ISAWWA - Legislative Update

Where’s the Beef?

With only one week left until the scheduled adjournment of the spring legislative session, individual legislators are busy as beavers trying to beat next Friday’s deadline for passing bills. As in previous years, appropriations committees have been holding hearings and quizzing state agency personnel about budget requests. The atmosphere in the Capitol Building is such that an uninformed person would have little idea that the state of Illinois is very close to driving over the fiscal cliff. But so far the real budget talks, those between the legislative leaders and the Governor, have not yet begun. There may not be much to talk about, but if the targeted May 7 adjournment date is going to be a reality some fiscal plan and blueprint is going to have to be put on the table soon.

Last year, as the budget prognosis was getting bleaker by the day, large rallies were held at the Capitol on almost a weekly basis to encourage legislators to “do the right thing” and increase state revenues. This year, by contrast, there has been one huge rally attended by an approximate 15,000 people, but by and large demonstrations but they have been far smaller and much less demonstrative. Even with the state’s fiscal condition in far worse shape than last year. And the reason? Perhaps the realization that nothing revenue related will probably happen until after November’s elections. Or, with the Governor himself requesting an education-only increase, at least at this time, the wind may have been taken out of the sails of human services organizations that were the vocal stalwarts in the “Drive for Five” (the increase in the income tax rate to 5% as proposed in HB 174) in 2009.

The expectation is that sometime on or after May 7 the legislature will approve a lump sum budget and head for home. Whether additional borrowing is part of that plan is unknown, but since the approval of additional bonding authority requires a three-fifths majority it may be a difficult chore. Democrats do have a three-fifths vote in the Senate but are one vote shy in the House. There were also reports this week that House Democratic leaders were polling their members to determine their positions on various other points that may be in the mix as a new budget is crafted. Among those are granting the governor emergency fiscal powers, similar to powers given to Governor Edgar a number of years ago; an increase in the cigarette tax; a possible tax amnesty program; borrowing; tapping into the tobacco settlement funds, and program reductions, including human services programs.Stay tuned.

With one week to go there should be some plan details that could emerge shortly about the final budget product and whether or not any effort will be made to vote on any additional revenues to bolster the state’s eroding bottom line. The best guess is no. Will they hit the May 7 target adjournment date? That guess is also no, but it could be very close.


Skewed Battle Lines

In an interesting early twist to what may be a fairly “twistful” gubernatorial race, former Governor Jim Edgar did state Sen. Bill Brady, his party’s candidate, no favors when he made an appearance at Elmhurst College last week.

According to a Daily Herald report on April 9, Edgar commented that, in his opinion, Brady is wrong on Illinois' budget crisis. Edgar was quoted as saying, “There is no easy way out of the mess we are in.,” and "I give Governor Quinn credit for having the courage to call for a tax increase in an election year."

Edgar also mentioned that while it was his feeling that Brady truly believed he could solve the deficit problem without raising taxes, he thought that Brady needed to "flush out his budget policies" more. The report also indicated that previously Edgar had described Brady's plan for a 10 percent across-the-board cut "naïve.”

The criticism of Brady’s position on the budget deficit should not, however, be construed as any endorsement of Governor Quinn. In his remarks Edgar admonished Quinn to think before the makes statements, suggesting that Quinn’s frequent flip-flops have hurt his credibility.


Constitutional Amendments

Keep your eye on May 2, only a few days away. With the exception of proposed amendments to the Legislative Article, all proposed amendments to the Illinois Constitution must be approved by the General Assembly at least six months before they appear on the ballot. The Legislative Article is the only portion of the Constitution where amendments can be proposed via petition, but the six month deadline also applies.

Unlike other states, Illinois is limited to only three constitutional amendment referenda per general election. “Ah,” to quote Hamlet, “There’s the rub.” That limitation could be the Illinois “rub” as we progress toward May 2. Why? Redistricting, why else?

If the upcoming November elections end badly for Republicans and Democrats maintain control of the legislature and the governor’s office it will mark the first time since the adoption of the 1970 Illinois Constitution that one party will be able to control the redistricting process. If that were to come to pass it would also mean that Republicans most probably would be relegated to minority party status for the next decade. Obviously, the GOP wants no part of that so they’ve decided to join in an effort to try to change the redistricting process. There is a petition drive underway to put a redistricting constitutional amendment on the November ballot. Proponents claim it qualifies because it pertains to the legislature. Opponents, on the other hand, state that the constitution limits legislative changes to structure and procedure so a redistricting question would be out of bounds. If enough signatures are gathered and certified, the courts will have to decide what is in bounds or out.

But wait, there’s more. So as not to take chances just in case the redistricting reform movement does qualify for the ballot, legislative Democrats are eying that three question limitation. If they are able to approve three amendment questions before the redistricting question is certified then they may be able to squeeze it out. Last year a question was approved relating to gubernatorial recall so one ballot question will be appearing in November. A host of other ballot questions ranging from abolishing the office of Lieutenant Governor, to approving a graduated income tax, to providing for more explicit judicial qualifications have been introduced. To qualify for the ballot those questions must be approved by a three-fifths majority in both legislative chambers. Democrats have that number in the Senate but fall one vote short in the House. So, it may be that the “squeeze” strategy will fail.

The irony is that if places were reversed the Democrats and Republicans would be following the same game plans. One group trying to protect its constitutional right to remap, and the other wanting to promote a new way to insert “fairness” into the process. The definition of “fairness” in this case would be simply to “stop the other guy from controlling the process”. A second irony would occur if the GOP were able to capture one of the two legislative chambers or the governor’s office in November. It would give them a 50/50 shot at controlling the remap process, and they would be giving themselves a good kick for dallying into the world of reform and “fairness”.

DuPage Water Commission

It’s not unusual to have local problems acted upon by the state legislature. Sprinkle a bit of politics into the mix and things can get pretty interesting on the road to resolution. When charges of mismanagement were levied at the DuPage Water Commission a few months ago the presumptive winner of the race to the helm of the DuPage County Board, state Sen. Dan Cronin, jumped into action, introducing legislation (SB 580) to rectify the problem by abolishing the Commission and transferring its authority to DuPage County government. Various iterations of the legislation followed and debate raged both about the propriety of abolishing the Commission and the manner in which such action, if any, should be taken. The ISAWWA position is that since the Commission was created by voter referendum it should be abolished in the same manner.

This past week a breakthrough occurred that may resolve the issue and limit the resolution to the DuPage County Water Commission itself. The proposed amendment terminates the appointments of current board members. New members will be appointed by the DuPage County Board. The legislation also specifies the powers and duties of various Commission personnel. Lastly, the proposal specifies that beginning June 1, 2016 any taxes currently imposed will no longer be continued unless approved by referendum.

The bill in its amended form was approved by the House on April 30 by a vote of 111-1-3. It now goes back to the Senate for approval of the House amendment.

Legislation of Interest

The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. A re-referral generally indicates that a bill will no longer be considered. However, some sponsors will file motions asking for extended deadlines. Those requests are honored in some limited cases.

HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House – Re-referred to Rules Committee - Dead)

HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House – Re-referred to Rules Committee - Dead)

HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House – Re-referred to Rules Committee - Dead)

HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House – Re-referred to Rules Committee - Dead)

HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House – Re-referred to Rules Committee - Dead)

HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House – Re-referred to Rules Committee - Dead)

HB 6120 - Makes it a violation to fail to (1) submit to the Agency a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit. Authorizes certain violations of the Act and rules adopted under its authority to be enforced by administrative citation. (Current Status – Re-referred to Rules Committee - Dead)

SB 580 – DuPage Water Commission. (Current Status – Passed House; Senate - Concurrence)

SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Passed Senate; House – Executive Committee)

SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Passed House; Senate - Concurrence)