SB3608 EngrossedLRB103 38398 MXP 68533 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Capital Development Board Act is amended by
5adding Section 10.20 as follows:
 
6    (20 ILCS 3105/10.20 new)
7    Sec. 10.20. Local regulation of State facilities.
8    (a) Notwithstanding any other provision of law, no
9ordinance of a unit of local government shall be enforced
10against the construction, reconstruction, improvement, or
11installation of a State facility. A unit of local government
12shall not require payment of permitting fees or require permit
13inspections for the construction, reconstruction, improvement,
14or installation of any State facility.
15    (b) The Board shall, to the fullest extent practicable,
16coordinate with local utilities regarding utility connection
17requirements and procedures.
18    (c) Before undertaking any activity involving the
19construction, reconstruction, improvement, or installation of
20any State facility, the Board shall, to the fullest extent
21practicable, coordinate and consult with the units of local
22government that are responsible for providing fire protection
23services to that State facility in order to ensure that fire

 

 

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1protection services can be provided by the unit of local
2government to the State facility in the most effective manner.
3    (d) Nothing in this Section shall relieve the Board from
4compliance with any State or federal mandate. This Section
5does not relieve the Board from the obligation to compensate
6units of local governments for fair and reasonable connection
7or impact costs that (i) conform to industry standards or (ii)
8are consistent with similar costs that are applied to private,
9non-governmental capital projects.
10    (e) This Section applies to the construction,
11reconstruction, improvement and installation of State
12facilities that is ongoing on the effective date of this
13amendatory Act of the 103rd General Assembly and to all
14projects that begin on or after the effective date of this
15amendatory Act of the 103rd General Assembly.
16    (f) A home rule unit may not regulate the construction,
17reconstruction, improvement, or installation of a State
18facility in a manner that is inconsistent with this Section.
19This Section is a limitation under subsection (i) of Section 6
20of Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.
23    (g) As used in this Section:
24    "Fair and reasonable connection or impact costs" means
25demonstrated costs incurred by the unit of local government
26that directly result from the Board's use of or impact on local

 

 

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1infrastructure.
2    "State facility" means any capital project under the
3authority of the Capital Development Board.