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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 adding Section | ||||||
5 | 5-1062.3 as follows: | ||||||
6 | (55 ILCS 5/5-1062.3 new) | ||||||
7 | Sec. 5-1062.3. Stormwater management; Peoria. | ||||||
8 | (a) The purpose of this Section is to allow management and | ||||||
9 | mitigation of the effects of urbanization on stormwater | ||||||
10 | drainage in Peoria County and references to "county" in this | ||||||
11 | Section apply only to that county. The purpose of this Section | ||||||
12 | shall be achieved by: | ||||||
13 | (1) Consolidating the existing stormwater management
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14 | framework into a united, countywide structure. | ||||||
15 | (2) Setting minimum standards for floodplain and
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16 | stormwater management. | ||||||
17 | (3) Preparing a countywide plan for the management
of | ||||||
18 | stormwater runoff, including the management of natural and | ||||||
19 | man-made drainageways. The countywide plan may incorporate | ||||||
20 | watershed plans. | ||||||
21 | (b) A stormwater management planning committee may be | ||||||
22 | established by county board resolution, with its membership | ||||||
23 | consisting of equal numbers of county board and municipal |
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1 | representatives from each county board district, and such other | ||||||
2 | members as may be determined by the county and municipal | ||||||
3 | members. The county board may by ordinance divide the county | ||||||
4 | into not less than 6 areas of approximately equal population, | ||||||
5 | to be used instead of county board districts for the purpose of | ||||||
6 | determining representation on the stormwater management | ||||||
7 | planning committee. | ||||||
8 | The county board members shall be appointed by the chairman | ||||||
9 | of the county board. Municipal members from each county board | ||||||
10 | district or other represented area shall be appointed by a | ||||||
11 | majority vote of the mayors of those municipalities that have | ||||||
12 | the greatest percentage of their respective populations | ||||||
13 | residing in that county board district or other represented | ||||||
14 | area. All municipal and county board representatives shall be | ||||||
15 | entitled to a vote; the other members shall be nonvoting | ||||||
16 | members, unless authorized to vote by the unanimous consent of | ||||||
17 | the municipal and county board representatives. A municipality | ||||||
18 | that is located in more than one county may choose, at the time | ||||||
19 | of formation of the stormwater management planning committee | ||||||
20 | and based on watershed boundaries, to participate in the | ||||||
21 | stormwater management planning program of either or both of the | ||||||
22 | counties. Subcommittees of the stormwater management planning | ||||||
23 | committee may be established to serve a portion of the county | ||||||
24 | or a particular drainage basin that has similar stormwater | ||||||
25 | management needs. The stormwater management planning committee | ||||||
26 | shall adopt bylaws, by a majority vote of the county and |
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1 | municipal members, to govern the functions of the committee and | ||||||
2 | its subcommittees. Officers of the committee shall include a | ||||||
3 | chair and vice chair, one of whom shall be a county | ||||||
4 | representative and one a municipal representative. | ||||||
5 | The principal duties of the committee shall be to develop a | ||||||
6 | stormwater management plan for presentation to and approval by | ||||||
7 | the county board, and to direct the plan's implementation and | ||||||
8 | revision. The committee may retain engineering, legal, and | ||||||
9 | financial advisors and inspection personnel. The committee | ||||||
10 | shall meet at least quarterly and shall hold at least one | ||||||
11 | public meeting during the preparation of the plan and prior to | ||||||
12 | its submittal to the county board. The committee may make | ||||||
13 | grants to units of local government that have adopted an | ||||||
14 | ordinance requiring actions consistent with the stormwater | ||||||
15 | management plan and to landowners for the purposes of | ||||||
16 | stormwater management, including special projects; use of the | ||||||
17 | grant money must be consistent with the stormwater management | ||||||
18 | plan. | ||||||
19 | The committee shall not have or exercise any power of | ||||||
20 | eminent domain. | ||||||
21 | (c) In the preparation of a stormwater management plan, a | ||||||
22 | county stormwater management planning committee shall | ||||||
23 | coordinate the planning process with each adjoining county to | ||||||
24 | ensure that recommended stormwater projects will have no | ||||||
25 | significant impact on the levels or flows of stormwaters in | ||||||
26 | inter-county watersheds or on the capacity of existing and |
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1 | planned stormwater retention facilities. An adopted stormwater | ||||||
2 | management plan shall identify steps taken by the county to | ||||||
3 | coordinate the development of plan recommendations with | ||||||
4 | adjoining counties. | ||||||
5 | (d) The stormwater management committee may not enforce any | ||||||
6 | rules or regulations that would interfere with (i) any power | ||||||
7 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
8 | operate, construct, maintain, or improve drainage systems or | ||||||
9 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
10 | systems used on or by land or a facility used for production | ||||||
11 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
12 | 105/), except newly constructed buildings and newly installed | ||||||
13 | impervious paved surfaces. Disputes regarding an exception | ||||||
14 | shall be determined by a mutually agreed upon arbitrator paid | ||||||
15 | by the disputing party or parties. | ||||||
16 | (e) Before the stormwater management planning committee | ||||||
17 | recommends to the county board a stormwater management plan for | ||||||
18 | the county or a portion thereof, it shall submit the plan to | ||||||
19 | the Office of Water Resources of the Department of Natural | ||||||
20 | Resources for review and recommendations. The Office, in | ||||||
21 | reviewing the plan, shall consider such factors as impacts on | ||||||
22 | the levels or flows in rivers and streams and the cumulative | ||||||
23 | effects of stormwater discharges on flood levels. The Office of | ||||||
24 | Water Resources shall determine whether the plan or ordinances | ||||||
25 | enacted to implement the plan complies with the requirements of | ||||||
26 | subsection (f). Within a period not to exceed 60 days, the |
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1 | review comments and recommendations shall be submitted to the | ||||||
2 | stormwater management planning committee for consideration. | ||||||
3 | Any amendments to the plan shall be submitted to the Office for | ||||||
4 | review. | ||||||
5 | (f) Prior to recommending the plan to the county board, the | ||||||
6 | stormwater management planning committee shall hold at least | ||||||
7 | one public hearing thereon and shall afford interested persons | ||||||
8 | an opportunity to be heard. The hearing shall be held in the | ||||||
9 | county seat. Notice of the hearing shall be published at least | ||||||
10 | once no less than 15 days in advance of the hearing in a | ||||||
11 | newspaper of general circulation published in the county. The | ||||||
12 | notice shall state the time and place of the hearing and the | ||||||
13 | place where copies of the proposed plan will be accessible for | ||||||
14 | examination by interested parties. If an affected municipality | ||||||
15 | having a stormwater management plan adopted by ordinance wishes | ||||||
16 | to protest the proposed county plan provisions, it shall appear | ||||||
17 | at the hearing and submit in writing specific proposals to the | ||||||
18 | stormwater management planning committee. After consideration | ||||||
19 | of the matters raised at the hearing, the committee may amend | ||||||
20 | or approve the plan and recommend it to the county board for | ||||||
21 | adoption. | ||||||
22 | The county board may enact the proposed plan by ordinance. | ||||||
23 | If the proposals for modification of the plan made by an | ||||||
24 | affected municipality having a stormwater management plan are | ||||||
25 | not included in the proposed county plan, and the municipality | ||||||
26 | affected by the plan opposes adoption of the county plan by |
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1 | resolution of its corporate authorities, approval of the county | ||||||
2 | plan shall require an affirmative vote of at least two-thirds | ||||||
3 | of the county board members present and voting. If the county | ||||||
4 | board wishes to amend the county plan, it shall submit in | ||||||
5 | writing specific proposals to the stormwater management | ||||||
6 | planning committee. If the proposals are not approved by the | ||||||
7 | committee, or are opposed by resolution of the corporate | ||||||
8 | authorities of an affected municipality having a municipal | ||||||
9 | stormwater management plan, amendment of the plan shall require | ||||||
10 | an affirmative vote of at least two-thirds of the county board | ||||||
11 | members present and voting. | ||||||
12 | (g) The county board may prescribe by ordinance reasonable | ||||||
13 | rules and regulations for floodplain management and for | ||||||
14 | governing the location, width, course, and release rate of all | ||||||
15 | stormwater runoff channels, streams, and basins in the county, | ||||||
16 | in accordance with the adopted stormwater management plan. | ||||||
17 | Land, facilities, and drainage district facilities used for | ||||||
18 | production agriculture as defined in subsection (d) shall not | ||||||
19 | be subjected to regulation by the county board or stormwater | ||||||
20 | management committee under this Section for floodplain | ||||||
21 | management and for governing location, width, course, | ||||||
22 | maintenance, and release rate of stormwater runoff channels, | ||||||
23 | streams and basins, or water discharged from a drainage | ||||||
24 | district. These rules and regulations shall, at a minimum, meet | ||||||
25 | the standards for floodplain management established by the | ||||||
26 | Office of Water Resources and the requirements of the Federal |
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1 | Emergency Management Agency for participation in the National | ||||||
2 | Flood Insurance Program. The Commission may not impose more | ||||||
3 | stringent regulations regarding water quality on entities | ||||||
4 | discharging in accordance with a valid National Pollution | ||||||
5 | Discharge Elimination System permit issued under the | ||||||
6 | Environmental Protection Act. | ||||||
7 | (h) In accordance with, and if recommended in, the adopted | ||||||
8 | stormwater management plan, the county board may adopt a | ||||||
9 | schedule of fees as may be necessary to mitigate the effects of | ||||||
10 | stormwater runoff based on actual costs. The fees shall not | ||||||
11 | exceed the cost of satisfying the onsite stormwater retention | ||||||
12 | or detention requirements of the adopted stormwater management | ||||||
13 | plan. The fees shall be used to finance activities undertaken | ||||||
14 | by the county or its included municipalities to mitigate the | ||||||
15 | effects of urban stormwater runoff by providing regional | ||||||
16 | stormwater retention or detention facilities, as identified in | ||||||
17 | the county plan. The county board shall provide for a credit or | ||||||
18 | reduction in fees for any onsite retention, detention, drainage | ||||||
19 | district assessments, or other similar stormwater facility | ||||||
20 | consistent with the stormwater management ordinance. | ||||||
21 | Developers are exempt from any fees under this Section if the | ||||||
22 | new development satisfies onsite retention or detention | ||||||
23 | pursuant to any other local ordinance addressing erosion, | ||||||
24 | sediment, or stormwater control and Illinois Environmental | ||||||
25 | Protection Agency regulations that place the development into | ||||||
26 | compliance with the National Pollutant Discharge Elimination |
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1 | System (NPDES) permit program at the time of the dedication of | ||||||
2 | public infrastructure. All these fees collected by the county | ||||||
3 | shall be held in a separate fund, and shall be expended only in | ||||||
4 | the watershed within which they were collected. | ||||||
5 | (i) For the purpose of implementing this Section and for | ||||||
6 | the development, design, planning, construction, operation, | ||||||
7 | and maintenance of stormwater facilities provided for in the | ||||||
8 | stormwater management plan, a county board that has established | ||||||
9 | a stormwater management planning committee pursuant to this | ||||||
10 | Section may cause an annual tax of not to exceed 0.20% of the | ||||||
11 | value, as equalized or assessed by the Department of Revenue, | ||||||
12 | of all taxable property in the county to be levied upon all the | ||||||
13 | taxable property in the county or occupation and use taxes of | ||||||
14 | 1/10 of one cent. The property tax shall be in addition to all | ||||||
15 | other taxes authorized by law to be levied and collected in the | ||||||
16 | county and shall be in addition to the maximum tax rate | ||||||
17 | authorized by law for general county purposes. The 0.20% | ||||||
18 | limitation provided in this Section may be increased or | ||||||
19 | decreased by referendum in accordance with the provisions of | ||||||
20 | Sections 18-120, 18-125, and 18-130 of the Property Tax Code | ||||||
21 | (35 ILCS 200/). | ||||||
22 | Any revenues generated as a result of ownership or | ||||||
23 | operation of facilities or land acquired with the tax funds | ||||||
24 | collected pursuant to this subsection shall be held in a | ||||||
25 | separate fund and be used either to abate such property tax or | ||||||
26 | for implementing this Section. |
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1 | However, the tax authorized by this subsection shall not be | ||||||
2 | levied until the question of its adoption, either for a | ||||||
3 | specified period or indefinitely, has been submitted to the | ||||||
4 | electors thereof and approved by a majority of those voting on | ||||||
5 | the question. This question may be submitted at any election | ||||||
6 | held in the county after the adoption of a resolution by the | ||||||
7 | county board providing for the submission of the question to | ||||||
8 | the electors of the county. The county board shall certify the | ||||||
9 | resolution and proposition to the proper election officials, | ||||||
10 | who shall submit the proposition at an election in accordance | ||||||
11 | with the general election law. If a majority of the votes cast | ||||||
12 | on the question is in favor of the levy of the tax, it may | ||||||
13 | thereafter be levied in the county for the specified period or | ||||||
14 | indefinitely, as provided in the proposition. The question | ||||||
15 | shall be put in substantially the following form: | ||||||
16 | Shall an annual tax be levied
for stormwater management | ||||||
17 | purposes (for a period of not more than ..... years) at a | ||||||
18 | rate not exceeding
.....% of the equalized assessed
value | ||||||
19 | of the taxable property of Peoria County? | ||||||
20 | Or this question may be submitted at any election held in the | ||||||
21 | county after the adoption of a resolution by the county board | ||||||
22 | providing for the submission of the question to the electors of | ||||||
23 | the county to authorize use and occupation taxes of 1/10 of one | ||||||
24 | cent: | ||||||
25 | Shall use and occupation taxes be raised for stormwater | ||||||
26 | management purposes (for a period of not more than ..... |
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1 | years) at a rate of 1/10 of one cent for taxable goods in | ||||||
2 | Peoria County? | ||||||
3 | Votes shall be recorded as Yes or No. | ||||||
4 | (j) If the county adopts a property tax in accordance with | ||||||
5 | the provisions in this Section, the stormwater management | ||||||
6 | committee shall offer property tax abatements or incentive | ||||||
7 | payments to property owners who construct, maintain, and use | ||||||
8 | approved stormwater management devices. If the county adopts | ||||||
9 | use and occupation taxes in accordance with the provisions of | ||||||
10 | this Section, the stormwater management committee may offer tax | ||||||
11 | rebates or incentive payments to property owners who construct, | ||||||
12 | maintain, and use approved stormwater management devices.
The | ||||||
13 | stormwater management committee is authorized to offer credits | ||||||
14 | to the property tax, if applicable, based on authorized | ||||||
15 | practices consistent with the stormwater management plan and | ||||||
16 | approved by the committee. Expenses of staff of a stormwater | ||||||
17 | management committee that are expended on regulatory project | ||||||
18 | review may be no more than 20% of the annual budget of the | ||||||
19 | committee, including funds raised under subsections (h) and | ||||||
20 | (i). | ||||||
21 | (k) If the county has adopted a county stormwater | ||||||
22 | management plan under this Section it may, after 10 days | ||||||
23 | written notice receiving consent of the owner or occupant, | ||||||
24 | enter upon any lands or waters within the county for the | ||||||
25 | purpose of inspecting stormwater facilities or causing the | ||||||
26 | removal of any obstruction to an affected watercourse. If |
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1 | consent is denied or cannot be reasonably obtained, the county | ||||||
2 | ordinance shall provide a process or procedure for an | ||||||
3 | administrative warrant to be obtained. The county shall be | ||||||
4 | responsible for any damages occasioned thereby. | ||||||
5 | (l) Upon petition of the municipality, and based on a | ||||||
6 | finding of the stormwater management planning committee, the | ||||||
7 | county shall not enforce rules and regulations adopted by the | ||||||
8 | county in any municipality located wholly or partly within the | ||||||
9 | county that has a municipal stormwater management ordinance | ||||||
10 | that is consistent with and at least as stringent as the county | ||||||
11 | plan and ordinance, and is being enforced by the municipal | ||||||
12 | authorities. On issues that the county ordinance is more | ||||||
13 | stringent as deemed by the committee, the county shall only | ||||||
14 | enforce rules and regulations adopted by the county on the more | ||||||
15 | stringent issues and accept municipal permits. The county shall | ||||||
16 | have no more than 60 days to review permits or the permits | ||||||
17 | shall be deemed approved. | ||||||
18 | (m) The county may issue general obligation bonds for | ||||||
19 | implementing any stormwater plan adopted under this Section in | ||||||
20 | the manner prescribed in Section 5-1012; except that the | ||||||
21 | referendum requirement of Section 5-1012 does not apply to | ||||||
22 | bonds issued pursuant to this Section on which the principal | ||||||
23 | and interest are to be paid entirely out of funds generated by | ||||||
24 | the taxes and fees authorized by this Section. | ||||||
25 | (n) The powers authorized by this Section may be | ||||||
26 | implemented by the county board for a portion of the county |
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1 | subject to similar stormwater management needs. | ||||||
2 | (o) The powers and taxes authorized by this Section are in | ||||||
3 | addition to the powers and taxes authorized by Division 5-15; | ||||||
4 | in exercising its powers under this Section, a county shall not | ||||||
5 | be subject to the restrictions and requirements of that | ||||||
6 | Division. | ||||||
7 | Notwithstanding any other rulemaking authority that may | ||||||
8 | exist, neither the Governor nor any agency or agency head under | ||||||
9 | the jurisdiction of the Governor has any authority to make or | ||||||
10 | promulgate rules to implement or enforce the provisions of this | ||||||
11 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
12 | Governor believes that rules are necessary to implement or | ||||||
13 | enforce the provisions of this amendatory Act of the 95th | ||||||
14 | General Assembly, the Governor may suggest rules to the General | ||||||
15 | Assembly by filing them with the Clerk of the House and the | ||||||
16 | Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
24 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
25 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
26 | are given the meanings contained in Sections 1-20 and 1-25 of |
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1 | the Illinois Administrative Procedure Act to the extent that | ||||||
2 | such definitions apply to agencies or agency heads under the | ||||||
3 | jurisdiction of the Governor.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law. |