093_HB3400ham001

 










                                     LRB093 11206 MKM 12582 a

 1                    AMENDMENT TO HOUSE BILL 3400

 2        AMENDMENT NO.     .  Amend House Bill 3400  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Regional  Planning  Commission  Act is
 5    amended by changing Section 1 as follows:

 6        (50 ILCS 15/1) (from Ch. 85, par. 1021)
 7        Sec. 1. Governing bodies of counties,  cities,  or  other
 8    local  governmental  units, when authorized by the Department
 9    of Commerce and Community Affairs,  may  cooperate  with  the
10    governing   bodies  of  the  counties  and  cities  or  other
11    governing bodies of any adjoining  state  or  states  in  the
12    creation   of   a   joint   planning  commission  where  such
13    cooperation has been authorized by law by the adjoining state
14    or states. Such a joint planning commission may be designated
15    to be a regional  or  metropolitan  planning  commission  and
16    shall  have powers, duties and functions as authorized by "An
17    Act to provide for regional planning and  for  the  creation,
18    organization  and  powers  of regional planning commissions",
19    approved June 25, 1929, as heretofore or  hereafter  amended,
20    and,  as  agreed  among the governing bodies. Such a planning
21    commission shall be a legal entity for all purposes.
22        An  intergovernmental  cooperation  council  created   in
 
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 1    accordance with Section 5-1130 of the Counties Code may serve
 2    as  the  planning  commission  if so designated by the county
 3    board as provided in that Section.
 4    (Source: P.A. 81-1509.)

 5        Section 10.  The  Counties  Code  is  amended  by  adding
 6    Section 5-1130 as follows:

 7        (55 ILCS 5/5-1130 new)
 8        Sec. 5-1130.  Intergovernmental Cooperation Council.
 9        (a)  The   purpose  of  this  Section  is  to  provide  a
10    framework and incentives  for  intergovernmental  cooperation
11    for  development  and implementation of coordinated land use,
12    transportation, and infrastructure plans that reduce  traffic
13    congestion,   conserve  land,  provide  housing  conveniently
14    accessible to jobs,  and  develop  efficient  and  economical
15    infrastructure.
16        (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 and
19    at least 6 county board members.  The  county  board  members
20    shall be appointed by the chairman of the county board.
21        Each  municipal and county board member shall be entitled
22    to a vote. Other members shall be nonvoting  members,  unless
23    authorized  to  vote  by  the unanimous consent of the voting
24    members.
25        A municipality that is located in more  than  one  county
26    may  choose,  at  the  time  of  formation of the Council, to
27    participate in the Council program of either or both  of  the
28    counties.
29        Subcommittees  of the Council may be established to serve
30    a portion of the county or a particular area that has similar
31    intergovernmental cooperation needs. The Council shall  adopt
32    bylaws,  by  a  majority  vote  of  the  county and municipal
 
                            -3-      LRB093 11206 MKM 12582 a
 1    members, to govern the  functions  of  the  Council  and  its
 2    subcommittees.
 3        Officers  of  the  Council shall include a chair and vice
 4    chair, one of whom shall be a county representative and one a
 5    municipal representative.
 6        Principal duties of the Council, as further described  in
 7    this  Section,  shall be (i) to develop coordinated land use,
 8    transportation, and infrastructure  plans,  intergovernmental
 9    Local  Land  Resource  Management  Plans, and other plans and
10    procedures for intergovernmental cooperation that incorporate
11    the elements required for a comprehensive plan  funded  under
12    Section 15 of the Local Planning Technical Assistance Act for
13    presentation  to and approval by the county board and (ii) to
14    direct  implementation  and  revision  of   the   plans   and
15    procedures.
16        The  Council may retain planning, mediation, negotiation,
17    engineering, legal, and financial advisors and administrative
18    personnel,  subject  to  the   budgetary,   purchasing,   and
19    personnel policies of the county.
20        The  Council shall meet at least quarterly and shall hold
21    at least one public meeting during the  preparation  of  each
22    plan prior to submission of a plan to the county board.
23        (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
27    exercising this option, the  Council  shall  assume  all  the
28    duties  and  responsibilities of the county regional planning
29    commission and the Local Land Resource Management Plan  shall
30    meet  the  requirements  of  and serve as the county regional
31    plan as provided in Section 5-14001.
32        (d)  The Intergovernmental Cooperation Council shall have
33    the responsibility to  prepare,  for  recommendation  to  the
34    county  board,  a Local Land Resource Management Plan for all
 
                            -4-      LRB093 11206 MKM 12582 a
 1    or substantial  portions  of  the  county.   The  Local  Land
 2    Resource  Management  Plan  shall,  to  the  greatest  extent
 3    practical,  include coordinated land use, transportation, and
 4    infrastructure   plans   and    provide    development    and
 5    redevelopment   patterns   that  reduce  traffic  congestion,
 6    support transit, conserve land,  protect  natural  resources,
 7    provide housing conveniently accessible to jobs, and make the
 8    most  efficient use of public infrastructure investments. The
 9    Local  Land  Resource  Management  Plan  should   incorporate
10    municipal  and  intergovernmental  plans and other countywide
11    plans, to the greatest extent practical.
12        (e)  The  Intergovernmental   Cooperation   Council   may
13    prepare,  for  recommendation to the county board, a plan for
14    projected future municipal boundaries.  The future  municipal
15    boundaries  plan  should  indicate  land  that  is reasonably
16    compact and contiguous to the existing  municipal  boundaries
17    in  which  a  particular  municipality  is  better  able  and
18    prepared   than   other  municipalities  to  efficiently  and
19    effectively provide urban services. The  plan  for  projected
20    future  municipal  boundaries  should  reflect  the  county's
21    responsibility  to  manage  growth, protect natural resources
22    and   wetlands,   and    preserve    agricultural,    forest,
23    recreational,  and  wildlife  management lands in territories
24    outside of current  and  future  municipal  boundaries  in  a
25    manner  consistent  with  the  Local Land Resource Management
26    Plan.
27        (f)  The  Intergovernmental   Cooperation   Council   may
28    prepare,  for recommendation to the county board, a procedure
29    for intergovernmental cooperation that provides for:
30             (1)  efficient and timely  intergovernmental  review
31        of   public   and  private  land  use,  development,  and
32        transportation actions with greater than  local  impacts;
33        and
34             (2)  a  voluntary  procedure for early resolution of
 
                            -5-      LRB093 11206 MKM 12582 a
 1        intergovernmental disputes regarding public  and  private
 2        land  use,  development,  transportation,  and annexation
 3        actions, prior to administrative or judicial hearings.
 4        Public   and   private   land   use,   development,   and
 5    transportation actions with greater than local  impact  shall
 6    require  notification  to interested governments, which shall
 7    include at a minimum: any local government with  jurisdiction
 8    over   the   property   in  question:  the  county;  adjacent
 9    municipalities; the Metropolitan Planning Organization or any
10    other regional transportation agency; any  regional  planning
11    agency  established  by State law having jurisdiction for the
12    county;  and  the  Illinois  Department  of   Transportation,
13    Illinois Department of Natural Resources, Illinois Department
14    of Agriculture, Illinois Environmental Protection Agency, and
15    Illinois  Department  of  Commerce and Community Affairs.  It
16    shall  be  the  responsibility   of   the   Intergovernmental
17    Cooperation  Council  to establish definitions and procedures
18    for implementation  of  this  subsection.   The  notification
19    requirement  shall  extend  to  any local development project
20    that (i) receives State funding or requires State  regulatory
21    approval  and  (ii)  meets certain threshold conditions as to
22    size and probable impact as defined by the  Intergovernmental
23    Cooperation  Council.    Within  45  days after notification,
24    notified entities  must  prepare  and  submit  comments.  The
25    sponsoring  government  may  hold  a  meeting with interested
26    parties to discuss and seek resolution of  issues  raised  in
27    the  comments.  Completion of this notification process shall
28    enhance the priority position for State funding in support of
29    the proposed project.
30        An Intergovernmental Cooperation Council  may  develop  a
31    procedure  providing  for  the  early voluntary resolution of
32    intergovernmental disputes.   These  procedures  shall  allow
33    local  governmental entities to request the Council to review
34    disputes regarding public and private land use,  development,
 
                            -6-      LRB093 11206 MKM 12582 a
 1    transportation,  and  annexation  actions,  prior  to seeking
 2    administrative  or  judicial  hearings.   The  Council  shall
 3    review actions only if each party to the dispute requests it.
 4    In conducting the review,  the  Council  shall  provide  each
 5    party  the  opportunity  to  present its case.  In making its
 6    finding the Council shall determine whether the action on the
 7    part of the first party does in fact have a  negative  impact
 8    on  the  second  party,  and  if  so, identify an appropriate
 9    mitigation or alternative course of action.   In  making  its
10    decision,  the  Council shall consider the adopted Local Land
11    Resource Management Plan and any other plans prepared by  the
12    Council.   The  Council shall forward its written findings to
13    the governing body  of  each  party.   The  findings  of  the
14    Council  shall be non-binding and shall in no case affect the
15    ability of each  party  to  pursue  other  administrative  or
16    judicial hearings, unless otherwise agreed in writing by each
17    party.
18        (g)  In    the    preparation    of    its   plans,   the
19    Intergovernmental Cooperation Council  shall  coordinate  the
20    planning  process  with any regional or multi-county planning
21    agency  having  jurisdiction  for  the   county   and   shall
22    coordinate   with   each  adjoining  county  to  ensure  that
23    recommended plans and projects have minimum adverse  impacts.
24    An  adopted Local Land Resource Management Plan and any other
25    plan prepared by the Council shall identify  steps  taken  to
26    coordinate  the  development  of  plan  recommendations  with
27    adjoining  counties and any regional or multi-county planning
28    agency having jurisdiction for the county.
29        (h)  For  purposes  of  implementing  this  Section,  the
30    county board of  any  county  that  has  (i)  established  an
31    Intergovernmental   Cooperation   Council,   (ii)  adopted  a
32    county-wide Local Land Resource Management  Plan,  and  (iii)
33    established   procedures  for  intergovernmental  review  may
34    impose taxes and assess fees in  excess  of  other  statutory
 
                            -7-      LRB093 11206 MKM 12582 a
 1    limitations  if such taxes or fees have been submitted to the
 2    electors of that county and approved by a majority  of  those
 3    voting  on  the  question.   The  proceeds of such tax or fee
 4    shall be placed in a special  fund  for  capital  improvement
 5    projects  and  other  implementation strategies identified in
 6    plans prepared by the  Council  and  adopted  by  the  county
 7    board.   Capital   improvement  and  implementation  projects
 8    include, but are not  limited  to:  transportation  projects;
 9    stormwater  management  projects; water and sewer facilities;
10    physical infrastructure  improvements  to  support  community
11    revitalization; improvements that enable convenient access to
12    jobs   and   transit;  regional  recreation  facilities;  and
13    acquisition of natural resource land and open space.
14        (i)  A unit of local government  shall  receive  priority
15    consideration  for  State  grants and other State programs if
16    the affected unit of local government is located in a  county
17    that  has:  (i)  established an Intergovernmental Cooperation
18    Council; (ii) adopted a Local Land Resource  Management  Plan
19    that  has  been  deemed  to  be  "joint  and  compatible"  by
20    resolution  of  the  affected  unit  of local government; and
21    (iii) established procedures for intergovernmental review.
22        (j)  The  powers  granted  under  this  Section  are   in
23    addition to any other powers granted under any other law.".