Full Text of HB0404 97th General Assembly
HB0404enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Employee Housing Act is amended by | 5 | | changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35 | 6 | | as follows:
| 7 | | (5 ILCS 412/5-5)
| 8 | | Sec. 5-5. Policy development. The Department of | 9 | | Conservation, the
Department of Corrections, the Historic | 10 | | Preservation Agency, the University of
Illinois, and the | 11 | | University of Illinois Foundation shall each develop a policy
| 12 | | on housing for State employees that addresses the following:
| 13 | | (1) Purpose of providing housing.
| 14 | | (2) Application procedures.
| 15 | | (3) Eligibility.
| 16 | | (4) Tenant selection criteria.
| 17 | | (5) Accounting for housing in employee compensation.
| 18 | | (6) Employee responsibilities that necessitate | 19 | | State-provided housing.
| 20 | | (7) Procedures for setting and adjusting rent, | 21 | | security deposits, and
utility payments.
| 22 | | (8) Documented justification for State ownership of | 23 | | each house or
property.
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| 1 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 2 | | (5 ILCS 412/5-10)
| 3 | | Sec. 5-10. Taxable status. The Department of Agriculture, | 4 | | the Department
of Conservation, the Department of Corrections, | 5 | | the Department of Veterans'
Affairs, and the University of | 6 | | Illinois shall each develop procedures to
determine whether | 7 | | housing provided to employees and non-employees is subject to
| 8 | | taxation. The Department of Revenue and the Internal Revenue | 9 | | Service may be
consulted to determine the appropriate means of | 10 | | reporting the value of housing
provided at below fair market | 11 | | rent to those who do not meet all established
criteria.
| 12 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 13 | | (5 ILCS 412/5-15)
| 14 | | Sec. 5-15. Rental housing. The Department of Conservation, | 15 | | the Department
of Corrections, the Historic Preservation | 16 | | Agency, the Department of
Transportation, the University of | 17 | | Illinois, and the University of Illinois
Foundation shall each | 18 | | analyze the need for providing low-rent housing to its
| 19 | | employees and shall consider alternatives to State-owned | 20 | | housing. Rent charged
for State-owned housing shall be | 21 | | evaluated every 3 years for adjustments,
including that | 22 | | necessitated by changing economic conditions.
| 23 | | (Source: P.A. 89-214, eff. 8-4-95.)
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| 1 | | (5 ILCS 412/5-20)
| 2 | | Sec. 5-20. Security deposit. The Department of | 3 | | Conservation, the
Department of Corrections, the Department of | 4 | | Transportation, the Historic
Preservation Agency, the | 5 | | University of Illinois, and the University of Illinois
| 6 | | Foundation shall each analyze the need for all employee and | 7 | | non-employee
tenants of State-owned housing to pay a reasonable | 8 | | security deposit and may
each collect security deposits and | 9 | | maintain them in interest-bearing accounts.
| 10 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 11 | | (5 ILCS 412/5-25)
| 12 | | Sec. 5-25. Utilities. The Department of Conservation, the | 13 | | Department of
Corrections, the Historic Preservation Agency, | 14 | | and the University of Illinois
may each require its employees | 15 | | for whom it provides housing to pay their own
utilities. If | 16 | | direct utility payment is required, a utility schedule shall be
| 17 | | established for employees who can not directly pay utilities | 18 | | due to extenuating
circumstances, such as occupancy of | 19 | | dormitories not individually metered.
| 20 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 21 | | (5 ILCS 412/5-30)
| 22 | | Sec. 5-30. Tenant selection. The Department of | 23 | | Conservation, the
Department of Corrections, the Historic | 24 | | Preservation Agency, the Department of
Transportation, the |
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| 1 | | University of Illinois, and the University of Illinois
| 2 | | Foundation shall each develop and maintain application forms | 3 | | for its
State-owned housing, written criteria for selecting | 4 | | employee tenants, and
records of decisions as to who was | 5 | | selected to receive State housing and why
they were selected.
| 6 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 7 | | (5 ILCS 412/5-35)
| 8 | | Sec. 5-35. Housing justification. The Department of | 9 | | Conservation, the
Historic Preservation Agency, and the | 10 | | University of Illinois shall each develop
written criteria for | 11 | | determining which employment positions necessitate
provision | 12 | | of State housing. The criteria shall include the specific
| 13 | | employee responsibilities that can only be performed | 14 | | effectively by occupying
State housing.
| 15 | | (Source: P.A. 89-214, eff. 8-4-95.)
| 16 | | (15 ILCS 315/Act rep.)
| 17 | | Section 8. The State Museum Construction Act is repealed.
| 18 | | (20 ILCS 805/805-320 rep.)
| 19 | | (20 ILCS 805/805-435 rep.)
| 20 | | (20 ILCS 805/805-505 rep.)
| 21 | | Section 10. The Department of Natural Resources | 22 | | (Conservation) Law of the
Civil Administrative Code of Illinois | 23 | | is amended by repealing Sections 805-320, 805-435, and 805-505. |
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| 1 | | Section 15. The Illinois Geographic Information Council | 2 | | Act is amended by changing Sections 5-20 and 5-30 as follows:
| 3 | | (20 ILCS 1128/5-20)
| 4 | | Sec. 5-20. Meetings. The Council shall meet upon the call | 5 | | of its
chairmen
and shall meet at least twice a year .
| 6 | | (Source: P.A. 94-961, eff. 6-27-06.)
| 7 | | (20 ILCS 1128/5-30)
| 8 | | Sec. 5-30. Evaluation of proposals.
| 9 | | The Council shall evaluate proposals made by the User | 10 | | Advisory Committee and
make recommendations to the Governor and | 11 | | General Assembly on the efficient
development, use, and funding | 12 | | of geographic information management technology
(GIMT) for | 13 | | Illinois' State, regional, local, and academic agencies and
| 14 | | institutions.
| 15 | | These include:
| 16 | | (1) Standards for the collection (geodetic), | 17 | | maintenance, dissemination,
and documentation of spatial | 18 | | data, consistent with established and on-going
development | 19 | | of national standards and guidelines when applicable.
| 20 | | (2) Funding strategies that encourage and support the | 21 | | use of GIMT at local
levels of government.
| 22 | | (3) Examining the impacts of the Freedom of Information | 23 | | Act as it applies
to digital data dissemination.
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| 1 | | (4) Statewide basemap development.
| 2 | | (5) The development of multiyear strategies for | 3 | | integration of GIMT in
Illinois.
| 4 | | (6) (Blank). The Council shall report to the Governor | 5 | | and the General Assembly by
January 31st of each year on:
| 6 | | (a) the current status of efforts to integrate GIMT | 7 | | into the decision
making, evaluation, planning, and | 8 | | management activities of State and local
governments;
| 9 | | (b) the current status of integration of State and | 10 | | local government
efforts with those of the federal | 11 | | government and the private sector; and
| 12 | | (c) Council objectives for the next 12-month | 13 | | period.
| 14 | | (7) As necessary, the Council may enter into agreements | 15 | | with professional
non-profit organizations to achieve its | 16 | | objectives.
| 17 | | (8) The Council may accept grants and gifts from | 18 | | corporations, for-profit
or not-for-profit, or | 19 | | associations for the purpose of conducting research,
| 20 | | evaluations, or demonstration projects directed towards | 21 | | the development of an
integrated statewide system of | 22 | | geographic information management technology.
| 23 | | (Source: P.A. 94-961, eff. 6-27-06.)
| 24 | | (20 ILCS 1128/5-15 rep.)
| 25 | | Section 20. The Illinois Geographic Information Council |
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| 1 | | Act is amended by repealing Section 5-15. | 2 | | (30 ILCS 768/Act rep.)
| 3 | | Section 27. The Park and Recreational Facility | 4 | | Construction Act is repealed. | 5 | | Section 30. The Counties Code is amended by changing | 6 | | Section 5-1062 as follows:
| 7 | | (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
| 8 | | Sec. 5-1062. Stormwater management.
| 9 | | (a) The purpose of this Section is to allow management and | 10 | | mitigation of the
effects of urbanization on stormwater | 11 | | drainage in metropolitan counties located
in the area served by | 12 | | the Northeastern Illinois Planning Commission, and
references | 13 | | to "county" in this Section shall apply only to those counties.
| 14 | | This Section shall not apply to any county with a population in | 15 | | excess of
1,500,000, except as provided in subsection (c). The | 16 | | purpose of this Section
shall be achieved by:
| 17 | | (1) consolidating the existing stormwater management | 18 | | framework into a
united, countywide structure;
| 19 | | (2) setting minimum standards for floodplain and | 20 | | stormwater management;
and
| 21 | | (3) preparing a countywide plan for the management of | 22 | | stormwater runoff,
including the management of natural and | 23 | | man-made drainageways. The countywide
plan may incorporate |
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| 1 | | watershed plans.
| 2 | | (b) A stormwater management planning committee shall be | 3 | | established by
county board resolution, with its membership | 4 | | consisting of equal numbers of
county board and municipal | 5 | | representatives from each county board
district, and such other | 6 | | members as may be determined by the county and
municipal | 7 | | members. However, if the county has more than 6 county board
| 8 | | districts, the county board may by ordinance divide the county | 9 | | into not
less than 6 areas of approximately equal population, | 10 | | to be used instead of
county board districts for the purpose of | 11 | | determining representation on the
stormwater management | 12 | | planning committee.
| 13 | | The county board members shall be appointed by the chairman | 14 | | of the county
board. Municipal members from each county board | 15 | | district or other
represented area shall be appointed by a | 16 | | majority vote of the mayors of
those municipalities which have | 17 | | the greatest percentage of their respective
populations | 18 | | residing in such county board district or other represented
| 19 | | area. All municipal and county board representatives shall be | 20 | | entitled
to a vote; the other members shall be nonvoting | 21 | | members, unless authorized
to vote by the unanimous consent of | 22 | | the municipal and county board
representatives. A municipality | 23 | | that is located in more than one county may
choose, at the time | 24 | | of formation of the stormwater management planning
committee | 25 | | and based on watershed boundaries, to participate in the
| 26 | | stormwater management planning program of either or both of the |
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| 1 | | counties.
Subcommittees of the stormwater management planning | 2 | | committee may be
established to serve a portion of the county | 3 | | or a particular drainage basin
that has similar stormwater | 4 | | management needs. The stormwater management
planning committee | 5 | | shall adopt by-laws, by a majority vote of the county and
| 6 | | municipal members, to govern the functions of the committee and | 7 | | its
subcommittees. Officers of the committee shall include a | 8 | | chair and vice chair,
one of whom shall be a county | 9 | | representative and one a municipal
representative.
| 10 | | The principal duties of the committee shall be to develop a | 11 | | stormwater
management plan for presentation to and approval by | 12 | | the county board, and
to direct the plan's implementation and | 13 | | revision. The committee may retain
engineering, legal and | 14 | | financial advisors and inspection personnel. The
committee | 15 | | shall meet at least quarterly and shall hold at least one | 16 | | public
meeting during the preparation of the plan and prior to | 17 | | its submittal to the
county board.
| 18 | | (c) In the preparation of a stormwater management plan, a | 19 | | county
stormwater management planning committee shall | 20 | | coordinate the planning
process with each adjoining county to | 21 | | ensure that recommended stormwater
projects will have no | 22 | | significant impact on the levels or flows of
stormwaters in | 23 | | inter-county watersheds or on the capacity of existing and
| 24 | | planned stormwater retention facilities. An adopted stormwater | 25 | | management
plan shall identify steps taken by the county to | 26 | | coordinate the development
of plan recommendations with |
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| 1 | | adjoining counties.
| 2 | | (d) (Blank). Before the stormwater management planning | 3 | | committee recommends to the
county board a stormwater | 4 | | management plan for the county or a portion thereof,
it shall | 5 | | submit the plan to the Office of Water Resources of the | 6 | | Department of Natural Resources and to the Northeastern | 7 | | Illinois Planning
Commission for review and recommendations. | 8 | | The Office
and the Commission, in reviewing the plan, shall | 9 | | consider such factors as
impacts on the levels or flows in | 10 | | rivers and streams and the cumulative effects
of stormwater | 11 | | discharges on flood levels. The Office of Water Resources shall | 12 | | determine whether the
plan or ordinances enacted to implement | 13 | | the plan complies with the requirements
of subsection (f). | 14 | | Within a period not to exceed 60 days, the review comments
and | 15 | | recommendations shall be submitted to the stormwater | 16 | | management planning
committee for consideration. Any | 17 | | amendments to the plan shall be
submitted to the Office and the | 18 | | Commission for review.
| 19 | | (e) Prior to recommending the plan to the county board, the | 20 | | stormwater
management planning committee shall hold at least | 21 | | one public hearing thereon
and shall afford interested persons | 22 | | an opportunity to be heard. The hearing
shall be held in the | 23 | | county seat. Notice of the hearing shall be published at
least | 24 | | once no less than 15 days in advance thereof in a newspaper of | 25 | | general
circulation published in the county. The notice shall | 26 | | state the time and place
of the hearing and the place where |
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| 1 | | copies of the proposed plan will be
accessible for examination | 2 | | by interested parties. If an affected municipality
having a | 3 | | stormwater management plan adopted by ordinance wishes to | 4 | | protest the
proposed county plan provisions, it shall appear at | 5 | | the hearing and submit in
writing specific proposals to the | 6 | | stormwater management planning committee.
After consideration | 7 | | of the matters raised at the hearing, the committee may
amend | 8 | | or approve the plan and recommend it to the county board for | 9 | | adoption.
| 10 | | The county board may enact the proposed plan by ordinance. | 11 | | If the
proposals for modification of the plan made by an | 12 | | affected municipality having
a stormwater management plan are | 13 | | not included in the proposed county plan,
and the municipality | 14 | | affected by the plan opposes adoption of the county
plan by | 15 | | resolution of its corporate authorities, approval of
the county | 16 | | plan shall require an affirmative vote of at least two-thirds | 17 | | of the
county board members present and voting. If the county | 18 | | board wishes to
amend the county plan, it shall submit in | 19 | | writing specific proposals to the
stormwater management | 20 | | planning committee. If the proposals are not
approved by the | 21 | | committee, or are opposed by resolution of the corporate
| 22 | | authorities of an affected municipality having a municipal | 23 | | stormwater
management plan, amendment of the plan shall require | 24 | | an affirmative vote of
at least two-thirds of the county board | 25 | | members present and voting.
| 26 | | (f) The county board may prescribe by ordinance reasonable |
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| 1 | | rules and
regulations for floodplain management and for | 2 | | governing the location,
width, course and release rate of all | 3 | | stormwater runoff channels, streams
and basins in the county, | 4 | | in accordance with the adopted stormwater
management plan. | 5 | | These rules and regulations shall, at a minimum, meet
the | 6 | | standards for floodplain management established by the Office | 7 | | of Water Resources and
the requirements of the Federal | 8 | | Emergency Management Agency for participation
in the National | 9 | | Flood Insurance Program.
| 10 | | (g) In accordance with, and if recommended in, the adopted | 11 | | stormwater
management plan, the county board may adopt a | 12 | | schedule of fees
as may be necessary to mitigate the effects of | 13 | | increased stormwater runoff
resulting from new development. | 14 | | The fees shall not exceed the cost of
satisfying the onsite | 15 | | stormwater retention or detention requirements of the
adopted | 16 | | stormwater management plan. The fees shall be used to finance
| 17 | | activities undertaken by the county or its included | 18 | | municipalities to
mitigate the effects of urban stormwater | 19 | | runoff by providing regional
stormwater retention or detention | 20 | | facilities, as identified in the county
plan. All such fees | 21 | | collected by the county shall be held in a separate fund,
and | 22 | | shall be expended only in the watershed within which they were | 23 | | collected.
| 24 | | (h) For the purpose of implementing this Section and for | 25 | | the
development, design, planning, construction, operation and | 26 | | maintenance of
stormwater facilities provided for in the |
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| 1 | | stormwater management plan, a
county board that has established | 2 | | a stormwater management planning
committee pursuant to this | 3 | | Section may cause an annual tax of not to exceed
0.20% of the | 4 | | value, as equalized or assessed by the Department of Revenue,
| 5 | | of all taxable property in the county to be levied upon all the | 6 | | taxable
property in the county. The tax shall be in addition to | 7 | | all other taxes
authorized by law to be levied and collected in | 8 | | the county and shall be in
addition to the maximum tax rate | 9 | | authorized by law for general county
purposes. The 0.20% | 10 | | limitation provided in this Section may be increased
or | 11 | | decreased by referendum in accordance with the provisions of | 12 | | Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
| 13 | | Any revenues generated as a result of ownership or | 14 | | operation of facilities
or land acquired with the tax funds | 15 | | collected pursuant to this subsection
(h) shall be held in a | 16 | | separate fund and be used either to abate such
property tax or | 17 | | for implementing this Section.
| 18 | | However, unless at least part of the county has been | 19 | | declared after
July 1, 1986 by presidential proclamation to be | 20 | | a disaster area as a result
of flooding, the tax authorized by | 21 | | this subsection (h) shall not be levied
until the question of | 22 | | its adoption, either for a specified period or
indefinitely, | 23 | | has been submitted to the electors thereof and approved by a
| 24 | | majority of those voting on the question. This question may be | 25 | | submitted
at any election held in the county after the adoption | 26 | | of a resolution by
the county board providing for the |
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| 1 | | submission of the question to the
electors of the county. The | 2 | | county board shall certify the resolution and
proposition to | 3 | | the proper election officials, who shall submit the
proposition | 4 | | at an election in accordance with the general election law. If
| 5 | | a majority of the votes cast on the question is in favor of the | 6 | | levy of
the tax, it may thereafter be levied in the county for | 7 | | the specified
period or indefinitely, as provided in the | 8 | | proposition. The question shall
be put in substantially the | 9 | | following form:
| 10 | | -------------------------------------------------------------
| 11 | | Shall an annual tax be levied
| 12 | | for stormwater management purposes YES
| 13 | | (for a period of not more than
| 14 | | ...... years) at a rate not exceeding ------------------
| 15 | | .....% of the equalized assessed
| 16 | | value of the taxable property of NO
| 17 | | ........ County?
| 18 | | -------------------------------------------------------------
| 19 | | (i) Upon the creation and implementation of a county | 20 | | stormwater management
plan, the county may petition the circuit | 21 | | court to dissolve any or all drainage
districts created | 22 | | pursuant to the Illinois Drainage Code or predecessor Acts
| 23 | | which are located entirely within the area of the county | 24 | | covered by the plan.
| 25 | | However, any active drainage district implementing a plan | 26 | | that is
consistent with and at least as stringent as the county |
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| 1 | | stormwater
management plan may petition the stormwater | 2 | | management planning committee
for exception from dissolution. | 3 | | Upon filing of the petition, the committee
shall set a date for | 4 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the | 5 | | filing thereof, and the committee shall give at least one | 6 | | week's
notice of the hearing in one or more newspapers of | 7 | | general circulation
within the district, and in addition shall | 8 | | cause a copy of the notice to be
personally served upon each of | 9 | | the trustees of the district. At the
hearing, the committee | 10 | | shall hear the district's petition and allow the
district | 11 | | trustees and any interested parties an opportunity to present | 12 | | oral
and written evidence. The committee shall render its | 13 | | decision upon the
petition for exception from dissolution based | 14 | | upon the best interests of
the residents of the district. In | 15 | | the event that the exception is not
allowed, the district may | 16 | | file a petition within 30 days of the decision
with the circuit | 17 | | court. In that case, the notice and hearing requirements
for | 18 | | the court shall be the same as herein provided for the | 19 | | committee.
The court shall likewise render its decision of | 20 | | whether to dissolve the
district based upon the best interests | 21 | | of residents of the district.
| 22 | | The dissolution of any drainage district shall not affect | 23 | | the obligation
of any bonds issued or contracts entered into by | 24 | | the district nor
invalidate the levy, extension or collection | 25 | | of any taxes or special
assessments upon the property in the | 26 | | former drainage district. All property
and obligations of the |
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| 1 | | former drainage district shall be assumed and
managed by the | 2 | | county, and the debts of the former drainage district shall
be | 3 | | discharged as soon as practicable.
| 4 | | If a drainage district lies only partly within a county | 5 | | that adopts a
county stormwater management plan, the county may | 6 | | petition the circuit
court to disconnect from the drainage | 7 | | district that portion of the district
that lies within that | 8 | | county. The property of the drainage district within the
| 9 | | disconnected area shall be assumed and managed by the county. | 10 | | The county shall
also assume a portion of the drainage | 11 | | district's debt at the time of
disconnection, based on the | 12 | | portion of the value of the taxable property of the
drainage | 13 | | district which is located within the area being disconnected.
| 14 | | The operations of any drainage district that continues to | 15 | | exist in a
county that has adopted a stormwater management plan | 16 | | in accordance with
this Section shall be in accordance with the | 17 | | adopted plan.
| 18 | | (j) Any county that has adopted a county stormwater | 19 | | management plan
under this Section may, after 10 days written | 20 | | notice to the owner or
occupant, enter upon any lands or waters | 21 | | within the county for the purpose
of inspecting stormwater | 22 | | facilities or causing the removal of any
obstruction to an | 23 | | affected watercourse. The county shall be responsible
for any | 24 | | damages occasioned thereby.
| 25 | | (k) Upon petition of the municipality, and based on a | 26 | | finding of the
stormwater management planning committee, the |
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| 1 | | county shall not enforce
rules and regulations adopted by the | 2 | | county in any municipality located
wholly or partly within the | 3 | | county that has a municipal stormwater
management ordinance | 4 | | that is consistent with and at least as stringent as
the county | 5 | | plan and ordinance, and is being enforced by the municipal
| 6 | | authorities.
| 7 | | (l) A county may issue general obligation bonds for | 8 | | implementing any
stormwater plan adopted under this Section in | 9 | | the manner prescribed in
Section 5-1012; except that the | 10 | | referendum requirement of Section 5-1012 shall
not apply to | 11 | | bonds issued pursuant to this Section on which the principal | 12 | | and
interest are to be paid entirely out of funds generated by | 13 | | the taxes and fees
authorized by this Section.
| 14 | | (m) The powers authorized by this Section may be | 15 | | implemented by the
county board for a portion of the county | 16 | | subject to similar stormwater
management needs.
| 17 | | (n) The powers and taxes authorized by this Section are in | 18 | | addition to the
powers and taxes authorized by Division 5-15; | 19 | | in exercising its powers
under this Section, a county shall not | 20 | | be subject to the restrictions and
requirements of that | 21 | | Division.
| 22 | | (o) Pursuant to paragraphs (g) and (i) of Section 6 of | 23 | | Article VII of
the Illinois Constitution, this Section | 24 | | specifically denies and limits the
exercise of any power which | 25 | | is inconsistent herewith by home rule units in
any county with | 26 | | a population of less than 1,500,000 in the area served by
the |
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| 1 | | Northeastern Illinois Planning Commission. This Section does | 2 | | not
prohibit the concurrent exercise of powers consistent | 3 | | herewith.
| 4 | | (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
| 5 | | Section 45. The Energy Assistance Act is amended by | 6 | | changing Section 5 as follows:
| 7 | | (305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
| 8 | | Sec. 5. Policy Advisory Council.
| 9 | | (a) Within the Department of Commerce and Economic | 10 | | Opportunity is created a
Low Income Energy Assistance Policy | 11 | | Advisory Council.
| 12 | | (b) The Council shall be chaired by the Director
of | 13 | | Commerce and Economic Opportunity or his or her designee. There | 14 | | shall be 19 20
members of the Low Income Energy Assistance | 15 | | Policy Advisory Council, including
the chairperson and the | 16 | | following members:
| 17 | | (1) one member designated by the Illinois Commerce
| 18 | | Commission;
| 19 | | (2) (blank); one member designated by the Illinois | 20 | | Department of
Natural Resources;
| 21 | | (3) one member designated by the Illinois Energy
| 22 | | Association to represent electric public utilities serving | 23 | | in excess of 1
million customers in this State;
| 24 | | (4) one member agreed upon by gas public utilities
that
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| 1 | | serve more than 500,000 and fewer than 1,500,000 customers | 2 | | in this State;
| 3 | | (5) one member agreed upon by gas public utilities that | 4 | | serve 1,500,000 or
more customers in this State;
| 5 | | (6) one member designated by the Illinois Energy
| 6 | | Association to represent combination gas and electric | 7 | | public utilities;
| 8 | | (7) one member agreed upon by the Illinois Municipal
| 9 | | Electric Agency and the Association of Illinois Electric | 10 | | Cooperatives;
| 11 | | (8) one member agreed upon by the Illinois Industrial
| 12 | | Energy Consumers;
| 13 | | (9) three members designated by the Department to
| 14 | | represent low income energy consumers;
| 15 | | (10) two members designated by the Illinois Community | 16 | | Action Association
to
represent local agencies that assist | 17 | | in the administration of this Act;
| 18 | | (11) one member designated by the Citizens Utility | 19 | | Board
to represent residential energy consumers;
| 20 | | (12) one member designated by the Illinois Retail
| 21 | | Merchants Association to represent commercial energy | 22 | | customers;
| 23 | | (13) one member designated by the Department to
| 24 | | represent independent energy providers; and
| 25 | | (14) three members designated by the Mayor of the City | 26 | | of Chicago.
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| 1 | | (c) Designated and appointed members shall serve 2 year | 2 | | terms and
until their successors are appointed and qualified. | 3 | | The designating
organization shall notify the chairperson of | 4 | | any changes or substitutions of a
designee within 10 business | 5 | | days of a change or substitution. Members shall
serve without | 6 | | compensation, but may receive reimbursement for actual costs
| 7 | | incurred in fulfilling their duties as members of the Council.
| 8 | | (d) The Council shall have the following duties:
| 9 | | (1) to monitor the administration of this Act to ensure
| 10 | | effective, efficient, and coordinated program development | 11 | | and implementation;
| 12 | | (2) to assist the Department in developing and
| 13 | | administering rules and regulations required to be | 14 | | promulgated pursuant to this
Act in a manner consistent | 15 | | with the purpose and objectives of this Act;
| 16 | | (3) to facilitate and coordinate the collection and
| 17 | | exchange of all program data and other information needed | 18 | | by the Department and
others in fulfilling their duties | 19 | | pursuant to this Act;
| 20 | | (4) to advise the Department on the proper level of
| 21 | | support required for effective administration of the Act;
| 22 | | (5) to provide a written opinion concerning any
| 23 | | regulation proposed pursuant to this Act, and to review and | 24 | | comment on any
energy assistance or related plan required | 25 | | to be prepared by the Department;
| 26 | | (6) to advise the Department on the use of funds |
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| 1 | | collected pursuant to
Section 11 of this Act, and on any | 2 | | changes to existing low income energy
assistance programs | 3 | | to make effective use of such funds, so long as such uses
| 4 | | and changes are consistent with the requirements of the | 5 | | Act.
| 6 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 7 | | (305 ILCS 20/8 rep.)
| 8 | | Section 50. The Energy Assistance Act is amended by | 9 | | repealing Section 8. | 10 | | Section 55. The Interstate Ozone Transport Oversight Act is | 11 | | amended by changing Section 20 as follows:
| 12 | | (415 ILCS 130/20)
| 13 | | Sec. 20. Legislative referral and public hearings.
| 14 | | (a) Not later than 10 days after the development of any | 15 | | proposed
memorandum of understanding by the Ozone Transport | 16 | | Assessment Group
potentially requiring the State of Illinois to | 17 | | undertake emission reductions
in addition to those specified by | 18 | | the Clean Air Act Amendments of 1990, or
subsequent to the | 19 | | issuance of a request made by the United States Environmental
| 20 | | Protection Agency on or after June 1, 1997 for
submission of a | 21 | | State Implementation Plan for Illinois relating to ozone
| 22 | | attainment and before submission of the Plan, the
Director | 23 | | shall submit
the proposed memorandum of understanding or State |
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| 1 | | Implementation Plan to
the House Committee and the Senate
| 2 | | Committee for their consideration. At that time, the Director | 3 | | shall also
submit information detailing any alternate | 4 | | strategies.
| 5 | | (b) To assist the legislative review required by this Act, | 6 | | the Department
of Natural Resources and the Department of | 7 | | Commerce and Economic Opportunity shall
conduct a joint study | 8 | | of the impacts on the State's economy which may result
from | 9 | | implementation of the emission reduction strategies contained | 10 | | within any
proposed memorandum of understanding or State | 11 | | Implementation Plan relating to
ozone and from implementation | 12 | | of any alternate
strategies. The study shall include, but not | 13 | | be limited to, the impacts on
economic development, employment, | 14 | | utility costs and rates, personal income, and
industrial | 15 | | competitiveness which may result from implementation of the | 16 | | emission
reduction strategies contained within any proposed | 17 | | memorandum of agreement or
State Implementation Plan relating | 18 | | to ozone and
from implementation of any alternate strategies. | 19 | | The study shall be
submitted
to the House Committee and Senate | 20 | | Committee not less than 10 days prior to any
scheduled hearing | 21 | | conducted pursuant to subsection (c) of this Section.
| 22 | | (c) Upon receipt of the information required by subsections | 23 | | (a) and (b) of
this Section, the House Committee and Senate | 24 | | Committee shall each convene
one or more public hearings to | 25 | | receive comments from agencies of government and
other | 26 | | interested parties on the memorandum of understanding's or |
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| 1 | | State
Implementation Plan's prospective
economic and | 2 | | environmental impacts, including its impacts on energy use,
| 3 | | economic development, utility costs and rates, and | 4 | | competitiveness.
Additionally,
comments shall be received on | 5 | | the prospective economic and environmental
impacts, including | 6 | | impacts on energy use, economic development, utility
costs and | 7 | | rates, and competitiveness, which may result from | 8 | | implementation of
any
alternate strategies.
| 9 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 10 | | (515 ILCS 5/1-235 rep.)
| 11 | | Section 60. The Fish and Aquatic Life Code is amended by | 12 | | repealing Section 1-235.
| 13 | | (520 ILCS 20/2 rep.)
| 14 | | (520 ILCS 20/6 rep.)
| 15 | | (520 ILCS 20/7 rep.)
| 16 | | (520 ILCS 20/8 rep.)
| 17 | | (520 ILCS 20/9 rep.)
| 18 | | Section 65. The Wildlife Habitat Management Areas Act is | 19 | | amended by repealing Sections 2, 6, 7, 8, and 9. | 20 | | Section 70. The Rivers, Lakes, and Streams Act is amended | 21 | | by changing Section 23a as follows:
| 22 | | (615 ILCS 5/23a) (from Ch. 19, par. 70a)
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| 1 | | Sec. 23a. The Department is authorized to carry out | 2 | | inspections of any
dam within the State, and to establish | 3 | | standards and issue permits for the
safe construction of new | 4 | | dams and the reconstruction, repair, operation
and maintenance | 5 | | of all existing dams. If any inspection carried out
by the | 6 | | Department or by a federal agency in which the Department | 7 | | concurs
determines that a dam is in an unsafe condition, the | 8 | | Department shall
so notify the appropriate public officials of | 9 | | the affected city or county,
the State's Attorney of the county | 10 | | in which the dam is located, and the
Illinois Emergency | 11 | | Management Agency.
| 12 | | The Department may compel the installation of fishways in | 13 | | dams wherever
deemed necessary.
| 14 | | The Department may establish by rule minimum water levels | 15 | | for water behind
dams on streams and rivers as necessary to | 16 | | preserve the fish and other aquatic
life and to safeguard the | 17 | | health of the community.
| 18 | | Upon a determination of the Department that a dam | 19 | | constitutes a serious
threat to life or a threat of substantial | 20 | | property damage, the Department
may issue orders to require | 21 | | changes in the structure or its operation or
maintenance | 22 | | necessary for proper control of water levels at normal stages
| 23 | | and for the disposal of flood waters and for the protection of | 24 | | navigation
and any persons or property situated downstream from | 25 | | the dam or to otherwise
remove the threat provided, however, | 26 | | that no existing dam, based solely
upon the enactment by any |
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| 1 | | governmental unit of any new rule, regulation,
ordinance, law, | 2 | | or other requirement passed after the construction of the
dam, | 3 | | shall be deemed to constitute a serious threat to life or a | 4 | | threat of
substantial property damage if it was designed and | 5 | | constructed under a
permit from the State of Illinois in | 6 | | conformance with all applicable
standards existing at the time | 7 | | of its construction and is in good repair.
| 8 | | The Department shall be required, prior to taking any | 9 | | action to compel
alteration or breaching of any dam, to furnish | 10 | | in writing to the owner of
the dam (1) a detailed and specific | 11 | | list of defects discovered in the course
of inspection of the | 12 | | dam, including the specific nature of any inadequacies
in the | 13 | | capacity of the spillway system and any indications of seepage, | 14 | | erosion,
or other evidence of structural deficiency in the dam | 15 | | or spillway; and (2)
a statement of the applicable standards | 16 | | that if complied with by the owner
of the dam would put the dam | 17 | | into compliance with the State's requirements.
| 18 | | No order shall be issued requiring alteration of any | 19 | | existing dam until after
notice and opportunity for hearing has | 20 | | been provided by the Department to the
dam owners. If the owner | 21 | | or owners of the dam are unknown, notice will be
provided by | 22 | | publication in a newspaper of general circulation in the county | 23 | | in
which the structure is located. Any order issued under this | 24 | | Section shall
include a statement of the findings supporting | 25 | | the order.
| 26 | | Opportunity for hearing is not required in emergency |
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| 1 | | situations when the
Department finds there is imminent hazard | 2 | | to personal public safety of people.
| 3 | | The Department may enforce the provisions of this Section | 4 | | and of rules
and orders issued hereunder by injunction or other
| 5 | | appropriate action.
| 6 | | Neither the Department of Natural Resources nor
employees | 7 | | or agents of the Department shall be liable for damages | 8 | | sustained
through the partial or total failure of any dam or | 9 | | the operation or maintenance
of any dam by reason of the | 10 | | Department's regulation thereof. Nothing in this
Act shall | 11 | | relieve an owner or operator of a dam from the legal duties,
| 12 | | obligations, and liabilities arising from ownership or | 13 | | operation.
| 14 | | The Department shall review and update its operations | 15 | | manuals for the Algonquin Dam and the William G. Stratton Lock | 16 | | and Dam on an annual basis. | 17 | | (Source: P.A. 96-388, eff. 1-1-10.)
| 18 | | Section 999. Effective date. This Act takes effect upon | 19 | | becoming law.
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