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Session Update
The General Assembly adjourned last week in the early morning of Saturday, May 27th. This was after a self-imposed adjournment date of May 19th was missed as budget negotiations and other end-of-year business were prolonged. 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.
Infrastructure Council End of Session Report
Provided below is the Infrastructure portion of the Illinois Chamber 2023 End of Session Report. For this Council, legislative action is broken into five categories for purposes of clarity. While this isn't an exhaustive list of all legislation tracked, it does provide a deep look into the legislation that required the most attention this Spring.
Local Government
HB 1105, (Hoffman/Belt) Support 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. Provides that the requirement does not apply to property to be acquired by a municipality with 140,000 or more inhabitants or a regional water commission formed under specified provisions of the Illinois Municipal Code or a municipality that is a member of such a regional water commission, only in furtherance of purposes authorized under the specified provisions of the Illinois Municipal Code, and limited solely to interests in real property and not improvements to or assets on the real property belonging to a public utility that provides water or sewer service and that is subject to the jurisdiction of the Illinois Commerce Commission. This bill passed both houses.
HB 2219, (Evans/Preston) Support authorizes the corporate authorities of a sanitary district to issue bonds prior to December 31, 2034, for the development of distributed renewable energy generation devices. Also authorizes a district to construct, maintain, finance, and operate distributed renewable energy generation devices as necessary to sell or otherwise dispose of recovered resources or renewable energy resources resulting from the operation of district facilities. This bill passed both houses.
HB 3641, (Mason/Halpin) provides that ordinances of units of local government may not be enforced against construction, reconstruction, improvement, or installation of State facilities. Provides that units of local government cannot require payment of permitting fees or require permit inspections for the construction, reconstruction, improvement, or installation of State facilities. This bill passed the House and was placed on third reading in the Senate but did not receive a vote.
SB 1570, (Lightford/DeLuca) creates 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. This bill passed both houses.
SB 1997, (Edly-Allen/Faver Dias) provides that a county with a population of less than 1,000,000 may establish minimum requirements for new building design and construction to lessen the risks caused by new building design and construction to wildlife and sensitive habitats. This bill passed both houses.
Procurement
HB 1409,(Davis/Harris) amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all goals established concerning the awarding of State contracts apply to architectural, engineering, and land surveying contracts under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. This bill passed the House but was rereferred to Senate Assignments.
HB 1465, (McCombie/Anderson) amends the Illinois Highway Code. In provisions concerning the performance of functions by the highway commissioner of a road district, provides that, except for professional services, when the cost of construction, materials, supplies, new machinery or equipment exceeds $30,000 (instead of $20,000), the contract for such construction, materials, supplies, machinery or equipment shall be let to the lowest responsible bidder if specified conditions are met. This bill passed both houses.
HB 2288, (Rosenthal/Porfirio) Support provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000). This bill was a Chamber member initiative that passed the House but was rereferred to Senate Assignments. The contents of this were incorporated into the procurement omnibus.
HB 3400, (Guzzardi/Hunter) Support provides that the Department of Labor shall report quarterly (rather than annually) to the General Assembly and the Governor the number of people employed on public works in the State during the preceding 3 months (rather preceding calendar year). This report shall include the total number of people employed on each public works project during the preceding 3 months. Provides that the report shall identify every public works project in the State by project name and contractor name and include the demographics of the workers on the project by percentage, including gender, race, and ethnicity, broken down by the following categories: (i) type of trade; (ii) whether the worker is a journey worker or apprentice; and (iii) total work hours performed. This bill passed both houses.
HB 3606, (Tarver/Lightford) provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning uniform contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Provides criteria for granting a waiver. This bill passed the House but was rereferred to Senate Assignments. The content of this bill was incorporated into the procurement omnibus.
SB 2192, (Villivalam/Davis) provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable agency shall detail, in writing, why the 4 bids were not awarded to the bidder. Provides that the agency shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected. Provides that the provisions of the introduced bill only apply to the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority. This bill passed both houses.
SB 2424, (Villivalam/Rashid) 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. This bill passed both houses.
State Regulations
HB 1345, (Hoffman) 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. This bill did not advance out of Committee.
HB 2531, (Davis/Harris) Oppose amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act. This bill passed both houses.
HB 2837, (LaPointe) amends the Video Gaming Act. Provides that for revenue generated under provisions concerning imposition and distribution of tax after $850,000,000, funds shall be distributed as follows: one-sixth shall be distributed to the Department of Human Services Community Services Fund for mental health services and treatment; one-sixth shall be distributed to the Local Government Distributive Fund; and two-thirds shall be distributed to the Capital Projects Fund. This bill did not move out of Rules Committee.
HB 2845, (Vella/Loughran Cappel) Oppose amends the Prevailing Wage Act. The bill provides that the definition of "public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill. This bill passed both houses.
HB 3770, (Hoffman) Oppose provides that as part of proof of financial responsibility, every rail carrier shall verify hit and run and uninsured motor vehicle coverage and underinsured motor vehicle coverage in a total amount of not less than $250,000 per passenger. This bill did not move out of committee.
HB 3927/SB 1919 (Hoffman & Curran) 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. Neither bill advanced out of its original chamber. However, some of the bills’ contents were incorporated into the P3 expansion in the procurement omnibus.
SB 157, (Villivalam) Oppose provides that public construction bonds are required only for those public work construction contracts that are valued over $5,000,000. Authorizes any official, board, commission, agent of the State, or any political subdivision of the State to create a self-insured risk pool for contracts of $5,000,000 or less. This bill did not advance out of committee and was rereferred to House Rules. A scaled-back version of this legislation was included in the procurement omnibus.
SB 1653, (Ventura/Syed) provides that the Department of Transportation shall establish a low-clearance early warning device pilot program. Provides that an early warning device may include, but is not limited to, LiDAR, radar, visual signal, or additional signage. Allows the Department of Transportation to work with the University of Illinois on the pilot program. Provides that the fine shall not exceed $1,000. This bill passed both houses.
SB 2278, (Simmons/Buckner) Neutral provides that the State or any unit of local government shall not be required to design or construct a new non-designated highway to accommodate truck tractor-semitrailer combinations. Provides that each unit of local government shall (rather than may) report to the Department of Transportation, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under the Code. Negotiations by the trucking industry brought the Chamber to neutral on this bill. This bill passed both houses.
Transportation Systems
HJR 23 (Stava-Murray/Cunningham) received Chamber support. This resolution supports the "I-55 Managed Lane Project" and IDOT's efforts to pursue the project as a P3. This resolution was adopted in both houses.
HB 1342, (Buckner/Villivalam) provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. The Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs that offer employment and internship opportunities to youth and young adults ages 14 to 24. Further amends the Regional Transportation Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 (rather than 2021, 2022, and 2023) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. After July 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet. Provides that a Service Board shall not be deemed to be in violation of the provisions when failure to comply is due to: (1) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses; (2) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or (3) the inability of a third party to enter into a contractual or commercial relationship with a Service Board that is necessary to carry out the purposes of the provisions. Provides that the Regional Transportation Authority shall file a statement certifying that the Service Boards published specified data with the General Assembly and the Governor after adoption of the Annual Budget and Two-Year Financial Plan and, if the Authority fails to file a statement certifying publication of the data, then the appropriations to the Department of Transportation for grants to the Authority intended to reimburse the Service Boards for providing free and reduced fares shall be withheld. This bill passed both houses.
HB 2781, (Hoffman) Support provides that the General Assembly shall annually appropriate to the Department of Transportation $60,000,000 (instead of $15,000,000) for apportionment to counties for the use of road districts for the construction of bridges 20 feet or more in length. Provides that funds that are not obligated within 72 (instead of 48) months shall revert to the Road Fund. This bill did not advance out of committee and was rereferred to Rules.
SB 688, (Turner/Harper) creates the Cairo Development Authority for the purpose of facilitating and promoting the redevelopment of certain property in Cairo and the surrounding areas. Provides that the jurisdiction of the Authority extends over Alexander County. Provides that the Authority is governed by a 5-member Board of Directors. Sets forth the powers and responsibilities of the Authority, including the power to acquire, own, lease, sell, and dispose of real property and, under the supervision of the Illinois Finance Authority, the power to issue revenue bonds. Amends the Illinois Finance Authority Act. Provides that all bond issuances of the Cairo Development Authority are subject to supervision, management, control, and approval of the Illinois Finance Authority. This bill passed out of the Senate but was rereferred to House Rules.
SB 1438, (Ventura/Hoffman) creates the Illinois Dig Once Act. This bill provides that the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Department of Commerce and Economic Opportunity shall consult with the State-Wide One-Call Notice System to jointly develop rules for the design and construction of road, highway, tollway, and expressway projects to reduce the need for the relocation of public water and wastewater infrastructure and to promote the deployment (rather than reduce the scale and number of repeated excavations of roads, highways, tollways, and expressways for the installation and maintenance) of broadband infrastructure and underground utility facilities in an efficient and competitively neutral process for all road, highway, tollway, and expressway projects. Provides that the rules adopted under the Act are not intended to delay the design or construction of road, highway, tollway, and expressway construction projects, and shall not be construed to provide authority to approve, deny, or delay broadband infrastructure projects or underground utility facilities projects. Provides that whenever a public utility makes an application for a grant or easement in, over, or upon real property of the State for purposes of locating and maintaining such utility, or such utility's wire, pipe, cable, fiber conduit, or other facility or equipment, the Administrator, with the consent of the agency having jurisdiction over the real property, may grant such an easement. This bill passed both houses.
Vehicles & Safety
HB 1403, (Evans) Oppose provides that an operator of an autonomous vehicle shall not use the vehicle to engage in the transport of interstate commerce or the transporting of passengers, or the transporting of goods, unless a human safety operator is physically present in the autonomous vehicle such that he or she has the ability to monitor the vehicle's performance and intervene if necessary, including operating or shutting off the vehicle. This bill would greatly restrict the AV industry. This bill did not move out of committee.
HB 2121 (Huynh/Simmons) requires the Secretary of Transportation to establish and convene the Zero Traffic Fatalities Task Force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. Requires the Secretary of Transportation to prepare and submit a report of findings based on the Zero Traffic Fatalities Task Force's efforts to the General Assembly on or before January 1, 2025. Establishes membership of task force. This bill passed both houses.
HB 2246, (Moylan/Murphy) Support 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 the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023). This bill passed the House but was rereferred to Senate Assignments.
HB 2397, (Delgado) provides that the Secretary of State may issue an intrastate non-domiciled CPL or intrastate non-domiciled CDL to a foreign national who is ineligible to obtain a social security number, if the foreign national presents to the Secretary a consular card or passport from the applicant's country of citizenship along with an individual tax identification number and proof of Illinois residency. This bill did not advance out of committee.
HB 2913, (Tarver) Support creates the Safe Autonomous Vehicle Act. Provides that upon notification to the Secretary of State, a Motor Vehicle Manufacturer may commence a safe autonomous vehicle project with a vehicle installed with an Automated Driving System after providing notification to the Secretary of State and after self-certification under certain conditions. Provides that the Manufacturer shall determine the geographical boundaries of the project and shall maintain incident records and provide periodic summaries to the Secretary of State and the National Highway Traffic Safety Administration. This bill is the national model language for the AV industry. This bill did not advance out of committee.
HB 3326, (Williams/Feigenholtz) Neutral provides that an automated license plate reader user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:(i)denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or (ii) permits the detention or investigation of a person based on the person's immigration status. Provides that any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates the Act. This bill passed both houses.
HB 3597, (Didech) requires the Environmental Protection Agency to establish a voucher program to promote the use of electric vehicles by offering, subject to appropriation, a voucher in specified amounts per electric vehicle purchased or leased. This bill was one of many concerning fleet electrification vouchers but did not move past 2nd reading and was rereferred to House Rules.
SB 1526, (Ellman/Hernandez) requires the Department to develop a mobile application that provides motorists with updated traffic conditions. This bill passed both houses.
SB 1769, (Ventura/Hoffman) provides that, notwithstanding any other provision of law, beginning on January 1, 2030, all passenger vehicles, except law enforcement vehicles, purchased or leased by a governmental unit must either be a manufactured zero-emissions vehicle or a converted zero-emissions vehicle. Provides that "passenger vehicle" does not include vehicles purchased by the Department of Transportation as part of their consolidated vehicle procurement program. This bill passed the House as amended but awaits Senate action on concurrence.
SB 1897, (Halpin/Johnson) 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. 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. Limits the concurrent exercise of home rule powers. This bill passed both houses.
View the Infrastructure Council End of Session Report here.
View the full Illinois Chamber End of Session Report here.
Any further questions on this report please contact me at acunningham@ilchamber.org.
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