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| Public Act 097-0916 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Employee Housing Act is amended by | ||||
changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35 | ||||
as follows:
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(5 ILCS 412/5-5)
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Sec. 5-5. Policy development. The Department of | ||||
Conservation, the
Department of Corrections, the Historic | ||||
Preservation Agency, the University of
Illinois, and the | ||||
University of Illinois Foundation shall each develop a policy
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on housing for State employees that addresses the following:
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(1) Purpose of providing housing.
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(2) Application procedures.
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(3) Eligibility.
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(4) Tenant selection criteria.
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(5) Accounting for housing in employee compensation.
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(6) Employee responsibilities that necessitate | ||||
State-provided housing.
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(7) Procedures for setting and adjusting rent, | ||||
security deposits, and
utility payments.
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(8) Documented justification for State ownership of | ||||
each house or
property.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-10)
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Sec. 5-10. Taxable status. The Department of Agriculture, | ||
the Department
of Conservation, the Department of Corrections, | ||
the Department of Veterans'
Affairs, and the University of | ||
Illinois shall each develop procedures to
determine whether | ||
housing provided to employees and non-employees is subject to
| ||
taxation. The Department of Revenue and the Internal Revenue | ||
Service may be
consulted to determine the appropriate means of | ||
reporting the value of housing
provided at below fair market | ||
rent to those who do not meet all established
criteria.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-15)
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Sec. 5-15. Rental housing. The Department of Conservation, | ||
the Department
of Corrections, the Historic Preservation | ||
Agency, the Department of
Transportation, the University of | ||
Illinois, and the University of Illinois
Foundation shall each | ||
analyze the need for providing low-rent housing to its
| ||
employees and shall consider alternatives to State-owned | ||
housing. Rent charged
for State-owned housing shall be | ||
evaluated every 3 years for adjustments,
including that | ||
necessitated by changing economic conditions.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-20)
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Sec. 5-20. Security deposit. The Department of | ||
Conservation, the
Department of Corrections, the Department of | ||
Transportation, the Historic
Preservation Agency, the | ||
University of Illinois, and the University of Illinois
| ||
Foundation shall each analyze the need for all employee and | ||
non-employee
tenants of State-owned housing to pay a reasonable | ||
security deposit and may
each collect security deposits and | ||
maintain them in interest-bearing accounts.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-25)
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Sec. 5-25. Utilities. The Department of Conservation, the | ||
Department of
Corrections, the Historic Preservation Agency, | ||
and the University of Illinois
may each require its employees | ||
for whom it provides housing to pay their own
utilities. If | ||
direct utility payment is required, a utility schedule shall be
| ||
established for employees who can not directly pay utilities | ||
due to extenuating
circumstances, such as occupancy of | ||
dormitories not individually metered.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-30)
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Sec. 5-30. Tenant selection. The Department of | ||
Conservation, the
Department of Corrections, the Historic | ||
Preservation Agency, the Department of
Transportation, the | ||
University of Illinois, and the University of Illinois
| ||
Foundation shall each develop and maintain application forms | ||
for its
State-owned housing, written criteria for selecting | ||
employee tenants, and
records of decisions as to who was | ||
selected to receive State housing and why
they were selected.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(5 ILCS 412/5-35)
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Sec. 5-35. Housing justification. The Department of | ||
Conservation, the
Historic Preservation Agency, and the | ||
University of Illinois shall each develop
written criteria for | ||
determining which employment positions necessitate
provision | ||
of State housing. The criteria shall include the specific
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employee responsibilities that can only be performed | ||
effectively by occupying
State housing.
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(Source: P.A. 89-214, eff. 8-4-95.)
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(15 ILCS 315/Act rep.)
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Section 8. The State Museum Construction Act is repealed.
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(20 ILCS 805/805-320 rep.)
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(20 ILCS 805/805-435 rep.)
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(20 ILCS 805/805-505 rep.)
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Section 10. The Department of Natural Resources | ||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||
is amended by repealing Sections 805-320, 805-435, and 805-505. | ||
Section 15. The Illinois Geographic Information Council | ||
Act is amended by changing Sections 5-20 and 5-30 as follows:
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(20 ILCS 1128/5-20)
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Sec. 5-20. Meetings. The Council shall meet upon the call | ||
of its
chairmen
and shall meet at least twice a year.
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(Source: P.A. 94-961, eff. 6-27-06.)
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(20 ILCS 1128/5-30)
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Sec. 5-30. Evaluation of proposals.
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The Council shall evaluate proposals made by the User | ||
Advisory Committee and
make recommendations to the Governor and | ||
General Assembly on the efficient
development, use, and funding | ||
of geographic information management technology
(GIMT) for | ||
Illinois' State, regional, local, and academic agencies and
| ||
institutions.
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These include:
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(1) Standards for the collection (geodetic), | ||
maintenance, dissemination,
and documentation of spatial | ||
data, consistent with established and on-going
development | ||
of national standards and guidelines when applicable.
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(2) Funding strategies that encourage and support the | ||
use of GIMT at local
levels of government.
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(3) Examining the impacts of the Freedom of Information | ||
Act as it applies
to digital data dissemination.
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(4) Statewide basemap development.
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(5) The development of multiyear strategies for | ||
integration of GIMT in
Illinois.
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(6) (Blank). The Council shall report to the Governor | ||
and the General Assembly by
January 31st of each year on:
| ||
(a) the current status of efforts to integrate GIMT | ||
into the decision
making, evaluation, planning, and | ||
management activities of State and local
governments;
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(b) the current status of integration of State and | ||
local government
efforts with those of the federal | ||
government and the private sector; and
| ||
(c) Council objectives for the next 12-month | ||
period.
| ||
(7) As necessary, the Council may enter into agreements | ||
with professional
non-profit organizations to achieve its | ||
objectives.
| ||
(8) The Council may accept grants and gifts from | ||
corporations, for-profit
or not-for-profit, or | ||
associations for the purpose of conducting research,
| ||
evaluations, or demonstration projects directed towards | ||
the development of an
integrated statewide system of | ||
geographic information management technology.
| ||
(Source: P.A. 94-961, eff. 6-27-06.)
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(20 ILCS 1128/5-15 rep.)
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Section 20. The Illinois Geographic Information Council | ||
Act is amended by repealing Section 5-15. | ||
(30 ILCS 768/Act rep.)
| ||
Section 27. The Park and Recreational Facility | ||
Construction Act is repealed. | ||
Section 30. The Counties Code is amended by changing | ||
Section 5-1062 as follows:
| ||
(55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
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Sec. 5-1062. Stormwater management.
| ||
(a) The purpose of this Section is to allow management and | ||
mitigation of the
effects of urbanization on stormwater | ||
drainage in metropolitan counties located
in the area served by | ||
the Northeastern Illinois Planning Commission, and
references | ||
to "county" in this Section shall apply only to those counties.
| ||
This Section shall not apply to any county with a population in | ||
excess of
1,500,000, except as provided in subsection (c). The | ||
purpose of this Section
shall be achieved by:
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(1) consolidating the existing stormwater management | ||
framework into a
united, countywide structure;
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(2) setting minimum standards for floodplain and | ||
stormwater management;
and
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(3) preparing a countywide plan for the management of | ||
stormwater runoff,
including the management of natural and | ||
man-made drainageways. The countywide
plan may incorporate | ||
watershed plans.
| ||
(b) A stormwater management planning committee shall be | ||
established by
county board resolution, with its membership | ||
consisting of equal numbers of
county board and municipal | ||
representatives from each county board
district, and such other | ||
members as may be determined by the county and
municipal | ||
members. However, if the county has more than 6 county board
| ||
districts, the county board may by ordinance divide the county | ||
into not
less than 6 areas of approximately equal population, | ||
to be used instead of
county board districts for the purpose of | ||
determining representation on the
stormwater management | ||
planning committee.
| ||
The county board members shall be appointed by the chairman | ||
of the county
board. Municipal members from each county board | ||
district or other
represented area shall be appointed by a | ||
majority vote of the mayors of
those municipalities which have | ||
the greatest percentage of their respective
populations | ||
residing in such county board district or other represented
| ||
area. All municipal and county board representatives shall be | ||
entitled
to a vote; the other members shall be nonvoting | ||
members, unless authorized
to vote by the unanimous consent of | ||
the municipal and county board
representatives. A municipality | ||
that is located in more than one county may
choose, at the time | ||
of formation of the stormwater management planning
committee | ||
and based on watershed boundaries, to participate in the
| ||
stormwater management planning program of either or both of the | ||
counties.
Subcommittees of the stormwater management planning | ||
committee may be
established to serve a portion of the county | ||
or a particular drainage basin
that has similar stormwater | ||
management needs. The stormwater management
planning committee | ||
shall adopt by-laws, by a majority vote of the county and
| ||
municipal members, to govern the functions of the committee and | ||
its
subcommittees. Officers of the committee shall include a | ||
chair and vice chair,
one of whom shall be a county | ||
representative and one a municipal
representative.
| ||
The principal duties of the committee shall be to develop a | ||
stormwater
management plan for presentation to and approval by | ||
the county board, and
to direct the plan's implementation and | ||
revision. The committee may retain
engineering, legal and | ||
financial advisors and inspection personnel. The
committee | ||
shall meet at least quarterly and shall hold at least one | ||
public
meeting during the preparation of the plan and prior to | ||
its submittal to the
county board.
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(c) In the preparation of a stormwater management plan, a | ||
county
stormwater management planning committee shall | ||
coordinate the planning
process with each adjoining county to | ||
ensure that recommended stormwater
projects will have no | ||
significant impact on the levels or flows of
stormwaters in | ||
inter-county watersheds or on the capacity of existing and
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planned stormwater retention facilities. An adopted stormwater | ||
management
plan shall identify steps taken by the county to | ||
coordinate the development
of plan recommendations with | ||
adjoining counties.
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(d) (Blank). Before the stormwater management planning | ||
committee recommends to the
county board a stormwater | ||
management plan for the county or a portion thereof,
it shall | ||
submit the plan to the Office of Water Resources of the | ||
Department of Natural Resources and to the Northeastern | ||
Illinois Planning
Commission for review and recommendations. | ||
The Office
and the Commission, in reviewing the plan, shall | ||
consider such factors as
impacts on the levels or flows in | ||
rivers and streams and the cumulative effects
of stormwater | ||
discharges on flood levels. The Office of Water Resources shall | ||
determine whether the
plan or ordinances enacted to implement | ||
the plan complies with the requirements
of subsection (f). | ||
Within a period not to exceed 60 days, the review comments
and | ||
recommendations shall be submitted to the stormwater | ||
management planning
committee for consideration. Any | ||
amendments to the plan shall be
submitted to the Office and the | ||
Commission for review.
| ||
(e) Prior to recommending the plan to the county board, the | ||
stormwater
management planning committee shall hold at least | ||
one public hearing thereon
and shall afford interested persons | ||
an opportunity to be heard. The hearing
shall be held in the | ||
county seat. Notice of the hearing shall be published at
least | ||
once no less than 15 days in advance thereof in a newspaper of | ||
general
circulation published in the county. The notice shall | ||
state the time and place
of the hearing and the place where | ||
copies of the proposed plan will be
accessible for examination | ||
by interested parties. If an affected municipality
having a | ||
stormwater management plan adopted by ordinance wishes to | ||
protest the
proposed county plan provisions, it shall appear at | ||
the hearing and submit in
writing specific proposals to the | ||
stormwater management planning committee.
After consideration | ||
of the matters raised at the hearing, the committee may
amend | ||
or approve the plan and recommend it to the county board for | ||
adoption.
| ||
The county board may enact the proposed plan by ordinance. | ||
If the
proposals for modification of the plan made by an | ||
affected municipality having
a stormwater management plan are | ||
not included in the proposed county plan,
and the municipality | ||
affected by the plan opposes adoption of the county
plan by | ||
resolution of its corporate authorities, approval of
the county | ||
plan shall require an affirmative vote of at least two-thirds | ||
of the
county board members present and voting. If the county | ||
board wishes to
amend the county plan, it shall submit in | ||
writing specific proposals to the
stormwater management | ||
planning committee. If the proposals are not
approved by the | ||
committee, or are opposed by resolution of the corporate
| ||
authorities of an affected municipality having a municipal | ||
stormwater
management plan, amendment of the plan shall require | ||
an affirmative vote of
at least two-thirds of the county board | ||
members present and voting.
| ||
(f) The county board may prescribe by ordinance reasonable | ||
rules and
regulations for floodplain management and for | ||
governing the location,
width, course and release rate of all | ||
stormwater runoff channels, streams
and basins in the county, | ||
in accordance with the adopted stormwater
management plan. | ||
These rules and regulations shall, at a minimum, meet
the | ||
standards for floodplain management established by the Office | ||
of Water Resources and
the requirements of the Federal | ||
Emergency Management Agency for participation
in the National | ||
Flood Insurance Program.
| ||
(g) In accordance with, and if recommended in, the adopted | ||
stormwater
management plan, the county board may adopt a | ||
schedule of fees
as may be necessary to mitigate the effects of | ||
increased stormwater runoff
resulting from new development. | ||
The fees shall not exceed the cost of
satisfying the onsite | ||
stormwater retention or detention requirements of the
adopted | ||
stormwater management plan. The fees shall be used to finance
| ||
activities undertaken by the county or its included | ||
municipalities to
mitigate the effects of urban stormwater | ||
runoff by providing regional
stormwater retention or detention | ||
facilities, as identified in the county
plan. All such fees | ||
collected by the county shall be held in a separate fund,
and | ||
shall be expended only in the watershed within which they were | ||
collected.
| ||
(h) For the purpose of implementing this Section and for | ||
the
development, design, planning, construction, operation and | ||
maintenance of
stormwater facilities provided for in the | ||
stormwater management plan, a
county board that has established | ||
a stormwater management planning
committee pursuant to this | ||
Section may cause an annual tax of not to exceed
0.20% of the | ||
value, as equalized or assessed by the Department of Revenue,
| ||
of all taxable property in the county to be levied upon all the | ||
taxable
property in the county. The tax shall be in addition to | ||
all other taxes
authorized by law to be levied and collected in | ||
the county and shall be in
addition to the maximum tax rate | ||
authorized by law for general county
purposes. The 0.20% | ||
limitation provided in this Section may be increased
or | ||
decreased by referendum in accordance with the provisions of | ||
Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
| ||
Any revenues generated as a result of ownership or | ||
operation of facilities
or land acquired with the tax funds | ||
collected pursuant to this subsection
(h) shall be held in a | ||
separate fund and be used either to abate such
property tax or | ||
for implementing this Section.
| ||
However, unless at least part of the county has been | ||
declared after
July 1, 1986 by presidential proclamation to be | ||
a disaster area as a result
of flooding, the tax authorized by | ||
this subsection (h) shall not be levied
until the question of | ||
its adoption, either for a specified period or
indefinitely, | ||
has been submitted to the electors thereof and approved by a
| ||
majority of those voting on the question. This question may be | ||
submitted
at any election held in the county after the adoption | ||
of a resolution by
the county board providing for the | ||
submission of the question to the
electors of the county. The | ||
county board shall certify the resolution and
proposition to | ||
the proper election officials, who shall submit the
proposition | ||
at an election in accordance with the general election law. If
| ||
a majority of the votes cast on the question is in favor of the | ||
levy of
the tax, it may thereafter be levied in the county for | ||
the specified
period or indefinitely, as provided in the | ||
proposition. The question shall
be put in substantially the | ||
following form:
| ||
-------------------------------------------------------------
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Shall an annual tax be levied
| ||
for stormwater management purposes YES
| ||
(for a period of not more than
| ||
...... years) at a rate not exceeding ------------------
| ||
.....% of the equalized assessed
| ||
value of the taxable property of NO
| ||
........ County?
| ||
-------------------------------------------------------------
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(i) Upon the creation and implementation of a county | ||
stormwater management
plan, the county may petition the circuit | ||
court to dissolve any or all drainage
districts created | ||
pursuant to the Illinois Drainage Code or predecessor Acts
| ||
which are located entirely within the area of the county | ||
covered by the plan.
| ||
However, any active drainage district implementing a plan | ||
that is
consistent with and at least as stringent as the county | ||
stormwater
management plan may petition the stormwater | ||
management planning committee
for exception from dissolution. | ||
Upon filing of the petition, the committee
shall set a date for | ||
hearing not less than 2 weeks, nor more than 4 weeks,
from the | ||
filing thereof, and the committee shall give at least one | ||
week's
notice of the hearing in one or more newspapers of | ||
general circulation
within the district, and in addition shall | ||
cause a copy of the notice to be
personally served upon each of | ||
the trustees of the district. At the
hearing, the committee | ||
shall hear the district's petition and allow the
district | ||
trustees and any interested parties an opportunity to present | ||
oral
and written evidence. The committee shall render its | ||
decision upon the
petition for exception from dissolution based | ||
upon the best interests of
the residents of the district. In | ||
the event that the exception is not
allowed, the district may | ||
file a petition within 30 days of the decision
with the circuit | ||
court. In that case, the notice and hearing requirements
for | ||
the court shall be the same as herein provided for the | ||
committee.
The court shall likewise render its decision of | ||
whether to dissolve the
district based upon the best interests | ||
of residents of the district.
| ||
The dissolution of any drainage district shall not affect | ||
the obligation
of any bonds issued or contracts entered into by | ||
the district nor
invalidate the levy, extension or collection | ||
of any taxes or special
assessments upon the property in the | ||
former drainage district. All property
and obligations of the | ||
former drainage district shall be assumed and
managed by the | ||
county, and the debts of the former drainage district shall
be | ||
discharged as soon as practicable.
| ||
If a drainage district lies only partly within a county | ||
that adopts a
county stormwater management plan, the county may | ||
petition the circuit
court to disconnect from the drainage | ||
district that portion of the district
that lies within that | ||
county. The property of the drainage district within the
| ||
disconnected area shall be assumed and managed by the county. | ||
The county shall
also assume a portion of the drainage | ||
district's debt at the time of
disconnection, based on the | ||
portion of the value of the taxable property of the
drainage | ||
district which is located within the area being disconnected.
| ||
The operations of any drainage district that continues to | ||
exist in a
county that has adopted a stormwater management plan | ||
in accordance with
this Section shall be in accordance with the | ||
adopted plan.
| ||
(j) Any county that has adopted a county stormwater | ||
management plan
under this Section may, after 10 days written | ||
notice to the owner or
occupant, enter upon any lands or waters | ||
within the county for the purpose
of inspecting stormwater | ||
facilities or causing the removal of any
obstruction to an | ||
affected watercourse. The county shall be responsible
for any | ||
damages occasioned thereby.
| ||
(k) Upon petition of the municipality, and based on a | ||
finding of the
stormwater management planning committee, the | ||
county shall not enforce
rules and regulations adopted by the | ||
county in any municipality located
wholly or partly within the | ||
county that has a municipal stormwater
management ordinance | ||
that is consistent with and at least as stringent as
the county | ||
plan and ordinance, and is being enforced by the municipal
| ||
authorities.
| ||
(l) A county may issue general obligation bonds for | ||
implementing any
stormwater plan adopted under this Section in | ||
the manner prescribed in
Section 5-1012; except that the | ||
referendum requirement of Section 5-1012 shall
not apply to | ||
bonds issued pursuant to this Section on which the principal | ||
and
interest are to be paid entirely out of funds generated by | ||
the taxes and fees
authorized by this Section.
| ||
(m) The powers authorized by this Section may be | ||
implemented by the
county board for a portion of the county | ||
subject to similar stormwater
management needs.
| ||
(n) The powers and taxes authorized by this Section are in | ||
addition to the
powers and taxes authorized by Division 5-15; | ||
in exercising its powers
under this Section, a county shall not | ||
be subject to the restrictions and
requirements of that | ||
Division.
| ||
(o) Pursuant to paragraphs (g) and (i) of Section 6 of | ||
Article VII of
the Illinois Constitution, this Section | ||
specifically denies and limits the
exercise of any power which | ||
is inconsistent herewith by home rule units in
any county with | ||
a population of less than 1,500,000 in the area served by
the | ||
Northeastern Illinois Planning Commission. This Section does | ||
not
prohibit the concurrent exercise of powers consistent | ||
herewith.
| ||
(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
| ||
Section 45. The Energy Assistance Act is amended by | ||
changing Section 5 as follows:
| ||
(305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
| ||
Sec. 5. Policy Advisory Council.
| ||
(a) Within the Department of Commerce and Economic | ||
Opportunity is created a
Low Income Energy Assistance Policy | ||
Advisory Council.
| ||
(b) The Council shall be chaired by the Director
of | ||
Commerce and Economic Opportunity or his or her designee. There | ||
shall be 19 20
members of the Low Income Energy Assistance | ||
Policy Advisory Council, including
the chairperson and the | ||
following members:
| ||
(1) one member designated by the Illinois Commerce
| ||
Commission;
| ||
(2) (blank); one member designated by the Illinois | ||
Department of
Natural Resources;
| ||
(3) one member designated by the Illinois Energy
| ||
Association to represent electric public utilities serving | ||
in excess of 1
million customers in this State;
| ||
(4) one member agreed upon by gas public utilities
that
| ||
serve more than 500,000 and fewer than 1,500,000 customers | ||
in this State;
| ||
(5) one member agreed upon by gas public utilities that | ||
serve 1,500,000 or
more customers in this State;
| ||
(6) one member designated by the Illinois Energy
| ||
Association to represent combination gas and electric | ||
public utilities;
| ||
(7) one member agreed upon by the Illinois Municipal
| ||
Electric Agency and the Association of Illinois Electric | ||
Cooperatives;
| ||
(8) one member agreed upon by the Illinois Industrial
| ||
Energy Consumers;
| ||
(9) three members designated by the Department to
| ||
represent low income energy consumers;
| ||
(10) two members designated by the Illinois Community | ||
Action Association
to
represent local agencies that assist | ||
in the administration of this Act;
| ||
(11) one member designated by the Citizens Utility | ||
Board
to represent residential energy consumers;
| ||
(12) one member designated by the Illinois Retail
| ||
Merchants Association to represent commercial energy | ||
customers;
| ||
(13) one member designated by the Department to
| ||
represent independent energy providers; and
| ||
(14) three members designated by the Mayor of the City | ||
of Chicago.
| ||
(c) Designated and appointed members shall serve 2 year | ||
terms and
until their successors are appointed and qualified. | ||
The designating
organization shall notify the chairperson of | ||
any changes or substitutions of a
designee within 10 business | ||
days of a change or substitution. Members shall
serve without | ||
compensation, but may receive reimbursement for actual costs
| ||
incurred in fulfilling their duties as members of the Council.
| ||
(d) The Council shall have the following duties:
| ||
(1) to monitor the administration of this Act to ensure
| ||
effective, efficient, and coordinated program development | ||
and implementation;
| ||
(2) to assist the Department in developing and
| ||
administering rules and regulations required to be | ||
promulgated pursuant to this
Act in a manner consistent | ||
with the purpose and objectives of this Act;
| ||
(3) to facilitate and coordinate the collection and
| ||
exchange of all program data and other information needed | ||
by the Department and
others in fulfilling their duties | ||
pursuant to this Act;
| ||
(4) to advise the Department on the proper level of
| ||
support required for effective administration of the Act;
| ||
(5) to provide a written opinion concerning any
| ||
regulation proposed pursuant to this Act, and to review and | ||
comment on any
energy assistance or related plan required | ||
to be prepared by the Department;
| ||
(6) to advise the Department on the use of funds | ||
collected pursuant to
Section 11 of this Act, and on any | ||
changes to existing low income energy
assistance programs | ||
to make effective use of such funds, so long as such uses
| ||
and changes are consistent with the requirements of the | ||
Act.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
(305 ILCS 20/8 rep.)
| ||
Section 50. The Energy Assistance Act is amended by | ||
repealing Section 8. | ||
Section 55. The Interstate Ozone Transport Oversight Act is | ||
amended by changing Section 20 as follows:
| ||
(415 ILCS 130/20)
| ||
Sec. 20. Legislative referral and public hearings.
| ||
(a) Not later than 10 days after the development of any | ||
proposed
memorandum of understanding by the Ozone Transport | ||
Assessment Group
potentially requiring the State of Illinois to | ||
undertake emission reductions
in addition to those specified by | ||
the Clean Air Act Amendments of 1990, or
subsequent to the | ||
issuance of a request made by the United States Environmental
| ||
Protection Agency on or after June 1, 1997 for
submission of a | ||
State Implementation Plan for Illinois relating to ozone
| ||
attainment and before submission of the Plan, the
Director | ||
shall submit
the proposed memorandum of understanding or State | ||
Implementation Plan to
the House Committee and the Senate
| ||
Committee for their consideration. At that time, the Director | ||
shall also
submit information detailing any alternate | ||
strategies.
| ||
(b) To assist the legislative review required by this Act, | ||
the Department
of Natural Resources and the Department of | ||
Commerce and Economic Opportunity shall
conduct a joint study | ||
of the impacts on the State's economy which may result
from | ||
implementation of the emission reduction strategies contained | ||
within any
proposed memorandum of understanding or State | ||
Implementation Plan relating to
ozone and from implementation | ||
of any alternate
strategies. The study shall include, but not | ||
be limited to, the impacts on
economic development, employment, | ||
utility costs and rates, personal income, and
industrial | ||
competitiveness which may result from implementation of the | ||
emission
reduction strategies contained within any proposed | ||
memorandum of agreement or
State Implementation Plan relating | ||
to ozone and
from implementation of any alternate strategies. | ||
The study shall be
submitted
to the House Committee and Senate | ||
Committee not less than 10 days prior to any
scheduled hearing | ||
conducted pursuant to subsection (c) of this Section.
| ||
(c) Upon receipt of the information required by subsections | ||
(a) and (b) of
this Section, the House Committee and Senate | ||
Committee shall each convene
one or more public hearings to | ||
receive comments from agencies of government and
other | ||
interested parties on the memorandum of understanding's or | ||
State
Implementation Plan's prospective
economic and | ||
environmental impacts, including its impacts on energy use,
| ||
economic development, utility costs and rates, and | ||
competitiveness.
Additionally,
comments shall be received on | ||
the prospective economic and environmental
impacts, including | ||
impacts on energy use, economic development, utility
costs and | ||
rates, and competitiveness, which may result from | ||
implementation of
any
alternate strategies.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
(515 ILCS 5/1-235 rep.)
| ||
Section 60. The Fish and Aquatic Life Code is amended by | ||
repealing Section 1-235.
| ||
(520 ILCS 20/2 rep.)
| ||
(520 ILCS 20/6 rep.)
| ||
(520 ILCS 20/7 rep.)
| ||
(520 ILCS 20/8 rep.)
| ||
(520 ILCS 20/9 rep.)
| ||
Section 65. The Wildlife Habitat Management Areas Act is | ||
amended by repealing Sections 2, 6, 7, 8, and 9. | ||
Section 70. The Rivers, Lakes, and Streams Act is amended | ||
by changing Section 23a as follows:
| ||
(615 ILCS 5/23a) (from Ch. 19, par. 70a)
| ||
Sec. 23a. The Department is authorized to carry out | ||
inspections of any
dam within the State, and to establish | ||
standards and issue permits for the
safe construction of new | ||
dams and the reconstruction, repair, operation
and maintenance | ||
of all existing dams. If any inspection carried out
by the | ||
Department or by a federal agency in which the Department | ||
concurs
determines that a dam is in an unsafe condition, the | ||
Department shall
so notify the appropriate public officials of | ||
the affected city or county,
the State's Attorney of the county | ||
in which the dam is located, and the
Illinois Emergency | ||
Management Agency.
| ||
The Department may compel the installation of fishways in | ||
dams wherever
deemed necessary.
| ||
The Department may establish by rule minimum water levels | ||
for water behind
dams on streams and rivers as necessary to | ||
preserve the fish and other aquatic
life and to safeguard the | ||
health of the community.
| ||
Upon a determination of the Department that a dam | ||
constitutes a serious
threat to life or a threat of substantial | ||
property damage, the Department
may issue orders to require | ||
changes in the structure or its operation or
maintenance | ||
necessary for proper control of water levels at normal stages
| ||
and for the disposal of flood waters and for the protection of | ||
navigation
and any persons or property situated downstream from | ||
the dam or to otherwise
remove the threat provided, however, | ||
that no existing dam, based solely
upon the enactment by any | ||
governmental unit of any new rule, regulation,
ordinance, law, | ||
or other requirement passed after the construction of the
dam, | ||
shall be deemed to constitute a serious threat to life or a | ||
threat of
substantial property damage if it was designed and | ||
constructed under a
permit from the State of Illinois in | ||
conformance with all applicable
standards existing at the time | ||
of its construction and is in good repair.
| ||
The Department shall be required, prior to taking any | ||
action to compel
alteration or breaching of any dam, to furnish | ||
in writing to the owner of
the dam (1) a detailed and specific | ||
list of defects discovered in the course
of inspection of the | ||
dam, including the specific nature of any inadequacies
in the | ||
capacity of the spillway system and any indications of seepage, | ||
erosion,
or other evidence of structural deficiency in the dam | ||
or spillway; and (2)
a statement of the applicable standards | ||
that if complied with by the owner
of the dam would put the dam | ||
into compliance with the State's requirements.
| ||
No order shall be issued requiring alteration of any | ||
existing dam until after
notice and opportunity for hearing has | ||
been provided by the Department to the
dam owners. If the owner | ||
or owners of the dam are unknown, notice will be
provided by | ||
publication in a newspaper of general circulation in the county | ||
in
which the structure is located. Any order issued under this | ||
Section shall
include a statement of the findings supporting | ||
the order.
| ||
Opportunity for hearing is not required in emergency | ||
situations when the
Department finds there is imminent hazard | ||
to personal public safety of people.
| ||
The Department may enforce the provisions of this Section | ||
and of rules
and orders issued hereunder by injunction or other
| ||
appropriate action.
| ||
Neither the Department of Natural Resources nor
employees | ||
or agents of the Department shall be liable for damages | ||
sustained
through the partial or total failure of any dam or | ||
the operation or maintenance
of any dam by reason of the | ||
Department's regulation thereof. Nothing in this
Act shall | ||
relieve an owner or operator of a dam from the legal duties,
| ||
obligations, and liabilities arising from ownership or | ||
operation.
| ||
The Department shall review and update its operations | ||
manuals for the Algonquin Dam and the William G. Stratton Lock | ||
and Dam on an annual basis. | ||
(Source: P.A. 96-388, eff. 1-1-10.)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
| ||