SB2454 104TH GENERAL ASSEMBLY

LRB104 11049 HLH 21131 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2454

Introduced 2/7/2025, by Sen. Michael W. Halpin

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 provisions apply to the construction, reconstruction, improvement, and installation of State facilities that is either ongoing or starts on or after the effective date of the amendatory Act. Provides that the Board and State agencies shall, to the fullest extent practicable, coordinate and consult with units of local government responsible for providing fire protection services to a State facility before undertaking any activity involving the construction, reconstruction, improvement, or installation of the State facility, in order to ensure fire protection services can be provided by the unit of local government to the State facility in the most effective manner. Defines "State facilities". Limits home rule powers.

A BILL FOR

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, no ordinance of a unit of local government shall be enforced against the construction, reconstruction, improvement, or installation of a State facility. A unit of local government shall not require payment of permitting fees or require permit inspections for the construction, reconstruction, improvement, or installation of any State facility.

(b) The Board shall, to the fullest extent practicable, 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, to the fullest extent practicable, coordinate and consult with the units of local government that are responsible for providing fire protection services to that State facility in order to ensure that 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 or impact costs that (i) conform to industry standards or (ii) are consistent with similar costs that are applied to private, non-governmental capital projects.

(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) 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.

(g) As used in this Section:

"Fair and reasonable connection or impact costs" means demonstrated costs incurred by the unit of local government that directly result from the Board's use of or impact on local infrastructure.

"State facility" means any capital project under the authority of the Capital Development Board.