Full Text of SB1910 94th General Assembly
SB1910sam001 94TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/8/2005
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| AMENDMENT TO SENATE BILL 1910
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| AMENDMENT NO. ______. Amend Senate Bill 1910 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 5-1062 as follows:
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| (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
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| Sec. 5-1062. Stormwater management.
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| (a)
The purpose of this Section is to allow management and | 9 |
| mitigation of the
effects of urbanization on stormwater | 10 |
| drainage in metropolitan counties located
in the area served by | 11 |
| the Northeastern Illinois Planning Commission, and
references | 12 |
| to "county" in this Section shall apply only to those counties .
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| This Section shall not apply to any county with a population in | 14 |
| excess of
1,500,000, except as provided in subsection (c). The | 15 |
| purpose of this Section
shall be achieved by:
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| (1) consolidating the existing stormwater management | 17 |
| framework into a
united, countywide structure;
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| (2) setting minimum standards for floodplain and | 19 |
| stormwater management;
and
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| (3) preparing a countywide plan for the management of | 21 |
| stormwater runoff,
including the management of natural and | 22 |
| man-made drainageways. The countywide
plan may incorporate | 23 |
| watershed plans.
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| (b) A stormwater management planning committee shall be |
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| established by
county board resolution, with its membership | 2 |
| consisting of equal numbers of
county board and municipal | 3 |
| representatives from each county board
district, and such other | 4 |
| members as may be determined by the county and
municipal | 5 |
| members. However, if the county has more than 6 county board
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| districts, the county board may by ordinance divide the county | 7 |
| into not
less than 6 areas of approximately equal population, | 8 |
| to be used instead of
county board districts for the purpose of | 9 |
| determining representation on the
stormwater management | 10 |
| planning committee.
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| The county board members shall be appointed by the chairman | 12 |
| of the county
board. Municipal members from each county board | 13 |
| district or other
represented area shall be appointed by a | 14 |
| majority vote of the mayors of
those municipalities which have | 15 |
| the greatest percentage of their respective
populations | 16 |
| residing in such county board district or other represented
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| area. All municipal and county board representatives shall be | 18 |
| entitled
to a vote; the other members shall be nonvoting | 19 |
| members, unless authorized
to vote by the unanimous consent of | 20 |
| the municipal and county board
representatives. A municipality | 21 |
| that is located in more than one county may
choose, at the time | 22 |
| of formation of the stormwater management planning
committee | 23 |
| and based on watershed boundaries, to participate in the
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| stormwater management planning program of either or both of the | 25 |
| counties.
Subcommittees of the stormwater management planning | 26 |
| committee may be
established to serve a portion of the county | 27 |
| or a particular drainage basin
that has similar stormwater | 28 |
| management needs. The stormwater management
planning committee | 29 |
| 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 | 31 |
| its
subcommittees. Officers of the committee shall include a | 32 |
| chair and vice chair,
one of whom shall be a county | 33 |
| 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 | 2 |
| the county board, and
to direct the plan's implementation and | 3 |
| revision. The committee may retain
engineering, legal and | 4 |
| financial advisors and inspection personnel. The
committee | 5 |
| shall meet at least quarterly and shall hold at least one | 6 |
| public
meeting during the preparation of the plan and prior to | 7 |
| its submittal to the
county board.
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| (c) In the preparation of a stormwater management plan, a | 9 |
| county
stormwater management planning committee shall | 10 |
| coordinate the planning
process with each adjoining county to | 11 |
| ensure that recommended stormwater
projects will have no | 12 |
| significant impact on the levels or flows of
stormwaters in | 13 |
| inter-county watersheds or on the capacity of existing and
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| planned stormwater retention facilities. An adopted stormwater | 15 |
| management
plan shall identify steps taken by the county to | 16 |
| coordinate the development
of plan recommendations with | 17 |
| adjoining counties.
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| (d) Before the stormwater management planning committee | 19 |
| recommends to the
county board a stormwater management plan for | 20 |
| the county or a portion thereof,
it shall submit the plan to | 21 |
| the Office of Water Resources of the Department of Natural | 22 |
| Resources and to the Northeastern Illinois Planning
Commission | 23 |
| for review and recommendations. The Office
and the Commission , | 24 |
| in reviewing the plan, shall consider such factors as
impacts | 25 |
| on the levels or flows in rivers and streams and the cumulative | 26 |
| effects
of stormwater discharges on flood levels. The Office of | 27 |
| Water Resources shall determine whether the
plan or ordinances | 28 |
| enacted to implement the plan complies with the requirements
of | 29 |
| subsection (f). Within a period not to exceed 60 days, the | 30 |
| review comments
and recommendations shall be submitted to the | 31 |
| stormwater management planning
committee for consideration. | 32 |
| Any amendments to the plan shall be
submitted to the Office and | 33 |
| the Commission for review.
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| (e) Prior to recommending the plan to the county board, the |
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| stormwater
management planning committee shall hold at least | 2 |
| one public hearing thereon
and shall afford interested persons | 3 |
| an opportunity to be heard. The hearing
shall be held in the | 4 |
| county seat. Notice of the hearing shall be published at
least | 5 |
| once no less than 15 days in advance thereof in a newspaper of | 6 |
| general
circulation published in the county. The notice shall | 7 |
| state the time and place
of the hearing and the place where | 8 |
| copies of the proposed plan will be
accessible for examination | 9 |
| by interested parties. If an affected municipality
having a | 10 |
| stormwater management plan adopted by ordinance wishes to | 11 |
| protest the
proposed county plan provisions, it shall appear at | 12 |
| the hearing and submit in
writing specific proposals to the | 13 |
| stormwater management planning committee.
After consideration | 14 |
| of the matters raised at the hearing, the committee may
amend | 15 |
| or approve the plan and recommend it to the county board for | 16 |
| adoption.
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| The county board may enact the proposed plan by ordinance. | 18 |
| If the
proposals for modification of the plan made by an | 19 |
| affected municipality having
a stormwater management plan are | 20 |
| not included in the proposed county plan,
and the municipality | 21 |
| affected by the plan opposes adoption of the county
plan by | 22 |
| resolution of its corporate authorities, approval of
the county | 23 |
| plan shall require an affirmative vote of at least two-thirds | 24 |
| of the
county board members present and voting. If the county | 25 |
| board wishes to
amend the county plan, it shall submit in | 26 |
| writing specific proposals to the
stormwater management | 27 |
| planning committee. If the proposals are not
approved by the | 28 |
| committee, or are opposed by resolution of the corporate
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| authorities of an affected municipality having a municipal | 30 |
| stormwater
management plan, amendment of the plan shall require | 31 |
| an affirmative vote of
at least two-thirds of the county board | 32 |
| members present and voting.
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| (f) The county board may prescribe by ordinance reasonable | 34 |
| rules and
regulations for floodplain management and for |
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| governing the location,
width, course and release rate of all | 2 |
| stormwater runoff channels, streams
and basins in the county, | 3 |
| in accordance with the adopted stormwater
management plan. | 4 |
| These rules and regulations shall, at a minimum, meet
the | 5 |
| standards for floodplain management established by the Office | 6 |
| of Water Resources and
the requirements of the Federal | 7 |
| Emergency Management Agency for participation
in the National | 8 |
| Flood Insurance Program.
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| (g) In accordance with, and if recommended in, the adopted | 10 |
| stormwater
management plan, the county board may adopt a | 11 |
| schedule of fees
as may be necessary to mitigate the effects of | 12 |
| increased stormwater runoff
resulting from new development. | 13 |
| The fees shall not exceed the cost of
satisfying the onsite | 14 |
| stormwater retention or detention requirements of the
adopted | 15 |
| stormwater management plan. The fees shall be used to finance
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| activities undertaken by the county or its included | 17 |
| municipalities to
mitigate the effects of urban stormwater | 18 |
| runoff by providing regional
stormwater retention or detention | 19 |
| facilities, as identified in the county
plan. All such fees | 20 |
| collected by the county shall be held in a separate fund,
and | 21 |
| shall be expended only in the watershed within which they were | 22 |
| collected.
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| (h) For the purpose of implementing this Section and for | 24 |
| the
development, design, planning, construction, operation and | 25 |
| maintenance of
stormwater facilities provided for in the | 26 |
| stormwater management plan, a
county board that has established | 27 |
| a stormwater management planning
committee pursuant to this | 28 |
| Section may cause an annual tax of not to exceed
0.20% of the | 29 |
| 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 | 31 |
| taxable
property in the county. The tax shall be in addition to | 32 |
| all other taxes
authorized by law to be levied and collected in | 33 |
| the county and shall be in
addition to the maximum tax rate | 34 |
| authorized by law for general county
purposes. The 0.20% |
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| limitation provided in this Section may be increased
or | 2 |
| decreased by referendum in accordance with the provisions of | 3 |
| 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 | 5 |
| operation of facilities
or land acquired with the tax funds | 6 |
| collected pursuant to this subsection
(h) shall be held in a | 7 |
| separate fund and be used either to abate such
property tax or | 8 |
| for implementing this Section.
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| However, unless at least part of the county has been | 10 |
| declared after
July 1, 1986 by presidential proclamation to be | 11 |
| a disaster area as a result
of flooding, the tax authorized by | 12 |
| this subsection (h) shall not be levied
until the question of | 13 |
| its adoption, either for a specified period or
indefinitely, | 14 |
| has been submitted to the electors thereof and approved by a
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| majority of those voting on the question. This question may be | 16 |
| submitted
at any election held in the county after the adoption | 17 |
| of a resolution by
the county board providing for the | 18 |
| submission of the question to the
electors of the county. The | 19 |
| county board shall certify the resolution and
proposition to | 20 |
| the proper election officials, who shall submit the
proposition | 21 |
| at an election in accordance with the general election law. If
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| a majority of the votes cast on the question is in favor of the | 23 |
| levy of
the tax, it may thereafter be levied in the county for | 24 |
| the specified
period or indefinitely, as provided in the | 25 |
| proposition. The question shall
be put in substantially the | 26 |
| following form:
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| -------------------------------------------------------------
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| Shall an annual tax be levied
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| for stormwater management purposes YES
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| (for a period of not more than
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| ...... years) at a rate not exceeding ------------------
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| .....% of the equalized assessed
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| value of the taxable property of NO
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| ........ County?
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| -------------------------------------------------------------
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| (i) Upon the creation and implementation of a county | 3 |
| stormwater management
plan, the county may petition the circuit | 4 |
| court to dissolve any or all drainage
districts created | 5 |
| pursuant to the Illinois Drainage Code or predecessor Acts
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| which are located entirely within the area of the county | 7 |
| covered by the plan.
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| However, any active drainage district implementing a plan | 9 |
| that is
consistent with and at least as stringent as the county | 10 |
| stormwater
management plan may petition the stormwater | 11 |
| management planning committee
for exception from dissolution. | 12 |
| Upon filing of the petition, the committee
shall set a date for | 13 |
| hearing not less than 2 weeks, nor more than 4 weeks,
from the | 14 |
| filing thereof, and the committee shall give at least one | 15 |
| week's
notice of the hearing in one or more newspapers of | 16 |
| general circulation
within the district, and in addition shall | 17 |
| cause a copy of the notice to be
personally served upon each of | 18 |
| the trustees of the district. At the
hearing, the committee | 19 |
| shall hear the district's petition and allow the
district | 20 |
| trustees and any interested parties an opportunity to present | 21 |
| oral
and written evidence. The committee shall render its | 22 |
| decision upon the
petition for exception from dissolution based | 23 |
| upon the best interests of
the residents of the district. In | 24 |
| the event that the exception is not
allowed, the district may | 25 |
| file a petition within 30 days of the decision
with the circuit | 26 |
| court. In that case, the notice and hearing requirements
for | 27 |
| the court shall be the same as herein provided for the | 28 |
| committee.
The court shall likewise render its decision of | 29 |
| whether to dissolve the
district based upon the best interests | 30 |
| of residents of the district.
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| The dissolution of any drainage district shall not affect | 32 |
| the obligation
of any bonds issued or contracts entered into by | 33 |
| the district nor
invalidate the levy, extension or collection | 34 |
| of any taxes or special
assessments upon the property in the |
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| former drainage district. All property
and obligations of the | 2 |
| former drainage district shall be assumed and
managed by the | 3 |
| county, and the debts of the former drainage district shall
be | 4 |
| discharged as soon as practicable.
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| If a drainage district lies only partly within a county | 6 |
| that adopts a
county stormwater management plan, the county may | 7 |
| petition the circuit
court to disconnect from the drainage | 8 |
| district that portion of the district
that lies within that | 9 |
| county. The property of the drainage district within the
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| disconnected area shall be assumed and managed by the county. | 11 |
| The county shall
also assume a portion of the drainage | 12 |
| district's debt at the time of
disconnection, based on the | 13 |
| portion of the value of the taxable property of the
drainage | 14 |
| district which is located within the area being disconnected.
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| The operations of any drainage district that continues to | 16 |
| exist in a
county that has adopted a stormwater management plan | 17 |
| in accordance with
this Section shall be in accordance with the | 18 |
| adopted plan.
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| (j) Any county that has adopted a county stormwater | 20 |
| management plan
under this Section may, after 10 days written | 21 |
| notice to the owner or
occupant, enter upon any lands or waters | 22 |
| within the county for the purpose
of inspecting stormwater | 23 |
| facilities or causing the removal of any
obstruction to an | 24 |
| affected watercourse. The county shall be responsible
for any | 25 |
| damages occasioned thereby.
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| (k) Upon petition of the municipality, and based on a | 27 |
| finding of the
stormwater management planning committee, the | 28 |
| county shall not enforce
rules and regulations adopted by the | 29 |
| county in any municipality located
wholly or partly within the | 30 |
| county that has a municipal stormwater
management ordinance | 31 |
| that is consistent with and at least as stringent as
the county | 32 |
| plan and ordinance, and is being enforced by the municipal
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| authorities.
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| (l) A county may issue general obligation bonds for |
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| implementing any
stormwater plan adopted under this Section in | 2 |
| the manner prescribed in
Section 5-1012; except that the | 3 |
| referendum requirement of Section 5-1012 shall
not apply to | 4 |
| bonds issued pursuant to this Section on which the principal | 5 |
| and
interest are to be paid entirely out of funds generated by | 6 |
| the taxes and fees
authorized by this Section.
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| (m) The powers authorized by this Section may be | 8 |
| implemented by the
county board for a portion of the county | 9 |
| subject to similar stormwater
management needs.
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| (n) The powers and taxes authorized by this Section are in | 11 |
| addition to the
powers and taxes authorized by Division 5-15; | 12 |
| in exercising its powers
under this Section, a county shall not | 13 |
| be subject to the restrictions and
requirements of that | 14 |
| Division.
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| (o) Pursuant to paragraphs (g) and (i) of Section 6 of | 16 |
| Article VII of
the Illinois Constitution, this Section | 17 |
| specifically denies and limits the
exercise of any power which | 18 |
| is inconsistent herewith by home rule units in
any county with | 19 |
| a population of less than 1,500,000 in the area served by
the | 20 |
| Northeastern Illinois Planning Commission. This Section does | 21 |
| not
prohibit the concurrent exercise of powers consistent | 22 |
| herewith.
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| (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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