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New Bill Introductions of Note
HB 2131, Speed Limit was introduced. This bill provides that, unless some other speed restriction is established under the Code, the maximum speed limit on a highway with a designated bicycle lane is 25 miles per hour.
HB 2199, Road Fund was filed. This bill appropriates $10,000,000, or so much thereof as may be necessary, from the Road Fund to the Department of Transportation for construction of the Curtis Road Grade Crossing. Effective July 1, 2023.
HB 2206, EV Capacity was filed. This bill amends the Energy Efficient Building Act. Provides that the Capital Development Board shall adopt rules requiring each newly constructed residential building in the State that includes a garage to have enough electric generating capacity in the garage to charge an electric vehicle.
HB 2219, MWRD Resource Recovery was filed. This bill amends the Metropolitan Water Reclamation District Act. Provides that "recovered resources" means any material produced by or extracted from (i) the operation of district facilities or (ii) the use of district-owned real estate (currently, "recovered resources" means any material produced by or extracted from the operation of district facilities). Adds solar or wind energy as an example of recovered resources.
HB 2231, Common Carrier was filed. This bill amends the Transportation Network Providers Act and removes the decade plus protection of TNCs (Uber, Lyft) to lawsuit under the common carrier doctrine. The Chamber opposes this legislation.
HB 2246, Expressway Cameras was filed. This bill amends the Expressway Camera Act. Renames the Act to the Expressway and Highway Camera Act. Establishes that funds from the Illinois State Tollway Highway Authority may be used for installation and maintenance of the camera systems, telecommunications costs, and for camera warranties. Provides that cameras shall be interoperable with the Illinois State Police current camera system. Makes other changes. Amends the Freedom of Information Act. Provides that the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023).
SB 1350, Mega Projects was introduced. This bill provides that certain property may be certified by the Department of Revenue as containing a mega project. Provides that a "mega project" is a project with respect to which a company makes a specified investment during a specified investment period. Provides that the mega project property is eligible for an assessment freeze. Provides that mega project property may be granted an abatement. Provides that a company that operates a mega project shall enter into an agreement with the municipality in which the project is located to make certain special payments. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that qualified tangible personal property used in the construction or operation of a mega project is exempt from the taxes imposed under those Acts. Effective June 1, 2023.
SB 1458, Electric Truck Vouchers was introduced. This bill requires the Environmental Protection Agency to establish a fleet electrification voucher program to promote the use of electric trucks by fleet owners by offering a voucher of $200,000 per electric Class 7 truck or electric Class 8 truck purchased or leased for a fleet by the fleet's owner or operator. Provides that an applicant shall submit a proof of purchase, lease, or other binding contract regarding the electric Class 7 truck or electric Class 8 truck in order to be awarded the voucher. Provides that, upon approval of the initial application, an applicant must scrap a diesel Class 7 truck or diesel Class 8 truck from the applicant's existing fleet. Requires an applicant who is awarded a voucher to agree to participate in annual surveys on specified metrics. Contains other program requirements. Defines "Class 7 truck" and "Class 8 truck".
SB 1471, Autonomous Vehicles was introduced. This bill provides that, before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation, along with a filing fee in an amount to be determined by the Department. Provides that the Department shall assemble an Automated Driving Systems Review Committee to evaluate submitted documentation and make determinations concerning the level of automated driving capabilities and the suitability of the vehicle for operation on public roads. Provides that an autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use. Provides that the owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Prohibits the sale or operation of autonomous vehicles classified as having Level 3, 4, or 5 Driving Automation. Provides that a resident may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State, and that the Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under the new provisions.
SB 1496, Commercial Drivers was introduced. This bill provides that an individual taxpayer who (i) provides behind-the-wheel commercial driving instruction for at least 160 hours during the taxable year to an individual who holds a commercial learner's permit, (ii) accepts no compensation for the instruction, and (iii) holds a valid commercial driver's license in this State during the period of the instruction and has at least 6 months of commercial driving experience as of the first day that the taxpayer provides instruction is entitled to an income tax credit in an amount equal to $11,500 for each person who receives at least 160 hours of instruction from the taxpayer during the taxable year. Provides that the credit may not be carried forward or back, may not be refunded to the taxpayer, and may not reduce the taxpayer's liability to less than zero.
SB 1513, Rail Noise was introduced. This bill provides that no rail carrier shall cause, suffer, allow, or permit the unnecessary foreseeable idling of a diesel locomotive within 1,000 feet of a residence, business, school, or hospital for a continuous period of time longer than 30 minutes in a manner such as to cause or contribute to a condition of air pollution. Provides that no rail carrier shall cause, suffer, allow, or permit an unnecessarily foreseeable delay, up to 10 minutes from its established schedule, in a manner such as to cause or contribute to unexpected delays on the road. Imposes a statutory fine for violating the provisions.
SB 1653, Hazard Bar was introduced. This bill requires the Department of Transportation, local authorities, or any responsible entity to erect and maintain hazard bars for all viaducts and underpasses with a clearance of less than 15 feet. Provides that the hazard bar shall hang at the same clearance level as the viaduct or underpass and at least 500 feet in front of the viaduct or underpass to alert motorists.
SB 1767, Cargo Transportation Tax was introduced. This bill creates the Cargo Transportation Tax Act. Provides that a tax is imposed upon each retailer that transports by common carrier tangible personal property into the State from a point outside of the State. Provides that the tax is imposed at the rate of 0.5% of the retail selling price of the tangible personal property. Provides that proceeds from the tax imposed by the Act shall be deposited into the Cargo Transportation Tax Fund, a special fund created in the State treasury. Provides that moneys in the Fund shall be used by the Department of Transportation for road projects in areas of the State that receive heightened levels of traffic as a result of the transportation of tangible personal property.
SB 1821, Veterans/Procurement was introduced. This bill amends the Illinois Procurement Code. In respect to a "qualified veteran-owned small business", provides that business must have annual gross sales of less than $150,000,000 (rather than $75,000,000) as evidenced by the federal income tax return of the business.
SB 1897, Rock Island Port District was introduced. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Provides that the governing and administrative body of the Rock Island Regional Port District initially consists of the Rock Island City Council but will later include the city councils of annexed territories of adjacent municipalities. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions.
SB 1919, P3 Act was introduced. This bill creates the Public-Private Partnerships Act. Provides that the intent of the Act, among others, is to authorize responsible public entities to develop and enter into public-private partnership agreements for qualifying projects which result in the availability of such projects to the public in a more timely and less costly fashion, thereby serving the public safety, benefit, and welfare. Creates the Infrastructure Investment Commission, including its membership and duties. Establishes the qualifications and processes related to unsolicited proposals for projects that become public-private agreements for the building, upgrading, providing of services, operating, ownership or financing of facilities. Sets forth the procedures and standards for the formation of public-private agreements between public and private entities, including the powers of the entities and the provisions of the agreements. Establishes development and operation standards for projects. Includes provisions related to the taxation and financial arrangements related to public-private partnerships. Sets forth additional provisions related to: the acquisition of property; law enforcement; and additional powers of responsible public entities with respect to qualifying projects.
Bills in Committee
HB 1105, Eminent Domain is posted for the House Public Utilities Committee on Tuesday. This bill provides that property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission may not be taken or damaged by eminent domain without prior approval of the Illinois Commerce Commission. Excludes eminent domain actions commenced prior to the effective date of the amendatory Act. The Chamber supports this bill.
HB 1166, Procurement/Equal Pay Certificate is posted for the State Government Committee on Wesdnday. This bill amends the Illinois Procurement Code. Provides that each bid or offer submitted on or after the effective date shall include a copy of the bidder's, offeror's, vendor's, or contractor's valid equal pay registration certificate if the bidder, offeror, vendor, or contractor is required to obtain an equal pay registration certificate.
HB 1345, Water Utility Rates is posted for the House Public Utilities Committee on Tuesday. This bill amends the Public Utilities Act. Provides that a public utility that provides both water and wastewater services may request, in a general rate case proceeding, that the Illinois Commerce Commission allocate a portion of the public utility's wastewater service revenue requirement for recovery through water service base rates, allocate a portion of the public utility's water service revenue requirement through wastewater base rates, or combine that public utility's water service and wastewater service revenue requirements. Provides that as part of a proceeding, the public utility shall present evidence to establish, and the Commission shall consider, specified factors. Provides that if the Commission finds that an allocation or combination is in the public interest, the Commission shall enter an order approving such allocation or combination of the public utility's water and wastewater service revenue requirements. Provides that the water service revenue requirement or wastewater service revenue requirement may not be increased by more than 2.5% through an allocation from the water service revenue requirement or wastewater service revenue requirement. Provides for notice to customers. Allows the Commission to adopt rules to implement the amendatory provisions. Repeals the amendatory provisions on December 31, 2026.
SB 249, Prevailing Wage is posted for the Senate Labor Committee on Wednesday. This bill amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body.
Rulemaking
There was rulemaking of note for this Council in the February 10th edition of the Illinois Register
The Pollution Control Board proposed a new Part titled Standards for General Construction or Demolition Debris Recovery Facilities (35 IAC 820; 47 Ill Reg 1812) implementing PA 102-310.
The new Part establishes rules for permitting, operating, and closing recovery facilities for general construction or demolition debris (GCDD). Facilities that accepted GCDD prior to 8/24/09 and were not previously required to obtain permits must apply for a permit within 6 months after the effective date of this Part. Holders of existing permits must apply for a modification of their permit within 1 year after the effective date of this Part. Permit applications must include a map of the facility that shows all adjoining property and any other property within 1,000 meters of the facility’s boundary; all surface waters within 1,000 meters of the facility; any nearby wells or sole source aquifers; any 100-year floodplain boundaries that come within 1,000 meters of the facility; and all structures, roads and utilities within or entering the facility. The application must also include an estimate of the maximum total amount of GCDD that can be maintained at the facility at any one time, along with a closure cost estimate and financial assurances for that cost.
The Part also includes procedures for modifying and transferring permits; establishes operational standards, including requirements for dust control, water drainage and runoff control, and vehicle safety; establishes recordkeeping requirements; requires GCDD facilities to have contingency plans for emergencies; and requires every load of GCDD brought to the facility to be inspected for the presence of any materials that cannot be accepted at the facility (e.g., landscape waste, tires, asbestos, lead-acid or lithium batteries). If a GCDD facility closes, it must notify the Illinois Environmental Protection Agency within 30 days after receiving its final load, move all GCDD and other materials to an appropriate, permitted site, and complete all closure activities within 180 days. Owners and operators of construction/demolition debris facilities are affected by this rule.
Questions/requests for copies/ comments through 3/27/23: Clerk’s Office, PCB, 60 E. Van Buren, Suite 630, Chicago IL 60605. Please reference docket R23-17. Copies of the Board’s opinion and order in R23-17 may be obtained from the Board’s Web site at pcb.illinois.gov or by calling the Clerk’s office at 312/ 814-3620.
$24.6 Million Improvement to Peoria's Bob Michel Bridge Announced
On Tuesday, IDOT announced the upcoming improvement of the Bob Michel Bridge. The project will close the bridge for one construction season for redecking and other upgrades, condensing the timeline to deliver the benefits to the public quickly and at a reduced cost.
The Bob Michel Bridge carries approximately 17,000 vehicles a day on Illinois 40 over the Illinois River between Peoria and East Peoria. Starting March 13, weather permitting, the bridge will be closed for eight months, with traffic detoured north to cross the Illinois River via Interstate 74 and the Murray Baker Bridge. The bridge will remain open to bikes and pedestrians throughout the project, scheduled to wrap up in November.
The project consists of installing a new concrete overlay and bridge joints to preserve and extend the life of the deck. The existing 5-foot-wide sidewalk will be replaced by a multiuse path that's 14 feet across and protected from vehicle traffic by a concrete barrier to better accommodate both bikes and pedestrians, while providing connections to the region's trail network, including the Rock Island Greenway Trail and the River Trail of Illinois. New LED lighting will be installed as well to improve visibility and safety.
Rebuild Illinois accomplishments through 2022 include approximately $10 billion of improvements statewide on 4,656 miles of highway, 440 bridges, and 656 additional safety improvements.
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