103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4638

 

Introduced 1/31/2024, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Parking Regulation 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. In addition to other listed exceptions and limitations, allows a unit of local government to impose or enforce minimum automobile parking requirements in a development project that is located within one-half mile of a public transportation hub if the unit makes written findings that not imposing or enforcing any minimum automobile parking requirements on the development project would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following circumstances: (1) the region's ability to meet its housing needs for low-income households and very low-income households; (2) the region's ability to meet its needs for elderly housing or housing for persons with disabilities; or (3) problems with existing residential parking or commercial parking within one-half mile of the development project. Limits the concurrent exercise of home rule powers. Defines terms. Effective June 1, 2024.


LRB103 35474 AWJ 65543 b

 

 

A BILL FOR

 

HB4638LRB103 35474 AWJ 65543 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Parking Regulation Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Commercial development project" means a development
8project that is undertaken for the development of land for
9commercial use.
10    "Development project" means a project undertaken for the
11purpose of development of land. "Development project" includes
12(i) a project involving the issuance of a permit for
13construction or reconstruction, (ii) a housing development
14project, or (iii) a commercial development project.
15"Development project" does not include a project where any
16portion is designated for use as a hotel, motel, bed and
17breakfast inn, or other transient lodging, except where a
18portion of a housing development project is designated for use
19as a residential hotel.
20    "Efficiency living unit" has the meaning ascribed to that
21term in the 2018 International Building Code, Sixth Version
22(November 2021).
23    "Elderly housing", "low-income household",

 

 

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1"moderate-income household", "multifamily housing", and "very
2low-income household" have the meanings ascribed to those
3terms in the Illinois Affordable Housing Act.
4    "Event center" means a building or collection of buildings
5that is used exclusively or primarily for the holding of
6exhibitions, conventions, meetings, spectacles, concerts, or
7shows.
8    "Housing development project" means a development project
9consisting of (i) residential units only, (ii) mixed-use
10developments consisting of residential and nonresidential uses
11with at least two-thirds of the square footage designated for
12residential use, or (iii) transitional housing or supportive
13housing.
14    "Public transportation hub" means a rail transit station,
15a boat or ferry terminal served by either a bus connection stop
16or rail transit station, or a bus connection stop of 2 or more
17major bus routes with a frequency of bus service interval of 15
18minutes or less during the morning and afternoon peak commute
19periods.
20    "Residential hotel" means any building containing 6 or
21more guest rooms or efficiency living units that is used or
22intended or designed to be used, rented, hired out, or
23occupied for sleeping purposes by guests and that is also the
24primary residence of those guests. "Residential hotel" does
25not include any building containing 6 or more guest rooms or
26efficiency living units primarily used by transient guests who

 

 

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1do not occupy the building as their primary residence.
 
2    Section 10. Minimum automobile parking requirements
3prohibited. Except as otherwise provided in Sections 15 and
420, a unit of local government may not impose or enforce any
5minimum automobile parking requirements on a development
6project if the project is located within one-half mile of a
7public transportation hub.
 
8    Section 15. Allowed minimum automobile parking
9requirements.
10    (a) A unit of local government may impose or enforce
11minimum automobile parking requirements in a development
12project that is located within one-half mile of a public
13transportation hub if the unit of local government makes
14written findings within 30 days after the receipt of a
15completed site plan application and the written findings are
16supported by a preponderance of the evidence in the record
17evidencing that imposing or enforcing any minimum automobile
18parking requirements on the development project would have a
19substantially negative impact on any of the following
20circumstances:
21        (1) the region's ability to meet its housing needs for
22    low-income households and very low-income households;
23        (2) the region's ability to meet its needs for elderly
24    housing or housing for persons with disabilities; or

 

 

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1        (3) existing residential or commercial parking within
2    one-half mile of the development project.
3    (b) A unit of local government may impose or enforce
4minimum automobile parking requirements for a housing
5development project, notwithstanding the requirements of
6subsection (a), if the housing development project satisfies
7any one or more of the following circumstances:
8        (1) The housing development dedicates a minimum of 20%
9    of the total number of housing units to very low-income
10    households, low-income households, moderate-income
11    households, students, the elderly, or persons with
12    disabilities.
13        (2) The housing development contains fewer than 20
14    housing units.
15        (3) The housing development is subject to parking
16    reductions based on the provisions of any other applicable
17    law.
 
18    Section 20. Other exceptions and limitations to prohibited
19minimum automobile parking requirements.
20    (a) An event center may be required, by local ordinance,
21to provide minimum automobile parking for employees and other
22workers.
23    (b) This Act does not reduce, eliminate, or preclude the
24enforcement of any requirement imposed on a new multifamily
25residential or nonresidential development that is located

 

 

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1within one-half mile of a public transportation hub for the
2purpose of providing (i) parking spaces to charge electric
3vehicles or (ii) parking spaces that are accessible to persons
4with disabilities and that would have otherwise be required if
5this Act did not apply.
6    (c) If a development project provides automobile parking
7voluntarily, a unit of local government may impose on the
8development project requirements for parking spaces to be made
9available for car share vehicles, for parking spaces to be
10shared with the public, or for parking spaces to be made
11available only for a fee. A unit of local government may not
12require voluntarily provided parking to be provided free of
13charge.
14    (d) Section 10 does not apply to minimum automobile
15parking requirements if it conflicts with a contractual
16agreement or approved site plan with the unit of local
17government that was executed or approved on or before the
18effective date of this Act. However, Section 10 applies to an
19amendment or extension to the contractual agreement or
20approved site plan if the amendment or extension increases
21automobile parking requirements.
22    (e) A development project may voluntarily build additional
23parking that is not shared with the public.
 
24    Section 90. Home rule. A home rule unit may not regulate
25minimum automobile parking requirements in a manner

 

 

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1inconsistent with this Act. This Act is a limitation under
2subsection (i) of Section 6 of Article VII of the Illinois
3Constitution on the concurrent exercise by home rule units of
4powers and functions exercised by the State.
 
5    Section 95. Conflict with other laws. To the extent that
6this Act conflicts with any other provision of law, this Act
7controls.
 
8    Section 99. Effective date. This Act takes effect June 1,
92024.