Full Text of SB1463 100th General Assembly
SB1463sam001 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1463
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1463 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Public Private Partnerships Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Office" means the Office of Public-Private Partnerships.
| 8 | | "P3 project" means a contractual agreement between a public | 9 | | entity and a private entity that:
| 10 | | (1) transfers the responsibility of a facility's | 11 | | engineering, construction, operation, or maintenance to | 12 | | the private sector for a defined period of time;
| 13 | | (2) allows the private sector to perform by contract a | 14 | | service previously provided by the public sector; and
| 15 | | (3) ensures the private entity receives payments from | 16 | | either existing revenue sources or through the collection |
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| 1 | | of new tolls or user fees.
| 2 | | "Private entity" means a person, entity, group, or | 3 | | organization that is not the federal government, the State, or | 4 | | other public agency.
| 5 | | "Project" means an undertaking by a private entity or a | 6 | | public agency to provide or improve a public asset, public | 7 | | building, public service, or transportation asset which is | 8 | | totally or partially located within the State.
| 9 | | "Public agency" means any municipality or unit of local | 10 | | government, any public school district, any public college or | 11 | | university, any public building commission, the State, an | 12 | | instrumentality or administrative agency, or any other agency | 13 | | of the State or of the United states, or of any other state, | 14 | | any political subdivision of another state, and any combination | 15 | | of the above under an intergovernmental agreement which | 16 | | includes provisions for a governing body of the agency created | 17 | | by the agreement.
| 18 | | "Public asset" means any proposed existing park, clean | 19 | | water system, waste water system, energy asset, | 20 | | telecommunications asset, transportation asset, or any other | 21 | | asset owned by a public agency.
| 22 | | "Public building" means any proposed or existing school, | 23 | | community center, fire station, police station, community | 24 | | college, university, hospital, library, or other building | 25 | | owned by a public agency.
| 26 | | "Public-private partnership agreement" means a contract |
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| 1 | | for a project which transfers rights for the use or control, in | 2 | | whole or in part, of a public building, public service, public | 3 | | asset, or transportation asset, by a public agency to a | 4 | | development entity for a definite term during which the | 5 | | development entity will provide the project to the public | 6 | | agency in return for the right to receive all or a portion of | 7 | | the revenue generated from the use of the facility, or other | 8 | | payment, such as the following services: operations and | 9 | | maintenance; revenue collection; user fee collection or | 10 | | enforcement; design; construction; development; and other | 11 | | activities that expand or enhance existing or new public | 12 | | buildings, public assets, public services, or transportation | 13 | | assets.
| 14 | | "Public service" means any proposed or existing service | 15 | | performed or provided by a public agency or private entity.
| 16 | | "Transportation asset" means a proposed or existing road, | 17 | | toll highway, bridge, tunnel, overpass, ferry, bus way, | 18 | | guideway, public transportation facility, vehicle parking | 19 | | facility, port facility, commercial and public navigation lock | 20 | | and dam, commercial waterway, multimodal transportation | 21 | | facility, airport, station, hub, terminal or similar facility | 22 | | used or to be used for the transportation of persons, animals, | 23 | | or goods, together with any buildings, structures, parking | 24 | | areas, appurtenances, intelligent transportation systems, and | 25 | | other property needed to operate or related to the operation of | 26 | | the transportation facility. The term includes any |
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| 1 | | improvements or substantial enhancements or modifications to | 2 | | an existing transportation facility.
| 3 | | Section 10. The Office of Public-Private Partnerships. | 4 | | (a) The Office of Public-Private Partnerships is hereby | 5 | | created within the Executive branch. | 6 | | (b) The Office shall have the following duties:
| 7 | | (1) Create an open platform to promote the development, | 8 | | financing, and operation of public-private partnership | 9 | | agreements.
| 10 | | (2) Provide assistance and expertise on public-private | 11 | | partnership agreements to other public agencies, units of | 12 | | local government, and private entities, in areas | 13 | | including, but not limited to:
| 14 | | (A) analyzing the benefits and costs, including | 15 | | various finance options, of potential P3 projects;
| 16 | | (B) providing sample and template public-private | 17 | | partnership agreement contracts;
| 18 | | (C) discussing developing trends in other states | 19 | | and countries; and
| 20 | | (D) providing other financial and legal | 21 | | assistance.
| 22 | | (3) Develop and maintain a database of potential P3 | 23 | | projects in this State as well as all proposed, ongoing, | 24 | | and completed P3 projects.
| 25 | | (4) Promote standardized methodologies and other |
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| 1 | | uniform practices, transparency, and information sharing | 2 | | in public-private partnership agreements.
| 3 | | (5) At least once a year, conduct workshops or other | 4 | | outreach events with appropriate federal, State, or local | 5 | | government entities to attract private entities into the | 6 | | field of public-private partnership agreements and to | 7 | | measure the private sector's interest in the agreements, | 8 | | gauge possible future risks of entering into the | 9 | | agreements, discuss possible allocations of those risks, | 10 | | and other topics that may affect the ability of | 11 | | public-private partnerships to succeed in this State.
| 12 | | (6) Adopt rules as necessary to carry out the duties | 13 | | and purposes of this Act.
| 14 | | Section 15. Public-private partnership agreements.
| 15 | | (a) Any public agency may enter into a public-private | 16 | | partnership agreement with any private entity for improving | 17 | | transportation assets, public buildings, public services, or | 18 | | other public assets as provided in this Act.
| 19 | | (b) The Office shall review and approve public-private | 20 | | partnership projects in this State, except those entered into | 21 | | under the Public-Private Partnerships for Transportation Act.
| 22 | | (c) Within 90 days after the effective date of this Act, | 23 | | the Office shall establish:
| 24 | | (1) Procedures by which a public agency can submit a | 25 | | project for potential financing through a public-private |
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| 1 | | partnership agreement, which shall require submission of a | 2 | | project statement that describes the rationale behind the | 3 | | project, contains a site analysis and an initial project | 4 | | design, identifies funding sources and cost estimates, | 5 | | provides scheduled times for major events, and identifies | 6 | | other public agencies potentially impacted by the project.
| 7 | | (2) Clearly defined requirements for submitting | 8 | | projects for approval, including, but not limited to, a | 9 | | requirement that a proposal demonstrates that:
| 10 | | (A) the project is part of a long-term plan of the | 11 | | public agency;
| 12 | | (B) the project is not currently in a bid process | 13 | | under traditional procurement methods; and
| 14 | | (C) local, State, or federal officials have had an | 15 | | opportunity to weigh in on the project, or the local | 16 | | jurisdiction of the public agency has voted to submit | 17 | | the project.
| 18 | | (3) Guidelines for allowing more than one public agency | 19 | | to enter into a single public-private partnership.
| 20 | | (4) Clear standards for project approval, including, | 21 | | but is not limited to:
| 22 | | (A) Criteria for the project assessment, | 23 | | consideration, and final decision. The Office shall | 24 | | label the project as either not eligible for a | 25 | | public-private agreement, eligible to be joined with | 26 | | another P3 project, or eligible as an individual P3 |
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| 1 | | project. If the project is approved, the public agency | 2 | | has 60 days to acquire title to the site, or rights of | 3 | | use to the site, to carry out the project. The Office | 4 | | may grant an extension for a situation beyond the | 5 | | public agency's control, as determined by the Office. | 6 | | If the project is deemed not eligible for a | 7 | | public-private agreement, the public agency may | 8 | | re-submit the same project the following fiscal year.
| 9 | | (B) A requirement that the Office shall evaluate | 10 | | and render a final decision within 6 months of | 11 | | submission of the project to the Office.
| 12 | | (C) A requirement that the Office shall make public | 13 | | all findings of the assessment, including the final | 14 | | score and category of the project, rationale behind the | 15 | | decision, sources of funding, comparisons to similar | 16 | | projects, and any areas of concern.
| 17 | | (D) A requirement that the Office shall submit an | 18 | | annual report to the Governor and the General Assembly | 19 | | detailing all projects evaluated, adopted, and | 20 | | completed.
| 21 | | (d) All P3 projects under this Section shall be subject to | 22 | | any applicable planning requirements, including, but not | 23 | | limited to, land use planning, regional planning, | 24 | | transportation planning, and environmental compliance | 25 | | requirements.
| 26 | | (e) All P3 projects under this Section shall: |
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| 1 | | (1) comply with the provisions of the Prevailing Wage | 2 | | Act, as applicable; | 3 | | (2) comply with the Project Labor Agreements Act, as | 4 | | applicable, notwithstanding the provisions of Section 10 | 5 | | of the Project Labor Agreements Act allowing a State | 6 | | department, agency, authority, board, or instrumentality | 7 | | that is under the control of the Governor to apply that Act | 8 | | on a project-by-project basis; and | 9 | | (3) comply with any responsible bidder requirements | 10 | | that may apply to the project under State law.
| 11 | | (f) The net proceeds, if any, arising out of a P3 project | 12 | | shall be deposited into the Local Alternative Procurement Fund, | 13 | | a fund created as a special fund in the State treasury.
All | 14 | | moneys in the Local Alternative Procurement Fund shall be | 15 | | appropriated to public agencies and shall be used for the | 16 | | development, financing, and operation of transportation | 17 | | assets, public buildings, public services, or other public | 18 | | assets under this Act. | 19 | | Section 900. The State Finance Act is amended by adding | 20 | | Section 5.878 as follows: | 21 | | (30 ILCS 105/5.878 new) | 22 | | Sec. 5.878. The Local Alternative Procurement Fund.
| 23 | | Section 999. Effective date. This Act takes effect July 1, |
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| 1 | | 2017.".
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