Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Capital Development Board Act is amended by
5 adding 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, except as
9 otherwise provided in this Section, no ordinance or permitting
10 requirement of a unit of local government shall be enforced
11 against the construction, reconstruction, improvement, or
12 installation of a State facility, other than an ordinance or
13 permitting requirement that is (i) an ordinance or permitting
14 requirement of a sanitary district or an ordinance or
15 permitting requirement regulating a municipally-owned
16 wastewater system and (ii) mandated by State or federal laws,
17 rules, or regulations or related to environmental protection,
18 as supported by industry standards.
19 Upon the Board's request, a sanitary district or unit of
20 local government regulating a municipally-owned wastewater
21 system must provide to the Board information that verifies
22 that an ordinance or permitting requirement described in
23 subsection (a) is mandated by State or federal laws, rules, or
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1 regulations or that an ordinance or permitting requirement
2 described in subsection (a) related to environmental
3 protection is supported by industry standards.
4 (b) The Board shall coordinate with local utilities
5 regarding utility connection requirements and procedures.
6 (c) Before undertaking any activity involving the
7 construction, reconstruction, improvement, or installation of
8 any State facility, the Board shall coordinate and consult
9 with the units of local government that are responsible for
10 providing utility and fire protection services to that State
11 facility in order to ensure that utility and fire protection
12 services can be provided by the unit of local government to the
13 State facility in the most effective manner.
14 (d) Nothing in this Section shall relieve the Board from
15 compliance with any State or federal mandate. This Section
16 does not relieve the Board from the obligation to compensate
17 units of local governments for fair and reasonable connection,
18 restoration, or impact costs.
19 (e) This Section applies to the construction,
20 reconstruction, improvement, and installation of State
21 facilities that is ongoing on the effective date of this
22 amendatory Act of the 104th General Assembly and to all
23 projects that begin on or after the effective date of this
24 amendatory Act of the 104th General Assembly.
25 (f) This Section does not apply to a municipality with
26 more than 500,000 inhabitants that has entered into one or
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1 more comprehensive or project-specific agreements with the
2 Board establishing terms explicitly agreed upon as alternative
3 or supplemental to this Section. Nothing in this Section shall
4 prohibit those municipalities from regulating the use of the
5 public right-of-way, including streets, sidewalks, and alleys,
6 in connection with the construction, reconstruction,
7 improvement, or installation of a State facility. In those
8 municipalities, the Board shall comply with all applicable
9 municipal regulations governing street closures, temporary
10 traffic control, and pedestrian access in the same manner
11 required of private entities.
12 (g) A home rule unit may not regulate the construction,
13 reconstruction, improvement, or installation of a State
14 facility in a manner that is inconsistent with this Section.
15 This Section is a limitation under subsection (i) of Section 6
16 of Article VII of the Illinois Constitution on the concurrent
17 exercise by home rule units of powers and functions exercised
18 by the State.
19 (h) As used in this Section:
20 "Fair and reasonable connection, restoration, or impact
21 costs" means demonstrated costs incurred by the unit of local
22 government that (i) directly result from the Board's use of or
23 impact on local infrastructure or (ii) are consistent with
24 similar costs that are applied to non-governmental capital
25 projects.
26 "State facility" means any capital project under the
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1 authority of the Capital Development Board.Every fact on this page links to its source, starting with the official bill record.