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91_SB1131sam001
SDS/910023/CEdo
1 AMENDMENT TO SENATE BILL 1131
2 AMENDMENT NO. . Amend Senate Bill 1131, by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by changing
5 Section 5-1062 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
9 and mitigation of the effects of urbanization on stormwater
10 drainage in metropolitan counties located in the area served
11 by the Northeastern Illinois Planning Commission, and
12 references to "county" in this Section shall apply only to
13 those counties. This Section shall not apply to any county
14 with a population in excess of 2,000,000 1,500,000, except as
15 provided in subsection (c). The purpose of this Section shall
16 be achieved by:
17 (1) consolidating the existing stormwater
18 management framework into a united, countywide structure;
19 (2) setting minimum standards for floodplain and
20 stormwater management; and
21 (3) preparing a countywide plan for the management
22 of stormwater runoff, including the management of natural
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1 and man-made drainageways. The countywide plan may
2 incorporate watershed plans.
3 (b) A stormwater management planning committee shall be
4 established by county board resolution, with its membership
5 consisting of equal numbers of county board and municipal
6 representatives from each county board district, and such
7 other members as may be determined by the county and
8 municipal members. However, if the county has more than 6
9 county board districts, the county board may by ordinance
10 divide the county into not less than 6 areas of approximately
11 equal population, to be used instead of county board
12 districts for the purpose of determining representation on
13 the stormwater management planning committee.
14 The county board members shall be appointed by the
15 chairman of the county board. Municipal members from each
16 county board district or other represented area shall be
17 appointed by a majority vote of the mayors of those
18 municipalities which have the greatest percentage of their
19 respective populations residing in such county board district
20 or other represented area. All municipal and county board
21 representatives shall be entitled to a vote; the other
22 members shall be nonvoting members, unless authorized to vote
23 by the unanimous consent of the municipal and county board
24 representatives. A municipality that is located in more than
25 one county may choose, at the time of formation of the
26 stormwater management planning committee and based on
27 watershed boundaries, to participate in the stormwater
28 management planning program of either or both of the
29 counties. Subcommittees of the stormwater management planning
30 committee may be established to serve a portion of the county
31 or a particular drainage basin that has similar stormwater
32 management needs. The stormwater management planning
33 committee shall adopt by-laws, by a majority vote of the
34 county and municipal members, to govern the functions of the
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1 committee and its subcommittees. Officers of the committee
2 shall include a chair and vice chair, one of whom shall be a
3 county representative and one a municipal representative.
4 The principal duties of the committee shall be to develop
5 a stormwater management plan for presentation to and approval
6 by the county board, and to direct the plan's implementation
7 and revision. The committee may retain engineering, legal and
8 financial advisors and inspection personnel. The committee
9 shall meet at least quarterly and shall hold at least one
10 public meeting during the preparation of the plan and prior
11 to its submittal to the county board.
12 (c) In the preparation of a stormwater management plan,
13 a county stormwater management planning committee shall
14 coordinate the planning process with each adjoining county to
15 ensure that recommended stormwater projects will have no
16 significant impact on the levels or flows of stormwaters in
17 inter-county watersheds or on the capacity of existing and
18 planned stormwater retention facilities. An adopted
19 stormwater management plan shall identify steps taken by the
20 county to coordinate the development of plan recommendations
21 with adjoining counties.
22 (d) Before the stormwater management planning committee
23 recommends to the county board a stormwater management plan
24 for the county or a portion thereof, it shall submit the plan
25 to the Office of Water Resources of the Department of Natural
26 Resources and to the Northeastern Illinois Planning
27 Commission for review and recommendations. The Office and
28 the Commission, in reviewing the plan, shall consider such
29 factors as impacts on the levels or flows in rivers and
30 streams and the cumulative effects of stormwater discharges
31 on flood levels. The Office of Water Resources shall
32 determine whether the plan or ordinances enacted to implement
33 the plan complies with the requirements of subsection (f).
34 Within a period not to exceed 60 days, the review comments
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1 and recommendations shall be submitted to the stormwater
2 management planning committee for consideration. Any
3 amendments to the plan shall be submitted to the Office and
4 the Commission for review.
5 (e) Prior to recommending the plan to the county board,
6 the stormwater management planning committee shall hold at
7 least one public hearing thereon and shall afford interested
8 persons an opportunity to be heard. The hearing shall be
9 held in the county seat. Notice of the hearing shall be
10 published at least once no less than 15 days in advance
11 thereof in a newspaper of general circulation published in
12 the county. The notice shall state the time and place of the
13 hearing and the place where copies of the proposed plan will
14 be accessible for examination by interested parties. If an
15 affected municipality having a stormwater management plan
16 adopted by ordinance wishes to protest the proposed county
17 plan provisions, it shall appear at the hearing and submit in
18 writing specific proposals to the stormwater management
19 planning committee. After consideration of the matters
20 raised at the hearing, the committee may amend or approve the
21 plan and recommend it to the county board for adoption.
22 The county board may enact the proposed plan by
23 ordinance. If the proposals for modification of the plan
24 made by an affected municipality having a stormwater
25 management plan are not included in the proposed county plan,
26 and the municipality affected by the plan opposes adoption of
27 the county plan by resolution of its corporate authorities,
28 approval of the county plan shall require an affirmative vote
29 of at least two-thirds of the county board members present
30 and voting. If the county board wishes to amend the county
31 plan, it shall submit in writing specific proposals to the
32 stormwater management planning committee. If the proposals
33 are not approved by the committee, or are opposed by
34 resolution of the corporate authorities of an affected
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1 municipality having a municipal stormwater management plan,
2 amendment of the plan shall require an affirmative vote of at
3 least two-thirds of the county board members present and
4 voting.
5 (f) The county board may prescribe by ordinance
6 reasonable rules and regulations for floodplain management
7 and for governing the location, width, course and release
8 rate of all stormwater runoff channels, streams and basins in
9 the county, in accordance with the adopted stormwater
10 management plan. These rules and regulations shall, at a
11 minimum, meet the standards for floodplain management
12 established by the Office of Water Resources and the
13 requirements of the Federal Emergency Management Agency for
14 participation in the National Flood Insurance Program.
15 (g) In accordance with, and if recommended in, the
16 adopted stormwater management plan, the county board may
17 adopt a schedule of fees as may be necessary to mitigate the
18 effects of increased stormwater runoff resulting from new
19 development. The fees shall not exceed the cost of
20 satisfying the onsite stormwater retention or detention
21 requirements of the adopted stormwater management plan. The
22 fees shall be used to finance activities undertaken by the
23 county or its included municipalities to mitigate the effects
24 of urban stormwater runoff by providing regional stormwater
25 retention or detention facilities, as identified in the
26 county plan. All such fees collected by the county shall be
27 held in a separate fund, and shall be expended only in the
28 watershed within which they were collected.
29 (h) For the purpose of implementing this Section and for
30 the development, design, planning, construction, operation
31 and maintenance of stormwater facilities provided for in the
32 stormwater management plan, a county board that has
33 established a stormwater management planning committee
34 pursuant to this Section may cause an annual tax of not to
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1 exceed 0.20% of the value, as equalized or assessed by the
2 Department of Revenue, of all taxable property in the county
3 to be levied upon all the taxable property in the county.
4 The tax shall be in addition to all other taxes authorized by
5 law to be levied and collected in the county and shall be in
6 addition to the maximum tax rate authorized by law for
7 general county purposes. The 0.20% limitation provided in
8 this Section may be increased or decreased by referendum in
9 accordance with the provisions of Sections 18-120, 18-125,
10 and 18-130 of the Property Tax Code.
11 Any revenues generated as a result of ownership or
12 operation of facilities or land acquired with the tax funds
13 collected pursuant to this subsection (h) shall be held in a
14 separate fund and be used either to abate such property tax
15 or for implementing this Section.
16 However, unless at least part of the county has been
17 declared after July 1, 1986 by presidential proclamation to
18 be a disaster area as a result of flooding, the tax
19 authorized by this subsection (h) shall not be levied until
20 the question of its adoption, either for a specified period
21 or indefinitely, has been submitted to the electors thereof
22 and approved by a majority of those voting on the question.
23 This question may be submitted at any election held in the
24 county after the adoption of a resolution by the county board
25 providing for the submission of the question to the electors
26 of the county. The county board shall certify the resolution
27 and proposition to the proper election officials, who shall
28 submit the proposition at an election in accordance with the
29 general election law. If a majority of the votes cast on the
30 question is in favor of the levy of the tax, it may
31 thereafter be levied in the county for the specified period
32 or indefinitely, as provided in the proposition. The question
33 shall be put in substantially the following form:
34 -------------------------------------------------------------
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1 Shall an annual tax be levied
2 for stormwater management purposes YES
3 (for a period of not more than
4 ...... years) at a rate not exceeding ------------------
5 .....% of the equalized assessed
6 value of the taxable property of NO
7 ........ County?
8 -------------------------------------------------------------
9 (i) Upon the creation and implementation of a county
10 stormwater management plan, the county may petition the
11 circuit court to dissolve any or all drainage districts
12 created pursuant to the Illinois Drainage Code or predecessor
13 Acts which are located entirely within the area of the county
14 covered by the plan.
15 However, any active drainage district implementing a plan
16 that is consistent with and at least as stringent as the
17 county stormwater management plan may petition the stormwater
18 management planning committee for exception from dissolution.
19 Upon filing of the petition, the committee shall set a date
20 for hearing not less than 2 weeks, nor more than 4 weeks,
21 from the filing thereof, and the committee shall give at
22 least one week's notice of the hearing in one or more
23 newspapers of general circulation within the district, and in
24 addition shall cause a copy of the notice to be personally
25 served upon each of the trustees of the district. At the
26 hearing, the committee shall hear the district's petition and
27 allow the district trustees and any interested parties an
28 opportunity to present oral and written evidence. The
29 committee shall render its decision upon the petition for
30 exception from dissolution based upon the best interests of
31 the residents of the district. In the event that the
32 exception is not allowed, the district may file a petition
33 within 30 days of the decision with the circuit court. In
34 that case, the notice and hearing requirements for the court
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1 shall be the same as herein provided for the committee. The
2 court shall likewise render its decision of whether to
3 dissolve the district based upon the best interests of
4 residents of the district.
5 The dissolution of any drainage district shall not affect
6 the obligation of any bonds issued or contracts entered into
7 by the district nor invalidate the levy, extension or
8 collection of any taxes or special assessments upon the
9 property in the former drainage district. All property and
10 obligations of the former drainage district shall be assumed
11 and managed by the county, and the debts of the former
12 drainage district shall be discharged as soon as practicable.
13 If a drainage district lies only partly within a county
14 that adopts a county stormwater management plan, the county
15 may petition the circuit court to disconnect from the
16 drainage district that portion of the district that lies
17 within that county. The property of the drainage district
18 within the disconnected area shall be assumed and managed by
19 the county. The county shall also assume a portion of the
20 drainage district's debt at the time of disconnection, based
21 on the portion of the value of the taxable property of the
22 drainage district which is located within the area being
23 disconnected.
24 The operations of any drainage district that continues to
25 exist in a county that has adopted a stormwater management
26 plan in accordance with this Section shall be in accordance
27 with the adopted plan.
28 (j) Any county that has adopted a county stormwater
29 management plan under this Section may, after 10 days written
30 notice to the owner or occupant, enter upon any lands or
31 waters within the county for the purpose of inspecting
32 stormwater facilities or causing the removal of any
33 obstruction to an affected watercourse. The county shall be
34 responsible for any damages occasioned thereby.
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1 (k) Upon petition of the municipality, and based on a
2 finding of the stormwater management planning committee, the
3 county shall not enforce rules and regulations adopted by the
4 county in any municipality located wholly or partly within
5 the county that has a municipal stormwater management
6 ordinance that is consistent with and at least as stringent
7 as the county plan and ordinance, and is being enforced by
8 the municipal authorities.
9 (l) A county may issue general obligation bonds for
10 implementing any stormwater plan adopted under this Section
11 in the manner prescribed in Section 5-1012; except that the
12 referendum requirement of Section 5-1012 shall not apply to
13 bonds issued pursuant to this Section on which the principal
14 and interest are to be paid entirely out of funds generated
15 by the taxes and fees authorized by this Section.
16 (m) The powers authorized by this Section may be
17 implemented by the county board for a portion of the county
18 subject to similar stormwater management needs.
19 (n) The powers and taxes authorized by this Section are
20 in addition to the powers and taxes authorized by Division
21 5-15; in exercising its powers under this Section, a county
22 shall not be subject to the restrictions and requirements of
23 that Division.
24 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
25 Article VII of the Illinois Constitution, this Section
26 specifically denies and limits the exercise of any power
27 which is inconsistent herewith by home rule units in any
28 county with a population of less than 1,500,000 in the area
29 served by the Northeastern Illinois Planning Commission.
30 This Section does not prohibit the concurrent exercise of
31 powers consistent herewith.
32 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)".