SB3162 104TH GENERAL ASSEMBLY

LRB104 19432 BDA 32880 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3162

Introduced 2/2/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

415 ILCS 55/4	from Ch. 111 1/2, par. 7454
525 ILCS 45/5.4 new

Amends the Water Use Act of 1983. Provides that the Department of Agriculture shall consider water quantity in its procedures for restricting groundwater withdrawal under the Act and rules adopted under the Act. Requires the Department to adopt rules. Amends the Illinois Groundwater Protection Act to direct the Interagency Coordinating Committee on Groundwater to submit a report to the Governor and the General Assembly on or before January 1, 2028, on the unsustainable depletion of aquifers in the State with a legislative proposal to remedy the problem.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Groundwater Protection Act is amended by changing Section 4 as follows:

(415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)

Sec. 4. Interagency Coordinating Committee on Groundwater.

(a) There shall be established within State government an interagency committee which shall be known as the Interagency Coordinating Committee on Groundwater. The Committee shall be composed of the Director, or his designee, of the following agencies:

(1) The Illinois Environmental Protection Agency, who shall chair the Committee.

(2) The Illinois Department of Natural Resources.

(3) The Illinois Department of Public Health.

(4) The Office of Mines and Minerals within the Department of Natural Resources.

(5) The Office of the State Fire Marshal.

(6) The Division of Water Resources of the Department of Natural Resources.

(7) The Illinois Department of Agriculture.

(8) The Illinois Emergency Management Agency.

(9) The Illinois Department of Nuclear Safety.

(b) The Committee shall meet not less than twice each calendar year and shall:

(1) Review and coordinate the State's policy on groundwater protection.

(2) Review and evaluate State laws, regulations and procedures that relate to groundwater protection.

(3) Review and evaluate the status of the State's efforts to improve the quality of the groundwater and of the State enforcement efforts for protection of the groundwater and make recommendations on improving the State efforts to protect the groundwater.

(4) Recommend procedures for better coordination among State groundwater programs and with local programs related to groundwater protection.

(5) Review and recommend procedures to coordinate the State's response to specific incidents of groundwater pollution and coordinate dissemination of information between agencies responsible for the State's response.

(6) Make recommendations for and prioritize the State's groundwater research needs.

(7) Review, coordinate and evaluate groundwater data collection and analysis.

(8) Beginning on January 1, 1990, report biennially to the Governor and the General Assembly on groundwater quality, quantity, and the State's enforcement efforts.

(c) The Chairman of the Committee shall propose a groundwater protection regulatory agenda for consideration by the Committee and the Council. The principal purpose of the agenda shall be to systematically consider the groundwater protection aspects of relevant federal and State regulatory programs and to identify any areas where improvements may be warranted. To the extent feasible, the agenda may also serve to facilitate a more uniform and coordinated approach toward protection of groundwaters in Illinois. Upon adoption of the final agenda by the Committee, the Chairman of the Committee shall assign a lead agency and any support agencies to prepare a regulatory assessment report for each item on the agenda. Each regulatory assessment report shall specify the nature of the groundwater protection provisions being implemented and shall evaluate the results achieved therefrom. Special attention shall be given to any preventive measures being utilized for protection of groundwaters. The reports shall be completed in a timely manner. After review and consideration by the Committee, the reports shall become the basis for recommending further legislative or regulatory action.

(d) No later than January 1, 1992, the Interagency Coordinating Committee on Groundwater shall provide a comprehensive status report to the Governor and the General Assembly concerning implementation of this Act.

(e) The Committee shall consider findings and recommendations that are provided by the Council, and respond in writing regarding such matters. The Chairman of the Committee shall designate a liaison person to serve as a facilitator of communications with the Council.

(f) The Committee shall prepare a report, in consultation with the Office of Water Resources of the Department of Natural Resources, the Bureau of Water of the Environmental Protection Agency, the Department of Public Health, the Department of Agriculture, and the Illinois State Water Survey of the Prairie Research Institute at the University of Illinois. The report shall include detailed information on the unsustainable depletion of aquifers in the State and propose legislation, including, but not limited to, amendments to the Water Use Act of 1983, to establish a single statewide permitting program for groundwater withdrawal. This program shall regulate both the quality and quantity of groundwater to prevent unsustainable aquifer depletion while improving, expanding, and simplifying the current patchwork of State groundwater regulations administered by multiple agencies. On or before January 1, 2028, the Committee shall submit copies of the report to the General Assembly, as provided in Section 3.1 of the General Assembly Organization Act, and to the Governor.

(Source: P.A. 102-1071, eff. 6-10-22.)

Section 10. The Water Use Act of 1983 is amended by adding Section 5.4 as follows:

(525 ILCS 45/5.4 new)

Sec. 5.4. Groundwater withdrawals. The Department shall consider water quantity in its procedures for restricting groundwater withdrawal under this Act and rules adopted under this Act. The Department shall adopt rules implementing and administering this Section.