SB2311 104TH GENERAL ASSEMBLY

LRB104 07197 LNS 17234 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2311

Introduced 2/7/2025, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

615 ILCS 15/5.1 new
615 ILCS 15/5.2 new
615 ILCS 15/5.3 new
615 ILCS 15/5.4 new

Amends the Flood Control Act of 1945. Requires, not later than July 1, 2026 and before the end of each successive 5-year period after that date, the Department of Natural Resources to prepare and adopt a comprehensive State flood. Provides that the State flood plan must: (1) provide for orderly preparation for and response to flood conditions to protect against the loss of life and property; (2) be a guide to State and local flood control policy; and (3) contribute to water development where possible. Provides that the Department shall adopt guidance principles for the State flood plan that reflect the public interest of the entire State. Requires the Department to: (1) designate flood planning regions corresponding to each river basin; (2) provide technical and financial assistance to the flood planning groups; and (3) adopt guidance principles for the regional flood plans, including procedures for amending adopted plans. Requires the Department to prepare and adopt a plan describing the repair and maintenance needs of flood control dams and prepare and adopt a new plan before the end of the 10th year following the adoption of a plan. Creates the State Flood Plan Implementation Advisory Committee to review the overall operation, function, and structure of the State flood plan and rules adopted by the Department to implement the State flood plan.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Flood Control Act of 1945 is amended by adding Sections 5.1, 5.2, 5.3, and 5.4 as follows:

(615 ILCS 15/5.1 new)

Sec. 5.1. State flood plan.

(a) Not later than July 1, 2026, and before the end of each successive 5-year period after that date, the Department of Natural Resources shall prepare and adopt a comprehensive State flood plan that incorporates the regional flood plans approved under Section 5.2. The State flood plan must:

(1) provide for orderly preparation for and response to flood conditions to protect against the loss of life and property;

(2) be a guide to State and local flood control policy; and

(3) contribute to water development where possible.

(b) The State flood plan must include:

(1) an evaluation of the condition and adequacy of flood control infrastructure on a regional basis;

(2) a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies necessary to protect against the loss of life and property from flooding and a discussion of how those projects and strategies might further water development, where applicable;

(3) an analysis of completed, ongoing, and proposed flood control projects included in previous State flood plans, including which projects received funding;

(4) an analysis of development in the 100-year floodplain areas as defined by the federal Emergency Management Agency; and

(5) legislative recommendations the Department of Natural Resources considers necessary to facilitate flood control planning and project construction.

(c) The Department of Natural Resources, in coordination with the Department of Agriculture and the Illinois Emergency Management Agency and Office of Homeland Security, shall adopt guidance principles for the State flood plan that reflect the public interest of the entire State. The Department of Natural Resources shall review and revise the guidance principles, with input from the Department of Agriculture and the Illinois Emergency Management Agency and Office of Homeland Security, as necessary and at least every fifth year to coincide with the 5-year cycle for adoption of a new State flood plan.

(d) On adoption of a State flood plan, the Department of Natural Resources shall deliver the plan to the Governor and the General Assembly.

(e) Not later than July 1, 2026, the Department of Natural Resources shall adopt guidance principles for the regional flood plans and designate flood planning regions corresponding to each river basin.

(615 ILCS 15/5.2 new)

Sec. 5.2. Regional flood planning.

(a) The Department of Natural Resources shall:

(1) designate flood planning regions corresponding to each river basin;

(2) provide technical and financial assistance to the flood planning groups; and

(3) adopt guidance principles for the regional flood plans, including procedures for amending adopted plans.

(b) In designating flood planning regions, the Department of Natural Resources may divide river basins to avoid having an impracticably large area for efficient planning in a flood planning region.

(c) The Department of Natural Resources shall designate representatives from each flood planning region to serve as the initial flood planning group. The initial flood planning group may then designate additional representatives to serve on the flood planning group. The initial flood planning group shall designate additional representatives if necessary to ensure adequate representation from the interests in its region, including the public, counties, municipalities, industries, agricultural interests, environmental interests, small businesses, electric generating utilities, river authorities, water districts, and water utilities. The flood planning group shall maintain adequate representation from those interests. In addition, the Department of Natural Resources, the Department of Agriculture, and the Illinois Emergency Management Agency and Office of Homeland Security each shall appoint a representative to serve as an ex officio member of each flood planning group.

(d) Each regional flood planning group shall hold public meetings as provided by Department of Natural Resources rule to gather from interested persons, including members of the public and other political subdivisions located in that county, suggestions and recommendations as to issues, provisions, projects, and strategies that should be considered for inclusion in a regional flood plan.

(e) Each flood planning group shall consider the information collected under subsection (d) in creating a regional flood plan. A regional flood plan must:

(1) use information based on scientific data and updated mapping; and

(2) include:

(A) a general description of the condition and functionality of flood control infrastructure in the flood planning region;

(B) flood control projects under construction or in the planning stage;

(C) information on land use changes and population growth in the flood planning region;

(D) an identification of the areas in the flood planning region that are prone to flood and flood control solutions for those areas; and

(E) an indication of whether a particular flood control solution:

(i) meets an emergency need;

(ii) uses federal money as a funding component; and

(iii) may also serve as a water supply source.

(f) After a flood planning group prepares a regional flood plan, the group shall hold at least one public meeting in a central location in the flood planning region to accept comments on the regional flood plan. The flood planning group shall:

(1) cooperate with the Department of Natural Resources to determine what method of providing notice for the public meeting is most accessible to persons in the flood planning region; and

(2) publish, post, or otherwise disseminate notice of the public meeting according to the method described by paragraph (1).

(g) The notice published, posted, or otherwise disseminated under subsection (f) must contain:

(1) the date, time, and location of the public meeting or hearing;

(2) a summary of the regional flood plan;

(3) the name, telephone number, and address of a person to whom questions or requests for additional information may be submitted; and

(4) information on how the public may submit comments.

(h) After consideration of the comments received at the public meeting, the flood planning group shall adopt the regional flood plan and submit the adopted regional flood plan to the Department of Natural Resources. The Department of Natural Resources shall make a determination whether the regional flood plan:

(1) satisfies the requirements for regional flood plans adopted in the guidance principles described by subsection (a);

(2) adequately provides for the preservation of life and property and the development of water supply sources, where applicable; and

(3) affects a neighboring area.

(i) If the Department of Natural Resources makes a determination that an element of a regional flood plan negatively affects a neighboring area, the Department of Natural Resources must coordinate with the affected area to adjust the plan to ensure that no neighboring area is negatively affected by the plan.

(j) The Department of Natural Resources shall approve a regional flood plan when it:

(1) satisfies the requirements of paragraphs (1) and (2) of subsection (h); and

(2) does not negatively affect a neighboring area.

(k) A flood planning group may amend a regional flood plan after the plan has been approved by the Department of Natural Resources according to rules adopted by the Department of Natural Resources.

(l) Not later than July 1, 2027, each flood planning group shall submit a regional flood plan to the Department of Natural Resources for the group's flood planning region.

(615 ILCS 15/5.3 new)

Sec. 5.3. Ten-year dam repair and maintenance plan; reports.

(a) In this Section, "plan" means the 10-year dam repair, rehabilitation, and maintenance plan adopted under this Section.

(b) The Department of Natural Resources shall prepare and adopt a plan describing the repair and maintenance needs of flood control dams and prepare and adopt a new plan before the end of the 10th year following the adoption of a plan.

(c) The Department of Natural Resources shall prepare a report of the repair and maintenance needs of all dams that:

(1) are not licensed by the federal Energy Regulatory Commission;

(2) do not have flood storage;

(3) are required to pass floodwaters; and

(4) have failed.

(d) Each year, the Department of Natural Resources shall deliver to the General Assembly a report regarding progress made on items listed in the plan. If an update to the report or plan is necessary before the yearly report or before the end of the 10-year cycle, the Department of Natural Resources must deliver to the General Assembly an amended report or plan.

(615 ILCS 15/5.4 new)

Sec. 5.4. State Flood Plan Implementation Advisory Committee.

(a) The State Flood Plan Implementation Advisory Committee is composed of the following members:

(1) one member of the Senate, appointed by the Senate President;

(2) one member of the Senate, appointed by the Minority Leader of the Senate;

(3) one member of the House of Representatives, appointed by the Speaker of the House;

(4) one member of the House of Representatives, appointed by the Minority Leader of the House;

(5) a representative of the Illinois Emergency Management Agency and Office of Homeland Security, chosen by the Illinois Emergency Management Agency and Office of Homeland Security; and

(6) a representative of the Department of Natural Resources, chosen by the Department of Natural Resources.

(b) The member of the Senate appointed by the Senate President and the member of the House of Representatives appointed by the Speaker of the House shall serve as the co-chairs of the State Flood Plan Implementation Advisory Committee.

(c) The State Flood Plan Implementation Advisory Committee may hold public hearings, formal meetings, or work sessions. The State Flood Plan Implementation Advisory Committee may not take formal action at a public hearing, formal meeting, or work session unless a quorum of the State Flood Plan Implementation Advisory Committee is present.

(d) Except as otherwise provided by this subsection, a member of the State Flood Plan Implementation Advisory Committee is not entitled to receive compensation for service on the State Flood Plan Implementation Advisory Committee or reimbursement for expenses incurred in the performance of official duties as a member of the State Flood Plan Implementation Advisory Committee. Service on the State Flood Plan Implementation Advisory Committee by a member of the Senate or House of Representatives is considered legislative service for which the member is entitled to reimbursement and other benefits in the same manner and to the same extent as for other legislative service.

(e) The State Flood Plan Implementation Advisory Committee shall review the overall operation, function, and structure of the State flood plan and rules adopted by the Department of Natural Resources to implement the State flood plan at least semiannually and may provide comments and recommendations to the Department of Natural Resources on any matter.

(f) The State Flood Plan Implementation Advisory Committee may adopt rules, procedures, and policies as needed to administer this Section and implement its responsibilities.

(g) The State Flood Plan Implementation Advisory Committee shall make recommendations to the Department of Natural Resources regarding information to be posted on the Department of Natural Resources' website.