Rep. Joyce Mason
Filed: 4/7/2025
 
 

 
 

 
10400HB3493ham001LRB104 10246 HLH 24995 a

1
AMENDMENT TO HOUSE BILL 3493

2    AMENDMENT NO. ______. Amend House Bill 3493 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Capital Development Board Act is amended 
5by adding Section 10.20 as follows:
 
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 
9ordinance or permitting requirement of a unit of local 
10government shall be enforced against the construction, 
11reconstruction, improvement, or installation of a State 
12facility, other than an ordinance or permitting requirement 
13that is (i) an ordinance or permitting requirement of a 
14sanitary district or an ordinance or permitting requirement 
15regulating a municipally-owned wastewater system and (ii) 
16mandated by State or federal laws, rules, or regulations or 
 
 
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1related to environmental protection, as supported by industry 
2standards. 
3    Upon the Board's' request, a sanitary district or unit of 
4local government regulating a municipally-owned wastewater 
5system must provide to the Board information that verifies 
6that an ordinance or permitting requirement described in 
7subsection (a) is mandated by State or federal laws, rules, or 
8regulations or that an ordinance or permitting requirement 
9described in subsection (a) related to environmental 
10protection is supported by industry standards. 
11    (b) The Board shall coordinate with local utilities 
12regarding utility connection requirements and procedures. 
13    (c) Before undertaking any activity involving the 
14construction, reconstruction, improvement, or installation of 
15any State facility, the Board shall coordinate and consult 
16with the units of local government that are responsible for 
17providing utility and fire protection services to that State 
18facility in order to ensure that utility and fire protection 
19services can be provided by the unit of local government to the 
20State facility in the most effective manner. 
21    (d) Nothing in this Section shall relieve the Board from 
22compliance with any State or federal mandate. This Section 
23does not relieve the Board from the obligation to compensate 
24units of local governments for fair and reasonable connection 
25or impact costs. 
26    (e) This Section applies to the construction, 
 
 
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1reconstruction, improvement and installation of State 
2facilities that is ongoing on the effective date of this 
3amendatory Act of the 104th General Assembly and to all 
4projects that begin on or after the effective date of this 
5amendatory Act of the 104th General Assembly. 
6    (f) A home rule unit may not regulate the construction, 
7reconstruction, improvement, or installation of a State 
8facility in a manner that is inconsistent with this Section. 
9This Section is a limitation under subsection (i) of Section 6 
10of Article VII of the Illinois Constitution on the concurrent 
11exercise by home rule units of powers and functions exercised 
12by the State. 
13    (g) As used in this Section:
14    "Fair and reasonable connection or impact costs" means 
15demonstrated costs incurred by the unit of local government 
16that (i) directly result from the Board's use of or impact on 
17local infrastructure or (ii) are consistent with similar costs 
18that are applied to non-governmental capital projects. 
19    "State facility" means any capital project under the 
20authority of the Capital Development Board.".