Public Act 103-0986
 
SB3389 EnrolledLRB103 37651 AWJ 67778 b

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