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Illinois General Assembly· HB 3177Governor Approved

TRANSPORT INFRASTRUCT-DELIVERY, the official text

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HB3177 Enrolled                     LRB104 10935 LNS 21017 b

1   AN ACT concerning transportation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Innovations for Transportation

5 Infrastructure Act is amended by changing Section 15 as

6 follows:

7   (630 ILCS 10/15)

8   (Section scheduled to be repealed on July 1, 2032)

9   Sec. 15. Authorization of project delivery methods.

10  (a) Notwithstanding any other law, and as authority

11 supplemental to its existing powers, except as otherwise

12 provided for in this Act, the Transportation Agency, in

13 accordance with this Act, may use the design-build project

14 delivery method for transportation facilities if the capital

15 costs for transportation facilities delivered utilizing the

16 design-build project delivery method or Construction

17 Manager/General Contractor project delivery method or

18 Alternative Technical Concepts in a design-bid-build project

19 delivery method do not: (i) for transportation facilities

20 delivered by the Department, exceed $500,000,000 $400 million

21 of contracts awarded on an annual basis during the

22 Department's multi-year highway improvement program for any

23 5-year period; or (ii) for transportation facilities delivered
    HB3177 Enrolled  -2-  LRB104 10935 LNS 21017 b

1 by the Authority, exceed 20% of the Authority's annual

2 improvement program. The Transportation Agency shall make this

3 calculation before commencing the procurement. Notwithstanding

4 any other law, and as authority supplemental to its existing

5 powers, the Department, in accordance with this Act, may use

6 the Construction Manager/General Contractor project delivery

7 method for up to 2 transportation facilities per year. Before

8 commencing a procurement under this Act for either a

9 design-build contract or a Construction Manager/General

10 Contractor contract, the Transportation Agency shall first

11 undertake an analysis and make a written determination that it

12 is in the best interests of this State to use the selected

13 delivery method for that transportation facility. The analysis

14 and determination shall discuss the design-build project

15 delivery method or Construction Manager/General Contractor

16 project delivery method's impact on the anticipated schedule,

17 completion date, and project costs. The best interests of the

18 State analysis shall be made available to the public.

19  (b) The Transportation Agency shall report to the General

20 Assembly annually for the first 5 years after June 15, 2022

21 (the effective date of this Act) on the progress of

22 procurements and transportation facilities procured under this

23 Act.

24  (c) A contract entered into pursuant to the provisions of

25 this Act is excepted from the Public Contract Fraud Act.

26 (Source: P.A. 102-1094, eff. 6-15-22; 103-154, eff. 6-30-23.)
   HB3177 Enrolled  -3-  LRB104 10935 LNS 21017 b

1  Section 99. Effective date. This Act takes effect upon

2 becoming law.
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