Full Text of HB6848 93rd General Assembly
HB6848 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6848
Introduced 02/09/04, by Ricca Slone SYNOPSIS AS INTRODUCED: |
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20 ILCS 662/33 new |
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20 ILCS 3005/2.8 new |
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50 ILCS 15/1 |
from Ch. 85, par. 1021 |
55 ILCS 5/5-1130 new |
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Amends the Local Planning Technical Assistance Act. Requires the Department of Commerce and Economic Opportunity, through the Opportunity Returns Economic Development Regions established by the Governor, to designate certain units of local government and areas of the State as regional priority funding areas in which State infrastructure resources should be focused. Requires the Department to give preference to certain units of local government and areas of the State. Authorizes the Department to make grants to units of local government designated as, or within areas designated as, regional priority funding areas for the expansion or improvement of public infrastructure. Authorizes a unit of local government designated as, or within an area designated as, a regional priority funding area to impose reasonable impact fees on private developers for public infrastructure outlays and to share in infrastructure maintenance costs. Authorizes the Department to promulgate rules necessary to implement and administer these provisions. Amends the Governor's Office of Management and Budget Act. Provides that if a Department or Agency of the State has received negative interagency review comments or findings, then the Office must review those comments and findings before funding may be authorized for the proposed project or activity. Amends the Regional Planning Commission Act and the
Counties Code.
Authorizes
a county board to establish an
Intergovernmental
Cooperation Council to
develop and
recommend various plans for the coordination of land use, transportation, and
infrastructure.
Authorizes the Council to (i) serve as a county's regional planning commission,
(ii) recommend future municipal boundaries, and (iii) recommend an
intergovernmental
review process for land use and a voluntary, non-binding resolution process
for intergovernmental disputes over land use. Provides that a unit of local government in a county
that has established a Council and has met other qualifications shall be given
priority for State grants and State programs.
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A BILL FOR
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HB6848 |
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LRB093 21192 MKM 47275 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Local Planning Technical Assistance Act is | 5 |
| amended by adding Section 33 as follows: | 6 |
| (20 ILCS 662/33 new) | 7 |
| Sec. 33. Regional priority funding areas. | 8 |
| (a) The Department, through the Opportunity Returns | 9 |
| Economic Development Regions established by the Governor, | 10 |
| shall designate certain units of local government and areas of | 11 |
| the State as regional priority funding areas in which State | 12 |
| infrastructure resources should be focused. In designating | 13 |
| regional priority funding areas, preference shall be given to | 14 |
| (i) units of local government and areas where there is existing | 15 |
| public infrastructure, including, without limitation, sewers, | 16 |
| roads, street lighting and street signals, schools, and | 17 |
| emergency response systems, (ii) units of local government that | 18 |
| have adopted zoning ordinances or resolutions or other | 19 |
| ordinances or resolutions that promote compact development, | 20 |
| including, but not limited to, ordinances or resolutions that | 21 |
| reduce street widths, lot sizes, parking requirements, and | 22 |
| set-backs, and (iii) units of local government participating in | 23 |
| an Intergovernmental Cooperation Council established under | 24 |
| Section 5-1130 of the Counties Code. | 25 |
| (b) The Department, from funds appropriated for this | 26 |
| purpose, is authorized to make grants to units of local | 27 |
| government designated as, or within areas designated as, | 28 |
| regional priority funding areas for the expansion or | 29 |
| improvement of public infrastructure. | 30 |
| (c) A unit of local government that is, or that is within | 31 |
| an area that is, designated as a regional priority funding area | 32 |
| is authorized to impose reasonable impact fees on private |
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LRB093 21192 MKM 47275 b |
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| developers for all public infrastructure outlays and to share | 2 |
| in the maintenance costs for that infrastructure. | 3 |
| (d) The Department may promulgate rules necessary to | 4 |
| implement and administer this Section.
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| Section 10. The Governor's Office of Management and Budget | 6 |
| Act is amended by adding Section 2.8 as follows: | 7 |
| (20 ILCS 3005/2.8 new) | 8 |
| Sec. 2.8. Authorization of funding for proposed projects or | 9 |
| activities; review of negative interagency review comments and | 10 |
| findings. If a Department or Agency of the State has conducted | 11 |
| an interagency review of a proposed project or activity and if | 12 |
| the Department or Agency has received negative comments or | 13 |
| findings as a result of that interagency review, then the | 14 |
| Office must review those comments and findings before funding | 15 |
| may be authorized for the proposed project or activity. | 16 |
| Section 15. The Regional Planning Commission Act is | 17 |
| amended by changing
Section 1 as follows:
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| (50 ILCS 15/1) (from Ch. 85, par. 1021)
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| Sec. 1. Governing bodies of counties, cities, or other | 20 |
| local
governmental units , when authorized by the Department of | 21 |
| Commerce and
Community Affairs, may cooperate with the | 22 |
| governing bodies of the
counties and cities or other governing | 23 |
| bodies of any adjoining state or
states in the creation of a | 24 |
| joint planning commission where such
cooperation has been | 25 |
| authorized by law by the adjoining state or states.
Such a | 26 |
| joint planning commission may be designated to be a regional or
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| metropolitan planning commission and shall have powers, duties | 28 |
| and
functions as authorized by "An Act to provide for regional | 29 |
| planning and
for the creation, organization and powers of | 30 |
| regional planning
commissions", approved June 25, 1929, as | 31 |
| heretofore or hereafter
amended, and, as agreed among the | 32 |
| governing bodies. Such a planning
commission shall be a legal |
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| entity for all purposes.
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| An Intergovernmental Cooperation Council created in | 3 |
| accordance with Section
5-1130 of the Counties Code may serve | 4 |
| as the planning commission if so
designated by the county board | 5 |
| as provided in that Section. | 6 |
| (Source: P.A. 81-1509; revised 12-6-03.)
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| Section 20. The Counties Code is amended by adding Section | 8 |
| 5-1130 as
follows:
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| (55 ILCS 5/5-1130 new)
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| Sec. 5-1130. Intergovernmental Cooperation Council.
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| (a) The purpose of this Section is to provide a framework | 12 |
| and incentives for
intergovernmental
cooperation for | 13 |
| development and implementation of coordinated land use,
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| transportation, and
infrastructure plans that reduce traffic | 15 |
| congestion, conserve land, provide
housing conveniently | 16 |
| accessible to jobs, and make the most efficient use of public | 17 |
| infrastructure investments.
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| (b) A county board may, by resolution, establish an | 19 |
| Intergovernmental
Cooperation Council
("Council") with its | 20 |
| membership consisting of the mayor of each municipality within | 21 |
| the county, up to 6 county board members, and such other | 22 |
| members as may
be
determined by the county and municipal | 23 |
| members. The county board
members
shall be appointed by the | 24 |
| chairman of the county board. Within 60 days after the | 25 |
| establishment of an Intergovernmental Cooperation Council in | 26 |
| accordance with this Section, the Council must notify the | 27 |
| Opportunity Returns Economic Development Region established by | 28 |
| the Governor of the establishment of the Council and the | 29 |
| identity of the Council members.
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| Each municipal
and county board representative shall be | 31 |
| entitled to a vote; the other members
shall be
nonvoting | 32 |
| members, unless authorized to vote by the unanimous consent of | 33 |
| the
voting members.
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| A municipality that is located in more than
one county may
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| choose, at the time of formation of the Council, to participate | 2 |
| in the Council
program of
either or both of the counties.
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| The Council shall adopt by-laws, by a majority vote of the | 4 |
| county and
municipal
members, to govern the functions of the | 5 |
| Council and its subcommittees.
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| Officers of the
Council shall include a chair and vice | 7 |
| chair, one of whom shall be a county
representative
and one a | 8 |
| municipal representative.
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| Principal duties of the Council, as
further described in
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| this Section, shall be (i) to develop coordinated land use, | 11 |
| transportation, and
infrastructure plans
and intergovernmental | 12 |
| Local Land Resource Management Plans that include the elements | 13 |
| required to be included in a comprehensive plan under Section | 14 |
| 25 of the Local Planning Technical Assistance Act and that | 15 |
| foster intergovernmental cooperation and (ii)
to direct | 16 |
| implementation and revision of the plans and procedures.
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| The Council may retain
planning, mediation, negotiation, | 18 |
| engineering, legal, and financial advisors
and
administrative
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| personnel, subject to the budgetary, purchasing, and personnel | 20 |
| policies of the
county.
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| The
Council shall meet at least quarterly and shall hold at | 22 |
| least one public
hearing during the
preparation of each plan.
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| (c) The county board may, by resolution, assign the | 24 |
| Intergovernmental
Cooperation Council to
serve as the county | 25 |
| regional planning commission as provided in Division 5-14
and | 26 |
| in the Regional Planning Commission Act.
In counties exercising | 27 |
| this option, the Council shall assume all the
duties and
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| responsibilities of the county regional planning commission | 29 |
| and the Local Land
Resource
Management Plan shall meet the | 30 |
| requirements of and serve as the county regional
plan as
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| provided in Section 5-14001.
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| (d) The Intergovernmental Cooperation Council shall have | 33 |
| the responsibility
to prepare, for
recommendation to the county | 34 |
| board, a Local Land Resource Management Plan
for all or | 35 |
| substantial portions of the county. The Local Land
Resource
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| Management Plan shall, to the greatest extent practical, |
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| include coordinated
land use,
transportation, and | 2 |
| infrastructure plans and encourage development and
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| redevelopment patterns
that reduce traffic congestion, support | 4 |
| transit, conserve land, protect natural
resources,
provide | 5 |
| housing conveniently accessible to jobs, and
make the most
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| efficient use of public infrastructure investments. The Local | 7 |
| Land Resource
Management
Plan should incorporate (i) municipal | 8 |
| and intergovernmental plans and other
countywide plans
and (ii) | 9 |
| the elements required to be included in a comprehensive plan | 10 |
| under Section 25 of the Local Planning Technical Assistance | 11 |
| Act, to the greatest extent practical.
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| (e) The Intergovernmental Cooperation Council may prepare, | 13 |
| for
recommendation to the county
board, a plan for projected | 14 |
| future municipal boundaries. The future municipal
boundaries
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| plan should indicate land that is reasonably compact and | 16 |
| contiguous to the
existing municipal
boundaries where a | 17 |
| particular municipality is better able and prepared than
other
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| municipalities to efficiently and effectively provide urban | 19 |
| services. The
plan for projected future municipal boundaries | 20 |
| should reflect the county's
responsibility to
manage growth, | 21 |
| protect natural resources, and preserve agricultural, forest,
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| recreational, and
wildlife management lands in territories | 23 |
| outside of current and future
municipal boundaries
in a manner | 24 |
| consistent with the Local Land Resource Management Plan.
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| (f) The Intergovernmental Cooperation Council may prepare, | 26 |
| for
recommendation to the county
board, a procedure for | 27 |
| intergovernmental cooperation that provides for:
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| (1) an
efficient and
timely process for | 29 |
| intergovernmental review of public and private land use,
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| development, and
transportation proposals with greater | 31 |
| than local impacts; and
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| (2) a voluntary
procedure for early
resolution of | 33 |
| intergovernmental disputes regarding public and private | 34 |
| land use,
development,
transportation, and annexation | 35 |
| actions, prior to administrative or judicial
hearings.
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| Public and private land use, development, and |
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| transportation proposals
with
greater than
local impact shall | 2 |
| require notification to interested governments, which shall
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| include, at a
minimum: (i) any local government with | 4 |
| jurisdiction over the property in question; (ii)
the county;
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| (iii) adjacent municipalities; (iv) the Metropolitan Planning | 6 |
| Organization or any other
regional
transportation agency; (v) | 7 |
| any regional planning agency established by State
law having
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| jurisdiction for the county; (vi) the Governor's Office of | 9 |
| Management and Budget; (vii) the Illinois Departments of | 10 |
| Transportation,
Natural Resources, Agriculture, and Commerce | 11 |
| and Economic Opportunity, and (viii) the Illinois | 12 |
| Environmental Protection Agency. It shall be
the
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| responsibility of the Intergovernmental Cooperation Council to | 14 |
| establish
definitions and
procedures for implementation of | 15 |
| this subsection. The notification requirement
shall extend to | 16 |
| any local development project that (i) receives
State funding | 17 |
| or
requires State regulatory approval and (ii) meets certain | 18 |
| threshold conditions
as to size and
probable impact as defined | 19 |
| by the Intergovernmental Cooperation Council.
Within 45 days
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| after notification, notified entities must prepare and submit | 21 |
| comments. The
sponsoring
government may hold a meeting with
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| interested parties
to discuss and seek resolution of issues | 23 |
| raised in the comments. Completion of
notification and | 24 |
| responsiveness to comments shall enhance the priority position | 25 |
| for State funding in
support of the
proposed project.
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| (g) An Intergovernmental Cooperation Council may develop a | 27 |
| procedure
providing for the
early voluntary resolution of | 28 |
| intergovernmental disputes. These procedures
shall allow
local | 29 |
| governmental entities to request the Council to review disputes | 30 |
| regarding
public and
private land use, development, | 31 |
| transportation, and annexation actions, prior to
seeking
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| administrative or judicial hearings. The Council shall review | 33 |
| actions only if
each party to the
dispute requests it. In | 34 |
| conducting the review, the Council shall provide each
party the
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| opportunity to present its case. In making its finding the | 36 |
| Council shall
determine whether the
proposed action on the part |
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| of the first party does in fact have a negative impact on
the | 2 |
| second party,
and if so, identify an appropriate mitigation or | 3 |
| alternative course of action.
In making its
decision, the | 4 |
| Council shall consider the adopted Local Land Resource | 5 |
| Management
Plan and
any other plans prepared by the Council. | 6 |
| The Council shall forward its written
findings to
the governing | 7 |
| body of each party. The findings of the Council shall be
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| non-binding and shall
in no case affect the ability of each | 9 |
| party to pursue other
administrative or judicial hearings,
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| unless otherwise agreed in writing by each party.
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| (h) In the preparation of its plans, the Intergovernmental | 12 |
| Cooperation
Council
shall coordinate
the planning process with | 13 |
| any regional or multi-county planning agency having
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| jurisdiction
for the county and shall coordinate with each | 15 |
| adjoining county to ensure that
recommended plans
and projects | 16 |
| have minimum adverse impacts. An adopted Local Land Resource
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| Management
Plan and any other plan prepared by the Council | 18 |
| shall identify steps taken to
coordinate the
development of | 19 |
| plan recommendations with adjoining counties and any regional | 20 |
| or
multi-county planning agency having jurisdiction for the | 21 |
| county.
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| (i) A unit of local government shall receive priority | 23 |
| consideration for
State
grants and other
State programs if the | 24 |
| affected unit of local government is located in a
county that | 25 |
| has: (i)
established an Intergovernmental Cooperation Council; | 26 |
| (ii) adopted a Local Land
Resource
Management Plan that has | 27 |
| been deemed to be "joint and compatible" by resolution
of the
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| affected unit of local government; and (iii)
established | 29 |
| procedures for intergovernmental
review.
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| (j) All plans developed and all priorities established in | 31 |
| accordance with this Section should be reviewed by the | 32 |
| Opportunity Returns Economic Development Regions established | 33 |
| by the Governor.
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| (k) The powers granted under this Section are in addition | 35 |
| to any other
powers granted under any other law.
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