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Public Act 097-0808

 

Public Act 0808 97TH GENERAL ASSEMBLY

  
  
  
 

 
Public Act 097-0808
 
SB3318 EnrolledLRB097 17401 HEP 64211 b


  
    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 Illiana 
Expressway Act is amended  by changing Sections 25, 80, and 95 
as follows:
 
    (605 ILCS 130/25)

    Sec. 25. Provisions of the public private agreement.
    (a) The public private agreement shall include all of the 
following:
        (1) The term of the public private agreement that is 
    consistent with Section 15 of this Act;
        (2) The powers, duties, responsibilities, obligations, 
    and functions of the Department and the contractor;
        (3) Compensation or payments to the Department, if 
    applicable;
        (4) Compensation or payments to the contractor;
        (5) A provision specifying that the Department:
            (A) has ready access to information regarding the 
        contractor's powers, duties, responsibilities, 
        obligations, and functions under the public private 
        agreement;
            (B) has the right to demand and receive information 
        from the contractor concerning any aspect of the 
        contractor's powers, duties, responsibilities, 
        obligations, and functions under the public private 
        agreement; and
            (C) has the authority to direct or countermand 
        decisions by the contractor at any time;
        (6) A provision imposing an affirmative duty on the 
    contractor to provide the Department with any information 
    the contractor reasonably believes the Department would 
    want to know or would need to know to enable the Department 
    to exercise its powers, carry out its duties, 
    responsibilities, and obligations, and perform its 
    functions under this Act or the public private agreement or 
    as otherwise required by law;
        (7) A provision requiring the contractor to provide the 
    Department with advance notice of any decision that bears 
    significantly on the public interest so the Department has 
    a reasonable opportunity to evaluate and countermand that 
    decision pursuant to this Section;
        (8) A requirement that the Department monitor and 
    oversee the contractor's practices and take action that the 
    Department considers appropriate to ensure that the 
    contractor is in compliance with the terms of the public 
    private agreement;
        (9) The authority of the Department to enter into 
    contracts with third parties pursuant to Section 50 of this 
    Act;
        (10) A provision governing the contractor's authority 
    to negotiate and execute subcontracts with third parties;
        (10.5) A provision stating that, in the event the 
    contractor finds it necessary, proper, or desirable to 
    enter into subcontracts with one or more design-build 
    entities, then it must follow a selection process that is, 
    to the greatest extent possible, identical to the selection 
    process contained in the Design-Build Procurement Act;
        (11) The authority of the contractor to impose user 
    fees and the amounts of those fees, including the authority 
    of the contractor to use congestion pricing, pursuant to 
    which higher tolls rates are imposed during times or in 
    locations of increased congestion;
        (12) A provision governing the deposit and allocation 
    of revenues including user fees;
        (13) A provision governing rights to real and personal 
    property of the State, the Department, the contractor, and 
    other third parties;
        (14) A provision stating that the contractor must, 
    pursuant to Section 75 of this Act, finance an independent 
    audit if the construction costs under the contract exceed 
    $50,000,000;
        (15) A provision regarding the implementation and 
    delivery of a comprehensive system of internal audits;
        (16) A provision regarding the implementation and 
    delivery of reports, which must include a requirement that 
    the contractor file with the Department, at least on an 
    annual basis, financial statements containing information 
    required by generally accepted accounting principles 
    (GAAP);
        (17) Procedural requirements for obtaining the prior 
    approval of the Department when rights that are the subject 
    of the agreement, including but not limited to development 
    rights, construction rights, property rights, and rights 
    to certain revenues, are sold, assigned, transferred, or 
    pledged as collateral to secure financing or for any other 
    reason;
        (18) Grounds for termination of the agreement by the 
    Department or the contractor and a restatement of the 
    Department's rights under Section 35 of this Act;
        (19) A requirement that the contractor enter into a 
    project labor agreement pursuant to Section 100 of this 
    Act;
        (19.5) A provision stating that construction 
    contractors shall comply with the requirements of Section 
    30-22 of the Illinois Procurement Code pursuant to Section 
    100 of this Act;
        (20) Timelines, deadlines, and scheduling;
        (21) Review of plans, including development, 
    financing, construction, management, or operations plans, 
    by the Department;
        (22) Inspections by the Department, including 
    inspections of construction work and improvements;
        (23) Rights and remedies of the Department in the event 
    that the contractor defaults or otherwise fails to comply 
    with the terms of the agreement;
        (24) A code of ethics for the contractor's officers and 
    employees; and
        (25) Procedures for amendment to the agreement.
    (b) The public private agreement may include any or all of 
the following:
        (1) A provision regarding the extension of the 
    agreement that is consistent with Section 15 of this Act;
        (2) Cash reserves requirements;
        (3) Delivery of performance and payment bonds or other 
    performance security in a form and amount that is 
    satisfactory to the Department;
        (4) Maintenance of public liability insurance;
        (5) Maintenance of self-insurance;
        (6) Provisions governing grants and loans, pursuant to 
    which the Department may agree to make grants or loans for 
    the development, financing, construction, management, or 
    operation of the Illiana Expressway project from time to 
    time from amounts received from the federal government or 
    any agency or instrumentality of the federal government or 
    from any State or local agency;
        (7) Reimbursements to the Department for work 
    performed and goods, services, and equipment provided by 
    the Department; and
        (8) All other terms, conditions, and provisions 
    acceptable to the Department that the Department deems 
    necessary and proper and in the public interest.

(Source: P.A. 96-913, eff. 6-9-10.)
 
    (605 ILCS 130/80)

    Sec. 80. Property acquisition. The Department may acquire 
property for the Illiana Expressway project using the powers 
granted to it in the Illinois Highway Code and the Eminent 
Domain Act. The Department may not exercise the power of quick 
take in connection with the Illiana Expressway project.

(Source: P.A. 96-913, eff. 6-9-10.)
 
    (605 ILCS 130/95)

    Sec. 95. Financial arrangements. 
    (a) The Department may apply for, execute, or endorse 
applications submitted by contractors and other third parties 
to obtain federal, State, or local credit assistance to 
develop, finance, maintain, or operate the Illiana Expressway 
project.
    (b) The Department may take any action to obtain federal, 
State, or local assistance for the Illiana Expressway project 
that serves the public purpose of this Act and may enter into 
any contracts required to receive the federal assistance. The 
Department may determine that it serves the public purpose of 
this Act for all or any portion of the costs of the Illiana 
Expressway project to be paid, directly or indirectly, from the 
proceeds of a grant or loan, line of credit, or loan guarantee 
made by a local, State, or federal government or any agency or 
instrumentality of a local, State, or federal government. Such 
assistance may include, but not be limited to, federal credit 
assistance pursuant to the Transportation Infrastructure 
Finance and Innovation Act (TIFIA).
    (c) The Department may agree to make grants or loans for 
the development, financing, construction, management, or 
operation of the Illiana Expressway project from time to time, 
from amounts received from the federal, State, or local 
government or any agency or instrumentality of the federal, 
State, or local government.
    (d) Any financing of the Illiana Expressway project may be 
in the amounts and subject to the terms and conditions 
contained in the public private agreement.
    (e) For the purpose of financing the Illiana Expressway 
project, the contractor and the Department may do the 
following:
        (1) propose to use any and all revenues that may be 
    available to them;
        (2) enter into grant agreements;
        (3) access any other funds available to the Department; 
    and
        (4) accept grants from any public or private agency or 
    entity.
    (f) For the purpose of financing the Illiana Expressway 
project, public funds may be used and mixed and aggregated with 
funds provided by or on behalf of the contractor or other 
private entities.
    (g) For the purpose of financing the Illiana Expressway 
project, the Department is authorized to apply for, execute, or 
endorse applications for an allocation of tax-exempt bond 
financing authorization provided by Section 142(m) of the 
United States Internal Revenue Code, as well as financing 
available under any other federal law or program.
    (h) Any bonds, debt, or other securities or other financing 
issued by or on behalf of a contractor for the purposes of a 
project undertaken pursuant to this Act shall not be deemed to 
constitute a debt of the State or any political subdivision of 
the State or a pledge of the faith and credit of the State or 
any political subdivision of the State.

(Source: P.A. 96-913, eff. 6-9-10.)
 
    Section 10. The Eminent Domain Act is amended by changing 
Section 15-5-35 as follows:
 
    (735 ILCS 30/15-5-35)

    Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 
through 625.  The following provisions of law may include 
express grants of the power to acquire property by condemnation 
or eminent domain:
 
(605 ILCS 5/4-501); Illinois Highway Code; Department of 
    Transportation and counties; for highway purposes.

(605 ILCS 5/4-502); Illinois Highway Code; Department of 
    Transportation; for ditches and drains.

(605 ILCS 5/4-505); Illinois Highway Code; Department of 
    Transportation; for replacement of railroad and public 
    utility property taken for highway purposes.

(605 ILCS 5/4-509); Illinois Highway Code; Department of 
    Transportation; for replacement of property taken for 
    highway purposes.

(605 ILCS 5/4-510); Illinois Highway Code; Department of 
    Transportation; for rights-of-way for future highway 
    purposes.

(605 ILCS 5/4-511); Illinois Highway Code; Department of 
    Transportation; for relocation of structures taken for 
    highway purposes.

(605 ILCS 5/5-107); Illinois Highway Code; counties; for county 
    highway relocation.

(605 ILCS 5/5-801); Illinois Highway Code; counties; for 
    highway purposes.

(605 ILCS 5/5-802); Illinois Highway Code; counties; for 
    ditches and drains.

(605 ILCS 5/6-309); Illinois Highway Code; highway 
    commissioners or county superintendents; for township or 
    road district roads.

(605 ILCS 5/6-801); Illinois Highway Code; highway 
    commissioners; for road district or township roads.

(605 ILCS 5/6-802); Illinois Highway Code; highway 
    commissioners; for ditches and drains.

(605 ILCS 5/8-102); Illinois Highway Code; Department of 
    Transportation, counties, and municipalities; for limiting 
    freeway access.

(605 ILCS 5/8-103); Illinois Highway Code; Department of 
    Transportation, counties, and municipalities; for freeway 
    purposes.

(605 ILCS 5/8-106); Illinois Highway Code; Department of 
    Transportation and counties; for relocation of existing 
    crossings for freeway purposes.

(605 ILCS 5/9-113); Illinois Highway Code; highway 
    authorities; for utility and other uses in rights-of-ways.

(605 ILCS 5/10-302); Illinois Highway Code; counties; for 
    bridge purposes.

(605 ILCS 5/10-602); Illinois Highway Code; municipalities; 
    for ferry and bridge purposes.

(605 ILCS 5/10-702); Illinois Highway Code; municipalities; 
    for bridge purposes.

(605 ILCS 5/10-901); Illinois Highway Code; Department of 
    Transportation; for ferry property.

(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway 
    Authority; for toll highway purposes.

(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll 
    Highway Authority; for its authorized purposes.

(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway 
    Authority; for property of a municipality or political 
    subdivision for toll highway purposes.

(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge 
    purposes.

(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose 
    of taking a toll bridge to make it a free bridge.

    (605 ILCS 130/80); Public Private Agreements for the Illiana 
    Expressway Act; Department of Transportation; for the 
    Illiana Expressway project.
(610 ILCS 5/17); Railroad Incorporation Act; railroad 
    corporation; for real estate for railroad purposes.

(610 ILCS 5/18); Railroad Incorporation Act; railroad 
    corporations; for materials for railways.

(610 ILCS 5/19); Railroad Incorporation Act; railways; for land 
    along highways.

(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of 
    railroad companies; for railroad purposes.

(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; 
    street railroad companies; for street railroad purposes.

(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of 
    Natural Resources; for land along public waters for 
    pleasure, recreation, or sport purposes.

(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural 
    Resources; for waterways and appurtenances.

(615 ILCS 15/7); Flood Control Act of 1945; Department of 
    Natural Resources; for the purposes of the Act.

(615 ILCS 30/9); Illinois and Michigan Canal Management Act; 
    Department of Natural Resources; for dams, locks, and 
    improvements.

(615 ILCS 45/10); Illinois and Michigan Canal Development Act; 
    Department of Natural Resources; for development and 
    management of the canal.

(620 ILCS 5/72); Illinois Aeronautics Act; Division of 
    Aeronautics of the Department of Transportation; for 
    airport purposes.

(620 ILCS 5/73); Illinois Aeronautics Act; Division of 
    Aeronautics of the Department of Transportation; for 
    removal of airport hazards.

(620 ILCS 5/74); Illinois Aeronautics Act; Division of 
    Aeronautics of the Department of Transportation; for 
    airport purposes.

(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics 
    of the Department of Transportation; for air rights.

(620 ILCS 40/2 and 40/3); General County Airport and Landing 
    Field Act; counties; for airport purposes.

(620 ILCS 40/5); General County Airport and Landing Field Act; 
    counties; for removing hazards.

(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of 
    directors of airports and landing fields; for airport and 
    landing field purposes.

(620 ILCS 50/22 and 50/31); County Airports Act; counties; for 
    airport purposes.

(620 ILCS 50/24); County Airports Act; counties; for removal of 
    airport hazards.

(620 ILCS 50/26); County Airports Act; counties; for 
    acquisition of airport protection privileges.

(620 ILCS 52/15); County Air Corridor Protection Act; counties; 
    for airport zones.

(620 ILCS 55/1); East St. Louis Airport Act; Department of 
    Transportation; for airport in East St. Louis metropolitan 
    area.

(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the 
    O'Hare modernization program, including quick-take power.

(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; 
    for general purposes.

(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; 
    for railroad purposes, including quick-take power.

(Source: P.A. 94-1055, eff. 1-1-07.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  7/13/2012











  

    

      

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