Bill Amendment: IL HB4207 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORTATION-FLOOD INSURANCE
Status: 2024-04-30 - Added as Alternate Co-Sponsor Sen. Tom Bennett [HB4207 Detail]
Download: Illinois-2023-HB4207-House_Amendment_001.html
Bill Title: TRANSPORTATION-FLOOD INSURANCE
Status: 2024-04-30 - Added as Alternate Co-Sponsor Sen. Tom Bennett [HB4207 Detail]
Download: Illinois-2023-HB4207-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4207 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4207 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 18k as follows:
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6 | (615 ILCS 5/18k new) | ||||||
7 | Sec. 18k. National Flood Insurance Program; State agency | ||||||
8 | requirements. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Department" means the Department of Natural Resources. | ||||||
11 | "Development" and "developed" mean any human-made change | ||||||
12 | to real estate, including, but not limited to: | ||||||
13 | (1) demolition, construction, reconstruction, repair, | ||||||
14 | placement of a building, or any structural alteration to a | ||||||
15 | building; | ||||||
16 | (2) substantial improvement of an existing building; |
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1 | (3) installation of a manufactured home on a site, | ||||||
2 | preparing a site for a manufactured home, or installing a | ||||||
3 | travel trailer on a site for more than 180 days per year; | ||||||
4 | (4) installation of utilities or construction of | ||||||
5 | roads, bridges, culverts, or similar projects; | ||||||
6 | (5) redevelopment of a site, clearing of land as an | ||||||
7 | adjunct of construction, or construction or erection of | ||||||
8 | levees, dams, walls, or fences; | ||||||
9 | (6) drilling, mining, filling, dredging, grading, | ||||||
10 | excavation, paving, or other alterations of the ground | ||||||
11 | surface; | ||||||
12 | (7) storage of materials, including the placement of | ||||||
13 | gas or liquid storage tanks, and channel modifications or | ||||||
14 | any other activity that might change the direction, | ||||||
15 | height, or velocity of flood or surface waters. | ||||||
16 | "Development" and "developed" do not include resurfacing | ||||||
17 | of pavement that does not result in an increase in elevation; | ||||||
18 | construction of farm fencing; or gardening, plowing, and | ||||||
19 | similar practices that do not involve filling, grading, or | ||||||
20 | construction of levees. | ||||||
21 | "Special flood hazard area" means an area that has special | ||||||
22 | flood, mudflow, or flood-related erosion hazards and that is | ||||||
23 | shown on a Federal Emergency Management Agency Flood Hazard | ||||||
24 | Boundary Map or Floor Insurance Rate Map as Zone A, AO, A1-A30, | ||||||
25 | AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, | ||||||
26 | VE, or V. |
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1 | "State agency" means any department, commission, board, or | ||||||
2 | agency under the jurisdiction of the Governor; any board, | ||||||
3 | commission, agency, or authority which has a majority of its | ||||||
4 | members appointed by the Governor; and the Governor's Office. | ||||||
5 | (b) The Department shall ensure that State agencies comply | ||||||
6 | with National Flood Insurance Program requirements set forth | ||||||
7 | in this Section. | ||||||
8 | (c) All State agencies shall obtain a special flood hazard | ||||||
9 | area development permit before undertaking development | ||||||
10 | activity on State-owned property that is located in a special | ||||||
11 | flood hazard area. The Department shall adopt rules | ||||||
12 | establishing a State special flood hazard area development | ||||||
13 | program to ensure the following via the issuance of permits | ||||||
14 | prior to any State agency development within a special flood | ||||||
15 | hazard area: | ||||||
16 | (1) review of all proposed new development in a | ||||||
17 | special flood hazard area to ensure compliance with the | ||||||
18 | standards set forth in the administrative rules; | ||||||
19 | (2) monitoring and inspecting developments currently | ||||||
20 | under construction in a special flood hazard area to | ||||||
21 | ensure compliance with the standards set forth in the | ||||||
22 | administrative rules; | ||||||
23 | (3) correction, to the extent reasonably practical in | ||||||
24 | the sole determination of the Department, of all previous | ||||||
25 | development in a special flood hazard area found not to be | ||||||
26 | in compliance with the standards set forth in the |
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1 | administrative rules; and | ||||||
2 | (4) adoption of standards in the administrative rules | ||||||
3 | that, at a minimum, are as stringent as the federal | ||||||
4 | regulations that are promulgated by the Federal Emergency | ||||||
5 | Management Agency to implement the National Flood | ||||||
6 | Insurance Act (42 U.S.C. 4001 et seq.) and that are | ||||||
7 | published in 44 CFR 59 through 60. | ||||||
8 | (d) State agencies that administer grants or loans for | ||||||
9 | financing a development within a special flood hazard area | ||||||
10 | shall cooperate with the Department to ensure that | ||||||
11 | participants in their programs are informed of the existence | ||||||
12 | and location of special flood hazard areas and of any State or | ||||||
13 | local floodplain requirements that are in effect in those | ||||||
14 | areas. | ||||||
15 | (e) State agencies that are responsible for regulating or | ||||||
16 | permitting a development within a special flood hazard area | ||||||
17 | shall cooperate with the Department to ensure that | ||||||
18 | participants in their programs are informed of the existence | ||||||
19 | and location of special flood hazard areas and of any State or | ||||||
20 | local floodplain requirements that are in effect in those | ||||||
21 | areas. | ||||||
22 | (f) State agencies that are engaged in planning programs | ||||||
23 | or promoting a program for a development within a special | ||||||
24 | flood hazard area shall cooperate with the Department to | ||||||
25 | ensure that participants in their programs are informed of the | ||||||
26 | existence and location of special flood hazard areas and of |
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