Full Text of HB4638 103rd General Assembly
HB4638 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4638 Introduced 1/31/2024, by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: | | | 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. |
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| 1 | | AN ACT concerning local government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the Local | 5 | | Parking Regulation Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Commercial development project" means a development | 8 | | project that is undertaken for the development of land for | 9 | | commercial use. | 10 | | "Development project" means a project undertaken for the | 11 | | purpose of development of land. "Development project" includes | 12 | | (i) a project involving the issuance of a permit for | 13 | | construction or reconstruction, (ii) a housing development | 14 | | project, or (iii) a commercial development project. | 15 | | "Development project" does not include a project where any | 16 | | portion is designated for use as a hotel, motel, bed and | 17 | | breakfast inn, or other transient lodging, except where a | 18 | | portion of a housing development project is designated for use | 19 | | as a residential hotel. | 20 | | "Efficiency living unit" has the meaning ascribed to that | 21 | | term 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 | 2 | | low-income household" have the meanings ascribed to those | 3 | | terms in the Illinois Affordable Housing Act. | 4 | | "Event center" means a building or collection of buildings | 5 | | that is used exclusively or primarily for the holding of | 6 | | exhibitions, conventions, meetings, spectacles, concerts, or | 7 | | shows. | 8 | | "Housing development project" means a development project | 9 | | consisting of (i) residential units only, (ii) mixed-use | 10 | | developments consisting of residential and nonresidential uses | 11 | | with at least two-thirds of the square footage designated for | 12 | | residential use, or (iii) transitional housing or supportive | 13 | | housing. | 14 | | "Public transportation hub" means a rail transit station, | 15 | | a boat or ferry terminal served by either a bus connection stop | 16 | | or rail transit station, or a bus connection stop of 2 or more | 17 | | major bus routes with a frequency of bus service interval of 15 | 18 | | minutes or less during the morning and afternoon peak commute | 19 | | periods. | 20 | | "Residential hotel" means any building containing 6 or | 21 | | more guest rooms or efficiency living units that is used or | 22 | | intended or designed to be used, rented, hired out, or | 23 | | occupied for sleeping purposes by guests and that is also the | 24 | | primary residence of those guests. "Residential hotel" does | 25 | | not include any building containing 6 or more guest rooms or | 26 | | efficiency living units primarily used by transient guests who |
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| 1 | | do not occupy the building as their primary residence. | 2 | | Section 10. Minimum automobile parking requirements | 3 | | prohibited. Except as otherwise provided in Sections 15 and | 4 | | 20, a unit of local government may not impose or enforce any | 5 | | minimum automobile parking requirements on a development | 6 | | project if the project is located within one-half mile of a | 7 | | public transportation hub. | 8 | | Section 15. Allowed minimum automobile parking | 9 | | requirements. | 10 | | (a) A unit of local government may impose or enforce | 11 | | minimum automobile parking requirements in a development | 12 | | project that is located within one-half mile of a public | 13 | | transportation hub if the unit of local government makes | 14 | | written findings within 30 days after the receipt of a | 15 | | completed site plan application and the written findings are | 16 | | supported by a preponderance of the evidence in the record | 17 | | evidencing that imposing or enforcing any minimum automobile | 18 | | parking requirements on the development project would have a | 19 | | substantially negative impact on any of the following | 20 | | circumstances: | 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 | 4 | | minimum automobile parking requirements for a housing | 5 | | development project, notwithstanding the requirements of | 6 | | subsection (a), if the housing development project satisfies | 7 | | any 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 | 19 | | minimum automobile parking requirements. | 20 | | (a) An event center may be required, by local ordinance, | 21 | | to provide minimum automobile parking for employees and other | 22 | | workers. | 23 | | (b) This Act does not reduce, eliminate, or preclude the | 24 | | enforcement of any requirement imposed on a new multifamily | 25 | | residential or nonresidential development that is located |
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| 1 | | within one-half mile of a public transportation hub for the | 2 | | purpose of providing (i) parking spaces to charge electric | 3 | | vehicles or (ii) parking spaces that are accessible to persons | 4 | | with disabilities and that would have otherwise be required if | 5 | | this Act did not apply. | 6 | | (c) If a development project provides automobile parking | 7 | | voluntarily, a unit of local government may impose on the | 8 | | development project requirements for parking spaces to be made | 9 | | available for car share vehicles, for parking spaces to be | 10 | | shared with the public, or for parking spaces to be made | 11 | | available only for a fee. A unit of local government may not | 12 | | require voluntarily provided parking to be provided free of | 13 | | charge. | 14 | | (d) Section 10 does not apply to minimum automobile | 15 | | parking requirements if it conflicts with a contractual | 16 | | agreement or approved site plan with the unit of local | 17 | | government that was executed or approved on or before the | 18 | | effective date of this Act. However, Section 10 applies to an | 19 | | amendment or extension to the contractual agreement or | 20 | | approved site plan if the amendment or extension increases | 21 | | automobile parking requirements. | 22 | | (e) A development project may voluntarily build additional | 23 | | parking that is not shared with the public. | 24 | | Section 90. Home rule. A home rule unit may not regulate | 25 | | minimum automobile parking requirements in a manner |
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| 1 | | inconsistent with this Act. This Act is a limitation under | 2 | | subsection (i) of Section 6 of Article VII of the Illinois | 3 | | Constitution on the concurrent exercise by home rule units of | 4 | | powers and functions exercised by the State. | 5 | | Section 95. Conflict with other laws. To the extent that | 6 | | this Act conflicts with any other provision of law, this Act | 7 | | controls. | 8 | | Section 99. Effective date. This Act takes effect June 1, | 9 | | 2024. |
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