90th General Assembly
Summary of HB1735
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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


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