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Full Text of SB1507  100th General Assembly

SB1507 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1507

 

Introduced 2/9/2017, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1062  from Ch. 34, par. 5-1062
55 ILCS 5/5-1062.2

    Amends the Counties Code. Changes the application of provisions concerning allowing management and mitigation of the effects of urbanization on stormwater drainage in metropolitan counties located in the area served by the Northeastern Illinois Planning Commission to those located in the area served by the Chicago Metropolitan Agency for Planning. Authorizes all counties (currently, only specified counties) to adopt stormwater management plans. Provides that counties' minimum standards for floodplain and stormwater management should have an emphasis on the use of cost effective, nature-based solutions and provides examples of such solutions. Provides that the stormwater management plans shall evaluate water quality and flooding problems caused by urban flooding. Defines "urban flooding" as the flooding of public and private land in urban areas that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. Provides that a stormwater management planning committee may make grants to units of local government and landowners under specified conditions.


LRB100 10267 AWJ 20453 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1507LRB100 10267 AWJ 20453 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 5-1062 and 5-1062.2 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:
17        (1) consolidating the existing stormwater management
18    framework into a united, countywide structure;
19        (2) setting minimum standards for floodplain and
20    stormwater management with an emphasis on the use of cost
21    effective, nature-based solutions to water quality and
22    flooding problems, including, but not limited to, those
23    solutions that restore or enhance the natural hydrologic

 

 

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1    cycle by increasing infiltration, evapotranspiration, and
2    the collection of runoff for reuse as appropriate
3    considering the local conditions; and
4        (3) preparing a countywide plan for the management of
5    stormwater runoff, including the management of natural and
6    man-made drainageways. The countywide plan may incorporate
7    watershed plans and shall evaluate and address the water
8    quality and flooding problems that exist in urban areas
9    that are a result of urban flooding.
10    (b) A stormwater management planning committee shall 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. However, if the county has more than 6 county board
16districts, 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 which have
25the greatest percentage of their respective populations
26residing in such county board district or other represented

 

 

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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 or both of the
9counties. Subcommittees of the stormwater management planning
10committee may be established to serve a portion of the county
11or a particular drainage basin that has similar stormwater
12management needs. The stormwater management planning committee
13shall adopt by-laws, 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: (1) to units of local government that are members in

 

 

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1the Federal Emergency Management Agency's National Flood
2Insurance Program and have adopted an ordinance requiring
3actions consistent with the stormwater management plan; and (2)
4to landowners for the purposes of stormwater management,
5including special projects. Use of the grant money must be
6consistent with the stormwater management plan.
7    (c) In the preparation of a stormwater management plan, a
8county stormwater management planning committee shall
9coordinate the planning process with each adjoining county to
10ensure that recommended stormwater projects will have no
11significant impact on the levels or flows of stormwaters in
12inter-county watersheds or on the capacity of existing and
13planned stormwater retention facilities. An adopted stormwater
14management plan shall identify steps taken by the county to
15coordinate the development of plan recommendations with
16adjoining counties.
17    (d) (Blank).
18    (e) Prior to recommending the plan to the county board, the
19stormwater management planning committee shall hold at least
20one public hearing thereon and shall afford interested persons
21an opportunity to be heard. The hearing shall be held in the
22county seat. Notice of the hearing shall be published at least
23once no less than 15 days in advance thereof in a newspaper of
24general circulation published in the county. The notice shall
25state the time and place of the hearing and the place where
26copies of the proposed plan will be accessible for examination

 

 

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1by interested parties. If an affected municipality having a
2stormwater management plan adopted by ordinance wishes to
3protest the proposed county plan provisions, it shall appear at
4the hearing and submit in writing specific proposals to the
5stormwater management planning committee. After consideration
6of the matters raised at the hearing, the committee may amend
7or approve the plan and recommend it to the county board for
8adoption.
9    The county board may enact the proposed plan by ordinance.
10If the proposals for modification of the plan made by an
11affected municipality having a stormwater management plan are
12not included in the proposed county plan, and the municipality
13affected by the plan opposes adoption of the county plan by
14resolution of its corporate authorities, approval of the county
15plan shall require an affirmative vote of at least two-thirds
16of the county board members present and voting. If the county
17board wishes to amend the county plan, it shall submit in
18writing specific proposals to the stormwater management
19planning committee. If the proposals are not approved by the
20committee, or are opposed by resolution of the corporate
21authorities of an affected municipality having a municipal
22stormwater management plan, amendment of the plan shall require
23an affirmative vote of at least two-thirds of the county board
24members present and voting.
25    (f) The county board may prescribe by ordinance reasonable
26rules and regulations for floodplain or stormwater management

 

 

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1and for governing the location, width, course and release rate
2of all stormwater runoff channels, streams and basins in the
3county, in accordance with the adopted stormwater management
4plan. These rules and regulations shall, at a minimum, meet the
5standards for floodplain management established by the Office
6of Water Resources and the requirements of the Federal
7Emergency Management Agency for participation in the National
8Flood Insurance Program.
9    (g) In accordance with, and if recommended in, the adopted
10stormwater management plan, the county board may adopt a
11schedule of fees as may be necessary to mitigate the effects of
12increased stormwater runoff resulting from new development.
13The fees shall not exceed the cost of satisfying the onsite
14stormwater retention or detention requirements of the adopted
15stormwater management plan. The fees shall be used to finance
16activities undertaken by the county or its included
17municipalities to mitigate the effects of urban stormwater
18runoff by providing regional stormwater retention or detention
19facilities, as identified in the county plan. All such fees
20collected by the county shall be held in a separate fund, and
21shall be expended only in the watershed within which they were
22collected.
23    (h) For the purpose of implementing this Section and for
24the development, design, planning, construction, operation and
25maintenance of stormwater facilities provided for in the
26stormwater management plan, a county board that has established

 

 

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

 

 

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

 

 

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1management planning committee for exception from dissolution.
2Upon filing of the petition, the committee shall set a date for
3hearing not less than 2 weeks, nor more than 4 weeks, from the
4filing thereof, and the committee shall give at least one
5week's notice of the hearing in one or more newspapers of
6general circulation within the district, and in addition shall
7cause a copy of the notice to be personally served upon each of
8the trustees of the district. At the hearing, the committee
9shall hear the district's petition and allow the district
10trustees and any interested parties an opportunity to present
11oral and written evidence. The committee shall render its
12decision upon the petition for exception from dissolution based
13upon the best interests of the residents of the district. In
14the event that the exception is not allowed, the district may
15file a petition within 30 days of the decision with the circuit
16court. In that case, the notice and hearing requirements for
17the court shall be the same as herein provided for the
18committee. The court shall likewise render its decision of
19whether to dissolve the district based upon the best interests
20of residents of the district.
21    The dissolution of any drainage district shall not affect
22the obligation of any bonds issued or contracts entered into by
23the district nor invalidate the levy, extension or collection
24of any taxes or special assessments upon the property in the
25former drainage district. All property and obligations of the
26former drainage district shall be assumed and managed by the

 

 

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1county, and the debts of the former drainage district shall be
2discharged as soon as practicable.
3    If a drainage district lies only partly within a county
4that adopts a county stormwater management plan, the county may
5petition the circuit court to disconnect from the drainage
6district that portion of the district that lies within that
7county. The property of the drainage district within the
8disconnected area shall be assumed and managed by the county.
9The county shall also assume a portion of the drainage
10district's debt at the time of disconnection, based on the
11portion of the value of the taxable property of the drainage
12district which is located within the area being disconnected.
13    The operations of any drainage district that continues to
14exist in a county that has adopted a stormwater management plan
15in accordance with this Section shall be in accordance with the
16adopted plan.
17    (j) Any county that has adopted a county stormwater
18management plan under this Section may, after 10 days written
19notice to the owner or occupant, enter upon any lands or waters
20within the county for the purpose of inspecting stormwater
21facilities or causing the removal of any obstruction to an
22affected watercourse. The county shall be responsible for any
23damages occasioned thereby.
24    (k) 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

 

 

SB1507- 11 -LRB100 10267 AWJ 20453 b

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.
6    (l) A county may issue general obligation bonds for
7implementing any stormwater plan adopted under this Section in
8the manner prescribed in Section 5-1012; except that the
9referendum requirement of Section 5-1012 shall not apply to
10bonds issued pursuant to this Section on which the principal
11and interest are to be paid entirely out of funds generated by
12the taxes and fees authorized by this Section.
13    (m) 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    (n) 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    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
22Article VII of the Illinois Constitution, this Section
23specifically denies and limits the exercise of any power which
24is inconsistent herewith by home rule units in any county with
25a population of less than 1,500,000 in the area served by the
26Chicago Metropolitan Agency for Planning Northeastern Illinois

 

 

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1Planning Commission. This Section does not prohibit the
2concurrent exercise of powers consistent herewith.
3    (p) As used in this Section:
4    "Urban flooding" means the flooding of public and private
5land in urban communities that results from stormwater or
6snowmelt runoff overwhelming the existing drainage
7infrastructure, unrelated to the overflow of any river or lake,
8whether or not that land is located in or near a floodplain.
9    "Urban area" means a census block with a population density
10of 1,000 or more people per square mile and any group of
11contiguous census blocks around the core having a density of
12500 or more people per square mile.
13(Source: P.A. 97-916, eff. 8-9-12.)
 
14    (55 ILCS 5/5-1062.2)
15    Sec. 5-1062.2. Stormwater management.
16    (a) The purpose of this Section is to allow management and
17mitigation of the effects of urbanization on stormwater
18drainage in all counties not granted such authority under
19Sections 5-1062 and Section 5-1062.3 of this Code the
20metropolitan counties of Madison, St. Clair, Monroe, Kankakee,
21Grundy, LaSalle, DeKalb, Kendall, and Boone and references to
22"county" in this Section apply only to those counties. This
23Section does not apply to counties in the Chicago Metropolitan
24Agency for Planning Northeastern Illinois Planning Commission
25that are granted authorities in Section 5-1062. The purpose of

 

 

SB1507- 13 -LRB100 10267 AWJ 20453 b

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 cost
6    effective, nature-based solutions to water quality and
7    flooding problems, including, but not limited to, those
8    solutions that restore or enhance the natural hydrologic
9    cycle by increasing infiltration, evapotranspiration, and
10    the collection of runoff for reuse as appropriate
11    considering the local conditions.
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 the water
16    quality and flooding problems that exist in urban areas
17    that are a result of urban flooding.
18    (b) A stormwater management planning committee may 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. If the county has more than 6 county board districts,
24however, 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

 

 

SB1507- 14 -LRB100 10267 AWJ 20453 b

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 that have
7the greatest percentage of their respective populations
8residing in that 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 bylaws, 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

 

 

SB1507- 15 -LRB100 10267 AWJ 20453 b

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: (1) to units of local government that are members in
9the Federal Emergency Management Agency's National Flood
10Insurance Program and have adopted an ordinance requiring
11actions consistent with the stormwater management plan; and (2)
12to landowners for the purposes of stormwater management,
13including special projects. Use ; use of the grant money must
14be consistent with the stormwater management plan.
15    The committee shall not have or exercise any power of
16eminent domain.
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.

 

 

SB1507- 16 -LRB100 10267 AWJ 20453 b

1    (d) The stormwater management committee may not enforce any
2rules or regulations that would interfere with (i) any power
3granted by the Illinois Drainage Code (70 ILCS 605/) to
4operate, construct, maintain, or improve drainage systems or
5(ii) the ability to operate, maintain, or improve the drainage
6systems used on or by land or a facility used for production
7agriculture purposes, as defined in the Use Tax Act (35 ILCS
8105/), except newly constructed buildings and newly installed
9impervious paved surfaces. Disputes regarding an exception
10shall be determined by a mutually agreed upon arbitrator paid
11by the disputing party or parties.
12    (e) Before the stormwater management planning committee
13recommends to the county board a stormwater management plan for
14the county or a portion thereof, it shall submit the plan to
15the Office of Water Resources of the Department of Natural
16Resources for review and recommendations. The Office, in
17reviewing the plan, shall consider such factors as impacts on
18the levels or flows in rivers and streams and the cumulative
19effects of stormwater discharges on flood levels. The Office of
20Water Resources shall determine whether the plan or ordinances
21enacted to implement the plan complies with the requirements of
22subsection (f). Within a period not to exceed 60 days, the
23review comments and recommendations shall be submitted to the
24stormwater management planning committee for consideration.
25Any amendments to the plan shall be submitted to the Office for
26review.

 

 

SB1507- 17 -LRB100 10267 AWJ 20453 b

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

 

 

SB1507- 18 -LRB100 10267 AWJ 20453 b

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

 

 

SB1507- 19 -LRB100 10267 AWJ 20453 b

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

 

 

SB1507- 20 -LRB100 10267 AWJ 20453 b

1Section may cause an annual tax of not to exceed 0.20% of the
2value, as equalized or assessed by the Department of Revenue,
3of all taxable property in the county to be levied upon all the
4taxable property in the county or occupation and use taxes of
51/10 of one cent. The property tax shall be in addition to all
6other taxes authorized by law to be levied and collected in the
7county and shall be in addition to the maximum tax rate
8authorized by law for general county purposes. The 0.20%
9limitation provided in this Section may be increased or
10decreased by referendum in accordance with the provisions of
11Sections 18-120, 18-125, and 18-130 of the Property Tax Code
12(35 ILCS 200/).
13    Any revenues generated as a result of ownership or
14operation of facilities or land acquired with the tax funds
15collected pursuant to this subsection shall be held in a
16separate fund and be used either to abate such property tax or
17for implementing this Section.
18    However, the tax authorized by this subsection shall not be
19levied until the question of its adoption, either for a
20specified period or indefinitely, has been submitted to the
21electors thereof and approved by a majority of those voting on
22the question. This question may be submitted at any election
23held in the county after the adoption of a resolution by the
24county board providing for the submission of the question to
25the electors of the county. The county board shall certify the
26resolution and proposition to the proper election officials,

 

 

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

 

 

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

 

 

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

 

 

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1snowmelt runoff overwhelming the existing drainage
2infrastructure, unrelated to the overflow of any river or lake,
3whether or not that land is located in or near a floodplain.
4    "Urban areas" means a census block with a population
5density of 1,000 or more people per square mile and any group
6of contiguous census blocks around the core having a density of
7500 or more people per square mile.
8(Source: P.A. 94-675, eff. 8-23-05.)