State of Illinois
91st General Assembly
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[ Engrossed ][ House Amendment 001 ]

91_HB0778

 
                                               LRB9101154EGfg

 1        AN ACT in relation  to  stormwater  management,  amending
 2    named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Property Tax Code is amended by  changing
 6    Section 18-185 as follows:

 7        (35 ILCS 200/18-185)
 8        Sec. 18-185.  Short title; definitions.  This Division 5
 9    Section  and  Sections  18-190 through 18-245 may be cited as
10    the Property Tax Extension Limitation Law.  As used  in  this
11    Division 5 Sections 18-190 through 18-245:
12        "Consumer Price Index" means the Consumer Price Index for
13    All  Urban  Consumers  for  all items published by the United
14    States Department of Labor.
15        "Extension limitation" means (a) the lesser of 5% or  the
16    percentage  increase  in  the Consumer Price Index during the
17    12-month calendar year preceding the levy  year  or  (b)  the
18    rate of increase approved by voters under Section 18-205.
19        "Affected  county"  means  a  county of 3,000,000 or more
20    inhabitants or a county contiguous to a county  of  3,000,000
21    or more inhabitants.
22        "Taxing  district"  has  the  same  meaning  provided  in
23    Section  1-150, except as otherwise provided in this Section.
24    For the 1991 through 1994 levy years only, "taxing  district"
25    includes  only  each non-home rule taxing district having the
26    majority of its 1990  equalized  assessed  value  within  any
27    county  or  counties contiguous to a county with 3,000,000 or
28    more inhabitants.  Beginning with the 1995 levy year, "taxing
29    district" includes only each non-home  rule  taxing  district
30    subject  to  this  Law  before  the  1995  levy year and each
31    non-home rule taxing district not subject to this Law  before
 
                            -2-                LRB9101154EGfg
 1    the  1995 levy year having the majority of its 1994 equalized
 2    assessed value in an affected county or counties.   Beginning
 3    with  the levy year in which this Law becomes applicable to a
 4    taxing  district  as  provided  in  Section  18-213,  "taxing
 5    district" also includes those taxing districts  made  subject
 6    to this Law as provided in Section 18-213.
 7        "Aggregate  extension" for taxing districts to which this
 8    Law applied before  the  1995  levy  year  means  the  annual
 9    corporate extension for the taxing district and those special
10    purpose  extensions  that  are  made  annually for the taxing
11    district, excluding special purpose extensions: (a) made  for
12    the  taxing  district to pay interest or principal on general
13    obligation bonds that were approved by referendum;  (b)  made
14    for  any  taxing  district  to  pay  interest or principal on
15    general obligation bonds issued before October 1,  1991;  (c)
16    made  for any taxing district to pay interest or principal on
17    bonds issued to refund or  continue  to  refund  those  bonds
18    issued  before  October  1,  1991;  (d)  made  for any taxing
19    district to pay interest or  principal  on  bonds  issued  to
20    refund  or  continue  to refund bonds issued after October 1,
21    1991 that were approved  by  referendum;  (e)  made  for  any
22    taxing district to pay interest or principal on revenue bonds
23    issued before October 1, 1991 for payment of which a property
24    tax  levy  or  the full faith and credit of the unit of local
25    government is pledged; however, a  tax  for  the  payment  of
26    interest or principal on those bonds shall be made only after
27    the governing body of the unit of local government finds that
28    all  other sources for payment are insufficient to make those
29    payments; (f) made for payments under a  building  commission
30    lease when the lease payments are for the retirement of bonds
31    issued  by  the commission before October 1, 1991, to pay for
32    the  building  project;  (g)  made  for  payments  due  under
33    installment contracts entered into before  October  1,  1991;
34    (h)  made  for  payments  of  principal and interest on bonds
 
                            -3-                LRB9101154EGfg
 1    issued under the Metropolitan Water Reclamation District  Act
 2    to  finance construction projects initiated before October 1,
 3    1991; (i) made for payments  of  principal  and  interest  on
 4    limited   bonds,  as  defined  in  Section  3  of  the  Local
 5    Government Debt Reform Act, in an amount not  to  exceed  the
 6    debt  service  extension  base  less the amount in items (b),
 7    (c), (e), and  (h)  of  this  definition  for  non-referendum
 8    obligations,  except obligations initially issued pursuant to
 9    referendum; (j) made for payments of principal  and  interest
10    on bonds issued under Section 15 of the Local Government Debt
11    Reform   Act;   and  (k)  made  by  a  school  district  that
12    participates  in  the  Special  Education  District  of  Lake
13    County, created by special education  joint  agreement  under
14    Section  10-22.31  of  the  School  Code,  for payment of the
15    school  district's  share  of  the  amounts  required  to  be
16    contributed by the Special Education District of Lake  County
17    to  the Illinois Municipal Retirement Fund under Article 7 of
18    the Illinois Pension Code; the amount of any extension  under
19    this  item  (k)  shall be certified by the school district to
20    the county clerk.
21        "Aggregate extension" for the taxing districts  to  which
22    this  Law  did  not  apply  before the 1995 levy year (except
23    taxing districts subject  to  this  Law  in  accordance  with
24    Section  18-213) means the annual corporate extension for the
25    taxing district and those special purpose extensions that are
26    made annually for  the  taxing  district,  excluding  special
27    purpose  extensions:  (a) made for the taxing district to pay
28    interest or principal on general obligation bonds  that  were
29    approved  by  referendum; (b) made for any taxing district to
30    pay interest or principal on general obligation bonds  issued
31    before March 1, 1995; (c) made for any taxing district to pay
32    interest  or  principal on bonds issued to refund or continue
33    to refund those bonds issued before March 1, 1995;  (d)  made
34    for any taxing district to pay interest or principal on bonds
 
                            -4-                LRB9101154EGfg
 1    issued  to  refund  or  continue to refund bonds issued after
 2    March 1, 1995 that were approved by referendum; (e) made  for
 3    any  taxing  district to pay interest or principal on revenue
 4    bonds issued before March 1, 1995  for  payment  of  which  a
 5    property tax levy or the full faith and credit of the unit of
 6    local  government  is pledged; however, a tax for the payment
 7    of interest or principal on those bonds shall  be  made  only
 8    after  the  governing  body  of  the unit of local government
 9    finds that all other sources for payment are insufficient  to
10    make  those  payments; (f) made for payments under a building
11    commission  lease  when  the  lease  payments  are  for   the
12    retirement  of bonds issued by the commission before March 1,
13    1995 to pay for the building project; (g) made  for  payments
14    due  under installment contracts entered into before March 1,
15    1995; (h) made for payments  of  principal  and  interest  on
16    bonds   issued   under  the  Metropolitan  Water  Reclamation
17    District  Act  to  finance  construction  projects  initiated
18    before October 1, 1991; (h-5) made for stormwater  management
19    purposes  pursuant to a tax imposed by the Metropolitan Water
20    Reclamation District of Greater Chicago under subsection  (f)
21    of  Section 7h of the Metropolitan Water Reclamation District
22    Act; (i) made for  payments  of  principal  and  interest  on
23    limited   bonds,  as  defined  in  Section  3  of  the  Local
24    Government Debt Reform Act, in an amount not  to  exceed  the
25    debt  service  extension  base  less the amount in items (b),
26    (c),  and  (e)  of   this   definition   for   non-referendum
27    obligations,  except obligations initially issued pursuant to
28    referendum and bonds described  in  subsection  (h)  of  this
29    definition;  (j)  made for payments of principal and interest
30    on bonds issued under Section 15 of the Local Government Debt
31    Reform Act; (k) made for payments of principal  and  interest
32    on  bonds  authorized  by  Public Act 88-503 and issued under
33    Section 20a of the Chicago Park District Act for aquarium  or
34    museum  projects;  and (l) made for payments of principal and
 
                            -5-                LRB9101154EGfg
 1    interest on bonds authorized by Public Act 87-1191 and issued
 2    under Section 42 of the Cook County Forest Preserve  District
 3    Act for zoological park projects.
 4        "Aggregate  extension"  for all taxing districts to which
 5    this Law applies in accordance with  Section  18-213,  except
 6    for  those  taxing  districts  subject  to  paragraph  (2) of
 7    subsection (e) of Section 18-213, means the annual  corporate
 8    extension  for  the taxing district and those special purpose
 9    extensions that are made annually for  the  taxing  district,
10    excluding special purpose extensions: (a) made for the taxing
11    district  to  pay interest or principal on general obligation
12    bonds that were approved by  referendum;  (b)  made  for  any
13    taxing  district  to  pay  interest  or  principal on general
14    obligation  bonds  issued  before  the  date  on  which   the
15    referendum  making this Law applicable to the taxing district
16    is held; (c) made for any taxing district to pay interest  or
17    principal  on  bonds  issued  to refund or continue to refund
18    those bonds issued before the date on  which  the  referendum
19    making  this  Law  applicable to the taxing district is held;
20    (d) made for any taxing district to pay interest or principal
21    on bonds issued to refund or continue to refund bonds  issued
22    after  the  date  on  which  the  referendum  making this Law
23    applicable to the taxing district is held if the  bonds  were
24    approved by referendum after the date on which the referendum
25    making  this  Law  applicable to the taxing district is held;
26    (e) made for any taxing district to pay interest or principal
27    on  revenue  bonds  issued  before  the  date  on  which  the
28    referendum making this Law applicable to the taxing  district
29    is  held for payment of which a property tax levy or the full
30    faith and credit of the unit of local government is  pledged;
31    however,  a  tax  for the payment of interest or principal on
32    those bonds shall be made only after the  governing  body  of
33    the unit of local government finds that all other sources for
34    payment are insufficient to make those payments; (f) made for
 
                            -6-                LRB9101154EGfg
 1    payments  under  a  building  commission lease when the lease
 2    payments are for  the  retirement  of  bonds  issued  by  the
 3    commission  before  the  date  on which the referendum making
 4    this Law applicable to the taxing district is held to pay for
 5    the  building  project;  (g)  made  for  payments  due  under
 6    installment contracts entered into before the date  on  which
 7    the  referendum  making  this  Law  applicable  to the taxing
 8    district is held; (h) made  for  payments  of  principal  and
 9    interest  on  limited  bonds,  as defined in Section 3 of the
10    Local Government Debt Reform Act, in an amount not to  exceed
11    the debt service extension base less the amount in items (b),
12    (c),   and   (e)   of   this  definition  for  non-referendum
13    obligations, except obligations initially issued pursuant  to
14    referendum;  (i)  made for payments of principal and interest
15    on bonds issued under Section 15 of the Local Government Debt
16    Reform Act; and (j) made for a qualified airport authority to
17    pay interest or principal on general obligation bonds  issued
18    for the purpose of paying obligations due under, or financing
19    airport  facilities  required  to  be  acquired, constructed,
20    installed or equipped pursuant  to,  contracts  entered  into
21    before  March  1,  1996  (but not including any amendments to
22    such a contract taking effect on or after that date).
23        "Aggregate extension" for all taxing districts  to  which
24    this   Law  applies  in  accordance  with  paragraph  (2)  of
25    subsection (e) of Section 18-213 means the  annual  corporate
26    extension  for  the taxing district and those special purpose
27    extensions that are made annually for  the  taxing  district,
28    excluding special purpose extensions: (a) made for the taxing
29    district  to  pay interest or principal on general obligation
30    bonds that were approved by  referendum;  (b)  made  for  any
31    taxing  district  to  pay  interest  or  principal on general
32    obligation bonds issued before the  effective  date  of  this
33    amendatory  Act  of 1997; (c) made for any taxing district to
34    pay interest or  principal  on  bonds  issued  to  refund  or
 
                            -7-                LRB9101154EGfg
 1    continue  to  refund  those bonds issued before the effective
 2    date of this amendatory Act of 1997; (d) made for any  taxing
 3    district  to  pay  interest  or  principal on bonds issued to
 4    refund or continue to refund bonds issued after the effective
 5    date of this  amendatory  Act  of  1997  if  the  bonds  were
 6    approved  by  referendum  after  the  effective  date of this
 7    amendatory Act of 1997; (e) made for any taxing  district  to
 8    pay  interest or principal on revenue bonds issued before the
 9    effective date of this amendatory Act of 1997 for payment  of
10    which a property tax levy or the full faith and credit of the
11    unit  of  local government is pledged; however, a tax for the
12    payment of interest or principal on those bonds shall be made
13    only after the governing body of the unit of local government
14    finds that all other sources for payment are insufficient  to
15    make  those  payments; (f) made for payments under a building
16    commission  lease  when  the  lease  payments  are  for   the
17    retirement  of  bonds  issued  by  the  commission before the
18    effective date of this amendatory Act of 1997 to pay for  the
19    building project; (g) made for payments due under installment
20    contracts  entered  into  before  the  effective date of this
21    amendatory Act of 1997; (h) made for  payments  of  principal
22    and interest on limited bonds, as defined in Section 3 of the
23    Local  Government Debt Reform Act, in an amount not to exceed
24    the debt service extension base less the amount in items (b),
25    (c),  and  (e)  of   this   definition   for   non-referendum
26    obligations,  except obligations initially issued pursuant to
27    referendum; (i) made for payments of principal  and  interest
28    on bonds issued under Section 15 of the Local Government Debt
29    Reform Act; and (j) made for a qualified airport authority to
30    pay  interest or principal on general obligation bonds issued
31    for the purpose of paying obligations due under, or financing
32    airport facilities  required  to  be  acquired,  constructed,
33    installed  or  equipped  pursuant  to, contracts entered into
34    before March 1, 1996 (but not  including  any  amendments  to
 
                            -8-                LRB9101154EGfg
 1    such a contract taking effect on or after that date).
 2        "Debt  service  extension  base" means an amount equal to
 3    that portion of the extension for a taxing district  for  the
 4    1994 levy year, or for those taxing districts subject to this
 5    Law  in  accordance  with  Section  18-213,  except for those
 6    subject to paragraph (2) of subsection (e) of Section 18-213,
 7    for the levy year in which the  referendum  making  this  Law
 8    applicable  to  the  taxing  district  is  held, or for those
 9    taxing districts subject  to  this  Law  in  accordance  with
10    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
11    1996 levy year, constituting  an  extension  for  payment  of
12    principal and interest on bonds issued by the taxing district
13    without referendum, but not including (i) bonds authorized by
14    Public Act 88-503 and issued under Section 20a of the Chicago
15    Park  District  Act  for  aquarium  and museum projects; (ii)
16    bonds issued under Section 15 of the  Local  Government  Debt
17    Reform  Act;  or (iii) refunding obligations issued to refund
18    or  to  continue  to  refund  obligations  initially   issued
19    pursuant  to referendum.  The debt service extension base may
20    be established or increased as provided under Section 18-212.
21        "Special purpose extensions" include, but are not limited
22    to, extensions  for  levies  made  on  an  annual  basis  for
23    unemployment   and   workers'  compensation,  self-insurance,
24    contributions to pension plans, and extensions made  pursuant
25    to  Section  6-601  of  the  Illinois Highway Code for a road
26    district's permanent road fund  whether  levied  annually  or
27    not.   The  extension  for  a  special  service  area  is not
28    included in the aggregate extension.
29        "Aggregate extension base" means  the  taxing  district's
30    last preceding aggregate extension as adjusted under Sections
31    18-215 through 18-230.
32        "Levy  year" has the same meaning as "year" under Section
33    1-155.
34        "New property" means (i) the assessed value, after  final
 
                            -9-                LRB9101154EGfg
 1    board   of   review  or  board  of  appeals  action,  of  new
 2    improvements or additions to  existing  improvements  on  any
 3    parcel  of  real property that increase the assessed value of
 4    that real property during the levy  year  multiplied  by  the
 5    equalization  factor  issued  by the Department under Section
 6    17-30 and (ii) the  assessed  value,  after  final  board  of
 7    review  or  board  of  appeals  action,  of real property not
 8    exempt from real estate taxation,  which  real  property  was
 9    exempt  from  real  estate  taxation  for  any portion of the
10    immediately  preceding   levy   year,   multiplied   by   the
11    equalization  factor  issued  by the Department under Section
12    17-30.  In addition, the county clerk in a county  containing
13    a  population  of 3,000,000 or more shall include in the 1997
14    recovered tax increment value for any  school  district,  any
15    recovered tax increment value that was applicable to the 1995
16    tax year calculations.
17        "Qualified  airport authority" means an airport authority
18    organized under the Airport Authorities Act and located in  a
19    county  bordering  on  the  State  of  Wisconsin and having a
20    population in excess of 200,000 and not greater than 500,000.
21        "Recovered tax increment value" means the amount  of  the
22    current  year's  equalized  assessed value, in the first year
23    after a municipality terminates the designation of an area as
24    a redevelopment project area previously established under the
25    Tax Increment Allocation  Development  Act  in  the  Illinois
26    Municipal  Code,  previously established under the Industrial
27    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
28    previously  established  under  the Economic Development Area
29    Tax Increment Allocation Act, of  each  taxable  lot,  block,
30    tract,  or  parcel  of  real  property  in  the redevelopment
31    project area over and above the  initial  equalized  assessed
32    value  of  each  property  in the redevelopment project area.
33    For the taxes which are extended for the 1997 levy year,  the
34    recovered  tax  increment  value  for  a non-home rule taxing
 
                            -10-               LRB9101154EGfg
 1    district that first became subject to this Law for  the  1995
 2    levy  year  because a majority of its 1994 equalized assessed
 3    value  was  in  an  affected  county  or  counties  shall  be
 4    increased if a municipality terminated the designation of  an
 5    area  in  1993  as  a  redevelopment  project area previously
 6    established under the Tax  Increment  Allocation  Development
 7    Act  in  the  Illinois Municipal Code, previously established
 8    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
 9    Municipal  Code, or previously established under the Economic
10    Development Area Tax Increment Allocation Act, by  an  amount
11    equal  to  the  1994 equalized assessed value of each taxable
12    lot,  block,  tract,  or  parcel  of  real  property  in  the
13    redevelopment  project  area  over  and  above  the   initial
14    equalized   assessed   value   of   each   property   in  the
15    redevelopment project area.
16        Except as otherwise provided in this  Section,  "limiting
17    rate"  means  a  fraction  the numerator of which is the last
18    preceding aggregate extension base times an amount  equal  to
19    one plus the extension limitation defined in this Section and
20    the  denominator  of  which  is  the current year's equalized
21    assessed value of all real property in  the  territory  under
22    the jurisdiction of the taxing district during the prior levy
23    year.    For   those  taxing  districts  that  reduced  their
24    aggregate extension for the last  preceding  levy  year,  the
25    highest  aggregate  extension  in any of the last 3 preceding
26    levy years shall be used for the  purpose  of  computing  the
27    limiting   rate.   The  denominator  shall  not  include  new
28    property.  The denominator shall not  include  the  recovered
29    tax increment value.
30    (Source:  P.A.  89-1,  eff.  2-12-95;  89-138,  eff. 7-14-95;
31    89-385, eff.  8-18-95;  89-436,  eff.  1-1-96;  89-449,  eff.
32    6-1-96;  89-510,  eff.  7-11-96; 89-718, eff. 3-7-97; 90-485,
33    eff. 1-1-98;  90-511,  eff.  8-22-97;  90-568,  eff.  1-1-99;
34    90-616,   eff.   7-10-98;   90-655,   eff.  7-30-98;  revised
 
                            -11-               LRB9101154EGfg
 1    10-28-98.)

 2        Section 10.  The Counties Code  is  amended  by  changing
 3    Section 5-1062.1 as follows:

 4        (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
 5        Sec.  5-1062.1.   Stormwater management planning councils
 6    in Cook County.
 7        (a)  Stormwater management planning in Cook County  shall
 8    be  conducted  as  provided in Section 7h of the Metropolitan
 9    Water Reclamation District Act.  References in  this  Section
10    to  the  "District"  mean  the Metropolitan Water Reclamation
11    District of Greater Chicago.
12        The  purpose  of  this  Section  is  to  create  planning
13    councils,  organized  by  watershed,  to  contribute  to  the
14    stormwater  management  planning  process  by  advising   the
15    Metropolitan  Water  Reclamation  District of Greater Chicago
16    and representing the needs and interests of  the  members  of
17    the  public  and  the local governments included within their
18    respective watersheds. allow management and mitigation of the
19    effects  of  urbanization  on  stormwater  drainage  in  Cook
20    County, and  This Section applies only to Cook  County.    In
21    addition,  this Section is intended to improve stormwater and
22    floodplain management in Cook County by the following:
23             (1)  Setting minimum standards  for  floodplain  and
24        stormwater management.
25             (2)  Preparing   plans   for   the   management   of
26        floodplains   and   stormwater   runoff,   including  the
27        management of natural and man-made drainage ways.
28        (b)  The purpose of this Section shall be achieved by the
29    following:
30        (1)  Creating 6 Stormwater management  planning  councils
31    shall  be  formed  for each of the following according to the
32    established watersheds  of  the  Chicago  Metropolitan  Area:
 
                            -12-               LRB9101154EGfg
 1    North  Branch  Chicago  River, Lower Des Plaines Tributaries,
 2    Cal-Sag Channel, Little  Calumet  River,  Poplar  Creek,  and
 3    Upper  Salt  Creek.   In  addition,  a  stormwater management
 4    planning council shall be established for the combined  sewer
 5    areas  of  Cook  County.    Additional  stormwater management
 6    planning councils may be formed by  the  District  Stormwater
 7    Management  Planning  Committee  for  other watersheds within
 8    Cook County.
 9        Membership on the watershed councils shall consist of the
10    chief elected official, or his or  her  designee,  from  each
11    municipality  and  township within the watershed and the Cook
12    County  Board  President,  or  his  or   her   designee,   if
13    unincorporated   area   is  included  in  the  watershed.   A
14    municipality or township shall be a member of more  than  one
15    watershed   council  if  the  corporate  boundaries  of  that
16    municipality, or township extend entered into more  than  one
17    watershed,  or  if  the municipality or township is served in
18    part by separate sewers and combined sewers.
19        Subcommittees  of  the  stormwater  management   planning
20    councils   may   be  established  to  assist  the  stormwater
21    management  planning  councils  in  performing  their  duties
22    preparing and implementing a stormwater management plan.  The
23    councils may adopt bylaws to govern the  functioning  of  the
24    stormwater management councils and subcommittees.
25        (2)  Creating,    by   intergovernmental   agreement,   a
26    county-wide Stormwater Management Planning Committee with its
27    membership  consisting  of  the  Chairman  of  each  of   the
28    watershed   management   councils,   the  Cook  County  Board
29    President or his  designee,  and  the  Northeastern  Illinois
30    Planning Commission President or his designee.
31        (c)  (3)  The  principal duties of the watershed planning
32    councils shall be to advise the District on  the  development
33    and  implementation  of  the  countywide develop a stormwater
34    management plan with respect to  matters  relating  to  their
 
                            -13-               LRB9101154EGfg
 1    respective   watersheds  and  to  advise  and  represent  the
 2    concerns of for the watershed area and to recommend the  plan
 3    for  adoption  to  the  units  of  local  government  in  the
 4    watershed  area.   The councils shall meet at least quarterly
 5    and shall  hold  at  least  one  public  hearing  during  the
 6    preparation  of  the  plan.    Adoption of the watershed plan
 7    shall be by each municipality in the watershed and by vote of
 8    the County Board.
 9        (d) (4)  The District principal duty of  the  county-wide
10    Stormwater  Management  Planning Committee shall give careful
11    consideration to the  recommendations  and  concerns  of  the
12    watershed  planning councils throughout the planning process.
13    be to coordinate the 6 watershed plans as  developed  and  to
14    coordinate  the  planning process with the adjoining counties
15    to ensure that recommended stormwater projects will  have  no
16    significant   adverse  impact  on  the  levels  or  flows  of
17    stormwater in the inter-county watershed or on  the  capacity
18    of existing and planned stormwater retention facilities.  The
19    District  Committee  shall  identify  in  an annual published
20    report  steps  taken  by  the  District  to  accommodate  the
21    concerns  and  recommendations  of  the  watershed   planning
22    councils.  Committee  to  coordinate  the development of plan
23    recommendations with adjoining counties.  The Committee shall
24    also  publish  a  coordinated  stormwater  document  of   all
25    activity  in  the Cook County area and agreed upon stormwater
26    planning standards.
27        (5)  The stormwater management planning  committee  shall
28    submit the coordinated watershed plans to the Office of Water
29    Resources  of  the Department of Natural Resources and to the
30    Northeastern Illinois  Planning  Commission  for  review  and
31    recommendation.   The Office and the Commission, in reviewing
32    the plan, shall consider those factors as impact on the level
33    or flows in the rivers and streams and the cumulative effects
34    of  stormwater  discharges  on  flood  levels.   The   review
 
                            -14-               LRB9101154EGfg
 1    comments  and  recommendations  shall  be  submitted  to  the
 2    watershed councils for consideration.
 3        (e)  (6)  The  stormwater  management  planning  councils
 4    committee may recommend rules and regulations to the District
 5      watershed  councils  governing the location, width, course,
 6    and release rates of all stormwater runoff channels, streams,
 7    and basins in their respective watersheds the county.
 8        (f) (7)  The Northwest Municipal  Conference,  the  South
 9    Suburban  Mayors  and  Managers  Association,  and  the  West
10    Central  Municipal  Conference  shall  be responsible for the
11    coordination of the  planning  councils  created  under  this
12    Section.
13    (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)

14        Section  15.  The Metropolitan Water Reclamation District
15    Act is amended by adding Section 7h as follows:

16        (70 ILCS 2605/7h new)
17        Sec. 7h. Stormwater management.
18        (a)  Stormwater management in Cook County shall be  under
19    the general supervision of the Metropolitan Water Reclamation
20    District  of Greater Chicago.  The District has the authority
21    to plan, manage, implement, and finance  activities  relating
22    to  stormwater  management  in Cook County.  The authority of
23    the District with respect to  stormwater  management  extends
24    throughout  Cook  County  and  is  not  limited  to  the area
25    otherwise  within  the  territory  and  jurisdiction  of  the
26    District under this Act.
27        For the purposes of this Section,  the  term  "stormwater
28    management"  includes,  without limitation, the management of
29    floods and floodwaters.
30        (b)  The  District   may   utilize   the   resources   of
31    cooperating   local   watershed   councils   (including   the
32    stormwater management planning councils created under Section
 
                            -15-               LRB9101154EGfg
 1    5-1062.1   of   the   Counties   Code),   councils  of  local
 2    governments, the Northeastern Illinois  Planning  Commission,
 3    and  similar  organizations  and  agencies.  The District may
 4    provide those organizations and agencies with funding,  on  a
 5    contractual basis, for providing information to the District,
 6    providing  information  to  the  public,  or performing other
 7    activities related to stormwater management.
 8        The District may enter into agreements  with  responsible
 9    agencies   in   adjoining   counties   for   the  purpose  of
10    accommodating planning activities on a watershed basis.
11        The District may enter into intergovernmental  agreements
12    with  Cook County or other units of local government that are
13    located in whole or in part  outside  the  District  for  the
14    purpose  of  implementing  the stormwater management plan and
15    providing  stormwater  management  services  in   areas   not
16    included within the territory of the District.
17        (c)  The  District shall prepare and adopt by ordinance a
18    countywide stormwater management plan for Cook  County.   The
19    countywide   plan   may  incorporate  one  or  more  separate
20    watershed plans.
21        Prior to adopting the  countywide  stormwater  management
22    plan,  the  District  shall  hold at least one public hearing
23    thereon and shall afford interested persons an opportunity to
24    be heard.
25        (d)  The District may prescribe by  ordinance  reasonable
26    rules   and   regulations   for   floodplain  and  stormwater
27    management and for governing the location, width, course, and
28    release rate of all stormwater runoff channels, streams,  and
29    basins  in  Cook  County,  in  accordance  with  the  adopted
30    stormwater  management  plan.   These  rules  and regulations
31    shall, at  a  minimum,  meet  the  standards  for  floodplain
32    management  established  by  the Office of Water Resources of
33    the Department of Natural Resources and the  requirements  of
34    the  Federal Emergency Management Agency for participation in
 
                            -16-               LRB9101154EGfg
 1    the National Flood Insurance Program.
 2        (e)  The District may  impose  fees  on  new  development
 3    within  the  District  to  mitigate  the effects of increased
 4    stormwater runoff resulting from that new  development.   The
 5    fees  shall  not  exceed  the  cost  of satisfying the onsite
 6    stormwater retention or detention requirements of the adopted
 7    stormwater management  plan.   The  fees  shall  be  used  to
 8    finance  activities  undertaken  by  the District or units of
 9    local government within the District to mitigate the  effects
10    of  urban  stormwater runoff by providing regional stormwater
11    retention or detention facilities, as identified in the plan.
12    All such fees collected by the District shall be  held  in  a
13    separate fund.
14        (f)  For the purpose of implementing this Section and for
15    the  development,  design, planning, construction, operation,
16    and maintenance of stormwater facilities provided for in  the
17    stormwater management plan, the District may impose an annual
18    tax  to  be levied upon the taxable property in the District,
19    not exceeding 0.2% of the value, as equalized or assessed  by
20    the Department of Revenue, of that taxable property.  The tax
21    shall  be in addition to all other taxes authorized by law to
22    be levied and collected in the District.
23        The proceeds of any taxes imposed under  this  subsection
24    and  any  revenues  generated as a result of the ownership or
25    operation of facilities or land acquired with the proceeds of
26    taxes imposed under  this  subsection  shall  be  held  in  a
27    separate  fund  and used either for implementing this Section
28    or to abate those taxes.
29        (g)  The  District  may  plan,  implement,  finance,  and
30    operate stormwater management projects in accordance with the
31    adopted countywide stormwater management plan.
32        The District shall provide for public review and  comment
33    on  proposed  stormwater  management  projects.  The District
34    shall conform to State and  federal  requirements  concerning
 
                            -17-               LRB9101154EGfg
 1    public    information,    environmental    assessments,   and
 2    environmental impacts for projects receiving State or federal
 3    funds.
 4        The District may issue bonds under Section 9.6a  of  this
 5    Act   for   the  purpose  of  funding  stormwater  management
 6    projects.
 7        The District shall not use Cook  County  Forest  Preserve
 8    District  land  for  stormwater  or  flood  control  projects
 9    without the consent of the Forest Preserve District.
10        (h)  Upon  the  creation  and  implementation of a county
11    stormwater management plan, the  District  may  petition  the
12    circuit  court  to  dissolve  any  or  all drainage districts
13    created pursuant to the Illinois Drainage Code or predecessor
14    Acts that are located entirely within the District.
15        However, any active drainage district implementing a plan
16    that is consistent with and at  least  as  stringent  as  the
17    county  stormwater  management plan may petition the District
18    for exception from dissolution.  Upon filing of the petition,
19    the District shall set a date for hearing  not  less  than  2
20    weeks,  nor  more  than 4 weeks, from the filing thereof, and
21    the District shall give at least one  week's  notice  of  the
22    hearing  in  one  or  more  newspapers of general circulation
23    within the drainage district, and in addition shall  cause  a
24    copy  of  the notice to be personally served upon each of the
25    trustees of the  drainage  district.   At  the  hearing,  the
26    District  shall  hear  the  drainage  district's petition and
27    allow the  drainage  district  trustees  and  any  interested
28    parties  an opportunity to present oral and written evidence.
29    The District shall render its decision upon the petition  for
30    exception  from  dissolution based upon the best interests of
31    the residents of the drainage district.  In  the  event  that
32    the  exception is not allowed, the drainage district may file
33    a petition with the circuit  court  within  30  days  of  the
34    decision.   In that case, the notice and hearing requirements
 
                            -18-               LRB9101154EGfg
 1    for  the  court  shall  be  the  same  as  provided  in  this
 2    subsection for the petition to the District.  The court shall
 3    render its decision of whether to dissolve the district based
 4    upon the best interests of  the  residents  of  the  drainage
 5    district.
 6        The  dissolution  of a drainage district shall not affect
 7    the obligation of any bonds issued or contracts entered  into
 8    by  the drainage district nor invalidate the levy, extension,
 9    or collection of any taxes or special  assessments  upon  the
10    property  in  the former drainage district.  All property and
11    obligations of the former drainage district shall be  assumed
12    and  managed  by  the  District,  and the debts of the former
13    drainage district shall be discharged as soon as practicable.
14        If a  drainage  district  lies  only  partly  within  the
15    District,  the  District  may  petition  the circuit court to
16    disconnect from the drainage district  that  portion  of  the
17    drainage   district  that  lies  within  the  District.   The
18    property of the drainage  district  within  the  disconnected
19    area  shall  be  assumed  and  managed  by the District.  The
20    District  shall  also  assume  a  portion  of  the   drainage
21    district's  debt  at  the time of disconnection, based on the
22    portion of the value of the taxable property of the  drainage
23    district which is located within the area being disconnected.
24        A  drainage  district that continues to exist within Cook
25    County  shall  conform  its  operations  to  the   countywide
26    stormwater management plan.
27        (i)  The   District   may   assume   responsibility   for
28    maintaining any stream within Cook County.
29        (j)  The  District  may,  after 10 days written notice to
30    the owner or occupant, enter upon any lands or waters  within
31    the   county   for   the  purpose  of  inspecting  stormwater
32    facilities or causing the removal of any  obstruction  to  an
33    affected  watercourse.  The District shall be responsible for
34    any damages occasioned thereby.
 
                            -19-               LRB9101154EGfg
 1        (k)  The District shall report to the public annually  on
 2    its  activities  and  expenditures under this Section and the
 3    adopted countywide stormwater management plan.
 4        (l)  The  powers  granted  to  the  District  under  this
 5    Section are in addition to the  other  powers  granted  under
 6    this  Act.   This  Section  does  not limit the powers of the
 7    District under any other provision of this Act or  any  other
 8    law.
 9        (m)  This  Section  does  not affect the power or duty of
10    any unit of local government  to  take  actions  relating  to
11    flooding or stormwater, so long as those actions conform with
12    this  Section and the plans, rules, and ordinances adopted by
13    the District under this Section.
14        A home rule unit located in whole  or  in  part  in  Cook
15    County  may not regulate stormwater management or planning in
16    Cook County in a manner inconsistent with this Section or the
17    plans, rules, and ordinances adopted by  the  District  under
18    this  Section.   Pursuant  to  paragraph  (i) of Section 6 of
19    Article  VII  of  the  Illinois  Constitution,  this  Section
20    specifically denies and limits the exercise of any power that
21    is inconsistent with this Section by a home rule unit that is
22    a county with  a  population  of  1,500,000  or  more  or  is
23    located, in whole or in part, within such a county.

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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