Sen. Sue Rezin

Filed: 4/25/2017

 

 


 

 


 
10000SB1337sam002LRB100 07731 AWJ 25525 a

1
AMENDMENT TO SENATE BILL 1337

2    AMENDMENT NO. ______. Amend Senate Bill 1337, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by changing
6Sections 5-1062, 5-1062.2, and 5-1062.3 as follows:
 
7    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
8    Sec. 5-1062. Stormwater management.
9    (a) The purpose of this Section is to allow management and
10mitigation of the effects of urbanization on stormwater
11drainage in metropolitan counties located in the area served by
12the Chicago Metropolitan Agency for Planning Northeastern
13Illinois Planning Commission, and references to "county" in
14this Section shall apply only to those counties. This Section
15shall not apply to any county with a population in excess of
161,500,000, except as provided in subsection (c). The purpose of

 

 

10000SB1337sam002- 2 -LRB100 07731 AWJ 25525 a

1this Section shall 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 with an emphasis on the use of
6    cost-effective solutions to flooding problems; and
7        (3) preparing a countywide plan for the management of
8    stormwater runoff, including the management of natural and
9    man-made drainageways. The countywide plan may incorporate
10    watershed plans and shall evaluate and address flooding
11    problems that exist in urbanized areas that are a result of
12    urban flooding.
13    (b) A stormwater management planning committee shall be
14established by county board resolution, with its membership
15consisting of equal numbers of county board and municipal
16representatives from each county board district, and such other
17members as may be determined by the county and municipal
18members. However, if the county has more than 6 county board
19districts, the county board may by ordinance divide the county
20into not less than 6 areas of approximately equal population,
21to be used instead of county board districts for the purpose of
22determining representation on the stormwater management
23planning committee.
24    The county board members shall be appointed by the chairman
25of the county board. Municipal members from each county board
26district or other represented area shall be appointed by a

 

 

10000SB1337sam002- 3 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 4 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 5 -LRB100 07731 AWJ 25525 a

1county seat. Notice of the hearing shall be published at least
2once no less than 15 days in advance thereof in a newspaper of
3general circulation published in the county. The notice shall
4state the time and place of the hearing and the place where
5copies of the proposed plan will be accessible for examination
6by interested parties. If an affected municipality having a
7stormwater management plan adopted by ordinance wishes to
8protest the proposed county plan provisions, it shall appear at
9the 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

 

 

10000SB1337sam002- 6 -LRB100 07731 AWJ 25525 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    (f) The county board may prescribe by ordinance reasonable
5rules and regulations for floodplain or stormwater management
6and for governing the location, width, course and release rate
7of all stormwater runoff channels, streams and basins in the
8county, in accordance with the adopted stormwater management
9plan. These rules and regulations shall, at a minimum, meet the
10standards for floodplain management established by the Office
11of Water Resources and the requirements of the Federal
12Emergency Management Agency for participation in the National
13Flood Insurance Program.
14    (g) In accordance with, and if recommended in, the adopted
15stormwater management plan, the county board may adopt a
16schedule of fees as may be necessary to mitigate the effects of
17increased stormwater runoff resulting from new development.
18The fees shall not exceed the cost of satisfying the onsite
19stormwater retention or detention requirements of the adopted
20stormwater management plan. The fees shall be used to finance
21activities undertaken by the county or its included
22municipalities to mitigate the effects of urban stormwater
23runoff by providing regional stormwater retention or detention
24facilities, as identified in the county plan. All such fees
25collected by the county shall be held in a separate fund, and
26shall be expended only in the watershed within which they were

 

 

10000SB1337sam002- 7 -LRB100 07731 AWJ 25525 a

1collected.
2    (h) For the purpose of implementing this Section and for
3the development, design, planning, construction, operation and
4maintenance of stormwater facilities provided for in the
5stormwater management plan, a county board that has established
6a stormwater management planning committee pursuant to this
7Section may cause an annual tax of not to exceed 0.20% of the
8value, as equalized or assessed by the Department of Revenue,
9of all taxable property in the county to be levied upon all the
10taxable property in the county. The tax shall be in addition to
11all other taxes authorized by law to be levied and collected in
12the county and shall be in addition to the maximum tax rate
13authorized by law for general county purposes. The 0.20%
14limitation provided in this Section may be increased or
15decreased by referendum in accordance with the provisions of
16Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
17    Any revenues generated as a result of ownership or
18operation of facilities or land acquired with the tax funds
19collected pursuant to this subsection (h) shall be held in a
20separate fund and be used either to abate such property tax or
21for implementing this Section.
22    However, unless at least part of the county has been
23declared after July 1, 1986 by presidential proclamation to be
24a disaster area as a result of flooding, the tax authorized by
25this subsection (h) shall not be levied until the question of
26its adoption, either for a specified period or indefinitely,

 

 

10000SB1337sam002- 8 -LRB100 07731 AWJ 25525 a

1has been submitted to the electors thereof and approved by a
2majority of those voting on the question. This question may be
3submitted at any election held in the county after the adoption
4of a resolution by the county board providing for the
5submission of the question to the electors of the county. The
6county board shall certify the resolution and proposition to
7the proper election officials, who shall submit the proposition
8at an election in accordance with the general election law. If
9a majority of the votes cast on the question is in favor of the
10levy of the tax, it may thereafter be levied in the county for
11the specified period or indefinitely, as provided in the
12proposition. The question shall be put in substantially the
13following form:
14-------------------------------------------------------------
15    Shall an annual tax be levied
16for stormwater management purposes            YES
17(for a period of not more than
18...... years) at a rate not exceeding      ------------------
19.....% of the equalized assessed
20value of the taxable property of              NO
21........ County?
22-------------------------------------------------------------
23    (i) Upon the creation and implementation of a county
24stormwater management plan, the county may petition the circuit
25court to dissolve any or all drainage districts created
26pursuant to the Illinois Drainage Code or predecessor Acts

 

 

10000SB1337sam002- 9 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 10 -LRB100 07731 AWJ 25525 a

1the obligation of any bonds issued or contracts entered into by
2the district nor invalidate the levy, extension or collection
3of any taxes or special assessments upon the property in the
4former drainage district. All property and obligations of the
5former drainage district shall be assumed and managed by the
6county, and the debts of the former drainage district shall be
7discharged as soon as practicable.
8    If a drainage district lies only partly within a county
9that adopts a county stormwater management plan, the county may
10petition the circuit court to disconnect from the drainage
11district that portion of the district that lies within that
12county. The property of the drainage district within the
13disconnected area shall be assumed and managed by the county.
14The county shall also assume a portion of the drainage
15district's debt at the time of disconnection, based on the
16portion of the value of the taxable property of the drainage
17district which is located within the area being disconnected.
18    The operations of any drainage district that continues to
19exist in a county that has adopted a stormwater management plan
20in accordance with this Section shall be in accordance with the
21adopted plan.
22    (j) Any county that has adopted a county stormwater
23management plan under this Section may, after 10 days written
24notice to the owner or occupant, enter upon any lands or waters
25within the county for the purpose of inspecting stormwater
26facilities or causing the removal of any obstruction to an

 

 

10000SB1337sam002- 11 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 12 -LRB100 07731 AWJ 25525 a

1Article VII of the Illinois Constitution, this Section
2specifically denies and limits the exercise of any power which
3is inconsistent herewith by home rule units in any county with
4a population of less than 1,500,000 in the area served by the
5Chicago Metropolitan Agency for Planning Northeastern Illinois
6Planning Commission. This Section does not prohibit the
7concurrent exercise of powers consistent herewith.
8    (p) As used in this Section:
9    "Urban flooding" means the flooding of public and private
10land in urban communities that results from stormwater or
11snowmelt runoff overwhelming the existing drainage
12infrastructure, unrelated to the overflow of any river or lake,
13whether or not that land is located in or near a floodplain.
14    "Urbanized areas" means a statistical geographic entity
15consisting of a densely settled core created from census tracts
16or blocks and contiguous qualifying territory that together
17have a minimum population of at least 50,000 persons and has
18been delineated as an urbanized area by the United States
19Census Bureau after the most recent decennial census.
20(Source: P.A. 97-916, eff. 8-9-12.)
 
21    (55 ILCS 5/5-1062.2)
22    Sec. 5-1062.2. Stormwater management.
23    (a) The purpose of this Section is to allow management and
24mitigation of the effects of urbanization on stormwater
25drainage in the metropolitan counties of Madison, St. Clair,

 

 

10000SB1337sam002- 13 -LRB100 07731 AWJ 25525 a

1Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
2as well as all counties containing all or a part of an
3urbanized area and references to "county" in this Section apply
4only to those counties. This Section does not apply to counties
5in the Chicago Metropolitan Agency for Planning Northeastern
6Illinois Planning Commission that are granted authorities in
7Section 5-1062. The purpose of this Section shall be achieved
8by:
9        (1) Consolidating the existing stormwater management
10    framework into a united, countywide structure.
11        (2) Setting minimum standards for floodplain and
12    stormwater management with an emphasis on the use of
13    cost-effective solutions to flooding problems.
14        (3) Preparing a countywide plan for the management of
15    stormwater runoff, including the management of natural and
16    man-made drainageways. The countywide plan may incorporate
17    watershed plans and shall evaluate and address flooding
18    problems that exist in urbanized areas that are a result of
19    urban flooding.
20    (a-5) This Section also applies to all counties not
21otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
22the question of allowing the county board to establish a
23stormwater management planning council has been submitted to
24the electors of the county and approved by a majority of those
25voting on the question.
26    (b) A stormwater management planning committee may be

 

 

10000SB1337sam002- 14 -LRB100 07731 AWJ 25525 a

1established by county board resolution, with its membership
2consisting of equal numbers of county board and municipal
3representatives from each county board district, one member
4representing drainage districts, and one member representing
5soil and water conservation districts and such other members as
6may be determined by the stormwater management planning
7committee county and municipal members. If the county has more
8than 6 county board districts, however, the county board may by
9ordinance divide the county into not less than 6 areas of
10approximately equal population, to be used instead of county
11board districts for the purpose of determining representation
12on the stormwater management planning committee.
13    The county board members shall be appointed by the chairman
14of the county board. Municipal members from each county board
15district or other represented area shall be appointed by a
16majority vote of the mayors of those municipalities that have
17the greatest percentage of their respective populations
18residing in that county board district or other represented
19area. The member representing drainage districts shall be
20appointed by the drainage district chairperson or by a majority
21vote of all drainage district chairpersons in the county if
22more than one drainage district exists in the county. The
23member representing soil and water conservation districts
24shall be appointed by a majority vote of the soil and water
25conservation district board or by a majority vote of all soil
26and water conservation district boards in the county if more

 

 

10000SB1337sam002- 15 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 16 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 17 -LRB100 07731 AWJ 25525 a

1coordinate the development of plan recommendations with
2adjoining counties.
3    (d) The stormwater management committee may not enforce any
4rules or regulations that would interfere with (i) any power
5granted by the Illinois Drainage Code (70 ILCS 605/) to
6operate, construct, maintain, or improve drainage systems or
7(ii) the ability to operate, maintain, or improve the drainage
8systems used on or by land or a facility used for production
9agriculture purposes, as defined in the Use Tax Act (35 ILCS
10105/), except newly constructed buildings and newly installed
11impervious paved surfaces. Disputes regarding an exception
12shall be determined by a mutually agreed upon arbitrator paid
13by the disputing party or parties.
14    (e) Before the stormwater management planning committee
15recommends to the county board a stormwater management plan for
16the county or a portion thereof, it shall submit the plan to
17the Office of Water Resources of the Department of Natural
18Resources for review and recommendations. The Office, in
19reviewing the plan, shall consider such factors as impacts on
20the levels or flows in rivers and streams and the cumulative
21effects of stormwater discharges on flood levels. The Office of
22Water Resources shall determine whether the plan or ordinances
23enacted to implement the plan complies with the requirements of
24subsection (f). Within a period not to exceed 60 days, the
25review comments and recommendations shall be submitted to the
26stormwater management planning committee for consideration.

 

 

10000SB1337sam002- 18 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 19 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 20 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 21 -LRB100 07731 AWJ 25525 a

1stormwater management plan, a county board that has established
2a stormwater management planning committee pursuant to this
3Section may cause an annual tax of not to exceed 0.20% of the
4value, as equalized or assessed by the Department of Revenue,
5of all taxable property in the county to be levied upon all the
6taxable property in the county or occupation and use taxes of
71/10 of one cent. The property tax shall be in addition to all
8other taxes authorized by law to be levied and collected in the
9county and shall be in addition to the maximum tax rate
10authorized by law for general county purposes. The 0.20%
11limitation provided in this Section may be increased or
12decreased by referendum at a general election in accordance
13with the provisions of Sections 18-120, 18-125, and 18-130 of
14the Property Tax Code (35 ILCS 200/).
15    Any revenues generated as a result of ownership or
16operation of facilities or land acquired with the tax funds
17collected pursuant to this subsection shall be held in a
18separate fund and be used either to abate such property tax or
19for implementing this Section.
20    However, the tax authorized by this subsection shall not be
21levied until the question of its adoption, either for a
22specified period or indefinitely, has been submitted to the
23electors thereof and approved by a majority of those voting on
24the question. This question may be submitted at any general
25election held in the county after the adoption of a resolution
26by the county board providing for the submission of the

 

 

10000SB1337sam002- 22 -LRB100 07731 AWJ 25525 a

1question to the electors of the county. The county board shall
2certify the resolution and proposition to the proper election
3officials, who shall submit the proposition at an election in
4accordance with the general election law. If a majority of the
5votes cast on the question is in favor of the levy of the tax,
6it may thereafter be levied in the county for the specified
7period or indefinitely, as provided in the proposition. The
8question shall be put in substantially the following form:
9        Shall an annual tax be levied for stormwater management
10    purposes (for a period of not more than ..... years) at a
11    rate not exceeding .....% of the equalized assessed value
12    of the taxable property of ..... County?
13Or this question may be submitted at any general election held
14in the county after the adoption of a resolution by the county
15board providing for the submission of the question to the
16electors of the county to authorize use and occupation taxes of
171/10 of one cent:
18        Shall use and occupation taxes be raised for stormwater
19    management purposes (for a period of not more than .....
20    years) at a rate of 1/10 of one cent for taxable goods in
21    ..... County?
22    Votes shall be recorded as Yes or No.
23    (j) For those counties that adopt a property tax in
24accordance with the provisions in this Section, the stormwater
25management committee shall offer property tax abatements or
26incentive payments to property owners who construct, maintain,

 

 

10000SB1337sam002- 23 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 24 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 25 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 26 -LRB100 07731 AWJ 25525 a

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 solutions to flooding problems; 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 and shall evaluate and address flooding
10    problems that exist in urbanized areas that are a result of
11    urban flooding.
12    (b) A stormwater management planning committee may be
13established by county board resolution, with its membership
14consisting of equal numbers of county board and municipal
15representatives from each county board district, and such other
16members 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

 

 

10000SB1337sam002- 27 -LRB100 07731 AWJ 25525 a

1the greatest percentage of their respective populations
2residing in that county board district or other represented
3area. All municipal and county board representatives shall be
4entitled to a vote; the other members shall be nonvoting
5members, unless authorized to vote by the unanimous consent of
6the municipal and county board representatives. A municipality
7that is located in more than one county may choose, at the time
8of formation of the stormwater management planning committee
9and based on watershed boundaries, to participate in the
10stormwater management planning program of either county.
11Subcommittees of the stormwater management planning committee
12may be established to serve a portion of the county or a
13particular drainage basin that has similar stormwater
14management needs. The stormwater management planning committee
15shall adopt bylaws, by a majority vote of the county and
16municipal members, to govern the functions of the committee and
17its subcommittees. Officers of the committee shall include a
18chair and vice chair, one of whom shall be a county
19representative and one a municipal representative.
20    The principal duties of the committee shall be to develop a
21stormwater management plan for presentation to and approval by
22the county board, and to direct the plan's implementation and
23revision. The committee may retain engineering, legal, and
24financial advisors and inspection personnel. The committee
25shall meet at least quarterly and shall hold at least one
26public meeting during the preparation of the plan and prior to

 

 

10000SB1337sam002- 28 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 29 -LRB100 07731 AWJ 25525 a

1granted by the Illinois Drainage Code (70 ILCS 605/) to
2operate, construct, maintain, or improve drainage systems or
3(ii) the ability to operate, maintain, or improve the drainage
4systems used on or by land or a facility used for production
5agriculture purposes, as defined in the Use Tax Act (35 ILCS
6105/), except newly constructed buildings and newly installed
7impervious paved surfaces. Disputes regarding an exception
8shall be determined by a mutually agreed upon arbitrator paid
9by the disputing party or parties.
10    (e) Before the stormwater management planning committee
11recommends to the county board a stormwater management plan for
12the county or a portion thereof, it shall submit the plan to
13the Office of Water Resources of the Department of Natural
14Resources for review and recommendations. The Office, in
15reviewing the plan, shall consider such factors as impacts on
16the levels or flows in rivers and streams and the cumulative
17effects of stormwater discharges on flood levels. The Office of
18Water Resources shall determine whether the plan or ordinances
19enacted to implement the plan complies with the requirements of
20subsection (f). Within a period not to exceed 60 days, the
21review comments and recommendations shall be submitted to the
22stormwater management planning committee for consideration.
23Any amendments to the plan shall be submitted to the Office for
24review.
25    (f) Prior to recommending the plan to the county board, the
26stormwater management planning committee shall hold at least

 

 

10000SB1337sam002- 30 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 31 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 32 -LRB100 07731 AWJ 25525 a

1permit issued under the Environmental Protection Act.
2    (h) For the purpose of implementing this Section and for
3the development, design, planning, construction, operation,
4and maintenance of stormwater facilities provided for in the
5adopted stormwater management plan, a county board that has
6established a stormwater management planning committee
7pursuant to this Section or has participated in a stormwater
8management planning process may adopt a schedule of fees
9applicable to all real property within the county which
10benefits from the county's stormwater management facilities
11and activities, and as may be necessary to mitigate the effects
12of increased stormwater runoff resulting from development. The
13total amount of the fees assessed must be specifically and
14uniquely attributable to the actual costs of the county in the
15preparation, administration, and implementation of the adopted
16stormwater management plan, construction and maintenance of
17stormwater facilities, and other activities related to the
18management of the runoff from the property. The individual fees
19must be specifically and uniquely attributable to the portion
20of the actual cost to the county of managing the runoff from
21the property. The fees shall be used to finance activities
22undertaken by the county or its included municipalities to
23mitigate the effects of urban stormwater runoff by providing
24and maintaining stormwater collection, retention, detention,
25and particulate treatment facilities, and improving water
26bodies impacted by stormwater runoff, as identified in the

 

 

10000SB1337sam002- 33 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 34 -LRB100 07731 AWJ 25525 a

1be held in a separate fund, and shall be expended only in the
2watershed within which they were collected. The county may
3enter into intergovernmental agreements with other government
4bodies for the joint administration of stormwater management
5and the collection of the fees authorized in this Section.
6    A fee schedule authorized by this subsection must have the
7same limit as the authorized stormwater tax. In Peoria County
8only, the fee schedule shall not be adopted unless (i) a
9referendum has been passed approving a stormwater tax as
10provided in subsection (i) of this Section; or (ii) the
11question of the adoption of a fee schedule with the same limit
12as the authorized stormwater tax has been approved in a
13referendum by a majority of those voting on the question.
14    (i) In the alternative to a fee imposed under subsection
15(h), the county board may cause an annual tax of not to exceed
160.20% of the value, as equalized or assessed by the Department
17of Revenue, of all taxable property in the county to be levied
18upon all the taxable property in the county. The property tax
19shall be in addition to all other taxes authorized by law to be
20levied and collected in the county and shall be in addition to
21the maximum tax rate authorized by law for general county
22purposes. The 0.20% limitation provided in this Section may be
23increased or decreased by referendum in accordance with the
24provisions of Sections 18-120, 18-125, and 18-130 of the
25Property Tax Code (35 ILCS 200/).
26    Any revenues generated as a result of ownership or

 

 

10000SB1337sam002- 35 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 36 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 37 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 38 -LRB100 07731 AWJ 25525 a

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

 

 

10000SB1337sam002- 39 -LRB100 07731 AWJ 25525 a

1    The operations of any drainage district that continues to
2exist in a county that has adopted a stormwater management plan
3in accordance with this Section shall be in accordance with the
4adopted plan.
5    (l) Any county that has adopted a county stormwater
6management plan under this Section may, after 10 days' written
7notice receiving consent of the owner or occupant, enter upon
8any lands or waters within the county for the purpose of
9inspecting stormwater facilities or causing the removal of any
10obstruction to an affected watercourse. If consent is denied or
11cannot be reasonably obtained, the county ordinance shall
12provide a process or procedure for an administrative warrant to
13be obtained. The county shall be responsible for any damages
14occasioned thereby.
15    (m) Except as otherwise provided in subsection (a) of this
16Section, upon petition of the municipality, and based on a
17finding of the stormwater management planning committee, the
18county shall not enforce rules and regulations adopted by the
19county in any municipality located wholly or partly within the
20county that has a municipal stormwater management ordinance
21that is consistent with and at least as stringent as the county
22plan and ordinance, and is being enforced by the municipal
23authorities. On issues that the county ordinance is more
24stringent as deemed by the committee, the county shall only
25enforce rules and regulations adopted by the county on the more
26stringent issues and accept municipal permits. The county shall

 

 

10000SB1337sam002- 40 -LRB100 07731 AWJ 25525 a

1have no more than 60 days to review permits or the permits
2shall be deemed approved.
3    (n) A county may issue general obligation bonds for
4implementing any stormwater plan adopted under this Section in
5the manner prescribed in Section 5-1012; except that the
6referendum requirement of Section 5-1012 does not apply to
7bonds issued pursuant to this Section on which the principal
8and interest are to be paid entirely out of funds generated by
9the taxes and fees authorized by this Section.
10    (o) A county that has adopted a fee schedule pursuant to
11this Section may not thereafter issue any bond extensions
12related to implementing a stormwater management plan.
13    (p) The powers authorized by this Section may be
14implemented by the county board for a portion of the county
15subject to similar stormwater management needs.
16    (q) The powers and taxes authorized by this Section are in
17addition to the powers and taxes authorized by Division 5-15;
18in exercising its powers under this Section, a county shall not
19be subject to the restrictions and requirements of that
20Division.
21    (r) Stormwater management projects and actions related to
22stormwater management in a county that has adopted a fee
23schedule or tax pursuant to this Section prior to the effective
24date of this amendatory Act of the 98th General Assembly are
25not altered by this amendatory Act of the 98th General
26Assembly.

 

 

10000SB1337sam002- 41 -LRB100 07731 AWJ 25525 a

1    (s) 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. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)".