70 ILCS 1707/ Regional Planning Act.

    (70 ILCS 1707/1)
    Sec. 1. Short title. This Act may be cited as the Regional Planning Act.
(Source: P.A. 94‑510, eff. 8‑9‑05.)

    (70 ILCS 1707/5)
    Sec. 5. Purpose. The General Assembly declares and determines that a streamlined, consolidated regional planning agency is necessary in order to plan for the most effective public and private investments in the northeastern Illinois region and to better integrate plans for land use and transportation. The purpose of this Act is to define and describe the powers and responsibilities of the Chicago Metropolitan Agency for Planning, a unit of government whose purpose it is to effectively address the development and transportation challenges in the northeastern Illinois region.
(Source: P.A. 94‑510, eff. 8‑9‑05; 95‑677, eff. 10‑11‑07.)

    (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 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.
    "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.)
    (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 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) (1) The CMAP Board shall create a Wastewater Committee with the responsibility of recommending directly to the Illinois Environmental Protection Agency (IEPA) the 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
         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) 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 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 1707/20)
    Sec. 20. Duties. In addition to those duties enumerated elsewhere in this Act, the Board shall:
        (a) Hire an executive director to act as the chief
     administrative officer and to direct and coordinate all staff work.
        (b) Provide a policy framework under which all
     regional plans are developed.
        (c) Coordinate regional transportation and land use
     planning.
        (d) Identify and promote regional priorities.
(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
     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 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 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 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 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 chairman and may appoint vice chairmen and shall provide the term and duties of those officers pursuant to its bylaws. Before entering upon duties of office, the 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 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.
(Source: P.A. 94‑510, eff. 8‑9‑05; 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/30)
    Sec. 30. Jurisdiction and area of operation. The jurisdiction and area of operation of the Board includes Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The Board may enter into agreements with units of local government located outside of, but contiguous to, its jurisdiction and area of operation in order to include those areas in plans for the region. For activities related to the MPO, the jurisdiction of the MPO shall be that area defined by federal requirements.
(Source: P.A. 94‑510, eff. 8‑9‑05.)

    (70 ILCS 1707/35)
    Sec. 35. General powers and authority. In addition to any other rights, powers, duties, or obligations granted to the Board under this Act or specifically granted to the Board under any other law, the Board has all of the following general powers and authority:
        (1) To sue and be sued in its official name.
        (2) To enter into agreements with units of local
     government, transportation agencies, State agencies, federal agencies, and persons in order to implement any of the provisions of this Act, including agreements for specialized planning services.
        (3) To accept and expend, for purposes consistent
     with the purposes of this Act, funds and moneys from any source, including gifts, bequests, grants, appropriations, loans, or contributions made by any person, unit of local government, the State, or the federal government.
        (4) To enter into contracts or other transactions
     with any unit of local government, transportation agency, State agency, public or private organization, or any other source in furtherance of the purpose of this Act, and to take any necessary action in order to avail itself of such aid and cooperation.
        (5) To purchase, receive, take by grant, gift,
     devise, or bequest, lease, or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated.
        (6) To adopt, alter, or repeal its own bylaws and any
     rules that the Board deems necessary in governing the exercise of its authority and the performance of its duties under this Act.
        (7) To make purchases under this Act in compliance
     with the Local Government Prompt Payment Act.
        (8) To adopt an annual operating budget and work
     program for each fiscal year and make appropriations in accordance with the Illinois Municipal Budget Law and to have the power to expend such budgeted moneys.
        (9) To exercise any other implied powers that are
     necessary or convenient for the Board to accomplish its purposes and that are not inconsistent with its expressed powers.
        (10) To cooperate with any planning agency of a state
     contiguous to the region in order to integrate and coordinate plans for development of urban areas in that state with the regional comprehensive plan developed under this Act.
(Source: P.A. 94‑510, eff. 8‑9‑05.)

    (70 ILCS 1707/40)
    Sec. 40. Public participation; public hearing; Citizens' Advisory Committee.
    (a) The Board shall develop, implement, and maintain a process of public participation designed to: (i) inform and involve the public in all of the public activities and decisions of the Board; (ii) provide access to public records and information maintained by the Board; and (iii) provide mechanisms for public suggestions. The Board shall serve as the single point of contact and direct all public involvement activities.
    (b) In connection with its review and development of any regional plans and prior to any plan's approval, the Board must hold a public hearing. Notice of the time, date, and place set for the hearing must be published in a newspaper having a general circulation within the Chicago region at least 30 days prior to the date of the hearing. The notice must contain a short explanation of the purpose of the hearing. The hearing may be continued, as deemed necessary by the Board.
    (c) The Board shall create a standing Citizens' Advisory Committee to provide continuous and balanced public representation in the development of regional plans and policies.
(Source: P.A. 94‑510, eff. 8‑9‑05.)

    (70 ILCS 1707/44)
    Sec. 44. Regional Data and Information Program. CMAP shall be the authoritative source for regional data collection, exchange, dissemination, analysis, evaluation, forecasting and modeling. With the involvement of state, regional, and local governments and agencies, CMAP shall create and maintain a timely, ongoing, and coordinated data and information sharing program that will provide the best available data on the region. This program shall include a publicly accessible mechanism for data access and distribution. CMAP's official forecasts shall be the foundation for all planning in the region.
(Source: P.A. 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/45)
    Sec. 45. Regional comprehensive plan. At intervals not to exceed every 5 years, or as needed to be consistent with federal law, the Board shall develop a regional comprehensive plan that integrates land use and transportation. The regional comprehensive plan and any modifications to it shall be developed cooperatively by the Board, with the involvement of citizens, units of local government, business and labor organizations, environmental organizations, transportation and planning agencies, State agencies, private and civic organizations, public and private providers of transportation, and land preservation agencies. Any elements of the regional comprehensive plan or modifications that relate to transportation shall be developed cooperatively with the Policy Committee. Units of local government shall continue to maintain control over land use and zoning decisions.
    Scope of Regional Comprehensive Plan. The Regional Comprehensive Plan shall present the goals, policies, guidelines, and recommendations to guide the physical development of the Region. It shall include, but shall not be limited to:
    (a) Official forecasts for overall growth and change and an evaluation of alternative scenarios for the future of the Region including alternatives for public and private investments in housing, economic development, preservation of natural resources, transportation, water supply, flood control, sewers, and other physical infrastructure. It shall present a preferred plan that makes optimum use of public and private resources to achieve the goals of the Plan.
    (b) Land use and transportation policies that reflect the relationship of transportation to land use, economic development, the environment, air quality, and energy consumption; foster the efficient movement of people and goods; coordinate modes of transportation; coordinate planning among federal agencies, state agencies, transportation agencies, and local governments; and address the safety and equity of transportation services across the Region.
    (c) A plan for a coordinated and integrated transportation system for the region consisting of a multimodal network of facilities and services to be developed over a 20‑year period to support efficient movement of people and goods. The transportation system plan shall include statements of minimum levels of service that describe the performance for each mode in order to meet the goals and policies of the Plan.
    (d) A listing of proposed public investment priorities in transportation and other public facilities and utilities of regional significance. The list shall include a project description, an identification of the responsible agency, the timeframe that the facility or utility is proposed for construction or installation, an estimate of costs, and sources of public and private revenue for covering such costs.
    (e) The criteria and procedures proposed for evaluating and ranking projects in the Plan and for the allocation of transportation funds.
    (f) Measures to best coordinate programs of local governments, transportation agencies, and State agencies to promote the goals and policies of the Regional Comprehensive Plan.
    (g) Proposals for model ordinances and agreements that may be enacted by local governments.
    (h) Recommendations for legislation as may be necessary to fully implement the Regional Comprehensive Plan.
    (i) Developing components for regional functional issues including:
        (1) A regional housing component that documents the
     needs for housing in the region and the extent to which private‑sector and public‑sector programs are meeting those needs; provides the framework for and facilitates planning for the housing needs of the region, including the need for affordable housing, especially as it relates to the location of such housing proximate to job sites, and develops sound strategies, programs and other actions to address the need for housing choice throughout the region.
        (2) A regional freight component, the purpose of
     which is to create an efficient system of moving goods that supports economic growth of the region and sound regional and community development by identifying investments in freight facilities of regional, State, and national significance that will be needed to eliminate existing and forecasted bottlenecks and inefficiencies in the functioning of the region's freight network; recommending improvements in the operation and management of the freight network; and recommending policies to effect the efficient multi‑modal movement of goods to, through, and from the region.
        (3) A component for protecting and enhancing the
     environment and the region's natural resources the purpose of which is to improve the region's environmental health, quality of life, and community well‑being by defining and protecting environmentally critical areas; encouraging development that does not harm environmentally critical areas; promoting sustainable land use and transportation practices and policies by local governments.
        (4) Optionally, other regional components for
     services and facilities, including, but not limited to: water, sewer, transportation, solid waste, historic preservation, and flood control. Such plans shall provide additional goals, policies, guidelines, and supporting analyses that add detail, and are consistent with, the adopted Regional Comprehensive Plan.
(Source: P.A. 94‑510, eff. 8‑9‑05; 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/47)
    Sec. 47. Developments of Regional Importance. The Board shall consider the regional and intergovernmental impacts of proposed major developments, infrastructure investments and major policies and actions by public and private entities on natural resources, neighboring communities, and residents. The Board shall:
    (a) Define the Scope of Developments of Regional Importance (DRI) and create an efficient process for reviewing them.
    (b) Require any DRI project sponsor, which can be either a public or private entity, to submit information about the proposed DRI to CMAP and neighboring communities, counties, and regional planning and transportation agencies for review.
    (c) Review and comment on a proposed DRI regarding consistency with regional plans and intergovernmental and regional impacts.
    The Board shall complete a review under this Section within a timeframe established when creating the DRI process. A delay in the review process either requested or agreed to by the applicant shall toll the running of the review period. If the Board fails to complete the review within the required period, the review fee paid by the applicant under this Section shall be refunded in full to the applicant. If, however, the applicant withdraws the application at any time after the Board commences its review, no part of the review fee shall be refunded to the applicant.
(Source: P.A. 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/48)
    Sec. 48. Incentives for Creating More Sustainable Communities. CMAP shall establish an incentive program to enable local governments and developers to: create more affordable workforce housing options near jobs and transit; create jobs near existing affordable workforce housing; create transit‑oriented development; integrate transportation and land use planning; provide a range of viable transportation choices in addition to the car; encourage compact and mixed‑use development; and support neighborhood revitalization. CMAP shall work with federal, State, regional, and local agencies to identify funding opportunities for these incentives from existing and proposed programs.
(Source: P.A. 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/50)
    Sec. 50. Coordinated regional advocacy.
    (a) The Board shall be responsible for identifying regional priorities and providing coordinated advocacy of regional priorities. The Board shall act to ensure that regional priorities are supported by consistent information and that plans of various agencies related to those regional priorities are fully integrated.
    (b) The Board shall annually publish a list of regional priorities and major public projects for which it is providing coordinated regional advocacy.
(Source: P.A. 94‑510, eff. 8‑9‑05.)

    (70 ILCS 1707/51)
    Sec. 51. Certification; cooperation between local and regional plans; plan review.
    Certification of regional plan and forecasts. Upon the adoption of a Regional Plan or segment of a Regional Plan, the Board shall certify a copy thereof to the State, each transportation agency and each local government affected by such plan. CMAP's official forecasts and plans shall be the foundation for all planning in the region.
    Agencies to provide information and cooperate. Each local government, transportation agency, and State agency shall cooperate with and assist the Board in carrying out its functions and shall provide to the Board all information requested by the Board. Counties and municipalities shall submit copies of any official plans to CMAP, including but not limited to comprehensive, transportation, housing, and capital improvement plans.
    Review of county and municipal plans. The Board may review and comment on proposed county and municipal plans and plan amendments within its jurisdiction for consistency with the regional comprehensive plan and maintain a copy of such plans.
(Source: P.A. 95‑677, eff. 10‑11‑07.)

    (70 ILCS 1707/55)
    Sec. 55. Transportation financial plan.
    (a) Concurrent with preparation of the regional transportation and comprehensive plans, the Board shall prepare and adopt, in cooperation with the Policy Committee, a transportation financial plan for the region in accordance with federal and State laws, rules, and regulations.
    (b) The transportation financial plan shall address the following matters related to the transportation agencies: (i) adequacy of funding to meet identified needs; and (ii) allocation of funds to regional priorities.
    (c) The transportation financial plan may propose recommendations for additional funding by the federal government, the State, or units of local government that may be necessary to fully implement regional plans.
(Source: P.A. 94‑510, eff. 8‑9‑05; 95‑677, eff. 10‑11‑07.)

    (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 be approved by the CMAP Board prior to final approval by the MPO.
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