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HB 3177

TRANSPORT INFRASTRUCT-DELIVERY

104th Regular Session Introduced by Harry Benton and 9 co-sponsors

Illinois use design-build, CM/GC, or certain alternative concepts for highway projects is limited by annual dollar thresholds and requires pre-procurement analyses and public discl

Public Act . . . . . . . . . 104-0281
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Bill Summary · HB 3177

Summary — HB 3177 / Public Act 104‑0281

Title: TRANSPORT INFRASTRUCT‑DELIVERY
Public Act: 104‑0281 (enacted) — Effective August 15, 2025

Purpose

Amends the Innovations for Transportation Infrastructure Act (630 ILCS 10/15) to refine and limit when Illinois transportation agencies may use alternative project delivery methods (design‑build, Construction Manager/General Contractor (CM/GC), and certain alternative technical concepts in design‑bid‑build). The changes clarify financial thresholds, require pre‑procurement analyses, and preserve reporting and certain legal exceptions.

Key provisions

  • Delivery methods authorized: The Department of Transportation (IDOT) and the Illinois State Toll Highway Authority (Tollway) may use:
    • Design‑build project delivery;
    • CM/GC project delivery; and
    • Alternative Technical Concepts within design‑bid‑build procurements.
  • Financial limits:
    • For projects delivered by the Department: the capital costs of projects using these delivery methods may not exceed $400,000,000 of contracts awarded on an annual basis during the Department’s multi‑year highway improvement program for any 5‑year period (language in the enrolled bill also reflects prior $500,000,000 threshold struck/changed during amendment).
    • For Tollway‑delivered projects: such projects may not exceed 20% of the Authority’s annual improvement program.
    • The Transportation Agency must calculate compliance with these limits before commencing procurement.
  • CM/GC use: The Department may use the CM/GC delivery method for up to 2 transportation facilities per year.
  • Pre‑procurement analysis and public disclosure: Before soliciting a design‑build or CM/GC contract, the Transportation Agency must prepare a written “best interests of the State” analysis that discusses impacts on schedule, completion date, and project costs; that analysis must be made available to the public.
  • Reporting and legal exceptions:
    • The Transportation Agency must report annually to the General Assembly on procurements and procured facilities for the first 5 years after June 15, 2022.
    • Contracts entered under this Act are excepted from the Public Contract Fraud Act.

Who is affected

  • Illinois Department of Transportation and Illinois State Toll Highway Authority (procurement and program planning);
  • Construction and design firms competing for design‑build and CM/GC contracts;
  • Contractors and subcontractors under these procurement methods;
  • State oversight bodies and the General Assembly (annual reporting requirements);
  • Public stakeholders (greater transparency via published analyses).

Procedural/timeline notes

  • HB 3177 underwent multiple amendments in the House and Senate; companion bill: SB 1564.
  • Passed both houses; signed by the Governor and became Public Act 104‑0281 on August 15, 2025 (effective that date).
  • Reporting requirement pertains to the first five years after June 15, 2022 (statute language retained from prior enactment).

Note: The bill’s legislative history includes alternative threshold language considered in committee/Amendments (e.g., proposals to tie Department limits to 20% of annually‑programmed projects or to retain/adjust a $500M monetary threshold). The enrolled Public Act sets the operative thresholds and procedural requirements summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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