Illinois General Assembly - Full Text of HB3256

LRB104 11402 RTM 21490 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3256

Introduced 2/18/2025, by Rep. Kam Buckner and Michelle Mussman

SYNOPSIS AS INTRODUCED:

New Act

Creates the People Over Parking Act. Provides that, except as otherwise provided in the Act, a unit of local government may not impose or enforce any minimum automobile parking requirements on a development project if the project is located within one-half mile of a public transportation hub. Limits the concurrent exercise of home rule powers. Defines terms. Effective June 1, 2025.

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 1. Short title. This Act may be cited as the People Over Parking Act.

Section 5. Definitions. As used in this Act:

"Car share vehicles" means motor vehicles that are operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

"Commercial development project" means a development project that is undertaken for the development of land for commercial use, including residential housing, multi-family housing, mixed use housing, and non-residential commercial developments.

"Development project" means a project undertaken for the purpose of development of land. "Development project" includes (i) a project involving the issuance of a permit for construction or reconstruction, (ii) a housing development project, or (iii) a commercial development project. "Development project" does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel.

"Efficiency living unit" has the meaning ascribed to that term in the 2018 International Building Code, Sixth Version (November 2021).

"Elderly housing", "low-income household", "moderate-income household", "multifamily housing", and "very low-income household" have the meanings ascribed to those terms in the Illinois Affordable Housing Act.

"Housing development project" means a development project consisting of (i) residential units only, (ii) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, or (iii) transitional housing or supportive housing.

"Maximum automobile parking requirements" means any law, code, or policy which limits a maximum number of off-street, private parking spaces for new residential and commercial developments.

"Minimum automobile parking requirements" means any law, code, or policy which requires a minimum number of off-street, private parking spaces for new residential and commercial developments.

"On-street parking" means parking of vehicles on public streets or thoroughfares located within the physical boundaries of a municipality.

"Public transportation hub" means a rail transit station, a boat or ferry terminal served by either a bus connection stop or rail transit station, or a bus connection stop of 2 or more major bus routes with a frequency of bus service interval of 15 minutes or less during the morning and afternoon peak commute periods.

"Residential hotel" means any building containing 6 or more guest rooms or efficiency living units that is used or intended or designed to be used, rented, hired out, or occupied for sleeping purposes by guests and that is also the primary residence of those guests. "Residential hotel" does not include any building containing 6 or more guest rooms or efficiency living units primarily used by transient guests who do not occupy the building as their primary residence.

Section 10. Minimum automobile parking requirements prohibited. Except as otherwise provided in Section 15, a unit of local government may not impose or enforce any minimum automobile parking requirements on a development project if the project is located within one-half mile of a public transportation hub.

Section 15. Exceptions and limitations to prohibited minimum automobile parking requirements.

(a) If a development project provides automobile parking voluntarily, then a unit of local government may impose on the development project requirements for parking spaces to be made available for car share vehicles, for parking spaces to be shared with the public, or for parking spaces to be made available only for a fee. A unit of local government may not require voluntarily provided parking to be provided free of charge.

(b) Section 10 does not apply to minimum automobile parking requirements if it conflicts with a contractual agreement or approved site plan with the unit of local government that was executed or approved on or before the effective date of this Act. However, Section 10 applies to an amendment or extension to the contractual agreement or approved site plan if the amendment or extension increases automobile parking requirements.

(c) A development project may voluntarily build additional parking that is not shared with the public.

(d) Nothing in this Act shall be interpreted to prevent a unit of local government from regulating access to on-street parking.

(e) Nothing in this Act prevents a unit of local government from enacting or enforcing local laws that establish a maximum parking requirement.

(f) Nothing in this Act prevents a unit of local government from enacting or enforcing local laws that establish a minimum parking requirement for bicycles, including electric-assisted bicycles.

Section 90. Home rule. A home rule unit may not regulate minimum automobile parking requirements in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 95. Conflict with other laws. To the extent that this Act conflicts with any other provision of law, this Act controls.

Section 99. Effective date. This Act takes effect June 1, 2025.