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


Rep. Frank J. Mautino

Filed: 3/14/2012





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2    AMENDMENT NO. ______. Amend House Bill 404 by replacing
3everything after the enacting clause with the following:
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.



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1        (5) Accounting for housing in employee compensation.
2        (6) Employee responsibilities that necessitate
3    State-provided housing.
4        (7) Procedures for setting and adjusting rent,
5    security deposits, and utility payments.
6        (8) Documented justification for State ownership of
7    each house or property.
8(Source: P.A. 89-214, eff. 8-4-95.)
9    (5 ILCS 412/5-10)
10    Sec. 5-10. Taxable status. The Department of Agriculture,
11the Department of Conservation, the Department of Corrections,
12the Department of Veterans' Affairs, and the University of
13Illinois shall each develop procedures to determine whether
14housing provided to employees and non-employees is subject to
15taxation. The Department of Revenue and the Internal Revenue
16Service may be consulted to determine the appropriate means of
17reporting the value of housing provided at below fair market
18rent to those who do not meet all established criteria.
19(Source: P.A. 89-214, eff. 8-4-95.)
20    (5 ILCS 412/5-15)
21    Sec. 5-15. Rental housing. The Department of Conservation,
22the Department of Corrections, the Historic Preservation
23Agency, the Department of Transportation, the University of
24Illinois, and the University of Illinois Foundation shall each



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



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1dormitories not individually metered.
2(Source: P.A. 89-214, eff. 8-4-95.)
3    (5 ILCS 412/5-30)
4    Sec. 5-30. Tenant selection. The Department of
5Conservation, the Department of Corrections, the Historic
6Preservation Agency, the Department of Transportation, the
7University of Illinois, and the University of Illinois
8Foundation shall each develop and maintain application forms
9for its State-owned housing, written criteria for selecting
10employee tenants, and records of decisions as to who was
11selected to receive State housing and why they were selected.
12(Source: P.A. 89-214, eff. 8-4-95.)
13    (5 ILCS 412/5-35)
14    Sec. 5-35. Housing justification. The Department of
15Conservation, the Historic Preservation Agency, and the
16University of Illinois shall each develop written criteria for
17determining which employment positions necessitate provision
18of State housing. The criteria shall include the specific
19employee responsibilities that can only be performed
20effectively by occupying State housing.
21(Source: P.A. 89-214, eff. 8-4-95.)
22    (15 ILCS 315/Act rep.)
23    Section 8. The State Museum Construction Act is repealed.



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1    (20 ILCS 805/805-320 rep.)
2    (20 ILCS 805/805-435 rep.)
3    (20 ILCS 805/805-505 rep.)
4    Section 10. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by repealing Sections 805-320, 805-435, and 805-505.
7    Section 15. The Illinois Geographic Information Council
8Act is amended by changing Sections 5-20 and 5-30 as follows:
9    (20 ILCS 1128/5-20)
10    Sec. 5-20. Meetings. The Council shall meet upon the call
11of its chairmen and shall meet at least twice a year.
12(Source: P.A. 94-961, eff. 6-27-06.)
13    (20 ILCS 1128/5-30)
14    Sec. 5-30. Evaluation of proposals.
15    The Council shall evaluate proposals made by the User
16Advisory Committee and make recommendations to the Governor and
17General Assembly on the efficient development, use, and funding
18of geographic information management technology (GIMT) for
19Illinois' State, regional, local, and academic agencies and
21    These include:
22        (1) Standards for the collection (geodetic),



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1    maintenance, dissemination, and documentation of spatial
2    data, consistent with established and on-going development
3    of national standards and guidelines when applicable.
4        (2) Funding strategies that encourage and support the
5    use of GIMT at local levels of government.
6        (3) Examining the impacts of the Freedom of Information
7    Act as it applies to digital data dissemination.
8        (4) Statewide basemap development.
9        (5) The development of multiyear strategies for
10    integration of GIMT in Illinois.
11        (6) (Blank). The Council shall report to the Governor
12    and the General Assembly by January 31st of each year on:
13            (a) the current status of efforts to integrate GIMT
14        into the decision making, evaluation, planning, and
15        management activities of State and local governments;
16            (b) the current status of integration of State and
17        local government efforts with those of the federal
18        government and the private sector; and
19            (c) Council objectives for the next 12-month
20        period.
21        (7) As necessary, the Council may enter into agreements
22    with professional non-profit organizations to achieve its
23    objectives.
24        (8) The Council may accept grants and gifts from
25    corporations, for-profit or not-for-profit, or
26    associations for the purpose of conducting research,



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1    evaluations, or demonstration projects directed towards
2    the development of an integrated statewide system of
3    geographic information management technology.
4(Source: P.A. 94-961, eff. 6-27-06.)
5    (20 ILCS 1128/5-15 rep.)
6    Section 20. The Illinois Geographic Information Council
7Act is amended by repealing Section 5-15.
8    (30 ILCS 768/Act rep.)
9    Section 27. The Park and Recreational Facility
10Construction Act is repealed.
11    Section 30. The Counties Code is amended by changing
12Section 5-1062 as follows:
13    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
14    Sec. 5-1062. Stormwater management.
15    (a) The purpose of this Section is to allow management and
16mitigation of the effects of urbanization on stormwater
17drainage in metropolitan counties located in the area served by
18the Northeastern Illinois Planning Commission, and references
19to "county" in this Section shall apply only to those counties.
20This Section shall not apply to any county with a population in
21excess of 1,500,000, except as provided in subsection (c). The
22purpose of this Section shall be achieved by:



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1        (1) consolidating the existing stormwater management
2    framework into a united, countywide structure;
3        (2) setting minimum standards for floodplain and
4    stormwater management; and
5        (3) preparing a countywide plan for the management of
6    stormwater runoff, including the management of natural and
7    man-made drainageways. The countywide plan may incorporate
8    watershed plans.
9    (b) A stormwater management planning committee shall be
10established by county board resolution, with its membership
11consisting of equal numbers of county board and municipal
12representatives from each county board district, and such other
13members as may be determined by the county and municipal
14members. However, if the county has more than 6 county board
15districts, the county board may by ordinance divide the county
16into not less than 6 areas of approximately equal population,
17to be used instead of county board districts for the purpose of
18determining representation on the stormwater management
19planning committee.
20    The county board members shall be appointed by the chairman
21of the county board. Municipal members from each county board
22district or other represented area shall be appointed by a
23majority vote of the mayors of those municipalities which have
24the greatest percentage of their respective populations
25residing in such county board district or other represented
26area. All municipal and county board representatives shall be



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1entitled to a vote; the other members shall be nonvoting
2members, unless authorized to vote by the unanimous consent of
3the municipal and county board representatives. A municipality
4that is located in more than one county may choose, at the time
5of formation of the stormwater management planning committee
6and based on watershed boundaries, to participate in the
7stormwater management planning program of either or both of the
8counties. Subcommittees of the stormwater management planning
9committee may be established to serve a portion of the county
10or a particular drainage basin that has similar stormwater
11management needs. The stormwater management planning committee
12shall adopt by-laws, by a majority vote of the county and
13municipal members, to govern the functions of the committee and
14its subcommittees. Officers of the committee shall include a
15chair and vice chair, one of whom shall be a county
16representative and one a municipal representative.
17    The principal duties of the committee shall be to develop a
18stormwater management plan for presentation to and approval by
19the county board, and to direct the plan's implementation and
20revision. The committee may retain engineering, legal and
21financial advisors and inspection personnel. The committee
22shall meet at least quarterly and shall hold at least one
23public meeting during the preparation of the plan and prior to
24its submittal to the county board.
25    (c) In the preparation of a stormwater management plan, a
26county stormwater management planning committee shall



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1coordinate the planning process with each adjoining county to
2ensure that recommended stormwater projects will have no
3significant impact on the levels or flows of stormwaters in
4inter-county watersheds or on the capacity of existing and
5planned stormwater retention facilities. An adopted stormwater
6management plan shall identify steps taken by the county to
7coordinate the development of plan recommendations with
8adjoining counties.
9    (d) (Blank). Before the stormwater management planning
10committee recommends to the county board a stormwater
11management plan for the county or a portion thereof, it shall
12submit the plan to the Office of Water Resources of the
13Department of Natural Resources and to the Northeastern
14Illinois Planning Commission for review and recommendations.
15The Office and the Commission, in reviewing the plan, shall
16consider such factors as impacts on the levels or flows in
17rivers and streams and the cumulative effects of stormwater
18discharges on flood levels. The Office of Water Resources shall
19determine whether the plan or ordinances enacted to implement
20the plan complies with the requirements of subsection (f).
21Within a period not to exceed 60 days, the review comments and
22recommendations shall be submitted to the stormwater
23management planning committee for consideration. Any
24amendments to the plan shall be submitted to the Office and the
25Commission for review.
26    (e) (Blank). Prior to recommending the plan to the county



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1board, the stormwater management planning committee shall hold
2at least one public hearing thereon and shall afford interested
3persons an opportunity to be heard. The hearing shall be held
4in the county seat. Notice of the hearing shall be published at
5least once no less than 15 days in advance thereof in a
6newspaper of general circulation published in the county. The
7notice shall state the time and place of the hearing and the
8place where copies of the proposed plan will be accessible for
9examination by interested parties. If an affected municipality
10having a stormwater management plan adopted by ordinance wishes
11to protest the proposed county plan provisions, it shall appear
12at the hearing and submit in writing specific proposals to the
13stormwater management planning committee. After consideration
14of the matters raised at the hearing, the committee may amend
15or approve the plan and recommend it to the county board for
17    The county board may enact the proposed plan by ordinance.
18If the proposals for modification of the plan made by an
19affected municipality having a stormwater management plan are
20not included in the proposed county plan, and the municipality
21affected by the plan opposes adoption of the county plan by
22resolution of its corporate authorities, approval of the county
23plan shall require an affirmative vote of at least two-thirds
24of the county board members present and voting. If the county
25board wishes to amend the county plan, it shall submit in
26writing specific proposals to the stormwater management



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1planning committee. If the proposals are not approved by the
2committee, or are opposed by resolution of the corporate
3authorities of an affected municipality having a municipal
4stormwater management plan, amendment of the plan shall require
5an affirmative vote of at least two-thirds of the county board
6members present and voting.
7    (f) (Blank). The county board may prescribe by ordinance
8reasonable rules and regulations for floodplain management and
9for governing the location, width, course and release rate of
10all stormwater runoff channels, streams and basins in the
11county, in accordance with the adopted stormwater management
12plan. These rules and regulations shall, at a minimum, meet the
13standards for floodplain management established by the Office
14of Water Resources and the requirements of the Federal
15Emergency Management Agency for participation in the National
16Flood Insurance Program.
17    (g) In accordance with, and if recommended in, the adopted
18stormwater management plan, the county board may adopt a
19schedule of fees as may be necessary to mitigate the effects of
20increased stormwater runoff resulting from new development.
21The fees shall not exceed the cost of satisfying the onsite
22stormwater retention or detention requirements of the adopted
23stormwater management plan. The fees shall be used to finance
24activities undertaken by the county or its included
25municipalities to mitigate the effects of urban stormwater
26runoff by providing regional stormwater retention or detention



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1facilities, as identified in the county plan. All such fees
2collected by the county shall be held in a separate fund, and
3shall be expended only in the watershed within which they were
5    (h) For the purpose of implementing this Section and for
6the development, design, planning, construction, operation and
7maintenance of stormwater facilities provided for in the
8stormwater management plan, a county board that has established
9a stormwater management planning committee pursuant to this
10Section may cause an annual tax of not to exceed 0.20% of the
11value, as equalized or assessed by the Department of Revenue,
12of all taxable property in the county to be levied upon all the
13taxable property in the county. The tax shall be in addition to
14all other taxes authorized by law to be levied and collected in
15the county and shall be in addition to the maximum tax rate
16authorized by law for general county purposes. The 0.20%
17limitation provided in this Section may be increased or
18decreased by referendum in accordance with the provisions of
19Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
20    Any revenues generated as a result of ownership or
21operation of facilities or land acquired with the tax funds
22collected pursuant to this subsection (h) shall be held in a
23separate fund and be used either to abate such property tax or
24for implementing this Section.
25    However, unless at least part of the county has been
26declared after July 1, 1986 by presidential proclamation to be



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1a disaster area as a result of flooding, the tax authorized by
2this subsection (h) shall not be levied until the question of
3its adoption, either for a specified period or indefinitely,
4has been submitted to the electors thereof and approved by a
5majority of those voting on the question. This question may be
6submitted at any election held in the county after the adoption
7of a resolution by the county board providing for the
8submission of the question to the electors of the county. The
9county board shall certify the resolution and proposition to
10the proper election officials, who shall submit the proposition
11at an election in accordance with the general election law. If
12a majority of the votes cast on the question is in favor of the
13levy of the tax, it may thereafter be levied in the county for
14the specified period or indefinitely, as provided in the
15proposition. The question shall be put in substantially the
16following form:
18    Shall an annual tax be levied
19for stormwater management purposes            YES
20(for a period of not more than
21...... years) at a rate not exceeding      ------------------
22.....% of the equalized assessed
23value of the taxable property of              NO
24........ County?
26    (i) Upon the creation and implementation of a county



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1stormwater management plan, the county may petition the circuit
2court to dissolve any or all drainage districts created
3pursuant to the Illinois Drainage Code or predecessor Acts
4which are located entirely within the area of the county
5covered by the plan.
6    However, any active drainage district implementing a plan
7that is consistent with and at least as stringent as the county
8stormwater management plan may petition the stormwater
9management planning committee for exception from dissolution.
10Upon filing of the petition, the committee shall set a date for
11hearing not less than 2 weeks, nor more than 4 weeks, from the
12filing thereof, and the committee shall give at least one
13week's notice of the hearing in one or more newspapers of
14general circulation within the district, and in addition shall
15cause a copy of the notice to be personally served upon each of
16the trustees of the district. At the hearing, the committee
17shall hear the district's petition and allow the district
18trustees and any interested parties an opportunity to present
19oral and written evidence. The committee shall render its
20decision upon the petition for exception from dissolution based
21upon the best interests of the residents of the district. In
22the event that the exception is not allowed, the district may
23file a petition within 30 days of the decision with the circuit
24court. In that case, the notice and hearing requirements for
25the court shall be the same as herein provided for the
26committee. The court shall likewise render its decision of



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1whether to dissolve the district based upon the best interests
2of residents of the district.
3    The dissolution of any drainage district shall not affect
4the obligation of any bonds issued or contracts entered into by
5the district nor invalidate the levy, extension or collection
6of any taxes or special assessments upon the property in the
7former drainage district. All property and obligations of the
8former drainage district shall be assumed and managed by the
9county, and the debts of the former drainage district shall be
10discharged as soon as practicable.
11    If a drainage district lies only partly within a county
12that adopts a county stormwater management plan, the county may
13petition the circuit court to disconnect from the drainage
14district that portion of the district that lies within that
15county. The property of the drainage district within the
16disconnected area shall be assumed and managed by the county.
17The county shall also assume a portion of the drainage
18district's debt at the time of disconnection, based on the
19portion of the value of the taxable property of the drainage
20district which is located within the area being disconnected.
21    The operations of any drainage district that continues to
22exist in a county that has adopted a stormwater management plan
23in accordance with this Section shall be in accordance with the
24adopted plan.
25    (j) Any county that has adopted a county stormwater
26management plan under this Section may, after 10 days written



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1notice to the owner or occupant, enter upon any lands or waters
2within the county for the purpose of inspecting stormwater
3facilities or causing the removal of any obstruction to an
4affected watercourse. The county shall be responsible for any
5damages occasioned thereby.
6    (k) Upon petition of the municipality, and based on a
7finding of the stormwater management planning committee, the
8county shall not enforce rules and regulations adopted by the
9county in any municipality located wholly or partly within the
10county that has a municipal stormwater management ordinance
11that is consistent with and at least as stringent as the county
12plan and ordinance, and is being enforced by the municipal
14    (l) A county may issue general obligation bonds for
15implementing any stormwater plan adopted under this Section in
16the manner prescribed in Section 5-1012; except that the
17referendum requirement of Section 5-1012 shall not apply to
18bonds issued pursuant to this Section on which the principal
19and interest are to be paid entirely out of funds generated by
20the taxes and fees authorized by this Section.
21    (m) The powers authorized by this Section may be
22implemented by the county board for a portion of the county
23subject to similar stormwater management needs.
24    (n) The powers and taxes authorized by this Section are in
25addition to the powers and taxes authorized by Division 5-15;
26in exercising its powers under this Section, a county shall not



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1be subject to the restrictions and requirements of that
3    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
4Article VII of the Illinois Constitution, this Section
5specifically denies and limits the exercise of any power which
6is inconsistent herewith by home rule units in any county with
7a population of less than 1,500,000 in the area served by the
8Northeastern Illinois Planning Commission. This Section does
9not prohibit the concurrent exercise of powers consistent
11(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
12    (55 ILCS 5/5-1062.1 rep.)
13    Section 35. The Counties Code is amended by repealing
14Section 5-1062.1.
15    Section 40. The Coal Mining Act is amended by changing
16Section 2.08 as follows:
17    (225 ILCS 705/2.08)  (from Ch. 96 1/2, par. 308)
18    Sec. 2.08. The Director of the Office of Mines and Minerals
19within the Department of Natural Resources, or his or her
20designee, shall be the executive officer of the Mining Board
21and shall execute the orders, rules and regulations made and
22promulgated by the Mining Board. The Manager of the Office of
23Mines and Minerals may act as executive officer in the absence



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1of the Director of the Office of Mines and Minerals.
2(Source: P.A. 89-445, eff. 2-7-96.)
3    Section 45. The Energy Assistance Act is amended by
4changing Section 5 as follows:
5    (305 ILCS 20/5)  (from Ch. 111 2/3, par. 1405)
6    Sec. 5. Policy Advisory Council.
7    (a) Within the Department of Commerce and Economic
8Opportunity is created a Low Income Energy Assistance Policy
9Advisory Council.
10    (b) The Council shall be chaired by the Director of
11Commerce and Economic Opportunity or his or her designee. There
12shall be 19 20 members of the Low Income Energy Assistance
13Policy Advisory Council, including the chairperson and the
14following members:
15        (1) one member designated by the Illinois Commerce
16    Commission;
17        (2) (blank); one member designated by the Illinois
18    Department of Natural Resources;
19        (3) one member designated by the Illinois Energy
20    Association to represent electric public utilities serving
21    in excess of 1 million customers in this State;
22        (4) one member agreed upon by gas public utilities that
23    serve more than 500,000 and fewer than 1,500,000 customers
24    in this State;



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



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



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



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1shall also submit information detailing any alternate
3    (b) To assist the legislative review required by this Act,
4the Department of Natural Resources and the Department of
5Commerce and Economic Opportunity shall conduct a joint study
6of the impacts on the State's economy which may result from
7implementation of the emission reduction strategies contained
8within any proposed memorandum of understanding or State
9Implementation Plan relating to ozone and from implementation
10of any alternate strategies. The study shall include, but not
11be limited to, the impacts on economic development, employment,
12utility costs and rates, personal income, and industrial
13competitiveness which may result from implementation of the
14emission reduction strategies contained within any proposed
15memorandum of agreement or State Implementation Plan relating
16to ozone and from implementation of any alternate strategies.
17The study shall be submitted to the House Committee and Senate
18Committee not less than 10 days prior to any scheduled hearing
19conducted pursuant to subsection (c) of this Section.
20    (c) Upon receipt of the information required by subsections
21(a) and (b) of this Section, the House Committee and Senate
22Committee shall each convene one or more public hearings to
23receive comments from agencies of government and other
24interested parties on the memorandum of understanding's or
25State Implementation Plan's prospective economic and
26environmental impacts, including its impacts on energy use,



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



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



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



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1    The Department may enforce the provisions of this Section
2and of rules and orders issued hereunder by injunction or other
3appropriate action.
4    Neither the Department of Natural Resources nor employees
5or agents of the Department shall be liable for damages
6sustained through the partial or total failure of any dam or
7the operation or maintenance of any dam by reason of the
8Department's regulation thereof. Nothing in this Act shall
9relieve an owner or operator of a dam from the legal duties,
10obligations, and liabilities arising from ownership or
12    The Department shall review and update its operations
13manuals for the Algonquin Dam and the William G. Stratton Lock
14and Dam on an annual basis.
15(Source: P.A. 96-388, eff. 1-1-10.)
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".