Illinois General Assembly - Full Text of SB1337
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Full Text of SB1337  100th General Assembly


Sen. Sue Rezin

Filed: 2/28/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1337 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Counties Code is amended by changing
5Section 5-1062.2 as follows:
6    (55 ILCS 5/5-1062.2)
7    Sec. 5-1062.2. Stormwater management.
8    (a) The purpose of this Section is to allow management and
9mitigation of the effects of urbanization on stormwater
10drainage in all counties not granted authority under Section
115-1062 or Section 5-1062.3 of this Code the metropolitan
12counties of Madison, St. Clair, Monroe, Kankakee, Grundy,
13LaSalle, DeKalb, Kendall, and Boone and references to "county"
14in this Section apply only to those counties. This Section does
15not apply to counties in the Northeastern Illinois Planning
16Commission that are granted authorities in Section 5-1062. The



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1purpose of this Section shall be achieved by:
2        (1) Consolidating the existing stormwater management
3    framework into a united, countywide structure.
4        (2) Setting minimum standards for floodplain and
5    stormwater management.
6        (3) Preparing a countywide plan for the management of
7    stormwater runoff, including the management of natural and
8    man-made drainageways. The countywide plan may incorporate
9    watershed plans.
10    (b) A stormwater management planning committee may be
11established by county board resolution, with its membership
12consisting of equal numbers of county board and municipal
13representatives from each county board district, and such other
14members as may be determined by the county and municipal
15members. If the county has more than 6 county board districts,
16however, the county board may by ordinance divide the county
17into not less than 6 areas of approximately equal population,
18to be used instead of county board districts for the purpose of
19determining representation on the stormwater management
20planning committee.
21    The county board members shall be appointed by the chairman
22of the county board. Municipal members from each county board
23district or other represented area shall be appointed by a
24majority vote of the mayors of those municipalities that have
25the greatest percentage of their respective populations
26residing in that county board district or other represented



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1area. All municipal and county board representatives shall be
2entitled to a vote; the other members shall be nonvoting
3members, unless authorized to vote by the unanimous consent of
4the municipal and county board representatives. A municipality
5that is located in more than one county may choose, at the time
6of formation of the stormwater management planning committee
7and based on watershed boundaries, to participate in the
8stormwater management planning program of either or both of the
9counties. Subcommittees of the stormwater management planning
10committee may be established to serve a portion of the county
11or a particular drainage basin that has similar stormwater
12management needs. The stormwater management planning committee
13shall adopt bylaws, by a majority vote of the county and
14municipal members, to govern the functions of the committee and
15its subcommittees. Officers of the committee shall include a
16chair and vice chair, one of whom shall be a county
17representative and one a municipal representative.
18    The principal duties of the committee shall be to develop a
19stormwater management plan for presentation to and approval by
20the county board, and to direct the plan's implementation and
21revision. The committee may retain engineering, legal, and
22financial advisors and inspection personnel. The committee
23shall meet at least quarterly and shall hold at least one
24public meeting during the preparation of the plan and prior to
25its submittal to the county board. The committee may make
26grants to units of local government that have adopted an



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1ordinance requiring actions consistent with the stormwater
2management plan and to landowners for the purposes of
3stormwater management, including special projects; use of the
4grant money must be consistent with the stormwater management
6    The committee shall not have or exercise any power of
7eminent domain.
8    (c) In the preparation of a stormwater management plan, a
9county stormwater management planning committee shall
10coordinate the planning process with each adjoining county to
11ensure that recommended stormwater projects will have no
12significant impact on the levels or flows of stormwaters in
13inter-county watersheds or on the capacity of existing and
14planned stormwater retention facilities. An adopted stormwater
15management plan shall identify steps taken by the county to
16coordinate the development of plan recommendations with
17adjoining counties.
18    (d) The stormwater management committee may not enforce any
19rules or regulations that would interfere with (i) any power
20granted by the Illinois Drainage Code (70 ILCS 605/) to
21operate, construct, maintain, or improve drainage systems or
22(ii) the ability to operate, maintain, or improve the drainage
23systems used on or by land or a facility used for production
24agriculture purposes, as defined in the Use Tax Act (35 ILCS
25105/), except newly constructed buildings and newly installed
26impervious paved surfaces. Disputes regarding an exception



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



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



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1governing the location, width, course, and release rate of all
2stormwater runoff channels, streams, and basins in the county,
3in accordance with the adopted stormwater management plan.
4Land, facilities, and drainage district facilities used for
5production agriculture as defined in subsection (d) shall not
6be subjected to regulation by the county board or stormwater
7management committee under this Section for floodplain
8management and for governing location, width, course,
9maintenance, and release rate of stormwater runoff channels,
10streams and basins, or water discharged from a drainage
11district. These rules and regulations shall, at a minimum, meet
12the standards for floodplain management established by the
13Office of Water Resources and the requirements of the Federal
14Emergency Management Agency for participation in the National
15Flood Insurance Program. The Commission may not impose more
16stringent regulations regarding water quality on entities
17discharging in accordance with a valid National Pollution
18Discharge Elimination System permit issued under the
19Environmental Protection Act.
20    (h) In accordance with, and if recommended in, the adopted
21stormwater management plan, the county board may adopt a
22schedule of fees as may be necessary to mitigate the effects of
23increased stormwater runoff resulting from new development
24based on actual costs. The fees shall not exceed the cost of
25satisfying the onsite stormwater retention or detention
26requirements of the adopted stormwater management plan. The



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1fees shall be used to finance activities undertaken by the
2county or its included municipalities to mitigate the effects
3of urban stormwater runoff by providing regional stormwater
4retention or detention facilities, as identified in the county
5plan. The county board shall provide for a credit or reduction
6in fees for any onsite retention, detention, drainage district
7assessments, or other similar stormwater facility that the
8developer is required to construct consistent with the
9stormwater management ordinance. All these fees collected by
10the county shall be held in a separate fund, and shall be
11expended only in the watershed within which they were
13    (i) For the purpose of implementing this Section and for
14the development, design, planning, construction, operation,
15and maintenance of stormwater facilities provided for in the
16stormwater management plan, a county board that has established
17a stormwater management planning committee pursuant to this
18Section may cause an annual tax of not to exceed 0.20% of the
19value, as equalized or assessed by the Department of Revenue,
20of all taxable property in the county to be levied upon all the
21taxable property in the county or occupation and use taxes of
221/10 of one cent. The property tax shall be in addition to all
23other taxes authorized by law to be levied and collected in the
24county and shall be in addition to the maximum tax rate
25authorized by law for general county purposes. The 0.20%
26limitation provided in this Section may be increased or



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1decreased by referendum in accordance with the provisions of
2Sections 18-120, 18-125, and 18-130 of the Property Tax Code
3(35 ILCS 200/).
4    Any revenues generated as a result of ownership or
5operation of facilities or land acquired with the tax funds
6collected pursuant to this subsection shall be held in a
7separate fund and be used either to abate such property tax or
8for implementing this Section.
9    However, the tax authorized by this subsection shall not be
10levied until the question of its adoption, either for a
11specified period or indefinitely, has been submitted to the
12electors thereof and approved by a majority of those voting on
13the question. This question may be submitted at any election
14held in the county after the adoption of a resolution by the
15county board providing for the submission of the question to
16the electors of the county. The county board shall certify the
17resolution and proposition to the proper election officials,
18who shall submit the proposition at an election in accordance
19with the general election law. If a majority of the votes cast
20on the question is in favor of the levy of the tax, it may
21thereafter be levied in the county for the specified period or
22indefinitely, as provided in the proposition. The question
23shall be put in substantially the following form:
24        Shall an annual tax be levied for stormwater management
25    purposes (for a period of not more than ..... years) at a
26    rate not exceeding .....% of the equalized assessed value



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1    of the taxable property of ..... County?
2Or this question may be submitted at any election held in the
3county after the adoption of a resolution by the county board
4providing for the submission of the question to the electors of
5the county to authorize use and occupation taxes of 1/10 of one
7        Shall use and occupation taxes be raised for stormwater
8    management purposes (for a period of not more than .....
9    years) at a rate of 1/10 of one cent for taxable goods in
10    ..... County?
11    Votes shall be recorded as Yes or No.
12    (j) For those counties that adopt a property tax in
13accordance with the provisions in this Section, the stormwater
14management committee shall offer property tax abatements or
15incentive payments to property owners who construct, maintain,
16and use approved stormwater management devices. For those
17counties that adopt use and occupation taxes in accordance with
18the provisions of this Section, the stormwater management
19committee may offer tax rebates or incentive payments to
20property owners who construct, maintain, and use approved
21stormwater management devices. The stormwater management
22committee is authorized to offer credits to the property tax,
23if applicable, based on authorized practices consistent with
24the stormwater management plan and approved by the committee.
25Expenses of staff of a stormwater management committee that are
26expended on regulatory project review may be no more than 20%



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1of the annual budget of the committee, including funds raised
2under subsections (h) and (i).
3    (k) Any county that has adopted a county stormwater
4management plan under this Section may, after 10 days written
5notice receiving consent of the owner or occupant, enter upon
6any lands or waters within the county for the purpose of
7inspecting stormwater facilities or causing the removal of any
8obstruction to an affected watercourse. If consent is denied or
9cannot be reasonably obtained, the county ordinance shall
10provide a process or procedure for an administrative warrant to
11be obtained. The county shall be responsible for any damages
12occasioned thereby.
13    (l) Upon petition of the municipality, and based on a
14finding of the stormwater management planning committee, the
15county shall not enforce rules and regulations adopted by the
16county in any municipality located wholly or partly within the
17county that has a municipal stormwater management ordinance
18that is consistent with and at least as stringent as the county
19plan and ordinance, and is being enforced by the municipal
20authorities. On issues that the county ordinance is more
21stringent as deemed by the committee, the county shall only
22enforce rules and regulations adopted by the county on the more
23stringent issues and accept municipal permits. The county shall
24have no more than 60 days to review permits or the permits
25shall be deemed approved.
26    (m) A county may issue general obligation bonds for



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1implementing any stormwater plan adopted under this Section in
2the manner prescribed in Section 5-1012; except that the
3referendum requirement of Section 5-1012 does not apply to
4bonds issued pursuant to this Section on which the principal
5and interest are to be paid entirely out of funds generated by
6the taxes and fees authorized by this Section.
7    (n) The powers authorized by this Section may be
8implemented by the county board for a portion of the county
9subject to similar stormwater management needs.
10    (o) The powers and taxes authorized by this Section are in
11addition to the powers and taxes authorized by Division 5-15;
12in exercising its powers under this Section, a county shall not
13be subject to the restrictions and requirements of that
15(Source: P.A. 94-675, eff. 8-23-05.)".