Bill Text: IL HB1723 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Soil and Water Conservation Districts Act. Makes a technical change to a Section concerning the short title.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB1723 Detail]
Download: Illinois-2013-HB1723-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 1723
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| 2 | AMENDMENT NO. ______. Amend House Bill 1723 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Drainage Code is amended by | ||||||
| 5 | changing Section 5-2 as follows:
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| 6 | (70 ILCS 605/5-2) (from Ch. 42, par. 5-2)
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| 7 | Sec. 5-2.
Original
assessments - Property subject to | ||||||
| 8 | assessment.
Upon the Organization of the district, the | ||||||
| 9 | commissioners shall proceed
to make out their assessment roll | ||||||
| 10 | of benefits, damages and compensation,
and they shall include | ||||||
| 11 | therein all lands, lots, railroads, and other property
within | ||||||
| 12 | the district, including State highways, streets, and alleys, | ||||||
| 13 | other than
public highways, streets and alleys, which, in their
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| 14 | opinion, will be benefited, taken or damaged by the proposed | ||||||
| 15 | work. Whenever
another district or a municipal corporation | ||||||
| 16 | exercising drainage powers has
been made a party to the | ||||||
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| 1 | proceedings to organize the district, then the
commissioners | ||||||
| 2 | shall also include such other district or municipal
corporation | ||||||
| 3 | in their assessment roll.
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| 4 | (Source: P.A. 83-726.)
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| 5 | Section 10. The Rivers, Lakes, and Streams Act is amended | ||||||
| 6 | by adding Section 40 as follows:
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| 7 | (615 ILCS 5/40 new) | ||||||
| 8 | Sec. 40. Department requirements. | ||||||
| 9 | (a) Notwithstanding any other provision of law, the | ||||||
| 10 | Department shall require the following: | ||||||
| 11 | (1) with respect to the Department's permit process for | ||||||
| 12 | levee improvements, the Department shall provide notice of | ||||||
| 13 | submissions and a detailed timeline for review the | ||||||
| 14 | submitter within 90 days; | ||||||
| 15 | (2) with respect to Department standards for | ||||||
| 16 | construction in rural areas, the Department shall permit a | ||||||
| 17 | water surface profile increase of 0.5 feet; | ||||||
| 18 | (3) with respect to Department standards for | ||||||
| 19 | construction in urban areas, the Department shall permit a | ||||||
| 20 | water surface profile increase of 0.1 feet; and | ||||||
| 21 | (4) with respect to mitigation analysis, a mitigation | ||||||
| 22 | analysis shall only be performed if a water surface profile | ||||||
| 23 | increase of 0.5 feet in rural areas, or of 0.1 in urban | ||||||
| 24 | areas, exceeds an induced head study. | ||||||
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| 1 | (b) For the purposes of this Section: | ||||||
| 2 | "Base condition" means the current pre-permit top of | ||||||
| 3 | levee elevation profile, cross-sections, and levee | ||||||
| 4 | centerline alignment. | ||||||
| 5 | "Induced head" means (i) the change of the water | ||||||
| 6 | surface profile; and (ii) any change in water elevations | ||||||
| 7 | upstream or downstream of the proposed improvement due to | ||||||
| 8 | the change of a base condition in levee height to a | ||||||
| 9 | proposed condition in levee height or encroachment. | ||||||
| 10 | "Proposed condition" means the change requested for | ||||||
| 11 | State and Federal permits.
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| 12 | Section 99. Effective date. This Act takes effect upon | ||||||
| 13 | becoming law.".
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