Full Text of HB0801 95th General Assembly
HB0801ham001 95TH GENERAL ASSEMBLY
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Rep. David E. Miller
Filed: 3/26/2007
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| AMENDMENT TO HOUSE BILL 801
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| AMENDMENT NO. ______. Amend House Bill 801 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Capital Investment Accountability Act. | 6 |
| Section 5. Purpose and application. The purpose of this Act | 7 |
| is to maximize the value of transportation investments in the | 8 |
| State of Illinois in order to optimize State and local economic | 9 |
| development and the quality of public life for Illinois | 10 |
| residents. This Act articulates the State's surface | 11 |
| transportation goals and establishes a standardized process | 12 |
| for reviewing, prioritizing, and selecting surface | 13 |
| transportation projects that best reflect those goals. Through | 14 |
| the process established by this Act, the State seeks to develop | 15 |
| a sustainable, integrated, multi-modal transportation system | 16 |
| that provides efficient and safe access to goods, services, |
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| activities, and destinations to residents, visitors, and | 2 |
| businesses. Beginning with the 2010 State fiscal year, all | 3 |
| State-funded surface transportation capital projects are | 4 |
| subject to the review and prioritization process set forth in | 5 |
| this Act. | 6 |
| Section 10. Definitions. In this Act: | 7 |
| "Benefit/per-capita cost" means a determination of the | 8 |
| benefit of a project divided by the per-capita cost of the | 9 |
| project. | 10 |
| "Committee" means either a District Prioritization | 11 |
| Committee or the Statewide Prioritization Committee. | 12 |
| "Criteria" means measurable indicators of compliance with | 13 |
| the State transportation goals. | 14 |
| "Department" means the Department of Transportation. | 15 |
| "District" means the a district of the State established by | 16 |
| the Department for its administrative purposes and statutorily | 17 |
| authorized activities. | 18 |
| "Long-range transportation plan" means the long-range | 19 |
| transportation plan required to be developed by each MPO in | 20 |
| accordance with 23 U.S.C. 134, the long-range transportation | 21 |
| plan required to be developed by each MPO in accordance with 23 | 22 |
| U.S.C. 135, and the long-range transportation plan required to | 23 |
| be developed in accordance with Section 5-301 of the Illinois | 24 |
| Highway Code. | 25 |
| "MPO jurisdiction" means the metropolitan planning area |
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| boundaries of a MPO within the State, which are designated in | 2 |
| accordance with 23 U.S.C. 134. | 3 |
| "MPO" means a Metropolitan Planning Organization | 4 |
| designated under 23 U.S.C. 134 whose MPO jurisdiction is | 5 |
| partially or completely within the State.
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| "Per-capita cost" means a determination of the estimated | 7 |
| cost of the project divided by the population affected by the | 8 |
| project. | 9 |
| "Project" means any new or continuing surface | 10 |
| transportation capital project (including but not limited to | 11 |
| roadways, transit, rail, trails, walkways, bicycle, and | 12 |
| intermodal facilities) financed in whole or in part by State | 13 |
| funds. | 14 |
| "RPC" means a regional planning commission or joint | 15 |
| regional planning commission established in accordance with | 16 |
| Section 5-14001 or 5-14003 of the Counties Code.
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| "Secretary" means the Secretary of Transportation.
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| "State transportation goals" means the following goals and | 19 |
| objectives: | 20 |
| (1) Ensure efficient use of transportation resources | 21 |
| through mode shifts and demand management, and reduce | 22 |
| per-capita congestion delays and unreliability;
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| (2) Generate both local and statewide economic | 24 |
| development through investment in a transportation system | 25 |
| that recycles a majority of public and user investments | 26 |
| back into the local and state economies;
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| (3) Optimize accessibility by integrating land use and | 2 |
| transportation planning and investments; and
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| (4) Increase public safety, security, and health by | 4 |
| reducing per-capita crash rates and risk of assault, | 5 |
| particularly for the most vulnerable transportation users, | 6 |
| and by increasing use of physically active modes.
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| "Statewide projects" means traffic control improvements | 8 |
| procured by the Department on a statewide basis, weigh | 9 |
| stations, state park projects, contract maintenance performed | 10 |
| by non-state forces, emergency road and bridge repairs, and | 11 |
| federally authorized Equal Employment Opportunity training | 12 |
| programs and support services. | 13 |
| "STIP" means the transportation improvement program that | 14 |
| each state must develop pursuant to 23 U.S.C. 135.
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| "TIP" means the transportation improvement program that | 16 |
| each MPO must develop pursuant to 23 U.S.C. 134.
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| Section 15. Establishment of Statewide and District | 18 |
| Prioritization Committees. | 19 |
| (a) Within 30 days after the effective date of this Act, | 20 |
| the following committees must be established under the | 21 |
| direction of the Department:
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| (1) A Statewide Prioritization Committee, whose | 23 |
| membership consists of voting and non-voting members. | 24 |
| (A) The voting members are: | 25 |
| (i) The Secretary; |
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| (ii) The chairperson of each MPO;
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| (iii) One representative of municipalities, | 3 |
| appointed by the municipalities on the District | 4 |
| Prioritization Committees and MPOs; | 5 |
| (iv) One representative of counties, appointed | 6 |
| by the counties on the District Prioritization | 7 |
| Committees and the MPOs; and
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| (v) One representative of townships, appointed | 9 |
| by the
townships on the District Prioritization | 10 |
| Committees and the MPOs.
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| (B) The non-voting members are: | 12 |
| (i) The Director of Commerce and Economic | 13 |
| Opportunity, or his or her designee;
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| (ii) The Director of Natural Resources, or his | 15 |
| or her designee;
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| (iii) The Chief of the Illinois Environmental | 17 |
| Protection Agency Bureau of Air;
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| (iv) One representative of statewide business | 19 |
| interests,
appointed by the Secretary; and
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| (v) One representative of metropolitan civic | 21 |
| interests, appointed by the Secretary.
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| (2) A District Prioritization Committee for each | 23 |
| District, but no District Prioritization Committee may be | 24 |
| established for a District included entirely within an MPO | 25 |
| jurisdiction. The membership of each District | 26 |
| Prioritization Committee is: |
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| (A) One member appointed by the Secretary;
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| (B) One member appointed by each MPO whose MPO | 3 |
| jurisdiction includes territory partially or | 4 |
| completely within the District. Each MPO member shall | 5 |
| coordinate with municipal, county and township | 6 |
| officials within and adjacent to the MPO jurisdiction | 7 |
| in carrying out his or her duties in accordance with | 8 |
| this Act;
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| (C) One member appointed by each RPC whose | 10 |
| territory is within the District but not within an MPO | 11 |
| jurisdiction. Each RPC member shall coordinate with | 12 |
| municipal, county and township officials within and | 13 |
| adjacent to the jurisdiction of the RPC in carrying out | 14 |
| his or her duties in accordance with this Act; and
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| (D) One member appointed by the county board | 16 |
| president of each county within the District but not | 17 |
| within an MPO jurisdiction or the jurisdiction of an | 18 |
| RPC. Each county member shall coordinate with | 19 |
| municipal and township officials within and adjacent | 20 |
| to the county in carrying out his or her duties in | 21 |
| accordance with this Act.
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| (b) Each appointed Committee member shall serve for a term | 23 |
| of 2 years from the date of appointment and until the earlier | 24 |
| of the member's removal by the appointing authority, the | 25 |
| member's resignation, or the member's successor is appointed. A | 26 |
| vacancy in a Committee member position must be filled by the |
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| appointing authority for that member, and a member appointed to | 2 |
| fill a vacancy shall serve the remainder of the term of the | 3 |
| member whose removal, resignation, or death created the | 4 |
| vacancy. | 5 |
| (c) Each Committee may establish rules to govern its own | 6 |
| procedures, provided all Committee meetings shall be conducted | 7 |
| in accordance with the Open Meetings Act. In addition, at least | 8 |
| 7 days' advance written notice of District Prioritization | 9 |
| Committee and MPO meetings shall be provided to every State | 10 |
| legislator representing territory within the District or MPO | 11 |
| jurisdiction. All Committee members are entitled to | 12 |
| reimbursement by the Department for ordinary and necessary | 13 |
| expenses incurred in performing their duties under this Act. | 14 |
| Section 20. Project submission, review, and prioritization | 15 |
| process. | 16 |
| (a) By March 1, 2008, the Statewide Prioritization | 17 |
| Committee shall, through a process involving opportunity for | 18 |
| public review and comment:
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| (1) Establish uniform statewide evaluation criteria | 20 |
| for project prioritization derived from the State | 21 |
| transportation goals. The Statewide Prioritization | 22 |
| Committee shall establish no fewer than 5 and no more than | 23 |
| 10 criteria;
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| (2) Establish a uniform statewide process for | 25 |
| calculating a project's benefit/per-capita cost; and
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| (3) Determine the process by which it will evaluate and | 2 |
| prioritize Committee and MPO proposed projects in order to | 3 |
| develop the comprehensive project prioritization plan | 4 |
| described in subsection (f) of this Section.
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| (b) By May 1, 2008, the MPOs and Committees shall each make | 6 |
| the following determinations through a process involving | 7 |
| opportunity for public review and comment:
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| (1) Each MPO shall determine the weight to be given | 9 |
| each uniform statewide evaluation criterion for the review | 10 |
| of proposed projects within the MPO jurisdiction;
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| (2) Each District Prioritization Committee shall | 12 |
| determine the weight to be given each uniform statewide | 13 |
| evaluation criterion for the review of proposed projects | 14 |
| within the District but outside of an MPO jurisdiction; and
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| (3) The Statewide Prioritization Committee shall | 16 |
| determine the weight to be given each uniform statewide | 17 |
| evaluation criterion for the review of proposed statewide | 18 |
| projects.
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| The weights applied to each criterion may vary by MPO and | 20 |
| Committee. No single criterion may account for less than 10% | 21 |
| nor more than 50% of the overall weighted allocation, and the | 22 |
| weights assigned to all criteria shall equal 100%. Each | 23 |
| Committee and MPO shall develop a prioritization scoring system | 24 |
| that (i) determines a project's score for each criterion; (ii) | 25 |
| multiplies that score by the applicable weight; (iii) | 26 |
| aggregates the weighted score for all criteria; and (iv) |
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| calculates the project's benefit/per-capita cost in the manner | 2 |
| established by the Statewide Prioritization Committee. The | 3 |
| Department shall issue guidance and provide technical | 4 |
| assistance to the Committees and MPOs to assist with the | 5 |
| development and implementation of a prioritization scoring | 6 |
| system. | 7 |
| (c) By July 1, 2008 and by July 1 of each year thereafter, | 8 |
| each MPO shall hold a public hearing to present to the public | 9 |
| and allow public testimony on proposed projects within the MPO | 10 |
| jurisdiction All such proposals must be consistent with the | 11 |
| MPO's TIP and its long-range plan. By September 1, 2008 and by | 12 |
| September 1 of each year thereafter, the MPO shall:
(i) adopt a | 13 |
| prioritized list of proposed projects based upon the MPO's | 14 |
| prioritization scoring system; and (ii) deliver the | 15 |
| prioritized list, with a description of each project, to the | 16 |
| Statewide Prioritization Committee.
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| (d) By June 1, 2008 and by June 1 of each year thereafter, | 18 |
| each District Prioritization Committee shall accept proposals | 19 |
| from all of its non-MPO members for projects within the | 20 |
| District but outside of an MPO jurisdiction. All such proposed | 21 |
| projects must be consistent with
any long-range transportation | 22 |
| plans adopted by the submitting member and must be | 23 |
| independently scored by the member in accordance with the | 24 |
| District Prioritization Committee's prioritization scoring | 25 |
| system. By July 1, 2008 and by July 1 of each thereafter, the | 26 |
| District Prioritization Committee shall hold a public hearing |
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| to present to the public and allow public testimony on the | 2 |
| proposed projects. By September 1, 2008 and by September 1 of | 3 |
| each year thereafter, the District Prioritization Committee | 4 |
| shall (i) make recommendations for enhanced regional | 5 |
| coordination and consistency among MPO and non-MPO proposed | 6 |
| projects; (ii) adopt a prioritized list of non-MPO proposed | 7 |
| projects based upon the Committee's prioritization scoring | 8 |
| system; and (iii) deliver a prioritized list of non-MPO | 9 |
| proposed projects, with a description of each project, to the | 10 |
| Statewide Prioritization Committee.
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| (e) By June 1, 2008 and by June 1 of each year thereafter, | 12 |
| the Statewide Prioritization Committee shall develop a list and | 13 |
| independently score proposed statewide projects. All such | 14 |
| proposed projects must be consistent with the most recent STIP | 15 |
| and the Department's long-range plan. By July 1, 2008 and by | 16 |
| July 1 of each thereafter, the Statewide Prioritization | 17 |
| Committee shall hold a public hearing to present to the public | 18 |
| and allow public testimony on the proposed statewide projects. | 19 |
| By September 1, 2008 and by September 1 of each thereafter, the | 20 |
| Statewide Prioritization Committee shall adopt a prioritized | 21 |
| list of proposed statewide projects based upon the Committee's | 22 |
| prioritization scoring system. | 23 |
| (f) By October 15, 2008 and by October 15 of each year | 24 |
| thereafter, the Statewide Prioritization Committee shall meet | 25 |
| to hear public testimony and consider the prioritized lists | 26 |
| developed by each Committee and MPO. By January 15, 2009 and by |
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| January 15 of each year thereafter, the Statewide | 2 |
| Prioritization Committee shall submit to the Governor and | 3 |
| General Assembly a comprehensive project prioritization plan | 4 |
| that: (i) describes the uniform state evaluation criteria and | 5 |
| the prioritization scoring system used by each MPO and | 6 |
| Committee; (ii) includes all of the projects submitted for | 7 |
| consideration by each MPO and Committee; and (iii) prioritizes | 8 |
| all projects for state and federal funding, noting the likely | 9 |
| availability of such funding and any use restrictions | 10 |
| applicable to a fund source. The comprehensive project | 11 |
| prioritization plan shall serve as the annual project program | 12 |
| for the highway, mass transportation, and railroad systems | 13 |
| required to be developed by the Department pursuant to Section | 14 |
| 2705-200 of the Department of Transportation Law in the Civil | 15 |
| Administrative Code of Illinois. | 16 |
| (g) By March 1, 2009 and by March 1 of each year | 17 |
| thereafter, the Statewide Prioritization Committee may, | 18 |
| through a process involving opportunity for public review and | 19 |
| comment, modify any of the following: (i) the uniform statewide | 20 |
| evaluation criteria; (ii) the process for calculating the | 21 |
| benefit/per-capita cost; and (iii) the process for evaluating | 22 |
| and prioritizing projects contained on the MPO and Committee | 23 |
| prioritized lists developed in accordance with this Section. By | 24 |
| March 1, 2009 and by March 1 of each year thereafter, each | 25 |
| District Prioritization Committee and MPO may, through a | 26 |
| process involving opportunity for public review and comment, |
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| modify its weighting system for the uniform statewide | 2 |
| evaluation criteria. Any modification made in accordance with | 3 |
| this subsection shall be immediately provided to the Department | 4 |
| for posting on the website described in Section 25 of this Act, | 5 |
| and the Department shall notify each Committee and MPO of the | 6 |
| modification. | 7 |
| Section 25. Establishment of Department website. Upon the | 8 |
| effective date of this Act, the Department shall mail a copy of | 9 |
| the Act and a description thereof to each MPO, RPC and county | 10 |
| board in the State. Within 60 days after the effective date of | 11 |
| this Act, the Department shall establish a dedicated section of | 12 |
| its website that includes the Act and a description thereof The | 13 |
| Department shall maintain and update the website to include: | 14 |
| (1) The membership of all Committees and MPOs;
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| (2) Meeting notices, agendas, and minutes for all | 16 |
| meetings and hearings required pursuant to this Act;
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| (3) A description of the uniform statewide evaluation | 18 |
| criteria;
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| (4) A description of the prioritization scoring system | 20 |
| used by each Committee and MPO;
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| (5) The prioritized project list adopted by each | 22 |
| Committee and MPO, and the comprehensive project | 23 |
| prioritization plan adopted by the Statewide | 24 |
| Prioritization Committee;
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| (6) A description of opportunities for public comment |
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| and input into the prioritization process; and
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| (7) An email address for members of the public to | 3 |
| submit comments on proposed projects and the comprehensive | 4 |
| project prioritization plan.
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| Section 30. Consideration and implementation of the | 6 |
| Comprehensive Project Prioritization Plan. | 7 |
| (a) Commencing in 2010 and in each year thereafter, the | 8 |
| Chairpersons of the House and Senate committees having | 9 |
| jurisdiction over transportation matters shall, within 14 days | 10 |
| after the Governor's submission of the proposed capital budget, | 11 |
| convene a joint subject matter hearing to consider the | 12 |
| comprehensive project prioritization plan and the impact of the | 13 |
| proposed capital budget on the State's implementation of | 14 |
| projects contained therein.
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| (b) Commencing in 2010 and in each year thereafter, the | 16 |
| Department shall, within 30 days of the adoption of the state | 17 |
| budget, prepare and post on its website a final annual surface | 18 |
| transportation program project listing that allocates | 19 |
| available state funding in accordance with the funding | 20 |
| recommendations and prioritization process set forth in the | 21 |
| comprehensive project prioritization plan. The program project | 22 |
| listings shall specify all projects included in the | 23 |
| comprehensive project prioritization plan but not included in | 24 |
| the final project listings due to funding limitations.
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| (c) The comprehensive project prioritization plan shall |
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| serve as the basis for the Department's draft and final STIP. | 2 |
| The draft and final STIP may not include any projects that were | 3 |
| not included in the most recent comprehensive project | 4 |
| prioritization plan.
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| (d) The Department's master plan and 5-year project | 6 |
| programs published and delivered to the Governor and General | 7 |
| Assembly in accordance with subsection 2705-200(a) of the Civil | 8 |
| Administrative Code shall include an analysis of the three most | 9 |
| recent comprehensive project prioritization plans, and shall | 10 |
| identify priority transportation subsystems and critical | 11 |
| system components based upon the prioritization and funding | 12 |
| recommendations contained in the 3 most recent comprehensive | 13 |
| project prioritization plans.
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| Section 35. Rules. The Department may adopt any rules that | 15 |
| it deems necessary to administer the terms and provisions of | 16 |
| this Act. | 17 |
| Section 90. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 19 |
| Section 2705-200 as follows:
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| (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
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| Sec. 2705-200. Master plan; reporting requirements.
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| (a) The Department has the power to develop and maintain a | 23 |
| continuing,
comprehensive, and integrated planning process |
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| that shall develop and
periodically revise a statewide master | 2 |
| plan for transportation to guide program
development and to | 3 |
| foster efficient and economical transportation services in
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| ground, air, water, and
all other modes of transportation | 5 |
| throughout the State. The Department
shall coordinate its | 6 |
| transportation planning activities with those of other
State | 7 |
| agencies and authorities and shall supervise and review any
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| transportation planning performed by other Executive agencies | 9 |
| under the
direction of the Governor. The Department shall | 10 |
| cooperate and participate
with federal, regional, interstate, | 11 |
| State, and local agencies, in accordance
with Sections 5-301 | 12 |
| and 7-301 of the Illinois Highway Code, and with
interested | 13 |
| private individuals and organizations in the coordination of
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| plans and policies for development of the state's | 15 |
| transportation system.
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| To meet the provisions of this Section, the Department | 17 |
| shall publish and
deliver to the Governor and General Assembly | 18 |
| by January 1, 1982 and every 2
years thereafter, its master | 19 |
| plan for highway, waterway, aeronautic, mass
transportation, | 20 |
| and railroad systems. The plan shall identify priority
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| subsystems or components of each system that are critical to | 22 |
| the economic and
general welfare of this State regardless of | 23 |
| public jurisdictional
responsibility or private ownership.
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| The master plan shall provide particular emphasis and | 25 |
| detail of at least the 5-year
period in the immediate future.
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| Annual and 5-year, or longer, project programs for each |
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| State system in this Section
shall , through and including 2009,
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| be published and furnished the General Assembly on the first | 3 |
| Wednesday
in April of each year. Commencing in 2010 and in each | 4 |
| year thereafter, the annual and 5-year project programs for | 5 |
| each State system must be published and furnished to the | 6 |
| General Assembly by January 15.
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| Identified needs included in the project programs shall be | 8 |
| listed and
mapped in a distinctive fashion to clearly identify | 9 |
| the priority status
of the projects: (1) projects to be | 10 |
| committed for execution; (2) tentative
projects that are | 11 |
| dependent upon funding or other constraints; and (3) needed
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| projects that are not programmed due to lack of funding or | 13 |
| other constraints.
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| All projects shall be related to the priority systems of | 15 |
| the master plan,
and the priority criteria identified. Cost and | 16 |
| estimated completion dates
shall be included for work required | 17 |
| to complete a useable segment or component
beyond the
period of | 18 |
| the program.
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| (b) Through and including 2009, the
The Department shall | 20 |
| publish and deliver to the Governor and General
Assembly on the | 21 |
| first Wednesday in April of each year a 5-year, or longer, | 22 |
| Highway
Improvement Program reporting
the number of fiscal | 23 |
| years each project has been on previous
plans submitted by the | 24 |
| Department. Commencing in 2010 and in each year thereafter, the | 25 |
| annual and 5-year project programs for each State system must | 26 |
| be published and furnished to the General Assembly by January |
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| 15.
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| (c) The Department shall publish and deliver to the | 3 |
| Governor and the General
Assembly by November 1 of each year a | 4 |
| For the Record report that shall include
the following:
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| (1) All the projects accomplished in the previous | 6 |
| fiscal year
listed by each Illinois Department of | 7 |
| Transportation District.
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| (2) The award cost and the beginning
dates of each | 9 |
| listed project.
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| (Source: P.A. 94-91, eff. 7-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
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