Bill Text: IL SB2136 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the North Shore Water Reclamation District Act. Provides that connection fees owed at the time of a property's sale shall be a lien on real estate. Provides that if the district participates in a nutrient trading program, the district shall give preference to trading investments: (i) that will benefit low income or rural communities; and (ii) where local water quality improvements can be realized. Increases the maximum dollar amount of an emergency contract to no more than $500,000 (rather than $350,000). Provides that if the board of trustees determine there is an emergency affecting the public health or safety, the district may immediately acquire the necessary right-of-way and authority to work within or adjacent to a public highway right-of-way or easement, public or private utility property or easement, railroad right-of-way, or other public property or easement. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0575 [SB2136 Detail]
Download: Illinois-2019-SB2136-Enrolled.html
Bill Title: Amends the North Shore Water Reclamation District Act. Provides that connection fees owed at the time of a property's sale shall be a lien on real estate. Provides that if the district participates in a nutrient trading program, the district shall give preference to trading investments: (i) that will benefit low income or rural communities; and (ii) where local water quality improvements can be realized. Increases the maximum dollar amount of an emergency contract to no more than $500,000 (rather than $350,000). Provides that if the board of trustees determine there is an emergency affecting the public health or safety, the district may immediately acquire the necessary right-of-way and authority to work within or adjacent to a public highway right-of-way or easement, public or private utility property or easement, railroad right-of-way, or other public property or easement. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0575 [SB2136 Detail]
Download: Illinois-2019-SB2136-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The North Shore Water Reclamation District Act | ||||||
5 | is amended by changing Sections 4, 7.6, 11, and 16 and by | ||||||
6 | adding Section 7.8 as follows:
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7 | (70 ILCS 2305/4) (from Ch. 42, par. 280)
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8 | Sec. 4. Board of trustees; powers; compensation. The | ||||||
9 | trustees shall
constitute a board of trustees for the district.
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10 | The board of trustees is the corporate authority of the | ||||||
11 | district, and
shall exercise all the powers and manage and | ||||||
12 | control all the affairs and
property of the district. The board | ||||||
13 | shall elect a president and
vice-president from among their own | ||||||
14 | number. In case of the death,
resignation, absence from the | ||||||
15 | state, or other disability of the
president, the powers, duties | ||||||
16 | and emoluments of the office of the
president shall devolve | ||||||
17 | upon the vice-president, until the disability
is removed or | ||||||
18 | until a successor to the president is appointed and chosen
in | ||||||
19 | the manner provided in this Act. The board may select a | ||||||
20 | secretary,
treasurer, executive director, and attorney, and | ||||||
21 | may provide
by ordinance for the employment of other employees | ||||||
22 | as
the board may deem necessary for the municipality. The board | ||||||
23 | may appoint
such other officers and hire such employees to |
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1 | manage and control the
operations of the district as it deems | ||||||
2 | necessary; provided, however, that the
board shall not employ | ||||||
3 | an individual as a wastewater operator whose Certificate
of | ||||||
4 | Technical Competency is suspended or revoked under rules | ||||||
5 | adopted by the
Pollution Control Board under item (4) of | ||||||
6 | subsection (a) of Section 13 of the
Environmental Protection | ||||||
7 | Act. All employees
selected by the board shall hold their | ||||||
8 | respective offices during the
pleasure of the board, and give | ||||||
9 | such bond as may be required by the
board. The board may | ||||||
10 | prescribe the duties and fix the compensation of
all the | ||||||
11 | officers and employees of the sanitary district. However, the
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12 | president of the board of trustees shall not receive more than | ||||||
13 | $10,000 per
year and the other members of the board shall not | ||||||
14 | receive more than $7,000
per year. However, beginning with the | ||||||
15 | commencement of the new term of each
board member in 1993, the | ||||||
16 | president shall not receive more than $11,000 per
year and each | ||||||
17 | other member of the board shall not receive more than $8,000
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18 | per year. Beginning with the commencement of the first new term | ||||||
19 | after the effective date of this amendatory Act of the 95th | ||||||
20 | General Assembly, the president of the board shall not receive | ||||||
21 | more than $18,000 $14,000 per year, and each other member of | ||||||
22 | the board shall not receive more than $15,000 $11,000 per year. | ||||||
23 | The board of trustees has full power to pass all necessary
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24 | ordinances, rules and regulations for the proper management and | ||||||
25 | conduct of
the business of the board and of the corporation, | ||||||
26 | and for carrying into
effect the objects for which the sanitary |
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1 | district was formed. The
ordinances may provide for a fine for | ||||||
2 | each offense of not less than $100 or
more than $1,000. Each | ||||||
3 | day's continuance of a violation shall be a
separate offense. | ||||||
4 | Fines under this Section are recoverable by the sanitary
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5 | district in a civil action. The sanitary district is authorized | ||||||
6 | to apply
to the circuit court for injunctive relief or mandamus | ||||||
7 | when, in the opinion
of the chief administrative officer, the | ||||||
8 | relief is necessary
to protect the sewerage system of the | ||||||
9 | sanitary district.
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10 | The board of trustees shall have the authority to change | ||||||
11 | the name of the District, by ordinance, to the North Shore | ||||||
12 | Water Reclamation District. Any such name change shall not | ||||||
13 | impair the legal status of any act by the sanitary district. If | ||||||
14 | an ordinance is passed pursuant to this paragraph, all | ||||||
15 | provisions of this Act shall apply to the newly renamed | ||||||
16 | district. No rights, duties, or privilege of such sanitary | ||||||
17 | district or of any person existing before the change of name | ||||||
18 | shall be affected by the change in the name of the sanitary | ||||||
19 | district. All proceedings pending in any court relating to such | ||||||
20 | sanitary district may continue to final consummation under the | ||||||
21 | name in which they were commenced. | ||||||
22 | (Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
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23 | (70 ILCS 2305/7.6) | ||||||
24 | Sec. 7.6. Rates for treatment and disposal of sewage and | ||||||
25 | surface or ground water. The board of trustees shall have the |
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1 | authority by ordinance to establish, revise, and maintain rates | ||||||
2 | or charges for the treatment and disposal of sewage and surface | ||||||
3 | or ground water. Any user charge, industrial waste surcharge, | ||||||
4 | connection fee or connection-related fee, or industrial cost | ||||||
5 | recovery charge imposed by the sanitary district, together with | ||||||
6 | all penalties, interest, and costs imposed in connection | ||||||
7 | therewith, shall be liens against the real estate which | ||||||
8 | receives the service or benefit for which the charges are being | ||||||
9 | imposed; provided, however, such liens shall not attach to such | ||||||
10 | real estate until such charges or rates have become delinquent | ||||||
11 | as provided by the ordinance of the sanitary district and | ||||||
12 | provided further, that nothing in this Section shall be | ||||||
13 | construed to give the sanitary district a preference over the | ||||||
14 | rights of any purchaser, mortgagee, judgment creditor, or other | ||||||
15 | lien holder arising prior to the filing in the office of the | ||||||
16 | recorder of the county in which real estate is located of | ||||||
17 | notice of the lien, which notice shall consist of a sworn | ||||||
18 | statement setting out (1) a description of the real estate for | ||||||
19 | which the service or the benefit was rendered sufficient to | ||||||
20 | identify the real estate, (2) the amount or amounts of money | ||||||
21 | due for such service or benefit, and (3) the date or dates when | ||||||
22 | such amount or amounts became delinquent. The sanitary district | ||||||
23 | shall have the power to foreclose such lien in the same manner | ||||||
24 | and with the same effect as in the foreclosure of mortgages on | ||||||
25 | real estate. The payment of connection fees or | ||||||
26 | connection-related fees by the user or any other interested |
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1 | party is a condition for the continued connection of the real | ||||||
2 | property or any structure thereon. The sanitary district shall | ||||||
3 | have the authority to terminate all connections and service to | ||||||
4 | any real property or structure thereon if any connection fee or | ||||||
5 | connection-related fee is not paid within 60 days from the date | ||||||
6 | such payment is due by the user or any other party that has an | ||||||
7 | interest or subsequently acquires an interest in the property. | ||||||
8 | The assertion of liens against real estate by the sanitary | ||||||
9 | district to secure payment of user charges, industrial waste | ||||||
10 | surcharges, connection fee or connection-related fee, or | ||||||
11 | industrial cost recovery charges imposed by the sanitary | ||||||
12 | district as indicated in the previous paragraph shall be in | ||||||
13 | addition to any other remedy or right of recovery which the | ||||||
14 | sanitary district may have with respect to the collection or | ||||||
15 | recovery of such charges imposed by the sanitary district. | ||||||
16 | Judgment in a civil action brought by the sanitary district to | ||||||
17 | recover or collect such charges shall not operate as a release | ||||||
18 | and waiver of the lien upon the real estate for the amount of | ||||||
19 | the judgment. Only satisfaction of the judgment or the filing | ||||||
20 | of a release or satisfaction of lien shall release said lien. | ||||||
21 | The lien for charges on account of services or benefits | ||||||
22 | provided for in this Section and the rights created hereunder | ||||||
23 | shall be in addition to the lien upon real estate created by | ||||||
24 | and imposed for general real estate taxes.
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25 | (Source: P.A. 99-669, eff. 7-29-16.)
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1 | (70 ILCS 2305/7.8 new) | ||||||
2 | Sec. 7.8. Nutrient trading. | ||||||
3 | (a) The sanitary district may participate in any available | ||||||
4 | nutrient trading program in the State for meeting water quality | ||||||
5 | standards. | ||||||
6 | (b) The authorization granted to the sanitary district | ||||||
7 | under this Section shall not be construed as modifying or | ||||||
8 | limiting any other law or rule. Any actions taken pursuant to | ||||||
9 | this Section must be in compliance with all applicable laws and | ||||||
10 | rules, including, but not limited to, the Environmental | ||||||
11 | Protection Act and rules adopted under that Act. | ||||||
12 | (c) If the sanitary district participates in a nutrient | ||||||
13 | trading program under subsection (a), the sanitary district | ||||||
14 | shall give preference to trading investments: (i) that will | ||||||
15 | benefit low-income or rural communities; and (ii) where local | ||||||
16 | water quality improvements can be realized.
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17 | (70 ILCS 2305/11) (from Ch. 42, par. 287)
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18 | Sec. 11. Except as otherwise provided in this Section, all | ||||||
19 | contracts
for purchases or sales by the municipality, the | ||||||
20 | expense of which will exceed
the mandatory competitive bid | ||||||
21 | threshold, shall be let to the
lowest responsible bidder | ||||||
22 | therefor upon not less
than 14 days' public notice of the terms | ||||||
23 | and conditions upon which the contract
is to be let, having | ||||||
24 | been given by publication in a newspaper of general
circulation | ||||||
25 | published in the district, and the board may reject any and all
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1 | bids and readvertise. In determining the lowest responsible | ||||||
2 | bidder, the board
shall take into consideration the qualities | ||||||
3 | and serviceability of the articles
supplied, their conformity | ||||||
4 | with specifications, their suitability to the
requirements of | ||||||
5 | the district, the availability of support services, the
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6 | uniqueness of the service, materials, equipment, or supplies as | ||||||
7 | it applies to
network integrated computer systems, the | ||||||
8 | compatibility of the service,
materials, equipment or supplies | ||||||
9 | with existing equipment, and the delivery
terms. Contracts for | ||||||
10 | services in excess of the mandatory competitive bid
threshold | ||||||
11 | may, subject to the
provisions of this Section, be let by | ||||||
12 | competitive bidding at the discretion of
the district board of | ||||||
13 | trustees. All contracts for purchases or sales that
will not | ||||||
14 | exceed the mandatory competitive bid threshold may be made in | ||||||
15 | the open market without publication in a
newspaper as above | ||||||
16 | provided, but whenever practical shall be based on at least
3 | ||||||
17 | competitive bids. For purposes of this Section, the "mandatory | ||||||
18 | competitive
bid threshold"
is a dollar amount equal to 0.1% of | ||||||
19 | the total general fixed
assets of the district as reported in | ||||||
20 | the most recent required audit report.
In
no event, however, | ||||||
21 | shall the mandatory competitive bid threshold dollar amount
be | ||||||
22 | less than $10,000, nor more than $40,000.
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23 | Cash, a cashier's check, a
certified check, or a bid
bond | ||||||
24 | with adequate surety approved by the board of trustees as a | ||||||
25 | deposit of
good faith, in a reasonable amount, but not in | ||||||
26 | excess of 10% of the contract
amount, may be required of each |
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1 | bidder by the district on all bids involving
amounts in excess | ||||||
2 | of the mandatory competitive bid threshold and, if so
required, | ||||||
3 | the advertisement for bids shall so specify.
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4 | Contracts which by their nature are not adapted to award by | ||||||
5 | competitive
bidding, including, without limitation, contracts | ||||||
6 | for the services of
individuals, groups or firms possessing a | ||||||
7 | high degree of professional skill
where the ability or fitness | ||||||
8 | of the individual or organization plays an
important part, | ||||||
9 | contracts for financial management services undertaken
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10 | pursuant to "An Act relating to certain investments of public | ||||||
11 | funds by
public agencies", approved July 23, 1943, as now or | ||||||
12 | hereafter amended,
contracts for the purchase or sale of | ||||||
13 | utilities, contracts for commodities including supply | ||||||
14 | contracts for natural gas and electricity, contracts for | ||||||
15 | materials
economically procurable only from a single source of | ||||||
16 | supply, contracts for services, supplies, materials, parts, or | ||||||
17 | equipment which are available only from a single source or | ||||||
18 | contracts for maintenance, repairs, OEM supplies, or OEM parts | ||||||
19 | from the manufacturer or from a source authorized by the | ||||||
20 | manufacturer, contracts for
the use, purchase, delivery, | ||||||
21 | movement, or installation of
data processing equipment, | ||||||
22 | software, or services and telecommunications and
interconnect | ||||||
23 | equipment, software, or services, contracts for duplicating
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24 | machines and supplies, contracts for goods or services procured | ||||||
25 | from another
governmental agency, purchases of equipment | ||||||
26 | previously owned by an entity
other than the district itself, |
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1 | purchases of used equipment, purchases at auction or similar | ||||||
2 | transactions which by their very nature are not suitable to | ||||||
3 | competitive bids, and leases of real property where the | ||||||
4 | sanitary
district is the lessee shall not be subject to the | ||||||
5 | competitive bidding
requirements of this Section.
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6 | The District may use a design-build procurement method for | ||||||
7 | any public project which shall not be subject to the | ||||||
8 | competitive bidding requirements of this Section provided the | ||||||
9 | Board of Trustees approves the contract for the public project | ||||||
10 | by a vote of 4 of the 5 trustees. For the purposes of this | ||||||
11 | Section, "design-build" means a delivery system that provides | ||||||
12 | responsibility within a single contract for the furnishing of | ||||||
13 | architecture, engineering, land surveying and related services | ||||||
14 | as required, and the labor, materials, equipment, and other | ||||||
15 | construction services for the project. | ||||||
16 | In the case of an emergency affecting the public health or | ||||||
17 | safety so declared
by the Board of Trustees of the municipality | ||||||
18 | at a meeting thereof
duly convened, which declaration shall | ||||||
19 | require the affirmative vote of four
of the five Trustees, and | ||||||
20 | shall set forth the nature of the
danger to the public health | ||||||
21 | or safety, contracts totaling not more than the
emergency | ||||||
22 | contract cap
may be let to the extent necessary to
resolve such | ||||||
23 | emergency
without public advertisement or competitive bidding.
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24 | For purposes of this Section, the dollar amount of an emergency | ||||||
25 | contract shall not be less than $40,000,
nor more than $500,000 | ||||||
26 | $350,000 .
The Resolution
or Ordinance in which such declaration |
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1 | is embodied shall fix the date upon
which such emergency shall | ||||||
2 | terminate which date may be extended or abridged
by the Board | ||||||
3 | of Trustees as in their judgment the circumstances require. A
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4 | full written account of any such emergency, together with a | ||||||
5 | requisition for the
materials, supplies, labor or equipment | ||||||
6 | required therefor shall be submitted
immediately upon | ||||||
7 | completion and shall be open to public inspection for a
period | ||||||
8 | of at least one year subsequent to the date of such emergency | ||||||
9 | purchase.
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10 | To address operating emergencies not affecting the public | ||||||
11 | health or safety,
the
Board of Trustees shall authorize, in | ||||||
12 | writing, officials or employees of the
sanitary
district to | ||||||
13 | purchase in the open market and without advertisement any | ||||||
14 | supplies,
materials,
equipment, or services for immediate | ||||||
15 | delivery to meet the bona fide operating
emergency, without | ||||||
16 | filing a requisition or estimate therefor, in an amount not
in | ||||||
17 | excess of
$100,000; provided that the Board of Trustees must be | ||||||
18 | notified of the operating
emergency. A full, written account of | ||||||
19 | each operating emergency and a
requisition for the
materials, | ||||||
20 | supplies, equipment, and services required to meet the | ||||||
21 | operating
emergency
must be immediately submitted by the | ||||||
22 | officials or employees authorized to make
purchases to the
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23 | Board of
Trustees. The account must be available for public | ||||||
24 | inspection for a period of
at least one
year after the date of | ||||||
25 | the operating emergency purchase. The exercise of
authority | ||||||
26 | with
respect to purchases for a bona fide operating emergency |
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1 | is not dependent on a
declaration of an operating emergency by | ||||||
2 | the Board of Trustees.
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3 | The competitive bidding requirements of this Section do not | ||||||
4 | apply to contracts, including contracts for both materials and | ||||||
5 | services incidental thereto, for the repair or replacement of a | ||||||
6 | sanitary district's treatment plant, sewers, equipment, or | ||||||
7 | facilities damaged or destroyed as the result of a sudden or | ||||||
8 | unexpected occurrence, including, but not limited to, a flood, | ||||||
9 | fire, tornado, earthquake, storm, or other natural or man-made | ||||||
10 | disaster, if the board of trustees determines in writing that | ||||||
11 | the awarding of those contracts without competitive bidding is | ||||||
12 | reasonably necessary for the sanitary district to maintain | ||||||
13 | compliance with a permit issued under the National Pollution | ||||||
14 | Discharge Elimination System (NPDES) or any successor system or | ||||||
15 | with any outstanding order relating to that compliance issued | ||||||
16 | by the United States Environmental Protection Agency, the | ||||||
17 | Illinois Environmental Protection Agency, or the Illinois | ||||||
18 | Pollution Control Board. The authority to issue contracts | ||||||
19 | without competitive bidding
pursuant to this paragraph expires | ||||||
20 | 6 months after the date of the
writing determining that the | ||||||
21 | awarding of contracts without competitive bidding is | ||||||
22 | reasonably necessary. | ||||||
23 | No Trustee shall be interested, directly or indirectly, in | ||||||
24 | any contract,
work or business of the municipality, or in the | ||||||
25 | sale of any article, whenever
the expense, price or | ||||||
26 | consideration of the contract work, business or sale is
paid |
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1 | either from the treasury or by any assessment levied by any | ||||||
2 | Statute or
Ordinance. No Trustee shall be interested, directly | ||||||
3 | or indirectly, in the
purchase of any property which (1) | ||||||
4 | belongs to the municipality, or (2) is sold
for taxes or | ||||||
5 | assessments of the municipality, or (3) is sold by virtue of | ||||||
6 | legal
process in the suit of the municipality.
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7 | A contract for any work or other public improvement, to be | ||||||
8 | paid for in
whole or in part by special assessment or special | ||||||
9 | taxation, shall be entered
into and the
performance thereof | ||||||
10 | controlled by the provisions of Division 2 of
Article 9 of the | ||||||
11 | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | ||||||
12 | or hereafter amended, as near as may be. However, contracts
may | ||||||
13 | be let for making proper and suitable connections between the | ||||||
14 | mains
and outlets of the respective sanitary sewers in the | ||||||
15 | district with any
conduit, conduits, main pipe or pipes that | ||||||
16 | may be constructed by such
sanitary district.
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17 | (Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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