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