Public Act 097-0916 Public Act 0916 97TH GENERAL ASSEMBLY |
Public Act 097-0916 | HB0404 Enrolled | LRB097 03918 ASK 43957 b |
|
| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The State Employee Housing Act is amended by | changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35 | as follows:
| (5 ILCS 412/5-5)
| Sec. 5-5. Policy development. The Department of | Conservation, the
Department of Corrections, the Historic | Preservation Agency, the University of
Illinois, and the | University of Illinois Foundation shall each develop a policy
| on housing for State employees that addresses the following:
| (1) Purpose of providing housing.
| (2) Application procedures.
| (3) Eligibility.
| (4) Tenant selection criteria.
| (5) Accounting for housing in employee compensation.
| (6) Employee responsibilities that necessitate | State-provided housing.
| (7) Procedures for setting and adjusting rent, | security deposits, and
utility payments.
| (8) Documented justification for State ownership of | each house or
property.
|
| (Source: P.A. 89-214, eff. 8-4-95.)
| (5 ILCS 412/5-10)
| Sec. 5-10. Taxable status. The Department of Agriculture, | the Department
of Conservation, the Department of Corrections, | the Department of Veterans'
Affairs, and the University of | Illinois shall each develop procedures to
determine whether | housing provided to employees and non-employees is subject to
| taxation. The Department of Revenue and the Internal Revenue | Service may be
consulted to determine the appropriate means of | reporting the value of housing
provided at below fair market | rent to those who do not meet all established
criteria.
| (Source: P.A. 89-214, eff. 8-4-95.)
| (5 ILCS 412/5-15)
| Sec. 5-15. Rental housing. The Department of Conservation, | the Department
of Corrections, the Historic Preservation | Agency, the Department of
Transportation, the University of | Illinois, and the University of Illinois
Foundation shall each | analyze the need for providing low-rent housing to its
| employees and shall consider alternatives to State-owned | housing. Rent charged
for State-owned housing shall be | evaluated every 3 years for adjustments,
including that | necessitated by changing economic conditions.
| (Source: P.A. 89-214, eff. 8-4-95.)
|
| (5 ILCS 412/5-20)
| Sec. 5-20. Security deposit. The Department of | Conservation, the
Department of Corrections, the Department of | Transportation, the Historic
Preservation Agency, the | University of Illinois, and the University of Illinois
| Foundation shall each analyze the need for all employee and | non-employee
tenants of State-owned housing to pay a reasonable | security deposit and may
each collect security deposits and | maintain them in interest-bearing accounts.
| (Source: P.A. 89-214, eff. 8-4-95.)
| (5 ILCS 412/5-25)
| Sec. 5-25. Utilities. The Department of Conservation, the | Department of
Corrections, the Historic Preservation Agency, | and the University of Illinois
may each require its employees | for whom it provides housing to pay their own
utilities. If | direct utility payment is required, a utility schedule shall be
| established for employees who can not directly pay utilities | due to extenuating
circumstances, such as occupancy of | dormitories not individually metered.
| (Source: P.A. 89-214, eff. 8-4-95.)
| (5 ILCS 412/5-30)
| Sec. 5-30. Tenant selection. The Department of | Conservation, the
Department of Corrections, the Historic | Preservation Agency, the Department of
Transportation, the |
| University of Illinois, and the University of Illinois
| Foundation shall each develop and maintain application forms | for its
State-owned housing, written criteria for selecting | employee tenants, and
records of decisions as to who was | selected to receive State housing and why
they were selected.
| (Source: P.A. 89-214, eff. 8-4-95.)
| (5 ILCS 412/5-35)
| Sec. 5-35. Housing justification. The Department of | Conservation, the
Historic Preservation Agency, and the | University of Illinois shall each develop
written criteria for | determining which employment positions necessitate
provision | of State housing. The criteria shall include the specific
| employee responsibilities that can only be performed | effectively by occupying
State housing.
| (Source: P.A. 89-214, eff. 8-4-95.)
| (15 ILCS 315/Act rep.)
| Section 8. The State Museum Construction Act is repealed.
| (20 ILCS 805/805-320 rep.)
| (20 ILCS 805/805-435 rep.)
| (20 ILCS 805/805-505 rep.)
| Section 10. The Department of Natural Resources | (Conservation) Law of the
Civil Administrative Code of Illinois | is amended by repealing Sections 805-320, 805-435, and 805-505. |
| Section 15. The Illinois Geographic Information Council | Act is amended by changing Sections 5-20 and 5-30 as follows:
| (20 ILCS 1128/5-20)
| Sec. 5-20. Meetings. The Council shall meet upon the call | of its
chairmen
and shall meet at least twice a year .
| (Source: P.A. 94-961, eff. 6-27-06.)
| (20 ILCS 1128/5-30)
| Sec. 5-30. Evaluation of proposals.
| The Council shall evaluate proposals made by the User | Advisory Committee and
make recommendations to the Governor and | General Assembly on the efficient
development, use, and funding | of geographic information management technology
(GIMT) for | Illinois' State, regional, local, and academic agencies and
| institutions.
| These include:
| (1) Standards for the collection (geodetic), | maintenance, dissemination,
and documentation of spatial | data, consistent with established and on-going
development | of national standards and guidelines when applicable.
| (2) Funding strategies that encourage and support the | use of GIMT at local
levels of government.
| (3) Examining the impacts of the Freedom of Information | Act as it applies
to digital data dissemination.
|
| (4) Statewide basemap development.
| (5) The development of multiyear strategies for | integration of GIMT in
Illinois.
| (6) (Blank). The Council shall report to the Governor | and the General Assembly by
January 31st of each year on:
| (a) the current status of efforts to integrate GIMT | into the decision
making, evaluation, planning, and | management activities of State and local
governments;
| (b) the current status of integration of State and | local government
efforts with those of the federal | government and the private sector; and
| (c) Council objectives for the next 12-month | period.
| (7) As necessary, the Council may enter into agreements | with professional
non-profit organizations to achieve its | objectives.
| (8) The Council may accept grants and gifts from | corporations, for-profit
or not-for-profit, or | associations for the purpose of conducting research,
| evaluations, or demonstration projects directed towards | the development of an
integrated statewide system of | geographic information management technology.
| (Source: P.A. 94-961, eff. 6-27-06.)
| (20 ILCS 1128/5-15 rep.)
| Section 20. The Illinois Geographic Information Council |
| Act is amended by repealing Section 5-15. | (30 ILCS 768/Act rep.)
| Section 27. The Park and Recreational Facility | Construction Act is repealed. | Section 30. The Counties Code is amended by changing | Section 5-1062 as follows:
| (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
| Sec. 5-1062. Stormwater management.
| (a) The purpose of this Section is to allow management and | mitigation of the
effects of urbanization on stormwater | drainage in metropolitan counties located
in the area served by | the Northeastern Illinois Planning Commission, and
references | to "county" in this Section shall apply only to those counties.
| This Section shall not apply to any county with a population in | excess of
1,500,000, except as provided in subsection (c). The | purpose of this Section
shall be achieved by:
| (1) consolidating the existing stormwater management | framework into a
united, countywide structure;
| (2) setting minimum standards for floodplain and | stormwater management;
and
| (3) preparing a countywide plan for the management of | stormwater runoff,
including the management of natural and | man-made drainageways. The countywide
plan may incorporate |
| watershed plans.
| (b) A stormwater management planning committee shall be | established by
county board resolution, with its membership | consisting of equal numbers of
county board and municipal | representatives from each county board
district, and such other | members as may be determined by the county and
municipal | members. However, if the county has more than 6 county board
| districts, the county board may by ordinance divide the county | into not
less than 6 areas of approximately equal population, | to be used instead of
county board districts for the purpose of | determining representation on the
stormwater management | planning committee.
| The county board members shall be appointed by the chairman | of the county
board. Municipal members from each county board | district or other
represented area shall be appointed by a | majority vote of the mayors of
those municipalities which have | the greatest percentage of their respective
populations | residing in such county board district or other represented
| area. All municipal and county board representatives shall be | entitled
to a vote; the other members shall be nonvoting | members, unless authorized
to vote by the unanimous consent of | the municipal and county board
representatives. A municipality | that is located in more than one county may
choose, at the time | of formation of the stormwater management planning
committee | and based on watershed boundaries, to participate in the
| stormwater management planning program of either or both of the |
| counties.
Subcommittees of the stormwater management planning | committee may be
established to serve a portion of the county | or a particular drainage basin
that has similar stormwater | management needs. The stormwater management
planning committee | shall adopt by-laws, by a majority vote of the county and
| municipal members, to govern the functions of the committee and | its
subcommittees. Officers of the committee shall include a | chair and vice chair,
one of whom shall be a county | representative and one a municipal
representative.
| The principal duties of the committee shall be to develop a | stormwater
management plan for presentation to and approval by | the county board, and
to direct the plan's implementation and | revision. The committee may retain
engineering, legal and | financial advisors and inspection personnel. The
committee | shall meet at least quarterly and shall hold at least one | public
meeting during the preparation of the plan and prior to | its submittal to the
county board.
| (c) In the preparation of a stormwater management plan, a | county
stormwater management planning committee shall | coordinate the planning
process with each adjoining county to | ensure that recommended stormwater
projects will have no | significant impact on the levels or flows of
stormwaters in | inter-county watersheds or on the capacity of existing and
| planned stormwater retention facilities. An adopted stormwater | management
plan shall identify steps taken by the county to | coordinate the development
of plan recommendations with |
| adjoining counties.
| (d) (Blank). Before the stormwater management planning | committee recommends to the
county board a stormwater | management plan for the county or a portion thereof,
it shall | submit the plan to the Office of Water Resources of the | Department of Natural Resources and to the Northeastern | Illinois Planning
Commission for review and recommendations. | The Office
and the Commission, in reviewing the plan, shall | consider such factors as
impacts on the levels or flows in | rivers and streams and the cumulative effects
of stormwater | discharges on flood levels. The Office of Water Resources shall | determine whether the
plan or ordinances enacted to implement | the plan complies with the requirements
of subsection (f). | Within a period not to exceed 60 days, the review comments
and | recommendations shall be submitted to the stormwater | management planning
committee for consideration. Any | amendments to the plan shall be
submitted to the Office and the | Commission for review.
| (e) Prior to recommending the plan to the county board, the | stormwater
management planning committee shall hold at least | one public hearing thereon
and shall afford interested persons | an opportunity to be heard. The hearing
shall be held in the | county seat. Notice of the hearing shall be published at
least | once no less than 15 days in advance thereof in a newspaper of | general
circulation published in the county. The notice shall | state the time and place
of the hearing and the place where |
| copies of the proposed plan will be
accessible for examination | by interested parties. If an affected municipality
having a | stormwater management plan adopted by ordinance wishes to | protest the
proposed county plan provisions, it shall appear at | the hearing and submit in
writing specific proposals to the | stormwater management planning committee.
After consideration | of the matters raised at the hearing, the committee may
amend | or approve the plan and recommend it to the county board for | adoption.
| The county board may enact the proposed plan by ordinance. | If the
proposals for modification of the plan made by an | affected municipality having
a stormwater management plan are | not included in the proposed county plan,
and the municipality | affected by the plan opposes adoption of the county
plan by | resolution of its corporate authorities, approval of
the county | plan shall require an affirmative vote of at least two-thirds | of the
county board members present and voting. If the county | board wishes to
amend the county plan, it shall submit in | writing specific proposals to the
stormwater management | planning committee. If the proposals are not
approved by the | committee, or are opposed by resolution of the corporate
| authorities of an affected municipality having a municipal | stormwater
management plan, amendment of the plan shall require | an affirmative vote of
at least two-thirds of the county board | members present and voting.
| (f) The county board may prescribe by ordinance reasonable |
| rules and
regulations for floodplain management and for | governing the location,
width, course and release rate of all | stormwater runoff channels, streams
and basins in the county, | in accordance with the adopted stormwater
management plan. | These rules and regulations shall, at a minimum, meet
the | standards for floodplain management established by the Office | of Water Resources and
the requirements of the Federal | Emergency Management Agency for participation
in the National | Flood Insurance Program.
| (g) In accordance with, and if recommended in, the adopted | stormwater
management plan, the county board may adopt a | schedule of fees
as may be necessary to mitigate the effects of | increased stormwater runoff
resulting from new development. | The fees shall not exceed the cost of
satisfying the onsite | stormwater retention or detention requirements of the
adopted | stormwater management plan. The fees shall be used to finance
| activities undertaken by the county or its included | municipalities to
mitigate the effects of urban stormwater | runoff by providing regional
stormwater retention or detention | facilities, as identified in the county
plan. All such fees | collected by the county shall be held in a separate fund,
and | shall be expended only in the watershed within which they were | collected.
| (h) For the purpose of implementing this Section and for | the
development, design, planning, construction, operation and | maintenance of
stormwater facilities provided for in the |
| stormwater management plan, a
county board that has established | a stormwater management planning
committee pursuant to this | Section may cause an annual tax of not to exceed
0.20% of the | value, as equalized or assessed by the Department of Revenue,
| of all taxable property in the county to be levied upon all the | taxable
property in the county. The tax shall be in addition to | all other taxes
authorized by law to be levied and collected in | the county and shall be in
addition to the maximum tax rate | authorized by law for general county
purposes. The 0.20% | limitation provided in this Section may be increased
or | decreased by referendum in accordance with the provisions of | Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
| Any revenues generated as a result of ownership or | operation of facilities
or land acquired with the tax funds | collected pursuant to this subsection
(h) shall be held in a | separate fund and be used either to abate such
property tax or | for implementing this Section.
| However, unless at least part of the county has been | declared after
July 1, 1986 by presidential proclamation to be | a disaster area as a result
of flooding, the tax authorized by | this subsection (h) shall not be levied
until the question of | its adoption, either for a specified period or
indefinitely, | has been submitted to the electors thereof and approved by a
| majority of those voting on the question. This question may be | submitted
at any election held in the county after the adoption | of a resolution by
the county board providing for the |
| submission of the question to the
electors of the county. The | county board shall certify the resolution and
proposition to | the proper election officials, who shall submit the
proposition | at an election in accordance with the general election law. If
| a majority of the votes cast on the question is in favor of the | levy of
the tax, it may thereafter be levied in the county for | the specified
period or indefinitely, as provided in the | proposition. The question shall
be put in substantially the | following form:
| -------------------------------------------------------------
| Shall an annual tax be levied
| for stormwater management purposes YES
| (for a period of not more than
| ...... years) at a rate not exceeding ------------------
| .....% of the equalized assessed
| value of the taxable property of NO
| ........ County?
| -------------------------------------------------------------
| (i) Upon the creation and implementation of a county | stormwater management
plan, the county may petition the circuit | court to dissolve any or all drainage
districts created | pursuant to the Illinois Drainage Code or predecessor Acts
| which are located entirely within the area of the county | covered by the plan.
| However, any active drainage district implementing a plan | that is
consistent with and at least as stringent as the county |
| stormwater
management plan may petition the stormwater | management planning committee
for exception from dissolution. | Upon filing of the petition, the committee
shall set a date for | hearing not less than 2 weeks, nor more than 4 weeks,
from the | filing thereof, and the committee shall give at least one | week's
notice of the hearing in one or more newspapers of | general circulation
within the district, and in addition shall | cause a copy of the notice to be
personally served upon each of | the trustees of the district. At the
hearing, the committee | shall hear the district's petition and allow the
district | trustees and any interested parties an opportunity to present | oral
and written evidence. The committee shall render its | decision upon the
petition for exception from dissolution based | upon the best interests of
the residents of the district. In | the event that the exception is not
allowed, the district may | file a petition within 30 days of the decision
with the circuit | court. In that case, the notice and hearing requirements
for | the court shall be the same as herein provided for the | committee.
The court shall likewise render its decision of | whether to dissolve the
district based upon the best interests | of residents of the district.
| The dissolution of any drainage district shall not affect | the obligation
of any bonds issued or contracts entered into by | the district nor
invalidate the levy, extension or collection | of any taxes or special
assessments upon the property in the | former drainage district. All property
and obligations of the |
| former drainage district shall be assumed and
managed by the | county, and the debts of the former drainage district shall
be | discharged as soon as practicable.
| If a drainage district lies only partly within a county | that adopts a
county stormwater management plan, the county may | petition the circuit
court to disconnect from the drainage | district that portion of the district
that lies within that | county. The property of the drainage district within the
| disconnected area shall be assumed and managed by the county. | The county shall
also assume a portion of the drainage | district's debt at the time of
disconnection, based on the | portion of the value of the taxable property of the
drainage | district which is located within the area being disconnected.
| The operations of any drainage district that continues to | exist in a
county that has adopted a stormwater management plan | in accordance with
this Section shall be in accordance with the | adopted plan.
| (j) Any county that has adopted a county stormwater | management plan
under this Section may, after 10 days written | notice to the owner or
occupant, enter upon any lands or waters | within the county for the purpose
of inspecting stormwater | facilities or causing the removal of any
obstruction to an | affected watercourse. The county shall be responsible
for any | damages occasioned thereby.
| (k) Upon petition of the municipality, and based on a | finding of the
stormwater management planning committee, the |
| county shall not enforce
rules and regulations adopted by the | county in any municipality located
wholly or partly within the | county that has a municipal stormwater
management ordinance | that is consistent with and at least as stringent as
the county | plan and ordinance, and is being enforced by the municipal
| authorities.
| (l) A county may issue general obligation bonds for | implementing any
stormwater plan adopted under this Section in | the manner prescribed in
Section 5-1012; except that the | referendum requirement of Section 5-1012 shall
not apply to | bonds issued pursuant to this Section on which the principal | and
interest are to be paid entirely out of funds generated by | the taxes and fees
authorized by this Section.
| (m) The powers authorized by this Section may be | implemented by the
county board for a portion of the county | subject to similar stormwater
management needs.
| (n) The powers and taxes authorized by this Section are in | addition to the
powers and taxes authorized by Division 5-15; | in exercising its powers
under this Section, a county shall not | be subject to the restrictions and
requirements of that | Division.
| (o) Pursuant to paragraphs (g) and (i) of Section 6 of | Article VII of
the Illinois Constitution, this Section | specifically denies and limits the
exercise of any power which | is inconsistent herewith by home rule units in
any county with | a population of less than 1,500,000 in the area served by
the |
| Northeastern Illinois Planning Commission. This Section does | not
prohibit the concurrent exercise of powers consistent | herewith.
| (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
| Section 45. The Energy Assistance Act is amended by | changing Section 5 as follows:
| (305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
| Sec. 5. Policy Advisory Council.
| (a) Within the Department of Commerce and Economic | Opportunity is created a
Low Income Energy Assistance Policy | Advisory Council.
| (b) The Council shall be chaired by the Director
of | Commerce and Economic Opportunity or his or her designee. There | shall be 19 20
members of the Low Income Energy Assistance | Policy Advisory Council, including
the chairperson and the | following members:
| (1) one member designated by the Illinois Commerce
| Commission;
| (2) (blank); one member designated by the Illinois | Department of
Natural Resources;
| (3) one member designated by the Illinois Energy
| Association to represent electric public utilities serving | in excess of 1
million customers in this State;
| (4) one member agreed upon by gas public utilities
that
|
| serve more than 500,000 and fewer than 1,500,000 customers | in this State;
| (5) one member agreed upon by gas public utilities that | serve 1,500,000 or
more customers in this State;
| (6) one member designated by the Illinois Energy
| Association to represent combination gas and electric | public utilities;
| (7) one member agreed upon by the Illinois Municipal
| Electric Agency and the Association of Illinois Electric | Cooperatives;
| (8) one member agreed upon by the Illinois Industrial
| Energy Consumers;
| (9) three members designated by the Department to
| represent low income energy consumers;
| (10) two members designated by the Illinois Community | Action Association
to
represent local agencies that assist | in the administration of this Act;
| (11) one member designated by the Citizens Utility | Board
to represent residential energy consumers;
| (12) one member designated by the Illinois Retail
| Merchants Association to represent commercial energy | customers;
| (13) one member designated by the Department to
| represent independent energy providers; and
| (14) three members designated by the Mayor of the City | of Chicago.
|
| (c) Designated and appointed members shall serve 2 year | terms and
until their successors are appointed and qualified. | The designating
organization shall notify the chairperson of | any changes or substitutions of a
designee within 10 business | days of a change or substitution. Members shall
serve without | compensation, but may receive reimbursement for actual costs
| incurred in fulfilling their duties as members of the Council.
| (d) The Council shall have the following duties:
| (1) to monitor the administration of this Act to ensure
| effective, efficient, and coordinated program development | and implementation;
| (2) to assist the Department in developing and
| administering rules and regulations required to be | promulgated pursuant to this
Act in a manner consistent | with the purpose and objectives of this Act;
| (3) to facilitate and coordinate the collection and
| exchange of all program data and other information needed | by the Department and
others in fulfilling their duties | pursuant to this Act;
| (4) to advise the Department on the proper level of
| support required for effective administration of the Act;
| (5) to provide a written opinion concerning any
| regulation proposed pursuant to this Act, and to review and | comment on any
energy assistance or related plan required | to be prepared by the Department;
| (6) to advise the Department on the use of funds |
| collected pursuant to
Section 11 of this Act, and on any | changes to existing low income energy
assistance programs | to make effective use of such funds, so long as such uses
| and changes are consistent with the requirements of the | Act.
| (Source: P.A. 94-793, eff. 5-19-06.)
| (305 ILCS 20/8 rep.)
| Section 50. The Energy Assistance Act is amended by | repealing Section 8. | Section 55. The Interstate Ozone Transport Oversight Act is | amended by changing Section 20 as follows:
| (415 ILCS 130/20)
| Sec. 20. Legislative referral and public hearings.
| (a) Not later than 10 days after the development of any | proposed
memorandum of understanding by the Ozone Transport | Assessment Group
potentially requiring the State of Illinois to | undertake emission reductions
in addition to those specified by | the Clean Air Act Amendments of 1990, or
subsequent to the | issuance of a request made by the United States Environmental
| Protection Agency on or after June 1, 1997 for
submission of a | State Implementation Plan for Illinois relating to ozone
| attainment and before submission of the Plan, the
Director | shall submit
the proposed memorandum of understanding or State |
| Implementation Plan to
the House Committee and the Senate
| Committee for their consideration. At that time, the Director | shall also
submit information detailing any alternate | strategies.
| (b) To assist the legislative review required by this Act, | the Department
of Natural Resources and the Department of | Commerce and Economic Opportunity shall
conduct a joint study | of the impacts on the State's economy which may result
from | implementation of the emission reduction strategies contained | within any
proposed memorandum of understanding or State | Implementation Plan relating to
ozone and from implementation | of any alternate
strategies. The study shall include, but not | be limited to, the impacts on
economic development, employment, | utility costs and rates, personal income, and
industrial | competitiveness which may result from implementation of the | emission
reduction strategies contained within any proposed | memorandum of agreement or
State Implementation Plan relating | to ozone and
from implementation of any alternate strategies. | The study shall be
submitted
to the House Committee and Senate | Committee not less than 10 days prior to any
scheduled hearing | conducted pursuant to subsection (c) of this Section.
| (c) Upon receipt of the information required by subsections | (a) and (b) of
this Section, the House Committee and Senate | Committee shall each convene
one or more public hearings to | receive comments from agencies of government and
other | interested parties on the memorandum of understanding's or |
| State
Implementation Plan's prospective
economic and | environmental impacts, including its impacts on energy use,
| economic development, utility costs and rates, and | competitiveness.
Additionally,
comments shall be received on | the prospective economic and environmental
impacts, including | impacts on energy use, economic development, utility
costs and | rates, and competitiveness, which may result from | implementation of
any
alternate strategies.
| (Source: P.A. 94-793, eff. 5-19-06.)
| (515 ILCS 5/1-235 rep.)
| Section 60. The Fish and Aquatic Life Code is amended by | repealing Section 1-235.
| (520 ILCS 20/2 rep.)
| (520 ILCS 20/6 rep.)
| (520 ILCS 20/7 rep.)
| (520 ILCS 20/8 rep.)
| (520 ILCS 20/9 rep.)
| Section 65. The Wildlife Habitat Management Areas Act is | amended by repealing Sections 2, 6, 7, 8, and 9. | Section 70. The Rivers, Lakes, and Streams Act is amended | by changing Section 23a as follows:
| (615 ILCS 5/23a) (from Ch. 19, par. 70a)
|
| Sec. 23a. The Department is authorized to carry out | inspections of any
dam within the State, and to establish | standards and issue permits for the
safe construction of new | dams and the reconstruction, repair, operation
and maintenance | of all existing dams. If any inspection carried out
by the | Department or by a federal agency in which the Department | concurs
determines that a dam is in an unsafe condition, the | Department shall
so notify the appropriate public officials of | the affected city or county,
the State's Attorney of the county | in which the dam is located, and the
Illinois Emergency | Management Agency.
| The Department may compel the installation of fishways in | dams wherever
deemed necessary.
| The Department may establish by rule minimum water levels | for water behind
dams on streams and rivers as necessary to | preserve the fish and other aquatic
life and to safeguard the | health of the community.
| Upon a determination of the Department that a dam | constitutes a serious
threat to life or a threat of substantial | property damage, the Department
may issue orders to require | changes in the structure or its operation or
maintenance | necessary for proper control of water levels at normal stages
| and for the disposal of flood waters and for the protection of | navigation
and any persons or property situated downstream from | the dam or to otherwise
remove the threat provided, however, | that no existing dam, based solely
upon the enactment by any |
| governmental unit of any new rule, regulation,
ordinance, law, | or other requirement passed after the construction of the
dam, | shall be deemed to constitute a serious threat to life or a | threat of
substantial property damage if it was designed and | constructed under a
permit from the State of Illinois in | conformance with all applicable
standards existing at the time | of its construction and is in good repair.
| The Department shall be required, prior to taking any | action to compel
alteration or breaching of any dam, to furnish | in writing to the owner of
the dam (1) a detailed and specific | list of defects discovered in the course
of inspection of the | dam, including the specific nature of any inadequacies
in the | capacity of the spillway system and any indications of seepage, | erosion,
or other evidence of structural deficiency in the dam | or spillway; and (2)
a statement of the applicable standards | that if complied with by the owner
of the dam would put the dam | into compliance with the State's requirements.
| No order shall be issued requiring alteration of any | existing dam until after
notice and opportunity for hearing has | been provided by the Department to the
dam owners. If the owner | or owners of the dam are unknown, notice will be
provided by | publication in a newspaper of general circulation in the county | in
which the structure is located. Any order issued under this | Section shall
include a statement of the findings supporting | the order.
| Opportunity for hearing is not required in emergency |
| situations when the
Department finds there is imminent hazard | to personal public safety of people.
| The Department may enforce the provisions of this Section | and of rules
and orders issued hereunder by injunction or other
| appropriate action.
| Neither the Department of Natural Resources nor
employees | or agents of the Department shall be liable for damages | sustained
through the partial or total failure of any dam or | the operation or maintenance
of any dam by reason of the | Department's regulation thereof. Nothing in this
Act shall | relieve an owner or operator of a dam from the legal duties,
| obligations, and liabilities arising from ownership or | operation.
| The Department shall review and update its operations | manuals for the Algonquin Dam and the William G. Stratton Lock | and Dam on an annual basis. | (Source: P.A. 96-388, eff. 1-1-10.)
| Section 999. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 08/09/2012
|