|
Rep. Suzanne Bassi
Filed: 5/18/2005
|
|
09400HB3121ham001 |
|
LRB094 08447 MKM 46718 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 3121
|
2 |
| AMENDMENT NO. ______. Amend House Bill 3121 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 1. Short title. This Act may be cited as the |
5 |
| Regional Planning Act. |
6 |
| Section 5. Purpose. The General Assembly declares and |
7 |
| determines that a streamlined, consolidated regional planning |
8 |
| agency is necessary in order to plan for the most effective |
9 |
| public and private investments in the northeastern Illinois |
10 |
| region and to better integrate plans for land use and |
11 |
| transportation. It is the intent of the General Assembly to |
12 |
| consolidate, through an orderly transition, the functions of |
13 |
| the Northeastern Illinois Planning Commission (NIPC) and the |
14 |
| Chicago Area Transportation Study (CATS) in order to address |
15 |
| the development and transportation challenges in the |
16 |
| northeastern Illinois region. |
17 |
| Section 10. Definitions. |
18 |
| "Board" means the Regional Planning Board.
|
19 |
| "CATS" means the Chicago Area Transportation Study.
|
20 |
| "CATS Policy Committee" means the policy board of the |
21 |
| Chicago Area Transportation Study.
|
22 |
| "Chief elected county official" means the Board Chairman in |
23 |
| DuPage, Kane, Kendall, Lake, and McHenry Counties and the |
|
|
|
09400HB3121ham001 |
- 2 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| County Executive in Will County. |
2 |
| "Fiscal year" means the fiscal year of the State.
|
3 |
| "IDOT" means the Illinois Department of Transportation.
|
4 |
| "MPO" means the metropolitan planning organization |
5 |
| designated under 23 U.S.C. 134.
|
6 |
| "Members" means the members of the Regional Planning Board.
|
7 |
| "NIPC" means the Northeastern Illinois Planning |
8 |
| Commission.
|
9 |
| "Person" means an individual, partnership, firm, public or |
10 |
| private corporation, State agency, transportation agency, or |
11 |
| unit of local government.
|
12 |
| "Region" or "northeastern Illinois region" means Cook, |
13 |
| DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
|
14 |
| "State agency" means "agency" as defined in Section 1-20 of |
15 |
| the Illinois Administrative Procedure Act.
|
16 |
| "Transition period" means the period of time the Regional |
17 |
| Planning Board takes to fully implement the funding and |
18 |
| implementation strategy described under subsection (a) of |
19 |
| Section 15. |
20 |
| "Transportation agency" means the Regional Transportation |
21 |
| Authority and its Service Boards; the Illinois Toll Highway |
22 |
| Authority; the Illinois Department of Transportation; and the |
23 |
| transportation functions of units of local government.
|
24 |
| "Unit of local government" means a unit of local |
25 |
| government, as defined in Section 1 of Article VII of the |
26 |
| Illinois Constitution, that is located within the jurisdiction |
27 |
| and area of operation of the Board.
|
28 |
| "USDOT" means the United States Department of |
29 |
| Transportation.
|
30 |
| Section 15. Regional Planning Board; powers. |
31 |
| (a) The Regional Planning Board is established as a |
32 |
| political subdivision, body politic, and municipal |
33 |
| corporation. The Board shall be responsible for developing and |
|
|
|
09400HB3121ham001 |
- 3 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| adopting a funding and implementation strategy for an |
2 |
| integrated land use and transportation planning process for the |
3 |
| northeastern Illinois region. The strategy shall include a |
4 |
| process for the orderly transition of the CATS Policy Committee |
5 |
| to be a standing transportation planning body of the Board and |
6 |
| NIPC to be a standing comprehensive planning body of the Board. |
7 |
| The CATS Policy Committee and NIPC shall continue to exist and |
8 |
| perform their duties throughout the transition period. The |
9 |
| strategy must also include recommendations for legislation for |
10 |
| transition, which must contain a complete description of |
11 |
| recommended comprehensive planning functions of the Board and |
12 |
| an associated funding strategy and recommendations related to |
13 |
| consolidating the functions of the Board, the CATS Policy |
14 |
| Committee, and NIPC. The Board shall submit its strategy to the |
15 |
| General Assembly no later than September 1, 2006. |
16 |
| (b) The Regional Planning Board shall, in addition to those |
17 |
| powers enumerated elsewhere in this Act: |
18 |
| (1) Provide a policy framework under which all regional |
19 |
| plans are developed. |
20 |
| (2) Coordinate regional transportation and land use |
21 |
| planning. |
22 |
| (3) Identify and promote regional priorities. |
23 |
| (4) Serve as a single point of contact and direct all |
24 |
| public involvement activities. |
25 |
| (5) Create a Citizens' Advisory Committee. |
26 |
| (c) The Board shall consist of 15 voting members as |
27 |
| follows: |
28 |
| (1) One member from DuPage County appointed |
29 |
| cooperatively by the mayors of DuPage County and the chief |
30 |
| elected county official of DuPage County. |
31 |
| (2) One member representing both Kane and Kendall |
32 |
| Counties appointed cooperatively by the mayors of Kane |
33 |
| County and Kendall County and the chief elected county |
34 |
| officials of Kane County and Kendall County. |
|
|
|
09400HB3121ham001 |
- 4 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| (3) One member from Lake County appointed |
2 |
| cooperatively by the mayors of Lake County and the chief |
3 |
| elected county official of Lake County. |
4 |
| (4) One member from McHenry County appointed |
5 |
| cooperatively by the mayors of McHenry County and the chief |
6 |
| elected county official of McHenry County. |
7 |
| (5) One member from Will County appointed |
8 |
| cooperatively by the mayors of Will County and the chief |
9 |
| elected county official of Will County. |
10 |
| (6) Five members from the City of Chicago appointed by |
11 |
| the Mayor of the City of Chicago. |
12 |
| (7) One member from that portion of Cook County outside |
13 |
| of the City of Chicago appointed by the President of the |
14 |
| Cook County Board of Commissioners. |
15 |
| (8) Four members from that portion of Cook County |
16 |
| outside of the City of Chicago appointed, with the consent |
17 |
| of the President of the Cook County Board of Commissioners, |
18 |
| as follows: |
19 |
| (i) One by the mayors representing those |
20 |
| communities in Cook County that are outside of the City |
21 |
| of Chicago and north of Devon Avenue. |
22 |
| (ii) One by the mayors representing those |
23 |
| communities in Cook County that are outside of the City |
24 |
| of Chicago, south of Devon Avenue, and north of |
25 |
| Interstate 55, and in addition the Village of Summit. |
26 |
| (iii) One by the mayors representing those |
27 |
| communities in Cook County that are outside of the City |
28 |
| of Chicago, south of Interstate 55, and west of |
29 |
| Interstate 57, excluding the communities of Summit, |
30 |
| Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and |
31 |
| Tinley Park. |
32 |
| (iv) One by the mayors representing those |
33 |
| communities in Cook County that are outside of the City |
34 |
| of Chicago and east of Interstate 57, and, in addition, |
|
|
|
09400HB3121ham001 |
- 5 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| the communities of Dixmoor, Posen, Robbins, |
2 |
| Midlothian, Oak Forest, and Tinley Park. |
3 |
| The terms of the members initially appointed to the Board shall |
4 |
| begin within 60 days after this Act takes effect. |
5 |
| (d) The CATS Policy Committee and NIPC shall each appoint |
6 |
| one of their members to serve as a non-voting member of the |
7 |
| Regional Planning Board. |
8 |
| (e) Concurrence of four-fifths of the Board members in |
9 |
| office is necessary for the Board to take any action, including |
10 |
| remanding regional plans with comments to the CATS Policy |
11 |
| Committee and NIPC. |
12 |
| Section 20. Duties. In addition to those duties enumerated |
13 |
| elsewhere in this Act, the Regional Planning Board shall: |
14 |
| (1) Hire an executive director to coordinate staff work |
15 |
| of CATS and NIPC. The executive director shall hire a |
16 |
| deputy for comprehensive planning and a deputy for |
17 |
| transportation planning with the approval of NIPC and the |
18 |
| CATS Policy Committee, respectively. |
19 |
| (2) Merge the staffs of CATS and NIPC into a single |
20 |
| staff over a transition period that protects current |
21 |
| employees' benefits. |
22 |
| (3) Secure agreements with funding agencies to provide |
23 |
| support for Board operations. |
24 |
| (4) Develop methods to handle operational and |
25 |
| administrative matters relating to the transition, |
26 |
| including labor and employment matters, pension benefits, |
27 |
| equipment and technology, leases and contracts, office |
28 |
| space, and excess property. |
29 |
| (5) Notwithstanding any other provision of law to the |
30 |
| contrary, within 180 days after this Act becomes law, |
31 |
| locate the staffs of CATS and NIPC within the same office. |
32 |
| Section 25. Operations. |
|
|
|
09400HB3121ham001 |
- 6 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| (a) Each appointing authority shall give notice of its |
2 |
| Board appointments to each other appointing authority, to the |
3 |
| Board, and to the Secretary of State. Within 30 days after his |
4 |
| or her appointment and before entering upon the duties of the |
5 |
| office, each Board member shall take and subscribe to the |
6 |
| constitutional oath of office and file it with the Secretary of |
7 |
| State. Board members shall hold office for a term of 4 years or |
8 |
| until successors are appointed and qualified. The terms of the |
9 |
| initial Board members shall expire as follows: |
10 |
| (1) The terms of the member from DuPage County and the |
11 |
| member representing both Kane and Kendall Counties shall |
12 |
| expire on July 1, 2007. |
13 |
| (2) The terms of those members from Lake, McHenry, and |
14 |
| Will Counties shall expire on July 1, 2009. |
15 |
| (3) As designated at the time of appointment, the terms |
16 |
| of 2 members from the City of Chicago shall expire on July |
17 |
| 1, 2007 and the terms of 3 members from the City of Chicago |
18 |
| shall expire on July 1, 2009. |
19 |
| (4) The term of the member appointed by the President |
20 |
| of the Cook County Board of Commissioners shall expire on |
21 |
| July 1, 2007. |
22 |
| (5) The terms of those members appointed, with the |
23 |
| consent of the President of the Cook County Board of |
24 |
| Commissioners, by the mayors representing those |
25 |
| communities in Cook County that are outside of the City of |
26 |
| Chicago and north of Devon Avenue shall expire on July 1, |
27 |
| 2007. |
28 |
| (6) The terms of those members appointed, with the |
29 |
| consent of the President of the Cook County Board of |
30 |
| Commissioners, by the mayors representing those |
31 |
| communities in Cook County that are outside of the City of |
32 |
| Chicago, south of Interstate 55, and west of Interstate 57, |
33 |
| excluding the communities of Summit, Dixmoor, Posen, |
34 |
| Robbins, Midlothian, Oak Forest, and Tinley Park, shall |
|
|
|
09400HB3121ham001 |
- 7 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| expire on July 1, 2007. |
2 |
| (7) The terms of those members appointed, with the |
3 |
| consent of the President of the Cook County Board of |
4 |
| Commissioners, by the mayor representing those communities |
5 |
| in Cook County that are outside of the City of Chicago, |
6 |
| south of Devon Avenue, and north of Interstate 55, and, in |
7 |
| addition, the Village of Summit, shall expire on July 1, |
8 |
| 2009. |
9 |
| (8) The terms of those members appointed, with the |
10 |
| consent of the President of the Cook County Board of |
11 |
| Commissioners, by the mayors representing those |
12 |
| communities in Cook County that are outside of the City of |
13 |
| Chicago and east of Interstate 57, and, in addition, the |
14 |
| communities of Dixmoor, Posen, Robbins, Midlothian, Oak |
15 |
| Forest, and Tinley Park, shall expire on July 1, 2009. |
16 |
| (b) If a vacancy occurs, the appropriate appointing |
17 |
| authority shall fill the vacancy by an appointment for the |
18 |
| unexpired term. Board members shall receive no compensation, |
19 |
| but shall be reimbursed for expenses incurred in the |
20 |
| performance of their duties. |
21 |
| (c) The Board shall be so appointed as to represent the |
22 |
| City of Chicago, that part of Cook County outside the City of |
23 |
| Chicago, and that part of the metropolitan region outside of |
24 |
| Cook County on a one man one vote basis. Within 6 months after |
25 |
| the release of each certified federal decennial census, the |
26 |
| Board shall review its composition and, if a change is |
27 |
| necessary in order to comply with the representation |
28 |
| requirements of this subsection (c), shall recommend the |
29 |
| necessary revision for approval by the General Assembly. |
30 |
| (d) Regular meetings of the Board shall be held at least |
31 |
| once in each calendar quarter. The time and place of Board |
32 |
| meetings shall be fixed by resolution of the Board. Special |
33 |
| meetings of the Board may be called by the chairman or a |
34 |
| majority of the Board members. A written notice of the time and |
|
|
|
09400HB3121ham001 |
- 8 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| place of any special meeting shall be provided to all Board |
2 |
| members at least 3 days prior to the date fixed for the |
3 |
| meeting, except that if the time and place of a special meeting |
4 |
| is fixed at a regular meeting at which all Board members are |
5 |
| present, no such written notice is required.
A majority of the |
6 |
| Board members in office constitutes a quorum for the purpose of |
7 |
| convening a meeting of the Board.
|
8 |
| (e) The meetings of the Board shall be held in compliance |
9 |
| with the Open Meetings Act. The Board shall maintain records in |
10 |
| accordance with the provisions of the State Records Act. |
11 |
| (f) At its initial meeting and its first regular meeting |
12 |
| after July 1 of each year thereafter, the Board shall appoint |
13 |
| from its membership a chairman and vice chairman and shall |
14 |
| provide the term and duties of those officers pursuant to its |
15 |
| bylaws. The vice chairman shall act as chairman during the |
16 |
| absence or disability of the chairman and in case of |
17 |
| resignation or death of the chairman.
Before entering upon |
18 |
| duties of office, the chairman shall execute a bond with |
19 |
| corporate sureties to be approved by the Board and shall file |
20 |
| it with the principal office of the Board. The bond shall be |
21 |
| payable to the Board in whatever penal sum may be directed and |
22 |
| shall be conditioned upon the faithful performance of the |
23 |
| duties of office and the payment of all money received by the |
24 |
| chairman according to law and the orders of the Board.
The |
25 |
| Board may appoint, from time to time, an executive committee |
26 |
| and standing and ad hoc committees to assist in carrying out |
27 |
| its responsibilities.
|
28 |
| Section 30. Jurisdiction and area of operation. The |
29 |
| jurisdiction and area of operation of the Board includes Cook, |
30 |
| DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The |
31 |
| Board may enter into agreements with units of local government |
32 |
| located outside of, but contiguous to, its jurisdiction and |
33 |
| area of operation in order to include those areas in plans for |
|
|
|
09400HB3121ham001 |
- 9 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| the region. For activities related to the MPO, the jurisdiction |
2 |
| of the MPO shall be that area defined by federal requirements. |
3 |
| Section 35. General powers and authority. In addition to |
4 |
| any other rights, powers, duties, or obligations granted to the |
5 |
| Board under this Act or specifically granted to the Board under |
6 |
| any other law, the Board has all of the following general |
7 |
| powers and authority: |
8 |
| (1) To sue and be sued in its official name. |
9 |
| (2) To enter into agreements with units of local |
10 |
| government, transportation agencies, State agencies, |
11 |
| federal agencies, and persons in order to implement any of |
12 |
| the provisions of this Act, including agreements for |
13 |
| specialized planning services. |
14 |
| (3) To accept and expend, for purposes consistent with |
15 |
| the purposes of this Act, funds and moneys from any source, |
16 |
| including gifts, bequests, grants, appropriations, loans, |
17 |
| or contributions made by any person, unit of local |
18 |
| government, the State, or the federal government. |
19 |
| (4) To enter into contracts or other transactions with |
20 |
| any unit of local government, transportation agency, State |
21 |
| agency, public or private organization, or any other source |
22 |
| in furtherance of the purpose of this Act, and to take any |
23 |
| necessary action in order to avail itself of such aid and |
24 |
| cooperation. |
25 |
| (5) To purchase, receive, take by grant, gift, devise, |
26 |
| or bequest, lease, or otherwise acquire, own, hold, |
27 |
| improve, employ, use, and otherwise deal in and with real |
28 |
| or personal property, or any interest therein, wherever |
29 |
| situated. |
30 |
| (6) To adopt, alter, or repeal its own bylaws and any |
31 |
| rules that the Board deems necessary in governing the |
32 |
| exercise of its authority and the performance of its duties |
33 |
| under this Act. |
|
|
|
09400HB3121ham001 |
- 10 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| (7) To make purchases under this Act in compliance with |
2 |
| the Local Government Prompt Payment Act. |
3 |
| (8) To adopt an annual operating budget and work |
4 |
| program for each fiscal year and make appropriations in |
5 |
| accordance with the Illinois Municipal Budget Law and to |
6 |
| have the power to expend such budgeted moneys. |
7 |
| (9) To exercise any other implied powers that are |
8 |
| necessary or convenient for the Board to accomplish its |
9 |
| purposes and that are not inconsistent with its expressed |
10 |
| powers. |
11 |
| (10) To cooperate with any planning agency of a state |
12 |
| contiguous to the region in order to integrate and |
13 |
| coordinate plans for development of urban areas in that |
14 |
| state with the regional comprehensive plan developed under |
15 |
| this Act. |
16 |
| Section 40. Public participation; public hearing; |
17 |
| Citizens' Advisory Committee. |
18 |
| (a) The Board shall develop, implement, and maintain a |
19 |
| process of public participation designed to: (i) inform and |
20 |
| involve the public in all of the public activities and |
21 |
| decisions of the Board; (ii) provide access to public records |
22 |
| and information maintained by the Board; and (iii) provide |
23 |
| mechanisms for public suggestions. The Board shall serve as the |
24 |
| single point of contact and direct all public involvement |
25 |
| activities. |
26 |
| (b) In connection with its review and development of any |
27 |
| regional plans and prior to any plan's approval, the Board must |
28 |
| hold a public hearing. Notice of the time, date, and place set |
29 |
| for the hearing must be published in a newspaper having a |
30 |
| general circulation within the Chicago region at least 30 days |
31 |
| prior to the date of the hearing. The notice must contain a |
32 |
| short explanation of the purpose of the hearing. The hearing |
33 |
| may be continued, as deemed necessary by the Board. |
|
|
|
09400HB3121ham001 |
- 11 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| (c) The Board shall create a standing Citizens' Advisory |
2 |
| Committee to provide continuous and balanced public |
3 |
| representation in the development of regional plans and |
4 |
| policies. |
5 |
| Section 45. Regional comprehensive plan. At intervals not |
6 |
| to exceed every 5 years, the Board shall develop a regional |
7 |
| comprehensive plan that integrates land use and |
8 |
| transportation. The regional comprehensive plan and any |
9 |
| modifications to it shall be developed cooperatively by the |
10 |
| Board, the CATS Policy Committee, and NIPC with the involvement |
11 |
| of citizens, units of local government, business and labor |
12 |
| organizations, environmental organizations, transportation and |
13 |
| planning agencies, State agencies, private and civic |
14 |
| organizations, public and private providers of transportation, |
15 |
| and land preservation agencies. Units of local government shall |
16 |
| continue to maintain control over land use and zoning |
17 |
| decisions. |
18 |
| Section 50. Coordinated regional advocacy. |
19 |
| (a) The Board shall be responsible for identifying regional |
20 |
| priorities and providing coordinated advocacy of regional |
21 |
| priorities. The Board shall act to ensure that regional |
22 |
| priorities are supported by consistent information and that |
23 |
| plans of various agencies related to those regional priorities |
24 |
| are fully integrated. |
25 |
| (b) The Board shall annually publish a list of regional |
26 |
| priorities and major public projects for which it is providing |
27 |
| coordinated regional advocacy. |
28 |
| Section 55. Transportation financial plan. |
29 |
| (a) Concurrent with preparation of the regional |
30 |
| transportation and comprehensive plans, the Board shall |
31 |
| prepare and adopt, in cooperation with the CATS Policy |
|
|
|
09400HB3121ham001 |
- 12 - |
LRB094 08447 MKM 46718 a |
|
|
1 |
| Committee, a transportation financial plan for the region in |
2 |
| accordance with federal and State laws, rules, and regulations. |
3 |
| (b) The transportation financial plan shall address the |
4 |
| following matters related to the transportation agencies: (i) |
5 |
| adequacy of funding to meet identified needs; and (ii) |
6 |
| allocation of funds to regional priorities. |
7 |
| (c) The transportation financial plan may propose |
8 |
| recommendations for additional funding by the federal |
9 |
| government, the State, or units of local government that may be |
10 |
| necessary to fully implement regional plans. |
11 |
| Section 60. Metropolitan planning organization. |
12 |
| (a) It is the intent of this Act that the CATS Policy |
13 |
| Committee, as the Transportation Planning Committee for the |
14 |
| Board, remain the federally designated Metropolitan Planning |
15 |
| Organization for the Chicago region under the requirements of |
16 |
| federal regulations promulgated by USDOT.
The CATS Policy |
17 |
| Committee shall prepare and approve all plans, reports, and |
18 |
| programs required of an MPO, including the federally mandated |
19 |
| Regional Transportation Plan, Transportation Improvement |
20 |
| Program and Unified Work Program.
|
21 |
| (b) The processes previously established by the CATS Policy |
22 |
| Committee shall be continued as the means by which local |
23 |
| elected officials program federal Surface Transportation |
24 |
| Program and Congestion, Mitigation, and Air Quality funds and |
25 |
| address other regional transportation issues. |
26 |
| Section 65. Annual report. The Board shall prepare, |
27 |
| publish, and distribute an annual report and any other reports |
28 |
| and plans that relate to the purpose of this Act. |
29 |
| Section 70. Transition period. The transition period must |
30 |
| end no later than 36 months after the initial appointment of |
31 |
| the Board, provided that sufficient funding sources have been |