103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5078

 

Introduced 2/8/2024, by Rep. Eva-Dina Delgado

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1707/10
70 ILCS 1707/15
70 ILCS 1707/25
70 ILCS 1707/60
70 ILCS 1707/62
70 ILCS 1707/63 rep.
70 ILCS 1707/70 rep.

    Amends the Regional Planning Act. Removes provisions relating to the Chicago Metropolitan Agency for Planning's Wastewater Committee. Provides that approval of four-fifths of the Board of the Chicago Metropolitan Agency for Planning members in office is necessary for the Board to take action regarding Agency budget and work plan approval, regional plan approval, annual federally funded program approval, legislative agenda approval, and approval of any matter regarding the executive director, but action on all other matters shall be taken in accordance with the Board's bylaws. Provides that the Board shall continue directly involving local elected officials in federal program allocation decisions for any other federally suballocated funding as required by law (rather than only directly involving local elected officials in federal program allocation decisions for the Surface Transportation Program and Congestion Mitigation and Air Quality funds). Repeals provisions relating to succession and transfers related to the Northeastern Illinois Planning Commission and a transition period of the Board. Provides that each General Assembly shall appropriate dedicated funding to the Chicago Metropolitan Agency for Planning to fulfill those functions and programs authorized by the Act (rather than additional funding shall be provided to the Agency to support those functions and programs authorized by the Act). Makes other changes.


LRB103 38280 AWJ 68415 b

 

 

A BILL FOR

 

HB5078LRB103 38280 AWJ 68415 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regional Planning Act is amended by
5changing Sections 10, 15, 25, 60, and 62 as follows:
 
6    (70 ILCS 1707/10)
7    Sec. 10. Definitions.
8    "Board" means the Board of the Chicago Metropolitan Agency
9for Planning.
10    "CMAP" means the Chicago Metropolitan Agency for Planning.
11    "Chief elected county official" means the Board Chair
12Chairman in DuPage, Kane, Kendall, Lake, and McHenry Counties
13and the County Executive in Will County.
14    "Fiscal year" means the fiscal year of the State.
15    "IDOT" means the Illinois Department of Transportation.
16    "MPO" means the metropolitan planning organization
17designated under 23 U.S.C. 134.
18    "Members" means the members of the Board.
19    "Person" means an individual, partnership, firm, public or
20private corporation, State agency, transportation agency, or
21unit of local government.
22    "Policy Committee" means the decision-making body of the
23MPO.

 

 

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1    "Region" or "northeastern Illinois region" means Cook,
2DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
3    "State agency" means "agency" as defined in Section 1-20
4of the Illinois Administrative Procedure Act.
5    "Transportation agency" means the Regional Transportation
6Authority and its Service Boards; the Illinois Toll Highway
7Authority; the Illinois Department of Transportation; and the
8transportation functions of units of local government.
9    "Unit of local government" means a unit of local
10government, as defined in Section 1 of Article VII of the
11Illinois Constitution, that is located within the jurisdiction
12and area of operation of the Board.
13    "USDOT" means the United States Department of
14Transportation.
15(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
16    (70 ILCS 1707/15)
17    Sec. 15. Chicago Metropolitan Agency for Planning;
18structure.
19    (a) The Chicago Metropolitan Agency for Planning is
20established as a political subdivision, body politic, and
21municipal corporation. The Board shall be responsible for
22developing and adopting a funding and implementation strategy
23for an integrated land use and transportation planning process
24for the northeastern Illinois region.
25    (b) (Blank.)

 

 

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1    (c) The Board shall consist of 15 voting members as
2follows:
3        (1) One member from DuPage County appointed
4    cooperatively by the mayors of DuPage County and the chief
5    elected county official of DuPage County.
6        (2) One member representing both Kane and Kendall
7    Counties appointed cooperatively by the mayors of Kane
8    County and Kendall County and the chief elected county
9    officials of Kane County and Kendall County.
10        (3) One member from Lake County appointed
11    cooperatively by the mayors of Lake County and the chief
12    elected county official of Lake County.
13        (4) One member from McHenry County appointed
14    cooperatively by the mayors of McHenry County and the
15    chief elected county official of McHenry County.
16        (5) One member from Will County appointed
17    cooperatively by the mayors of Will County and the chief
18    elected county official of Will County.
19        (6) Five members from the City of Chicago appointed by
20    the Mayor of the City of Chicago.
21        (7) One member from that portion of Cook County
22    outside of the City of Chicago appointed by the President
23    of the Cook County Board of Commissioners.
24        (8) Four members from that portion of Cook County
25    outside of the City of Chicago appointed, with the consent
26    of the President of the Cook County Board of

 

 

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1    Commissioners, as follows:
2            (i) One by the mayors representing those
3        communities in Cook County that are outside of the
4        City of Chicago and north of Devon Avenue.
5            (ii) One by the mayors representing those
6        communities in Cook County that are outside of the
7        City of Chicago, south of Devon Avenue, and north of
8        Interstate 55, and in addition the Village of Summit.
9            (iii) One by the mayors representing those
10        communities in Cook County that are outside of the
11        City of Chicago, south of Interstate 55, and west of
12        Interstate 57, excluding the communities of Summit,
13        Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
14        Tinley Park.
15            (iv) One by the mayors representing those
16        communities in Cook County that are outside of the
17        City of Chicago and east of Interstate 57, and, in
18        addition, the communities of Dixmoor, Posen, Robbins,
19        Midlothian, Oak Forest, and Tinley Park.
20The terms of the members initially appointed to the Board
21shall begin within 60 days after this Act takes effect.
22    (d) The CMAP Board may appoint non-voting members of the
23Board.
24    (e) (Blank). (1) The CMAP Board shall create a Wastewater
25Committee with the responsibility of recommending directly to
26the Illinois Environmental Protection Agency (IEPA) the

 

 

HB5078- 5 -LRB103 38280 AWJ 68415 b

1appropriateness of proposed requests for modifications and
2amendments to the established boundaries of wastewater
3facility planning areas, requests for the creation of new
4wastewater facility planning areas, requests for the
5elimination of existing wastewater facility planning areas,
6requests for new or expanded sewage treatment facilities, or
7any other amendments to the State of Illinois Water Quality
8Management Plan required under the federal Clean Water Act.
9The Chairmanship of the Wastewater Committee shall rotate
10every 24 months between the individuals described in
11subsections (e)(2)(iv) and (e)(2)(v) with the individual
12identified in subsection (e)(2)(v) serving as chairman for the
13initial 24-month period commencing on the effective date of
14this amendatory Act of the 95th General Assembly.
15        (2) The Wastewater Committee shall consist of 5
16    members of the CMAP Board designated as follows:
17            (i) One member of the Wastewater Committee shall
18        be one of the CMAP Board members designated in
19        subsection (c)(1) through (c)(5).
20            (ii) One member of the Wastewater Committee shall
21        be one of the CMAP Board members designated in
22        subsection (c)(6).
23            (iii) One member of the Wastewater Committee shall
24        be one of the CMAP Board members designated in
25        subsection (c)(7) or (c)(8).
26            (iv) One member of the Wastewater Committee shall

 

 

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1        be a person appointed by the President of the
2        Metropolitan Water Reclamation District of Greater
3        Chicago (and who does not need to serve on the CMAP
4        Board).
5            (v) One member of the Wastewater Committee shall
6        be a person appointed by the President of the largest
7        statewide association of wastewater agencies (and who
8        does not need to serve on the CMAP Board).
9        (3) Terms of the members of the Wastewater Committee
10    shall be consistent with those identified in Section 25,
11    except that the term of the member of the Wastewater
12    Committee appointed by the President of the Metropolitan
13    Water Reclamation District of Greater Chicago shall expire
14    on July 1, 2009, and the term of the member of the
15    Wastewater Committee appointed by the President of the
16    largest statewide association of wastewater agencies shall
17    expire on July 1, 2009.
18    (f) Concurrence of four-fifths of the Board members in
19office is necessary for the Board to take action regarding
20Agency budget and work plan approval, regional plan approval,
21annual federally funded program approval, legislative agenda
22approval, and approval of any matter regarding the executive
23director. Action on all other matters shall be approved by a
24number of members of the Board allowed in the Board's bylaws
25With the exception of matters considered and recommended by
26the Wastewater Committee directly to the IEPA, which shall

 

 

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1require only a concurrence of a simple majority of the
2Wastewater Committee members in office, concurrence of
3four-fifths of the Board members in office is necessary for
4the Board to take any action.
5(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
6    (70 ILCS 1707/25)
7    Sec. 25. Operations.
8    (a) Each appointing authority shall give notice of its
9Board appointments to each other appointing authority, to the
10Board, and to the Secretary of State. Within 30 days after his
11or her appointment and before entering upon the duties of the
12office, each Board member shall take and subscribe to the
13constitutional oath of office and file it with the Secretary
14of State. Board members shall hold office for a term of 4 years
15or until successors are appointed and qualified. The terms of
16the initial Board members shall expire as follows:
17        (1) The terms of the member from DuPage County and the
18    member representing both Kane and Kendall Counties shall
19    expire on July 1, 2007.
20        (2) The terms of those members from Lake, McHenry, and
21    Will Counties shall expire on July 1, 2009.
22        (3) As designated at the time of appointment, the
23    terms of 2 members from the City of Chicago shall expire on
24    July 1, 2007 and the terms of 3 members from the City of
25    Chicago shall expire on July 1, 2009.

 

 

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1        (4) The term of the member appointed by the President
2    of the Cook County Board of Commissioners shall expire on
3    July 1, 2007.
4        (5) The terms of those members appointed, with the
5    consent of the President of the Cook County Board of
6    Commissioners, by the mayors representing those
7    communities in Cook County that are outside of the City of
8    Chicago and north of Devon Avenue shall expire on July 1,
9    2007.
10        (6) The terms of those members appointed, with the
11    consent of the President of the Cook County Board of
12    Commissioners, by the mayors representing those
13    communities in Cook County that are outside of the City of
14    Chicago, south of Interstate 55, and west of Interstate
15    57, excluding the communities of Summit, Dixmoor, Posen,
16    Robbins, Midlothian, Oak Forest, and Tinley Park, shall
17    expire on July 1, 2007.
18        (7) The terms of those members appointed, with the
19    consent of the President of the Cook County Board of
20    Commissioners, by the mayor representing those communities
21    in Cook County that are outside of the City of Chicago,
22    south of Devon Avenue, and north of Interstate 55, and, in
23    addition, the Village of Summit, shall expire on July 1,
24    2009.
25        (8) The terms of those members appointed, with the
26    consent of the President of the Cook County Board of

 

 

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1    Commissioners, by the mayors representing those
2    communities in Cook County that are outside of the City of
3    Chicago and east of Interstate 57, and, in addition, the
4    communities of Dixmoor, Posen, Robbins, Midlothian, Oak
5    Forest, and Tinley Park, shall expire on July 1, 2009.
6    (b) If a vacancy occurs, the appropriate appointing
7authority shall fill the vacancy by an appointment for the
8unexpired term. Board members shall receive no compensation,
9but shall be reimbursed for expenses incurred in the
10performance of their duties.
11    (c) The Board shall be so appointed as to represent the
12City of Chicago, that part of Cook County outside the City of
13Chicago, and that part of the metropolitan region outside of
14Cook County on a one person man one vote basis. Within 6 months
15after the release of each certified federal decennial census,
16the Board shall review its composition and, if a change is
17necessary in order to comply with the representation
18requirements of this subsection (c), shall recommend the
19necessary revision for approval by the General Assembly.
20    (d) Regular meetings of the Board shall be held at least
21once in each calendar quarter. The time and place of Board
22meetings shall be fixed by resolution of the Board. Special
23meetings of the Board may be called by the chair chairman or a
24majority of the Board members. A written notice of the time and
25place of any special meeting shall be provided to all Board
26members at least 3 days prior to the date fixed for the

 

 

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1meeting, except that if the time and place of a special meeting
2is fixed at a regular meeting at which all Board members are
3present, no such written notice is required. A majority of the
4Board members in office constitutes a quorum for the purpose
5of convening a meeting of the Board.
6    (e) The meetings of the Board shall be held in compliance
7with the Open Meetings Act. The Board shall maintain records
8in accordance with the provisions of the State Records Act.
9    (f) At its initial meeting and its first regular meeting
10after July 1 of each year thereafter, the Board from its
11membership shall appoint a chair chairman and may appoint vice
12chairs chairmen and shall provide the term and duties of those
13officers pursuant to its bylaws. Before entering upon duties
14of office, the chair chairman shall execute a bond with
15corporate sureties to be approved by the Board and shall file
16it with the principal office of the Board. The bond shall be
17payable to the Board in whatever penal sum may be directed and
18shall be conditioned upon the faithful performance of the
19duties of office and the payment of all money received by the
20chair chairman according to law and the orders of the Board.
21The Board may appoint, from time to time, an executive
22committee and standing and ad hoc committees to assist in
23carrying out its responsibilities.
24    (g) Open meetings of the Board shall be broadcast to the
25public and maintained in real-time on the Board's website
26using a high-speed Internet connection. Recordings of each

 

 

HB5078- 11 -LRB103 38280 AWJ 68415 b

1meeting broadcast shall be posted to the Board's website
2within a reasonable time after the meeting and shall be
3maintained as public records to the extent practicable, as
4determined by the Board. Compliance with the provisions of
5this amendatory Act of the 100th General Assembly does not
6relieve the Board of its obligations under the Open Meetings
7Act.
8(Source: P.A. 100-479, eff. 1-1-18.)
 
9    (70 ILCS 1707/60)
10    Sec. 60. Transportation decision-making.
11    (a) The Policy Committee is the federally designated
12Metropolitan Planning Organization for the Chicago region
13under the requirements of federal regulations promulgated by
14USDOT. The Policy Committee shall approve all plans, reports,
15and programs required of an MPO, including the federally
16mandated Regional Transportation Plan, Transportation
17Improvement Program and Unified Work Program.
18    (b) It is the intent of this Act that the transportation
19planning and investment decision-making process be fully
20integrated into the regional planning process.
21    (c) The Board, in cooperation with local governments and
22transportation providers, shall develop and adopt a process
23for making the transportation decisions that require final MPO
24approval pursuant to federal law. That process shall comply
25with all applicable federal requirements. The adopted process

 

 

HB5078- 12 -LRB103 38280 AWJ 68415 b

1shall ensure that all MPO plans, reports, and programs shall
2be approved by the CMAP Board prior to final approval by the
3MPO.
4    (d) The Board shall continue directly involving local
5elected officials in federal program allocation decisions for
6the Surface Transportation Program, and Congestion Mitigation
7and Air Quality funds, and any other federally suballocated
8funding as required by law and in addressing other regional
9transportation issues.
10(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
 
11    (70 ILCS 1707/62)
12    Sec. 62. Board Funding. In order to carry out any of the
13powers or purposes of CMAP, the Board shall be involved in the
14allocation of traditional sources of funds such as those from
15the federal Metropolitan Planning Program and CMAQ as well as
16non-traditional federal funds consistent with the Board's
17broader mission. These funds may be supplemented by fees for
18services and by grants from nongovernmental agencies. The
19Board may also pursue and accept funding from State, regional,
20and local sources in order to meet its planning objectives.
21    Each General Assembly shall appropriate dedicated funding
22Additional funding shall be provided to CMAP to fulfill
23support those functions and programs authorized by this Act.
24(Source: P.A. 95-677, eff. 10-11-07.)
 

 

 

HB5078- 13 -LRB103 38280 AWJ 68415 b

1    (70 ILCS 1707/63 rep.)
2    (70 ILCS 1707/70 rep.)
3    Section 10. The Regional Planning Act is amended by
4repealing Sections 63 and 70.