SB2628ham003 103RD GENERAL ASSEMBLY

Rep. Sharon Chung

Filed: 5/10/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2628

2    AMENDMENT NO. ______. Amend Senate Bill 2628 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.55 as follows:
 
6    (5 ILCS 100/5-45.55 new)
7    Sec. 5-45.55. Emergency rulemaking; the Department of
8Natural Resources. To provide for the expeditious and timely
9implementation of Section 13 of the Rivers, Lakes, and Streams
10Act, emergency rules implementing Section 13 of the Rivers,
11Lakes, and Streams Act may be adopted in accordance with
12Section 5-45 by the Department of Natural Resources. The
13adoption of emergency rules authorized by Section 5-45 and
14this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date

 

 

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1of this amendatory Act of the 103rd General Assembly.
 
2    Section 10. The Rivers, Lakes, and Streams Act is amended
3by changing Section 30 and by adding Section 18k as follows:
 
4    (615 ILCS 5/18k new)
5    Sec. 18k. National Flood Insurance Program State agency
6requirements.
7    (a) As used in this Section:
8    "Department" means the Department of Natural Resources.
9    "Development" and "developed" mean any man-made change to
10real estate, including, but not limited to:
11        (1) demolition, construction, reconstruction, repair,
12    placement of a building, or any structural alteration to a
13    building;
14        (2) substantial improvement of an existing building;
15        (3) installation of a manufactured home on a site,
16    preparing a site for a manufactured home, or installing a
17    travel trailer on a site for more than 180 days per year;
18        (4) installation of utilities, construction of roads,
19    bridges, culverts, or similar projects;
20        (5) redevelopment of a site, or clearing of land as an
21    adjunct of construction or construction or erection of
22    levees, dams, walls, or fences;
23        (6) drilling, mining, filling, dredging, grading,
24    excavation, paving, or other alterations of the ground

 

 

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1    surface;
2        (7) storage of materials, including the placement of
3    gas or liquid storage tanks, and channel modifications or
4    any other activity that might change the direction,
5    height, or velocity of flood or surface waters.
6    "Development" and "developed" do not include resurfacing
7of pavement when there is no increase in elevation;
8construction of farm fencing; or gardening, plowing, and
9similar practices that do not involve filling, grading, or
10construction of levees.
11    "Special flood hazard area" means an area having special
12flood, mudflow or flood-related erosion hazards and shown on a
13Federal Emergency Management Agency Flood Hazard Boundary Map
14or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99,
15AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.
16    "State agencies" means any department, commission, board,
17or agency under the jurisdiction of the Governor, any board,
18commission, agency, or authority which has a majority of its
19members appointed by the Governor, and the Governor's Office.
20    (b) The Department shall ensure that State agencies comply
21with National Flood Insurance Program requirements set forth
22in this Section.
23    (c) All State agencies shall obtain a special flood hazard
24area development permit before undertaking development
25activity on State-owned property that is located in a special
26flood hazard area. The Department shall adopt an

 

 

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1administrative rule setting forth a State special flood hazard
2area development program to ensure the following via the
3issuance of permits prior to any State agency development
4within a special flood hazard area:
5        (1) Review of all proposed new development in a
6    special flood hazard area to ensure compliance with the
7    standards set forth in the administrative rule.
8        (2) Monitoring and inspecting developments currently
9    under construction in a special flood hazard area to
10    ensure compliance with the standards set forth in the
11    administrative rule.
12        (3) Correction, to the extent reasonably practical in
13    the sole determination of the Department, of all previous
14    development in a special flood hazard area found not to be
15    in compliance with the standards set forth in the
16    administrative rule.
17        (4) The standards set forth in the administrative rule
18    shall, at a minimum, be as stringent as the federal
19    regulations adopted by the Federal Emergency Management
20    Agency to implement the National Flood Insurance Act (42
21    U.S.C. 4001 et seq.) that are published in 44 CFR 59
22    through 60.
23    (d) State agencies that administer grants or loans for
24financing a development within a special flood hazard area
25shall cooperate with the Department to ensure that
26participants in their programs are informed of the existence

 

 

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1and location of special flood hazard areas and of any State or
2local floodplain requirements that are in effect in such
3areas.
4    (e) State agencies that are responsible for regulating or
5permitting a development within a special flood hazard area
6shall cooperate with the Department to ensure that
7participants in their programs are informed of the existence
8and location of special flood hazard areas and of any State or
9local floodplain requirements that are in effect in such
10areas.
11    (f) State agencies that are engaged in planning programs
12or promoting a program for the development shall cooperate
13with the Department to ensure that participants in their
14programs are informed of the existence and location of special
15flood hazard areas and of any State or local floodplain
16requirements in effect in such areas.
17    (g) The Department shall provide available special flood
18hazard area information to assist State agencies in complying
19with the requirements established by this Section. The
20Department may enter into a memorandum of understanding with a
21State agency to outline procedures and processes to review
22proposed development activity on State-owned property located
23in a special flood hazard area. Such a memorandum of
24understanding may allow for alternative approvals for the
25issuance of permits. If the Department enters into a
26memorandum of understanding with a State agency to allow an

 

 

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1alternative permit process any permits or work completed under
2those alternatives is subject to audit and review by the
3Department.
 
4    (615 ILCS 5/30)  (from Ch. 19, par. 78.1)
5    Sec. 30. The Department of Natural Resources may make such
6reasonable rules and regulations as may be necessary to
7administer this Act.
8    The Department may adopt emergency rules in accordance
9with Sections 5-45 and 5-45.55 of the Illinois Administrative
10Procedure Act. The adoption of emergency rules authorized by
11Sections 5-45 and 5-45.55 of the Illinois Administrative
12Procedure Act and this paragraph is deemed to be necessary for
13the public interest, safety, and welfare.
14(Source: P.A. 89-445, eff. 2-7-96.)".