104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3493
 
Introduced 2/18/2025, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 
20 ILCS 3105/10.20 new
    Amends the Capital Development Board Act. Provides that an ordinance of a unit of local government shall not be enforced against the construction, reconstruction, improvement, or installation of a State facility. Provides that the amendatory Act applies to the construction, reconstruction, improvement, and installation of State facilities that are either ongoing or that start on or after the effective date of the amendatory Act. Provides that the Capital Development Board shall, to the fullest extent practicable, coordinate with local utilities regarding utility connection requirements and procedures. Defines "State facilities". Limits home rule powers.


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A BILL FOR
 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Capital Development Board Act is amended by 
5adding Section 10.20 as follows:
 
6    (20 ILCS 3105/10.20 new)
7    Sec. 10.20. Local regulation of State facilities.
8    (a) Notwithstanding any other provision of law, no 
9ordinance of a unit of local government shall be enforced 
10against the construction, reconstruction, improvement, or 
11installation of a State facility. A unit of local government 
12shall not require payment of permitting fees or require permit 
13inspections for the construction, reconstruction, improvement, 
14or installation of any State facility. 
15    (b) The Board shall, to the fullest extent practicable, 
16coordinate with local utilities regarding utility connection 
17requirements and procedures. 
18    (c) Before undertaking any activity involving the 
19construction, reconstruction, improvement, or installation of 
20any State facility, the Board shall, to the fullest extent 
21practicable, coordinate and consult with the units of local 
22government that are responsible for providing fire protection 
23services to that State facility in order to ensure that fire 
 
 
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1protection services can be provided by the unit of local 
2government to the State facility in the most effective manner. 
3    (d) Nothing in this Section shall relieve the Board from 
4compliance with any State or federal mandate. This Section 
5does not relieve the Board from the obligation to compensate 
6units of local governments for fair and reasonable connection 
7or impact costs that (i) conform to industry standards or (ii) 
8are consistent with similar costs that are applied to private, 
9non-governmental capital projects. 
10    (e) This Section applies to the construction, 
11reconstruction, improvement and installation of State 
12facilities that is ongoing on the effective date of this 
13amendatory Act of the 104th General Assembly and to all 
14projects that begin on or after the effective date of this 
15amendatory Act of the 104th General Assembly. 
16    (f) A home rule unit may not regulate the construction, 
17reconstruction, improvement, or installation of a State 
18facility in a manner that is inconsistent with this Section. 
19This Section is a limitation under subsection (i) of Section 6 
20of Article VII of the Illinois Constitution on the concurrent 
21exercise by home rule units of powers and functions exercised 
22by the State. 
23    (g) As used in this Section:
24    "Fair and reasonable connection or impact costs" means 
25demonstrated costs incurred by the unit of local government 
26that directly result from the Board's use of or impact on local 
 
 
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1infrastructure. 
2    "State facility" means any capital project under the 
3authority of the Capital Development Board.