HB0688ham001 102ND GENERAL ASSEMBLY

Rep. Deanne M. Mazzochi

Filed: 3/22/2021

10200HB0688ham001 LRB102 13848 RAM 23408 a

AMENDMENT TO HOUSE BILL 688

AMENDMENT NO. ______. Amend House Bill 688 by replacing everything after the enacting clause with the following:

"Section 5. The Rivers, Lakes, and Streams Act is amended by adding Section 29b as follows:

(615 ILCS 5/29b new)

Sec. 29b. Modification of certain structures associated with Graue Mill.

(a) As used in this Section, "structure" means a dike, dam, weir, barrage, or man-made public works or private improvement that directs or controls stormwater, drainage, flooding, or erosion within a waterway and is contained fully within, or is located within feet of, the historic district commonly known as Graue Mill and located at 3800 York Road in the Village of Oak Brook.

(b) Notwithstanding any other provision of law, after January 1, 2022 or the effective date of this amendatory Act of the 102nd General Assembly, whichever is later, no person, State agency, or unit of local government shall materially reduce, demolish, materially impair, or remove in whole or in part a structure until the performance of a study and submission of a report by the Graue Mill Intergovernmental Working Group or December 31, 2022, whichever is later.

(c) The Graue Mill Intergovernmental Working Group is created. The Graue Mill Intergovernmental Working Group shall include the following members:

(1) A designee by each owner of property lying within 50 feet of the structure. If the surrounding land is public space, then a designee of the unit of local government responsible for the repair and maintenance of the structure shall be appointed by the head of the unit of local government.

(2) An appointee from the DuPage County Board, to be selected by the County Board Chair. The County Board appointee shall be either: (i) an elected county board member in whose district the structure is located; or (ii) an elected county board member who has responsibilities for stormwater management, at the discretion of the County Board Chair. If no qualified elected member is willing to serve, then the appointment may be at the discretion of the County Board Chair.

(3) An appointee by the head of any municipality that is geographically located within 1,000 feet of the structure.

(4) An appointee by any historical district that is geographically located within 500 feet of the structure.

(5) As ex officio members, a representative from the Department of Natural Resources; the State Representative and State Senator encompassing the area where the structure is located; and a representative of the County Board of the next County downstream from the structure.

(d) No structure that was built, in whole or in part, using funds from this State shall be demolished without first securing advance written approval from the State agency supplying the funding. If that agency no longer exists or the proper agency cannot be determined, then notice shall be given to the Governor, but only upon the approval of the State Representative and State Senator for the area where the structure is located. Nothing in this Section shall prevent the party responsible for a structure from engaging in ordinary and customary maintenance and repair of the structure, including dredging around the structure, so long as the process does not materially impair or destabilize the structure.

(e) The Graue Mill Intergovernmental Working Group shall meet at least quarterly. It shall investigate and present findings on the following topics:

(1) the historical significance of a structure in Salt Creek within the Graue Mill historic preservation site, and any adverse consequences to the historical impact of the site if a structure in Salt Creek is impaired or removed;

(2) the impact on stormwater, floodplains, and stormwater retention in the surrounding area as well as on regions downstream from the structure if the structure is removed;

(3) measurements of water oxygenation in the locations immediately preceding and immediately following the structure within Salt Creek, and whether water oxygenation improves after overflowing the structure;

(4) the less restrictive alternatives available to improve water oxygenation and protect fish and wildlife that do not involve removal of the structure;

(5) the viewpoints of the Army Corps of Engineers on the necessity, if any, of removing or modifying the dam; and

(6) the impact on property values for properties and homeowners' associations in the surrounding historical district that would be caused by removal or impairment of the structure.".