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Sen. William R. Haine
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 1910
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| AMENDMENT NO. ______. Amend Senate Bill 1910 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by adding Section |
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| 5-1062.2 as follows: |
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| (55 ILCS 5/5-1062.2 new) |
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| Sec. 5-1062.2. Stormwater management. |
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| (a) The purpose of this Section is to allow management and |
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| mitigation of the effects of urbanization on stormwater |
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| drainage in metropolitan counties located in the area served by |
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| the Southwestern Illinois Metropolitan and Regional Planning |
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| Commission and the Counties of Kankakeee, Grundy, LaSalle, |
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| DeKalb, Kendall, Boone, and Winnebago and references to |
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| "county" in this Section apply only to those counties. This |
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| Section does not apply to counties in the Northeastern Illinois |
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| Planning Commission that are granted authorities in Section |
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| 5-1062. The purpose of this Section shall be achieved by: |
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| (1) Consolidating the existing stormwater management
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| framework into a united, countywide structure. |
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| (2) Setting minimum standards for floodplain and
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| stormwater management. |
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| (3) Preparing a countywide plan for the management
of |
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| stormwater runoff, including the management of natural and |
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| man-made drainageways. The countywide plan may incorporate |
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| watershed plans. |
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| (b) A stormwater management planning committee may be |
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| established by county board resolution, with its membership |
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| consisting of equal numbers of county board and municipal |
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| representatives from each county board district, and such other |
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| members as may be determined by the county and municipal |
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| members. If the county has more than 6 county board districts, |
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| however, the county board may by ordinance divide the county |
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| into not less than 6 areas of approximately equal population, |
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| to be used instead of county board districts for the purpose of |
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| determining representation on the stormwater management |
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| planning committee. |
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| The county board members shall be appointed by the chairman |
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| of the county board. Municipal members from each county board |
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| district or other represented area shall be appointed by a |
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| majority vote of the mayors of those municipalities that have |
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| the greatest percentage of their respective populations |
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| residing in that county board district or other represented |
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| area. All municipal and county board representatives shall be |
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| entitled to a vote; the other members shall be nonvoting |
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| members, unless authorized to vote by the unanimous consent of |
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| the municipal and county board representatives. A municipality |
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| that is located in more than one county may choose, at the time |
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| of formation of the stormwater management planning committee |
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| and based on watershed boundaries, to participate in the |
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| stormwater management planning program of either or both of the |
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| counties. Subcommittees of the stormwater management planning |
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| committee may be established to serve a portion of the county |
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| or a particular drainage basin that has similar stormwater |
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| management needs. The stormwater management planning committee |
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| shall adopt by-laws, by a majority vote of the county and |
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| municipal members, to govern the functions of the committee and |
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| its subcommittees. Officers of the committee shall include a |
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| chair and vice chair, one of whom shall be a county |
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| representative and one a municipal representative. |
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| The principal duties of the committee shall be to develop a |
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| stormwater management plan for presentation to and approval by |
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| the county board, and to direct the plan's implementation and |
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| revision. The committee may retain engineering, legal, and |
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| financial advisors and inspection personnel. The committee |
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| shall meet at least quarterly and shall hold at least one |
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| public meeting during the preparation of the plan and prior to |
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| its submittal to the county board. The committee may make |
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| grants to units of local government and landowners for the |
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| purposes of stormwater management; grants must be consistent |
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| with the stormwater management plan. |
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| The committee shall not have or exercise any power of |
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| eminent domain.
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| (c) In the preparation of a stormwater management plan, a |
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| county stormwater management planning committee shall |
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| coordinate the planning process with each adjoining county to |
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| ensure that recommended stormwater projects will have no |
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| significant impact on the levels or flows of stormwaters in |
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| inter-county watersheds or on the capacity of existing and |
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| planned stormwater retention facilities. An adopted stormwater |
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| management plan shall identify steps taken by the county to |
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| coordinate the development of plan recommendations with |
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| adjoining counties. |
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| (d) The Stormwater Management Committee may not enforce any |
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| rules or regulations that would interfere with (i) any power |
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| granted by the Illinois Drainage Code to operate, construct, |
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| maintain, or improve drainage systems or (ii) the ability to |
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| operate, maintain, or improve the drainage systems used on or |
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| by land or a facility used for production agriculture purposes, |
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| as defined in Section 3-35 of the Use Tax Act, except newly |
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| constructed buildings and newly installed impervious surfaces. |
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| New buildings and pavement shall not be exempt from stormwater |
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| management. Disputes regarding the exemption shall be |
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| determined by a mutually agreed upon arbitrator paid by the |
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| disputing party or parties. |
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| (e) Before the stormwater management planning committee |
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| recommends to the county board a stormwater management plan for |
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| the county or a portion thereof, it shall submit the plan to |
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| the Office of Water Resources of the Department of Natural |
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| Resources for review and recommendations. The Office, in |
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| reviewing the plan, shall consider such factors as impacts on |
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| the levels or flows in rivers and streams and the cumulative |
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| effects of stormwater discharges on flood levels. The Office of |
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| Water Resources shall determine whether the plan or ordinances |
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| enacted to implement the plan complies with the requirements of |
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| subsection (f). Within a period not to exceed 60 days, the |
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| review comments and recommendations shall be submitted to the |
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| stormwater management planning committee for consideration. |
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| Any amendments to the plan shall be submitted to the Office for |
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| review. |
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| (f) Prior to recommending the plan to the county board, the |
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| stormwater management planning committee shall hold at least |
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| one public hearing thereon and shall afford interested persons |
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| an opportunity to be heard. The hearing shall be held in the |
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| county seat. Notice of the hearing shall be published at least |
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| once no less than 15 days in advance thereof in a newspaper of |
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| general circulation published in the county. The notice shall |
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| state the time and place of the hearing and the place where |
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| copies of the proposed plan will be accessible for examination |
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| by interested parties. If an affected municipality having a |
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| stormwater management plan adopted by ordinance wishes to |
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| protest the proposed county plan provisions, it shall appear at |
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| the hearing and submit in writing specific proposals to the |
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| stormwater management planning committee. After consideration |
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| of the matters raised at the hearing, the committee may amend |
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| or approve the plan and recommend it to the county board for |
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| adoption. |
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| The county board may enact the proposed plan by ordinance. |
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| If the proposals for modification of the plan made by an |
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| affected municipality having a stormwater management plan are |
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| not included in the proposed county plan, and the municipality |
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| affected by the plan opposes adoption of the county plan by |
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| resolution of its corporate authorities, approval of the county |
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| plan shall require an affirmative vote of at least two-thirds |
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| of the county board members present and voting. If the county |
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| board wishes to amend the county plan, it shall submit in |
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| writing specific proposals to the stormwater management |
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| planning committee. If the proposals are not approved by the |
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| committee, or are opposed by resolution of the corporate |
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| authorities of an affected municipality having a municipal |
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| stormwater management plan, amendment of the plan shall require |
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| an affirmative vote of at least two-thirds of the county board |
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| members present and voting. |
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| (g) The county board may prescribe by ordinance reasonable |
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| rules and regulations for floodplain management and for |
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| governing the location, width, course, and release rate of all |
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| stormwater runoff channels, streams, and basins in the county, |
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| in accordance with the adopted stormwater management plan, |
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| unless those actions would interfere with the ability to |
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| operate, maintain, or improve the drainage systems used on or |
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| by land or facility used for production agriculture as defined |
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| in subsection (d). These rules and regulations shall, at a |
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| minimum, meet the standards for floodplain management |
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| established by the Office of Water Resources and the |
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| requirements of the Federal Emergency Management Agency for |
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| participation in the National Flood Insurance Program. The |
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| Commission may not impose more stringent regulations regarding |
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| water quality on entities discharging in accordance with a |
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| valid National Pollution Discharge Elimination System permit |
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| issued under the Environmental Protection Act. |
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| (h) In accordance with, and if recommended in, the adopted |
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| stormwater management plan, the county board may adopt a |
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| schedule of fees as may be necessary to mitigate the effects of |
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| increased stormwater runoff resulting from new development |
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| based on actual costs. The fees shall not exceed the cost of |
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| satisfying the onsite stormwater retention or detention |
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| requirements of the adopted stormwater management plan. The |
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| fees shall be used to finance activities undertaken by the |
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| county or its included municipalities to mitigate the effects |
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| of urban stormwater runoff by providing regional stormwater |
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| retention or detention facilities, as identified in the county |
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| plan. The county board shall provide for a credit or reduction |
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| in fees for any onsite retention, detention, drainage district |
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| assessments, or other similar stormwater facility that the |
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| developer is required to construct consistent with the |
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| stormwater management ordinance. All such fees collected by the |
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| county shall be held in a separate fund, and shall be expended |
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| only in the watershed within which they were collected. |
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| (i) For the purpose of implementing this Section and for |
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| the development, design, planning, construction, operation, |
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| and maintenance of stormwater facilities provided for in the |
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| stormwater management plan, a county board that has established |
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| a stormwater management planning committee pursuant to this |
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| Section may cause an annual tax of not to exceed 0.20% of the |
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| value, as equalized or assessed by the Department of Revenue, |
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| of all taxable property in the county to be levied upon all the |
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| taxable property in the county or occupation and use taxes of |
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| no more than 1/10 of one cent. The property tax shall be in |
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| addition to all other taxes authorized by law to be levied and |
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| collected in the county and shall be in addition to the maximum |
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| tax rate authorized by law for general county purposes. The |
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| 0.20% limitation provided in this Section may be increased or |
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| decreased by referendum in accordance with the provisions of |
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| Sections 18-120, 18-125, and 18-130 of the Property Tax Code. |
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| Any revenues generated as a result of ownership or |
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| operation of facilities or land acquired with the tax funds |
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| collected pursuant to this subsection shall be held in a |
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| separate fund and be used either to abate such property tax or |
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| for implementing this Section. |
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| However, the tax authorized by this subsection shall not be |
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| levied until the question of its adoption, either for a |
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| specified period or indefinitely, has been submitted to the |
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| electors thereof and approved by a majority of those voting on |
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| the question. This question may be submitted at any election |
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| held in the county after the adoption of a resolution by the |
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| county board providing for the submission of the question to |
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| the electors of the county. The county board shall certify the |
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| resolution and proposition to the proper election officials, |
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| who shall submit the proposition at an election in accordance |
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| with the general election law. If a majority of the votes cast |
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| on the question is in favor of the levy of the tax, it may |
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| thereafter be levied in the county for the specified period or |
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| indefinitely, as provided in the proposition. The question |
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| shall be put in substantially the following form: |
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| Shall an annual tax be levied
for stormwater management |
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| purposes (for a period of not more than .....years) at a |
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| rate not exceeding
.....% of the equalized assessed
value |
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| of the taxable property of .....County?
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| Or this question may be submitted at any election held in the |
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| county after the adoption of a resolution by the county board |
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| providing for the submission of the question to the electors of |
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| the county to authorize use and occupation taxes of no more |
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| than 1/10 of one cent: |
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| Shall use and occupation taxes be raised for stormwater |
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| management purposes (for a period of not more than ..... |
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| years) at a rate not exceeding .....% for taxable goods in |
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| ..... County? |
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| Votes shall be recorded as Yes or No.
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| (j) For those counties that adopt a property tax in |
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| accordance with the provisions in this Section, the stormwater |
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| management committee shall offer property tax abatements or |
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| incentive payments to property owners who construct, maintain, |
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| and use approved stormwater management devices. For those |
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| counties that adopt use and occupation taxes in accordance with |
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| the provisions of this Section, the stormwater management |
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| commission may offer tax rebates or incentive payments to |
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| property owners who construct, maintain, and use approved |
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| stormwater management devises.
The Stormwater Management |
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| Commission is authorized to offer credits to the property tax, |
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| if applicable, based on authorized practices consistent with |
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| the stormwater management plan and approved by the Commission. |
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| (k) Upon the creation and implementation of a county |
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| stormwater management plan, the county may petition the circuit |
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| court to dissolve any or all drainage districts created |
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| pursuant to the Illinois Drainage Code or predecessor Acts that |
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| are located entirely within the area of the county covered by |
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| the plan, unless the drainage district petitions the county for |
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| exception from dissolution within 60 days after notice that is |
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| personally served upon each of the trustees of the district and |
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| its attorney. The circuit court shall not dissolve any drainage |
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| district that petitions the county within 60 days after notice. |
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| The dissolution of any drainage district shall not affect |
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| the obligation of any bonds issued or contracts entered into by |
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| the district nor invalidate the levy, extension, or collection |
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| of any taxes or special assessments upon the property in the |
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| former drainage district. All property and obligations of the |
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| former drainage district shall be assumed and managed by the |
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| county, and the debts of the former drainage district shall be |
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| discharged as soon as practical. |
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| If a drainage district lies only partly within a county |
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| that adopts a county stormwater management plan, the county may |
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| petition the circuit court to disconnect from the drainage |
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| district that portion of the district that lies within that |
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| county unless the drainage district petitions the stormwater |
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| management planning committee for exception from dissolution |
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| within 60 days after notice that is personally served upon each |
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| of the trustees of the district. The property of the drainage |
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| district within the disconnected area shall be assumed and |
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| managed by the county. The county shall also assume a portion |
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| of the drainage district's debt at the time of disconnection, |
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| based on the portion of the value of the taxable property of |
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| the drainage district that is located within the area being |
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| disconnected. |
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| The operations of any drainage district that continues to |
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| exist in a county that has adopted a stormwater management plan |
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| in accordance with this Section shall be in accordance with the |
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| adopted plan unless those actions would interfere with the |
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| ability to operate, maintain, or improve the drainage systems |
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| used on or by land or facility used for production agriculture |
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| as defined in subsection (d). The stormwater committee and |
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| county shall not have the authority to require any drainage |
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| district to disburse drainage district funds. |
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| (l) Any county that has adopted a county stormwater |
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| management plan under this Section may, after 10 days written |
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| notice receiving consent of the owner or occupant, enter upon |
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| any lands or waters within the county for the purpose of |
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| inspecting stormwater facilities or causing the removal of any |
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| obstruction to an affected watercourse. If consent is denied or |
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| cannot be reasonably obtained, the county ordinance shall |
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| provide a process or procedure for an administrative warrant to |
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| be obtained. The county shall be responsible for any damages |
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| occasioned thereby. |
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| (m) Upon petition of the municipality, and based on a |
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| finding of the stormwater management planning committee, the |
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| county shall not enforce rules and regulations adopted by the |
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| county in any municipality located wholly or partly within the |
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| county that has a municipal stormwater management ordinance |
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| that is consistent with and at least as stringent as the county |
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| plan and ordinance, and is being enforced by the municipal |
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| authorities. On issues that the county ordinance is more |
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| stringent as deemed by the commission, the county shall only |
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| enforce rules and regulations adopted by the county on the more |
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| stringent issues and accept municipal permits. The county shall |
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| have no more than 60 days to review permits or the permits |
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| shall be deemed approved. |
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| (n) A county may issue general obligation bonds for |
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| implementing any stormwater plan adopted under this Section in |
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| the manner prescribed in Section 5-1012; except that the |
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| referendum requirement of Section 5-1012 does not apply to |
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| bonds issued pursuant to this Section on which the principal |
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| and interest are to be paid entirely out of funds generated by |
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| the taxes and fees authorized by this Section. |
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| (o) The powers authorized by this Section may be |
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| implemented by the county board for a portion of the county |
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| subject to similar stormwater management needs. |
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| (p) The powers and taxes authorized by this Section are in |
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| addition to the powers and taxes authorized by Division 5-15; |
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| in exercising its powers under this Section, a county shall not |
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| be subject to the restrictions and requirements of that |
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| Division. |
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| (q) Pursuant to paragraphs (g) and (i) of Section 6 of |
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| Article VII of the Illinois Constitution, this Section |
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| specifically denies and limits the exercise of any power that |
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| is inconsistent herewith by home rule units in any county with |
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| a population of less than 1,500,000. This Section does not |
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| prohibit the concurrent exercise of powers consistent |
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| herewith.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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