HB6848 93RD GENERAL ASSEMBLY

LRB093 21192 MKM 47275 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6848

Introduced 02/09/04, by Ricca Slone

SYNOPSIS AS INTRODUCED:

20 ILCS 662/33 new
20 ILCS 3005/2.8 new
50 ILCS 15/1	from Ch. 85, par. 1021
55 ILCS 5/5-1130 new

Amends the Local Planning Technical Assistance Act. Requires the Department of Commerce and Economic Opportunity, through the Opportunity Returns Economic Development Regions established by the Governor, to designate certain units of local government and areas of the State as regional priority funding areas in which State infrastructure resources should be focused. Requires the Department to give preference to certain units of local government and areas of the State. Authorizes the Department to make grants to units of local government designated as, or within areas designated as, regional priority funding areas for the expansion or improvement of public infrastructure. Authorizes a unit of local government designated as, or within an area designated as, a regional priority funding area to impose reasonable impact fees on private developers for public infrastructure outlays and to share in infrastructure maintenance costs. Authorizes the Department to promulgate rules necessary to implement and administer these provisions. Amends the Governor's Office of Management and Budget Act. Provides that if a Department or Agency of the State has received negative interagency review comments or findings, then the Office must review those comments and findings before funding may be authorized for the proposed project or activity. Amends the Regional Planning Commission Act and the Counties Code. Authorizes a county board to establish an Intergovernmental Cooperation Council to develop and recommend various plans for the coordination of land use, transportation, and infrastructure. Authorizes the Council to (i) serve as a county's regional planning commission, (ii) recommend future municipal boundaries, and (iii) recommend an intergovernmental review process for land use and a voluntary, non-binding resolution process for intergovernmental disputes over land use. Provides that a unit of local government in a county that has established a Council and has met other qualifications shall be given priority for State grants and State programs.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Local Planning Technical Assistance Act is amended by adding Section 33 as follows:

(20 ILCS 662/33 new)

Sec. 33. Regional priority funding areas.

(a) The Department, through the Opportunity Returns Economic Development Regions established by the Governor, shall designate certain units of local government and areas of the State as regional priority funding areas in which State infrastructure resources should be focused. In designating regional priority funding areas, preference shall be given to (i) units of local government and areas where there is existing public infrastructure, including, without limitation, sewers, roads, street lighting and street signals, schools, and emergency response systems, (ii) units of local government that have adopted zoning ordinances or resolutions or other ordinances or resolutions that promote compact development, including, but not limited to, ordinances or resolutions that reduce street widths, lot sizes, parking requirements, and set-backs, and (iii) units of local government participating in an Intergovernmental Cooperation Council established under Section 5-1130 of the Counties Code.

(b) The Department, from funds appropriated for this purpose, is authorized to make grants to units of local government designated as, or within areas designated as, regional priority funding areas for the expansion or improvement of public infrastructure.

(c) A unit of local government that is, or that is within an area that is, designated as a regional priority funding area is authorized to impose reasonable impact fees on private developers for all public infrastructure outlays and to share in the maintenance costs for that infrastructure.

(d) The Department may promulgate rules necessary to implement and administer this Section.

Section 10. The Governor's Office of Management and Budget Act is amended by adding Section 2.8 as follows:

(20 ILCS 3005/2.8 new)

Sec. 2.8. Authorization of funding for proposed projects or activities; review of negative interagency review comments and findings. If a Department or Agency of the State has conducted an interagency review of a proposed project or activity and if the Department or Agency has received negative comments or findings as a result of that interagency review, then the Office must review those comments and findings before funding may be authorized for the proposed project or activity.

Section 15. The Regional Planning Commission Act is amended by changing Section 1 as follows:

(50 ILCS 15/1) (from Ch. 85, par. 1021)

Sec. 1. Governing bodies of counties, cities, or other local governmental units, when authorized by the Department of Commerce and Community Affairs, may cooperate with the governing bodies of the counties and cities or other governing bodies of any adjoining state or states in the creation of a joint planning commission where such cooperation has been authorized by law by the adjoining state or states. Such a joint planning commission may be designated to be a regional or metropolitan planning commission and shall have powers, duties and functions as authorized by "An Act to provide for regional planning and for the creation, organization and powers of regional planning commissions", approved June 25, 1929, as heretofore or hereafter amended, and, as agreed among the governing bodies. Such a planning commission shall be a legal entity for all purposes.

An Intergovernmental Cooperation Council created in accordance with Section 5-1130 of the Counties Code may serve as the planning commission if so designated by the county board as provided in that Section.

(Source: P.A. 81-1509; revised 12-6-03.)

Section 20. The Counties Code is amended by adding Section 5-1130 as follows:

(55 ILCS 5/5-1130 new)

Sec. 5-1130. Intergovernmental Cooperation Council.

(a) The purpose of this Section is to provide a framework and incentives for intergovernmental cooperation for development and implementation of coordinated land use, transportation, and infrastructure plans that reduce traffic congestion, conserve land, provide housing conveniently accessible to jobs, and make the most efficient use of public infrastructure investments.

(b) A county board may, by resolution, establish an Intergovernmental Cooperation Council ("Council") with its membership consisting of the mayor of each municipality within the county, up to 6 county board members, and such other members as may be determined by the county and municipal members. The county board members shall be appointed by the chairman of the county board. Within 60 days after the establishment of an Intergovernmental Cooperation Council in accordance with this Section, the Council must notify the Opportunity Returns Economic Development Region established by the Governor of the establishment of the Council and the identity of the Council members.

Each municipal and county board representative shall be entitled to a vote; the other members shall be nonvoting members, unless authorized to vote by the unanimous consent of the voting members.

A municipality that is located in more than one county may choose, at the time of formation of the Council, to participate in the Council program of either or both of the counties.

The Council shall adopt by-laws, by a majority vote of the county and municipal members, to govern the functions of the Council and its subcommittees.

Officers of the Council shall include a chair and vice chair, one of whom shall be a county representative and one a municipal representative.

Principal duties of the Council, as further described in this Section, shall be (i) to develop coordinated land use, transportation, and infrastructure plans and intergovernmental Local Land Resource Management Plans that include the elements required to be included in a comprehensive plan under Section 25 of the Local Planning Technical Assistance Act and that foster intergovernmental cooperation and (ii) to direct implementation and revision of the plans and procedures.

The Council may retain planning, mediation, negotiation, engineering, legal, and financial advisors and administrative personnel, subject to the budgetary, purchasing, and personnel policies of the county.

The Council shall meet at least quarterly and shall hold at least one public hearing during the preparation of each plan.

(c) The county board may, by resolution, assign the Intergovernmental Cooperation Council to serve as the county regional planning commission as provided in Division 5-14 and in the Regional Planning Commission Act. In counties exercising this option, the Council shall assume all the duties and responsibilities of the county regional planning commission and the Local Land Resource Management Plan shall meet the requirements of and serve as the county regional plan as provided in Section 5-14001.

(d) The Intergovernmental Cooperation Council shall have the responsibility to prepare, for recommendation to the county board, a Local Land Resource Management Plan for all or substantial portions of the county. The Local Land Resource Management Plan shall, to the greatest extent practical, include coordinated land use, transportation, and infrastructure plans and encourage development and redevelopment patterns that reduce traffic congestion, support transit, conserve land, protect natural resources, provide housing conveniently accessible to jobs, and make the most efficient use of public infrastructure investments. The Local Land Resource Management Plan should incorporate (i) municipal and intergovernmental plans and other countywide plans and (ii) the elements required to be included in a comprehensive plan under Section 25 of the Local Planning Technical Assistance Act, to the greatest extent practical.

(e) The Intergovernmental Cooperation Council may prepare, for recommendation to the county board, a plan for projected future municipal boundaries. The future municipal boundaries plan should indicate land that is reasonably compact and contiguous to the existing municipal boundaries where a particular municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services. The plan for projected future municipal boundaries should reflect the county's responsibility to manage growth, protect natural resources, and preserve agricultural, forest, recreational, and wildlife management lands in territories outside of current and future municipal boundaries in a manner consistent with the Local Land Resource Management Plan.

(f) The Intergovernmental Cooperation Council may prepare, for recommendation to the county board, a procedure for intergovernmental cooperation that provides for:

(1) an efficient and timely process for intergovernmental review of public and private land use, development, and transportation proposals with greater than local impacts; and

(2) a voluntary procedure for early resolution of intergovernmental disputes regarding public and private land use, development, transportation, and annexation actions, prior to administrative or judicial hearings.

Public and private land use, development, and transportation proposals with greater than local impact shall require notification to interested governments, which shall include, at a minimum: (i) any local government with jurisdiction over the property in question; (ii) the county; (iii) adjacent municipalities; (iv) the Metropolitan Planning Organization or any other regional transportation agency; (v) any regional planning agency established by State law having jurisdiction for the county; (vi) the Governor's Office of Management and Budget; (vii) the Illinois Departments of Transportation, Natural Resources, Agriculture, and Commerce and Economic Opportunity, and (viii) the Illinois Environmental Protection Agency. It shall be the responsibility of the Intergovernmental Cooperation Council to establish definitions and procedures for implementation of this subsection. The notification requirement shall extend to any local development project that (i) receives State funding or requires State regulatory approval and (ii) meets certain threshold conditions as to size and probable impact as defined by the Intergovernmental Cooperation Council. Within 45 days after notification, notified entities must prepare and submit comments. The sponsoring government may hold a meeting with interested parties to discuss and seek resolution of issues raised in the comments. Completion of notification and responsiveness to comments shall enhance the priority position for State funding in support of the proposed project.

(g) An Intergovernmental Cooperation Council may develop a procedure providing for the early voluntary resolution of intergovernmental disputes. These procedures shall allow local governmental entities to request the Council to review disputes regarding public and private land use, development, transportation, and annexation actions, prior to seeking administrative or judicial hearings. The Council shall review actions only if each party to the dispute requests it. In conducting the review, the Council shall provide each party the opportunity to present its case. In making its finding the Council shall determine whether the proposed action on the part of the first party does in fact have a negative impact on the second party, and if so, identify an appropriate mitigation or alternative course of action. In making its decision, the Council shall consider the adopted Local Land Resource Management Plan and any other plans prepared by the Council. The Council shall forward its written findings to the governing body of each party. The findings of the Council shall be non-binding and shall in no case affect the ability of each party to pursue other administrative or judicial hearings, unless otherwise agreed in writing by each party.

(h) In the preparation of its plans, the Intergovernmental Cooperation Council shall coordinate the planning process with any regional or multi-county planning agency having jurisdiction for the county and shall coordinate with each adjoining county to ensure that recommended plans and projects have minimum adverse impacts. An adopted Local Land Resource Management Plan and any other plan prepared by the Council shall identify steps taken to coordinate the development of plan recommendations with adjoining counties and any regional or multi-county planning agency having jurisdiction for the county.

(i) A unit of local government shall receive priority consideration for State grants and other State programs if the affected unit of local government is located in a county that has: (i) established an Intergovernmental Cooperation Council; (ii) adopted a Local Land Resource Management Plan that has been deemed to be "joint and compatible" by resolution of the affected unit of local government; and (iii) established procedures for intergovernmental review.

(j) All plans developed and all priorities established in accordance with this Section should be reviewed by the Opportunity Returns Economic Development Regions established by the Governor.

(k) The powers granted under this Section are in addition to any other powers granted under any other law.