Bill Text: IL SB3673 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Public-Private Agreements for the South Suburban Airport Act. Provides that in addition to the prequalification process in 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 in this provision inhibits or restricts the obligations of the Department to respond to any unsolicited bids under the Public-Private Partnerships for Transportation Act. Provides that 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. Amends the Public-Private Partnerships for Transportation Act. Changes the definition of "transportation facility" to include the South Suburban Airport. Makes a conforming change. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3673 Detail]

Download: Illinois-2023-SB3673-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3673

Introduced 2/9/2024, by Sen. Napoleon Harris, III

SYNOPSIS AS INTRODUCED:
620 ILCS 75/2-26 new
620 ILCS 75/2-27 new
630 ILCS 5/10

Amends the Public-Private Agreements for the South Suburban Airport Act. Provides that in addition to the prequalification process in 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 in this provision inhibits or restricts the obligations of the Department to respond to any unsolicited bids under the Public-Private Partnerships for Transportation Act. Provides that 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. Amends the Public-Private Partnerships for Transportation Act. Changes the definition of "transportation facility" to include the South Suburban Airport. Makes a conforming change. Effective immediately.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public-Private Agreements for the South
5Suburban Airport Act is amended by adding Sections 2-26 and
62-27 as follows:
7 (620 ILCS 75/2-26 new)
8 Sec. 2-26. Unsolicited bids for the South Suburban
9Airport. In addition to the prequalification process in this
10Act, the Department shall accept any unsolicited bids for the
11South Suburban Airport received pursuant to the Public-Private
12Partnerships for Transportation Act. Nothing in this Section
13inhibits or restricts the obligations of the Department to
14respond to any unsolicited bids under the Public-Private
15Partnerships for Transportation Act.
16 (620 ILCS 75/2-27 new)
17 Sec. 2-27. Direct sole source negotiations.
18Notwithstanding any other provision of law, the Department may
19enter into direct sole source negotiations with potential
20private airport development teams for the development,
21financing, building, operating, and maintaining of the
22airport.

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1 Section 10. The Public-Private Partnerships for
2Transportation Act is amended by changing Section 10 as
3follows:
4 (630 ILCS 5/10)
5 Sec. 10. Definitions. As used in this Act:
6 "Approved proposal" means the proposal that is approved by
7the responsible public entity pursuant to subsection (j) of
8Section 20 of this Act.
9 "Approved proposer" means the private entity whose
10proposal is the approved proposal.
11 "Authority" means the Illinois State Toll Highway
12Authority.
13 "Contractor" means a private entity that has entered into
14a public-private agreement with the responsible public entity
15to provide services to or on behalf of the responsible public
16entity.
17 "Department" means the Illinois Department of
18Transportation.
19 "Design-build agreement" means the agreement between the
20selected private entity and the responsible public entity
21under which the selected private entity agrees to furnish
22design, construction, and related services for a
23transportation facility under this Act.
24 "Develop" or "development" means to do one or more of the

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1following: plan, design, develop, lease, acquire, install,
2construct, reconstruct, rehabilitate, extend, or expand.
3 "Maintain" or "maintenance" includes ordinary maintenance,
4repair, rehabilitation, capital maintenance, maintenance
5replacement, and any other categories of maintenance that may
6be designated by the responsible public entity.
7 "Operate" or "operation" means to do one or more of the
8following: maintain, improve, equip, modify, or otherwise
9operate.
10 "Private entity" means any combination of one or more
11individuals, corporations, general partnerships, limited
12liability companies, limited partnerships, joint ventures,
13business trusts, nonprofit entities, or other business
14entities that are parties to a proposal for a transportation
15project or an agreement related to a transportation project. A
16public agency may provide services to a contractor as a
17subcontractor or subconsultant without affecting the private
18status of the private entity and the ability to enter into a
19public-private agreement. A transportation agency is not a
20private entity.
21 "Proposal" means all materials and documents prepared by
22or on behalf of a private entity relating to the proposed
23development, financing, or operation of a transportation
24facility as a transportation project.
25 "Proposer" means a private entity that has submitted an
26unsolicited proposal for a public-private agreement to a

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1responsible public entity under this Act or a proposal or
2statement of qualifications for a public-private agreement in
3response to a request for proposals or a request for
4qualifications issued by a responsible public entity under
5this Act.
6 "Public-private agreement" means the public-private
7agreement between the contractor and the responsible public
8entity relating to one or more of the development, financing,
9or operation of a transportation project that is entered into
10under this Act.
11 "Request for information" means all materials and
12documents prepared by or on behalf of the responsible public
13entity to solicit information from private entities with
14respect to transportation projects.
15 "Request for proposals" means all materials and documents
16prepared by or on behalf of the responsible public entity to
17solicit proposals from private entities to enter into a
18public-private agreement.
19 "Request for qualifications" means all materials and
20documents prepared by or on behalf of the responsible public
21entity to solicit statements of qualification from private
22entities to enter into a public-private agreement.
23 "Responsible public entity" means the Department of
24Transportation, the Illinois State Toll Highway Authority.
25 "Revenues" means all revenues, including any combination
26of: income; earnings and interest; user fees; lease payments;

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1allocations; federal, State, and local appropriations, grants,
2loans, lines of credit, and credit guarantees; bond proceeds;
3equity investments; service payments; or other receipts;
4arising out of or in connection with a transportation project,
5including the development, financing, and operation of a
6transportation project. The term includes money received as
7grants, loans, lines of credit, credit guarantees, or
8otherwise in aid of a transportation project from the federal
9government, the State, a unit of local government, or any
10agency or instrumentality of the federal government, the
11State, or a unit of local government.
12 "Shortlist" means the process by which a responsible
13public entity will review, evaluate, and rank statements of
14qualifications submitted in response to a request for
15qualifications and then identify the proposers who are
16eligible to submit a detailed proposal in response to a
17request for proposals. The identified proposers constitute the
18shortlist for the transportation project to which the request
19for proposals relates.
20 "Transportation agency" means (i) the Department or (ii)
21the Authority.
22 "Transportation facility" means any new or existing road,
23highway, toll highway, bridge, tunnel, intermodal facility,
24intercity or high-speed passenger rail, the South Suburban
25Airport, or other transportation facility or infrastructure,
26excluding all other airports, under the jurisdiction of a

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1responsible public entity, except those facilities for the
2Illiana Expressway. The term "transportation facility" may
3refer to one or more transportation facilities that are
4proposed to be developed or operated as part of a single
5transportation project.
6 "Transportation project" or "project" means any or the
7combination of the design, developme
nt, construction,
8financing, or operation with respect to all or a portion of any
9transportation facility under the jurisdiction of the
10responsible public entity, except those facilities for the
11Illiana Expressway, undertaken pursuant to this Act.
12 "Unit of local government" has the meaning ascribed to
13that term in Article VII, Section 1 of the Constitution of the
14State of Illinois and also means any unit designated as a
15municipal corporation.
16 "Unsolicited proposal" means a written proposal that is
17submitted to a responsible public entity on the initiative of
18the private sector entity or entities for the purpose of
19developing a partnership, and that is not in response to a
20formal or informal request issued by a responsible public
21entity.
22 "User fees" or "tolls" means the rates, tolls, fees, or
23other charges imposed by the contractor for use of all or a
24portion of a transportation project under a public-private
25agreement.
26(Source: P.A. 103-570, eff. 1-1-24.)

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