House Sponsors: HOWARD. Senate Sponsors: TROTTER-HENDON Short description: MUNI CD-PROPERTY CLEAN UP-FMV Synopsis of Bill as introduced: Amends the Illinois Municipal Code to apply the provisions of demolition, repair, or enclosure of abandoned or unsafe buildings by municipalities to the clean-up, inspection, testing, and remediation of hazardous substances in those buildings or on abandoned or unsafe property. Amends the Code of Civil Procedure to provide that evidence of environmental hazard, cost of clean-up, and effect on fair market value are admissible in eminent domain proceedings. FISCAL NOTE (DCCA) HB 1735, is permissive in nature and may have a fiscal impact on units of local government, if they choose to enact the pro- visions of the Act. STATE MANDATES FISCAL NOTE In the opinion of DCCA, HB1735 fails to create a State mandate under the State Mandates Act. HOME RULE NOTE HB 1735 does not preempt home rule authority. HOUSING AFFORDABILITY IMPACT NOTE This bill has no direct impact on the cost of constructing, purchasing, owning or selling a single-family residence. HOUSE AMENDMENT NO. 3. Deletes everything. Amends the Illinois Municipal Code to allow a municipality to remove or cause the removal of environmentally hazardous substances on, in, or under abandoned and unsafe property within the municipality. Allows a municipality to inspect the property and test for the presence or release of hazardous substances. Provides that the costs for inspection, testing, or remediation of the property are recoverable from the owner and may be a lien on the property. Amends the Code of Civil Procedure to provide that evidence of environmental hazard, cost of clean-up, and effect on fair market value are admissible in eminent domain proceedings. SENATE AMENDMENT NO. 1. Provides that "hazardous substances" means the same as in the Environmental Protection Act. Provides that a municipality shall apply to the circuit court for an order authorizing the remediation of property if conditions on the property, based on inspection and testing, indicate the presence of hazardous substances. Deletes a provision that a municipality shall recover the costs of inspection, testing, and remediation in the event that a No Further Remediation Letter has been issued. Makes other changes. SENATE AMENDMENT NO. 2. In the amendatory provisions concerning a lien for the expense of the inspection, testing, or remediation of hazardous substances on, in, or under abandoned or unsafe property, adds that the municipality may not proceed against the other assets of the real estate owners for unsatisfied costs if the lien is enforced under these provisions. Last action on Bill: PUBLIC ACT.............................. 90-0393 Last action date: 97-08-15 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2 END OF INQUIRY Full Text Bill Status