Rep. Mike Fortner

Filed: 12/4/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5900

2    AMENDMENT NO. ______. Amend House Bill 5900 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 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 The purpose of this Section is to allow management
9and mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the Northeastern Illinois Planning Commission, and references
12to "county" in this Section shall apply only to those counties.
13This Section shall not apply to any county with a population in
14excess of 1,500,000, except as provided in subsection (c). The
15purpose of this Section shall be achieved by:
16        (1) consolidating the existing stormwater management

 

 

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

 

 

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1members, unless authorized to vote by the unanimous consent of
2the municipal and county board representatives. A municipality
3that is located in more than one county may choose, at the time
4of formation of the stormwater management planning committee
5and based on watershed boundaries, to participate in the
6stormwater management planning program of either or both of the
7counties. Subcommittees of the stormwater management planning
8committee may be established to serve a portion of the county
9or a particular drainage basin that has similar stormwater
10management needs. The stormwater management planning committee
11shall adopt by-laws, by a majority vote of the county and
12municipal members, to govern the functions of the committee and
13its subcommittees. Officers of the committee shall include a
14chair and vice chair, one of whom shall be a county
15representative and one a municipal representative.
16    The principal duties of the committee shall be to develop a
17stormwater management plan for presentation to and approval by
18the county board, and to direct the plan's implementation and
19revision. The committee may retain engineering, legal and
20financial advisors and inspection personnel. The committee
21shall meet at least quarterly and shall hold at least one
22public meeting during the preparation of the plan and prior to
23its submittal to the county board.
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) Before the stormwater management planning committee
9recommends to the county board a stormwater management plan for
10the county or a portion thereof, it shall submit the plan to
11the Office of Water Resources of the Department of Natural
12Resources and to the Northeastern Illinois Planning Commission
13for review and recommendations. The Office and the Commission,
14in reviewing the plan, shall consider such factors as impacts
15on the levels or flows in rivers and streams and the cumulative
16effects of stormwater discharges on flood levels. The Office of
17Water Resources shall determine whether the plan or ordinances
18enacted to implement the plan complies with the requirements of
19subsection (f). Within a period not to exceed 60 days, the
20review comments and recommendations shall be submitted to the
21stormwater management planning committee for consideration.
22Any amendments to the plan shall be submitted to the Office and
23the Commission for review.
24    (e) Prior to recommending the plan to the county board, the
25stormwater management planning committee shall hold at least
26one public hearing thereon and shall afford interested persons

 

 

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

 

 

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1authorities of an affected municipality having a municipal
2stormwater management plan, amendment of the plan shall require
3an affirmative vote of at least two-thirds of the county board
4members present and voting.
5    (f) The county board may prescribe by ordinance reasonable
6rules and regulations for floodplain management and for
7governing the location, width, course and release rate of all
8stormwater runoff channels, streams and basins in the county,
9in accordance with the adopted stormwater management plan.
10These rules and regulations shall, at a minimum, meet the
11standards for floodplain management established by the Office
12of Water Resources and the requirements of the Federal
13Emergency Management Agency for participation in the National
14Flood Insurance Program.
15    (g) In accordance with, and if recommended in, the adopted
16stormwater management plan, the county board may adopt a
17schedule of fees as may be necessary to mitigate the effects of
18increased stormwater runoff resulting from new development.
19The fees shall not exceed the cost of satisfying the onsite
20stormwater retention or detention requirements of the adopted
21stormwater management plan. The fees shall be used to finance
22activities undertaken by the county or its included
23municipalities to mitigate the effects of urban stormwater
24runoff by providing regional stormwater retention or detention
25facilities, as identified in the county plan. All such fees
26collected by the county shall be held in a separate fund, and

 

 

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1shall be expended only in the watershed within which they were
2collected.
3    (h) For the purpose of implementing this Section and for
4the development, design, planning, construction, operation and
5maintenance of stormwater facilities provided for in the
6stormwater management plan, a county board that has established
7a stormwater management planning committee pursuant to this
8Section may cause an annual tax of not to exceed 0.20% of the
9value, as equalized or assessed by the Department of Revenue,
10of all taxable property in the county to be levied upon all the
11taxable property in the county. The tax shall be in addition to
12all other taxes authorized by law to be levied and collected in
13the county and shall be in addition to the maximum tax rate
14authorized by law for general county purposes. The 0.20%
15limitation provided in this Section may be increased or
16decreased by referendum in accordance with the provisions of
17Sections 18-120, 18-125, and 18-130 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    However, unless at least part of the county has been
24declared after July 1, 1986 by presidential proclamation to be
25a disaster area as a result of flooding, the tax authorized by
26this subsection (h) shall not be levied until the question of

 

 

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1its adoption, either for a specified period or indefinitely,
2has been submitted to the electors thereof and approved by a
3majority of those voting on the question. This question may be
4submitted at any election held in the county after the adoption
5of a resolution by the county board providing for the
6submission of the question to the electors of the county. The
7county board shall certify the resolution and proposition to
8the proper election officials, who shall submit the proposition
9at an election in accordance with the general election law. If
10a majority of the votes cast on the question is in favor of the
11levy of the tax, it may thereafter be levied in the county for
12the specified period or indefinitely, as provided in the
13proposition. The question shall be put in substantially the
14following form:
15-------------------------------------------------------------
16    Shall an annual tax be levied
17for stormwater management purposes            YES
18(for a period of not more than
19...... years) at a rate not exceeding      ------------------
20.....% of the equalized assessed
21value of the taxable property of              NO
22........ County?
23-------------------------------------------------------------
24    (i) Upon the creation and implementation of a county
25stormwater management plan, the county may petition the circuit
26court to dissolve any or all drainage districts created

 

 

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1pursuant to the Illinois Drainage Code or predecessor Acts
2which are located entirely within the area of the county
3covered by the plan.
4    However, any active drainage district implementing a plan
5that is consistent with and at least as stringent as the county
6stormwater management plan may petition the stormwater
7management planning committee for exception from dissolution.
8Upon filing of the petition, the committee shall set a date for
9hearing not less than 2 weeks, nor more than 4 weeks, from the
10filing thereof, and the committee shall give at least one
11week's notice of the hearing in one or more newspapers of
12general circulation within the district, and in addition shall
13cause a copy of the notice to be personally served upon each of
14the trustees of the district. At the hearing, the committee
15shall hear the district's petition and allow the district
16trustees and any interested parties an opportunity to present
17oral and written evidence. The committee shall render its
18decision upon the petition for exception from dissolution based
19upon the best interests of the residents of the district. In
20the event that the exception is not allowed, the district may
21file a petition within 30 days of the decision with the circuit
22court. In that case, the notice and hearing requirements for
23the court shall be the same as herein provided for the
24committee. The court shall likewise render its decision of
25whether to dissolve the district based upon the best interests
26of residents of the district.

 

 

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1    The dissolution of any drainage district shall not affect
2the obligation of any bonds issued or contracts entered into by
3the district nor invalidate the levy, extension or collection
4of any taxes or special assessments upon the property in the
5former drainage district. All property and obligations of the
6former drainage district shall be assumed and managed by the
7county, and the debts of the former drainage district shall be
8discharged as soon as practicable.
9    If a drainage district lies only partly within a county
10that adopts a county stormwater management plan, the county may
11petition the circuit court to disconnect from the drainage
12district that portion of the district that lies within that
13county. The property of the drainage district within the
14disconnected area shall be assumed and managed by the county.
15The county shall also assume a portion of the drainage
16district's debt at the time of disconnection, based on the
17portion of the value of the taxable property of the drainage
18district which is located within the area being disconnected.
19    The operations of any drainage district that continues to
20exist in a county that has adopted a stormwater management plan
21in accordance with this Section shall be in accordance with the
22adopted plan.
23    (j) Any county that has adopted a county stormwater
24management plan under this Section may, after 10 days written
25notice to the owner or occupant, enter upon any lands or waters
26within the county for the purpose of inspecting stormwater

 

 

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1facilities or causing the removal of any obstruction to an
2affected watercourse. The county shall be responsible for any
3damages occasioned thereby.
4    (k) Upon petition of the municipality, and based on a
5finding of the stormwater management planning committee, the
6county shall not enforce rules and regulations adopted by the
7county in any municipality located wholly or partly within the
8county that has a municipal stormwater management ordinance
9that is consistent with and at least as stringent as the county
10plan and ordinance, and is being enforced by the municipal
11authorities.
12    (l) A county may issue general obligation bonds for
13implementing any stormwater plan adopted under this Section in
14the manner prescribed in Section 5-1012; except that the
15referendum requirement of Section 5-1012 shall not apply to
16bonds issued pursuant to this Section on which the principal
17and interest are to be paid entirely out of funds generated by
18the taxes and fees authorized by this Section.
19    (m) The powers authorized by this Section may be
20implemented by the county board for a portion of the county
21subject to similar stormwater management needs.
22    (n) The powers and taxes authorized by this Section are in
23addition to the powers and taxes authorized by Division 5-15;
24in exercising its powers under this Section, a county shall not
25be subject to the restrictions and requirements of that
26Division.

 

 

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1    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
2Article VII of the Illinois Constitution, this Section
3specifically denies and limits the exercise of any power which
4is inconsistent herewith by home rule units in any county with
5a population of less than 1,500,000 in the area served by the
6Northeastern Illinois Planning Commission. This Section does
7not prohibit the concurrent exercise of powers consistent
8herewith.
9(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".