HB4638 103RD GENERAL ASSEMBLY

LRB103 35474 AWJ 65543 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4638

Introduced 1/31/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Parking Regulation Act. Provides that, except as otherwise provided in the Act, a unit of local government may not impose or enforce any minimum automobile parking requirements on a development project if the project is located within one-half mile of a public transportation hub. In addition to other listed exceptions and limitations, allows a unit of local government to impose or enforce minimum automobile parking requirements in a development project that is located within one-half mile of a public transportation hub if the unit makes written findings that not imposing or enforcing any minimum automobile parking requirements on the development project would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following circumstances: (1) the region's ability to meet its housing needs for low-income households and very low-income households; (2) the region's ability to meet its needs for elderly housing or housing for persons with disabilities; or (3) problems with existing residential parking or commercial parking within one-half mile of the development project. Limits the concurrent exercise of home rule powers. Defines terms. Effective June 1, 2024.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Parking Regulation Act.

Section 5. Definitions. As used in this Act:

"Commercial development project" means a development project that is undertaken for the development of land for commercial use.

"Development project" means a project undertaken for the purpose of development of land. "Development project" includes (i) a project involving the issuance of a permit for construction or reconstruction, (ii) a housing development project, or (iii) a commercial development project. "Development project" does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel.

"Efficiency living unit" has the meaning ascribed to that term in the 2018 International Building Code, Sixth Version (November 2021).

"Elderly housing", "low-income household", "moderate-income household", "multifamily housing", and "very low-income household" have the meanings ascribed to those terms in the Illinois Affordable Housing Act.

"Event center" means a building or collection of buildings that is used exclusively or primarily for the holding of exhibitions, conventions, meetings, spectacles, concerts, or shows.

"Housing development project" means a development project consisting of (i) residential units only, (ii) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, or (iii) transitional housing or supportive housing.

"Public transportation hub" means a rail transit station, a boat or ferry terminal served by either a bus connection stop or rail transit station, or a bus connection stop of 2 or more major bus routes with a frequency of bus service interval of 15 minutes or less during the morning and afternoon peak commute periods.

"Residential hotel" means any building containing 6 or more guest rooms or efficiency living units that is used or intended or designed to be used, rented, hired out, or occupied for sleeping purposes by guests and that is also the primary residence of those guests. "Residential hotel" does not include any building containing 6 or more guest rooms or efficiency living units primarily used by transient guests who do not occupy the building as their primary residence.

Section 10. Minimum automobile parking requirements prohibited. Except as otherwise provided in Sections 15 and 20, a unit of local government may not impose or enforce any minimum automobile parking requirements on a development project if the project is located within one-half mile of a public transportation hub.

Section 15. Allowed minimum automobile parking requirements.

(a) A unit of local government may impose or enforce minimum automobile parking requirements in a development project that is located within one-half mile of a public transportation hub if the unit of local government makes written findings within 30 days after the receipt of a completed site plan application and the written findings are supported by a preponderance of the evidence in the record evidencing that imposing or enforcing any minimum automobile parking requirements on the development project would have a substantially negative impact on any of the following circumstances:

(1) the region's ability to meet its housing needs for low-income households and very low-income households;

(2) the region's ability to meet its needs for elderly housing or housing for persons with disabilities; or

(3) existing residential or commercial parking within one-half mile of the development project.

(b) A unit of local government may impose or enforce minimum automobile parking requirements for a housing development project, notwithstanding the requirements of subsection (a), if the housing development project satisfies any one or more of the following circumstances:

(1) The housing development dedicates a minimum of 20% of the total number of housing units to very low-income households, low-income households, moderate-income households, students, the elderly, or persons with disabilities.

(2) The housing development contains fewer than 20 housing units.

(3) The housing development is subject to parking reductions based on the provisions of any other applicable law.

Section 20. Other exceptions and limitations to prohibited minimum automobile parking requirements.

(a) An event center may be required, by local ordinance, to provide minimum automobile parking for employees and other workers.

(b) This Act does not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of a public transportation hub for the purpose of providing (i) parking spaces to charge electric vehicles or (ii) parking spaces that are accessible to persons with disabilities and that would have otherwise be required if this Act did not apply.

(c) If a development project provides automobile parking voluntarily, a unit of local government may impose on the development project requirements for parking spaces to be made available for car share vehicles, for parking spaces to be shared with the public, or for parking spaces to be made available only for a fee. A unit of local government may not require voluntarily provided parking to be provided free of charge.

(d) Section 10 does not apply to minimum automobile parking requirements if it conflicts with a contractual agreement or approved site plan with the unit of local government that was executed or approved on or before the effective date of this Act. However, Section 10 applies to an amendment or extension to the contractual agreement or approved site plan if the amendment or extension increases automobile parking requirements.

(e) A development project may voluntarily build additional parking that is not shared with the public.

Section 90. Home rule. A home rule unit may not regulate minimum automobile parking requirements in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 95. Conflict with other laws. To the extent that this Act conflicts with any other provision of law, this Act controls.

Section 99. Effective date. This Act takes effect June 1, 2024.