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Full Text of HB3372  97th General Assembly

HB3372ham003 97TH GENERAL ASSEMBLY

Rep. Mike Fortner

Filed: 4/5/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3372

2    AMENDMENT NO. ______. Amend House Bill 3372, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by changing
6Sections 5-1062 and 5-1062.2 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 Northeastern Illinois Planning Commission, and references
13to "county" in this Section shall apply only to those counties.
14This Section shall not apply to any county with a population in
15excess of 1,500,000, except as provided in subsection (c). The
16purpose of this Section shall be achieved by:

 

 

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

 

 

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

 

 

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1coordinate the planning process with each adjoining county to
2ensure that recommended stormwater projects will have no
3significant impact on the levels or flows of stormwaters in
4inter-county watersheds or on the capacity of existing and
5planned stormwater retention facilities. An adopted stormwater
6management plan shall identify steps taken by the county to
7coordinate the development of plan recommendations with
8adjoining counties.
9    (d) Before the stormwater management planning committee
10recommends to the county board a stormwater management plan for
11the county or a portion thereof, it shall submit the plan to
12the Office of Water Resources of the Department of Natural
13Resources and to the Northeastern Illinois Planning Commission
14for review and recommendations. The Office and the Commission,
15in reviewing the plan, shall consider such factors as impacts
16on the 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 and
24the Commission for review.
25    (e) Prior to recommending the plan to the county board, the
26stormwater management planning committee shall hold at least

 

 

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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 no less than 15 days in advance thereof in a newspaper of
5general circulation published in the county. The notice shall
6state the time and place of the hearing and the place where
7copies of the proposed plan will be accessible for examination
8by interested parties. If an affected municipality having a
9stormwater management plan adopted by ordinance wishes to
10protest the proposed county plan provisions, it shall appear at
11the 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

 

 

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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    (f) The county board may prescribe by ordinance reasonable
7rules and regulations for floodplain management and for
8governing the location, width, course and release rate of all
9stormwater runoff channels, streams and basins in the county,
10in accordance with the adopted stormwater management plan.
11These rules and regulations shall, at a minimum, meet the
12standards for floodplain management established by the Office
13of Water Resources and the requirements of the Federal
14Emergency Management Agency for participation in the National
15Flood Insurance Program.
16    (g) For the purposes of implementing this Section and for
17the development, design, planning, construction, operation,
18and maintenance of stormwater facilities provided for in In
19accordance with, and if recommended in, the adopted stormwater
20management plan, a the county board that has established a
21stormwater management planning committee pursuant to this
22Section or has participated in a stormwater management planning
23process may adopt a schedule of fees applicable to all real
24property within the county which benefits from the county's
25stormwater management facilities and activities, and as may be
26necessary to mitigate the effects of increased stormwater

 

 

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1runoff resulting from new development and redevelopment. The
2total amount of the fees assessed must bear a reasonable
3relationship to the actual costs of the county in the
4preparation, administration, and implementation of the shall
5not exceed the cost of satisfying the onsite stormwater
6retention or detention requirements of the adopted stormwater
7management plan, construction and maintenance of related
8facilities, and management of the runoff from the property. The
9individual fees must bear a reasonable relationship to the
10portion of the cost to the county of managing the runoff from
11the property. The fees shall be used to finance activities
12undertaken by the county or its included municipalities to
13mitigate the effects of urban stormwater runoff by providing
14and maintaining regional stormwater collection, retention, or
15detention, and treatment facilities and improving water bodies
16impacted by stormwater runoff, as identified in the county
17plan. In establishing, maintaining, or replacing the
18facilities, the county shall not duplicate facilities operated
19by other governmental bodies within its corporate boundaries.
20The schedule of fees established by the county board shall
21include a procedure for a full or partial fee waiver for
22property owners who have taken actions or put in place
23facilities that reduce or eliminate the cost to the county of
24providing stormwater management services to their property,
25with a preference for facilities that reduce the volume,
26temperature, velocity, and pollutant load of the stormwater

 

 

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1managed by the county, such as systems that infiltrate,
2evapotranspirate, or harvest stormwater for reuse, known as
3"green infrastructure." The county board may also offer tax
4rebates or incentive payments to property owners who construct,
5maintain, and use approved green infrastructure stormwater
6management devices. In exercising this authority, the county
7shall give property owners at least 2 years' notice of the fee
8during which time the county shall provide education on green
9infrastructure practices and an opportunity to take action to
10reduce or eliminate the fee. All such fees collected by the
11county shall be held in a separate fund, and shall be expended
12only in the watershed within which they were collected. The
13county may enter into intergovernmental agreements with other
14government bodies for the joint administration of stormwater
15management and the collection of the fees authorized in this
16Section.
17    A fee schedule authorized by this subsection must have the
18same limit as the authorized stormwater tax and shall not be
19adopted unless (i) at least part of the county has been
20declared by a presidential proclamation after July 1, 1986 and
21before December 31, 1987, to be a disaster area as a result of
22flooding; (ii) a referendum has been passed approving a
23stormwater tax as provided in subsection (h) of this Section;
24or (iii) the question of the adoption of a fee schedule with
25the same limit as the authorized stormwater tax has been
26approved in a referendum by a majority of those voting on the

 

 

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1question.
2    (h) In the alternative, the For the purpose of implementing
3this Section and for the development, design, planning,
4construction, operation and maintenance of stormwater
5facilities provided for in the stormwater management plan, a
6county board that has established a stormwater management
7planning committee pursuant to this Section may cause an annual
8tax of not to exceed 0.20% of the value, as equalized or
9assessed by the Department of Revenue, of all taxable property
10in the county to be levied upon all the taxable property in the
11county. The tax shall be in addition to all other taxes
12authorized by law to be levied and collected in the county and
13shall be in addition to the maximum tax rate authorized by law
14for general county purposes. The 0.20% limitation provided in
15this Section may be increased or decreased by referendum in
16accordance with the provisions of Sections 18-120, 18-125, and
1718-130 of the Property Tax Code.
18    Any revenues generated as a result of ownership or
19operation of facilities or land acquired with the tax funds
20collected pursuant to this subsection (h) shall be held in a
21separate fund and be used either to abate such property tax or
22for implementing this Section.
23    If a county adopts a fee schedule it may not also levy a
24tax under this subsection, except that if the county has
25existing debt repayments to make, the remainder of that debt
26may be paid with proceeds from a tax imposed for stormwater

 

 

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

 

 

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1........ County?
2-------------------------------------------------------------
3    The following question may be submitted at any election
4held in the county after the adoption of a resolution by the
5county board providing for the submission of the question to
6the electors of the county to authorize adoption of a schedule
7of fees applicable to all real property within the county:
8        Shall the county board be authorized to adopt a
9    schedule of fees, at a rate not exceeding that of the
10    stormwater management tax, applicable to all real property
11    for preparation, administration, and implementation of an
12    adopted stormwater management plan, construction and
13    maintenance of related facilities, and management of the
14    runoff from the property?
15    Votes shall be recorded as Yes or No.
16    (i) Upon the creation and implementation of a county
17stormwater management plan, the county may petition the circuit
18court to dissolve any or all drainage districts created
19pursuant to the Illinois Drainage Code or predecessor Acts
20which are located entirely within the area of the county
21covered by the plan.
22    However, any active drainage district implementing a plan
23that is consistent with and at least as stringent as the county
24stormwater management plan may petition the stormwater
25management planning committee for exception from dissolution.
26Upon filing of the petition, the committee shall set a date for

 

 

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

 

 

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1    If a drainage district lies only partly within a county
2that adopts a county stormwater management plan, the county may
3petition the circuit court to disconnect from the drainage
4district that portion of the district that lies within that
5county. The property of the drainage district within the
6disconnected area shall be assumed and managed by the county.
7The county shall also assume a portion of the drainage
8district's debt at the time of disconnection, based on the
9portion of the value of the taxable property of the drainage
10district which is located within the area being disconnected.
11    The operations of any drainage district that continues to
12exist in a county that has adopted a stormwater management plan
13in accordance with this Section shall be in accordance with the
14adopted plan.
15    (j) Any county that has adopted a county stormwater
16management plan under this Section may, after 10 days written
17notice to the owner or occupant, enter upon any lands or waters
18within the county for the purpose of inspecting stormwater
19facilities or causing the removal of any obstruction to an
20affected watercourse. The county shall be responsible for any
21damages occasioned thereby.
22    (k) 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.
4    (l) A county may issue general obligation bonds for
5implementing any stormwater plan adopted under this Section in
6the manner prescribed in Section 5-1012; except that the
7referendum requirement of Section 5-1012 shall not apply to
8bonds issued pursuant to this Section on which the principal
9and interest are to be paid entirely out of funds generated by
10the taxes and fees authorized by this Section.
11    (m) The powers authorized by this Section may be
12implemented by the county board for a portion of the county
13subject to similar stormwater management needs.
14    (n) The powers and taxes authorized by this Section are in
15addition to the powers and taxes authorized by Division 5-15;
16in exercising its powers under this Section, a county shall not
17be subject to the restrictions and requirements of that
18Division.
19    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
20Article VII of the Illinois Constitution, this Section
21specifically denies and limits the exercise of any power which
22is inconsistent herewith by home rule units in any county with
23a population of less than 1,500,000 in the area served by the
24Northeastern Illinois Planning Commission. This Section does
25not prohibit the concurrent exercise of powers consistent
26herewith.

 

 

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1(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
 
2    (55 ILCS 5/5-1062.2)
3    Sec. 5-1062.2. Stormwater management.
4    (a) The purpose of this Section is to allow management and
5mitigation of the effects of urbanization on stormwater
6drainage in the metropolitan counties of Madison, St. Clair,
7Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
8and references to "county" in this Section apply only to those
9counties, except that the counties of Champaign, Macon, McLean,
10Peoria, Rock Island, Sangamon, Tazewell, Vermilion, and
11Winnebago are authorized to adopt a schedule of fees as
12outlined in subsection (h) of this Section. This Section does
13not apply to any other counties in the State, including those
14located in the area served by the Northeastern Illinois
15Planning Commission that are granted authorities in Section
165-1062. The purpose of this 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.
21        (3) Preparing a countywide plan for the management of
22    stormwater runoff, including the management of natural and
23    man-made drainageways. The countywide plan may incorporate
24    watershed plans.
25    (b) A stormwater management planning committee may be

 

 

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1established by county board resolution, with its membership
2consisting of equal numbers of county board and municipal
3representatives from each county board district, and such other
4members as may be determined by the county and municipal
5members. If the county has more than 6 county board districts,
6however, the county board may by ordinance divide the county
7into not less than 6 areas of approximately equal population,
8to be used instead of county board districts for the purpose of
9determining representation on the stormwater management
10planning committee.
11    The county board members shall be appointed by the chairman
12of the county board. Municipal members from each county board
13district or other represented area shall be appointed by a
14majority vote of the mayors of those municipalities that have
15the greatest percentage of their respective populations
16residing in that county board district or other represented
17area. All municipal and county board representatives shall be
18entitled to a vote; the other members shall be nonvoting
19members, unless authorized to vote by the unanimous consent of
20the municipal and county board representatives. A municipality
21that is located in more than one county may choose, at the time
22of formation of the stormwater management planning committee
23and based on watershed boundaries, to participate in the
24stormwater management planning program of either or both of the
25counties. Subcommittees of the stormwater management planning
26committee may be established to serve a portion of the county

 

 

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1or a particular drainage basin that has similar stormwater
2management needs. The stormwater management planning committee
3shall adopt bylaws, by a majority vote of the county and
4municipal members, to govern the functions of the committee and
5its subcommittees. Officers of the committee shall include a
6chair and vice chair, one of whom shall be a county
7representative and one a municipal representative.
8    The principal duties of the committee shall be to develop a
9stormwater management plan for presentation to and approval by
10the county board, and to direct the plan's implementation and
11revision. The committee may retain engineering, legal, and
12financial advisors and inspection personnel. The committee
13shall meet at least quarterly and shall hold at least one
14public meeting during the preparation of the plan and prior to
15its submittal to the county board. The committee may make
16grants to units of local government that have adopted an
17ordinance requiring actions consistent with the stormwater
18management plan and to landowners for the purposes of
19stormwater management, including special projects; use of the
20grant money must be consistent with the stormwater management
21plan.
22    The committee shall not have or exercise any power of
23eminent domain.
24    (c) In the preparation of a stormwater management plan, a
25county stormwater management planning committee shall
26coordinate the planning process with each adjoining county to

 

 

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1ensure that recommended stormwater projects will have no
2significant impact on the levels or flows of stormwaters in
3inter-county watersheds or on the capacity of existing and
4planned stormwater retention facilities. An adopted stormwater
5management plan shall identify steps taken by the county to
6coordinate the development of plan recommendations with
7adjoining counties.
8    (d) The stormwater management committee may not enforce any
9rules or regulations that would interfere with (i) any power
10granted by the Illinois Drainage Code (70 ILCS 605/) to
11operate, construct, maintain, or improve drainage systems or
12(ii) the ability to operate, maintain, or improve the drainage
13systems used on or by land or a facility used for production
14agriculture purposes, as defined in the Use Tax Act (35 ILCS
15105/), except newly constructed buildings and newly installed
16impervious paved surfaces. Disputes regarding an exception
17shall be determined by a mutually agreed upon arbitrator paid
18by the disputing party or parties.
19    (e) Before the stormwater management planning committee
20recommends to the county board a stormwater management plan for
21the county or a portion thereof, it shall submit the plan to
22the Office of Water Resources of the Department of Natural
23Resources for review and recommendations. The Office, in
24reviewing the plan, shall consider such factors as impacts on
25the levels or flows in rivers and streams and the cumulative
26effects of stormwater discharges on flood levels. The Office of

 

 

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1Water Resources shall determine whether the plan or ordinances
2enacted to implement the plan complies with the requirements of
3subsection (f). Within a period not to exceed 60 days, the
4review comments and recommendations shall be submitted to the
5stormwater management planning committee for consideration.
6Any amendments to the plan shall be submitted to the Office for
7review.
8    (f) Prior to recommending the plan to the county board, the
9stormwater management planning committee shall hold at least
10one public hearing thereon and shall afford interested persons
11an opportunity to be heard. The hearing shall be held in the
12county seat. Notice of the hearing shall be published at least
13once no less than 15 days in advance of the hearing in a
14newspaper of general circulation published in the county. The
15notice shall state the time and place of the hearing and the
16place where copies of the proposed plan will be accessible for
17examination by interested parties. If an affected municipality
18having a stormwater management plan adopted by ordinance wishes
19to protest the proposed county plan provisions, it shall appear
20at the hearing and submit in writing specific proposals to the
21stormwater management planning committee. After consideration
22of the matters raised at the hearing, the committee may amend
23or approve the plan and recommend it to the county board for
24adoption.
25    The county board may enact the proposed plan by ordinance.
26If the proposals for modification of the plan made by an

 

 

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

 

 

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1district. These rules and regulations shall, at a minimum, meet
2the standards for floodplain management established by the
3Office of Water Resources and the requirements of the Federal
4Emergency Management Agency for participation in the National
5Flood Insurance Program. The Commission may not impose more
6stringent regulations regarding water quality on entities
7discharging in accordance with a valid National Pollution
8Discharge Elimination System permit issued under the
9Environmental Protection Act.
10    (h) For the purpose of implementing this Section and for
11the development, design, planning, construction, operation,
12and maintenance of stormwater facilities provided for in In
13accordance with, and if recommended in, the adopted stormwater
14management plan, a the county board that has established a
15stormwater management planning committee pursuant to this
16Section or has participated in a stormwater management planning
17process may adopt a schedule of fees applicable to all real
18property within the county which receives benefit from the
19county's stormwater management facilities and activities, and
20as may be necessary to mitigate the effects of increased
21stormwater runoff resulting from new development and
22redevelopment based on actual costs. The total amount of the
23fees assessed must bear a reasonable relationship to the actual
24costs of the county in the preparation, administration, and
25implementation of the shall not exceed the cost of satisfying
26the onsite stormwater retention or detention requirements of

 

 

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1the adopted stormwater management plan, construction and
2maintenance of related facilities, and management of the runoff
3from the property. The individual fees must bear a reasonable
4relationship to the portion of the cost to the county of
5managing the runoff from the property. The fees shall be used
6to finance activities undertaken by the county or its included
7municipalities to mitigate the effects of urban stormwater
8runoff by providing and maintaining regional stormwater
9collection, retention, or detention, and treatment facilities
10and improving water bodies impacted by stormwater runoff, as
11identified in the county plan. In establishing, maintaining, or
12replacing such facilities, the county shall not duplicate
13facilities operated by other governmental bodies within its
14corporate boundaries. The schedule of fees established by the
15county board shall include a procedure for a full or partial
16fee waiver for property owners who have taken actions or put in
17place facilities that reduce or eliminate the cost to the
18county of providing stormwater management services to their
19property, with a preference for facilities that reduce the
20volume, temperature, velocity, and pollutant load of the
21stormwater managed by the county, such as systems that
22infiltrate, evapotranspirate, or harvest stormwater for reuse,
23known as "green infrastructure." The county board may also
24offer tax rebates or incentive payments to property owners who
25construct, maintain, and use approved green infrastructure
26stormwater management devices. In exercising this authority,

 

 

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1the county shall give property owners at least 2 years' notice
2of the fee during which time the county shall provide education
3on green infrastructure practices and an opportunity to take
4action to reduce or eliminate the fee. The county board shall
5provide for a credit or reduction in fees for any onsite
6retention, detention, drainage district assessments, or other
7similar stormwater facility that the developer is required to
8construct consistent with the stormwater management ordinance.
9All these fees collected by the county shall be held in a
10separate fund, and shall be expended only in the watershed
11within which they were collected. The county may enter into
12intergovernmental agreements with other government bodies for
13the joint administration of stormwater management and the
14collection of the fees authorized in this Section.
15    A fee schedule authorized by this subsection must have the
16same limit as the authorized stormwater tax and shall not be
17adopted unless (i) a referendum has been passed approving a
18stormwater tax as provided in subsection (i) of this Section;
19or (ii) the question of the adoption of a fee schedule with the
20same limit as the authorized stormwater tax has been approved
21in a referendum by a majority of those voting on the question.
22    (i) In the alternative, the For the purpose of implementing
23this Section and for the development, design, planning,
24construction, operation, and maintenance of stormwater
25facilities provided for in the stormwater management plan, a
26county board that has established a stormwater management

 

 

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1planning committee pursuant to this Section may cause an annual
2tax of not to exceed 0.20% of the value, as equalized or
3assessed by the Department of Revenue, of all taxable property
4in the county to be levied upon all the taxable property in the
5county or occupation and use taxes of 1/10 of one cent. The
6property tax shall be in addition to all other taxes authorized
7by law to be levied and collected in the county and shall be in
8addition to the maximum tax rate authorized by law for general
9county purposes. The 0.20% limitation provided in this Section
10may be increased or decreased by referendum in accordance with
11the provisions of Sections 18-120, 18-125, and 18-130 of the
12Property Tax Code (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    If a county adopts a fee schedule it may not also levy a
19tax under this subsection, except that if that county has
20existing debt repayments to make, the remainder of that debt
21may be paid with proceeds from a tax imposed for stormwater
22management purposes.
23    However, the tax authorized by this subsection shall not be
24levied until the question of its adoption, either for a
25specified period or indefinitely, has been submitted to the
26electors thereof and approved by a majority of those voting on

 

 

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

 

 

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

 

 

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

 

 

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1    (m) A county may issue general obligation bonds for
2implementing any stormwater plan adopted under this Section in
3the manner prescribed in Section 5-1012; except that the
4referendum requirement of Section 5-1012 does not apply to
5bonds issued pursuant to this Section on which the principal
6and interest are to be paid entirely out of funds generated by
7the taxes and fees authorized by this Section.
8    (n) The powers authorized by this Section may be
9implemented by the county board for a portion of the county
10subject to similar stormwater management needs.
11    (o) The powers and taxes authorized by this Section are in
12addition to the powers and taxes authorized by Division 5-15;
13in exercising its powers under this Section, a county shall not
14be subject to the restrictions and requirements of that
15Division.
16(Source: P.A. 94-675, eff. 8-23-05.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".