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Tollway Chair Steps Down
On Monday, Governor Pritzker accepted the resignation of Tollway Chair Dorothy Abreu, as she leaves to focus on her health challenges. Vice Chairman Jim Connolly will assume the responsibilities of the board chair until the Governor names a new permanent chair. Abreau led the Illinois Tollway for 11 months.
Cairo Port
Today, in the popular Springfield political blog Capfax, the plight of the Cairo Port Project was highlighted. In Part, IDOT Secretary Osman sent the following letter to the Chairman of the Alexander-Cairo Port District last October.
The State continues to support this objective; however, it has become deeply concerning to our administration that the management of this project is over reliant on consultant support, having spent approximately $2.8 million on consulting, project and grant management, and development expertise services. This is more than half of the state funds released to date. In the future, state funds should be used for the engineering, site readiness, and environmental work necessary to complete the development of the port terminal. Minimal funds may be used for consultation services.
With respect to your request to release $7,453,000, IDOT agrees to proceed with releasing $3,378,000 of the requested funding to conduct environmental work (including permitting studies, NEPA requirements, and biological assessments), site energy modeling, utility rate negotiation and green energy procurement.
At this time, IDOT cannot approve the remaining $4,075,000 because the costs you have identified are not eligible or because you haven’t provided sufficient information to process the request. Attached is a detailed workbook that identifies the specific costs that were deemed ineligible and those that require additional information.
Based on our initial review, $2,145,000 of the submitted expenditures require more information to determine eligibility. Please submit the requested information by Monday, October 31, 2022 to ensure timely processing.
Our continued partnership and collaboration are essential for the development and implementation of this transformative investment in Southern Illinois. As such, IDOT and representatives of the Governor’s Office would like to meet to discuss the Board’s progress in securing private investment for the Port as well as expenses you have identified that require a new appropriation by the General Assembly as noted above. In the interim, my office will work to advance the next tranche of funding (totaling $3,378,000) to the Port as soon as possible.
Today, Capfax reported that the Governor's office says "$3.4 million will be released as soon as the state receives a submission which assures that they’re only spending the money on allowable items using bond proceeds."
Read the full article here.
Legislative Update - New Bill Introductions
HB 1568 Navigable Waters was introduced. This bill provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
HB 1602, Sanitary Districts was introduced. This bill increases the mandatory competitive bid threshold to not less than $25,000 or more than $100,000 (currently, not less than $10,000 or more than $40,000). Allows a sanitary district to enter into an intergovernmental agreement with a unit of local government for non-emergency construction, alteration, repair, improvement, or maintenance work on the public way in an amount no greater than $500,000 (currently, $100,000) to save taxpayer funds and eliminate duplication of government effort. Makes conforming changes. Allows contracts to be entered into in without competitive bidding for contracts greater than $100,000 to less than $500,000 (currently, $40,000 to $100,000) if the board of trustees declares that an emergency exists affecting the public health or safety.
HB 1613, Counties Building Requirements was introduced. This bill 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.
HB 1634, Emissions Standards was introduced. This bill provides that, by December 1, 2023, the Illinois Environmental Protection Agency shall adopt rules to implement the motor vehicle emission standards of the State of California, including, but not limited to the (1) zero-emission vehicle program, (2) low-emission vehicle program, (3) advanced clean trucks program, and (4) heavy-duty low NOx omnibus program, and shall amend the rules within 6 months of any changes to maintain consistency with the California motor vehicle emission standards and federal clean air laws. Provides that the rules may incorporate by reference the California motor vehicle standards established in final regulations issued by the California Air Resources Board and promulgated under the California Health and Safety Code.
HB 2053, Autonomous Vehicles was filed. This bill defines "autonomous vehicle" as a motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously. 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. Provides that a person who operates a prohibited vehicle is guilty of a Class A misdemeanor and that such a vehicle is subject to impoundment. Provides penalties for the unauthorized sale or modification of an autonomous vehicle.
HB 2068, Transportation Benefit Program was filed. This bill creates the Transportation Benefits Program Act. Requires all covered employers to provide a program that allows a covered employee to elect to exclude from taxable wages and compensation the employee's commuting costs incurred for the purchase of a transit pass to use public transit or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers.
SB 157, Public Construction Bonds was introduced and Assigned to Executive Commmitee. This bill 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.
SB 215, Progressive Design Build was introduced. This bill amends the Design-Build Procurement Act. Provides that "design-build" includes the progressive design-build delivery method. Defines "Progressive design-build delivery method" as a design-build project delivery method that consists of 2 phases. The first phase includes budget-level design development, preconstruction services, and negotiation of a contract price (either lump sum or guaranteed maximum price), and the second phase includes final design, construction, and commissioning of the project.
SB 249, Prevailing Wage was introduced. 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.
SB 316, Propety Tax/Railroads was introduced. This bill provides that railroad property shall be assessed based on the location of the property (rather than as a unit).
Committees Update
SB 133, Construction Bonds Retainage is posted for Judiciary Committee on Tuesday at 1:30 pm. This bill provides that a local governmental unit may not withhold retainage of more than 5% from any payment to a contractor who furnishes the bond or bond substitute required by the Act and that the contractor and its subcontractors may not withhold retainage of more than 5% from their subcontractors.
Rulemaking
There was rulemaking of note for this Council in the February 3rd edition of the Illinois Register
The Department of Transportation proposed an amendment to the Part titled State Operating Assistance to Downstate Areas (92 IAC 653; 46 Ill Reg 4060) effective 1/20/23, concerning audit requirements for Downstate public transportation providers that receive grants from DOT. Current rule requires grant recipients to commission independent audits and also requires DOT to conduct another audit on those documents after they are submitted. The rulemaking eliminates the second audit by DOT and instead requires DOT to simply review and reconcile the audits submitted by grant recipients.
Questions/requests for copies: Gabriella Moretti, DOT, 69 West Washington, 21st Floor, Chicago IL 60602, 312/814-2773, fax 312/ 793-3933.
The Secretary of State proposed amendments to Procedures and Standards (92 IAC 1001; 47 Ill Reg 1635) requiring each party to a hearing before the Motor Vehicle Review Board to pay a $5,000 deposit, along with an increased processing fee, to cover costs, expenses, and fees incurred by the party that does not substantially prevail. If the losing party fails to pay any fees in excess of the original $5,000 deposit within 60 days, an additional penalty of $5,000 will be assessed against that party. The party that substantially prevails will have its deposit refunded. SOS is adopting this rulemaking as a deterrent to the filing of frivolous lawsuits, and to assist in the payment of hearing costs and fees so that State funds are not required to cover them. SOS also proposed an amendment to Cancellation, Revocation or Suspension of Licenses or Permits (92 IAC 1040; 47 Ill Reg 1649) that adds the Office of the Executive Inspector General (EIG) as an entity, along with the SOS Inspector General’s office, that may determine whether a person has cooperated in an investigation of fraudulent activity and provide written verification of participation in an investigation. Previously, the EIG was incorporated within the SOS IG’s office, but recent internal rulemakings have established that the EIG office is a fully independent office.
Questions/requests for copies/ comments on the 2 SOS rulemakings through 3/20/23: Part 1001, Pamela Wright, SOS, 298 Howlett Building, Springfield, IL 62756, pwright@ilsos.gov. Part 1040, Paul Thompson (pthompson@ilsos.gov) or Megan Morgan (mmorgan@ilsos.gov), SOS, 324 W. Monroe St., Springfield IL 62704.
$75 Million in Wastewater and Drinking Water Projects in Second Quarter of FY23
The Illinois Environmental Protection Agency (Illinois EPA) is announcing the issuance of $75,867,318 in water infrastructure loans to local governments and water districts for the second quarter of Fiscal Year 2023 (October – December 2022). The Illinois EPA State Revolving Fund (SRF) Program provides low-interest loans which fund wastewater, stormwater, and drinking water projects. The majority of the loans qualified for a total of $13,160,681 in loan forgiveness, providing additional benefits to those recipients meeting the loan rules for either the Small Community Rate or Hardship Rate.
Illinois EPA’s SRF includes two loan programs, the Water Pollution Control Loan Program (WPCLP) which funds both wastewater and stormwater projects, and the Public Water Supply Loan Program (PWSLP) for drinking water projects. Both programs provide funding at a low interest rate of just 1.24 percent for FY23. The programs receive federal capitalization funding annually, which is combined with state matching funds, interest earnings, repayment money, and the sale of bonds, to form the source of financing for these infrastructure projects.
Learn more here.
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