HB1723ham001 98TH GENERAL ASSEMBLY

Rep. Jil Tracy

Filed: 4/11/2013

09800HB1723ham001 LRB098 05768 OMW 44133 a

AMENDMENT TO HOUSE BILL 1723

AMENDMENT NO. ______. Amend House Bill 1723 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Drainage Code is amended by changing Section 5-2 as follows:

(70 ILCS 605/5-2) (from Ch. 42, par. 5-2)

Sec. 5-2. Original assessments - Property subject to assessment. Upon the Organization of the district, the commissioners shall proceed to make out their assessment roll of benefits, damages and compensation, and they shall include therein all lands, lots, railroads, and other property within the district, including State highways, streets, and alleys, other than public highways, streets and alleys, which, in their opinion, will be benefited, taken or damaged by the proposed work. Whenever another district or a municipal corporation exercising drainage powers has been made a party to the proceedings to organize the district, then the commissioners shall also include such other district or municipal corporation in their assessment roll.

(Source: P.A. 83-726.)

Section 10. The Rivers, Lakes, and Streams Act is amended by adding Section 40 as follows:

(615 ILCS 5/40 new)

Sec. 40. Department requirements.

(a) Notwithstanding any other provision of law, the Department shall require the following:

(1) with respect to the Department's permit process for levee improvements, the Department shall provide notice of submissions and a detailed timeline for review the submitter within 90 days;

(2) with respect to Department standards for construction in rural areas, the Department shall permit a water surface profile increase of 0.5 feet;

(3) with respect to Department standards for construction in urban areas, the Department shall permit a water surface profile increase of 0.1 feet; and

(4) with respect to mitigation analysis, a mitigation analysis shall only be performed if a water surface profile increase of 0.5 feet in rural areas, or of 0.1 in urban areas, exceeds an induced head study.

(b) For the purposes of this Section:

"Base condition" means the current pre-permit top of levee elevation profile, cross-sections, and levee centerline alignment.

"Induced head" means (i) the change of the water surface profile; and (ii) any change in water elevations upstream or downstream of the proposed improvement due to the change of a base condition in levee height to a proposed condition in levee height or encroachment.

"Proposed condition" means the change requested for State and Federal permits.

Section 99. Effective date. This Act takes effect upon becoming law.".