Bill Text: IL HB5496 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Public-Private Agreements for the South Suburban Airport Act. Provides that in addition to the prequalification process under the Act, the Department of Transportation shall accept any unsolicited bids for the South Suburban Airport received pursuant to the Public-Private Partnerships for Transportation Act. Provides that nothing within the provisions shall be construed to restrict the obligations of the Department to respond to any unsolicited bids under the Public-Private Partnerships for Transportation Act. Amends the Public-Private Partnerships for Transportation Act. Provides that "transportation facility" includes the South Suburban Airport. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0864 [HB5496 Detail]

Download: Illinois-2023-HB5496-Enrolled.html

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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.

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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,

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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.)
Section 99. Effective date. This Act takes effect upon

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