Bill Amendment: IL HB0688 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GRAUE MILL OVERSIGHT BOARD
Status: 2021-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0688 Detail]
Download: Illinois-2021-HB0688-House_Amendment_001.html
Bill Title: GRAUE MILL OVERSIGHT BOARD
Status: 2021-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0688 Detail]
Download: Illinois-2021-HB0688-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 688
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2 | AMENDMENT NO. ______. Amend House Bill 688 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rivers, Lakes, and Streams Act is amended | ||||||
5 | by adding Section 29b as follows:
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6 | (615 ILCS 5/29b new) | ||||||
7 | Sec. 29b. Modification of certain structures associated
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8 | with Graue Mill. | ||||||
9 | (a) As used in this Section, "structure" means a dike,
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10 | dam, weir, barrage, or man-made public works or private
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11 | improvement that directs or controls stormwater, drainage,
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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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