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Public Act 094-0510


 

Public Act 0510 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0510
 
HB3121 Enrolled LRB094 08447 DRH 38652 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Regional Planning Act.
 
    Section 5. Purpose. The General Assembly declares and
determines that a streamlined, consolidated regional planning
agency is necessary in order to plan for the most effective
public and private investments in the northeastern Illinois
region and to better integrate plans for land use and
transportation. It is the intent of the General Assembly to
consolidate, through an orderly transition, the functions of
the Northeastern Illinois Planning Commission (NIPC) and the
Chicago Area Transportation Study (CATS) in order to address
the development and transportation challenges in the
northeastern Illinois region.
 
    Section 10. Definitions.
    "Board" means the Regional Planning Board.
    "CATS" means the Chicago Area Transportation Study.
    "CATS Policy Committee" means the policy board of the
Chicago Area Transportation Study.
    "Chief elected county official" means the Board Chairman in
DuPage, Kane, Kendall, Lake, and McHenry Counties and the
County Executive in Will County.
    "Fiscal year" means the fiscal year of the State.
    "IDOT" means the Illinois Department of Transportation.
    "MPO" means the metropolitan planning organization
designated under 23 U.S.C. 134.
    "Members" means the members of the Regional Planning Board.
    "NIPC" means the Northeastern Illinois Planning
Commission.
    "Person" means an individual, partnership, firm, public or
private corporation, State agency, transportation agency, or
unit of local government.
    "Region" or "northeastern Illinois region" means Cook,
DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
    "State agency" means "agency" as defined in Section 1-20 of
the Illinois Administrative Procedure Act.
    "Transition period" means the period of time the Regional
Planning Board takes to fully implement the funding and
implementation strategy described under subsection (a) of
Section 15.
    "Transportation agency" means the Regional Transportation
Authority and its Service Boards; the Illinois Toll Highway
Authority; the Illinois Department of Transportation; and the
transportation functions of units of local government.
    "Unit of local government" means a unit of local
government, as defined in Section 1 of Article VII of the
Illinois Constitution, that is located within the jurisdiction
and area of operation of the Board.
    "USDOT" means the United States Department of
Transportation.
 
    Section 15. Regional Planning Board; powers.
    (a) The Regional Planning Board is established as a
political subdivision, body politic, and municipal
corporation. The Board shall be responsible for developing and
adopting a funding and implementation strategy for an
integrated land use and transportation planning process for the
northeastern Illinois region. The strategy shall include a
process for the orderly transition of the CATS Policy Committee
to be a standing transportation planning body of the Board and
NIPC to be a standing comprehensive planning body of the Board.
The CATS Policy Committee and NIPC shall continue to exist and
perform their duties throughout the transition period. The
strategy must also include recommendations for legislation for
transition, which must contain a complete description of
recommended comprehensive planning functions of the Board and
an associated funding strategy and recommendations related to
consolidating the functions of the Board, the CATS Policy
Committee, and NIPC. The Board shall submit its strategy to the
General Assembly no later than September 1, 2006.
    (b) The Regional Planning Board shall, in addition to those
powers enumerated elsewhere in this Act:
        (1) Provide a policy framework under which all regional
    plans are developed.
        (2) Coordinate regional transportation and land use
    planning.
        (3) Identify and promote regional priorities.
        (4) Serve as a single point of contact and direct all
    public involvement activities.
        (5) Create a Citizens' Advisory Committee.
    (c) The Board shall consist of 15 voting members as
follows:
        (1) One member from DuPage County appointed
    cooperatively by the mayors of DuPage County and the chief
    elected county official of DuPage County.
        (2) One member representing both Kane and Kendall
    Counties appointed cooperatively by the mayors of Kane
    County and Kendall County and the chief elected county
    officials of Kane County and Kendall County.
        (3) One member from Lake County appointed
    cooperatively by the mayors of Lake County and the chief
    elected county official of Lake County.
        (4) One member from McHenry County appointed
    cooperatively by the mayors of McHenry County and the chief
    elected county official of McHenry County.
        (5) One member from Will County appointed
    cooperatively by the mayors of Will County and the chief
    elected county official of Will County.
        (6) Five members from the City of Chicago appointed by
    the Mayor of the City of Chicago.
        (7) One member from that portion of Cook County outside
    of the City of Chicago appointed by the President of the
    Cook County Board of Commissioners.
        (8) Four members from that portion of Cook County
    outside of the City of Chicago appointed, with the consent
    of the President of the Cook County Board of Commissioners,
    as follows:
            (i) One by the mayors representing those
        communities in Cook County that are outside of the City
        of Chicago and north of Devon Avenue.
            (ii) One by the mayors representing those
        communities in Cook County that are outside of the City
        of Chicago, south of Devon Avenue, and north of
        Interstate 55, and in addition the Village of Summit.
            (iii) One by the mayors representing those
        communities in Cook County that are outside of the City
        of Chicago, south of Interstate 55, and west of
        Interstate 57, excluding the communities of Summit,
        Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
        Tinley Park.
            (iv) One by the mayors representing those
        communities in Cook County that are outside of the City
        of Chicago and east of Interstate 57, and, in addition,
        the communities of Dixmoor, Posen, Robbins,
        Midlothian, Oak Forest, and Tinley Park.
The terms of the members initially appointed to the Board shall
begin within 60 days after this Act takes effect.
    (d) The CATS Policy Committee and NIPC shall each appoint
one of their members to serve as a non-voting member of the
Regional Planning Board.
    (e) Concurrence of four-fifths of the Board members in
office is necessary for the Board to take any action, including
remanding regional plans with comments to the CATS Policy
Committee and NIPC.
 
    Section 20. Duties. In addition to those duties enumerated
elsewhere in this Act, the Regional Planning Board shall:
        (1) Hire an executive director to coordinate staff work
    of CATS and NIPC. The executive director shall hire a
    deputy for comprehensive planning and a deputy for
    transportation planning with the approval of NIPC and the
    CATS Policy Committee, respectively.
        (2) Merge the staffs of CATS and NIPC into a single
    staff over a transition period that protects current
    employees' benefits.
        (3) Secure agreements with funding agencies to provide
    support for Board operations.
        (4) Develop methods to handle operational and
    administrative matters relating to the transition,
    including labor and employment matters, pension benefits,
    equipment and technology, leases and contracts, office
    space, and excess property.
        (5) Notwithstanding any other provision of law to the
    contrary, within 180 days after this Act becomes law,
    locate the staffs of CATS and NIPC within the same office.
 
    Section 25. Operations.
    (a) Each appointing authority shall give notice of its
Board appointments to each other appointing authority, to the
Board, and to the Secretary of State. Within 30 days after his
or her appointment and before entering upon the duties of the
office, each Board member shall take and subscribe to the
constitutional oath of office and file it with the Secretary of
State. Board members shall hold office for a term of 4 years or
until successors are appointed and qualified. The terms of the
initial Board members shall expire as follows:
        (1) The terms of the member from DuPage County and the
    member representing both Kane and Kendall Counties shall
    expire on July 1, 2007.
        (2) The terms of those members from Lake, McHenry, and
    Will Counties shall expire on July 1, 2009.
        (3) As designated at the time of appointment, the terms
    of 2 members from the City of Chicago shall expire on July
    1, 2007 and the terms of 3 members from the City of Chicago
    shall expire on July 1, 2009.
        (4) The term of the member appointed by the President
    of the Cook County Board of Commissioners shall expire on
    July 1, 2007.
        (5) The terms of those members appointed, with the
    consent of the President of the Cook County Board of
    Commissioners, by the mayors representing those
    communities in Cook County that are outside of the City of
    Chicago and north of Devon Avenue shall expire on July 1,
    2007.
        (6) The terms of those members appointed, with the
    consent of the President of the Cook County Board of
    Commissioners, by the mayors representing those
    communities in Cook County that are outside of the City of
    Chicago, south of Interstate 55, and west of Interstate 57,
    excluding the communities of Summit, Dixmoor, Posen,
    Robbins, Midlothian, Oak Forest, and Tinley Park, shall
    expire on July 1, 2007.
        (7) The terms of those members appointed, with the
    consent of the President of the Cook County Board of
    Commissioners, by the mayor representing those communities
    in Cook County that are outside of the City of Chicago,
    south of Devon Avenue, and north of Interstate 55, and, in
    addition, the Village of Summit, shall expire on July 1,
    2009.
        (8) The terms of those members appointed, with the
    consent of the President of the Cook County Board of
    Commissioners, by the mayors representing those
    communities in Cook County that are outside of the City of
    Chicago and east of Interstate 57, and, in addition, the
    communities of Dixmoor, Posen, Robbins, Midlothian, Oak
    Forest, and Tinley Park, shall expire on July 1, 2009.
    (b) If a vacancy occurs, the appropriate appointing
authority shall fill the vacancy by an appointment for the
unexpired term. Board members shall receive no compensation,
but shall be reimbursed for expenses incurred in the
performance of their duties.
    (c) The Board shall be so appointed as to represent the
City of Chicago, that part of Cook County outside the City of
Chicago, and that part of the metropolitan region outside of
Cook County on a one man one vote basis. Within 6 months after
the release of each certified federal decennial census, the
Board shall review its composition and, if a change is
necessary in order to comply with the representation
requirements of this subsection (c), shall recommend the
necessary revision for approval by the General Assembly.
    (d) Regular meetings of the Board shall be held at least
once in each calendar quarter. The time and place of Board
meetings shall be fixed by resolution of the Board. Special
meetings of the Board may be called by the chairman or a
majority of the Board members. A written notice of the time and
place of any special meeting shall be provided to all Board
members at least 3 days prior to the date fixed for the
meeting, except that if the time and place of a special meeting
is fixed at a regular meeting at which all Board members are
present, no such written notice is required. A majority of the
Board members in office constitutes a quorum for the purpose of
convening a meeting of the Board.
    (e) The meetings of the Board shall be held in compliance
with the Open Meetings Act. The Board shall maintain records in
accordance with the provisions of the State Records Act.
    (f) At its initial meeting and its first regular meeting
after July 1 of each year thereafter, the Board shall appoint
from its membership a chairman and vice chairman and shall
provide the term and duties of those officers pursuant to its
bylaws. The vice chairman shall act as chairman during the
absence or disability of the chairman and in case of
resignation or death of the chairman. Before entering upon
duties of office, the chairman shall execute a bond with
corporate sureties to be approved by the Board and shall file
it with the principal office of the Board. The bond shall be
payable to the Board in whatever penal sum may be directed and
shall be conditioned upon the faithful performance of the
duties of office and the payment of all money received by the
chairman according to law and the orders of the Board. The
Board may appoint, from time to time, an executive committee
and standing and ad hoc committees to assist in carrying out
its responsibilities.
 
    Section 30. Jurisdiction and area of operation. The
jurisdiction and area of operation of the Board includes Cook,
DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The
Board may enter into agreements with units of local government
located outside of, but contiguous to, its jurisdiction and
area of operation in order to include those areas in plans for
the region. For activities related to the MPO, the jurisdiction
of the MPO shall be that area defined by federal requirements.
 
    Section 35. General powers and authority. In addition to
any other rights, powers, duties, or obligations granted to the
Board under this Act or specifically granted to the Board under
any other law, the Board has all of the following general
powers and authority:
        (1) To sue and be sued in its official name.
        (2) To enter into agreements with units of local
    government, transportation agencies, State agencies,
    federal agencies, and persons in order to implement any of
    the provisions of this Act, including agreements for
    specialized planning services.
        (3) To accept and expend, for purposes consistent with
    the purposes of this Act, funds and moneys from any source,
    including gifts, bequests, grants, appropriations, loans,
    or contributions made by any person, unit of local
    government, the State, or the federal government.
        (4) To enter into contracts or other transactions with
    any unit of local government, transportation agency, State
    agency, public or private organization, or any other source
    in furtherance of the purpose of this Act, and to take any
    necessary action in order to avail itself of such aid and
    cooperation.
        (5) To purchase, receive, take by grant, gift, devise,
    or bequest, lease, or otherwise acquire, own, hold,
    improve, employ, use, and otherwise deal in and with real
    or personal property, or any interest therein, wherever
    situated.
        (6) To adopt, alter, or repeal its own bylaws and any
    rules that the Board deems necessary in governing the
    exercise of its authority and the performance of its duties
    under this Act.
        (7) To make purchases under this Act in compliance with
    the Local Government Prompt Payment Act.
        (8) To adopt an annual operating budget and work
    program for each fiscal year and make appropriations in
    accordance with the Illinois Municipal Budget Law and to
    have the power to expend such budgeted moneys.
        (9) To exercise any other implied powers that are
    necessary or convenient for the Board to accomplish its
    purposes and that are not inconsistent with its expressed
    powers.
        (10) To cooperate with any planning agency of a state
    contiguous to the region in order to integrate and
    coordinate plans for development of urban areas in that
    state with the regional comprehensive plan developed under
    this Act.
 
    Section 40. Public participation; public hearing;
Citizens' Advisory Committee.
    (a) The Board shall develop, implement, and maintain a
process of public participation designed to: (i) inform and
involve the public in all of the public activities and
decisions of the Board; (ii) provide access to public records
and information maintained by the Board; and (iii) provide
mechanisms for public suggestions. The Board shall serve as the
single point of contact and direct all public involvement
activities.
    (b) In connection with its review and development of any
regional plans and prior to any plan's approval, the Board must
hold a public hearing. Notice of the time, date, and place set
for the hearing must be published in a newspaper having a
general circulation within the Chicago region at least 30 days
prior to the date of the hearing. The notice must contain a
short explanation of the purpose of the hearing. The hearing
may be continued, as deemed necessary by the Board.
    (c) The Board shall create a standing Citizens' Advisory
Committee to provide continuous and balanced public
representation in the development of regional plans and
policies.
 
    Section 45. Regional comprehensive plan. At intervals not
to exceed every 5 years, the Board shall develop a regional
comprehensive plan that integrates land use and
transportation. The regional comprehensive plan and any
modifications to it shall be developed cooperatively by the
Board, the CATS Policy Committee, and NIPC with the involvement
of citizens, units of local government, business and labor
organizations, environmental organizations, transportation and
planning agencies, State agencies, private and civic
organizations, public and private providers of transportation,
and land preservation agencies. Units of local government shall
continue to maintain control over land use and zoning
decisions.
 
    Section 50. Coordinated regional advocacy.
    (a) The Board shall be responsible for identifying regional
priorities and providing coordinated advocacy of regional
priorities. The Board shall act to ensure that regional
priorities are supported by consistent information and that
plans of various agencies related to those regional priorities
are fully integrated.
    (b) The Board shall annually publish a list of regional
priorities and major public projects for which it is providing
coordinated regional advocacy.
 
    Section 55. Transportation financial plan.
    (a) Concurrent with preparation of the regional
transportation and comprehensive plans, the Board shall
prepare and adopt, in cooperation with the CATS Policy
Committee, a transportation financial plan for the region in
accordance with federal and State laws, rules, and regulations.
    (b) The transportation financial plan shall address the
following matters related to the transportation agencies: (i)
adequacy of funding to meet identified needs; and (ii)
allocation of funds to regional priorities.
    (c) The transportation financial plan may propose
recommendations for additional funding by the federal
government, the State, or units of local government that may be
necessary to fully implement regional plans.
 
    Section 60. Metropolitan planning organization.
    (a) It is the intent of this Act that the CATS Policy
Committee, as the Transportation Planning Committee for the
Board, remain the federally designated Metropolitan Planning
Organization for the Chicago region under the requirements of
federal regulations promulgated by USDOT. The CATS Policy
Committee shall prepare and approve all plans, reports, and
programs required of an MPO, including the federally mandated
Regional Transportation Plan, Transportation Improvement
Program and Unified Work Program.
    (b) The processes previously established by the CATS Policy
Committee shall be continued as the means by which local
elected officials program federal Surface Transportation
Program and Congestion, Mitigation, and Air Quality funds and
address other regional transportation issues.
 
    Section 65. Annual report. The Board shall prepare,
publish, and distribute an annual report and any other reports
and plans that relate to the purpose of this Act.
 
    Section 70. Transition period. The transition period must
end no later than 36 months after the initial appointment of
the Board, provided that sufficient funding sources have been
identified and implemented. The Board must fully implement the
funding and implementation strategy it is charged with
developing and adopting in subsection (a) of Section 15 by the
end of the transition period.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2005