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| Public Act 103-0864
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| HB5496 Enrolled | LRB103 37504 MXP 67627 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Public-Private Agreements for the South |
Suburban Airport Act is amended by adding Sections 2-26 and |
2-41 as follows:
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(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.
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(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.
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Section 10. The Public-Private Partnerships for |
Transportation Act is amended by changing Section 10 as |
follows:
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(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, |
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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 |
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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, |
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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 |
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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.)
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