Bill Text: IL HB5604 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Municipal Code. Provides that a municipality may not operate an emergency sewer repair program. Provides that a municipality that maintains and repairs a waterworks system, a water supply system, or a combined waterworks and sewerage system must publish on its website a plan for the maintenance and repair of underground water service lines (and sewerage systems in a combined waterworks and sewerage system). Provides that the plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Provides that physical copies of the plan must be made available for inspection and review at a municipal office. Limits home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5604 Detail]

Download: Illinois-2017-HB5604-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5604

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-109-5 new
65 ILCS 5/11-129-8.5 new
65 ILCS 5/11-130-8.5 new
65 ILCS 5/11-139-2.5 new

Amends the Illinois Municipal Code. Provides that a municipality may not operate an emergency sewer repair program. Provides that a municipality that maintains and repairs a waterworks system, a water supply system, or a combined waterworks and sewerage system must publish on its website a plan for the maintenance and repair of underground water service lines (and sewerage systems in a combined waterworks and sewerage system). Provides that the plan must detail any scheduled or foreseeable maintenance and repair to be completed over the following 5-year period, as well as any scheduled or foreseeable maintenance and repair to be completed over the following 10-year period. Provides that physical copies of the plan must be made available for inspection and review at a municipal office. Limits home rule powers. Effective immediately.
LRB100 20058 AWJ 35340 b
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5604LRB100 20058 AWJ 35340 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by adding
5Sections 11-109-5, 11-129-8.5, 11-130-8.5, and 11-139-2.5 as
6follows:
7 (65 ILCS 5/11-109-5 new)
8 Sec. 11-109-5. Emergency sewer repair programs. A
9municipality, including a home rule municipality, may not
10operate an emergency sewer repair program. This Section is a
11denial and limitation of home rule powers and functions under
12subsection (g) of Section 6 of Article VII of the Illinois
13Constitution.
14 (65 ILCS 5/11-129-8.5 new)
15 Sec. 11-129-8.5. Scheduled maintenance and repair plan.
16 (a) A municipality that maintains and repairs a waterworks
17system or water supply system must publish on its website a
18plan for the maintenance and repair of underground water
19service lines. The plan must detail any scheduled or
20foreseeable maintenance and repair to be completed over the
21following 5-year period, as well as any scheduled or
22foreseeable maintenance and repair to be completed over the

HB5604- 2 -LRB100 20058 AWJ 35340 b
1following 10-year period. Physical copies of the plan must be
2made available for inspection and review at a municipal office.
3 (b) A home rule municipality shall establish and publish a
4scheduled maintenance and repair plan in a manner no less
5restrictive than provided for in this Section. This Section is
6a limitation under subsection (i) of Section 6 of Article VII
7of the Illinois Constitution on the concurrent exercise by home
8rule units of powers and functions exercised by the State.
9 (65 ILCS 5/11-130-8.5 new)
10 Sec. 11-130-8.5. Scheduled maintenance and repair plan.
11 (a) A municipality that maintains and repairs a waterworks
12system must publish on its website a plan for the maintenance
13and repair of underground water service lines. The plan must
14detail any scheduled or foreseeable maintenance and repair to
15be completed over the following 5-year period, as well as any
16scheduled or foreseeable maintenance and repair to be completed
17over the following 10-year period. Physical copies of the plan
18must be made available for inspection and review at a municipal
19office.
20 (b) A home rule municipality shall establish and publish a
21scheduled maintenance and repair plan in a manner no less
22restrictive than provided for in this Section. This Section is
23a limitation under subsection (i) of Section 6 of Article VII
24of the Illinois Constitution on the concurrent exercise by home
25rule units of powers and functions exercised by the State.

HB5604- 3 -LRB100 20058 AWJ 35340 b
1 (65 ILCS 5/11-139-2.5 new)
2 Sec. 11-139-2.5. Scheduled maintenance and repair plan.
3 (a) A municipality that maintains and repairs a combined
4waterworks and sewerage system must publish on its website a
5plan for the maintenance and repair of underground water
6service lines and sewerage systems. The plan must detail any
7scheduled or foreseeable maintenance and repair to be completed
8over the following 5-year period, as well as any scheduled or
9foreseeable maintenance and repair to be completed over the
10following 10-year period. Physical copies of the plan must be
11made available for inspection and review at a municipal office.
12 (b) A home rule municipality shall establish and publish a
13scheduled maintenance and repair plan in a manner no less
14restrictive than provided for in this Section. This Section is
15a limitation under subsection (i) of Section 6 of Article VII
16of the Illinois Constitution on the concurrent exercise by home
17rule units of powers and functions exercised by the State.
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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