Full Text of HB5078 103rd General Assembly
HB5078ham001 103RD GENERAL ASSEMBLY | Rep. Eva-Dina Delgado Filed: 3/20/2024 | | 10300HB5078ham001 | | LRB103 38280 AWJ 71087 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5078
| 2 | | AMENDMENT NO. ______. Amend House Bill 5078 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Regional Planning Act is amended by | 5 | | changing Sections 10, 15, 25, and 60 as follows: | 6 | | (70 ILCS 1707/10) | 7 | | Sec. 10. Definitions. | 8 | | "Board" means the Board of the Chicago Metropolitan Agency | 9 | | for Planning. | 10 | | "CMAP" means the Chicago Metropolitan Agency for Planning. | 11 | | "Chief elected county official" means the Board Chair | 12 | | Chairman in DuPage, Kane, Kendall, Lake, and McHenry Counties | 13 | | and the County Executive in Will County. | 14 | | "Fiscal year" means the fiscal year of the State. | 15 | | "IDOT" means the Illinois Department of Transportation. | 16 | | "MPO" means the metropolitan planning organization |
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| 1 | | designated under 23 U.S.C. 134. | 2 | | "Members" means the members of the Board. | 3 | | "Person" means an individual, partnership, firm, public or | 4 | | private corporation, State agency, transportation agency, or | 5 | | unit of local government. | 6 | | "Policy Committee" means the decision-making body of the | 7 | | MPO. | 8 | | "Region" or "northeastern Illinois region" means Cook, | 9 | | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. | 10 | | "State agency" means "agency" as defined in Section 1-20 | 11 | | of the Illinois Administrative Procedure Act. | 12 | | "Transportation agency" means the Regional Transportation | 13 | | Authority and its Service Boards; the Illinois Toll Highway | 14 | | Authority; the Illinois Department of Transportation; and the | 15 | | transportation functions of units of local government. | 16 | | "Unit of local government" means a unit of local | 17 | | government, as defined in Section 1 of Article VII of the | 18 | | Illinois Constitution, that is located within the jurisdiction | 19 | | and area of operation of the Board. | 20 | | "USDOT" means the United States Department of | 21 | | Transportation. | 22 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | 23 | | (70 ILCS 1707/15) | 24 | | Sec. 15. Chicago Metropolitan Agency for Planning; | 25 | | structure. |
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| 1 | | (a) The Chicago Metropolitan Agency for Planning is | 2 | | established as a political subdivision, body politic, and | 3 | | municipal corporation. The Board shall be responsible for | 4 | | developing and adopting a funding and implementation strategy | 5 | | for an integrated land use and transportation planning process | 6 | | for the northeastern Illinois region. | 7 | | (b) (Blank.) | 8 | | (c) The Board shall consist of 15 voting members as | 9 | | follows: | 10 | | (1) One member from DuPage County appointed | 11 | | cooperatively by the mayors of DuPage County and the chief | 12 | | elected county official of DuPage County. | 13 | | (2) One member representing both Kane and Kendall | 14 | | Counties appointed cooperatively by the mayors of Kane | 15 | | County and Kendall County and the chief elected county | 16 | | officials of Kane County and Kendall County. | 17 | | (3) One member from Lake County appointed | 18 | | cooperatively by the mayors of Lake County and the chief | 19 | | elected county official of Lake County. | 20 | | (4) One member from McHenry County appointed | 21 | | cooperatively by the mayors of McHenry County and the | 22 | | chief elected county official of McHenry County. | 23 | | (5) One member from Will County appointed | 24 | | cooperatively by the mayors of Will County and the chief | 25 | | elected county official of Will County. | 26 | | (6) Five members from the City of Chicago appointed by |
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| 1 | | the Mayor of the City of Chicago. | 2 | | (7) One member from that portion of Cook County | 3 | | outside of the City of Chicago appointed by the President | 4 | | of the Cook County Board of Commissioners. | 5 | | (8) Four members from that portion of Cook County | 6 | | outside of the City of Chicago appointed, with the consent | 7 | | of the President of the Cook County Board of | 8 | | Commissioners, as follows: | 9 | | (i) One by the mayors representing those | 10 | | communities in Cook County that are outside of the | 11 | | City of Chicago and north of Devon Avenue. | 12 | | (ii) One by the mayors representing those | 13 | | communities in Cook County that are outside of the | 14 | | City of Chicago, south of Devon Avenue, and north of | 15 | | Interstate 55, and in addition the Village of Summit. | 16 | | (iii) One by the mayors representing those | 17 | | communities in Cook County that are outside of the | 18 | | City of Chicago, south of Interstate 55, and west of | 19 | | Interstate 57, excluding the communities of Summit, | 20 | | Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | 21 | | Tinley Park. | 22 | | (iv) One by the mayors representing those | 23 | | communities in Cook County that are outside of the | 24 | | City of Chicago and east of Interstate 57, and, in | 25 | | addition, the communities of Dixmoor, Posen, Robbins, | 26 | | Midlothian, Oak Forest, and Tinley Park. |
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| 1 | | The terms of the members initially appointed to the Board | 2 | | shall begin within 60 days after this Act takes effect. | 3 | | (d) The CMAP Board may appoint non-voting members of the | 4 | | Board. | 5 | | (e) (Blank). (1) The CMAP Board shall create a Wastewater | 6 | | Committee with the responsibility of recommending directly to | 7 | | the Illinois Environmental Protection Agency (IEPA) the | 8 | | appropriateness of proposed requests for modifications and | 9 | | amendments to the established boundaries of wastewater | 10 | | facility planning areas, requests for the creation of new | 11 | | wastewater facility planning areas, requests for the | 12 | | elimination of existing wastewater facility planning areas, | 13 | | requests for new or expanded sewage treatment facilities, or | 14 | | any other amendments to the State of Illinois Water Quality | 15 | | Management Plan required under the federal Clean Water Act. | 16 | | The Chairmanship of the Wastewater Committee shall rotate | 17 | | every 24 months between the individuals described in | 18 | | subsections (e)(2)(iv) and (e)(2)(v) with the individual | 19 | | identified in subsection (e)(2)(v) serving as chairman for the | 20 | | initial 24-month period commencing on the effective date of | 21 | | this amendatory Act of the 95th General Assembly. | 22 | | (2) The Wastewater Committee shall consist of 5 | 23 | | members of the CMAP Board designated as follows: | 24 | | (i) One member of the Wastewater Committee shall | 25 | | be one of the CMAP Board members designated in | 26 | | subsection (c)(1) through (c)(5). |
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| 1 | | (ii) One member of the Wastewater Committee shall | 2 | | be one of the CMAP Board members designated in | 3 | | subsection (c)(6). | 4 | | (iii) One member of the Wastewater Committee shall | 5 | | be one of the CMAP Board members designated in | 6 | | subsection (c)(7) or (c)(8). | 7 | | (iv) One member of the Wastewater Committee shall | 8 | | be a person appointed by the President of the | 9 | | Metropolitan Water Reclamation District of Greater | 10 | | Chicago (and who does not need to serve on the CMAP | 11 | | Board). | 12 | | (v) One member of the Wastewater Committee shall | 13 | | be a person appointed by the President of the largest | 14 | | statewide association of wastewater agencies (and who | 15 | | does not need to serve on the CMAP Board). | 16 | | (3) Terms of the members of the Wastewater Committee | 17 | | shall be consistent with those identified in Section 25, | 18 | | except that the term of the member of the Wastewater | 19 | | Committee appointed by the President of the Metropolitan | 20 | | Water Reclamation District of Greater Chicago shall expire | 21 | | on July 1, 2009, and the term of the member of the | 22 | | Wastewater Committee appointed by the President of the | 23 | | largest statewide association of wastewater agencies shall | 24 | | expire on July 1, 2009. | 25 | | (f) Concurrence of four-fifths of the Board members in | 26 | | office is necessary for the Board to take any action, except |
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| 1 | | for decisions with regard to contracts, excluding contracts | 2 | | pertaining to the employment of the Executive Director, | 3 | | grants, purchase agreements, and meeting minutes, which shall | 4 | | require a simple majority vote of the Board members in office | 5 | | With the exception of matters considered and recommended by | 6 | | the Wastewater Committee directly to the IEPA, which shall | 7 | | require only a concurrence of a simple majority of the | 8 | | Wastewater Committee members in office, concurrence of | 9 | | four-fifths of the Board members in office is necessary for | 10 | | the Board to take any action . | 11 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | 12 | | (70 ILCS 1707/25) | 13 | | Sec. 25. Operations. | 14 | | (a) Each appointing authority shall give notice of its | 15 | | Board appointments to each other appointing authority, to the | 16 | | Board, and to the Secretary of State. Within 30 days after his | 17 | | or her appointment and before entering upon the duties of the | 18 | | office, each Board member shall take and subscribe to the | 19 | | constitutional oath of office and file it with the Secretary | 20 | | of State. Board members shall hold office for a term of 4 years | 21 | | or until successors are appointed and qualified. The terms of | 22 | | the initial Board members shall expire as follows: | 23 | | (1) The terms of the member from DuPage County and the | 24 | | member representing both Kane and Kendall Counties shall | 25 | | expire on July 1, 2007. |
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| 1 | | (2) The terms of those members from Lake, McHenry, and | 2 | | Will Counties shall expire on July 1, 2009. | 3 | | (3) As designated at the time of appointment, the | 4 | | terms of 2 members from the City of Chicago shall expire on | 5 | | July 1, 2007 and the terms of 3 members from the City of | 6 | | Chicago shall expire on July 1, 2009. | 7 | | (4) The term of the member appointed by the President | 8 | | of the Cook County Board of Commissioners shall expire on | 9 | | July 1, 2007. | 10 | | (5) The terms of those members appointed, with the | 11 | | consent of the President of the Cook County Board of | 12 | | Commissioners, by the mayors representing those | 13 | | communities in Cook County that are outside of the City of | 14 | | Chicago and north of Devon Avenue shall expire on July 1, | 15 | | 2007. | 16 | | (6) The terms of those members appointed, with the | 17 | | consent of the President of the Cook County Board of | 18 | | Commissioners, by the mayors representing those | 19 | | communities in Cook County that are outside of the City of | 20 | | Chicago, south of Interstate 55, and west of Interstate | 21 | | 57, excluding the communities of Summit, Dixmoor, Posen, | 22 | | Robbins, Midlothian, Oak Forest, and Tinley Park, shall | 23 | | expire on July 1, 2007. | 24 | | (7) The terms of those members appointed, with the | 25 | | consent of the President of the Cook County Board of | 26 | | Commissioners, by the mayor representing those communities |
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| 1 | | in Cook County that are outside of the City of Chicago, | 2 | | south of Devon Avenue, and north of Interstate 55, and, in | 3 | | addition, the Village of Summit, shall expire on July 1, | 4 | | 2009. | 5 | | (8) The terms of those members appointed, with the | 6 | | consent of the President of the Cook County Board of | 7 | | Commissioners, by the mayors representing those | 8 | | communities in Cook County that are outside of the City of | 9 | | Chicago and east of Interstate 57, and, in addition, the | 10 | | communities of Dixmoor, Posen, Robbins, Midlothian, Oak | 11 | | Forest, and Tinley Park, shall expire on July 1, 2009. | 12 | | (b) If a vacancy occurs, the appropriate appointing | 13 | | authority shall fill the vacancy by an appointment for the | 14 | | unexpired term. Board members shall receive no compensation, | 15 | | but shall be reimbursed for expenses incurred in the | 16 | | performance of their duties. | 17 | | (c) The Board shall be so appointed as to represent the | 18 | | City of Chicago, that part of Cook County outside the City of | 19 | | Chicago, and that part of the metropolitan region outside of | 20 | | Cook County on a one person man one vote basis. Within 6 months | 21 | | after the release of each certified federal decennial census, | 22 | | the Board shall review its composition and, if a change is | 23 | | necessary in order to comply with the representation | 24 | | requirements of this subsection (c), shall recommend the | 25 | | necessary revision for approval by the General Assembly. | 26 | | (d) Regular meetings of the Board shall be held at least |
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| 1 | | once in each calendar quarter. The time and place of Board | 2 | | meetings shall be fixed by resolution of the Board. Special | 3 | | meetings of the Board may be called by the chair chairman or a | 4 | | majority of the Board members. A written notice of the time and | 5 | | place of any special meeting shall be provided to all Board | 6 | | members at least 3 days prior to the date fixed for the | 7 | | meeting, except that if the time and place of a special meeting | 8 | | is fixed at a regular meeting at which all Board members are | 9 | | present, no such written notice is required. A majority of the | 10 | | Board members in office constitutes a quorum for the purpose | 11 | | of convening a meeting of the Board. | 12 | | (e) The meetings of the Board shall be held in compliance | 13 | | with the Open Meetings Act. The Board shall maintain records | 14 | | in accordance with the provisions of the State Records Act. | 15 | | (f) At its initial meeting and its first regular meeting | 16 | | after July 1 of each year thereafter, the Board from its | 17 | | membership shall appoint a chair chairman and may appoint vice | 18 | | chairs chairmen and shall provide the term and duties of those | 19 | | officers pursuant to its bylaws. Before entering upon duties | 20 | | of office, the chair chairman shall execute a bond with | 21 | | corporate sureties to be approved by the Board and shall file | 22 | | it with the principal office of the Board. The bond shall be | 23 | | payable to the Board in whatever penal sum may be directed and | 24 | | shall be conditioned upon the faithful performance of the | 25 | | duties of office and the payment of all money received by the | 26 | | chair chairman according to law and the orders of the Board. |
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| 1 | | The Board may appoint, from time to time, an executive | 2 | | committee and standing and ad hoc committees to assist in | 3 | | carrying out its responsibilities. | 4 | | (g) Open meetings of the Board shall be broadcast to the | 5 | | public and maintained in real-time on the Board's website | 6 | | using a high-speed Internet connection. Recordings of each | 7 | | meeting broadcast shall be posted to the Board's website | 8 | | within a reasonable time after the meeting and shall be | 9 | | maintained as public records to the extent practicable, as | 10 | | determined by the Board. Compliance with the provisions of | 11 | | this amendatory Act of the 100th General Assembly does not | 12 | | relieve the Board of its obligations under the Open Meetings | 13 | | Act. | 14 | | (Source: P.A. 100-479, eff. 1-1-18 .) | 15 | | (70 ILCS 1707/60) | 16 | | Sec. 60. Transportation decision-making. | 17 | | (a) The Policy Committee is the federally designated | 18 | | Metropolitan Planning Organization for the Chicago region | 19 | | under the requirements of federal regulations promulgated by | 20 | | USDOT. The Policy Committee shall approve all plans, reports, | 21 | | and programs required of an MPO, including the federally | 22 | | mandated Regional Transportation Plan, Transportation | 23 | | Improvement Program and Unified Work Program. | 24 | | (b) It is the intent of this Act that the transportation | 25 | | planning and investment decision-making process be fully |
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| 1 | | integrated into the regional planning process. | 2 | | (c) The Board, in cooperation with local governments and | 3 | | transportation providers, shall develop and adopt a process | 4 | | for making the transportation decisions that require final MPO | 5 | | approval pursuant to federal law. That process shall comply | 6 | | with all applicable federal requirements. The adopted process | 7 | | shall ensure that all MPO plans, reports, and programs shall | 8 | | be approved by the CMAP Board prior to final approval by the | 9 | | MPO. | 10 | | (d) The Board shall continue directly involving local | 11 | | elected officials in federal program allocation decisions for | 12 | | the Surface Transportation Program , and Congestion Mitigation | 13 | | and Air Quality funds , and any other federally suballocated | 14 | | funding as required by law and in addressing other regional | 15 | | transportation issues. | 16 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | 17 | | (70 ILCS 1707/63 rep.) | 18 | | (70 ILCS 1707/70 rep.) | 19 | | Section 10. The Regional Planning Act is amended by | 20 | | repealing Sections 63 and 70.". |
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