SB2484 96TH GENERAL ASSEMBLY

LRB096 15005 JDS 29942 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2484

Introduced 10/15/2009, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Critical Facility Flood Protection Act. Supersedes Executive Order 2006-5. Sets forth certain requirements with which State agencies must comply before undertaking development in Special Flood Hazard Areas. Requires certain State agencies to take steps to ensure that development meets these requirements. Requires State agencies engaged in planning programs or programs for the promotion of development to inform program participants of the existence and location of Special Flood Hazard Areas and of any State or local floodplain requirements in effect in those areas, and to ensure that proposed developments within Special Flood Hazard Areas meet certain requirements. Requires the Office of Water Resources to provide available flood hazard information to assist each State agency in carrying out responsibilities under this Act. Requires each State agency to work with the Office of Water Resources to establish procedures to carry out this Act. Defines "critical facility", "developed", "development", "floodplain", "flood protection elevation", "Office of Water Resources", "Special Flood Hazard Area", and "State agency". Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Critical Facility Flood Protection Act.

Section 5. Legislative findings.

(a) The State of Illinois has programs for the construction of buildings, facilities, and other development projects, and it annually acquires and disposes of lands in floodplains.

(b) Federal financial assistance for the acquisition or construction of insurable structures in Special Flood Hazard Areas requires State participation in the National Flood Insurance Program.

(c) The Federal Emergency Management Agency has promulgated and adopted regulations at 44 CFR 59-79, as presently enacted or hereafter amended, that govern eligibility of State governments to participate in the National Flood Insurance Program and that require State development activities to comply with specified minimum floodplain regulation criteria.

(d) The Presidential Interagency Floodplain Management Review Committee has published recommendations to strengthen State floodplain management activities.

Section 10. Definitions. For the purposes of this Act:

"Critical facility" means a facility for which even a slight chance of flooding is too great a threat, including hospitals, fire stations, police stations, facilities where critical records are stored, and other similar facilities.

"Development" or "developed" means the placement or erection of earthworks or structures, including manufactured homes; land filling, excavation, or other alteration of the ground surface; installation of public utilities; channel modification; storage of materials; or any other activity undertaken to modify the existing physical features of a floodplain.

"Flood protection elevation" means one foot above the applicable base flood or 100-year frequency flood elevation.

"Office of Water Resources" means the Illinois Department of Natural Resources, Office of Water Resources.

"Special Flood Hazard Area" or "floodplain" means an area that is subject to inundation by the base or 100-year frequency flood and that is shown as such on the most current Flood Insurance Rate Map published by the Federal Emergency Management Agency.

"State agency" means any department, commission, board, or agency under the jurisdiction of the Governor; any board, commission, agency, or authority that has a majority of its members appointed by the Governor; and the Governor's Office.

Section 15. State agency responsibilities.

(a) Each State agency engaged in development within a Special Flood Hazard Area shall undertake the development in accordance with the requirements of this subsection (a):

(1) All development shall comply with the requirements of 92 Ill. Adm. Code 700 or 92 Ill. Adm. Code 708, whichever is applicable, as well as with the requirements of the National Flood Insurance Program at 44 CFR 59-79, as presently enacted or hereafter amended.

(2) In addition to the requirements set forth under paragraph (1) of subsection (a), the following additional requirements shall apply if applicable:

(A) All new critical facilities shall be located outside of the floodplain. If this is not practical, critical facilities shall be developed with the lowest floor elevation equal to or greater than the 500-year frequency flood elevation or structurally dry floodproofed to at least the 500-year frequency flood elevation.

(B) All new buildings shall be developed with the lowest floor elevation equal to or greater than the flood protection elevation or structurally dry floodproofed to at least the flood protection elevation.

(C) Modifications, additions, repairs or replacement of existing structures may be allowed so long as the new development does not obstruct flood flows and does not increase the floor area of the existing structure by more than 20% or increase the market value of the structure by more than 50%. Floodproofing activities are permitted and encouraged, but they must comply with the requirements of this subsection.

(b) Each State agency that administers grants or loans for financing development within Special Flood Hazard Areas shall take all steps within its authority to ensure that the development meets the requirements of this Act.

(c) Each State agency that is responsible for regulating or permitting development within Special Flood Hazard Areas shall take all steps within its authority to ensure that the development meets the requirements of this Act.

(d) Each State agency engaged in planning programs or programs for the promotion of development shall inform participants in its programs of the existence and location of Special Flood Hazard Areas and of any State or local floodplain requirements in effect in those areas, and shall ensure that proposed developments within Special Flood Hazard Areas meet the requirements of this Act.

(e) The Office of Water Resources shall provide available flood hazard information to assist each State agency in carrying out the responsibilities established by this Act. Each State agency that obtains new flood elevation, floodway, or encroachment data developed in conjunction with development or other activities covered by this Act shall submit that data to the Office of Water Resources for review. If that data is used in determining design features or location of any State development, it must be approved first by the Office of Water Resources.

(f) Each State agency shall work with the Office of Water Resources to establish procedures to effectively carry out this Act.

Section 20. Supersedes prior executive order. This Act supersedes Executive Order 2006-5, which is no longer of any force or effect.

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