ELPC

1

April 10, 2015 Catherine Batey Division Administrator Federal Highway Administration 3250 Executive Park Drive Springfield, Illinois 62703 [email protected] Dear Ms. Batey, The Environmental Law & Policy Center, Midewin Heritage Association, Openlands, Sierra Club, and the other undersigned organizations formally request that the Federal Highway Administration (FHWA) withdraw and reconsider its December 10, 2014 Tier Two Record of Decision (ROD) for the project known as the Illiana Corridor. Since FHWAs issuance of its Tier Two ROD for the proposed Illiana Tollway, new substantial and compelling evidence has emerged that undermines the basis of FHWAs ROD and justifies reconsideration of its decision. First, the United States Forest Service, which administers and oversees the Midewin National Tallgrass Prairie, has submitted a clarification of its comments on the Tier Two Final Environmental Impact Statement (FEIS). The Forest Service has made clear its position that the proposed Illiana Tollway would create substantial negative impacts on the Midewin National Tallgrass Prairie and would constructively use the Tallgrass Prairie within the meaning of Section 4(f) of the Department of Transportation Act, 49 U.S.C. 303. Second, it has now come to light that the financing approach described in the Illinois Department of Transportations (IDOT) September 2013 Fiscal Constraint Demonstration is not feasible, and that IDOT was aware of its infeasibility since spring 2014 and perhaps beforehand. IDOT knew well before the issuance of the Tier Two FEIS and ROD that its Fiscal Constraint Demonstration was invalid. The FHWAs Tier Two FEIS and ROD both relied upon IDOTs inaccurate and incorrect Fiscal Constraint Demonstration in determining that fiscal constraint requirements had been met and in responding to public concerns regarding financing. See 23 U.S.C. 134(i)(2)(E) and 134(j)(1)(C) (requiring that a metropolitan transportation plan (MTP) and metropolitan transportation improvement program (TIP) include only projects that can be implemented with funds that are reasonably expected to be available); 23 C.F.R. 450.322(f)(10) and 450.324(h), (i) (setting out fiscal constraint requirements for MTPs and TIPs, respectively); FHWA, Supplement to January 28, 2008 Transportation Planning Requirements and Their Relationship to NEPA Process Completion (Feb. 9, 2011), available at http://www.fhwa.dot.gov/planning/tpr_and_nepa/tprandnepasupplement.cfm (describing how fiscal constraint requirements must be met for a project before a ROD can be finalized). FHWAs reliance on IDOTs discredited Fiscal Constraint Demonstration violates the

2

requirement that the environmental review process under the National Environmental Policy Act (NEPA) be open, public and truthful. North Carolina Wildlife Fedn v. North Carolina DOT, 677 F.3d 596, 604-05 (4th Cir. 2012). Third, on January 12, 2015, Illinois Governor Bruce Rauner issued Executive Order 15-08, which put an indefinite hold on the proposed Illiana Tollway and which also demonstrates the State of Illinois lack of will to build the proposed Illiana Tollway. According to FHWA guidance, this means that the proposed P3 approach for the Illiana Tollway does not constitute a reasonably expected source of funds. 23 U.S.C. 134(i)(2)(E) and 134(j)(1)(C); 23 C.F.R. 450.322(f)(10) and 450.324(h), (i). Therefore, the proposed Illiana Tollway does not meet fiscal constraint requirements. Fourth, the U.S. Census Bureaus most recent county-level population estimates continue to demonstrate that IDOTs socioeconomic forecasts for Will County are greatly overstated, unrealistic and unreasonable. Moreover, the Chicago Metropolitan Agency for Planning (CMAP), which is the Chicago-area Metropolitan Planning Organization (MPO), updated its population forecasts in October 2014 to reflect even lower population levels in Will County than it had previously forecast, now making the gap between IDOTs estimates and those of CMAP even larger. In light of the above facts, some of which were known by IDOT, but not disclosed, before the final FEIS and ROD were issued, the FHWA should withdraw and reconsider its Tier Two ROD. I. THE U.S. FOREST SERVICE HAS CLARIFIED ITS POSITION THAT THE

PROPOSED ILLIANA TOLLWAY WOULD CONSTRUCTIVELY USE THE MIDEWIN NATIONAL TALLGRASS PRAIRIE, IN VIOLATION OF SECTION 4(f) OF THE DEPARTMENT OF TRANSPORTATION ACT.

FHWAs determination that the proposed Illiana Tollway complies with Section 4(f) of the Department of Transportation Act, 49 U.S.C. 303, was based on a misstatement by the U.S. Forest Service in its comments on the Tier Two FEIS. As noted above, the U.S. Forest Service is responsible for administering the Midewin National Tallgrass Prairie. In its comments on the Tier Two FEIS, the U.S. Forest Service stated that [t]he section 4(f) evaluation provided in this Tier Two FEIS did not include an analysis that considered alternatives to avoid impacts or completely avoid the use of Midewin and explains that all potential impacts are critical to the mission of the Midewin National Tallgrass Prairie. Illiana Corridor Tier Two ROD, App. E, at E-3, E-4. The Forest Services comments, however, mistakenly characterized the persistent impacts to grassland bird habitat resulting from the construction of the Illiana Corridor as de minimis impacts. Id. at E-4. FHWA said in the ROD that a finding of de minimis impacts is not applicable to the impacts of the proposed Illiana Tollway on the Midewin National Tallgrass Prairie because the tollway would not directly use the Tallgrass Prairie. Illiana Corridor Tier Two ROD, App. F, at F-6. FHWA, however, went on to state that FHWAs finding that the project will not substantially impair the MNTP is consistent with the USDAs assertion that the project would have de minimis impacts on the MNTP. Id. FHWA therefore used the Forest Services statement about

3

de minimis impacts as support for its finding that there was supposedly no constructive use of the Midewin National Tallgrass Prairie. On March 20, 2015, the U.S. Forest Service sent a letter to the Federal Highway Administration clarifying its position on the Section 4(f) compliance determination in the Tier Two ROD (attached as Ex. A). This letter states that the Forest Services Tier Two FEIS comments contained an error and that it incorrectly used the term de minimis impacts instead of constructive use, with respect to the proximity impacts that the Illiana Highway would have upon grassland bird habitat at Midewin. Id. at 1 (emphasis in original). The Forest Service explicitly states that it do[es] not agree with the FHWA view that the Illiana will not substantially impair Midewin and that it believes that Midewin is owed the Section 4(f) protections afforded a conclusion of constructive use under the FHWAs regulations. Id. at 2. The Forest Service further stated that its earlier reference to de minimis impacts was clearly inconsistent with the circumstances at hand, the Forest Services previously stated views in Tier One and Tier Two, the FHWAs regulatory scheme, and the remainder of the points . . . made in its Tier Two FEIS comments, such that FHWA should have understood that the Forest Services reference to de minimis impacts was in error. Id. at 2. The Forest Service is correct that FHWA should have understood the Forest Services Tier Two FEIS comments did not approve of FHWAs incorrect conclusion that the proposed Illiana Tollway would not substantially impair the Midewin National Tallgrass Prairie. FHWAs determination that the Illiana Tollway would not constructively use the Midewin National Tallgrass Prairie is therefore in direct opposition to the finding of the federal agency that oversees the protected National Tallgrass Prairie, and should accordingly be reconsidered and withdrawn. II. IDOTS PROPOSED FINANCING APPROACH IS NOT FEASIBLE OR VIABLE. IDOTs publicly-proposed financing approach is not feasible or viable, and that renders the Tier Two FEIS and ROD invalid. As explained in the Tier Two ROD, FHWA transportation planning regulations include a fiscal constraint requirement for MPO metropolitan transportation plans and transportation improvement programs. 23 U.S.C. 134(i)(2)(E) and 134(j)(1)(C); 23 C.F.R. 450.322(f)(10) and 450.324(h), (i). IDOT submitted a Fiscal Constraint Demonstration to the Chicago metropolitan areas MPO in September 2013 (attached as Ex. B). IDOT stated that it planned to seek a no-interest federal Transportation Infrastructure Finance and Innovation Act (TIFIA) loan to reduce the costs of financing the proposed Illiana Tollway, along with State funding and funds contributed by a private partner. Ex. B, IDOT Fiscal Constraint Demonstration, at 6-7. Based on this IDOT document, FHWA based its determination that the fiscal constraint requirements were met. See Tier Two ROD at 19-21. IDOT, however, has been aware since spring 2014, if not earlier, that this financing approach is not feasible or viable. In spring 2014, on behalf of IDOT, the Illinois Finance Authority contracted with Fitch Ratings to obtain a credit rating opinion letter for a TIFIA loan for the Illinois portion of the proposed Illiana Tollway project. See IFA Award Notice (attached as Ex. C). However, Fitch Ratings apparently declined to give the project an investment grade credit

4

rating, rendering IDOTs proposed approach unworkable. See Greg Hinz, Secret State Study Dinged Illiana Finances, CRAINS CHICAGO BUSINESS (Mar. 25, 2015) (attached as Ex. D). See also Editorial: Illiana Findings Disappoint, then Disappear, CHICAGO TRIBUNE (Apr. 2, 2015) (attached as Ex. E). NEPA requires an open and public review process. North Carolina Wildlife Fedn, 677 F.3d at 604-05. IDOT subverted the review process in this case. IDOT did not disclose to the public that its proposed financing method was infeasible. IDOT has not made public any alternative financing approach. FHWAs fiscal constraint requirement mandates a viable financing method based on reasonably expected funding. 23 U.S.C. 134(i)(2)(E) and 134(j)(1)(C); 23 C.F.R. 450.322(f)(10) and 450.324(h), (i). FHWAs Tier Two ROD was based on the understanding that the approach described in IDOTs Fiscal Constraint Demonstration was viable. In fact, FHWA cited IDOTs demonstration at several points in the FEIS and ROD to address concerns with financing for the Illiana that had been raised by other parties in their submitted comments. See Illiana Corridor Tier Two FEIS, App. D, at DD-179, DD-187DD-193; Illiana Corridor Tier Two ROD, App. F, at F-34. IDOTs demonstration was invalid at the time of the issuance of the Tier Two FEIS and ROD. IDOT was apparently aware of, but failed to disclose, the negative Fitch Ratings opinion and related information to the public. IDOTs failure to disclose the negative Fitch Ratings opinion also compels FHWAs withdrawal of its October 21, 2014 approval of the CMAP MPO Policy Committees purported approval of an update to the Chicago-area MTP (known as the GO TO 2040 Plan) and the Fiscal Year 2014-2019 TIP. Like the Tier Two FEIS and ROD, these approvals, to the extent they included the proposed Illiana Tollway, were based on IDOTs discredited Fiscal Constraint Demonstration. Accordingly, IDOT (and FHWA) have not met the standards for demonstrating that the proposed Illiana Tollway is a fiscally constrained project, the Tier Two FEIS and ROD are fatally flawed, and FHWA should withdraw and reconsider the Tier Two ROD. III. GOVERNOR RAUNER HAS INDEFINITELY SUSPENDED THE PROPOSED

ILLIANA TOLLWAY. On January 12, 2015, Governor Rauner signed Executive Order 15-08 (attached as Ex. F), which suspends [t]he planning and development of any major construction that has an impact on interstate travel and for which construction has not commenced . . . in order to allow careful review of the project and its potential costs and benefits. Ex. F, E.O. 15-08, at 2. Governor Rauners Director of Communications has publicly confirmed that this Executive Order puts the proposed Illiana Tollway on hold. In stark contrast with former Governor Quinns support for the proposed Illiana Tollway, Governor Rauners Executive Order demonstrates the State of Illinois present lack of commitment to build this proposed Tollway. FHWA notes that a P3 may be used as a basis for demonstrating fiscal constraint if there are clear expressions of support by the Governor and/or other appropriate local/regional decision makers. Tier Two ROD at 19 (quoting FHWA, Guidance on Financial Planning and Fiscal Constraint for Transportation Plans and Programs,

5

at Q. 11(c) (Apr. 17, 2009), available at http://www.fhwa.dot.gov/planning/ guidfinconstr_qa.cfm). Governor Rauner has not given any clear expressions of support for the Illiana Tollway, and in fact, under Illinois law, the P3 process may not go forward without the Governors specific approval. See 605 ILCS 130/20(h). Therefore, the currently proposed P3 approach upon which the FHWAs ROD is based does not constitute a reasonably expected source of funding, and the applicable fiscal constraint requirements have not been met. See 23 U.S.C. 134(i)(2)(E) and 134(j)(1)(C); 23 C.F.R. 450.322(f)(10) and 450.324(h), (i). This, in combination with the above information demonstrating that IDOT does not have a viable financing approach, warrants FHWAs reconsideration and withdrawal of the ROD. IV. CURRENT POPULATION DATA SHOW THAT IDOTS FORECASTS

GREATLY OVERSTATE LIKELY POPULATION AND TRAFFIC IN WILL COUNTY.

The U.S. Census Bureaus most recent county-level population estimates show that the population in Will County over the past several years has been almost stagnant. This further demonstrates that IDOTs forecasts of explosive growth in Will County are greatly overstated and unreasonable. CMAP, the designated MPO for the Chicago area, also updated its population forecasts in October 2014, and it projects that Will Countys population in 2040 will be even lower than previously predicted. IDOT estimates that Will County will grow from 677,560 people in 2010 to a whopping 1,366,456 in 2040an annual growth rate of 3.39%. Tier Two DEIS, App. B, at 31, tbl. 1. By contrast, the U.S. Census Bureau data shows that from 2010 to 2014, the actual annual growth rate was only 0.29%. U.S. Census Bureau, State & County QuickFacts: Will County, Illinois (Mar. 24, 2015), available at http://quickfacts.census.gov/qfd/states/17/17197.html (attached as Ex. G). The substantial exurban sprawl predicted by IDOT simply does not match todays reality. See Mary Ellen Podmolik, Will County Leads the Country in Population Shift, CHICAGO TRIBUNE (Mar. 26, 2015) ([The] Census Bureau ha[s] determined Will County saw the nation's biggest swing in the number of people who moved into and out of the county before and after the Great Recession.) (attached as Ex. H). In addition, CMAP recently updated its population forecasts for its updated GO TO 2040 Plan to reflect the results of the 2010 Census. As noted in public comments by the undersigned parties, IDOTs population forecasts are inconsistent with and significantly higher than CMAPs original estimates in GO TO 2040. See Tier Two ROD, App. E, at E-27. CMAPs original estimates, however, were made using pre-2010 Census results. CMAP updated its population forecasts in October 2014, and decreased its 2040 population estimate for Will County by over 40,000 people, from 1,217,879, to 1,175,218. Tier Two DEIS, App. B, at 31, tbl. 1; CMAP, Population Forecast, available at http://www.cmap.illinois.gov/data/demographics/population-forecast (attached as Ex. I). This means that the difference between IDOTs and CMAPs estimates is even greater than when the Tier Two FEIS was released. FHWA should accordingly reconsider and withdraw the Tier Two ROD.

6

For the foregoing reasons, the Environmental Law & Policy Center, Midewin Heritage Association, Openlands, Sierra Club, and the other undersigned organizations respectfully request that FHWA reconsider and withdraw its Tier Two ROD for the Illiana Corridor and require IDOT to revise the Tier Two FEIS to comply with the requirements of NEPA and Section 4(f). Please contact us if you have any questions on this request or would like to discuss these issues in more detail. Thank you for your and FHWAs consideration.

Sincerely,

Howard A. Learner Andrew Armstrong Rachel Granneman Attorneys for the Environmental Law & Policy Center, Midewin Heritage Association, Openlands and Sierra Club Environmental Law & Policy Center 35 East Wacker Drive, Suite 1600 Chicago, IL 60601 (312) 673-6500 [email protected] ILLINOIS ENVIRONMENTAL COUNCIL ILLINOIS AUDUBON SOCIETY

Jennifer Walling President Illinois Environmental Council 230 Broadway Springfield, Illinois 62701 [email protected] 217.544.5954

Tom Clay Executive Director Illinois Audubon Society P.O. Box 2547 Springfield, Illinois 62708 [email protected] 217.544.2473

7

ILLINOIS PADDLING COUNCIL MIDEWIN HERITAGE ASSOCIATION

Jack Snarr President Illinois Paddling Council 2138 Clinton Street Rockford, Illinois 61103 [email protected] 847.869.4606

Lorin Schab President Midewin Heritage Association P.O. Box 54 Wilmington, Illinois 60481 [email protected] 815.423.2149

MIDEWIN TALLGRASS PRAIRIE ALLIANCE NO ILLIANA 4 US

Gerald Heinrich President Midewin Tallgrass Prairie Alliance 1770 S. Vista Drive Wilmington, Illinois 60481 [email protected] 815.476.6171

Virginia Hamann President No Illiana 4 Us [email protected] 708.516.4765

OPENLANDS PRAIRIE RIVERS NETWORK

Gerald W. Adelmann President & CEO Openlands 25 East Washington, Suite 1650 Chicago, Illinois 60602 [email protected] 312.863.6262

Glynnis Collins Prairie Rivers Network Executive Director 1902 Fox Drive, Suite G Champaign, Illinois 61820 [email protected] 217.344.2371

8

SIERRA CLUB, ILLINOIS CHAPTER THE NATURE CONSERVANCY

Jack Darin Director Sierra Club, Illinois Chapter 70 East Lake Street, Suite 1500 Chicago, Illinois 60601 [email protected] 312.251.1680 x112

Robert K. Moseley The Nature Conservancy, Illinois 8 South Michigan, Suite 900 Chicago, Illinois 60603 [email protected] 309.636.3330

THE WETLANDS INITIATIVE WILL COUNTY BOARD MEMBER - DISTRICT 1 Paul Botts Executive Director The Wetlands Initiative 53 West Jackson, Suite 1015 Chicago, Illinois 60604 [email protected] 312.922.0777 x 112

Judy Ogalla Will County Board Member, District 1 28560 South Will Center Road Monee, Illinois 60449 [email protected] 708.710.3701

WILL COUNTY CHAPTER OF THE ILLINOIS AUDUBON

FORT DEARBORNE TRUCKING, INC.

Rita Renwick President Will County Chapter of the Illinois Audubon Society P.O. Box 3289 Joliet, Illinois 60434 [email protected] 815.724.2934

David S. Dodd Fort Dearborne Trucking, Inc. 10560 State Route 53 Wilmington, IL 60481 [email protected]

Exhibit A US Forest Service Letter to Federal Highway Administration

Clarifying its position on the Section 4(f) compliance determination in the Tier Two ROD (Mar. 20, 2015)

United States Department of Agriculture

Forest Service

Midewin National Tallgrass Prairie

30239 South State Route 53 Wilmington, IL 60481 (815) 423-6370

Caring for the Land and Serving People Printed on Recycled Paper

File Code: 1900 Date: March 20, 2015

Catherine A. Batey Federal Highway Administration 3250 Executive Park Drive Springfield, IL 62703 SUBJECT: Illiana Corridor Tier Two, FEIS, Midewin Comment Letter Correction Dear Ms. Batey:

After reviewing Appendix F, of the December 10, 2014, Record of Decision (ROD), of the Federal Highway Administration (FHWA) concerning the Illiana Corridor Tier Two, it has come to my attention that my October 23, 2014 letter to you, which commented upon FHWAs Final Environmental Impact Statement (FEIS), contained an error. As a result, this letter is offered as a correction to my October 23, 2014 letter, so that my position, as Prairie Supervisor of the Midewin National Tallgrass Prairie (Midewin), a Section 4(f) property, may be accurately reflected in the FHWA decision record. My October 23, 2014 letter stated: These persistent impacts to grassland bird habitat resulting from the construction of the Illiana Corridor should be considered de minimis impacts, and as such Midewin should be offered the full range of remedies included in 23CFR774. In that sentence, I incorrectly used the term de minimis impacts instead of constructive use, with respect to the proximity impacts that the Illiana Highway would have upon grassland bird habitat at Midewin. As you know, and as the Forest Services previous correspondence with FHWA demonstrates, the Forest Service has long been concerned that the construction of the Illiana would result in irreparable injury to grassland bird habitat at Midewin. Also, all involved in Tier One and Tier Two of Illiana Highway planning, understand that the impact, over which Forest Service is concerned, would not be due to the footprint of Illiana intersecting Midewin lands. Rather, it is based on the Forman Studys conclusion related to proximity impacts of highways upon bird habitats. But for my incorrect reference to de minimis impacts, the October 23, 2014, letter evidences my continuing concern over impacts from the Illiana, concluding that Midewin should be offered the full range of remedies included in 23CFR774. FHWAs response to my October 23, 2014 letter points out that when there is no direct use of a Section 4(f) property (i.e. no intersection between the footprint of the highway project and the Section 4(f) property), there can be no finding of de minimis impacts. Further, the FHWA response states that a finding of de minimis impacts is not consistent with a request for mitigating remedies, which I had made in my October 23rd letter. I agree with these particular views.

Consequently, my reference to de minimis impacts was clearly inconsistent with the circumstances at hand, the Forest Services previously stated views in Tier One and Tier Two, the FHWAs regulatory scheme, and the remainder of the points I made in my October 23rd letter. Those inconsistencies should have been sufficient to indicate to FHWA the error of my reference to the de minimis terminology. However, the FHWA response to my October 23, 2014, letter shows that the FHWA incorrectly concluded (from my own erroneous reference to de minimis impacts) that the Forest Service no longer has concerns over the impacts of the Illiana upon the grassland bird habitats at Midewin and that the Forest Service now agrees with FHWA that there is no constructive use. In other words, the FHWA response wrongly jumps to the conclusion that FHWAs finding that the project will not substantially impair the MNTP is consistent with the USDAs assertion that the project would have de minimis impacts on the MNTP. FHWA Record of Decision, Appendix F, p. F-6. My misunderstanding of the latin terminology of the FHWA regulations should not be held against the position of the Forest Service with respect to the Illiana.1 Plainly stated, as manager of the Federally-owned, Section 4(f) property of Midewin, I do not agree with the FHWA view that the Illiana will not substantially impair Midewin. Hence, the need for this correction letter. In summary, it was an error for my October 23, 2014 letter to request a determination of de minimis impacts. Rather, consistent with my letter of March 10, 2014 (commenting on the Tier Two Draft Environmental Impact Statement), the Forest Service continues to be concerned over the impacts from the Illiana and believes that Midewin is owed the Section 4(f) protections afforded a conclusion of constructive use under the FHWAs regulations. The remainder of my October 23, 2014 letter is unchanged. Thank you for this opportunity to correct my comment letter. Sincerely, WADE A. SPANG Prairie Supervisor Midewin National Tallgrass Prairie cc: Robert A Hommes

1 Given the relative timing between the FEIS comment deadline and personnel schedules, I was not able to obtain USDA legal review of my comment letter prior to its filing with FHWA; such review would have likely caught my error in using the term de minimis.

Exhibit B IDOT Fiscal Constraint Demonstration

1

ILLIANA CORRIDOR FISCAL CONSTRAINT DEMONSTRATION FOR INCLUSION IN THE FISCALLY CONSTRAINED CMAP GO TO

2040 COMPREHENSIVE REGIONAL PLAN September 27, 2013

I. Introduction The purpose of this document is to demonstrate how the Illiana Corridor Project meets the fiscal constraint requirements for amending the project into the fiscally constrained Chicago Metropolitan Agency for Planning (CMAP) GO TO 2040 Comprehensive Regional Plan. This is intended to fulfill IDOTs commitment to provide additional financial information that became available since the April 8, 2013 request for the inclusion of the Illiana Corridor Project as a fiscally constrained major capital project in the GO TO 2040 Plan. The Illiana Corridor Project has been a great success thus far, representing a bi-state partnership between the Illinois Department of Transportation (IDOT) and the Indiana Department of Transportation (INDOT), as well as two Federal Highway Administration (FHWA) division offices, all of the bi-state regions environmental regulatory agencies, and numerous stakeholders across the 900-square mile study area. The planning work for the Illiana Corridor Project encompasses an unprecedented level of stakeholder participation, technical expertise, and agency oversight. As part of this coordination effort, INDOT has also issued a formal request to the Northwestern Indiana Regional Planning Commission (NIRPC) to include the Illiana Corridor as a fiscally constrained major capital project in the 2040 Comprehensive Regional Plan. INDOT will submit a document similar to this one to NIRPC to demonstrate that the Illiana Corridor meets fiscal constraint requirements. The implementation of the Illiana Corridor Project will rely upon a public-private partnership (P3) which will allow access to private equity capital to finance the project. This will be particularly helpful since the Illiana Corridor will indirectly rely on a toll-based revenue stream, State contributions, and alternative delivery funding to support the full amount of the upfront capital investment. The P3 will accelerate the delivery of the Illiana Corridor by securing much of the upfront capital necessary to construct the project all at once, rather than in stages. The P3 will mean the difference between delivering the Illiana Corridor and having no project at all. The Illiana Corridor will also utilize a combination of conventional (federal, state and local) funding resources in addition to the innovative financing techniques included in the P3.

2

Following a brief background section and a summary of anticipated project costs, this document provides a synopsis of the potential sources of funding that the State of Illinois expects could be utilized in some combination to meet the currently anticipated funding needs for the Illiana Corridor. At this time, these potential funding sources and financing mechanisms are projected to be available in the amounts and at the times needed to complete construction of and operate and maintain the Project. It should be emphasized that this document does not represent a formal financial plan for the Illiana Corridor Project. As the projects financial structure is still being analyzed and developed, it does not include the full range of potential funding and financing strategies that could be considered as part of the development of the project. In addition, a P3 procurement process has been initiated by IDOT in conjunction with INDOT. As such, detailed financial information needs to remain confidential in order to not jeopardize the P3 procurement process and to ensure competition and innovation among the potential bidders. The information provided in this document is intended to demonstrate that the Illiana Corridor meets the fiscal constraint requirements for the long range transportation plan, which includes the project cost estimate and the funding resources that can reasonably be expected for the project.

II. Background

The Illiana Corridor Project is a proposed 47-mile long east-west limited access highway between I-55 in Illinois and I-65 in Indiana located in Will County, Illinois and Lake County, Indiana. On June 9, 2010, the Governors of Illinois and Indiana signed a Memorandum of Understanding (MOU) for a mutual commitment to the project by both states. In April 2011, IDOT and INDOT initiated the Illiana Corridor Study as a tiered environmental impact statement (EIS). Approval of the single document Illiana Corridor Tier One Final EIS and Record of Decision (ROD) was received in January 2013. The preparation of the Tier Two EIS is currently underway, with approval of the Tier Two Final EIS/ROD expected in March 2014. With the completion of the Tier One EIS and receipt of a ROD, sufficient justification is now available to include the project on the fiscally constrained project list in the CMAP GO TO 2040 Plan. The Illianas preferred corridor and cost estimates have been developed. To proceed with identification of potential private funding sources, it is now necessary to include the Illiana Corridor in the GO TO 2040 Plan as a fiscally constrained major capital project so that IDOT can receive a Tier Two ROD, thereby allowing IDOT to continue the P3 procurement process by releasing the Request for Qualifications (RFQ), and ultimately the Request for Proposals (RFP). Risk is a key component in pricing of a concessionaires P3 bid. In order to minimize the potential risks and overall uncertainty regarding the projects approval, the Illiana project is required to be included in the long-range transportation plan to allow for the issuance of a federal ROD and to maintain the momentum or the P3 process. IDOT and INDOT are planning to release the RFQ this fall. In order for the States to reasonably release the RFQ and attract as many potential concessionaire teams as possible, it is essential that risk and uncertainty be

3

minimized. One of the benefits of the P3 process is the expediency in project delivery and the resulting cost savings that can occur from a shorter implementation timeframe. Further, adherence to the current Tier Two Record of Decision schedule and anticipated RFQs and RFPs from a greater array of bidders may ultimately result in lower project costs as current interest rates are expected to increase over time for various financing options, including TIFIA loans, should interest rates continue their current upward trend. For these reasons, IDOT, in a letter from the Secretary dated April 8, 2013 requested amending the CMAP long range transportation plan to include the Illiana Corridor at the October 2013 meeting of the MPO Policy Committee, which is the designated metropolitan planning organization (MPO) for the northeast Illinois region.

III. Project Costs A summary of the currently available project cost estimates for the Illiana Corridor are provided below. A. Project Development and Construction Costs As part of the Illiana Corridor Project, IDOT and INDOT have developed a cost estimate based on quantity takeoff using concept plans and unit prices developed from recent bid prices in Illinois and Indiana. The cost estimate is periodically updated as the overall scope and project-specific design elements are better defined during Tier Two. As part of the ongoing Context Sensitive Solutions (CSS) process being utilized for the Illiana Corridor project, two additional interchanges (Wilton Center Road and IL-50) were added to the project, as well as 17 additional cross-road connections that were not assumed during Tier One. In addition, IDOT has expanded the scope of the Tier Two EIS to include the I-55 at Lorenzo Road Interchange Project to ensure that FHWA Logical Termini requirements are met, given its close proximity to the I-55/IL-129 Interchange where the Illiana Corridor connects with I-55. In August of 2013, the FHWA conducted a major independent project cost review of the Illiana Corridor Project cost estimate. Their cost review included all aspects of the cost including construction, land acquisition, utility relocations, and engineering/construction oversight. The FHWA cost estimate also included past expenditures for the Phase 1 study that were not included in IDOTs Illiana Corridor Project cost estimate. Based on the latest Tier Two cost estimate, FHWA, IDOT, and INDOT anticipate the total cost to be approximately $1.5 billion. Since this includes about $60 million in previously programmed costs associated with the preliminary engineering and environmental studies (Phase 1), as well as about $140 million in costs previously programmed for the I-55 at Lorenzo Road and IL-129 improvements project, the programming requirement for the Illiana Corridor Project is $1.3 billion. The Illinois contribution to the project is expected to be approximately $1 billion. This would include the construction cost, land acquisition, utility relocations, and engineering/construction oversight costs for the project.

4

Illiana Cost Estimate (YOE $ millions)

Preliminary Engineering and Environmental Studies* $60

I-55 at Lorenzo Road and IL-129 Project* $140

Illiana Tier Two Cost Estimate $1,300

Total Project Cost Estimate $1,500

*Currently included in the IDOT Multi-Year Program Therefore, the IDOT cost estimate of approximately $1 billion for Illinois share of the Illiana Corridor has been substantiated through refined engineering and confirmed through an independent FHWA project cost review. It should be noted that the current Tier Two cost estimate presented above will be continuously refined and is subject to change. This cost estimate does not include any potential cost savings that could result from innovative design and construction techniques and life cycle cost efficiencies that may be employed by a P3 concessionaire. B. Operations and Maintenance Costs In addition to the development and construction costs summarized above, the project must account for reasonably anticipated operations and maintenance costs. These costs include routine facility operations and maintenance costs, major maintenance requirements, and toll operations costs. These cost items were incorporated into IDOT and INDOTs financial study, and the results showed that operations and maintenance costs would be covered by reasonably available resources.

IV. Funding and Financing Approach In accordance with the Moving Ahead for Progress in the 21st Century (MAP-21) FHWA guidance on public private partnerships as it relates to fiscal constraints, revenue forecasts that support a Statewide Transportation Improvement Program (STIP), metropolitan transportation plan, or a metropolitan Transportation Improvement Program (TIP) may take into account new funding sources and levels of funding not currently in place, but which are "reasonably expected to be available." The MAP-21 FHWA guidance further indicates that both public and private sources of funding are to be reflected in the financial information and financial plans that support the STIP, metropolitan transportation plan, and TIP. This includes P3s, and like any other transportation project, the funding sources associated with financing a particular P3 project, such as the Illiana Corridor, generally are to be "reasonably expected to be available." A P3 project may be "reasonable" if there are clear expressions of support by the Governor and/or other appropriate local/regional decision makers and a strategy exists for securing necessary approvals within the time period for implementing the project. On June 9, 2010, the Governor of Illinois signed legislation authorizing IDOT to enter into one or more public private agreements with one or more contractors to develop, finance, construct, manage, or operate the Illiana Corridor on behalf of the state. This constitutes clear expressions of support by the

5

Governor and decision makers and the current Illiana Corridor schedule and NEPA process marks a strategy for securing necessary approvals within the time period for implementing the project. The Illiana Corridor Act (Public Act 096-0913) and the Indiana Senate Enrolled Act No. 382 allow a collaborative planning effort for a new interstate highway between I-55 in Illinois and I-65 in Indiana. Both states can now enter into P3s with one or more private entities to develop, finance, construct, manage, and/or operate the Illiana Corridor. IDOT and INDOT have initiated a P3 procurement process. On May 29, 2013, a Request for Information Regarding an Innovative Project Delivery Approach for the Illiana Corridor Project Cooperatively Between the Illinois Department of Transportation and Indiana Department of Transportation was issued. The purpose of the RFI was to provide an opportunity to receive industry feedback prior to and at the Illiana P3 Industry Forum and associated one-on-one meetings with industry participants on June 24 and 25, 2013. Governors Pat Quinn of Illinois and Mike Pence of Indiana gave the keynote addresses at the Illiana P3 Industry Forum and stressed the importance of this project to both states. A total of 15 potential proposers expressed interest in the project. The current P3 procurement schedule includes the release of a RFQ in fall 2013, the release of a RFP in winter 2013/2014, and commercial close in fall 2014. It should also be noted that the use of P3s is strongly supported in the CMAP GO TO 2040 Plan. IDOT and INDOT have evaluated a wide range of potential funding and financing strategies for implementing the Illiana Corridor Project. The states anticipate that a P3, in the form of a design-build-finance-operate-maintain (DBFOM) contract will be used, where responsibilities for designing, building, financing, operating, and maintaining are bundled together and transferred to private sector partners. There are a wide variety of DBFOM agreements, especially in the degree to which financial responsibilities and risks are actually transferred to the private sector. All DBFOM projects are partly financed by concessionaire debt, which can be partially or fully backed by new revenue streams generated by the project. Toll revenues from the Illiana Corridor will be used to pay availability payments to the concessionaire. The use of tolls is consistent with the CMAP GO TO 2040 Plan user pays goal. Toll revenues are often supplemented by public sector subsidies in the form of upfront construction payments, right-of-way acquisition, or through payments made to the concessionaire during the operating period based on availability and overall performance of the facility (availability payments).

A. Alternative Funding and Financing Sources Based on the established project implementation timeframe (open to traffic in 2018), and given the limited availability of public funds within IDOTs multi-year programs, alternative funding sources will need to be pursued in financing the Illiana Corridor Project. Alternative funding sources may include, but are not necessarily limited to: Private financing through a P3, with toll revenues providing one of the sources of funds for

IDOT payments to the private partner Public-sponsored tolling (via authorities that now exist under both Indiana law and Illinois

law)

6

Potential development-related private financial participation Other dedicated state and local funding sources, such as transportation-related fees or

other revenue measures In addition to these alternative funding sources, the financing approaches to be considered in conjunction with P3s include: Federally-supported borrowing such as via the Transportation Infrastructure Finance and

Innovation Act ("TIFIA") program Private activity bonds ("PABs") as part of a public-private partnership approach Equity investment by investors. These and any other appropriate financing approaches will be considered to meet the cash flow demands of the Illiana Corridor, and the ability to generate cost savings and/or expedited project delivery. In recognition of these financial conditions, Illinois and Indiana signed a MOU in June 2010 concerning their mutual objective to investigate all options available to finance the Illiana Corridor as a P3. Both states also previously passed enabling legislation to allow for P3 agreements between Illinois and Indiana and one or more private entities to design, build, finance, operate, and maintain the Illiana Corridor. A well-structured P3 agreement can reduce demands on constrained public budgets, help ensure timely project delivery, as well as result in lower life-cycle costs of the project in the long run in case a long-term concession agreement is considered. The inclusion of funding for preliminary engineering in their current respective programs, the MOU, and the P3 legislation demonstrate the intent of the states to use tolling as a delivery mechanism and to provide some portion of financing for the Illiana Corridor. An additional consideration is the importance of demonstrating financial commitment in order for the MPOs to adopt the Illiana Corridor into their fiscally constrained plans. Net Project Revenues from Tolling. IDOT and INDOT estimated toll rates for the Illiana Corridor Project based on revenue maximization; the actual toll rates may vary depending on toll policy; commercial delivery approach; and concessionaires terms, conditions, and proposals. Conservative assumptions for traffic retention of 30% to 60% under a tolled traffic scenario were used. Significant additional analytical effort is underway and will continue to be carried out by the states and appropriate advisors, to develop further both the potential tolling scenarios and associated revenue estimates. Key assumptions, for the limited purpose of this narrow demonstration exercise, include: Tolled facilities and timing The current estimate is based only on a single scenario: tolling

the Illiana Corridor once it is open to traffic, anticipated to be in 2018. Other scenarios are currently under consideration as well. The scenario presented is a reasonably available funding approach for the limited purpose of the required fiscal constraint demonstration and is based on currently available information.

Allocation of operations and maintenance costs For the purpose of this demonstration, it is assumed that operations and maintenance costs, along with debt service, are included in

7

the concessionaires availability payments. These operations and maintenance cost estimates, including both toll fixed operations and routine facility operations and maintenance, are based on an analysis of existing Illinois and Indiana public and private toll road operations and best practice lifecycle cost assumptions.

Availability payments are assumed to include payment for the P3 concessionaires initial capital costs, financing costs, equity return, operations and maintenance costs, and long-term capital replacement costs for the project throughout the projected P3 concession term. While project toll revenues during the initial period of the Illiana are projected to be less than the annual availability payments, eventually projected toll revenue is forecasted to be greater than the annual availability payments. It is projected that the Illinois portion of total toll revenue will be in the range of $2.4 billion to $3.8 billion (year-of-expenditure/outturn/nominal) over the life of the P3 term assumed to be 2018-2053 (based upon high and low value of time sensitivities applied to the base traffic and revenue forecast and Moodys Chicago region CPI forecast). Over the life of the P3 term, on a year-of-expenditure basis, it is projected that in aggregate, the Illinois net toll revenue will exceed the availability payment costs. Additional State and Locally-Generated Revenues. The financing approaches to be considered include using a P3 structure to access the following: (i) federally-supported borrowing such as via the Transportation Infrastructure Finance and Innovation Act ("TIFIA") program, (ii) private activity bonds ("PABs"), and (iii) equity investment. These and any other appropriate financing approaches will be considered in the context of each state's overall transportation programs, the cash flow demands of the Project relative to these programs, and the ability to generate cost savings and/or expedited Project delivery. Indiana has a successful history of using a range of alternative funding sources and financing techniques for the development of their transportation infrastructure. Indiana maintained the 157-mile Indiana Toll Road connecting the Chicago Skyway with the Ohio Turnpike for 50 years, periodically using the proceeds of toll-revenue bonds for necessary expansion and maintenance projects. In 2006, Indiana completed a successful public private partnership transaction with a private concessionaire involving the Indiana Toll Road. Illinois is poised to equal Indianas strong record in wielding alternative funding sources and financing techniques to deliver future transportation infrastructure. B. Conventional State and Federal Sources Implementation of the Illiana Corridor may also utilize a combination of traditional (federal, state and local intergovernmental grants) and alternative and innovative financing techniques that will be fully evaluated as part of the project financial plan to be developed for the selected alternative. With the stated implementation timeframe for the Illiana project, the Governors of both states have indicated their states commitment to investigating any and all options to deliver the Illiana Corridor in the most rapid and cost-effective manner possible.

8

Both Illinois and Indiana have historically used federal-aid resources for project implementation that are matched by state funds. Illinois and Indiana have also secured federal discretionary funding from the Highway Trust Fund and General Appropriations for major transportation projects. Both states will continue to identify and, as appropriate, pursue potential additional federal discretionary funds for the Illiana Corridor. This may include funds made available under future U.S. Department of Transportation's TIGER (Transportation Investment Generating Economic Recovery) discretionary grant programs and additional federal transportation discretionary funds made available through reauthorization of the federal surface transportation program and other Congressional acts. These resources are not anticipated to be sufficient to meet the approximately $1 billion implementation cost for the Illinois portion of the project. With the stated implementation timeframe for the Illiana project, the Governors of both states have indicated their states commitment to investigating any and all options to deliver the Illiana project in the most rapid and cost-effective manner possible. In Illinois, the proposed IDOT multi-year program (Fiscal Year 2014-2019 Multi-Modal Transportation Improvement Program) includes $9.53 billion in federal, state and local funds that are designated for state and local highway improvements over six years. The funding in the IDOT multi-year program for the Illiana project is limited to $92.3 million for preliminary engineering, land acquisition, and P3 advisory services. In Indiana, the anticipated INDOT multi-year program, Fiscal Year 2014-2017 Statewide Transportation Improvement Program (STIP), based on the current adoption timeline, includes $6.77 billion in federal, state, and local funds to be designated for state and local highway improvements over four years. The anticipated funding in the INDOT multi-year program for the Illiana project includes $44.4 million for preliminary engineering, right-of-way, and construction. Implementation of the INDOT multi-year program, including funding for the Illiana project, requires amendment of the Transportation Improvement Program (TIP) by NIRPC, which is anticipated to occur during October December 2013, and then subsequent amendment of the STIP by INDOT which would follow during January March 2014. On this basis, both states have evaluated their multi-year programs and determined that traditional funding alone is inadequate for project implementation. Therefore, a combination of traditional and innovative funding and financing strategies, including tolling, will be required, with further analysis to be performed as part of the financial plan to be developed for the project. As such, project delivery with only federal, state, and local funding is an unreasonable alternative, and the use of tolling to finance a portion of the project cost is seen as the only viable method of project delivery, with the level of toll revenues depending on a number of factors including traffic volumes and tolling policy. Based on the current financial analysis and funding assumptions outlined herein, IDOT estimates that anywhere from $250 million to $300 million in Illinois state funds will be required to be invested during the construction of the Illiana (assumed to be 2015-2017) for land acquisition, utility relocations, and engineering. The Department may also invest up to $200 million in milestone payments in 2018 and 2019. Once the project is completed and toll

9

revenues are being collected, IDOT estimates that during the assumed operating period of 2018-2053 the net toll revenues collected will exceed the total project costs.

V. Summary of Potential Funding Sources and Financing Options Working together, IDOT and INDOT have prepared the above financial demonstration setting forth a range of funding levels that are "committed," "available," or "reasonably expected to be available" for the Illiana Corridor. Taken together, these funding categories and reasonable estimates for each demonstrate (a) that sufficient resources can be reasonably expected to be available to meet the project's estimated funding needs, and in timeframes that are consistent with the currently staged project implementation timeline and key open-to-traffic milestones, and (b) that all long range transportation plan-related fiscal constraint requirements are met. Sufficient funds are "available" and "committed" to the Illiana Corridor by the two state sponsors to meet the currently anticipated project costs for State Fiscal Years ("SFYs") 2014 and 2015. For Illinois, this commitment is in the form of their multi-year highway program that includes $70 million for land acquisition for the Illiana Corridor, and about $60 million allocated toward the planning study, P3 advisors, and surveys. As with most P3 projects, the State will also be advancing the utility relocations and construction oversight contracts. The State is also considering a milestone payment of approximately 10-20% of the project cost. This document describes the reasonably available funding sources and techniques that could be used in some combination to fully fund the project. For purposes of estimating levels of funding that might reasonably be expected to be available, this demonstration is premised on an assembly of reasonable representative estimates for each potential funding source on a year-of-expenditure basis. Taken together, this analysis demonstrates that the Illiana Corridor could be fully funded through a combination of funding sources.

Exhibit C Illinois Finance Authority Award Notice

Illinois Procurement Bulletin - IllinoisBID

http://www.purchase.state.il.us/...fNum=22033064&DocID=169344A5DD9949B986257CAC007BF151&view=viewNoticesClosedByAgency[4/23/2014 5:56:18 PM]

Reference Number22033064

SolicitationClosed

Addendum

Closed

Addendum

Closed

Award Notice

Closed

< td="">

Close

NoticeHelp

Identification

Reference Number: 22033064

Request ID:

Date First Offered 03/11/2014

Title: Rating Agency Solicitation

Agency Reference

Number:

140004

Agency: IFA - Illinois Finance Authority

Purchasing Agency: IFA - Illinois Finance Authority

Purchasing Agency SPO: Denise Hudson; Ximena Granda

Status: Closed

Overview

Description and Specifications:

The Illinois Finance Authority (IFA) is giving notice to award the contract to Fitch Ratingsand Standard & Poors Rating Services to obtain a preliminary rating opinion letter for aproposed Transportation Infrastructure Finance and Innovation Act loan associated with theIllinois portion of the Illiana Corridor project. The IFA makes no guarantee regarding theamount of work to be assigned to any Vendor, if any.

Key Information

Notice Type: Contract Award Notice

Published: 03/31/2014

Notice Expiration Date: 04/07/2014

Professional & Artistic: No

Small Business Set-Aside: No

Does this solicitation contain a

BEP

or DBE requirement?:

No

Does this solicitation contain a

Veteran requirement?:

No

Relevant Category: General Services

Total Amount of Award: $400,000.00 (Total Dollar Value Only/Includes Any Renewal

Options)

Estimated/Actual Value

Description:

Length of Initial Term: 24

Contract Begin Date: 04/01/2014

Contract End Date: 03/31/2016

Renewal Terms: 1

Bidder(s)

Illinois Procurement Bulletin - IllinoisBID

http://www.purchase.state.il.us/...fNum=22033064&DocID=169344A5DD9949B986257CAC007BF151&view=viewNoticesClosedByAgency[4/23/2014 5:56:18 PM]

Number of Responding Bidders: 4

Number of Unsuccessful Responsive

Bidders:

Total Number Awarded: 2

Listing of All Bidders/Offerors Considered But Not Selected:

*Kroll Bond Rating Agency, Inc.*Moody's Investors ServiceSource Selection: RFP

Vendor(s) Selected for Award

Vendor Name Amount of Award BEP Goal % DBE Goal %Standard & Poor's Rating Services $200,000.00 0% 0%

Fitch Ratings $200,000.00 0% 0%

Notice ContactName: Terrell Gholston

Street Address: 180 N. Stetson Suite 2555

City: Chicago

State: IL

Zip Code: 60601

Phone: 312.651.1331

Fax Number: 312.651.1350

EMail Address: [email protected]

Class Code

Class Codes: S240 Financial Services & Credit Reporting Services

Attachments

To download file(s), click on filename(s) located below. Not all Notices will have files to download.

File Attachments:

Exhibit D Greg Hinz, Secret State Study Dinged Illiana Finances, Crains

Chicago Business (Mar. 25, 2015)

3/25/2015 PrintStory

http://www.chicagobusiness.com/article/20150325/BLOGS02/150329895?template=printart 1/3

PrintStory PrintedfromChicagoBusiness.com

SecretstatestudydingedIllianafinancesByGregHinzMarch25,2015

AsGov.BruceRaunerconsiderswhethertofinallykillofftheproposedIllianaexpressway,thisisaquestionhemightwanttogetanswered:

WhydidexGov.PatQuinn'sadministration,amidanalloutrushtostampedethecontroversialroadwaythroughtofinalapprovallastyear,commissionasecret,$112,000studyofwhetherIllianafinanceswouldbesolidenoughtoqualityforabigfederalconstructionloan?

Andwhywasthatstudy,whichapparentlycamebacknegative,neverreleasedevennow,witheverybodyinSpringfieldwhoknowspassingthebucktosomeoneelse?

It'saprettysadstoryaboutthedrivethatwouldleaveIllinoistaxpayersliableforpayingmaybe$1billioninsubsidies.

Here'swhatI'vefoundout:

Inlate2013,facingabitterreelectioncampaign,TeamQuinnwentintooverdrivetowinapprovaloftheIlliana,whichwouldrunbetweenInterstate55inIllinoisandInterstate65inIndiana.Theroadhaditsdefenders,whoargueditwouldprovideabigboosttotheboomingwarehouseindustryinthesouthandsouthwestsuburbs,butothersconsidereditaboondoggledesignedtogetvotesandpoliticalsupport.

Infall2013,thestaffoftheChicagoMetropolitanAgencyforPlanning,thisregion'sofficialgatekeeperforfederaltransportationcash,concludedthattheroad,whichissupposedtobeapublicprivatepartnership,neverwouldpayforitself.ThatwouldleaveIllinoistaxpayersonthehookinamajorway.

ButQuinn'sDepartmentofTransportationstronglydisputedthat,sayinginpartthattheprojectwouldqualifyforabig,lowcostfederalloanundertheU.S.TransportationInfrastructureFinanceandInnovationAct.

CMAP'sboardwasn'tswayedandopposedapprovingtheroad.Butitwasoverruledbyitspolicycommittee,whichgreenlightedtheprojectinOctober2013.

UnderCMAPrules,theprojecthadtobeapprovedagainlastyearanditagainwas,afteranotherbigfight.ThefedsgavetheroadfinalenvironmentalapprovalinSeptember2014.

NOTUPFORDISCUSSION

Butinbetween,somethingelsehappenedsomethingthatIDOTnevertalkedaboutandstilldoesn'twanttodiscuss.

ItaskedtheIllinoisFinanceAuthority,onitsbehalf,toaskFitchRatings,oneofthebigbondratingscompanies,tolookatwhethertheIlliananumberswouldbegoodenoughtoqualifyforaTIFIAloan.OutgoingIFAChairmanBillBrandtandagencyExecutiveDirectorChrisMeisterconfirmedthedealwithFitchand,inresponsetoanopenrecordsrequest,passedalongacopyofacontractyoucanreaditbelowthatauthorizespayingFitchupto$125,000forthefinancialreview.

Sowhathappened?

IDOTasrecentlyasthismorningissayingnothing.Itsspokesmantoldmeonly,"IwillgetbackwithyouassoonasI'mable."

BrandtconfirmedtheFitchratingwasnegative.MeisterreferredmetoIDOT,sayinghe'dreceivednowritten



reportfromFitchandwasn'tsurethathegotanoralone,either,butheconfirmedthat,onhisdesk,isan"initial"billfromFitchfor$112,500.

ButthefolksattheWillCountyCenterforEconomicDevelopmenthavetheanswer.

ThatgrouphasstronglybackedtheIlliana,andthefinancingmatterwas"somethingwewerefollowingveryclosely,"saidJohnGrueling,itspresidentandCEO.GruelingknewoftheFitchstudy,and,ashisgroupsaidinarecentreport(seepage4)toRaunerabouttheroad,"ThestatewasunabletoobtainaninvestmentgraderatingfromFitch."

Inotherwords:Thenumbersweren'tgood.

WHATSTUDY?

Now,youwouldthinkthatthatmighthavebeenofinteresttoCMAP,asitconsideredandreconsideredtheIlliana.ButitsspokesmanconfirmedtomethatitwasnottoldoftheFitchstudy.

CMAPdeclinedtocommentfurther.Theagencyissearchingforapermanentexecutivedirector.

OnesourcewhodidcommentisEnvironmentalLawandPolicyCenterchiefHowardLearner,whowithothergreenactivistshasstronglyopposedtheIlliana.

"IDOTwashidingtheball,"Learnersaid."IDOTkeptsaying,'Wehaveawaytomakethenumberwork.Justwaituntilthebidscomein.'Well,ifthebondratingagenciesaren'tlikelytosignoffonthebonds,it'snotverylikelytherearegoingtobemany(private)bidders"tobuildandoperatetheroad.

Afterallthisnonsense,it'stimeforsomesensibledecisions.Gov.Rauner,asyoustruggletobalanceyournewbudget,youcanstartbytellinguswhatFitchapparentlyconcluded:Illinoiscan'taffordthisroad.

1p.m.update:

IDOTsspokesmannowconfirmstheagencygotanegative"oral"reportfromFitchlastyear,buthe'snotsayingmuchmore.

Fromastatement:

"FitchRatingsdidinformIDOTadvisersverballythatthefinancingplanbeingpursuedbythepreviousadministrationlikelywouldnotreceiveafavorablerating.Aspartofitsongoingreviewoftheprojectwiththegovernorsoffice,IDOTcontinuestoexplorethepotentialfinancialarrangementsandrisks.TheagreementwithFitchRatingsremainsopenandpotentiallypartoftheongoingreviewprocess."

Iveaskedforsomedetailslikewhogotthereport,exactlywhatitsaid,whethertherewasanywrittenbackupmaterial,etc.IllletyouknowifandwhenIgetananswer.

Meanwhile,itmightbeniceifsomeonecouldshowtaxpayersexactlywhattheygotfortheir$112Kandcounting.

FitchContract



SHOWMEMORELIKEFITCHCONTRACTSIMILARTOFITCHCONTRACTBACKTODOCMorefromAnnRWeilerPrevious|NextIllianaExpresswayDrivingGrowthAnnRWeilerOurKindofTownreportAnnRWeilerOurKindofTownreportAnnRWeilerInviteAnnRWeilerBoardofGovernorsoftheFederalReserveSystemAnnRWeilerUntouchablelawsuitAnnRWeilerSummaryofEmanuelAdministrationApprovedTIFProjectsAnnRWeiler2015312MemoOpinionandOrderAnnRWeilerReportFY2016IllinoisRoadmapAnnRWeilerAld.BrookinsMailAnnRWeiler

Exhibit E Editorial: Illiana Findings Disappoint, then Disappear, Chicago

Tribune (Apr. 2, 2015)

Exhibit F Executive Order 15-08

Exhibit G US Census Bureau, State & County QuickFacts: Will County,

Illinois (Mar. 24, 2015)

4/8/2015 WillCountyQuickFactsfromtheUSCensusBureau

http://quickfacts.census.gov/qfd/states/17/17197.html 1/2

Search

||||

State&CountyQuickFacts

Trythetodayandtelluswhatyouthink!

WillCounty,Illinois PeopleQuickFacts WillCounty IllinoisPopulation,2014estimate 685,419 12,880,580Population,2013estimate 683,708 12,890,552Population,2010(April1)estimatesbase 677,560 12,831,587Population,percentchangeApril1,2010toJuly1,2014 1.2% 0.4%Population,percentchangeApril1,2010toJuly1,2013 0.9% 0.5%Population,2010 677,560 12,830,632Personsunder5years,percent,2013 6.3% 6.2%Personsunder18years,percent,2013 27.2% 23.5%Persons65yearsandover,percent,2013 10.7% 13.5%Femalepersons,percent,2013 50.3% 50.9%

Whitealone,percent,2013(a) 81.0% 77.7%BlackorAfricanAmericanalone,percent,2013(a) 11.6% 14.7%AmericanIndianandAlaskaNativealone,percent,2013(a) 0.4% 0.6%Asianalone,percent,2013(a) 5.1% 5.1%NativeHawaiianandOtherPacificIslanderalone,percent,2013(a) 0.1% 0.1%TwoorMoreRaces,percent,2013 1.7% 1.8%HispanicorLatino,percent,2013(b) 16.3% 16.5%Whitealone,notHispanicorLatino,percent,2013 65.9% 62.7%

Livinginsamehouse1year&over,percent,20092013 91.3% 86.8%Foreignbornpersons,percent,20092013 11.7% 13.8%LanguageotherthanEnglishspokenathome,pctage5+,20092013 19.9% 22.3%Highschoolgraduateorhigher,percentofpersonsage25+,20092013 90.5% 87.3%Bachelor'sdegreeorhigher,percentofpersonsage25+,20092013 32.3% 31.4%Veterans,20092013 34,224 727,919Meantraveltimetowork(minutes),workersage16+,20092013 32.8 28.0Housingunits,2013 238,653 5,289,423Homeownershiprate,20092013 82.9% 67.5%Housingunitsinmultiunitstructures,percent,20092013 12.3% 32.9%Medianvalueofowneroccupiedhousingunits,20092013 $219,400 $182,300Households,20092013 222,652 4,772,723Personsperhousehold,20092013 3.02 2.63Percapitamoneyincomeinpast12months(2013dollars),20092013 $30,377 $29,666Medianhouseholdincome,20092013 $76,147 $56,797

Personsbelowpovertylevel,percent,20092013 8.0% 14.1% BusinessQuickFacts WillCounty IllinoisPrivatenonfarmestablishments,2012 14,142 314,1991

Privatenonfarmemployment,2012 196,095 5,119,8261

Privatenonfarmemployment,percentchange,20112012 4.8% 1.6%1

Nonemployerestablishments,2012 43,336 921,272Totalnumberoffirms,2007 53,097 1,123,817Blackownedfirms,percent,2007 6.9% 9.5%AmericanIndianandAlaskaNativeownedfirms,percent,2007 S 0.5%Asianownedfirms,percent,2007 5.2% 5.3%

TopicsPopulation,Economy

GeographyMaps,GeographicData

LibraryInfographics,Publications

DataTools,Developers

AbouttheBureauResearch,Surveys

NewsroomNews,Events,Blogs

4/8/2015 WillCountyQuickFactsfromtheUSCensusBureau

http://quickfacts.census.gov/qfd/states/17/17197.html 2/2

ABOUTUS FINDDATA BUSINESS&INDUSTRY PEOPLE&HOUSEHOLDS SPECIALTOPICS NEWSROOM

NativeHawaiianandOtherPacificIslanderownedfirms,percent,2007 F 0.1%Hispanicownedfirms,percent,2007 5.3% 5.0%Womenownedfirms,percent,2007 29.4% 30.5%

Manufacturersshipments,2007($1000) 13,628,202 257,760,713Merchantwholesalersales,2007($1000) 11,061,791 231,082,768Retailsales,2007($1000) 6,841,452 165,450,520Retailsalespercapita,2007 $10,211 $12,947Accommodationandfoodservicessales,2007($1000) 1,404,940 25,469,026Buildingpermits,2013 977 15,545

GeographyQuickFacts WillCounty IllinoisLandareainsquaremiles,2010 836.91 55,518.93Personspersquaremile,2010 809.6 231.1FIPSCode 197 17MetropolitanorMicropolitanStatisticalArea Chicago

NapervilleElgin,ILIN

WIMetroArea

1:Includesdatanotdistributedbycounty.

(a)Includespersonsreportingonlyonerace.(b)Hispanicsmaybeofanyrace,soalsoareincludedinapplicableracecategories.

D:SuppressedtoavoiddisclosureofconfidentialinformationF:Fewerthan25firmsFN:FootnoteonthisitemforthisareainplaceofdataNA:NotavailableS:SuppresseddoesnotmeetpublicationstandardsX:NotapplicableZ:Valuegreaterthanzerobutlessthanhalfunitofmeasureshown

SourceU.S.CensusBureau:StateandCountyQuickFacts.DataderivedfromPopulationEstimates,AmericanCommunitySurvey,CensusofPopulationandHousing,StateandCountyHousingUnitEstimates,CountyBusinessPatterns,NonemployerStatistics,EconomicCensus,SurveyofBusinessOwners,BuildingPermitsLastRevised:Tuesday,31Mar201517:54:19EDT

||||

Exhibit H Mary Ellen Podmolik, Will County Leads the County in Population

Shift, Chicago Tribune (Mar. 26, 2015)

Exhibit I CMAP, Population Forecast, available

at http://www.cmap.illinois.gov/data/demographics/population-forecast

CMAP

About Livability Mobility Economy Data Programs & Resources Contact Us

Questions or comments? Contact Jon Hallas)%(0+&$((/),%((%*+%/#+2.

Population Forecast

The Chicago Metropolitan Agency for Planning 2040 Forecast of Population, Households andEmployment was developed in support of the GO TO 2040 +10zx|xcomprehensiveregional plan adopted in October 2010. GO TO 2040 was updated in accordance with federallaw in October 2014, with an adjusted forecast.

The primary function of these data is to serve as an input for CMAP transportation modeling 00.*/,+.00%+*)+ !(%*#activities, which are an important component in air qualityconformity )+%(%05.+ /+*"+.)%05*(5/%/evaluations of the region's TransportationImprovement Program (TIP).,.+#.)/* .!/+1.!/0%,

The GO TO 2040 forecast was developed through the creation of a "reference scenario" basedon current population and land use trends. Mathematical modeling techniques were thenemployed to evaluate how the distribution of population and employment would change inresponse to different planning strategies that might heighten or dampen the amount ofsocioeconomic activity within a given area. The data in this forecast reflect the CMAPPreferred Regional Scenario+10zx|x/1,,+.0%*#)0!.%(/,.+!//.$%2!/!*.%+!2(10%+*,.!"!..! .!#%+*(/!*.%+, which was developed in part through a series ofInvent the Future +10zx|x/1,,+.0%*#)0!.%(/,.+!//.$%2!/!*.%+!2(10%+*%*2!*0workshops held throughout the region between May and September 2009.

This adjusted forecast, released with the GO TO 2040 plan update in October 2014, appliesofficial 2010 population and employment totals to correct for base-year overestimates in theoriginal forecast; localized growth projections were also modified to reflect updated land useand development assumptions. See Socioeconomic Forecast Update Overview (link below) formore information.

The table below (revised October 2014) summarizes the expected outcomes of the GO TO2040 Preferred Scenario in comparison to base-year (2010) conditions. These data are usedfor a variety of regional land use and transportation planning efforts.

Associated Files to Download

Excel spreadsheet +1)!*0/yxyxy{{y{zx|x(*, 0!+,),+.!/01)).5(!yxyyy|4(/4y z~!!x||~z""yx~!"| ~(132 Kb, revised October 2014)containing 2040 forecast summaries of population, households and employment by county,township and municipality. Note that the 2010 data presented in this spreadsheet aresubzone-level aggregations, and not direct Census figures. Selected 2010 Census SF1 resultsfor CMAP Counties, County Subdivisions (Townships), and Places can be found here +1)!*0/yxyxy{{y{!*/1/zxyxy+0(/+1*05(!xyyyz4(/4~ {yyy{

|xy|yxz}|{z (Excel, 265 Kb).

The PDF maps below provide a graphic depiction of the municipalities and townships thatsubzones were assigned to for generation of municipal/township forecast totals. Please beaware that these subzone aggregations were created for tabulation purposes only, and are notintended to suggest or predict the future extent of any community.

Municipal subzone assignment map +1)!*0/yxyxy{{y{zx|x+.!/016+*!0+1*%00.%yzzxyx"%*(, ""~y!y!zx! |{{ {!!|z|yy""(PDF, 8 MB)

Township subzone assignment map +1)!*0/yxyxy{{y{zx|x+.!/016+*!0++3*/$%,yzzxyx"%*(, " ~xxx |~yx}~zy!|y!~(PDF, 6 MB)

The GIS shapefile +1)!*0/yxyxy{{y{zx|x+.!/0516+*!yxyxzxy|6%,"y"x!~y|xz!{|{~"}!~| (2 MB zipped, 9 MB uncompressed; revisedOctober 2014) represents CMAP subzones with 2010 and 2040 (projected) population and

employment. Subzone-level forecast data are the result of modeling procedures whichmathematically express policies reflected in the GO TO 2040 Preferred Scenario; as such, theycannot be considered precise at any specific (subzone) location. These data are onlyappropriate for planning purposes when aggregated to larger areas.

Socioeconomic Forecast Update Overview +1)!*0/yxyx{{z|z, 0!+%+!+*+)%+.!/0, "|y |xx zyy|~{|y

|xzz x{z: An appendix to the GO TO 2040 Plan Update describing the processesinvolved in developing the updated forecast. (PDF, 18MB)

Socioeconomic Validation and Forecasting Method +1)!*0/yxyxy{{y{zx|x+(% 0%+*xyzxyy"%*(, " {{y~x!z}~| {!y!x{}{}!z: A primer on the methodsused to develop datasets representing population and employment for long range planstrategy analyses and preferred scenario modeling for the original GO TO 2040 forecast. Thisdocument is in two sections: Base Conditions describes the efforts involved in developing anestimate of 2010 population and employment prior to the release of official figures. While theupdated forecast replaces these estimates with official figures, this section and associatedappendices will serve as a useful guide to others facing a similar task. Forecasting UrbanActivity outlines the approach taken for developing the 2040 forecast, and is the foundationon which the current (October 2014) forecast is based. (PDF, 2.5MB)

Users of these forecasts should adhere to CMAP's Forecasting Principles +1)!*0/yxyxy{{y{+.!/0.%*%,(!/yxy~yz, "x |{y|!x{x}

"{}}x when preparing analyses related to GO TO 2040 implementation.

If you have questions regarding any of these documents, please contact us [email protected])%(0+%*"+),%((%*+%/#+2.

Terms & Conditions (/about/terms-and-conditions) Careers (/about/careers) Sitemap (/sitemap) Contact Us (/contact-us)

2014 Chicago Metropolitan Agency for Planning

Illiana - Request to Reconsider ROD - 04.10.15Exhibits CombinedCover Sheets for ExhibitsEx. A - Forest Service LetterEx. B - IDOT Fiscal Constraint DemonstrationEx. C - IFA Award Noticewww.purchase.state.il.usIllinois Procurement Bulletin - IllinoisBID

Ex. D - Crain's ArticleEx. E - Chicago Trib - Illiana Findings DisappointEx. F - E.O. 15-08Ex. G - Will County QuickFacts from the US Census Bureau 2014Ex. H - Chicago Trib - Will CountyEx. I - CMAP Population Forecast

ELPC

Documents

Transcript of ELPC