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Sen. Michael W. Halpin
Filed: 4/9/2024
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| 1 | | AMENDMENT TO SENATE BILL 3608
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3608 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Capital Development Board Act is amended |
| 5 | | by adding Section 10.20 as follows:
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| 6 | | (20 ILCS 3105/10.20 new) |
| 7 | | Sec. 10.20. Local regulation of State facilities. |
| 8 | | (a) Notwithstanding any other provision of law, no |
| 9 | | ordinance of a unit of local government shall be enforced |
| 10 | | against the construction, reconstruction, improvement, or |
| 11 | | installation of a State facility. A unit of local government |
| 12 | | shall not require payment of permitting fees or require permit |
| 13 | | inspections for the construction, reconstruction, improvement, |
| 14 | | or installation of any State facility. |
| 15 | | (b) The Board shall, to the fullest extent practicable, |
| 16 | | coordinate with local utilities regarding utility connection |
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| 1 | | requirements and procedures. |
| 2 | | (c) Before undertaking any activity involving the |
| 3 | | construction, reconstruction, improvement, or installation of |
| 4 | | any State facility, the Board shall, to the fullest extent |
| 5 | | practicable, coordinate and consult with the units of local |
| 6 | | government that are responsible for providing fire protection |
| 7 | | services to that State facility in order to ensure that fire |
| 8 | | protection services can be provided by the unit of local |
| 9 | | government to the State facility in the most effective manner. |
| 10 | | (d) Nothing in this Section shall relieve the Board from |
| 11 | | compliance with any State or federal mandate. This Section |
| 12 | | does not relieve the Board from the obligation to compensate |
| 13 | | units of local governments for fair and reasonable connection |
| 14 | | or impact costs that (i) conform to industry standards or (ii) |
| 15 | | are consistent with similar costs that are applied to private, |
| 16 | | non-governmental capital projects. |
| 17 | | (e) This Section applies to the construction, |
| 18 | | reconstruction, improvement and installation of State |
| 19 | | facilities that is ongoing on the effective date of this |
| 20 | | amendatory Act of the 103rd General Assembly and to all |
| 21 | | projects that begin on or after the effective date of this |
| 22 | | amendatory Act of the 103rd General Assembly. |
| 23 | | (f) A home rule unit may not regulate the construction, |
| 24 | | reconstruction, improvement, or installation of a State |
| 25 | | facility in a manner that is inconsistent with this Section. |
| 26 | | This Section is a limitation under subsection (i) of Section 6 |
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| 1 | | of Article VII of the Illinois Constitution on the concurrent |
| 2 | | exercise by home rule units of powers and functions exercised |
| 3 | | by the State. |
| 4 | | (g) As used in this Section: |
| 5 | | "Fair and reasonable connection or impact costs" means |
| 6 | | demonstrated costs incurred by the unit of local government |
| 7 | | that directly result from the Board's use of or impact on local |
| 8 | | infrastructure. |
| 9 | | "State facility" means any capital project under the |
| 10 | | authority of the Capital Development Board.". |