SB1906ham001 93RD GENERAL ASSEMBLY

Rep. Ricca Slone

Filed: 5/12/2004

09300SB1906ham001 LRB093 08695 MKM 50433 a

AMENDMENT TO SENATE BILL 1906

AMENDMENT NO. ______. Amend Senate Bill 1906 by replacing everything after the enacting clause with the following:

"Section 5. The Local Planning Technical Assistance Act is amended by adding Sections 33, 34, and 42 as follows:

(20 ILCS 662/33 new)

Sec. 33. Priority funding areas.

(a) The Department may designate certain units of local government and areas of the State as priority funding areas in which State infrastructure resources should be focused. These areas must have completed and adopted a comprehensive plan containing elements defined in Section 25 of this Act. In designating priority funding areas, preference shall be given to (i) units of local government and areas where there is existing public infrastructure, including, without limitation, sewers, roads, street lighting and street signals, and emergency response systems, (ii) units of local government that have adopted zoning or other ordinances or resolutions that promote compact development, including, but not limited to, ordinances or resolutions that promote mixed-use development or reduce street widths, lot sizes, parking requirements, and set-backs, and (iii) units of local government participating in an Intergovernmental Cooperation Council established under Section 5-1130 of the Counties Code. Any county that has not established a planning commission under the Regional Planning Commission Act or under Division 5-14 of the Counties Code may enter into intergovernmental agreements with such a planning commission in order to assist the county in meeting the criteria required for priority funding area designation under this Section.

(b) The Department, from funds appropriated for this purpose, is authorized to make grants to units of local government designated as, or within areas designated as, priority funding areas for the expansion or improvement of public infrastructure. In making grants to priority funding areas, the Department shall use the criteria established by the Priority Funding Advisory Committee established under Section 34.

(c) The Department may promulgate rules necessary to implement and administer this Section.

(20 ILCS 662/34 new)

Sec. 34. Priority Funding Advisory Committee.

(a) The Priority Funding Advisory Committee is established to develop detailed criteria for use by the Department in making funding decisions for priority funding areas designated by the Department under Section 33 of this Act and for Intergovernmental Cooperation Councils established under Section 5-1130 of the Counties Code.

(b) The committee shall consist of 19 members as follows: (i) the Director, or his or her designee, of the following: the Department of Natural Resources, the Environmental Protection Agency, the Department of Agriculture, and the Governor's Office of Management and Budget; (ii) the Secretary of Transportation, or his or her designee; (iii) the Chairman of the Illinois Housing Development Authority, or his or her designee; (iv) the Executive Director of the Capital Development Board, or his or her designee; (v) the presiding officer, or his or her designee, of the following: the Illinois Association of Regional Councils, the Northeastern Illinois Planning Commission, the Southwestern Illinois Metro Planning Commission, the Illinois Municipal League, and the Metropolitan Mayors Caucus; (vi) a representative of county government from outside the boundaries of the Northeastern Illinois Planning Commission and the Southwestern Illinois Metro Planning Commission; (vii) one member of the General Assembly appointed by each of the following: the Speaker of the House, the House Minority Leader, the President of the Senate, and the Senate Minority Leader; and (viii) 2 public members appointed by the Governor. The Director of the Department of Commerce and Economic Opportunity shall serve as the chair of the committee. Eight members shall constitute a quorum. Members of the committee are not entitled to compensation for their services as members but are entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members.

(c) The committee shall conduct a minimum of 8 meetings and shall report to the Governor and to the General Assembly within 18 months of the effective date of this amendatory Act of the 93rd General Assembly concerning its recommendations and a timetable for implementing funding for priority funding areas and Intergovernmental Cooperation Councils.

(20 ILCS 662/42 new)

Sec. 42. Local Planning Task Force.

(a) The Local Planning Task Force is hereby created. The Task Force shall consist of the following members: (i) the Director of Commerce and Economic Opportunity, or his or her designee, who shall serve as the chair of the Task Force; (ii) the Secretary of Transportation, or his or her designee; (iii) the Director of the Illinois Housing Development Authority, or his or her designee; (iv) the Director of Natural Resources, or his or designee; (v) the Director of the Environmental Protection Agency, or his or her designee; and (vi) the Director of Agriculture, or his or her designee.

(b) The Task Force shall meet at the call of the chair. Meetings of the Task Force are subject to the Open Meetings Act, and the Task Force must afford an opportunity for public comment at each of its meetings.

(c) The Task Force shall:

(1) Identify existing State planning programs within the State departments and agencies represented on the Task Force.

(2) Recommend that the State departments or agencies responsible for the for the identified programs adopt rules to require those programs to comply with Section 25 of this Act.

(3) Identify additional State resources to provide local planning grants.

(4) Report to the General Assembly by December 31, 2004 concerning the completion of the tasks required by this Section.

Section 10. The Governor's Office of Management and Budget Act is amended by adding Section 2.8 as follows:

(20 ILCS 3005/2.8 new)

Sec. 2.8. Authorization of funding for proposed projects or activities; review of negative interagency review comments and findings. If a Department or Agency of the State has conducted an interagency review of a proposed project or activity and if the Department or Agency has received negative comments or findings as a result of that interagency review, then the Office must review those comments and findings before funding may be authorized for the proposed project or activity.

Section 15. The Regional Planning Commission Act is amended by changing Section 1 as follows:

(50 ILCS 15/1) (from Ch. 85, par. 1021)

Sec. 1. Governing bodies of counties, cities, or other local governmental units, when authorized by the Department of Commerce and Community Affairs, may cooperate with the governing bodies of the counties and cities or other governing bodies of any adjoining state or states in the creation of a joint planning commission where such cooperation has been authorized by law by the adjoining state or states. Such a joint planning commission may be designated to be a regional or metropolitan planning commission and shall have powers, duties and functions as authorized by "An Act to provide for regional planning and for the creation, organization and powers of regional planning commissions", approved June 25, 1929, as heretofore or hereafter amended, and, as agreed among the governing bodies. Such a planning commission shall be a legal entity for all purposes.

An Intergovernmental Cooperation Council created in accordance with Section 5-1130 of the Counties Code may serve as the planning commission if so designated by the county board as provided in that Section.

(Source: P.A. 81-1509; revised 12-6-03.)

Section 20. The Counties Code is amended by adding Section 5-1130 as follows:

(55 ILCS 5/5-1130 new)

Sec. 5-1130. Intergovernmental Cooperation Council.

(a) The purpose of this Section is to provide a framework and incentives for intergovernmental cooperation for development and implementation of coordinated land use, transportation, and infrastructure plans that reduce traffic congestion, conserve land, provide housing conveniently accessible to jobs, and make the most efficient use of public infrastructure investments.

(b) A county board may, by resolution, establish an Intergovernmental Cooperation Council ("Council") with its membership consisting of the mayor of each municipality within the county, up to 6 county board members, and such other members as may be determined by the county and municipal members, except that the number of county board members appointed to the Council shall not exceed the number of mayors appointed to the Council. The county board members shall be appointed by the chairman of the county board. If the county has an existing planning commission that was established by the county board under the Regional Planning Commission Act or under Division 5-14 of the Counties Code, then the county board may designate that planning commission as the Intergovernmental Cooperation Council for that county. If the county is within the Northeastern Illinois Planning Commission or the Southwestern Illinois Metro Planning Commission, then the county board may designate that commission as the Intergovernmental Cooperation Council for the county.

Within 60 days after the establishment of an Intergovernmental Cooperation Council in accordance with this Section, the Council must notify the Department of Commerce and Economic Opportunity of the establishment of the Council and the identity of the Council members.

Each municipal and county board representative shall be entitled to a vote; the other members shall be nonvoting members, unless authorized to vote by the unanimous consent of the voting members.

A municipality that is located in more than one county may choose, at the time of formation of the Council, to participate in the Council program of either or both of the counties.

The Council shall adopt by-laws, by a majority vote of the county and municipal members, to govern the functions of the Council and its subcommittees.

Officers of the Council shall include a chair and vice chair, one of whom shall be a county representative and one a municipal representative.

Principal duties of the Council, as further described in this Section, shall be (i) to develop coordinated land use, transportation, and infrastructure plans and intergovernmental Local Land Resource Management Plans that address the elements of a comprehensive plan under Section 25 of the Local Planning Technical Assistance Act and that foster intergovernmental cooperation and (ii) to direct implementation and revision of the plans and procedures.

The Council must coordinate all plans and activities with any Economic Development Districts designated by the Economic Development Administration Division of the U.S. Department of Commerce that are within the county.

The Council may retain planning, mediation, negotiation, engineering, legal, and financial advisors and administrative personnel, subject to the budgetary, purchasing, and personnel policies of the county.

The Council shall meet at least quarterly and shall hold at least one public hearing during the preparation of each plan.

(c) The county board may, by resolution, assign the Intergovernmental Cooperation Council to serve as the county planning commission as provided in Division 5-14 and in the Regional Planning Commission Act. In counties exercising this option, the Council shall assume all the duties and responsibilities of the county planning commission and the Local Land Resource Management Plan shall meet the requirements of and serve as the county plan as provided in Section 5-14001.

(d) The Intergovernmental Cooperation Council shall have the responsibility to prepare, for recommendation to the county board, a Local Land Resource Management Plan for all or substantial portions of the county. The Local Land Resource Management Plan shall, to the greatest extent practical, include coordinated land use, transportation, and infrastructure plans and encourage development and redevelopment patterns that reduce traffic congestion, support transit, conserve land, protect natural resources, provide housing conveniently accessible to jobs, and make the most efficient use of public infrastructure investments. The Local Land Resource Management Plan should incorporate (i) municipal and intergovernmental plans and other countywide plans and (ii) the elements of a comprehensive plan under Section 25 of the Local Planning Technical Assistance Act, to the greatest extent practical.

(e) The Intergovernmental Cooperation Council may prepare, for recommendation to the county board, a procedure for intergovernmental cooperation that provides for:

(1) an efficient and timely process for intergovernmental review of public and private land use, development, and transportation proposals with greater than local impacts; and

(2) a voluntary procedure for early resolution of intergovernmental disputes regarding public and private land use, development, transportation, and annexation actions, prior to administrative or judicial hearings.

Public and private land use, development, and transportation proposals with greater than local impact shall require notification to interested governments, which shall include, at a minimum: (i) any local government with jurisdiction over the property in question; (ii) the county; (iii) adjacent municipalities; (iv) the Metropolitan Planning Organization or any other regional transportation agency; and (v) any regional planning agency established by State law having jurisdiction for the county. It shall be the responsibility of the Intergovernmental Cooperation Council to establish definitions and procedures for implementation of this subsection. The notification requirement shall extend to any local development project that (i) receives State funding or requires State regulatory approval and (ii) meets certain threshold conditions as to size and probable impact as defined by the Intergovernmental Cooperation Council. Within 45 days after notification, notified entities must prepare and submit comments. The sponsoring government may hold a meeting with interested parties to discuss and seek resolution of issues raised in the comments. Completion of notification and responsiveness to comments shall enhance the priority position for State funding in support of the proposed project.

(f) An Intergovernmental Cooperation Council may develop a procedure providing for the early voluntary resolution of intergovernmental disputes. These procedures shall allow local governmental entities to request the Council to review disputes regarding public and private land use, development, transportation, and annexation actions, prior to seeking administrative or judicial hearings. The Council shall review actions only if each party to the dispute requests it. In conducting the review, the Council shall provide each party the opportunity to present its case. In making its finding the Council shall determine whether the proposed action on the part of the first party does in fact have a negative impact on the second party, and if so, identify an appropriate mitigation or alternative course of action. In making its decision, the Council shall consider the adopted Local Land Resource Management Plan and any other plans prepared by the Council. The Council shall forward its written findings to the governing body of each party. The findings of the Council shall be non-binding and shall in no case affect the ability of each party to pursue other administrative or judicial hearings, unless otherwise agreed in writing by each party.

(g) In the preparation of its plans, the Intergovernmental Cooperation Council shall coordinate the planning process with any regional or multi-county planning agency having jurisdiction for the county and shall coordinate with each adjoining county to ensure that recommended plans and projects have minimum adverse impacts. An adopted Local Land Resource Management Plan and any other plan prepared by the Council shall identify steps taken to coordinate the development of plan recommendations with adjoining counties and any regional or multi-county planning agency having jurisdiction for the county.

(h) A unit of local government shall receive priority consideration for State grants and other State programs if the affected unit of local government is located in a county that has: (i) established an Intergovernmental Cooperation Council; (ii) adopted a Local Land Resource Management Plan that has been deemed to be "joint and compatible" by resolution of the affected unit of local government; and (iii) established procedures for intergovernmental review.

(i) The powers granted under this Section are in addition to any other powers granted under any other law.

Section 99. Effective date. This Act takes effect January 1, 2006, except that Section 5 and this Section take effect upon becoming law.".