97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6216

 

Introduced , by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
615 ILCS 5/24.5 new

    Amends the Rivers, Lakes, and Streams Act. Defines "secretarial disaster area" as any portion of a county which meets severe drought intensity for 8 consecutive weeks, or any any portion of a county which meets extreme drought or higher drought intensity value at any time during the growing season. Provides that whenever the Secretary of the United States Department of Agriculture declares a secretarial disaster area to exist, the Governor shall exercise his or her authority under Section 7 of the Illinois Emergency Management Agency Act to provide the Department of Natural Resources the authority to regulate and permit all water use, including but not limited to riparian rights, of surface and groundwater resources within the secretarial disaster area. Provides that the Department of Natural Resources shall have the authority to prioritize permitted water usage based on the needs of the affected area. Permitted uses shall include but not be limited to public drinking water supply, in-stream flows, industrial uses, and navigation. Provides that the Department shall have the authority to make available all public and private water within Illinois to alleviate water supply demands within a secretarial disaster area, excluding federal reservoirs and Lake Michigan. Provides that the Department is not required to follow state procurement rules when implementing this Section within secretarial disaster areas and that all compensation shall be set by the Office of Water Resources. Provides procedural requirements concerning water use regulation under the new provisions. Limits the concurrent exercise of home rule powers.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rivers, Lakes, and Streams Act is amended by
5adding Section 24.5 as follows:
 
6    (615 ILCS 5/24.5 new)
7    Sec. 24.5. Emergency drought disaster areas.
8    (a) As used in this Section, "secretarial disaster area"
9means any portion of a county which meets the D2 (severe
10drought) drought intensity value for 8 consecutive weeks, or
11any portion of a county which meets the D3 (extreme drought) or
12higher drought intensity value at any time during the growing
13season, as reported in the U.S. Drought Monitor.
14    (b) Whenever the Secretary of the United States Department
15of Agriculture declares a secretarial disaster area to exist,
16the Governor shall exercise his or her authority under Section
177 of the Illinois Emergency Management Agency Act to provide
18the Department of Natural Resources the authority to regulate
19and permit all water use, including but not limited to riparian
20rights, of surface and groundwater resources within the
21secretarial disaster area.
22    (c) The Department of Natural Resources shall have the
23authority to prioritize permitted water usage based on the

 

 

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1needs of the affected area. Permitted uses shall include but
2not be limited to public drinking water supply, in-stream
3flows, industrial uses, and navigation.
4    (d) The Department of Natural Resources shall have the
5authority to make available all public and private water within
6Illinois to alleviate water supply demands within a secretarial
7disaster area. The authority granted by this Section does not
8apply to federal reservoirs or Lake Michigan.
9    (e) The Department of Natural Resources is not required to
10follow state procurement rules when implementing this Section
11within secretarial disaster areas. All compensation shall be
12set by the Office of Water Resources.
13    (f) The Department shall hold a public hearing on the issue
14of water use regulation under this Section. A hearing shall be
15held within 30 days upon 3 days notice. Notice of the hearing
16shall be published at least 3 days before the hearing in no
17less than 2 Illinois newspapers of general circulation. A
18hearing officer, who shall be appointed by the Department,
19shall preside over any hearings required by this subsection
20(f), and shall make a written report and recommendation about
21the evidence presented at the hearing to the Director of the
22Department of Natural Resources.
23    (g) A home rule unit located within a secretarial disaster
24area may not regulate water usage in a manner inconsistent than
25the regulations imposed by the Department of Natural Resources
26under this Section. This Section is a limitation under

 

 

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1subsection (i) of Section 6 of Article VII of the Illinois
2Constitution on the concurrent exercise by home rule units of
3powers and functions exercised by the State.