Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that allows state agencies to contract private entities for the construction of roads, toll ways and other transportation projects.

Highlights:

• Authorizes transportation agencies to develop, finance, and operate any part of one or more transportation projects through public-private agreements with one or more private entities (Sec. 15).

• Prohibits the Illinois State Toll Highway Authority from entering into a public-private agreement involving a lease or other transfer of any toll, highway, or portions thereof, under the Authority's jurisdiction that were open to vehicular traffic on the effective date of this act (Sec. 15). 

• Prohibits the Illinois State Toll Highway Authority from entering into a public-private agreement for the purpose of making roadway improvements, including but not limited to reconstruction, adding lanes, and adding ramps, to any toll highway, or portions thereof, under the Authority's jurisdiction that were open to vehicular traffic on the effective date of this Act (Sec. 15).

• Authorizes the Illinois State Toll Highway Authority to enter into a public-private partnership to develop, finance, and operate new toll highways authorized by the Governor and the General Assembly pursuant to the Toll Highway Act (Sec. 15). 

• Specifies that each year, at least 30 days prior to the beginning of the transportation agency's fiscal year, the Department and the Authority shall submit for review to the General Assembly a description of potential projects that the transportation agency is considering undertaking under this Act (Sec. 15).

• Authorizes transportation agencies seeking to enter into a public-private partnership with a private entity to determine the criteria for the selection process, and requires them to use one of the following selection processes (Sec. 20):

• A competitive sealed bidding process;

• A competitive sealed proposal process; or

• A design-build procurement process.

• Requires transportation agencies to give proposals submitted by public agencies equal consideration as it gives proposals submitted by private entities (Sec. 20).

• Specifies that the contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids (Sec. 20).

• Specifies that the transportation agency shall include criteria in every request for qualifications of private entities, including, but not limited to, the following (Sec. 25):

• Experience of personnel;

• Successful experience with similar project types;

• Financial capability;

• Timeliness of past performance;

• Experience with similarly sized projects;

• Successful reference checks of the firm; and

• Commitment to assign personnel for the duration of the project. 

• Prohibits a unit of local government from taking any action that would have the effect of impairing a public-private agreement under this Act (Sec. 75).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that allows state agencies to contract private entities for the construction of roads, toll ways and other transportation projects.

Highlights:

• Authorizes transportation agencies to develop, finance, and operate any part of one or more transportation projects through public-private agreements with one or more private entities (Sec. 15).

• Prohibits the Illinois State Toll Highway Authority from entering into a public-private agreement involving a lease or other transfer of any toll, highway, or portions thereof, under the Authority's jurisdiction that were open to vehicular traffic on the effective date of this act (Sec. 15). 

• Prohibits the Illinois State Toll Highway Authority from entering into a public-private agreement for the purpose of making roadway improvements, including but not limited to reconstruction, adding lanes, and adding ramps, to any toll highway, or portions thereof, under the Authority's jurisdiction that were open to vehicular traffic on the effective date of this Act (Sec. 15).

• Authorizes the Illinois State Toll Highway Authority to enter into a public-private partnership to develop, finance, and operate new toll highways authorized by the Governor and the General Assembly pursuant to the Toll Highway Act (Sec. 15). 

• Specifies that each year, at least 30 days prior to the beginning of the transportation agency's fiscal year, the Department and the Authority shall submit for review to the General Assembly a description of potential projects that the transportation agency is considering undertaking under this Act (Sec. 15).

• Authorizes transportation agencies seeking to enter into a public-private partnership with a private entity to determine the criteria for the selection process, and requires them to use one of the following selection processes (Sec. 20):

• A competitive sealed bidding process;

• A competitive sealed proposal process; or

• A design-build procurement process.

• Requires transportation agencies to give proposals submitted by public agencies equal consideration as it gives proposals submitted by private entities (Sec. 20).

• Specifies that the contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids (Sec. 20).

• Specifies that the transportation agency shall include criteria in every request for qualifications of private entities, including, but not limited to, the following (Sec. 25):

• Experience of personnel;

• Successful experience with similar project types;

• Financial capability;

• Timeliness of past performance;

• Experience with similarly sized projects;

• Successful reference checks of the firm; and

• Commitment to assign personnel for the duration of the project. 

• Prohibits a unit of local government from taking any action that would have the effect of impairing a public-private agreement under this Act (Sec. 75).

Full Bill Text