Illinois General Assembly - Full Text of SB2628
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Full Text of SB2628  103rd General Assembly

SB2628 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2628

 

Introduced 10/26/2023, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
615 ILCS 5/40 new

    Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing a development within special flood hazard area shall inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are responsible for regulating or permitting a development within special flood hazard areas to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements.


LRB103 34926 MXP 64803 b

 

 

A BILL FOR

 

SB2628LRB103 34926 MXP 64803 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rivers, Lakes, and Streams Act is amended
5by adding Section 40 as follows:
 
6    (615 ILCS 5/40 new)
7    Sec. 40. National Flood Insurance Program requirements.
8    (a) As used in this Section:
9    "Critical facility" means any facility which is critical
10to the health and welfare of the population and, if flooded,
11would create an added dimension to the disaster. Damage to
12these critical facilities can impact the delivery of vital
13services, can cause greater damage to other sectors of the
14community, or can put special populations at risk. The
15determination of "critical facility" shall be made by each
16agency.
17    "Department" means the Illinois Department of Natural
18Resources.
19    "Development" or "developed" means the placement or
20erection of structures, buildings, or earthworks, land
21filling, excavation, or other alteration of the ground
22surface, installation of public utilities, channel
23modification, or storage of materials or any other activity

 

 

SB2628- 2 -LRB103 34926 MXP 64803 b

1undertaken to modify the existing physical features of a
2floodplain.
3    "Flood protection elevation" means one foot above the
4applicable base flood or 100-year frequency flood elevation.
5    "Special flood hazard area" or "floodplain" means an area
6subject to inundation by the base flood or the flood have a 1%
7probability of being equaled or exceeded in any given year.
8The floodplains are generally shown on the most current
9effective Flood Insurance Rate Map published by the Federal
10Emergency Management Agency.
11    "State agencies" means any department, commission, board,
12or agency under the jurisdiction of the Governor, any board,
13commission, agency, or authority which has a majority of its
14members appointed by the Governor, and the Governor's Office.
15    (b) All State agencies engaged in any development within a
16special flood hazard area shall comply with all requirements
17of applicable federal and State law.
18    (c) In addition to the requirements set forth in
19subsection (b), the following additional requirements shall
20apply to State agencies engaged in any development within a
21special flood hazard area where applicable:
22        (1) All new critical facilities shall be located
23    outside of the special flood hazard area. If this is not
24    practicable, critical facilities shall be developed with
25    the lowest floor elevation equal to or greater than the
26    0.2% annual chance flood elevation or 3 feet above the

 

 

SB2628- 3 -LRB103 34926 MXP 64803 b

1    base flood elevation, whichever is greater, or
2    structurally dry floodproofed, or, if non-residential, to
3    at least the 500-year frequency flood elevation or 3 feet
4    above the base flood elevation, whichever is greater.
5        (2) All new buildings shall be developed with the
6    lowest floor elevation equal to or greater than the flood
7    protection elevation or, if non-residential, structurally
8    dry floodproofed to at least the flood protection
9    elevation.
10        (3) Modifications, additions, repairs, or replacement
11    of existing structures may be allowed so long as the new
12    development does not obstruct flood flows or increase the
13    market value of the structure by 50%. Floodproofing
14    activities are permitted and encouraged but must comply
15    with the requirements noted above.
16        (4) State agencies that obtain new flood elevation,
17    floodway, or encroachment data developed in conjunction
18    with development or other activities covered by this
19    Section shall submit the data to the Department for its
20    review. If the flood hazard information is used in
21    determining design features or location of any State
22    development, it must first be approved by the Department.
23    (d) The Department shall adopt an administrative rule
24setting forth a program to ensure the following via the
25issuance of permits prior to any State agency development
26within a special flood hazard area:

 

 

SB2628- 4 -LRB103 34926 MXP 64803 b

1        (1) Review of all proposed development in the special
2    flood hazard area to assure compliance with the standards
3    set forth in this Section.
4        (2) Monitoring and inspecting special flood hazard
5    area development under construction to ensure compliance
6    with the standards set forth in this Section.
7        (3) Correction, to the extent reasonably practical in
8    the sole determination of the Department, of all special
9    flood hazard area development found not to be in
10    compliance with the standards set forth in this Section.
11    (e) State agencies that administer grants or loans for
12financing a development within a special flood hazard area
13shall inform participants in their programs of the existence
14and location of special flood hazard areas and of any State or
15local floodplain requirements that are in effect in such
16areas.
17    (f) State agencies that are responsible for regulating or
18permitting a development within a special flood hazard area
19shall inform participants in their programs of the existence
20and location of special flood hazard areas and of any State or
21local floodplain requirements that are in effect in such
22areas.
23    (g) State agencies that are engaged in planning programs
24or programs for the promotion of development shall inform
25participants in their programs of the existence and location
26of special flood hazard areas and of any State or local

 

 

SB2628- 5 -LRB103 34926 MXP 64803 b

1floodplain requirements in effect in such areas.
2    (h) The Department shall provide available flood hazard
3information to assist State agencies in complying with the
4requirements established by this Section.