It’s US Open Week and Father’s Day weekend…this might be the most underrated weekend of the year. This year I’m lucky enough to spend the day at a beach with my dad and my two daughters. Can’t get much better than that. Today is the last thing standing between me and a good old American road trip. The newsletter will resume in two weeks.
Design Build Signed into Law
On Wednesday, Governor Pritzker signed SB 2981 (DeWitte/Evans) into law.
This legislation will provide IDOT with the much-needed design-build authority. Illinois lags almost every other state in this area and the Chamber is very supportive of this bill. Other state practice has shown design build to be much faster and much cheaper than the traditional design-bid-build. This process won’t be used for every project, of course. It works best on bigger, more complex projects but it’s definitely a tool that the state should be utilizing. The law is now effective as of June 15th. I’m excited to see which projects IDOT choses to try this method. Our last Infrastructure Council Meeting with IDOT’s Holly Bieneman left me optimistic about the Department’s embrace of the method.
Other Bills Signed
In light of the news above, this seemed like a good time to review other bill signings from this summer:
HB 4481, Expressway Cameras was signed into law. This bill amends the Expressway Camera Act. Provides that the Illinois State Police, the Illinois Department of Transportation, and the Illinois State Toll Highway Authority shall work together to conduct a program to increase the amount of cameras along expressways and the State highway system in the counties of Boone, Bureau, Champaign, Cook, DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, Macon, Madison, McHenry, Morgan, Peoria, Rock Island, Sangamon, St. Clair, Will, and Winnebago (instead of only Cook County). Provides that any funds needed to conduct the program for use on expressways or State highway system under the jurisdiction of the Department of Transportation shall be taken from the Road Fund and shall be included in requests for qualification processes. Provides that any funds needed to conduct the program for use on expressways under the jurisdiction of the Illinois State Toll Highway Authority shall be paid for by funds from the Illinois State Tollway Highway Authority and shall be included in requests for qualification processes. Changes the Act repeal date to July 1, 2025 (instead of July 1, 2023).
HB 4772, County Design Build was signed into law. This bill creates the County Design-Build Authorization Division in the Counties Code. Provides that a county may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that, if the total overall cost of a project is estimated to be less than $12,000,000, the county may combine the two-phase procedure for selection into one phase. In provisions relating to the awarding of a design-build contract to the highest overall ranked design-build entity, provides that the county may not (rather than may) request a best and final offer after the receipt of proposals of all qualified design-build entities. Provides that nothing in the Division shall prevent a county from using a qualification-based selection process for design professionals or construction managers for design-build projects.
HB 5035, Bond was signed into law. This bill provides that the Department of Transportation may implement a 5-year pilot program to allow a contractor to provide a non-diminishing irrevocable bank letter of credit in lieu of specified bond requirements on contracts under $500,000. Provides that projects selected by the Department of Transportation for the pilot program must be classified by the Department as low-risk scope of work contracts. Provides for the adoption of rules concerning the criteria for pilot project selection and implementation of the pilot program.
SB 1233, Transportation Commission was signed into law. This bill creates the Blue-Ribbon Commission on Transportation Infrastructure and Policy. Provides that the Commission shall report a summary of its activities and produce a final report of its data, findings, and recommendations to the General Assembly by January 31, 2023.
SB 3005, EV Taskforce changes was signed into law. This bill provides that the Electric Vehicle Permitting Task Force shall include one member representing a statewide organization of municipalities as authorized under specified provisions of the Illinois Municipal Code. Provides that the Task Force shall include one member from an association representing automobile manufacturers. Provides that the Task Force shall include one member of a labor organization that represents workers in the auto industry and one member representing the component parts manufacturing community.
Bill Introduction
Only one bill of interest has been introduced since adjournment:
HB 5751 (Zalewski) Amends the Use Tax Act. Defines "renewable diesel" as a hydrocarbon fuel derived from biomass that conforms to the latest version of ASTM International standard D975 or D396.
For our Governmental Members- Federal Infrastructure Grant Money Available
Our friends at GORAIL have put together some wonderful information about federal grants available to local governments.
Illinois is the center of the U.S. freight rail network, with Chicago being North America’s busiest rail hub and the world’s third-busiest intermodal hub. One-third of the nation’s rail cargo moves through the region and more than a quarter of freight rail cars and one-half of intermodal trains pass through Chicago. Safety around these economic arteries is crucial.
Enter the Federal Railroad Administration (FRA)’s newest funding opportunity, a grant for grade crossing projects to improve the safety and mobility of people and goods. The Grade Crossing Elimination Program was created by the Bipartisan Infrastructure Law (BIL) last year, and $600 million will be available for FY22. The official grant announcement, or Notice of Funding Opportunity (NOFO), is expected as early as June.
The program, which over the course of five years will provide $5.5 billion for crossing projects, is intended for state and local applicants including local governments, metropolitan planning organizations, public port authorities, political subdivisions of a state, or federally recognized Indian Tribes.
“I want to emphasize that the Grade Crossing Elimination Program is focused on safety,” said FRA Administrator Amit Bose during a recent FRA listening session on the program. Eligible projects—which are not, as the grant title suggests, limited to just crossing eliminations—include grade separation, track relocation, improvement or installation of protective devices, or other means to improve safety.
FRA representatives also underscored that 3% of the program is dedicated just to planning projects, which should help some communities navigate cost barriers and explore good ideas that lead to future projects. Other set-asides include for rural and tribal areas, which will receive no less than 20% of funding, and for crossing safety and education programs (0.25%).
While we expect the NOFO for the Grade Crossing Elimination Program to come out later this spring, now is the time to start the planning process. Program conditions include a 20% non-federal matching share and that no award is smaller than $1 million except for planning grants. States are also limited to no more than 20% of total funding. Beyond that, projects that have the buy-in of state departments of transportation will likely be more competitive, noted officials.
While education can encourage safer behavior around railroad tracks, the safest grade crossing is one that doesn’t exist or one that is well-protected. The Grade Crossing Elimination Program recognizes the sobering statistic that 95% of rail-related deaths involve a person or vehicle on the tracks—and it will drive safety in communities across the country while also increasing freight mobility and reducing wait times for drivers.
For more information on the Grade Crossing Elimination Program from the FRA click here or use GoRail’s Rail Funding Hub as a resource. Contact Emily Traiforos at etraiforos@gorail.org if you would like to be kept up to date on the Grade Crossing Elimination Program.
Thanks to Emily for putting this information together. It’s a fantastic resource.
Happy 50th Birthday TRIP
Illinois Chamber of Commerce partner TRIP is celebrating its 50th anniversary. TRIP is a great resource on transportation funding and we are happy to work with them. Congrats to David and our friends are TRIP.
You can read their press release, with a quote from our very own Todd Maisch HERE.
Upcoming Webinar on US DOT Grant Process with CREATE
Navigating the U.S. DOT Grant Process – Tuesday, June 28 – 2pm EST
There are over a dozen grant programs with rail funding availability offered through the U.S. Department of Transportation. In particular, the new Grade Crossing Elimination Program offers $3 billion in appropriated funding for grade crossing projects that improve the safety and mobility of people and goods. With that new program and others in mind, GoRail is hosting a webinar for state and local officials to learn more about USDOT’s grant process and how best to approach their own applications.
William Thompson, Chief Engineer at the Association of American Railroads, has worked closely with the CREATE program in Chicago and will offer lessons learned from his experience, including building connections between public and private partners and project organization as well as CREATE’s approach to grant writing. We hope this will help officials begin to approach and navigate their own grant proposals.
Congratulations to Tom Livingston
Finally, I’d like to end this newsletter with a hearty congratulations to my friend Tom Livingston on his promotion to Vice President of Government Affairs last month. Tom was elevated to the position from Head of State Government and Community Affairs. He’s been with CSX since 2003.
Everyone who knows Tom knows that he’s an expert on both rail and Illinois state government. He’s also a fantastic guy.
