IL
Illinois House Bill HB3152

Illinois 2023-2024 Regular Session

Illinois House Bill HB3152 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3152 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: New Act65 ILCS 5/11-13-28 new65 ILCS 5/11-13-29 new20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new Creates the Home Buyer Savings Account Act. Sets forth provisions concerning legislative findings; establishment of first-time and second-chance home buyer savings accounts; use of first-time and second-chance home buyer savings accounts; account holder responsibilities; responsibilities of financial institutions; deduction of contributions, exclusion of earnings, and limitations; penalty for withdrawal; Department of Revenue forms; and an annual report. Defines terms. Amends the Illinois Municipal Code. Sets forth provisions concerning accessory dwelling units and housing. Amends the Reimagining Electric Vehicles in Illinois Act. Provides that the Department of Commerce and Economic Opportunity shall establish a pilot grant program to encourage the construction and rehabilitation of housing located near a REV Illinois Project. Amends the Illinois Highway Code. Sets forth provisions concerning units of local government which have in effect an impact fee ordinance or resolution. Makes other changes. LRB103 25769 HLH 52118 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3152 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: New Act65 ILCS 5/11-13-28 new65 ILCS 5/11-13-29 new20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new New Act 65 ILCS 5/11-13-28 new 65 ILCS 5/11-13-29 new 20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new Creates the Home Buyer Savings Account Act. Sets forth provisions concerning legislative findings; establishment of first-time and second-chance home buyer savings accounts; use of first-time and second-chance home buyer savings accounts; account holder responsibilities; responsibilities of financial institutions; deduction of contributions, exclusion of earnings, and limitations; penalty for withdrawal; Department of Revenue forms; and an annual report. Defines terms. Amends the Illinois Municipal Code. Sets forth provisions concerning accessory dwelling units and housing. Amends the Reimagining Electric Vehicles in Illinois Act. Provides that the Department of Commerce and Economic Opportunity shall establish a pilot grant program to encourage the construction and rehabilitation of housing located near a REV Illinois Project. Amends the Illinois Highway Code. Sets forth provisions concerning units of local government which have in effect an impact fee ordinance or resolution. Makes other changes. LRB103 25769 HLH 52118 b LRB103 25769 HLH 52118 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3152 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
33 New Act65 ILCS 5/11-13-28 new65 ILCS 5/11-13-29 new20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new New Act 65 ILCS 5/11-13-28 new 65 ILCS 5/11-13-29 new 20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new
44 New Act
55 65 ILCS 5/11-13-28 new
66 65 ILCS 5/11-13-29 new
77 20 ILCS 686/110 new
88 605 ILCS 5/5-907 from Ch. 121, par. 5-907
99 605 ILCS 5/5-918 from Ch. 121, par. 5-918
1010 605 ILCS 5/5-918.1 new
1111 Creates the Home Buyer Savings Account Act. Sets forth provisions concerning legislative findings; establishment of first-time and second-chance home buyer savings accounts; use of first-time and second-chance home buyer savings accounts; account holder responsibilities; responsibilities of financial institutions; deduction of contributions, exclusion of earnings, and limitations; penalty for withdrawal; Department of Revenue forms; and an annual report. Defines terms. Amends the Illinois Municipal Code. Sets forth provisions concerning accessory dwelling units and housing. Amends the Reimagining Electric Vehicles in Illinois Act. Provides that the Department of Commerce and Economic Opportunity shall establish a pilot grant program to encourage the construction and rehabilitation of housing located near a REV Illinois Project. Amends the Illinois Highway Code. Sets forth provisions concerning units of local government which have in effect an impact fee ordinance or resolution. Makes other changes.
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1414 A BILL FOR
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1717 1 AN ACT concerning local government.
1818 2 Be it enacted by the People of the State of Illinois,
1919 3 represented in the General Assembly:
2020 4 Article 5.
2121 5 Section 5-1. Short title. This Act may be cited as the Home
2222 6 Buyer Savings Accounts Act.
2323 7 Section 5-5. Legislative findings. The General Assembly
2424 8 finds and recognizes that the American Dream has always been
2525 9 closely associated with owning your own home. However, for
2626 10 many reasons, it is becoming more and more difficult to
2727 11 achieve the goal of homeownership in Illinois and throughout
2828 12 the country. The General Assembly finds and recognizes that
2929 13 homeownership provides more than a dream to an individual
3030 14 person or family, but that an increase in homeownership rates
3131 15 in Illinois has a direct impact on the quality of our
3232 16 communities and schools, economic and education opportunities,
3333 17 and safe streets. The General Assembly is intent on finding
3434 18 methods to make it easier for those in Illinois to achieve
3535 19 their goal of homeownership for the first time. It is the
3636 20 General Assembly's intent with this Act to provide a
3737 21 tax-incentivized savings account for qualified first-time and
3838 22 certain second-chance home buyers, which in turn can be used
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3152 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
4343 New Act65 ILCS 5/11-13-28 new65 ILCS 5/11-13-29 new20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new New Act 65 ILCS 5/11-13-28 new 65 ILCS 5/11-13-29 new 20 ILCS 686/110 new 605 ILCS 5/5-907 from Ch. 121, par. 5-907 605 ILCS 5/5-918 from Ch. 121, par. 5-918 605 ILCS 5/5-918.1 new
4444 New Act
4545 65 ILCS 5/11-13-28 new
4646 65 ILCS 5/11-13-29 new
4747 20 ILCS 686/110 new
4848 605 ILCS 5/5-907 from Ch. 121, par. 5-907
4949 605 ILCS 5/5-918 from Ch. 121, par. 5-918
5050 605 ILCS 5/5-918.1 new
5151 Creates the Home Buyer Savings Account Act. Sets forth provisions concerning legislative findings; establishment of first-time and second-chance home buyer savings accounts; use of first-time and second-chance home buyer savings accounts; account holder responsibilities; responsibilities of financial institutions; deduction of contributions, exclusion of earnings, and limitations; penalty for withdrawal; Department of Revenue forms; and an annual report. Defines terms. Amends the Illinois Municipal Code. Sets forth provisions concerning accessory dwelling units and housing. Amends the Reimagining Electric Vehicles in Illinois Act. Provides that the Department of Commerce and Economic Opportunity shall establish a pilot grant program to encourage the construction and rehabilitation of housing located near a REV Illinois Project. Amends the Illinois Highway Code. Sets forth provisions concerning units of local government which have in effect an impact fee ordinance or resolution. Makes other changes.
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5454 A BILL FOR
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6262 65 ILCS 5/11-13-29 new
6363 20 ILCS 686/110 new
6464 605 ILCS 5/5-907 from Ch. 121, par. 5-907
6565 605 ILCS 5/5-918 from Ch. 121, par. 5-918
6666 605 ILCS 5/5-918.1 new
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8585 1 toward a down payment or certain eligible closing costs for
8686 2 the purchase of a home in Illinois.
8787 3 Section 5-10. Definitions. In this Act:
8888 4 "Account holder" means a first-time and second-chance home
8989 5 buyer who establishes, individually or jointly with another
9090 6 first-time and second-chance home buyer, a first-time and
9191 7 second-chance home buyer savings account.
9292 8 "Allowable closing costs" means a disbursement listed on a
9393 9 settlement statement for the purchase of a single-family
9494 10 residence in Illinois by a first-time and second-chance home
9595 11 buyer.
9696 12 "Department" means the Department of Revenue.
9797 13 "Eligible costs" means the down payment and allowable
9898 14 closing costs for the purchase of a single-family residence in
9999 15 Illinois by a first-time and second-chance home buyer.
100100 16 Eligible costs do not include any costs incurred prior to the
101101 17 establishment of a first-time and second-chance home buyer
102102 18 savings account.
103103 19 "Financial institution" means any bank, savings
104104 20 institution, industrial loan association, credit union, or
105105 21 other similar entity authorized to do business and accept
106106 22 deposits in Illinois.
107107 23 "First-time and second-chance home buyer" means an
108108 24 individual who resides in Illinois and has not owned or
109109 25 purchased, either individually or jointly, a single-family
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120120 1 residence during a period of ten years prior to the date of the
121121 2 purchase of a single-family residence.
122122 3 "First-time and second-chance home buyer savings account"
123123 4 or "account" means an account with a financial institution
124124 5 created for the purpose of payment or reimbursement of
125125 6 eligible costs for the purchase of a single-family residence
126126 7 in Illinois by a first-time and second-chance home buyer and
127127 8 designated by the financial institution upon its creation as a
128128 9 first-time and second-chance home buyer savings account.
129129 10 "Settlement statement" means the statement of receipts and
130130 11 disbursements for a transaction related to real estate,
131131 12 including a statement prescribed under the Real Estate
132132 13 Settlement Procedures Act of 1974, 12 U.S.C. 2601 et seq., as
133133 14 amended, and regulations thereunder.
134134 15 "Single-family residence" means a single-family residence
135135 16 owned and occupied by a first-time and second-chance home
136136 17 buyer as the first-time and second-chance home buyer's
137137 18 principal residence, which may also include a manufactured
138138 19 home, trailer, mobile home, condominium unit, or cooperative.
139139 20 Section 5-15. Establishment of first-time and
140140 21 second-chance home buyer savings account. After the effective
141141 22 date of this Act, a first-time and second-chance home buyer
142142 23 may open an account with a financial institution designated in
143143 24 its entirety by the financial institution as a first-time and
144144 25 second-chance home buyer savings account.
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155155 1 Section 5-20. Use of first-time and second-chance home
156156 2 buyer savings account.
157157 3 (a) Funds from a first-time and second-chance home buyer
158158 4 savings account may be used only to pay a first-time and
159159 5 second-chance home buyer's eligible costs for the purchase of
160160 6 a single-family residence in Illinois.
161161 7 (b) A first-time and second-chance home buyer may jointly
162162 8 own a first-time and second-chance home buyer savings account
163163 9 with another first-time and second-chance home buyer if the
164164 10 joint account holders file a joint income tax return.
165165 11 (c) Only cash and marketable securities may be contributed
166166 12 to a first-time and second-chance home buyer savings account.
167167 13 Subject to the limitations of Section 5-35, persons other than
168168 14 the account holder may contribute funds to a first-time and
169169 15 second-chance home buyer savings account. There is no
170170 16 limitation on the amount of contributions that may be made to
171171 17 or retained in a first-time and second-chance home buyer
172172 18 savings account.
173173 19 Section 5-25. Account holder responsibilities.
174174 20 (a) The account holder shall do all the following:
175175 21 (1) Not use funds held in a first-time and
176176 22 second-chance home buyer savings account to pay expenses
177177 23 of administering the account, except that a service or
178178 24 other account fee may be deducted from the account by the
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189189 1 financial institution in which the account is held.
190190 2 (2) Submit the following to the Department of Revenue
191191 3 with the account holder's Illinois income tax return:
192192 4 (A) Detailed information, in a form prescribed by
193193 5 the Department of Revenue, regarding the first-time
194194 6 and second-chance home buyer savings account,
195195 7 including a list of transactions for the account
196196 8 during the tax year.
197197 9 (B) Form 1099 issued by the financial institution
198198 10 for the account.
199199 11 (3) Submit to the Department, upon a withdrawal of
200200 12 funds from a first-time and second-chance home buyer
201201 13 savings account, a detailed account of the eligible costs
202202 14 toward which the account funds were applied and a
203203 15 statement of the amount of funds remaining in the account,
204204 16 if any. If, upon withdrawal of funds from the first-time
205205 17 and second-chance home buyer savings account, the account
206206 18 holder fails to provide the Department with the detailed
207207 19 account of the eligible costs towards which the account
208208 20 funds were applied, the entire account's funds, including
209209 21 the interest and other income on principal, shall be
210210 22 subject to the penalties listed under Section 5-40.
211211 23 (b) Failure to submit the documentation required under
212212 24 subsection (a) on an annual basis with the filing of the
213213 25 Illinois income tax return will result in the automatic denial
214214 26 of the deduction and exclusion.
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225225 1 Section 5-30. Responsibilities of financial institutions.
226226 2 (a) A financial institution shall be required to do the
227227 3 following:
228228 4 (1) Create a new account for the first-time and
229229 5 second-chance home buyer and designate the account as a
230230 6 "first-time and second-chance home buyer's savings
231231 7 account" on records and transactional statements related
232232 8 to the account.
233233 9 (2) Provide the account holder with a detailed account
234234 10 statement relating to the first-time and second-chance
235235 11 home buyer's savings account on a yearly basis.
236236 12 (b) A financial institution shall not be required to do
237237 13 any of the following:
238238 14 (1) Track the use of money withdrawn from a first-time
239239 15 and second-chance home buyer savings account.
240240 16 (2) Allocate funds in a first-time and second-chance
241241 17 home buyer savings account between joint account holders.
242242 18 (3) Report any information not otherwise required by
243243 19 law to the Department of Revenue or any other governmental
244244 20 agency.
245245 21 (c) A financial institution is not responsible or liable
246246 22 for the following:
247247 23 (1) Determining or ensuring that an account satisfies
248248 24 the requirements to be a first-time and second-chance home
249249 25 buyer savings account.
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260260 1 (2) Determining or ensuring that funds in a first-time
261261 2 and second-chance home buyer savings account are used for
262262 3 eligible costs.
263263 4 (3) Reporting or remitting taxes or penalties related
264264 5 to the use of a first-time and second-chance home buyer
265265 6 savings account.
266266 7 (d) Upon being furnished proof of the death of the account
267267 8 holder and any other information related to the death required
268268 9 by the financial institution or contract governing the
269269 10 first-time and second-chance home buyer savings account, a
270270 11 financial institution shall distribute the principal and
271271 12 accumulated interest or other income in the account in
272272 13 accordance with the terms of the contract governing the
273273 14 account or as otherwise required by law.
274274 15 Section 5-35. Deduction of contributions, exclusion of
275275 16 earnings, and limitations.
276276 17 (a) Except as otherwise provided in this Act and subject
277277 18 to the limitations under this Section, a first-time and
278278 19 second-chance home buyer savings account holder shall be
279279 20 entitled to a state tax deduction, subject to the limitations
280280 21 of this Section, not to exceed $5,000 for an account holder who
281281 22 files an individual tax return or $10,000 for joint account
282282 23 holders who file a joint tax return, for contributions made by
283283 24 the account holder to a first-time and second-chance home
284284 25 buyer savings account during the tax year in which the
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295295 1 deduction is claimed.
296296 2 (b) Except as otherwise provided in this Act and subject
297297 3 to the limitations under this Section, earnings from the
298298 4 first-time and second-chance home buyer savings account,
299299 5 including interest and other income on the principal, shall be
300300 6 excluded from taxable income of an account holder for Illinois
301301 7 income tax purposes during the tax year.
302302 8 (c) An account holder may claim the deduction and
303303 9 exclusion under this Section as follows:
304304 10 (1) For a period not to exceed 10 years.
305305 11 (2) For an aggregate total amount of principal and
306306 12 earnings not to exceed $25,000 for individual accounts and
307307 13 $50,000 for joint accounts during the 10-year period.
308308 14 (3) Only if the principal and earnings of the account
309309 15 remain in the account until a withdrawal is made for
310310 16 eligible costs related to the purchase of a single-family
311311 17 residence by a first-time and second-chance home buyer.
312312 18 (d) A person other than the account holder who deposits
313313 19 funds in a first-time and second-chance home buyer savings
314314 20 account shall not be entitled to the deduction and exclusion
315315 21 provided under this Act.
316316 22 (e) The deduction and exclusion from taxable income
317317 23 provided by this Act shall apply to any alternative basis for
318318 24 calculating taxable income for Illinois income tax purposes.
319319 25 (f) The funds in the first-time and second-chance home
320320 26 buyer savings account shall not be used to purchase a
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331331 1 single-family residence outside of this State.
332332 2 Section 5-40. Penalty for withdrawal for purpose other
333333 3 than eligible costs. Except as otherwise provided in this
334334 4 Section, if the account holder withdraws any funds from a
335335 5 first-time and second-chance home buyer savings account for a
336336 6 purpose other than eligible costs for the purchase of a
337337 7 single-family residence in this State, the following shall
338338 8 apply:
339339 9 (1) The entire balance of the fund, including interest and
340340 10 other income on principal, shall be included in the account
341341 11 holder's taxable income for the tax year in which the
342342 12 withdrawal was made.
343343 13 (2) The account holder shall pay a penalty to the
344344 14 Department of Revenue equal to 10% of the amount withdrawn.
345345 15 The penalty shall not apply to funds withdrawn from an account
346346 16 which were:
347347 17 (A) Withdrawn by reason of the account holder's death
348348 18 or disability or due to unemployment after the account
349349 19 holder has exhausted his or her applicable unemployment
350350 20 compensation benefits.
351351 21 (B) A disbursement of assets of the account pursuant
352352 22 to a filing for protection under the United States
353353 23 Bankruptcy Code.
354354 24 (3) Paragraphs (1) and (2) do not apply to funds withdrawn
355355 25 or distributed from a first-time and second-chance home buyer
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366366 1 savings account that within 60 days of their withdrawal or
367367 2 distribution are deposited in full into another first-time and
368368 3 second-chance home buyer savings account. This paragraph shall
369369 4 apply both to transfers between any qualifying first-time and
370370 5 second-chance home buyer savings accounts whether such
371371 6 transfers are to or from qualifying individual or joint
372372 7 accounts.
373373 8 Section 5-45. Department; forms. The Department of Revenue
374374 9 shall adopt forms for the following:
375375 10 (1) The designation of an account with a financial
376376 11 institution to serve as a first-time and second-chance home
377377 12 buyer savings account.
378378 13 (2) An account holder to annually submit to the Department
379379 14 of Revenue detailed information regarding the first-time and
380380 15 second-chance home buyer savings account, including, but not
381381 16 limited to, a list of transactions for the account during the
382382 17 tax year and identifying any supporting documentation required
383383 18 to be maintained by the account holder.
384384 19 Section 5-50. Annual report. The Department shall submit
385385 20 an annual report to the General Assembly no later than March 31
386386 21 of each calendar year with the first annual report due no later
387387 22 than March 31, 2024, in which the Department shall include the
388388 23 total annual number of deductions claimed and the total amount
389389 24 of deposits deducted pursuant to this Act, the number of
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400400 1 taxpayers who submitted an account to the Department pursuant
401401 2 to paragraph (3) of subsection (a) of Section 5-25, and the
402402 3 number of taxpayers who were subjected to the penalty
403403 4 provisions of Section 5-40.
404404 5 Article 10.
405405 6 Section 10-5. The Illinois Municipal Code is amended by
406406 7 adding Sections 11-13-28 and 11-13-29 as follows:
407407 8 (65 ILCS 5/11-13-28 new)
408408 9 Sec. 11-13-28. Accessory dwelling units.
409409 10 (a) As used in this Section:
410410 11 "Accessory dwelling unit" means an attached or a detached
411411 12 residential dwelling unit that provides complete independent
412412 13 living facilities for one or more persons and is located on a
413413 14 lot with a proposed or existing primary residence and that
414414 15 includes permanent provisions for living, sleeping, eating,
415415 16 cooking, and sanitation on the same parcel as the
416416 17 single-family or multifamily dwelling upon which it is or will
417417 18 be situated. "Accessory dwelling unit" includes, but is not
418418 19 limited to:
419419 20 (1) An efficiency unit.
420420 21 (2) A manufactured home, as that term is defined in
421421 22 paragraph (53) of subsection (a) of Section 9-102 of the
422422 23 Uniform Commercial Code.
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433433 1 "Efficiency unit" means a unit for occupancy by no more
434434 2 than 2 persons that has a minimum floor area of 150 square feet
435435 3 and that may also have a partial kitchen or bathroom
436436 4 facilities.
437437 5 (b) A unit of local government, as defined in Section 1 of
438438 6 Article VII of the Illinois Constitution, may not prohibit the
439439 7 building or usage of accessory dwelling units in the unit of
440440 8 local government.
441441 9 (c) A unit of local government may provide reasonable
442442 10 regulations relating to the size and location of accessory
443443 11 dwelling units similar to other accessory structures, unless a
444444 12 regulation would have the effect of prohibiting accessory
445445 13 dwelling units.
446446 14 (d) A home rule unit may not regulate accessory dwelling
447447 15 units in a manner inconsistent with this Section. This Section
448448 16 is a limitation under subsection (i) of Section 6 of Article
449449 17 VII of the Illinois Constitution on the concurrent exercise by
450450 18 home rule units of powers and functions exercised by the
451451 19 State.
452452 20 (65 ILCS 5/11-13-29 new)
453453 21 Sec. 11-13-29. Provisions related to housing.
454454 22 (a) As used in this Section:
455455 23 "Cottage clusters" means groupings of no fewer than 4
456456 24 detached housing units per acre with a footprint of no less
457457 25 than 900 and no more than 1500 square feet each and that
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468468 1 include a common courtyard.
469469 2 "Middle housing" means:
470470 3 (A) duplexes;
471471 4 (B) triplexes;
472472 5 (C) quadplexes;
473473 6 (D) cottage clusters; and
474474 7 (E) townhouses.
475475 8 "Townhouses" means a dwelling unit constructed in a row of 2 or
476476 9 more attached units, where each dwelling unit is located on an
477477 10 individual lot or parcel and shares at least one common wall
478478 11 with an adjacent unit.
479479 12 (b) Except as provided in subsection (d), each city with a
480480 13 population of 25,000 or more shall allow the development of:
481481 14 (1) all middle housing types in areas zoned for
482482 15 residential use that allow for the development of detached
483483 16 single-family dwellings; and
484484 17 (2) a duplex on each lot or parcel zoned for
485485 18 residential use that allows for the development of
486486 19 detached single-family dwellings.
487487 20 (c) Except as provided in subsection (d), each city with a
488488 21 population of more than 10,000 and less than 25,000 shall
489489 22 allow the development of a duplex on each lot or parcel zoned
490490 23 for residential use that allows for the development of
491491 24 detached single-family dwellings. Nothing in this subsection
492492 25 prohibits a local government from allowing middle housing
493493 26 types in addition to duplexes.
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504504 1 (d) This Section does not apply to:
505505 2 (1) cities with a population of 10,000 or fewer; and
506506 3 (2) unincorporated lands adjacent to or adjoining
507507 4 incorporated city boundaries.
508508 5 (e) Local governments may regulate siting and design of
509509 6 middle housing required to be permitted under this Section, if
510510 7 the regulations do not, individually or cumulatively,
511511 8 discourage the development of all middle housing types
512512 9 permitted in the area through unreasonable costs or delay.
513513 10 Local governments may regulate middle housing to comply with
514514 11 protective measures adopted pursuant to statewide land use
515515 12 planning goals.
516516 13 (f) This Section does not prohibit local governments from
517517 14 permitting:
518518 15 (1) single-family dwellings in areas zoned to allow
519519 16 for single-family dwellings; or
520520 17 (2) middle housing in areas not required under this
521521 18 Section.
522522 19 (g) A home rule unit may not regulate housing developments
523523 20 in a manner inconsistent with this Section. This Section is a
524524 21 limitation under subsection (i) of Section 6 of Article VII of
525525 22 the Illinois Constitution on the concurrent exercise by home
526526 23 rule units of powers and functions exercised by the State.
527527 24 Article 15.
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538538 1 Section 15-5. The Reimagining Electric Vehicles in
539539 2 Illinois Act is amended by adding Section 110 as follows:
540540 3 (20 ILCS 686/110 new)
541541 4 Sec. 110. Electric Vehicle Oriented (EVO) Housing Pilot
542542 5 Program.
543543 6 (a) The inventory of available homes for sale in Illinois
544544 7 has been in continuous decline for multiple years. The lack of
545545 8 inventory contributes directly to affordability, making it
546546 9 more difficult to purchase a home, even for those individuals
547547 10 who have incomes at or close to the median income of the area
548548 11 in which they live. This problem is especially frustrating
549549 12 where a potential REV Illinois Project faces the prospect of
550550 13 little to no housing options for the employees of that
551551 14 project. The General Assembly intends to authorize the
552552 15 creation of a pilot grant program for electric vehicle
553553 16 oriented (EVO) housing, with the goal of incentivizing the
554554 17 construction of new homes near REV Illinois Projects.
555555 18 (b) Subject to appropriation, the Department shall
556556 19 establish a pilot grant program to encourage the construction
557557 20 and rehabilitation of housing located near a REV Illinois
558558 21 Project. Funding may be used for the acquisition,
559559 22 construction, development, predevelopment, or rehabilitation
560560 23 of a qualified development as provided in subsection (d).
561561 24 (c) "Qualified development" means a project that (i) is
562562 25 geographically located within 10 miles of a REV Illinois
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573573 1 Project, (ii) involves the new construction of 2 or more
574574 2 single-family homes, including detached homes, attached
575575 3 duplex, triplex or fourplex homes, and condominiums, and (iii)
576576 4 results in the construction of homes that, according to the
577577 5 federal Department of Housing and Urban Development, are
578578 6 affordable for either home ownership or rental and that are
579579 7 occupied, reserved, or marketed for occupancy by households
580580 8 with a gross household income that is greater than 80% but less
581581 9 than 120% of the area median household income.
582582 10 (d) The EVO housing pilot grant program shall provide for
583583 11 grants of up to 10% of the land acquisition costs and 15% of
584584 12 the construction, development, predevelopment, or
585585 13 rehabilitation costs of a qualified development.
586586 14 (e) Project sponsors who wish to participate in the EVO
587587 15 housing pilot grant program shall submit a grant application
588588 16 to the Department in accordance with rules adopted by the
589589 17 Department.
590590 18 (f) No application for the EVO Housing Grant Pilot Program
591591 19 shall be accepted by the Department after December 31, 2026.
592592 20 Article 20.
593593 21 Section 20-5. The Illinois Highway Code is amended by
594594 22 changing Sections 5-907 and 5-918 and by adding Section
595595 23 5-918.1 as follows:
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606606 1 (605 ILCS 5/5-907) (from Ch. 121, par. 5-907)
607607 2 Sec. 5-907. Advisory Committee. A road improvement impact
608608 3 fee advisory committee shall be created by the unit of local
609609 4 government intending to impose impact fees. The Advisory
610610 5 Committee shall consist of not less than 10 members and not
611611 6 more than 20 members. Not less than 40% of the members of the
612612 7 committee shall be representatives of the real estate,
613613 8 development, and building industries and the labor communities
614614 9 and may not be employees or officials of the unit of local
615615 10 government.
616616 11 (a) The members of the Advisory Committee shall be
617617 12 selected as follows:
618618 13 (1) The representatives of real estate shall be
619619 14 licensed under the Real Estate License Act of 2000 and
620620 15 shall be designated by the President of the Illinois
621621 16 Association of Realtors from a local Board from the
622622 17 service area or areas of the unit of local government.
623623 18 (2) The representatives of the development industry
624624 19 shall be designated by the Regional Developers
625625 20 Association.
626626 21 (3) The representatives of the building industry shall
627627 22 be designated representatives of the Regional Home
628628 23 Builders representing the unit of local government's
629629 24 geographic area as appointed from time to time by that
630630 25 Association's president.
631631 26 (4) The labor representatives shall be chosen by
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642642 1 either the Central Labor Council or the Building and
643643 2 Construction Trades Council having jurisdiction within the
644644 3 unit of local government.
645645 4 (b) If the unit of local government is a county, at least
646646 5 30% of the members serving on the commission must be
647647 6 representatives of the municipalities within the county. The
648648 7 municipal representatives shall be selected by a convention of
649649 8 mayors in the county, who shall elect from their membership
650650 9 municipal representatives to serve on the Advisory Committee.
651651 10 The members representing the county shall be appointed by the
652652 11 chief executive officer of the county.
653653 12 (c) If the unit of local government is a municipality, the
654654 13 non-public representatives shall be appointed by the chief
655655 14 executive officer of the municipality.
656656 15 (d) Each unit of local government that imposes or intends
657657 16 to impose impact fees and that has created an Advisory
658658 17 Committee shall publish the names of the Advisory Committee
659659 18 members on the public website maintained by the unit of local
660660 19 government, together with a list of the dates and times at
661661 20 which the Advisory Committee has met, and shall provide an
662662 21 electronically accessible copy of the minutes of any such
663663 22 meetings.
664664 23 If the unit of local government has a planning or zoning
665665 24 commission, the unit of local government may elect to use its
666666 25 planning or zoning commission to serve as the Advisory
667667 26 Committee, provided that not less than 40% of the committee
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678678 1 members include representatives of the real estate,
679679 2 development, and building industries and the labor communities
680680 3 who are not employees or officials of the unit of local
681681 4 government. A unit of local government may appoint additional
682682 5 members to serve on the planning or zoning commission as ad hoc
683683 6 voting members whenever the planning or zoning commission
684684 7 functions as the Advisory Committee; provided that no less
685685 8 than 40% of the members include representatives of the real
686686 9 estate, development, and building industries and the labor
687687 10 communities.
688688 11 (Source: P.A. 91-245, eff. 12-31-99.)
689689 12 (605 ILCS 5/5-918) (from Ch. 121, par. 5-918)
690690 13 Sec. 5-918. Transition Clauses.
691691 14 (a) Conformance of Existing Ordinances. A unit of local
692692 15 government which currently has in effect an impact fee
693693 16 ordinance or resolution shall have not more than 12 months
694694 17 from July 1, 2023 26, 1989 to bring its ordinance or resolution
695695 18 into conformance with the requirements imposed by this Act,
696696 19 except that a home rule unit of local government with a
697697 20 population over 75,000 and located in a county with a
698698 21 population over 600,000 and less than 2,000,000 shall have not
699699 22 more than 18 months from July 1, 2023 26, 1989, to bring that
700700 23 ordinance or resolution into conformance. As used in this
701701 24 subsection, "conformance" includes conformance with Section
702702 25 5-907.
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713713 1 (b) Exemption of Developments Receiving Site Specific
714714 2 Development Approval. No development which has received site
715715 3 specific development approval from a unit of local government
716716 4 within 18 months before the first date of publication by the
717717 5 unit of local government of a notice of public hearing to
718718 6 consider land use assumptions relating to the development of a
719719 7 comprehensive road improvement plan and imposition of impact
720720 8 fees and which has filed for building permits or certificates
721721 9 of occupancy within 18 months of the date of approval of the
722722 10 site specific development plan shall be required to pay impact
723723 11 fees for permits or certificates of occupancy issued within
724724 12 that 18 month period.
725725 13 This Division shall have no effect on the validity of any
726726 14 existing agreements entered into between a developer and a
727727 15 unit of local government pertaining to fees, exactions or
728728 16 donations made by a developer for the purpose of funding road
729729 17 improvements.
730730 18 (c) Exception to the Exemption of Developments Receiving
731731 19 Site Specific Development Approval. Nothing in this Section
732732 20 shall require the refund of impact fees previously collected
733733 21 by units of local government in accordance with their
734734 22 ordinances or resolutions, if such ordinances or resolutions
735735 23 were adopted prior to the effective date of this Act and
736736 24 provided that such impact fees are encumbered as provided in
737737 25 Section 5-916.
738738 26 (Source: P.A. 86-97; 86-1158.)
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749749 1 (605 ILCS 5/5-918.1 new)
750750 2 Sec. 5-918.1. Refund for non-compliance. Any unit of local
751751 3 government that has in effect an impact fee ordinance or
752752 4 resolution on the effective date of this amendatory Act of the
753753 5 103rd General Assembly and that has not brought its impact fee
754754 6 ordinance or resolution into compliance with this Section by
755755 7 the date provided for in Section 5-918 shall refund all funds
756756 8 previously collected under the impact fee ordinance or
757757 9 resolution together with any interest earned on those funds.
758758 10 Any impact fee ordinance or resolution that does not conform
759759 11 with this Section by the date provided for in Section 5-918
760760 12 shall be considered null and void.
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