99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1854

 

Introduced 2/20/2015, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the North Shore Sanitary District Act. Changes the title of the Act from the North Shore Sanitary District Act to the North Shore Water Reclamation District Act. Provides that the board of the sanity district may increase the pay of the president and the other members. Provides that the board may enact ordinances regarding rates or charges for the treatment and disposal of sewage and surface or ground water. Allows the board to impose civil fines, liens, and declare a nuisance regarding unlawful discharge of waste into the sewerage system or any sewer tributary. Provides that the sanitary district may sell, dispose of, or otherwise expend recovered resources and renewable energy resources and may construct, maintain, finance, and operate facilities necessary for this purpose. Further provides that the sanitary district may capture recovered resources and produce renewable energy resources from materials previously discarded. Amends the Special Assessment Supplemental Bond and Procedures Act, the Sanitary District Act of 1917, and the Eminent Domain Act making conforming changes. Effective immediately.


LRB099 11056 AWJ 31443 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1854LRB099 11056 AWJ 31443 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Special Assessment Supplemental Bond and
5Procedures Act is amended by changing Section 10 as follows:
 
6    (50 ILCS 460/10)
7    Sec. 10. Definitions. As used in this Act, unless the
8context or usage clearly indicates otherwise:
9    "Governing body" means the legislative body, council,
10board, commission, trustees, or any other body by whatever name
11it is known having charge of the corporate affairs of a
12governmental unit.
13    "Governmental unit" means a county, township,
14municipality, municipal corporation, unit of local government,
15or a special district, by whatever name known, authorized by
16any special assessment law to make local improvements by
17special assessment.
18    "Special assessment bond" means any instrument evidencing
19the obligation to pay money authorized or issued by or on
20behalf of a governmental unit under a special assessment law or
21under this Act, being payable from assessments made under a
22special assessment law, and when applicable, as supplemented by
23this Act.

 

 

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1    "Special assessment law" means any law of the State of
2Illinois authorizing governmental units to make local
3improvements payable wholly or in part by special assessment,
4and includes, without limitation, Division 2 of Article 9 of
5the Illinois Municipal Code, Division 5-32 of Article 5 of the
6Counties Code, Section 21 of the North Shore Water Reclamation
7Sanitary District Act, Section 19 of the Sanitary District Act
8of 1917, Sections 22a.1 through 22a.55 of the Sanitary District
9Act of 1917, and Section 28 of the Sanitary District Act of
101936.
11    "Special assessment proceeding" means the proceeding by
12any governmental unit under a special assessment law to provide
13for the making of a specific local improvement by special
14assessment.
15    "Special assessment ordinance" means an ordinance, or when
16applicable a resolution, as provided for by any special
17assessment law by which the governing body institutes, calls
18for, or provides for the making of a local improvement to be
19paid by the imposition of a special assessment pursuant to such
20special assessment law.
21    "Supplemental Act Assessment Bonds" are those special
22assessment bonds issued under Section 100 of this Act.
23    "Voucher" means any voucher issued under a special
24assessment law for work done in connection with the making of a
25local improvement.
26(Source: P.A. 90-480, eff. 8-17-97.)
 

 

 

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1    Section 10. The North Shore Sanitary District Act is
2amended by changing the title of the Act and Sections 0.1, 4,
38, 11, and 15 and by adding Sections 0.5, 7.6, 7.7, 18.5, and
431 as follows:
 
5    (70 ILCS 2305/Act title)
6An Act to create water reclamation sanitary districts, and
7to provide for sewage disposal.
 
8    (70 ILCS 2305/0.1)  (from Ch. 42, par. 276.99)
9    Sec. 0.1. This Act shall be known and may be cited as the
10"North Shore Water Reclamation Sanitary District Act".
11(Source: P.A. 77-699.)
 
12    (70 ILCS 2305/0.5 new)
13    Sec. 0.5. Sanitary district references. On and after the
14date the sanitary district renames itself under Section 4 of
15this Act, any references to "sanitary district" in this Act
16shall mean "water reclamation district". Any references to
17"North Shore Sanitary District" in this Act shall mean "North
18Shore Water Reclamation District."
 
19    (70 ILCS 2305/4)  (from Ch. 42, par. 280)
20    Sec. 4. Board of trustees; powers; compensation. The
21trustees shall constitute a board of trustees for the district.

 

 

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1The board of trustees is the corporate authority of the
2district, and shall exercise all the powers and manage and
3control all the affairs and property of the district. The board
4shall elect a president and vice-president from among their own
5number. In case of the death, resignation, absence from the
6state, or other disability of the president, the powers, duties
7and emoluments of the office of the president shall devolve
8upon the vice-president, until the disability is removed or
9until a successor to the president is appointed and chosen in
10the manner provided in this Act. The board may select a
11secretary, treasurer, executive director, and attorney, and
12may provide by ordinance for the employment of other employees
13as the board may deem necessary for the municipality. The board
14may appoint such other officers and hire such employees to
15manage and control the operations of the district as it deems
16necessary; provided, however, that the board shall not employ
17an individual as a wastewater operator whose Certificate of
18Technical Competency is suspended or revoked under rules
19adopted by the Pollution Control Board under item (4) of
20subsection (a) of Section 13 of the Environmental Protection
21Act. All employees selected by the board shall hold their
22respective offices during the pleasure of the board, and give
23such bond as may be required by the board. The board may
24prescribe the duties and fix the compensation of all the
25officers and employees of the sanitary district. However, the
26president of the board of trustees shall not receive more than

 

 

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1$10,000 per year and the other members of the board shall not
2receive more than $7,000 per year. However, beginning with the
3commencement of the new term of each board member in 1993, the
4president shall not receive more than $11,000 per year and each
5other member of the board shall not receive more than $8,000
6per year. Beginning with the commencement of the first new term
7after the effective date of this amendatory Act of the 95th
8General Assembly, the president of the board shall not receive
9more than $14,000 per year, and each other member of the board
10shall not receive more than $11,000 per year. Notwithstanding
11any other provision of this Section, the board of trustees may
12increase the annual rate of compensation at a separate flat
13amount for the president and the other members with a vote by
14at least 4 of the 5 trustees, and the increased annual rate of
15compensation shall apply to the president and the other members
16whose terms as members of the board commence after the increase
17in compensation is adopted by the board. The board of trustees
18has full power to pass all necessary ordinances, rules and
19regulations for the proper management and conduct of the
20business of the board and of the corporation, and for carrying
21into effect the objects for which the sanitary district was
22formed. The ordinances may provide for a fine for each offense
23of not less than $100 or more than $1,000. Each day's
24continuance of a violation shall be a separate offense. Fines
25under this Section are recoverable by the sanitary district in
26a civil action. The sanitary district is authorized to apply to

 

 

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1the circuit court for injunctive relief or mandamus when, in
2the opinion of the chief administrative officer, the relief is
3necessary to protect the sewerage system of the sanitary
4district.
5    The board of trustees shall have the authority to change
6the name of the District, by ordinance, to the North Shore
7Water Reclamation District. Any such name change shall not
8impair the legal status of any act by the sanitary district. If
9an ordinance is passed pursuant to this paragraph, all
10provisions of this Act shall apply to the newly renamed
11district No rights, duties or privilege of such sanitary
12district or of any person existing before the change of name
13shall be affected by the change in the name of the sanitary
14district. All proceedings pending in any court relating to such
15sanitary district may continue to final consummation under the
16name in which they were commenced.
17(Source: P.A. 98-162, eff. 8-2-13.)
 
18    (70 ILCS 2305/7.6 new)
19    Sec. 7.6. Rates for treatment and disposal of sewage and
20surface or ground water. The board of trustees shall have the
21authority by ordinance to establish, revise, and maintain rates
22or charges for the treatment and disposal of sewage and surface
23or ground water. Any user charge, industrial waste surcharge,
24or industrial cost recovery charge imposed by the sanitary
25district, together with all penalties, interest, and costs

 

 

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1imposed in connection therewith, shall be liens against the
2real estate which receives the service or benefit for which the
3charges are being imposed; provided, however, such liens shall
4not attach to such real estate until such charges or rates have
5become delinquent as provided by the ordinance of the sanitary
6district and provided further, that nothing in this Section
7shall be construed to give the sanitary district a preference
8over the rights of any purchaser, mortgagee, judgment creditor,
9or other lien holder arising prior to the filing in the office
10of the recorder of the county in which real estate is located,
11or in the office of the Registrar of Titles of such county if
12the property affected is registered under "An Act concerning
13land titles", approved May 1, 1897, as amended, of notice of
14the lien, which notice shall consist of a sworn statement
15setting out (1) a description of the real estate for which the
16service or the benefit was rendered sufficient to identify the
17real estate, (2) the amount or amounts of money due for such
18service or benefit, and (3) the date or dates when such amount
19or amounts became delinquent. The sanitary district shall have
20the power to foreclose such lien in the same manner and with
21the same effect as in the foreclosure of mortgages on real
22estate.
23    The assertion of liens against real estate by the sanitary
24district to secure payment of user charges, industrial waste
25surcharges, or industrial cost recovery charges imposed by the
26sanitary district as indicated in the previous paragraph shall

 

 

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1be in addition to any other remedy or right of recovery which
2the sanitary district may have with respect to the collection
3or recovery of such charges imposed by the sanitary district.
4Judgment in a civil action brought by the sanitary district to
5recover or collect such charges shall not operate as a release
6and waiver of the lien upon the real estate for the amount of
7the judgment. Only satisfaction of the judgment or the filing
8of a release or satisfaction of lien shall release said lien.
9The lien for charges on account of services or benefits
10provided for in this Section and the rights created hereunder
11shall be in addition to the lien upon real estate created by
12and imposed for general real estate taxes.
 
13    (70 ILCS 2305/7.7 new)
14    Sec. 7.7. Discharge into sewers of the sanitary district.
15    (a) As used in this Section:
16    "Executive director" means the executive director of the
17sanitary district.
18    "Industrial wastes" means all solids, liquids, or gaseous
19wastes resulting from any commercial, industrial,
20manufacturing, agricultural, trade, or business operation or
21process, or from the development, recovery, or processing of
22natural resources.
23    "Other wastes" means decayed wood, sawdust, shavings,
24bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
25and all other substances except sewage and industrial wastes.

 

 

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1    "Person" means any individual, firm, association, joint
2venture, sole proprietorship, company, partnership, estate
3copartnership, corporation, joint stock company, trust, school
4district, unit of local government, or private corporation
5organized or existing under the laws of this or any other state
6or country.
7    "Sewage" means water carried human wastes or a combination
8of water carried wastes from residences, buildings,
9businesses, industrial establishments, institutions, or other
10places together with any ground, surface, storm, or other water
11that may be present.
12    (b) It shall be unlawful for any person to discharge
13sewage, industrial waste, or other wastes into the sewerage
14system of the sanitary district or into any sewer tributary
15therewith, except upon the terms and conditions that the
16sanitary district might reasonably impose by way of ordinance,
17permit, rule, or regulation.
18    The sanitary district, in addition to all other powers
19vested in it and in the interest of public health and safety,
20or as authorized by subsections (b) and (c) of Section 46 of
21the Environmental Protection Act, is hereby empowered to pass
22all ordinances, rules, or regulations necessary to implement
23this Section, including but not limited to, the imposition of
24charges based on factors that influence the cost of treatment,
25including strength and volume, and including the right of
26access during reasonable hours to the premises of a person for

 

 

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1enforcement of adopted ordinances, rules, or regulations.
2    (c) Whenever the sanitary district, acting through the
3executive director, determines that sewage, industrial wastes,
4or other wastes are being discharged into the sewerage system
5and when, in the opinion of the executive director, the
6discharge is in violation of an ordinance, rules, or
7regulations adopted by the board of trustees under this Section
8governing industrial wastes or other wastes, the executive
9director shall order the offending party to cease and desist.
10The order shall be served by certified mail or personally on
11the owner, officer, registered agent, or individual designated
12by permit.
13    In the event the offending party fails or refuses to
14discontinue the discharge within 90 days after notification of
15the cease and desist order, the executive director may order
16the offending party to show cause before the board of trustees
17of the sanitary district why the discharge should not be
18discontinued. A notice shall be served on the offending party
19directing him, her, or it to show cause before the board of
20trustees why an order should not be entered directing the
21discontinuance of the discharge. The notice shall specify the
22time and place where a hearing will be held and shall be served
23personally or by registered or certified mail at least 10 days
24before the hearing; and in the case of a unit of local
25government or a corporation the service shall be upon an
26officer or agent thereof. After reviewing the evidence, the

 

 

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1board of trustees may issue an order to the party responsible
2for the discharge, directing that within a specified period of
3time the discharge be discontinued. The board of trustees may
4also order the party responsible for the discharge to pay a
5civil penalty in an amount specified by the board of trustees
6that is not less than $1,000 nor more than $2,000 per day for
7each day of discharge of effluent in violation of this Act as
8provided in subsection (d). The board of trustees may also
9order the party responsible for the violation to pay court
10reporter costs and hearing officer fees in an amount not
11exceeding $3,000.
12    (d) The board of trustees shall establish procedures for
13assessing civil penalties and issuing orders under subsection
14(c) as follows:
15        (1) In making its orders and determinations, the board
16    of trustees shall take into consideration all the facts and
17    circumstances bearing on the activities involved and the
18    assessment of civil penalties as shown by the record
19    produced at the hearing.
20        (2) The board of trustees shall establish a panel of
21    one or more independent hearing officers to conduct all
22    hearings on the assessment of civil penalties and issuance
23    of orders under subsection (c). All hearing officers shall
24    be attorneys licensed to practice law in this State.
25        (3) The board of trustees shall promulgate procedural
26    rules governing the proceedings, the assessment of civil

 

 

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1    penalties, and the issuance of orders.
2        (4) All hearings shall be on the record, and testimony
3    taken must be under oath and recorded stenographically.
4    Transcripts so recorded must be made available to any
5    member of the public or any party to the hearing upon
6    payment of the usual charges for transcripts. At the
7    hearing, the hearing officer may issue, in the name of the
8    board of trustees, notices of hearing requesting the
9    attendance and testimony of witnesses, the production of
10    evidence relevant to any matter involved in the hearing,
11    and may examine witnesses.
12        (5) The hearing officer shall conduct a full and
13    impartial hearing on the record, with an opportunity for
14    the presentation of evidence and cross examination of the
15    witnesses. The hearing officer shall issue findings of
16    fact, conclusions of law, a recommended civil penalty, and
17    an order based solely on the record. The hearing officer
18    may also recommend, as part of the order, that the
19    discharge of industrial waste be discontinued within a
20    specified time.
21        (6) The findings of fact, conclusions of law,
22    recommended civil penalty, and order shall be transmitted
23    to the board of trustees along with a complete record of
24    the hearing.
25        (7) The board of trustees shall either approve or
26    disapprove the findings of fact, conclusions of law,

 

 

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1    recommended civil penalty, and order. If the findings of
2    fact, conclusions of law, recommended civil penalty, or
3    order are rejected, the board of trustees shall remand the
4    matter to the hearing officer for further proceedings. If
5    the order is accepted by the board of trustees, it shall
6    constitute the final order of the board of trustees.
7        (8) The civil penalty specified by the board of
8    trustees shall be paid within 35 days after the party on
9    whom it is imposed receives a written copy of the order of
10    the board of trustees, unless the person or persons to whom
11    the order is issued seeks judicial review.
12        (9) If a person seeks judicial review of the order
13    assessing civil penalties, the person shall, within 35 days
14    after the date of the final order, pay the amount of the
15    civil penalties into an escrow account maintained by the
16    sanitary district for that purpose or file a bond
17    guaranteeing payment of the civil penalties if the civil
18    penalties are upheld on review.
19        (10) Civil penalties not paid by the times specified
20    above shall be delinquent and subject to a lien recorded
21    against the property of the person ordered to pay the
22    penalty. The foregoing provisions for asserting liens
23    against real estate by the sanitary district shall be in
24    addition to any other remedy or right of recovery that the
25    sanitary district may have with respect to the collection
26    or recovery of penalties and charges imposed by the

 

 

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1    sanitary district. Judgment in a civil action brought by
2    the sanitary district to recover or collect the charges
3    shall not operate as a release and waiver of the lien upon
4    the real estate for the amount of the judgment. Only
5    satisfaction of the judgment or the filing of a release or
6    satisfaction of lien shall release the lien.
7    (e) The executive director may order a person to cease the
8discharge of industrial waste upon a finding by the executive
9director that the final order of the board of trustees entered
10after a hearing to show cause has been violated. The executive
11director shall serve the person with a copy of his or her order
12either by certified mail or personally by serving the owner,
13officer, registered agent, or individual designated by permit.
14The order of the executive director shall also schedule an
15expedited hearing before a hearing officer designated by the
16board of trustees for the purpose of determining whether the
17person has violated the final order of the board of trustees.
18The board of trustees shall adopt rules of procedure governing
19expedited hearings. In no event shall the hearing be conducted
20less than 7 days after service of the executive director's
21order.
22    At the conclusion of the expedited hearing, the hearing
23officer shall prepare a report with his or her findings and
24recommendations and transmit it to the board of trustees. If
25the board of trustees, after reviewing the findings and
26recommendations, and the record produced at the hearing,

 

 

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1determines that the person has violated the board of trustee's
2final order, the board of trustees may authorize the plugging
3of the sewer. The executive director shall give not less than
410 days written notice of the board of trustee's order to the
5owner, officer, registered agent, or individual designated by
6permit, as well as the owner of record of the real estate and
7other parties known to be affected, that the sewer will be
8plugged.
9    The foregoing provision for plugging a sewer shall be in
10addition to any other remedy that the sanitary district may
11have to prevent violation of its ordinances and orders of its
12board of trustees.
13    (f) A violation of the final order of the board of trustees
14shall be considered a nuisance. If any person discharges
15sewage, industrial wastes, or other wastes into any waters
16contrary to the final order of the board of trustees, the
17sanitary district, acting through the executive director, has
18the power to commence an action or proceeding in the circuit
19court in and for the county in which the sanitary district is
20located for the purpose of having the discharge stopped either
21by mandamus or injunction, or to remedy the violation in any
22manner provided for in this Section.
23    The court shall specify a time, not exceeding 20 days after
24the service of the copy of the complaint, in which the party
25complained of must plead to the complaint, and in the meantime,
26the party may be restrained. In case of default or after

 

 

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1pleading, the court shall immediately inquire into the facts
2and circumstances of the case and enter an appropriate judgment
3in respect to the matters complained of. Appeals may be taken
4as in other civil cases.
5    (g) The sanitary district, acting through the executive
6director, has the power to commence an action or proceeding for
7mandamus or injunction in the circuit court ordering a person
8to cease its discharge, when, in the opinion of the executive
9director, the person's discharge presents an imminent danger to
10the public health, welfare, or safety; presents or may present
11an endangerment to the environment; or threatens to interfere
12with the operation of the sewerage system or a water
13reclamation plant under the jurisdiction of the sanitary
14district. The initiation of a show cause hearing is not a
15prerequisite to the commencement by the sanitary district of an
16action or proceeding for mandamus or injunction in the circuit
17court. The court shall specify a time, not exceeding 20 days
18after the service of a copy of the petition, in which the party
19complained of must answer the petition, and in the meantime,
20the party may be restrained. In case of default in answer or
21after answer, the court shall immediately inquire into the
22facts and circumstances of the case and enter an appropriate
23judgment order in respect to the matters complained of. An
24appeal may be taken from the final judgment in the same manner
25and with the same effect as appeals are taken from judgment of
26the circuit court in other actions for mandamus or injunction.

 

 

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1    (h) Whenever the sanitary district commences an action
2under subsection (f) of this Section, the court shall assess a
3civil penalty of not less than $1,000 nor more than $10,000 for
4each day the person violates the board of trustee's order.
5Whenever the sanitary district commences an action under
6subsection (g) of this Section, the court shall assess a civil
7penalty of not less than $1,000 nor more than $10,000 for each
8day the person violates the ordinance. Each day's continuance
9of the violation is a separate offense. The penalties provided
10in this Section plus interest at the rate set forth in the
11Interest Act on unpaid penalties, costs, and fees, imposed by
12the board of trustees under subsection (d); the reasonable
13costs to the sanitary district of removal or other remedial
14action caused by discharges in violation of this Act;
15reasonable attorney's fees; court costs; other expenses of
16litigation; and costs for inspection, sampling, analysis, and
17administration related to the enforcement action against the
18offending party are recoverable by the sanitary district in a
19civil action.
20    (i) The board of trustees may establish fees for late
21filing of reports with the sanitary district required by an
22ordinance governing discharges. The sanitary district shall
23provide by certified mail a written notice of the fee
24assessment that states the person has 30 days after the receipt
25of the notice to request a conference with the executive
26director's designee to discuss or dispute the appropriateness

 

 

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1of the assessed fee. Unless a person objects to paying the fee
2for filing a report late by timely requesting in writing a
3conference with a designee of the executive director, that
4person waives his or her right to a conference and the sanitary
5district may impose a lien recorded against the property of the
6person for the amount of the unpaid fee.
7    If a person requests a conference and the matter is not
8resolved at the conference, the person subject to the fee may
9request an administrative hearing before an impartial hearing
10officer appointed under subsection (d) to determine the
11person's liability for and the amount of the fee. If the
12hearing officer finds that the late filing fees are owed to the
13sanitary district, the sanitary district shall notify the
14responsible person or persons of the hearing officer's
15decision. If payment is not made within 30 days after the
16notice, the sanitary district may impose a lien on the property
17of the person or persons.
18    Any liens filed under this subsection shall apply only to
19the property to which the late filing fees are related. A claim
20for lien shall be filed in the office of the recorder of the
21county in which the property is located. The filing of a claim
22for lien by the sanitary district does not prevent the sanitary
23district from pursuing other means for collecting late filing
24fees. If a claim for lien is filed, the sanitary district shall
25notify the person whose property is subject to the lien, and
26the person may challenge the lien by filing an action in the

 

 

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1circuit court. The action shall be filed within 90 days after
2the person receives the notice of the filing of the claim for
3lien. The court shall hear evidence concerning the underlying
4reasons for the lien only if an administrative hearing has not
5been held under this subsection.
6    (j) To be effective service under this Section, a demand or
7order sent by certified or registered mail to the last known
8address need not be received by the offending party. Service of
9the demand or order by registered or certified mail shall be
10deemed effective upon deposit in the United States mail with
11proper postage prepaid and addressed as provided in this
12Section.
13    (k) The provisions of the Administrative Review Law and all
14amendments and rules adopted pursuant to that Law apply to and
15govern all proceedings for the judicial review of final
16administrative decisions of the board of trustees in the
17enforcement of any ordinance, rule, or regulation adopted under
18this Act. The cost of preparing the record on appeal shall be
19paid by the person seeking a review of an order or action
20pursuant to the Administrative Review Law.
21    (l) The provisions of this Section are severable under
22Section 1.31 of the Statute on Statutes.
 
23    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
24    Sec. 11. Except as otherwise provided in this Section, all
25contracts for purchases or sales by the municipality, the

 

 

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1expense of which will exceed the mandatory competitive bid
2threshold, shall be let to the lowest responsible bidder
3therefor upon not less than 14 days' public notice of the terms
4and conditions upon which the contract is to be let, having
5been given by publication in a newspaper of general circulation
6published in the district, and the board may reject any and all
7bids and readvertise. In determining the lowest responsible
8bidder, the board shall take into consideration the qualities
9and serviceability of the articles supplied, their conformity
10with specifications, their suitability to the requirements of
11the district, the availability of support services, the
12uniqueness of the service, materials, equipment, or supplies as
13it applies to network integrated computer systems, the
14compatibility of the service, materials, equipment or supplies
15with existing equipment, and the delivery terms. Contracts for
16services in excess of the mandatory competitive bid threshold
17may, subject to the provisions of this Section, be let by
18competitive bidding at the discretion of the district board of
19trustees. All contracts for purchases or sales that will not
20exceed the mandatory competitive bid threshold may be made in
21the open market without publication in a newspaper as above
22provided, but whenever practical shall be based on at least 3
23competitive bids. For purposes of this Section, the "mandatory
24competitive bid threshold" is a dollar amount equal to 0.1% of
25the total general fixed assets of the district as reported in
26the most recent required audit report. In no event, however,

 

 

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1shall the mandatory competitive bid threshold dollar amount be
2less than $10,000, nor more than $40,000.
3    Cash, a cashier's check, a certified check, or a bid bond
4with adequate surety approved by the board of trustees as a
5deposit of good faith, in a reasonable amount, but not in
6excess of 10% of the contract amount, may be required of each
7bidder by the district on all bids involving amounts in excess
8of the mandatory competitive bid threshold and, if so required,
9the advertisement for bids shall so specify.
10    Contracts which by their nature are not adapted to award by
11competitive bidding, including, without limitation, contracts
12for the services of individuals, groups or firms possessing a
13high degree of professional skill where the ability or fitness
14of the individual or organization plays an important part,
15contracts for financial management services undertaken
16pursuant to "An Act relating to certain investments of public
17funds by public agencies", approved July 23, 1943, as now or
18hereafter amended, contracts for the purchase or sale of
19utilities, contracts for commodities including supply
20contracts for natural gas and electricity, contracts for
21materials economically procurable only from a single source of
22supply, contracts for services, supplies, materials, parts, or
23equipment which are available only from a single source or
24contracts for maintenance, repairs, OEM supplies, or OEM parts
25from the manufacturer or from a source authorized by the
26manufacturer, contracts for the use, purchase, delivery,

 

 

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1movement, or installation of data processing equipment,
2software, or services and telecommunications and interconnect
3equipment, software, or services, contracts for duplicating
4machines and supplies, contracts for goods or services procured
5from another governmental agency, purchases of equipment
6previously owned by an entity other than the district itself,
7purchases of used equipment, purchases at auction or similar
8transactions which by their very nature are not suitable to
9competitive bids, and leases of real property where the
10sanitary district is the lessee shall not be subject to the
11competitive bidding requirements of this Section.
12    The District may use a design-build procurement method for
13any public project which shall not be subject to the
14competitive bidding requirements of this Section provided the
15Board of Trustees approves the contract for the public project
16by a vote of 4 of the 5 trustees. For the purposes of this
17Section, "design-build" means a delivery system that provides
18responsibility within a single contract for the furnishing of
19architecture, engineering, land surveying and related services
20as required, and the labor, materials, equipment, and other
21construction services for the project.
22    In the case of an emergency affecting the public health or
23safety so declared by the Board of Trustees of the municipality
24at a meeting thereof duly convened, which declaration shall
25require the affirmative vote of four of the five Trustees, and
26shall set forth the nature of the danger to the public health

 

 

SB1854- 23 -LRB099 11056 AWJ 31443 b

1or safety, contracts totaling not more than the emergency
2contract cap may be let to the extent necessary to resolve such
3emergency without public advertisement or competitive bidding.
4For purposes of this Section, the dollar amount of an emergency
5contract shall not be less than $40,000, nor more than
6$350,000. The Resolution or Ordinance in which such declaration
7is embodied shall fix the date upon which such emergency shall
8terminate which date may be extended or abridged by the Board
9of Trustees as in their judgment the circumstances require. A
10full written account of any such emergency, together with a
11requisition for the materials, supplies, labor or equipment
12required therefor shall be submitted immediately upon
13completion and shall be open to public inspection for a period
14of at least one year subsequent to the date of such emergency
15purchase. Within 30 days after the passage of the resolution or
16ordinance declaring an emergency affecting the public health or
17safety, the municipality shall submit to the Illinois
18Environmental Protection Agency the full written account of any
19such emergency along with a copy of the resolution or ordinance
20declaring the emergency, in accordance with requirements as may
21be provided by rule.
22    To address operating emergencies not affecting the public
23health or safety, the Board of Trustees shall authorize, in
24writing, officials or employees of the sanitary district to
25purchase in the open market and without advertisement any
26supplies, materials, equipment, or services for immediate

 

 

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1delivery to meet the bona fide operating emergency, without
2filing a requisition or estimate therefor, in an amount not in
3excess of $100,000; provided that the Board of Trustees must be
4notified of the operating emergency. A full, written account of
5each operating emergency and a requisition for the materials,
6supplies, equipment, and services required to meet the
7operating emergency must be immediately submitted by the
8officials or employees authorized to make purchases to the
9Board of Trustees. The account must be available for public
10inspection for a period of at least one year after the date of
11the operating emergency purchase. The exercise of authority
12with respect to purchases for a bona fide operating emergency
13is not dependent on a declaration of an operating emergency by
14the Board of Trustees.
15    The competitive bidding requirements of this Section do not
16apply to contracts, including contracts for both materials and
17services incidental thereto, for the repair or replacement of a
18sanitary district's treatment plant, sewers, equipment, or
19facilities damaged or destroyed as the result of a sudden or
20unexpected occurrence, including, but not limited to, a flood,
21fire, tornado, earthquake, storm, or other natural or man-made
22disaster, if the board of trustees determines in writing that
23the awarding of those contracts without competitive bidding is
24reasonably necessary for the sanitary district to maintain
25compliance with a permit issued under the National Pollution
26Discharge Elimination System (NPDES) or any successor system or

 

 

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1with any outstanding order relating to that compliance issued
2by the United States Environmental Protection Agency, the
3Illinois Environmental Protection Agency, or the Illinois
4Pollution Control Board. The authority to issue contracts
5without competitive bidding pursuant to this paragraph expires
66 months after the date of the writing determining that the
7awarding of contracts without competitive bidding is
8reasonably necessary.
9    No Trustee shall be interested, directly or indirectly, in
10any contract, work or business of the municipality, or in the
11sale of any article, whenever the expense, price or
12consideration of the contract work, business or sale is paid
13either from the treasury or by any assessment levied by any
14Statute or Ordinance. No Trustee shall be interested, directly
15or indirectly, in the purchase of any property which (1)
16belongs to the municipality, or (2) is sold for taxes or
17assessments of the municipality, or (3) is sold by virtue of
18legal process in the suit of the municipality.
19    A contract for any work or other public improvement, to be
20paid for in whole or in part by special assessment or special
21taxation, shall be entered into and the performance thereof
22controlled by the provisions of Division 2 of Article 9 of the
23"Illinois Municipal Code", approved May 29, 1961, as heretofore
24or hereafter amended, as near as may be. However, contracts may
25be let for making proper and suitable connections between the
26mains and outlets of the respective sanitary sewers in the

 

 

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1district with any conduit, conduits, main pipe or pipes that
2may be constructed by such sanitary district.
3(Source: P.A. 98-162, eff. 8-2-13.)
 
4    (70 ILCS 2305/18.5 new)
5    Sec. 18.5. Contracts. The sanitary district may enter into
6contracts with municipalities or other parties outside the
7sanitary district that may request service from the sanitary
8district at higher rates than the existing rates for like
9consumers within the sanitary district to allow the sanitary
10district to obtain a fair return to cover the costs of
11financing, constructing, operating, and maintaining its
12facilities. In the event that thereafter such rates are not
13agreed upon by the parties or are not otherwise provided for by
14contract, such rates shall be fixed and determined by the
15circuit court of Lake County after a petition has been filed
16with that court.
 
17    (70 ILCS 2305/31 new)
18    Sec. 31. Resource recovery.
19    (a) As used in this Section:
20    "Recovered resources" means any material produced by or
21extracted from the operation of sanitary district facilities,
22including, but not limited to:
23        (1) solids, including solids from the digestion
24    process, semi-solids, or liquid materials;

 

 

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1        (2) gases, including biogas, carbon dioxide, and
2    methane;
3        (3) nutrients;
4        (4) algae;
5        (5) treated effluent; and
6        (6) thermal energy or hydropower.
7    "Renewable energy facility" shall have the same meaning as
8a facility defined under Section 5 of the Renewable Energy
9Production District Act.
10    "Renewable energy resources" means resources as defined
11under Section 1-10 of the Illinois Power Agency Act.
12    "Resource recovery" means the recovery of material or
13energy from waste as defined under Section 3.435 of the
14Environmental Protection Act.
15    (b) The General Assembly finds that:
16        (1) technological advancements in wastewater treatment
17    have resulted in the ability to capture recovered resources
18    and produce renewable energy resources from material
19    previously discarded;
20        (2) the capture and beneficial reuse of recovered
21    resources and the production of renewable energy resources
22    serve a wide variety of environmental benefits including,
23    but not limited to, improved water quality, reduction of
24    greenhouse gases, reduction of carbon footprint, reduction
25    of landfill usage, reduced usage of hydrocarbon-based
26    fuels, return of nutrients to the food cycle, and reduced

 

 

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1    water consumption;
2        (3) the sanitary district is a leader in the field of
3    wastewater treatment and possesses the expertise and
4    experience necessary to capture and beneficially reuse or
5    prepare for beneficial reuse recovered resources,
6    including renewable energy resources; and
7        (4) the sanitary district has the opportunity and
8    ability to change the approach to wastewater treatment from
9    that of a waste material to be disposed of to one of a
10    collection of resources to be recovered, reused, and sold,
11    with the opportunity to provide the sanitary district with
12    additional sources of revenue and reduce operating costs.
13    (c) The sanitary district may sell or otherwise dispose of
14recovered resources or renewable energy resources resulting
15from the operation of sanitary district facilities, and may
16construct, maintain, finance, and operate such activities,
17facilities, and other works as are necessary for that purpose.
18    (d) The sanitary district may take in materials which are
19used in the generation of usable products from recovered
20resources, or which increase the production of renewable energy
21resources, including but not limited to food waste, organic
22fraction of solid waste, commercial or industrial organic
23wastes, fats, oils, greases, and vegetable debris.
24    (e) The authorizations granted to the sanitary district
25under this Section shall not be construed as modifying or
26limiting any other law or regulation. Any actions taken

 

 

SB1854- 29 -LRB099 11056 AWJ 31443 b

1pursuant to the authorities granted in this Section must be in
2compliance with all applicable laws and regulations,
3including, but not limited to, the Environmental Protection
4Act, and rules adopted under that Act.
 
5    Section 15. The Sanitary District Act of 1917 is amended by
6changing Section 17.1 as follows:
 
7    (70 ILCS 2405/17.1)  (from Ch. 42, par. 316.1)
8    Sec. 17.1. Acquiring district or municipal treatment
9works.
10    (a) After incorporation, any district organized under this
11Act may, in accordance with this Act and an intergovernmental
12agreement with the sanitary district being acquired or the
13municipality from whom the treatment works and lines are to be
14acquired, acquire the territory, treatment works, lines,
15appurtenances, and other property of (i) any sanitary district
16organized under this Act, the Sanitary District Act of 1907,
17the North Shore Water Reclamation Sanitary District Act, the
18Sanitary District Act of 1936, or the Metro-East Sanitary
19District Act of 1974 or (ii) any municipality whose treatment
20works were established under the Illinois Municipal Code or the
21Municipal Wastewater Disposal Zones Act, regardless of whether
22that district or municipality is contiguous to the acquiring
23sanitary district. The distance between the sanitary district
24being acquired or municipality and the acquiring sanitary

 

 

SB1854- 30 -LRB099 11056 AWJ 31443 b

1district, however, as measured between the points on their
2corporate boundaries that are nearest to each other, shall not
3exceed 20 miles. In the case of a municipality, only that
4property used by the municipality for transport, treatment, and
5discharge of wastewater and for disposal of sewage sludge shall
6be transferred to the acquiring sanitary district.
7    (b) The board of trustees of the sanitary district being
8acquired, or the corporate authorities of a municipality whose
9treatment works is being acquired, shall, jointly with the
10board of trustees of the acquiring sanitary district, petition
11the circuit court of the county containing all or the larger
12portion of the sanitary district being acquired or the
13municipality to permit the acquisition. The petition shall show
14the following:
15        (1) The reason for the acquisition.
16        (2) That there are no debts of the sanitary district
17    being acquired or municipality outstanding, or that there
18    are sufficient funds on hand or available to satisfy those
19    debts.
20        (3) That no contract or federal or State permit or
21    grant will be impaired by the acquisition.
22        (4) That all assets and responsibilities of the
23    sanitary district being acquired or municipality, as they
24    relate to wastewater treatment, have been properly
25    assigned to the acquiring sanitary district.
26        (5) That the acquiring sanitary district will pay any

 

 

SB1854- 31 -LRB099 11056 AWJ 31443 b

1    court costs incurred in connection with the petition.
2        (6) The boundaries of the acquired sanitary district or
3    municipality as of the date of the petition.
4    (c) Upon adequate notice, including appropriate notice to
5the Illinois Environmental Protection Agency, the circuit
6court shall hold a hearing to determine whether there is good
7cause for the acquisition by the acquiring district and whether
8the allegations of the petition are true. If the court finds
9that there is good cause and that the allegations are true, it
10shall order the acquisition to proceed. If the court finds that
11there is not good cause for the acquisition or that the
12allegations of the petition are not true, the court shall
13dismiss the petition. In either event, the costs shall be taxed
14against the acquiring sanitary district. The order shall be
15final. Separate or joint appeals may be taken by any party
16affected by the order as in other civil cases.
17    (d) If the court orders the acquisition contemplated in the
18petition, there shall be no further appointments of trustees if
19the acquired agency is a sanitary district. The trustees of the
20acquired sanitary district acting at the time of the order
21shall close up the business affairs of the sanitary district
22and make the necessary conveyances of title to the sanitary
23district property in accordance with the intergovernmental
24agreement between the acquiring and acquired sanitary
25districts. In the case of a municipality, the governing body of
26the municipality shall make the necessary conveyances of title

 

 

SB1854- 32 -LRB099 11056 AWJ 31443 b

1to municipal property to the acquiring sanitary district in
2accordance with the intergovernmental agreement between the
3municipality and the acquiring sanitary district. The
4acquiring sanitary district's ordinances take effect in the
5acquired territory upon entry of the order.
6    (e) The acquisition of any sanitary district by another
7sanitary district or the acquisition of a treatment works from
8a municipality by another sanitary district shall not affect
9the obligation of any bonds issued or contracts entered into by
10the acquired sanitary district or the municipality, nor
11invalidate the levy, extension, or collection of any taxes or
12special assessments upon a property in the acquired sanitary
13district, but all those bonds and contracts shall be
14discharged. The general obligation indebtedness of the
15acquired sanitary district shall be paid from the proceeds of
16continuing taxes and special assessments as provided in this
17Act.
18    All money remaining after the business affairs of the
19acquired sanitary district or acquired treatment works of the
20municipality have been closed up and all debts and obligations
21of the entities paid shall be paid to the acquiring sanitary
22district in accordance with the intergovernmental agreement
23between the parties.
24    (f) The board of trustees of the acquiring sanitary
25district required to provide sewer service under this Act may
26levy and collect, for that purpose, a tax on the taxable

 

 

SB1854- 33 -LRB099 11056 AWJ 31443 b

1property within that district. The aggregate amount of the tax
2shall be as provided in this Act.
3    (g) Any intergovernmental agreement entered into by the
4parties under this Section shall provide for the imposition or
5continuance of a user charge system in accordance with the
6acquiring district's ordinance, the Illinois Environmental
7Protection Act, and the federal Clean Water Act.
8    (h) All courts shall take judicial notice of the
9acquisition of the sanitary district being acquired or
10municipal treatment works by the acquiring sanitary district.
11(Source: P.A. 87-1060.)
 
12    Section 20. The Eminent Domain Act is amended by changing
13Section 15-5-15 as follows:
 
14    (735 ILCS 30/15-5-15)
15    Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
16through 75. The following provisions of law may include express
17grants of the power to acquire property by condemnation or
18eminent domain:
 
19(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
20    authorities; for public airport facilities.
21(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
22    authorities; for removal of airport hazards.
23(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

 

 

SB1854- 34 -LRB099 11056 AWJ 31443 b

1    authorities; for reduction of the height of objects or
2    structures.
3(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
4    airport authorities; for general purposes.
5(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
6    Act; Kankakee River Valley Area Airport Authority; for
7    acquisition of land for airports.
8(70 ILCS 200/2-20); Civic Center Code; civic center
9    authorities; for grounds, centers, buildings, and parking.
10(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
13    Exposition, Auditorium and Office Building Authority; for
14    grounds, centers, buildings, and parking.
15(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
16    Authority; for grounds, centers, buildings, and parking.
17(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
18    Center Authority; for grounds, centers, buildings, and
19    parking.
20(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
21    District Civic Center Authority; for grounds, centers,
22    buildings, and parking.
23(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
26    Center Authority; for grounds, centers, buildings, and

 

 

SB1854- 35 -LRB099 11056 AWJ 31443 b

1    parking.
2(70 ILCS 200/60-30); Civic Center Code; Collinsville
3    Metropolitan Exposition, Auditorium and Office Building
4    Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
6    Center Authority; for grounds, centers, buildings, and
7    parking.
8(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
9    Exposition, Auditorium and Office Building Authority; for
10    grounds, centers, buildings, and parking.
11(70 ILCS 200/80-15); Civic Center Code; DuPage County
12    Metropolitan Exposition, Auditorium and Office Building
13    Authority; for grounds, centers, buildings, and parking.
14(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
15    Exposition, Auditorium and Office Building Authority; for
16    grounds, centers, buildings, and parking.
17(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
18    Exposition, Auditorium and Office Building Authority; for
19    grounds, centers, buildings, and parking.
20(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
21    Center Authority; for grounds, centers, buildings, and
22    parking.
23(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
24    Center Authority; for grounds, centers, buildings, and
25    parking.
26(70 ILCS 200/120-25); Civic Center Code; Jefferson County

 

 

SB1854- 36 -LRB099 11056 AWJ 31443 b

1    Metropolitan Exposition, Auditorium and Office Building
2    Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
4    Civic Center Authority; for grounds, centers, buildings,
5    and parking.
6(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
7    Metropolitan Exposition, Auditorium and Office Building
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
10    Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
12    Center Authority; for grounds, centers, buildings, and
13    parking.
14(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
15    Civic Center Authority; for grounds, centers, buildings,
16    and parking.
17(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
18    Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/165-35); Civic Center Code; Melrose Park
20    Metropolitan Exposition Auditorium and Office Building
21    Authority; for grounds, centers, buildings, and parking.
22(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
23    Exposition, Auditorium and Office Building Authorities;
24    for general purposes.
25(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
26    Authority; for grounds, centers, buildings, and parking.

 

 

SB1854- 37 -LRB099 11056 AWJ 31443 b

1(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
2    Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
4    Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
6    Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
8    Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
10    Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
12    Civic Center Authority; for grounds, centers, buildings,
13    and parking.
14(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
15    Exposition, Auditorium and Office Building Authority; for
16    grounds, centers, buildings, and parking.
17(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
18    Center Authority; for grounds, centers, buildings, and
19    parking.
20(70 ILCS 200/230-35); Civic Center Code; River Forest
21    Metropolitan Exposition, Auditorium and Office Building
22    Authority; for grounds, centers, buildings, and parking.
23(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
24    Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
26    Authority; for grounds, centers, buildings, and parking.

 

 

SB1854- 38 -LRB099 11056 AWJ 31443 b

1(70 ILCS 200/255-20); Civic Center Code; Springfield
2    Metropolitan Exposition and Auditorium Authority; for
3    grounds, centers, and parking.
4(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
5    Exposition, Auditorium and Office Building Authority; for
6    grounds, centers, buildings, and parking.
7(70 ILCS 200/265-20); Civic Center Code; Vermilion County
8    Metropolitan Exposition, Auditorium and Office Building
9    Authority; for grounds, centers, buildings, and parking.
10(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
11    Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
13    Center Authority; for grounds, centers, buildings, and
14    parking.
15(70 ILCS 200/280-20); Civic Center Code; Will County
16    Metropolitan Exposition and Auditorium Authority; for
17    grounds, centers, and parking.
18(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
19    Act; Metropolitan Pier and Exposition Authority; for
20    general purposes, including quick-take power.
21(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
22    soil and water conservation districts; for general
23    purposes.
24(70 ILCS 410/10 and 410/12); Conservation District Act;
25    conservation districts; for open space, wildland, scenic
26    roadway, pathway, outdoor recreation, or other

 

 

SB1854- 39 -LRB099 11056 AWJ 31443 b

1    conservation benefits.
2(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
3    Redevelopment Commission Act; Chanute-Rantoul National
4    Aviation Center Redevelopment Commission; for general
5    purposes.
6(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
7    Fort Sheridan Redevelopment Commission; for general
8    purposes or to carry out comprehensive or redevelopment
9    plans.
10(70 ILCS 520/8); Southwestern Illinois Development Authority
11    Act; Southwestern Illinois Development Authority; for
12    general purposes, including quick-take power.
13(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
14    drainage districts; for general purposes.
15(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
16    corporate authorities; for construction and maintenance of
17    works.
18(70 ILCS 705/10); Fire Protection District Act; fire protection
19    districts; for general purposes.
20(70 ILCS 750/20); Flood Prevention District Act; flood
21    prevention districts; for general purposes.
22(70 ILCS 805/6); Downstate Forest Preserve District Act;
23    certain forest preserve districts; for general purposes.
24(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
25    certain forest preserve districts; for recreational and
26    cultural facilities.

 

 

SB1854- 40 -LRB099 11056 AWJ 31443 b

1(70 ILCS 810/8); Cook County Forest Preserve District Act;
2    Forest Preserve District of Cook County; for general
3    purposes.
4(70 ILCS 810/38); Cook County Forest Preserve District Act;
5    Forest Preserve District of Cook County; for recreational
6    facilities.
7(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
8    districts; for hospitals or hospital facilities.
9(70 ILCS 915/3); Illinois Medical District Act; Illinois
10    Medical District Commission; for general purposes.
11(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
12    Medical District Commission; quick-take power for the
13    Illinois State Police Forensic Science Laboratory
14    (obsolete).
15(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
16    tuberculosis sanitarium districts; for tuberculosis
17    sanitariums.
18(70 ILCS 925/20); Mid-Illinois Medical District Act;
19    Mid-Illinois Medical District; for general purposes.
20(70 ILCS 930/20); Mid-America Medical District Act;
21    Mid-America Medical District Commission; for general
22    purposes.
23(70 ILCS 935/20); Roseland Community Medical District Act;
24    medical district; for general purposes.
25(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
26    abatement districts; for general purposes.

 

 

SB1854- 41 -LRB099 11056 AWJ 31443 b

1(70 ILCS 1105/8); Museum District Act; museum districts; for
2    general purposes.
3(70 ILCS 1205/7-1); Park District Code; park districts; for
4    streets and other purposes.
5(70 ILCS 1205/8-1); Park District Code; park districts; for
6    parks.
7(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
8    districts; for airports and landing fields.
9(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
10    districts; for State land abutting public water and certain
11    access rights.
12(70 ILCS 1205/11.1-3); Park District Code; park districts; for
13    harbors.
14(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
15    park districts; for street widening.
16(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
17    Act; park districts; for parks, boulevards, driveways,
18    parkways, viaducts, bridges, or tunnels.
19(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
20    park districts; for boulevards or driveways.
21(70 ILCS 1290/1); Park District Aquarium and Museum Act;
22    municipalities or park districts; for aquariums or
23    museums.
24(70 ILCS 1305/2); Park District Airport Zoning Act; park
25    districts; for restriction of the height of structures.
26(70 ILCS 1310/5); Park District Elevated Highway Act; park

 

 

SB1854- 42 -LRB099 11056 AWJ 31443 b

1    districts; for elevated highways.
2(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
3    District; for parks and other purposes.
4(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
5    District; for parking lots or garages.
6(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
7    District; for harbors.
8(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
9    Act; Lincoln Park Commissioners; for land and interests in
10    land, including riparian rights.
11(70 ILCS 1801/30); Alexander-Cairo Port District Act;
12    Alexander-Cairo Port District; for general purposes.
13(70 ILCS 1805/8); Havana Regional Port District Act; Havana
14    Regional Port District; for general purposes.
15(70 ILCS 1810/7); Illinois International Port District Act;
16    Illinois International Port District; for general
17    purposes.
18(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
19    Illinois Valley Regional Port District; for general
20    purposes.
21(70 ILCS 1820/4); Jackson-Union Counties Regional Port
22    District Act; Jackson-Union Counties Regional Port
23    District; for removal of airport hazards or reduction of
24    the height of objects or structures.
25(70 ILCS 1820/5); Jackson-Union Counties Regional Port
26    District Act; Jackson-Union Counties Regional Port

 

 

SB1854- 43 -LRB099 11056 AWJ 31443 b

1    District; for general purposes.
2(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
3    Regional Port District; for removal of airport hazards.
4(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
5    Regional Port District; for reduction of the height of
6    objects or structures.
7(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
8    Regional Port District; for removal of hazards from ports
9    and terminals.
10(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
11    Regional Port District; for general purposes.
12(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
13    Kaskaskia Regional Port District; for removal of hazards
14    from ports and terminals.
15(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
16    Kaskaskia Regional Port District; for general purposes.
17(70 ILCS 1831/30); Massac-Metropolis Port District Act;
18    Massac-Metropolis Port District; for general purposes.
19(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
20    Carmel Regional Port District; for removal of airport
21    hazards.
22(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
23    Carmel Regional Port District; for reduction of the height
24    of objects or structures.
25(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
26    Carmel Regional Port District; for general purposes.

 

 

SB1854- 44 -LRB099 11056 AWJ 31443 b

1(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
2    District; for general purposes.
3(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
4    Regional Port District; for removal of airport hazards.
5(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
6    Regional Port District; for reduction of the height of
7    objects or structures.
8(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
9    Regional Port District; for general purposes.
10(70 ILCS 1850/4); Shawneetown Regional Port District Act;
11    Shawneetown Regional Port District; for removal of airport
12    hazards or reduction of the height of objects or
13    structures.
14(70 ILCS 1850/5); Shawneetown Regional Port District Act;
15    Shawneetown Regional Port District; for general purposes.
16(70 ILCS 1855/4); Southwest Regional Port District Act;
17    Southwest Regional Port District; for removal of airport
18    hazards or reduction of the height of objects or
19    structures.
20(70 ILCS 1855/5); Southwest Regional Port District Act;
21    Southwest Regional Port District; for general purposes.
22(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
23    Regional Port District; for removal of airport hazards.
24(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
25    Regional Port District; for the development of facilities.
26(70 ILCS 1863/11); Upper Mississippi River International Port

 

 

SB1854- 45 -LRB099 11056 AWJ 31443 b

1    District Act; Upper Mississippi River International Port
2    District; for general purposes.
3(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
4    District; for removal of airport hazards.
5(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
6    District; for restricting the height of objects or
7    structures.
8(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
9    District; for the development of facilities.
10(70 ILCS 1870/8); White County Port District Act; White County
11    Port District; for the development of facilities.
12(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
13    Terminal Authority (Chicago); for general purposes.
14(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
15    Act; Grand Avenue Railroad Relocation Authority; for
16    general purposes, including quick-take power (now
17    obsolete).
18(70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
19    Elmwood Park Grade Separation Authority; for general
20    purposes.
21(70 ILCS 2105/9b); River Conservancy Districts Act; river
22    conservancy districts; for general purposes.
23(70 ILCS 2105/10a); River Conservancy Districts Act; river
24    conservancy districts; for corporate purposes.
25(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
26    districts; for corporate purposes.

 

 

SB1854- 46 -LRB099 11056 AWJ 31443 b

1(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
2    districts; for improvements and works.
3(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
4    districts; for access to property.
5(70 ILCS 2305/8); North Shore Water Reclamation Sanitary
6    District Act; North Shore Water Reclamation Sanitary
7    District; for corporate purposes.
8(70 ILCS 2305/15); North Shore Water Reclamation Sanitary
9    District Act; North Shore Water Reclamation Sanitary
10    District; for improvements.
11(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
12    District of Decatur; for carrying out agreements to sell,
13    convey, or disburse treated wastewater to a private entity.
14(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
15    districts; for corporate purposes.
16(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
17    districts; for improvements.
18(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
19    1917; sanitary districts; for waterworks.
20(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
21    districts; for public sewer and water utility treatment
22    works.
23(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
24    districts; for dams or other structures to regulate water
25    flow.
26(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

 

 

SB1854- 47 -LRB099 11056 AWJ 31443 b

1    Metropolitan Water Reclamation District; for corporate
2    purposes.
3(70 ILCS 2605/16); Metropolitan Water Reclamation District
4    Act; Metropolitan Water Reclamation District; quick-take
5    power for improvements.
6(70 ILCS 2605/17); Metropolitan Water Reclamation District
7    Act; Metropolitan Water Reclamation District; for bridges.
8(70 ILCS 2605/35); Metropolitan Water Reclamation District
9    Act; Metropolitan Water Reclamation District; for widening
10    and deepening a navigable stream.
11(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
12    districts; for corporate purposes.
13(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
14    districts; for improvements.
15(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
16    sanitary districts; for drainage systems.
17(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
18    districts; for dams or other structures to regulate water
19    flow.
20(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
21    districts; for water supply.
22(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
23    districts; for waterworks.
24(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
25    Metro-East Sanitary District; for corporate purposes.
26(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;

 

 

SB1854- 48 -LRB099 11056 AWJ 31443 b

1    Metro-East Sanitary District; for access to property.
2(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
3    districts; for sewerage systems.
4(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
5    Illinois Sports Facilities Authority; quick-take power for
6    its corporate purposes (obsolete).
7(70 ILCS 3405/16); Surface Water Protection District Act;
8    surface water protection districts; for corporate
9    purposes.
10(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
11    Transit Authority; for transportation systems.
12(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
13    Transit Authority; for general purposes.
14(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
15    Transit Authority; for general purposes, including
16    railroad property.
17(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
18    local mass transit districts; for general purposes.
19(70 ILCS 3615/2.13); Regional Transportation Authority Act;
20    Regional Transportation Authority; for general purposes.
21(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
22    water districts; for waterworks.
23(70 ILCS 3705/23a); Public Water District Act; public water
24    districts; for sewerage properties.
25(70 ILCS 3705/23e); Public Water District Act; public water
26    districts; for combined waterworks and sewerage systems.

 

 

SB1854- 49 -LRB099 11056 AWJ 31443 b

1(70 ILCS 3715/6); Water Authorities Act; water authorities; for
2    facilities to ensure adequate water supply.
3(70 ILCS 3715/27); Water Authorities Act; water authorities;
4    for access to property.
5(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
6    trustees; for library buildings.
7(75 ILCS 16/30-55.80); Public Library District Act of 1991;
8    public library districts; for general purposes.
9(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
10    authorities of city or park district, or board of park
11    commissioners; for free public library buildings.
12(Source: P.A. 97-333, eff. 8-12-11; 97-813, eff. 7-13-12;
13incorporates 98-564, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

SB1854- 50 -LRB099 11056 AWJ 31443 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 460/10
4    70 ILCS 2305/Act title
5    70 ILCS 2305/0.1from Ch. 42, par. 276.99
6    70 ILCS 2305/0.5 new
7    70 ILCS 2305/4from Ch. 42, par. 280
8    70 ILCS 2305/7.6 new
9    70 ILCS 2305/7.7 new
10    70 ILCS 2305/11from Ch. 42, par. 287
11    70 ILCS 2305/18.5 new
12    70 ILCS 2305/31 new
13    70 ILCS 2405/17.1from Ch. 42, par. 316.1
14    735 ILCS 30/15-5-15