TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 4, 2024
COMMITTEE ON STATE LEGISLATION AND RULES
The Honorable Kari K. Steele, President and Members of the Board of Commissioners
Title
Recommendations for the State of Illinois 2024 Legislative Program
Body
I respectfully submit the following legislative initiatives and recommendations to the Board of Commissioners for their consideration and guidance.
Legislative Initiative No. 1
Amend District Act to increase mandatory non-emergency and emergency bidding thresholds on District contracts. The current statutory mandatory competitive bid thresholds for District contracts and purchase orders is $40,000 and for operating emergencies is $50,000. These thresholds have been in place since at least 2009 and have not been adjusted for inflation.
This initiative would increase the mandatory competitive bid thresholds on non-emergency contracts and operating emergency contracts to $100,000. This initiative will increase efficiency and allow work orders to be completed more quickly to effectively meet the District’s operating needs.
Legislative Initiative No. 2
Amend District Act to create the Diversity, Equity, Inclusion & Justice Department. The District, as a non-home rule special district unit of local government, has only those limited powers expressly granted to it by statute or those powers necessarily implied by its express statutory authority.
70 ILCS 2605/4 sets forth the powers and duties of commissioners and the Executive Director and statutorily sets forth the various District departments and officers and specifically states, “No other departments or heads of departments may be created without subsequent amendment to this Act.” This same statutory section also mandates that the Board “shall establish the policies and goals,” of the District.
Legislative Initiative No. 3
Amend the District Act to create the position of Deputy Executive Director. The justifications for this new position include observing that the Executive Director oversees nine departments and reports to nine Board members and adding a Deputy Executive Director would allow for a more streamlined delegation and managing of day-to-day operations.
Legislative Initiative No. 4
Amend the District Act by adding the word “aides,” to describe those employees working directly for individual commissioners. Currently, employees who work directly for commissioners are referred to in statute as “secretaries.”
Adding the word “aide,” will more accurately reflect the position.
Legislative Initiative No. 5
Work with the Illinois Association of Wastewater Agencies (IAWA) to amend the Illinois Department of Transportation (IDOT) Right of Way (ROW) requirements to reimburse the District to move infrastructure when required.
Many sanitary districts throughout Illinois have infrastructure within an IDOT ROW. With increases in roadway funding, IDOT is increasingly calling on sanitary districts to move, often upon short notice, infrastructure within the IDOT ROW, without accounting for the timing or costs of moving such infrastructure. By statute, IDOT can bill sanitary districts for the cost of moving such infrastructure.
This initiative would amend the Illinois Highways Code, 605 ILCS 5/9-113(f) and related sections as needed so that sanitary districts are not liable for these costs. IAWA has approved this initiative as part of its 2024 Legislative Agenda. With the District being a dues paying member of IAWA, it is recommended that the District support IAWA in advocating for this change to Illinois law.
Legislative Initiative No. 6
Identify opportunities to support legislation pertaining to the following concepts: Disadvantaged Business Enterprise (DBE) utilization; municipal & wastewater funding; disaster/emergency relief legislation and PFAS.
It is anticipated that legislation may be introduced in the Illinois General Assembly (ILGA) 2024 spring session pertaining to the above-referenced concepts. The Board has identified these concepts as being important policy considerations in which the District should seek opportunities to engage and support legislation that may be consistent with the District’s statutory mission pertaining to wastewater, stormwater, resource recovery and related services.
It is recommended that the District support these legislative initiatives in concept subject to staff review of actual bill language filed in the ILGA. If such bills are filed in the ILGA, a future Board letter would be brought forward recommending support of specific bills.
Recommended, Brian A. Perkovich, Executive Director, BAP:STM:BO’C:nl
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for January 4, 2024