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



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August 4, 2023

The Infrastructure Council is an initiative of the
Illinois Chamber that brings together Chamber members with a focus on increasing
infrastructure investments in a strategic and thoughtful way to boost the overall business climate in Illinois. Our focus is on the public and private systems that are essential to Illinois businesses. 


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CREATE Civic Briefing and Tour


Yesterday, August 3rd, I was able to attend the CREATE (Chicago Regional Environmental And Transportation Efficiency) Program's summer civic briefing and tour. CREATE hosted a wide variety of stakeholders, including state and local elected officials.


The focus of the tour was on how the CREATE Program is tackling the largest chokepoint in the Chicagoland region, the 75th Street Corridor Improvement Project. The 75th Street CIP is a group of four projects that were advanced as a singular project due to their logistical and environmental similarities.


We were able to make stops at the Norfolk Southern Landers Intermodal Yard as well the Forest Hill Flyover at CSX Forest Hill Railroad Yard. As an insight into their work, the Forest Hill Flyover project will construct a bridge to significantly reduce conflicts between BRC, CSX, NS and Metra.


Yesterday was the first opportunity I have had to see the work of CREATE firsthand, it was a pleasure to see many of our members and partners at these sites. It was also incredible to see a diverse mix of public officials, nonprofit entities, and members of the business community in attendance. It was a certain recognition of the economic impact on local populations as well as the entire region.


The Illinois Chamber thanks the program partners for hosting this event. We are proud to support the work of the CREATE Program and look forward to the completion of these projects.

USDOT Project Delivery Center of Excellence (COE) Thought Leadership Series Kickoff 


Last Wednesday, I attended the US Department of Transportation (USDOT) thought leadership series kickoff on project delivery. The series, sponsored by the USDOT Project Delivery Center of Excellence, will provide best practices to successfully deliver Bipartisan Infrastructure Law projects.


U.S. Transportation Secretary, Pete Buttigieg was one of the first-week speakers alongside Professor Bent Flyvbjerg. 


The intention of the resource and the series is to provide best practices for the delivery of projects by state and local sources as over 90 % of the federal dollars from the IIJA ($1.2 trillion) will be delivered by non-federal sources.


For those experienced with project delivery, much of the material presented may have felt familiar. Buttigieg and Flyvbjerg spoke on understanding the "why" of a project, management of risk, hiring and empowering a master builder, and the importance of stakeholder/community engagement. Buttigieg says he believes that one reason "less inclusive" societies are able to deliver projects quickly is because they don't properly engage with stakeholders and communities.


Register for the series and learn more information from the Volpe Center here.

Illinois EPA Announces Funding Opportunity for Green Infrastructure Projects to Improve Water Quality


The Illinois EPA announced a grant opportunity with $10 million in funding for projects that will improve water quality in Illinois. The Green Infrastructure Grant Opportunities (GIGO) Program has been made possible by the Rebuild Illinois capital plan. The Notice of Funding Opportunity (NOFO) is posted at https://il.amplifund.com/Public/Opportunities/Details/8eb59a23-1ba2-4930-acf3-2622dbb7e364


The GIGO Program provides funding for projects to construct green infrastructure best management practices (BMPs) that prevent, eliminate, or reduce water quality impairments by decreasing stormwater runoff into Illinois' rivers, streams, and lakes. Projects that implement treatment trains (multiple BMPs in series) and/or multiple BMPs within the same watershed may be more effective and efficient than a single large green infrastructure BMP.


For GIGO, green infrastructure means any stormwater management technique or practice employed with the primary goal to preserve, restore, mimic, or enhance natural hydrology. Green infrastructure includes, but is not limited to, methods of using soil and vegetation to promote soil percolation, evapotranspiration, and filtering or the harvesting and reuse of precipitation.


Examples of project types/BMPs that may be funded through GIGO are provided in the NOFO. Illinois EPA anticipates project awards between $75,000 and $2.5 million. The first $5 Million in GIGO grants were awarded to eleven grantees in 2021 and 2022. Four projects have completed construction and the remaining are under construction.


Applications for the GIGO Program are due by noon on October 18, 2023. A Technical Assistance Session will be held on August 15, 2023, at 1:30 PM CST. Conference information and registration will be available at: https://epa.illinois.gov/topics/grants-loans/water-financial-assistance/gigo.html. Applicants must apply for GIGO through the GATA Grantee Portal.

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

Bills of Interest signed into Law:


The following bills of interest were recently signed into law.


HB 1342, Transit was signed into law. This bill 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. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Adds limits to suspension of riding privileges and confiscation of fare media and required procedures. Further amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs which 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. Provides that, after July 1, 2026 (rather than January 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. 

 

HB 2068Transportation Benefit Program-Opposed was signed into law. This bill creates the Transportation Benefits Program Act. Requires all covered employers of 50 employees or more in a specified geographic area at an address that is located within one mile of regularly scheduled transit service. Provides that the pre-tax commuter benefit shall allow employees to use pre-tax dollars for the purchase of a transit pass via payroll deduction, such that the costs for such purchases may be excluded from the employee's taxable wages and compensation up to the maximum amount permitted by federal tax law. Provides that the Regional Transportation Authority shall make publicly available a searchable map of addresses that are located within one mile of fixed-route transit service.

 

HB 2121, Traffic Fatalities Task Force was signed into law. This bill 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.

 

HB 2219Sanitary Districts/Renewable Energy was signed into law. This bill 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.

 

HB 2300, Illinois Works Apprenticeship was signed into law. This bill, In provisions concerning the Illinois Works Apprenticeship Initiative, provides that, for contracts and grant agreements executed after the effective date of the amendatory Act and before January 1, 2024 (in the engrossed bill, the effective date of the amendatory Act), of the stated goal, at least 25% (in the engrossed bill, half) of the labor hours of each prevailing wage classification performed by apprentices shall be performed by graduates of the Illinois Works Preapprenticeship Program, the Illinois Climate Works Preapprenticeship Program, or the Highway Construction Careers Training Program (in the engrossed bill, only the Illinois Works Preapprenticeship Program) and, for contracts and grant agreements executed on or after January 1, 2024, of this goal, at least 50%. Provides that in order to earn bid credits, contractors and subcontractors shall provide the Department with certified payroll documenting the hours performed by apprentices who have completed the Illinois Works Preapprenticeship Program. In provisions concerning failure to comply with the Illinois Works Apprenticeship Initiative, provides that those provisions apply to intentional failure to comply (instead of failure to comply). Provides that the Department of Commerce and Economic Opportunity shall maintain a list of graduates of the Illinois Works Preapprenticeship Program for a period of not less than one year after the participant graduates from the Program, and contains other requirements of the list.

 

HB 2527Water and Wastewater Funding Study was signed into law. This bill extends the date that the Municipal Water and Wastewater Funding Study Committee is required to report its findings and recommendations to the Governor and General Assembly to September 30, 2023 (from January 31, 2023). Adds the Executive Director of the Illinois Finance Authority, or his or her designee, to the Municipal Water and Wastewater Funding Study Committee. Extends the date that the Committee is required to report its findings and recommendations to the Governor and General Assembly to March 1, 2024 (rather than September 30, 2023). Extends the date the provisions concerning the Committee are repealed until January 1, 2025.


HB 2531South Suburban Airport-Oppose was signed into law. This bill 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.


HB 2845Prevailing Wage/Biosolids-Oppose was signed into law. This bill amends the Prevailing Wage Act. 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.


HB 3370Prevailing Wage/Power Washing-Oppose was signed into law. This bill provides that the definition of "public works" includes power washing projects by a public body or paid for wholly or in part out of public funds.


HB 3400Public Works-Support was signed into law. This bill 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.

 

HB 3448Contractors was signed into law. This bill provides that every primary contractor and subcontractor shall post and keep posted, in one or more conspicuous places accessible to all laborers, workers, and mechanics at a job site, a notice, to be made available by the Director of Labor, summarizing specified requirements under the Act and information pertaining to the filing of a complaint. Provides that the Director shall provide copies of summaries and rules to primary contractors and subcontractors upon request without charge. Provides that any primary contractor or subcontractor who fails to provide notice as required shall be subject to a civil penalty, not to exceed $250, payable to the Department of Labor. Provides that one copy of the notice at a job site shall satisfy the notice requirement for the primary contractor and all subcontractors. 


SB 895, County Boundaries was signed into law. This bill provides that a county shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the county highway system, is jointly performed with another county through the sharing of road equipment pursuant to an intergovernmental agreement, or is provided as necessary relief services following the occurrence of a disaster. Provides that a road district shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the township and district road system, in an adjacent road district, is jointly performed with another road district through the sharing of road equipment pursuant to an intergovernmental agreement, or provided as necessary relief services following the occurrence of a disaster. Provides that a municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bike path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system (rather than within its corporate limits), in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster. Provides that the term "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.

 

SB 1438Dig Once Act was signed into law. This bill 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.


Rulemaking


There is rulemaking of note for this Council in the August 4th edition of the Illinois Register.


The Office of the Auditor General proposed an amendment to Purchases and Contracts (44 IAC 500; 47 Ill Reg 11496) implementing Public Act 102-271, which requires that bidders, contractors and subcontractors on State contracts valued at more than $100,000 (previously, $50,000) per year disclose their financial interests when submitting a bid or proposal. (The disclosure must include any ownership or income share of more than 5% or that is greater than 60% of the Governor’s annual salary.) Businesses seeking contracts with the Auditor General are affected.

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.


Articles of Interest  


Illinois Chamber Announces Selection of Executive Search Firm


Here's what made Durbin and Duckworth's spending wish list


Pritzker, lawmakers turn up heat on Biden to OK $1.1B Union Station rehab


Caterpillar’s Sales Surge as Construction Booms


Biden Administration Poses Strict Targets for Vehicle Fuel Economy


Why Warehouse Rents Keep Going Up While Demand Is Dropping

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