Bill Amendment: IL HB5078 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGIONAL PLANNING ACT-CMAP
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0847 [HB5078 Detail]
Download: Illinois-2023-HB5078-House_Amendment_001.html
Bill Title: REGIONAL PLANNING ACT-CMAP
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0847 [HB5078 Detail]
Download: Illinois-2023-HB5078-House_Amendment_001.html
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5078 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5078 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Regional Planning Act is amended by | ||||||
5 | changing Sections 10, 15, 25, and 60 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 |
| |||||||
| |||||||
1 | designated under 23 U.S.C. 134. | ||||||
2 | "Members" means the members of the Board. | ||||||
3 | "Person" means an individual, partnership, firm, public or | ||||||
4 | private corporation, State agency, transportation agency, or | ||||||
5 | unit of local government. | ||||||
6 | "Policy Committee" means the decision-making body of the | ||||||
7 | MPO. | ||||||
8 | "Region" or "northeastern Illinois region" means Cook, | ||||||
9 | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. | ||||||
10 | "State agency" means "agency" as defined in Section 1-20 | ||||||
11 | of the Illinois Administrative Procedure Act. | ||||||
12 | "Transportation agency" means the Regional Transportation | ||||||
13 | Authority and its Service Boards; the Illinois Toll Highway | ||||||
14 | Authority; the Illinois Department of Transportation; and the | ||||||
15 | transportation functions of units of local government. | ||||||
16 | "Unit of local government" means a unit of local | ||||||
17 | government, as defined in Section 1 of Article VII of the | ||||||
18 | Illinois Constitution, that is located within the jurisdiction | ||||||
19 | and area of operation of the Board. | ||||||
20 | "USDOT" means the United States Department of | ||||||
21 | Transportation. | ||||||
22 | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
| ||||||
23 | (70 ILCS 1707/15) | ||||||
24 | Sec. 15. Chicago Metropolitan Agency for Planning; | ||||||
25 | structure. |
| |||||||
| |||||||
1 | (a) The Chicago Metropolitan Agency for Planning is | ||||||
2 | established as a political subdivision, body politic, and | ||||||
3 | municipal corporation. The Board shall be responsible for | ||||||
4 | developing and adopting a funding and implementation strategy | ||||||
5 | for an integrated land use and transportation planning process | ||||||
6 | for the northeastern Illinois region. | ||||||
7 | (b) (Blank.) | ||||||
8 | (c) The Board shall consist of 15 voting members as | ||||||
9 | follows: | ||||||
10 | (1) One member from DuPage County appointed | ||||||
11 | cooperatively by the mayors of DuPage County and the chief | ||||||
12 | elected county official of DuPage County. | ||||||
13 | (2) One member representing both Kane and Kendall | ||||||
14 | Counties appointed cooperatively by the mayors of Kane | ||||||
15 | County and Kendall County and the chief elected county | ||||||
16 | officials of Kane County and Kendall County. | ||||||
17 | (3) One member from Lake County appointed | ||||||
18 | cooperatively by the mayors of Lake County and the chief | ||||||
19 | elected county official of Lake County. | ||||||
20 | (4) One member from McHenry County appointed | ||||||
21 | cooperatively by the mayors of McHenry County and the | ||||||
22 | chief elected county official of McHenry County. | ||||||
23 | (5) One member from Will County appointed | ||||||
24 | cooperatively by the mayors of Will County and the chief | ||||||
25 | elected county official of Will County. | ||||||
26 | (6) Five members from the City of Chicago appointed by |
| |||||||
| |||||||
1 | the Mayor of the City of Chicago. | ||||||
2 | (7) One member from that portion of Cook County | ||||||
3 | outside of the City of Chicago appointed by the President | ||||||
4 | of the Cook County Board of Commissioners. | ||||||
5 | (8) Four members from that portion of Cook County | ||||||
6 | outside of the City of Chicago appointed, with the consent | ||||||
7 | of the President of the Cook County Board of | ||||||
8 | Commissioners, as follows: | ||||||
9 | (i) One by the mayors representing those | ||||||
10 | communities in Cook County that are outside of the | ||||||
11 | City of Chicago and north of Devon Avenue. | ||||||
12 | (ii) One by the mayors representing those | ||||||
13 | communities in Cook County that are outside of the | ||||||
14 | City of Chicago, south of Devon Avenue, and north of | ||||||
15 | Interstate 55, and in addition the Village of Summit. | ||||||
16 | (iii) One by the mayors representing those | ||||||
17 | communities in Cook County that are outside of the | ||||||
18 | City of Chicago, south of Interstate 55, and west of | ||||||
19 | Interstate 57, excluding the communities of Summit, | ||||||
20 | Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | ||||||
21 | Tinley Park. | ||||||
22 | (iv) One by the mayors representing those | ||||||
23 | communities in Cook County that are outside of the | ||||||
24 | City of Chicago and east of Interstate 57, and, in | ||||||
25 | addition, the communities of Dixmoor, Posen, Robbins, | ||||||
26 | Midlothian, Oak Forest, and Tinley Park. |
| |||||||
| |||||||
1 | The terms of the members initially appointed to the Board | ||||||
2 | shall begin within 60 days after this Act takes effect. | ||||||
3 | (d) The CMAP Board may appoint non-voting members of the | ||||||
4 | Board. | ||||||
5 | (e) (Blank). (1) The CMAP Board shall create a Wastewater | ||||||
6 | Committee with the responsibility of recommending directly to | ||||||
7 | the Illinois Environmental Protection Agency (IEPA) the | ||||||
8 | appropriateness of proposed requests for modifications and | ||||||
9 | amendments to the established boundaries of wastewater | ||||||
10 | facility planning areas, requests for the creation of new | ||||||
11 | wastewater facility planning areas, requests for the | ||||||
12 | elimination of existing wastewater facility planning areas, | ||||||
13 | requests for new or expanded sewage treatment facilities, or | ||||||
14 | any other amendments to the State of Illinois Water Quality | ||||||
15 | Management Plan required under the federal Clean Water Act. | ||||||
16 | The Chairmanship of the Wastewater Committee shall rotate | ||||||
17 | every 24 months between the individuals described in | ||||||
18 | subsections (e)(2)(iv) and (e)(2)(v) with the individual | ||||||
19 | identified in subsection (e)(2)(v) serving as chairman for the | ||||||
20 | initial 24-month period commencing on the effective date of | ||||||
21 | this amendatory Act of the 95th General Assembly. | ||||||
22 | (2) The Wastewater Committee shall consist of 5 | ||||||
23 | members of the CMAP Board designated as follows: | ||||||
24 | (i) One member of the Wastewater Committee shall | ||||||
25 | be one of the CMAP Board members designated in | ||||||
26 | subsection (c)(1) through (c)(5). |
| |||||||
| |||||||
1 | (ii) One member of the Wastewater Committee shall | ||||||
2 | be one of the CMAP Board members designated in | ||||||
3 | subsection (c)(6). | ||||||
4 | (iii) One member of the Wastewater Committee shall | ||||||
5 | be one of the CMAP Board members designated in | ||||||
6 | subsection (c)(7) or (c)(8). | ||||||
7 | (iv) One member of the Wastewater Committee shall | ||||||
8 | be a person appointed by the President of the | ||||||
9 | Metropolitan Water Reclamation District of Greater | ||||||
10 | Chicago (and who does not need to serve on the CMAP | ||||||
11 | Board). | ||||||
12 | (v) One member of the Wastewater Committee shall | ||||||
13 | be a person appointed by the President of the largest | ||||||
14 | statewide association of wastewater agencies (and who | ||||||
15 | does not need to serve on the CMAP Board). | ||||||
16 | (3) Terms of the members of the Wastewater Committee | ||||||
17 | shall be consistent with those identified in Section 25, | ||||||
18 | except that the term of the member of the Wastewater | ||||||
19 | Committee appointed by the President of the Metropolitan | ||||||
20 | Water Reclamation District of Greater Chicago shall expire | ||||||
21 | on July 1, 2009, and the term of the member of the | ||||||
22 | Wastewater Committee appointed by the President of the | ||||||
23 | largest statewide association of wastewater agencies shall | ||||||
24 | expire on July 1, 2009. | ||||||
25 | (f) Concurrence of four-fifths of the Board members in | ||||||
26 | office is necessary for the Board to take any action, except |
| |||||||
| |||||||
1 | for decisions with regard to contracts, excluding contracts | ||||||
2 | pertaining to the employment of the Executive Director, | ||||||
3 | grants, purchase agreements, and meeting minutes, which shall | ||||||
4 | require a simple majority vote of the Board members in office | ||||||
5 | With the exception of matters considered and recommended by | ||||||
6 | the Wastewater Committee directly to the IEPA, which shall | ||||||
7 | require only a concurrence of a simple majority of the | ||||||
8 | Wastewater Committee members in office, concurrence of | ||||||
9 | four-fifths of the Board members in office is necessary for | ||||||
10 | the Board to take any action . | ||||||
11 | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
| ||||||
12 | (70 ILCS 1707/25) | ||||||
13 | Sec. 25. Operations. | ||||||
14 | (a) Each appointing authority shall give notice of its | ||||||
15 | Board appointments to each other appointing authority, to the | ||||||
16 | Board, and to the Secretary of State. Within 30 days after his | ||||||
17 | or her appointment and before entering upon the duties of the | ||||||
18 | office, each Board member shall take and subscribe to the | ||||||
19 | constitutional oath of office and file it with the Secretary | ||||||
20 | of State. Board members shall hold office for a term of 4 years | ||||||
21 | or until successors are appointed and qualified. The terms of | ||||||
22 | the initial Board members shall expire as follows: | ||||||
23 | (1) The terms of the member from DuPage County and the | ||||||
24 | member representing both Kane and Kendall Counties shall | ||||||
25 | expire on July 1, 2007. |
| |||||||
| |||||||
1 | (2) The terms of those members from Lake, McHenry, and | ||||||
2 | Will Counties shall expire on July 1, 2009. | ||||||
3 | (3) As designated at the time of appointment, the | ||||||
4 | terms of 2 members from the City of Chicago shall expire on | ||||||
5 | July 1, 2007 and the terms of 3 members from the City of | ||||||
6 | Chicago shall expire on July 1, 2009. | ||||||
7 | (4) The term of the member appointed by the President | ||||||
8 | of the Cook County Board of Commissioners shall expire on | ||||||
9 | July 1, 2007. | ||||||
10 | (5) The terms of those members appointed, with the | ||||||
11 | consent of the President of the Cook County Board of | ||||||
12 | Commissioners, by the mayors representing those | ||||||
13 | communities in Cook County that are outside of the City of | ||||||
14 | Chicago and north of Devon Avenue shall expire on July 1, | ||||||
15 | 2007. | ||||||
16 | (6) The terms of those members appointed, with the | ||||||
17 | consent of the President of the Cook County Board of | ||||||
18 | Commissioners, by the mayors representing those | ||||||
19 | communities in Cook County that are outside of the City of | ||||||
20 | Chicago, south of Interstate 55, and west of Interstate | ||||||
21 | 57, excluding the communities of Summit, Dixmoor, Posen, | ||||||
22 | Robbins, Midlothian, Oak Forest, and Tinley Park, shall | ||||||
23 | expire on July 1, 2007. | ||||||
24 | (7) The terms of those members appointed, with the | ||||||
25 | consent of the President of the Cook County Board of | ||||||
26 | Commissioners, by the mayor representing those communities |
| |||||||
| |||||||
1 | in Cook County that are outside of the City of Chicago, | ||||||
2 | south of Devon Avenue, and north of Interstate 55, and, in | ||||||
3 | addition, the Village of Summit, shall expire on July 1, | ||||||
4 | 2009. | ||||||
5 | (8) The terms of those members appointed, with the | ||||||
6 | consent of the President of the Cook County Board of | ||||||
7 | Commissioners, by the mayors representing those | ||||||
8 | communities in Cook County that are outside of the City of | ||||||
9 | Chicago and east of Interstate 57, and, in addition, the | ||||||
10 | communities of Dixmoor, Posen, Robbins, Midlothian, Oak | ||||||
11 | Forest, and Tinley Park, shall expire on July 1, 2009. | ||||||
12 | (b) If a vacancy occurs, the appropriate appointing | ||||||
13 | authority shall fill the vacancy by an appointment for the | ||||||
14 | unexpired term. Board members shall receive no compensation, | ||||||
15 | but shall be reimbursed for expenses incurred in the | ||||||
16 | performance of their duties. | ||||||
17 | (c) The Board shall be so appointed as to represent the | ||||||
18 | City of Chicago, that part of Cook County outside the City of | ||||||
19 | Chicago, and that part of the metropolitan region outside of | ||||||
20 | Cook County on a one person man one vote basis. Within 6 months | ||||||
21 | after the release of each certified federal decennial census, | ||||||
22 | the Board shall review its composition and, if a change is | ||||||
23 | necessary in order to comply with the representation | ||||||
24 | requirements of this subsection (c), shall recommend the | ||||||
25 | necessary revision for approval by the General Assembly. | ||||||
26 | (d) Regular meetings of the Board shall be held at least |
| |||||||
| |||||||
1 | once in each calendar quarter. The time and place of Board | ||||||
2 | meetings shall be fixed by resolution of the Board. Special | ||||||
3 | meetings of the Board may be called by the chair chairman or a | ||||||
4 | majority of the Board members. A written notice of the time and | ||||||
5 | place of any special meeting shall be provided to all Board | ||||||
6 | members at least 3 days prior to the date fixed for the | ||||||
7 | meeting, except that if the time and place of a special meeting | ||||||
8 | is fixed at a regular meeting at which all Board members are | ||||||
9 | present, no such written notice is required. A majority of the | ||||||
10 | Board members in office constitutes a quorum for the purpose | ||||||
11 | of convening a meeting of the Board. | ||||||
12 | (e) The meetings of the Board shall be held in compliance | ||||||
13 | with the Open Meetings Act. The Board shall maintain records | ||||||
14 | in accordance with the provisions of the State Records Act. | ||||||
15 | (f) At its initial meeting and its first regular meeting | ||||||
16 | after July 1 of each year thereafter, the Board from its | ||||||
17 | membership shall appoint a chair chairman and may appoint vice | ||||||
18 | chairs chairmen and shall provide the term and duties of those | ||||||
19 | officers pursuant to its bylaws. Before entering upon duties | ||||||
20 | of office, the chair chairman shall execute a bond with | ||||||
21 | corporate sureties to be approved by the Board and shall file | ||||||
22 | it with the principal office of the Board. The bond shall be | ||||||
23 | payable to the Board in whatever penal sum may be directed and | ||||||
24 | shall be conditioned upon the faithful performance of the | ||||||
25 | duties of office and the payment of all money received by the | ||||||
26 | chair chairman according to law and the orders of the Board. |
| |||||||
| |||||||
1 | The Board may appoint, from time to time, an executive | ||||||
2 | committee and standing and ad hoc committees to assist in | ||||||
3 | carrying out its responsibilities. | ||||||
4 | (g) Open meetings of the Board shall be broadcast to the | ||||||
5 | public and maintained in real-time on the Board's website | ||||||
6 | using a high-speed Internet connection. Recordings of each | ||||||
7 | meeting broadcast shall be posted to the Board's website | ||||||
8 | within a reasonable time after the meeting and shall be | ||||||
9 | maintained as public records to the extent practicable, as | ||||||
10 | determined by the Board. Compliance with the provisions of | ||||||
11 | this amendatory Act of the 100th General Assembly does not | ||||||
12 | relieve the Board of its obligations under the Open Meetings | ||||||
13 | Act. | ||||||
14 | (Source: P.A. 100-479, eff. 1-1-18 .)
| ||||||
15 | (70 ILCS 1707/60) | ||||||
16 | Sec. 60. Transportation decision-making. | ||||||
17 | (a) The Policy Committee is the federally designated | ||||||
18 | Metropolitan Planning Organization for the Chicago region | ||||||
19 | under the requirements of federal regulations promulgated by | ||||||
20 | USDOT. The Policy Committee shall approve all plans, reports, | ||||||
21 | and programs required of an MPO, including the federally | ||||||
22 | mandated Regional Transportation Plan, Transportation | ||||||
23 | Improvement Program and Unified Work Program. | ||||||
24 | (b) It is the intent of this Act that the transportation | ||||||
25 | planning and investment decision-making process be fully |
| |||||||
| |||||||
1 | integrated into the regional planning process. | ||||||
2 | (c) The Board, in cooperation with local governments and | ||||||
3 | transportation providers, shall develop and adopt a process | ||||||
4 | for making the transportation decisions that require final MPO | ||||||
5 | approval pursuant to federal law. That process shall comply | ||||||
6 | with all applicable federal requirements. The adopted process | ||||||
7 | shall ensure that all MPO plans, reports, and programs shall | ||||||
8 | be approved by the CMAP Board prior to final approval by the | ||||||
9 | MPO. | ||||||
10 | (d) The Board shall continue directly involving local | ||||||
11 | elected officials in federal program allocation decisions for | ||||||
12 | the Surface Transportation Program , and Congestion Mitigation | ||||||
13 | and Air Quality funds , and any other federally suballocated | ||||||
14 | funding as required by law and in addressing other regional | ||||||
15 | transportation issues. | ||||||
16 | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.)
|