Sen. David Koehler
Filed: 8/3/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 699
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 699 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 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 | ||||||
9 | mitigation of the effects of urbanization on stormwater | ||||||
10 | drainage in the metropolitan counties of Madison, St. Clair, | ||||||
11 | Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone | ||||||
12 | and references to "county" in this Section apply only to those | ||||||
13 | counties. This Section does not apply to counties in the | ||||||
14 | Northeastern Illinois Planning Commission that are granted | ||||||
15 | authorities in Section 5-1062. The purpose of this Section | ||||||
16 | shall be achieved by: |
| |||||||
| |||||||
1 | (1) Consolidating the existing stormwater management
| ||||||
2 | framework into a united, countywide structure. | ||||||
3 | (2) Setting minimum standards for floodplain and
| ||||||
4 | stormwater management. | ||||||
5 | (3) Preparing a countywide plan for the management
of | ||||||
6 | stormwater runoff, including the management of natural and | ||||||
7 | man-made drainageways. The countywide plan may incorporate | ||||||
8 | watershed plans. | ||||||
9 | (b) A stormwater management planning committee may be | ||||||
10 | established by county board resolution, with its membership | ||||||
11 | consisting of equal numbers of county board and municipal | ||||||
12 | representatives from each county board district, and such other | ||||||
13 | members as may be determined by the county and municipal | ||||||
14 | members. If the county has more than 6 county board districts, | ||||||
15 | however, the county board may by ordinance divide the county | ||||||
16 | into not less than 6 areas of approximately equal population, | ||||||
17 | to be used instead of county board districts for the purpose of | ||||||
18 | determining representation on the stormwater management | ||||||
19 | planning committee. | ||||||
20 | The county board members shall be appointed by the chairman | ||||||
21 | of the county board. Municipal members from each county board | ||||||
22 | district or other represented area shall be appointed by a | ||||||
23 | majority vote of the mayors of those municipalities that have | ||||||
24 | the greatest percentage of their respective populations | ||||||
25 | residing in that county board district or other represented | ||||||
26 | area. All municipal and county board representatives shall be |
| |||||||
| |||||||
1 | entitled to a vote; the other members shall be nonvoting | ||||||
2 | members, unless authorized to vote by the unanimous consent of | ||||||
3 | the municipal and county board representatives. A municipality | ||||||
4 | that is located in more than one county may choose, at the time | ||||||
5 | of formation of the stormwater management planning committee | ||||||
6 | and based on watershed boundaries, to participate in the | ||||||
7 | stormwater management planning program of either or both of the | ||||||
8 | counties. Subcommittees of the stormwater management planning | ||||||
9 | committee may be established to serve a portion of the county | ||||||
10 | or a particular drainage basin that has similar stormwater | ||||||
11 | management needs. The stormwater management planning committee | ||||||
12 | shall adopt bylaws, by a majority vote of the county and | ||||||
13 | municipal members, to govern the functions of the committee and | ||||||
14 | its subcommittees. Officers of the committee shall include a | ||||||
15 | chair and vice chair, one of whom shall be a county | ||||||
16 | representative and one a municipal representative. | ||||||
17 | The principal duties of the committee shall be to develop a | ||||||
18 | stormwater management plan for presentation to and approval by | ||||||
19 | the county board, and to direct the plan's implementation and | ||||||
20 | revision. The committee may retain engineering, legal, and | ||||||
21 | financial advisors and inspection personnel. The committee | ||||||
22 | shall meet at least quarterly and shall hold at least one | ||||||
23 | public meeting during the preparation of the plan and prior to | ||||||
24 | its submittal to the county board. The committee may make | ||||||
25 | grants to units of local government that have adopted an | ||||||
26 | ordinance requiring actions consistent with the stormwater |
| |||||||
| |||||||
1 | management plan and to landowners for the purposes of | ||||||
2 | stormwater management, including special projects; use of the | ||||||
3 | grant money must be consistent with the stormwater management | ||||||
4 | plan. | ||||||
5 | The committee shall not have or exercise any power of | ||||||
6 | eminent domain.
| ||||||
7 | (c) In the preparation of a stormwater management plan, a | ||||||
8 | county stormwater management planning committee shall | ||||||
9 | coordinate the planning process with each adjoining county to | ||||||
10 | ensure that recommended stormwater projects will have no | ||||||
11 | significant impact on the levels or flows of stormwaters in | ||||||
12 | inter-county watersheds or on the capacity of existing and | ||||||
13 | planned stormwater retention facilities. An adopted stormwater | ||||||
14 | management plan shall identify steps taken by the county to | ||||||
15 | coordinate the development of plan recommendations with | ||||||
16 | adjoining counties. | ||||||
17 | (d) The stormwater management committee may not enforce any | ||||||
18 | rules or regulations that would interfere with (i) any power | ||||||
19 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
20 | operate, construct, maintain, or improve drainage systems or | ||||||
21 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
22 | systems used on or by land or a facility used for production | ||||||
23 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
24 | 105/), except newly constructed buildings and newly installed | ||||||
25 | impervious paved surfaces. Disputes regarding an exception | ||||||
26 | shall be determined by a mutually agreed upon arbitrator paid |
| |||||||
| |||||||
1 | by the disputing party or parties. | ||||||
2 | (e) Before the stormwater management planning committee | ||||||
3 | recommends to the county board a stormwater management plan for | ||||||
4 | the county or a portion thereof, it shall submit the plan to | ||||||
5 | the Office of Water Resources of the Department of Natural | ||||||
6 | Resources for review and recommendations. The Office, in | ||||||
7 | reviewing the plan, shall consider such factors as impacts on | ||||||
8 | the levels or flows in rivers and streams and the cumulative | ||||||
9 | effects of stormwater discharges on flood levels. The Office of | ||||||
10 | Water Resources shall determine whether the plan or ordinances | ||||||
11 | enacted to implement the plan complies with the requirements of | ||||||
12 | subsection (f). Within a period not to exceed 60 days, the | ||||||
13 | review comments and recommendations shall be submitted to the | ||||||
14 | stormwater management planning committee for consideration. | ||||||
15 | Any amendments to the plan shall be submitted to the Office for | ||||||
16 | review. | ||||||
17 | (f) Prior to recommending the plan to the county board, the | ||||||
18 | stormwater management planning committee shall hold at least | ||||||
19 | one public hearing thereon and shall afford interested persons | ||||||
20 | an opportunity to be heard. The hearing shall be held in the | ||||||
21 | county seat. Notice of the hearing shall be published at least | ||||||
22 | once no less than 15 days in advance of the hearing in a | ||||||
23 | newspaper of general circulation published in the county. The | ||||||
24 | notice shall state the time and place of the hearing and the | ||||||
25 | place where copies of the proposed plan will be accessible for | ||||||
26 | examination by interested parties. If an affected municipality |
| |||||||
| |||||||
1 | having a stormwater management plan adopted by ordinance wishes | ||||||
2 | to protest the proposed county plan provisions, it shall appear | ||||||
3 | at the hearing and submit in writing specific proposals to the | ||||||
4 | stormwater management planning committee. After consideration | ||||||
5 | of the matters raised at the hearing, the committee may amend | ||||||
6 | or approve the plan and recommend it to the county board for | ||||||
7 | adoption. | ||||||
8 | The county board may enact the proposed plan by ordinance. | ||||||
9 | If the proposals for modification of the plan made by an | ||||||
10 | affected municipality having a stormwater management plan are | ||||||
11 | not included in the proposed county plan, and the municipality | ||||||
12 | affected by the plan opposes adoption of the county plan by | ||||||
13 | resolution of its corporate authorities, approval of the county | ||||||
14 | plan shall require an affirmative vote of at least two-thirds | ||||||
15 | of the county board members present and voting. If the county | ||||||
16 | board wishes to amend the county plan, it shall submit in | ||||||
17 | writing specific proposals to the stormwater management | ||||||
18 | planning committee. If the proposals are not approved by the | ||||||
19 | committee, or are opposed by resolution of the corporate | ||||||
20 | authorities of an affected municipality having a municipal | ||||||
21 | stormwater management plan, amendment of the plan shall require | ||||||
22 | an affirmative vote of at least two-thirds of the county board | ||||||
23 | members present and voting. | ||||||
24 | (g) The county board may prescribe by ordinance reasonable | ||||||
25 | rules and regulations for floodplain management and for | ||||||
26 | governing the location, width, course, and release rate of all |
| |||||||
| |||||||
1 | stormwater runoff channels, streams, and basins in the county, | ||||||
2 | in accordance with the adopted stormwater management plan. | ||||||
3 | Land, facilities, and drainage district facilities used for | ||||||
4 | production agriculture as defined in subsection (d) shall not | ||||||
5 | be subjected to regulation by the county board or stormwater | ||||||
6 | management committee under this Section for floodplain | ||||||
7 | management and for governing location, width, course, | ||||||
8 | maintenance, and release rate of stormwater runoff channels, | ||||||
9 | streams and basins, or water discharged from a drainage | ||||||
10 | district. These rules and regulations shall, at a minimum, meet | ||||||
11 | the standards for floodplain management established by the | ||||||
12 | Office of Water Resources and the requirements of the Federal | ||||||
13 | Emergency Management Agency for participation in the National | ||||||
14 | Flood Insurance Program. The Commission may not impose more | ||||||
15 | stringent regulations regarding water quality on entities | ||||||
16 | discharging in accordance with a valid National Pollution | ||||||
17 | Discharge Elimination System permit issued under the | ||||||
18 | Environmental Protection Act. | ||||||
19 | (h) In accordance with, and if recommended in, the adopted | ||||||
20 | stormwater management plan, the county board may adopt a | ||||||
21 | schedule of fees as may be necessary to mitigate the effects of | ||||||
22 | increased stormwater runoff resulting from new development
| ||||||
23 | based on actual costs. The fees shall not exceed the cost of | ||||||
24 | satisfying the onsite stormwater retention or detention | ||||||
25 | requirements of the adopted stormwater management plan. The | ||||||
26 | fees shall be used to finance activities undertaken by the |
| |||||||
| |||||||
1 | county or its included municipalities to mitigate the effects | ||||||
2 | of urban stormwater runoff by providing regional stormwater | ||||||
3 | retention or detention facilities, as identified in the county | ||||||
4 | plan. The county board shall provide for a credit or reduction | ||||||
5 | in fees for any onsite retention, detention, drainage district | ||||||
6 | assessments, or other similar stormwater facility that the | ||||||
7 | developer is required to construct consistent with the | ||||||
8 | stormwater management ordinance. Developers are exempt from | ||||||
9 | any fees under this Section if the new development satisfies | ||||||
10 | onsite retention or detention pursuant to any other local | ||||||
11 | ordinance addressing erosion, sediment, or stormwater control | ||||||
12 | and Illinois Environmental Protection Agency regulations that | ||||||
13 | place the development into compliance with the National | ||||||
14 | Pollutant Discharge Elimination System (NPDES) permit program | ||||||
15 | at the time of the dedication of public infrastructure. All | ||||||
16 | these fees collected by the county shall be held in a separate | ||||||
17 | fund, and shall be expended only in the watershed within which | ||||||
18 | they were collected. | ||||||
19 | (i) For the purpose of implementing this Section and for | ||||||
20 | the development, design, planning, construction, operation, | ||||||
21 | and maintenance of stormwater facilities provided for in the | ||||||
22 | stormwater management plan, a county board that has established | ||||||
23 | a stormwater management planning committee pursuant to this | ||||||
24 | Section may cause an annual tax of not to exceed 0.20% of the | ||||||
25 | value, as equalized or assessed by the Department of Revenue, | ||||||
26 | of all taxable property in the county to be levied upon all the |
| |||||||
| |||||||
1 | taxable property in the county or occupation and use taxes of | ||||||
2 | 1/10 of one cent. The property tax shall be in addition to all | ||||||
3 | other taxes authorized by law to be levied and collected in the | ||||||
4 | county and shall be in addition to the maximum tax rate | ||||||
5 | authorized by law for general county purposes. The 0.20% | ||||||
6 | limitation provided in this Section may be increased or | ||||||
7 | decreased by referendum in accordance with the provisions of | ||||||
8 | Sections 18-120, 18-125, and 18-130 of the Property Tax Code | ||||||
9 | (35 ILCS 200/). | ||||||
10 | Any revenues generated as a result of ownership or | ||||||
11 | operation of facilities or land acquired with the tax funds | ||||||
12 | collected pursuant to this subsection shall be held in a | ||||||
13 | separate fund and be used either to abate such property tax or | ||||||
14 | for implementing this Section. | ||||||
15 | However, the tax authorized by this subsection shall not be | ||||||
16 | levied until the question of its adoption, either for a | ||||||
17 | specified period or indefinitely, has been submitted to the | ||||||
18 | electors thereof and approved by a majority of those voting on | ||||||
19 | the question. This question may be submitted at any election | ||||||
20 | held in the county after the adoption of a resolution by the | ||||||
21 | county board providing for the submission of the question to | ||||||
22 | the electors of the county. The county board shall certify the | ||||||
23 | resolution and proposition to the proper election officials, | ||||||
24 | who shall submit the proposition at an election in accordance | ||||||
25 | with the general election law. If a majority of the votes cast | ||||||
26 | on the question is in favor of the levy of the tax, it may |
| |||||||
| |||||||
1 | thereafter be levied in the county for the specified period or | ||||||
2 | indefinitely, as provided in the proposition. The question | ||||||
3 | shall be put in substantially the following form: | ||||||
4 | Shall an annual tax be levied
for stormwater management | ||||||
5 | purposes (for a period of not more than ..... years) at a | ||||||
6 | rate not exceeding
.....% of the equalized assessed
value | ||||||
7 | of the taxable property of ..... County?
| ||||||
8 | Or this question may be submitted at any election held in the | ||||||
9 | county after the adoption of a resolution by the county board | ||||||
10 | providing for the submission of the question to the electors of | ||||||
11 | the county to authorize use and occupation taxes of 1/10 of one | ||||||
12 | cent: | ||||||
13 | Shall use and occupation taxes be raised for stormwater | ||||||
14 | management purposes (for a period of not more than ..... | ||||||
15 | years) at a rate of 1/10 of one cent for taxable goods in | ||||||
16 | ..... County? | ||||||
17 | Votes shall be recorded as Yes or No.
| ||||||
18 | (j) For those counties that adopt a property tax in | ||||||
19 | accordance with the provisions in this Section, the stormwater | ||||||
20 | management committee shall offer property tax abatements or | ||||||
21 | incentive payments to property owners who construct, maintain, | ||||||
22 | and use approved stormwater management devices. For those | ||||||
23 | counties that adopt use and occupation taxes in accordance with | ||||||
24 | the provisions of this Section, the stormwater management | ||||||
25 | committee may offer tax rebates or incentive payments to | ||||||
26 | property owners who construct, maintain, and use approved |
| |||||||
| |||||||
1 | stormwater management devices.
The stormwater management | ||||||
2 | committee is authorized to offer credits to the property tax, | ||||||
3 | if applicable, based on authorized practices consistent with | ||||||
4 | the stormwater management plan and approved by the committee. | ||||||
5 | Expenses of staff of a stormwater management committee that are | ||||||
6 | expended on regulatory project review may be no more than 20% | ||||||
7 | of the annual budget of the committee, including funds raised | ||||||
8 | under subsections (h) and (i). | ||||||
9 | (k) Any county that has adopted a county stormwater | ||||||
10 | management plan under this Section may, after 10 days written | ||||||
11 | notice receiving consent of the owner or occupant, enter upon | ||||||
12 | any lands or waters within the county for the purpose of | ||||||
13 | inspecting stormwater facilities or causing the removal of any | ||||||
14 | obstruction to an affected watercourse. If consent is denied or | ||||||
15 | cannot be reasonably obtained, the county ordinance shall | ||||||
16 | provide a process or procedure for an administrative warrant to | ||||||
17 | be obtained. The county shall be responsible for any damages | ||||||
18 | occasioned thereby. | ||||||
19 | (l) Upon petition of the municipality, and based on a | ||||||
20 | finding of the stormwater management planning committee, the | ||||||
21 | county shall not enforce rules and regulations adopted by the | ||||||
22 | county in any municipality located wholly or partly within the | ||||||
23 | county that has a municipal stormwater management ordinance | ||||||
24 | that is consistent with and at least as stringent as the county | ||||||
25 | plan and ordinance, and is being enforced by the municipal | ||||||
26 | authorities. On issues that the county ordinance is more |
| |||||||
| |||||||
1 | stringent as deemed by the committee, the county shall only | ||||||
2 | enforce rules and regulations adopted by the county on the more | ||||||
3 | stringent issues and accept municipal permits. The county shall | ||||||
4 | have no more than 60 days to review permits or the permits | ||||||
5 | shall be deemed approved. | ||||||
6 | (m) A county may issue general obligation bonds for | ||||||
7 | implementing any stormwater plan adopted under this Section in | ||||||
8 | the manner prescribed in Section 5-1012; except that the | ||||||
9 | referendum requirement of Section 5-1012 does not apply to | ||||||
10 | bonds issued pursuant to this Section on which the principal | ||||||
11 | and interest are to be paid entirely out of funds generated by | ||||||
12 | the taxes and fees authorized by this Section. | ||||||
13 | (n) The powers authorized by this Section may be | ||||||
14 | implemented by the county board for a portion of the county | ||||||
15 | subject to similar stormwater management needs. | ||||||
16 | (o) The powers and taxes authorized by this Section are in | ||||||
17 | addition to the powers and taxes authorized by Division 5-15; | ||||||
18 | in exercising its powers under this Section, a county shall not | ||||||
19 | be subject to the restrictions and requirements of that | ||||||
20 | Division.
| ||||||
21 | (Source: P.A. 94-675, eff. 8-23-05.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|