HB3239 100TH GENERAL ASSEMBLY

LRB100 05415 AWJ 15426 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3239

Introduced , by Rep. Christine Winger

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1014.7 new
65 ILCS 5/11-101-3 new
75 ILCS 5/5-10 new
75 ILCS 16/40-60 new
75 ILCS 40/6 new
105 ILCS 5/10-20.60 new
620 ILCS 35/15	from Ch. 15 1/2, par. 765
620 ILCS 65/29 new

Amends the Counties Code, the Illinois Municipal Code, the School Code, and the O'Hare Modernization Act. Requires the Chicago Department of Aviation and the O'Hare Noise Compatibility Commission to approve criteria making public libraries eligible under the O'Hare School Sound Insulation Program and for units of local government to provide reimbursement for any cost not federally reimbursed up to 20% of the cost using approved airline revenue sources. Limits home rule powers. Amends the Illinois Local Library Act, Public Library District Act of 1991, and the Village Library Act. Provides that the board of a public library may apply for and receive sound insulation funding under the O'Hare School Sound Insulation Program. Amends the Permanent Noise Monitoring Act. Provides that permanent noise monitoring reports shall indicate public libraries and the number of public libraries within each contour. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning libraries.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-1014.7 as follows:

(55 ILCS 5/5-1014.7 new)

Sec. 5-1014.7. O'Hare School Sound Insulation Program. Counties that are members of the O'Hare Noise Compatibility Commission and the O'Hare Noise Compatibility Commission shall approve criteria and funding for the sound insulation of libraries as required by Section 29 of the O'Hare Modernization Act.

Section 10. The Illinois Municipal Code is amended by adding Section 11-101-3 as follows:

(65 ILCS 5/11-101-3 new)

Sec. 11-101-3. O'Hare School Sound Insulation Program. Municipalities that are members of the O'Hare Noise Compatibility Commission, the Chicago Department of Aviation, and the O'Hare Noise Compatibility Commission shall approve criteria and funding for the sound insulation of libraries as required by Section 29 of the O'Hare Modernization Act.

Section 15. The Illinois Local Library Act is amended by adding Section 5-10 as follows:

(75 ILCS 5/5-10 new)

Sec. 5-10. O'Hare School Sound Insulation Program. The board of trustees of a public library may apply for and receive sound insulation funding for the public library under the O'Hare School Sound Insulation Program for public libraries operating under this Act.

Section 20. The Public Library District Act of 1991 is amended by adding Section 40-60 as follows:

(75 ILCS 16/40-60 new)

Sec. 40-60. O'Hare School Sound Insulation Program. The board may apply for and receive sound insulation funding for a library building under the O'Hare School Sound Insulation Program for libraries operating under this Act.

Section 25. The Village Library Act is amended by adding Section 6 as follows:

(75 ILCS 40/6 new)

Sec. 6. O'Hare School Sound Insulation Program. The board of trustees of a public library may apply for and receive sound insulation funding for the public library under the O'Hare School Sound Insulation Program for public libraries operating under this Act.

Section 30. The School Code is amended by adding Section 10-20.60 as follows:

(105 ILCS 5/10-20.60 new)

Sec. 10-20.60. O'Hare School Sound Insulation Program. School districts that are members of the O'Hare Noise Compatibility Commission and the O'Hare Noise Compatibility Commission shall approve criteria and funding for the sound insulation of libraries as required by Section 29 of the O'Hare Modernization Act.

Section 35. The Permanent Noise Monitoring Act is amended by changing Section 15 as follows:

(620 ILCS 35/15) (from Ch. 15 1/2, par. 765)

Sec. 15. Permanent noise monitoring reports. Beginning in 1993 and through 2008, the Division shall, on June 30th and December 31st of each year, prepare a permanent noise monitoring report and make the report available to the public. Beginning in 2009, the airport sponsor shall, on June 30th and December 31st of each year, prepare a permanent noise monitoring report and make the report available to the public. Copies of the report shall be submitted to: the Office of the Governor; the Office of the President of the Senate; the Office of the Senate Minority Leader; the Office of the Speaker of the House; the Office of the House Minority Leader; the United States Environmental Protection Agency, Region V; and the Illinois Environmental Protection Agency. Beginning in 2009, a copy of the report shall also be submitted to the division. The permanent noise monitoring report shall contain all of the following:

(a) Copies of the actual data collected by each permanent noise monitor in the system.

(b) A summary of the data collected by each permanent noise monitor in the system, showing the data organized by:

(1) day of the week;

(2) time of day;

(3) week of the year;

(4) type of aircraft; and

(5) the single highest noise event recorded at each monitor.

(c) Noise contour maps showing the 65 annual CNEL, 70 annual CNEL and 75 annual CNEL zones around the airport.

(d) Noise contour maps showing the 65 decibel (dBA), 70 dBA, and 75 dBA zones around the airport for:

(1) 7:00 a.m. through 6:59 p.m.;

(1.5) 7:00 p.m. through 9:59 p.m.;

(2) 10:00 p.m. through 6:59 a.m.; and

(3) types of aircraft.

(e) The noise contour maps produced under subsections (c) and (d) shall also indicate:

(1) residential areas (single and multi-family);

(2) schools;

(2.5) public libraries;

(3) hospitals and nursing homes;

(4) recreational areas, including but not limited to parks and forest preserves;

(5) commercial areas;

(6) industrial areas;

(7) the boundary of the airport;

(8) the number of residences (single and multi-family) within each contour;

(9) the number of residents within each contour;

(10) the number of schools within each contour; and

(11) the number of school students within each contour; and

(12) the number of public libraries within each contour.

(f) Through 2008, a certification by the Division that the system was in proper working order during the period or, if it was not, a specific description of any and all problems with the System during the period.

(g) Beginning in 2009, a certification by the airport sponsor that the system was in proper working order during the period or, if it was not, a specific description of any and all problems with the system during the period.

(Source: P.A. 99-202, eff. 1-1-16.)

Section 40. The O'Hare Modernization Act is amended by adding Section 29 as follows:

(620 ILCS 65/29 new)

Sec. 29. O'Hare School Sound Insulation Program.

(a) The Chicago Department of Aviation and the O'Hare Noise Compatibility Commission shall approve criteria making libraries formed under the Illinois Local Library Act, the Public Library District Act of 1991, or the Village Library Act eligible under the O'Hare School Sound Insulation Program. The criteria for libraries shall not be more stringent than the criteria for schools.

(b) To the extent that a library meets all criteria and grant funding becomes available through the O'Hare School Sound Insulation Program for that public library, a unit of local government responsible to provide reimbursement shall provide reimbursement for any cost not federally reimbursed up to 20% of the cost using approved airline revenue sources.

(c) Home rule units of local government shall not approve criteria or provide funding for sound insulation in libraries in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

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