The budget impasse took center stage in Springfield through much of the first part of the year. The balance of the time seemed to be spent getting ready for elections. However, legislators did do some work. First, they were looking to be greener…

• Green Infrastructure for Clean Water Act – Public Act 096-0026 - Directs the IEPA to study the benefits of green infrastructure (i.e. storm water management techniques or practices employed with the primary goal of preserving, restoring, or mimicking natural hydrology), to determine feasibility of regulatory requirements. Effective date of Act: June 30, 2009.
• Green Buildings Act – Public Act 096-0073 - Requires all new State-funded building projects and major renovation to State-owned facilities must seek LEED, Green Globes or equivalent certification. Effective date of Act: July 24, 2009
• Green Government Grant Act – Public Act 096-0074 - Amends existing Act to require Green Governments Illinois Council to review and recommend approval of expenditures on required green product vendors. Effective date of Act: July 24, 2009
• Green School Cleaning Act – Public Act 096-0075 - Amends the Act, to require all State-owned buildings (not just schools) to purchase and use only green, sustainable cleaning supplies. Effective date of Act: July 24, 2009

They also wanted to address the problems associated with the care and maintenance of vacant and foreclosed properties…

They made a change in the professional regulation of landscape architects, sought by the American Society of Landscape Architects (ASLA)….

• Licensure for Landscape Architects – Public Act 096-0730 - Requires that anyone who purports to be doing business as a ‘landscape architect’ must be properly registered with the Department of Professional Regulations. ASLA has been seeking this change for the past couple of years, modifying their status from a registered to a licensed profession under State law. The Act allows for individuals, who have been engaged in landscape architect work, including planning professionals, to take a test for licensure within a specified time period (2 years from the date of the Act). The Act does specify “licensed Illinois planners,” which indicates how well the State understands its own licensure act, but presumably American Institute of Certified Planners (AICP) designation would serve the same function. Effective date of Act: August 25, 2009.

The legislature also worked to promote LEEDS certification elements, an Urban Development Authority, and the STAR line project …

• Inclusion of LEEDS Certified Elements in Project Costs – Public Act 096-0630 - This Act provides that "redevelopment project costs" include any direct or indirect costs relating to LEED certified construction elements. Effective January 1, 2010.
• Creates the Urban Development Authority Act – Public Act 096-0234 - This Act creates the Urban Development Authority to make annual reports, sets forth the powers and duties, and makes the Illinois Finance Authority the body that supervises bond issuances of the Authority. Effective January 1, 2010.
• TIF Transportation Projects – Public Act 096-0680 - This Act amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code by providing that a redevelopment project area may include areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR line) station. Effective August 25, 2009.

Of course, they couldn’t help getting involved in other land-use matters such as extending extraterritorial jurisdiction and regulating setbacks…

• Annexation Agreements – Public Act 096-0188 - This new Act provides that, except for Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will counties, if property is subject to an annexation agreement and located more than 1.5 miles from the corporate boundaries of the annexing municipality, that property is subject to the ordinances, control, and jurisdiction of the annexing municipality unless the county board retains jurisdiction by the affirmative vote of two-thirds of its members. This Act was an attempt to resolve a dispute between Sangamon County and the Village of Chatham. Effective August 10, 2009.
• Limiting Setback Requirements for Wind Towers – Public Act 096-0306 - This Act provides that a county or municipality may not require a wind tower or other renewable energy system, which is used exclusively by an end user, to be setback more than 1.1 times the height of the renewable energy system from the end user's property line. Effective January 1, 2010

But, one of the most highly awaited bills, from a municipal point of view, is the new Open Meeting and Freedom of Information Act amendments…

• Open Meeting and Freedom of Information Act (FOIA) – Public Act 096-0542 - This bill significantly amends both the Open Meetings Act and FOIA. It creates and codifies a state Public Access Counselor, who can review FOIA requests and compel public bodies to respond. This legislation also fundamentally rewrites the FOIA statute reducing the amount of time a municipality has to respond, severely limits copying charges, increases what is deemed a public record open for scrutiny including electronic records, and requires the appointment of a FOIA Officer, who must take mandatory training from the State. Effective date of Act: January 1, 2010

This last piece of legislation is aimed at allowing greater transparency in the operation of government throughout the State. However, the General Assembly somehow forgot to include themselves in, or rather exempted themselves from, these requirements for greater access to transparency, clarity and sunshine. Illinois ethics legislation at its finest!

We encourage you to keep current with planning legislation and to help us promote planning in Illinois by contacting your legislators on bills and issues important to planning. We also encourage you to visit APA’s site at www.planning.org for a comprehensive round-up of federal activities.