103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1348

 

Introduced 2/6/2023, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 65/18.1 new

    Amends the Illinois Affordable Housing Act. Provides that the Illinois Housing Development Authority may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, the development and improvement of land, and the construction of dwelling units, regardless of whether or not the project receives funding under this Act, if: (1) the Illinois Housing Development Authority finds the housing project is consistent with the purpose and intent of the Act and meets minimum requirements of health and safety; (2) the development of the proposed housing project does not contravene any safety standards, tariffs, rates, or fees approved by the Illinois Commerce Commission for public utilities or of the various community water supply advisory boards; and (3) the legislative body of the county in which the housing project is to be situated approves the project with or without modifications. Provides that the Affordable Housing Advisory Commission shall approve, approve with modification, or disapprove a boundary change within 45 days after the Illinois Housing Development Authority has submitted a petition to the Commission. Provides that if, on the 46th day, the petition is not disapproved, it shall be deemed approved by the Commission.


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A BILL FOR

 

SB1348LRB103 27366 KTG 53738 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Affordable Housing Act is amended
5by adding Section 18.1 as follows:
 
6    (310 ILCS 65/18.1 new)
7    Sec. 18.1. Exemption from statutes, ordinances, charter
8provisions, and rules.    
9    (a) As used in this Section, "government assistance
10program" means a housing program qualified by the Illinois
11Housing Development Authority and administered or operated by
12the Illinois Housing Development Authority or the U.S.
13Department of Housing and Urban Development or any of their
14political subdivisions, agencies, or instrumentalities,
15corporate or otherwise.
16    (b) The Illinois Housing Development Authority may develop
17on behalf of the State or with an eligible developer, or may
18assist under a government assistance program in the
19development of, housing projects that shall be exempt from all
20statutes, ordinances, charter provisions, and rules of any
21governmental agency relating to planning, zoning, construction
22standards for subdivisions, the development and improvement of
23land, and the construction of dwelling units thereon,

 

 

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1regardless of whether or not the project receives funding
2under this Act, if all of the following is satisfied:
3        (1) The Illinois Housing Development Authority finds
4    the housing project is consistent with the purpose and
5    intent of this Act and meets minimum requirements of
6    health and safety.
7        (2) The development of the proposed housing project
8    does not contravene any safety standards, tariffs, rates,
9    or fees approved by the Illinois Commerce Commission for
10    public utilities or of the various community water supply
11    advisory boards.
12        (3) The legislative body of the county in which the
13    housing project is to be situated approves the project
14    with or without modifications.
15            (A) The legislative body shall approve, approve
16        with modification, or disapprove the project by
17        resolution within 45 days after the Illinois Housing
18        Development Authority has submitted the preliminary
19        plans and specifications for the project to the
20        legislative body. If on the 46th day a project is not
21        disapproved, it shall be deemed approved by the
22        legislative body.
23            (B) No action shall be prosecuted or maintained
24        against any county, its officials, or employees on
25        account of actions taken by them in reviewing,
26        approving, modifying, or disapproving the plans and

 

 

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1        specifications.
2            (C) The final plans and specifications for the
3        project shall be deemed approved by the legislative
4        body if the final plans and specifications do not
5        substantially deviate from the preliminary plans and
6        specifications. The final plans and specifications for
7        the project shall constitute the zoning, building,
8        construction, and subdivision standards for that
9        project. The Executive Director of the Illinois
10        Housing Development Authority or the responsible
11        county official may certify maps and plans of lands
12        connected with the project as having complied with
13        applicable laws and ordinances relating to
14        consolidation and subdivision of lands, and the maps
15        and plans shall be accepted for registration or
16        recordation by the county's Office of Recorder of
17        Deeds.
18    (c) The Affordable Housing Advisory Commission shall
19approve, approve with modification, or disapprove a boundary
20change within 45 days after the Illinois Housing Development
21Authority has submitted a petition to the Commission. If, on
22the 46th day, the petition is not disapproved, it shall be
23deemed approved by the Commission.