Public Act 094-0303
 
SB0966 Enrolled LRB094 04641 DRJ 34670 b

    AN ACT concerning housing.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-12001 as follows:
 
    (55 ILCS 5/5-12001)  (from Ch. 34, par. 5-12001)
    Sec. 5-12001. Authority to regulate and restrict location
and use of structures.
    For the purpose of promoting the public health, safety,
morals, comfort and general welfare, conserving the values of
property throughout the county, lessening or avoiding
congestion in the public streets and highways, and lessening or
avoiding the hazards to persons and damage to property
resulting from the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as
the case may be, of each county, shall have the power to
regulate and restrict the location and use of buildings,
structures and land for trade, industry, residence and other
uses which may be specified by such board, to regulate and
restrict the intensity of such uses, to establish building or
setback lines on or along any street, trafficway, drive,
parkway or storm or floodwater runoff channel or basin outside
the limits of cities, villages and incorporated towns which
have in effect municipal zoning ordinances; to divide the
entire county outside the limits of such cities, villages and
incorporated towns into districts of such number, shape, area
and of such different classes, according to the use of land and
buildings, the intensity of such use (including height of
buildings and structures and surrounding open space) and other
classification as may be deemed best suited to carry out the
purposes of this Division; to prohibit uses, buildings or
structures incompatible with the character of such districts
respectively; and to prevent additions to and alteration or
remodeling of existing buildings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed
hereunder: Provided, that permits with respect to the erection,
maintenance, repair, alteration, remodeling or extension of
buildings or structures used or to be used for agricultural
purposes shall be issued free of any charge. The corporate
authorities of the county may by ordinance require the
construction of fences around or protective covers over
previously constructed artificial basins of water dug in the
ground and used for swimming or wading, which are located on
private residential property and intended for the use of the
owner and guests. In all ordinances or resolutions passed under
the authority of this Division, due allowance shall be made for
existing conditions, the conservation of property values, the
directions of building development to the best advantage of the
entire county, and the uses to which property is devoted at the
time of the enactment of any such ordinance or resolution.
    The powers by this Division given shall not be exercised so
as to deprive the owner of any existing property of its use or
maintenance for the purpose to which it is then lawfully
devoted, but provisions may be made for (i) the gradual
elimination of the uses of unimproved lands or lot areas when
the existing rights of the persons in possession are terminated
or when the uses to which they are devoted are discontinued,
(ii) the gradual elimination of uses to which the buildings and
structures are devoted if they are adaptable to permitted uses,
and (iii) the gradual elimination of the buildings and
structures when they are destroyed or damaged in major part;
nor shall they be exercised so as to impose regulations,
eliminate uses, buildings, or structures, or require permits
with respect to land used for agricultural purposes, which
includes the growing of farm crops, truck garden crops, animal
and poultry husbandry, apiculture, aquaculture, dairying,
floriculture, horticulture, nurseries, tree farms, sod farms,
pasturage, viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on the
land, other than parcels of land consisting of less than 5
acres from which $1,000 or less of agricultural products were
sold in any calendar year in counties with a population between
300,000 and 400,000 or in counties contiguous to a county with
a population between 300,000 and 400,000, and other than
parcels of land consisting of less than 5 acres in counties
with a population in excess of 400,000, or with respect to the
erection, maintenance, repair, alteration, remodeling or
extension of buildings or structures used or to be used for
agricultural purposes upon such land except that such buildings
or structures for agricultural purposes may be required to
conform to building or set back lines and counties may
establish a minimum lot size for residences on land used for
agricultural purposes; nor shall any such powers be so
exercised as to prohibit the temporary use of land for the
installation, maintenance and operation of facilities used by
contractors in the ordinary course of construction activities,
except that such facilities may be required to be located not
less than 1,000 feet from any building used for residential
purposes, and except that the period of such temporary use
shall not exceed the duration of the construction contract; nor
shall any such powers include the right to specify or regulate
the type or location of any poles, towers, wires, cables,
conduits, vaults, laterals or any other similar distributing
equipment of a public utility as defined in the Public
Utilities Act, if the public utility is subject to the Messages
Tax Act, the Gas Revenue Tax Act or the Public Utilities
Revenue Act, or if such facilities or equipment are located on
any rights of way and are used for railroad purposes, nor shall
any such powers be exercised with respect to uses, buildings,
or structures of a public utility as defined in the Public
Utilities Act, nor shall any such powers be exercised in any
respect as to the facilities, as defined in Section 5-12001.1,
of a telecommunications carrier, as also defined therein,
except to the extent and in the manner set forth in Section
5-12001.1. As used in this Act, "agricultural purposes" do not
include the extraction of sand, gravel or limestone, and such
activities may be regulated by county zoning ordinance even
when such activities are related to an agricultural purpose.
    Nothing in this Division shall be construed to restrict the
powers granted by statute to cities, villages and incorporated
towns as to territory contiguous to but outside of the limits
of such cities, villages and incorporated towns. Any zoning
ordinance enacted by a city, village or incorporated town shall
supersede, with respect to territory within the corporate
limits of the municipality, any county zoning plan otherwise
applicable. The powers granted to counties by this Division
shall be treated as in addition to powers conferred by statute
to control or approve maps, plats or subdivisions. In this
Division, "agricultural purposes" include, without limitation,
the growing, developing, processing, conditioning, or selling
of hybrid seed corn, seed beans, seed oats, or other farm
seeds.
    Nothing in this Division shall be construed to prohibit the
corporate authorities of a county from adopting an ordinance
that exempts pleasure driveways or park districts, as defined
in the Park District Code, with a population of greater than
100,000, from the exercise of the county's powers under this
Division.
    The powers granted by this Division may be used to require
the creation and preservation of affordable housing, including
the power to provide increased density or other zoning
incentives to developers who are creating, establishing, or
preserving affordable housing.
(Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
90-522, eff. 1-1-98; 90-655, eff. 7-30-98; 90-661, eff.
7-30-98.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 11-13-1 as follows:
 
    (65 ILCS 5/11-13-1)  (from Ch. 24, par. 11-13-1)
    Sec. 11-13-1. To the end that adequate light, pure air, and
safety from fire and other dangers may be secured, that the
taxable value of land and buildings throughout the municipality
may be conserved, that congestion in the public streets may be
lessened or avoided, that the hazards to persons and damage to
property resulting from the accumulation or runoff of storm or
flood waters may be lessened or avoided, and that the public
health, safety, comfort, morals, and welfare may otherwise be
promoted, and to insure and facilitate the preservation of
sites, areas, and structures of historical, architectural and
aesthetic importance; the corporate authorities in each
municipality have the following powers:
        (1) To regulate and limit the height and bulk of
    buildings hereafter to be erected; (2) to establish,
    regulate and limit, subject to the provisions of Division
    14 of this Article 11, the building or set-back lines on or
    along any street, traffic-way, drive, parkway or storm or
    floodwater runoff channel or basin; (3) to regulate and
    limit the intensity of the use of lot areas, and to
    regulate and determine the area of open spaces, within and
    surrounding such buildings; (4) to classify, regulate and
    restrict the location of trades and industries and the
    location of buildings designed for specified industrial,
    business, residential, and other uses; (5) to divide the
    entire municipality into districts of such number, shape,
    area, and of such different classes (according to use of
    land and buildings, height and bulk of buildings, intensity
    of the use of lot area, area of open spaces, or other
    classification) as may be deemed best suited to carry out
    the purposes of this Division 13; (6) to fix standards to
    which buildings or structures therein shall conform; (7) to
    prohibit uses, buildings, or structures incompatible with
    the character of such districts; (8) to prevent additions
    to and alteration or remodeling of existing buildings or
    structures in such a way as to avoid the restrictions and
    limitations lawfully imposed under this Division 13; (9) to
    classify, to regulate and restrict the use of property on
    the basis of family relationship, which family
    relationship may be defined as one or more persons each
    related to the other by blood, marriage or adoption and
    maintaining a common household; and (10) to regulate or
    forbid any structure or activity which may hinder access to
    solar energy necessary for the proper functioning of a
    solar energy system, as defined in Section 1.2 of The
    Comprehensive Solar Energy Act of 1977; and (11) to require
    the creation and preservation of affordable housing,
    including the power to provide increased density or other
    zoning incentives to developers who are creating,
    establishing, or preserving affordable housing.
    The powers enumerated may be exercised within the corporate
limits or within contiguous territory not more than one and
one-half miles beyond the corporate limits and not included
within any municipality. However, if any municipality adopts a
plan pursuant to Division 12 of Article 11 which plan includes
in its provisions a provision that the plan applies to such
contiguous territory not more than one and one-half miles
beyond the corporate limits and not included in any
municipality, then no other municipality shall adopt a plan
that shall apply to any territory included within the territory
provided in the plan first so adopted by another municipality.
No municipality shall exercise any power set forth in this
Division 13 outside the corporate limits thereof, if the county
in which such municipality is situated has adopted "An Act in
relation to county zoning", approved June 12, 1935, as amended.
Nothing in this Section prevents a municipality of more than
112,000 population located in a county of less than 185,000
population that has adopted a zoning ordinance and the county
that adopted the zoning ordinance from entering into an
intergovernmental agreement that allows the municipality to
exercise its zoning powers beyond its territorial limits;
provided, however, that the intergovernmental agreement must
be limited to the territory within the municipality's planning
jurisdiction as defined by law or any existing boundary
agreement. The county and the municipality must amend their
individual zoning maps in the same manner as other zoning
changes are incorporated into revised zoning maps. No such
intergovernmental agreement may authorize a municipality to
exercise its zoning powers, other than powers that a county may
exercise under Section 5-12001 of the Counties Code, with
respect to land used for agricultural purposes. This amendatory
Act of the 92nd General Assembly is declarative of existing
law. No municipality may exercise any power set forth in this
Division 13 outside the corporate limits of the municipality
with respect to a facility of a telecommunications carrier
defined in Section 5-12001.1 of the Counties Code.
    Notwithstanding any other provision of law to the contrary,
at least 30 days prior to commencing construction of a new
telecommunications facility within 1.5 miles of a
municipality, the telecommunications carrier constructing the
facility shall provide written notice of its intent to
construct the facility. The notice shall include, but not be
limited to, the following information: (i) the name, address,
and telephone number of the company responsible for the
construction of the facility and (ii) the address and telephone
number of the governmental entity that issued the building
permit for the telecommunications facility. The notice shall be
provided in person, by overnight private courier, or by
certified mail to all owners of property within 250 feet of the
parcel in which the telecommunications carrier has a leasehold
or ownership interest. For the purposes of this notice
requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
satisfied. For the purposes of this paragraph, "facility" means
that term as it is defined in Section 5-12001.1 of the Counties
Code.
     If a municipality adopts a zoning plan covering an area
outside its corporate limits, the plan adopted shall be
reasonable with respect to the area outside the corporate
limits so that future development will not be hindered or
impaired; it is reasonable for a municipality to regulate or
prohibit the extraction of sand, gravel, or limestone even when
those activities are related to an agricultural purpose. If all
or any part of the area outside the corporate limits of a
municipality which has been zoned in accordance with the
provisions of this Division 13 is annexed to another
municipality or municipalities, the annexing unit shall
thereafter exercise all zoning powers and regulations over the
annexed area.
    In all ordinances passed under the authority of this
Division 13, due allowance shall be made for existing
conditions, the conservation of property values, the direction
of building development to the best advantage of the entire
municipality and the uses to which the property is devoted at
the time of the enactment of such an ordinance. The powers
conferred by this Division 13 shall not be exercised so as to
deprive the owner of any existing property of its use or
maintenance for the purpose to which it is then lawfully
devoted, but provisions may be made for the gradual elimination
of uses, buildings and structures which are incompatible with
the character of the districts in which they are made or
located, including, without being limited thereto, provisions
(a) for the elimination of such uses of unimproved lands or lot
areas when the existing rights of the persons in possession
thereof are terminated or when the uses to which they are
devoted are discontinued; (b) for the elimination of uses to
which such buildings and structures are devoted, if they are
adaptable for permitted uses; and (c) for the elimination of
such buildings and structures when they are destroyed or
damaged in major part, or when they have reached the age fixed
by the corporate authorities of the municipality as the normal
useful life of such buildings or structures.
    This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 92-509, eff. 1-1-02; 93-698, eff. 7-9-04.)
 
    Section 15. The Affordable Housing Planning and Appeal Act
is amended by changing Sections 15, 25, 30, and 50 and by
adding Section 60 as follows:
 
    (310 ILCS 67/15)
    Sec. 15. Definitions. As used in this Act:
    "Affordable housing" means housing that has a sales price
or rental amount that is within the means of a household that
may occupy moderate-income or low-income housing. In the case
of dwelling units for sale, housing that is affordable means
housing in which mortgage, amortization, taxes, insurance, and
condominium or association fees, if any, constitute no more
than 30% of the gross annual household income for a household
of the size that may occupy the unit. In the case of dwelling
units for rent, housing that is affordable means housing for
which the rent and utilities constitute no more than 30% of the
gross annual household income for a household of the size that
may occupy the unit.
    "Affordable housing developer" means a nonprofit entity,
limited equity cooperative or public agency, or private
individual, firm, corporation, or other entity seeking to build
an affordable housing development.
    "Affordable housing development" means (i) any housing
that is subsidized by the federal or State government or (ii)
any housing in which at least 20% of the dwelling units are
subject to covenants or restrictions that require that the
dwelling units be sold or rented at prices that preserve them
as affordable housing for a period of at least 15 years, in the
case of for-sale housing, and at least 30 years, in the case of
rental housing.
    "Approving authority" means the governing body of the
county or municipality.
    "Area median household income" means the median household
income adjusted for family size for applicable income limit
areas as determined annually by the federal Department of
Housing and Urban Development under Section 8 of the United
States Housing Act of 1937.
    "Community land trust" means a private, not-for-profit
corporation organized exclusively for charitable, cultural,
and other purposes and created to acquire and own land for the
benefit of the local government, including the creation and
preservation of affordable housing.
    "Development" means any building, construction,
renovation, or excavation or any material change in the use or
appearance of any structure or in the land, itself; the
division of land into parcels; or any change in the intensity
or use of such structure or land, that results in a net
increase in the number of dwelling units in a structure or on a
parcel of land by more than one dwelling unit such as an
increase in the number of dwelling units in a structure or a
change to a commercial use.
    "Exempt local government" means any local government in
which at least 10% of its total year-round housing units are
affordable, as determined by the Illinois Housing Development
Authority pursuant to Section 20 of this Act; or any
municipality under 1,000 population.
    "Household" means the person or persons occupying a
dwelling unit.
    "Housing trust fund" means a separate fund, either within a
local government or between local governments pursuant to
intergovernmental agreement, established solely for the
purposes authorized in subsection (d) of Section 25, including,
without limitation, the holding and disbursing of financial
resources to address the affordable housing needs of
individuals or households that may occupy low-income or
moderate-income housing.
    "Local government" means a county or municipality.
    "Low-income housing" means housing that is affordable,
according to the federal Department of Housing and Urban
Development, for either home ownership or rental, and that is
occupied, reserved, or marketed for occupancy by households
with a gross household income that does not exceed 50% of the
area median household income.
    "Moderate-income housing" means housing that is
affordable, according to the federal Department of Housing and
Urban Development, for either home ownership or rental, and
that is occupied, reserved, or marketed for occupancy by
households with a gross household income that is greater than
50% but does not exceed 80% of the area median household
income.
    "Non-appealable local government requirements" means all
essential requirements that protect the public health and
safety, including any local building, electrical, fire, or
plumbing code requirements or those requirements that are
critical to the protection or preservation of the environment.
(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
 
    (310 ILCS 67/25)
    Sec. 25. Affordable housing plan.
    (a) Prior to April 1, 2005, all non-exempt local
governments must approve an affordable housing plan. Any local
government that is determined by the Illinois Housing
Development Authority under Section 20 to be non-exempt for the
first time based on the recalculation of decennial census data
after 2010 shall have 18 months from the date of notification
of its non-exempt status to approve an affordable housing plan
under this Act.
    (b) For the purposes of this Act, the affordable housing
plan shall consist of at least the following:
        (i) a statement of the total number of affordable
    housing units that are necessary to exempt the local
    government from the operation of this Act as defined in
    Section 15 and Section 20;
        (ii) an identification of lands within the
    jurisdiction that are most appropriate for the
    construction of affordable housing and of existing
    structures most appropriate for conversion to, or
    rehabilitation for, affordable housing, including a
    consideration of lands and structures of developers who
    have expressed a commitment to provide affordable housing
    and lands and structures that are publicly or semi-publicly
    owned;
        (iii) incentives that local governments may provide
    for the purpose of attracting affordable housing to their
    jurisdiction; and
        (iv) a goal of a minimum of 15% of all new development
    or redevelopment within the local government that would be
    defined as affordable housing in this Act; or a minimum of
    a 3 percentage point increase in the overall percentage of
    affordable housing within its jurisdiction, as described
    in subsection (b) of Section 20 of this Act; or a minimum
    of a total of 10% affordable housing within its
    jurisdiction as described in subsection (b) of Section 20
    of this Act. These goals may be met, in whole or in part,
    through the creation of affordable housing units under
    intergovernmental agreements as described in subsection
    (e) of this Section.
    (c) Within 60 days after the adoption of an affordable
housing plan or revisions to its affordable housing plan, the
local government must submit a copy of that plan to the
Illinois Housing Development Authority.
    (d) In order to promote the goals of this Act and to
maximize the creation, establishment, or preservation of
affordable housing throughout the State of Illinois, a local
government, whether exempt or non-exempt under this Act, may
adopt the following measures to address the need for affordable
housing:
        (1) Local governments may individually or jointly
    create or participate in a housing trust fund or otherwise
    provide funding or support for the purpose of supporting
    affordable housing, including, without limitation, to
    support the following affordable housing activities:
            (A) Housing production, including, without
        limitation, new construction, rehabilitation, and
        adaptive re-use.
            (B) Acquisition, including, without limitation,
        land, single-family homes, multi-unit buildings, and
        other existing structures that may be used in whole or
        in part for residential use.
            (C) Rental payment assistance.
            (D) Home-ownership purchase assistance.
            (E) Preservation of existing affordable housing.
            (F) Weatherization.
            (G) Emergency repairs.
            (H) Housing related support services, including
        homeownership education and financial counseling.
            (I) Grants or loans to not-for-profit
        organizations engaged in addressing the affordable
        housing needs of low-income and moderate-income
        households.
        Local governments may authorize housing trust funds to
    accept and utilize funds, property, and other resources
    from all proper and lawful public and private sources so
    long as those funds are used solely for addressing the
    affordable housing needs of individuals or households that
    may occupy low-income or moderate-income housing.
        (2) A local government may create a community land
    trust, which may: acquire developed or undeveloped
    interests in real property and hold them for affordable
    housing purposes; convey such interests under long-term
    leases, including ground leases; convey such interests for
    affordable housing purposes; and retain an option to
    reacquire any such real property interests at a price
    determined by a formula ensuring that such interests may be
    utilized for affordable housing purposes.
        (3) A local government may use its zoning powers to
    require the creation and preservation of affordable
    housing as authorized under Section 5-12001 of the Counties
    Code and Section 11-13-1 of the Illinois Municipal Code.
        (4) A local government may accept donations of money or
    land for the purpose of addressing the affordable housing
    needs of individuals or households that may occupy
    low-income or moderate-income housing. These donations may
    include, without limitation, donations of money or land
    from persons in lieu of building affordable housing.
    (e) In order to encourage regional cooperation and the
maximum creation of affordable housing in areas lacking such
housing in the State of Illinois, any non-exempt local
government may enter into intergovernmental agreements under
subsection (e) of Section 25 with local governments within 10
miles of its corporate boundaries in order to create affordable
housing units to meet the goals of this Act. A non-exempt local
government may not enter into an intergovernmental agreement,
however, with any local government that contains more than 25%
affordable housing as determined under Section 20 of this Act.
All intergovernmental agreements entered into to create
affordable housing units to meet the goals of this Act must
also specify the basis for determining how many of the
affordable housing units created will be credited to each local
government participating in the agreement for purposes of
complying with this Act. All intergovernmental agreements
entered into to create affordable housing units to meet the
goals of this Act must also specify the anticipated number of
newly created affordable housing units that are to be credited
to each local government participating in the agreement for
purposes of complying with this Act. In specifying how many
affordable housing units will be credited to each local
government, the same affordable housing unit may not be counted
by more than one local government.
(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
 
    (310 ILCS 67/30)
    Sec. 30. Appeal to State Housing Appeals Board.
    (a) (Blank). Beginning January 1, 2006, an affordable
housing developer whose application is either denied or
approved with conditions that in his or her judgment render the
provision of affordable housing infeasible may, within 45 days
after the decision, submit to the State Housing Appeals Board
information regarding why the developer believes he or she was
unfairly denied or conditions were placed upon the tentative
approval of the development unless the local government that
rendered the decision is exempt under Section 15 or Section 20
of this Act. The Board shall maintain all information forwarded
to them by developers and shall compile and make available an
annual report summarizing the information thus received.
    (b) Beginning January 1, 2009, an affordable housing
developer whose application is either denied or approved with
conditions that in his or her judgment render the provision of
affordable housing infeasible may, within 45 days after the
decision, appeal to the State Housing Appeals Board challenging
that decision unless the municipality or county that rendered
the decision is exempt under Section 15 of this Act. The
developer must submit information regarding why the developer
believes he or she was unfairly denied or unreasonable
conditions were placed upon the tentative approval of the
development. In the case of local governments that are
determined by the Illinois Housing Development Authority under
Section 20 to be non-exempt for the first time based on the
recalculation of decennial census data after 2010, no developer
may appeal to the State Housing Appeals Board until 60 months
after a local government has been notified of its non-exempt
status.
    (c) Beginning January 1, 2009, the Board shall render a
decision on the appeal within 120 days after the appeal is
filed. In its determination of an appeal, the Board shall
conduct a de novo review of the matter. In rendering its
decision, the Board shall consider the facts and whether the
developer was treated in a manner that places an undue burden
on the development due to the fact that the development
contains affordable housing as defined in this Act. The Board
shall further consider any action taken by the unit of local
government in regards to granting waivers or variances that
would have the effect of creating or prohibiting the economic
viability of the development. In any proceeding before the
Board, the affordable housing developer bears the burden of
demonstrating that the proposed affordable housing development
(i) he or she has been unfairly denied or (ii) has had
unreasonable conditions have been placed upon it by the
decision of the local government the tentative approval for the
application for an affordable housing development.
    (d) The Board shall dismiss any appeal if:
        (i) the local government has adopted an affordable
    housing plan as defined in Section 25 of this Act and
    submitted that plan to the Illinois Housing Development
    Authority within the time frame required by this Act; and
        (ii) the local government has implemented its
    affordable housing plan and has met its goal as established
    in its affordable housing plan as defined in Section 25 of
    this Act.
    (e) The Board shall dismiss any appeal if the reason for
denying the application or placing conditions upon the approval
is a non-appealable local government requirement under Section
15 of this Act.
    (f) The Board may affirm, reverse, or modify the conditions
of, or add conditions to, a decision made by the approving
authority. The decision of the Board constitutes an order
directed to the approving authority and is binding on the local
government.
    (g) The appellate court has the exclusive jurisdiction to
review decisions of the Board. Any appeal to the Appellate
Court of a final ruling by the State Housing Appeals Board may
be heard only in the Appellate Court for the District in which
the local government involved in the appeal is located.
(Source: P.A. 93-595, eff. 1-1-04.)
 
    (310 ILCS 67/50)
    Sec. 50. Housing Appeals Board.
    (a) Prior to January 1, 2008 July 1, 2006, a Housing
Appeals Board shall be created consisting of 7 members
appointed by the Governor as follows:
        (1) a retired circuit judge or retired appellate judge,
    who shall act as chairperson;
        (2) a zoning board of appeals member;
        (3) a planning board member;
        (4) a mayor or municipal council or board member;
        (5) a county board member;
        (6) an affordable housing developer; and
        (7) an affordable housing advocate.
    In addition, the Chairman of the Illinois Housing
Development Authority, ex officio, shall serve as a non-voting
member. No more than 4 of the appointed members may be from the
same political party. Appointments under items (2), (3), and
(4) shall be from local governments that are not exempt under
this Act.
    (b) Initial terms of 4 members designated by the Governor
shall be for 2 years. Initial terms of 3 members designated by
the Governor shall be for one year. Thereafter, members shall
be appointed for terms of 2 years. A member shall receive no
compensation for his or her services, but shall be reimbursed
by the State for all reasonable expenses actually and
necessarily incurred in the performance of his or her official
duties. The board shall hear all petitions for review filed
under this Act and shall conduct all hearings in accordance
with the rules and regulations established by the chairperson.
The Illinois Housing Development Authority shall provide space
and clerical and other assistance that the Board may require.
    (c) (Blank). The Illinois Housing Development Authority
may adopt such other rules and regulations as it deems
necessary and appropriate to carry out the Board's
responsibilities under this Act and to provide direction to
local governments and affordable housing developers.
(Source: P.A. 93-595, eff. 1-1-04.)
 
    (310 ILCS 67/60 new)
    Sec. 60. Rulemaking authority. The Illinois Housing
Development Authority shall adopt other rules and regulations
as needed to carry out the Board's responsibilities under this
Act and to provide direction to local governments and
affordable housing developers.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2005