Illinois General Assembly - Full Text of HB0404
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Full Text of HB0404  97th General Assembly



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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Employee Housing Act is amended by
5changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35
6as follows:
7    (5 ILCS 412/5-5)
8    Sec. 5-5. Policy development. The Department of
9Conservation, the Department of Corrections, the Historic
10Preservation Agency, the University of Illinois, and the
11University of Illinois Foundation shall each develop a policy
12on housing for State employees that addresses the following:
13        (1) Purpose of providing housing.
14        (2) Application procedures.
15        (3) Eligibility.
16        (4) Tenant selection criteria.
17        (5) Accounting for housing in employee compensation.
18        (6) Employee responsibilities that necessitate
19    State-provided housing.
20        (7) Procedures for setting and adjusting rent,
21    security deposits, and utility payments.
22        (8) Documented justification for State ownership of
23    each house or property.



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1(Source: P.A. 89-214, eff. 8-4-95.)
2    (5 ILCS 412/5-10)
3    Sec. 5-10. Taxable status. The Department of Agriculture,
4the Department of Conservation, the Department of Corrections,
5the Department of Veterans' Affairs, and the University of
6Illinois shall each develop procedures to determine whether
7housing provided to employees and non-employees is subject to
8taxation. The Department of Revenue and the Internal Revenue
9Service may be consulted to determine the appropriate means of
10reporting the value of housing provided at below fair market
11rent to those who do not meet all established criteria.
12(Source: P.A. 89-214, eff. 8-4-95.)
13    (5 ILCS 412/5-15)
14    Sec. 5-15. Rental housing. The Department of Conservation,
15the Department of Corrections, the Historic Preservation
16Agency, the Department of Transportation, the University of
17Illinois, and the University of Illinois Foundation shall each
18analyze the need for providing low-rent housing to its
19employees and shall consider alternatives to State-owned
20housing. Rent charged for State-owned housing shall be
21evaluated every 3 years for adjustments, including that
22necessitated by changing economic conditions.
23(Source: P.A. 89-214, eff. 8-4-95.)



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1    (5 ILCS 412/5-20)
2    Sec. 5-20. Security deposit. The Department of
3Conservation, the Department of Corrections, the Department of
4Transportation, the Historic Preservation Agency, the
5University of Illinois, and the University of Illinois
6Foundation shall each analyze the need for all employee and
7non-employee tenants of State-owned housing to pay a reasonable
8security deposit and may each collect security deposits and
9maintain them in interest-bearing accounts.
10(Source: P.A. 89-214, eff. 8-4-95.)
11    (5 ILCS 412/5-25)
12    Sec. 5-25. Utilities. The Department of Conservation, the
13Department of Corrections, the Historic Preservation Agency,
14and the University of Illinois may each require its employees
15for whom it provides housing to pay their own utilities. If
16direct utility payment is required, a utility schedule shall be
17established for employees who can not directly pay utilities
18due to extenuating circumstances, such as occupancy of
19dormitories not individually metered.
20(Source: P.A. 89-214, eff. 8-4-95.)
21    (5 ILCS 412/5-30)
22    Sec. 5-30. Tenant selection. The Department of
23Conservation, the Department of Corrections, the Historic
24Preservation Agency, the Department of Transportation, the



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1University of Illinois, and the University of Illinois
2Foundation shall each develop and maintain application forms
3for its State-owned housing, written criteria for selecting
4employee tenants, and records of decisions as to who was
5selected to receive State housing and why they were selected.
6(Source: P.A. 89-214, eff. 8-4-95.)
7    (5 ILCS 412/5-35)
8    Sec. 5-35. Housing justification. The Department of
9Conservation, the Historic Preservation Agency, and the
10University of Illinois shall each develop written criteria for
11determining which employment positions necessitate provision
12of State housing. The criteria shall include the specific
13employee responsibilities that can only be performed
14effectively by occupying State housing.
15(Source: P.A. 89-214, eff. 8-4-95.)
16    (15 ILCS 315/Act rep.)
17    Section 8. The State Museum Construction Act is repealed.
18    (20 ILCS 805/805-320 rep.)
19    (20 ILCS 805/805-435 rep.)
20    (20 ILCS 805/805-505 rep.)
21    Section 10. The Department of Natural Resources
22(Conservation) Law of the Civil Administrative Code of Illinois
23is amended by repealing Sections 805-320, 805-435, and 805-505.



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1    Section 15. The Illinois Geographic Information Council
2Act is amended by changing Sections 5-20 and 5-30 as follows:
3    (20 ILCS 1128/5-20)
4    Sec. 5-20. Meetings. The Council shall meet upon the call
5of its chairmen and shall meet at least twice a year.
6(Source: P.A. 94-961, eff. 6-27-06.)
7    (20 ILCS 1128/5-30)
8    Sec. 5-30. Evaluation of proposals.
9    The Council shall evaluate proposals made by the User
10Advisory Committee and make recommendations to the Governor and
11General Assembly on the efficient development, use, and funding
12of geographic information management technology (GIMT) for
13Illinois' State, regional, local, and academic agencies and
15    These include:
16        (1) Standards for the collection (geodetic),
17    maintenance, dissemination, and documentation of spatial
18    data, consistent with established and on-going development
19    of national standards and guidelines when applicable.
20        (2) Funding strategies that encourage and support the
21    use of GIMT at local levels of government.
22        (3) Examining the impacts of the Freedom of Information
23    Act as it applies to digital data dissemination.



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1        (4) Statewide basemap development.
2        (5) The development of multiyear strategies for
3    integration of GIMT in Illinois.
4        (6) (Blank). The Council shall report to the Governor
5    and the General Assembly by January 31st of each year on:
6            (a) the current status of efforts to integrate GIMT
7        into the decision making, evaluation, planning, and
8        management activities of State and local governments;
9            (b) the current status of integration of State and
10        local government efforts with those of the federal
11        government and the private sector; and
12            (c) Council objectives for the next 12-month
13        period.
14        (7) As necessary, the Council may enter into agreements
15    with professional non-profit organizations to achieve its
16    objectives.
17        (8) The Council may accept grants and gifts from
18    corporations, for-profit or not-for-profit, or
19    associations for the purpose of conducting research,
20    evaluations, or demonstration projects directed towards
21    the development of an integrated statewide system of
22    geographic information management technology.
23(Source: P.A. 94-961, eff. 6-27-06.)
24    (20 ILCS 1128/5-15 rep.)
25    Section 20. The Illinois Geographic Information Council



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1Act is amended by repealing Section 5-15.
2    (30 ILCS 768/Act rep.)
3    Section 27. The Park and Recreational Facility
4Construction Act is repealed.
5    Section 30. The Counties Code is amended by changing
6Section 5-1062 as follows:
7    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
8    Sec. 5-1062. Stormwater management.
9    (a) The purpose of this Section is to allow management and
10mitigation of the effects of urbanization on stormwater
11drainage in metropolitan counties located in the area served by
12the Northeastern Illinois Planning Commission, and references
13to "county" in this Section shall apply only to those counties.
14This Section shall not apply to any county with a population in
15excess of 1,500,000, except as provided in subsection (c). The
16purpose of this Section shall be achieved by:
17        (1) consolidating the existing stormwater management
18    framework into a united, countywide structure;
19        (2) setting minimum standards for floodplain and
20    stormwater management; and
21        (3) preparing a countywide plan for the management of
22    stormwater runoff, including the management of natural and
23    man-made drainageways. The countywide plan may incorporate



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1    watershed plans.
2    (b) A stormwater management planning committee shall be
3established by county board resolution, with its membership
4consisting of equal numbers of county board and municipal
5representatives from each county board district, and such other
6members as may be determined by the county and municipal
7members. However, if the county has more than 6 county board
8districts, the county board may by ordinance divide the county
9into not less than 6 areas of approximately equal population,
10to be used instead of county board districts for the purpose of
11determining representation on the stormwater management
12planning committee.
13    The county board members shall be appointed by the chairman
14of the county board. Municipal members from each county board
15district or other represented area shall be appointed by a
16majority vote of the mayors of those municipalities which have
17the greatest percentage of their respective populations
18residing in such county board district or other represented
19area. All municipal and county board representatives shall be
20entitled to a vote; the other members shall be nonvoting
21members, unless authorized to vote by the unanimous consent of
22the municipal and county board representatives. A municipality
23that is located in more than one county may choose, at the time
24of formation of the stormwater management planning committee
25and based on watershed boundaries, to participate in the
26stormwater management planning program of either or both of the



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1counties. Subcommittees of the stormwater management planning
2committee may be established to serve a portion of the county
3or a particular drainage basin that has similar stormwater
4management needs. The stormwater management planning committee
5shall adopt by-laws, by a majority vote of the county and
6municipal members, to govern the functions of the committee and
7its subcommittees. Officers of the committee shall include a
8chair and vice chair, one of whom shall be a county
9representative and one a municipal representative.
10    The principal duties of the committee shall be to develop a
11stormwater management plan for presentation to and approval by
12the county board, and to direct the plan's implementation and
13revision. The committee may retain engineering, legal and
14financial advisors and inspection personnel. The committee
15shall meet at least quarterly and shall hold at least one
16public meeting during the preparation of the plan and prior to
17its submittal to the county board.
18    (c) In the preparation of a stormwater management plan, a
19county stormwater management planning committee shall
20coordinate the planning process with each adjoining county to
21ensure that recommended stormwater projects will have no
22significant impact on the levels or flows of stormwaters in
23inter-county watersheds or on the capacity of existing and
24planned stormwater retention facilities. An adopted stormwater
25management plan shall identify steps taken by the county to
26coordinate the development of plan recommendations with



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1adjoining counties.
2    (d) (Blank). Before the stormwater management planning
3committee recommends to the county board a stormwater
4management plan for the county or a portion thereof, it shall
5submit the plan to the Office of Water Resources of the
6Department of Natural Resources and to the Northeastern
7Illinois Planning Commission for review and recommendations.
8The Office and the Commission, in reviewing the plan, shall
9consider such factors as impacts on the levels or flows in
10rivers and streams and the cumulative effects of stormwater
11discharges on flood levels. The Office of Water Resources shall
12determine whether the plan or ordinances enacted to implement
13the plan complies with the requirements of subsection (f).
14Within a period not to exceed 60 days, the review comments and
15recommendations shall be submitted to the stormwater
16management planning committee for consideration. Any
17amendments to the plan shall be submitted to the Office and the
18Commission for review.
19    (e) Prior to recommending the plan to the county board, the
20stormwater management planning committee shall hold at least
21one public hearing thereon and shall afford interested persons
22an opportunity to be heard. The hearing shall be held in the
23county seat. Notice of the hearing shall be published at least
24once no less than 15 days in advance thereof in a newspaper of
25general circulation published in the county. The notice shall
26state the time and place of the hearing and the place where



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1copies of the proposed plan will be accessible for examination
2by interested parties. If an affected municipality having a
3stormwater management plan adopted by ordinance wishes to
4protest the proposed county plan provisions, it shall appear at
5the hearing and submit in writing specific proposals to the
6stormwater management planning committee. After consideration
7of the matters raised at the hearing, the committee may amend
8or approve the plan and recommend it to the county board for
10    The county board may enact the proposed plan by ordinance.
11If the proposals for modification of the plan made by an
12affected municipality having a stormwater management plan are
13not included in the proposed county plan, and the municipality
14affected by the plan opposes adoption of the county plan by
15resolution of its corporate authorities, approval of the county
16plan shall require an affirmative vote of at least two-thirds
17of the county board members present and voting. If the county
18board wishes to amend the county plan, it shall submit in
19writing specific proposals to the stormwater management
20planning committee. If the proposals are not approved by the
21committee, or are opposed by resolution of the corporate
22authorities of an affected municipality having a municipal
23stormwater management plan, amendment of the plan shall require
24an affirmative vote of at least two-thirds of the county board
25members present and voting.
26    (f) The county board may prescribe by ordinance reasonable



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1rules and regulations for floodplain management and for
2governing the location, width, course and release rate of all
3stormwater runoff channels, streams and basins in the county,
4in accordance with the adopted stormwater management plan.
5These rules and regulations shall, at a minimum, meet the
6standards for floodplain management established by the Office
7of Water Resources and the requirements of the Federal
8Emergency Management Agency for participation in the National
9Flood Insurance Program.
10    (g) In accordance with, and if recommended in, the adopted
11stormwater management plan, the county board may adopt a
12schedule of fees as may be necessary to mitigate the effects of
13increased stormwater runoff resulting from new development.
14The fees shall not exceed the cost of satisfying the onsite
15stormwater retention or detention requirements of the adopted
16stormwater management plan. The fees shall be used to finance
17activities undertaken by the county or its included
18municipalities to mitigate the effects of urban stormwater
19runoff by providing regional stormwater retention or detention
20facilities, as identified in the county plan. All such fees
21collected by the county shall be held in a separate fund, and
22shall be expended only in the watershed within which they were
24    (h) For the purpose of implementing this Section and for
25the development, design, planning, construction, operation and
26maintenance of stormwater facilities provided for in the



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1stormwater management plan, a county board that has established
2a stormwater management planning committee pursuant to this
3Section may cause an annual tax of not to exceed 0.20% of the
4value, as equalized or assessed by the Department of Revenue,
5of all taxable property in the county to be levied upon all the
6taxable property in the county. The tax shall be in addition to
7all other taxes authorized by law to be levied and collected in
8the county and shall be in addition to the maximum tax rate
9authorized by law for general county purposes. The 0.20%
10limitation provided in this Section may be increased or
11decreased by referendum in accordance with the provisions of
12Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
13    Any revenues generated as a result of ownership or
14operation of facilities or land acquired with the tax funds
15collected pursuant to this subsection (h) shall be held in a
16separate fund and be used either to abate such property tax or
17for implementing this Section.
18    However, unless at least part of the county has been
19declared after July 1, 1986 by presidential proclamation to be
20a disaster area as a result of flooding, the tax authorized by
21this subsection (h) shall not be levied until the question of
22its adoption, either for a specified period or indefinitely,
23has been submitted to the electors thereof and approved by a
24majority of those voting on the question. This question may be
25submitted at any election held in the county after the adoption
26of a resolution by the county board providing for the



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1submission of the question to the electors of the county. The
2county board shall certify the resolution and proposition to
3the proper election officials, who shall submit the proposition
4at an election in accordance with the general election law. If
5a majority of the votes cast on the question is in favor of the
6levy of the tax, it may thereafter be levied in the county for
7the specified period or indefinitely, as provided in the
8proposition. The question shall be put in substantially the
9following form:
11    Shall an annual tax be levied
12for stormwater management purposes            YES
13(for a period of not more than
14...... years) at a rate not exceeding      ------------------
15.....% of the equalized assessed
16value of the taxable property of              NO
17........ County?
19    (i) Upon the creation and implementation of a county
20stormwater management plan, the county may petition the circuit
21court to dissolve any or all drainage districts created
22pursuant to the Illinois Drainage Code or predecessor Acts
23which are located entirely within the area of the county
24covered by the plan.
25    However, any active drainage district implementing a plan
26that is consistent with and at least as stringent as the county



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1stormwater management plan may petition the stormwater
2management planning committee for exception from dissolution.
3Upon filing of the petition, the committee shall set a date for
4hearing not less than 2 weeks, nor more than 4 weeks, from the
5filing thereof, and the committee shall give at least one
6week's notice of the hearing in one or more newspapers of
7general circulation within the district, and in addition shall
8cause a copy of the notice to be personally served upon each of
9the trustees of the district. At the hearing, the committee
10shall hear the district's petition and allow the district
11trustees and any interested parties an opportunity to present
12oral and written evidence. The committee shall render its
13decision upon the petition for exception from dissolution based
14upon the best interests of the residents of the district. In
15the event that the exception is not allowed, the district may
16file a petition within 30 days of the decision with the circuit
17court. In that case, the notice and hearing requirements for
18the court shall be the same as herein provided for the
19committee. The court shall likewise render its decision of
20whether to dissolve the district based upon the best interests
21of residents of the district.
22    The dissolution of any drainage district shall not affect
23the obligation of any bonds issued or contracts entered into by
24the district nor invalidate the levy, extension or collection
25of any taxes or special assessments upon the property in the
26former drainage district. All property and obligations of the



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1former drainage district shall be assumed and managed by the
2county, and the debts of the former drainage district shall be
3discharged as soon as practicable.
4    If a drainage district lies only partly within a county
5that adopts a county stormwater management plan, the county may
6petition the circuit court to disconnect from the drainage
7district that portion of the district that lies within that
8county. The property of the drainage district within the
9disconnected area shall be assumed and managed by the county.
10The county shall also assume a portion of the drainage
11district's debt at the time of disconnection, based on the
12portion of the value of the taxable property of the drainage
13district which is located within the area being disconnected.
14    The operations of any drainage district that continues to
15exist in a county that has adopted a stormwater management plan
16in accordance with this Section shall be in accordance with the
17adopted plan.
18    (j) Any county that has adopted a county stormwater
19management plan under this Section may, after 10 days written
20notice to the owner or occupant, enter upon any lands or waters
21within the county for the purpose of inspecting stormwater
22facilities or causing the removal of any obstruction to an
23affected watercourse. The county shall be responsible for any
24damages occasioned thereby.
25    (k) Upon petition of the municipality, and based on a
26finding of the stormwater management planning committee, the



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1county shall not enforce rules and regulations adopted by the
2county in any municipality located wholly or partly within the
3county that has a municipal stormwater management ordinance
4that is consistent with and at least as stringent as the county
5plan and ordinance, and is being enforced by the municipal
7    (l) A county may issue general obligation bonds for
8implementing any stormwater plan adopted under this Section in
9the manner prescribed in Section 5-1012; except that the
10referendum requirement of Section 5-1012 shall not apply to
11bonds issued pursuant to this Section on which the principal
12and interest are to be paid entirely out of funds generated by
13the taxes and fees authorized by this Section.
14    (m) The powers authorized by this Section may be
15implemented by the county board for a portion of the county
16subject to similar stormwater management needs.
17    (n) The powers and taxes authorized by this Section are in
18addition to the powers and taxes authorized by Division 5-15;
19in exercising its powers under this Section, a county shall not
20be subject to the restrictions and requirements of that
22    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
23Article VII of the Illinois Constitution, this Section
24specifically denies and limits the exercise of any power which
25is inconsistent herewith by home rule units in any county with
26a population of less than 1,500,000 in the area served by the



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1Northeastern Illinois Planning Commission. This Section does
2not prohibit the concurrent exercise of powers consistent
4(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
5    Section 45. The Energy Assistance Act is amended by
6changing Section 5 as follows:
7    (305 ILCS 20/5)  (from Ch. 111 2/3, par. 1405)
8    Sec. 5. Policy Advisory Council.
9    (a) Within the Department of Commerce and Economic
10Opportunity is created a Low Income Energy Assistance Policy
11Advisory Council.
12    (b) The Council shall be chaired by the Director of
13Commerce and Economic Opportunity or his or her designee. There
14shall be 19 20 members of the Low Income Energy Assistance
15Policy Advisory Council, including the chairperson and the
16following members:
17        (1) one member designated by the Illinois Commerce
18    Commission;
19        (2) (blank); one member designated by the Illinois
20    Department of Natural Resources;
21        (3) one member designated by the Illinois Energy
22    Association to represent electric public utilities serving
23    in excess of 1 million customers in this State;
24        (4) one member agreed upon by gas public utilities that



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1    serve more than 500,000 and fewer than 1,500,000 customers
2    in this State;
3        (5) one member agreed upon by gas public utilities that
4    serve 1,500,000 or more customers in this State;
5        (6) one member designated by the Illinois Energy
6    Association to represent combination gas and electric
7    public utilities;
8        (7) one member agreed upon by the Illinois Municipal
9    Electric Agency and the Association of Illinois Electric
10    Cooperatives;
11        (8) one member agreed upon by the Illinois Industrial
12    Energy Consumers;
13        (9) three members designated by the Department to
14    represent low income energy consumers;
15        (10) two members designated by the Illinois Community
16    Action Association to represent local agencies that assist
17    in the administration of this Act;
18        (11) one member designated by the Citizens Utility
19    Board to represent residential energy consumers;
20        (12) one member designated by the Illinois Retail
21    Merchants Association to represent commercial energy
22    customers;
23        (13) one member designated by the Department to
24    represent independent energy providers; and
25        (14) three members designated by the Mayor of the City
26    of Chicago.



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1    (c) Designated and appointed members shall serve 2 year
2terms and until their successors are appointed and qualified.
3The designating organization shall notify the chairperson of
4any changes or substitutions of a designee within 10 business
5days of a change or substitution. Members shall serve without
6compensation, but may receive reimbursement for actual costs
7incurred in fulfilling their duties as members of the Council.
8    (d) The Council shall have the following duties:
9        (1) to monitor the administration of this Act to ensure
10    effective, efficient, and coordinated program development
11    and implementation;
12        (2) to assist the Department in developing and
13    administering rules and regulations required to be
14    promulgated pursuant to this Act in a manner consistent
15    with the purpose and objectives of this Act;
16        (3) to facilitate and coordinate the collection and
17    exchange of all program data and other information needed
18    by the Department and others in fulfilling their duties
19    pursuant to this Act;
20        (4) to advise the Department on the proper level of
21    support required for effective administration of the Act;
22        (5) to provide a written opinion concerning any
23    regulation proposed pursuant to this Act, and to review and
24    comment on any energy assistance or related plan required
25    to be prepared by the Department;
26        (6) to advise the Department on the use of funds



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1    collected pursuant to Section 11 of this Act, and on any
2    changes to existing low income energy assistance programs
3    to make effective use of such funds, so long as such uses
4    and changes are consistent with the requirements of the
5    Act.
6(Source: P.A. 94-793, eff. 5-19-06.)
7    (305 ILCS 20/8 rep.)
8    Section 50. The Energy Assistance Act is amended by
9repealing Section 8.
10    Section 55. The Interstate Ozone Transport Oversight Act is
11amended by changing Section 20 as follows:
12    (415 ILCS 130/20)
13    Sec. 20. Legislative referral and public hearings.
14    (a) Not later than 10 days after the development of any
15proposed memorandum of understanding by the Ozone Transport
16Assessment Group potentially requiring the State of Illinois to
17undertake emission reductions in addition to those specified by
18the Clean Air Act Amendments of 1990, or subsequent to the
19issuance of a request made by the United States Environmental
20Protection Agency on or after June 1, 1997 for submission of a
21State Implementation Plan for Illinois relating to ozone
22attainment and before submission of the Plan, the Director
23shall submit the proposed memorandum of understanding or State



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1Implementation Plan to the House Committee and the Senate
2Committee for their consideration. At that time, the Director
3shall also submit information detailing any alternate
5    (b) To assist the legislative review required by this Act,
6the Department of Natural Resources and the Department of
7Commerce and Economic Opportunity shall conduct a joint study
8of the impacts on the State's economy which may result from
9implementation of the emission reduction strategies contained
10within any proposed memorandum of understanding or State
11Implementation Plan relating to ozone and from implementation
12of any alternate strategies. The study shall include, but not
13be limited to, the impacts on economic development, employment,
14utility costs and rates, personal income, and industrial
15competitiveness which may result from implementation of the
16emission reduction strategies contained within any proposed
17memorandum of agreement or State Implementation Plan relating
18to ozone and from implementation of any alternate strategies.
19The study shall be submitted to the House Committee and Senate
20Committee not less than 10 days prior to any scheduled hearing
21conducted pursuant to subsection (c) of this Section.
22    (c) Upon receipt of the information required by subsections
23(a) and (b) of this Section, the House Committee and Senate
24Committee shall each convene one or more public hearings to
25receive comments from agencies of government and other
26interested parties on the memorandum of understanding's or



HB0404 Enrolled- 23 -LRB097 03918 ASK 43957 b

1State Implementation Plan's prospective economic and
2environmental impacts, including its impacts on energy use,
3economic development, utility costs and rates, and
4competitiveness. Additionally, comments shall be received on
5the prospective economic and environmental impacts, including
6impacts on energy use, economic development, utility costs and
7rates, and competitiveness, which may result from
8implementation of any alternate strategies.
9(Source: P.A. 94-793, eff. 5-19-06.)
10    (515 ILCS 5/1-235 rep.)
11    Section 60. The Fish and Aquatic Life Code is amended by
12repealing Section 1-235.
13    (520 ILCS 20/2 rep.)
14    (520 ILCS 20/6 rep.)
15    (520 ILCS 20/7 rep.)
16    (520 ILCS 20/8 rep.)
17    (520 ILCS 20/9 rep.)
18    Section 65. The Wildlife Habitat Management Areas Act is
19amended by repealing Sections 2, 6, 7, 8, and 9.
20    Section 70. The Rivers, Lakes, and Streams Act is amended
21by changing Section 23a as follows:
22    (615 ILCS 5/23a)  (from Ch. 19, par. 70a)



HB0404 Enrolled- 24 -LRB097 03918 ASK 43957 b

1    Sec. 23a. The Department is authorized to carry out
2inspections of any dam within the State, and to establish
3standards and issue permits for the safe construction of new
4dams and the reconstruction, repair, operation and maintenance
5of all existing dams. If any inspection carried out by the
6Department or by a federal agency in which the Department
7concurs determines that a dam is in an unsafe condition, the
8Department shall so notify the appropriate public officials of
9the affected city or county, the State's Attorney of the county
10in which the dam is located, and the Illinois Emergency
11Management Agency.
12    The Department may compel the installation of fishways in
13dams wherever deemed necessary.
14    The Department may establish by rule minimum water levels
15for water behind dams on streams and rivers as necessary to
16preserve the fish and other aquatic life and to safeguard the
17health of the community.
18    Upon a determination of the Department that a dam
19constitutes a serious threat to life or a threat of substantial
20property damage, the Department may issue orders to require
21changes in the structure or its operation or maintenance
22necessary for proper control of water levels at normal stages
23and for the disposal of flood waters and for the protection of
24navigation and any persons or property situated downstream from
25the dam or to otherwise remove the threat provided, however,
26that no existing dam, based solely upon the enactment by any



HB0404 Enrolled- 25 -LRB097 03918 ASK 43957 b

1governmental unit of any new rule, regulation, ordinance, law,
2or other requirement passed after the construction of the dam,
3shall be deemed to constitute a serious threat to life or a
4threat of substantial property damage if it was designed and
5constructed under a permit from the State of Illinois in
6conformance with all applicable standards existing at the time
7of its construction and is in good repair.
8    The Department shall be required, prior to taking any
9action to compel alteration or breaching of any dam, to furnish
10in writing to the owner of the dam (1) a detailed and specific
11list of defects discovered in the course of inspection of the
12dam, including the specific nature of any inadequacies in the
13capacity of the spillway system and any indications of seepage,
14erosion, or other evidence of structural deficiency in the dam
15or spillway; and (2) a statement of the applicable standards
16that if complied with by the owner of the dam would put the dam
17into compliance with the State's requirements.
18    No order shall be issued requiring alteration of any
19existing dam until after notice and opportunity for hearing has
20been provided by the Department to the dam owners. If the owner
21or owners of the dam are unknown, notice will be provided by
22publication in a newspaper of general circulation in the county
23in which the structure is located. Any order issued under this
24Section shall include a statement of the findings supporting
25the order.
26    Opportunity for hearing is not required in emergency



HB0404 Enrolled- 26 -LRB097 03918 ASK 43957 b

1situations when the Department finds there is imminent hazard
2to personal public safety of people.
3    The Department may enforce the provisions of this Section
4and of rules and orders issued hereunder by injunction or other
5appropriate action.
6    Neither the Department of Natural Resources nor employees
7or agents of the Department shall be liable for damages
8sustained through the partial or total failure of any dam or
9the operation or maintenance of any dam by reason of the
10Department's regulation thereof. Nothing in this Act shall
11relieve an owner or operator of a dam from the legal duties,
12obligations, and liabilities arising from ownership or
14    The Department shall review and update its operations
15manuals for the Algonquin Dam and the William G. Stratton Lock
16and Dam on an annual basis.
17(Source: P.A. 96-388, eff. 1-1-10.)
18    Section 999. Effective date. This Act takes effect upon
19becoming law.