Rep. Mike Fortner

Filed: 4/21/2017

 

 


 

 


 
10000HB2756ham001LRB100 10268 AWJ 25344 a

1
AMENDMENT TO HOUSE BILL 2756

2    AMENDMENT NO. ______. Amend House Bill 2756 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 5-1062, 5-1062.2, and 5-1062.3 as follows:
 
6    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
7    Sec. 5-1062. Stormwater management.
8    (a) The purpose of this Section is to allow management and
9mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the Chicago Metropolitan Agency for Planning Northeastern
12Illinois Planning Commission, and references to "county" in
13this Section shall apply only to those counties. This Section
14shall not apply to any county with a population in excess of
151,500,000, except as provided in subsection (c). The purpose of
16this Section shall be achieved by:

 

 

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1        (1) consolidating the existing stormwater management
2    framework into a united, countywide structure;
3        (2) setting minimum standards for floodplain and
4    stormwater management with an emphasis on the use of
5    cost-effective, nature-based solutions to flooding
6    problems, including, but not limited to, solutions that
7    restore or enhance the natural hydrologic cycle by
8    increasing infiltration, evapotranspiration, and the
9    collection of runoff for reuse as appropriate considering
10    the local conditions that as a byproduct also results in
11    improved water conditions; and
12        (3) preparing a countywide plan for the management of
13    stormwater runoff, including the management of natural and
14    man-made drainageways. The countywide plan may incorporate
15    watershed plans and shall evaluate and address flooding
16    problems that exist in urbanized areas that are a result of
17    urban flooding.
18    (b) A stormwater management planning committee shall be
19established by county board resolution, with its membership
20consisting of equal numbers of county board and municipal
21representatives from each county board district, and such other
22members as may be determined by the county and municipal
23members. However, if the county has more than 6 county board
24districts, the county board may by ordinance divide the county
25into not less than 6 areas of approximately equal population,
26to be used instead of county board districts for the purpose of

 

 

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1determining representation on the stormwater management
2planning committee.
3    The county board members shall be appointed by the chairman
4of the county board. Municipal members from each county board
5district or other represented area shall be appointed by a
6majority vote of the mayors of those municipalities which have
7the greatest percentage of their respective populations
8residing in such county board district or other represented
9area. All municipal and county board representatives shall be
10entitled to a vote; the other members shall be nonvoting
11members, unless authorized to vote by the unanimous consent of
12the municipal and county board representatives. A municipality
13that is located in more than one county may choose, at the time
14of formation of the stormwater management planning committee
15and based on watershed boundaries, to participate in the
16stormwater management planning program of either or both of the
17counties. Subcommittees of the stormwater management planning
18committee may be established to serve a portion of the county
19or a particular drainage basin that has similar stormwater
20management needs. The stormwater management planning committee
21shall adopt by-laws, by a majority vote of the county and
22municipal members, to govern the functions of the committee and
23its subcommittees. Officers of the committee shall include a
24chair and vice chair, one of whom shall be a county
25representative and one a municipal representative.
26    The principal duties of the committee shall be to develop a

 

 

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1stormwater management plan for presentation to and approval by
2the county board, and to direct the plan's implementation and
3revision. The committee may retain engineering, legal and
4financial advisors and inspection personnel. The committee
5shall meet at least quarterly and shall hold at least one
6public meeting during the preparation of the plan and prior to
7its submittal to the county board. The committee may make
8grants to: (1) units of local government; (2) not-for-profit
9organizations; and (3) landowners. In order for a municipality
10located partially or wholly within a mapped floodplain to
11receive grant moneys, the municipality must be a member in the
12Federal Emergency Management Agency's National Flood Insurance
13Program. A municipality receiving grant moneys must have
14adopted an ordinance requiring actions consistent with the
15stormwater management plan. Use of the grant moneys must be
16consistent with the stormwater management plan.
17    (c) In the preparation of a stormwater management plan, a
18county stormwater management planning committee shall
19coordinate the planning process with each adjoining county to
20ensure that recommended stormwater projects will have no
21significant impact on the levels or flows of stormwaters in
22inter-county watersheds or on the capacity of existing and
23planned stormwater retention facilities. An adopted stormwater
24management plan shall identify steps taken by the county to
25coordinate the development of plan recommendations with
26adjoining counties.

 

 

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1    (d) (Blank).
2    (e) Prior to recommending the plan to the county board, the
3stormwater management planning committee shall hold at least
4one public hearing thereon and shall afford interested persons
5an opportunity to be heard. The hearing shall be held in the
6county seat. Notice of the hearing shall be published at least
7once no less than 15 days in advance thereof in a newspaper of
8general circulation published in the county. The notice shall
9state the time and place of the hearing and the place where
10copies of the proposed plan will be accessible for examination
11by interested parties. If an affected municipality having a
12stormwater management plan adopted by ordinance wishes to
13protest the proposed county plan provisions, it shall appear at
14the hearing and submit in writing specific proposals to the
15stormwater management planning committee. After consideration
16of the matters raised at the hearing, the committee may amend
17or approve the plan and recommend it to the county board for
18adoption.
19    The county board may enact the proposed plan by ordinance.
20If the proposals for modification of the plan made by an
21affected municipality having a stormwater management plan are
22not included in the proposed county plan, and the municipality
23affected by the plan opposes adoption of the county plan by
24resolution of its corporate authorities, approval of the county
25plan shall require an affirmative vote of at least two-thirds
26of the county board members present and voting. If the county

 

 

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1board wishes to amend the county plan, it shall submit in
2writing specific proposals to the stormwater management
3planning committee. If the proposals are not approved by the
4committee, or are opposed by resolution of the corporate
5authorities of an affected municipality having a municipal
6stormwater management plan, amendment of the plan shall require
7an affirmative vote of at least two-thirds of the county board
8members present and voting.
9    (f) The county board may prescribe by ordinance reasonable
10rules and regulations for floodplain or stormwater management
11and for governing the location, width, course and release rate
12of all stormwater runoff channels, streams and basins in the
13county, in accordance with the adopted stormwater management
14plan. These rules and regulations shall, at a minimum, meet the
15standards for floodplain management established by the Office
16of Water Resources and the requirements of the Federal
17Emergency Management Agency for participation in the National
18Flood Insurance Program.
19    (g) In accordance with, and if recommended in, the adopted
20stormwater management plan, the county board may adopt a
21schedule of fees as may be necessary to mitigate the effects of
22increased stormwater runoff resulting from new development.
23The fees shall not exceed the cost of satisfying the onsite
24stormwater retention or detention requirements of the adopted
25stormwater management plan. The fees shall be used to finance
26activities undertaken by the county or its included

 

 

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1municipalities to mitigate the effects of urban stormwater
2runoff by providing regional stormwater retention or detention
3facilities, as identified in the county plan. All such fees
4collected by the county shall be held in a separate fund, and
5shall be expended only in the watershed within which they were
6collected.
7    (h) For the purpose of implementing this Section and for
8the development, design, planning, construction, operation and
9maintenance of stormwater facilities provided for in the
10stormwater management plan, a county board that has established
11a stormwater management planning committee pursuant to this
12Section may cause an annual tax of not to exceed 0.20% of the
13value, as equalized or assessed by the Department of Revenue,
14of all taxable property in the county to be levied upon all the
15taxable property in the county. The tax shall be in addition to
16all other taxes authorized by law to be levied and collected in
17the county and shall be in addition to the maximum tax rate
18authorized by law for general county purposes. The 0.20%
19limitation provided in this Section may be increased or
20decreased by referendum in accordance with the provisions of
21Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
22    Any revenues generated as a result of ownership or
23operation of facilities or land acquired with the tax funds
24collected pursuant to this subsection (h) shall be held in a
25separate fund and be used either to abate such property tax or
26for implementing this Section.

 

 

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1    However, unless at least part of the county has been
2declared after July 1, 1986 by presidential proclamation to be
3a disaster area as a result of flooding, the tax authorized by
4this subsection (h) shall not be levied until the question of
5its adoption, either for a specified period or indefinitely,
6has been submitted to the electors thereof and approved by a
7majority of those voting on the question. This question may be
8submitted at any election held in the county after the adoption
9of a resolution by the county board providing for the
10submission of the question to the electors of the county. The
11county board shall certify the resolution and proposition to
12the proper election officials, who shall submit the proposition
13at an election in accordance with the general election law. If
14a majority of the votes cast on the question is in favor of the
15levy of the tax, it may thereafter be levied in the county for
16the specified period or indefinitely, as provided in the
17proposition. The question shall be put in substantially the
18following form:
19-------------------------------------------------------------
20    Shall an annual tax be levied
21for stormwater management purposes            YES
22(for a period of not more than
23...... years) at a rate not exceeding      ------------------
24.....% of the equalized assessed
25value of the taxable property of              NO
26........ County?

 

 

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1-------------------------------------------------------------
2    (i) Upon the creation and implementation of a county
3stormwater management plan, the county may petition the circuit
4court to dissolve any or all drainage districts created
5pursuant to the Illinois Drainage Code or predecessor Acts
6which are located entirely within the area of the county
7covered by the plan.
8    However, any active drainage district implementing a plan
9that is consistent with and at least as stringent as the county
10stormwater management plan may petition the stormwater
11management planning committee for exception from dissolution.
12Upon filing of the petition, the committee shall set a date for
13hearing not less than 2 weeks, nor more than 4 weeks, from the
14filing thereof, and the committee shall give at least one
15week's notice of the hearing in one or more newspapers of
16general circulation within the district, and in addition shall
17cause a copy of the notice to be personally served upon each of
18the trustees of the district. At the hearing, the committee
19shall hear the district's petition and allow the district
20trustees and any interested parties an opportunity to present
21oral and written evidence. The committee shall render its
22decision upon the petition for exception from dissolution based
23upon the best interests of the residents of the district. In
24the event that the exception is not allowed, the district may
25file a petition within 30 days of the decision with the circuit
26court. In that case, the notice and hearing requirements for

 

 

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1the court shall be the same as herein provided for the
2committee. The court shall likewise render its decision of
3whether to dissolve the district based upon the best interests
4of residents of the district.
5    The dissolution of any drainage district shall not affect
6the obligation of any bonds issued or contracts entered into by
7the district nor invalidate the levy, extension or collection
8of any taxes or special assessments upon the property in the
9former drainage district. All property and obligations of the
10former drainage district shall be assumed and managed by the
11county, and the debts of the former drainage district shall be
12discharged as soon as practicable.
13    If a drainage district lies only partly within a county
14that adopts a county stormwater management plan, the county may
15petition the circuit court to disconnect from the drainage
16district that portion of the district that lies within that
17county. The property of the drainage district within the
18disconnected area shall be assumed and managed by the county.
19The county shall also assume a portion of the drainage
20district's debt at the time of disconnection, based on the
21portion of the value of the taxable property of the drainage
22district which is located within the area being disconnected.
23    The operations of any drainage district that continues to
24exist in a county that has adopted a stormwater management plan
25in accordance with this Section shall be in accordance with the
26adopted plan.

 

 

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1    (j) Any county that has adopted a county stormwater
2management plan under this Section may, after 10 days written
3notice to the owner or occupant, enter upon any lands or waters
4within the county for the purpose of inspecting stormwater
5facilities or causing the removal of any obstruction to an
6affected watercourse. The county shall be responsible for any
7damages occasioned thereby.
8    (k) Upon petition of the municipality, and based on a
9finding of the stormwater management planning committee, the
10county shall not enforce rules and regulations adopted by the
11county in any municipality located wholly or partly within the
12county that has a municipal stormwater management ordinance
13that is consistent with and at least as stringent as the county
14plan and ordinance, and is being enforced by the municipal
15authorities.
16    (l) A county may issue general obligation bonds for
17implementing any stormwater plan adopted under this Section in
18the manner prescribed in Section 5-1012; except that the
19referendum requirement of Section 5-1012 shall not apply to
20bonds issued pursuant to this Section on which the principal
21and interest are to be paid entirely out of funds generated by
22the taxes and fees authorized by this Section.
23    (m) The powers authorized by this Section may be
24implemented by the county board for a portion of the county
25subject to similar stormwater management needs.
26    (n) The powers and taxes authorized by this Section are in

 

 

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1addition to the powers and taxes authorized by Division 5-15;
2in exercising its powers under this Section, a county shall not
3be subject to the restrictions and requirements of that
4Division.
5    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
6Article VII of the Illinois Constitution, this Section
7specifically denies and limits the exercise of any power which
8is inconsistent herewith by home rule units in any county with
9a population of less than 1,500,000 in the area served by the
10Chicago Metropolitan Agency for Planning Northeastern Illinois
11Planning Commission. This Section does not prohibit the
12concurrent exercise of powers consistent herewith.
13    (p) As used in this Section:
14    "Urban flooding" means the flooding of public and private
15land in urban communities that results from stormwater or
16snowmelt runoff overwhelming the existing drainage
17infrastructure, unrelated to the overflow of any river or lake,
18whether or not that land is located in or near a floodplain.
19    "Urbanized areas" means a statistical geographic entity
20consisting of a densely settled core created from census tracts
21or blocks and contiguous qualifying territory that together
22have a minimum population of at least 50,000 persons and has
23been delineated as an urbanized area by the United States
24Census Bureau after the most recent decennial census.
25(Source: P.A. 97-916, eff. 8-9-12.)
 

 

 

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1    (55 ILCS 5/5-1062.2)
2    Sec. 5-1062.2. Stormwater management.
3    (a) The purpose of this Section is to allow management and
4mitigation of the effects of urbanization on stormwater
5drainage in the metropolitan counties of Madison, St. Clair,
6Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
7as well as all counties containing all or a part of an
8urbanized area and references to "county" in this Section apply
9only to those counties. This Section does not apply to counties
10in the Chicago Metropolitan Agency for Planning Northeastern
11Illinois Planning Commission that are granted authorities in
12Section 5-1062. The purpose of this Section shall be achieved
13by:
14        (1) Consolidating the existing stormwater management
15    framework into a united, countywide structure.
16        (2) Setting minimum standards for floodplain and
17    stormwater management, with an emphasis on the use of cost
18    effective, nature-based solutions to flooding problems,
19    including, but not limited to, solutions that restore or
20    enhance the natural hydrologic cycle by increasing
21    infiltration, evapotranspiration, and the collection of
22    runoff for reuse as appropriate considering the local
23    conditions that as a byproduct also results in improved
24    water conditions.
25        (3) Preparing a countywide plan for the management of
26    stormwater runoff, including the management of natural and

 

 

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1    man-made drainageways. The countywide plan may incorporate
2    watershed plans and shall evaluate and address flooding
3    problems that exist in urbanized areas that are a result of
4    urban flooding.
5    (a-5) This Section also applies to all counties not
6otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
7the question of allowing the county board to establish a
8stormwater management planning council has been submitted to
9the electors of the county and approved by a majority of those
10voting on the question.
11    (b) A stormwater management planning committee may be
12established by county board resolution, with its membership
13consisting of equal numbers of county board and municipal
14representatives from each county board district, drainage
15district, and soil and water conservation district and such
16other members as may be determined by the county and municipal
17members. If the county has more than 6 county board districts,
18however, the county board may by ordinance divide the county
19into not less than 6 areas of approximately equal population,
20to be used instead of county board districts for the purpose of
21determining representation on the stormwater management
22planning committee.
23    The county board members shall be appointed by the chairman
24of the county board. Municipal members from each county board
25district or other represented area shall be appointed by a
26majority vote of the mayors of those municipalities that have

 

 

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1the greatest percentage of their respective populations
2residing in that county board district or other represented
3area. All municipal, and county board, drainage district, and
4soil and water conservation district representatives shall be
5entitled to a vote; the other members shall be nonvoting
6members, unless authorized to vote by the unanimous consent of
7the voting member of the committee; however, Madison, St.
8Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and
9Boone counties shall not have drainage district or soil and
10water conservation the municipal and county board
11representatives. A municipality that is located in more than
12one county may choose, at the time of formation of the
13stormwater management planning committee and based on
14watershed boundaries, to participate in the stormwater
15management planning program of either or both of the counties.
16Subcommittees of the stormwater management planning committee
17may be established to serve a portion of the county or a
18particular drainage basin that has similar stormwater
19management needs. The stormwater management planning committee
20shall adopt bylaws, by a majority vote of the county and
21municipal members, to govern the functions of the committee and
22its subcommittees. Officers of the committee shall include a
23chair and vice chair, one of whom shall be a county
24representative and one a municipal representative.
25    The principal duties of the committee shall be to develop a
26stormwater management plan for presentation to and approval by

 

 

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1the county board, and to direct the plan's implementation and
2revision. The committee may retain engineering, legal, and
3financial advisors and inspection personnel. The committee
4shall meet at least quarterly and shall hold at least one
5public meeting during the preparation of the plan and prior to
6its submittal to the county board. The committee may make
7grants to: (1) units of local government; (2) not-for-profit
8organizations; and (3) landowners. In order for a municipality
9located partially or wholly within a mapped floodplain to
10receive grant moneys, the municipality must be a member in the
11Federal Emergency Management Agency's National Flood Insurance
12Program. A municipality receiving grant moneys must that have
13adopted an ordinance requiring actions consistent with the
14stormwater management plan. Use and to landowners for the
15purposes of stormwater management, including special projects;
16use of the grant money must be consistent with the stormwater
17management plan.
18    The committee shall not have or exercise any power of
19eminent domain.
20    (c) In the preparation of a stormwater management plan, a
21county stormwater management planning committee shall
22coordinate the planning process with each adjoining county to
23ensure that recommended stormwater projects will have no
24significant impact on the levels or flows of stormwaters in
25inter-county watersheds or on the capacity of existing and
26planned stormwater retention facilities. An adopted stormwater

 

 

10000HB2756ham001- 17 -LRB100 10268 AWJ 25344 a

1management plan shall identify steps taken by the county to
2coordinate the development of plan recommendations with
3adjoining counties.
4    (d) The stormwater management committee may not enforce any
5rules or regulations that would interfere with (i) any power
6granted by the Illinois Drainage Code (70 ILCS 605/) to
7operate, construct, maintain, or improve drainage systems or
8(ii) the ability to operate, maintain, or improve the drainage
9systems used on or by land or a facility used for production
10agriculture purposes, as defined in the Use Tax Act (35 ILCS
11105/), except newly constructed buildings and newly installed
12impervious paved surfaces. Disputes regarding an exception
13shall be determined by a mutually agreed upon arbitrator paid
14by the disputing party or parties.
15    (e) Before the stormwater management planning committee
16recommends to the county board a stormwater management plan for
17the county or a portion thereof, it shall submit the plan to
18the Office of Water Resources of the Department of Natural
19Resources for review and recommendations. The Office, in
20reviewing the plan, shall consider such factors as impacts on
21the levels or flows in rivers and streams and the cumulative
22effects of stormwater discharges on flood levels. The Office of
23Water Resources shall determine whether the plan or ordinances
24enacted to implement the plan complies with the requirements of
25subsection (f). Within a period not to exceed 60 days, the
26review comments and recommendations shall be submitted to the

 

 

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1stormwater management planning committee for consideration.
2Any amendments to the plan shall be submitted to the Office for
3review.
4    (f) Prior to recommending the plan to the county board, the
5stormwater management planning committee shall hold at least
6one public hearing thereon and shall afford interested persons
7an opportunity to be heard. The hearing shall be held in the
8county seat. Notice of the hearing shall be published at least
9once no less than 15 days in advance of the hearing in a
10newspaper of general circulation published in the county. The
11notice shall state the time and place of the hearing and the
12place where copies of the proposed plan will be accessible for
13examination by interested parties. If an affected municipality
14having a stormwater management plan adopted by ordinance wishes
15to protest the proposed county plan provisions, it shall appear
16at the hearing and submit in writing specific proposals to the
17stormwater management planning committee. After consideration
18of the matters raised at the hearing, the committee may amend
19or approve the plan and recommend it to the county board for
20adoption.
21    The county board may enact the proposed plan by ordinance.
22If the proposals for modification of the plan made by an
23affected municipality having a stormwater management plan are
24not included in the proposed county plan, and the municipality
25affected by the plan opposes adoption of the county plan by
26resolution of its corporate authorities, approval of the county

 

 

10000HB2756ham001- 19 -LRB100 10268 AWJ 25344 a

1plan shall require an affirmative vote of at least two-thirds
2of the county board members present and voting. If the county
3board wishes to amend the county plan, it shall submit in
4writing specific proposals to the stormwater management
5planning committee. If the proposals are not approved by the
6committee, or are opposed by resolution of the corporate
7authorities of an affected municipality having a municipal
8stormwater management plan, amendment of the plan shall require
9an affirmative vote of at least two-thirds of the county board
10members present and voting.
11    (g) The county board may prescribe by ordinance reasonable
12rules and regulations for floodplain or stormwater management
13and for governing the location, width, course, and release rate
14of all stormwater runoff channels, streams, and basins in the
15county, in accordance with the adopted stormwater management
16plan. Land, facilities, and drainage district facilities used
17for production agriculture as defined in subsection (d) shall
18not be subjected to regulation by the county board or
19stormwater management committee under this Section for
20floodplain management and for governing location, width,
21course, maintenance, and release rate of stormwater runoff
22channels, streams and basins, or water discharged from a
23drainage district. These rules and regulations shall, at a
24minimum, meet the standards for floodplain management
25established by the Office of Water Resources and the
26requirements of the Federal Emergency Management Agency for

 

 

10000HB2756ham001- 20 -LRB100 10268 AWJ 25344 a

1participation in the National Flood Insurance Program. The
2Commission may not impose more stringent regulations regarding
3water quality on entities discharging in accordance with a
4valid National Pollution Discharge Elimination System permit
5issued under the Environmental Protection Act.
6    (h) In accordance with, and if recommended in, the adopted
7stormwater management plan, the county board may adopt a
8schedule of fees as may be necessary to mitigate the effects of
9increased stormwater runoff resulting from new development
10based on actual costs. The fees shall not exceed the cost of
11satisfying the onsite stormwater retention or detention
12requirements of the adopted stormwater management plan. The
13fees shall be used to finance activities undertaken by the
14county or its included municipalities to mitigate the effects
15of urban stormwater runoff by providing regional stormwater
16retention or detention facilities, as identified in the county
17plan. The county board shall provide for a credit or reduction
18in fees for any onsite retention, detention, drainage district
19assessments, or other similar stormwater facility that the
20developer is required to construct consistent with the
21stormwater management ordinance. All these fees collected by
22the county shall be held in a separate fund, and shall be
23expended only in the watershed within which they were
24collected.
25    (i) For the purpose of implementing this Section and for
26the development, design, planning, construction, operation,

 

 

10000HB2756ham001- 21 -LRB100 10268 AWJ 25344 a

1and maintenance of stormwater facilities provided for in the
2stormwater management plan, a county board that has established
3a stormwater management planning committee pursuant to this
4Section may cause an annual tax of not to exceed 0.20% of the
5value, as equalized or assessed by the Department of Revenue,
6of all taxable property in the county to be levied upon all the
7taxable property in the county or occupation and use taxes of
81/10 of one cent. The property tax shall be in addition to all
9other taxes authorized by law to be levied and collected in the
10county and shall be in addition to the maximum tax rate
11authorized by law for general county purposes. The 0.20%
12limitation provided in this Section may be increased or
13decreased by referendum at a general election in accordance
14with the provisions of Sections 18-120, 18-125, and 18-130 of
15the Property Tax Code (35 ILCS 200/).
16    Any revenues generated as a result of ownership or
17operation of facilities or land acquired with the tax funds
18collected pursuant to this subsection shall be held in a
19separate fund and be used either to abate such property tax or
20for implementing this Section.
21    However, the tax authorized by this subsection shall not be
22levied until the question of its adoption, either for a
23specified period or indefinitely, has been submitted to the
24electors thereof and approved by a majority of those voting on
25the question. This question may be submitted at any general
26election held in the county after the adoption of a resolution

 

 

10000HB2756ham001- 22 -LRB100 10268 AWJ 25344 a

1by the county board providing for the submission of the
2question to the electors of the county. The county board shall
3certify the resolution and proposition to the proper election
4officials, who shall submit the proposition at an election in
5accordance with the general election law. If a majority of the
6votes cast on the question is in favor of the levy of the tax,
7it may thereafter be levied in the county for the specified
8period or indefinitely, as provided in the proposition. The
9question shall be put in substantially the following form:
10        Shall an annual tax be levied for stormwater management
11    purposes (for a period of not more than ..... years) at a
12    rate not exceeding .....% of the equalized assessed value
13    of the taxable property of ..... County?
14Or this question may be submitted at any general election held
15in the county after the adoption of a resolution by the county
16board providing for the submission of the question to the
17electors of the county to authorize use and occupation taxes of
181/10 of one cent:
19        Shall use and occupation taxes be raised for stormwater
20    management purposes (for a period of not more than .....
21    years) at a rate of 1/10 of one cent for taxable goods in
22    ..... County?
23    Votes shall be recorded as Yes or No.
24    (j) For those counties that adopt a property tax in
25accordance with the provisions in this Section, the stormwater
26management committee shall offer property tax abatements or

 

 

10000HB2756ham001- 23 -LRB100 10268 AWJ 25344 a

1incentive payments to property owners who construct, maintain,
2and use approved stormwater management devices. For those
3counties that adopt use and occupation taxes in accordance with
4the provisions of this Section, the stormwater management
5committee may offer tax rebates or incentive payments to
6property owners who construct, maintain, and use approved
7stormwater management devices. The stormwater management
8committee is authorized to offer credits to the property tax,
9if applicable, based on authorized practices consistent with
10the stormwater management plan and approved by the committee.
11Expenses of staff of a stormwater management committee that are
12expended on regulatory project review may be no more than 20%
13of the annual budget of the committee, including funds raised
14under subsections (h) and (i).
15    (k) Any county that has adopted a county stormwater
16management plan under this Section may, after 10 days written
17notice receiving consent of the owner or occupant, enter upon
18any lands or waters within the county for the purpose of
19inspecting stormwater facilities or causing the removal of any
20obstruction to an affected watercourse. If consent is denied or
21cannot be reasonably obtained, the county ordinance shall
22provide a process or procedure for an administrative warrant to
23be obtained. The county shall be responsible for any damages
24occasioned thereby.
25    (l) Upon petition of the municipality, and based on a
26finding of the stormwater management planning committee, the

 

 

10000HB2756ham001- 24 -LRB100 10268 AWJ 25344 a

1county shall not enforce rules and regulations adopted by the
2county in any municipality located wholly or partly within the
3county that has a municipal stormwater management ordinance
4that is consistent with and at least as stringent as the county
5plan and ordinance, and is being enforced by the municipal
6authorities. On issues that the county ordinance is more
7stringent as deemed by the committee, the county shall only
8enforce rules and regulations adopted by the county on the more
9stringent issues and accept municipal permits. The county shall
10have no more than 60 days to review permits or the permits
11shall be deemed approved.
12    (m) A county may issue general obligation bonds for
13implementing any stormwater plan adopted under this Section in
14the manner prescribed in Section 5-1012; except that the
15referendum requirement of Section 5-1012 does not apply to
16bonds issued pursuant to this Section on which the principal
17and interest are to be paid entirely out of funds generated by
18the taxes and fees authorized by this Section.
19    (n) The powers authorized by this Section may be
20implemented by the county board for a portion of the county
21subject to similar stormwater management needs.
22    (o) The powers and taxes authorized by this Section are in
23addition to the powers and taxes authorized by Division 5-15;
24in exercising its powers under this Section, a county shall not
25be subject to the restrictions and requirements of that
26Division.

 

 

10000HB2756ham001- 25 -LRB100 10268 AWJ 25344 a

1    (p) As used in this Section:
2    "Urban flooding" means the flooding of public and private
3land in urban communities that results from stormwater or
4snowmelt runoff overwhelming the existing drainage
5infrastructure, unrelated to the overflow of any river or lake,
6whether or not that land is located in or near a floodplain.
7    "Urbanized areas" means a statistical geographic entity
8consisting of a densely settled core created from census tracts
9or blocks and contiguous qualifying territory that together
10have a minimum population of at least 50,000 persons and has
11been delineated as an urbanized area by the United States
12Census Bureau after the most recent decennial census.
13(Source: P.A. 94-675, eff. 8-23-05.)
 
14    (55 ILCS 5/5-1062.3)
15    Sec. 5-1062.3. Stormwater management; DuPage and Peoria
16Counties.
17    (a) The purpose of this Section is to allow management and
18mitigation of the effects of urbanization on stormwater
19drainage in the metropolitan counties of DuPage and Peoria, and
20references to "county" in this Section apply only to those
21counties. This Section does not apply to a municipality that
22only partially lies within one of these counties and, on the
23effective date of this amendatory Act of the 98th General
24Assembly, is served by an existing Section in the Counties Code
25regarding stormwater management. The purpose of this Section

 

 

10000HB2756ham001- 26 -LRB100 10268 AWJ 25344 a

1shall be achieved by:
2        (1) consolidating the existing stormwater management
3    framework into a united, countywide structure;
4        (2) setting minimum standards for floodplain and
5    stormwater management; and
6        (3) preparing a countywide plan for the management of
7    stormwater runoff, including the management of natural and
8    man-made drainageways. The countywide plan may incorporate
9    watershed plans.
10    (b) A stormwater management planning committee may be
11established by county board resolution, with its membership
12consisting of equal numbers of county board and municipal
13representatives from each county board district, and such other
14members as may be determined by the county and municipal
15members. If the county has more than 6 county board districts,
16however, the county board may by ordinance divide the county
17into not less than 6 areas of approximately equal population,
18to be used instead of county board districts for the purpose of
19determining representation on the stormwater management
20planning committee.
21    The county board members shall be appointed by the chairman
22of the county board. Municipal members from each county board
23district or other represented area shall be appointed by a
24majority vote of the mayors of those municipalities that have
25the greatest percentage of their respective populations
26residing in that county board district or other represented

 

 

10000HB2756ham001- 27 -LRB100 10268 AWJ 25344 a

1area. All municipal and county board representatives shall be
2entitled to a vote; the other members shall be nonvoting
3members, unless authorized to vote by the unanimous consent of
4the municipal and county board representatives. A municipality
5that is located in more than one county may choose, at the time
6of formation of the stormwater management planning committee
7and based on watershed boundaries, to participate in the
8stormwater management planning program of either county.
9Subcommittees of the stormwater management planning committee
10may be established to serve a portion of the county or a
11particular drainage basin that has similar stormwater
12management needs. The stormwater management planning committee
13shall adopt bylaws, by a majority vote of the county and
14municipal members, to govern the functions of the committee and
15its subcommittees. Officers of the committee shall include a
16chair and vice chair, one of whom shall be a county
17representative and one a municipal representative.
18    The principal duties of the committee shall be to develop a
19stormwater management plan for presentation to and approval by
20the county board, and to direct the plan's implementation and
21revision. The committee may retain engineering, legal, and
22financial advisors and inspection personnel. The committee
23shall meet at least quarterly and shall hold at least one
24public meeting during the preparation of the plan and prior to
25its submittal to the county board. The committee may make
26grants to: (1) units of local government; (2) not-for-profit

 

 

10000HB2756ham001- 28 -LRB100 10268 AWJ 25344 a

1organizations; and (3) landowners. In order for a municipality
2located partially or wholly within a mapped floodplain to
3receive grant moneys, the municipality must be a member in the
4Federal Emergency Management Agency's National Flood Insurance
5Program. A municipality receiving grant moneys must that have
6adopted an ordinance requiring actions consistent with the
7stormwater management plan. Use and to landowners for the
8purposes of stormwater management, including special projects;
9use of the grant money must be consistent with the stormwater
10management plan.
11    The committee shall not have or exercise any power of
12eminent domain.
13    (c) In the preparation of a stormwater management plan, a
14county stormwater management planning committee shall
15coordinate the planning process with each adjoining county to
16ensure that recommended stormwater projects will have no
17significant impact on the levels or flows of stormwaters in
18inter-county watersheds or on the capacity of existing and
19planned stormwater retention facilities. An adopted stormwater
20management plan shall identify steps taken by the county to
21coordinate the development of plan recommendations with
22adjoining counties.
23    (d) The stormwater management committee may not enforce any
24rules or regulations that would interfere with (i) any power
25granted by the Illinois Drainage Code (70 ILCS 605/) to
26operate, construct, maintain, or improve drainage systems or

 

 

10000HB2756ham001- 29 -LRB100 10268 AWJ 25344 a

1(ii) the ability to operate, maintain, or improve the drainage
2systems used on or by land or a facility used for production
3agriculture purposes, as defined in the Use Tax Act (35 ILCS
4105/), except newly constructed buildings and newly installed
5impervious paved surfaces. Disputes regarding an exception
6shall be determined by a mutually agreed upon arbitrator paid
7by the disputing party or parties.
8    (e) Before the stormwater management planning committee
9recommends to the county board a stormwater management plan for
10the county or a portion thereof, it shall submit the plan to
11the Office of Water Resources of the Department of Natural
12Resources for review and recommendations. The Office, in
13reviewing the plan, shall consider such factors as impacts on
14the levels or flows in rivers and streams and the cumulative
15effects of stormwater discharges on flood levels. The Office of
16Water Resources shall determine whether the plan or ordinances
17enacted to implement the plan complies with the requirements of
18subsection (f). Within a period not to exceed 60 days, the
19review comments and recommendations shall be submitted to the
20stormwater management planning committee for consideration.
21Any amendments to the plan shall be submitted to the Office for
22review.
23    (f) Prior to recommending the plan to the county board, the
24stormwater management planning committee shall hold at least
25one public hearing thereon and shall afford interested persons
26an opportunity to be heard. The hearing shall be held in the

 

 

10000HB2756ham001- 30 -LRB100 10268 AWJ 25344 a

1county seat. Notice of the hearing shall be published at least
2once and no less than 15 days in advance of the hearing in a
3newspaper of general circulation published in the county. The
4notice shall state the time and place of the hearing and the
5place where copies of the proposed plan will be accessible for
6examination by interested parties. If an affected municipality
7having a stormwater management plan adopted by ordinance wishes
8to protest the proposed county plan provisions, it shall appear
9at the hearing and submit in writing specific proposals to the
10stormwater management planning committee. After consideration
11of the matters raised at the hearing, the committee may amend
12or approve the plan and recommend it to the county board for
13adoption.
14    The county board may enact the proposed plan by ordinance.
15If the proposals for modification of the plan made by an
16affected municipality having a stormwater management plan are
17not included in the proposed county plan, and the municipality
18affected by the plan opposes adoption of the county plan by
19resolution of its corporate authorities, approval of the county
20plan shall require an affirmative vote of at least two-thirds
21of the county board members present and voting. If the county
22board wishes to amend the county plan, it shall submit in
23writing specific proposals to the stormwater management
24planning committee. If the proposals are not approved by the
25committee, or are opposed by resolution of the corporate
26authorities of an affected municipality having a municipal

 

 

10000HB2756ham001- 31 -LRB100 10268 AWJ 25344 a

1stormwater management plan, amendment of the plan shall require
2an affirmative vote of at least two-thirds of the county board
3members present and voting.
4    (g) The county board may prescribe by ordinance reasonable
5rules and regulations for floodplain management and for
6governing the location, width, course, and release rate of all
7stormwater runoff channels, streams, and basins in the county,
8in accordance with the adopted stormwater management plan.
9Land, facilities, and drainage district facilities used for
10production agriculture as defined in subsection (d) shall not
11be subjected to regulation by the county board or stormwater
12management committee under this Section for floodplain
13management and for governing location, width, course,
14maintenance, and release rate of stormwater runoff channels,
15streams and basins, or water discharged from a drainage
16district. These rules and regulations shall, at a minimum, meet
17the standards for floodplain management established by the
18Office of Water Resources and the requirements of the Federal
19Emergency Management Agency for participation in the National
20Flood Insurance Program. With respect to DuPage County only,
21the Chicago Metropolitan Agency for Planning may not impose
22more stringent regulations regarding water quality on entities
23discharging in accordance with a valid National Pollution
24Discharge Elimination System permit issued under the
25Environmental Protection Act.
26    (h) For the purpose of implementing this Section and for

 

 

10000HB2756ham001- 32 -LRB100 10268 AWJ 25344 a

1the development, design, planning, construction, operation,
2and maintenance of stormwater facilities provided for in the
3adopted stormwater management plan, a county board that has
4established a stormwater management planning committee
5pursuant to this Section or has participated in a stormwater
6management planning process may adopt a schedule of fees
7applicable to all real property within the county which
8benefits from the county's stormwater management facilities
9and activities, and as may be necessary to mitigate the effects
10of increased stormwater runoff resulting from development. The
11total amount of the fees assessed must be specifically and
12uniquely attributable to the actual costs of the county in the
13preparation, administration, and implementation of the adopted
14stormwater management plan, construction and maintenance of
15stormwater facilities, and other activities related to the
16management of the runoff from the property. The individual fees
17must be specifically and uniquely attributable to the portion
18of the actual cost to the county of managing the runoff from
19the property. The fees shall be used to finance activities
20undertaken by the county or its included municipalities to
21mitigate the effects of urban stormwater runoff by providing
22and maintaining stormwater collection, retention, detention,
23and particulate treatment facilities, and improving water
24bodies impacted by stormwater runoff, as identified in the
25county plan. In establishing, maintaining, or replacing such
26facilities, the county shall not duplicate facilities operated

 

 

10000HB2756ham001- 33 -LRB100 10268 AWJ 25344 a

1by other governmental bodies within its corporate boundaries.
2The schedule of fees established by the county board shall
3include a procedure for a full or partial fee waiver for
4property owners who have taken actions or put in place
5facilities that reduce or eliminate the cost to the county of
6providing stormwater management services to their property.
7The county board may also offer tax or fee rebates or incentive
8payments to property owners who construct, maintain, and use
9approved green infrastructure stormwater management devices or
10any other methods that reduce or eliminate the cost to the
11county of providing stormwater management services to the
12property, including but not limited to facilities that reduce
13the volume, temperature, velocity, and pollutant load of the
14stormwater managed by the county, such as systems that
15infiltrate, evapotranspirate, or harvest stormwater for reuse,
16known as "green infrastructure". In exercising this authority,
17the county shall provide notice to the municipalities within
18its jurisdiction of any fees proposed under this Section and
19seek the input of each municipality with respect to the
20calculation of the fees. The county shall also give property
21owners at least 2 years' notice of the fee, during which time
22the county shall provide education on green infrastructure
23practices and an opportunity to take action to reduce or
24eliminate the fee. All these fees collected by the county shall
25be held in a separate fund, and shall be expended only in the
26watershed within which they were collected. The county may

 

 

10000HB2756ham001- 34 -LRB100 10268 AWJ 25344 a

1enter into intergovernmental agreements with other government
2bodies for the joint administration of stormwater management
3and the collection of the fees authorized in this Section.
4    A fee schedule authorized by this subsection must have the
5same limit as the authorized stormwater tax. In Peoria County
6only, the fee schedule shall not be adopted unless (i) a
7referendum has been passed approving a stormwater tax as
8provided in subsection (i) of this Section; or (ii) the
9question of the adoption of a fee schedule with the same limit
10as the authorized stormwater tax has been approved in a
11referendum by a majority of those voting on the question.
12    (i) In the alternative to a fee imposed under subsection
13(h), the county board may cause an annual tax of not to exceed
140.20% of the value, as equalized or assessed by the Department
15of Revenue, of all taxable property in the county to be levied
16upon all the taxable property in the county. The property tax
17shall be in addition to all other taxes authorized by law to be
18levied and collected in the county and shall be in addition to
19the maximum tax rate authorized by law for general county
20purposes. The 0.20% limitation provided in this Section may be
21increased or decreased by referendum in accordance with the
22provisions of Sections 18-120, 18-125, and 18-130 of the
23Property Tax Code (35 ILCS 200/).
24    Any revenues generated as a result of ownership or
25operation of facilities or land acquired with the tax funds
26collected pursuant to this subsection shall be held in a

 

 

10000HB2756ham001- 35 -LRB100 10268 AWJ 25344 a

1separate fund and be used either to abate such property tax or
2for implementing this Section.
3    If at least part of the county has been declared by a
4presidential proclamation after July 1, 1986 and before
5December 31, 1987, to be a disaster area as a result of
6flooding, the tax authorized by this subsection does not
7require approval by referendum. However, in Peoria County, the
8tax authorized by this subsection shall not be levied until the
9question of its adoption, either for a specified period or
10indefinitely, has been submitted to the electors thereof and
11approved by a majority of those voting on the question. This
12question may be submitted at any election held in the county
13after the adoption of a resolution by the county board
14providing for the submission of the question to the electors of
15the county. The county board shall certify the resolution and
16proposition to the proper election officials, who shall submit
17the proposition at an election in accordance with the general
18election law. If a majority of the votes cast on the question
19is in favor of the levy of the tax, it may thereafter be levied
20in the county for the specified period or indefinitely, as
21provided in the proposition. The question shall be put in
22substantially the following form:
23        Shall an annual tax be levied for stormwater management
24    purposes (for a period of not more than ..... years) at a
25    rate not exceeding .....% of the equalized assessed value
26    of the taxable property of ..... County?

 

 

10000HB2756ham001- 36 -LRB100 10268 AWJ 25344 a

1    Votes shall be recorded as Yes or No.
2    The following question may be submitted at any election
3held in the county after the adoption of a resolution by the
4county board providing for the submission of the question to
5the electors of the county to authorize adoption of a schedule
6of fees applicable to all real property within the county:
7        Shall the county board be authorized to adopt a
8    schedule of fees, at a rate not exceeding that of the
9    stormwater management tax, applicable to all real property
10    for preparation, administration, and implementation of an
11    adopted stormwater management plan, construction and
12    maintenance of related facilities, and management of the
13    runoff from the property?
14    Votes shall be recorded as Yes or No.
15    If these questions have been approved by a majority of
16those voting prior to the effective date of this amendatory Act
17of the 98th General Assembly, this subsection does not apply.
18    (j) For those counties that adopt a property tax in
19accordance with the provisions in this Section, the stormwater
20management committee shall offer property tax abatements or
21incentive payments to property owners who construct, maintain,
22and use approved stormwater management devices. The stormwater
23management committee is authorized to offer credits to the
24property tax, if applicable, based on authorized practices
25consistent with the stormwater management plan and approved by
26the committee. Expenses of staff of a stormwater management

 

 

10000HB2756ham001- 37 -LRB100 10268 AWJ 25344 a

1committee that are expended on regulatory project review may be
2no more than 20% of the annual budget of the committee,
3including funds raised under subsections (h) and (i).
4    (k) Upon the creation and implementation of a county
5stormwater management plan, the county may petition the circuit
6court to dissolve any or all drainage districts created
7pursuant to the Illinois Drainage Code or predecessor Acts
8which are located entirely within the area of the county
9covered by the plan.
10    However, any active drainage district implementing a plan
11that is consistent with and at least as stringent as the county
12stormwater management plan may petition the stormwater
13management planning committee for exception from dissolution.
14Upon filing of the petition, the committee shall set a date for
15hearing not less than 2 weeks, nor more than 4 weeks, from the
16filing thereof, and the committee shall give at least one
17week's notice of the hearing in one or more newspapers of
18general circulation within the district, and in addition shall
19cause a copy of the notice to be personally served upon each of
20the trustees of the district. At the hearing, the committee
21shall hear the district's petition and allow the district
22trustees and any interested parties an opportunity to present
23oral and written evidence. The committee shall render its
24decision upon the petition for exception from dissolution based
25upon the best interests of the residents of the district. In
26the event that the exception is not allowed, the district may

 

 

10000HB2756ham001- 38 -LRB100 10268 AWJ 25344 a

1file a petition within 30 days of the decision with the circuit
2court. In that case, the notice and hearing requirements for
3the court shall be the same as herein provided for the
4committee. The court shall likewise render its decision of
5whether to dissolve the district based upon the best interests
6of residents of the district.
7    The dissolution of any drainage district shall not affect
8the obligation of any bonds issued or contracts entered into by
9the district nor invalidate the levy, extension or collection
10of any taxes or special assessments upon the property in the
11former drainage district. All property and obligations of the
12former drainage district shall be assumed and managed by the
13county, and the debts of the former drainage district shall be
14discharged as soon as practicable.
15    If a drainage district lies only partly within a county
16that adopts a county stormwater management plan, the county may
17petition the circuit court to disconnect from the drainage
18district that portion of the district that lies within that
19county. The property of the drainage district within the
20disconnected area shall be assumed and managed by the county.
21The county shall also assume a portion of the drainage
22district's debt at the time of disconnection, based on the
23portion of the value of the taxable property of the drainage
24district which is located within the area being disconnected.
25    The operations of any drainage district that continues to
26exist in a county that has adopted a stormwater management plan

 

 

10000HB2756ham001- 39 -LRB100 10268 AWJ 25344 a

1in accordance with this Section shall be in accordance with the
2adopted plan.
3    (l) Any county that has adopted a county stormwater
4management plan under this Section may, after 10 days' written
5notice receiving consent of the owner or occupant, enter upon
6any lands or waters within the county for the purpose of
7inspecting stormwater facilities or causing the removal of any
8obstruction to an affected watercourse. If consent is denied or
9cannot be reasonably obtained, the county ordinance shall
10provide a process or procedure for an administrative warrant to
11be obtained. The county shall be responsible for any damages
12occasioned thereby.
13    (m) Except as otherwise provided in subsection (a) of this
14Section, upon petition of the municipality, and based on a
15finding of the stormwater management planning committee, the
16county shall not enforce rules and regulations adopted by the
17county in any municipality located wholly or partly within the
18county that has a municipal stormwater management ordinance
19that is consistent with and at least as stringent as the county
20plan and ordinance, and is being enforced by the municipal
21authorities. On issues that the county ordinance is more
22stringent as deemed by the committee, the county shall only
23enforce rules and regulations adopted by the county on the more
24stringent issues and accept municipal permits. The county shall
25have no more than 60 days to review permits or the permits
26shall be deemed approved.

 

 

10000HB2756ham001- 40 -LRB100 10268 AWJ 25344 a

1    (n) A county may issue general obligation bonds for
2implementing any stormwater plan adopted under this Section in
3the manner prescribed in Section 5-1012; except that the
4referendum requirement of Section 5-1012 does not apply to
5bonds issued pursuant to this Section on which the principal
6and interest are to be paid entirely out of funds generated by
7the taxes and fees authorized by this Section.
8    (o) A county that has adopted a fee schedule pursuant to
9this Section may not thereafter issue any bond extensions
10related to implementing a stormwater management plan.
11    (p) The powers authorized by this Section may be
12implemented by the county board for a portion of the county
13subject to similar stormwater management needs.
14    (q) The powers and taxes authorized by this Section are in
15addition to the powers and taxes authorized by Division 5-15;
16in exercising its powers under this Section, a county shall not
17be subject to the restrictions and requirements of that
18Division.
19    (r) Stormwater management projects and actions related to
20stormwater management in a county that has adopted a fee
21schedule or tax pursuant to this Section prior to the effective
22date of this amendatory Act of the 98th General Assembly are
23not altered by this amendatory Act of the 98th General
24Assembly.
25(Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)".