Illinois General Assembly - Full Text of SB1489
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Full Text of SB1489  96th General Assembly


Sen. Iris Y. Martinez

Filed: 3/25/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 1489, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5     "Section 1. Short title. This Act may be cited as the Green
6 Infrastructure for Clean Water Act.
7     Section 5. Definitions. As used in this Act:
8     "Agency" means the Illinois Environmental Protection
9 Agency.
10     "Green infrastructure" means any storm water management
11 technique or practice employed with the primary goal of
12 preserving, restoring, or mimicking natural hydrology. Green
13 infrastructure includes, but is not limited to, methods of
14 using soil and vegetation to promote soil percolation,
15 evapotranspiration, and filtration. Green infrastructure
16 includes the preservation and restoration of natural landscape



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1 features, such as forests, floodplains, headwaters, and
2 wetlands. Green infrastructure also includes rain gardens,
3 permeable pavements, green roofs, infiltration planters, trees
4 and tree boxes, and rainwater harvesting for non-potable uses,
5 such as toilet flushing and landscape irrigation.
6     Section 10. Legislative findings.
7     (a) The General Assembly finds that:
8         (1) urban storm water, when not properly controlled and
9     treated, can cause pollution of the waters of the State,
10     threaten public health, and damage property by carrying
11     pollutants from our highways, streets, roads, parking
12     lots, driveways, sidewalks, alleys, lawns, and other
13     surfaces of low permeability into lakes, rivers, streams,
14     and ponds;
15         (2) development can increase storm water runoff by
16     increasing the size and number of paved and other
17     impervious surfaces within a watershed and decreasing the
18     extent of vegetated and other permeable surface areas that
19     control storm water runoff through natural infiltration
20     and evapotranspiration and groundwater recharge;
21         (3) current urban storm water related threats to the
22     State's water resources include pollution, increased water
23     temperatures, flooding, groundwater depletion, loss of
24     habitat, stream bank erosion, sewer overflows, basement
25     backups, contaminated drinking water sources, and



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1     sedimentation of waterways; and
2         (4) some studies show that preserving and expanding
3     natural and built green infrastructure can minimize
4     negative impacts and enhance the resilience of water
5     infrastructure and water bodies.
6     (b) The General Assembly also finds that there are a number
7 of potential benefits from the use of green infrastructure,
8 including:
9         (1) Cleaner Water. Green infrastructure can reduce the
10     volume of storm water runoff in combined and separate sewer
11     systems, and the concentrations of pollutants in those
12     discharges.
13         (2) Enhanced Water Supplies. Most green infrastructure
14     approaches allow at least a portion of storm water to
15     infiltrate surrounding soil, where it recharges the
16     groundwater and stream base flows, contributing to
17     drinking water supplies and helping to stabilize aquatic
18     ecosystems. Green infrastructure systems that capture and
19     reuse storm water also help to conserve other water
20     sources.
21         (3) Reduced Flooding. Green infrastructure can help
22     control surface flooding and stabilize local hydrology by
23     reducing peak flows.
24         (4) Cleaner Air. Trees and vegetation improve air
25     quality by filtering many airborne pollutants, thereby
26     helping to reduce the incidence of respiratory illness.



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1         (5) Increased Energy Efficiency. Trees and other
2     vegetation create shade, reduce the amount of heat
3     absorbing materials, and emit water vapor, which controls
4     surface temperature, thus helping to alleviate the urban
5     heat island effect. Limiting impervious surface, using
6     light colored impervious surfaces and green roofs also
7     mitigates extreme urban temperatures. By helping to lower
8     ambient temperatures and, when incorporated on and around
9     buildings, helping to shade and insulate buildings from
10     wide temperature swings, green infrastructure can reduce
11     the energy needed for heating and cooling. Green roofs and
12     shade can increase the life span of roofs, thus reducing
13     the need for production and transportation of conventional
14     roof materials. Energy use associated with pumping and
15     treating can be reduced as storm water is diverted from
16     wastewater collection, conveyance, and treatment systems.
17         (6) Mitigation of and Adaptation to Impacts of Climate
18     Change. Green infrastructure strategies can reduce energy
19     demands and, thus, greenhouse gas emissions by reducing
20     storm water volume and the associated treatment required,
21     reducing the amount of potable water needed, providing
22     thermal insulation and shade for buildings, mitigating the
23     urban heat island effect, and sequestering carbon. These
24     strategies can also help with adaptation to projected
25     climate change impacts, including increased storm
26     intensity, flood potential, and impacts on the quantity of



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1     surface and ground water supplies.
2         (7) Wildlife Habitat. Stream buffers, wetlands, parks,
3     meadows, and other forms of green infrastructure increase
4     biodiversity within the urban environment.
5         (8) Community Benefits. Trees and plants improve urban
6     aesthetics and community livability by providing
7     recreational and scenic wildlife areas. Studies show that
8     property values are higher, violence is reduced, and crime
9     is reduced when trees and other vegetation are present.
10         (9) Health Benefits. Studies show that people who have
11     access to the open space provided by green infrastructure
12     in their communities get more exercise, live longer, and
13     report better health in general. Exposure to green
14     infrastructure (even through a window) improves mental
15     functioning, reduces stress, and reduces recovery time
16     from surgery.
17         (10) Green Jobs. Designing, installing, and
18     maintaining green infrastructure creates new jobs for
19     architects, designers, engineers, construction workers,
20     maintenance workers, landscapers, nurseries, and related
21     services.
22         (11) Cost Savings. Using green infrastructure in
23     certain situations can save or reduce (i) capital costs
24     associated with paving, constructing curbs and gutters,
25     and building large collection and conveyance systems; (ii)
26     operating and maintenance expenses for treatment plants,



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1     pumping stations, pipes, and other hard infrastructure;
2     (iii) energy costs for pumping water; (iv) costs associated
3     with treatment during wet weather; and (v) costs of
4     repairing the damage caused by storm water, such as stream
5     bank restoration and flood damage.
6     Section 15. IEPA Study. By June 30, 2010, the Illinois
7 Environmental Protection Agency, in consultation with the
8 Illinois Department of Natural Resources, the Illinois
9 Department of Transportation, storm water management agencies,
10 and other interested parties that the Agency deems appropriate
11 to include, shall submit to the General Assembly and the
12 Governor a report that reviews the latest available scientific
13 research and institutional knowledge to evaluate and document
14 the following:
15     (a) The nature and extent of urban storm water impacts on
16 water quality in watersheds in Illinois;
17     (b) Potential urban storm water management performance
18 standards to address flooding, water pollution, stream
19 erosion, habitat quality, and the effectiveness of green
20 infrastructure practices to achieve such standards;
21     (c) The prevalence of green infrastructure use in Illinois;
22     (d) The costs and benefits of green versus grey
23 infrastructure;
24     (e) Existing and potential new urban storm water management
25 regulatory programs and methods and feasibility of integrating



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1 a State program with existing and potential regional and local
2 programs in Illinois;
3     (f) Findings and recommendations for adopting an urban
4 storm water management regulatory program in Illinois which
5 includes performance standards and encourages the use of green
6 infrastructure to achieve those standards; and
7     (g) The feasibility and consequences of devoting 20% of the
8 Water Revolving Fund to green infrastructure, water and energy
9 efficiency, and other environmentally innovative activities on
10 a long-term basis.
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.".