Illinois General Assembly - Full Text of SB3216
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Full Text of SB3216  97th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Finance Act is amended by adding
5Section 5.811 as follows:
6    (30 ILCS 105/5.811 new)
7    Sec. 5.811. The Public-Private Partnerships for
8Transportation Fund.
9    Section 10. The Public-Private Partnerships for
10Transportation Act is amended by changing Sections 10, 15, 20,
1125, 35, 40, and 45 and by adding Section 90 as follows:
12    (630 ILCS 5/10)
13    Sec. 10. Definitions. As used in this Act:
14    "Approved proposal" means the proposal that is approved by
15the transportation agency pursuant to subsection (j) (e) of
16Section 20 of this Act.
17    "Approved proposer" means the private entity whose
18proposal is the approved proposal.
19    "Authority" means the Illinois State Toll Highway
21    "Contractor" means a private entity that has entered into a



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1public-private agreement with the transportation agency to
2provide services to or on behalf of the transportation agency.
3    "Department" means the Illinois Department of
5    "Design-build agreement" means the agreement between the
6selected private entity and the transportation agency under
7which the selected private entity agrees to furnish design,
8construction, and related services for a transportation
9facility under this Act.
10    "Develop" or "development" means to do one or more of the
11following: plan, design, develop, lease, acquire, install,
12construct, reconstruct, rehabilitate, extend, or expand.
13    "Maintain" or "maintenance" includes ordinary maintenance,
14repair, rehabilitation, capital maintenance, maintenance
15replacement, and any other categories of maintenance that may
16be designated by the transportation agency.
17    "Metropolitan planning organization" means a metropolitan
18planning organization designated under 23 U.S.C. Section 134
19whose metropolitan planning area boundaries are partially or
20completely within the State.
21    "Operate" or "operation" means to do one or more of the
22following: maintain, improve, equip, modify, or otherwise
24    "Private entity" means any combination of one or more
25individuals, corporations, general partnerships, limited
26liability companies, limited partnerships, joint ventures,



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1business trusts, nonprofit entities, or other business
2entities that are parties to a proposal for a transportation
3project or an agreement related to a transportation project. A
4public agency may provide services to a contractor as a
5subcontractor or subconsultant without affecting the private
6status of the private entity and the ability to enter into a
7public-private agreement. A transportation agency is not a
8private entity.
9    "Proposal" means all materials and documents prepared by or
10on behalf of a private entity relating to the proposed
11development, financing, or operation of a transportation
12facility as a transportation project.
13    "Proposer" means a private entity that has submitted a
14proposal or statement of qualifications for a public-private
15agreement in response to a request for proposals or a request
16for qualifications issued by a transportation agency under this
18    "Public-private agreement" means the public-private
19agreement between the contractor and the transportation agency
20relating to one or more of the development, financing, or
21operation of a transportation project that is entered into
22under this Act.
23    "Request for information" means all materials and
24documents prepared by or on behalf of the transportation agency
25to solicit information from private entities with respect to
26transportation projects.



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1    "Request for proposals" means all materials and documents
2prepared by or on behalf of the transportation agency to
3solicit proposals from private entities to enter into a
4public-private agreement.
5    "Request for qualifications" means all materials and
6documents prepared by or on behalf of the transportation agency
7to solicit statements of qualification from private entities to
8enter into a public-private agreement.
9    "Revenues" means all revenues, including any combination
10of: income; earnings and interest; user fees; lease payments;
11allocations; federal, State, and local appropriations, grants,
12loans, lines of credit, and credit guarantees; bond proceeds;
13equity investments; service payments; or other receipts;
14arising out of or in connection with a transportation project,
15including the development, financing, and operation of a
16transportation project. The term includes money received as
17grants, loans, lines of credit, credit guarantees, or otherwise
18in aid of a transportation project from the federal government,
19the State, a unit of local government, or any agency or
20instrumentality of the federal government, the State, or a unit
21of local government.
22    "Shortlist" means the process by which a transportation
23agency will review, evaluate, and rank statements of
24qualifications submitted in response to a request for
25qualifications and then identify the proposers who are eligible
26to submit a detailed proposal in response to a request for



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1proposals. The identified proposers constitute the shortlist
2for the transportation project to which the request for
3proposals relates.
4    "Transportation agency" means (i) the Department or (ii)
5the Authority.
6    "Transportation facility" means any new or existing road,
7highway, toll highway, bridge, tunnel, intermodal facility,
8intercity or high-speed passenger rail, or other
9transportation facility or infrastructure, excluding airports,
10under the jurisdiction of the Department or the Authority,
11except those facilities for the Illiana Expressway. The term
12"transportation facility" may refer to one or more
13transportation facilities that are proposed to be developed or
14operated as part of a single transportation project.
15    "Transportation project" or "project" means any or the
16combination of the development, financing, or operation with
17respect to all or a portion of any transportation facility
18under the jurisdiction of the transportation agency, except
19those facilities for the Illiana Expressway, undertaken
20pursuant to this Act.
21    "Unit of local government" has the meaning ascribed to that
22term in Article VII, Section 1 of the Constitution of the State
23of Illinois and also means any unit designated as a municipal
25    "User fees" or "tolls" means the rates, tolls, fees, or
26other charges imposed by the contractor for use of all or a



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1portion of a transportation project under a public-private
3(Source: P.A. 97-502, eff. 8-23-11.)
4    (630 ILCS 5/15)
5    Sec. 15. Formation of public-private agreements; project
7    (a) Each transportation agency may exercise the powers
8granted by this Act to do some or all to develop, finance, and
9operate any part of one or more transportation projects through
10public-private agreements with one or more private entities,
11except for transportation projects for the Illiana Expressway
12as defined in the Public Private Agreements for the Illiana
13Expressway Act. The net proceeds, if any, arising out of a
14transportation project or public-private agreement undertaken
15by the Department pursuant to this Act shall be deposited into
16the Public-Private Partnerships for Transportation State
17Construction Account Fund. The net proceeds arising out of a
18transportation project or public-private agreement undertaken
19by the Authority pursuant to this Act shall be deposited into
20the Illinois State Toll Highway Authority Fund and shall be
21used only as authorized by Section 23 of the Toll Highway Act.
22    (b) The Authority shall not enter into a public-private
23agreement involving a lease or other transfer of any toll
24highway, or portions thereof, under the Authority's
25jurisdiction which were open to vehicular traffic on the



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1effective date of this Act. The Authority shall not enter into
2a public-private agreement for the purpose of making roadway
3improvements, including but not limited to reconstruction,
4adding lanes, and adding ramps, to any toll highway, or
5portions thereof, under the Authority's jurisdiction which
6were open to vehicular traffic on the effective date of this
7Act. The Authority shall not use any revenue generated by any
8toll highway, or portions thereof, under the Authority's
9jurisdiction which were open to vehicular traffic on the
10effective date of this Act to enter into or provide funding for
11a public-private agreement. The Authority shall not use any
12asset, or the proceeds from the sale or lease of any such
13asset, which was owned by the Authority on the effective date
14of this Act to enter into or provide funding for a
15public-private agreement. The Authority may enter into a
16public-private partnership to develop, finance, and operate
17new toll highways authorized by the Governor and the General
18Assembly pursuant to Section 14.1 of the Toll Highway Act,
19non-highway transportation projects on the toll highway system
20such as commuter rail or high-speed rail lines, and intelligent
21transportation infrastructure that will enhance the safety,
22efficiency, and environmental quality of the toll highway
23system. The Authority may operate or provide operational
24services such as toll collection on highways which are
25developed or financed, or both, through a public-private
26agreement entered into by another public entity, under an



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1agreement with the public entity or contractor responsible for
2the transportation project.
3    (c) A contractor has:
4        (1) all powers allowed by law generally to a private
5    entity having the same form of organization as the
6    contractor; and
7        (2) the power to develop, finance, and operate the
8    transportation facility and to impose user fees in
9    connection with the use of the transportation facility,
10    subject to the terms of the public-private agreement.
11    No tolls or user fees may be imposed by the contractor
12except as set forth in a public-private agreement.
13    (d) Each year, at least 30 days prior to the beginning of
14the transportation agency's fiscal year, and at other times the
15transportation agency deems necessary, the Department and the
16Authority shall submit for review to the General Assembly a
17description of potential projects that the transportation
18agency is considering undertaking under this Act. Any
19submission from the Authority shall indicate which of its
20potential projects, if any, will involve the proposer operating
21the transportation facility for a period of one year or more.
22Prior to the issuance of any request for qualifications or
23request for proposals with respect to any potential project
24undertaken by the Department or the Authority pursuant to
25Section 20 of this Act, the commencement of a procurement
26process for that particular potential project shall be



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1authorized by joint resolution of the General Assembly.
2    (e) Each year, at least 30 days prior to the beginning of
3the transportation agency's fiscal year, the transportation
4agency shall submit a description of potential projects that
5the transportation agency is considering undertaking under
6this Act to each county, municipality, and metropolitan
7planning organization, with respect to each project located
8within its boundaries.
9    (f) Any project undertaken under this Act shall be subject
10to all applicable planning requirements otherwise required by
11law, including land use planning, regional planning,
12transportation planning, and environmental compliance
14    (g) Any new transportation facility developed as a project
15under this Act must be consistent with the regional plan then
16in existence of any metropolitan planning organization in whose
17boundaries the project is located.
18    (h) The transportation agency shall hold one or more public
19hearings within 30 days of each of its submittals to the
20General Assembly under subsection (d) of this Section. These
21public hearings shall address potential projects that the
22transportation agency submitted to the General Assembly for
23review under subsection (d). The transportation agency shall
24publish a notice of the hearing or hearings at least 7 days
25before a hearing takes place, and shall include the following
26in the notice: (i) the date, time, and place of the hearing and



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1the address of the transportation agency; (ii) a brief
2description of the potential projects that the transportation
3agency is considering undertaking; and (iii) a statement that
4the public may comment on the potential projects.
5(Source: P.A. 97-502, eff. 8-23-11.)
6    (630 ILCS 5/20)
7    Sec. 20. Procurement process.
8    (a) A transportation agency seeking to enter into a
9public-private partnership with a private entity for the
10development, finance, and operation of a transportation
11facility as a transportation project shall determine and set
12forth the criteria for the selection process. The
13transportation agency shall use (i) a competitive sealed
14bidding process, (ii) a competitive sealed proposal process, or
15(iii) a design-build procurement process in accordance with
16Section 25 of this Act. Before using one of these processes the
17transportation agency may use a request for information to
18obtain information relating to possible public-private
20    (b) If a transportation project will require the
21performance of design work, the transportation agency shall use
22the shortlist selection process set forth in subsection (g) of
23this Section to evaluate and shortlist private entities based
24on qualifications, including but not limited to design



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1    A request for qualifications, request for proposals, or
2public-private agreement awarded to a contractor for a
3transportation project shall require that any subsequent need
4for architectural, engineering, or land surveying services
5which arises after the submittal of the request for
6qualifications or request for proposals or the awarding of the
7public-private agreement shall be procured by the contractor
8using a qualifications-based selection process consisting of:
9        (1) the publication of notice of availability of
10    services;
11        (2) a statement of desired qualifications;
12        (3) an evaluation based on the desired qualifications;
13        (4) the development of a shortlist ranking the firms in
14    order of qualifications; and
15        (5) negotiations with the ranked firms for a fair and
16    reasonable fee.
17Compliance with the Architectural, Engineering, and Land
18Surveying Qualifications Based Selection Act shall be deemed
19prima facie compliance with this subsection (b). Every
20transportation project contract shall include provisions
21setting forth the requirements of this subsection (b).
22    (c) Prior to commencing a procurement for a transportation
23project under this Act, the transportation agency shall notify
24any other applicable public agency, including the Authority, in
25all cases involving toll facilities where the Department would
26commence the procurement, of its interest in undertaking the



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1procurement and shall provide the other public agency or
2agencies with an opportunity to offer to develop and implement
3the transportation project. The transportation agency shall
4supply the other public agency or agencies with no less than
5the same level and type of information concerning the project
6that the transportation agency would supply to private entities
7in the procurement, unless that information is not then
8available, in which case the transportation agency shall supply
9the other public agency or agencies with the maximum amount of
10relevant information about the project as is then reasonably
11available. The transportation agency shall make available to
12the other public agencies the same subsidies, benefits,
13concessions, and other consideration that it intends to make
14available to the private entities in the procurement.
15    The public agencies shall have a maximum period of 60 days
16to review the information about the proposed transportation
17project and to respond to the transportation agency in writing
18to accept or reject the opportunity to develop and implement
19the transportation project. If a public agency rejects the
20opportunity during the 60-day period, then the public agency
21may not participate in the procurement for the proposed
22transportation project by submitting a proposal of its own. If
23a public agency fails to accept or reject this opportunity in
24writing within the 60-day period, it shall be deemed to have
25rejected the opportunity.
26    If a public agency accepts the opportunity within the



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160-day period, then the public agency shall have up to 120 days
2(or a longer period, if extended by the transportation agency),
3to (i) submit to the transportation agency a reasonable plan
4for development of the transportation project; (ii) if
5applicable, make an offer of reasonable consideration for the
6opportunity to undertake the transportation project; and (iii)
7negotiate a mutually acceptable intergovernmental agreement
8with the transportation agency that facilitates the
9development of the transportation project and requires that the
10transportation agency follow its procurement procedures under
11the Illinois Procurement Code and applicable rules rather than
12this Act. In considering whether a public agency's plan for
13developing and implementing the project is reasonable, the
14transportation agency shall consider the public agency's
15history of developing and implementing similar projects, the
16public agency's current capacity to develop and implement the
17proposed project, the user charges, if any, contemplated by the
18public agency's plan and how these user charges compare with
19user charges that would be imposed by a private entity
20developing and implementing the same project, the project
21delivery schedule proposed by the public agency, and other
22reasonable factors that are necessary, including consideration
23of risks and whether subsidy costs may be reduced, to determine
24whether development and implementation of the project by the
25public agency is in the best interest of the people of this



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1    (d) If the transportation agency rejects or fails to
2negotiate mutually acceptable terms regarding a public
3agency's plan for developing and implementing the
4transportation project during the 120-day period described in
5subsection (c), then the public agency may not participate in
6the procurement for the proposed transportation project by
7submitting a proposal of its own. Following a rejection or
8failure to reach agreement regarding a public agency's plan, if
9the transportation agency later proceeds with a procurement in
10which it materially changes (i) the nature or scope of the
11project; (ii) any subsidies, benefits, concessions, or other
12significant project-related considerations made available to
13the bidders; or (iii) any other terms of the project, as
14compared to when the transportation agency supplied
15information about the project to public agencies under
16subsection (c), then the transportation agency shall give
17public agencies another opportunity in accordance with
18subsection (c) to provide proposals for developing and
19implementing the project.
20    (e) Nothing in this Section 20 requires a transportation
21agency to go through a procurement process prior to developing
22and implementing a project through a public agency as described
23in subsection (c).
24    The selection of professional design firms by a
25transportation agency or private entity shall comply with the
26Architectural, Engineering, and Land Surveying Qualifications



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1Based Selection Act or Section 25 of this Act.
2    Nothing in this Act shall preclude a public agency,
3including the Department or the Authority, from submitting a
4proposal to develop or operate, or to develop and operate, a
5transportation facility as a transportation project. The
6transportation agency shall give a proposal submitted by a
7public agency equal consideration as it gives proposals
8submitted by private entities, and, for that purpose, treat the
9public agency as a private entity.
10    (f) All procurement processes shall incorporate
11requirements and set forth goals for participation by
12disadvantaged business enterprises as allowed under State and
13federal law.
14    (g) (b) The transportation agency shall establish a process
15to shortlist for prequalification of all potential private
16entities. The transportation agency shall: (i) provide a public
17notice of the shortlisting prequalification process for such
18period as deemed appropriate by the agency; (ii) set forth
19requirements and evaluation criteria in a request for
20qualifications order to become prequalified; (iii) develop a
21shortlist by determining determine which private entities that
22have submitted statements of qualification prequalification
23applications, if any, meet the minimum requirements and best
24satisfy the evaluation criteria set forth in the request for
25qualifications; and (iv) allow only those entities, or groups
26of entities such as unincorporated joint ventures, that have



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1been shortlisted prequalified to submit proposals or bids.
2Throughout the procurement period and as necessary following
3the award of a contract, the The transportation agency shall
4make publicly available on its website during the request for
5qualifications period information regarding firms that are
6prequalified by the transportation agency pursuant to Section
720 of the Architectural, Engineering, and Land Surveying
8Qualifications Based Selection Act to provide architectural,
9engineering, and land surveying services. The transportation
10agencies and shall require private entities to use firms
11prequalified under this Act to provide architectural,
12engineering, and land surveying services. Firms identified to
13provide architectural, engineering, and land surveying
14services in a statement of qualifications shall be prequalified
15under the Act to provide the identified services prior to the
16transportation agency's award of the contract the use of such
17firms for such services.
18    (h) (c) Competitive sealed bidding requirements:
19        (1) All contracts shall be awarded by competitive
20    sealed bidding except as otherwise provided in subsection
21    (i) (d) of this Section and Section 25 of this Act.
22        (2) An invitation for bids shall be issued and shall
23    include a description of the public-private partnership
24    with a private entity for the development, finance, and
25    operation of a transportation facility as a transportation
26    project, and the material contractual terms and conditions



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1    applicable to the procurement.
2        (3) Public notice of the invitation for bids shall be
3    published in the State of Illinois Procurement Bulletin at
4    least 21 days before the date set in the invitation for the
5    opening of bids.
6        (4) Bids shall be opened publicly in the presence of
7    one or more witnesses at the time and place designated in
8    the invitation for bids. The name of each bidder, the
9    amount of each bid, and other relevant information as may
10    be specified by rule shall be recorded. After the award of
11    the contract, the winning bid and the record of each
12    unsuccessful bid shall be open to public inspection.
13        (5) Bids shall be unconditionally accepted without
14    alteration or correction, except as authorized in this Act.
15    Bids shall be evaluated based on the requirements set forth
16    in the invitation for bids, which may include criteria to
17    determine acceptability such as inspection, testing,
18    quality, workmanship, delivery, and suitability for a
19    particular purpose. Those criteria that will affect the bid
20    price and be considered in evaluation for award, such as
21    discounts, transportation costs, and total or life cycle
22    costs, shall be objectively measurable. The invitation for
23    bids shall set forth the evaluation criteria to be used.
24        (6) Correction or withdrawal of inadvertently
25    erroneous bids before or after award, or cancellation of
26    awards of contracts based on bid mistakes, shall be



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1    permitted in accordance with rules. After bid opening, no
2    changes in bid prices or other provisions of bids
3    prejudicial to the interest of the State or fair
4    competition shall be permitted. All decisions to permit the
5    correction or withdrawal of bids based on bid mistakes
6    shall be supported by written determination made by the
7    transportation agency.
8        (7) The contract shall be awarded with reasonable
9    promptness by written notice to the lowest responsible and
10    responsive bidder whose bid meets the requirements and
11    criteria set forth in the invitation for bids, except when
12    the transportation agency determines it is not in the best
13    interest of the State and by written explanation determines
14    another bidder shall receive the award. The explanation
15    shall appear in the appropriate volume of the State of
16    Illinois Procurement Bulletin. The written explanation
17    must include:
18            (A) a description of the agency's needs;
19            (B) a determination that the anticipated cost will
20        be fair and reasonable;
21            (C) a listing of all responsible and responsive
22        bidders; and
23            (D) the name of the bidder selected, pricing, and
24        the reasons for selecting that bidder.
25        (8) When it is considered impracticable to initially
26    prepare a purchase description to support an award based on



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1    price, an invitation for bids may be issued requesting the
2    submission of unpriced offers to be followed by an
3    invitation for bids limited to those bidders whose offers
4    have been qualified under the criteria set forth in the
5    first solicitation.
6    (i) (d) Competitive sealed proposal requirements:
7        (1) When the transportation agency determines in
8    writing that the use of competitive sealed bidding or
9    design-build procurement is either not practicable or not
10    advantageous to the State, a contract may be entered into
11    by competitive sealed proposals.
12        (2) Proposals shall be solicited through a request for
13    proposals.
14        (3) Public notice of the request for proposals shall be
15    published in the State of Illinois Procurement Bulletin at
16    least 21 days before the date set in the invitation for the
17    opening of proposals.
18        (4) Proposals shall be opened publicly in the presence
19    of one or more witnesses at the time and place designated
20    in the request for proposals, but proposals shall be opened
21    in a manner to avoid disclosure of contents to competing
22    offerors during the process of negotiation. A record of
23    proposals shall be prepared and shall be open for public
24    inspection after contract award.
25        (5) The requests for proposals shall state the relative
26    importance of price and other evaluation factors.



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1    Proposals shall be submitted in 2 parts: (i) covering items
2    except price; and (ii) covering price. The first part of
3    all proposals shall be evaluated and ranked independently
4    of the second part of all proposals.
5        (6) As provided in the request for proposals and under
6    any applicable rules, discussions may be conducted with
7    responsible offerors who submit proposals determined to be
8    reasonably susceptible of being selected for award for the
9    purpose of clarifying and assuring full understanding of
10    and responsiveness to the solicitation requirements. Those
11    offerors shall be accorded fair and equal treatment with
12    respect to any opportunity for discussion and revision of
13    proposals. Revisions may be permitted after submission and
14    before award for the purpose of obtaining best and final
15    offers. In conducting discussions there shall be no
16    disclosure of any information derived from proposals
17    submitted by competing offerors. If information is
18    disclosed to any offeror, it shall be provided to all
19    competing offerors.
20        (7) Awards shall be made to the responsible offeror
21    whose proposal is determined in writing to be the most
22    advantageous to the State, taking into consideration price
23    and the evaluation factors set forth in the request for
24    proposals. The contract file shall contain the basis on
25    which the award is made.
26    (j) (e) In the case of a proposal or proposals to the



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1Department or the Authority, the transportation agency shall
2determine, based on its review and evaluation of the proposal
3or proposals received in response to the request for proposals,
4which one or more proposals, if any, best serve the public
5purpose of this Act and satisfy the criteria set forth in the
6request for proposals and, with respect to such proposal or
7proposals, shall:
8        (1) submit the proposal or proposals to the Commission
9    on Government Forecasting and Accountability, which,
10    within 20 days of submission by the transportation agency,
11    shall complete a review of the proposal or proposals and
12    report on the value of the proposal or proposals to the
13    State;
14        (2) hold one or more public hearings on the proposal or
15    proposals, publish notice of the hearing or hearings at
16    least 7 days before the hearing, and include the following
17    in the notice: (i) the date, time, and place of the hearing
18    and the address of the transportation agency, (ii) the
19    subject matter of the hearing, (iii) a description of the
20    agreement to be awarded, (iv) the determination made by the
21    transportation agency that such proposal or proposals best
22    serve the public purpose of this Act and satisfy the
23    criteria set forth in the request for proposals, and (v)
24    that the public may be heard on the proposal or proposals
25    during the public hearing; and
26        (3) determine whether or not to recommend to the



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1    Governor that the Governor approve the proposal or
2    proposals.
3    The Governor may approve one or more proposals recommended
4by the Department or the Authority based upon the review,
5evaluation, and recommendation of the transportation agency,
6the review and report of the Commission on Government
7Forecasting and Accountability, the public hearing, and the
8best interests of the State.
9    (k) (f) In addition to any other rights under this Act, in
10connection with any procurement under this Act, the following
11rights are reserved to each transportation agency:
12        (1) to withdraw a request for information, a request
13    for qualifications, or a request for proposals at any time,
14    and to publish a new request for information, request for
15    qualifications, or request for proposals;
16        (2) to not approve a proposal for any reason;
17        (3) to not award a public-private agreement for any
18    reason;
19        (4) to request clarifications to any statement of
20    information, qualifications, or proposal received, to seek
21    one or more revised proposals or one or more best and final
22    offers, or to conduct negotiations with one or more private
23    entities that have submitted proposals;
24        (5) to modify, during the pendency of a procurement,
25    the terms, provisions, and conditions of a request for
26    information, request for qualifications, or request for



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1    proposals or the technical specifications or form of a
2    public-private agreement;
3        (6) to interview proposers; and
4        (7) any other rights available to the transportation
5    agency under applicable law and regulations.
6    (l) (g) If a proposal is approved, the transportation
7agency shall execute the public-private agreement, publish
8notice of the execution of the public-private agreement on its
9website and in a newspaper or newspapers of general circulation
10within the county or counties in which the transportation
11project is to be located, and publish the entire agreement on
12its website. Any action to contest the validity of a
13public-private agreement entered into under this Act must be
14brought no later than 60 days after the date of publication of
15the notice of execution of the public-private agreement.
16    (m) (h) For any transportation project with an estimated
17construction cost of over $50,000,000, the transportation
18agency may also require the approved proposer to pay the costs
19for an independent audit of any and all traffic and cost
20estimates associated with the approved proposal, as well as a
21review of all public costs and potential liabilities to which
22taxpayers could be exposed (including improvements to other
23transportation facilities that may be needed as a result of the
24approved proposal, failure by the approved proposer to
25reimburse the transportation agency for services provided, and
26potential risk and liability in the event the approved proposer



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1defaults on the public-private agreement or on bonds issued for
2the project). If required by the transportation agency, this
3independent audit must be conducted by an independent
4consultant selected by the transportation agency, and all
5information from the review must be fully disclosed.
6    (n) (i) The transportation agency may also apply for,
7execute, or endorse applications submitted by private entities
8to obtain federal credit assistance for qualifying projects
9developed or operated pursuant to this Act.
10(Source: P.A. 97-502, eff. 8-23-11.)
11    (630 ILCS 5/25)
12    Sec. 25. Design-build procurement.
13    (a) This Section 25 shall apply only to transportation
14projects for which the Department or the Authority intends to
15execute a design-build agreement, in which case the Department
16or the Authority shall abide by the requirements and procedures
17of this Section 25 in addition to other applicable requirements
18and procedures set forth in this Act.
19    (b)(1) The transportation agency must issue a notice of
20intent to receive proposals for the project at least 14 days
21before issuing the request for the qualifications. The
22transportation agency must publish the advance notice in a
23daily newspaper of general circulation in the county where the
24transportation agency is located. The transportation agency is
25encouraged to use publication of the notice in related



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1construction industry service publications. A brief
2description of the proposed procurement must be included in the
3notice. The transportation agency must provide a copy of the
4request for qualifications to any party requesting a copy.
5    (2) The request for qualifications shall be prepared for
6each project and must contain, without limitation, the
7following information: (i) the name of the transportation
8agency; (ii) a preliminary schedule for the completion of the
9contract; (iii) the proposed budget for the project and , the
10source of funds, to the extent not already reflected in the
11Department's Multi-Year Highway Improvement Program and the
12currently available funds at the time the request for proposal
13is submitted; (iv) the shortlisting process prequalification
14criteria for design-build entities or groups of entities such
15as unincorporated joint ventures wishing to submit proposals
16(the transportation agency shall include, at a minimum, its
17normal prequalification, licensing, registration, and other
18requirements, but nothing contained herein precludes the use of
19additional prequalification criteria by the transportation
20agency); (v) a summary of anticipated material requirements of
21the contract, including but not limited to, the proposed terms
22and conditions, required performance and payment bonds,
23insurance, and the entity's plan to comply with the utilization
24goals established by the corporate authorities of the
25transportation agency for minority and women business
26enterprises and compliance to comply with Section 2-105 of the



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1Illinois Human Rights Act; and (vi) the performance criteria;
2(vii) the evaluation criteria for each phase of the
3solicitation; and (viii) the anticipated number of entities
4that will be shortlisted considered for the request for
5proposals phase.
6    (3) The transportation agency may include any other
7relevant information in the request for qualifications that it
8chooses to supply. The private entity shall be entitled to rely
9upon the accuracy of this documentation in the development of
10its statement of qualifications and its proposal only to the
11extent expressly warranted by the transportation agency.
12    (4) The date that statements of qualifications are due must
13be at least 21 calendar days after the date of the issuance of
14the request for qualifications. In the event the cost of the
15project is estimated to exceed $12,000,000, then the statement
16of qualifications due date must be at least 28 calendar days
17after the date of the issuance of the request for
18qualifications. The transportation agency shall include in the
19request for proposals a minimum of 30 days to develop the
20proposals after the selection of entities from the evaluation
21of the statements of qualifications is completed.
22    (c)(1) The transportation agency shall develop, with the
23assistance of a licensed design professional, the request for
24qualifications and the request for proposals, which shall
25include scope and performance criteria. The scope and
26performance criteria must be in sufficient detail and contain



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1adequate information to reasonably apprise the private
2entities of the transportation agency's overall programmatic
3needs and goals, including criteria and preliminary design
4plans, general budget parameters, schedule, and delivery
6    (2) Each request for qualifications and request for
7proposals shall also include a description of the level of
8design to be provided in the proposals. This description must
9include the scope and type of renderings, drawings, and
10specifications that, at a minimum, will be required by the
11transportation agency to be produced by the private entities.
12    (3) The scope and performance criteria shall be prepared by
13a design professional who is an employee of the transportation
14agency, or the transportation agency may contract with an
15independent design professional selected under the
16Architectural, Engineering, and Land Surveying Qualifications
17Based Selection Act to provide these services.
18    (4) The design professional that prepares the scope and
19performance criteria is prohibited from participating in any
20private entity proposal for the project.
21    (d)(1) The transportation agency must use a two phase
22procedure for the selection of the successful design-build
23entity. The request for qualifications phase will evaluate and
24shortlist the private entities based on qualifications, and the
25request for proposals will evaluate the technical and cost



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1    (2) The transportation agency shall include in the request
2for qualifications the evaluating factors to be used in the
3request for qualifications phase. These factors are in addition
4to any prequalification requirements of private entities that
5the transportation agency has set forth. Each request for
6qualifications shall establish the relative importance
7assigned to each evaluation factor and subfactor, including any
8weighting of criteria to be employed by the transportation
9agency. The transportation agency must maintain a record of the
10evaluation scoring to be disclosed in event of a protest
11regarding the solicitation.
12    The transportation agency shall include the following
13criteria in every request for qualifications phase evaluation
14of private entities: (i) experience of personnel; (ii)
15successful experience with similar project types; (iii)
16financial capability; (iv) timeliness of past performance; (v)
17experience with similarly sized projects; (vi) successful
18reference checks of the firm; (vii) commitment to assign
19personnel for the duration of the project and qualifications of
20the entity's consultants; and (viii) ability or past
21performance in meeting or exhausting good faith efforts to meet
22the utilization goals for business enterprises established in
23the Business Enterprise for Minorities, Females, and Persons
24with Disabilities Act and in complying with Section 2-105 of
25the Illinois Human Rights Act. No proposal shall be considered
26that does not include an entity's plan to comply with the



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1requirements regarding established in the minority and women
2business enterprises and economically disadvantaged firms
3established by the corporate authorities of the transportation
4agency and with Section 2-105 of the Illinois Human Rights Act.
5The transportation agency may include any additional relevant
6criteria in the request for qualifications phase that it deems
7necessary for a proper qualification review.
8    Upon completion of the qualifications evaluation, the
9transportation agency shall create a shortlist of the most
10highly qualified private entities.
11    The transportation agency shall notify the entities
12selected for the shortlist in writing. This notification shall
13commence the period for the preparation of the request for
14proposals phase technical and cost evaluations. The
15transportation agency must allow sufficient time for the
16shortlist entities to prepare their proposals considering the
17scope and detail requested by the transportation agency.
18    (3) The transportation agency shall include in the request
19for proposals the evaluating factors to be used in the
20technical and cost submission components. Each request for
21proposals shall establish, for both the technical and cost
22submission components, the relative importance assigned to
23each evaluation factor and subfactor, including any weighting
24of criteria to be employed by the transportation agency. The
25transportation agency must maintain a record of the evaluation
26scoring to be disclosed in event of a protest regarding the



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2    The transportation agency shall include the following
3criteria in every request for proposals phase technical
4evaluation of private entities: (i) compliance with objectives
5of the project; (ii) compliance of proposed services to the
6request for proposal requirements; (iii) compliance with the
7request for proposal requirements quality of products or
8materials proposed; (iv) quality of design parameters; and (v)
9design concepts; (vi) innovation in meeting the scope and
10performance criteria; and (vii) constructability of the
11proposed project. The transportation agency may include any
12additional relevant technical evaluation factors it deems
13necessary for proper selection.
14    The transportation agency shall include the following
15criteria in every request for proposals phase cost evaluation:
16the total project cost and the time of completion. The
17transportation agency may include any additional relevant
18technical evaluation factors it deems necessary for proper
19selection. The guaranteed maximum project cost criteria
20weighing factor shall not exceed 30%.
21    The transportation agency shall directly employ or retain a
22licensed design professional to evaluate the technical and cost
23submissions to determine if the technical submissions are in
24accordance with generally accepted industry standards.
25    (e) Statements of qualifications and proposals must be
26properly identified and sealed. Statements of qualifications



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1and proposals may not be reviewed until after the deadline for
2submission has passed as set forth in the request for
3qualifications or the request for proposals. All private
4entities submitting statements of qualifications or proposals
5shall be disclosed after the deadline for submission, and all
6private entities who are selected for request for proposals
7phase evaluation shall also be disclosed at the time of that
9    Design-build Phase II design-build proposals shall include
10a bid bond in the form and security as designated in the
11request for proposals. Proposals shall also contain a separate
12sealed envelope with the cost information within the overall
13proposal submission. Proposals shall include a list of all
14design professionals and other entities to which any work
15identified in Section 30-30 of the Illinois Procurement Code as
16a subdivision of construction work may be subcontracted during
17the performance of the contract to the extent known at the time
18of proposal. If the information is not known at the time of
19proposal, then the design-build agreement shall require the
20identification prior to a previously unlisted subcontractor
21commencing work on the transportation project.
22    Statements of qualifications and proposals must meet all
23material requirements of the request for qualifications or
24request for proposals, or else they may be rejected as
25non-responsive. The transportation agency shall have the right
26to reject any and all statements of qualifications and



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2    The private entity's proprietary intellectual property
3contained in the drawings and specifications of any
4unsuccessful statement of qualifications or proposal shall
5remain the property of the private entity.
6    The transportation agency shall review the statements of
7qualifications and the proposals for compliance with the
8performance criteria and evaluation factors.
9    Statements of qualifications and proposals may be
10withdrawn prior to the due date and time for submissions for
11any cause. After evaluation begins by the transportation
12agency, clear and convincing evidence of error is required for
14(Source: P.A. 97-502, eff. 8-23-11.)
15    (630 ILCS 5/35)
16    Sec. 35. Public-private agreements.
17    (a) Unless undertaking actions otherwise permitted in an
18interim agreement entered into under Section 30 of this Act,
19before developing, financing, or operating the transportation
20project, the approved proposer shall enter into a
21public-private agreement with the transportation agency.
22Subject to the requirements of this Act, a public-private
23agreement may provide that the approved proposer, acting on
24behalf of the transportation agency, is partially or entirely
25responsible for any combination of developing, financing, or



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1operating the transportation project under terms set forth in
2the public-private agreement.
3    (b) The public-private agreement may, as determined
4appropriate by the transportation agency for the particular
5transportation project, provide for some or all of the
7        (1) Development Construction, financing, and operation
8    of the transportation project under terms set forth in the
9    public-private agreement, in any form as deemed
10    appropriate by the transportation agency, including, but
11    not limited to, a long-term concession and lease, a
12    design-bid-build agreement, a design-build agreement, a
13    design-build-maintain agreement, a design-build-finance
14    agreement, a design-build-operate-maintain agreement and a
15    design-build-finance-operate-maintain agreement.
16        (2) Delivery of performance and payment bonds or other
17    performance security determined suitable by the
18    transportation agency, including letters of credit, United
19    States bonds and notes, parent guaranties, and cash
20    collateral, in connection with the development, financing,
21    or operation of the transportation project, in the forms
22    and amounts set forth in the public-private agreement or
23    otherwise determined as satisfactory by the transportation
24    agency to protect the transportation agency and payment
25    bond beneficiaries who have a direct contractual
26    relationship with the contractor or a subcontractor of the



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1    contractor to supply labor or material. The payment or
2    performance bond or alternative form of performance
3    security is not required for the portion of a
4    public-private agreement that includes only design,
5    planning, or financing services, the performance of
6    preliminary studies, or the acquisition of real property.
7        (3) Review of plans for any development or operation,
8    or both, of the transportation project by the
9    transportation agency.
10        (4) Inspection of any construction of or improvements
11    to the transportation project by the transportation agency
12    or another entity designated by the transportation agency
13    or under the public-private agreement to ensure that the
14    construction or improvements conform to the standards set
15    forth in the public-private agreement or are otherwise
16    acceptable to the transportation agency.
17        (5) Maintenance of:
18            (A) one or more policies of public liability
19        insurance (copies of which shall be filed with the
20        transportation agency accompanied by proofs of
21        coverage); or
22            (B) self-insurance;
23    each in form and amount as set forth in the public-private
24    agreement or otherwise satisfactory to the transportation
25    agency as reasonably sufficient to insure coverage of tort
26    liability to the public and employees and to enable the



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1    continued operation of the transportation project.
2        (6) Where operations are included within the
3    contractor's obligations under the public-private
4    agreement, monitoring of the maintenance practices of the
5    contractor by the transportation agency or another entity
6    designated by the transportation agency or under the
7    public-private agreement and the taking of the actions the
8    transportation agency finds appropriate to ensure that the
9    transportation project is properly maintained.
10        (7) Reimbursement to be paid to the transportation
11    agency as set forth in the public-private agreement for
12    services provided by the transportation agency.
13        (8) Filing of appropriate financial statements and
14    reports as set forth in the public-private agreement or as
15    otherwise in a form acceptable to the transportation agency
16    on a periodic basis.
17        (9) Compensation or payments to the contractor.
18    Compensation or payments may include any or a combination
19    of the following:
20            (A) a base fee and additional fee for project
21        savings as the design-builder of a construction
22        project;
23            (B) a development fee, payable on a lump-sum basis,
24        progress payment basis, time and materials basis, or
25        another basis deemed appropriate by the transportation
26        agency;



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1            (C) an operations fee, payable on a lump-sum basis,
2        time and material basis, periodic basis, or another
3        basis deemed appropriate by the transportation agency;
4            (D) some or all of the revenues, if any, arising
5        out of operation of the transportation project;
6            (E) a maximum rate of return on investment or
7        return on equity or a combination of the two;
8            (F) in-kind services, materials, property,
9        equipment, or other items;
10            (G) compensation in the event of any termination;
11            (H) availability payments or similar arrangements
12        whereby payments are made to the contractor pursuant to
13        the terms set forth in the public-private agreement or
14        related agreements; or
15            (I) other compensation set forth in the
16        public-private agreement or otherwise deemed
17        appropriate by the transportation agency.
18        (10) Compensation or payments to the transportation
19    agency, if any. Compensation or payments may include any or
20    a combination of the following:
21            (A) a concession or lease payment or other fee,
22        which may be payable upfront or on a periodic basis or
23        on another basis deemed appropriate by the
24        transportation agency;
25            (B) sharing of revenues, if any, from the operation
26        of the transportation project;



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1            (C) sharing of project savings from the
2        construction of the transportation project;
3            (D) payment for any services, materials,
4        equipment, personnel, or other items provided by the
5        transportation agency to the contractor under the
6        public-private agreement or in connection with the
7        transportation project; or
8            (E) other compensation set forth in the
9        public-private agreement or otherwise deemed
10        appropriate by the transportation agency.
11        (11) The date and terms of termination of the
12    contractor's authority and duties under the public-private
13    agreement and the circumstances under which the
14    contractor's authority and duties may be terminated prior
15    to that date.
16        (12) Reversion of the transportation project to the
17    transportation agency at the termination or expiration of
18    the public-private agreement.
19        (13) Rights and remedies of the transportation agency
20    in the event that the contractor defaults or otherwise
21    fails to comply with the terms of the public-private
22    agreement.
23        (14) Procedures for the selection of professional
24    design firms and subcontractors, which shall include
25    procedures consistent with the Architectural, Engineering,
26    and Land Surveying Qualifications Based Selection Act for



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1    the selection of professional design firms and may include,
2    in the discretion of the transportation agency, procedures
3    consistent with the low bid procurement procedures
4    outlined in the Illinois Procurement Code for the selection
5    of construction companies.
6        (15) Other terms, conditions, and provisions that the
7    transportation agency believes are in the public interest.
8    (c) The transportation agency may fix and revise the
9amounts of user fees that a contractor may charge and collect
10for the use of any part of a transportation project in
11accordance with the public-private agreement. In fixing the
12amounts, the transportation agency may establish maximum
13amounts for the user fees and may provide that the maximums and
14any increases or decreases of those maximums shall be based
15upon the indices, methodologies, or other factors the
16transportation agency considers appropriate.
17    (d) A public-private agreement may:
18        (1) authorize the imposition of tolls in any manner
19    determined appropriate by the transportation agency for
20    the transportation project;
21        (2) authorize the contractor to adjust the user fees
22    for the use of the transportation project, so long as the
23    amounts charged and collected by the contractor do not
24    exceed the maximum amounts established by the
25    transportation agency under the public-private agreement
26    this Act;



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1        (3) provide that any adjustment by the contractor
2    permitted under paragraph (2) of this subsection (d) may be
3    based on the indices, methodologies, or other factors
4    described in the public-private agreement or approved by
5    the transportation agency;
6        (4) authorize the contractor to charge and collect user
7    fees through methods, including, but not limited to,
8    automatic vehicle identification systems, electronic toll
9    collection systems, and, to the extent permitted by law,
10    global positioning system-based, photo-based, or
11    video-based toll collection enforcement, provided that to
12    the maximum extent feasible the contractor will (i) utilize
13    open road tolling methods that allow payment of tolls at
14    highway speeds and (ii) comply with United States
15    Department of Transportation requirements and best
16    practices with respect to tolling methods; and
17        (5) authorize the collection of user fees by a third
18    party.
19    (e) In the public-private agreement, the transportation
20agency may agree to make grants or loans for the development or
21operation, or both, of the transportation project from time to
22time from amounts received from the federal government or any
23agency or instrumentality of the federal government or from any
24State or local agency.
25    (f) Upon the termination or expiration of the
26public-private agreement, including a termination for default,



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1the transportation agency shall have the right to take over the
2transportation project and to succeed to all of the right,
3title, and interest in the transportation project, subject to
4any liens on revenues previously granted by the contractor to
5any person providing financing for the transportation project.
6Upon termination or expiration of the public-private agreement
7relating to a transportation project undertaken by the
8Department, all real property acquired as a part of the
9transportation project shall be held in the name of the State
10of Illinois. Upon termination or expiration of the
11public-private agreement relating to a transportation project
12undertaken by the Authority, all real property acquired as a
13part of the transportation project shall be held in the name of
14the Authority.
15    (g) If a transportation agency elects to take over a
16transportation project as provided in subsection (f) of this
17Section, the transportation agency may do the following:
18        (1) develop, finance, or operate the project,
19    including through a public-private agreement entered into
20    in accordance with this Act; or
21        (2) impose, collect, retain, and use user fees, if any,
22    for the project.
23    (h) If a transportation agency elects to take over a
24transportation project as provided in subsection (f) of this
25Section, the transportation agency may use the revenues, if
26any, for any lawful purpose, including to:



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1        (1) make payments to individuals or entities in
2    connection with any financing of the transportation
3    project, including through a public-private agreement
4    entered into in accordance with this Act;
5        (2) permit a contractor to receive some or all of the
6    revenues under a public-private agreement entered into
7    under this Act;
8        (3) pay development costs of the project;
9        (4) pay current operation costs of the project or
10    facilities;
11        (5) pay the contractor for any compensation or payment
12    owing upon termination; and
13        (6) pay for the development, financing, or operation of
14    any other project or projects the transportation agency
15    deems appropriate.
16    (i) The full faith and credit of the State or any political
17subdivision of the State or the transportation agency is not
18pledged to secure any financing of the contractor by the
19election to take over the transportation project. Assumption of
20development or operation, or both, of the transportation
21project does not obligate the State or any political
22subdivision of the State or the transportation agency to pay
23any obligation of the contractor.
24    (j) The transportation agency may enter into a
25public-private agreement with multiple approved proposers if
26the transportation agency determines in writing that it is in



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1the public interest to do so.
2    (k) A public-private agreement shall not include any
3provision under which the transportation agency agrees to
4restrict or to provide compensation to the private entity for
5the construction or operation of a competing transportation
6facility during the term of the public-private agreement.
7    (l) With respect to a public-private agreement entered into
8by the Department, the Department shall certify in its State
9budget request to the Governor each year the amount required by
10the Department during the next State fiscal year to enable the
11Department to make any payment obligated to be made by the
12Department pursuant to that public-private agreement, and the
13Governor shall include that amount in the State budget
14submitted to the General Assembly.
15(Source: P.A. 97-502, eff. 8-23-11.)
16    (630 ILCS 5/40)
17    Sec. 40. Development and operations standards for
18transportation projects.
19    (a) The plans and specifications, if any, for each project
20developed under this Act must comply with:
21        (1) the transportation agency's standards for other
22    projects of a similar nature or as otherwise provided in
23    the public-private agreement;
24        (2) the Professional Engineering Practice Act of 1989,
25    the Structural Engineering Practice Act of 1989, the



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1    Illinois Architecture Practice Act of 1989, the
2    requirements of Section 30-22 of the Illinois Procurement
3    Code as they apply to responsible bidders, and the Illinois
4    Professional Land Surveyor Act of 1989; and
5        (3) any other applicable State or federal standards.
6    (b) Each highway project constructed or operated under this
7Act is considered to be part of:
8        (1) the State highway system for purposes of
9    identification, maintenance standards, and enforcement of
10    traffic laws if the highway project is under the
11    jurisdiction of the Department; or
12        (2) the toll 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 Authority.
16    (c) Any unit of local government or State agency may enter
17into agreements with the contractor for maintenance or other
18services under this Act.
19    (d) Any electronic toll collection system used on a toll
20highway, bridge, or tunnel as part of a transportation project
21must be compatible with the electronic toll collection system
22used by the Authority. The Authority is authorized to
23construct, operate, and maintain any electronic toll
24collection system used on a toll highway, bridge, or tunnel as
25part of a transportation project pursuant to an agreement with
26the transportation agency or the contractor responsible for the



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1transportation project. All private entities and public
2agencies shall have an equal opportunity to contract with the
3Authority to provide construction, operation, and maintenance
4services. In addition, during the procurement of a
5public-private agreement, these construction, operation, and
6maintenance services shall be available under identical terms
7to each private entity participating in the procurement. To the
8extent that a public-private agreement or an agreement with a
9public agency under subsection (c) of Section 20 of this Act
10authorizes tolling, the transportation agencies and any
11contractor under a public-private partnership or a public
12agency under an agreement pursuant to subsection (c) of Section
1320 of this Act shall comply with subsection (a-5) of Section 10
14of the Toll Highway Act as it relates to toll enforcement.
15(Source: P.A. 97-502, eff. 8-23-11.)
16    (630 ILCS 5/45)
17    Sec. 45. Financial arrangements.
18    (a) The transportation agency may do any combination of
19applying for, executing, or endorsing applications submitted
20by private entities to obtain federal, State, or local credit
21assistance for transportation projects developed, financed, or
22operated under this Act, including loans, lines of credit, and
24    (b) The transportation agency may take any action to obtain
25federal, State, or local assistance for a transportation



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1project that serves the public purpose of this Act and may
2enter into any contracts required to receive the federal
3assistance. The transportation agency may determine that it
4serves the public purpose of this Act for all or any portion of
5the costs of a transportation project to be paid, directly or
6indirectly, from the proceeds of a grant or loan, line of
7credit, or loan guarantee made by a local, State, or federal
8government or any agency or instrumentality of a local, State,
9or federal government. Such assistance may include, but not be
10limited to, federal credit assistance pursuant to the
11Transportation Infrastructure Finance and Innovation Act
13    (c) The transportation agency may agree to make grants or
14loans for the development, financing, or operation of a
15transportation project from time to time, from amounts received
16from the federal, State, or local government or any agency or
17instrumentality of the federal, State, or local government.
18    (d) Any financing of a transportation project may be in the
19amounts and upon the terms and conditions that are determined
20by the parties to the public-private agreement.
21    (e) For the purpose of financing a transportation project,
22the contractor and the transportation agency may do the
24        (1) propose to use any and all revenues that may be
25    available to them;
26        (2) enter into grant agreements;



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1        (3) access any other funds available to the
2    transportation agency; and
3        (4) accept grants from the transportation agency or
4    other public or private agency or entity.
5    (f) For the purpose of financing a transportation project,
6public funds may be used and mixed and aggregated with funds
7provided by or on behalf of the contractor or other private
9    (g) For the purpose of financing a transportation project,
10each transportation agency is authorized to do any combination
11of applying for, executing, or endorsing applications for an
12allocation of tax-exempt bond financing authorization provided
13by Section 142(m) of the United States Internal Revenue Code,
14as well as financing available under any other federal law or
16    (h) Any bonds, debt, or other securities or other financing
17issued by or on behalf of a contractor for the purposes of a
18project undertaken under this Act shall not be deemed to
19constitute a debt of the State or any political subdivision of
20the State or a pledge of the faith and credit of the State or
21any political subdivision of the State.
22(Source: P.A. 97-502, eff. 8-23-11.)
23    (630 ILCS 5/90 new)
24    Sec. 90. Public-Private Partnerships for Transportation
25Fund. The Public-Private Partnerships for Transportation Fund



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1is created as a special fund in the State treasury. Moneys in
2the Public-Private Partnerships for Transportation Fund shall
3be appropriated to the Department of Transportation to promote
4the development, financing, and operation of transportation
5facilities under this Act. Investment income which is
6attributable to the investment of moneys in the Public-Private
7Partnerships for Transportation Fund shall be retained in the
8Public-Private Partnerships for Transportation Fund.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.