Bill Text: IL HB5480 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Repeals the Public Private Agreements for the Illiana Expressway Act. Creates the Joliet Bridge Act. Provides that the Illinois Department of Transportation on behalf of the State, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and the new Act, may enter into one or more public-private agreements with one or more contractors to develop, finance, construct, manage, or operate the Joliet Bridge on behalf of the State, and further pursuant to which the contractors may receive certain revenues including user fees in consideration of the payment of money to the State for that right. Contains provisions concerning: procurement; prequalification; provisions of the agreement; interim agreements; termination; proceeds; the creation of the Joliet Bridge Proceeds Fund as a special fund in the State treasury; user fees; selection of design firms; other contracts; planning; reporting; publication; tolls; audits; property acquisition; standards; finance; labor; law enforcement; preemption of home rule; and severability. Makes corresponding changes in the Department of Transportation Law of the Civil Administrative Code of Illinois; the Illinois Finance Authority Act; the State Finance Act; the Public Construction Bond Act; the Employment of Illinois Workers on Public Works Act; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Retailers' Occupation Tax Act; the Property Tax Code; the Public-Private Partnerships for Transportation Act; the Eminent Domain Act; and the Prevailing Wage Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5480 Detail]

Download: Illinois-2019-HB5480-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5480 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
See Index
Repeals the Public Private Agreements for the Illiana Expressway Act. Creates the Joliet Bridge Act. Provides that the Illinois Department of Transportation on behalf of the State, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and the new Act, may enter into one or more public-private agreements with one or more contractors to develop, finance, construct, manage, or operate the Joliet Bridge on behalf of the State, and further pursuant to which the contractors may receive certain revenues including user fees in consideration of the payment of money to the State for that right. Contains provisions concerning: procurement; prequalification; provisions of the agreement; interim agreements; termination; proceeds; the creation of the Joliet Bridge Proceeds Fund as a special fund in the State treasury; user fees; selection of design firms; other contracts; planning; reporting; publication; tolls; audits; property acquisition; standards; finance; labor; law enforcement; preemption of home rule; and severability. Makes corresponding changes in the Department of Transportation Law of the Civil Administrative Code of Illinois; the Illinois Finance Authority Act; the State Finance Act; the Public Construction Bond Act; the Employment of Illinois Workers on Public Works Act; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Retailers' Occupation Tax Act; the Property Tax Code; the Public-Private Partnerships for Transportation Act; the Eminent Domain Act; and the Prevailing Wage Act.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
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 1. Short title. This Act may be cited as the Joliet
Bridge Act.
Section 5. Definitions. As used in this Act:
"Agreement" means a public-private agreement.
"Authority" means the Illinois State Toll Highway
Authority.
"Contractor" means a private entity that has entered into a
public-private agreement with the transportation agency on
behalf of the State for the development, financing,
construction, management, or operation of the Joliet Bridge
pursuant to this Act.
"Department" means the Illinois Department of
Transportation.
"Joliet Bridge" means the bridge carrying Interstate I-80
in the City of Joliet, Will County over the Des Plaines River.
"Metropolitan planning organization" means a metropolitan
planning organization designated under 23 U.S.C. Section 134.
"Offeror" means a private entity that responds to a request
for proposals under this Act.
"Pension fund" means any defined benefit plan and defined

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contribution plan operating and domiciled in North America for
the benefit of employees in North America. "Pension fund" does
not include any retirement system, pension fund, or investment
board subject to the Illinois Pension Code.
"Private entity" means any individual, firm, association,
joint venture, partnership, estate, trust, syndicate,
fiduciary, corporation, or any other legal entity, group,
pension fund, or combination thereof.
"Public-private agreement" means an agreement or contract
between the Department and the Authority on behalf of the State
and all schedules, exhibits, and attachments thereto, entered
into pursuant to a competitive request for proposals process
governed by the Illinois Procurement Code and rules adopted
under that Code and this Act, for the development, financing,
construction, management, or operation of the Joliet Bridge
pursuant to this Act.
"Revenues" means all revenues, including, but not limited
to, income; user fees; earnings; interest; lease payments;
allocations; money from the federal government, the State, and
units of local government, including, but not limited to,
federal, State, and local appropriations, grants, loans, lines
of credit, and credit guarantees; bond proceeds; equity
investments; service payments; and other receipts arising out
of or in connection with the financing, development,
construction, management, or operation of the Joliet Bridge.
"State" means the State of Illinois.

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"Secretary" means the Secretary of the Illinois Department
of Transportation.
"Transportation agency" means: (i) the Department; or (ii)
the Authority.
"Unit of local government" has the meaning provided in
Section 1 of Article VII of the Illinois Constitution. As used
in this Act, "unit of local government" includes school
districts.
"User fees" means the tolls, rates, fees, or other charges
imposed by the State or the contractor for the use of all or
part of the Joliet Bridge.
Section 10. Public-private agreement authorized.
(a) Notwithstanding any provision of law to the contrary,
the Department, on behalf of the State and pursuant to a
competitive request for proposals process governed by the
Illinois Procurement Code and rules adopted under that Code and
this Act, may enter into one or more public-private agreements
with one or more contractors to develop, finance, construct,
manage, or operate the Joliet Bridge on behalf of the State,
and further pursuant to which the contractors may receive
certain revenues, including, but not limited to, user fees in
consideration of the payment of money to the State for that
right.
(b) Before taking any action in connection with the
development, financing, maintenance, or operation of the

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Joliet Bridge that is not authorized by an interim agreement
under Section 30 of this Act, the contractor shall enter into a
public-private agreement.
(c) The term of a public-private agreement, including all
extensions, shall be no more than 50 years and no less than 30
years.
(d) The term of a public-private agreement may be extended
only if the extension is specifically authorized by the General
Assembly by law.
Section 15. Procurement; prequalification. The Department
may establish a process for prequalification of offerors. If
the Department does create such a process, it shall:
(1) provide a public notice of the prequalification at
least 30 days before the date on which applications are
due;
(2) set forth requirements and evaluation criteria in
order to become prequalified;
(3) determine which offerors that have submitted
prequalification applications, if any, meet the
requirements and evaluation criteria; and
(4) allow only those offerors that have been
prequalified to respond to the request for proposals.
Section 20. Procurement; request for proposals process.
(a) Notwithstanding any provision of law to the contrary,

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the Department on behalf of the State shall select a contractor
through a competitive request for proposals process governed by
the Illinois Procurement Code and rules adopted under that Code
and this Act.
(b) The competitive request for proposals process, at a
minimum, shall solicit statements of qualification and
proposals from offerors.
(c) The competitive request for proposals process, at a
minimum, shall take into account the following criteria:
(1) the offeror's plans for the Joliet Bridge project;
(2) the offeror's current and past business practices;
(3) the offeror's poor or inadequate past performance
in developing, financing, constructing, managing, or
operating highways or other public assets;
(4) the offeror's ability to meet and past performance
in meeting or exhausting good faith efforts to meet the
goals established in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act;
(5) the offeror's ability to comply with and past
performance in complying with Section 2-105 of the Illinois
Human Rights Act; and
(6) the offeror's plans to comply with the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human
Rights Act.
(d) The Department shall retain the services of the

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Authority and of an advisor or advisors with significant
experience in the development, financing, construction,
management, or operation of public assets to assist in the
preparation of the request for proposals.
(e) The Department shall not include terms in the request
for proposals that provide an advantage, whether directly or
indirectly, to any contractor presently providing goods,
services, or equipment to the Department.
(f) The Department shall select at least 2 offerors as
finalists. The Department shall submit the offerors'
statements of qualification and proposals to the Commission on
Government Forecasting and Accountability and the Procurement
Policy Board, which shall, within 30 days of the submission,
complete a review of the statements of qualification and
proposals and, jointly or separately, report on, at a minimum,
the satisfaction of the criteria contained in the request for
proposals, the qualifications of the offerors, and the value of
the proposals to the State. The Department shall not select an
offeror as the contractor for the Joliet Bridge project until
it has received and considered the findings of the Commission
on Government Forecasting and Accountability and the
Procurement Policy Board as set forth in their respective
reports.
(g) Before awarding a public-private agreement to an
offeror, the Department shall schedule and hold a public
hearing or hearings on the proposed public-private agreement

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and publish notice of the hearing or hearings at least 7 days
before the hearing and in accordance with Section 4-219 of the
Illinois Highway Code. The notice must include the following:
(1) the date, time, and place of the hearing and the
address of the Department;
(2) the subject matter of the hearing;
(3) a description of the agreement that may be awarded;
and
(4) the recommendation that has been made to select an
offeror as the contractor for the Joliet Bridge project.
At the hearing, the Department shall allow the public to be
heard on the subject of the hearing.
(h) After the procedures required in this Section have been
completed, the Department shall make a determination whether
the offeror should be designated as the contractor for the
Joliet Bridge project and shall submit the decision to the
Governor and the Governor's Office of Management and Budget.
Section 25. Provisions of the public-private agreement.
(a) The public-private agreement shall include all of the
following:
(1) the term of the public-private agreement that is
consistent with Section 10 of this Act;
(2) the powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(3) compensation or payments to the Department, if

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applicable;
(4) compensation or payments to the contractor;
(5) a provision specifying that the Department:
(A) has ready access to information regarding the
contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement;
(B) has the right to demand and receive information
from the contractor concerning any aspect of the
contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement; and
(C) has the authority to direct or countermand
decisions by the contractor at any time;
(6) a provision imposing an affirmative duty on the
contractor to provide the Department with any information
the contractor reasonably believes the Department would
want to know or would need to know to enable the Department
to exercise its powers, carry out its duties,
responsibilities, and obligations, and perform its
functions under this Act or the public-private agreement or
as otherwise required by law;
(7) a provision requiring the contractor to provide the
Department with advance notice of any decision that bears
significantly on the public interest so the Department has
a reasonable opportunity to evaluate and countermand that

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decision pursuant to this Section;
(8) a requirement that the Department monitor and
oversee the contractor's practices and take action that the
Department considers appropriate to ensure that the
contractor is in compliance with the terms of the
public-private agreement;
(9) the authority of the Department to enter into
contracts with third parties pursuant to Section 55 of this
Act;
(10) a provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(11) a provision stating that, if the contractor does
not have a subcontract with a design-build entity in effect
at the time of execution of the public-private agreement by
the Department, the contractor must follow a selection
process that is, to the greatest extent possible, identical
to the selection process contained in the Design-Build
Procurement Act;
(12) the authority of the contractor to impose user
fees and the amounts of those fees, including the authority
of the contractor to use congestion pricing, pursuant to
which higher tolls rates are imposed during times or in
locations of increased congestion;
(13) a provision governing the deposit and allocation
of revenues, including user fees;
(14) a provision governing rights to real and personal

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property of the State, the Department, the contractor, and
other third parties;
(15) a provision stating that the contractor must,
pursuant to Section 80 of this Act, finance an independent
audit if the construction costs under the contract exceed
$50,000,000;
(16) a provision regarding the implementation and
delivery of a comprehensive system of internal audits;
(17) a provision regarding the implementation and
delivery of reports, which must include a requirement that
the contractor file with the Department, at least on an
annual basis, financial statements containing information
required by generally accepted accounting principles:
(18) procedural requirements for obtaining the prior
approval of the Department when rights that are the subject
of the agreement, including, but not limited to,
development rights, construction rights, property rights,
and rights to certain revenues, are sold, assigned,
transferred, or pledged as collateral;
(19) grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under Section 35 of this Act;
(20) a requirement that the contractor enter into a
project labor agreement pursuant to Section 105 of this
Act;
(21) a provision stating that construction contractors

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shall comply with the requirements of Section 30-22 of the
Illinois Procurement Code pursuant to Section 105 of this
Act;
(22) timelines, deadlines, and scheduling;
(23) review of plans, including development,
financing, construction, management, or operations plans,
by the Department;
(24) inspections by the Department, including
inspections of construction work and improvements;
(25) the rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the
terms of the agreement;
(26) a requirement that the Authority create, operate,
and manage a toll system pursuant to Section 75 of this Act
and that the Authority may, pursuant to the agreement,
operate and maintain the Joliet Bridge;
(27) a requirement that the Joliet Bridge transfer to
the Authority upon termination of the agreement;
(28) a requirement that the Joliet Bridge have 4
east-bound lanes and 4 west-bound lanes with dedicated
lanes for freight vehicles once the Joliet Bridge is placed
in service;
(29) language permitting the use of a design-build
agreement permitting the contractor to furnish design,
construction, and related services for the Joliet Bridge
under this Act;

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(30) a code of ethics for the contractor's officers and
employees; and
(31) procedures for amendment to the agreement.
(b) The public-private agreement may include any or all of
the following:
(1) a provision regarding the extension of the
agreement that is consistent with Section 10 of this Act;
(2) cash reserves requirements;
(3) delivery of performance and payment bonds or other
performance security in a form and amount that is
satisfactory to the Department;
(4) maintenance of public liability insurance;
(5) maintenance of self-insurance;
(6) provisions governing grants and loans, pursuant to
which the Department may agree to make grants or loans for
the development, financing, construction, management, or
operation of the Joliet Bridge project from time to time
from amounts received from the federal government or any
agency or instrumentality of the federal government or from
any State or local agency;
(7) reimbursements to the Department for work
performed and goods, services, and equipment provided by
the Department; and
(8) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.

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Section 30. Interim agreements.
(a) Before or in connection with the negotiation of the
public-private agreement, the Department may enter into an
interim agreement with the contractor.
(b) The interim agreement may not authorize the contractor
to perform construction work before the execution of the
public-private agreement.
(c) The interim agreement may include any or all of the
following:
(1) timelines, deadlines, and scheduling;
(2) compensation, including the payment of costs and
fees if the Department terminates the interim agreement or
declines to proceed with the negotiation of the
public-private agreement;
(3) a provision governing the contractor's authority
to commence activities related to the Joliet Bridge
project, including, but not limited to, project planning,
advance right-of-way acquisition, design and engineering,
environmental analysis and mitigation, surveying,
conducting studies including revenue and transportation
studies, and ascertaining the availability of financing;
(4) procurement procedures;
(5) a provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;

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(6) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.
(d) The Department may enter into one or more interim
agreements with one or more contractors if the Department
determines in writing that it is in the public interest to do
so.
Section 35. Termination of the public-private agreement.
The Department may terminate a public-private agreement or
interim agreement if the contractor or any executive employee
of the contractor is found guilty of any criminal offense
related to the conduct of its business or the regulation
thereof in any jurisdiction. As used in this Section,
"executive employee" means the president, chairman, chief
executive officer, or chief financial officer; any employee
with executive decision-making authority over the long-term or
day-to-day affairs of the contractor; and any employee whose
compensation or evaluation is determined in whole or in part by
the award of the public-private agreement.
Section 40. Public-private agreement proceeds. After the
payment of all transaction costs, including payments for legal,
accounting, financial, consultation, and other professional
services, all money received by the State as compensation for
the public-private agreement shall be deposited into the Joliet

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Bridge Proceeds Fund, which is hereby created as a special fund
in the State treasury. Expenditures may be made from the Fund
only in the manner as appropriated by the General Assembly.
Section 45. User fees. No user fees may be imposed by the
contractor except as set forth in the public-private agreement.
Section 50. Selection of professional design firms.
Notwithstanding any provision of law to the contrary, the
selection of professional design firms by the Department or the
contractor shall comply with the Architectural, Engineering,
and Land Surveying Qualifications Based Selection Act.
Section 55. Other contracts. The Department may award,
pursuant to the Illinois Procurement Code and rules adopted
under that Code, contracts for goods, services, or equipment to
private entities other than the contractor for goods, services,
or equipment not provided for in the public-private agreement.
Section 60. Planning for the Joliet Bridge project. The
Joliet Bridge project shall be subject to all applicable
planning requirements otherwise required by law, including
land use planning, regional planning, transportation planning,
and environmental compliance requirements.
Section 65. Department reporting requirements and

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information requests.
(a) The Department shall submit written monthly progress
reports to the Procurement Policy Board and the General
Assembly on the Joliet Bridge project. The report shall include
the status of any public-private agreements or other
contracting and any ongoing or completed studies. The
Procurement Policy Board may determine the format for the
written monthly progress reports.
(b) The Department shall also respond promptly in writing
to all inquiries and comments of the Procurement Policy Board
with respect to any conduct taken by the Department to
implement, execute, or administer this Act.
(c) Upon request, the Department shall appear and testify
before the Procurement Policy Board and produce information
requested by the Procurement Policy Board.
(d) At least 30 days before the beginning of the
Department's fiscal year, the Department shall prepare an
annual written progress report on the Joliet Bridge project.
The report shall include the status of any public-private
agreements or other contracting and any ongoing or completed
studies. The report shall be delivered to the Procurement
Policy Board and each county, municipality, and metropolitan
planning organization whose territory includes or lies within 5
miles from a proposed or existing Joliet Bridge project site.
Section 70. Department publication requirements.

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(a) The Department shall publish a notice of the execution
of the public-private agreement on its website and in a
newspaper of general circulation within the county or counties
whose territory includes or lies within 5 miles from a proposed
or existing Joliet Bridge project site.
(b) The Department shall publish the full text of the
public-private agreement on its website.
Section 75. Electronic toll collection systems. Any
electronic toll collection system used on the Joliet Bridge
must be compatible with the electronic toll collection system
used by the Illinois State Toll Highway Authority.
Section 80. Independent audits. If the public-private
agreement provides for the construction of all or part of the
Joliet Bridge project and the estimated construction costs
under the agreement exceed $50,000,000, the Department must
also require the contractor to finance an independent audit of
all traffic and cost estimates associated with the agreement as
well as a review of all public costs and potential liabilities
to which taxpayers could be exposed (including improvements to
other transportation facilities that may be needed as a result
of the agreement, failure by the contractor to reimburse the
Department for services provided, and potential risk and
liability in the event of default on the agreement or default
on other types of financing). The independent audit must be

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conducted by an independent consultant selected by the
Department.
Section 85. Property acquisition. The Department may
acquire property for the Joliet Bridge project using the powers
granted to it in the Illinois Highway Code and the Eminent
Domain Act.
Section 90. Rights of transportation agencies upon
expiration or termination of the agreement.
(a) Upon the termination or expiration of the
public-private agreement, including a termination for default,
the Authority shall have the right to take over the Joliet
Bridge project and to succeed to all of the right, title, and
interest in the Joliet Bridge project, subject to any liens on
revenues previously granted by the contractor to any person
providing financing for the Joliet Bridge project.
(b) If the Authority elects to take over the Joliet Bridge
project as provided in subsection (a) of this Section, the
Authority may do, without limitation, the following:
(1) develop, finance, construct, maintain, or operate
the project, including through another public-private
agreement entered into in accordance with this Act; or
(2) impose, collect, retain, and use user fees, if any,
for the project.
(c) If the Authority elects to take over the Joliet Bridge

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project as provided in subsection (a) of this Section, the
Department, without limitation, may use the revenues, if any,
for any lawful purpose, including to:
(1) make payments to individuals or entities in
connection with any financing of the Joliet Bridge project;
(2) permit a contractor or third party to receive some
or all of the revenues under the public-private agreement
entered into under this Act;
(3) pay development costs of the Joliet Bridge;
(4) pay current operation costs of the Joliet Bridge;
and
(5) pay the contractor for any compensation or payment
owing upon termination.
(d) All real property acquired as a part of the Joliet
Bridge shall be held in the name of the State of Illinois upon
termination of the Joliet Bridge project.
(e) The full faith and credit of the State or any political
subdivision of the State or the Department is not pledged to
secure any financing of the contractor by the election to take
over the Joliet Bridge project. The assumption of the
development or operation, or both, of the Joliet Bridge project
does not obligate the State or any political subdivision of the
State or the Department or the Authority to pay any obligation
of the contractor.
Section 95. Standards for the Joliet Bridge project.

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(a) The plans and specifications for the Joliet Bridge
project must comply with:
(1) the Department's and the Authority's standards for
other projects of a similar nature or as otherwise provided
in the public-private agreement;
(2) the Professional Engineering Practice Act of 1989,
the Structural Engineering Practice Act of 1989, the
Illinois Architecture Practice Act of 1989, and the
Illinois Professional Land Surveyor Act of 1989; and
(3) any other applicable State or federal standards.
(b) The Joliet Bridge constructed under this Act is
considered part of the State highway system for purposes of
identification, maintenance standards, and enforcement of
traffic laws under the jurisdiction of the Department or
Authority. The Department and Authority shall establish
performance-based standards for financial documents related to
the Joliet Bridge.
Section 100. Financial arrangements.
(a) The Department may apply for, execute, or endorse
applications submitted by contractors and other third parties
to obtain federal, State, or local credit assistance to
develop, finance, maintain, or operate the Joliet Bridge
project.
(b) The Department may take any action to obtain federal,
State, or local assistance for the Joliet Bridge project that

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serves the public purpose of this Act and may enter into any
contracts required to receive the federal assistance. The
Department may determine that it serves the public purpose of
this Act for all or any portion of the costs of the Joliet
Bridge project to be paid, directly or indirectly, from the
proceeds of a grant or loan, line of credit, or loan guarantee
made by a local, State, or federal government or any agency or
instrumentality of a local, State, or federal government. Such
assistance may include, but not be limited to, federal credit
assistance pursuant to the Transportation Infrastructure
Finance and Innovation Act.
(c) The Department may agree to make grants or loans for
the development, financing, construction, management, or
operation of the Joliet Bridge project from time to time, from
amounts received from the federal, State, or local government
or any agency or instrumentality of the federal, State, or
local government.
(d) Any financing of the Joliet Bridge project may be in
the amounts and subject to the terms and conditions contained
in the public-private agreement.
(e) For the purpose of financing the Joliet Bridge project,
the contractor and the Department may do the following:
(1) propose to use revenues that may be available to
them;
(2) enter into grant agreements;
(3) access any other funds available to the Department;

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and
(4) accept grants from any public or private agency or
entity.
(f) For the purpose of financing the Joliet Bridge project,
public funds may be used and mixed and aggregated with funds
provided by or on behalf of the contractor or other private
entities.
(g) For the purpose of financing the Joliet Bridge project,
the Department is authorized to apply for, execute, or endorse
applications for an allocation of tax-exempt bond financing
authorization under Section 142(m) of the United States
Internal Revenue Code, as well as financing available under any
other federal law or program.
(h) Any bonds, debt, or other securities or other financing
issued by or on behalf of a contractor for a project undertaken
pursuant to this Act shall not be deemed to constitute a debt
of the State or any political subdivision of the State or a
pledge of the faith and credit of the State or any political
subdivision of the State.
Section 105. Labor.
(a) The public-private agreement shall require the
contractor to enter into a project labor agreement.
(b) The public-private agreement shall require all
construction contractors to comply with the requirements of
Section 30-22 of the Illinois Procurement Code as they apply to

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responsible bidders and to present satisfactory evidence of
that compliance to the Department, unless the Joliet Bridge
project is federally funded and the application of those
requirements would jeopardize the receipt or use of federal
funds in support of the Joliet Bridge project.
Section 110. Law enforcement.
(a) All law enforcement officers of the State and of each
affected local jurisdiction have the same powers and
jurisdiction within the boundaries of the Joliet Bridge as they
have in their respective areas of jurisdiction.
(b) Law enforcement officers shall have access to the
Joliet Bridge at any time for the purpose of exercising their
powers and jurisdiction.
(c) The traffic and motor vehicle laws of the State of
Illinois, or, if applicable, any local jurisdiction, shall be
the same as those applying to the conduct occurring on highways
in the State of Illinois or the local jurisdiction.
(d) Punishment for infractions and offenses shall be as
prescribed by law for the conduct occurring on highways in the
State of Illinois or the local jurisdiction.
Section 115. Term of agreement; transfer of property to the
Authority.
(a) The Department shall terminate the contractor's
authority and duties under the public-private agreement on the

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date set forth in the public-private agreement.
(b) Upon termination of the public-private agreement, the
authority and duties of the contractor under this Act cease,
except for those duties and obligations that extend beyond the
termination, as set forth in the public-private agreement, and
all interests in the Joliet Bridge shall transfer to the
Authority.
Section 120. Additional powers of the Department and the
Authority with respect to the Joliet Bridge.
(a) The Department and the Authority may exercise any
powers provided under this Act in participation or cooperation
with any governmental entity and enter into any contracts to
facilitate that participation or cooperation. The Department
shall cooperate with other governmental entities under this
Act.
(b) The Department and the Authority may make and enter
into all contracts and agreements necessary or incidental to
the performance of the Department's duties and the execution of
the Department's powers under this Act. Except as otherwise
required by law, these contracts or agreements are not subject
to any approvals other than the approval of the Department or
federal agencies.
(c) The Department and the Authority may pay the costs
incurred under the public-private agreement entered into under
this Act from any funds available to the Department for the

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purpose of the Joliet Bridge under this Act or any other
statute.
(d) The Department or any other State agency may not take
any action that would impair the public-private agreement
entered into under this Act, except as provided by law.
(e) The Department and the Authority may enter into an
agreement between and among the contractor, the Department, and
the Illinois State Police concerning the provision of law
enforcement assistance with respect to the Joliet Bridge under
this Act.
(f) The Department is authorized to enter into arrangements
with the Illinois State Police related to costs incurred in
providing law enforcement assistance under this Act.
Section 125. Home rule. A unit of local government,
including a home rule unit, may not take any action that would
have the effect of impairing a public-private agreement under
this Act. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
Section 130. Powers liberally construed. The powers
conferred by this Act shall be liberally construed in order to
accomplish their purposes and shall be in addition and
supplemental to the powers conferred by any other law. If any
other law or rule is inconsistent with this Act, this Act is

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controlling as to any public-private agreement entered into
under this Act.
Section 135. Full and complete authority. This Act contains
full and complete authority for agreements and leases with
private entities to carry out the activities described in this
Act. Except as otherwise required by law, no procedures,
proceedings, publications, notices, consents, approvals,
orders, or acts by the Department or any other State or local
agency or official are required to enter into an agreement or
lease.
Section 140. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 905. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-220 as follows:
(20 ILCS 2705/2705-220)
Sec. 2705-220. Public private partnerships for
transportation. The Department may exercise all powers granted
to it under the Joliet Bridge Act Public Private Agreements for
the Illiana Expressway Act and the Public-Private Agreements
for the South Suburban Airport Act.
(Source: P.A. 98-109, eff. 7-25-13.)

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Section 910. The Illinois Finance Authority Act is amended
by changing Section 825-105 as follows:
(20 ILCS 3501/825-105)
Sec. 825-105. Joliet Bridge Project Illiana Expressway
financing. For the purpose of financing the Joliet Bridge
Project under the Joliet Bridge Act Illiana Expressway under
the Public Private Agreements for the Illiana Expressway Act,
the Authority is authorized to apply for an allocation of
tax-exempt bond financing authorization provided by Section
142(m) of the United States Internal Revenue Code, as well as
financing available under any other federal law or program.
(Source: P.A. 96-913, eff. 6-9-10; 97-333, eff. 8-12-11.)
Section 915. The State Finance Act is amended by adding
Section 5.930 as follows:
(30 ILCS 105/5.930 new)
Sec. 5.930. The Joliet Bridge Proceeds Fund.
Section 920. The Public Construction Bond Act is amended by
changing Section 1.5 as follows:
(30 ILCS 550/1.5)
Sec. 1.5. Public private agreements. This Act applies to

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any public private agreement entered into under the Joliet
Bridge Act Public Private Agreements for the Illiana Expressway
Act or the Public-Private Agreements for the South Suburban
Airport Act.
(Source: P.A. 98-109, eff. 7-25-13.)
Section 925. The Employment of Illinois Workers on Public
Works Act is amended by changing Section 2.5 as follows:
(30 ILCS 570/2.5)
Sec. 2.5. Public private agreements. This Act applies to
any public private agreement entered into under the Joliet
Bridge Act Public Private Agreements for the Illiana Expressway
Act and the Public-Private Agreements for the South Suburban
Airport Act.
(Source: P.A. 98-109, eff. 7-25-13.)
Section 930. The Business Enterprise for Minorities,
Women, and Persons with Disabilities Act is amended by changing
Section 2.5 as follows:
(30 ILCS 575/2.5)
(Section scheduled to be repealed on June 30, 2024)
Sec. 2.5. Public private agreements. This Act applies to
any public private agreement entered into under the Joliet
Bridge Act Public Private Agreements for the Illiana Expressway

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Act and the Public-Private Agreements for the South Suburban
Airport Act.
(Source: P.A. 98-109, eff. 7-25-13.)
Section 935. The Retailers' Occupation Tax Act is amended
by changing Section 1q as follows:
(35 ILCS 120/1q)
Sec. 1q. Building materials exemption; Joliet Bridge
public-private Illiana Expressway public private partnership.
(a) Each retailer that makes a qualified sale of building
materials to be incorporated into the Joliet Bridge Illiana
Expressway as defined in the Joliet Bridge Act Public Private
Agreements for the Illiana Expressway Act, by remodeling,
rehabilitating, or new construction, may deduct receipts from
those sales when calculating the tax imposed by this Act.
(b) As used in this Section, "qualified sale" means a sale
of building materials that will be incorporated into the Joliet
Bridge Illiana Expressway for which a Certificate of
Eligibility for Sales Tax Exemption has been issued by the
Illinois Department of Transportation, which has authority
over the project.
(c) To document the exemption allowed under this Section,
the retailer must obtain from the purchaser a copy of the
Certificate of Eligibility for Sales Tax Exemption issued by
the Illinois Department of Transportation, which has

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jurisdiction over the project into which the building materials
will be incorporated is located. The Certificate of Eligibility
for Sales Tax Exemption must contain all of the following:
(1) statement that the project identified in the
Certificate meets all the requirements of the Illinois
Department of Transportation;
(2) the location or address of the project; and
(3) the signature of the Secretary of the Illinois
Department of Transportation, which has authority over the
Joliet Bridge, Illiana Expressway or the Secretary's
delegate.
(d) In addition to meeting the requirements of subsection
(c) of this Act, the retailer must obtain a certificate from
the purchaser that contains all of the following:
(1) a statement that the building materials are being
purchased for incorporation into the Joliet Bridge Illiana
Expressway in accordance with the Joliet Bridge Act Public
Private Agreements for the Illiana Expressway Act;
(2) the location or address of the project into which
the building materials will be incorporated;
(3) the name of the project;
(4) a description of the building materials being
purchased; and
(5) the purchaser's signature and date of purchase.
(e) This Section is exempt from Section 2-70 of this Act.
(Source: P.A. 96-913, eff. 6-9-10.)

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Section 940. The Property Tax Code is amended by changing
Section 15-55 as follows:
(35 ILCS 200/15-55)
Sec. 15-55. State property.
(a) All property belonging to the State of Illinois is
exempt. However, the State agency holding title shall file the
certificate of ownership and use required by Section 15-10,
together with a copy of any written lease or agreement, in
effect on March 30 of the assessment year, concerning parcels
of 1 acre or more, or an explanation of the terms of any oral
agreement under which the property is leased, subleased or
rented.
The leased property shall be assessed to the lessee and the
taxes thereon extended and billed to the lessee, and collected
in the same manner as for property which is not exempt. The
lessee shall be liable for the taxes and no lien shall attach
to the property of the State.
For the purposes of this Section, the word "leases"
includes licenses, franchises, operating agreements and other
arrangements under which private individuals, associations or
corporations are granted the right to use property of the
Illinois State Toll Highway Authority and includes all property
of the Authority used by others without regard to the size of
the leased parcel.

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(b) However, all property of every kind belonging to the
State of Illinois, which is or may hereafter be leased to the
Illinois Prairie Path Corporation, shall be exempt from all
assessments, taxation or collection, despite the making of any
such lease, if it is used for:
(1) conservation, nature trail or any other
charitable, scientific, educational or recreational
purposes with public benefit, including the preserving and
aiding in the preservation of natural areas, objects,
flora, fauna or biotic communities;
(2) the establishment of footpaths, trails and other
protected areas;
(3) the conservation of the proper use of natural
resources or the promotion of the study of plant and animal
communities and of other phases of ecology, natural history
and conservation;
(4) the promotion of education in the fields of nature,
preservation and conservation; or
(5) similar public recreational activities conducted
by the Illinois Prairie Path Corporation.
No lien shall attach to the property of the State. No tax
liability shall become the obligation of or be enforceable
against Illinois Prairie Path Corporation.
(c) If the State sells the James R. Thompson Center or the
Elgin Mental Health Center and surrounding land located at 750
S. State Street, Elgin, Illinois, as provided in subdivision

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(a)(2) of Section 7.4 of the State Property Control Act, to
another entity whose property is not exempt and immediately
thereafter enters into a leaseback or other agreement that
directly or indirectly gives the State a right to use, control,
and possess the property, that portion of the property leased
and occupied exclusively by the State shall remain exempt under
this Section. For the property to remain exempt under this
subsection (c), the State must retain an option to purchase the
property at a future date or, within the limitations period for
reverters, the property must revert back to the State.
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State to use, control, and possess
the property has been terminated; or
(2) the State no longer has an option to purchase or
otherwise acquire the property and there is no provision
for a reverter of the property to the State within the
limitations period for reverters.
Pursuant to Sections 15-15 and 15-20 of this Code, the
State shall notify the chief county assessment officer of any
transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to

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otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(c-1) If the Illinois State Toll Highway Authority sells
the Illinois State Toll Highway Authority headquarters
building and surrounding land, located at 2700 Ogden Avenue,
Downers Grove, Illinois as provided in subdivision (a)(2) of
Section 7.5 of the State Property Control Act, to another
entity whose property is not exempt and immediately thereafter
enters into a leaseback or other agreement that directly or
indirectly gives the State or the Illinois State Toll Highway
Authority a right to use, control, and possess the property,
that portion of the property leased and occupied exclusively by
the State or the Authority shall remain exempt under this
Section. For the property to remain exempt under this
subsection (c), the Authority must retain an option to purchase
the property at a future date or, within the limitations period
for reverters, the property must revert back to the Authority.
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State or the Authority to use,
control, and possess the property has been terminated; or
(2) the Authority no longer has an option to purchase
or otherwise acquire the property and there is no provision

HB5480 - 35 - LRB101 18361 HEP 67808 b
for a reverter of the property to the Authority within the
limitations period for reverters.
Pursuant to Sections 15-15 and 15-20 of this Code, the
Authority shall notify the chief county assessment officer of
any transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(d) For tax years prior to 2019, the fair market rent of
each parcel of real property in Will County owned by the State
of Illinois for the purpose of developing an airport by the
Department of Transportation shall include the assessed value
of leasehold tax. The lessee of each parcel of real property in
Will County owned by the State of Illinois for the purpose of
developing an airport by the Department of Transportation shall
not be liable for the taxes thereon. In order for the State to
compensate taxing districts for the loss of revenue under this
paragraph, the Will County Supervisor of Assessments shall
annually certify, in writing, to the Department of
Transportation, the following amounts: (1) for tax years prior
to 2019, the amount of leasehold taxes extended for the 2002

HB5480 - 36 - LRB101 18361 HEP 67808 b
property tax year for each such exempt parcel; and (2) for tax
years 2019 through 2030, the amount of taxes that would have
been extended for the current tax year for each such exempt
parcel if those parcels had been owned by a person whose
property is not exempt. The Department of Transportation shall
pay to the Will County Treasurer, from the Tax Recovery Fund,
on or before July 1 of each year, the amount certified by the
Will County Supervisor of Assessments. The tax compensation
shall terminate on December 31, 2030. It is the duty of the
Department of Transportation to file with the Office of the
Will County Supervisor of Assessments an affidavit stating the
termination date for rental of each such parcel due to airport
construction. The affidavit shall include the property
identification number for each such parcel. In no instance
shall tax compensation for property owned by the State be
deemed delinquent or bear interest. In no instance shall a lien
attach to the property of the State. In no instance shall the
State be required to pay compensation under this subsection in
excess of the lesser of (i) the Tax Recovery Fund's balance or
(ii) $600,000 in any tax year.
(e) Public Act 81-1026 applies to all leases or agreements
entered into or renewed on or after September 24, 1979.
(f) Notwithstanding anything to the contrary in this Code,
all property owned by the State that is the Joliet Bridge
Illiana Expressway, as defined in the Joliet Bridge Act Public
Private Agreements for the Illiana Expressway Act, and that is

HB5480 - 37 - LRB101 18361 HEP 67808 b
used for transportation purposes and that is leased for those
purposes to another entity whose property is not exempt shall
remain exempt, and any leasehold interest in the property shall
not be subject to taxation under Section 9-195 of this Act.
(g) Notwithstanding anything to the contrary in this
Section, all property owned by the State or the Illinois State
Toll Highway Authority that is defined as a transportation
project under the Public-Private Partnerships for
Transportation Act and that is used for transportation purposes
and that is leased for those purposes to another entity whose
property is not exempt shall remain exempt, and any leasehold
interest in the property shall not be subject to taxation under
Section 9-195 of this Act.
(h) Notwithstanding anything to the contrary in this Code,
all property owned by the State that is the South Suburban
Airport, as defined in the Public-Private Agreements for the
South Suburban Airport Act, and that is used for airport
purposes and that is leased for those purposes to another
entity whose property is not exempt shall remain exempt, and
any leasehold interest in the property shall not be subject to
taxation under Section 9-195 of this Act.
(Source: P.A. 101-532, eff. 8-23-19.)
Section 945. The Public-Private Partnerships for
Transportation Act is amended by changing Sections 10 and 15 as
follows:

HB5480 - 38 - LRB101 18361 HEP 67808 b
(630 ILCS 5/10)
Sec. 10. Definitions. As used in this Act:
"Approved proposal" means the proposal that is approved by
the transportation agency 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 transportation agency to
provide services to or on behalf of the transportation agency.
"Department" means the Illinois Department of
Transportation.
"Design-build agreement" means the agreement between the
selected private entity and the transportation agency 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

HB5480 - 39 - LRB101 18361 HEP 67808 b
be designated by the transportation agency.
"Metropolitan planning organization" means a metropolitan
planning organization designated under 23 U.S.C. Section 134
whose metropolitan planning area boundaries are partially or
completely within the State.
"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 a
proposal or statement of qualifications for a public-private
agreement in response to a request for proposals or a request

HB5480 - 40 - LRB101 18361 HEP 67808 b
for qualifications issued by a transportation agency under this
Act.
"Public-private agreement" means the public-private
agreement between the contractor and the transportation agency
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 transportation agency
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 transportation agency 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 transportation agency
to solicit statements of qualification from private entities to
enter into a public-private agreement.
"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

HB5480 - 41 - LRB101 18361 HEP 67808 b
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 transportation
agency 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, excluding airports,
under the jurisdiction of the Department or the Authority,
except those facilities for the Joliet Bridge 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.

HB5480 - 42 - LRB101 18361 HEP 67808 b
"Transportation project" or "project" means any or the
combination of the development, financing, or operation with
respect to all or a portion of any transportation facility
under the jurisdiction of the transportation agency, except
those facilities for the Joliet Bridge 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.
"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. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
(630 ILCS 5/15)
Sec. 15. Formation of public-private agreements; project
planning.
(a) Each transportation agency may exercise the powers
granted by this Act to do some or all to develop, 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 Joliet Bridge
Illiana Expressway as defined in the Joliet Bridge Public
Private Agreements for the Illiana Expressway Act. The net

HB5480 - 43 - LRB101 18361 HEP 67808 b
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
and shall be used only as authorized by Section 23 of the Toll
Highway Act.
(b) The Authority shall not enter into a public-private
agreement involving a lease or other transfer of any toll
highway, or portions thereof, under the Authority's
jurisdiction which were open to vehicular traffic on the
effective date of this Act. The Authority shall not enter into
a public-private agreement for the purpose of making roadway
improvements, including but not limited to reconstruction,
adding lanes, and adding ramps, to any toll highway, or
portions thereof, under the Authority's jurisdiction which
were open to vehicular traffic on the effective date of this
Act. The Authority shall not use any revenue generated by any
toll highway, or portions thereof, under the Authority's
jurisdiction which were open to vehicular traffic on the
effective date of this Act to enter into or provide funding for
a public-private agreement. The Authority shall not use any
asset, or the proceeds from the sale or lease of any such
asset, which was owned by the Authority on the effective date

HB5480 - 44 - LRB101 18361 HEP 67808 b
of this Act to enter into or provide funding for a
public-private agreement. The Authority may enter into a
public-private partnership to develop, 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.
(d) Each year, at least 30 days prior to the beginning of

HB5480 - 45 - LRB101 18361 HEP 67808 b
the transportation agency's fiscal year, and at other times the
transportation agency deems necessary, the Department and the
Authority shall submit for review to the General Assembly a
description of potential projects that the transportation
agency is considering undertaking under this Act. Any
submission from the Authority shall indicate which of its
potential projects, if any, will involve the proposer operating
the transportation facility for a period of one year or more.
Prior to the issuance of any request for qualifications or
request for proposals with respect to any potential project
undertaken by the Department or the Authority pursuant to
Section 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) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, the transportation
agency shall submit a description of potential projects that
the transportation agency is considering undertaking under
this Act to each county, municipality, and metropolitan
planning organization, with respect to each project located
within its boundaries.
(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.

HB5480 - 46 - LRB101 18361 HEP 67808 b
(g) 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.
(h) The transportation agency shall hold one or more public
hearings within 30 days of each of its submittals to the
General Assembly under subsection (d) of this Section. These
public hearings shall address potential projects that the
transportation agency submitted to the General Assembly for
review under subsection (d). The transportation agency 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 transportation agency; (ii) a brief
description of the potential projects that the transportation
agency is considering undertaking; and (iii) a statement that
the public may comment on the potential projects.
(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
Section 950. The Eminent Domain Act is amended by changing
Section 15-5-35 and by adding Section 15-5-48 as follows:
(735 ILCS 30/15-5-35)
Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605
through 625. The following provisions of law may include
express grants of the power to acquire property by condemnation

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or eminent domain:
(605 ILCS 5/4-501); Illinois Highway Code; Department of
Transportation and counties; for highway purposes.
(605 ILCS 5/4-502); Illinois Highway Code; Department of
Transportation; for ditches and drains.
(605 ILCS 5/4-505); Illinois Highway Code; Department of
Transportation; for replacement of railroad and public
utility property taken for highway purposes.
(605 ILCS 5/4-509); Illinois Highway Code; Department of
Transportation; for replacement of property taken for
highway purposes.
(605 ILCS 5/4-510); Illinois Highway Code; Department of
Transportation; for rights-of-way for future highway
purposes.
(605 ILCS 5/4-511); Illinois Highway Code; Department of
Transportation; for relocation of structures taken for
highway purposes.
(605 ILCS 5/5-107); Illinois Highway Code; counties; for county
highway relocation.
(605 ILCS 5/5-801); Illinois Highway Code; counties; for
highway purposes.
(605 ILCS 5/5-802); Illinois Highway Code; counties; for
ditches and drains.
(605 ILCS 5/6-309); Illinois Highway Code; highway
commissioners or county superintendents; for township or

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road district roads.
(605 ILCS 5/6-801); Illinois Highway Code; highway
commissioners; for road district or township roads.
(605 ILCS 5/6-802); Illinois Highway Code; highway
commissioners; for ditches and drains.
(605 ILCS 5/8-102); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for limiting
freeway access.
(605 ILCS 5/8-103); Illinois Highway Code; Department of
Transportation, counties, and municipalities; for freeway
purposes.
(605 ILCS 5/8-106); Illinois Highway Code; Department of
Transportation and counties; for relocation of existing
crossings for freeway purposes.
(605 ILCS 5/9-113); Illinois Highway Code; highway
authorities; for utility and other uses in rights-of-ways.
(605 ILCS 5/10-302); Illinois Highway Code; counties; for
bridge purposes.
(605 ILCS 5/10-602); Illinois Highway Code; municipalities;
for ferry and bridge purposes.
(605 ILCS 5/10-702); Illinois Highway Code; municipalities;
for bridge purposes.
(605 ILCS 5/10-901); Illinois Highway Code; Department of
Transportation; for ferry property.
(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway
Authority; for toll highway purposes.

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(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
Highway Authority; for its authorized purposes.
(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway
Authority; for property of a municipality or political
subdivision for toll highway purposes.
(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
purposes.
(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose
of taking a toll bridge to make it a free bridge.
(605 ILCS 130/80); Public Private Agreements for the Illiana
Expressway Act; Department of Transportation; for the
Illiana Expressway project.
(610 ILCS 5/17); Railroad Incorporation Act; railroad
corporation; for real estate for railroad purposes.
(610 ILCS 5/18); Railroad Incorporation Act; railroad
corporations; for materials for railways.
(610 ILCS 5/19); Railroad Incorporation Act; railways; for land
along highways.
(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of
railroad companies; for railroad purposes.
(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
street railroad companies; for street railroad purposes.
(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of
Natural Resources; for land along public waters for
pleasure, recreation, or sport purposes.
(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural

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Resources; for waterways and appurtenances.
(615 ILCS 15/7); Flood Control Act of 1945; Department of
Natural Resources; for the purposes of the Act.
(615 ILCS 30/9); Illinois and Michigan Canal Management Act;
Department of Natural Resources; for dams, locks, and
improvements.
(615 ILCS 45/10); Illinois and Michigan Canal Development Act;
Department of Natural Resources; for development and
management of the canal.
(620 ILCS 5/72); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 5/73); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
removal of airport hazards.
(620 ILCS 5/74); Illinois Aeronautics Act; Division of
Aeronautics of the Department of Transportation; for
airport purposes.
(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
of the Department of Transportation; for air rights.
(620 ILCS 40/2 and 40/3); General County Airport and Landing
Field Act; counties; for airport purposes.
(620 ILCS 40/5); General County Airport and Landing Field Act;
counties; for removing hazards.
(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of
directors of airports and landing fields; for airport and

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landing field purposes.
(620 ILCS 50/22 and 50/31); County Airports Act; counties; for
airport purposes.
(620 ILCS 50/24); County Airports Act; counties; for removal of
airport hazards.
(620 ILCS 50/26); County Airports Act; counties; for
acquisition of airport protection privileges.
(620 ILCS 52/15); County Air Corridor Protection Act; counties;
for airport zones.
(620 ILCS 55/1); East St. Louis Airport Act; Department of
Transportation; for airport in East St. Louis metropolitan
area.
(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
O'Hare modernization program, including quick-take power.
(620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
the South Suburban Airport Act; Department of
Transportation; for South Suburban Airport purposes.
(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;
for general purposes.
(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
for railroad purposes, including quick-take power.
(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.
7-25-13; 98-756, eff. 7-16-14.)
(735 ILCS 30/15-5-48 new)
Sec. 15-5-48. Eminent domain powers in new Acts. The

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following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
Joliet Bridge Act; Department of Transportation; for the
purposes of the Joliet Bridge project.
Section 955. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the

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Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond Act,
funds for school infrastructure under Section 6z-45 of the
State Finance Act, and funds for transportation purposes under
Section 4 of the General Obligation Bond Act. "Public works"
also includes (i) all projects financed in whole or in part
with funds from the Department of Commerce and Economic
Opportunity under the Illinois Renewable Fuels Development
Program Act for which there is no project labor agreement; (ii)
all work performed pursuant to a public-private agreement under
the Joliet Bridge Act public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public

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works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
"Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public

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works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of

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Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 100-1177, eff. 6-1-19.)
(605 ILCS 130/Act rep.)
Section 960. The Public Private Agreements for the Illiana
Expressway Act is repealed.
HB5480 - 57 - LRB101 18361 HEP 67808 b
INDEX
Statutes amended in order of appearance