Illinois Compiled Statutes
30 ILCS 558/ - Public-Private Partnership for Civic and Transit Infrastructure Project Act.
Artilce 25 - Public-Private Partnership

(30 ILCS 558/Art. 25 heading)

(30 ILCS 558/25-1)
Sec. 25-1. Short title. This Article may be cited as the Public-Private Partnership for Civic and Transit Infrastructure Project Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-5)
Sec. 25-5. Public policy and legislative findings.
(a) It is in the best interest of the State of Illinois to encourage private investment in public transit-oriented infrastructure projects with broad economic development, civic and diversity equity, and community impacts, and to encourage related private development activities that will generate new State and local revenues to fund such public infrastructure, as well as to fund other statewide priorities.
(b) Existing methods of procurement and financing of transit-oriented public infrastructure projects serving the needs of the public limit the State's ability to access underutilized private land for such public infrastructure projects and to encourage private, tax-generating development on and adjacent to such public infrastructure projects.
(c) A private entity has proposed a civic and transit infrastructure project, to be completed in one or more phases, which presents an opportunity for a prudent State investment that will develop a major public transit infrastructure asset that has the potential to connect Metra, the South Shore Line, Amtrak, the Northern Indiana Commuter Transportation District, the Chicago Transportation Authority, bus service, and a central-area circulator transit system while bringing significant civic, economic, and fiscal benefits to the State.
(d) It is in the best interest of the State to authorize the public agency to enter into a public-private partnership with the private entity, whereby the private entity will develop, finance, construct, operate, and manage the Civic and Transit Infrastructure Project as necessary public infrastructure in the State, and for the State to utilize a portion of future State revenues to ultimately acquire the civic build as an asset of the State.
(e) The private entity will be accountable to the People of Illinois through a comprehensive system of oversight, auditing, and reporting, and shall meet, at a minimum, the State's utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act as established for similar infrastructure projects in the State. The private entity will establish and manage a comprehensive Targeted Business and Workforce Participation Program for the Civic and Transit Infrastructure Project that establishes definitive goals and objectives associated with the professional and construction services, contracts entered into, and hours of the workforce employed in the development of the Civic and Transit Infrastructure Project. The Targeted Business and Workforce Participation Program will emphasize the expansion of business capacity and workforce opportunity that can be sustained among minority, women, disabled, and veteran businesses and individuals that are contracted or employed under the Targeted Business and Workforce Participation Program developed for the Civic and Transit Infrastructure Project.
(f) The utilization of a portion of the State's sales tax to repay the cost of its public-private partnership with the private entity for the development, financing, construction, operation, and management of the Civic and Transit Infrastructure Project is of benefit to the State for the reasons that the State would not otherwise derive the revenue from the Civic and Transit Infrastructure Project, or the private development on and adjacent to the Civic and Transit Infrastructure Project, without the public-private partnership, and the State or a political subdivision thereof will ultimately own the Civic and Transit Infrastructure Project.
(g) It is found and declared that the implementation of the Civic and Transit Infrastructure Project through a public-private partnership as provided under this Act has the ability to reduce unemployment in the State, create new jobs, expand the business and workforce capacity among minority, woman, disabled and veteran businesses and individuals, improve mobility and opportunity for the People of the State of Illinois, and, by the provision of new public infrastructure and private development, greatly enhance the overall tax base and strengthen the economy of the State.
(h) In order to provide for flexibility in meeting the financial, design, engineering, and construction needs of the State, and its agencies and departments, and in order to provide continuing and adequate financing for the Civic and Transit Infrastructure Project on favorable terms, the delegations of authority to the public agency, the State Comptroller, the State Treasurer and other officers of the State that are contained in this Act are necessary and desirable.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-10)
Sec. 25-10. Definitions. As used in this Act:
"Civic and Transit Infrastructure Project" or "civic build" or "Project" means civic infrastructure, whether publicly or privately owned, located in the City of Chicago, generally within the boundaries of East 14th Street; extending east to Lake Shore Drive; south to McCormick Place's North Building; west to the outer boundary of the McCormick Place busway and, where it extends farther west, the St. Charles Airline; northwest to South Indiana Avenue; north to East 15th Place; east to the McCormick Place busway; and north to East 14th Street, in total comprising approximately 34 acres, including, without limitation: (1) streets, roadways, pedestrian ways, commuter linkages and circulator transit systems, bridges, tunnels, overpasses, bus ways, and guideways connected to or adjacent to the Project; (2) utilities systems and related facilities, utility relocations and replacements, utility-line extensions, network and communication systems, streetscape improvements, drainage systems, sewer and water systems, subgrade structures and associated improvements; (3) landscaping, facade construction and restoration, wayfinding, and signage; (4) public transportation and transit facilities and related infrastructure, vehicle parking facilities, and other facilities that encourage intermodal transportation and public transit connected to or adjacent to the Project; (5) railroad infrastructure, stations, maintenance and storage facilities; (6) parks, plazas, atriums, civic and cultural facilities, community and recreational facilities, facilities to promote tourism and hospitality, educational facilities, conferencing and conventions, broadcast and related multimedia infrastructure, destination and community retail, dining and entertainment facilities; and (7) other facilities with the primary purpose of attracting and fostering economic development within the area of the Civic and Transit Infrastructure Project by generating additional tax base, all as agreed upon in a public-private agreement. "Civic build" includes any improvements or substantial enhancements or modifications to civic infrastructure located on or connected or adjacent to the Civic and Transit Infrastructure Project. "Civic Build" does not include commercial office, residential, or hotel facilities, or any retail, dining, and entertainment included within such facilities as part of a private build, constructed on or adjacent to the civic build.
"Civic build cost" means all costs of the civic build, as specified in the public-private agreement, and includes, without limitation, the cost of the following activities as part of the Civic and Transit Infrastructure Project: (1) acquiring or leasing real property, including air rights, and other assets associated with the Project; (2) demolishing, repairing, or rehabilitating buildings; (3) remediating land and buildings as required to prepare the property for development; (4) installing, constructing, or reconstructing, elements of civic infrastructure required to support the overall Project, including, without limitation, streets, roadways, pedestrian ways and commuter linkages, utilities systems and related facilities, utility relocations and replacements, network and communication systems, streetscape improvements, drainage systems, sewer and water systems, subgrade structures and associated improvements, landscaping, facade construction and restoration, wayfinding and signage, and other components of community infrastructure; (5) acquiring, constructing or reconstructing, and equipping transit stations, parking facilities, and other facilities that encourage intermodal transportation and public transit; (6) installing, constructing or reconstructing, and equipping core elements of civic infrastructure to promote and encourage economic development, including, without limitation, parks, cultural facilities, community and recreational facilities, facilities to promote tourism and hospitality, educational facilities, conferencing and conventions, broadcast and related multimedia infrastructure, destination and community retail, dining and entertainment facilities, and other facilities with the primary purpose of attracting and fostering economic development within the area by generating a new tax base; (7) providing related improvements, including, without limitation, excavation, earth retention, soil stabilization and correction, site improvements, and future capital improvements and expenses; (8) planning, engineering, legal, marketing, development, insurance, finance, and other related professional services and costs associated with the civic build; and (9) the commissioning or operational start-up of any component of the civic build.
"Develop" or "development" means to do one or more of the following: plan, design, develop, lease, acquire, install, construct, reconstruct, repair, rehabilitate, replace, or extend the Civic and Transit Infrastructure Project as provided under this Act.
"Maintain" or "maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and other categories of maintenance that may be designated by the public-private agreement for the Civic and Transit Infrastructure Project as provided under this Act.
"Operate" or "operation" means to do one or more of the following: maintain, improve, equip, modify, or otherwise operate the Civic and Transit Infrastructure Project as provided under this Act.
"Private build" means all commercial, industrial or residential facilities, or property that is not included in the definition of civic build. The private build may include commercial office, residential, educational, health and wellness, or hotel facilities constructed on or adjacent to the civic build, and retail, dining, and entertainment facilities that are not included as part of the civic build under the public-private agreement.
"Private entity" means any private entity associated with the Civic and Transit Infrastructure Project at the time of execution and delivery of a public-private agreement, and its successors or assigns. The private entity may enter into a public-private agreement with the public agency on behalf of the State for the development, financing, construction, operational, or management of the Civic and Transit Infrastructure Project under this Act.
"Public agency" means the Governor's Office of Management and Budget.
"Public-private agreement" or "agreement" means one or more agreements or contracts entered into between the public agency on behalf of the State and private entity, and all schedules, exhibits, and attachments thereto, entered into under this Act for the development, financing, construction, operation, or management of the Civic and Transit Infrastructure Project, whereby the private entity will develop, finance, construct, own, operate, and manage the Project for a definite term in return for the right to receive the revenues generated from the Project and other required payments from the State, including, but not limited to, a portion of the State sales taxes, as provided under this Act.
"Revenues" means all revenues, including, but not limited to, income user fees; ticket fees; earnings, interest, lease payments, allocations, moneys from the federal government, grants, loans, lines of credit, credit guarantees, bond proceeds, equity investments, service payments, or other receipts arising out of or in connection with the financing, development, construction, operation, and management of the Project under this Act. "Revenues" does not include the State payments to the Civic and Transit Infrastructure Fund as required under this Act.
"State" means the State of Illinois.
"User fees" means the tolls, rates, fees, or other charges imposed by the State or private entity for use of all or part of the civic build.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-15)
Sec. 25-15. Formation of the public-private agreement.
(a) In consideration of the requirements of this Act and in order to enable the State to facilitate the development, financing, construction, management, and operation of Civic and Transit Infrastructure Projects, a public agency shall have the authority and shall take all necessary steps to enter into a public-private agreement with a private entity to develop, finance, construct, operate, and manage Civic and Transit Infrastructure Projects. Prior to negotiating the public-private agreement, the public agency shall have the authority to take all necessary steps to enter into interim agreements with the private entity to facilitate the negotiations for the public-private agreement consistent with this Act.
(b) The public agency shall serve as a fiduciary to the State in entering into the public-private agreement with the private entity.
(c) The public agency may retain such experts and advisors as are necessary to fulfill its duties and responsibilities under this Act and may rely upon existing third-party reports and analyses related to the Civic and Transit Infrastructure Project. The public agency may expend funds as necessary to facilitate negotiating and entering into a public-private agreement.
(d) The public agency shall have the authority to adopt rules to facilitate the administration of the public-private agreement entered into consistent with this Act.
(e) The term of the public-private agreement, including all extensions, shall be no more than 75 years. The term of a public-private agreement may be extended by the public agency if it deems that such extension is in the best interest of the State.
(f) Except as otherwise provided under this Act, the Civic and Transit Infrastructure Project shall be subject to all applicable planning requirements otherwise required by the State or local law, including land use planning, regional planning, transportation planning, and environmental compliance requirements.
(g) The public agency shall be responsible for fulfilling all required obligations related to any requests for disclosure of records related to the public business of the public agency and expenditure of State moneys under this Act pursuant to the Freedom of Information Act.
(h) The public-private agreement shall require the private entity to enter into a project labor agreement.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-20)
Sec. 25-20. Provisions of the public-private agreement. The public-private agreement shall include at a minimum all of the following provisions:
(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-25)
Sec. 25-25. Removal of private entity executive employees. The public agency shall have the authority to seek the removal of any executive employee of the private entity from the Project if the executive employee is found guilty of any criminal offense related to the conduct of its business or the regulation thereof in any jurisdiction during the term of the public-private agreement. The public agency shall have the additional authority to approve the successor to the removed executive employee in the event the executive employee is removed from the Project and that approval shall not be unreasonably withheld consistent with the terms of this Section. For purposes of this Section, an "executive employee" is the President, Chairman, Chief Executive Officer, or Chief Financial Officer of the private entity.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-30)
Sec. 25-30. Public agency reporting requirements. The public agency shall submit an annual report to the General Assembly with respect to actions taken by the public agency to implement and administer the provisions of this Act, and shall respond promptly in writing to all inquiries of the General Assembly with respect to the public agency's implementation and administration of this Act.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-35)
Sec. 25-35. Public agency publication requirements. The public agency shall publish a notice of the execution of the public-private agreement on its website and shall publish the full text of the public-private agreement on its website.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-40)
Sec. 25-40. Financial arrangements.
(a) The public agency may apply for, execute, or endorse applications submitted by the private entity to obtain federal, State, or local credit assistance to develop, maintain, or operate the Project.
(b) The private entity may take any action to obtain federal, State, or local assistance for the civic build that serves the public purpose of this Act and may enter into any contracts required to receive the assistance. The public agency shall take all reasonable steps to support action by the private entity to obtain federal, State, or local assistance for the civic build. The assistance may include, but not be limited to, federal credit assistance pursuant to Railroad Rehabilitation and Improvement Financing and the Transportation Infrastructure Finance and Innovation Act. In the event the private entity obtains federal, State, or local assistance for the civic build that serves the public purpose of this Act, the financial assistance shall reduce the State's required payments under this Act on terms as mutually agreed to by the parties in the public-private agreement.
(c) Any financing of the civic build costs may be in the amounts and subject to the terms and conditions contained in the public-private agreement.
(d) For the purpose of financing or refinancing the civic build costs, the private entity and the public agency may do the following: (1) enter into grant agreements; (2) accept grants from any public or private agency or entity; (3) receive the required payments from the State under this Act; and (4) receive any other payments or monies permitted under this Act or agreed to by the parties in the public-private agreement.
(e) For the purpose of financing or refinancing the civic build, public funds may be used and mixed and aggregated with private funds provided by or on behalf of the private entity or other private entities. However, that the required payments from the State under Sections 25-50 and 25-55 of this Act shall be solely used for civic build costs, plus debt service requirements of the civic build, debt service reserves or sinking funds, financing costs, payments for operation and management of the civic build, payments representing the reasonable return on the private equity investment in the civic build, and payments in respect of the public use of private land, air rights, or other real property interests for the civic build, if applicable.
(f) The public agency is authorized to facilitate conduit tax-exempt or taxable debt financing, if agreed to between the public agency and the private entity.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-45)
Sec. 25-45. Term of agreement; transfer of the civic build to the State. Following the completion of the Project and the termination of the public-private agreement, the private entity's authority and duties under the public-private agreement shall cease, except for those duties and obligations that extend beyond the termination, as set forth in the public-private agreement, which may include ongoing management and operations of the civic build, and all interests and ownership in the civic build shall transfer to the State; provided that the State has made all required payments to the private entity as required under this Act and the public-private agreement. The State may also exercise an option to not accept its interest and ownership in the civic build. In the event the State exercises its option to not accept its interest and ownership in the civic build, the private entity shall maintain its interest and ownership in the civic build and shall have the authority to maintain, further develop, encumber, or sell the civic build consistent with its authority as the owner of the civic build. In the event the State exercises its option to have its interest and ownership in the civic build after all required payments have been made to the private entity consistent with the public-private agreement and this Act, the private entity shall have the authority to enter into an operating agreement with the public agency, on such terms that are reasonable and customary for operating agreements, to operate and manage the civic build for an annual operator fee and payment from the State representing a portion of the net operating income of the civic build as further defined and described in the public-private agreement between the private entity and the public agency.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-50)
Sec. 25-50. Payment to the private entity.
(a) Notwithstanding anything in the public-private agreement to the contrary: (1) the civic build cost shall not exceed a total of $3,800,000,000; and (2) no State equity payment shall be made prior to State fiscal year 2024 or prior to completion of the civic build.
(b) The public agency shall be required to take all steps necessary to facilitate the required payments to the Civic and Transit Infrastructure Fund as set forth in Section 3 of the Retailers' Occupation Tax and Section 8.25g of the State Finance Act.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-55)
Sec. 25-55. The Civic and Transit Infrastructure Fund. The Civic and Transit Infrastructure Fund is created as a special fund in the State Treasury. All moneys transferred to the Civic and Transit Infrastructure Fund pursuant to Section 8.25g of the State Finance Act, Section 3 of the Retailers' Occupation Act, and this Act shall be used only for the purposes authorized by and subject to the limitations and conditions of this Act and the public-private agreement entered into by private entity and the public agency on behalf of the State. All payments required under such Acts shall be direct, limited obligations of the State of Illinois payable solely from and secured by an irrevocable, first priority pledge of and lien on moneys on deposit in the Civic and Transit Infrastructure Fund. The State of Illinois hereby pledges the applicable sales tax revenues consistent with the State Finance Act and this Act for the time period provided in the public-private agreement between the private entity and the Authority, on behalf of the State. Moneys in the Civic and Transit Infrastructure Fund shall be utilized by the public agency on behalf of the State to pay the private entity for the development, financing, construction, operation and management of the civic and transit infrastructure project consistent with this Act and the public-private agreement. Investment income, if any, which is attributable to the investment of moneys in the Civic and Transit Infrastructure Fund shall be retained in the Fund for any required payment to the private entity under this Act and the public-private agreement.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

(30 ILCS 558/25-60)
Sec. 25-60. Additional powers of the public agency. The public agency may exercise any powers provided under this Act to facilitate the public-private agreement with the private entity. The public agency, the State, or any State agency and its officers may not take any action that would impair the public-private agreement entered into under this Act, except as provided by law.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-70)
Sec. 25-70. Powers liberally construed. The powers conferred by this Act shall be liberally construed in order to accomplish their purposes and shall be in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this Act, this Act is controlling as to the public-private agreement entered into under this Act.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-75)
Sec. 25-75. Full and complete authority. This Act contains full and complete authority for agreements and leases with the private entity to carry out the activities described in this Act. Except as otherwise required by law, no procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the public agency or any other State or local agency or official are required to enter into an agreement or lease under this Act.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-97)
Sec. 25-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 101-10, eff. 6-5-19.)

(30 ILCS 558/25-100)
Sec. 25-100. (Amendatory provisions; text omitted).

(Source: P.A. 101-10, eff. 6-5-19; text omitted.)

(30 ILCS 558/25-105)
Sec. 25-105. (Amendatory provisions; text omitted).

(Source: P.A. 101-10, eff. 6-5-19; text omitted.)

(30 ILCS 558/25-110)
Sec. 25-110. (Amendatory provisions; text omitted).

(Source: P.A. 101-10, eff. 6-5-19; text omitted.)

(30 ILCS 558/25-115)
Sec. 25-115. (Amendatory provisions; text omitted).

(Source: P.A. 101-10, eff. 6-5-19; text omitted.)

(30 ILCS 558/25-120)
Sec. 25-120. (Amendatory provisions; text omitted).

(Source: P.A. 101-10, eff. 6-5-19; text omitted.)