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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Local Planning Technical Assistance Act is | ||||||
5 | amended by adding Section 33 as follows: | ||||||
6 | (20 ILCS 662/33 new) | ||||||
7 | Sec. 33. Regional priority funding areas. | ||||||
8 | (a) The Department, through the Opportunity Returns | ||||||
9 | Economic Development Regions established by the Governor, | ||||||
10 | shall designate certain units of local government and areas of | ||||||
11 | the State as regional priority funding areas in which State | ||||||
12 | infrastructure resources should be focused. These areas must be | ||||||
13 | certified by the Department to have completed and adopted a | ||||||
14 | comprehensive plan containing all elements defined in Section | ||||||
15 | 25 of this Act. In designating regional priority funding areas, | ||||||
16 | preference shall be given to (i) units of local government and | ||||||
17 | areas where there is existing public infrastructure, | ||||||
18 | including, without limitation, sewers, roads, street lighting | ||||||
19 | and street signals, schools, and emergency response systems, | ||||||
20 | (ii) units of local government that have adopted zoning | ||||||
21 | ordinances or resolutions or other ordinances or resolutions | ||||||
22 | that promote compact development, including, but not limited | ||||||
23 | to, ordinances or resolutions that promote mixed-use | ||||||
24 | development or reduce street widths, lot sizes, parking | ||||||
25 | requirements, and set-backs, and (iii) units of local | ||||||
26 | government participating in an Intergovernmental Cooperation | ||||||
27 | Council established under Section 5-1130 of the Counties Code. | ||||||
28 | (b) The Department, from funds appropriated for this | ||||||
29 | purpose, is authorized to make grants to units of local | ||||||
30 | government designated as, or within areas designated as, | ||||||
31 | regional priority funding areas for the expansion or | ||||||
32 | improvement of public infrastructure. |
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1 | (c) The Department may promulgate rules necessary to | ||||||
2 | implement and administer this Section.
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3 | Section 10. The Governor's Office of Management and Budget | ||||||
4 | Act is amended by adding Section 2.8 as follows: | ||||||
5 | (20 ILCS 3005/2.8 new) | ||||||
6 | Sec. 2.8. Authorization of funding for proposed projects or | ||||||
7 | activities; review of negative interagency review comments and | ||||||
8 | findings. If a Department or Agency of the State has conducted | ||||||
9 | an interagency review of a proposed project or activity and if | ||||||
10 | the Department or Agency has received negative comments or | ||||||
11 | findings as a result of that interagency review, then the | ||||||
12 | Office must review those comments and findings before funding | ||||||
13 | may be authorized for the proposed project or activity. | ||||||
14 | Section 15. The Regional Planning Commission Act is | ||||||
15 | amended by changing
Section 1 as follows:
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16 | (50 ILCS 15/1) (from Ch. 85, par. 1021)
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17 | Sec. 1. Governing bodies of counties, cities, or other | ||||||
18 | local
governmental units , when authorized by the Department of | ||||||
19 | Commerce and
Community Affairs, may cooperate with the | ||||||
20 | governing bodies of the
counties and cities or other governing | ||||||
21 | bodies of any adjoining state or
states in the creation of a | ||||||
22 | joint planning commission where such
cooperation has been | ||||||
23 | authorized by law by the adjoining state or states.
Such a | ||||||
24 | joint planning commission may be designated to be a regional or
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25 | metropolitan planning commission and shall have powers, duties | ||||||
26 | and
functions as authorized by "An Act to provide for regional | ||||||
27 | planning and
for the creation, organization and powers of | ||||||
28 | regional planning
commissions", approved June 25, 1929, as | ||||||
29 | heretofore or hereafter
amended, and, as agreed among the | ||||||
30 | governing bodies. Such a planning
commission shall be a legal | ||||||
31 | entity for all purposes.
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32 | An Intergovernmental Cooperation Council created in |
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1 | accordance with Section
5-1130 of the Counties Code may serve | ||||||
2 | as the planning commission if so
designated by the county board | ||||||
3 | as provided in that Section. | ||||||
4 | (Source: P.A. 81-1509; revised 12-6-03.)
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5 | Section 20. The Counties Code is amended by adding Section | ||||||
6 | 5-1130 as
follows:
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7 | (55 ILCS 5/5-1130 new)
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8 | Sec. 5-1130. Intergovernmental Cooperation Council.
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9 | (a) The purpose of this Section is to provide a framework | ||||||
10 | and incentives for
intergovernmental
cooperation for | ||||||
11 | development and implementation of coordinated land use,
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12 | transportation, and
infrastructure plans that reduce traffic | ||||||
13 | congestion, conserve land, provide
housing conveniently | ||||||
14 | accessible to jobs, and make the most efficient use of public | ||||||
15 | infrastructure investments.
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16 | (b) A county board may, by resolution, establish an | ||||||
17 | Intergovernmental
Cooperation Council
("Council") with its | ||||||
18 | membership consisting of the mayor of each municipality within | ||||||
19 | the county, up to 6 county board members, and such other | ||||||
20 | members as may
be
determined by the county and municipal | ||||||
21 | members, except that the number of county board members | ||||||
22 | appointed to the Council shall not exceed the number of mayors | ||||||
23 | appointed to the Council. The county board
members
shall be | ||||||
24 | appointed by the chairman of the county board. Within 60 days | ||||||
25 | after the establishment of an Intergovernmental Cooperation | ||||||
26 | Council in accordance with this Section, the Council must | ||||||
27 | notify the Opportunity Returns Economic Development Region | ||||||
28 | established by the Governor of the establishment of the Council | ||||||
29 | and the identity of the Council members.
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30 | Each municipal
and county board representative shall be | ||||||
31 | entitled to a vote; the other members
shall be
nonvoting | ||||||
32 | members, unless authorized to vote by the unanimous consent of | ||||||
33 | the
voting members.
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34 | A municipality that is located in more than
one county may
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1 | choose, at the time of formation of the Council, to participate | ||||||
2 | in the Council
program of
either or both of the counties.
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3 | The Council shall adopt by-laws, by a majority vote of the | ||||||
4 | county and
municipal
members, to govern the functions of the | ||||||
5 | Council and its subcommittees.
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6 | Officers of the
Council shall include a chair and vice | ||||||
7 | chair, one of whom shall be a county
representative
and one a | ||||||
8 | municipal representative.
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9 | Principal duties of the Council, as
further described in
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10 | this Section, shall be (i) to develop coordinated land use, | ||||||
11 | transportation, and
infrastructure plans
and intergovernmental | ||||||
12 | Local Land Resource Management Plans that include the elements | ||||||
13 | required to be included in a comprehensive plan under Section | ||||||
14 | 25 of the Local Planning Technical Assistance Act and that | ||||||
15 | foster intergovernmental cooperation and (ii)
to direct | ||||||
16 | implementation and revision of the plans and procedures.
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17 | The Council may retain
planning, mediation, negotiation, | ||||||
18 | engineering, legal, and financial advisors
and
administrative
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19 | personnel, subject to the budgetary, purchasing, and personnel | ||||||
20 | policies of the
county.
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21 | The
Council shall meet at least quarterly and shall hold at | ||||||
22 | least one public
hearing during the
preparation of each plan.
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23 | (c) The county board may, by resolution, assign the | ||||||
24 | Intergovernmental
Cooperation Council to
serve as the county | ||||||
25 | regional planning commission as provided in Division 5-14
and | ||||||
26 | in the Regional Planning Commission Act.
In counties exercising | ||||||
27 | this option, the Council shall assume all the
duties and
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28 | responsibilities of the county regional planning commission | ||||||
29 | and the Local Land
Resource
Management Plan shall meet the | ||||||
30 | requirements of and serve as the county regional
plan as
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31 | provided in Section 5-14001.
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32 | (d) The Intergovernmental Cooperation Council shall have | ||||||
33 | the responsibility
to prepare, for
recommendation to the county | ||||||
34 | board, a Local Land Resource Management Plan
for all or | ||||||
35 | substantial portions of the county. The Local Land
Resource
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36 | Management Plan shall, to the greatest extent practical, |
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1 | include coordinated
land use,
transportation, and | ||||||
2 | infrastructure plans and encourage development and
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3 | redevelopment patterns
that reduce traffic congestion, support | ||||||
4 | transit, conserve land, protect natural
resources,
provide | ||||||
5 | housing conveniently accessible to jobs, and
make the most
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6 | efficient use of public infrastructure investments. The Local | ||||||
7 | Land Resource
Management
Plan should incorporate (i) municipal | ||||||
8 | and intergovernmental plans and other
countywide plans
and (ii) | ||||||
9 | the elements required to be included in a comprehensive plan | ||||||
10 | under Section 25 of the Local Planning Technical Assistance | ||||||
11 | Act, to the greatest extent practical.
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12 | (e) The Intergovernmental Cooperation Council may prepare, | ||||||
13 | for
recommendation to the county
board, a plan for projected | ||||||
14 | future municipal boundaries. The future municipal
boundaries
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15 | plan should indicate land that is reasonably compact and | ||||||
16 | contiguous to the
existing municipal
boundaries where a | ||||||
17 | particular municipality is better able and prepared than
other
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18 | municipalities to efficiently and effectively provide public | ||||||
19 | infrastructure. The
plan for projected future municipal | ||||||
20 | boundaries should reflect the county's
responsibility to
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21 | manage growth, protect natural resources, and preserve | ||||||
22 | agricultural, forest,
recreational, and
wildlife management | ||||||
23 | lands in territories outside of current and future
municipal | ||||||
24 | boundaries
in a manner consistent with the Local Land Resource | ||||||
25 | Management Plan.
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26 | (f) The Intergovernmental Cooperation Council may prepare, | ||||||
27 | for
recommendation to the county
board, a procedure for | ||||||
28 | intergovernmental cooperation that provides for:
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29 | (1) an
efficient and
timely process for | ||||||
30 | intergovernmental review of public and private land use,
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31 | development, and
transportation proposals with greater | ||||||
32 | than local impacts; and
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33 | (2) a voluntary
procedure for early
resolution of | ||||||
34 | intergovernmental disputes regarding public and private | ||||||
35 | land use,
development,
transportation, and annexation | ||||||
36 | actions, prior to administrative or judicial
hearings.
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1 | Public and private land use, development, and | ||||||
2 | transportation proposals
with
greater than
local impact shall | ||||||
3 | require notification to interested governments, which shall
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4 | include, at a
minimum: (i) any local government with | ||||||
5 | jurisdiction over the property in question; (ii)
the county;
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6 | (iii) adjacent municipalities; (iv) the Metropolitan Planning | ||||||
7 | Organization or any other
regional
transportation agency; (v) | ||||||
8 | any regional planning agency established by State
law having
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9 | jurisdiction for the county; (vi) the Governor's Office of | ||||||
10 | Management and Budget; (vii) the Illinois Departments of | ||||||
11 | Transportation,
Natural Resources, Agriculture, and Commerce | ||||||
12 | and Economic Opportunity, and (viii) the Illinois | ||||||
13 | Environmental Protection Agency. It shall be
the
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14 | responsibility of the Intergovernmental Cooperation Council to | ||||||
15 | establish
definitions and
procedures for implementation of | ||||||
16 | this subsection. The notification requirement
shall extend to | ||||||
17 | any local development project that (i) receives
State funding | ||||||
18 | or
requires State regulatory approval and (ii) meets certain | ||||||
19 | threshold conditions
as to size and
probable impact as defined | ||||||
20 | by the Intergovernmental Cooperation Council.
Within 45 days
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21 | after notification, notified entities must prepare and submit | ||||||
22 | comments. The
sponsoring
government may hold a meeting with
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23 | interested parties
to discuss and seek resolution of issues | ||||||
24 | raised in the comments. Completion of
notification and | ||||||
25 | responsiveness to comments shall enhance the priority position | ||||||
26 | for State funding in
support of the
proposed project.
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27 | (g) An Intergovernmental Cooperation Council may develop a | ||||||
28 | procedure
providing for the
early voluntary resolution of | ||||||
29 | intergovernmental disputes. These procedures
shall allow
local | ||||||
30 | governmental entities to request the Council to review disputes | ||||||
31 | regarding
public and
private land use, development, | ||||||
32 | transportation, and annexation actions, prior to
seeking
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33 | administrative or judicial hearings. The Council shall review | ||||||
34 | actions only if
each party to the
dispute requests it. In | ||||||
35 | conducting the review, the Council shall provide each
party the
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36 | opportunity to present its case. In making its finding the |
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1 | Council shall
determine whether the
proposed action on the part | ||||||
2 | of the first party does in fact have a negative impact on
the | ||||||
3 | second party,
and if so, identify an appropriate mitigation or | ||||||
4 | alternative course of action.
In making its
decision, the | ||||||
5 | Council shall consider the adopted Local Land Resource | ||||||
6 | Management
Plan and
any other plans prepared by the Council. | ||||||
7 | The Council shall forward its written
findings to
the governing | ||||||
8 | body of each party. The findings of the Council shall be
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9 | non-binding and shall
in no case affect the ability of each | ||||||
10 | party to pursue other
administrative or judicial hearings,
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11 | unless otherwise agreed in writing by each party.
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12 | (h) In the preparation of its plans, the Intergovernmental | ||||||
13 | Cooperation
Council
shall coordinate
the planning process with | ||||||
14 | any regional or multi-county planning agency having
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15 | jurisdiction
for the county and shall coordinate with each | ||||||
16 | adjoining county to ensure that
recommended plans
and projects | ||||||
17 | have minimum adverse impacts. An adopted Local Land Resource
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18 | Management
Plan and any other plan prepared by the Council | ||||||
19 | shall identify steps taken to
coordinate the
development of | ||||||
20 | plan recommendations with adjoining counties and any regional | ||||||
21 | or
multi-county planning agency having jurisdiction for the | ||||||
22 | county.
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23 | (i) A unit of local government shall receive priority | ||||||
24 | consideration for
State
grants and other
State programs if the | ||||||
25 | affected unit of local government is located in a
county that | ||||||
26 | has: (i)
established an Intergovernmental Cooperation Council; | ||||||
27 | (ii) adopted a Local Land
Resource
Management Plan that has | ||||||
28 | been deemed to be "joint and compatible" by resolution
of the
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29 | affected unit of local government; and (iii)
established | ||||||
30 | procedures for intergovernmental
review.
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31 | (j) All plans developed and all priorities established in | ||||||
32 | accordance with this Section should be reviewed by the | ||||||
33 | Opportunity Returns Economic Development Regions established | ||||||
34 | by the Governor.
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35 | (k) The powers granted under this Section are in addition | ||||||
36 | to any other
powers granted under any other law.
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