70 ILCS 3615/2.41: Fast-track authority.

(a) The Board may designate select projects in the 5-Year Capital Program to be authorized using a fast-track process to be approved along with the 5-Year Capital Program.

(1) To be considered for fast-track authorization, a project must meet each of the following criteria:

(A) It must have over $250,000,000 in 5-year funding programmed in the 5-Year Capital Program.

(B) It must have demonstrated local support in the affected area, as evidenced by comments at public meetings, letters of support from local officials, survey responses, or similar expressions of support.

(C) It must document benefits from techniques recognized to lower costs, such as the use of itemized costs, standardized designs, or increased in-house staff to manage contracts.

(2) The Board shall hold the following hearings for each fast-track project to demonstrate how the project meets the eligibility criteria before final approval of the 5-Year Capital Program. Before adopting a 5-Year Capital Program with one or more fast-track projects, the Board must meet with and attempt to address concerns raised by (i) the county board president or county executive of each county within which any construction activity for the proposed fast-track projects is to be conducted; (ii) the mayor of Chicago if any fast-track project construction activity may occur within Chicago; and (iii) the Department of Transportation if any fast-track project construction activity will affect highway rights-of-way under State jurisdiction.

(b) Once the Board has presented the fast-track project, the Board may approve its fast-track status as part of the 5-Year Capital Program. Upon confirmation of fast-track status, the Authority or the relevant Service Board shall notify the State and any unit of local government or public utility affected by any proposed construction, acquisition, or other activity related to the fast-track project. Any agreements, such as cost-sharing agreements for utility relocation, project betterments, and site access, between the Authority or a Service Board and the State, unit of local government, private or public utilities, or private property owners shall be negotiated and executed before fast-track projects are finalized and construction contracts are executed.

(1) If construction related to the fast-track project will require access to a roadway or right-of-way that is under the jurisdiction of the State or a unit of local government, the Authority shall provide notice to the governmental entity from which the Authority anticipates seeking right-of-way access upon completion of the preliminary plan and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall request access to roadways or right-of-ways, if necessary, from the government entity with jurisdiction over the property. The Authority's request must comply with any existing requirements of the State or unit of local government for access to its roadways or, at minimum, include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work.

Once an access request is received and complete information has been provided, as determined by the State or unit of local government from which the Authority seeks access, the government entity with jurisdiction over the relevant roadway will have 60 days to process and respond to the Authority's request. If the State or unit of local government requires additional information or adjustments to the Authority's plans, it will work with the Authority for an additional 45 days to complete its review. If the State or unit of local government fails or is unable to approve the Authority's request within 120 days, the Authority may report the delay to and seek immediate approval from the relevant representative of the State or unit of local government, which is the Regional Engineer of the Department of Transportation's District 1 Office if the request involves a State roadway; the relevant highway superintendent or county engineer if the request involves a county roadway; the transportation commissioner if the request involves a municipality; or the chief executive officer of the relevant organization if the requests involves any other local governmental entity.

Upon completion of construction, the Authority shall comply with permit and State or unit of local governmental requirements and restore the roadway to its previous condition, unless otherwise agreed to by the State or unit of local government. The Authority shall provide a survey of the quality of the relevant infrastructure and shall allow the State or unit of local government to inspect the infrastructure. The Authority shall be responsible for any defect in infrastructure or other damage resulting from the Authority's actions. The Authority shall either repair or compensate the State or unit of local government for any damages resulting from the Authority's actions. Unless previously agreed, at no point shall the Authority's use of State or unit of local governmental property be permanent, create a property interest, or affect the jurisdiction of the roadway.

(2) If a fast-track project requires the removal, relocation, or modification of any facility of a public utility, the Authority or the relevant Service Board shall provide reasonable notice to the affected public utility when the need for removal or relocation becomes known and shall provide updates throughout the planning stage. Upon completion of final plans, the Authority shall provide written notice to each affected public utility of the need to remove, relocate, or modify its facilities. The notice shall include detailed construction plans, safety measures, and plans for mitigating traffic and inconvenience caused by the work. If public utility facilities that are subject to removal or relocation are located within State or county highway rights-of-way, then the Authority may, with the consent of the State or appropriate county highway authority, coordinate with the Department of Transportation or county highway authority, and the removal or relocation shall be subject to the terms of the Illinois Highway Code. Any other utility relocation or removal shall be subject to the terms of subsection (b) of Section 2.21.

Upon receipt of the written notice, the utility shall prioritize the removal or relocation of the facilities and shall coordinate with the Authority or the relevant Service Board to ensure that the removal or relocation is done safely, efficiently, expeditiously, and without compromising the service to the Authority or the relevant Service Board or the public.