3) fairness for local jurisdictions when negotiating
8    the public-private agreements.
9    (e) It is the intent of this Act to use Illinois design
10professionals, construction companies, and workers to the
11greatest extent possible by offering them the right to compete
12for this work.
13    (f) It is the intent of this Act to use minority and women
14business enterprises and economically disadvantaged firms to
15the greatest extent possible.
16    (g) It is the intent of this Act to create jobs and provide
17training for those jobs for minorities, women, and veterans to
18the greatest extent possible.
 
19    Section 1-10. Actions serving a public purpose. An action
20serves the public purpose of this Act if the action
21facilitates the timely development, planning, design,
22construction, maintenance, repair, rehabilitation, expansion,
23financing, or operation of a qualifying project.
 
24    Section 1-15. Intent of Act. It is the intent of this Act

 

 

SB1900- 3 -LRB102 14405 RAM 19757 b

1to:
2    (a) encourage investment in the State of Illinois by
3private entities that facilitates the development, planning,
4design, construction, maintenance, repair, rehabilitation,
5expansion, financing, and operation of facilities; and
6    (b) grant public and private entities the greatest
7possible flexibility in contracting with each other for the
8provision of the public services that are the subject of this
9Act.
 
10    Section 1-20. Construction with other laws. The powers
11conferred by this Act shall be liberally construed in order to
12accomplish their purposes and are in addition and supplemental
13to the powers conferred by any other law. If any other law or
14rule is inconsistent with this Act, this Act is controlling as
15to any public-private agreement entered into under this Act.
 
16    Section 1-25. Authority for agreements.
17This Act contains full and complete authority for agreements
18and leases with private entities to carry out the activities
19described in this Act. Except as provided in this Act, no
20procedure, proceeding, publication, notice, consent, approval,
21order, or act by a responsible public entity or any other State
22or local government or official is required to enter into an
23agreement or lease, and no law to the contrary affects,
24limits, or diminishes the authority for agreements and leases

 

 

SB1900- 4 -LRB102 14405 RAM 19757 b

1with private entities.
 
2    Section 1-30. Carrying out laws outside of Act. To the
3extent that this Act permits or requires a responsible public
4entity or a private entity to carry out or comply with any law
5other than this Act under a public-private agreement, the
6action shall be carried out in conformity with this Act.
 
7    Section 1-35. Definitions. As used in this Act:
8    "Affected jurisdiction" means the following:
9        (1) Any county, municipality, township, special
10    district, or unit designated as a unit of local government
11    by law in which all or a part of a qualifying project is
12    located.
13        (2) Any other public entity directly affected by the
14    qualifying project.
15    "Authority" means the Illinois State Toll Highway
16Authority.
17    "Contractor" means a private entity that has entered into
18a public-private agreement with the responsible public entity
19to provide services to or on behalf of the responsible public
20entity.
21    "Department" means the Illinois Department of
22Transportation.
23    "Design-build agreement" means the agreement between the
24selected private entity and the responsible public entity

 

 

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1under which the selected private entity agrees to furnish
2design, construction, and related services for a facility
3under this Act.
4    "Develop" or "development" means to do one or more of the
5following: plan, design, develop, lease, acquire, install,
6construct, reconstruct, rehabilitate, extend, or expand.
7    "Facility" means:
8        (1) A facility or project that serves a public
9    purpose, including, but not limited to, any new or
10    existing road, highway, toll highway, bridge, tunnel,
11    intermodal facility, intercity or high-speed passenger
12    rail, rail project or facility, ferry or mass transit
13    facility, vehicle parking facility, airport or seaport
14    facility, or other transportation facility or
15    infrastructure, any, administrative facility,
16    broadband-related project or facility, correctional
17    institution or facility, energy-related project or
18    facility, fuel supply facility, oil or gas pipeline,
19    medical or nursing care facility, recreational facility,
20    sporting or cultural facility, or educational facility or
21    other building or facility that is used or will be used by
22    a public educational institution, or any other public
23    facility or infrastructure that is used or will be used by
24    the public at large or in support of an accepted public
25    purpose or activity;
26        (2) An improvement, including equipment, of a building

 

 

SB1900- 6 -LRB102 14405 RAM 19757 b

1    that will be principally used by a public entity or the
2    public at large or that supports a service delivery system
3    in the public sector;
4        (3) A sanitation, water, potable water, underground
5    water, wastewater, or surface water facility or other
6    related infrastructure; or
7        (4) For projects that involve a facility owned or
8    operated by the governing board of a county, municipality,
9    township, special district, or municipal hospital or
10    health care system, or projects that involve a facility
11    owned or operated by a municipal utility, notwithstanding
12    any provision of this Act, only those projects that the
13    governing board designates as qualifying projects pursuant
14    to this Act.
15    "Maintain" or "maintenance" includes ordinary maintenance,
16repair, rehabilitation, capital maintenance, maintenance
17replacement, and any other categories of maintenance that may
18be designated by the responsible public entity.
19    "Operate" or "operation" means to do one or more of the
20following: maintain, improve, equip, modify, or otherwise
21operate.
22    "Private entity" means any combination of one or more
23individuals, sole proprietorships, corporations, general
24partnerships, limited liability companies, limited
25partnerships, joint ventures, business trusts, nonprofit
26entities, or other business entities that are parties to a

 

 

SB1900- 7 -LRB102 14405 RAM 19757 b

1proposal for a qualifying project or an agreement related to a
2qualifying project. A public agency may provide services to a
3contractor as a subcontractor or subconsultant without
4affecting the private status of the private entity and the
5ability to enter into a public-private agreement.
6    "Project" means any or the combination of the development,
7financing, or operation with respect to all or a portion of any
8facility under the jurisdiction of a responsible public entity
9undertaken pursuant to this Act.
10    "Proposal" means all materials and documents prepared by
11or on behalf of a private entity relating to the proposed
12development, financing, or operation of a facility as a
13qualifying project.
14    "Proposer" means a private entity that has submitted an
15unsolicited proposal for a public-private agreement to a
16responsible public entity under this Act or submitted a
17proposal or statement of qualifications for a public-private
18agreement in response to a request for proposals or a request
19for qualifications issued by a responsible public entity under
20this Act.
21    "Public-private agreement" means the public-private
22agreement between the contractor and the responsible public
23entity relating to one or more of the development, financing,
24or operation of a qualifying project that is entered into
25under this Act.
26    "Qualifying project" means one or more projects developed,

 

 

SB1900- 8 -LRB102 14405 RAM 19757 b

1financed, or operated by a contractor under this Act.
2    "Request for information" means all materials and
3documents prepared by or on behalf of a responsible public
4entity to solicit information from private entities with
5respect to qualifying projects.
6    "Request for proposals" means all materials and documents
7prepared by or on behalf of a responsible public entity to
8solicit proposals from private entities to enter into a
9public-private agreement.
10    "Request for qualifications" means all materials and
11documents prepared by or on behalf of a responsible public
12entity to solicit statements of qualification from private
13entities to enter into a public-private agreement.
14    "Responsible public entity" means a county, municipality,
15school district, special district, or any other political
16subdivision of the State or unit of local government; a public
17body corporate and politic; or a regional entity that serves a
18public purpose and is authorized to develop or operate a
19qualifying project.
20    "Revenues" means all revenues, including any combination
21of: income; earnings and interest; user fees; lease payments;
22allocations; federal, State, and local appropriations, grants,
23loans, lines of credit, and credit guarantees; bond proceeds;
24equity investments; service payments; or other receipts,
25arising out of or in connection with a qualifying project,
26including the development, financing, and operation of a

 

 

SB1900- 9 -LRB102 14405 RAM 19757 b

1qualifying project. The term includes money received as
2grants, loans, lines of credit, credit guarantees, or
3otherwise in aid of a qualifying project from the federal
4government, the State, a unit of local government, or any
5agency or instrumentality of the federal government, the
6State, or a unit of local government.
7    "Shortlist" means the process by which a responsible
8public entity will review, evaluate, and rank statements of
9qualifications submitted in response to a request for
10qualifications and then identify the proposers who are
11eligible to submit a detailed proposal in response to a
12request for proposals. The identified proposers constitute the
13shortlist for the qualifying project to which the request for
14proposals relates.
15    "Unit of local government" has the meaning ascribed to
16that term in Article VII, Section 1 of the Constitution of the
17State of Illinois and also means any unit designated as a
18municipal corporation.
19    "User fees" or "tolls" means the rates, tolls, fees, or
20other charges imposed by the contractor for use of all or a
21portion of a qualifying project under a public-private
22agreement.
 
23
Article 2. Formation of an Agreement

 
24    Section 2-1. Exercise of powers.

 

 

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1    (a) A responsible public entity may exercise the powers
2granted by this Act to do some or all of the work to develop,
3finance, and operate any part of one or more qualifying
4projects through public-private agreements with one or more
5private entities.
6    (b) The Authority may enter into a public-private
7partnership to develop, finance, and operate nonhighway
8transportation projects on the toll highway system such as
9commuter rail or high-speed rail lines, and intelligent
10transportation infrastructure that will enhance the safety,
11efficiency, and environmental quality of the State highway
12system. The Authority may operate or provide operational
13services such as toll collection on highways that are
14developed or financed, or both, through a public-private
15agreement entered into by another public entity, under an
16agreement with the public entity or contractor responsible for
17the transportation project.
 
18    Section 2-5. Powers of contractor; user fees. A contractor
19has:
20    (a) all powers allowed by law generally to a private
21entity having the same form of organization as the contractor;
22and
23    (b) the power to develop, finance, and operate the
24facility and to impose and collect user fees in connection
25with the use of the facility, subject to the terms of the

 

 

SB1900- 11 -LRB102 14405 RAM 19757 b

1public-private agreement.
2    No tolls or user fees may be imposed by the contractor
3except as set forth in a public-private agreement.
 
4    Section 2-10. Powers of contractor; property interests.
5The contractor may own, lease, or acquire any property
6interest or other right to develop, finance, or operate the
7qualifying project.
 
8    Section 2-15. Powers of contractor; user classifications
9and enforcement of rules. In operating the qualifying project,
10the contractor may do the following:
11    (a) Make user classifications as permitted in the
12public-private agreement.
13    (b) As permitted in the public-private agreement or
14otherwise with the consent of the responsible public entity,
15make and enforce reasonable rules to the same extent that the
16responsible public entity may make and enforce rules with
17respect to a similar project.
 
18
Article 3. Infrastructure Investment Commission

 
19    Section 3-1. Establishment.
20    (a) There is established an Infrastructure Investment
21Commission reporting to the Governor and independent of other
22agencies and departments of the State. The Commission shall be

 

 

SB1900- 12 -LRB102 14405 RAM 19757 b

1headed by an Executive Director, appointed by a majority vote
2of the Commission, who shall have demonstrated knowledge,
3training, or experience in one or more of the following areas:
4        (1) infrastructure development or operation;
5        (2) capital markets and finance, including municipal
6    finance;
7        (3) public-sector planning; or
8        (4) procurement.
9    (b) The Executive Director shall hold office for 4 years
10from the date of appointment, and until a successor shall be
11duly appointed and qualified, but shall be subject to removal
12by the Commission for incompetency, neglect of duty or
13malfeasance.
14    (c) The Executive Director shall receive a salary of
15$15,000 per annum, or as set by the Compensation Review Board,
16whichever is greater, payable in monthly installments,
17together with reimbursement for necessary expenses incurred in
18the performance of the duties of the Executive Director. The
19Executive Director shall be eligible for reappointment.
20    (d) The Commission established pursuant to this Section
213-1 shall be composed of 7 members, appointed as follows:
22        (1) Seven members appointed by the Governor with the
23    advice and consent of the Senate having expertise,
24    knowledge, or experience in infrastructure development or
25    operation, capital markets and finance, public-sector
26    planning, or procurement.

 

 

SB1900- 13 -LRB102 14405 RAM 19757 b

1        (2) Not more than 4 members of the Commission shall be
2    members of the same political party. Members of the
3    Commission shall represent geographically diverse regions
4    of the State.
5        (3) Vacancies shall be filled for the unexpired term
6    in the same manner as original appointments. All
7    appointments shall be in writing and filed with the
8    Secretary of State as a public record.
9    (e) Of the members appointed by the Governor, one such
10member shall be appointed by the Governor as chairperson and
11shall hold office for 4 years from the date of appointment, and
12until a successor shall be duly appointed and qualified, but
13shall be subject to removal by the Governor for incompetency,
14neglect of duty or malfeasance.
15    (f) The chairperson shall preside at all meetings of the
16Commission; shall exercise general supervision over all
17powers, duties, obligations and functions of the Commission;
18and shall approve or disapprove all resolutions, bylaws,
19rules, rates, and regulations made and established by the
20Commission, and if the chairperson approves, the chairperson
21shall sign the same, and such as the chairperson shall not
22approve, the chairperson shall return to the Commission with
23objections thereto in writing at the next regular meeting of
24the Commission occurring after the passage thereof. Such veto
25may extend to any one or more items contained in such
26resolution, bylaw, rule, rate, or regulation, or to its

 

 

SB1900- 14 -LRB102 14405 RAM 19757 b

1entirety; and in case the veto extends to a part of such
2resolution, bylaw, rule, rate, or regulation, the residue
3thereof shall take effect and be in force, but in case the
4chairperson shall fail to return any resolution, bylaw, rule,
5rate, or regulation with objections thereto by the time
6aforesaid, the chairperson shall be deemed to have approved
7the same, and the same shall take effect accordingly. Upon the
8return of any resolution, bylaw, rule, rate, or regulation by
9the chairperson, the vote by which the same was passed shall be
10reconsidered by the Commission, and if upon such
11reconsideration two-thirds of all the members agree by yeas
12and nays to pass the same, it shall go into effect
13notwithstanding the chairperson's refusal to approve thereof.
14The process of approving or disapproving all resolutions,
15bylaws, rules, rates, and regulations, as well as the ability
16of the members to override the disapproval of the chairperson,
17under this Section shall be set forth in the Commission's
18bylaws. Nothing in the Commission's bylaws, rules, or
19regulations may be contrary to this Section.
20    (g) Of the original members, other than the chairperson,
21so appointed by the Governor, 3 shall hold office for 2 years
22and 3 shall hold office for 4 years, from the date of their
23appointment and until their respective successors shall be
24duly appointed and qualified, but shall be subject to removal
25by the Governor for incompetency, neglect of duty, or
26malfeasance. In case of vacancies in such offices during the

 

 

SB1900- 15 -LRB102 14405 RAM 19757 b

1recess of the Senate, the Governor shall make a temporary
2appointment until the next meeting of the Senate when the
3Governor shall nominate some person to fill such office and
4any person so nominated, who is confirmed by the Senate, shall
5hold office during the remainder of the term and until a
6successor shall be appointed and qualified. The respective
7term of the first members appointed shall be designated by the
8Governor at the time of appointment, but their successors
9shall each be appointed for a term of 4 years, except that any
10person appointed to fill a vacancy shall serve only for the
11unexpired term. Members shall be eligible for reappointment.
12Members shall serve until their respective successors are duly
13appointed and qualified.
14    (h) Each such member, other than ex officio members shall
15receive an annual salary of $10,000, or as set by the
16Compensation Review Board, whichever is greater, payable in
17monthly installments, and shall be reimbursed for necessary
18expenses incurred in the performance of duties under this Act.
 
19    Section 3-5. Duties of the Commission. The Commission
20shall:
21        (a) Assist responsible public entities with
22    identifying projects, including opportunities for project
23    aggregation, for which a public-private partnership may be
24    appropriate;
25        (b) Provide technical assistance and expertise to

 

 

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1    responsible public entities on using public-private
2    partnerships to develop or operate qualifying projects,
3    including analyzing their benefits and costs and the
4    innovative financing options available to support them;
5        (c) Supply template contracts;
6        (d) Track proposed, ongoing, and completed
7    private-public partnerships;
8        (e) Identify methods of encouraging competition for
9    the development or operation of qualifying projects;
10        (f) Serve as a liaison to State or federal government
11    officials charged with promoting public-private
12    infrastructure partnerships, other State executive
13    directors of infrastructure investment commissions and
14    regional or metropolitan public-private partnership
15    offices;
16        (g) Conduct public and stakeholder engagement and
17    outreach, including efforts to encourage transparency and
18    information sharing regarding public-private
19    partnerships;
20        (h) Promote best practices, including standardized
21    methodologies and processes; and
22        (i) Attract private investment in infrastructure to
23    the State.
 
24    Section 3-10. Duties of the Executive Director of the
25Commission.

 

 

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1    (a) The Executive Director shall provide to the standing
2committees of the responsible public entity having
3jurisdiction over transportation or infrastructure and post
4online a report annually within 6 weeks of the end of each
5fiscal year that:
6        (1) Lists those public-private partnerships that:
7            (i) are expected to be soliciting bids within the
8        next fiscal year;
9            (ii) are in progress;
10            (iii) were completed during the prior fiscal year;
11        or
12            (iv) were removed from consideration during the
13        prior fiscal year; and
14        (2) Summarizes actions taken by the Commission to
15    fulfill its duties pursuant to Section 3-5 of this
16    Article.
17    (b) The Executive Director shall be responsible to the
18Commission for the proper administration of the affairs of the
19Commission and policies adopted by the chairperson and members
20of the Commission.
21    (c) All employees, as are necessary to the proper
22functioning of the Commission, shall be appointed by the
23Executive Director with the consent of the Commission.
 
24    Section 3-15. State permitting. The Commission shall
25coordinate with responsible public entities on State

 

 

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1environmental reviews and permitting for all qualifying
2projects subject to this Act. As soon as practicable, and not
3later than the commencement of a public-private agreement, the
4responsible public entity shall identify all necessary State
5permits, and in consultation with the Commission and relevant
6State offices and departments, shall create a timeline for
7review and issuance of such permits. The Commission shall
8maintain on its website a listing of projects under this
9Section for which State permits are delayed more than 90 days
10past the deadline specified in the timeline and post an
11official explanation for the delay that shall come from the
12office in charge of approving the permit, or link to public
13websites containing such information.
 
14
Article 4. Procurement Process

 
15    Section 4-1. Procurement procedures. A responsible public
16entity may receive unsolicited proposals or may solicit
17proposals for a qualifying project and may thereafter enter
18into a public-private agreement with a private entity, or a
19consortium of private entities, for the building, upgrading,
20operating, ownership, or financing of facilities.
21    (a)(1) The responsible public entity may establish a
22reasonable application fee for the submission of an
23unsolicited proposal under this Section.
24    (2) A private entity that submits an unsolicited proposal

 

 

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1to a responsible public entity must concurrently pay an
2initial application fee, as determined by the responsible
3public entity.
4    (3) If the responsible public entity chooses to evaluate
5an unsolicited proposal involving architecture, engineering,
6or landscape architecture, it must ensure a professional
7review and evaluation of the design and construction proposed
8by the initial or subsequent proposers to ensure material
9quality standards, interior space use, budget estimates,
10design and construction schedules, and sustainable design and
11construction standards consistent with public projects. Such
12review shall be performed by an architect, a landscape
13architect, or an engineer licensed in this State qualified to
14perform the review, and such professional shall advise the
15responsible public entity through completion of the design and
16construction of the project.
17    (b) The responsible public entity may request a proposal
18from private entities for a qualifying project or, if the
19responsible public entity receives an unsolicited proposal for
20a qualifying project and the responsible public entity intends
21to enter into a public-private agreement for the project
22described in the unsolicited proposal, the responsible public
23entity shall publish notice in the State of Illinois
24Procurement Bulletin and a newspaper of general circulation
25within the responsible public entity at least once a week for 2
26weeks stating that the responsible public entity has received

 

 

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1a proposal and will accept other proposals for the same
2project. The timeframe within which the responsible public
3entity may accept other proposals shall be determined by the
4responsible public entity on a project-by-project basis based
5upon the complexity of the qualifying project and the public
6benefit to be gained by allowing a longer or shorter period of
7time within which other proposals may be received; however,
8the timeframe for allowing other proposals must be at least 21
9days, but no more than 120 days, after the initial date of
10publication. If approved by a majority vote of the responsible
11public entity's governing body, the responsible public entity
12may alter the timeframe for accepting proposals to more
13adequately suit the needs of the qualifying project; however,
14in no event shall such timeframe exceed 180 days. A copy of the
15notice must be mailed to each local government in the affected
16jurisdiction.
17    (c) If the solicited qualifying project provided in
18subsection (b) includes design work, the solicitation must
19include a design criteria package prepared by an architect, a
20landscape architect, or an engineer licensed in this State
21that is sufficient to allow private entities to prepare a bid
22or a response. The design criteria package must specify
23reasonably specific criteria for the qualifying project such
24as the legal description of the site, with survey information;
25interior space requirements; material quality standards;
26schematic layouts and conceptual design criteria for the

 

 

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1qualifying project; cost or budget estimates; design and
2construction schedules; and site development and utility
3requirements. The licensed design professional who prepares
4the design criteria package shall be retained to serve the
5responsible public entity through completion of the design and
6construction of the project.
7    (d) Before approving a public-private agreement, the
8responsible public entity must determine that the proposed
9project:
10        (1) Is in the public's best interest.
11        (2) Is for a facility that is owned by the responsible
12    public entity or for a facility for which ownership will
13    be conveyed to the responsible public entity.
14        (3) Has adequate safeguards in place to ensure that
15    additional costs or service disruptions are not imposed on
16    the public in the event of material default or
17    cancellation of the public-private agreement by the
18    responsible public entity.
19        (4) Has adequate safeguards in place to ensure that
20    the responsible public entity or private entity has the
21    opportunity to add capacity to the proposed project or
22    other facilities serving similar predominantly public
23    purposes.
24        (5) Will be owned by the responsible public entity
25    upon completion, expiration, or termination of the
26    public-private agreement and upon payment of the amounts

 

 

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1    financed.
2    (e) Before signing a public-private agreement, the
3responsible public entity must consider a reasonable finance
4plan that is consistent with Article 8; the qualifying project
5cost; revenues by source; available financing; major
6assumptions; internal rate of return on private investments,
7if governmental funds are assumed in order to deliver a
8cost-feasible project; and a total cash-flow analysis
9beginning with the implementation of the project and extending
10for the term of the public-private agreement.
11    (f) In considering an unsolicited proposal, the
12responsible public entity may require from the private entity
13a technical study prepared by a nationally recognized expert
14with experience in preparing analysis for bond rating
15agencies. In evaluating the technical study, the responsible
16public entity may rely upon internal staff reports prepared by
17personnel familiar with the operation of similar facilities or
18the advice of external advisors or consultants who have
19relevant experience.
 
20    Section 4-5. Project approval requirements. An unsolicited
21proposal from a private entity for approval of a qualifying
22project must be accompanied by the following material and
23information, unless waived by the responsible public entity:
24        (1) A description of the qualifying project, including
25    the conceptual design of the facilities or a conceptual

 

 

SB1900- 23 -LRB102 14405 RAM 19757 b

1    plan for the provision of services, and a schedule for the
2    initiation and completion of the qualifying project.
3        (2) A description of the method by which the private
4    entity proposes to secure the necessary property interests
5    that are required for the qualifying project.
6        (3) A description of the private entity's general
7    plans for financing the qualifying project, including the
8    sources of the private entity's funds and the identity of
9    any dedicated revenue source or proposed debt or equity
10    investment on behalf of the private entity.
11        (4) The name and address of a person who may be
12    contacted for additional information concerning the
13    proposal.
14        (5) The proposed user fees, lease payments, or other
15    service payments over the term of a public-private
16    agreement, and the methodology for and circumstances that
17    would allow changes to the user fees, lease payments, and
18    other service payments over time.
19        (6) Additional material or information that the
20    responsible public entity reasonably requests, including,
21    without limitation, information that the responsible
22    public entity requires in response to a request for
23    proposals.
24    Any pricing or financial terms included in an unsolicited
25proposal must be specific as to when the pricing or terms
26expire.
 

 

 

SB1900- 24 -LRB102 14405 RAM 19757 b

1    Section 4-10. Project qualification and process.
2    (a) The private entity, or the applicable party or parties
3of the private entity's team, must meet the minimum standards
4contained in the responsible public entity's guidelines for
5qualifying professional services and contracts for traditional
6procurement projects.
7    (b) The responsible public entity must:
8        (1) Ensure that provision is made for the private
9    entity's performance and payment of subcontractors,
10    including, but not limited to, surety bonds, letters of
11    credit, parent company guarantees, and lender and equity
12    partner guarantees. For the components of the qualifying
13    project that involve construction performance and payment,
14    bonds are required and are subject to the recordation,
15    notice, suit limitation, and other requirements of the
16    Public Construction Bond Act.
17        (2) Ensure the most efficient pricing of the security
18    package that provides for the performance and payment of
19    subcontractors.
20        (3) Ensure that the public-private agreement addresses
21    termination upon a material default of the public-private
22    agreement.
23    (c) After the public notification period has expired in
24the case of an unsolicited proposal, the responsible public
25entity shall rank the proposals received in order of

 

 

SB1900- 25 -LRB102 14405 RAM 19757 b

1preference. In ranking the proposals, the responsible public
2entity may consider factors that include, but are not limited
3to, public benefit, professional qualifications, general
4business terms, innovative design techniques or cost-reduction
5terms, and finance plans. The responsible public entity may
6then begin negotiations for a public-private agreement with
7the highest-ranked firm. If the responsible public entity is
8not satisfied with the results of the negotiations, the
9responsible public entity may terminate negotiations with the
10proposer and negotiate with the second-ranked or
11subsequent-ranked firms, in the order consistent with this
12procedure. If only one proposal is received, the responsible
13public entity may negotiate in good faith, and if the
14responsible public entity is not satisfied with the results of
15the negotiations, the responsible public entity may terminate
16negotiations with the proposer.
17    (d) The responsible public entity shall perform an
18independent analysis of the proposed public-private
19partnership that demonstrates the cost-effectiveness and
20overall public benefit before the procurement process is
21initiated or before the contract is awarded.
22    (e) The responsible public entity may approve the
23development or operation of a qualifying project, or the
24design or equipping of a qualifying project that is developed
25or operated, if:
26        (1) There is a public need for or benefit derived from

 

 

SB1900- 26 -LRB102 14405 RAM 19757 b

1    a project of the type that the private entity proposes as
2    the qualifying project.
3        (2) The estimated cost of the qualifying project is
4    reasonable in relation to similar facilities.
5        (3) The private entity's plans will result in the
6    timely acquisition, design, construction, improvement,
7    renovation, expansion, equipping, maintenance, or
8    operation of the qualifying project.
9    (f) The responsible public entity may charge a reasonable
10fee to cover the costs of processing, reviewing, and
11evaluating the request, including, but not limited to,
12reasonable attorney fees and fees for financial and technical
13advisors or consultants and for other necessary advisors or
14consultants.
15    (g) Upon approval of a qualifying project, the responsible
16public entity shall establish a date for the commencement of
17activities related to the qualifying project. The responsible
18public entity may extend the commencement date.
19    (h) Approval of a qualifying project by the responsible
20public entity is subject to entering into a public-private
21agreement with the private entity.
 
22    Section 4-15. Interim agreement. Before or in connection
23with the negotiation of a public-private agreement, the
24responsible public entity may enter into an interim agreement
25with the private entity proposing the development or operation

 

 

SB1900- 27 -LRB102 14405 RAM 19757 b

1of the qualifying project. An interim agreement does not
2obligate the responsible public entity to enter into a
3public-private agreement. The interim agreement is
4discretionary with the parties and is not required on a
5qualifying project for which the parties may proceed directly
6to a public-private agreement without the need for an interim
7agreement. An interim agreement must be limited to provisions
8that:
9        (a) Authorize the private entity to commence
10    activities for which it may be compensated related to the
11    proposed qualifying project, including, but not limited
12    to, project planning and development, design,
13    environmental analysis and mitigation, survey, other
14    activities concerning any part of the proposed qualifying
15    project, and ascertaining the availability of financing
16    for the proposed facility or facilities.
17        (b) Establish the process and timing of the
18    negotiation of the public-private agreement.
19        (c) Contain such other provisions related to an aspect
20    of the development or operation of a qualifying project
21    that the responsible public entity and the private entity
22    deem appropriate.
 
23    Section 4-20. Payment of stipulated amount for work
24product of unsuccessful proposer; rights; liability. The
25responsible public entity may pay a stipulated amount to an

 

 

SB1900- 28 -LRB102 14405 RAM 19757 b

1unsuccessful proposer that submits a responsive proposal in
2response to a request for proposals under this Article, in
3exchange for the work product contained in that proposal. The
4use by the responsible public entity of any design element
5contained in an unsuccessful proposal is at the sole risk and
6discretion of the responsible public entity and does not
7confer liability on the recipient of the stipulated amount
8under this Section. After payment of the stipulated amount:
9        (a) the responsible public entity and the unsuccessful
10    proposer jointly own the rights to, and may make use of any
11    work product contained in, the proposal, including the
12    technologies, techniques, methods, processes, ideas, and
13    information contained in the proposal, project design, and
14    project financial plan; and
15        (b) the use by the unsuccessful proposer of any part
16    of the work product contained in the proposal is at the
17    sole risk of the unsuccessful proposer and does not confer
18    liability on the responsible public entity.
 
19    Section 4-25. Additional rights of responsible public
20entity. In addition to any other rights under this Act, in
21connection with any procurement under this Article, the
22responsible public entity may:
23        (a) withdraw a request for information, request for
24    qualifications, or a request for proposals at any time
25    and, in its discretion, publish a new request for

 

 

SB1900- 29 -LRB102 14405 RAM 19757 b

1    qualifications or request for proposals;
2        (b) decline to approve a proposal for any reason;
3        (c) decline to award a public-private agreement for
4    any reason;
5        (d) request clarifications to any statement of
6    information, qualifications, or proposal received, to seek
7    one or more revised proposals or one or more best and final
8    offers, or to conduct negotiations with one or more
9    private entities that have submitted proposals;
10        (e) modify the terms, provisions, and conditions of a
11    request for qualification, request for proposals,
12    technical specifications, or form of public-private
13    agreement during the pendency of a procurement;
14        (f) interview proposers; and
15        (g) any other rights available to the responsible
16    public entity under applicable law and administrative
17    rule.
 
18    Section 4-30. Confidentiality of proposals; disclosure.
19    (a) The responsible public entity may not disclose the
20contents of proposals during discussions or negotiations with
21potential proposers.
22    (b) The responsible public entity may, in its discretion
23in accordance with the Freedom of Information Act, treat as
24confidential all records relating to discussions or
25negotiations between the responsible public entity and

 

 

SB1900- 30 -LRB102 14405 RAM 19757 b

1potential proposers if those records are created while
2discussions or negotiations are in progress.
3    (c) Notwithstanding subsections (a) and (b), and with the
4exception of portions that are confidential under the Freedom
5of Information Act, the terms of the selected offer negotiated
6under this Act shall be available for inspection and copying
7under the Freedom of Information Act after negotiations with
8the proposers have been completed.
9    (d) When disclosing the terms of the selected offer under
10subsection (c), the responsible public entity shall certify
11that the information being disclosed accurately and completely
12represents the terms of the selected offer.
13    (e) The responsible public entity shall disclose the
14contents of all proposals, except the parts of the proposals
15that may be treated as confidential in accordance with the
16Freedom of Information Act, when either:
17        (1) the request for proposal process is withdrawn
18    under Section 4-25; or
19        (2) the public-private agreement has been executed and
20    the closing for each financing transaction required to
21    provide funding to carry out the agreement has been
22    conducted.
 
23
Article 5. Public-Private Agreements

 
24    Section 5-1. Provisions of agreement.

 

 

SB1900- 31 -LRB102 14405 RAM 19757 b

1    (a) Before beginning the development; the financing; the
2operation; or any combination of the development, financing,
3or operation of a qualifying project under this Act, the
4contractor must enter into a public-private agreement with the
5responsible public entity. Subject to the other provisions of
6this Act, the responsible public entity and a private entity
7may enter into a public-private agreement with respect to a
8qualifying project. Subject to the requirements of this Act, a
9public-private agreement may provide that the private entity,
10acting on behalf of the responsible public entity, is
11partially or entirely responsible for any combination of
12developing, financing, or operating the qualifying project.
13    (b) The public-private agreement may, as determined
14appropriate by the responsible public entity for the
15particular qualifying project, provide for some or all of the
16following:
17        (1) Development, planning, design, construction,
18    maintenance, repair, rehabilitation, expansion,
19    financing, and operation of the qualifying project under
20    terms set forth in the public-private agreement, in any
21    form as deemed appropriate by the responsible public
22    entity, including, but not limited to, a long-term
23    concession and lease, a design-bid-build agreement, a
24    design-build agreement, a design-build-maintain
25    agreement, a design-build-finance agreement, a
26    design-build-operate-maintain agreement and a

 

 

SB1900- 32 -LRB102 14405 RAM 19757 b

1    design-build-finance-operate-maintain agreement.
2        (2) Delivery of performance and payment bonds or other
3    performance security determined suitable by the
4    responsible public entity, including letters of credit,
5    United States bonds and notes, parent guaranties, and cash
6    collateral, in connection with the development, financing,
7    or operation of the qualifying project, in the forms and
8    amounts set forth in the public-private agreement or
9    otherwise determined as satisfactory by the responsible
10    public entity to protect the responsible public entity and
11    payment bond beneficiaries who have a direct contractual
12    relationship with the contractor or a subcontractor of the
13    contractor to supply labor or material. The payment or
14    performance bond or alternative form of performance
15    security is not required for the portion of a
16    public-private agreement that includes only design,
17    planning, or financing services, the performance of
18    preliminary studies, or the acquisition of real property.
19        (3) Review of plans for any development or operation,
20    or both, of the qualifying project by the responsible
21    public entity.
22        (4) Inspection of any construction of or improvements
23    to the qualifying project by the responsible public entity
24    or another entity designated by the responsible public
25    entity or under the public-private agreement to ensure
26    that the construction or improvements conform to the

 

 

SB1900- 33 -LRB102 14405 RAM 19757 b

1    standards set forth in the public-private agreement or are
2    otherwise acceptable to the responsible public entity.
3        (5) Maintenance of:
4            (A) one or more policies of public liability
5        insurance (copies of which shall be filed with the
6        responsible public entity accompanied by proofs of
7        coverage); or
8            (B) self-insurance;
9        each in the form and amount as set forth by the
10    public-private agreement or otherwise satisfactory to the
11    responsible public entity as reasonably sufficient to
12    insure coverage of tort liability to the public and
13    employees and to enable the continued operation of the
14    qualifying project.
15        (6) Where operations are included within the
16    contractor's obligations under the public-private
17    agreement, monitoring of the maintenance practices of the
18    contractor by the responsible public entity or another
19    entity designated by the responsible public entity or
20    under the public-private agreement and the taking of the
21    actions the responsible public entity finds appropriate to
22    ensure that the qualifying project is properly maintained.
23        (7) Reimbursement to be paid to the responsible public
24    entity as set forth in the public-private agreement for
25    services provided by the responsible public entity.
26        (8) Filing of appropriate financial statements and

 

 

SB1900- 34 -LRB102 14405 RAM 19757 b

1    reports as set forth in the public-private agreement or as
2    otherwise in a form acceptable to the responsible public
3    entity on a periodic basis.
4        (9) Compensation or payments to the contractor.
5    Compensation or payments may include any or a combination
6    of the following:
7            (A) A base fee and additional fee for project
8        savings as the design-builder of a construction
9        project.
10            (B) A development fee, payable on a lump sum
11        basis, progress payment basis, time and materials
12        basis, or any other basis considered appropriate by
13        the responsible public entity.
14            (C) An operations fee, payable on a lump sum
15        basis, time and material basis, periodic basis, or any
16        other basis considered appropriate by the responsible
17        public entity.
18            (D) Some or all of the revenues, if any, arising
19        out of operation of the qualifying project.
20            (E) A maximum rate of return on investment or
21        return on equity or a combination of the 2.
22            (F) In-kind services, materials, property,
23        equipment, or other items.
24            (G) Compensation in the event of any termination.
25            (H) Availability payments or similar arrangements
26        whereby payments are made to the contractor pursuant

 

 

SB1900- 35 -LRB102 14405 RAM 19757 b

1        to the terms set forth in the public-private agreement
2        or related agreements.
3            (I) Other compensation set forth in the
4        public-private agreement or otherwise considered
5        appropriate by the responsible public entity.
6        (10) Compensation or payments to the responsible
7    public entity, if any. Compensation or payments may
8    include any one or combination of the following:
9            (A) A concession or lease payment or other fee,
10        which may be payable upfront or on a periodic basis or
11        on another basis deemed appropriate by the responsible
12        public entity.
13            (B) Sharing of revenues, if any, from the
14        operation of the qualifying project.
15            (C) Sharing of project savings from the
16        construction of the qualifying project.
17            (D) Payment for any services, materials,
18        equipment, personnel, or other items provided by the
19        responsible public entity to the contractor under the
20        public-private agreement or in connection with the
21        qualifying project.
22            (E) Other compensation set forth in the
23        public-private agreement or otherwise considered
24        appropriate by the responsible public entity.
25        (11) The date and terms of termination of the
26    contractor's authority and duties under the public-private

 

 

SB1900- 36 -LRB102 14405 RAM 19757 b

1    agreement and the circumstances under which the
2    contractor's authority and duties may be terminated before
3    that date.
4        (12) Reversion of the qualifying project to the
5    responsible public entity at the termination or expiration
6    of the public-private agreement.
7        (13) Rights and remedies of the responsible public
8    entity if the contractor defaults or otherwise fails to
9    comply with the terms of the public-private agreement.
10        (14) Procedures for the selection of professional
11    design firms and subcontractors, which shall include
12    procedures consistent with the Architectural, Engineering,
13    and Land Surveying Qualifications Based Selection Act for
14    the selection of professional design firms and may
15    include, in the discretion of the responsible public
16    entity, procedures consistent with the low bid procurement
17    procedures outlined in the Illinois Procurement Code for
18    the selection of construction companies.
19        (15) Other terms, conditions, and provisions that the
20    responsible public entity believes are in the public
21    interest.
 
22    Section 5-5. Additional requirements.
23    (a) The responsible public entity may fix and revise the
24amounts of user fees that a contractor may charge and collect
25for the use of any part of a qualifying project in accordance

 

 

SB1900- 37 -LRB102 14405 RAM 19757 b

1with the public-private agreement. In fixing the amounts, the
2responsible public entity may establish maximum amounts for
3the user fees and may provide that the maximums and any
4increases or decreases of those maximums shall be based upon
5the indices, methodologies, or other factors the responsible
6public entity considers appropriate.
7    (b) A public-private agreement may:
8        (1) authorize the imposition of tolls in any manner
9    determined appropriate by the responsible public entity
10    for the qualifying project;
11        (2) authorize the contractor to adjust the user fees
12    for the use of the qualifying project, so long as the
13    amounts charged and collected by the contractor do not
14    exceed the maximum amounts established by the responsible
15    public entity under the public-private agreement;
16        (3) provide that any adjustment by the contractor
17    permitted under paragraph (2) may be based on the indices,
18    methodologies, or other factors described in the
19    public-private agreement or approved by the responsible
20    public entity;
21        (4) authorize the contractor to charge and collect
22    user fees through methods, including, but not limited to,
23    automatic vehicle identification systems, electronic toll
24    collection systems, and, to the extent permitted by law,
25    global positioning system-based, photo-based, or
26    video-based toll collection enforcement, if, to the

 

 

SB1900- 38 -LRB102 14405 RAM 19757 b

1    maximum extent feasible, the contractor will (i) use open
2    road tolling methods that allow payment of tolls at
3    highway speeds and (ii) comply with United States
4    Department of Transportation requirements and best
5    practices with respect to tolling methods; and
6        (5) authorize the collection of user fees by a third
7    party.
 
8    Section 5-10. Grants or loans for qualifying project. In
9the public-private agreement, the responsible public entity
10may agree to make grants or loans for the development or
11operation, or both, of the qualifying project from time to
12time from amounts received from the federal government or any
13agency or instrumentality of the federal government or from
14any State or local agency.
 
15    Section 5-15. Terms and conditions in agreement. The
16public-private agreement must incorporate the duties of the
17contractor under this Act and may contain the other terms and
18conditions that the responsible public entity determines serve
19the public purpose of this Act. The public-private agreement
20may contain provisions under which the responsible public
21entity agrees to provide notice of default and cure rights for
22the benefit of the contractor and the persons or entities
23described in the public-private agreement that are providing
24financing for the qualifying project. The public-private

 

 

SB1900- 39 -LRB102 14405 RAM 19757 b

1agreement may contain any other lawful term or condition to
2which the contractor and the responsible public entity
3mutually agree, including provisions regarding change orders,
4dispute resolution, required upgrades to the qualifying
5project, tolling policies, changes and modifications to the
6qualifying project, unavoidable delays, or provisions for a
7loan or grant of public funds for the development or
8operation, or both, of one or more qualifying projects.
 
9    Section 5-20. Responsible public entity takeover of
10qualifying project after termination or expiration.
11    (a) Upon the termination or expiration of the
12public-private agreement, including a termination for default,
13the responsible public entity shall have the right to take
14over the qualifying project and to succeed to all of the right,
15title, and interest in the qualifying project and all real
16property acquired as a part of the project shall be held in the
17name of the responsible public entity.
18    (b) If a responsible public entity elects to take over a
19qualifying project as provided in subsection (a), the
20responsible public entity may do the following:
21        (1) Develop, finance, or operate the project,
22    including through a public-private agreement entered into
23    in accordance with this Act.
24        (2) Impose, collect, retain, and use user fees, if
25    any, for the project.

 

 

SB1900- 40 -LRB102 14405 RAM 19757 b

1    (c) If a responsible public entity elects to take over a
2qualifying project as provided in subsection (a), the
3responsible public entity may use the revenues, if any, for
4any lawful purpose, including to:
5        (1) Make payments to individuals or entities in
6    connection with any financing of the qualifying project,
7    including through a public-private agreement entered into
8    in accordance with this Act.
9        (2) Permit a contractor to receive some or all of the
10    revenues under a public-private agreement entered into
11    under this Act.
12        (3) Pay development costs of the project.
13        (4) Pay current operation costs of the project or
14    facilities.
15        (5) Paying the contractor for any compensation or
16    payment owing upon termination.
17        (6) Pay for the development, financing, or operation
18    of any other project or projects the responsible public
19    entity deems appropriate.
20    (d) The full faith and credit of the State or any political
21subdivision of the State or the responsible public entity is
22not pledged to secure any financing of the contractor by the
23election to take over the qualifying project. Assumption of
24development or operation, or both, of the qualifying project
25does not obligate the State or any political subdivision of
26the State or the responsible public entity to pay any

 

 

SB1900- 41 -LRB102 14405 RAM 19757 b

1obligation of the contractor.
 
2    Section 5-25. Changes added by written amendment. Any
3changes in the terms of the public-private agreement agreed to
4by the parties shall be added to the public-private agreement
5by written amendment.
 
6    Section 5-30. Agreements with multiple private entities.
7Notwithstanding any other provision of this Act, the
8responsible public entity may enter into a public-private
9agreement with multiple private entities if the responsible
10public entity determines in writing that it is in the public
11interest to do so.
 
12    Section 5-35. Agreement provisions for qualifying project.
13The public-private agreement may provide for all or part of
14the development, financing, or operation of phases or segments
15of the qualifying project.
 
16
Article 6. Development and Operations Standards for Projects

 
17    Section 6-1. Standards of compliance for plans and
18specifications. The plans and specifications, if any, for each
19project developed under this Act must comply with:
20        (a) the responsible public entity's standards for
21    other projects of a similar nature or as otherwise

 

 

SB1900- 42 -LRB102 14405 RAM 19757 b

1    provided in the public-private agreement;
2        (b) the Professional Engineering Practice Act of 1989,
3    the Structural Engineering Practice Act of 1989, the
4    Illinois Architecture Practice Act of 1989, the
5    requirements of Section 30-22 of the Illinois Procurement
6    Code as they apply to responsible bidders, and the
7    Illinois Professional Land Surveyor Act of 1989; and
8        (c) any other applicable State or federal standards.
 
9    Section 6-5. Highway projects under Act considered part of
10State highway system. Each highway project constructed or
11operated under this Act is considered to be part of:
12        (a) the State highway system for purposes of
13    identification, maintenance standards, and enforcement of
14    traffic laws if the highway project is under the
15    jurisdiction of the Department; or
16        (b) the toll highway system for purposes of
17    identification, maintenance standards, and enforcement of
18    traffic laws if the highway project is under the
19    jurisdiction of the Authority.
 
20    Section 6-10. Service agreements. Any unit of local
21government or State agency may enter into agreements with the
22contractor for maintenance or other services under this Act.
 
23    Section 6-15. Cooperation with federal and local agencies.

 

 

SB1900- 43 -LRB102 14405 RAM 19757 b

1The responsible public entity shall seek the cooperation of
2federal and local agencies to expedite all necessary federal
3and local permits, licenses, and approvals necessary for
4projects under this Act.
 
5
Article 7. Taxation of Contractors

 
6    Section 7-1. Exemptions from property taxes. A project
7under this Act and tangible personal property used exclusively
8in connection with a project that are:
9        (a) owned by the responsible public entity and leased,
10    licensed, financed, or otherwise conveyed to a contractor;
11    or
12        (b) acquired, constructed, or otherwise provided by a
13    contractor on behalf of the responsible public entity;
14    under the terms of a public-private agreement are
15considered to be public property devoted to an essential
16public and governmental function and purpose. The property,
17and a contractor's leasehold estate or interests in the
18property, are exempt from all ad valorem property taxes and
19special assessments levied against property by the State or
20any political subdivision of the State.
 
21    Section 7-10. Exemptions from retail and use taxes. A
22contractor or any other person purchasing tangible personal
23property for incorporation into or improvement of a structure

 

 

SB1900- 44 -LRB102 14405 RAM 19757 b

1or facility constituting or becoming part of the land included
2in a project is entitled to the exemption from retail tax and
3use tax provided under the Retailers' Occupation Tax Act and
4Use Tax Act, respectively, with respect to that tangible
5personal property.
 
6    Section 7-15. Taxation of income. Income received by a
7contractor under the terms of a public-private agreement is
8subject to taxation in the same manner as income received by
9other private entities.
 
10
Article 8. Financial Arrangements

 
11    Section 8-1. Actions to obtain credit assistance. The
12responsible public entity may do any combination of applying
13for, executing, or endorsing applications submitted by private
14entities to obtain federal, State, or local credit assistance
15for qualifying projects developed, financed, or operated under
16this Act, including loans, lines of credit, and guarantees.
 
17    Section 8-5. Actions to obtain assistance. The responsible
18public entity may take any action to obtain federal, State, or
19local assistance for a qualifying project that serves the
20public purpose of this Act and may enter into any contracts
21required to receive the federal assistance. The responsible
22public entity may determine that it serves the public purpose

 

 

SB1900- 45 -LRB102 14405 RAM 19757 b

1of this Act for all or any portion of the costs of a qualifying
2project to be paid, directly or indirectly, from the proceeds
3of a grant or loan, line of credit, or loan guarantee made by a
4local, State, or federal government or any agency or
5instrumentality of a local, State, or federal government. Such
6assistance may include, but not be limited to, federal credit
7assistance pursuant to the Transportation Infrastructure
8Finance and Innovation Act and the Water Infrastructure and
9Finance and Innovation Act.
 
10    Section 8-10. Grants or loans from amounts received from
11governments. The responsible public entity may agree to make
12grants or loans for the development, financing, or operation
13of a qualifying project from time to time, from amounts
14received from the federal, State, or local government or any
15agency or instrumentality of the federal, State, or local
16government.
 
17    Section 8-15. Terms and conditions of financing. Any
18financing of a qualifying project may be in the amounts and
19upon the terms and conditions that are determined by the
20parties to the public-private agreement.
 
21    Section 8-20. General powers for the purpose of financing.
22For the purpose of financing a qualifying project, the
23contractor and the responsible public entity may do the

 

 

SB1900- 46 -LRB102 14405 RAM 19757 b

1following:
2        (a) Propose to use any and all of the revenues that may
3    be available to them, including public or private pension
4    funds.
5        (b) Enter into grant agreements.
6        (c) Access any other funds available to the
7    responsible public entity, including public pension funds.
8        (d) Accept grants from the responsible public entity
9    or other public or private agency or entity.
 
10    Section 8-25. Debt financing powers.
11    (a) For the purpose of financing a qualifying project, the
12responsible public entity may enter into agreements, leases,
13or subleases with a contractor, and do the following:
14        (1) Issue bonds, debt, or other obligations.
15        (2) Enter into loan agreements or other credit
16    facilities.
17        (3) Secure any financing with a pledge of, security
18    interest in, or lien on all or part of a property subject
19    to the agreement, including all of the party's property
20    interests in the qualifying project.
21    (b) Any such debt shall mature at such time or times not
22exceeding the earlier of the term of the public-private
23agreement and the life of the qualifying project.
 
24    Section 8-30. Use of public funds for financing. For the

 

 

SB1900- 47 -LRB102 14405 RAM 19757 b

1purpose of financing a qualifying project, public funds,
2including public pension funds, may be used and mixed and
3aggregated with funds provided by or on behalf of the
4contractor or other private entities.
 
5    Section 8-35. Private activity bonds for purpose of
6financing. For the purpose of financing a qualifying project,
7a responsible public entity is authorized to do any
8combination of applying for, executing, or endorsing
9applications for an allocation of tax-exempt bond financing
10authorization provided by the United States Internal Revenue
11Code, as well as financing available under any other federal
12law or program.
 
13    Section 8-40. Financing not to be considered debt of the
14State or any political subdivision of the State. Any bonds,
15debt, or other securities or other financing issued by or on
16behalf of a contractor for the purposes of a project
17undertaken under this Act shall not be deemed to constitute a
18debt of the responsible public entity, the State, or any
19political subdivision of the State or a pledge of the faith and
20credit of the responsible public entity, the State, or any
21political subdivision of the State.
 
22
Article 9. Issuance of Debt by Responsible Public Entity

 

 

 

SB1900- 48 -LRB102 14405 RAM 19757 b

1    Section 9-1. Sale of bonds or notes. A responsible public
2entity may, by resolution, issue and sell bonds or notes of the
3responsible public entity for the purpose of providing funds
4to carry out this Act with respect to the development,
5financing, or operation of a project or projects or the
6refunding of any bonds or notes, together with any costs
7associated with a transaction.
 
8    Section 9-5. Leases of projects. A responsible public
9entity may enter into a lease with the contractor of a project
10or projects financed under this Act. The responsible public
11entity may lease a project financed under this Act to a
12contractor under a public-private agreement.
 
13    Section 9-10. Payment of lease rentals. The responsible
14public entity shall pay lease rentals for leases that the
15responsible public entity has entered into under this Act that
16secure bonds issued under this Article from any legally
17available revenues, including:
18        (a) payments received from a contractor;
19        (b) federal highway revenues;
20        (c) distributions from the State highway fund; and
21        (d) other funds available to the responsible public
22    entity for such purpose.
 
23    Section 9-15. Properties of bonds or notes issued under

 

 

SB1900- 49 -LRB102 14405 RAM 19757 b

1Article. The bonds or notes issued under this Article:
2        (a) constitute the corporate obligations of the
3    responsible public entity;
4        (b) do not constitute an indebtedness of the State
5    within the meaning or application of any constitutional
6    provision or limitation; and
7        (c) are payable solely as to both principal and
8    interest from:
9            (1) the revenues from a lease to the responsible
10        public entity, if any;
11            (2) proceeds of bonds or notes, if any;
12            (3) investment earnings on proceeds of bonds or
13        notes; or
14            (4) other funds available to the responsible
15        public entity for such purpose.
 
16
Article 10. Acquisition of Property

 
17    Section 10-1. General. The responsible public entity may
18exercise any power of condemnation or eminent domain,
19including quick-take powers, that it has under law, for the
20purpose of acquiring any lands or estates or interests in land
21for a qualifying project to the extent provided in the
22public-private agreement or otherwise to the extent that the
23responsible public entity finds that the action serves the
24public purpose of this Act and deems it appropriate in the

 

 

SB1900- 50 -LRB102 14405 RAM 19757 b

1exercise of its powers under this Act.
 
2    Section 10-5. Entering into grants of property interests.
3The responsible public entity and a contractor may enter into
4the leases, licenses, easements, and other grants of property
5interests that the responsible public entity determines
6necessary to carry out this Act.
 
7
Article 11. Law Enforcement

 
8    Section 11-1. Powers and jurisdiction within limits of
9qualifying project.
10    (a) All law enforcement officers of the State and of each
11affected jurisdiction have the same powers and jurisdiction
12within the limits of the facility as they have in their
13respective areas of jurisdiction.
14    (b) Law enforcement officers shall have access to the
15facility at any time for the purpose of exercising the law
16enforcement officers' powers and jurisdiction.
 
17    Section 11-5. Application of traffic and motor vehicle
18laws; punishment for infractions.
19    (a) The traffic and motor vehicle laws of the State of
20Illinois or, if applicable, any local jurisdiction shall be
21the same as those applying to conduct on similar projects in
22the State of Illinois or the local jurisdiction.

 

 

SB1900- 51 -LRB102 14405 RAM 19757 b

1    (b) Punishment for infractions and offenses shall be as
2prescribed by law for conduct occurring on similar projects in
3the State of Illinois or the local jurisdiction.
 
4
Article 12. Term of Agreement; Reversion of Property to State

 
5    Section 12-1. Maximum term of agreement. The term of a
6public-private agreement, including all extensions, may not
7exceed 99 years.
 
8    Section 12-5. Date of termination of contractor's
9authority and duties. The responsible public entity shall
10terminate the contractor's authority and duties under the
11public-private agreement on the date set forth in the
12public-private agreement.
 
13    Section 12-10. Duties and obligations upon termination of
14agreement; dedication to responsible public entity. Upon
15termination of the public-private agreement, the authority and
16duties of the contractor under this Act cease, except for
17those duties and obligations that extend beyond the
18termination, as set forth in the public-private agreement, and
19all interests in the facility shall revert to the responsible
20public entity.
 
21
Article 13. Additional Powers of Responsible Public Entity

 

 

SB1900- 52 -LRB102 14405 RAM 19757 b

1
with Respect to Qualifying Projects

 
2    Section 13-1. Cooperation with governmental entities. Each
3responsible public entity may exercise any powers provided
4under this Act in participation or cooperation with any
5governmental entity and enter into any contracts to facilitate
6that participation or cooperation without compliance with any
7other statute. Each responsible public entity shall cooperate
8with each other and with other governmental entities in
9carrying out qualifying projects under this Act.
 
10    Section 13-5. Contracts and agreements necessary to
11performance of duties and execution of powers. Each
12responsible public entity may make and enter into all
13contracts and agreements necessary or incidental to the
14performance of the responsible public entity's duties and the
15execution of the responsible public entity's powers under this
16Act. Except as otherwise required by law, these contracts or
17agreements are not subject to any approvals other than the
18approval of the responsible public entity and may be for any
19term of years and contain any terms that are considered
20reasonable by the responsible public entity.
 
21    Section 13-10. Payment of costs. A responsible public
22entity may pay the costs incurred under a public-private
23agreement entered into under this Act from any funds available

 

 

SB1900- 53 -LRB102 14405 RAM 19757 b

1to the responsible public entity under this Act or any other
2statute.
 
3    Section 13-15. Action that would impair agreement
4prohibited. A responsible public entity or other State or
5local government may not take any action that would impair a
6public-private agreement entered into under this Act.
 
7    Section 13-20. Law enforcement assistance.
8    (a) Each responsible public entity may enter into an
9agreement between and among the contractor, the responsible
10public entity, and the Illinois State Police concerning the
11provision of law enforcement assistance with respect to a
12qualifying project that is the subject of a public-private
13agreement under this Act.
14    (b) Each responsible public entity is authorized to enter
15into arrangements with the Illinois State Police related to
16costs incurred in providing law enforcement assistance under
17this Act.
 
18
Article 14. Prohibited Local Action

 
19    Section 14-1. Prohibited local action. A unit of local
20government may not take any action that would have the effect
21of impairing a public-private agreement under this Act, except
22that this Section 14-1 shall not diminish any existing police

 

 

SB1900- 54 -LRB102 14405 RAM 19757 b

1power or other power provided by law to a unit of local
2government.
 
3
Article 15. Amendatory Changes

 
4    Section 15-5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

SB1900- 55 -LRB102 14405 RAM 19757 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

SB1900- 56 -LRB102 14405 RAM 19757 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

SB1900- 57 -LRB102 14405 RAM 19757 b

1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

SB1900- 58 -LRB102 14405 RAM 19757 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of
22    an eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

SB1900- 59 -LRB102 14405 RAM 19757 b

1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day
26    and temporary labor service agencies but are exempt from

 

 

SB1900- 60 -LRB102 14405 RAM 19757 b

1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) Information that is exempt from disclosure under
11    Section 70 of the Higher Education Student Assistance Act.
12        (oo) Communications, notes, records, and reports
13    arising out of a peer support counseling session
14    prohibited from disclosure under the First Responders
15    Suicide Prevention Act.
16        (pp) Names and all identifying information relating to
17    an employee of an emergency services provider or law
18    enforcement agency under the First Responders Suicide
19    Prevention Act.
20        (qq) Information and records held by the Department of
21    Public Health and its authorized representatives collected
22    under the Reproductive Health Act.
23        (rr) Information that is exempt from disclosure under
24    the Cannabis Regulation and Tax Act.
25        (ss) Data reported by an employer to the Department of
26    Human Rights pursuant to Section 2-108 of the Illinois

 

 

SB1900- 61 -LRB102 14405 RAM 19757 b

1    Human Rights Act.
2        (tt) Recordings made under the Children's Advocacy
3    Center Act, except to the extent authorized under that
4    Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information that is exempt from disclosure under
22    Section 4-30 of the Public-Private Partnerships Act.
23(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
24100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
258-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
26eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

 

 

SB1900- 62 -LRB102 14405 RAM 19757 b

1100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
26-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
3eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
4101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
51-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
6eff. 7-7-20.)