Bill
SB 2428
Creates a time-limited ISTHA procurement set-aside for mid-size construction firms (>$14M–$45M) with up to 4 contracts/year, five-year sunset, and annual reporting.
Status: Died in Committee (filed Feb.–Mar. 2025)
Introduced by: Sen. Cristina Castro
Subject area: Illinois Procurement / Illinois State Toll Highway Authority (ISTHA) set‑asides for mid‑size construction businesses
Companion bill: HB 2963
Note on bill text: Although bill header in the provided packet references municipal annexation, the actual text of SB 2428 amends Section 45‑46 of the Illinois Procurement Code to create/adjust mid‑size business set‑asides limited to ISTHA construction procurements. The legislative action timeline provided contains some inconsistent dates; the bill was introduced in early 2025 and was ultimately reported as “Died In Committee.”
Purpose and intent
- To create a limited, time‑bound procurement set‑aside program that directs a portion of ISTHA construction and construction‑support contracts to Illinois “mid‑size” businesses, expanding opportunities for firms too large for small‑business programs but not dominant in their fields.
Key provisions
- Scope: Applies only to construction‑related procurements for the Illinois State Toll Highway Authority (ISTHA).
- Definition: A “mid‑size business” includes construction businesses with annual sales/receipts in excess of $14,000,000 but not over $45,000,000. The chief procurement officer (CPO) must adopt additional criteria (e.g., employees, receipts), and affiliates’ receipts count toward the size computation. No business may qualify if annual sales/receipts exceed $45,000,000.
- Set‑aside designation: The applicable CPO, in consultation with ISTHA, shall designate a “fair proportion” of construction and construction‑support contracts as mid‑size business set‑asides. Solicitations must identify set‑asides, and only bids/offers from qualified mid‑size businesses may be considered for those awards.
- Award limits: ISTHA may award up to 4 contracts per calendar year under the provision and up to a total of 10 contracts overall under the provision.
- Reporting: ISTHA must prepare an annual report on use of the Section for the preceding fiscal year and provide it to the applicable CPO by March 1 each year.
- Sunset / inoperability: The Section is rendered inoperable 5 years after the award of the first contract under the Section. The bill also contains language repealing the Section “on July 1, 2031” (and elsewhere references repeal scheduled for Jan. 1, 2030), producing ambiguity about exact sunset timing.
Who would be affected
- Primary beneficiaries: Illinois mid‑size construction and construction‑support businesses that meet the defined size thresholds.
- Administrators: ISTHA and the applicable chief procurement officer (rulemaking, contract designation, reporting).
- Other bidders: Larger firms would be excluded from designated mid‑size set‑aside opportunities; competition could shift for non‑set‑aside procurements.
Procedural/timeline aspects
- Time‑limited program: Designed to function only for a limited period (5 years after first award) and subject to statutory repeal language that appears inconsistent and would need clarification.
- Administrative rules required: CPO must promulgate rules to implement size criteria and set‑aside proportions.
- Legislative outcome: The bill did not advance (Died In Committee) during the 2025 session.
Potential impacts (brief)
- Could increase contracting opportunities for mid‑size Illinois construction firms and promote local participation on Tollway projects.
- Limits on number of contracts and a time limit reduce long‑term exposure and create a narrow pilot‑style program.
- Ambiguities in sunset/repeal language and overlap with existing procurement categories would require statutory cleanup or rulemaking for clear implementation.
Compiled from official sources — confirm details with the bill’s official record.
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