Rep. Jil Tracy

Filed: 4/11/2013

 

 


 

 


 
09800HB1723ham001LRB098 05768 OMW 44133 a

1
AMENDMENT TO HOUSE BILL 1723

2    AMENDMENT NO. ______. Amend House Bill 1723 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Drainage Code is amended by
5changing Section 5-2 as follows:
 
6    (70 ILCS 605/5-2)  (from Ch. 42, par. 5-2)
7    Sec. 5-2. Original assessments - Property subject to
8assessment. Upon the Organization of the district, the
9commissioners shall proceed to make out their assessment roll
10of benefits, damages and compensation, and they shall include
11therein all lands, lots, railroads, and other property within
12the district, including State highways, streets, and alleys,
13other than public highways, streets and alleys, which, in their
14opinion, will be benefited, taken or damaged by the proposed
15work. Whenever another district or a municipal corporation
16exercising drainage powers has been made a party to the

 

 

09800HB1723ham001- 2 -LRB098 05768 OMW 44133 a

1proceedings to organize the district, then the commissioners
2shall also include such other district or municipal corporation
3in their assessment roll.
4(Source: P.A. 83-726.)
 
5    Section 10. The Rivers, Lakes, and Streams Act is amended
6by adding Section 40 as follows:
 
7    (615 ILCS 5/40 new)
8    Sec. 40. Department requirements.
9    (a) Notwithstanding any other provision of law, the
10Department shall require the following:
11        (1) with respect to the Department's permit process for
12    levee improvements, the Department shall provide notice of
13    submissions and a detailed timeline for review the
14    submitter within 90 days;
15        (2) with respect to Department standards for
16    construction in rural areas, the Department shall permit a
17    water surface profile increase of 0.5 feet;
18        (3) with respect to Department standards for
19    construction in urban areas, the Department shall permit a
20    water surface profile increase of 0.1 feet; and
21        (4) with respect to mitigation analysis, a mitigation
22    analysis shall only be performed if a water surface profile
23    increase of 0.5 feet in rural areas, or of 0.1 in urban
24    areas, exceeds an induced head study.

 

 

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1    (b) For the purposes of this Section:
2        "Base condition" means the current pre-permit top of
3    levee elevation profile, cross-sections, and levee
4    centerline alignment.
5        "Induced head" means (i) the change of the water
6    surface profile; and (ii) any change in water elevations
7    upstream or downstream of the proposed improvement due to
8    the change of a base condition in levee height to a
9    proposed condition in levee height or encroachment.
10        "Proposed condition" means the change requested for
11    State and Federal permits.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".