Bill Text: IL SB3798 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Public-Private Partnerships for Transportation Act. Provides that each year, at least 30 days prior to the beginning of the responsible public entity's fiscal year, the responsible public entity shall submit to the General Assembly a description of potential projects that the responsible public entity is considering undertaking under the Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. Requires any new transportation facility developed as a project under the Act to be consistent with the regional plan then in existence of any metropolitan planning organization in whose boundaries the project is located. Provides that, prior to the approval of the public-private agreement, the responsible public entity must notify the public at least 60 days prior to the approval of the public-private agreement for any projects under the Act and must hold at least one public meeting within the impacted community. Sets forth additional notice requirements. Sets forth public meeting requirements. Requires the responsible public entity to create a meeting summary including issues raised by the public and respond to all questions in writing no later than 14 days after the meeting. Requires the responsible public entity to post the summary and responses to the responsible public entity's publicly accessible website. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3798 Detail]

Download: Illinois-2023-SB3798-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3798 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
630 ILCS 5/15
Amends the Public-Private Partnerships for Transportation Act. Provides that each year, at least 30 days prior to the beginning of the responsible public entity's fiscal year, the responsible public entity shall submit to the General Assembly a description of potential projects that the responsible public entity is considering undertaking under the Act to each county, municipality, and metropolitan planning organization, with respect to each project located within its boundaries. Requires any new transportation facility developed as a project under the Act to be consistent with the regional plan then in existence of any metropolitan planning organization in whose boundaries the project is located. Provides that, prior to the approval of the public-private agreement, the responsible public entity must notify the public at least 60 days prior to the approval of the public-private agreement for any projects under the Act and must hold at least one public meeting within the impacted community. Sets forth additional notice requirements. Sets forth public meeting requirements. Requires the responsible public entity to create a meeting summary including issues raised by the public and respond to all questions in writing no later than 14 days after the meeting. Requires the responsible public entity to post the summary and responses to the responsible public entity's publicly accessible website. Makes other changes.
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A BILL FOR
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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 Partnerships for
Transportation Act is amended by changing Section 15 as
follows:
(630 ILCS 5/15)
Sec. 15. Formation of public-private agreements; project
planning.
(a) Each responsible public entity may exercise the powers
granted by this Act to do some or all to design, develop,
construct, finance, and operate any part of one or more
transportation projects through public-private agreements with
one or more private entities, except for transportation
projects for the Illiana Expressway as defined in the Public
Private Agreements for the Illiana Expressway Act. The net
proceeds, if any, arising out of a transportation project or
public-private agreement undertaken by the Department pursuant
to this Act shall be deposited into the Public-Private
Partnerships for Transportation Fund. The net proceeds arising
out of a transportation project or public-private agreement
undertaken by the Authority pursuant to this Act shall be
deposited into the Illinois State Toll Highway Authority Fund

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and shall be used only as authorized by Section 23 of the Toll
Highway Act.
(b) The Authority may enter into a public-private
partnership to design, develop, construct, finance, and
operate new toll highways authorized by the Governor and the
General Assembly pursuant to Section 14.1 of the Toll Highway
Act, non-highway transportation projects on the toll highway
system such as commuter rail or high-speed rail lines, and
intelligent transportation infrastructure that will enhance
the safety, efficiency, and environmental quality of the toll
highway system. The Authority may operate or provide
operational services such as toll collection on highways which
are developed or financed, or both, through a public-private
agreement entered into by another public entity, under an
agreement with the public entity or contractor responsible for
the transportation project.
(c) A contractor has:
(1) all powers allowed by law generally to a private
entity having the same form of organization as the
contractor; and
(2) the power to develop, finance, and operate the
transportation facility and to impose user fees in
connection with the use of the transportation facility,
subject to the terms of the public-private agreement.
No tolls or user fees may be imposed by the contractor
except as set forth in a public-private agreement.

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(d) Prior to commencing the procurement process under an
unsolicited proposal or the issuance of any request for
qualifications or request for proposals with respect to any
potential project undertaken by a responsible public entity
pursuant to Section 19 or 20 of this Act, the commencement of a
procurement process for that particular potential project
shall be authorized by joint resolution of the General
Assembly.
(e) (Blank).
(f) Any project undertaken under this Act shall be subject
to all applicable planning requirements otherwise required by
law, including land use planning, regional planning,
transportation planning, and environmental compliance
requirements.
(g) (Blank).
(h) The responsible public entity shall hold one or more
public hearings following its submittals to the General
Assembly under subsection (d) of this Section. These public
hearings shall address any potential project that the
responsible public entity submitted to the General Assembly
for review under subsection (d). The responsible public entity
shall publish a notice of the hearing or hearings at least 7
days before a hearing takes place, and shall include the
following in the notice: (i) the date, time, and place of the
hearing and the address of the responsible public entity; (ii)
a brief description of the potential projects that the

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responsible public entity is considering undertaking; and
(iii) a statement that the public may comment on the potential
projects.
(i) Each year, at least 30 days prior to the beginning of
the responsible public entity's fiscal year, the responsible
public entity shall submit to the General Assembly a
description of potential projects that the responsible public
entity is considering undertaking under this Act to each
county, municipality, and metropolitan planning organization,
with respect to each project located within its boundaries.
(j) Any new transportation facility developed as a project
under this Act must be consistent with the regional plan then
in existence of any metropolitan planning organization in
whose boundaries the project is located.
(k) Prior to the approval of the public-private agreement,
the responsible public entity must notify the public at least
60 days prior to the approval of the public-private agreement
for any projects under this Act and must hold at least one
public meeting within the impacted community. The notice
required under this subsection must include the following
information:
(1) the date, time, and location of the public meeting
required under this Section;
(2) the date and time of all public meetings regarding
the project;
(3) where to access the project description described

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under paragraph (3) of subsection (c) of Section 19, if
applicable;
(4) the expected location of the project and
associated construction duration; and
(5) a non-English version of the notice if 10% or more
of the local population speaks a primary language other
than English, which shall reflect the prevalent languages
of the non-English speaking residents in that area.
(l) The public meeting is subject to the following rules:
(1) The public meeting must begin after 5:00 p.m. and
be located at a venue that is accessible to persons with
disabilities and the owner or operator of the venue must
provide reasonable accommodations, as defined in the
Americans with Disabilities Act, upon request.
(2) The responsible public entity must provide
translation services during a public meeting if a proposed
project is located in an area in which 10% or more of the
local population speaks a primary language other than
English, if requested by a non-English speaking member of
the public.
(m) During a public meeting, a contractor must:
(1) present the schedule and process for the project,
which must cover the noise, air quality, environmental,
public health, and any other community impacts expected
from the project;
(2) include a question-and-answer portion of the

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