During the recent veto session, the Illinois General
Assembly passed a large mass transit bill (Senate
Bill 2111) which, among other things, would create the “People Over Parking
Act.” If signed by the Governor, the Act would take effect on June 1, 2026, and
restrict local authority to require minimum off-street automobile parking near
public transit.
Prohibition on Minimum Off-Street Parking Near Transit
The fundamental effect of the Act is to prohibit local
governments from setting requirements for mandatory off-street parking for
automobiles in specific areas. With limited exceptions, a unit of local
government may not impose or enforce any minimum automobile parking
requirements on a development project that is located within:
- one-half mile of a public transportation hub; or
- one-eighth mile of a public transportation corridor.
Definitions
“Minimum automobile parking requirements” means any law,
code, or policy that requires a minimum number of off-street, private parking
spaces for new residential and commercial developments. This would include the minimum
off-street parking requirements that are common in many local zoning
ordinances.
The Act defines “development project” broadly to include
nearly any project undertaken for the purpose of development of land.
“Development project” does not include a project where any portion is
designated for use as a hotel or other specified types of transient lodging.
A “public transportation hub” includes:
- a rail transit station,
- a boat or ferry terminal served by either a bus stop or rail
transit station, and - an intersection of two or more bus routes with a combined
frequency of bus service interval of 15 minutes or less during the morning and afternoon
peak commute periods.
A “public transportation corridor” means a street on which
one or more bus routes have a combined frequency of bus service interval of 15
minutes or less during the morning and afternoon peak commute periods. The Act
does not define “morning and afternoon peak commute periods.”
This means the Act could affect Chicago Transit Authority
(CTA) stations, Metra stations, Amtrak stations, and certain CTA or Pace bus
routes providing frequent bus service.
Impact on Local Authority (Preemption of Home Rule Authority)
The Act applies to home rule and non-home rule units of
local government.
Reserved Powers and Exceptions for Local Governments
While minimum automobile parking requirements would be generally
prohibited near transit under this Act, local governments would retain the
authority to regulate other aspects of parking and development, including:
- Maximum Parking: A unit of local government is not prevented
from enacting or enforcing local laws that establish a maximum parking
requirement. - On-Street Parking: The Act does not prevent a unit of local
government from regulating access to on-street parking. - Bicycle Parking: The Act does not restrict a unit of local
government from enacting or enforcing local laws that establish a minimum
parking requirement for bicycles, including electric-assisted bicycles. - Regulation of Voluntarily Provided Parking: If a developer
chooses to provide off-street automobile parking voluntarily, the local
government may require parking spaces to be:
- made available for car-share vehicles;
- shared with the public; or
- made available only for a fee (a local government may not
require voluntarily provided parking to be provided free of charge).
Application to Existing Agreement or Site Plan
The Act would not apply if the requirements conflict with a
contractual agreement or approved site plan that was executed or approved on or
before the effective date of the Act. However, the prohibition would apply to
any amendment or extension to the contractual agreement or approved site plan,
if that amendment or extension increases automobile parking requirements. The
Act does not define “contractual agreement” or “approved site plan,” so local
governments should consult their attorneys about whether the Act would apply.
Next Steps
Local governments may need to evaluate areas in their
community near transit that could be affected by the Act, and analyze their current zoning regulations for
those areas, specifically their current parking requirements.
If the Governor signs the encompassing transit bill, the Act
will be effective on June 1, 2026. If the Act does become effective, local
governments could still encourage developers to voluntarily provide more
off-street parking by (1) requiring parking spaces to be shared with the
public; or (2) adopting on-street parking restrictions. Local governments could
also amend their zoning application forms to ask an applicant to proactively assert
whether the Act applies, so planning staff can review the grounds for that
claim. In any event, local governments should contact their attorneys to
evaluate how the Act might affect areas served by public transit.
Post Authored by Daniel J. Bolin, Ancel Glink