Illinois-2017-HB5604-Introduced

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

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LRB100 20058 AWJ 35340 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Municipal Code is amended by adding

5 Sections 11-109-5, 11-129-8.5, 11-130-8.5, and 11-139-2.5 as

6 follows:

7 (65 ILCS 5/11-109-5 new)

8 Sec. 11-109-5. Emergency sewer repair programs. A

9 municipality, including a home rule municipality, may not

10 operate an emergency sewer repair program. This Section is a

11 denial and limitation of home rule powers and functions under

12 subsection (g) of Section 6 of Article VII of the Illinois

13 Constitution.

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

17 system or water supply system must publish on its website a

18 plan for the maintenance and repair of underground water

19 service lines. The plan must detail any scheduled or

20 foreseeable maintenance and repair to be completed over the

21 following 5-year period, as well as any scheduled or

22 foreseeable maintenance and repair to be completed over the

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LRB100 20058 AWJ 35340 b

1 following 10-year period. Physical copies of the plan must be

2 made available for inspection and review at a municipal office.

3 (b) A home rule municipality shall establish and publish a

4 scheduled maintenance and repair plan in a manner no less

5 restrictive than provided for in this Section. This Section is

6 a limitation under subsection (i) of Section 6 of Article VII

7 of the Illinois Constitution on the concurrent exercise by home

8 rule 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

12 system must publish on its website a plan for the maintenance

13 and repair of underground water service lines. The plan must

14 detail any scheduled or foreseeable maintenance and repair to

15 be completed over the following 5-year period, as well as any

16 scheduled or foreseeable maintenance and repair to be completed

17 over the following 10-year period. Physical copies of the plan

18 must be made available for inspection and review at a municipal

19 office.

20 (b) A home rule municipality shall establish and publish a

21 scheduled maintenance and repair plan in a manner no less

22 restrictive than provided for in this Section. This Section is

23 a limitation under subsection (i) of Section 6 of Article VII

24 of the Illinois Constitution on the concurrent exercise by home

25 rule units of powers and functions exercised by the State.

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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

4 waterworks and sewerage system must publish on its website a

5 plan for the maintenance and repair of underground water

6 service lines and sewerage systems. The plan must detail any

7 scheduled or foreseeable maintenance and repair to be completed

8 over the following 5-year period, as well as any scheduled or

9 foreseeable maintenance and repair to be completed over the

10 following 10-year period. Physical copies of the plan must be

11 made available for inspection and review at a municipal office.

12 (b) A home rule municipality shall establish and publish a

13 scheduled maintenance and repair plan in a manner no less

14 restrictive than provided for in this Section. This Section is

15 a limitation under subsection (i) of Section 6 of Article VII

16 of the Illinois Constitution on the concurrent exercise by home

17 rule units of powers and functions exercised by the State.

18 Section 99. Effective date. This Act takes effect upon

19 becoming law.