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| Public Act 104-0313 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Capital Development Board Act is amended by | ||||
adding Section 10.20 as follows: | ||||
(20 ILCS 3105/10.20 new) | ||||
Sec. 10.20. Local regulation of State facilities. | ||||
(a) Notwithstanding any other provision of law, except as | ||||
otherwise provided in this Section, no ordinance or permitting | ||||
requirement of a unit of local government shall be enforced | ||||
against the construction, reconstruction, improvement, or | ||||
installation of a State facility, other than an ordinance or | ||||
permitting requirement that is (i) an ordinance or permitting | ||||
requirement of a sanitary district or an ordinance or | ||||
permitting requirement regulating a municipally-owned | ||||
wastewater system and (ii) mandated by State or federal laws, | ||||
rules, or regulations or related to environmental protection, | ||||
as supported by industry standards. | ||||
Upon the Board's request, a sanitary district or unit of | ||||
local government regulating a municipally-owned wastewater | ||||
system must provide to the Board information that verifies | ||||
that an ordinance or permitting requirement described in | ||||
subsection (a) is mandated by State or federal laws, rules, or | ||||
regulations or that an ordinance or permitting requirement | ||
described in subsection (a) related to environmental | ||
protection is supported by industry standards. | ||
(b) The Board shall coordinate with local utilities | ||
regarding utility connection requirements and procedures. | ||
(c) Before undertaking any activity involving the | ||
construction, reconstruction, improvement, or installation of | ||
any State facility, the Board shall coordinate and consult | ||
with the units of local government that are responsible for | ||
providing utility and fire protection services to that State | ||
facility in order to ensure that utility and fire protection | ||
services can be provided by the unit of local government to the | ||
State facility in the most effective manner. | ||
(d) Nothing in this Section shall relieve the Board from | ||
compliance with any State or federal mandate. This Section | ||
does not relieve the Board from the obligation to compensate | ||
units of local governments for fair and reasonable connection, | ||
restoration, or impact costs. | ||
(e) This Section applies to the construction, | ||
reconstruction, improvement, and installation of State | ||
facilities that is ongoing on the effective date of this | ||
amendatory Act of the 104th General Assembly and to all | ||
projects that begin on or after the effective date of this | ||
amendatory Act of the 104th General Assembly. | ||
(f) This Section does not apply to a municipality with | ||
more than 500,000 inhabitants that has entered into one or | ||
more comprehensive or project-specific agreements with the | ||
Board establishing terms explicitly agreed upon as alternative | ||
or supplemental to this Section. Nothing in this Section shall | ||
prohibit those municipalities from regulating the use of the | ||
public right-of-way, including streets, sidewalks, and alleys, | ||
in connection with the construction, reconstruction, | ||
improvement, or installation of a State facility. In those | ||
municipalities, the Board shall comply with all applicable | ||
municipal regulations governing street closures, temporary | ||
traffic control, and pedestrian access in the same manner | ||
required of private entities. | ||
(g) A home rule unit may not regulate the construction, | ||
reconstruction, improvement, or installation of a State | ||
facility in a manner that is inconsistent with this Section. | ||
This Section is a limitation under subsection (i) of Section 6 | ||
of Article VII of the Illinois Constitution on the concurrent | ||
exercise by home rule units of powers and functions exercised | ||
by the State. | ||
(h) As used in this Section: | ||
"Fair and reasonable connection, restoration, or impact | ||
costs" means demonstrated costs incurred by the unit of local | ||
government that (i) directly result from the Board's use of or | ||
impact on local infrastructure or (ii) are consistent with | ||
similar costs that are applied to non-governmental capital | ||
projects. | ||
"State facility" means any capital project under the | ||
authority of the Capital Development Board. | ||