Full Text of HB5152 95th General Assembly
HB5152eng 95TH GENERAL ASSEMBLY
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HB5152 Engrossed |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 6 |
| 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 | 10 |
| continuing,
comprehensive, and integrated planning process | 11 |
| that shall develop and
periodically revise a statewide master | 12 |
| plan for transportation to guide program
development and to | 13 |
| foster efficient and economical transportation services in
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| ground, air, water, and
all other modes of transportation | 15 |
| throughout the State. The Department
shall coordinate its | 16 |
| transportation planning activities with those of other
State | 17 |
| agencies and authorities and shall supervise and review any
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| transportation planning performed by other Executive agencies | 19 |
| under the
direction of the Governor. The Department shall | 20 |
| cooperate and participate
with federal, regional, interstate, | 21 |
| State, and local agencies, in accordance
with Sections 5-301 | 22 |
| and 7-301 of the Illinois Highway Code, and with
interested | 23 |
| private individuals and organizations in the coordination of
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| plans and policies for development of the state's | 2 |
| transportation system.
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| To meet the provisions of this Section, the Department | 4 |
| shall publish and
deliver to the Governor and General Assembly | 5 |
| by January 1, 1982 and every 2
years thereafter, its master | 6 |
| plan for highway, waterway, aeronautic, mass
transportation, | 7 |
| and railroad systems. The plan shall identify priority
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| subsystems or components of each system that are critical to | 9 |
| the economic and
general welfare of this State regardless of | 10 |
| public jurisdictional
responsibility or private ownership.
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| The master plan shall provide particular emphasis and | 12 |
| 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 | 14 |
| State system in this Section
shall be published and furnished | 15 |
| the General Assembly on the first Wednesday
in April of each | 16 |
| year.
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| Identified needs included in the project programs shall be | 18 |
| listed and
mapped in a distinctive fashion to clearly identify | 19 |
| the priority status
of the projects: (1) projects to be | 20 |
| committed for execution; (2) tentative
projects that are | 21 |
| dependent upon funding or other constraints; and (3) needed
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| projects that are not programmed due to lack of funding or | 23 |
| other constraints.
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| All projects shall be related to the priority systems of | 25 |
| the master plan,
and the priority criteria identified. Cost and | 26 |
| estimated completion dates
shall be included for work required |
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| to complete a useable segment or component
beyond the
period of | 2 |
| the program.
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| (b) The Department shall publish and deliver to the | 4 |
| Governor and General
Assembly on the first Wednesday in April | 5 |
| of each year a 5-year, or longer, Highway
Improvement Program | 6 |
| reporting
the number of fiscal years each project has been on | 7 |
| previous
plans submitted by the Department. It is a goal of the | 8 |
| Highway Improvement Program that the percentage of | 9 |
| State-jurisdiction mileage and bridges in acceptable condition | 10 |
| be comparable throughout the State and that the percentage of | 11 |
| State-jurisdiction miles and bridges in acceptable condition | 12 |
| in each of the Department's highway districts, as those | 13 |
| districts were organized on January 1, 2008, be no lower than 5 | 14 |
| percentage points below the statewide average percentage in | 15 |
| acceptable condition.
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| Funding in the Highway Improvement Program shall be | 17 |
| allocated as follows: 45% for projects in highway district 1 | 18 |
| and 55% for projects in highway districts 2 through 9, as those | 19 |
| districts were organized on January 1, 2008. For Fiscal Year | 20 |
| 2009, a minimum of two-thirds of the funds allocated for | 21 |
| highway districts 2 through 9 shall be allocated as follows: | 22 |
| 13.63% for projects in district 2; 12.44% for projects in | 23 |
| district 3; 11.66% for projects in district 4; 9.89% for | 24 |
| projects in district 5; 13.88% for projects in district 6; | 25 |
| 10.56% for projects in district 7; 17.67% for projects in | 26 |
| district 8; and 10.27% for projects in district 9. Starting in |
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| Fiscal Year 2010, a minimum of two-thirds of the funds | 2 |
| allocated for highway districts 2 through 9 shall be allocated | 3 |
| as follows: one-third in the ratio that the total lane miles of | 4 |
| State-jurisdiction roads in each of the highway districts bears | 5 |
| to the total lane miles of State-jurisdiction roads in highway | 6 |
| districts 2 through 9; one-third in the ratio that the total | 7 |
| square footage of State-jurisdiction bridges in each of the | 8 |
| highway districts bears to the total square footage of | 9 |
| State-jurisdiction bridges in highway districts 2 through 9; | 10 |
| and one-third in the ratio that the miles of daily travel on | 11 |
| State-jurisdiction roads in each of the highway districts bears | 12 |
| to the total miles of daily travel on State-jurisdiction roads | 13 |
| in highway districts 2 through 9. If in any year a catastrophic | 14 |
| road or bridge failure makes impracticable the funding | 15 |
| allocation for highway districts 2 through 9, the Secretary may | 16 |
| declare an emergency and reallocate the funding as needed to | 17 |
| address the catastrophic road or bridge failure. The remaining | 18 |
| funds shall be allocated by the Department for projects in | 19 |
| highway districts 2 through 9. | 20 |
| The Highway Improvement Program shall include the | 21 |
| following information statewide and for each of the | 22 |
| Department's highway districts: | 23 |
| (1) Overall funding proposed for the first year of the | 24 |
| Highway Improvement Program. | 25 |
| (2) For roads and bridges under State jurisdiction, the | 26 |
| current percentage of miles and bridges in acceptable |
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| condition. | 2 |
| (3) For roads and bridges under State jurisdiction, the | 3 |
| projected percentage of miles and bridges in acceptable | 4 |
| condition at the end of the Highway Improvement Program. | 5 |
| (b-5) The Department shall publish and deliver to the | 6 |
| Governor and General Assembly an Annual Highway Improvement | 7 |
| Program within 60 days after the start of each fiscal year or | 8 |
| of the enactment of the Department's highway construction | 9 |
| appropriation for that fiscal year, whichever is later. Funding | 10 |
| in the Annual Highway Improvement Program shall be allocated as | 11 |
| follows: 45% for projects in highway district 1 and 55% for | 12 |
| projects in highway districts 2 through 9, as those districts | 13 |
| were organized on January 1, 2008. For Fiscal Year 2009, a | 14 |
| minimum of two-thirds of the funds allocated for highway | 15 |
| districts 2 through 9 shall be allocated as follows: 13.63% for | 16 |
| projects in district 2; 12.44% for projects in district 3; | 17 |
| 11.66% for projects in district 4; 9.89% for projects in | 18 |
| district 5; 13.88% for projects in district 6; 10.56% for | 19 |
| projects in district 7; 17.67% for projects in district 8; and | 20 |
| 10.27% for projects in district 9. Starting in Fiscal Year | 21 |
| 2010, a minimum of two-thirds of the funds allocated for | 22 |
| highway districts 2 through 9 shall be allocated as follows: | 23 |
| one-third in the ratio that the total lane miles of | 24 |
| State-jurisdiction roads in each of the highway districts bears | 25 |
| to the total lane miles of State-jurisdiction roads in highway | 26 |
| districts 2 through 9; one-third in the ratio that the total |
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| square footage of State-jurisdiction bridges in each of the | 2 |
| highway districts bears to the total square footage of | 3 |
| State-jurisdiction bridges in highway districts 2 through 9; | 4 |
| and one-third in the ratio that the miles of daily travel on | 5 |
| State-jurisdiction roads in each of the highway districts bears | 6 |
| to the total miles of daily travel on State-jurisdiction roads | 7 |
| in highway districts 2 through 9.
The remaining funds shall be | 8 |
| allocated by the Department for projects in highway districts 2 | 9 |
| through 9. If in any year a catastrophic road or bridge failure | 10 |
| makes impracticable the funding allocation for highway | 11 |
| districts 2 through 9, the Secretary may declare an emergency | 12 |
| and reallocate the funding as needed to address the | 13 |
| catastrophic road or bridge failure. | 14 |
| The Annual Highway Improvement Program shall include the | 15 |
| following information statewide and for each of the | 16 |
| Department's highway districts: | 17 |
| (1) Total proposed funding, total number of miles to be | 18 |
| improved, and total number of bridges to be improved. | 19 |
| (2) For roads and bridges under State jurisdiction, the | 20 |
| current percentage of miles and bridges in acceptable | 21 |
| condition. | 22 |
| (3) For roads and bridges under State jurisdiction, the | 23 |
| projected percentage of miles and bridges in acceptable | 24 |
| condition at the end of the Annual Highway Improvement | 25 |
| Program. | 26 |
| (c) The Department shall publish and deliver to the |
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| Governor and the General
Assembly by November 1 of each year a | 2 |
| For the Record report that shall include
the following:
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| (1) All the projects accomplished in the previous | 4 |
| fiscal year
listed by each Illinois Department of | 5 |
| Transportation District.
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| (2) The award cost and the beginning
dates of each | 7 |
| listed project.
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| (3) Statewide and for each of the Department's highway | 9 |
| districts, the total of program accomplishments in | 10 |
| dollars, number of miles, and number of bridges. | 11 |
| (4) For roads and bridges under State jurisdiction, the | 12 |
| current percentage of miles and bridges in acceptable | 13 |
| condition. | 14 |
| (5) For any highway district whose percentage of miles, | 15 |
| bridges, or both that are in acceptable condition is more | 16 |
| than 5 percentage points below the statewide average | 17 |
| percentage in acceptable condition, a description of | 18 |
| remedial actions that will be taken in the next Highway | 19 |
| Improvement Program for raising that district's percentage | 20 |
| of roads, bridges, or both that are in acceptable | 21 |
| condition. | 22 |
| (d) Following publication of each of the documents required | 23 |
| by subsections (b), (b-5), and (c), the Commission on | 24 |
| Government Forecasting and Accountability shall review the | 25 |
| documents and certify to the Governor, Senate President, and | 26 |
| Speaker of the House whether the requirements contained in |
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| subsections (b), (b-5), and (c) regarding each highway | 2 |
| district's percentage funding allocation and each highway | 3 |
| district's road and bridge conditions are being met. | 4 |
| (e) Every 2 years, the Auditor General shall review the | 5 |
| performance of the Department to assure the Department is | 6 |
| meeting the requirements of subsections (b), (b-5), and (c). | 7 |
| (f) Notwithstanding any other rulemaking authority that | 8 |
| may exist, neither the Governor nor any agency or agency head | 9 |
| under the jurisdiction of the Governor has any authority to | 10 |
| make or promulgate rules to implement or enforce the provisions | 11 |
| of this amendatory Act of the 95th General Assembly. If, | 12 |
| however, the Governor believes that rules are necessary to | 13 |
| implement or enforce the provisions of this amendatory Act of | 14 |
| the 95th General Assembly, the Governor may suggest rules to | 15 |
| the General Assembly by filing them with the Clerk of the House | 16 |
| and the Secretary of the Senate and by requesting that the | 17 |
| General Assembly authorize such rulemaking by law, enact those | 18 |
| suggested rules into law, or take any other appropriate action | 19 |
| in the General Assembly's discretion. Nothing contained in this | 20 |
| amendatory Act of the 95th General Assembly shall be | 21 |
| interpreted to grant rulemaking authority under any other | 22 |
| Illinois statute where such authority is not otherwise | 23 |
| explicitly given. For the purposes of this paragraph, "rules" | 24 |
| is given the meaning contained in Section 1-70 of the Illinois | 25 |
| Administrative Procedure Act, and "agency" and "agency head" | 26 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that | 2 |
| such definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| (Source: P.A. 94-91, eff. 7-1-05.)
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| Section 99. Effective date. This Act takes effect July 1, | 6 |
| 2008.
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