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Rep. Jil Tracy
Filed: 4/11/2013
| | 09800HB1723ham001 | | LRB098 05768 OMW 44133 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1723
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1723 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Drainage Code is amended by |
| 5 | | changing Section 5-2 as follows:
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| 6 | | (70 ILCS 605/5-2) (from Ch. 42, par. 5-2)
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| 7 | | Sec. 5-2.
Original
assessments - Property subject to |
| 8 | | assessment.
Upon the Organization of the district, the |
| 9 | | commissioners shall proceed
to make out their assessment roll |
| 10 | | of benefits, damages and compensation,
and they shall include |
| 11 | | therein all lands, lots, railroads, and other property
within |
| 12 | | the district, including State highways, streets, and alleys, |
| 13 | | other than
public highways, streets and alleys, which, in their
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| 14 | | opinion, will be benefited, taken or damaged by the proposed |
| 15 | | work. Whenever
another district or a municipal corporation |
| 16 | | exercising drainage powers has
been made a party to the |
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| 1 | | proceedings to organize the district, then the
commissioners |
| 2 | | shall also include such other district or municipal
corporation |
| 3 | | in their assessment roll.
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| 4 | | (Source: P.A. 83-726.)
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| 5 | | Section 10. The Rivers, Lakes, and Streams Act is amended |
| 6 | | by adding Section 40 as follows:
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| 7 | | (615 ILCS 5/40 new) |
| 8 | | Sec. 40. Department requirements. |
| 9 | | (a) Notwithstanding any other provision of law, the |
| 10 | | Department shall require the following: |
| 11 | | (1) with respect to the Department's permit process for |
| 12 | | levee improvements, the Department shall provide notice of |
| 13 | | submissions and a detailed timeline for review the |
| 14 | | submitter within 90 days; |
| 15 | | (2) with respect to Department standards for |
| 16 | | construction in rural areas, the Department shall permit a |
| 17 | | water surface profile increase of 0.5 feet; |
| 18 | | (3) with respect to Department standards for |
| 19 | | construction in urban areas, the Department shall permit a |
| 20 | | water surface profile increase of 0.1 feet; and |
| 21 | | (4) with respect to mitigation analysis, a mitigation |
| 22 | | analysis shall only be performed if a water surface profile |
| 23 | | increase of 0.5 feet in rural areas, or of 0.1 in urban |
| 24 | | areas, exceeds an induced head study. |
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| 1 | | (b) For the purposes of this Section: |
| 2 | | "Base condition" means the current pre-permit top of |
| 3 | | levee elevation profile, cross-sections, and levee |
| 4 | | centerline alignment. |
| 5 | | "Induced head" means (i) the change of the water |
| 6 | | surface profile; and (ii) any change in water elevations |
| 7 | | upstream or downstream of the proposed improvement due to |
| 8 | | the change of a base condition in levee height to a |
| 9 | | proposed condition in levee height or encroachment. |
| 10 | | "Proposed condition" means the change requested for |
| 11 | | State and Federal permits.
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| 12 | | Section 99. Effective date. This Act takes effect upon |
| 13 | | becoming law.".
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