Full Text of HB0688 102nd General Assembly
HB0688ham001 102ND GENERAL ASSEMBLY | Rep. Deanne M. Mazzochi Filed: 3/22/2021
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| 1 | | AMENDMENT TO HOUSE BILL 688
| 2 | | AMENDMENT NO. ______. Amend House Bill 688 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rivers, Lakes, and Streams Act is amended | 5 | | by adding Section 29b as follows: | 6 | | (615 ILCS 5/29b new) | 7 | | Sec. 29b. Modification of certain structures associated
| 8 | | with Graue Mill. | 9 | | (a) As used in this Section, "structure" means a dike,
| 10 | | dam, weir, barrage, or man-made public works or private
| 11 | | improvement that directs or controls stormwater, drainage,
| 12 | | flooding, or erosion within a waterway and is contained fully | 13 | | within, or is located within feet of, the historic district | 14 | | commonly known as Graue Mill and located at 3800 York Road in | 15 | | the Village of Oak Brook. | 16 | | (b) Notwithstanding any other provision of law, after |
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| 1 | | January 1, 2022 or the effective date of this amendatory Act of | 2 | | the 102nd General Assembly, whichever is later, no person, | 3 | | State agency, or unit of local government shall materially | 4 | | reduce, demolish, materially impair, or remove in whole or in | 5 | | part a structure until the performance of a study and | 6 | | submission of a report by the Graue Mill Intergovernmental | 7 | | Working Group or December 31, 2022, whichever is later. | 8 | | (c) The Graue Mill Intergovernmental Working Group is | 9 | | created. The Graue Mill Intergovernmental Working Group shall | 10 | | include the following members: | 11 | | (1) A designee by each owner of property lying within | 12 | | 50 feet of the structure. If the surrounding land is | 13 | | public space, then a designee of the unit of local | 14 | | government responsible for the repair and maintenance of | 15 | | the structure shall be appointed by the head of the unit of | 16 | | local government. | 17 | | (2)
An appointee from the DuPage County Board, to be | 18 | | selected by the County Board Chair. The County Board | 19 | | appointee shall be either: (i) an elected county board | 20 | | member in whose district the structure is located; or (ii) | 21 | | an elected county board member who has responsibilities | 22 | | for stormwater management, at the discretion of the County | 23 | | Board Chair. If no qualified elected member is willing to | 24 | | serve, then the appointment may be at the discretion of | 25 | | the County Board Chair. | 26 | | (3) An appointee by the head of any municipality that |
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| 1 | | is geographically located within 1,000 feet of the | 2 | | structure. | 3 | | (4) An appointee by any historical district that is | 4 | | geographically located within 500 feet of the structure. | 5 | | (5) As ex officio members, a representative from the | 6 | | Department of Natural Resources; the State Representative | 7 | | and State Senator encompassing the area where the | 8 | | structure is located; and a representative of the County | 9 | | Board of the next County downstream from the structure. | 10 | | (d) No structure that was built, in whole or in part, using | 11 | | funds from this State shall be demolished without first | 12 | | securing advance written approval from the State agency | 13 | | supplying the funding. If that agency no longer exists or the | 14 | | proper agency cannot be determined, then notice shall be given | 15 | | to the Governor, but only upon the approval of the State | 16 | | Representative and State Senator for the area where the | 17 | | structure is located. Nothing in this Section shall prevent | 18 | | the party responsible for a structure from engaging in | 19 | | ordinary and customary maintenance and repair of the | 20 | | structure, including dredging around the structure, so long as | 21 | | the process does not materially impair or destabilize the | 22 | | structure. | 23 | | (e) The Graue Mill Intergovernmental Working Group shall | 24 | | meet at least quarterly. It shall investigate and present | 25 | | findings on the following topics: | 26 | | (1) the historical significance of a structure in Salt |
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| 1 | | Creek within the Graue Mill historic preservation site, | 2 | | and any adverse consequences to the historical impact of | 3 | | the site if a structure in Salt Creek is impaired or | 4 | | removed; | 5 | | (2) the impact on stormwater, floodplains, and | 6 | | stormwater retention in the surrounding area as well as on | 7 | | regions downstream from the structure if the structure is | 8 | | removed; | 9 | | (3) measurements of water oxygenation in the locations | 10 | | immediately preceding and immediately following the | 11 | | structure within Salt Creek, and whether water oxygenation | 12 | | improves after overflowing the structure; | 13 | | (4) the less restrictive alternatives available to | 14 | | improve water oxygenation and protect fish and wildlife | 15 | | that do not involve removal of the structure; | 16 | | (5) the viewpoints of the Army Corps of Engineers on | 17 | | the necessity, if any, of removing or modifying the dam; | 18 | | and | 19 | | (6) the impact on property values for properties and | 20 | | homeowners' associations in the surrounding historical | 21 | | district that would be caused by removal or impairment of | 22 | | the structure. ".
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