Illinois General Assembly - Bill Status for HB3372

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 with proceeds from a tax imposed for stormwater management purposes. Effective immediately.

Further amends the Counties Code. Provides that an authorized fee schedule "must have the same limit as the authorized stormwater tax".

Further amends the Counties Code. Provides that a stormwater management committee may also offer tax rebates or incentive payments to property owners who construct, maintain, and use approved green infrastructure stormwater management devices. Authorizes additional counties to adopt a schedule of stormwater management fees. Prohibits the stormwater management fee from being used to cover certain enforcement costs. Removes a provision that required part of a county, in order to adopt a fee schedule, to have been declared a disaster area as a result of flooding by a presidential proclamation after July 1, 1986. Provides that if a county adopts a fee schedule, "it may not also levy a tax"; however, if that county has existing debt repayments to make, the remainder of the debt may be paid with proceeds from a tax imposed for stormwater management purposes. Makes technical changes.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendments 1 and 2. Changes the term "land owner" to "property owner" in certain provisions. Sets forth the question to be submitted to the voters on whether to adopt a schedule of fees. Effective immediately.

Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that other provisions of the Code are deemed not to affect any easement obtained by a governmental entity in an eminent domain action for the construction of a public improvement of an underground water main, storm sewer, or sanitary sewer regardless of whether the easement is recorded in the recorder's office, provided that the governmental entity shows that the easement was obtained by a final judgment in a condemnation action and shows the subsequent payment of just compensation. Amends the Conveyances Act. In language stating that any deed or title paper shall be adjudged void as to all creditors and subsequent purchasers, without notice, until the deed or title paper is filed for record, provides this exception: any easement obtained by a governmental entity in an eminent domain action for the construction of a public improvement of an underground water main, storm sewer, or sanitary sewer is deemed valid regardless of whether the easement is recorded in the recorder's office, provided that the governmental entity shows that the easement was obtained in a condemnation action by a final judgment and shows the required subsequent deposit of just compensation or the payment of just compensation under any other statute used by the governmental entity providing for the exercise of eminent domain.

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