HB5604 100TH GENERAL ASSEMBLY

LRB100 20058 AWJ 35340 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5604

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-109-5 new
65 ILCS 5/11-129-8.5 new
65 ILCS 5/11-130-8.5 new
65 ILCS 5/11-139-2.5 new

Amends the Illinois Municipal Code. Provides that a municipality may not operate an emergency sewer repair program. Provides that a municipality that maintains and repairs a waterworks system, a water supply system, or a combined waterworks and sewerage system must publish on its website a plan for the maintenance and repair of underground water service lines (and sewerage systems in a combined waterworks and sewerage system). Provides that the plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Provides that physical copies of the plan must be made available for inspection and review at a municipal office. Limits home rule powers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Sections 11-109-5, 11-129-8.5, 11-130-8.5, and 11-139-2.5 as follows:

(65 ILCS 5/11-109-5 new)

Sec. 11-109-5. Emergency sewer repair programs. A municipality, including a home rule municipality, may not operate an emergency sewer repair program. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

(65 ILCS 5/11-129-8.5 new)

Sec. 11-129-8.5. Scheduled maintenance and repair plan.

(a) A municipality that maintains and repairs a waterworks system or water supply system must publish on its website a plan for the maintenance and repair of underground water service lines. The plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Physical copies of the plan must be made available for inspection and review at a municipal office.

(b) A home rule municipality shall establish and publish a scheduled maintenance and repair plan in a manner no less restrictive than provided for in 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.

(65 ILCS 5/11-130-8.5 new)

Sec. 11-130-8.5. Scheduled maintenance and repair plan.

(a) A municipality that maintains and repairs a waterworks system must publish on its website a plan for the maintenance and repair of underground water service lines. The plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Physical copies of the plan must be made available for inspection and review at a municipal office.

(b) A home rule municipality shall establish and publish a scheduled maintenance and repair plan in a manner no less restrictive than provided for in 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.

(65 ILCS 5/11-139-2.5 new)

Sec. 11-139-2.5. Scheduled maintenance and repair plan.

(a) A municipality that maintains and repairs a combined waterworks and sewerage system must publish on its website a plan for the maintenance and repair of underground water service lines and sewerage systems. The plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Physical copies of the plan must be made available for inspection and review at a municipal office.

(b) A home rule municipality shall establish and publish a scheduled maintenance and repair plan in a manner no less restrictive than provided for in 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.