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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 -2- SDS/910023/CEdo 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 -3- SDS/910023/CEdo 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 -4- SDS/910023/CEdo 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 -5- SDS/910023/CEdo 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 -6- SDS/910023/CEdo 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 ------------------------------------------------------------- -7- SDS/910023/CEdo 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 -8- SDS/910023/CEdo 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. -9- SDS/910023/CEdo 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.)".
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