093_HB2242

 
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 1        AN ACT concerning local government.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-1062.1 as follows:

 6        (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
 7        Sec.  5-1062.1.   Stormwater management planning councils
 8    in Cook County.
 9        (a)  Stormwater management planning in Cook County  shall
10    be  conducted  as  provided in Section 7h of the Metropolitan
11    Water Reclamation District Act.  References in  this  Section
12    to  the  "District"  mean  the Metropolitan Water Reclamation
13    District of Greater Chicago.
14        The  purpose  of  this  Section  is  to  create  planning
15    councils,  organized  by  watershed,  to  contribute  to  the
16    stormwater  management  planning  process  by  advising   the
17    Metropolitan  Water  Reclamation  District of Greater Chicago
18    and representing the needs and interests of  the  members  of
19    the  public  and  the local governments included within their
20    respective watersheds. allow management and mitigation of the
21    effects  of  urbanization  on  stormwater  drainage  in  Cook
22    County, and  This Section applies only to Cook  County.    In
23    addition,  this Section is intended to improve stormwater and
24    floodplain management in Cook County by the following:
25             (1)  Setting minimum standards  for  floodplain  and
26        stormwater management.
27             (2)  Preparing   plans   for   the   management   of
28        floodplains   and   stormwater   runoff,   including  the
29        management of natural and man-made drainage ways.
30        (b)  The purpose of this Section shall be achieved by the
31    following:
 
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 1        (1)  Creating 6 Stormwater management  planning  councils
 2    shall  be  formed  for each of the following according to the
 3    established watersheds  of  the  Chicago  Metropolitan  Area:
 4    North  Branch  Chicago  River, Lower Des Plaines Tributaries,
 5    Cal-Sag Channel, Little  Calumet  River,  Poplar  Creek,  and
 6    Upper  Salt  Creek.   In  addition,  a  stormwater management
 7    planning council shall be established for the combined  sewer
 8    areas  of  Cook  County.    Additional  stormwater management
 9    planning councils may be formed by  the  District  Stormwater
10    Management  Planning  Committee  for  other watersheds within
11    Cook County.
12        Membership on the watershed councils shall consist of the
13    chief elected official, or his or  her  designee,  from  each
14    municipality  and  township within the watershed and the Cook
15    County  Board  President,  or  his  or   her   designee,   if
16    unincorporated   area   is  included  in  the  watershed.   A
17    municipality or township shall be a member of more  than  one
18    watershed   council  if  the  corporate  boundaries  of  that
19    municipality, or township extend entered into more  than  one
20    watershed,  or  if  the municipality or township is served in
21    part by separate sewers and combined sewers.
22        Subcommittees  of  the  stormwater  management   planning
23    councils   may   be  established  to  assist  the  stormwater
24    management  planning  councils  in  performing  their  duties
25    preparing and implementing a stormwater management plan.  The
26    councils may adopt bylaws to govern the  functioning  of  the
27    stormwater management councils and subcommittees.
28        (2)  Creating,    by   intergovernmental   agreement,   a
29    county-wide Stormwater Management Planning Committee with its
30    membership  consisting  of  the  Chairman  of  each  of   the
31    watershed   management   councils,   the  Cook  County  Board
32    President or his  designee,  and  the  Northeastern  Illinois
33    Planning Commission President or his designee.
34        (c)  (3)  The  principal duties of the watershed planning
 
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 1    councils shall be to advise the District on  the  development
 2    and  implementation  of  the  countywide develop a stormwater
 3    management plan with respect to  matters  relating  to  their
 4    respective   watersheds  and  to  advise  and  represent  the
 5    concerns of for the watershed area and to recommend the  plan
 6    for  adoption  to  the  units  of  local  government  in  the
 7    watershed  area.   The councils shall meet at least quarterly
 8    and shall  hold  at  least  one  public  hearing  during  the
 9    preparation  of  the  plan.    Adoption of the watershed plan
10    shall be by each municipality in the watershed and by vote of
11    the County Board.
12        (d) (4)  The District principal duty of  the  county-wide
13    Stormwater  Management  Planning Committee shall give careful
14    consideration to the  recommendations  and  concerns  of  the
15    watershed  planning councils throughout the planning process,
16    and shall be to coordinate the 6 watershed plans as developed
17    and to coordinate the planning  process  with  the  adjoining
18    counties  to ensure that recommended stormwater projects will
19    have no significant adverse impact on the levels or flows  of
20    stormwater  in  the inter-county watershed or on the capacity
21    of existing and planned stormwater retention facilities.  The
22    District Committee shall  identify  in  an  annual  published
23    report  steps  taken  by  the  District  to  accommodate  the
24    concerns   and  recommendations  of  the  watershed  planning
25    councils. Committee to coordinate  the  development  of  plan
26    recommendations with adjoining counties.  The Committee shall
27    also   publish  a  coordinated  stormwater  document  of  all
28    activity in the Cook County area and agreed  upon  stormwater
29    planning standards.
30        (5)  The  stormwater  management planning committee shall
31    submit the coordinated watershed plans to the Office of Water
32    Resources of the Department of Natural Resources and  to  the
33    Northeastern  Illinois  Planning  Commission  for  review and
34    recommendation.  The Office and the Commission, in  reviewing
 
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 1    the plan, shall consider those factors as impact on the level
 2    or flows in the rivers and streams and the cumulative effects
 3    of   stormwater  discharges  on  flood  levels.   The  review
 4    comments  and  recommendations  shall  be  submitted  to  the
 5    watershed councils for consideration.
 6        (e)  (6)  The  stormwater  management  planning  councils
 7    committee may recommend rules and regulations to the District
 8    watershed councils governing the location, width, course, and
 9    release rates of all stormwater runoff channels, streams, and
10    basins in their respective watersheds the county.
11        (f) (7)  The Northwest Municipal  Conference,  the  South
12    Suburban  Mayors  and  Managers  Association,  and  the  West
13    Central  Municipal  Conference  shall  be responsible for the
14    coordination of the  planning  councils  created  under  this
15    Section.
16    (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)

17        Section  10.  The Metropolitan Water Reclamation District
18    Act is amended changing Section 12 and by adding  Section  7h
19    as follows:

20        (70 ILCS 2605/7h new)
21        Sec. 7h. Stormwater management.
22        (a)  Stormwater  management in Cook County shall be under
23    the general supervision of the Metropolitan Water Reclamation
24    District of Greater Chicago.  The District has the  authority
25    to  plan,  manage, implement, and finance activities relating
26    to stormwater management in Cook County.   The  authority  of
27    the  District  with  respect to stormwater management extends
28    throughout Cook  County  and  is  not  limited  to  the  area
29    otherwise  within  the  territory  and  jurisdiction  of  the
30    District under this Act.
31        For  the  purposes  of this Section, the term "stormwater
32    management" includes, without limitation, the  management  of
 
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 1    floods and floodwaters.
 2        (b)  The   District   may   utilize   the   resources  of
 3    cooperating   local   watershed   councils   (including   the
 4    stormwater management planning councils created under Section
 5    5-1062.1  of  the   Counties   Code),   councils   of   local
 6    governments,  the  Northeastern Illinois Planning Commission,
 7    and similar organizations and  agencies.   The  District  may
 8    provide  those  organizations and agencies with funding, on a
 9    contractual basis, for providing information to the District,
10    providing information to  the  public,  or  performing  other
11    activities related to stormwater management.
12        The  District  may enter into agreements with responsible
13    agencies  in  adjoining   counties   for   the   purpose   of
14    accommodating planning activities on a watershed basis.
15        The  District may enter into intergovernmental agreements
16    with Cook County or other units of local government that  are
17    located  in  whole  or  in  part outside the District for the
18    purpose of implementing the stormwater  management  plan  and
19    providing   stormwater   management  services  in  areas  not
20    included within the territory of the District.
21        (c)  The District shall prepare and adopt by ordinance  a
22    countywide  stormwater  management plan for Cook County.  The
23    countywide  plan  may  incorporate  one  or   more   separate
24    watershed plans.
25        Prior  to  adopting  the countywide stormwater management
26    plan, the District shall hold at  least  one  public  hearing
27    thereon and shall afford interested persons an opportunity to
28    be heard.
29        (d)  The  District  may prescribe by ordinance reasonable
30    rules  and  regulations   for   floodplain   and   stormwater
31    management and for governing the location, width, course, and
32    release  rate of all stormwater runoff channels, streams, and
33    basins  in  Cook  County,  in  accordance  with  the  adopted
34    stormwater management  plan.   These  rules  and  regulations
 
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 1    shall,  at  a  minimum,  meet  the  standards  for floodplain
 2    management established by the Office of  Water  Resources  of
 3    the  Department  of Natural Resources and the requirements of
 4    the Federal Emergency Management Agency for participation  in
 5    the National Flood Insurance Program.
 6        (e)  The  District  may  impose fees on areas outside the
 7    District but within Cook County to mitigate  the  effects  of
 8    increased  stormwater  runoff resulting from new development.
 9    The fees shall not exceed the cost of satisfying  the  onsite
10    stormwater retention or detention requirements of the adopted
11    stormwater  management  plan.   The  fees  shall  be  used to
12    finance activities undertaken by the  District  or  units  of
13    local  government within the District to mitigate the effects
14    of urban stormwater runoff by providing  regional  stormwater
15    retention or detention facilities, as identified in the plan.
16    All  such  fees  collected by the District shall be held in a
17    separate fund.
18        (f)  Amounts realized from the tax  levy  for  stormwater
19    management  purposes  authorized in Section 12 may be used by
20    the District  for  implementing  this  Section  and  for  the
21    development,  design,  planning, construction, operation, and
22    maintenance of regional stormwater facilities provided for in
23    the stormwater management plan.
24        The proceeds of any tax  imposed  under  Section  12  for
25    stormwater  management purposes and any revenues generated as
26    a result of the ownership or operation of facilities or  land
27    acquired  with the proceeds of taxes imposed under Section 12
28    for  stormwater  management  purposes  shall  be  held  in  a
29    separate fund and used either for implementing  this  Section
30    or to abate those taxes.
31        (g)  The  District  may  plan,  implement,  finance,  and
32    operate regional stormwater management projects in accordance
33    with the adopted countywide stormwater management plan.
34        The  District shall provide for public review and comment
 
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 1    on proposed stormwater  management  projects.   The  District
 2    shall  conform  to  State and federal requirements concerning
 3    public   information,    environmental    assessments,    and
 4    environmental impacts for projects receiving State or federal
 5    funds.
 6        The  District  may issue bonds under Section 9.6a of this
 7    Act  for  the  purpose  of  funding   stormwater   management
 8    projects.
 9        The  District  shall  not use Cook County Forest Preserve
10    District  land  for  stormwater  or  flood  control  projects
11    without the consent of the Forest Preserve District.
12        (h)  Upon the creation and  implementation  of  a  county
13    stormwater  management  plan,  the  District may petition the
14    circuit court to  dissolve  any  or  all  drainage  districts
15    created pursuant to the Illinois Drainage Code or predecessor
16    Acts that are located entirely within the District.
17        However, any active drainage district implementing a plan
18    that  is  consistent  with  and  at least as stringent as the
19    county stormwater management plan may petition  the  District
20    for exception from dissolution.  Upon filing of the petition,
21    the  District  shall  set  a date for hearing not less than 2
22    weeks, nor more than 4 weeks, from the  filing  thereof,  and
23    the  District  shall  give  at least one week's notice of the
24    hearing in one or  more  newspapers  of  general  circulation
25    within  the  drainage district, and in addition shall cause a
26    copy of the notice to be personally served upon each  of  the
27    trustees  of  the  drainage  district.   At  the hearing, the
28    District shall hear  the  drainage  district's  petition  and
29    allow  the  drainage  district  trustees  and  any interested
30    parties an opportunity to present oral and written  evidence.
31    The  District shall render its decision upon the petition for
32    exception from dissolution based upon the best  interests  of
33    the  residents  of  the drainage district.  In the event that
34    the exception is not allowed, the drainage district may  file
 
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 1    a  petition  with  the  circuit  court  within 30 days of the
 2    decision.  In that case, the notice and hearing  requirements
 3    for  the  court  shall  be  the  same  as  provided  in  this
 4    subsection for the petition to the District.  The court shall
 5    render its decision of whether to dissolve the district based
 6    upon  the  best  interests  of  the residents of the drainage
 7    district.
 8        The dissolution of a drainage district shall  not  affect
 9    the  obligation of any bonds issued or contracts entered into
10    by the drainage district nor invalidate the levy,  extension,
11    or  collection  of  any taxes or special assessments upon the
12    property in the former drainage district.  All  property  and
13    obligations  of the former drainage district shall be assumed
14    and managed by the District, and  the  debts  of  the  former
15    drainage district shall be discharged as soon as practicable.
16        If  a  drainage  district  lies  only  partly  within the
17    District, the District may  petition  the  circuit  court  to
18    disconnect  from  the  drainage  district that portion of the
19    drainage  district  that  lies  within  the  District.    The
20    property  of  the  drainage  district within the disconnected
21    area shall be assumed  and  managed  by  the  District.   The
22    District   shall  also  assume  a  portion  of  the  drainage
23    district's debt at the time of disconnection,  based  on  the
24    portion  of the value of the taxable property of the drainage
25    district which is located within the area being disconnected.
26        A drainage district that continues to exist  within  Cook
27    County   shall  conform  its  operations  to  the  countywide
28    stormwater management plan.
29        (i)  The   District   may   assume   responsibility   for
30    maintaining any stream within Cook County.
31        (j)  The District may, after 10 days  written  notice  to
32    the  owner or occupant, enter upon any lands or waters within
33    the  county  for  the  purpose   of   inspecting   stormwater
34    facilities  or  causing  the removal of any obstruction to an
 
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 1    affected watercourse.  The District shall be responsible  for
 2    any damages occasioned thereby.
 3        (k)  The  District shall report to the public annually on
 4    its activities and expenditures under this  Section  and  the
 5    adopted countywide stormwater management plan.
 6        (l)  The  powers  granted  to  the  District  under  this
 7    Section  are  in  addition  to the other powers granted under
 8    this Act.  This Section does not  limit  the  powers  of  the
 9    District  under  any other provision of this Act or any other
10    law.
11        (m)  This Section does not affect the power  or  duty  of
12    any  unit  of  local  government  to take actions relating to
13    flooding or stormwater, so long as those actions conform with
14    this Section and the plans, rules, and ordinances adopted  by
15    the District under this Section.
16        A  home  rule  unit  located  in whole or in part in Cook
17    County (other than a  municipality  with  a  population  over
18    1,000,000) may not regulate stormwater management or planning
19    in  Cook County in a manner inconsistent with this Section or
20    the plans, rules, and  ordinances  adopted  by  the  District
21    under  this  Section;  provided, within a municipality with a
22    population over 1,000,000, the stormwater management planning
23    program  of  Cook  County  shall   be   conducted   by   that
24    municipality    or,    to   the   extent   provided   in   an
25    intergovernmental agreement between the municipality and  the
26    District,  by the District pursuant to this Section; provided
27    further that the power granted to such municipality shall not
28    be  inconsistent  with  existing  powers  of  the   District.
29    Pursuant  to paragraph (i) of Section 6 of Article VII of the
30    Illinois Constitution, this Section specifically  denies  and
31    limits  the  exercise  of any power that is inconsistent with
32    this Section by a home rule unit that  is  a  county  with  a
33    population of 1,500,000 or more or is located, in whole or in
34    part,  within such a county, other than a municipality with a
 
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 1    population over 1,000,000.

 2        (70 ILCS 2605/12) (from Ch. 42, par. 332)
 3        Sec. 12.  The board of commissioners  annually  may  levy
 4    taxes   for  corporate  purposes  upon  property  within  the
 5    territorial limits of such sanitary district,  the  aggregate
 6    amount  of  which, exclusive of the amount levied for (a) the
 7    payment of bonded indebtedness and  the  interest  on  bonded
 8    indebtedness  (b) employees' annuity and benefit purposes (c)
 9    construction  purposes,  and   (d)   for   the   purpose   of
10    establishing  and  maintaining a reserve fund for the payment
11    of claims, awards, losses,  judgments  or  liabilities  which
12    might be imposed on such sanitary district under the Workers'
13    Compensation  Act  or the Workers' Occupational Diseases Act,
14    and any claim in tort, including  but  not  limited  to,  any
15    claim  imposed  upon  such  sanitary district under the Local
16    Governmental and Governmental Employees  Tort  Immunity  Act,
17    and  for  the  repair or replacement of any property owned by
18    such sanitary district  which  is  damaged  by  fire,  flood,
19    explosion,  vandalism or any other peril, natural or manmade,
20    shall not exceed the sum produced by extending  the  rate  of
21    .46%  for  each  of  the  years year 1979 through 2002 and by
22    extending the rate of 0.41% for the year 2003 and  each  year
23    thereafter,  upon  the  assessed  valuation  of  all  taxable
24    property  within  the  sanitary  district  as  equalized  and
25    determined for State and local taxes.
26        In   addition,   for   stormwater   management  purposes,
27    including but not limited to those provided in subsection (f)
28    of Section 7h, the board of commissioners may levy taxes  for
29    the  year  2003  and  each  year  thereafter at a rate not to
30    exceed  0.05%  of  the  assessed  valuation  of  all  taxable
31    property within the district as equalized and determined  for
32    State and local taxes.
33        And  In  addition  thereto,  for construction purposes as
 
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 1    defined  in  Section  5.2  of  this   Act,   the   board   of
 2    commissioners  may levy taxes for the year 1985 and each year
 3    thereafter which shall be at a rate not to exceed .10% of the
 4    assessed  valuation  of  all  taxable  property  within   the
 5    sanitary  district  as equalized and determined for State and
 6    local taxes.  Amounts  realized  from  taxes  so  levied  for
 7    construction  purposes  shall  be  limited  for  use  to such
 8    purposes and shall not be available for appropriation or used
 9    to defray the cost of repairs to or expense of maintaining or
10    operating   existing   or   future   facilities,   but   such
11    restrictions,  however,  shall  not   apply   to   additions,
12    alterations,  enlargements,  and  replacements which will add
13    appreciably to the value, utility, or the useful life of said
14    facilities.
15        Such  rates  shall  be  extended  against  the   assessed
16    valuation of the taxable property within the corporate limits
17    as  the  same  shall be assessed and equalized for the county
18    taxes for the year in which  the levy is made and said  board
19    shall  cause the amount to be raised by taxation in each year
20    to be  certified  to  the  county  clerk  on  or  before  the
21    thirtieth day of March; provided, however, that if during the
22    budget  year  the  General Assembly authorizes an increase in
23    such  rates,  the  board  of  commissioners   may   adopt   a
24    supplemental  levy  and  shall make such certification to the
25    County Clerk on or before the thirtieth day of December.
26        For the purpose of establishing and maintaining a reserve
27    fund for the payment of claims, awards, losses, judgments  or
28    liabilities  which might be imposed on such sanitary district
29    under  the  Workers'  Compensation  Act   or   the   Workers'
30    Occupational  Diseases  Act, and any claim in tort, including
31    but not limited to, any  claim  imposed  upon  such  sanitary
32    district   under  the  Local  Governmental  and  Governmental
33    Employees  Tort  Immunity  Act,  and  for   the   repair   or
34    replacement,  where  the  cost  thereof  exceeds  the  sum of
 
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 1    $10,000, of any property  owned  by  such  sanitary  district
 2    which  is damaged by fire, flood, explosion, vandalism or any
 3    other peril, natural or man-made, such sanitary district  may
 4    also  levy  annually  upon  all  taxable  property within its
 5    territorial limits a tax not to exceed .005% of the  assessed
 6    valuation   of   said   taxable  property  as  equalized  and
 7    determined for State and local taxes; provided, however,  the
 8    aggregate  amount  which  may  be accumulated in such reserve
 9    fund shall not exceed .05% of such assessed valuation.
10        All taxes so levied and certified shall be collected  and
11    enforced in the same manner and by the same officers as State
12    and  county  taxes,  and  shall  be  paid over by the officer
13    collecting  the  same  to  the  treasurer  of  the   sanitary
14    district,  in  the  manner  and  at  the time provided by the
15    general revenue law. No part of the taxes  hereby  authorized
16    shall  be used by such sanitary district for the construction
17    of permanent, fixed, immovable  bridges  across  any  channel
18    constructed  under  the  provisions  of this Act. All bridges
19    built across such channel  shall  not  necessarily  interfere
20    with  or  obstruct  the  navigation of such channel, when the
21    same becomes a navigable stream, as provided in Section 24 of
22    this Act, but such bridges shall be so constructed that  they
23    can  be  raised,  swung  or  moved out of the way of vessels,
24    tugs, boats or other water  craft  navigating  such  channel.
25    Nothing  in  this Act shall be so construed as to compel said
26    district to maintain or  operate  said  bridges,  as  movable
27    bridges, for a period of 9 years from and after the time when
28    the  water has been turned into said channel pursuant to law,
29    unless the needs of general navigation of the Des Plaines and
30    Illinois Rivers,  when  connected  by  said  channel,  sooner
31    require  it.  In levying taxes the board of commissioners, in
32    order to produce the net amount required by  the  levies  for
33    payment  of  bonds  and  interest  thereon,  shall include an
34    amount or rate estimated to be sufficient to cover losses  in
 
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 1    collection of taxes, the cost of collecting taxes, abatements
 2    in  the  amount  of such taxes as extended on the collector's
 3    books and the amount of such taxes collection of  which  will
 4    be deferred; the amount so added for the purpose of producing
 5    the  net  amount  required  shall  not  exceed any applicable
 6    maximum tax rate or amount.
 7    (Source: P.A. 84-630.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.