Public Act 0461 103RD GENERAL ASSEMBLY

SB0849 Enrolled LRB103 03307 RPS 48313 b

Public Act 103-0461

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act is reenacted and amended by changing Sections 10, 15, 25, and 30 and by adding Section 27 as follows:

(20 ILCS 4116/Act title)

An Act concerning transportation.

(20 ILCS 4116/1)

Sec. 1. Short title. This Act may be cited as the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act.

(Source: P.A. 102-988, eff. 5-27-22.)

(20 ILCS 4116/5)

Sec. 5. Findings. The General Assembly finds the following:

(1) Illinois' transportation system is crucial to every resident, employee, and business. It serves as the backbone of the economy and is a critical component of Illinois' economic competitiveness.

(2) The State must continue to pursue an equitable transportation network in which marginalized communities have improved access to all modes of transportation, thereby enhancing access to jobs, housing, and other services.

(3) Illinois is home to an expansive transportation network, currently ranking third in the nation for the number of roadway miles and bridges, totaling 127,044 and 26,848, respectively. The State also has 6,883 miles of freight railway, 1,118 inland waterway miles, 58 transit systems with over 450 million annual transit trips, and 17 major airports.

(4) The historic Rebuild Illinois capital plan adopted in 2019 will end in June 2025.

(5) The motor fuel tax and vehicle registration fees remain the most significant form of transportation funding for Illinois.

(6) Illinois will continue to contend with transportation funding shortfalls due to increasing vehicle fuel efficiency and the rising popularity of electric vehicles.

(7) New and innovative funding and policy options are needed to adequately maintain Illinois' transportation systems and support future growth.

(8) The General Assembly should study these issues to determine funding mechanisms for transportation projects and operations in Illinois, policy changes to support the efficient governance and delivery of transportation projects, and the workforce needed to support the future transportation system.

(Source: P.A. 102-988, eff. 5-27-22.)

(20 ILCS 4116/10)

Sec. 10. Commission created.

(a) The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy is created within the Department of Transportation consisting of members appointed as follows:

(1) Four members of the House of Representatives, with 2 to be appointed by the Speaker of the House of Representatives and 2 to be appointed by the Minority Leader of the House of Representatives.

(2) Four members of the Senate, with 2 to be appointed by the President of the Senate and 2 to be appointed by the Minority Leader of the Senate.

(3) Eight members appointed by the Governor with the advice and consent of the Senate.

(4) The chair of the Commission to be appointed by the Governor from among his 8 appointments.

(b) Members shall have expertise, knowledge, or experience in transportation infrastructure development, construction, workforce, or policy. Members shall also represent a diverse set of sectors, including the labor, engineering, construction, transit, active transportation, rail, air, or other sectors, and shall include participants of the Disadvantaged Business Enterprise Program. No more than 2 appointees shall be members of the same sector.

(c) Members shall represent geographically diverse regions of the State.

(d) Members shall be appointed by June 30 January 31, 2023.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23.)

(20 ILCS 4116/15)

Sec. 15. Meetings. The Commission shall hold its first meeting by July 31 February 15, 2023. The Commission may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish its objectives and purposes.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23.)

(20 ILCS 4116/20)

Sec. 20. Duties. The Commission shall evaluate Illinois' existing transportation infrastructure funding and policy processes and develop alternative solutions. The Commission shall:

(1) Evaluate current transportation funding in Illinois, taking into account the viability of existing revenue sources and funding distributions.

(2) Consider new and innovative funding options.

(3) Evaluate the existing governance of Illinois' transportation system, including roles and responsibilities for the State and county, township, and municipal governments.

(4) Evaluate current and future workforce needs to design, construct, and manage the state's transportation system within the Illinois Department of Transportation and within the State as a whole.

(5) Evaluate current and future data needs of the Illinois Department of Transportation.

(6) Consider and recommend steps to expedite project approval and completion.

(7) Consider future trends that will impact the transportation system, including safety needs, racial equity, electric vehicles, and climate change.

(8) Consider ways to improve transportation investment impacts on goals such as improving racial equity, addressing climate change, and increasing economic growth.

(9) Consider improvements to the performance-based programming system.

(10) Consider multimodal system needs, including public transportation, bicycle facilities, railways, waterways, and airports.

(11) Consider alternative solutions employed by other states.

(Source: P.A. 102-988, eff. 5-27-22.)

(20 ILCS 4116/25)

Sec. 25. Report. The Commission shall direct the Illinois Department of Transportation to enter into a contract with a third party to assist the Commission in producing a document that evaluates the topics under this Act and outline formal recommendations that can be acted upon by the General Assembly. The Commission shall report a summary of its activities and produce a final report of the data, findings, and recommendations to the General Assembly by January 1, 2024 September 15, 2023. The final report shall include specific, actionable recommendations for legislation and organizational adjustments. The final report may include recommendations for pilot programs to test alternatives. The final report and recommendations shall also include any minority and individual views of task force members.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23.)

(20 ILCS 4116/27 new)

Sec. 27. Continuation of Act; validation.

(a) The General Assembly finds and declares that:

(1) Public Act 102-1129, which took effect on February 10, 2023, changed the repeal date set for the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act from February 1, 2023 to September 30, 2023.

(2) The Statute on Statutes sets forth general rules on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".

(3) This amendatory Act of the 103rd General Assembly manifests the intention of the General Assembly to extend the repeal of the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act and have the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act continue in effect until February 1, 2024.

(4) The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act was originally enacted to protect, promote, and preserve the general welfare. Any construction of this Act that results in the repeal of this Act on February 1, 2023, would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act.

(b) It is hereby declared to have been the intent of the General Assembly that the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act not be subject to repeal on February 1, 2023.

(c) The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act shall be deemed to have been in continuous effect since May 27, 2022 (the effective date of Public Act 102-998), and it shall continue to be in effect until it is otherwise lawfully repealed. All previously enacted amendments to the Act taking effect on or after February 1, 2023, are hereby validated.

(d) All actions taken in reliance on or pursuant to the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act by any person or entity are hereby validated.

(e) In order to ensure the continuing effectiveness of the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act, it is set forth in full and reenacted by this amendatory Act of the 103rd General Assembly. Striking and underscoring are used only to show changes being made to the base text. This reenactment is intended as a continuation of the Act. It is not intended to supersede any amendment to the Act that is enacted by the 103rd General Assembly.

(f) The Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act applies to all claims, civil actions, and proceedings pending on or filed on or before the effective date of this amendatory Act of the 103rd General Assembly.

(20 ILCS 4116/30)

Sec. 30. Repeal. This Commission is dissolved, and this Act is repealed, on February 1, 2024 September 30, 2023.

(Source: P.A. 102-988, eff. 5-27-22; 102-1129, eff. 2-10-23.)

(20 ILCS 4116/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 102-988, eff. 5-27-22.)

Section 99. Effective date. This Act takes effect upon becoming law.