TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 21, 2021
COMMITTEE ON STATE LEGISLATION AND RULES
The Honorable Kari K. Steele, President and Members of the Board of Commissioners
Title
Recommendation for the State of Illinois 2021 Legislative Program
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I respectfully submit the following legislative initiatives and recommendations to the Board of Commissioners for their consideration and guidance.
Legislative Initiative No. 1
Amend the District’s Act to allow the District’s Board of Commissioners the authority to transfer excess revenue from any source legally available for that purpose to the District’s pension fund. Currently, the District only has the statutory authority to transfer property tax and interest income sources to the District’s pension fund. There are times when excess revenues become available from other sources such that it would be helpful for the District’s Board of Commissioners to decide to transfer these excess revenues to the District’s pension fund.
For example, the City of Chicago has declared a surplus in certain tax increment financing (TIF) districts in 2020, such that the TIF surplus declared was re-distributed to the units of government whose revenues have gone into the TIF districts. Other examples of revenue sources that may occasionally provide excess revenue, include but are not necessarily limited to personal property replacement tax and resource recovery.
The goal of the legislative initiative would be to amend the District Act to provide the District’s Board of Commissioners the flexibility to make decisions on excess revenue as they come up from time to time in the future. If the District’s Board of Commissioners decides to transfer excess revenue to the pension fund, such an action would be brought forth at a public meeting of the District’s Board of Commissioners and would require a two-thirds vote approving such action.
On January 13, the Illinois General Assembly (ILGA) passed Senate Bill 1805 (SB 1805), which is this legislative initiative, originally approved by the District’s Board of Commissioners on February 6, 2020. Once SB 1805 is transmitted to the Governor, he will have up to sixty days to act, or SB 1805 automatically becomes law. Because SB 1805 is not yet a public act, it is recommended that this item remain as an initiative for the State of Illinois 2021 Legislative Program.
Legislative Initiative No. 2
Amend the District’s Act to explicitly grant the District authorization to enforce the Watershed Management Ordinance (WMO) through issuance of violations and assessment of civil penalties along with the authority to place liens on property for the non-payment of assessed civil penalties.
The District currently has the implicit authority to issue civil penalties for violations of the WMO but does not have the authority to file liens on real property for non-payment of said penalties. This amendment to the District Act would grant the District explicit authority to issue civil penalties for violations of the WMO and give the District the authority to place liens on property for the non-payment of assessed civil penalties, similar to the explicit statutory authority the District has for the User Charge Ordinance. (should we reference that this proposed amendment is consistent with the User Charge ordinance)
Legislative Initiative No. 3
Support a statewide legislative initiative on the proper labeling of “flushable” wipes. The use of disposable disinfecting wipes has increased substantially in recent years. Although some disposable wipes can safely be flushed down a toilet, most cannot as they do not disintegrate in water.
Legislation has been discussed that would require non-flushable wipes to be prominently labeled as non-flushable and require manufacturers to develop a public education and outreach campaign regarding product labels and whether disposable wipes can be flushed.
It is recommended that the District support this as a legislative initiative in concept subject to staff review of actual bill language filed in the ILGA. If such a bill is filed in the ILGA, a future Board letter would be brought forward recommending support of a specific bill.
Legislative Initiative No. 4
Support pharmaceutical takeback legislation if introduced. There is an increasing prevalence of unused pharmaceuticals being flushed down toilets. Water reclamation plants are not designed to remove pharmaceuticals from water during the wastewater treatment process and treated effluent with detectable concentrations of various pharmaceuticals makes its way back into the drinking and/or potable use water system such that it is ingested by humans, animals, and plants. Consequently, unused and improperly disposed pharmaceuticals threaten public health and the environment.
It is anticipated that legislation will be introduced in the ILGA creating an Extended Producer Responsibility (EPR) program requiring drug manufacturers to develop, implement and pay for a prescription drug take-back program for residents to safely dispose of their unused drugs.
It is recommended that the District support this as a legislative initiative in concept subject to staff review of actual bill language filed in the ILGA. If such a bill is filed in the ILGA, a future Board letter would be brought forward recommending support of a specific bill.
Recommended, Brian A. Perkovich, Executive Director, BAP:STM:BO’C:mmv
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for January 21, 2021