Full Text of SB1906 93rd General Assembly
SB1906ham002 93RD GENERAL ASSEMBLY
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Rep. Ricca Slone
Filed: 5/19/2004
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| AMENDMENT TO SENATE BILL 1906
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| AMENDMENT NO. ______. Amend Senate Bill 1906, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Local Planning Technical Assistance Act is | 6 |
| amended by adding Sections 34 and 42 as follows: | 7 |
| (20 ILCS 662/34 new)
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| Sec. 34. Priority Funding Advisory Committee. | 9 |
| (a) The Priority Funding Advisory Committee is established | 10 |
| to develop detailed criteria for use by the Department, if the | 11 |
| Department is authorized to designate priority funding areas, | 12 |
| for designation of priority funding areas and for making | 13 |
| funding decisions for those areas. In developing these | 14 |
| criteria, the Committee may consider giving preference to (i) | 15 |
| areas where there is existing public infrastructure, (ii) units | 16 |
| of local government that have adopted zoning or other | 17 |
| ordinances that promote the compact and mixed-use development, | 18 |
| and (iii) units of local government that participate in an | 19 |
| Intergovernmental Cooperation Council established under | 20 |
| Section 5-1130 of the Counties Code. | 21 |
| (b) The committee shall consist of 19 members as follows: | 22 |
| (i) the Director, or his or her designee, of the following: the | 23 |
| Department of Natural Resources, the Environmental Protection | 24 |
| Agency, the Department of Agriculture, and the Governor's |
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| Office of Management and Budget; (ii) the Secretary of | 2 |
| Transportation, or his or her designee; (iii) the Chairman of | 3 |
| the Illinois Housing Development Authority, or his or her | 4 |
| designee; (iv) the Executive Director of the Capital | 5 |
| Development Board, or his or her designee; (v) the presiding | 6 |
| officer, or his or her designee, of the following: the Illinois | 7 |
| Association of Regional Councils, the Northeastern Illinois | 8 |
| Planning Commission, the Southwestern Illinois Metro Planning | 9 |
| Commission, the Illinois Municipal League, and the | 10 |
| Metropolitan Mayors Caucus; (vi) a representative of county | 11 |
| government from outside the boundaries of the Northeastern | 12 |
| Illinois Planning Commission and the Southwestern Illinois | 13 |
| Metro Planning Commission; (vii) one member of the General | 14 |
| Assembly appointed by each of the following: the Speaker of the | 15 |
| House, the House Minority Leader, the President of the Senate, | 16 |
| and the Senate Minority Leader; and (viii) 2 public members | 17 |
| appointed by the Governor. The Director of the Department of | 18 |
| Commerce and Economic Opportunity shall serve as the chair of | 19 |
| the committee. Ten members shall constitute a quorum. Members | 20 |
| of the committee are not entitled to compensation for their | 21 |
| services as members but are entitled to reimbursement for all | 22 |
| necessary expenses incurred in connection with the performance | 23 |
| of their duties as members. | 24 |
| (c) The committee shall conduct a minimum of 8 meetings and | 25 |
| shall report to the Governor and to the General Assembly within | 26 |
| 18 months of the effective date of this amendatory Act of the | 27 |
| 93rd General Assembly concerning its recommendations and a | 28 |
| timetable for implementing funding for priority funding areas | 29 |
| and Intergovernmental Cooperation Councils. | 30 |
| (20 ILCS 662/42 new) | 31 |
| Sec. 42. Local Planning Task Force.
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| (a) The Local Planning Task Force is hereby created. The | 33 |
| Task Force shall consist of the following members: (i) the |
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| Director of Commerce and Economic Opportunity, or his or her | 2 |
| designee, who shall serve as the chair of the Task Force; (ii) | 3 |
| the Secretary of Transportation, or his or her designee; (iii) | 4 |
| the Director of the Illinois Housing Development Authority, or | 5 |
| his or her designee; (iv) the Director of Natural Resources, or | 6 |
| his or designee; (v) the Director of the Environmental | 7 |
| Protection Agency, or his or her designee; and (vi) the | 8 |
| Director of Agriculture, or his or her designee. | 9 |
| (b) The Task Force shall meet at the call of the chair.
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| Meetings of the Task Force are subject to the Open Meetings | 11 |
| Act, and
the Task
Force must afford an opportunity for public | 12 |
| comment at each of its meetings. | 13 |
| (c) The Task Force shall: | 14 |
| (1) Identify existing State planning programs within | 15 |
| the State departments and agencies represented on the Task | 16 |
| Force. | 17 |
| (2) Recommend that the State departments or agencies | 18 |
| responsible for the identified programs adopt rules to | 19 |
| require those programs to comply with Section 25 of this | 20 |
| Act. | 21 |
| (3) Identify additional State resources to provide | 22 |
| local planning grants. | 23 |
| (4) Report to the General Assembly by December 31, 2004 | 24 |
| concerning the completion of the tasks required by this | 25 |
| Section.
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| Section 10. The Governor's Office of Management and Budget | 27 |
| Act is amended by adding Section 2.8 as follows: | 28 |
| (20 ILCS 3005/2.8 new) | 29 |
| Sec. 2.8. Authorization of funding for proposed projects or | 30 |
| activities; review of negative interagency review comments and | 31 |
| findings. If a Department or Agency of the State has conducted | 32 |
| an interagency review of a proposed project or activity and if |
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| the Department or Agency has received negative comments or | 2 |
| findings as a result of that interagency review, then the | 3 |
| Office must review those comments and findings before funding | 4 |
| may be authorized for the proposed project or activity. | 5 |
| Section 15. The Regional Planning Commission Act is | 6 |
| 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 | 9 |
| local
governmental units , when authorized by the Department of | 10 |
| Commerce and
Community Affairs, may cooperate with the | 11 |
| governing bodies of the
counties and cities or other governing | 12 |
| bodies of any adjoining state or
states in the creation of a | 13 |
| joint planning commission where such
cooperation has been | 14 |
| authorized by law by the adjoining state or states.
Such a | 15 |
| joint planning commission may be designated to be a regional or
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| metropolitan planning commission and shall have powers, duties | 17 |
| and
functions as authorized by "An Act to provide for regional | 18 |
| planning and
for the creation, organization and powers of | 19 |
| regional planning
commissions", approved June 25, 1929, as | 20 |
| heretofore or hereafter
amended, and, as agreed among the | 21 |
| governing bodies. Such a planning
commission shall be a legal | 22 |
| entity for all purposes.
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| An Intergovernmental Cooperation Council created in | 24 |
| accordance with Section
5-1130 of the Counties Code may serve | 25 |
| as the planning commission if so
designated by the county board | 26 |
| as provided in that Section. | 27 |
| (Source: P.A. 81-1509; revised 12-6-03.)
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| Section 20. The Counties Code is amended by adding Section | 29 |
| 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 | 3 |
| and incentives for
intergovernmental
cooperation for | 4 |
| development and implementation of coordinated land use,
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| transportation, and
infrastructure plans that reduce traffic | 6 |
| congestion, conserve land, provide
housing conveniently | 7 |
| accessible to jobs, and make the most efficient use of public | 8 |
| infrastructure investments.
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| (b) A county board may, by resolution, establish an | 10 |
| Intergovernmental
Cooperation Council
("Council") with its | 11 |
| membership consisting of the mayor of each municipality within | 12 |
| the county, up to 6 county board members, and such other | 13 |
| members as may
be
determined by the county and municipal | 14 |
| members, except that the number of county board members | 15 |
| appointed to the Council shall not exceed the number of mayors | 16 |
| appointed to the Council. The county board
members
shall be | 17 |
| appointed by the chairman of the county board. If the county | 18 |
| has an existing planning commission that was established by the | 19 |
| county board under the Regional Planning Commission Act or | 20 |
| under Division 5-14 of the Counties Code, then the county board | 21 |
| may designate that planning commission as the | 22 |
| Intergovernmental Cooperation Council for that county. If the | 23 |
| county is within the Northeastern Illinois Planning Commission | 24 |
| or the Southwestern Illinois Metro Planning Commission, then | 25 |
| the county board may designate that commission as the | 26 |
| Intergovernmental Cooperation Council for the county. | 27 |
| Within 60 days after the establishment of an | 28 |
| Intergovernmental Cooperation Council in accordance with this | 29 |
| Section, the Council must notify the Department of Commerce and | 30 |
| Economic Opportunity of the establishment of the Council and | 31 |
| the identity of the Council members.
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| Each municipal
and county board representative shall be | 33 |
| entitled to a vote; the other members
shall be
nonvoting | 34 |
| members, unless authorized to vote by the unanimous consent of |
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| 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 | 4 |
| 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 | 6 |
| county and
municipal
members, to govern the functions of the | 7 |
| Council and its subcommittees.
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| Officers of the
Council shall include a chair and vice | 9 |
| chair, one of whom shall be a county
representative
and one a | 10 |
| 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, | 13 |
| transportation, and
infrastructure plans
and intergovernmental | 14 |
| Local Land Resource Management Plans that address the elements | 15 |
| of a comprehensive plan under Section 25 of the Local Planning | 16 |
| Technical Assistance Act and that foster intergovernmental | 17 |
| cooperation and (ii)
to direct implementation and revision of | 18 |
| the plans and procedures. | 19 |
| The Council must coordinate all plans and activities with | 20 |
| any Economic Development Districts designated by the Economic | 21 |
| Development Administration Division of the U.S. Department of | 22 |
| Commerce that are within the county.
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| The Council may retain
planning, mediation, negotiation, | 24 |
| engineering, legal, and financial advisors
and
administrative
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| personnel, subject to the budgetary, purchasing, and personnel | 26 |
| policies of the
county.
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| The
Council shall meet at least quarterly and shall hold at | 28 |
| least one public
hearing during the
preparation of each plan.
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| (c) The county board may, by resolution, assign the | 30 |
| Intergovernmental
Cooperation Council to
serve as the county | 31 |
| planning commission as provided in Division 5-14
and in the | 32 |
| Regional Planning Commission Act.
In counties exercising this | 33 |
| option, the Council shall assume all the
duties and
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| responsibilities of the county planning commission and the |
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| Local Land
Resource
Management Plan shall meet the requirements | 2 |
| of and serve as the county
plan as
provided in Section 5-14001.
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| (d) The Intergovernmental Cooperation Council shall have | 4 |
| the responsibility
to prepare, for
recommendation to the county | 5 |
| board, a Local Land Resource Management Plan
for all or | 6 |
| substantial portions of the county. The Local Land
Resource
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| Management Plan shall, to the greatest extent practical, | 8 |
| include coordinated
land use,
transportation, and | 9 |
| infrastructure plans and encourage development and
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| redevelopment patterns
that reduce traffic congestion, support | 11 |
| transit, conserve land, protect natural
resources,
provide | 12 |
| housing conveniently accessible to jobs, and
make the most
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| efficient use of public infrastructure investments. The Local | 14 |
| Land Resource
Management
Plan should incorporate (i) municipal | 15 |
| and intergovernmental plans and other
countywide plans
and (ii) | 16 |
| the elements of a comprehensive plan under Section 25 of the | 17 |
| Local Planning Technical Assistance Act, to the greatest extent | 18 |
| practical.
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| (e) The Intergovernmental Cooperation Council may prepare, | 20 |
| for
recommendation to the county
board, a procedure for | 21 |
| intergovernmental cooperation that provides for:
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| (1) an
efficient and
timely process for | 23 |
| intergovernmental review of public and private land use,
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| development, and
transportation proposals with greater | 25 |
| than local impacts; and
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| (2) a voluntary
procedure for early
resolution of | 27 |
| intergovernmental disputes regarding public and private | 28 |
| land use,
development,
transportation, and annexation | 29 |
| actions, prior to administrative or judicial
hearings.
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| Public and private land use, development, and | 31 |
| transportation proposals
with
greater than
local impact shall | 32 |
| require notification to interested governments, which shall
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| include, at a
minimum: (i) any local government with | 34 |
| jurisdiction over the property in question; (ii)
the county;
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| (iii) adjacent municipalities; (iv) the Metropolitan Planning | 2 |
| Organization or any other
regional
transportation agency; and | 3 |
| (v) any regional planning agency established by State
law | 4 |
| having
jurisdiction for the county. It shall be
the
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| responsibility of the Intergovernmental Cooperation Council to | 6 |
| establish
definitions and
procedures for implementation of | 7 |
| this subsection. The notification requirement
shall extend to | 8 |
| any local development project that meets certain threshold | 9 |
| conditions
as to size and
probable impact as defined by the | 10 |
| Intergovernmental Cooperation Council.
Within 45 days
after | 11 |
| notification, notified entities must prepare and submit | 12 |
| comments. The
sponsoring
government may hold a meeting with
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| interested parties
to discuss and seek resolution of issues | 14 |
| raised in the comments. Completion of
notification and | 15 |
| responsiveness to comments shall enhance the priority position | 16 |
| for State funding in
support of the
proposed project.
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| (f) An Intergovernmental Cooperation Council may develop a | 18 |
| procedure
providing for the
early voluntary resolution of | 19 |
| intergovernmental disputes. These procedures
shall allow
local | 20 |
| governmental entities to request the Council to review disputes | 21 |
| regarding
public and
private land use, development, | 22 |
| transportation, and annexation actions, prior to
seeking
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| administrative or judicial hearings. The Council shall review | 24 |
| actions only if
each party to the
dispute requests it. In | 25 |
| conducting the review, the Council shall provide each
party the
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| opportunity to present its case. In making its finding the | 27 |
| Council shall
determine whether the
proposed action on the part | 28 |
| of the first party does in fact have a negative impact on
the | 29 |
| second party,
and if so, identify an appropriate mitigation or | 30 |
| alternative course of action.
In making its
decision, the | 31 |
| Council shall consider the adopted Local Land Resource | 32 |
| Management
Plan and
any other plans prepared by the Council. | 33 |
| The Council shall forward its written
findings to
the governing | 34 |
| 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 | 2 |
| party to pursue other
administrative or judicial hearings,
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| unless otherwise agreed in writing by each party.
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| (g) In the preparation of its plans, the Intergovernmental | 5 |
| Cooperation
Council
shall coordinate
the planning process with | 6 |
| any regional or multi-county planning agency having
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| jurisdiction
for the county and shall coordinate with each | 8 |
| adjoining county to ensure that
recommended plans
and projects | 9 |
| have minimum adverse impacts. An adopted Local Land Resource
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| Management
Plan and any other plan prepared by the Council | 11 |
| shall identify steps taken to
coordinate the
development of | 12 |
| plan recommendations with adjoining counties and any regional | 13 |
| or
multi-county planning agency having jurisdiction for the | 14 |
| county.
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| (h) A unit of local government shall receive priority | 16 |
| consideration for
State
grants and other
State programs if the | 17 |
| affected unit of local government is located in a
county that | 18 |
| has: (i)
established an Intergovernmental Cooperation Council; | 19 |
| (ii) adopted a Local Land
Resource
Management Plan that has | 20 |
| been deemed to be "joint and compatible" by resolution
of the
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| affected unit of local government; and (iii)
established | 22 |
| procedures for intergovernmental
review.
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| (i) The powers granted under this Section are in addition | 24 |
| to any other
powers granted under any other law.
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| Section 99. Effective date. This Act takes effect January | 26 |
| 1, 2006, except that Section 5 and this Section take effect | 27 |
| upon becoming law.".
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