Rep. Ricca Slone
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6848
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2 | AMENDMENT NO. ______. Amend House Bill 6848, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 3, on page 2, by replacing line 18 with the following: | ||||||
5 | "Section 10. The Local Planning Technical Assistance Act is | ||||||
6 | amended by adding Sections 33 and 34 as follows: | ||||||
7 | (20 ILCS 662/33 new) | ||||||
8 | Sec. 33. Priority funding areas. | ||||||
9 | (a) The Department may designate certain units of local | ||||||
10 | government and areas of the State as priority funding areas in | ||||||
11 | which State infrastructure resources should be focused. These | ||||||
12 | areas must have completed and adopted a comprehensive plan | ||||||
13 | containing all elements defined in Section 25 of this Act. In | ||||||
14 | designating priority funding areas, preference shall be given | ||||||
15 | to (i) units of local government and areas where there is | ||||||
16 | existing public infrastructure, including, without limitation, | ||||||
17 | sewers, roads, street lighting and street signals, schools, and | ||||||
18 | emergency response systems, (ii) units of local government that | ||||||
19 | have adopted zoning or other ordinances or resolutions that | ||||||
20 | promote compact development, including, but not limited to, | ||||||
21 | ordinances or resolutions that promote mixed-use development | ||||||
22 | or reduce street widths, lot sizes, parking requirements, and | ||||||
23 | set-backs, and (iii) units of local government participating in | ||||||
24 | an Intergovernmental Cooperation Council established under |
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1 | Section 5-1130 of the Counties Code. Any county that has not | ||||||
2 | established a planning commission under the Regional Planning | ||||||
3 | Commission Act or under Division 5-14 of the Counties Code may | ||||||
4 | enter into intergovernmental agreements with such a planning | ||||||
5 | commission in order to assist the county in meeting the | ||||||
6 | criteria required for priority funding area designation under | ||||||
7 | this Section. | ||||||
8 | (b) The Department, from funds appropriated for this | ||||||
9 | purpose, is authorized to make grants to units of local | ||||||
10 | government designated as, or within areas designated as, | ||||||
11 | priority funding areas for the expansion or improvement of | ||||||
12 | public infrastructure. In making grants to priority funding | ||||||
13 | areas, the Department shall use the criteria established by the | ||||||
14 | Priority Funding Advisory Committee established under Section | ||||||
15 | 34. | ||||||
16 | (c) The Department may promulgate rules necessary to | ||||||
17 | implement and administer this Section.
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18 | (20 ILCS 662/34 new)
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19 | Sec. 34. Priority Funding Advisory Committee. | ||||||
20 | (a) The Priority Funding Advisory Committee is established | ||||||
21 | to develop detailed criteria for use by the Department in | ||||||
22 | making funding decisions for priority funding areas designated | ||||||
23 | by the Department under Section 33 of this Act and for | ||||||
24 | Intergovernmental Cooperation Councils established under | ||||||
25 | Section 5-1130 of the Counties Code. | ||||||
26 | (b) The committee shall consist of 19 members as follows: | ||||||
27 | (i) the Director, or his or her designee, of the following: the | ||||||
28 | Department of Natural Resources, the Environmental Protection | ||||||
29 | Agency, the Department of Agriculture, and the Governor's | ||||||
30 | Office of Management and Budget; (ii) the Secretary of | ||||||
31 | Transportation, or his or her designee; (iii) the Chairman of | ||||||
32 | the Illinois Housing Development Authority, or his or her | ||||||
33 | designee; (iv) the Executive Director of the Capital |
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1 | Development Board, or his or her designee; (v) the presiding | ||||||
2 | officer, or his or her designee, of the following: the Illinois | ||||||
3 | Association of Regional Councils, the Northeastern Illinois | ||||||
4 | Planning Commission, the Southwestern Illinois Metro Planning | ||||||
5 | Commission, the Illinois Municipal League, and the | ||||||
6 | Metropolitan Mayors Caucus; (vi) a representative of county | ||||||
7 | government from outside the boundaries of the Northeastern | ||||||
8 | Illinois Planning Commission and the Southwestern Illinois | ||||||
9 | Metro Planning Commission; (vii) one member of the General | ||||||
10 | Assembly appointed by each of the following: the Speaker of the | ||||||
11 | House, the House Minority Leader, the President of the Senate, | ||||||
12 | and the Senate Minority Leader; and (viii) 2 public members | ||||||
13 | appointed by the Governor. The Director of the Department of | ||||||
14 | Commerce and Economic Opportunity shall serve as the chair of | ||||||
15 | the committee. Eight members shall constitute a quorum. Members | ||||||
16 | of the committee are not entitled to compensation for their | ||||||
17 | services as members but are entitled to reimbursement for all | ||||||
18 | necessary expenses incurred in connection with the performance | ||||||
19 | of their duties as members. | ||||||
20 | (c) The committee shall conduct a minimum of 8 meetings and | ||||||
21 | shall report to the Governor and to the General Assembly within | ||||||
22 | 18 months of the effective date of this amendatory Act of the | ||||||
23 | 93rd General Assembly concerning its recommendations and a | ||||||
24 | timetable for implementing funding for priority funding areas | ||||||
25 | and Intergovernmental Cooperation Councils.
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26 | Section 15. The Governor's Office of Management and Budget | ||||||
27 | Act is amended by adding Section 2.8 as follows: | ||||||
28 | (20 ILCS 3005/2.8 new) | ||||||
29 | Sec. 2.8. Authorization of funding for proposed projects or | ||||||
30 | activities; review of negative interagency review comments and | ||||||
31 | findings. If a Department or Agency of the State has conducted | ||||||
32 | an interagency review of a proposed project or activity and if |
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1 | the Department or Agency has received negative comments or | ||||||
2 | findings as a result of that interagency review, then the | ||||||
3 | Office must review those comments and findings before funding | ||||||
4 | may be authorized for the proposed project or activity. | ||||||
5 | Section 20. The Regional Planning Commission Act is | ||||||
6 | amended by changing
Section 1 as follows:
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7 | (50 ILCS 15/1) (from Ch. 85, par. 1021)
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8 | Sec. 1. Governing bodies of counties, cities, or other | ||||||
9 | local
governmental units , when authorized by the Department of | ||||||
10 | Commerce and
Community Affairs, may cooperate with the | ||||||
11 | governing bodies of the
counties and cities or other governing | ||||||
12 | bodies of any adjoining state or
states in the creation of a | ||||||
13 | joint planning commission where such
cooperation has been | ||||||
14 | authorized by law by the adjoining state or states.
Such a | ||||||
15 | joint planning commission may be designated to be a regional or
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16 | metropolitan planning commission and shall have powers, duties | ||||||
17 | and
functions as authorized by "An Act to provide for regional | ||||||
18 | planning and
for the creation, organization and powers of | ||||||
19 | regional planning
commissions", approved June 25, 1929, as | ||||||
20 | heretofore or hereafter
amended, and, as agreed among the | ||||||
21 | governing bodies. Such a planning
commission shall be a legal | ||||||
22 | entity for all purposes.
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23 | An Intergovernmental Cooperation Council created in | ||||||
24 | accordance with Section
5-1130 of the Counties Code may serve | ||||||
25 | as the planning commission if so
designated by the county board | ||||||
26 | as provided in that Section. | ||||||
27 | (Source: P.A. 81-1509; revised 12-6-03.)
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28 | Section 25. The Counties Code is amended by adding Section | ||||||
29 | 5-1130 as
follows:
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30 | (55 ILCS 5/5-1130 new)
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1 | Sec. 5-1130. Intergovernmental Cooperation Council.
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2 | (a) The purpose of this Section is to provide a framework | ||||||
3 | and incentives for
intergovernmental
cooperation for | ||||||
4 | development and implementation of coordinated land use,
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5 | transportation, and
infrastructure plans that reduce traffic | ||||||
6 | congestion, conserve land, provide
housing conveniently | ||||||
7 | accessible to jobs, and make the most efficient use of public | ||||||
8 | infrastructure investments.
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9 | (b) A county board may, by resolution, establish an | ||||||
10 | Intergovernmental
Cooperation Council
("Council") with its | ||||||
11 | membership consisting of the mayor of each municipality within | ||||||
12 | the county, up to 6 county board members, and such other | ||||||
13 | members as may
be
determined by the county and municipal | ||||||
14 | members, except that the number of county board members | ||||||
15 | appointed to the Council shall not exceed the number of mayors | ||||||
16 | appointed to the Council. The county board
members
shall be | ||||||
17 | appointed by the chairman of the county board. If the county | ||||||
18 | has an existing planning commission that was established by the | ||||||
19 | county board under the Regional Planning Commission Act or | ||||||
20 | under Division 5-14 of the Counties Code, then the county board | ||||||
21 | may designate that planning commission as the | ||||||
22 | Intergovernmental Cooperation Council for that county. If the | ||||||
23 | county is within the Northeastern Illinois Planning Commission | ||||||
24 | or the Southwestern Illinois Metro Planning Commission, then | ||||||
25 | the county board may designate that commission as the | ||||||
26 | Intergovernmental Cooperation Council for the county. | ||||||
27 | Within 60 days after the establishment of an | ||||||
28 | Intergovernmental Cooperation Council in accordance with this | ||||||
29 | Section, the Council must notify the Department of Commerce and | ||||||
30 | Economic Opportunity of the establishment of the Council and | ||||||
31 | the identity of the Council members.
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32 | Each municipal
and county board representative shall be | ||||||
33 | entitled to a vote; the other members
shall be
nonvoting | ||||||
34 | members, unless authorized to vote by the unanimous consent of |
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1 | the
voting members.
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2 | A municipality that is located in more than
one county may
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3 | choose, at the time of formation of the Council, to participate | ||||||
4 | in the Council
program of
either or both of the counties.
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5 | The Council shall adopt by-laws, by a majority vote of the | ||||||
6 | county and
municipal
members, to govern the functions of the | ||||||
7 | Council and its subcommittees.
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8 | Officers of the
Council shall include a chair and vice | ||||||
9 | chair, one of whom shall be a county
representative
and one a | ||||||
10 | municipal representative.
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11 | Principal duties of the Council, as
further described in
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12 | this Section, shall be (i) to develop coordinated land use, | ||||||
13 | transportation, and
infrastructure plans
and intergovernmental | ||||||
14 | Local Land Resource Management Plans that include the elements | ||||||
15 | required to be included in a comprehensive plan under Section | ||||||
16 | 25 of the Local Planning Technical Assistance Act and that | ||||||
17 | foster intergovernmental cooperation and (ii)
to direct | ||||||
18 | implementation and revision of the plans and procedures. | ||||||
19 | The Council must coordinate all plans and activities with | ||||||
20 | any Economic Development Districts designated by the Economic | ||||||
21 | Development Administration Division of the U.S. Department of | ||||||
22 | Commerce that are within the county.
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23 | The Council may retain
planning, mediation, negotiation, | ||||||
24 | engineering, legal, and financial advisors
and
administrative
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25 | personnel, subject to the budgetary, purchasing, and personnel | ||||||
26 | policies of the
county.
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27 | The
Council shall meet at least quarterly and shall hold at | ||||||
28 | least one public
hearing during the
preparation of each plan.
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29 | (c) The county board may, by resolution, assign the | ||||||
30 | Intergovernmental
Cooperation Council to
serve as the county | ||||||
31 | planning commission as provided in Division 5-14
and in the | ||||||
32 | Regional Planning Commission Act.
In counties exercising this | ||||||
33 | option, the Council shall assume all the
duties and
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34 | responsibilities of the county planning commission and the |
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1 | Local Land
Resource
Management Plan shall meet the requirements | ||||||
2 | of and serve as the county
plan as
provided in Section 5-14001.
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3 | (d) The Intergovernmental Cooperation Council shall have | ||||||
4 | the responsibility
to prepare, for
recommendation to the county | ||||||
5 | board, a Local Land Resource Management Plan
for all or | ||||||
6 | substantial portions of the county. The Local Land
Resource
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7 | Management Plan shall, to the greatest extent practical, | ||||||
8 | include coordinated
land use,
transportation, and | ||||||
9 | infrastructure plans and encourage development and
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10 | redevelopment patterns
that reduce traffic congestion, support | ||||||
11 | transit, conserve land, protect natural
resources,
provide | ||||||
12 | housing conveniently accessible to jobs, and
make the most
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13 | efficient use of public infrastructure investments. The Local | ||||||
14 | Land Resource
Management
Plan should incorporate (i) municipal | ||||||
15 | and intergovernmental plans and other
countywide plans
and (ii) | ||||||
16 | the elements required to be included in a comprehensive plan | ||||||
17 | under Section 25 of the Local Planning Technical Assistance | ||||||
18 | Act, to the greatest extent practical.
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19 | (e) The Intergovernmental Cooperation Council may prepare, | ||||||
20 | for
recommendation to the county
board, a procedure for | ||||||
21 | intergovernmental cooperation that provides for:
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22 | (1) an
efficient and
timely process for | ||||||
23 | intergovernmental review of public and private land use,
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24 | development, and
transportation proposals with greater | ||||||
25 | than local impacts; and
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26 | (2) a voluntary
procedure for early
resolution of | ||||||
27 | intergovernmental disputes regarding public and private | ||||||
28 | land use,
development,
transportation, and annexation | ||||||
29 | actions, prior to administrative or judicial
hearings.
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30 | Public and private land use, development, and | ||||||
31 | transportation proposals
with
greater than
local impact shall | ||||||
32 | require notification to interested governments, which shall
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33 | include, at a
minimum: (i) any local government with | ||||||
34 | jurisdiction over the property in question; (ii)
the county;
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1 | (iii) adjacent municipalities; (iv) the Metropolitan Planning | ||||||
2 | Organization or any other
regional
transportation agency; (v) | ||||||
3 | any regional planning agency established by State
law having
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4 | jurisdiction for the county; (vi) the Governor's Office of | ||||||
5 | Management and Budget; (vii) the Illinois Departments of | ||||||
6 | Transportation,
Natural Resources, Agriculture, and Commerce | ||||||
7 | and Economic Opportunity, and (viii) the Illinois | ||||||
8 | Environmental Protection Agency. It shall be
the
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9 | responsibility of the Intergovernmental Cooperation Council to | ||||||
10 | establish
definitions and
procedures for implementation of | ||||||
11 | this subsection. The notification requirement
shall extend to | ||||||
12 | any local development project that (i) receives
State funding | ||||||
13 | or
requires State regulatory approval and (ii) meets certain | ||||||
14 | threshold conditions
as to size and
probable impact as defined | ||||||
15 | by the Intergovernmental Cooperation Council.
Within 45 days
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16 | after notification, notified entities must prepare and submit | ||||||
17 | comments. The
sponsoring
government may hold a meeting with
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18 | interested parties
to discuss and seek resolution of issues | ||||||
19 | raised in the comments. Completion of
notification and | ||||||
20 | responsiveness to comments shall enhance the priority position | ||||||
21 | for State funding in
support of the
proposed project.
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22 | (f) An Intergovernmental Cooperation Council may develop a | ||||||
23 | procedure
providing for the
early voluntary resolution of | ||||||
24 | intergovernmental disputes. These procedures
shall allow
local | ||||||
25 | governmental entities to request the Council to review disputes | ||||||
26 | regarding
public and
private land use, development, | ||||||
27 | transportation, and annexation actions, prior to
seeking
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28 | administrative or judicial hearings. The Council shall review | ||||||
29 | actions only if
each party to the
dispute requests it. In | ||||||
30 | conducting the review, the Council shall provide each
party the
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31 | opportunity to present its case. In making its finding the | ||||||
32 | Council shall
determine whether the
proposed action on the part | ||||||
33 | of the first party does in fact have a negative impact on
the | ||||||
34 | second party,
and if so, identify an appropriate mitigation or |
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1 | alternative course of action.
In making its
decision, the | ||||||
2 | Council shall consider the adopted Local Land Resource | ||||||
3 | Management
Plan and
any other plans prepared by the Council. | ||||||
4 | The Council shall forward its written
findings to
the governing | ||||||
5 | body of each party. The findings of the Council shall be
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6 | non-binding and shall
in no case affect the ability of each | ||||||
7 | party to pursue other
administrative or judicial hearings,
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8 | unless otherwise agreed in writing by each party.
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9 | (g) In the preparation of its plans, the Intergovernmental | ||||||
10 | Cooperation
Council
shall coordinate
the planning process with | ||||||
11 | any regional or multi-county planning agency having
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12 | jurisdiction
for the county and shall coordinate with each | ||||||
13 | adjoining county to ensure that
recommended plans
and projects | ||||||
14 | have minimum adverse impacts. An adopted Local Land Resource
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15 | Management
Plan and any other plan prepared by the Council | ||||||
16 | shall identify steps taken to
coordinate the
development of | ||||||
17 | plan recommendations with adjoining counties and any regional | ||||||
18 | or
multi-county planning agency having jurisdiction for the | ||||||
19 | county.
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20 | (h) A unit of local government shall receive priority | ||||||
21 | consideration for
State
grants and other
State programs if the | ||||||
22 | affected unit of local government is located in a
county that | ||||||
23 | has: (i)
established an Intergovernmental Cooperation Council; | ||||||
24 | (ii) adopted a Local Land
Resource
Management Plan that has | ||||||
25 | been deemed to be "joint and compatible" by resolution
of the
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26 | affected unit of local government; and (iii)
established | ||||||
27 | procedures for intergovernmental
review.
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28 | (i) Within 60 days after completion, all plans developed | ||||||
29 | and all priorities established in accordance with this Section | ||||||
30 | must be provided to the Department of Commerce and Economic | ||||||
31 | Opportunity for review and comment.
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32 | (j) The powers granted under this Section are in addition | ||||||
33 | to any other
powers granted under any other law.
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1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2006, except that Section 5 and this Section take effect | ||||||
3 | upon".
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