Full Text of HB1723 98th General Assembly
HB1723ham001 98TH GENERAL ASSEMBLY | Rep. Jil Tracy Filed: 4/11/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1723
| 2 | | AMENDMENT NO. ______. Amend House Bill 1723 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Drainage Code is amended by | 5 | | changing Section 5-2 as follows:
| 6 | | (70 ILCS 605/5-2) (from Ch. 42, par. 5-2)
| 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
| 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.
| 4 | | (Source: P.A. 83-726.)
| 5 | | Section 10. The Rivers, Lakes, and Streams Act is amended | 6 | | by adding Section 40 as follows: | 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.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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