Public Act 103-0864

HB5496 EnrolledLRB103 37504 MXP 67627 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 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.)