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| Public Act 103-0317
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| HB2531 Enrolled | LRB103 25705 MXP 52054 b |
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AN ACT concerning transportation.
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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 Public-Private Agreements for the South |
Suburban Airport Act is amended by changing Sections 2-5, |
2-10, and 2-25 as follows:
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(620 ILCS 75/2-5)
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Sec. 2-5. Legislative findings.
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(a) Providing facilities for air travel and domestic and |
global freight cargo transfer shipment to and from the State |
of Illinois through the South Suburban Airport is essential |
for the health and welfare of the people of the State of |
Illinois and economic development and well-being of the |
Southland region and the State of Illinois. |
(b) Airport development has significant regional impacts |
with regard to economic development, public infrastructure |
requirements, traffic, noise, and other concerns. |
(c) The South Suburban Airport will promote development |
and investment in the State of Illinois and serve as a critical |
transportation hub in the region. |
(d) Existing requirements of procurement and financing of |
airports by the Department impose limitations on the methods |
by which airports may be developed and operated within the |
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State. |
(e) Public-private agreements between the State of |
Illinois and one or more private entities to develop, finance, |
construct, manage, operate, maintain, or any combination |
thereof, the South Suburban Airport have the potential of |
maximizing value and benefit to the People of the State of |
Illinois and the public at large. |
(f) Public-private agreements may enable the South |
Suburban Airport to be developed, financed, constructed, |
managed, operated, and maintained in an entrepreneurial and |
business-like manner. |
(g) In the event that the State of Illinois enters into one |
or more public-private agreements to develop, finance, |
construct, manage, operate, or maintain the South Suburban |
Airport, the private parties to the agreements should be |
accountable to the People of Illinois through a comprehensive |
system of oversight, regulation, auditing, and reporting. |
(h) It is the intent of this Act to use Illinois design |
professionals, construction companies, and workers to the |
greatest extent permitted by law by offering them the right to |
compete for this work. |
(i) It is the intent of this Act for the Department to |
collaborate with affected municipalities, counties, citizens, |
elected officials, interest groups, and other stakeholders to |
foster economic development around the South Suburban Airport |
and the region, and to insure that the communities near the |
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South Suburban Airport have an ongoing opportunity to provide |
input on the development and operation of the South Suburban |
Airport.
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(Source: P.A. 98-109, eff. 7-25-13.)
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(620 ILCS 75/2-10)
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Sec. 2-10. Definitions. As used in this Act:
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"Agreement" means a public-private agreement.
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"Airport" means a facility for all types of air service, |
including, without limitation, landing fields, taxiways, |
aprons, runways, runway clear areas, heliports, hangars, |
aircraft service facilities, approaches, navigational aids, |
air traffic control facilities, terminals, inspection |
facilities, security facilities, parking, internal transit |
facilities, fueling facilities, cargo handling facilities, |
concessions, rapid transit and roadway access, land and |
interests in land, public waters, submerged land under public |
waters and reclaimed land located on previously submerged land |
under public waters, and all other property and appurtenances |
necessary or useful for development, ownership, and operation |
of any such facilities. "Airport" includes commercial or |
industrial facilities related to the functioning of the |
airport or to providing services to users of the airport.
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"Cargo-oriented development" means the development of |
places that are both multimodal nodes of freight |
transportation and centers of employment in logistics and |
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manufacturing businesses. |
"Contractor" means a person that has been selected to |
enter or has entered into a public-private agreement with the |
Department on behalf of the State for the development, |
financing, construction, management, or operation of the South |
Suburban Airport under this Act.
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"Department" means the Illinois Department of |
Transportation.
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"Inaugural airport" means all airport facilities, |
equipment, property, and appurtenances necessary or useful to |
the development and operation of the South Suburban Airport |
that are constructed, developed, installed, or acquired as of |
the commencement of public operations of the South Suburban |
Airport.
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"Inaugural airport boundary" means the property limits of |
the inaugural airport as determined by the Department, as may |
be adjusted and reconfigured from time to time.
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"Maintain" or "maintenance" includes ordinary maintenance, |
repair, rehabilitation, capital maintenance, maintenance |
replacement, and any other categories of maintenance that may |
be designated by the Department.
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"Metropolitan planning organization" means a metropolitan |
planning organization designated under 23 U.S.C. Section 134.
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"Offeror" means a person that responds to a request for |
proposals under this Act.
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"Operate" or "operation" means to do one or more of the |
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following: maintain, improve, equip, modify, or otherwise |
operate.
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"Person" means any individual, firm, association, joint |
venture, partnership, estate, trust, syndicate, fiduciary,
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corporation, or any other legal entity, group, or combination |
thereof.
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"Public-private agreement" means an agreement or contract |
between the Department on behalf of the State and all |
schedules, exhibits, and attachments thereto, entered into |
pursuant to a competitive request for proposals process |
governed by this Act, for the development, financing, |
construction, management, or operation of the South Suburban |
Airport under this Act.
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"Revenues" means all revenues, including any combination |
of, but not limited to: income; user fees; earnings; interest; |
lease payments; allocations; moneys from the federal |
government, the State, and units of local government, |
including but not limited to 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 the financing, development, construction, management, or |
operation of the South Suburban Airport.
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"State" means the State of Illinois.
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"Secretary" means the Secretary of the Illinois Department |
of Transportation.
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"South Suburban Airport" means the airport to be developed |
on a site located in Will County and approved by the Federal |
Aviation Administration in the Record of Decision for Tier 1: |
FAA Site Approval And Land Acquisition By The State Of |
Illinois, Proposed South Suburban Airport, Will County, |
Illinois, dated July 2002, and all property within the |
inaugural airport boundary and the ultimate airport boundary.
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"Ultimate airport boundary" means the development and |
property limits of the South Suburban Airport beyond the |
inaugural airport boundary as determined by the Department, as |
may be adjusted and reconfigured from time to time.
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"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, for purposes of this Act, includes |
school districts.
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"User fees" means the rates, fees, or other charges |
imposed by the State or the contractor for use of all or a |
portion of the South Suburban Airport under a public-private |
agreement.
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(Source: P.A. 98-109, eff. 7-25-13.)
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(620 ILCS 75/2-25)
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Sec. 2-25. Prequalification to enter into public-private |
agreements. The Department shall may establish a process for |
prequalification of offerors. The If the Department creates a |
prequalification process, it shall: (i) provide a public |
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notice of the prequalification at least 30 days before the |
date on which applications are due; (ii) set forth |
requirements and evaluation criteria in order to become |
prequalified; (iii) determine which offerors that have |
submitted prequalification applications, if any, meet the |
requirements and evaluation criteria; and (iv) allow only |
those offerors that have been prequalified to respond to the |
request for proposals.
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The Department shall commence the prequalification process |
within 6 months after the effective date of this amendatory |
Act of the 103rd General Assembly. |
(Source: P.A. 98-109, eff. 7-25-13.)
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