|
Public Act 097-0916 |
HB0404 Enrolled | LRB097 03918 ASK 43957 b |
|
|
AN ACT concerning State government.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The State Employee Housing Act is amended by |
changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35 |
as follows:
|
(5 ILCS 412/5-5)
|
Sec. 5-5. Policy development. The Department of |
Conservation, the
Department of Corrections, the Historic |
Preservation Agency, the University of
Illinois, and the |
University of Illinois Foundation shall each develop a policy
|
on housing for State employees that addresses the following:
|
(1) Purpose of providing housing.
|
(2) Application procedures.
|
(3) Eligibility.
|
(4) Tenant selection criteria.
|
(5) Accounting for housing in employee compensation.
|
(6) Employee responsibilities that necessitate |
State-provided housing.
|
(7) Procedures for setting and adjusting rent, |
security deposits, and
utility payments.
|
(8) Documented justification for State ownership of |
each house or
property.
|
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(5 ILCS 412/5-10)
|
Sec. 5-10. Taxable status. The Department of Agriculture, |
the Department
of Conservation, the Department of Corrections, |
the Department of Veterans'
Affairs, and the University of |
Illinois shall each develop procedures to
determine whether |
housing provided to employees and non-employees is subject to
|
taxation. The Department of Revenue and the Internal Revenue |
Service may be
consulted to determine the appropriate means of |
reporting the value of housing
provided at below fair market |
rent to those who do not meet all established
criteria.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(5 ILCS 412/5-15)
|
Sec. 5-15. Rental housing. The Department of Conservation, |
the Department
of Corrections, the Historic Preservation |
Agency, the Department of
Transportation, the University of |
Illinois, and the University of Illinois
Foundation shall each |
analyze the need for providing low-rent housing to its
|
employees and shall consider alternatives to State-owned |
housing. Rent charged
for State-owned housing shall be |
evaluated every 3 years for adjustments,
including that |
necessitated by changing economic conditions.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
|
(5 ILCS 412/5-20)
|
Sec. 5-20. Security deposit. The Department of |
Conservation, the
Department of Corrections, the Department of |
Transportation, the Historic
Preservation Agency, the |
University of Illinois, and the University of Illinois
|
Foundation shall each analyze the need for all employee and |
non-employee
tenants of State-owned housing to pay a reasonable |
security deposit and may
each collect security deposits and |
maintain them in interest-bearing accounts.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(5 ILCS 412/5-25)
|
Sec. 5-25. Utilities. The Department of Conservation, the |
Department of
Corrections, the Historic Preservation Agency, |
and the University of Illinois
may each require its employees |
for whom it provides housing to pay their own
utilities. If |
direct utility payment is required, a utility schedule shall be
|
established for employees who can not directly pay utilities |
due to extenuating
circumstances, such as occupancy of |
dormitories not individually metered.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(5 ILCS 412/5-30)
|
Sec. 5-30. Tenant selection. The Department of |
Conservation, the
Department of Corrections, the Historic |
Preservation Agency, the Department of
Transportation, the |
|
University of Illinois, and the University of Illinois
|
Foundation shall each develop and maintain application forms |
for its
State-owned housing, written criteria for selecting |
employee tenants, and
records of decisions as to who was |
selected to receive State housing and why
they were selected.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(5 ILCS 412/5-35)
|
Sec. 5-35. Housing justification. The Department of |
Conservation, the
Historic Preservation Agency, and the |
University of Illinois shall each develop
written criteria for |
determining which employment positions necessitate
provision |
of State housing. The criteria shall include the specific
|
employee responsibilities that can only be performed |
effectively by occupying
State housing.
|
(Source: P.A. 89-214, eff. 8-4-95.)
|
(15 ILCS 315/Act rep.)
|
Section 8. The State Museum Construction Act is repealed.
|
(20 ILCS 805/805-320 rep.)
|
(20 ILCS 805/805-435 rep.)
|
(20 ILCS 805/805-505 rep.)
|
Section 10. The Department of Natural Resources |
(Conservation) Law of the
Civil Administrative Code of Illinois |
is amended by repealing Sections 805-320, 805-435, and 805-505. |
|
Section 15. The Illinois Geographic Information Council |
Act is amended by changing Sections 5-20 and 5-30 as follows:
|
(20 ILCS 1128/5-20)
|
Sec. 5-20. Meetings. The Council shall meet upon the call |
of its
chairmen
and shall meet at least twice a year .
|
(Source: P.A. 94-961, eff. 6-27-06.)
|
(20 ILCS 1128/5-30)
|
Sec. 5-30. Evaluation of proposals.
|
The Council shall evaluate proposals made by the User |
Advisory Committee and
make recommendations to the Governor and |
General Assembly on the efficient
development, use, and funding |
of geographic information management technology
(GIMT) for |
Illinois' State, regional, local, and academic agencies and
|
institutions.
|
These include:
|
(1) Standards for the collection (geodetic), |
maintenance, dissemination,
and documentation of spatial |
data, consistent with established and on-going
development |
of national standards and guidelines when applicable.
|
(2) Funding strategies that encourage and support the |
use of GIMT at local
levels of government.
|
(3) Examining the impacts of the Freedom of Information |
Act as it applies
to digital data dissemination.
|
|
(4) Statewide basemap development.
|
(5) The development of multiyear strategies for |
integration of GIMT in
Illinois.
|
(6) (Blank). The Council shall report to the Governor |
and the General Assembly by
January 31st of each year on:
|
(a) the current status of efforts to integrate GIMT |
into the decision
making, evaluation, planning, and |
management activities of State and local
governments;
|
(b) the current status of integration of State and |
local government
efforts with those of the federal |
government and the private sector; and
|
(c) Council objectives for the next 12-month |
period.
|
(7) As necessary, the Council may enter into agreements |
with professional
non-profit organizations to achieve its |
objectives.
|
(8) The Council may accept grants and gifts from |
corporations, for-profit
or not-for-profit, or |
associations for the purpose of conducting research,
|
evaluations, or demonstration projects directed towards |
the development of an
integrated statewide system of |
geographic information management technology.
|
(Source: P.A. 94-961, eff. 6-27-06.)
|
(20 ILCS 1128/5-15 rep.)
|
Section 20. The Illinois Geographic Information Council |
|
Act is amended by repealing Section 5-15. |
(30 ILCS 768/Act rep.)
|
Section 27. The Park and Recreational Facility |
Construction Act is repealed. |
Section 30. The Counties Code is amended by changing |
Section 5-1062 as follows:
|
(55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
|
Sec. 5-1062. Stormwater management.
|
(a) The purpose of this Section is to allow management and |
mitigation of the
effects of urbanization on stormwater |
drainage in metropolitan counties located
in the area served by |
the Northeastern Illinois Planning Commission, and
references |
to "county" in this Section shall apply only to those counties.
|
This Section shall not apply to any county with a population in |
excess of
1,500,000, except as provided in subsection (c). The |
purpose of this Section
shall be achieved by:
|
(1) consolidating the existing stormwater management |
framework into a
united, countywide structure;
|
(2) setting minimum standards for floodplain and |
stormwater management;
and
|
(3) preparing a countywide plan for the management of |
stormwater runoff,
including the management of natural and |
man-made drainageways. The countywide
plan may incorporate |
|
watershed plans.
|
(b) A stormwater management planning committee shall be |
established by
county board resolution, with its membership |
consisting of equal numbers of
county board and municipal |
representatives from each county board
district, and such other |
members as may be determined by the county and
municipal |
members. However, if the county has more than 6 county board
|
districts, the county board may by ordinance divide the county |
into not
less than 6 areas of approximately equal population, |
to be used instead of
county board districts for the purpose of |
determining representation on the
stormwater management |
planning committee.
|
The county board members shall be appointed by the chairman |
of the county
board. Municipal members from each county board |
district or other
represented area shall be appointed by a |
majority vote of the mayors of
those municipalities which have |
the greatest percentage of their respective
populations |
residing in such county board district or other represented
|
area. All municipal and county board representatives shall be |
entitled
to a vote; the other members shall be nonvoting |
members, unless authorized
to vote by the unanimous consent of |
the municipal and county board
representatives. A municipality |
that is located in more than one county may
choose, at the time |
of formation of the stormwater management planning
committee |
and based on watershed boundaries, to participate in the
|
stormwater management planning program of either or both of the |
|
counties.
Subcommittees of the stormwater management planning |
committee may be
established to serve a portion of the county |
or a particular drainage basin
that has similar stormwater |
management needs. The stormwater management
planning committee |
shall adopt by-laws, by a majority vote of the county and
|
municipal members, to govern the functions of the committee and |
its
subcommittees. Officers of the committee shall include a |
chair and vice chair,
one of whom shall be a county |
representative and one a municipal
representative.
|
The principal duties of the committee shall be to develop a |
stormwater
management plan for presentation to and approval by |
the county board, and
to direct the plan's implementation and |
revision. The committee may retain
engineering, legal and |
financial advisors and inspection personnel. The
committee |
shall meet at least quarterly and shall hold at least one |
public
meeting during the preparation of the plan and prior to |
its submittal to the
county board.
|
(c) In the preparation of a stormwater management plan, a |
county
stormwater management planning committee shall |
coordinate the planning
process with each adjoining county to |
ensure that recommended stormwater
projects will have no |
significant impact on the levels or flows of
stormwaters in |
inter-county watersheds or on the capacity of existing and
|
planned stormwater retention facilities. An adopted stormwater |
management
plan shall identify steps taken by the county to |
coordinate the development
of plan recommendations with |
|
adjoining counties.
|
(d) (Blank). Before the stormwater management planning |
committee recommends to the
county board a stormwater |
management plan for the county or a portion thereof,
it shall |
submit the plan to the Office of Water Resources of the |
Department of Natural Resources and to the Northeastern |
Illinois Planning
Commission for review and recommendations. |
The Office
and the Commission, in reviewing the plan, shall |
consider such factors as
impacts on the levels or flows in |
rivers and streams and the cumulative effects
of stormwater |
discharges on flood levels. The Office of Water Resources shall |
determine whether the
plan or ordinances enacted to implement |
the plan complies with the requirements
of subsection (f). |
Within a period not to exceed 60 days, the review comments
and |
recommendations shall be submitted to the stormwater |
management planning
committee for consideration. Any |
amendments to the plan shall be
submitted to the Office and the |
Commission for review.
|
(e) Prior to recommending the plan to the county board, the |
stormwater
management planning committee shall hold at least |
one public hearing thereon
and shall afford interested persons |
an opportunity to be heard. The hearing
shall be held in the |
county seat. Notice of the hearing shall be published at
least |
once no less than 15 days in advance thereof in a newspaper of |
general
circulation published in the county. The notice shall |
state the time and place
of the hearing and the place where |
|
copies of the proposed plan will be
accessible for examination |
by interested parties. If an affected municipality
having a |
stormwater management plan adopted by ordinance wishes to |
protest the
proposed county plan provisions, it shall appear at |
the hearing and submit in
writing specific proposals to the |
stormwater management planning committee.
After consideration |
of the matters raised at the hearing, the committee may
amend |
or approve the plan and recommend it to the county board for |
adoption.
|
The county board may enact the proposed plan by ordinance. |
If the
proposals for modification of the plan made by an |
affected municipality having
a stormwater management plan are |
not included in the proposed county plan,
and the municipality |
affected by the plan opposes adoption of the county
plan by |
resolution of its corporate authorities, approval of
the county |
plan shall require an affirmative vote of at least two-thirds |
of the
county board members present and voting. If the county |
board wishes to
amend the county plan, it shall submit in |
writing specific proposals to the
stormwater management |
planning committee. If the proposals are not
approved by the |
committee, or are opposed by resolution of the corporate
|
authorities of an affected municipality having a municipal |
stormwater
management plan, amendment of the plan shall require |
an affirmative vote of
at least two-thirds of the county board |
members present and voting.
|
(f) The county board may prescribe by ordinance reasonable |
|
rules and
regulations for floodplain management and for |
governing the location,
width, course and release rate of all |
stormwater runoff channels, streams
and basins in the county, |
in accordance with the adopted stormwater
management plan. |
These rules and regulations shall, at a minimum, meet
the |
standards for floodplain management established by the Office |
of Water Resources and
the requirements of the Federal |
Emergency Management Agency for participation
in the National |
Flood Insurance Program.
|
(g) In accordance with, and if recommended in, the adopted |
stormwater
management plan, the county board may adopt a |
schedule of fees
as may be necessary to mitigate the effects of |
increased stormwater runoff
resulting from new development. |
The fees shall not exceed the cost of
satisfying the onsite |
stormwater retention or detention requirements of the
adopted |
stormwater management plan. The fees shall be used to finance
|
activities undertaken by the county or its included |
municipalities to
mitigate the effects of urban stormwater |
runoff by providing regional
stormwater retention or detention |
facilities, as identified in the county
plan. All such fees |
collected by the county shall be held in a separate fund,
and |
shall be expended only in the watershed within which they were |
collected.
|
(h) For the purpose of implementing this Section and for |
the
development, design, planning, construction, operation and |
maintenance of
stormwater facilities provided for in the |
|
stormwater management plan, a
county board that has established |
a stormwater management planning
committee pursuant to this |
Section may cause an annual tax of not to exceed
0.20% of the |
value, as equalized or assessed by the Department of Revenue,
|
of all taxable property in the county to be levied upon all the |
taxable
property in the county. The tax shall be in addition to |
all other taxes
authorized by law to be levied and collected in |
the county and shall be in
addition to the maximum tax rate |
authorized by law for general county
purposes. The 0.20% |
limitation provided in this Section may be increased
or |
decreased by referendum in accordance with the provisions of |
Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
|
Any revenues generated as a result of ownership or |
operation of facilities
or land acquired with the tax funds |
collected pursuant to this subsection
(h) shall be held in a |
separate fund and be used either to abate such
property tax or |
for implementing this Section.
|
However, unless at least part of the county has been |
declared after
July 1, 1986 by presidential proclamation to be |
a disaster area as a result
of flooding, the tax authorized by |
this subsection (h) shall not be levied
until the question of |
its adoption, either for a specified period or
indefinitely, |
has been submitted to the electors thereof and approved by a
|
majority of those voting on the question. This question may be |
submitted
at any election held in the county after the adoption |
of a resolution by
the county board providing for the |
|
submission of the question to the
electors of the county. The |
county board shall certify the resolution and
proposition to |
the proper election officials, who shall submit the
proposition |
at an election in accordance with the general election law. If
|
a majority of the votes cast on the question is in favor of the |
levy of
the tax, it may thereafter be levied in the county for |
the specified
period or indefinitely, as provided in the |
proposition. The question shall
be put in substantially the |
following form:
|
-------------------------------------------------------------
|
Shall an annual tax be levied
|
for stormwater management purposes YES
|
(for a period of not more than
|
...... years) at a rate not exceeding ------------------
|
.....% of the equalized assessed
|
value of the taxable property of NO
|
........ County?
|
-------------------------------------------------------------
|
(i) Upon the creation and implementation of a county |
stormwater management
plan, the county may petition the circuit |
court to dissolve any or all drainage
districts created |
pursuant to the Illinois Drainage Code or predecessor Acts
|
which are located entirely within the area of the county |
covered by the plan.
|
However, any active drainage district implementing a plan |
that is
consistent with and at least as stringent as the county |
|
stormwater
management plan may petition the stormwater |
management planning committee
for exception from dissolution. |
Upon filing of the petition, the committee
shall set a date for |
hearing not less than 2 weeks, nor more than 4 weeks,
from the |
filing thereof, and the committee shall give at least one |
week's
notice of the hearing in one or more newspapers of |
general circulation
within the district, and in addition shall |
cause a copy of the notice to be
personally served upon each of |
the trustees of the district. At the
hearing, the committee |
shall hear the district's petition and allow the
district |
trustees and any interested parties an opportunity to present |
oral
and written evidence. The committee shall render its |
decision upon the
petition for exception from dissolution based |
upon the best interests of
the residents of the district. In |
the event that the exception is not
allowed, the district may |
file a petition within 30 days of the decision
with the circuit |
court. In that case, the notice and hearing requirements
for |
the court shall be the same as herein provided for the |
committee.
The court shall likewise render its decision of |
whether to dissolve the
district based upon the best interests |
of residents of the district.
|
The dissolution of any drainage district shall not affect |
the obligation
of any bonds issued or contracts entered into by |
the district nor
invalidate the levy, extension or collection |
of any taxes or special
assessments upon the property in the |
former drainage district. All property
and obligations of the |
|
former drainage district shall be assumed and
managed by the |
county, and the debts of the former drainage district shall
be |
discharged as soon as practicable.
|
If a drainage district lies only partly within a county |
that adopts a
county stormwater management plan, the county may |
petition the circuit
court to disconnect from the drainage |
district that portion of the district
that lies within that |
county. The property of the drainage district within the
|
disconnected area shall be assumed and managed by the county. |
The county shall
also assume a portion of the drainage |
district's debt at the time of
disconnection, based on the |
portion of the value of the taxable property of the
drainage |
district which is located within the area being disconnected.
|
The operations of any drainage district that continues to |
exist in a
county that has adopted a stormwater management plan |
in accordance with
this Section shall be in accordance with the |
adopted plan.
|
(j) Any county that has adopted a county stormwater |
management plan
under this Section may, after 10 days written |
notice to the owner or
occupant, enter upon any lands or waters |
within the county for the purpose
of inspecting stormwater |
facilities or causing the removal of any
obstruction to an |
affected watercourse. The county shall be responsible
for any |
damages occasioned thereby.
|
(k) Upon petition of the municipality, and based on a |
finding of the
stormwater management planning committee, the |
|
county shall not enforce
rules and regulations adopted by the |
county in any municipality located
wholly or partly within the |
county that has a municipal stormwater
management ordinance |
that is consistent with and at least as stringent as
the county |
plan and ordinance, and is being enforced by the municipal
|
authorities.
|
(l) A county may issue general obligation bonds for |
implementing any
stormwater plan adopted under this Section in |
the manner prescribed in
Section 5-1012; except that the |
referendum requirement of Section 5-1012 shall
not apply to |
bonds issued pursuant to this Section on which the principal |
and
interest are to be paid entirely out of funds generated by |
the taxes and fees
authorized by this Section.
|
(m) The powers authorized by this Section may be |
implemented by the
county board for a portion of the county |
subject to similar stormwater
management needs.
|
(n) The powers and taxes authorized by this Section are in |
addition to the
powers and taxes authorized by Division 5-15; |
in exercising its powers
under this Section, a county shall not |
be subject to the restrictions and
requirements of that |
Division.
|
(o) Pursuant to paragraphs (g) and (i) of Section 6 of |
Article VII of
the Illinois Constitution, this Section |
specifically denies and limits the
exercise of any power which |
is inconsistent herewith by home rule units in
any county with |
a population of less than 1,500,000 in the area served by
the |
|
Northeastern Illinois Planning Commission. This Section does |
not
prohibit the concurrent exercise of powers consistent |
herewith.
|
(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
|
Section 45. The Energy Assistance Act is amended by |
changing Section 5 as follows:
|
(305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
|
Sec. 5. Policy Advisory Council.
|
(a) Within the Department of Commerce and Economic |
Opportunity is created a
Low Income Energy Assistance Policy |
Advisory Council.
|
(b) The Council shall be chaired by the Director
of |
Commerce and Economic Opportunity or his or her designee. There |
shall be 19 20
members of the Low Income Energy Assistance |
Policy Advisory Council, including
the chairperson and the |
following members:
|
(1) one member designated by the Illinois Commerce
|
Commission;
|
(2) (blank); one member designated by the Illinois |
Department of
Natural Resources;
|
(3) one member designated by the Illinois Energy
|
Association to represent electric public utilities serving |
in excess of 1
million customers in this State;
|
(4) one member agreed upon by gas public utilities
that
|
|
serve more than 500,000 and fewer than 1,500,000 customers |
in this State;
|
(5) one member agreed upon by gas public utilities that |
serve 1,500,000 or
more customers in this State;
|
(6) one member designated by the Illinois Energy
|
Association to represent combination gas and electric |
public utilities;
|
(7) one member agreed upon by the Illinois Municipal
|
Electric Agency and the Association of Illinois Electric |
Cooperatives;
|
(8) one member agreed upon by the Illinois Industrial
|
Energy Consumers;
|
(9) three members designated by the Department to
|
represent low income energy consumers;
|
(10) two members designated by the Illinois Community |
Action Association
to
represent local agencies that assist |
in the administration of this Act;
|
(11) one member designated by the Citizens Utility |
Board
to represent residential energy consumers;
|
(12) one member designated by the Illinois Retail
|
Merchants Association to represent commercial energy |
customers;
|
(13) one member designated by the Department to
|
represent independent energy providers; and
|
(14) three members designated by the Mayor of the City |
of Chicago.
|
|
(c) Designated and appointed members shall serve 2 year |
terms and
until their successors are appointed and qualified. |
The designating
organization shall notify the chairperson of |
any changes or substitutions of a
designee within 10 business |
days of a change or substitution. Members shall
serve without |
compensation, but may receive reimbursement for actual costs
|
incurred in fulfilling their duties as members of the Council.
|
(d) The Council shall have the following duties:
|
(1) to monitor the administration of this Act to ensure
|
effective, efficient, and coordinated program development |
and implementation;
|
(2) to assist the Department in developing and
|
administering rules and regulations required to be |
promulgated pursuant to this
Act in a manner consistent |
with the purpose and objectives of this Act;
|
(3) to facilitate and coordinate the collection and
|
exchange of all program data and other information needed |
by the Department and
others in fulfilling their duties |
pursuant to this Act;
|
(4) to advise the Department on the proper level of
|
support required for effective administration of the Act;
|
(5) to provide a written opinion concerning any
|
regulation proposed pursuant to this Act, and to review and |
comment on any
energy assistance or related plan required |
to be prepared by the Department;
|
(6) to advise the Department on the use of funds |
|
collected pursuant to
Section 11 of this Act, and on any |
changes to existing low income energy
assistance programs |
to make effective use of such funds, so long as such uses
|
and changes are consistent with the requirements of the |
Act.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
(305 ILCS 20/8 rep.)
|
Section 50. The Energy Assistance Act is amended by |
repealing Section 8. |
Section 55. The Interstate Ozone Transport Oversight Act is |
amended by changing Section 20 as follows:
|
(415 ILCS 130/20)
|
Sec. 20. Legislative referral and public hearings.
|
(a) Not later than 10 days after the development of any |
proposed
memorandum of understanding by the Ozone Transport |
Assessment Group
potentially requiring the State of Illinois to |
undertake emission reductions
in addition to those specified by |
the Clean Air Act Amendments of 1990, or
subsequent to the |
issuance of a request made by the United States Environmental
|
Protection Agency on or after June 1, 1997 for
submission of a |
State Implementation Plan for Illinois relating to ozone
|
attainment and before submission of the Plan, the
Director |
shall submit
the proposed memorandum of understanding or State |
|
Implementation Plan to
the House Committee and the Senate
|
Committee for their consideration. At that time, the Director |
shall also
submit information detailing any alternate |
strategies.
|
(b) To assist the legislative review required by this Act, |
the Department
of Natural Resources and the Department of |
Commerce and Economic Opportunity shall
conduct a joint study |
of the impacts on the State's economy which may result
from |
implementation of the emission reduction strategies contained |
within any
proposed memorandum of understanding or State |
Implementation Plan relating to
ozone and from implementation |
of any alternate
strategies. The study shall include, but not |
be limited to, the impacts on
economic development, employment, |
utility costs and rates, personal income, and
industrial |
competitiveness which may result from implementation of the |
emission
reduction strategies contained within any proposed |
memorandum of agreement or
State Implementation Plan relating |
to ozone and
from implementation of any alternate strategies. |
The study shall be
submitted
to the House Committee and Senate |
Committee not less than 10 days prior to any
scheduled hearing |
conducted pursuant to subsection (c) of this Section.
|
(c) Upon receipt of the information required by subsections |
(a) and (b) of
this Section, the House Committee and Senate |
Committee shall each convene
one or more public hearings to |
receive comments from agencies of government and
other |
interested parties on the memorandum of understanding's or |
|
State
Implementation Plan's prospective
economic and |
environmental impacts, including its impacts on energy use,
|
economic development, utility costs and rates, and |
competitiveness.
Additionally,
comments shall be received on |
the prospective economic and environmental
impacts, including |
impacts on energy use, economic development, utility
costs and |
rates, and competitiveness, which may result from |
implementation of
any
alternate strategies.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
(515 ILCS 5/1-235 rep.)
|
Section 60. The Fish and Aquatic Life Code is amended by |
repealing Section 1-235.
|
(520 ILCS 20/2 rep.)
|
(520 ILCS 20/6 rep.)
|
(520 ILCS 20/7 rep.)
|
(520 ILCS 20/8 rep.)
|
(520 ILCS 20/9 rep.)
|
Section 65. The Wildlife Habitat Management Areas Act is |
amended by repealing Sections 2, 6, 7, 8, and 9. |
Section 70. The Rivers, Lakes, and Streams Act is amended |
by changing Section 23a as follows:
|
(615 ILCS 5/23a) (from Ch. 19, par. 70a)
|
|
Sec. 23a. The Department is authorized to carry out |
inspections of any
dam within the State, and to establish |
standards and issue permits for the
safe construction of new |
dams and the reconstruction, repair, operation
and maintenance |
of all existing dams. If any inspection carried out
by the |
Department or by a federal agency in which the Department |
concurs
determines that a dam is in an unsafe condition, the |
Department shall
so notify the appropriate public officials of |
the affected city or county,
the State's Attorney of the county |
in which the dam is located, and the
Illinois Emergency |
Management Agency.
|
The Department may compel the installation of fishways in |
dams wherever
deemed necessary.
|
The Department may establish by rule minimum water levels |
for water behind
dams on streams and rivers as necessary to |
preserve the fish and other aquatic
life and to safeguard the |
health of the community.
|
Upon a determination of the Department that a dam |
constitutes a serious
threat to life or a threat of substantial |
property damage, the Department
may issue orders to require |
changes in the structure or its operation or
maintenance |
necessary for proper control of water levels at normal stages
|
and for the disposal of flood waters and for the protection of |
navigation
and any persons or property situated downstream from |
the dam or to otherwise
remove the threat provided, however, |
that no existing dam, based solely
upon the enactment by any |
|
governmental unit of any new rule, regulation,
ordinance, law, |
or other requirement passed after the construction of the
dam, |
shall be deemed to constitute a serious threat to life or a |
threat of
substantial property damage if it was designed and |
constructed under a
permit from the State of Illinois in |
conformance with all applicable
standards existing at the time |
of its construction and is in good repair.
|
The Department shall be required, prior to taking any |
action to compel
alteration or breaching of any dam, to furnish |
in writing to the owner of
the dam (1) a detailed and specific |
list of defects discovered in the course
of inspection of the |
dam, including the specific nature of any inadequacies
in the |
capacity of the spillway system and any indications of seepage, |
erosion,
or other evidence of structural deficiency in the dam |
or spillway; and (2)
a statement of the applicable standards |
that if complied with by the owner
of the dam would put the dam |
into compliance with the State's requirements.
|
No order shall be issued requiring alteration of any |
existing dam until after
notice and opportunity for hearing has |
been provided by the Department to the
dam owners. If the owner |
or owners of the dam are unknown, notice will be
provided by |
publication in a newspaper of general circulation in the county |
in
which the structure is located. Any order issued under this |
Section shall
include a statement of the findings supporting |
the order.
|
Opportunity for hearing is not required in emergency |
|
situations when the
Department finds there is imminent hazard |
to personal public safety of people.
|
The Department may enforce the provisions of this Section |
and of rules
and orders issued hereunder by injunction or other
|
appropriate action.
|
Neither the Department of Natural Resources nor
employees |
or agents of the Department shall be liable for damages |
sustained
through the partial or total failure of any dam or |
the operation or maintenance
of any dam by reason of the |
Department's regulation thereof. Nothing in this
Act shall |
relieve an owner or operator of a dam from the legal duties,
|
obligations, and liabilities arising from ownership or |
operation.
|
The Department shall review and update its operations |
manuals for the Algonquin Dam and the William G. Stratton Lock |
and Dam on an annual basis. |
(Source: P.A. 96-388, eff. 1-1-10.)
|
Section 999. Effective date. This Act takes effect upon |
becoming law.
|