HB2417 96TH GENERAL ASSEMBLY

LRB096 03838 HLH 13871 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2417

Introduced 2/19/2009, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

35 ILCS 200/27-91 new

Amends the Property Tax Code. Provides that a municipality may establish a special service area for the purpose of repairing, reconstructing, or maintaining a stormwater-detention facility. Provides that a public hearing with respect to those special service areas must include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance. Provides that certain special service areas for stormwater-detention facilities are not subject to objection-petition requirements. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by adding Section 27-91 as follows:

(35 ILCS 200/27-91 new)

Sec. 27-91. Special service area for privately owned stormwater-detention facilities.

(a) If a privately owned or maintained stormwater-detention facility serves a detention watershed that lies within the corporate limits of a municipality, then the corporate authorities of the municipality may propose a special service area for the purpose of repairing, reconstructing, or maintaining that stormwater-detention facility. The proposed special service area must be comprised of the territory within the detention watershed.

(b) A special service area under this Section must be established under the procedures set forth under this Article 27 with the following exceptions:

(1) the public hearing required under Section 27-35 must also include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance; and

(2) unless there exists, in good standing, a homeowners' association that has a legal obligation to perform the repair, reconstruction, or maintenance, the proposal is not subject to the objection-petition procedures under Section 27-55 or the disconnection procedures under Section 27-60.

(c) If, as a result of the public hearing, the corporate authorities determine that the stormwater-detention facility is in need of the repair, reconstruction, or maintenance, then the corporate authorities may proceed to establish the special service area. The municipality may authorize its agents and independent contractors to undertake the repair, reconstruction, or maintenance and take all other permissible action under this Law.

(d) For the purposes of this Section:

"Stormwater-detention facility" means any man-made structure or arrangement of earth for the temporary or permanent storage of stormwater runoff with controlled release of the stormwater during or following a flood or storm for the purpose of mitigating downstream flooding or protecting structures from flooding. The term "stormwater-detention facility" includes any detention basin, retention basin, or any other wet or dry catchment area that releases stormwater more slowly than would otherwise occur if the stormwater were allowed to flow freely in any given watershed.

"Detention basin" means any stormwater-detention facility designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area.

"Retention basin" means any stormwater-detention facility designed to maintain a permanent pool of water within the basin after the temporary storage of stormwater runoff.

"Detention watershed" means the geographical area for which the stormwater-detention facility: (i) was designed to contain and control the increased stormwater discharge likely to be caused by new development within a subdivision or planned unit development; and (ii) was included as part of the approved stormwater management plan for the subdivision or development.

Section 99. Effective date. This Act takes effect upon becoming law.