Full Text of HB6848 93rd General Assembly
HB6848eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Local Planning Technical Assistance Act is | 5 |
| amended by adding Section 33 as follows: | 6 |
| (20 ILCS 662/33 new) | 7 |
| Sec. 33. Regional priority funding areas. | 8 |
| (a) The Department, through the Opportunity Returns | 9 |
| Economic Development Regions established by the Governor, | 10 |
| shall designate certain units of local government and areas of | 11 |
| the State as regional priority funding areas in which State | 12 |
| infrastructure resources should be focused. These areas must be | 13 |
| certified by the Department to have completed and adopted a | 14 |
| comprehensive plan containing all elements defined in Section | 15 |
| 25 of this Act. In designating regional priority funding areas, | 16 |
| preference shall be given to (i) units of local government and | 17 |
| areas where there is existing public infrastructure, | 18 |
| including, without limitation, sewers, roads, street lighting | 19 |
| and street signals, schools, and emergency response systems, | 20 |
| (ii) units of local government that have adopted zoning | 21 |
| ordinances or resolutions or other ordinances or resolutions | 22 |
| that promote compact development, including, but not limited | 23 |
| to, ordinances or resolutions that promote mixed-use | 24 |
| development or reduce street widths, lot sizes, parking | 25 |
| requirements, and set-backs, and (iii) units of local | 26 |
| government participating in an Intergovernmental Cooperation | 27 |
| Council established under Section 5-1130 of the Counties Code. | 28 |
| (b) The Department, from funds appropriated for this | 29 |
| purpose, is authorized to make grants to units of local | 30 |
| government designated as, or within areas designated as, | 31 |
| regional priority funding areas for the expansion or | 32 |
| improvement of public infrastructure. |
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| (c) The Department may promulgate rules necessary to | 2 |
| implement and administer this Section.
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| Section 10. The Governor's Office of Management and Budget | 4 |
| Act is amended by adding Section 2.8 as follows: | 5 |
| (20 ILCS 3005/2.8 new) | 6 |
| Sec. 2.8. Authorization of funding for proposed projects or | 7 |
| activities; review of negative interagency review comments and | 8 |
| findings. If a Department or Agency of the State has conducted | 9 |
| an interagency review of a proposed project or activity and if | 10 |
| the Department or Agency has received negative comments or | 11 |
| findings as a result of that interagency review, then the | 12 |
| Office must review those comments and findings before funding | 13 |
| may be authorized for the proposed project or activity. | 14 |
| Section 15. The Regional Planning Commission Act is | 15 |
| amended by changing
Section 1 as follows:
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| (50 ILCS 15/1) (from Ch. 85, par. 1021)
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| Sec. 1. Governing bodies of counties, cities, or other | 18 |
| local
governmental units , when authorized by the Department of | 19 |
| Commerce and
Community Affairs, may cooperate with the | 20 |
| governing bodies of the
counties and cities or other governing | 21 |
| bodies of any adjoining state or
states in the creation of a | 22 |
| joint planning commission where such
cooperation has been | 23 |
| authorized by law by the adjoining state or states.
Such a | 24 |
| joint planning commission may be designated to be a regional or
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| metropolitan planning commission and shall have powers, duties | 26 |
| and
functions as authorized by "An Act to provide for regional | 27 |
| planning and
for the creation, organization and powers of | 28 |
| regional planning
commissions", approved June 25, 1929, as | 29 |
| heretofore or hereafter
amended, and, as agreed among the | 30 |
| governing bodies. Such a planning
commission shall be a legal | 31 |
| entity for all purposes.
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| An Intergovernmental Cooperation Council created in |
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| accordance with Section
5-1130 of the Counties Code may serve | 2 |
| as the planning commission if so
designated by the county board | 3 |
| as provided in that Section. | 4 |
| (Source: P.A. 81-1509; revised 12-6-03.)
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| Section 20. The Counties Code is amended by adding Section | 6 |
| 5-1130 as
follows:
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| (55 ILCS 5/5-1130 new)
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| Sec. 5-1130. Intergovernmental Cooperation Council.
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| (a) The purpose of this Section is to provide a framework | 10 |
| and incentives for
intergovernmental
cooperation for | 11 |
| development and implementation of coordinated land use,
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| transportation, and
infrastructure plans that reduce traffic | 13 |
| congestion, conserve land, provide
housing conveniently | 14 |
| accessible to jobs, and make the most efficient use of public | 15 |
| infrastructure investments.
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| (b) A county board may, by resolution, establish an | 17 |
| Intergovernmental
Cooperation Council
("Council") with its | 18 |
| membership consisting of the mayor of each municipality within | 19 |
| the county, up to 6 county board members, and such other | 20 |
| members as may
be
determined by the county and municipal | 21 |
| members, except that the number of county board members | 22 |
| appointed to the Council shall not exceed the number of mayors | 23 |
| appointed to the Council. The county board
members
shall be | 24 |
| appointed by the chairman of the county board. Within 60 days | 25 |
| after the establishment of an Intergovernmental Cooperation | 26 |
| Council in accordance with this Section, the Council must | 27 |
| notify the Opportunity Returns Economic Development Region | 28 |
| established by the Governor of the establishment of the Council | 29 |
| and the identity of the Council members.
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| Each municipal
and county board representative shall be | 31 |
| entitled to a vote; the other members
shall be
nonvoting | 32 |
| members, unless authorized to vote by the unanimous consent of | 33 |
| the
voting members.
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| A municipality that is located in more than
one county may
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| choose, at the time of formation of the Council, to participate | 2 |
| in the Council
program of
either or both of the counties.
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| The Council shall adopt by-laws, by a majority vote of the | 4 |
| county and
municipal
members, to govern the functions of the | 5 |
| Council and its subcommittees.
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| Officers of the
Council shall include a chair and vice | 7 |
| chair, one of whom shall be a county
representative
and one a | 8 |
| municipal representative.
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| Principal duties of the Council, as
further described in
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| this Section, shall be (i) to develop coordinated land use, | 11 |
| transportation, and
infrastructure plans
and intergovernmental | 12 |
| Local Land Resource Management Plans that include the elements | 13 |
| required to be included in a comprehensive plan under Section | 14 |
| 25 of the Local Planning Technical Assistance Act and that | 15 |
| foster intergovernmental cooperation and (ii)
to direct | 16 |
| implementation and revision of the plans and procedures.
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| The Council may retain
planning, mediation, negotiation, | 18 |
| engineering, legal, and financial advisors
and
administrative
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| personnel, subject to the budgetary, purchasing, and personnel | 20 |
| policies of the
county.
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| The
Council shall meet at least quarterly and shall hold at | 22 |
| least one public
hearing during the
preparation of each plan.
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| (c) The county board may, by resolution, assign the | 24 |
| Intergovernmental
Cooperation Council to
serve as the county | 25 |
| regional planning commission as provided in Division 5-14
and | 26 |
| in the Regional Planning Commission Act.
In counties exercising | 27 |
| this option, the Council shall assume all the
duties and
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| responsibilities of the county regional planning commission | 29 |
| and the Local Land
Resource
Management Plan shall meet the | 30 |
| requirements of and serve as the county regional
plan as
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| provided in Section 5-14001.
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| (d) The Intergovernmental Cooperation Council shall have | 33 |
| the responsibility
to prepare, for
recommendation to the county | 34 |
| board, a Local Land Resource Management Plan
for all or | 35 |
| substantial portions of the county. The Local Land
Resource
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| Management Plan shall, to the greatest extent practical, |
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| include coordinated
land use,
transportation, and | 2 |
| infrastructure plans and encourage development and
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| redevelopment patterns
that reduce traffic congestion, support | 4 |
| transit, conserve land, protect natural
resources,
provide | 5 |
| housing conveniently accessible to jobs, and
make the most
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| efficient use of public infrastructure investments. The Local | 7 |
| Land Resource
Management
Plan should incorporate (i) municipal | 8 |
| and intergovernmental plans and other
countywide plans
and (ii) | 9 |
| the elements required to be included in a comprehensive plan | 10 |
| under Section 25 of the Local Planning Technical Assistance | 11 |
| Act, to the greatest extent practical.
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| (e) The Intergovernmental Cooperation Council may prepare, | 13 |
| for
recommendation to the county
board, a plan for projected | 14 |
| future municipal boundaries. The future municipal
boundaries
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| plan should indicate land that is reasonably compact and | 16 |
| contiguous to the
existing municipal
boundaries where a | 17 |
| particular municipality is better able and prepared than
other
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| municipalities to efficiently and effectively provide public | 19 |
| infrastructure. The
plan for projected future municipal | 20 |
| boundaries should reflect the county's
responsibility to
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| manage growth, protect natural resources, and preserve | 22 |
| agricultural, forest,
recreational, and
wildlife management | 23 |
| lands in territories outside of current and future
municipal | 24 |
| boundaries
in a manner consistent with the Local Land Resource | 25 |
| Management Plan.
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| (f) The Intergovernmental Cooperation Council may prepare, | 27 |
| for
recommendation to the county
board, a procedure for | 28 |
| intergovernmental cooperation that provides for:
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| (1) an
efficient and
timely process for | 30 |
| intergovernmental review of public and private land use,
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| development, and
transportation proposals with greater | 32 |
| than local impacts; and
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| (2) a voluntary
procedure for early
resolution of | 34 |
| intergovernmental disputes regarding public and private | 35 |
| land use,
development,
transportation, and annexation | 36 |
| actions, prior to administrative or judicial
hearings.
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| Public and private land use, development, and | 2 |
| transportation proposals
with
greater than
local impact shall | 3 |
| require notification to interested governments, which shall
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| include, at a
minimum: (i) any local government with | 5 |
| jurisdiction over the property in question; (ii)
the county;
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| (iii) adjacent municipalities; (iv) the Metropolitan Planning | 7 |
| Organization or any other
regional
transportation agency; (v) | 8 |
| any regional planning agency established by State
law having
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| jurisdiction for the county; (vi) the Governor's Office of | 10 |
| Management and Budget; (vii) the Illinois Departments of | 11 |
| Transportation,
Natural Resources, Agriculture, and Commerce | 12 |
| and Economic Opportunity, and (viii) the Illinois | 13 |
| Environmental Protection Agency. It shall be
the
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| responsibility of the Intergovernmental Cooperation Council to | 15 |
| establish
definitions and
procedures for implementation of | 16 |
| this subsection. The notification requirement
shall extend to | 17 |
| any local development project that (i) receives
State funding | 18 |
| or
requires State regulatory approval and (ii) meets certain | 19 |
| threshold conditions
as to size and
probable impact as defined | 20 |
| by the Intergovernmental Cooperation Council.
Within 45 days
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| after notification, notified entities must prepare and submit | 22 |
| comments. The
sponsoring
government may hold a meeting with
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| interested parties
to discuss and seek resolution of issues | 24 |
| raised in the comments. Completion of
notification and | 25 |
| responsiveness to comments shall enhance the priority position | 26 |
| for State funding in
support of the
proposed project.
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| (g) An Intergovernmental Cooperation Council may develop a | 28 |
| procedure
providing for the
early voluntary resolution of | 29 |
| intergovernmental disputes. These procedures
shall allow
local | 30 |
| governmental entities to request the Council to review disputes | 31 |
| regarding
public and
private land use, development, | 32 |
| transportation, and annexation actions, prior to
seeking
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| administrative or judicial hearings. The Council shall review | 34 |
| actions only if
each party to the
dispute requests it. In | 35 |
| conducting the review, the Council shall provide each
party the
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| opportunity to present its case. In making its finding the |
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| Council shall
determine whether the
proposed action on the part | 2 |
| of the first party does in fact have a negative impact on
the | 3 |
| second party,
and if so, identify an appropriate mitigation or | 4 |
| alternative course of action.
In making its
decision, the | 5 |
| Council shall consider the adopted Local Land Resource | 6 |
| Management
Plan and
any other plans prepared by the Council. | 7 |
| The Council shall forward its written
findings to
the governing | 8 |
| body of each party. The findings of the Council shall be
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| non-binding and shall
in no case affect the ability of each | 10 |
| party to pursue other
administrative or judicial hearings,
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| unless otherwise agreed in writing by each party.
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| (h) In the preparation of its plans, the Intergovernmental | 13 |
| Cooperation
Council
shall coordinate
the planning process with | 14 |
| any regional or multi-county planning agency having
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| jurisdiction
for the county and shall coordinate with each | 16 |
| adjoining county to ensure that
recommended plans
and projects | 17 |
| have minimum adverse impacts. An adopted Local Land Resource
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| Management
Plan and any other plan prepared by the Council | 19 |
| shall identify steps taken to
coordinate the
development of | 20 |
| plan recommendations with adjoining counties and any regional | 21 |
| or
multi-county planning agency having jurisdiction for the | 22 |
| county.
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| (i) A unit of local government shall receive priority | 24 |
| consideration for
State
grants and other
State programs if the | 25 |
| affected unit of local government is located in a
county that | 26 |
| has: (i)
established an Intergovernmental Cooperation Council; | 27 |
| (ii) adopted a Local Land
Resource
Management Plan that has | 28 |
| been deemed to be "joint and compatible" by resolution
of the
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| affected unit of local government; and (iii)
established | 30 |
| procedures for intergovernmental
review.
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| (j) All plans developed and all priorities established in | 32 |
| accordance with this Section should be reviewed by the | 33 |
| Opportunity Returns Economic Development Regions established | 34 |
| by the Governor.
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| (k) The powers granted under this Section are in addition | 36 |
| to any other
powers granted under any other law.
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