SB0966ham001 94TH GENERAL ASSEMBLY

Rep. Kathleen A. Ryg

Filed: 5/12/2005

09400SB0966ham001 LRB094 04641 DRJ 46388 a

AMENDMENT TO SENATE BILL 966

AMENDMENT NO. ______. Amend Senate Bill 966 on page 4, line 25, by deleting "promote" and inserting instead "require"; and

on page 4, line 28, by deleting "building" and inserting instead "creating, establishing, or preserving"; and

on page 6, line 9, by deleting "promote" and inserting instead "require"; and

on page 6, line 12, by deleting "building" and inserting instead "creating, establishing, or preserving"; and

on page 10, by deleting lines 15 through 20 and inserting instead the following:

""Development" means any building, construction, renovation, or excavation or any material change in the use or appearance of any structure or in the land, itself; the division of land into parcels; or any change in the intensity or use of such structure or land, that results in a net increase in the number of dwelling units in a structure or on a parcel of land by more than one dwelling unit such as an increase in the number of dwelling units in a structure or a change to commercial use."; and

on page 10, line 28, after "separate fund", by inserting ", either"; and

on page 10, line 29, after "government", by inserting "or between local governments pursuant to intergovernmental agreement,"; and

on page 10, line 29, by deleting "purpose of" and inserting instead "purposes authorized in subsection (d) of Section 25, including, without limitation, the"; and

on page 10, line 30, after "disbursing", by inserting "of"; and

on page 11, line 20, by deleting "Upon"; and

on page 11, by deleting lines 21 through 26 and inserting instead "Any local government that is determined by the Illinois Housing Development Authority under Section 20 to be non-exempt for the first time based on the recalculation of decennial census data after 2010 shall have 18 months from the date of notification of its non-exempt status to approve an affordable housing plan under this Act."; and

on page 12, line 27, after "creation", by inserting ", establishment, or preservation"; and

on page 12, by deleting lines 31 through 33 and inserting instead:

"(1) Local governments may individually or jointly create or participate in a housing trust fund or otherwise provide funding or support for the purpose of supporting affordable housing, including, without limitation, to support the following affordable housing activities:"; and

on page 13, line 2, by deleting "vacant"; and

on page 13, line 12, by deleting "Capacity grants" and inserting instead "Grants or loans"; and

on page 13, line 13, by deleting "that are actively"; and

on page 13, by deleting lines 22 through 31 and inserting instead:

"(2) A local government may create a community land trust, which may: acquire developed or undeveloped interests in real property and hold them for affordable housing purposes; convey such interests under long-term leases, including ground leases; convey such interests for affordable housing purposes; and retain an option to reacquire any such real property interests at a price determined by a formula ensuring that such interests may be utilized for affordable housing purposes."; and

on page 13, line 33, by deleting "promote" and inserting instead "require"; and

on page 14, line 1, by deleting "in order to use those donations to address" and inserting instead "for the purpose of addressing"; and

on page 14, line 4, after "include", by inserting ", without limitation,"; and

on page 14, line 5, by deleting "developers" and inserting instead "persons"; and

on page 14, line 9, after "agreements", by inserting "under subsection (e) of Section 25"; and

on page 14, line 17, after "specify", by inserting "the basis for determining"; and

on page 14, line 20, after "Act.", by inserting "All intergovernmental agreements entered into to create affordable housing units to meet the goals of this Act must also specify the anticipated number of newly created affordable housing units that are to be credited to each local government participating in the agreement for purposes of complying with this Act."; and

on page 14, lines 23 and 24, by deleting "This subsection (e) is inoperative on and after January 1, 2010."; and

on page 15, line 16, by deleting "to be non-exempt for the first time"; and

on page 15, lines 17 and 18, by deleting "using new decennial census data," and inserting instead "to be non-exempt for the first time based on the recalculation of decennial census data after 2010,"; and

by replacing lines 21 through 36 on page 15, all of page 16, and line 1 on page 17 with the following:

"(c) Beginning January 1, 2009, the Board shall render a decision on the appeal within 120 days after the appeal is filed. In its determination of an appeal, the Board shall conduct a de novo review of the matter. In rendering its decision, the Board shall consider the facts and whether the developer was treated in a manner that places an undue burden on the development due to the fact that the development contains affordable housing as defined in this Act. The Board shall further consider any action taken by the unit of local government in regards to granting waivers or variances that would have the effect of creating or prohibiting the economic viability of the development. In any proceeding before the Board, the affordable housing developer bears the burden of demonstrating that the proposed affordable housing development (i) he or she has been unfairly denied or (ii) has had unreasonable conditions have been placed upon it by the decision of the local government the tentative approval for the application for an affordable housing development.".