Bill Text: IL SB3389 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that concurrence of four-fifths of the Board members of the Chicago Metropolitan Agency for Planning in office is necessary for the Board to take any action, except for decisions with regard to contracts, excluding contracts pertaining to the employment of the Executive Director, grants, purchase agreements, and meeting minutes, which shall require a simple majority vote of the Board members in office (rather than concurrence of four-fifths of the Board 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 and that action on all other matters shall be taken in accordance with the Board's bylaws). Removes changes requiring each General Assembly to appropriate dedicated funding to the Chicago Metropolitan Agency for Planning to fulfill those functions and programs authorized by the Act.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2024-05-03 - Committee Deadline Extended-Rule 9(b) May 10, 2024 [SB3389 Detail]

Download: Illinois-2023-SB3389-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regional Planning Act is amended by
changing Sections 10, 15, 25, and 60 as follows:
(70 ILCS 1707/10)
Sec. 10. Definitions.
"Board" means the Board of the Chicago Metropolitan Agency
for Planning.
"CMAP" means the Chicago Metropolitan Agency for Planning.
"Chief elected county official" means the Board Chair
Chairman in DuPage, Kane, Kendall, Lake, and McHenry Counties
and the County Executive in Will County.
"Fiscal year" means the fiscal year of the State.
"IDOT" means the Illinois Department of Transportation.
"MPO" means the metropolitan planning organization
designated under 23 U.S.C. 134.
"Members" means the members of the Board.
"Person" means an individual, partnership, firm, public or
private corporation, State agency, transportation agency, or
unit of local government.
"Policy Committee" means the decision-making body of the
MPO.

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"Region" or "northeastern Illinois region" means Cook,
DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
"State agency" means "agency" as defined in Section 1-20
of the Illinois Administrative Procedure Act.
"Transportation agency" means the Regional Transportation
Authority and its Service Boards; the Illinois Toll Highway
Authority; the Illinois Department of Transportation; and the
transportation functions of units of local government.
"Unit of local government" means a unit of local
government, as defined in Section 1 of Article VII of the
Illinois Constitution, that is located within the jurisdiction
and area of operation of the Board.
"USDOT" means the United States Department of
Transportation.
(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
(70 ILCS 1707/15)
Sec. 15. Chicago Metropolitan Agency for Planning;
structure.
(a) The Chicago Metropolitan Agency for Planning is
established as a political subdivision, body politic, and
municipal corporation. The Board shall be responsible for
developing and adopting a funding and implementation strategy
for an integrated land use and transportation planning process
for the northeastern Illinois region.
(b) (Blank.)

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(c) The Board shall consist of 15 voting members as
follows:
(1) One member from DuPage County appointed
cooperatively by the mayors of DuPage County and the chief
elected county official of DuPage County.
(2) One member representing both Kane and Kendall
Counties appointed cooperatively by the mayors of Kane
County and Kendall County and the chief elected county
officials of Kane County and Kendall County.
(3) One member from Lake County appointed
cooperatively by the mayors of Lake County and the chief
elected county official of Lake County.
(4) One member from McHenry County appointed
cooperatively by the mayors of McHenry County and the
chief elected county official of McHenry County.
(5) One member from Will County appointed
cooperatively by the mayors of Will County and the chief
elected county official of Will County.
(6) Five members from the City of Chicago appointed by
the Mayor of the City of Chicago.
(7) One member from that portion of Cook County
outside of the City of Chicago appointed by the President
of the Cook County Board of Commissioners.
(8) Four members from that portion of Cook County
outside of the City of Chicago appointed, with the consent
of the President of the Cook County Board of

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Commissioners, as follows:
(i) One by the mayors representing those
communities in Cook County that are outside of the
City of Chicago and north of Devon Avenue.
(ii) One by the mayors representing those
communities in Cook County that are outside of the
City of Chicago, south of Devon Avenue, and north of
Interstate 55, and in addition the Village of Summit.
(iii) One by the mayors representing those
communities in Cook County that are outside of the
City of Chicago, south of Interstate 55, and west of
Interstate 57, excluding the communities of Summit,
Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and
Tinley Park.
(iv) One by the mayors representing those
communities in Cook County that are outside of the
City of Chicago and east of Interstate 57, and, in
addition, the communities of Dixmoor, Posen, Robbins,
Midlothian, Oak Forest, and Tinley Park.
The terms of the members initially appointed to the Board
shall begin within 60 days after this Act takes effect.
(d) The CMAP Board may appoint non-voting members of the
Board.
(e) (Blank). (1) The CMAP Board shall create a Wastewater
Committee with the responsibility of recommending directly to
the Illinois Environmental Protection Agency (IEPA) the

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appropriateness of proposed requests for modifications and
amendments to the established boundaries of wastewater
facility planning areas, requests for the creation of new
wastewater facility planning areas, requests for the
elimination of existing wastewater facility planning areas,
requests for new or expanded sewage treatment facilities, or
any other amendments to the State of Illinois Water Quality
Management Plan required under the federal Clean Water Act.
The Chairmanship of the Wastewater Committee shall rotate
every 24 months between the individuals described in
subsections (e)(2)(iv) and (e)(2)(v) with the individual
identified in subsection (e)(2)(v) serving as chairman for the
initial 24-month period commencing on the effective date of
this amendatory Act of the 95th General Assembly.
(2) The Wastewater Committee shall consist of 5
members of the CMAP Board designated as follows:
(i) One member of the Wastewater Committee shall
be one of the CMAP Board members designated in
subsection (c)(1) through (c)(5).
(ii) One member of the Wastewater Committee shall
be one of the CMAP Board members designated in
subsection (c)(6).
(iii) One member of the Wastewater Committee shall
be one of the CMAP Board members designated in
subsection (c)(7) or (c)(8).
(iv) One member of the Wastewater Committee shall

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be a person appointed by the President of the
Metropolitan Water Reclamation District of Greater
Chicago (and who does not need to serve on the CMAP
Board).
(v) One member of the Wastewater Committee shall
be a person appointed by the President of the largest
statewide association of wastewater agencies (and who
does not need to serve on the CMAP Board).
(3) Terms of the members of the Wastewater Committee
shall be consistent with those identified in Section 25,
except that the term of the member of the Wastewater
Committee appointed by the President of the Metropolitan
Water Reclamation District of Greater Chicago shall expire
on July 1, 2009, and the term of the member of the
Wastewater Committee appointed by the President of the
largest statewide association of wastewater agencies shall
expire on July 1, 2009.
(f) Concurrence of four-fifths of the Board members in
office is necessary for the Board to take any action, except
for decisions with regard to contracts, excluding contracts
pertaining to the employment of the Executive Director,
grants, purchase agreements, and meeting minutes, which shall
require a simple majority vote of the Board members in office
With the exception of matters considered and recommended by
the Wastewater Committee directly to the IEPA, which shall
require only a concurrence of a simple majority of the

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Wastewater Committee members in office, concurrence of
four-fifths of the Board members in office is necessary for
the Board to take any action.
(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
(70 ILCS 1707/25)
Sec. 25. Operations.
(a) Each appointing authority shall give notice of its
Board appointments to each other appointing authority, to the
Board, and to the Secretary of State. Within 30 days after his
or her appointment and before entering upon the duties of the
office, each Board member shall take and subscribe to the
constitutional oath of office and file it with the Secretary
of State. Board members shall hold office for a term of 4 years
or until successors are appointed and qualified. The terms of
the initial Board members shall expire as follows:
(1) The terms of the member from DuPage County and the
member representing both Kane and Kendall Counties shall
expire on July 1, 2007.
(2) The terms of those members from Lake, McHenry, and
Will Counties shall expire on July 1, 2009.
(3) As designated at the time of appointment, the
terms of 2 members from the City of Chicago shall expire on
July 1, 2007 and the terms of 3 members from the City of
Chicago shall expire on July 1, 2009.
(4) The term of the member appointed by the President

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of the Cook County Board of Commissioners shall expire on
July 1, 2007.
(5) The terms of those members appointed, with the
consent of the President of the Cook County Board of
Commissioners, by the mayors representing those
communities in Cook County that are outside of the City of
Chicago and north of Devon Avenue shall expire on July 1,
2007.
(6) The terms of those members appointed, with the
consent of the President of the Cook County Board of
Commissioners, by the mayors representing those
communities in Cook County that are outside of the City of
Chicago, south of Interstate 55, and west of Interstate
57, excluding the communities of Summit, Dixmoor, Posen,
Robbins, Midlothian, Oak Forest, and Tinley Park, shall
expire on July 1, 2007.
(7) The terms of those members appointed, with the
consent of the President of the Cook County Board of
Commissioners, by the mayor representing those communities
in Cook County that are outside of the City of Chicago,
south of Devon Avenue, and north of Interstate 55, and, in
addition, the Village of Summit, shall expire on July 1,
2009.
(8) The terms of those members appointed, with the
consent of the President of the Cook County Board of
Commissioners, by the mayors representing those

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communities in Cook County that are outside of the City of
Chicago and east of Interstate 57, and, in addition, the
communities of Dixmoor, Posen, Robbins, Midlothian, Oak
Forest, and Tinley Park, shall expire on July 1, 2009.
(b) If a vacancy occurs, the appropriate appointing
authority shall fill the vacancy by an appointment for the
unexpired term. Board members shall receive no compensation,
but shall be reimbursed for expenses incurred in the
performance of their duties.
(c) The Board shall be so appointed as to represent the
City of Chicago, that part of Cook County outside the City of
Chicago, and that part of the metropolitan region outside of
Cook County on a one person man one vote basis. Within 6 months
after the release of each certified federal decennial census,
the Board shall review its composition and, if a change is
necessary in order to comply with the representation
requirements of this subsection (c), shall recommend the
necessary revision for approval by the General Assembly.
(d) Regular meetings of the Board shall be held at least
once in each calendar quarter. The time and place of Board
meetings shall be fixed by resolution of the Board. Special
meetings of the Board may be called by the chair chairman or a
majority of the Board members. A written notice of the time and
place of any special meeting shall be provided to all Board
members at least 3 days prior to the date fixed for the
meeting, except that if the time and place of a special meeting

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is fixed at a regular meeting at which all Board members are
present, no such written notice is required. A majority of the
Board members in office constitutes a quorum for the purpose
of convening a meeting of the Board.
(e) The meetings of the Board shall be held in compliance
with the Open Meetings Act. The Board shall maintain records
in accordance with the provisions of the State Records Act.
(f) At its initial meeting and its first regular meeting
after July 1 of each year thereafter, the Board from its
membership shall appoint a chair chairman and may appoint vice
chairs chairmen and shall provide the term and duties of those
officers pursuant to its bylaws. Before entering upon duties
of office, the chair chairman shall execute a bond with
corporate sureties to be approved by the Board and shall file
it with the principal office of the Board. The bond shall be
payable to the Board in whatever penal sum may be directed and
shall be conditioned upon the faithful performance of the
duties of office and the payment of all money received by the
chair chairman according to law and the orders of the Board.
The Board may appoint, from time to time, an executive
committee and standing and ad hoc committees to assist in
carrying out its responsibilities.
(g) Open meetings of the Board shall be broadcast to the
public and maintained in real-time on the Board's website
using a high-speed Internet connection. Recordings of each
meeting broadcast shall be posted to the Board's website

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within a reasonable time after the meeting and shall be
maintained as public records to the extent practicable, as
determined by the Board. Compliance with the provisions of
this amendatory Act of the 100th General Assembly does not
relieve the Board of its obligations under the Open Meetings
Act.
(Source: P.A. 100-479, eff. 1-1-18.)
(70 ILCS 1707/60)
Sec. 60. Transportation decision-making.
(a) The Policy Committee is the federally designated
Metropolitan Planning Organization for the Chicago region
under the requirements of federal regulations promulgated by
USDOT. The Policy Committee shall approve all plans, reports,
and programs required of an MPO, including the federally
mandated Regional Transportation Plan, Transportation
Improvement Program and Unified Work Program.
(b) It is the intent of this Act that the transportation
planning and investment decision-making process be fully
integrated into the regional planning process.
(c) The Board, in cooperation with local governments and
transportation providers, shall develop and adopt a process
for making the transportation decisions that require final MPO
approval pursuant to federal law. That process shall comply
with all applicable federal requirements. The adopted process
shall ensure that all MPO plans, reports, and programs shall

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be approved by the CMAP Board prior to final approval by the
MPO.
(d) The Board shall continue directly involving local
elected officials in federal program allocation decisions for
the Surface Transportation Program, and Congestion Mitigation
and Air Quality funds, and any other federally suballocated
funding as required by law and in addressing other regional
transportation issues.
(Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)