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Public Act 094-0965 |
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AN ACT concerning housing.
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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 1. Short title. This Act may be cited as the | ||||
Comprehensive Housing Planning Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Authority" means the Illinois Housing Development | ||||
Authority. | ||||
"Executive Committee" means the Executive Committee of the | ||||
State Housing Task Force, which shall consist of 13 members of | ||||
the State Housing Task Force: the Chair, the Vice-Chair, a | ||||
representative of the Governor's Office, a representative of | ||||
the Governor's Office of Management and Budget responsible for | ||||
Bond Cap allocation in the State, the Director of Commerce and | ||||
Economic Opportunity or his or her designee, the Secretary of | ||||
Human Services or his or her designee, and 7 housing experts | ||||
from the State Housing Task Force as designated by the | ||||
Governor. | ||||
"Interagency Subcommittee" means the Interagency | ||||
Subcommittee of the State Housing Task Force, which shall | ||||
consist of the following members or their designees: the | ||||
Executive Director of the Authority; the Secretaries of Human | ||||
Services and Transportation; the Directors of the State | ||||
Departments of Aging, Children and Family Services, Commerce | ||||
and Economic Opportunity, Financial and Professional | ||||
Regulation, Healthcare and Family Services, Human Rights, | ||||
Natural Resources, Public Health, and Veterans' Affairs; the | ||||
Director of the Environmental Protection Agency; a | ||||
representative of the Governor's Office; and a representative | ||||
of the Governor's Office of Management and Budget. | ||||
"State Housing Task Force" or "Task Force" means a task | ||||
force comprised of the following persons or their designees: |
the Executive Director of the Authority; a representative of | ||
the Governor's Office; a representative of the Lieutenant | ||
Governor's Office; the Secretaries of Human Services and | ||
Transportation; the Directors of the State Departments of | ||
Aging, Children and Family Services, Commerce and Economic | ||
Opportunity, Financial and Professional Regulation, Healthcare | ||
and Family Services, Human Rights, Natural Resources, Public | ||
Health, and Veterans' Affairs; the Director of the | ||
Environmental Protection Agency; and a representative of the | ||
Governor's Office of Management and Budget. The Governor may | ||
also invite and appoint the following to the Task Force: a | ||
representative of the Illinois Institute for Rural Affairs of | ||
Western Illinois University; representatives of the U. S. | ||
Departments of Housing and Urban Development (HUD) and | ||
Agriculture; and up to 18 housing experts, with proportional | ||
representation from urban, suburban, and rural areas | ||
throughout the State. The Speaker of the Illinois House of | ||
Representatives, the President of the Illinois Senate, the | ||
Minority Leader of the Illinois House of Representatives, and | ||
the Minority Leader of the Illinois Senate may each appoint one | ||
representative to the Task Force. The Executive Director of the | ||
Authority shall serve as Chair of the Task Force. The Governor | ||
shall appoint a housing expert from the non-governmental sector | ||
to serve as Vice-Chair.
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Section 10. Purpose. In order to maintain the economic | ||
health of its communities, the State must have a comprehensive | ||
and unified policy for the allocation of resources for | ||
affordable housing and supportive services for historically | ||
underserved populations throughout the State. Executive Order | ||
2003-18, issued September 16, 2003, created the Illinois | ||
Housing Initiative through December 31, 2008, which led to the | ||
adoption of the first Annual Comprehensive Housing Plan for the | ||
State of Illinois. The General Assembly determines that it is | ||
now necessary to codify provisions of Executive Order 2003-18 | ||
in order to accomplish the following: |
(1) address the need to make available quality housing | ||
at a variety of price points in communities throughout the | ||
State; | ||
(2) overcome the shortage of affordable housing, which | ||
threatens the viability of many communities; | ||
(3) meet the need for safe, sanitary, and accessible | ||
affordable housing and supportive services for people with | ||
disabilities; | ||
(4) promote a full range of quality housing choices | ||
near jobs, transit, and other amenities; | ||
(5) meet the needs of constituencies that have been | ||
historically underserved and segregated due to barriers | ||
and trends in the existing housing market or insufficient | ||
resources; | ||
(6) facilitate the preservation of ownership of | ||
existing homes and rental housing in communities; | ||
(7) create new housing opportunities and, where | ||
appropriate, promote mixed-income communities; and | ||
(8) encourage development of State incentives for | ||
communities to create a mix of housing to meet the needs of | ||
current and future residents.
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Section 15. Annual Comprehensive Housing Plan.
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(a) During the period from the effective date of this Act | ||
through June 30, 2016, the State of Illinois shall prepare and | ||
be guided by an annual comprehensive housing plan ("Annual | ||
Comprehensive Housing Plan") that is consistent with the | ||
affirmative fair housing provisions of the Illinois Human | ||
Rights Act and specifically addresses the following | ||
underserved populations: | ||
(1) households earning below 50% of the area median | ||
income, with particular emphasis on households earning | ||
below 30% of the area median income; | ||
(2) low-income senior citizens; | ||
(3) low-income persons with any form of disability, | ||
including, but not limited to, physical disability, |
developmental disability, mental illness, co-occurring | ||
mental illness and substance abuse disorder, and HIV/AIDS; | ||
(4) homeless persons and persons determined to be at | ||
risk of homelessness; | ||
(5) low-income and moderate-income persons unable to | ||
afford housing near work or transportation; and | ||
(6) low-income persons residing in existing affordable | ||
housing that is in danger of becoming unaffordable or being | ||
lost. | ||
(b) The Annual Comprehensive Housing Plan shall include, | ||
but need not be limited to, the following: | ||
(1) The identification of all funding sources for which | ||
the State has administrative control that are available for | ||
housing construction, rehabilitation, preservation, | ||
operating or rental subsidies, and supportive services. | ||
(2) Goals for the number and types of housing units to | ||
be constructed, preserved, or rehabilitated each year for | ||
the underserved populations identified in subsection (a) | ||
of Section 15, based on available housing resources. | ||
(3) Funding recommendations for types of programs for | ||
housing construction, preservation, rehabilitation, and | ||
supportive services, where necessary, related to the | ||
underserved populations identified in subsection (a) of | ||
Section 15, based on the Annual Comprehensive Housing Plan. | ||
(4) Specific actions needed to ensure the coordination | ||
of State government resources that can be used to build or | ||
preserve affordable housing, provide services to accompany | ||
the creation of affordable housing, and prevent | ||
homelessness. | ||
(5) Recommended State actions that promote the | ||
construction, preservation, and rehabilitation of | ||
affordable housing by private-sector, not-for-profit, and | ||
government entities and address those practices that | ||
impede such promotion. | ||
(6) Specific suggestions for incentives for counties | ||
and municipalities to develop and implement local |
comprehensive housing plans that would encourage a mix of | ||
housing to meet the needs of current and future residents.
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(7) Identification of options that counties, | ||
municipalities, and other local jurisdictions, including | ||
public housing authorities, can take to construct, | ||
rehabilitate, or preserve housing in their own communities | ||
for the underserved populations identified in Section 10 of | ||
this Act. | ||
(c) The Interagency Subcommittee, with staff support and | ||
coordination assistance from the Authority, shall develop the | ||
Annual Comprehensive Housing Plan. The State Housing Task Force | ||
shall provide advice and guidance to the Interagency | ||
Subcommittee in developing the Plan. The Interagency | ||
Subcommittee shall deliver the Annual Comprehensive Housing | ||
Plan to the Governor and the General Assembly by January 1 of | ||
each year or the first business day thereafter. The Authority, | ||
on behalf of the Interagency Subcommittee, shall prepare an | ||
interim report by September 30 and a final report by April 1 of | ||
the following year to the Governor and the General Assembly on | ||
the progress made toward achieving the projected goals of the | ||
Annual Comprehensive Housing Plan during the previous calendar | ||
year. These reports shall include estimates of revenues, | ||
expenditures, obligations, bond allocations, and fund balances | ||
for all programs or funds addressed in the Annual Comprehensive | ||
Housing Plan. | ||
(d) The Authority shall provide staffing to the Interagency | ||
Subcommittee, the Task Force, and the Executive Committee of | ||
the Task Force. It shall also provide the staff support needed | ||
to help coordinate the implementation of the Annual | ||
Comprehensive Housing Plan during the course of the year. The | ||
Authority shall be eligible for reimbursement of up to $300,000 | ||
per year for such staff support costs from a designated funding | ||
source, if available, or from the Illinois Affordable Housing | ||
Trust Fund.
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Section 20. Executive Committee.
The Executive Committee |
shall: | ||
(1) Oversee and structure the operations of the Task | ||
Force. | ||
(2) Create necessary subcommittees and appoint | ||
subcommittee members, with the advice of the Task Force and | ||
the Interagency Subcommittee, as the Executive Committee | ||
deems necessary. | ||
(3) Ensure adequate public input into the Annual | ||
Comprehensive Housing Plan. | ||
(4) Involve, to the extent possible, appropriate | ||
representatives of the federal government, local | ||
governments and municipalities, public housing | ||
authorities, local continuum-of-care, for-profit, and | ||
not-for-profit developers, supportive housing providers, | ||
business, labor, lenders, advocates for the underserved | ||
populations named in this Act, and fair housing agencies. | ||
(5) Have input into the development of the Annual | ||
Comprehensive Housing Plan and the Annual Report prepared | ||
by the Authority before the Authority submits them to the | ||
Task Force.
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Section 25. Interagency Subcommittee.
The Interagency | ||
Subcommittee and its member agencies shall: | ||
(1) Be responsible for providing the information | ||
needed to develop the Annual Comprehensive Housing Plan as | ||
well as the interim and final Plan reports. | ||
(2) Develop the Annual Comprehensive Housing Plan. | ||
(3) Oversee the implementation of the Plan by | ||
coordinating, streamlining, and prioritizing the | ||
allocation of available production, rehabilitation, | ||
preservation, financial, and service resources.
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Section 30. Notice of Funding Availability. The Authority, | ||
in consultation with other participating members of the | ||
Interagency Subcommittee, shall annually issue a joint Notice | ||
of Funding Availability ("NOFA") to notify potential |
applicants of funding for specific programs expected to be | ||
available through State agencies to meet housing and supportive | ||
service needs identified in the Annual Comprehensive Housing | ||
Plan. Prior to issuance of this NOFA, and before October 1 of | ||
each year, each Interagency Subcommittee member shall provide | ||
the Chairman of the Interagency Subcommittee with a report of | ||
funding earmarked for the NOFA, contingent on funding | ||
availability through annual appropriation. The Authority and | ||
other members of the Interagency Subcommittee may continue to | ||
provide additional opportunities for funding available under | ||
programs they administer, apart from this joint NOFA. The joint | ||
NOFA shall indicate the target number and types of housing | ||
units to be constructed, rehabilitated, preserved, and | ||
targeted for supportive services funding for the underserved | ||
populations. A NOFA may include, but need not be limited to, | ||
information regarding: | ||
(1) available funding for property acquisition, | ||
construction, rehabilitation, or preservation of each type | ||
of housing; | ||
(2) available funding for operating cost subsidies, | ||
including any rental assistance; | ||
(3) projected funding for supportive services for the | ||
targeted units upon their occupancy, subject to annual | ||
appropriation of funds; | ||
(4) the eligibility requirements for applicants; | ||
(5) relevant program guidelines; | ||
(6) selection criteria and the selection process; and | ||
(7) the conditions to be met by applicants and selected | ||
respondents.
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Each agency with authority for approving allocations of | ||
funds shall review proposed funding actions with the | ||
Interagency Subcommittee. Final funding decisions shall be | ||
made by the responsible agency in accordance with applicable | ||
law.
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Section 90. The Illinois Private Activity Bond Allocation |
Act is amended by adding Section 7.5 as follows: | ||
(30 ILCS 345/7.5 new)
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Sec. 7.5. Bond issuer; annual report. The issuer of bonds | ||
utilizing bond volume cap from the Local Government Pool and | ||
the State Agency Pool shall file, if the issuer utilized the | ||
bond volume cap for any housing purpose, an annual report with | ||
the Governor and the General Assembly. The annual report from | ||
each issuer must include, but is not limited to, the following | ||
information: | ||
(1) For multifamily rental units: | ||
(A) the total number of developments; | ||
(B) the total number of units, by income levels | ||
served; | ||
(C) the total number of units targeted to each | ||
particular underserved population addressed in the | ||
Annual Comprehensive Housing Plan; and | ||
(D) any outreach efforts undertaken to serve the | ||
targeted units. | ||
(2) For single family homeownership units: | ||
(A) the total number of loans and households who | ||
achieved homeownership with issuer bond proceeds; | ||
(B) the amounts of individual loans generated by | ||
the bond proceeds; | ||
(C) the actual and effective interest rates | ||
offered to borrowers; | ||
(D) the total number of assisted homeowners | ||
identified as an underserved population addressed in | ||
the Annual Comprehensive Housing Plan, when available; | ||
(E) the number of first-time homebuyers; and | ||
(F) the number of assisted homeowners who received | ||
any homeownership counseling. | ||
(3) For all housing units: | ||
(A) the percentage of bond proceeds used in | ||
conjunction with the projects and loans; | ||
(B) the total cost of issuance for the bonds |
issued; | ||
(C) the amount of bond proceeds, if any, used to | ||
refund prior bonds; and | ||
(D) the total amount of unused proceeds, if any, at | ||
the time of the report. | ||
The Governor and the General Assembly shall utilize | ||
information readily available through existing reporting | ||
requirements to report on the State Agency Pool.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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