Public Act 103-0317
 
HB2531 EnrolledLRB103 25705 MXP 52054 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Public-Private Agreements for the South 
Suburban Airport Act is amended by changing Sections 2-5, 
2-10, and 2-25 as follows:
 
    (620 ILCS 75/2-5)

    Sec. 2-5. Legislative findings.
 
    (a) Providing facilities for air travel and domestic and 
global freight cargo transfer shipment to and from the State 
of Illinois through the South Suburban Airport is essential 
for the health and welfare of the people of the State of 
Illinois and economic development and well-being of the 
Southland region and the State of Illinois.
    (b) Airport development has significant regional impacts 
with regard to economic development, public infrastructure 
requirements, traffic, noise, and other concerns.
    (c) The South Suburban Airport will promote development 
and investment in the State of Illinois and serve as a critical 
transportation hub in the region.
    (d) Existing requirements of procurement and financing of 
airports by the Department impose limitations on the methods 
by which airports may be developed and operated within the 
State. 
    (e) Public-private agreements between the State of 
Illinois and one or more private entities to develop, finance, 
construct, manage, operate, maintain, or any combination 
thereof, the South Suburban Airport have the potential of 
maximizing value and benefit to the People of the State of 
Illinois and the public at large.
    (f) Public-private agreements may enable the South 
Suburban Airport to be developed, financed, constructed, 
managed, operated, and maintained in an entrepreneurial and 
business-like manner.
    (g) In the event that the State of Illinois enters into one 
or more public-private agreements to develop, finance, 
construct, manage, operate, or maintain the South Suburban 
Airport, the private parties to the agreements should be 
accountable to the People of Illinois through a comprehensive 
system of oversight, regulation, auditing, and reporting.
    (h) It is the intent of this Act to use Illinois design 
professionals, construction companies, and workers to the 
greatest extent permitted by law by offering them the right to 
compete for this work.
    (i) It is the intent of this Act for the Department to 
collaborate with affected municipalities, counties, citizens, 
elected officials, interest groups, and other stakeholders to 
foster economic development around the South Suburban Airport 
and the region, and to insure that the communities near the 
South Suburban Airport have an ongoing opportunity to provide 
input on the development and operation of the South Suburban 
Airport.


(Source: P.A. 98-109, eff. 7-25-13.)
 
    (620 ILCS 75/2-10)

    Sec. 2-10. Definitions.   As used in this Act:

    "Agreement" means a public-private agreement.

    "Airport" means a facility for all types of air service, 
including, without limitation, landing fields, taxiways, 
aprons, runways, runway clear areas, heliports, hangars, 
aircraft service facilities, approaches, navigational aids, 
air traffic control facilities, terminals, inspection 
facilities, security facilities, parking, internal transit 
facilities, fueling facilities, cargo handling facilities, 
concessions, rapid transit and roadway access, land and 
interests in land, public waters, submerged land under public 
waters and reclaimed land located on previously submerged land 
under public waters, and all other property and appurtenances 
necessary or useful for development, ownership, and operation 
of any such facilities. "Airport" includes commercial or 
industrial facilities related to the functioning of the 
airport or to providing services to users of the airport.

    "Cargo-oriented development" means the development of 
places that are both multimodal nodes of freight 
transportation and centers of employment in logistics and 
manufacturing businesses. 
    "Contractor" means a person that has been selected to 
enter or has entered into a public-private agreement with the 
Department on behalf of the State for the development, 
financing, construction, management, or operation of the South 
Suburban Airport under this Act.

    "Department" means the Illinois Department of 
Transportation.

    "Inaugural airport" means all airport facilities, 
equipment, property, and appurtenances necessary or useful to 
the development and operation of the South Suburban Airport 
that are constructed, developed, installed, or acquired as of 
the commencement of public operations of the South Suburban 
Airport.

    "Inaugural airport boundary" means the property limits of 
the inaugural airport as determined by the Department, as may 
be adjusted and reconfigured from time to time.

    "Maintain" or "maintenance" includes ordinary maintenance, 
repair, rehabilitation, capital maintenance, maintenance 
replacement, and any other categories of maintenance that may 
be designated by the Department.

    "Metropolitan planning organization" means a metropolitan 
planning organization designated under 23 U.S.C. Section 134.

    "Offeror" means a person that responds to a request for 
proposals under this Act.

    "Operate" or "operation" means to do one or more of the 
following:  maintain, improve, equip, modify, or otherwise 
operate.

    "Person" means any individual, firm, association, joint 
venture, partnership, estate, trust, syndicate, fiduciary,

corporation, or any other legal entity, group, or combination 
thereof.

    "Public-private agreement" means an agreement or contract 
between the Department on behalf of the State and all 
schedules, exhibits, and attachments thereto, entered into 
pursuant to a competitive request for proposals process 
governed by this Act, for the development, financing, 
construction, management, or operation of the South Suburban 
Airport under this Act.

    "Revenues" means all revenues, including any combination 
of, but not limited to: income; user fees; earnings; interest; 
lease payments; allocations; moneys 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; or other receipts arising out of or in connection 
with the financing, development, construction, management, or 
operation of the South Suburban Airport.

    "State" means the State of Illinois.

    "Secretary" means the Secretary of the Illinois Department 
of Transportation.

    "South Suburban Airport" means the airport to be developed 
on a site located in Will County and approved by the Federal 
Aviation Administration in the Record of Decision for Tier 1: 
FAA Site Approval And Land Acquisition By The State Of 
Illinois, Proposed South Suburban Airport, Will County, 
Illinois, dated July 2002, and all property within the 
inaugural airport boundary and the ultimate airport boundary.

    "Ultimate airport boundary" means the development and 
property limits of the South Suburban Airport beyond the 
inaugural airport boundary as determined by the Department, as 
may be adjusted and reconfigured from time to time.

    "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, for purposes of this Act, includes 
school districts.

    "User fees" means the rates, fees, or other charges 
imposed by the State or the contractor for use of all or a 
portion of the South Suburban Airport under a public-private 
agreement.


(Source: P.A. 98-109, eff. 7-25-13.)
 
    (620 ILCS 75/2-25)

    Sec. 2-25. Prequalification to enter into public-private 
agreements.   The Department shall may establish a process for 
prequalification of offerors.   The If the Department creates a 
prequalification process, it shall: (i) provide a public 
notice of the prequalification at least 30 days before the 
date on which applications are due; (ii) set forth 
requirements and evaluation criteria in order to become 
prequalified; (iii) determine which offerors that have 
submitted prequalification applications, if any, meet the 
requirements and evaluation criteria; and (iv) allow only 
those offerors that have been prequalified to respond to the 
request for proposals.

    The Department shall commence the prequalification process 
within 6 months after the effective date of this amendatory 
Act of the 103rd General Assembly. 
(Source: P.A. 98-109, eff. 7-25-13.)