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



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May 26, 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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Session Update


The House and Senate both returned to Springfield on Wednesday to kick off a half week of extended session. There was floor and committee action well into the night on Wednesday and Thursday with a lot of work occurring behind the scenes as final budget negotiations wrapped up.

 

The House will return today, May 26th at 5 pm for this evening's work on the budget and other remaining legislative matters. Per SJR 42, the Senate has adjourned for the Spring until the call of the Senate President. The House will adjourn after concluding its business at some point on Saturday, May 27th.


As session drew to a close, there was significant floor action of note over the past few days. Relevant bills are noted in a section below.

Procurement Omnibus Bill Passes Both Houses


Last Friday, Senate Amendments #2 and #3 were filed on HB 2878 to become the omnibus procurement bill that had been rumored over the past couple of months. It should be noted that versions of much of what is contained within this 195-page bill had already been seen throughout the Spring as many of the proposals in the omnibus bill were introduced as standalone bills. HB 2878 passed the Senate 53-0-2 last Friday evening and passed the House 77-9-1 last night.


Among other things, this bill includes the following:


  • Eliminates the sunset of single-prime procurement for the capital development board and some limitations of use.
  • Contains a section on bid preferences for Illinois-based businesses.
  • Increased gross sales cap for Veteran Owned Businesses from $75,000,000 to $150,000,000 for firms in the VOSB program.
  • Establishes diversity reporting requirements for state contractors for their professional services suppliers.
  • Requires additional reasoning for those seeking an aspirational goal waiver under the BEP Act.
  • Expands P3 for Transportation Act to include any responsible public entity instead of just transportation agencies. Contains additional P3-related expansions.
  • Responsible public entity: IDOT, State Tollway, and any county, municipality, or other unit of local government.
  • Raises threshold for public construction bonds from $50,000 to $150,000 ($500,000 for IDOT and Tollway)


Read the full bill here.

Additional Bill Action of Note:


HJR 23I-55-Support was adopted 39-11-0 in the Senate. This resolution supports the "I-55 Managed Lane Project" and IDOT's efforts to pursue the project as a P3.


HB 1076County Lease/Farmland passed the House 104-0-0. 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.


HB 1342, Transit passed the House 74-39-0 on concurrence. 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 2527Water and Wastewater Funding Study passed the Senate 101-0-0. 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 2845Prevailing Wage/Biosolids-Oppose passed the Senate 34-19-0 and has now passed both houses. 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 3017, Permitting Portal-Chamber/IERG Initiative passed the House 108-0-0 on concurrence. As amended, this bill provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. In provisions concerning an online transparency tool, provides that certain information shall be provided to the Office of Business Permits and Regulatory Assistance by State agencies. Provides that various provisions of the introduced bill are subject to appropriation. This bill is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois.


HB 3095, Limestone passed the House 109-0-0 on concurrence. This bill requires the Pollution Control Board to adopt rules for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in an underground limestone mine located in whole or in part within the municipality that operates the municipal utility. Requires the rules to be consistent with the Board's Underground Injection Control regulations for Class V wells, provided that the rules shall allow for the limestone residual materials to be delivered to and placed in the mine by means other than an injection well. Provides that rules adopted under the provision shall be adopted in accordance with the provisions and requirements of Title VII of the Act and the procedures for rulemaking in the Illinois Administrative Procedure Act, provided that a municipality proposing rules is not required to include in its proposal a petition signed by at least 200 persons. Provides that rules adopted under the provision shall not be considered a part of the State Underground Injection Control program established under the Act.

 

HB 3326Automated License Plate Readers-Neutral passed the Senate 39-15-0. This bill, as amended, provides that an ALPR 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 the Act. 


HB 3551, Bond Authorization passed the Senate 35-19-0. As amended, this establishes the Bond Authorization Act of 2023. Amends the General Obligation Bond Act. Increases the total amount that the State of Illinois is authorized to issue in general obligation bonds from $79,256,839,969 to $79,440,839,969. Increases the amount of bond proceeds authorized to be used for various capital purposes. Increases the amount of bond proceeds authorized to be used by the Illinois Environmental Protection Agency for grants or loans to units of local government for planning, financing, and constructing sewage treatment works and solid waste disposal facilities. Decreases the amount of bond proceeds authorized to be used for specified coal and energy development purposes. Specifies that refunding bonds shall mature within the term of the bonds being refunded. Amends the Build Illinois Bond Act. Increases the total amount that the State of Illinois is authorized to issue in Build Illinois Act bonds from $9,484,681,100 to $10,019,681,100. Increases the amount of Build Illinois Act bond proceeds that may be used for various purposes. Provides that costs for advertising, printing, bond rating, travel of outside vendors, security, delivery, and legal and financial advisory services, initial fees of trustees, registrars, paying agents and other fiduciaries, initial costs of credit or liquidity enhancement arrangements, initial fees of indexing and remarketing agents, and initial costs of interest rate swaps, guarantees or arrangements to limit interest rate risk, as determined in the related Bond Sale Order, may be paid as reasonable costs of issuance and sale from the proceeds of each Bond sale. Allows 1% (rather than 0.5%) of the proceeds of bond sales to be used for specified costs. Requires the Governor's Office of Management and Budget to supply summaries of costs to the legislative leaders and the Commission on Government Forecasting and Accountability. Makes changes in provisions concerning the selection of bond counsel, the sale of bonds, and the maturing of refunding bonds.

 

HB 3792Prevailing Wage/Light Poles passed the Senate 41-14-0. This bill provides that the definition of "public works" includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. Provides for an exception if the project is performed by employees employed directly by the public body.


HB 3903Redlight Cameras passed the House 106-0-0. This bill Prohibits any contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties, as well as any political action committee created by such a contractor, from making a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Amends the Illinois Vehicle Code. Provides that an automated speed enforcement system or automated traffic law ordinance adopted by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Prohibits any officer or employee of a municipality or county from knowingly accepting employment or receiving compensation or fees for services from a contractor that provides automated law enforcement system equipment or services to municipalities or counties. Requires the statistical analyses of the safety impacts of automated traffic law enforcement systems and automated speed enforcement systems to be conducted every 2 years. Provides that, if a county or municipality changes the vendor it uses for its automated traffic law enforcement system or automated speed enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department of Transportation for reinstallation of one or more of the components of that system and if, at the time of the application, the new vendor operates such a system for any other county or municipality in the State, then the Department of Transportation shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt. Provides that, if an automated traffic law enforcement system is removed or rendered inoperable due to construction, then the Department shall authorize the reinstallation or use of the automated traffic law enforcement system within 30 days after the construction is complete. 


SB 684, Central IL Regional Airport Authority passed the Senate 37-18-0 on concurrence. 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 895County Boundaries passed the House 80-28-1. 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 1570Design Build passed the Senate 55-0-0 on concurrence. 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 1769Govt. Zero Emissions Vehicles passed the House 69-35-0. This bill, as amended, 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


SB 2014, IDOT Safety Improvements passed the Senate 54-0-0 on concurrence. 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 2192, Procurement Bid Notice passed the Senate 56-0-0. This bill 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.

Rulemaking


There was adopted rulemaking of note for this Council in the May 26th edition of the Illinois Register.


DCEO adopted a new Part titled Reimagining Energy and Vehicles in Illinois Program (14 IAC 580; 46 Ill Reg 8953) effective 5/9/23, implementing the Reimagining Energy and Vehicles in Illinois Act [20 ILCS 686], under which DCEO, beginning in 2025, will provide tax credits to manufacturers of electric vehicles, electric vehicle component parts (including suppliers of battery raw materials or battery recyclers), equipment for electric vehicle power supplies, or renewable energy equipment, systems and other products, who locate or expand facilities in Illinois. 


Summary and Purpose of Amendments from the Illinois Register: Provides rules for applicants seeking to apply for the tax credits and exemptions under the REV program, including definitions, application process, eligibility criteria, and tax credit agreement. The rules also provide details regarding the issuance of credits and certificates of exemption to the applicant business. Finally, these rules detail the process and procedure applicable to noncompliant taxpayers.  

Register Today! Illinois Chamber Women in Business Conference

 

June 21, 2023  

 

8:30 am – 2:30 pm  

 

NIU Center | 1120 E. Diehl Road Naperville, IL 60563  

 

The Illinois Chamber welcomes you to our annual women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships are now available, more information here.  


The event features keynote speaker Karen Murphy, SVP of Business Strategy and Chief Financial Officer for the Chicago Bears.

 

Registration Link: Women in Business Conference

Articles of Interest  


Illinois is on the verge of having a new $50 billion budget


Tesla, Ford Team Up in EV-Charging Deal


Lack of air traffic controllers is industry's biggest issue, United Airlines CEO says


U.S. Seaports Are Weathering a Numbers Hangover in Import

Connect with the Chamber
Not a member and want to learn more about the Illinois Chamber - click here to contact Lauryn Thornton. Click here to contact Jack Bernhardt.