SB1348 103RD GENERAL ASSEMBLY

LRB103 27366 KTG 53738 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1348

Introduced 2/6/2023, by Sen. Ann Gillespie

SYNOPSIS AS INTRODUCED:

310 ILCS 65/18.1 new

Amends the Illinois Affordable Housing Act. Provides that the Illinois Housing Development Authority may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, the development and improvement of land, and the construction of dwelling units, regardless of whether or not the project receives funding under this Act, if: (1) the Illinois Housing Development Authority finds the housing project is consistent with the purpose and intent of the Act and meets minimum requirements of health and safety; (2) the development of the proposed housing project does not contravene any safety standards, tariffs, rates, or fees approved by the Illinois Commerce Commission for public utilities or of the various community water supply advisory boards; and (3) the legislative body of the county in which the housing project is to be situated approves the project with or without modifications. Provides that the Affordable Housing Advisory Commission shall approve, approve with modification, or disapprove a boundary change within 45 days after the Illinois Housing Development Authority has submitted a petition to the Commission. Provides that if, on the 46th day, the petition is not disapproved, it shall be deemed approved by the Commission.

A BILL FOR

AN ACT concerning housing.

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

Section 5. The Illinois Affordable Housing Act is amended by adding Section 18.1 as follows:

(310 ILCS 65/18.1 new)

Sec. 18.1. Exemption from statutes, ordinances, charter provisions, and rules.

(a) As used in this Section, "government assistance program" means a housing program qualified by the Illinois Housing Development Authority and administered or operated by the Illinois Housing Development Authority or the U.S. Department of Housing and Urban Development or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise.

(b) The Illinois Housing Development Authority may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, the development and improvement of land, and the construction of dwelling units thereon, regardless of whether or not the project receives funding under this Act, if all of the following is satisfied:

(1) The Illinois Housing Development Authority finds the housing project is consistent with the purpose and intent of this Act and meets minimum requirements of health and safety.

(2) The development of the proposed housing project does not contravene any safety standards, tariffs, rates, or fees approved by the Illinois Commerce Commission for public utilities or of the various community water supply advisory boards.

(3) The legislative body of the county in which the housing project is to be situated approves the project with or without modifications.

(A) The legislative body shall approve, approve with modification, or disapprove the project by resolution within 45 days after the Illinois Housing Development Authority has submitted the preliminary plans and specifications for the project to the legislative body. If on the 46th day a project is not disapproved, it shall be deemed approved by the legislative body.

(B) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the plans and specifications.

(C) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. The Executive Director of the Illinois Housing Development Authority or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the county's Office of Recorder of Deeds.

(c) The Affordable Housing Advisory Commission shall approve, approve with modification, or disapprove a boundary change within 45 days after the Illinois Housing Development Authority has submitted a petition to the Commission. If, on the 46th day, the petition is not disapproved, it shall be deemed approved by the Commission.