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Sen. Michael W. Halpin
Filed: 5/21/2025
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| 1 | | AMENDMENT TO HOUSE BILL 3493
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3493 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, except as |
| 9 | | otherwise provided in this Section, no ordinance or permitting |
| 10 | | requirement of a unit of local government shall be enforced |
| 11 | | against the construction, reconstruction, improvement, or |
| 12 | | installation of a State facility, other than an ordinance or |
| 13 | | permitting requirement that is (i) an ordinance or permitting |
| 14 | | requirement of a sanitary district or an ordinance or |
| 15 | | permitting requirement regulating a municipally-owned |
| 16 | | wastewater system and (ii) mandated by State or federal laws, |
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| 1 | | rules, or regulations or related to environmental protection, |
| 2 | | as supported by industry standards. |
| 3 | | Upon the Board's request, a sanitary district or unit of |
| 4 | | local government regulating a municipally-owned wastewater |
| 5 | | system must provide to the Board information that verifies |
| 6 | | that an ordinance or permitting requirement described in |
| 7 | | subsection (a) is mandated by State or federal laws, rules, or |
| 8 | | regulations or that an ordinance or permitting requirement |
| 9 | | described in subsection (a) related to environmental |
| 10 | | protection is supported by industry standards. |
| 11 | | (b) The Board shall coordinate with local utilities |
| 12 | | regarding utility connection requirements and procedures. |
| 13 | | (c) Before undertaking any activity involving the |
| 14 | | construction, reconstruction, improvement, or installation of |
| 15 | | any State facility, the Board shall coordinate and consult |
| 16 | | with the units of local government that are responsible for |
| 17 | | providing utility and fire protection services to that State |
| 18 | | facility in order to ensure that utility and fire protection |
| 19 | | services can be provided by the unit of local government to the |
| 20 | | State facility in the most effective manner. |
| 21 | | (d) Nothing in this Section shall relieve the Board from |
| 22 | | compliance with any State or federal mandate. This Section |
| 23 | | does not relieve the Board from the obligation to compensate |
| 24 | | units of local governments for fair and reasonable connection, |
| 25 | | restoration, or impact costs. |
| 26 | | (e) This Section applies to the construction, |
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| 1 | | reconstruction, improvement, and installation of State |
| 2 | | facilities that is ongoing on the effective date of this |
| 3 | | amendatory Act of the 104th General Assembly and to all |
| 4 | | projects that begin on or after the effective date of this |
| 5 | | amendatory Act of the 104th General Assembly. |
| 6 | | (f) This Section does not apply to a municipality with |
| 7 | | more than 500,000 inhabitants that has entered into one or |
| 8 | | more comprehensive or project-specific agreements with the |
| 9 | | Board establishing terms explicitly agreed upon as alternative |
| 10 | | or supplemental to this Section. Nothing in this Section shall |
| 11 | | prohibit those municipalities from regulating the use of the |
| 12 | | public right-of-way, including streets, sidewalks, and alleys, |
| 13 | | in connection with the construction, reconstruction, |
| 14 | | improvement, or installation of a State facility. In those |
| 15 | | municipalities, the Board shall comply with all applicable |
| 16 | | municipal regulations governing street closures, temporary |
| 17 | | traffic control, and pedestrian access in the same manner |
| 18 | | required of private entities. |
| 19 | | (g) A home rule unit may not regulate the construction, |
| 20 | | reconstruction, improvement, or installation of a State |
| 21 | | facility in a manner that is inconsistent with this Section. |
| 22 | | This Section is a limitation under subsection (i) of Section 6 |
| 23 | | of Article VII of the Illinois Constitution on the concurrent |
| 24 | | exercise by home rule units of powers and functions exercised |
| 25 | | by the State. |
| 26 | | (h) As used in this Section: |
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| 1 | | "Fair and reasonable connection, restoration, or impact |
| 2 | | costs" means demonstrated costs incurred by the unit of local |
| 3 | | government that (i) directly result from the Board's use of or |
| 4 | | impact on local infrastructure or (ii) are consistent with |
| 5 | | similar costs that are applied to non-governmental capital |
| 6 | | projects. |
| 7 | | "State facility" means any capital project under the |
| 8 | | authority of the Capital Development Board.". |