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90_HB3871
605 ILCS 5/4-201.21 new
Amends the Illinois Highway Code. Provides that if a
State highway or other roadway is located or is to be located
within the corporate limits of a municipality and any portion
of that highway or roadway is or will be adjacent to a public
primary school, secondary school, public recreational area,
or bicycle path that highway or roadway may not be
constructed, enlarged, or widened unless the Department of
Transportation has completed an Environmental Impact Study
that includes the effect of that construction on noise,
vibration, water quality, and air quality on the adjacent
public property or educational institution. Provides for
public hearings on the study. Permits the municipality to
submit the question of the construction or expansion for
referendum approval. Effective immediately.
LRB9011701RCks
LRB9011701RCks
1 AN ACT to amend the Illinois Highway Code by adding
2 Section 4-201.21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Highway Code is amended by
6 adding Section 4-201.21 as follows:
7 (605 ILCS 5/4-201.21 new)
8 Sec. 4-201.21. Improvement or construction of highway
9 through municipalities. If a State highway or other roadway
10 is located or is to be located within the corporate limits of
11 any municipality and any portion of that highway or roadway
12 is or will be adjacent to any public elementary or secondary
13 school, public recreational area, or bicycle path that
14 highway or roadway may not be constructed, enlarged, or
15 widened unless the following conditions are met:
16 (1) The Department of Transportation has completed an
17 environmental impact study that includes a report on the
18 effect of construction or expansion on noise, vibration,
19 water quality, and air quality on the adjacent public
20 property or educational institution. If the environmental
21 impact study indicates any increase in noise level, vibration
22 level, or air pollution with respect to the public property
23 or educational institution, the Department of Transportation
24 must include a plan to be implemented and paid for by the
25 State to maintain the noise, vibration, and air quality level
26 that exist prior to the proposed construction.
27 (2) The Department of Transportation has submitted the
28 environmental impact study and remedial plan to the affected
29 municipality, school district, or park district at least 12
30 months prior to the commencement of construction.
31 (3) The Department of Transportation shall hold not less
-2- LRB9011701RCks
1 than 3 public hearings within the affected municipality for
2 the purpose of fully disclosing and discussing the result of
3 the environmental impact study and the remediation plan.
4 (4) The affected municipality may submit the question of
5 the highway construction or expansion to the electors of the
6 municipality, after the public hearings, at the first
7 election where such a referendum may be so submitted. The
8 procedures for submission of the question and the conduct of
9 the election shall be governed under Article 28 of the
10 Election Code. If a majority of the electors residing within
11 the municipality vote against the expansion or construction,
12 then the expansion or construction shall not occur, except as
13 the General Assembly may otherwise provide by law.
14 (5) No such highway may be constructed or expanded into
15 any area used as flood detention or storm water detention by
16 the municipality except as the General Assembly may otherwise
17 provide by law.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.