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Public Act 103-0864 | ||||
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AN ACT concerning transportation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Public-Private Agreements for the South | ||||
Suburban Airport Act is amended by adding Sections 2-26 and | ||||
2-41 as follows: | ||||
(620 ILCS 75/2-26 new) | ||||
Sec. 2-26. Unsolicited bids. In addition to the | ||||
prequalification process under this Act, the Department shall | ||||
accept any unsolicited bids for the South Suburban Airport | ||||
received pursuant to the Public-Private Partnerships for | ||||
Transportation Act. Nothing in this Section shall be construed | ||||
to restrict the obligations of the Department to respond to | ||||
any unsolicited bids under the Public-Private Partnerships for | ||||
Transportation Act. | ||||
(620 ILCS 75/2-41 new) | ||||
Sec. 2-41. Sole-source negotiation. Notwithstanding any | ||||
other provision of law, the Department may enter into direct, | ||||
sole-source negotiations with potential private airport | ||||
development teams for the development, financing, building, | ||||
operating, and maintaining of the airport. |
Section 10. The Public-Private Partnerships for | ||
Transportation Act is amended by changing Section 10 as | ||
follows: | ||
(630 ILCS 5/10) | ||
Sec. 10. Definitions. As used in this Act: | ||
"Approved proposal" means the proposal that is approved by | ||
the responsible public entity pursuant to subsection (j) of | ||
Section 20 of this Act. | ||
"Approved proposer" means the private entity whose | ||
proposal is the approved proposal. | ||
"Authority" means the Illinois State Toll Highway | ||
Authority. | ||
"Contractor" means a private entity that has entered into | ||
a public-private agreement with the responsible public entity | ||
to provide services to or on behalf of the responsible public | ||
entity. | ||
"Department" means the Illinois Department of | ||
Transportation. | ||
"Design-build agreement" means the agreement between the | ||
selected private entity and the responsible public entity | ||
under which the selected private entity agrees to furnish | ||
design, construction, and related services for a | ||
transportation facility under this Act. | ||
"Develop" or "development" means to do one or more of the | ||
following: plan, design, develop, lease, acquire, install, |
construct, reconstruct, rehabilitate, extend, or expand. | ||
"Maintain" or "maintenance" includes ordinary maintenance, | ||
repair, rehabilitation, capital maintenance, maintenance | ||
replacement, and any other categories of maintenance that may | ||
be designated by the responsible public entity. | ||
"Operate" or "operation" means to do one or more of the | ||
following: maintain, improve, equip, modify, or otherwise | ||
operate. | ||
"Private entity" means any combination of one or more | ||
individuals, corporations, general partnerships, limited | ||
liability companies, limited partnerships, joint ventures, | ||
business trusts, nonprofit entities, or other business | ||
entities that are parties to a proposal for a transportation | ||
project or an agreement related to a transportation project. A | ||
public agency may provide services to a contractor as a | ||
subcontractor or subconsultant without affecting the private | ||
status of the private entity and the ability to enter into a | ||
public-private agreement. A transportation agency is not a | ||
private entity. | ||
"Proposal" means all materials and documents prepared by | ||
or on behalf of a private entity relating to the proposed | ||
development, financing, or operation of a transportation | ||
facility as a transportation project. | ||
"Proposer" means a private entity that has submitted an | ||
unsolicited proposal for a public-private agreement to a | ||
responsible public entity under this Act or a proposal or |
statement of qualifications for a public-private agreement in | ||
response to a request for proposals or a request for | ||
qualifications issued by a responsible public entity under | ||
this Act. | ||
"Public-private agreement" means the public-private | ||
agreement between the contractor and the responsible public | ||
entity relating to one or more of the development, financing, | ||
or operation of a transportation project that is entered into | ||
under this Act. | ||
"Request for information" means all materials and | ||
documents prepared by or on behalf of the responsible public | ||
entity to solicit information from private entities with | ||
respect to transportation projects. | ||
"Request for proposals" means all materials and documents | ||
prepared by or on behalf of the responsible public entity to | ||
solicit proposals from private entities to enter into a | ||
public-private agreement. | ||
"Request for qualifications" means all materials and | ||
documents prepared by or on behalf of the responsible public | ||
entity to solicit statements of qualification from private | ||
entities to enter into a public-private agreement. | ||
"Responsible public entity" means the Department of | ||
Transportation, the Illinois State Toll Highway Authority. | ||
"Revenues" means all revenues, including any combination | ||
of: income; earnings and interest; user fees; lease payments; | ||
allocations; federal, State, and local appropriations, grants, |
loans, lines of credit, and credit guarantees; bond proceeds; | ||
equity investments; service payments; or other receipts; | ||
arising out of or in connection with a transportation project, | ||
including the development, financing, and operation of a | ||
transportation project. The term includes money received as | ||
grants, loans, lines of credit, credit guarantees, or | ||
otherwise in aid of a transportation project from the federal | ||
government, the State, a unit of local government, or any | ||
agency or instrumentality of the federal government, the | ||
State, or a unit of local government. | ||
"Shortlist" means the process by which a responsible | ||
public entity will review, evaluate, and rank statements of | ||
qualifications submitted in response to a request for | ||
qualifications and then identify the proposers who are | ||
eligible to submit a detailed proposal in response to a | ||
request for proposals. The identified proposers constitute the | ||
shortlist for the transportation project to which the request | ||
for proposals relates. | ||
"Transportation agency" means (i) the Department or (ii) | ||
the Authority. | ||
"Transportation facility" means any new or existing road, | ||
highway, toll highway, bridge, tunnel, intermodal facility, | ||
intercity or high-speed passenger rail, or other | ||
transportation facility or infrastructure, including the South | ||
Suburban Airport but excluding all other airports, under the | ||
jurisdiction of a responsible public entity, except those |
facilities for the Illiana Expressway. The term | ||
"transportation facility" may refer to one or more | ||
transportation facilities that are proposed to be developed or | ||
operated as part of a single transportation project. | ||
"Transportation project" or "project" means any or the | ||
combination of the design, development, construction, | ||
financing, or operation with respect to all or a portion of any | ||
transportation facility under the jurisdiction of the | ||
responsible public entity, except those facilities for the | ||
Illiana Expressway, undertaken pursuant to this Act. | ||
"Unit of local government" has the meaning ascribed to | ||
that term in Article VII, Section 1 of the Constitution of the | ||
State of Illinois and also means any unit designated as a | ||
municipal corporation. | ||
"Unsolicited proposal" means a written proposal that is | ||
submitted to a responsible public entity on the initiative of | ||
the private sector entity or entities for the purpose of | ||
developing a partnership, and that is not in response to a | ||
formal or informal request issued by a responsible public | ||
entity. | ||
"User fees" or "tolls" means the rates, tolls, fees, or | ||
other charges imposed by the contractor for use of all or a | ||
portion of a transportation project under a public-private | ||
agreement. | ||
(Source: P.A. 103-570, eff. 1-1-24.) | ||
Section 99. Effective date. This Act takes effect upon |
becoming law. |