Legislative Round-up of the General Assembly Spring Session

The Illinois General Assembly recessed at the end of May, so here’s a summary of water-related measures that progressed through Springfield this spring:

Updates on past bills: please see the March blog post for summaries of these measures

Water Pollution Control Loan

HB 4382

Passed in the House, referred to assignments in the Senate on April 7

Coal and Coke Regulation

HB 5939

Acquired several co-sponsors within the House of Representatives

Nuisance Organisms

HB 5869

Passed both houses on May 28

Fox Waterway

SB 2696—no changes

HR 0934—was placed on the House Calendar Order of Resolutions on 4.8.14

SB 2732—no changes

Recent Legislation

Hydraulic Fracturing:

SB 649

Synopsis:

• Amends the Hydraulic Fracturing Regulatory Act, which was signed into law by Governor Quinn last year
• Some changes to the regulations governing the hydraulic fracturing process, including a two-year moratorium on fracking around Chicago
• Remove the responsibility of creating fracking rules from the Illinois Department of Natural Resources and give it to a committee comprised of General Assembly members.
• For media coverage of this measure, see here

Status:

• Passed the Senate on 5.1.2014 and progressed to the House
• The House re-referred this measure to the Rules Committee on 5.30.2014

Boater Safety Courses:

SB 3433

Synopsis:

• Amends the Boat Registration and Safety Act
• Beginning January 1, 2016 no person born on or after January 1, 1991 can operate a motorboat with over 10 horse power without a Boating Safety Certificate

Status:

• Passed both houses on 30 May, 2014

Public Water Supply Operations:

SB 2770

Synopsis:

• Amends the Public Water Supply Operations Act
• Defines “Responsible Operator in Charge”
• Provides that every community water supply in Illinois shall have a responsible operator in charge to supervise the treatment and distribution facilities of the community water supply

Status:

• Passed both houses on 29 May, 2014

Water Loss Accounting:

SB 3047

Synopsis:

• Creates the Water Loss Accounting Awareness Act
• Provides that the IEPA, IDNR, and ISWS shall submit a report that reviews and evaluates the latest regional available information on water loss in Illinois to the General Assembly before July 31, 2015

Status:

• Introduced on February 7, 2014
• Currently referred to the Senate Assignments Committee

Legislative Catch-ups

We haven’t run a legislative update in a long time! To make up for our lapse, here’s a long list of some what’s going on in the Illinois General Assembly this spring session. 

Water Pollution Control Loan

HB 4382

Synopsis:

• An amendment to the Environmental Protection Act
• Removes a provision requiring a local 30% match for total project cost for projects funded through grants
• Allows the IEPA to provide financial assistance for any project eligible for assistance under the Federal Water Pollution Control Act

Status:

• Introduced January 29, 2014
• Placed on the House calendar for a second reading on March 26, 2014

Coal and Coke Regulation
HB 5939

Synopsis:

• Is an amendment to the Environmental Protection Act
• Regulates the storage, processing, and transloading of coal and coke
• Requires minimum setbacks for coal and coke facilities (5,000 feet for the property line of a residence, childcare service, school, etc.)
• Sets limits for fugitive dust from facilities
• Requires permits for construction and operations of facilities
• Regulates the loading, unloading, paving, and cleaning of facilities
• Requires monitoring, recording keeping, and reporting to the IEPA

Status:

• Introduced February 14, 2014
• Assigned to the House Environment Committee in early March
• Currently accumulating lots of co-sponsors

Nuisance Organisms

HB 5869

Synopsis:

• An amendment to the Fish and Aquatic Life Code
• Any individual who knowingly imports any nuisance organisms into Illinois is guilty of a Class C misdemeanor or a fine not exceeding $1,500 per organisms imported, maximum fine not to exceed $25,000
• Nuisance organisms are nonnative aquatic organisms that could alter or threaten the ecosystem or native or naturalized fish and other organisms

Status:

• Introduced February 14, 2014
• Currently a floor amendment has kicked it back to the Rules Committee

Anything related to the Fox Waterway

Since the Fox Waterway seems to be stirring a lot of discussion in the General Assembly, we grouped all these measures together.

SB 2696

Synopsis:

• Dissolves the Fox Waterway Agency Act
• Dissolves the Fox Waterway Agency
• Assigns assets and property to the Department of Natural Resources
• Status:
• Introduced January 28, 2014
• Second reading was added to the Senate calendar on March 26, 2014

HR 0934

Synopsis:

• Declares the House’s opposition to SB 2629

Status:

• Introduced March 20, 2014
• Adding co-sponsors at the moment

SB 2732

Synopsis:

• Amendment to the Fox Waterway Agency Act
• If any dredging or restoration work is done on the channel using public funds, then the water in the channel remains a public waterway open and accessible to the public
• If only private funds are used for dredging and maintenance, then property owners adjacent to the channel have the right to close the channel to public access, so long as the closing is posted

Status:

• Introduced and referred to Assignments January 28, 2014

June Legislative Updates

The spring session of the General Assembly ended May 31st. Here's a final recap of the measures we've followed this session.

Hydraulic Fracturing (Fracking):

Obviously this is a big topic in the news at the moment, but here’s the final status of all the introduced legislation.

HB 2615—Hydraulic Fracturing Regulatory Act

This particular version of the fracking regulations never made it back out of the Rules Committee, but….

SB 1715 Hydraulic Fracturing Regulatory Act

The Senate version of the fracking regulations was passed in both Houses on 31 May 2013 and was signed into law by Governor Quinn on 17 June 2013. Essentially, this means that once Illinois Department of Natural Resources gets the rules in place, fracking is coming to Illinois.

For the press release from Gov. Quinn’s office, see here

The Environmental Law and Policy Center breaks down the act here

HB 3086 Two-Year Fracking Moratorium/Ban

There are no changes to this measure—it’s still hanging out in committee.

Regardless of the passage of SB1715, there are a lot of angry people who are deeply opposed to any hydraulic fracturing in Illinois at all. They’re working to resurrect HB 3086 to ban fracking while its potential harms can be studied.

Passed Both Houses and Sent to Governor:

HB 1379 Water and Sewer Utilities Value

This measure was passed in both Houses on 16 May 2013

SB 1869 Multi-Drainage Code

Passed both Houses as of 16 May 2013.

HB 2753 Lake Michigan Wind Energy

This measure had passed both Houses on 31 May, and it was sent to the Governor on 19 June 2013. If Governor Quinn signs this into law, the Illinois Department of Natural Resources will begin its two-year study of the possibility of locating wind turbines in Lake Michigan.

HB 1522 County Stormwater Management

As we stated in May, this measure has passed both Houses and is now on Governor Quinn’s desk. For more information about what stormwater management and associated fees will mean, you can check out our blog post on the topic. 

No Changes:

HB 2907—EPA Disposal of PCBs

This measure is still sitting in the Rules Committee as of 22 March 2013 

SB 1868—EPA Hazardous Waste Siting

This measure was referred to the Assignments Committee of 30 April 2013

Illinois HB 1522 and What's All This About Stormwater Utility Fees?

We’ve been tracking the progress of HB 1522, or the stormwater utility fees bill, this spring. Now that this measure has passed both houses and is on the desk of Governor Quinn, we’re delving into what stormwater utility fees are, and what they might mean for Illinois residents.

What are stormwater utility fees?

A stormwater utility manages the rainwater running off houses, driveways, roadways, parking lots, and buildings of a municipality. Just as the electrical utilities charge for their product, so the stormwater utility relies on a fee for managing the extra runoff of a city. Since a local government usually manages the stormwater utility, the fee is often regarded as an additional tax. However, since the fee is charged for use of the utility, Illinois courts have ruled it a fee that even traditionally tax-exempt organizations like churches and schools must pay.

The Chicago Metropolitan Agency for Planning provides an extensive overview of stormwater utilities here.    

How much will it cost?

That largely depends on the funding structure adopted by your municipality. Champaign, IL, where several IWRC staff members happen to live, is using a graduated system based on the square footage of the impervious surface of a residence. For example, a home having between 500 and 6000 sf of impervious surface (including the driveway, deck, patios, etc.) will pay $4.94 a month, while homes between 6001 sf and 8000 sf will pay $10.55 per month. Any building other than a single family home will be billed $1.51 per 1000 sf per month. The City of Bloomington, IL charges fees based on the square footage of a property, and, for larger properties, even relies on aerial photography to determine how much runoff a property contributes. Some areas, like Bay County in Florida, have opted to charge a simple flat, annual fee of between $40 and $200. Since HB 1522 applies to DuPage and Peoria counties, it’s up to those counties to decide how the fees will be structured.  

Is there a way to reduce the fee?

HB 1522 included language directing counties to provide fee credits for property improvements that decrease stormwater or improve water quality. In Champaign, these improvements can include things like rain barrels, rain gardens, and green roofs. Bay County, FL waives the fee for qualified senior citizens, disabled veterans, and disabled persons, while Minneapolis, MN applies credits for either water quality or quantity improvements from actions like installing ponds or pervious pavement.

If your school wants to create a rain garden as part of their stormwater reduction efforts, check out this small grant program for some help.