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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; DuPage and Peoria | ||||||
8 | Counties. | ||||||
9 | (a) The purpose of this Section is to allow management and | ||||||
10 | mitigation of the effects of urbanization on stormwater | ||||||
11 | drainage in the metropolitan counties of DuPage and Peoria, and | ||||||
12 | references to "county" in this Section apply only to those | ||||||
13 | counties. This Section does not apply to a municipality that | ||||||
14 | only partially lies within one of these counties and, on the | ||||||
15 | effective date of this amendatory Act of the 98th General | ||||||
16 | Assembly, is served by an existing Section in the Counties Code | ||||||
17 | regarding stormwater management. The purpose of this Section | ||||||
18 | shall be achieved by: | ||||||
19 | (1) consolidating the existing stormwater management | ||||||
20 | framework into a
united, countywide structure; | ||||||
21 | (2) setting minimum standards for floodplain and | ||||||
22 | stormwater management;
and | ||||||
23 | (3) preparing a countywide plan for the management of |
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1 | stormwater runoff,
including the management of natural and | ||||||
2 | man-made drainageways. The countywide
plan may incorporate | ||||||
3 | watershed plans. | ||||||
4 | (b) A stormwater management planning committee may be | ||||||
5 | established by county board resolution, with its membership | ||||||
6 | consisting of equal numbers of county board and municipal | ||||||
7 | representatives from each county board district, and such other | ||||||
8 | members as may be determined by the county and municipal | ||||||
9 | members. If the county has more than 6 county board districts, | ||||||
10 | however, the county board may by ordinance divide the county | ||||||
11 | into not less than 6 areas of approximately equal population, | ||||||
12 | to be used instead of county board districts for the purpose of | ||||||
13 | determining representation on the stormwater management | ||||||
14 | planning committee. | ||||||
15 | The county board members shall be appointed by the chairman | ||||||
16 | of the county board. Municipal members from each county board | ||||||
17 | district or other represented area shall be appointed by a | ||||||
18 | majority vote of the mayors of those municipalities that have | ||||||
19 | the greatest percentage of their respective populations | ||||||
20 | residing in that county board district or other represented | ||||||
21 | area. All municipal and county board representatives shall be | ||||||
22 | entitled to a vote; the other members shall be nonvoting | ||||||
23 | members, unless authorized to vote by the unanimous consent of | ||||||
24 | the municipal and county board representatives. A municipality | ||||||
25 | that is located in more than one county may choose, at the time | ||||||
26 | of formation of the stormwater management planning committee |
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1 | and based on watershed boundaries, to participate in the | ||||||
2 | stormwater management planning program of either county. | ||||||
3 | Subcommittees of the stormwater management planning committee | ||||||
4 | may be established to serve a portion of the county or a | ||||||
5 | particular drainage basin that has similar stormwater | ||||||
6 | management needs. The stormwater management planning committee | ||||||
7 | shall adopt bylaws, by a majority vote of the county and | ||||||
8 | municipal members, to govern the functions of the committee and | ||||||
9 | its subcommittees. Officers of the committee shall include a | ||||||
10 | chair and vice chair, one of whom shall be a county | ||||||
11 | representative and one a municipal representative. | ||||||
12 | The principal duties of the committee shall be to develop a | ||||||
13 | stormwater management plan for presentation to and approval by | ||||||
14 | the county board, and to direct the plan's implementation and | ||||||
15 | revision. The committee may retain engineering, legal, and | ||||||
16 | financial advisors and inspection personnel. The committee | ||||||
17 | shall meet at least quarterly and shall hold at least one | ||||||
18 | public meeting during the preparation of the plan and prior to | ||||||
19 | its submittal to the county board. The committee may make | ||||||
20 | grants to units of local government that have adopted an | ||||||
21 | ordinance requiring actions consistent with the stormwater | ||||||
22 | management plan and to landowners for the purposes of | ||||||
23 | stormwater management, including special projects; use of the | ||||||
24 | grant money must be consistent with the stormwater management | ||||||
25 | plan. | ||||||
26 | The committee shall not have or exercise any power of |
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1 | eminent domain. | ||||||
2 | (c) In the preparation of a stormwater management plan, a | ||||||
3 | county stormwater management planning committee shall | ||||||
4 | coordinate the planning process with each adjoining county to | ||||||
5 | ensure that recommended stormwater projects will have no | ||||||
6 | significant impact on the levels or flows of stormwaters in | ||||||
7 | inter-county watersheds or on the capacity of existing and | ||||||
8 | planned stormwater retention facilities. An adopted stormwater | ||||||
9 | management plan shall identify steps taken by the county to | ||||||
10 | coordinate the development of plan recommendations with | ||||||
11 | adjoining counties. | ||||||
12 | (d) The stormwater management committee may not enforce any | ||||||
13 | rules or regulations that would interfere with (i) any power | ||||||
14 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
15 | operate, construct, maintain, or improve drainage systems or | ||||||
16 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
17 | systems used on or by land or a facility used for production | ||||||
18 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
19 | 105/), except newly constructed buildings and newly installed | ||||||
20 | impervious paved surfaces. Disputes regarding an exception | ||||||
21 | shall be determined by a mutually agreed upon arbitrator paid | ||||||
22 | by the disputing party or parties. | ||||||
23 | (e) Before the stormwater management planning committee | ||||||
24 | recommends to the county board a stormwater management plan for | ||||||
25 | the county or a portion thereof, it shall submit the plan to | ||||||
26 | the Office of Water Resources of the Department of Natural |
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1 | Resources for review and recommendations. The Office, in | ||||||
2 | reviewing the plan, shall consider such factors as impacts on | ||||||
3 | the levels or flows in rivers and streams and the cumulative | ||||||
4 | effects of stormwater discharges on flood levels. The Office of | ||||||
5 | Water Resources shall determine whether the plan or ordinances | ||||||
6 | enacted to implement the plan complies with the requirements of | ||||||
7 | subsection (f). Within a period not to exceed 60 days, the | ||||||
8 | review comments and recommendations shall be submitted to the | ||||||
9 | stormwater management planning committee for consideration. | ||||||
10 | Any amendments to the plan shall be submitted to the Office for | ||||||
11 | review. | ||||||
12 | (f) Prior to recommending the plan to the county board, the | ||||||
13 | stormwater management planning committee shall hold at least | ||||||
14 | one public hearing thereon and shall afford interested persons | ||||||
15 | an opportunity to be heard. The hearing shall be held in the | ||||||
16 | county seat. Notice of the hearing shall be published at least | ||||||
17 | once and no less than 15 days in advance of the hearing in a | ||||||
18 | newspaper of general circulation published in the county. The | ||||||
19 | notice shall state the time and place of the hearing and the | ||||||
20 | place where copies of the proposed plan will be accessible for | ||||||
21 | examination by interested parties. If an affected municipality | ||||||
22 | having a stormwater management plan adopted by ordinance wishes | ||||||
23 | to protest the proposed county plan provisions, it shall appear | ||||||
24 | at the hearing and submit in writing specific proposals to the | ||||||
25 | stormwater management planning committee. After consideration | ||||||
26 | of the matters raised at the hearing, the committee may amend |
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1 | or approve the plan and recommend it to the county board for | ||||||
2 | adoption. | ||||||
3 | The county board may enact the proposed plan by ordinance. | ||||||
4 | If the proposals for modification of the plan made by an | ||||||
5 | affected municipality having a stormwater management plan are | ||||||
6 | not included in the proposed county plan, and the municipality | ||||||
7 | affected by the plan opposes adoption of the county plan by | ||||||
8 | resolution of its corporate authorities, approval of the county | ||||||
9 | plan shall require an affirmative vote of at least two-thirds | ||||||
10 | of the county board members present and voting. If the county | ||||||
11 | board wishes to amend the county plan, it shall submit in | ||||||
12 | writing specific proposals to the stormwater management | ||||||
13 | planning committee. If the proposals are not approved by the | ||||||
14 | committee, or are opposed by resolution of the corporate | ||||||
15 | authorities of an affected municipality having a municipal | ||||||
16 | stormwater management plan, amendment of the plan shall require | ||||||
17 | an affirmative vote of at least two-thirds of the county board | ||||||
18 | members present and voting. | ||||||
19 | (g) The county board may prescribe by ordinance reasonable | ||||||
20 | rules and regulations for floodplain management and for | ||||||
21 | governing the location, width, course, and release rate of all | ||||||
22 | stormwater runoff channels, streams, and basins in the county, | ||||||
23 | in accordance with the adopted stormwater management plan. | ||||||
24 | Land, facilities, and drainage district facilities used for | ||||||
25 | production agriculture as defined in subsection (d) shall not | ||||||
26 | be subjected to regulation by the county board or stormwater |
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1 | management committee under this Section for floodplain | ||||||
2 | management and for governing location, width, course, | ||||||
3 | maintenance, and release rate of stormwater runoff channels, | ||||||
4 | streams and basins, or water discharged from a drainage | ||||||
5 | district. These rules and regulations shall, at a minimum, meet | ||||||
6 | the standards for floodplain management established by the | ||||||
7 | Office of Water Resources and the requirements of the Federal | ||||||
8 | Emergency Management Agency for participation in the National | ||||||
9 | Flood Insurance Program. With respect to DuPage County only, | ||||||
10 | the Chicago Metropolitan Agency for Planning may not impose | ||||||
11 | more stringent regulations regarding water quality on entities | ||||||
12 | discharging in accordance with a valid National Pollution | ||||||
13 | Discharge Elimination System permit issued under the | ||||||
14 | Environmental Protection Act. | ||||||
15 | (h) For the purpose of implementing this Section and for | ||||||
16 | the development, design, planning, construction, operation, | ||||||
17 | and maintenance of stormwater facilities provided for in the | ||||||
18 | adopted stormwater management plan, a county board that has | ||||||
19 | established a stormwater management planning committee | ||||||
20 | pursuant to this Section or has participated in a stormwater | ||||||
21 | management planning process may adopt a schedule of fees | ||||||
22 | applicable to all real property within the county which | ||||||
23 | benefits from the county's stormwater management facilities | ||||||
24 | and activities, and as may be necessary to mitigate the effects | ||||||
25 | of increased stormwater runoff resulting from development. The | ||||||
26 | total amount of the fees assessed must be specifically and |
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1 | uniquely attributable to the actual costs of the county in the | ||||||
2 | preparation, administration, and implementation of the adopted | ||||||
3 | stormwater management plan, construction and maintenance of | ||||||
4 | stormwater facilities, and other activities related to the | ||||||
5 | management of the runoff from the property. The individual fees | ||||||
6 | must be specifically and uniquely attributable to the portion | ||||||
7 | of the actual cost to the county of managing the runoff from | ||||||
8 | the property. The fees shall be used to finance activities | ||||||
9 | undertaken by the county or its included municipalities to | ||||||
10 | mitigate the effects of urban stormwater runoff by providing | ||||||
11 | and maintaining stormwater collection, retention, detention, | ||||||
12 | and particulate treatment facilities, and improving water | ||||||
13 | bodies impacted by stormwater runoff, as identified in the | ||||||
14 | county plan. In establishing, maintaining, or replacing such | ||||||
15 | facilities, the county shall not duplicate facilities operated | ||||||
16 | by other governmental bodies within its corporate boundaries. | ||||||
17 | The schedule of fees established by the county board shall | ||||||
18 | include a procedure for a full or partial fee waiver for | ||||||
19 | property owners who have taken actions or put in place | ||||||
20 | facilities that reduce or eliminate the cost to the county of | ||||||
21 | providing stormwater management services to their property. | ||||||
22 | The county board may also offer tax or fee rebates or incentive | ||||||
23 | payments to property owners who construct, maintain, and use | ||||||
24 | approved green infrastructure stormwater management devices or | ||||||
25 | any other methods that reduce or eliminate the cost to the | ||||||
26 | county of providing stormwater management services to the |
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1 | property, including but not limited to facilities that reduce | ||||||
2 | the volume, temperature, velocity, and pollutant load of the | ||||||
3 | stormwater managed by the county, such as systems that | ||||||
4 | infiltrate, evapotranspirate, or harvest stormwater for reuse, | ||||||
5 | known as "green infrastructure". In exercising this authority, | ||||||
6 | the county shall provide notice to the municipalities within | ||||||
7 | their jurisdictions of any fees proposed under this Section and | ||||||
8 | seek the input of each municipality with respect to the | ||||||
9 | calculation of the fees. The county shall also give property | ||||||
10 | owners at least 2 years' notice of the fee, during which time | ||||||
11 | the county shall provide education on green infrastructure | ||||||
12 | practices and an opportunity to take action to reduce or | ||||||
13 | eliminate the fee. All these fees collected by the county shall | ||||||
14 | be held in a separate fund, and shall be expended only in the | ||||||
15 | watershed within which they were collected. The county may | ||||||
16 | enter into intergovernmental agreements with other government | ||||||
17 | bodies for the joint administration of stormwater management | ||||||
18 | and the collection of the fees authorized in this Section. | ||||||
19 | A fee schedule authorized by this subsection must have the | ||||||
20 | same limit as the authorized stormwater tax. In Peoria County | ||||||
21 | only, the fee schedule shall not be adopted unless (i) a | ||||||
22 | referendum has been passed approving a stormwater tax as | ||||||
23 | provided in subsection (i) of this Section; or (ii) the | ||||||
24 | question of the adoption of a fee schedule with the same limit | ||||||
25 | as the authorized stormwater tax has been approved in a | ||||||
26 | referendum by a majority of those voting on the question. |
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1 | (i) In the alternative to a fee imposed under subsection | ||||||
2 | (h), the county board may cause an annual tax of not to exceed | ||||||
3 | 0.20% of the value, as equalized or assessed by the Department | ||||||
4 | of Revenue, of all taxable property in the county to be levied | ||||||
5 | upon all the taxable property in the county. The property tax | ||||||
6 | shall be in addition to all other taxes authorized by law to be | ||||||
7 | levied and collected in the county and shall be in addition to | ||||||
8 | the maximum tax rate authorized by law for general county | ||||||
9 | purposes. The 0.20% limitation provided in this Section may be | ||||||
10 | increased or decreased by referendum in accordance with the | ||||||
11 | provisions of Sections 18-120, 18-125, and 18-130 of the | ||||||
12 | Property Tax Code (35 ILCS 200/). | ||||||
13 | Any revenues generated as a result of ownership or | ||||||
14 | operation of facilities or land acquired with the tax funds | ||||||
15 | collected pursuant to this subsection shall be held in a | ||||||
16 | separate fund and be used either to abate such property tax or | ||||||
17 | for implementing this Section. | ||||||
18 | If at least part of the county has been declared by a | ||||||
19 | presidential proclamation after July 1, 1986 and before | ||||||
20 | December 31, 1987, to be a disaster area as a result of | ||||||
21 | flooding, the tax authorized by this subsection does not | ||||||
22 | require approval by referendum. However, in Peoria County, the | ||||||
23 | tax authorized by this subsection shall not be levied until the | ||||||
24 | question of its adoption, either for a specified period or | ||||||
25 | indefinitely, has been submitted to the electors thereof and | ||||||
26 | approved by a majority of those voting on the question. This |
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1 | question may be submitted at any election held in the county | ||||||
2 | 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. The county board shall certify the resolution and | ||||||
5 | proposition to the proper election officials, who shall submit | ||||||
6 | the proposition at an election in accordance with the general | ||||||
7 | election law. If a majority of the votes cast on the question | ||||||
8 | is in favor of the levy of the tax, it may thereafter be levied | ||||||
9 | in the county for the specified period or indefinitely, as | ||||||
10 | provided in the proposition. The question shall be put in | ||||||
11 | substantially the following form: | ||||||
12 | Shall an annual tax be levied
for stormwater management | ||||||
13 | purposes (for a period of not more than ..... years) at a | ||||||
14 | rate not exceeding
.....% of the equalized assessed
value | ||||||
15 | of the taxable property of ..... County? | ||||||
16 | Votes shall be recorded as Yes or No. | ||||||
17 | The following question may be submitted at any election | ||||||
18 | held in the county after the adoption of a resolution by the | ||||||
19 | county board providing for the submission of the question to | ||||||
20 | the electors of the county to authorize adoption of a schedule | ||||||
21 | of fees applicable to all real property within the county: | ||||||
22 | Shall the county board be authorized to adopt a | ||||||
23 | schedule of fees, at a rate not exceeding that of the | ||||||
24 | stormwater management tax, applicable to all real property | ||||||
25 | for preparation, administration, and implementation of an | ||||||
26 | adopted stormwater management plan, construction and |
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1 | maintenance of related facilities, and management of the | ||||||
2 | runoff from the property? | ||||||
3 | Votes shall be recorded as Yes or No. | ||||||
4 | If these questions have been approved by a majority of | ||||||
5 | those voting prior to the effective date of this amendatory Act | ||||||
6 | of the 98th General Assembly, this subsection does not apply. | ||||||
7 | (j) For those counties that adopt a property tax in | ||||||
8 | accordance with the provisions in this Section, the stormwater | ||||||
9 | management committee shall offer property tax abatements or | ||||||
10 | incentive payments to property owners who construct, maintain, | ||||||
11 | and use approved stormwater management devices. The stormwater | ||||||
12 | management committee is authorized to offer credits to the | ||||||
13 | property tax, if applicable, based on authorized practices | ||||||
14 | consistent with the stormwater management plan and approved by | ||||||
15 | the committee. Expenses of staff of a stormwater management | ||||||
16 | committee that are expended on regulatory project review may be | ||||||
17 | no more than 20% of the annual budget of the committee, | ||||||
18 | including funds raised under subsections (h) and (i). | ||||||
19 | (k) Upon the creation and implementation of a county | ||||||
20 | stormwater management
plan, the county may petition the circuit | ||||||
21 | court to dissolve any or all drainage
districts created | ||||||
22 | pursuant to the Illinois Drainage Code or predecessor Acts
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23 | which are located entirely within the area of the county | ||||||
24 | covered by the plan. | ||||||
25 | However, any active drainage district implementing a plan | ||||||
26 | that is
consistent with and at least as stringent as the county |
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1 | stormwater
management plan may petition the stormwater | ||||||
2 | management planning committee
for exception from dissolution. | ||||||
3 | Upon filing of the petition, the committee
shall set a date for | ||||||
4 | hearing not less than 2 weeks, nor more than 4 weeks,
from the | ||||||
5 | filing thereof, and the committee shall give at least one | ||||||
6 | week's
notice of the hearing in one or more newspapers of | ||||||
7 | general circulation
within the district, and in addition shall | ||||||
8 | cause a copy of the notice to be
personally served upon each of | ||||||
9 | the trustees of the district. At the
hearing, the committee | ||||||
10 | shall hear the district's petition and allow the
district | ||||||
11 | trustees and any interested parties an opportunity to present | ||||||
12 | oral
and written evidence. The committee shall render its | ||||||
13 | decision upon the
petition for exception from dissolution based | ||||||
14 | upon the best interests of
the residents of the district. In | ||||||
15 | the event that the exception is not
allowed, the district may | ||||||
16 | file a petition within 30 days of the decision
with the circuit | ||||||
17 | court. In that case, the notice and hearing requirements
for | ||||||
18 | the court shall be the same as herein provided for the | ||||||
19 | committee.
The court shall likewise render its decision of | ||||||
20 | whether to dissolve the
district based upon the best interests | ||||||
21 | of residents of the district. | ||||||
22 | The dissolution of any drainage district shall not affect | ||||||
23 | the obligation
of any bonds issued or contracts entered into by | ||||||
24 | the district nor
invalidate the levy, extension or collection | ||||||
25 | of any taxes or special
assessments upon the property in the | ||||||
26 | former drainage district. All property
and obligations of the |
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1 | former drainage district shall be assumed and
managed by the | ||||||
2 | county, and the debts of the former drainage district shall
be | ||||||
3 | discharged as soon as practicable. | ||||||
4 | If a drainage district lies only partly within a county | ||||||
5 | that adopts a
county stormwater management plan, the county may | ||||||
6 | petition the circuit
court to disconnect from the drainage | ||||||
7 | district that portion of the district
that lies within that | ||||||
8 | county. The property of the drainage district within the
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9 | disconnected area shall be assumed and managed by the county. | ||||||
10 | The county shall
also assume a portion of the drainage | ||||||
11 | district's debt at the time of
disconnection, based on the | ||||||
12 | portion of the value of the taxable property of the
drainage | ||||||
13 | district which is located within the area being disconnected. | ||||||
14 | The operations of any drainage district that continues to | ||||||
15 | exist in a
county that has adopted a stormwater management plan | ||||||
16 | in accordance with
this Section shall be in accordance with the | ||||||
17 | adopted plan. | ||||||
18 | (l) Any county that has adopted a county stormwater | ||||||
19 | management plan under this Section may, after 10 days written | ||||||
20 | notice receiving consent of the owner or occupant, enter upon | ||||||
21 | any lands or waters within the county for the purpose of | ||||||
22 | inspecting stormwater facilities or causing the removal of any | ||||||
23 | obstruction to an affected watercourse. If consent is denied or | ||||||
24 | cannot be reasonably obtained, the county ordinance shall | ||||||
25 | provide a process or procedure for an administrative warrant to | ||||||
26 | be obtained. The county shall be responsible for any damages |
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1 | occasioned thereby. | ||||||
2 | (m) Except as otherwise provided in subsection (a) of this | ||||||
3 | Section, upon petition of the municipality, and based on a | ||||||
4 | finding of the stormwater management planning committee, the | ||||||
5 | county shall not enforce rules and regulations adopted by the | ||||||
6 | county in any municipality located wholly or partly within the | ||||||
7 | county that has a municipal stormwater management ordinance | ||||||
8 | that is consistent with and at least as stringent as the county | ||||||
9 | plan and ordinance, and is being enforced by the municipal | ||||||
10 | authorities. On issues that the county ordinance is more | ||||||
11 | stringent as deemed by the committee, the county shall only | ||||||
12 | enforce rules and regulations adopted by the county on the more | ||||||
13 | stringent issues and accept municipal permits. The county shall | ||||||
14 | have no more than 60 days to review permits or the permits | ||||||
15 | shall be deemed approved. | ||||||
16 | (n) A county may issue general obligation bonds for | ||||||
17 | implementing any stormwater plan adopted under this Section in | ||||||
18 | the manner prescribed in Section 5-1012; except that the | ||||||
19 | referendum requirement of Section 5-1012 does not apply to | ||||||
20 | bonds issued pursuant to this Section on which the principal | ||||||
21 | and interest are to be paid entirely out of funds generated by | ||||||
22 | the taxes and fees authorized by this Section. | ||||||
23 | (o) A county that has adopted a fee schedule pursuant to | ||||||
24 | this Section may not thereafter issue any bond extensions | ||||||
25 | related to implementing a stormwater management plan. | ||||||
26 | (p) The powers authorized by this Section may be |
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1 | implemented by the county board for a portion of the county | ||||||
2 | subject to similar stormwater management needs. | ||||||
3 | (q) The powers and taxes authorized by this Section are in | ||||||
4 | addition to the powers and taxes authorized by Division 5-15; | ||||||
5 | in exercising its powers under this Section, a county shall not | ||||||
6 | be subject to the restrictions and requirements of that | ||||||
7 | Division. | ||||||
8 | (r) Stormwater management projects and actions related to | ||||||
9 | stormwater management in a county that has adopted a fee | ||||||
10 | schedule or tax pursuant to this Section prior to the effective | ||||||
11 | date of this amendatory Act of the 98th General Assembly are | ||||||
12 | not altered by this amendatory Act of the 98th General | ||||||
13 | Assembly.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law. |