HB4502 98TH GENERAL ASSEMBLY

LRB098 17642 MLW 52755 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4502

Introduced , by Rep. Jil Tracy

SYNOPSIS AS INTRODUCED:

615 ILCS 5/40 new

Amends the Rivers, Lakes, and Streams Act. Provides that the Department of Natural Resources shall (1) for levee improvements provide notice of submissions, a detailed timeline, specific requirements, and any internal review procedures to the submitter within 90 days; (2) for rural construction along navigable waterways permit a water surface profile increase of 0.5 feet; (3) for urban construction permit a water surface profile increase of 0.1 feet; and (4) require a mitigation analysis only if water surface profile increases exceed an induced head study. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Rivers, Lakes, and Streams Act is amended by adding Section 40 as follows:

(615 ILCS 5/40 new)

Sec. 40. Department requirements.

(a) For the purposes of this Section:

"Base condition" means the current pre-permit top of levee elevation profile, cross-sections, and levee centerline alignment.

"Induced head" means:

(i) the change of the water surface profile; and

(ii) any change in water elevations upstream or downstream of the proposed improvement due to the change of a base condition in levee height to a proposed condition in levee height or encroachment.

"Proposed condition" means the change requested for State and federal permits.

(b) Notwithstanding any other provision of law, the Department shall require the following:

(1) with respect to the Department's permit process for levee improvements, the Department shall provide notice of submissions, a detailed timeline, specific requirements, and any internal review procedures for review to the submitter within 90 days;

(2) with respect to Department standards for construction in rural areas along navigable waterways, the Department shall permit a water surface profile increase of 0.5 feet;

(3) with respect to Department standards for construction in urban areas, the Department shall permit a water surface profile increase of 0.1 feet; and

(4) with respect to mitigation analysis, a mitigation analysis shall only be performed if a water surface profile increase of 0.5 feet in rural areas, or of 0.1 in urban areas, exceeds an induced head study.

Section 99. Effective date. This Act takes effect upon becoming law.