Andrew Cunningham l Executive Director, Infrastructure Council l 217-520-2345

Governor Issues Amendatory Veto of HB 2878, Procurement Omnibus

Today, Governor Pritzker issued an amendatory veto of HB 2878, the procurement omnibus bill that passed the General Assembly late this Spring. The recommendation for change from the Governor is the deletion of "any county, municipality, or other unit of local government" from the definition of a responsible public entity under the P3 for Transportation Act.

A portion of the Governor's veto letter is provided below:

Today, after considering the public policy implications brought forward by advocates and metropolitan planning organizations, I am issuing an amendatory veto of House Bill 2878 from the 103rd General Assembly. The bill is the product of months of hard work by staff, contains positive

developments to address procurement issues, and includes many items important to stakeholders, including my Administration. Unfortunately, the bill also extends the authority for public private partnerships (P3s) in Illinois from the Department of Transportation and Tollway to also include counties, municipalities, and any other unit of local government, while not providing proper oversight.

As written, the bill creates a pathway for private industry to enter P3 agreements locally that skirts transparency and anti-corruption requirements established in state statute, including ethics, BEP, campaign finance, and procurement laws. The potential in this bill for opacity and corruption is too

great.

In addition, the bill as written puts the state at greater risk of project failure because it decreases competition and reduces the opportunity for public input into project planning and implementation currently required for other P3 developments under state law.

I appreciate the hard work of the House and Senate sponsors and hope that the General Assembly will accept my amendatory veto so the rest of the bill can become law.

I will keep you informed when more information on this legislation becomes available.

US Chamber Common Grounds: Federal Permitting Reform

On Wednesday, the US Chamber of Commerce hosted its first Common Grounds event for 2023 with a spotlight on permitting reform. Wednesday's Common Grounds episode dove into opportunities for consensus, legitimate policy differences, and pathways to real, bipartisan solutions on permitting reform.

This conversation was a part of the U.S. Chamber’s Common Grounds series, where they convene one Republican leader and one Democratic leader to explore important issues facing the business community and the nation. In this episode, the US Chamber zoomed in on permitting reform as part of their Permit America to Build initiative.

The US Chamber was joined by Representative John Curtis (R-UT-3) and Scott Peters (D-CA-50). During the discussion, Curtis said he does not believe the country can accomplish its infrastructure and energy goals without federal permitting reform. He added that the momentum for permitting reform in the political landscape is currently strong.

Curtis and Peters both spoke on misunderstandings of what "permitting reform" is and the need for there to be clarity on what it means and would entail. As an example, Peters said that there would be little appetite among Democrats at the national level for reform that included pipelines and the oil/gas industry. He also cautioned that a lot of traditional environmentalist groups have opposed any loosening of environmental regulation even despite efforts of members from both parties to convince them otherwise of the value of such reform.

Peters had one quote of interest I want to highlight: “This is the unusual case where you have got to make the problem bigger,” Rep. Peters said. “There's so many different people who want permit reform for a particular purpose, it almost seems like a bill that takes care of everyone has got the best chance of passing… We have to be open to really trying to put something together that gets broad support because we've dealt with the issue in a really broad way.”

Both Representatives said it is possible that permitting reform could be attached to an omnibus package this year but that would require significant work before it could occur.

Learn more and view a recording of the episode here. 

Illinois EPA Announces Dates of Next Electric Vehicle Rebate Program Funding Round

The Illinois Environmental Protection Agency (Illinois EPA) is announcing that the next funding round for Illinois’ Electric Vehicle (EV) Rebate Program will open Wednesday, November 1, 2023 and run through Wednesday, January 31, 2024. Individuals that purchase a new or used all-electric vehicle from an Illinois licensed dealer, meet all other eligibility requirements, and apply during the rebate cycle will be eligible for a rebate as long as funds are available. Forms and instructions on submitting a rebate application will be made available on the Electric Vehicle Rebate Program webpage on October 18, 2023.

EV purchasers must apply for a rebate within 90 days of the vehicle purchase date. However, applications will not be accepted or reviewed if submitted or postmarked prior to the November 1, 2023 rebate cycle start date. Payments will be made to eligible individuals as long as funding is available.

The Illinois General Assembly has appropriated $12 million to Illinois EPA for the current fiscal year, which ends on June 30, 2024. Actual funding amounts will be determined by the amount of money available in the Electric Vehicle Rebate Fund, not to exceed $12 million. 

The Illinois EV Rebate Program was created under the Climate and Equitable Jobs Act (CEJA) passed by the General Assembly and signed by Governor Pritzker in the fall of 2021. As required under CEJA, Illinois EPA will prioritize the review of applications from low-income purchasers and award rebates accordingly. 

Program opening November 1st offers $4,000 rebate for purchase of an all-electric passenger vehicle or $1,500 rebate for purchase of an all-electric motorcycle.

Bills of Interest signed into Law:

The following bills of interest were recently signed into law.

HB 1076, County Lease/Farmland signed into law. This bill upon three-fourths vote by the full county board, the county board may lease farmland acquired or held by the county for any term not exceeding 5 years, provides that the lease may be made via a cash lease, crop-sharing arrangement, or custom farming arrangement, adds requirements relating to the bid process for farmland leases, and provides that counties shall not acquire farmland for the sole purpose of entering into a cash lease, crop-sharing arrangement, or custom farming arrangement or other speculative purpose.

SB 684, Central IL Regional Airport Authority signed into law. This bill creates the Central Illinois Regional Airport Authority. Provides that the territory of the Authority shall be the corporate limits of McLean County and that any existing airport authority located within McLean County is dissolved upon the establishment of the Authority. Provides that the new Authority shall assume the rights to all property, assets, and liabilities of any dissolved authority. Provides that, of the 3 commissioners appointed by the county board chairman, 2 shall reside in rural municipalities with a population less than 5,000 and one shall reside in an unincorporated area of McLean County. 

SB 849, Blue-Ribbon Commission signed into law. This bill reenacts the Blue-Ribbon Commission on Transportation Infrastructure Funding and Policy Act. Makes changes to the dates by which the Commission's members must be appointed, hold their first meeting, and report their findings to the General Assembly. Extends the Act's repeal date to February 1, 2024.

SB 851, Broadband signed into law. This bill provides that the Broadband Advisory Council shall evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. Provides that the Office of Broadband within the Department of Commerce and Economic Opportunity shall support and assist the Council in the development of the study. Provides that the Council shall issue a report on its findings, recommendations, options for expansion, and any recommended legislation to the General Assembly by January 1, 2024.

SB 1570, Design Build signed into law. This bill creates the Municipal Design-build Contracts Division in the Illinois Municipal Code, which may be cited as the Municipal Design-build Authorization Act. Provides that a municipality 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 municipality may combine the two-phase procedure for selection into one phase. Provides that, after a response to a request for qualifications or a request for proposal has been submitted, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the municipality. Provides that a school district may enter into design-build contracts.

SB 2014, IDOT Safety Improvements signed into law. This bill requires the Department of Transportation to develop a policy which ensures the safety of pedestrians and cyclists on roadways within the State. Establishes that improvements will be made during routine maintenance and within a distance of 500 feet of the maintenance work on any State road within a municipality to include high visibility signage, crosswalk improvements, curb bump outs, barrier protected bike lanes, and bus shelters. Requires the Department to submit a semi-annual report on pedestrian and bicycle safety improvements on non-highway State routes that have been initiated, are in progress, or are recently completed. 

SB 2368, Building Codes signed into law. This bill amends the Capital Development Board Act. In provisions about occupying a newly constructed commercial building in a non-building code jurisdiction, modifies the standards by which a qualified inspector must file a certification of inspection with a municipality. Provides that, once a building permit is issued or construction begins when no building permit is needed, the code in effect on January 1 of that calendar year applies for the duration of the permit or construction. Modifies provisions limiting applicability, modifies definitions, and makes other changes. Modifies how municipalities with a population of less than 1,000,000 and all counties must identify local building codes. Provides that provisions concerning certification for inspection shall apply to a substantially improved commercial building. Provides that specified amendatory changes to the Capital Development Board Act shall apply beginning January 1, 2025.

SB 2424, Land Acquisition signed into law. This bill provides that the definition of "project" includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.

Rulemaking

There was no proposed or adopted rulemaking of note for this Council in the August 11th edition of the Illinois Register.

Session Update

The General Assembly adjourned in the early morning of Saturday, May 27th. Per SJR 42, the House and Senate have adjourned until the call of the Speaker and the Senate President.

The 2023 fall veto session has been announced for October 24th-26th and November 7th-9th. View the calendar here.

Annual Meeting and Reception Sponsorship

The Illinois Chamber is now seeking sponsors for our 2023 annual luncheon! The 2023 annual luncheon and pre-event reception will be held on September 28 at the Doubletree Hotel in Oak Brook. We are seeking sponsors for the reception preceding the event as well as the meeting itself.

Please see the attached document for reception sponsorship information as well as a tentative agenda. The annual meeting is our biggest event of the year and I look forward to seeing you all there.

Please reach out to me for further sponsorship details at acunningham@ilchamber.org

Illinois Sales Tax: Exemptions and Incentives Webinar

Date/Time: August 31, 2023 | 1:30 pm – 2:30 pm

Description: We will provide practical advice for claiming and documenting sales tax exemptions; including a discussion of exemptions and documentation requirements for sellers and purchasers. Plan to join Keith Staats, Executive Director of Illinois Chamber's Tax Institute for this presentation!



Registration Link: https://ilchamber.org/Event/49314/Illinois-Sales-Tax-Exemptions-and-Incentives/event-details/

Articles of Interest  

Illinois' rank as a place to do business rises — to 17th

Mississippi River Careens From Floods to Low Water, Threatening Barge Traffic

Sputtering Trade Fuels Fears of a Fractured Global Economy

Not a member and want to learn more about the Illinois Chamber - click here to contact Danielle Blake. Click here to contact Jack Bernhardt.