Illinois-2023-SB3389-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3389

Introduced 2/8/2024, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

`70 ILCS 1707/10`
`70 ILCS 1707/15`
`70 ILCS 1707/25`
`70 ILCS 1707/60`
`70 ILCS 1707/62`
`70 ILCS 1707/63 rep.`
`70 ILCS 1707/70 rep.`

Amends the Regional Planning Act. Removes provisions relating to the Chicago Metropolitan Agency for Planning's Wastewater Committee. Provides that approval of four-fifths of the Board of the Chicago Metropolitan Agency for Planning members in office is necessary for the Board to take action regarding the Agency's budget and work plan, a regional plan, the annual federally funded program, the legislative agenda, and any matter regarding the executive director, but action on all other matters shall be taken in accordance with the Board's bylaws. Provides that the Board shall continue directly involving local elected officials in federal program allocation decisions for any other federally suballocated funding as required by law (rather than only directly involving local elected officials in federal program allocation decisions for the Surface Transportation Program and Congestion Mitigation and Air Quality funds). Repeals provisions relating to succession and transfers related to the Northeastern Illinois Planning Commission and a transition period of the Board. Provides that each General Assembly shall appropriate dedicated funding to the Chicago Metropolitan Agency for Planning to fulfill those functions and programs authorized by the Act (rather than additional funding shall be provided to the Agency to support those functions and programs authorized by the Act). Makes other changes.

LRB103 37651 AWJ 67778 b

A BILL FOR

SB3389

LRB103 37651 AWJ 67778 b

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 5. The Regional Planning Act is amended by

5 changing Sections 10, 15, 25, 60, and 62 as follows:

6 (70 ILCS 1707/10)

7 Sec. 10. Definitions.

8 "Board" means the Board of the Chicago Metropolitan Agency

9 for Planning.

10 "CMAP" means the Chicago Metropolitan Agency for Planning.

11 "Chief elected county official" means the Board Chair

12 ~~Chairman~~ in DuPage, Kane, Kendall, Lake, and McHenry Counties

13 and the County Executive in Will County.

14 "Fiscal year" means the fiscal year of the State.

15 "IDOT" means the Illinois Department of Transportation.

16 "MPO" means the metropolitan planning organization

17 designated under 23 U.S.C. 134.

18 "Members" means the members of the Board.

19 "Person" means an individual, partnership, firm, public or

20 private corporation, State agency, transportation agency, or

21 unit of local government.

22 "Policy Committee" means the decision-making body of the

23 MPO.

SB3389

- 2 -

LRB103 37651 AWJ 67778 b

1 "Region" or "northeastern Illinois region" means Cook,

2 DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.

3 "State agency" means "agency" as defined in Section 1-20

4 of the Illinois Administrative Procedure Act.

5 "Transportation agency" means the Regional Transportation

6 Authority and its Service Boards; the Illinois Toll Highway

7 Authority; the Illinois Department of Transportation; and the

8 transportation functions of units of local government.

9 "Unit of local government" means a unit of local

10 government, as defined in Section 1 of Article VII of the

11 Illinois Constitution, that is located within the jurisdiction

12 and area of operation of the Board.

13 "USDOT" means the United States Department of

14 Transportation.

15 (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

16 (70 ILCS 1707/15)

17 Sec. 15. Chicago Metropolitan Agency for Planning;

18 structure.

19 (a) The Chicago Metropolitan Agency for Planning is

20 established as a political subdivision, body politic, and

21 municipal corporation. The Board shall be responsible for

22 developing and adopting a funding and implementation strategy

23 for an integrated land use and transportation planning process

24 for the northeastern Illinois region.

25 (b) (Blank.)

SB3389

- 3 -

LRB103 37651 AWJ 67778 b

1 (c) The Board shall consist of 15 voting members as

2 follows:

3 (1) One member from DuPage County appointed

4 cooperatively by the mayors of DuPage County and the chief

5 elected county official of DuPage County.

6 (2) One member representing both Kane and Kendall

7 Counties appointed cooperatively by the mayors of Kane

8 County and Kendall County and the chief elected county

9 officials of Kane County and Kendall County.

10 (3) One member from Lake County appointed

11 cooperatively by the mayors of Lake County and the chief

12 elected county official of Lake County.

13 (4) One member from McHenry County appointed

14 cooperatively by the mayors of McHenry County and the

15 chief elected county official of McHenry County.

16 (5) One member from Will County appointed

17 cooperatively by the mayors of Will County and the chief

18 elected county official of Will County.

19 (6) Five members from the City of Chicago appointed by

20 the Mayor of the City of Chicago.

21 (7) One member from that portion of Cook County

22 outside of the City of Chicago appointed by the President

23 of the Cook County Board of Commissioners.

24 (8) Four members from that portion of Cook County

25 outside of the City of Chicago appointed, with the consent

26 of the President of the Cook County Board of

SB3389

- 4 -

LRB103 37651 AWJ 67778 b

1 Commissioners, as follows:

2 (i) One by the mayors representing those

3 communities in Cook County that are outside of the

4 City of Chicago and north of Devon Avenue.

5 (ii) One by the mayors representing those

6 communities in Cook County that are outside of the

7 City of Chicago, south of Devon Avenue, and north of

8 Interstate 55, and in addition the Village of Summit.

9 (iii) One by the mayors representing those

10 communities in Cook County that are outside of the

11 City of Chicago, south of Interstate 55, and west of

12 Interstate 57, excluding the communities of Summit,

13 Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and

14 Tinley Park.

15 (iv) One by the mayors representing those

16 communities in Cook County that are outside of the

17 City of Chicago and east of Interstate 57, and, in

18 addition, the communities of Dixmoor, Posen, Robbins,

19 Midlothian, Oak Forest, and Tinley Park.

20 The terms of the members initially appointed to the Board

21 shall begin within 60 days after this Act takes effect.

22 (d) The CMAP Board may appoint non-voting members of the

23 Board.

24 (e) (Blank). ~~(1) The CMAP Board shall create a Wastewater~~

25 ~~Committee with the responsibility of recommending directly to~~

26 ~~the Illinois Environmental Protection Agency (IEPA) the~~

SB3389

- 5 -

LRB103 37651 AWJ 67778 b

1 ~~appropriateness of proposed requests for modifications and~~

2 ~~amendments to the established boundaries of wastewater~~

3 ~~facility planning areas, requests for the creation of new~~

4 ~~wastewater facility planning areas, requests for the~~

5 ~~elimination of existing wastewater facility planning areas,~~

6 ~~requests for new or expanded sewage treatment facilities, or~~

7 ~~any other amendments to the State of Illinois Water Quality~~

8 ~~Management Plan required under the federal Clean Water Act.~~

9 ~~The Chairmanship of the Wastewater Committee shall rotate~~

10 ~~every 24 months between the individuals described in~~

11 ~~subsections (e)(2)(iv) and (e)(2)(v) with the individual~~

12 ~~identified in subsection (e)(2)(v) serving as chairman for the~~

13 ~~initial 24-month period commencing on the effective date of~~

14 ~~this amendatory Act of the 95th General Assembly.~~

15 ~~(2) The Wastewater Committee shall consist of 5~~

16 ~~members of the CMAP Board designated as follows:~~

17 ~~(i) One member of the Wastewater Committee shall~~

18 ~~be one of the CMAP Board members designated in~~

19 ~~subsection (c)(1) through (c)(5).~~

20 ~~(ii) One member of the Wastewater Committee shall~~

21 ~~be one of the CMAP Board members designated in~~

22 ~~subsection (c)(6).~~

23 ~~(iii) One member of the Wastewater Committee shall~~

24 ~~be one of the CMAP Board members designated in~~

25 ~~subsection (c)(7) or (c)(8).~~

26 ~~(iv) One member of the Wastewater Committee shall~~

SB3389

- 6 -

LRB103 37651 AWJ 67778 b

1 ~~be a person appointed by the President of the~~

2 ~~Metropolitan Water Reclamation District of Greater~~

3 ~~Chicago (and who does not need to serve on the CMAP~~

4 ~~Board).~~

5 ~~(v) One member of the Wastewater Committee shall~~

6 ~~be a person appointed by the President of the largest~~

7 ~~statewide association of wastewater agencies (and who~~

8 ~~does not need to serve on the CMAP Board).~~

9 ~~(3) Terms of the members of the Wastewater Committee~~

10 ~~shall be consistent with those identified in Section 25,~~

11 ~~except that the term of the member of the Wastewater~~

12 ~~Committee appointed by the President of the Metropolitan~~

13 ~~Water Reclamation District of Greater Chicago shall expire~~

14 ~~on July 1, 2009, and the term of the member of the~~

15 ~~Wastewater Committee appointed by the President of the~~

16 ~~largest statewide association of wastewater agencies shall~~

17 ~~expire on July 1, 2009.~~

18 (f) Concurrence of four-fifths of the Board members in

19 office is necessary for the Board to take action regarding the

20 Agency's budget and work plan, a regional plan, the annual

21 federally funded program, the legislative agenda, and any

22 matter regarding the executive director. Action on all other

23 matters shall be taken in accordance with the Board's bylaws

24 ~~With the exception of matters considered and recommended by~~

25 ~~the Wastewater Committee directly to the IEPA, which shall~~

26 ~~require only a concurrence of a simple majority of the~~

SB3389

- 7 -

LRB103 37651 AWJ 67778 b

1 ~~Wastewater Committee members in office, concurrence of~~

2 ~~four-fifths of the Board members in office is necessary for~~

3 ~~the Board to take any action~~.

4 (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

5 (70 ILCS 1707/25)

6 Sec. 25. Operations.

7 (a) Each appointing authority shall give notice of its

8 Board appointments to each other appointing authority, to the

9 Board, and to the Secretary of State. Within 30 days after his

10 or her appointment and before entering upon the duties of the

11 office, each Board member shall take and subscribe to the

12 constitutional oath of office and file it with the Secretary

13 of State. Board members shall hold office for a term of 4 years

14 or until successors are appointed and qualified. The terms of

15 the initial Board members shall expire as follows:

16 (1) The terms of the member from DuPage County and the

17 member representing both Kane and Kendall Counties shall

18 expire on July 1, 2007.

19 (2) The terms of those members from Lake, McHenry, and

20 Will Counties shall expire on July 1, 2009.

21 (3) As designated at the time of appointment, the

22 terms of 2 members from the City of Chicago shall expire on

23 July 1, 2007 and the terms of 3 members from the City of

24 Chicago shall expire on July 1, 2009.

25 (4) The term of the member appointed by the President

SB3389

- 8 -

LRB103 37651 AWJ 67778 b

1 of the Cook County Board of Commissioners shall expire on

2 July 1, 2007.

3 (5) The terms of those members appointed, with the

4 consent of the President of the Cook County Board of

5 Commissioners, by the mayors representing those

6 communities in Cook County that are outside of the City of

7 Chicago and north of Devon Avenue shall expire on July 1,

8 2007.

9 (6) The terms of those members appointed, with the

10 consent of the President of the Cook County Board of

11 Commissioners, by the mayors representing those

12 communities in Cook County that are outside of the City of

13 Chicago, south of Interstate 55, and west of Interstate

14 57, excluding the communities of Summit, Dixmoor, Posen,

15 Robbins, Midlothian, Oak Forest, and Tinley Park, shall

16 expire on July 1, 2007.

17 (7) The terms of those members appointed, with the

18 consent of the President of the Cook County Board of

19 Commissioners, by the mayor representing those communities

20 in Cook County that are outside of the City of Chicago,

21 south of Devon Avenue, and north of Interstate 55, and, in

22 addition, the Village of Summit, shall expire on July 1,

23 2009.

24 (8) The terms of those members appointed, with the

25 consent of the President of the Cook County Board of

26 Commissioners, by the mayors representing those

SB3389

- 9 -

LRB103 37651 AWJ 67778 b

1 communities in Cook County that are outside of the City of

2 Chicago and east of Interstate 57, and, in addition, the

3 communities of Dixmoor, Posen, Robbins, Midlothian, Oak

4 Forest, and Tinley Park, shall expire on July 1, 2009.

5 (b) If a vacancy occurs, the appropriate appointing

6 authority shall fill the vacancy by an appointment for the

7 unexpired term. Board members shall receive no compensation,

8 but shall be reimbursed for expenses incurred in the

9 performance of their duties.

10 (c) The Board shall be so appointed as to represent the

11 City of Chicago, that part of Cook County outside the City of

12 Chicago, and that part of the metropolitan region outside of

13 Cook County on a one person ~~man~~ one vote basis. Within 6 months

14 after the release of each certified federal decennial census,

15 the Board shall review its composition and, if a change is

16 necessary in order to comply with the representation

17 requirements of this subsection (c), shall recommend the

18 necessary revision for approval by the General Assembly.

19 (d) Regular meetings of the Board shall be held at least

20 once in each calendar quarter. The time and place of Board

21 meetings shall be fixed by resolution of the Board. Special

22 meetings of the Board may be called by the chair ~~chairman~~ or a

23 majority of the Board members. A written notice of the time and

24 place of any special meeting shall be provided to all Board

25 members at least 3 days prior to the date fixed for the

26 meeting, except that if the time and place of a special meeting

SB3389

- 10 -

LRB103 37651 AWJ 67778 b

1 is fixed at a regular meeting at which all Board members are

2 present, no such written notice is required. A majority of the

3 Board members in office constitutes a quorum for the purpose

4 of convening a meeting of the Board.

5 (e) The meetings of the Board shall be held in compliance

6 with the Open Meetings Act. The Board shall maintain records

7 in accordance with the provisions of the State Records Act.

8 (f) At its initial meeting and its first regular meeting

9 after July 1 of each year thereafter, the Board from its

10 membership shall appoint a chair ~~chairman~~ and may appoint vice

11 chairs ~~chairmen~~ and shall provide the term and duties of those

12 officers pursuant to its bylaws. Before entering upon duties

13 of office, the chair ~~chairman~~ shall execute a bond with

14 corporate sureties to be approved by the Board and shall file

15 it with the principal office of the Board. The bond shall be

16 payable to the Board in whatever penal sum may be directed and

17 shall be conditioned upon the faithful performance of the

18 duties of office and the payment of all money received by the

19 chair ~~chairman~~ according to law and the orders of the Board.

20 The Board may appoint, from time to time, an executive

21 committee and standing and ad hoc committees to assist in

22 carrying out its responsibilities.

23 (g) Open meetings of the Board shall be broadcast to the

24 public and maintained in real-time on the Board's website

25 using a high-speed Internet connection. Recordings of each

26 meeting broadcast shall be posted to the Board's website

SB3389

- 11 -

LRB103 37651 AWJ 67778 b

1 within a reasonable time after the meeting and shall be

2 maintained as public records to the extent practicable, as

3 determined by the Board. Compliance with the provisions of

4 this amendatory Act of the 100th General Assembly does not

5 relieve the Board of its obligations under the Open Meetings

6 Act.

7 (Source: P.A. 100-479, eff. 1-1-18.)

8 (70 ILCS 1707/60)

9 Sec. 60. Transportation decision-making.

10 (a) The Policy Committee is the federally designated

11 Metropolitan Planning Organization for the Chicago region

12 under the requirements of federal regulations promulgated by

13 USDOT. The Policy Committee shall approve all plans, reports,

14 and programs required of an MPO, including the federally

15 mandated Regional Transportation Plan, Transportation

16 Improvement Program and Unified Work Program.

17 (b) It is the intent of this Act that the transportation

18 planning and investment decision-making process be fully

19 integrated into the regional planning process.

20 (c) The Board, in cooperation with local governments and

21 transportation providers, shall develop and adopt a process

22 for making the transportation decisions that require final MPO

23 approval pursuant to federal law. That process shall comply

24 with all applicable federal requirements. The adopted process

25 shall ensure that all MPO plans, reports, and programs shall

SB3389

- 12 -

LRB103 37651 AWJ 67778 b

1 be approved by the CMAP Board prior to final approval by the

2 MPO.

3 (d) The Board shall continue directly involving local

4 elected officials in federal program allocation decisions for

5 the Surface Transportation Program, ~~and~~ Congestion Mitigation

6 and Air Quality funds, and any other federally suballocated

7 funding as required by law and in addressing other regional

8 transportation issues.

9 (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)

10 (70 ILCS 1707/62)

11 Sec. 62. Board Funding. In order to carry out any of the

12 powers or purposes of CMAP, the Board shall be involved in the

13 allocation of traditional sources of funds such as those from

14 the federal Metropolitan Planning Program and CMAQ as well as

15 non-traditional federal funds consistent with the Board's

16 broader mission. These funds may be supplemented by fees for

17 services and by grants from nongovernmental agencies. The

18 Board may also pursue and accept funding from State, regional,

19 and local sources in order to meet its planning objectives.

20 Each General Assembly shall appropriate dedicated funding

21 ~~Additional funding shall be provided~~ to CMAP to fulfill

22 ~~support~~ those functions and programs authorized by this Act.

23 (Source: P.A. 95-677, eff. 10-11-07.)

24 (70 ILCS 1707/63 rep.)

SB3389

- 13 -

LRB103 37651 AWJ 67778 b