97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5900

 

Introduced 2/16/2012, by Rep. Mike Fortner

 

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

    Amends the Counties Code. Provides that a county board in a metropolitan county located in the area served by the Northeastern Illinois Planning Commission, or Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, or Boone county, that has adopted a stormwater management plan may adopt a schedule of fees applicable to real property within the county that benefits from the county's stormwater management facilities and activities. Sets forth the circumstances under which a fee schedule may be adopted and the uses for the fees. Caps the fees at the same limit as an authorized stormwater tax that has been approved by referendum in the county. Provides that the county shall give land owners at least 2 years' notice of the fee during which time the county shall provide education on green infrastructure practices and an opportunity to take action to reduce or eliminate the fee. Further provides that a fee waiver shall be included for property owners who have taken actions or put in place facilities that are approved by the county that reduce or eliminate the cost of managing runoff. Provides that the county may enter into intergovernmental agreements with other bodies of government for the joint administration of stormwater management and collection of the fees. Provides that if a county adopts a fee schedule and has existing debt repayments to make, the remainder of that debt may be paid in the same manner as all earlier payments. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 5-1062 and 5-1062.2 as follows:
 
6    (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
7    Sec. 5-1062. Stormwater management.
8    (a) The purpose of this Section is to allow management and
9mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the 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
17    framework into a united, countywide structure;
18        (2) setting minimum standards for floodplain and
19    stormwater management; and
20        (3) preparing a countywide plan for the management of
21    stormwater runoff, including the management of natural and
22    man-made drainageways. The countywide plan may incorporate
23    watershed plans.

 

 

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

 

 

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1committee may be established to serve a portion of the county
2or a particular drainage basin that has similar stormwater
3management needs. The stormwater management planning committee
4shall adopt by-laws, by a majority vote of the county and
5municipal members, to govern the functions of the committee and
6its subcommittees. Officers of the committee shall include a
7chair and vice chair, one of whom shall be a county
8representative and one a municipal representative.
9    The principal duties of the committee shall be to develop a
10stormwater management plan for presentation to and approval by
11the county board, and to direct the plan's implementation and
12revision. The committee may retain engineering, legal and
13financial advisors and inspection personnel. The committee
14shall meet at least quarterly and shall hold at least one
15public meeting during the preparation of the plan and prior to
16its submittal to the county board.
17    (c) In the preparation of a stormwater management plan, a
18county stormwater management planning committee shall
19coordinate the planning process with each adjoining county to
20ensure that recommended stormwater projects will have no
21significant impact on the levels or flows of stormwaters in
22inter-county watersheds or on the capacity of existing and
23planned stormwater retention facilities. An adopted stormwater
24management plan shall identify steps taken by the county to
25coordinate the development of plan recommendations with
26adjoining counties.

 

 

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1    (d) Before the stormwater management planning committee
2recommends to the county board a stormwater management plan for
3the county or a portion thereof, it shall submit the plan to
4the Office of Water Resources of the Department of Natural
5Resources and to the Northeastern Illinois Planning Commission
6for review and recommendations. The Office and the Commission,
7in reviewing the plan, shall consider such factors as impacts
8on the levels or flows in rivers and streams and the cumulative
9effects of stormwater discharges on flood levels. The Office of
10Water Resources shall determine whether the plan or ordinances
11enacted to implement the plan complies with the requirements of
12subsection (f). Within a period not to exceed 60 days, the
13review comments and recommendations shall be submitted to the
14stormwater management planning committee for consideration.
15Any amendments to the plan shall be submitted to the Office and
16the Commission for review.
17    (e) Prior to recommending the plan to the county board, the
18stormwater management planning committee shall hold at least
19one public hearing thereon and shall afford interested persons
20an opportunity to be heard. The hearing shall be held in the
21county seat. Notice of the hearing shall be published at least
22once no less than 15 days in advance thereof in a newspaper of
23general circulation published in the county. The notice shall
24state the time and place of the hearing and the place where
25copies of the proposed plan will be accessible for examination
26by interested parties. If an affected municipality having a

 

 

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

 

 

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1stormwater runoff channels, streams and basins in the county,
2in accordance with the adopted stormwater management plan.
3These rules and regulations shall, at a minimum, meet the
4standards for floodplain management established by the Office
5of Water Resources and the requirements of the Federal
6Emergency Management Agency for participation in the National
7Flood Insurance Program.
8    (g) For the purposes of implementing this Section and for
9the development, design, planning, construction, operation,
10and maintenance of stormwater facilities provided for in In
11accordance with, and if recommended in, the adopted stormwater
12management plan, a the county board that has established a
13stormwater management planning committee pursuant to this
14Section or has participated in a stormwater management planning
15process may adopt a schedule of fees applicable to all real
16property within the county which benefits from the county's
17stormwater management facilities and activities, and as may be
18necessary to mitigate the effects of increased stormwater
19runoff resulting from new development. The total amount of the
20fees assessed must bear a reasonable relationship to the actual
21costs of the county in the preparation, administration, and
22implementation of the shall not exceed the cost of satisfying
23the onsite stormwater retention or detention requirements of
24the adopted stormwater management plan, construction and
25maintenance of stormwater facilities, and other activities
26related to the management of the runoff from the property. The

 

 

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

 

 

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1exercising this authority, the county shall provide notice to
2the municipalities within their jurisdictions of any fees
3proposed under this Section and seek the input of each
4municipality with respect to the calculation of the fees. The
5county shall also give property owners at least 2 years' notice
6of the fee during which time the county shall provide education
7on green infrastructure practices and an opportunity to take
8action to reduce or eliminate the fee. All such fees collected
9by the county shall be held in a separate fund, and shall be
10expended only in the watershed within which they were
11collected. The county may enter into intergovernmental
12agreements with other government bodies for the joint
13administration of stormwater management and the collection of
14the fees authorized in this Section.
15    A fee schedule authorized by this subsection must have the
16same limit as the lesser of the 0.20% property value provided
17for in subsection (h) of this Section and the maximum tax
18currently allowable in the county under State law. The fee
19schedule shall not be adopted unless (i) at least part of the
20county has been declared by a presidential proclamation after
21July 1, 1986 and before December 31, 1987, to be a disaster
22area as a result of flooding; (ii) a referendum has been passed
23approving a stormwater tax as provided in subsection (h) of
24this Section; or (iii) the question of the adoption of a fee
25schedule with the same limit as the authorized stormwater tax
26has been approved in a referendum by a majority of those voting

 

 

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1on the question.
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 pursuant to this Section
24it may not also levy a tax under this subsection, except that
25if the county has existing debt repayments to make on a
26stormwater project, the remainder of that debt may be paid in

 

 

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1the same manner as all earlier payments.
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 based on
22actual costs. The total amount of the fees assessed must bear a
23reasonable relationship to the actual costs of the county in
24the preparation, administration, and implementation of the
25shall not exceed the cost of satisfying the onsite stormwater
26retention or detention requirements of the adopted stormwater

 

 

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

 

 

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1stormwater management devices or any other methods that reduce
2or eliminate the cost to the county of providing stormwater
3management services to the property. In exercising this
4authority, the county shall provide notice to the
5municipalities within their jurisdictions of any fees proposed
6under this Section and seek the input of each municipality with
7respect to the calculation of the fees. The county shall also
8give property owners at least 2 years' notice of the fee during
9which time the county shall provide education on green
10infrastructure practices and an opportunity to take action to
11reduce or eliminate the fee. The county board shall provide for
12a credit or reduction in fees for any onsite retention,
13detention, drainage district assessments, or other similar
14stormwater facility that the developer is required to construct
15consistent with the stormwater management ordinance. All these
16fees collected by the county shall be held in a separate fund,
17and shall be expended only in the watershed within which they
18were collected. The county may enter into intergovernmental
19agreements with other government bodies for the joint
20administration of stormwater management and the collection of
21the fees authorized in this Section.
22    A fee schedule authorized by this subsection must have the
23same limit as the lesser of the 0.20% property value provided
24for in subsection (i) of this Section and the maximum tax
25currently allowable in the county under State law. The fee
26schedule shall not be adopted unless (i) a referendum has been

 

 

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1passed approving a stormwater tax as provided in subsection (i)
2of this Section; or (ii) the question of the adoption of a fee
3schedule with the same limit as the authorized stormwater tax
4has been approved in a referendum by a majority of those voting
5on the question.
6    (i) In the alternative, the For the purpose of implementing
7this Section and for the development, design, planning,
8construction, operation, and maintenance of stormwater
9facilities provided for in the stormwater management plan, a
10county board that has established a stormwater management
11planning committee pursuant to this Section may cause an annual
12tax of not to exceed 0.20% of the value, as equalized or
13assessed by the Department of Revenue, of all taxable property
14in the county to be levied upon all the taxable property in the
15county or occupation and use taxes of 1/10 of one cent. The
16property tax shall be in addition to all other taxes authorized
17by law to be levied and collected in the county and shall be in
18addition to the maximum tax rate authorized by law for general
19county purposes. The 0.20% limitation provided in this Section
20may be increased or decreased by referendum in accordance with
21the provisions of Sections 18-120, 18-125, and 18-130 of the
22Property Tax Code (35 ILCS 200/).
23    Any revenues generated as a result of ownership or
24operation of facilities or land acquired with the tax funds
25collected pursuant to this subsection shall be held in a
26separate fund and be used either to abate such property tax or

 

 

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1for implementing this Section.
2    If a county adopts a fee schedule pursuant to this Section
3it may not also levy a tax under this subsection, except that
4if that county has existing debt repayments to make on a
5stormwater project, the remainder of that debt may be paid in
6the same manner as all earlier payments.
7    However, the tax authorized by this subsection shall not be
8levied until the question of its adoption, either for a
9specified period or indefinitely, has been submitted to the
10electors thereof and approved by a majority of those voting on
11the question. This question may be submitted at any election
12held in the county after the adoption of a resolution by the
13county board providing for the submission of the question to
14the electors of the county. The county board shall certify the
15resolution and proposition to the proper election officials,
16who shall submit the proposition at an election in accordance
17with the general election law. If a majority of the votes cast
18on the question is in favor of the levy of the tax, it may
19thereafter be levied in the county for the specified period or
20indefinitely, as provided in the proposition. The question
21shall be put in substantially the following form:
22        Shall an annual tax be levied for stormwater management
23    purposes (for a period of not more than ..... years) at a
24    rate not exceeding .....% of the equalized assessed value
25    of the taxable property of ..... County?
26Or this question may be submitted at any election held in the

 

 

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1county after the adoption of a resolution by the county board
2providing for the submission of the question to the electors of
3the county to authorize use and occupation taxes of 1/10 of one
4cent:
5        Shall use and occupation taxes be raised for stormwater
6    management purposes (for a period of not more than .....
7    years) at a rate of 1/10 of one cent for taxable goods in
8    ..... County?
9    Votes shall be recorded as Yes or No.
10    The following question may be submitted at any election
11held in the county after the adoption of a resolution by the
12county board providing for the submission of the question to
13the electors of the county to authorize adoption of a schedule
14of fees applicable to all real property within the county:
15        Shall the county board be authorized to adopt a
16    schedule of fees, at a rate not exceeding that of the
17    stormwater management tax, applicable to all real property
18    for preparation, administration, and implementation of an
19    adopted stormwater management plan, construction and
20    maintenance of related facilities, and management of the
21    runoff from the property?
22    Votes shall be recorded as Yes or No.
23    (j) For those counties that adopt a property tax in
24accordance with the provisions in this Section, the stormwater
25management committee shall offer property tax abatements or
26incentive payments to property owners who construct, maintain,

 

 

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

 

 

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1county in any municipality located wholly or partly within the
2county that has a municipal stormwater management ordinance
3that is consistent with and at least as stringent as the county
4plan and ordinance, and is being enforced by the municipal
5authorities. On issues that the county ordinance is more
6stringent as deemed by the committee, the county shall only
7enforce rules and regulations adopted by the county on the more
8stringent issues and accept municipal permits. The county shall
9have no more than 60 days to review permits or the permits
10shall be deemed approved.
11    (m) A county may issue general obligation bonds for
12implementing any stormwater plan adopted under this Section in
13the manner prescribed in Section 5-1012; except that the
14referendum requirement of Section 5-1012 does not apply to
15bonds issued pursuant to this Section on which the principal
16and interest are to be paid entirely out of funds generated by
17the taxes and fees authorized by this Section.
18    (n) The powers authorized by this Section may be
19implemented by the county board for a portion of the county
20subject to similar stormwater management needs.
21    (o) The powers and taxes authorized by this Section are in
22addition to the powers and taxes authorized by Division 5-15;
23in exercising its powers under this Section, a county shall not
24be subject to the restrictions and requirements of that
25Division.
26(Source: P.A. 94-675, eff. 8-23-05.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.