SB2698 94TH GENERAL ASSEMBLY

LRB094 19009 HLH 54500 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2698

Introduced 1/20/2006, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

20 ILCS 662/30
20 ILCS 662/46 new

Amends the Local Planning Technical Assistance Act. Provides for reimbursement to school districts for increased education costs associated with affordable housing that is part of an affordable housing plan.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning school costs.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Planning Technical Assistance Act is amended by adding Section 46 and by changing Section 30 as follows:

(20 ILCS 662/30)

Sec. 30. Consistency of land use regulations and actions with comprehensive plans.

(a) If a municipality or county is receiving assistance to write or revise a comprehensive plan, for 5 years after the effective date of the plan, land development regulations, including amendments to a zoning map, and any land use actions should be consistent with the new or revised comprehensive plan. "Land use actions" include preliminary or final approval of a subdivision plat, approval of a planned unit development, approval of a conditional use, granting a variance, or a decision by a unit of local government to construct a capital improvement, acquire land for community facilities, or both.

(b) Municipalities and counties that have adopted official comprehensive plans in accordance with Division 12 of Article 11 of the Illinois Municipal Code or Section 5-14001 of the Counties Code or have adopted housing plans in accordance with the Affordable Housing Planning and Appeal Act, may be eligible for additional preferences in State economic development programs, State transportation programs, State education programs, State planning programs, State natural resources programs, and State agriculture programs.

(Source: P.A. 92-768, eff. 8-6-02.)

(20 ILCS 662/46 new)

Sec. 46. Affordable housing school cost reimbursement.

(a) As used in this Section, the following terms have the following meanings:

"Additional State aid" means an amount equal to the actual increase in State aid payments under Section 18-8.05 of the School Code that is directly attributable to the eligible students in the school district.

"Affordable multifamily housing" means the preservation or creation of any homes (condominiums, apartments, townhomes, etc.) serving non-age-restricted households, as part of a plan, in structures that are not detached single-family units and that are affordable to families whose annual income is less than 80 percent of the areawide median income as determined by the United States Department of Housing and Urban Development. Affordability shall be assured for a period of not less than 30 years.

"Education percentage" means the average across all school districts of total education expenditures in relation to total school district expenditures as certified as of the end of the preceding school year by the State Board of Education. This calculation shall be made by summing the education percentages in every school district and then dividing by the number of school districts.

"Eligible students" means those children living in an affordable housing development that attend school district schools in kindergarten through grade 12.

"Governor's Housing Plan" means "Building for Success: The Governor's Housing Plan," created as a result of Executive Order #2003-18.

"Local affordable housing revenues for education" means the education percentage times the sum of school district property tax revenues for the preceding school year.

"Operating expense per pupil" means the actual, average amount expended per pupil in a school district for the immediately preceding school year, as determined by the State Board of Education.

"Plan" means a comprehensive plan or housing plan defined by the Affordable Housing and Planning Appeals Act;

"Total education cost for eligible students" means the product of (i) the total number of eligible students in a school district at the end of the prior school year and (ii) average actual school spending per student.

(b) For each school year commencing with 2006-2007 school year, each school district shall receive affordable multifamily housing school cost reimbursement from the State pursuant to this Section. This reimbursement shall be calculated separately for each school district and shall be equal to the positive difference, if any, between (i) total education cost for eligible students and (ii) the sum of local affordable housing revenues for education and additional State aid. The Illinois Housing Development Authority shall certify that the affordable multifamily housing advances the preservation or live-near-work goals of the Governor's Housing Plan, so that these amounts shall be distributed to school districts by the State Board of Education pursuant to appropriations for that purpose. If appropriations are insufficient, then distributions shall be prorated.