Full Text of HB5900 97th General Assembly
HB5900ham001 97TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 3/7/2012
| | 09700HB5900ham001 | | LRB097 20410 KMW 67261 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5900
| 2 | | AMENDMENT NO. ______. Amend House Bill 5900 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 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 | 9 | | mitigation of the
effects of urbanization on stormwater | 10 | | drainage in metropolitan counties located
in the area served by | 11 | | the Northeastern Illinois Planning Commission, and
references | 12 | | to "county" in this Section shall apply only to those counties.
| 13 | | This Section shall not apply to any county with a population in | 14 | | excess of
1,500,000, except as provided in subsection (c). The | 15 | | purpose of this Section
shall be achieved by:
| 16 | | (1) consolidating the existing stormwater management |
| | | 09700HB5900ham001 | - 2 - | LRB097 20410 KMW 67261 a |
|
| 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 | 9 | | established by
county board resolution, with its membership | 10 | | consisting of equal numbers of
county board and municipal | 11 | | representatives from each county board
district, and such other | 12 | | members as may be determined by the county and
municipal | 13 | | members. However, if the county has more than 6 county board
| 14 | | districts, the county board may by ordinance divide the county | 15 | | into not
less than 6 areas of approximately equal population, | 16 | | to be used instead of
county board districts for the purpose of | 17 | | determining representation on the
stormwater management | 18 | | planning committee.
| 19 | | The county board members shall be appointed by the chairman | 20 | | of the county
board. Municipal members from each county board | 21 | | district or other
represented area shall be appointed by a | 22 | | majority vote of the mayors of
those municipalities which have | 23 | | the greatest percentage of their respective
populations | 24 | | residing in such county board district or other represented
| 25 | | area. All municipal and county board representatives shall be | 26 | | entitled
to a vote; the other members shall be nonvoting |
| | | 09700HB5900ham001 | - 3 - | LRB097 20410 KMW 67261 a |
|
| 1 | | members, unless authorized
to vote by the unanimous consent of | 2 | | the municipal and county board
representatives. A municipality | 3 | | that is located in more than one county may
choose, at the time | 4 | | of formation of the stormwater management planning
committee | 5 | | and based on watershed boundaries, to participate in the
| 6 | | stormwater management planning program of either or both of the | 7 | | counties.
Subcommittees of the stormwater management planning | 8 | | committee may be
established to serve a portion of the county | 9 | | or a particular drainage basin
that has similar stormwater | 10 | | management needs. The stormwater management
planning committee | 11 | | shall adopt by-laws, by a majority vote of the county and
| 12 | | municipal members, to govern the functions of the committee and | 13 | | its
subcommittees. Officers of the committee shall include a | 14 | | chair and vice chair,
one of whom shall be a county | 15 | | representative and one a municipal
representative.
| 16 | | The principal duties of the committee shall be to develop a | 17 | | stormwater
management plan for presentation to and approval by | 18 | | the county board, and
to direct the plan's implementation and | 19 | | revision. The committee may retain
engineering, legal and | 20 | | financial advisors and inspection personnel. The
committee | 21 | | shall meet at least quarterly and shall hold at least one | 22 | | public
meeting during the preparation of the plan and prior to | 23 | | its submittal to the
county board.
| 24 | | (c) In the preparation of a stormwater management plan, a | 25 | | county
stormwater management planning committee shall | 26 | | coordinate the planning
process with each adjoining county to |
| | | 09700HB5900ham001 | - 4 - | LRB097 20410 KMW 67261 a |
|
| 1 | | ensure that recommended stormwater
projects will have no | 2 | | significant impact on the levels or flows of
stormwaters in | 3 | | inter-county watersheds or on the capacity of existing and
| 4 | | planned stormwater retention facilities. An adopted stormwater | 5 | | management
plan shall identify steps taken by the county to | 6 | | coordinate the development
of plan recommendations with | 7 | | adjoining counties.
| 8 | | (d) Before the stormwater management planning committee | 9 | | recommends to the
county board a stormwater management plan for | 10 | | the county or a portion thereof,
it shall submit the plan to | 11 | | the Office of Water Resources of the Department of Natural | 12 | | Resources and to the Northeastern Illinois Planning
Commission | 13 | | for review and recommendations. The Office
and the Commission, | 14 | | in reviewing the plan, shall consider such factors as
impacts | 15 | | on the levels or flows in rivers and streams and the cumulative | 16 | | effects
of stormwater discharges on flood levels. The Office of | 17 | | Water Resources shall determine whether the
plan or ordinances | 18 | | enacted to implement the plan complies with the requirements
of | 19 | | subsection (f). Within a period not to exceed 60 days, the | 20 | | review comments
and recommendations shall be submitted to the | 21 | | stormwater management planning
committee for consideration. | 22 | | Any amendments to the plan shall be
submitted to the Office and | 23 | | the Commission for review.
| 24 | | (e) Prior to recommending the plan to the county board, the | 25 | | stormwater
management planning committee shall hold at least | 26 | | one public hearing thereon
and shall afford interested persons |
| | | 09700HB5900ham001 | - 5 - | LRB097 20410 KMW 67261 a |
|
| 1 | | an opportunity to be heard. The hearing
shall be held in the | 2 | | county seat. Notice of the hearing shall be published at
least | 3 | | once no less than 15 days in advance thereof in a newspaper of | 4 | | general
circulation published in the county. The notice shall | 5 | | state the time and place
of the hearing and the place where | 6 | | copies of the proposed plan will be
accessible for examination | 7 | | by interested parties. If an affected municipality
having a | 8 | | stormwater management plan adopted by ordinance wishes to | 9 | | protest the
proposed county plan provisions, it shall appear at | 10 | | the hearing and submit in
writing specific proposals to the | 11 | | stormwater management planning committee.
After consideration | 12 | | of the matters raised at the hearing, the committee may
amend | 13 | | or approve the plan and recommend it to the county board for | 14 | | adoption.
| 15 | | The county board may enact the proposed plan by ordinance. | 16 | | If the
proposals for modification of the plan made by an | 17 | | affected municipality having
a stormwater management plan are | 18 | | not included in the proposed county plan,
and the municipality | 19 | | affected by the plan opposes adoption of the county
plan by | 20 | | resolution of its corporate authorities, approval of
the county | 21 | | plan shall require an affirmative vote of at least two-thirds | 22 | | of the
county board members present and voting. If the county | 23 | | board wishes to
amend the county plan, it shall submit in | 24 | | writing specific proposals to the
stormwater management | 25 | | planning committee. If the proposals are not
approved by the | 26 | | committee, or are opposed by resolution of the corporate
|
| | | 09700HB5900ham001 | - 6 - | LRB097 20410 KMW 67261 a |
|
| 1 | | authorities of an affected municipality having a municipal | 2 | | stormwater
management plan, amendment of the plan shall require | 3 | | an affirmative vote of
at least two-thirds of the county board | 4 | | members present and voting.
| 5 | | (f) The county board may prescribe by ordinance reasonable | 6 | | rules and
regulations for floodplain management and for | 7 | | governing the location,
width, course and release rate of all | 8 | | stormwater runoff channels, streams
and basins in the county, | 9 | | in accordance with the adopted stormwater
management plan. | 10 | | These rules and regulations shall, at a minimum, meet
the | 11 | | standards for floodplain management established by the Office | 12 | | of Water Resources and
the requirements of the Federal | 13 | | Emergency Management Agency for participation
in the National | 14 | | Flood Insurance Program.
| 15 | | (g) For the purposes of implementing this Section and for | 16 | | the development, design, planning, construction, operation, | 17 | | and maintenance of stormwater facilities provided for in In | 18 | | accordance with, and if recommended in, the adopted stormwater
| 19 | | management plan, a the county board that has established a | 20 | | stormwater management planning committee pursuant to this | 21 | | Section or has participated in a stormwater management planning | 22 | | process may adopt a schedule of fees
applicable to all real | 23 | | property within the county which benefits from the county's | 24 | | stormwater management facilities and activities, and as may be | 25 | | necessary to mitigate the effects of increased stormwater | 26 | | runoff
resulting from new development. The total amount of the |
| | | 09700HB5900ham001 | - 7 - | LRB097 20410 KMW 67261 a |
|
| 1 | | fees assessed must be specifically and uniquely attributable to | 2 | | the actual costs of the county in the preparation, | 3 | | administration, and implementation of the shall not exceed the | 4 | | cost of
satisfying the onsite stormwater retention or detention | 5 | | requirements of the adopted stormwater management plan , | 6 | | construction and maintenance of stormwater facilities, and | 7 | | other activities related to the management of the runoff from | 8 | | the property . The individual fees must be specifically and | 9 | | uniquely attributable to the portion of the actual cost to the | 10 | | county of managing the runoff from the property. The fees shall | 11 | | be used to finance
activities undertaken by the county or its | 12 | | included municipalities to
mitigate the effects of urban | 13 | | stormwater runoff by providing and maintaining regional
| 14 | | stormwater collection, retention , or detention , and | 15 | | particulate treatment facilities and improving water bodies | 16 | | impacted by stormwater runoff , as identified in the county
| 17 | | plan. In establishing, maintaining, or replacing the | 18 | | facilities, the county shall not duplicate facilities operated | 19 | | by other governmental bodies within its corporate boundaries. | 20 | | The schedule of fees established by the county board shall | 21 | | include a procedure for a full or partial fee waiver for | 22 | | property owners who have taken actions or put in place | 23 | | facilities that reduce or eliminate the cost to the county of | 24 | | providing stormwater management services to their property. | 25 | | The county board may also offer tax or fee rebates or incentive | 26 | | payments to property owners who construct, maintain, and use |
| | | 09700HB5900ham001 | - 8 - | LRB097 20410 KMW 67261 a |
|
| 1 | | approved green infrastructure stormwater management devices or | 2 | | any other methods that reduce or eliminate the cost to the | 3 | | county of providing stormwater management services to the | 4 | | property, including but not limited to facilities that reduce | 5 | | the volume, velocity, and pollutant load of the stormwater | 6 | | managed by the county, such as systems that infiltrate, | 7 | | evapotranspirate, or harvest stormwater for reuse, known as | 8 | | "green infrastructure". In exercising this authority, the | 9 | | county shall provide notice to the municipalities within their | 10 | | jurisdictions of any fees proposed under this Section and seek | 11 | | the input of each municipality with respect to the calculation | 12 | | of the fees. The county shall also give property owners at | 13 | | least 2 years' notice of the fee during which time the county | 14 | | shall provide education on green infrastructure practices and | 15 | | an opportunity to take action to reduce or eliminate the fee. | 16 | | All such fees collected by the county shall be held in a | 17 | | separate fund,
and shall be expended only in the watershed | 18 | | within which they were collected. The county may enter into | 19 | | intergovernmental agreements with other government bodies for | 20 | | the joint administration of stormwater management and the | 21 | | collection of the fees authorized in this Section.
| 22 | | A fee schedule authorized by this subsection must have the | 23 | | same limit as the lesser of the 0.20% property value provided | 24 | | for in subsection (h) of this Section and the maximum tax | 25 | | currently allowable in the county under State law. The fee | 26 | | schedule shall not be adopted unless (i) at least part of the |
| | | 09700HB5900ham001 | - 9 - | LRB097 20410 KMW 67261 a |
|
| 1 | | county has been declared by a presidential proclamation after | 2 | | July 1, 1986 and before December 31, 1987, to be a disaster | 3 | | area as a result of flooding; (ii) a referendum has been passed | 4 | | approving a stormwater tax as provided in subsection (h) of | 5 | | this Section; or (iii) the question of the adoption of a fee | 6 | | schedule with the same limit as the authorized stormwater tax | 7 | | has been approved in a referendum by a majority of those voting | 8 | | on the question. | 9 | | (h) In the alternative, the For the purpose of implementing | 10 | | this Section and for the
development, design, planning, | 11 | | construction, operation and maintenance of
stormwater | 12 | | facilities provided for in the stormwater management plan, a
| 13 | | county board that has established a stormwater management | 14 | | planning
committee pursuant to this Section may cause an annual | 15 | | tax of not to exceed
0.20% of the value, as equalized or | 16 | | assessed by the Department of Revenue,
of all taxable property | 17 | | in the county to be levied upon all the taxable
property in the | 18 | | county. The tax shall be in addition to all other taxes
| 19 | | authorized by law to be levied and collected in the county and | 20 | | shall be in
addition to the maximum tax rate authorized by law | 21 | | for general county
purposes. The 0.20% limitation provided in | 22 | | this Section may be increased
or decreased by referendum in | 23 | | accordance with the provisions of Sections
18-120, 18-125, and | 24 | | 18-130 of the Property Tax Code.
| 25 | | Any revenues generated as a result of ownership or | 26 | | operation of facilities
or land acquired with the tax funds |
| | | 09700HB5900ham001 | - 10 - | LRB097 20410 KMW 67261 a |
|
| 1 | | collected pursuant to this subsection
(h) shall be held in a | 2 | | separate fund and be used either to abate such
property tax or | 3 | | for implementing this Section.
| 4 | | If a county adopts a fee schedule pursuant to this Section | 5 | | it may not also levy a tax under this subsection, except that | 6 | | if the county has existing debt repayments to make on a | 7 | | stormwater project, the remainder of that debt may be paid in | 8 | | the same manner as all earlier payments. | 9 | | However, unless at least part of the county has been | 10 | | declared after
July 1, 1986 by presidential proclamation to be | 11 | | a disaster area as a result
of flooding, the tax authorized by | 12 | | this subsection (h) shall not be levied
until the question of | 13 | | its adoption, either for a specified period or
indefinitely, | 14 | | has been submitted to the electors thereof and approved by a
| 15 | | majority of those voting on the question. This question may be | 16 | | submitted
at any election held in the county after the adoption | 17 | | of a resolution by
the county board providing for the | 18 | | submission of the question to the
electors of the county. The | 19 | | county board shall certify the resolution and
proposition to | 20 | | the proper election officials, who shall submit the
proposition | 21 | | at an election in accordance with the general election law. If
| 22 | | a majority of the votes cast on the question is in favor of the | 23 | | levy of
the tax, it may thereafter be levied in the county for | 24 | | the specified
period or indefinitely, as provided in the | 25 | | proposition. The question shall
be put in substantially the | 26 | | following form:
|
| | | 09700HB5900ham001 | - 11 - | LRB097 20410 KMW 67261 a |
|
| 1 | | -------------------------------------------------------------
| 2 | | Shall an annual tax be levied
| 3 | | for stormwater management purposes YES
| 4 | | (for a period of not more than
| 5 | | ...... years) at a rate not exceeding ------------------
| 6 | | .....% of the equalized assessed
| 7 | | value of the taxable property of NO
| 8 | | ........ County?
| 9 | | -------------------------------------------------------------
| 10 | | The following question may be submitted at any election | 11 | | held in the county after the adoption of a resolution by the | 12 | | county board providing for the submission of the question to | 13 | | the electors of the county to authorize adoption of a schedule | 14 | | of 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 | | (i) Upon the creation and implementation of a county | 24 | | stormwater management
plan, the county may petition the circuit | 25 | | court to dissolve any or all drainage
districts created | 26 | | pursuant to the Illinois Drainage Code or predecessor Acts
|
| | | 09700HB5900ham001 | - 12 - | LRB097 20410 KMW 67261 a |
|
| 1 | | which are located entirely within the area of the county | 2 | | covered by the plan.
| 3 | | However, any active drainage district implementing a plan | 4 | | that is
consistent with and at least as stringent as the county | 5 | | stormwater
management plan may petition the stormwater | 6 | | management planning committee
for exception from dissolution. | 7 | | Upon filing of the petition, the committee
shall set a date for | 8 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the | 9 | | filing thereof, and the committee shall give at least one | 10 | | week's
notice of the hearing in one or more newspapers of | 11 | | general circulation
within the district, and in addition shall | 12 | | cause a copy of the notice to be
personally served upon each of | 13 | | the trustees of the district. At the
hearing, the committee | 14 | | shall hear the district's petition and allow the
district | 15 | | trustees and any interested parties an opportunity to present | 16 | | oral
and written evidence. The committee shall render its | 17 | | decision upon the
petition for exception from dissolution based | 18 | | upon the best interests of
the residents of the district. In | 19 | | the event that the exception is not
allowed, the district may | 20 | | file a petition within 30 days of the decision
with the circuit | 21 | | court. In that case, the notice and hearing requirements
for | 22 | | the court shall be the same as herein provided for the | 23 | | committee.
The court shall likewise render its decision of | 24 | | whether to dissolve the
district based upon the best interests | 25 | | of residents of the district.
| 26 | | The dissolution of any drainage district shall not affect |
| | | 09700HB5900ham001 | - 13 - | LRB097 20410 KMW 67261 a |
|
| 1 | | the obligation
of any bonds issued or contracts entered into by | 2 | | the district nor
invalidate the levy, extension or collection | 3 | | of any taxes or special
assessments upon the property in the | 4 | | former drainage district. All property
and obligations of the | 5 | | former drainage district shall be assumed and
managed by the | 6 | | county, and the debts of the former drainage district shall
be | 7 | | discharged as soon as practicable.
| 8 | | If a drainage district lies only partly within a county | 9 | | that adopts a
county stormwater management plan, the county may | 10 | | petition the circuit
court to disconnect from the drainage | 11 | | district that portion of the district
that lies within that | 12 | | county. The property of the drainage district within the
| 13 | | disconnected area shall be assumed and managed by the county. | 14 | | The county shall
also assume a portion of the drainage | 15 | | district's debt at the time of
disconnection, based on the | 16 | | portion of the value of the taxable property of the
drainage | 17 | | district which is located within the area being disconnected.
| 18 | | The operations of any drainage district that continues to | 19 | | exist in a
county that has adopted a stormwater management plan | 20 | | in accordance with
this Section shall be in accordance with the | 21 | | adopted plan.
| 22 | | (j) Any county that has adopted a county stormwater | 23 | | management plan
under this Section may, after 10 days written | 24 | | notice to the owner or
occupant, enter upon any lands or waters | 25 | | within the county for the purpose
of inspecting stormwater | 26 | | facilities or causing the removal of any
obstruction to an |
| | | 09700HB5900ham001 | - 14 - | LRB097 20410 KMW 67261 a |
|
| 1 | | affected watercourse. The county shall be responsible
for any | 2 | | damages occasioned thereby.
| 3 | | (k) Upon petition of the municipality, and based on a | 4 | | finding of the
stormwater management planning committee, the | 5 | | county shall not enforce
rules and regulations adopted by the | 6 | | county in any municipality located
wholly or partly within the | 7 | | county that has a municipal stormwater
management ordinance | 8 | | that is consistent with and at least as stringent as
the county | 9 | | plan and ordinance, and is being enforced by the municipal
| 10 | | authorities.
| 11 | | (l) A county may issue general obligation bonds for | 12 | | implementing any
stormwater plan adopted under this Section in | 13 | | the manner prescribed in
Section 5-1012; except that the | 14 | | referendum requirement of Section 5-1012 shall
not apply to | 15 | | bonds issued pursuant to this Section on which the principal | 16 | | and
interest are to be paid entirely out of funds generated by | 17 | | the taxes and fees
authorized by this Section.
| 18 | | (m) The powers authorized by this Section may be | 19 | | implemented by the
county board for a portion of the county | 20 | | subject to similar stormwater
management needs.
| 21 | | (n) The powers and taxes authorized by this Section are in | 22 | | addition to the
powers and taxes authorized by Division 5-15; | 23 | | in exercising its powers
under this Section, a county shall not | 24 | | be subject to the restrictions and
requirements of that | 25 | | Division.
| 26 | | (o) Pursuant to paragraphs (g) and (i) of Section 6 of |
| | | 09700HB5900ham001 | - 15 - | LRB097 20410 KMW 67261 a |
|
| 1 | | Article VII of
the Illinois Constitution, this Section | 2 | | specifically denies and limits the
exercise of any power which | 3 | | is inconsistent herewith by home rule units in
any county with | 4 | | a population of less than 1,500,000 in the area served by
the | 5 | | Northeastern Illinois Planning Commission. This Section does | 6 | | not
prohibit the concurrent exercise of powers consistent | 7 | | herewith.
| 8 | | (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
| 9 | | (55 ILCS 5/5-1062.2) | 10 | | Sec. 5-1062.2. Stormwater management. | 11 | | (a) The purpose of this Section is to allow management and | 12 | | mitigation of the effects of urbanization on stormwater | 13 | | drainage in the metropolitan counties of Madison, St. Clair, | 14 | | Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone | 15 | | and references to "county" in this Section apply only to those | 16 | | counties , except that the counties of Champaign, Macon, McLean, | 17 | | Peoria, Rock Island, Sangamon, Tazewell, Vermilion, and | 18 | | Winnebago are authorized to adopt a schedule of fees as | 19 | | outlined in subsection (h) of this Section . This Section does | 20 | | not apply to any other counties in the State, including those | 21 | | located in the area served by the Northeastern Illinois | 22 | | Planning Commission that are granted authorities in Section | 23 | | 5-1062. The purpose of this Section shall be achieved by: | 24 | | (1) Consolidating the existing stormwater management
| 25 | | framework into a united, countywide structure. |
| | | 09700HB5900ham001 | - 16 - | LRB097 20410 KMW 67261 a |
|
| 1 | | (2) Setting minimum standards for floodplain and
| 2 | | stormwater management. | 3 | | (3) Preparing a countywide plan for the management
of | 4 | | stormwater runoff, including the management of natural and | 5 | | man-made drainageways. The countywide plan may incorporate | 6 | | watershed plans. | 7 | | (b) A stormwater management planning committee may be | 8 | | established by county board resolution, with its membership | 9 | | consisting of equal numbers of county board and municipal | 10 | | representatives from each county board district, and such other | 11 | | members as may be determined by the county and municipal | 12 | | members. If the county has more than 6 county board districts, | 13 | | however, the county board may by ordinance divide the county | 14 | | into not less than 6 areas of approximately equal population, | 15 | | to be used instead of county board districts for the purpose of | 16 | | determining representation on the stormwater management | 17 | | planning committee. | 18 | | The county board members shall be appointed by the chairman | 19 | | of the county board. Municipal members from each county board | 20 | | district or other represented area shall be appointed by a | 21 | | majority vote of the mayors of those municipalities that have | 22 | | the greatest percentage of their respective populations | 23 | | residing in that county board district or other represented | 24 | | area. All municipal and county board representatives shall be | 25 | | entitled to a vote; the other members shall be nonvoting | 26 | | members, unless authorized to vote by the unanimous consent of |
| | | 09700HB5900ham001 | - 17 - | LRB097 20410 KMW 67261 a |
|
| 1 | | the municipal and county board representatives. A municipality | 2 | | that is located in more than one county may choose, at the time | 3 | | of formation of the stormwater management planning committee | 4 | | and based on watershed boundaries, to participate in the | 5 | | stormwater management planning program of either or both of the | 6 | | counties. Subcommittees of the stormwater management planning | 7 | | committee may be established to serve a portion of the county | 8 | | or a particular drainage basin that has similar stormwater | 9 | | management needs. The stormwater management planning committee | 10 | | shall adopt bylaws, by a majority vote of the county and | 11 | | municipal members, to govern the functions of the committee and | 12 | | its subcommittees. Officers of the committee shall include a | 13 | | chair and vice chair, one of whom shall be a county | 14 | | representative and one a municipal representative. | 15 | | The principal duties of the committee shall be to develop a | 16 | | stormwater management plan for presentation to and approval by | 17 | | the county board, and to direct the plan's implementation and | 18 | | revision. The committee may retain engineering, legal, and | 19 | | financial advisors and inspection personnel. The committee | 20 | | shall meet at least quarterly and shall hold at least one | 21 | | public meeting during the preparation of the plan and prior to | 22 | | its submittal to the county board. The committee may make | 23 | | grants to units of local government that have adopted an | 24 | | ordinance requiring actions consistent with the stormwater | 25 | | management plan and to landowners for the purposes of | 26 | | stormwater management, including special projects; use of the |
| | | 09700HB5900ham001 | - 18 - | LRB097 20410 KMW 67261 a |
|
| 1 | | grant money must be consistent with the stormwater management | 2 | | plan. | 3 | | The committee shall not have or exercise any power of | 4 | | eminent domain.
| 5 | | (c) In the preparation of a stormwater management plan, a | 6 | | county stormwater management planning committee shall | 7 | | coordinate the planning process with each adjoining county to | 8 | | ensure that recommended stormwater projects will have no | 9 | | significant impact on the levels or flows of stormwaters in | 10 | | inter-county watersheds or on the capacity of existing and | 11 | | planned stormwater retention facilities. An adopted stormwater | 12 | | management plan shall identify steps taken by the county to | 13 | | coordinate the development of plan recommendations with | 14 | | adjoining counties. | 15 | | (d) The stormwater management committee may not enforce any | 16 | | rules or regulations that would interfere with (i) any power | 17 | | granted by the Illinois Drainage Code (70 ILCS 605/) to | 18 | | operate, construct, maintain, or improve drainage systems or | 19 | | (ii) the ability to operate, maintain, or improve the drainage | 20 | | systems used on or by land or a facility used for production | 21 | | agriculture purposes, as defined in the Use Tax Act (35 ILCS | 22 | | 105/), except newly constructed buildings and newly installed | 23 | | impervious paved surfaces. Disputes regarding an exception | 24 | | shall be determined by a mutually agreed upon arbitrator paid | 25 | | by the disputing party or parties. | 26 | | (e) Before the stormwater management planning committee |
| | | 09700HB5900ham001 | - 19 - | LRB097 20410 KMW 67261 a |
|
| 1 | | recommends to the county board a stormwater management plan for | 2 | | the county or a portion thereof, it shall submit the plan to | 3 | | the Office of Water Resources of the Department of Natural | 4 | | Resources for review and recommendations. The Office, in | 5 | | reviewing the plan, shall consider such factors as impacts on | 6 | | the levels or flows in rivers and streams and the cumulative | 7 | | effects of stormwater discharges on flood levels. The Office of | 8 | | Water Resources shall determine whether the plan or ordinances | 9 | | enacted to implement the plan complies with the requirements of | 10 | | subsection (f). Within a period not to exceed 60 days, the | 11 | | review comments and recommendations shall be submitted to the | 12 | | stormwater management planning committee for consideration. | 13 | | Any amendments to the plan shall be submitted to the Office for | 14 | | review. | 15 | | (f) Prior to recommending the plan to the county board, the | 16 | | stormwater management planning committee shall hold at least | 17 | | one public hearing thereon and shall afford interested persons | 18 | | an opportunity to be heard. The hearing shall be held in the | 19 | | county seat. Notice of the hearing shall be published at least | 20 | | once no less than 15 days in advance of the hearing in a | 21 | | newspaper of general circulation published in the county. The | 22 | | notice shall state the time and place of the hearing and the | 23 | | place where copies of the proposed plan will be accessible for | 24 | | examination by interested parties. If an affected municipality | 25 | | having a stormwater management plan adopted by ordinance wishes | 26 | | to protest the proposed county plan provisions, it shall appear |
| | | 09700HB5900ham001 | - 20 - | LRB097 20410 KMW 67261 a |
|
| 1 | | at the hearing and submit in writing specific proposals to the | 2 | | stormwater management planning committee. After consideration | 3 | | of the matters raised at the hearing, the committee may amend | 4 | | or approve the plan and recommend it to the county board for | 5 | | adoption. | 6 | | The county board may enact the proposed plan by ordinance. | 7 | | If the proposals for modification of the plan made by an | 8 | | affected municipality having a stormwater management plan are | 9 | | not included in the proposed county plan, and the municipality | 10 | | affected by the plan opposes adoption of the county plan by | 11 | | resolution of its corporate authorities, approval of the county | 12 | | plan shall require an affirmative vote of at least two-thirds | 13 | | of the county board members present and voting. If the county | 14 | | board wishes to amend the county plan, it shall submit in | 15 | | writing specific proposals to the stormwater management | 16 | | planning committee. If the proposals are not approved by the | 17 | | committee, or are opposed by resolution of the corporate | 18 | | authorities of an affected municipality having a municipal | 19 | | stormwater management plan, amendment of the plan shall require | 20 | | an affirmative vote of at least two-thirds of the county board | 21 | | members present and voting. | 22 | | (g) The county board may prescribe by ordinance reasonable | 23 | | rules and regulations for floodplain management and for | 24 | | governing the location, width, course, and release rate of all | 25 | | stormwater runoff channels, streams, and basins in the county, | 26 | | in accordance with the adopted stormwater management plan. |
| | | 09700HB5900ham001 | - 21 - | LRB097 20410 KMW 67261 a |
|
| 1 | | Land, facilities, and drainage district facilities used for | 2 | | production agriculture as defined in subsection (d) shall not | 3 | | be subjected to regulation by the county board or stormwater | 4 | | management committee under this Section for floodplain | 5 | | management and for governing location, width, course, | 6 | | maintenance, and release rate of stormwater runoff channels, | 7 | | streams and basins, or water discharged from a drainage | 8 | | district. These rules and regulations shall, at a minimum, meet | 9 | | the standards for floodplain management established by the | 10 | | Office of Water Resources and the requirements of the Federal | 11 | | Emergency Management Agency for participation in the National | 12 | | Flood Insurance Program. The Commission may not impose more | 13 | | stringent regulations regarding water quality on entities | 14 | | discharging in accordance with a valid National Pollution | 15 | | Discharge Elimination System permit issued under the | 16 | | Environmental Protection Act. | 17 | | (h) For the purpose of implementing this Section and for | 18 | | the development, design, planning, construction, operation, | 19 | | and maintenance of stormwater facilities provided for in In | 20 | | accordance with, and if recommended in, the adopted stormwater | 21 | | management plan, a the county board that has established a | 22 | | stormwater management planning committee pursuant to this | 23 | | Section or has participated in a stormwater management planning | 24 | | process may adopt a schedule of fees applicable to all real | 25 | | property within the county which receives benefit from the | 26 | | county's stormwater management facilities and activities, and |
| | | 09700HB5900ham001 | - 22 - | LRB097 20410 KMW 67261 a |
|
| 1 | | as may be necessary to mitigate the effects of increased | 2 | | stormwater runoff resulting from new development based on | 3 | | actual costs. The total amount of the fees assessed must be | 4 | | specifically and uniquely attributable to the actual costs of | 5 | | the county in the preparation, administration, and | 6 | | implementation of the shall not exceed the cost of satisfying | 7 | | the onsite stormwater retention or detention requirements of | 8 | | the adopted stormwater management plan , construction and | 9 | | maintenance of stormwater facilities, and other activities | 10 | | related to the management of the runoff from the property . The | 11 | | individual fees must be specifically and uniquely attributable | 12 | | to the portion of the actual cost to the county of managing the | 13 | | runoff from the property. The fees shall be used to finance | 14 | | activities undertaken by the county or its included | 15 | | municipalities to mitigate the effects of urban stormwater | 16 | | runoff by providing and maintaining regional stormwater | 17 | | collection, retention , or detention , and particulate treatment | 18 | | facilities and improving water bodies impacted by stormwater | 19 | | runoff , as identified in the county plan. In establishing, | 20 | | maintaining, or replacing such facilities, the county shall not | 21 | | duplicate facilities operated by other governmental bodies | 22 | | within its corporate boundaries. The schedule of fees | 23 | | established by the county board shall include a procedure for a | 24 | | full or partial fee waiver for property owners who have taken | 25 | | actions or put in place facilities that reduce or eliminate the | 26 | | cost to the county of providing stormwater management services |
| | | 09700HB5900ham001 | - 23 - | LRB097 20410 KMW 67261 a |
|
| 1 | | to their property. The county board may also offer tax or fee | 2 | | rebates or incentive payments to property owners who construct, | 3 | | maintain, and use approved green infrastructure stormwater | 4 | | management devices or any other methods that reduce or | 5 | | eliminate the cost to the county of providing stormwater | 6 | | management services to the property, including but not limited | 7 | | to facilities that reduce the volume, velocity, and pollutant | 8 | | load of the stormwater managed by the county, such as systems | 9 | | that infiltrate, evapotranspirate, or harvest stormwater for | 10 | | reuse, known as "green infrastructure". In exercising this | 11 | | authority, the county shall provide notice to the | 12 | | municipalities within their jurisdictions of any fees proposed | 13 | | under this Section and seek the input of each municipality with | 14 | | respect to the calculation of the fees. The county shall also | 15 | | give property owners at least 2 years' notice of the fee during | 16 | | which time the county shall provide education on green | 17 | | infrastructure practices and an opportunity to take action to | 18 | | reduce or eliminate the fee. The county board shall provide for | 19 | | a credit or reduction in fees for any onsite retention, | 20 | | detention, drainage district assessments, or other similar | 21 | | stormwater facility that the developer is required to construct | 22 | | consistent with the stormwater management ordinance. All these | 23 | | fees collected by the county shall be held in a separate fund, | 24 | | and shall be expended only in the watershed within which they | 25 | | were collected. The county may enter into intergovernmental | 26 | | agreements with other government bodies for the joint |
| | | 09700HB5900ham001 | - 24 - | LRB097 20410 KMW 67261 a |
|
| 1 | | administration of stormwater management and the collection of | 2 | | the fees authorized in this Section. | 3 | | A fee schedule authorized by this subsection must have the | 4 | | same limit as the lesser of the 0.20% property value provided | 5 | | for in subsection (i) of this Section and the maximum tax | 6 | | currently allowable in the county under State law. The fee | 7 | | schedule shall not be adopted unless (i) a referendum has been | 8 | | passed approving a stormwater tax as provided in subsection (i) | 9 | | of this Section; or (ii) the question of the adoption of a fee | 10 | | schedule with the same limit as the authorized stormwater tax | 11 | | has been approved in a referendum by a majority of those voting | 12 | | on the question. | 13 | | (i) In the alternative, the For the purpose of implementing | 14 | | this Section and for the development, design, planning, | 15 | | construction, operation, and maintenance of stormwater | 16 | | facilities provided for in the stormwater management plan, a | 17 | | county board that has established a stormwater management | 18 | | planning committee pursuant to this Section may cause an annual | 19 | | tax of not to exceed 0.20% of the value, as equalized or | 20 | | assessed by the Department of Revenue, of all taxable property | 21 | | in the county to be levied upon all the taxable property in the | 22 | | county or occupation and use taxes of 1/10 of one cent. The | 23 | | property tax shall be in addition to all other taxes authorized | 24 | | by law to be levied and collected in the county and shall be in | 25 | | addition to the maximum tax rate authorized by law for general | 26 | | county purposes. The 0.20% limitation provided in this Section |
| | | 09700HB5900ham001 | - 25 - | LRB097 20410 KMW 67261 a |
|
| 1 | | may be increased or decreased by referendum in accordance with | 2 | | the provisions of Sections 18-120, 18-125, and 18-130 of the | 3 | | Property Tax Code (35 ILCS 200/). | 4 | | Any revenues generated as a result of ownership or | 5 | | operation of facilities or land acquired with the tax funds | 6 | | collected pursuant to this subsection shall be held in a | 7 | | separate fund and be used either to abate such property tax or | 8 | | for implementing this Section. | 9 | | If a county adopts a fee schedule pursuant to this Section | 10 | | it may not also levy a tax under this subsection, except that | 11 | | if that county has existing debt repayments to make on a | 12 | | stormwater project, the remainder of that debt may be paid in | 13 | | the same manner as all earlier payments. | 14 | | However, the tax authorized by this subsection shall not be | 15 | | levied until the question of its adoption, either for a | 16 | | specified period or indefinitely, has been submitted to the | 17 | | electors thereof and approved by a majority of those voting on | 18 | | the question. This question may be submitted at any election | 19 | | held in the county after the adoption of a resolution by the | 20 | | county board providing for the submission of the question to | 21 | | the electors of the county. The county board shall certify the | 22 | | resolution and proposition to the proper election officials, | 23 | | who shall submit the proposition at an election in accordance | 24 | | with the general election law. If a majority of the votes cast | 25 | | on the question is in favor of the levy of the tax, it may | 26 | | thereafter be levied in the county for the specified period or |
| | | 09700HB5900ham001 | - 26 - | LRB097 20410 KMW 67261 a |
|
| 1 | | indefinitely, as provided in the proposition. The question | 2 | | shall be put in substantially the following form: | 3 | | Shall an annual tax be levied
for stormwater management | 4 | | purposes (for a period of not more than ..... years) at a | 5 | | rate not exceeding
.....% of the equalized assessed
value | 6 | | of the taxable property of ..... County?
| 7 | | Or this question may be submitted at any election held in the | 8 | | county after the adoption of a resolution by the county board | 9 | | providing for the submission of the question to the electors of | 10 | | the county to authorize use and occupation taxes of 1/10 of one | 11 | | cent: | 12 | | Shall use and occupation taxes be raised for stormwater | 13 | | management purposes (for a period of not more than ..... | 14 | | years) at a rate of 1/10 of one cent for taxable goods in | 15 | | ..... County? | 16 | | Votes shall be recorded as Yes or No.
| 17 | | The following question may be submitted at any election | 18 | | held in the county after the adoption of a resolution by the | 19 | | county board providing for the submission of the question to | 20 | | the electors of the county to authorize adoption of a schedule | 21 | | of fees applicable to all real property within the county: | 22 | | Shall the county board be authorized to adopt a | 23 | | schedule of fees, at a rate not exceeding that of the | 24 | | stormwater management tax, applicable to all real property | 25 | | for preparation, administration, and implementation of an | 26 | | adopted stormwater management plan, construction and |
| | | 09700HB5900ham001 | - 27 - | LRB097 20410 KMW 67261 a |
|
| 1 | | maintenance of related facilities, and management of the | 2 | | runoff from the property? | 3 | | Votes shall be recorded as Yes or No. | 4 | | (j) For those counties that adopt a property tax in | 5 | | accordance with the provisions in this Section, the stormwater | 6 | | management committee shall offer property tax abatements or | 7 | | incentive payments to property owners who construct, maintain, | 8 | | and use approved stormwater management devices. For those | 9 | | counties that adopt use and occupation taxes in accordance with | 10 | | the provisions of this Section, the stormwater management | 11 | | committee may offer tax rebates or incentive payments to | 12 | | property owners who construct, maintain, and use approved | 13 | | stormwater management devices.
The stormwater management | 14 | | committee is authorized to offer credits to the property tax, | 15 | | if applicable, based on authorized practices consistent with | 16 | | the stormwater management plan and approved by the committee. | 17 | | Expenses of staff of a stormwater management committee that are | 18 | | expended on regulatory project review may be no more than 20% | 19 | | of the annual budget of the committee, including funds raised | 20 | | under subsections (h) and (i). | 21 | | (k) Any county that has adopted a county stormwater | 22 | | management plan under this Section may, after 10 days written | 23 | | notice receiving consent of the owner or occupant, enter upon | 24 | | any lands or waters within the county for the purpose of | 25 | | inspecting stormwater facilities or causing the removal of any | 26 | | obstruction to an affected watercourse. If consent is denied or |
| | | 09700HB5900ham001 | - 28 - | LRB097 20410 KMW 67261 a |
|
| 1 | | cannot be reasonably obtained, the county ordinance shall | 2 | | provide a process or procedure for an administrative warrant to | 3 | | be obtained. The county shall be responsible for any damages | 4 | | occasioned thereby. | 5 | | (l) Upon petition of the municipality, and based on a | 6 | | finding of the stormwater management planning committee, the | 7 | | county shall not enforce rules and regulations adopted by the | 8 | | county in any municipality located wholly or partly within the | 9 | | county that has a municipal stormwater management ordinance | 10 | | that is consistent with and at least as stringent as the county | 11 | | plan and ordinance, and is being enforced by the municipal | 12 | | authorities. On issues that the county ordinance is more | 13 | | stringent as deemed by the committee, the county shall only | 14 | | enforce rules and regulations adopted by the county on the more | 15 | | stringent issues and accept municipal permits. The county shall | 16 | | have no more than 60 days to review permits or the permits | 17 | | shall be deemed approved. | 18 | | (m) A county may issue general obligation bonds for | 19 | | implementing any stormwater plan adopted under this Section in | 20 | | the manner prescribed in Section 5-1012; except that the | 21 | | referendum requirement of Section 5-1012 does not apply to | 22 | | bonds issued pursuant to this Section on which the principal | 23 | | and interest are to be paid entirely out of funds generated by | 24 | | the taxes and fees authorized by this Section. | 25 | | (n) The powers authorized by this Section may be | 26 | | implemented by the county board for a portion of the county |
| | | 09700HB5900ham001 | - 29 - | LRB097 20410 KMW 67261 a |
|
| 1 | | subject to similar stormwater management needs. | 2 | | (o) The powers and taxes authorized by this Section are in | 3 | | addition to the powers and taxes authorized by Division 5-15; | 4 | | in exercising its powers under this Section, a county shall not | 5 | | be subject to the restrictions and requirements of that | 6 | | Division.
| 7 | | (Source: P.A. 94-675, eff. 8-23-05.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
|
|