Illinois General Assembly - Full Text of SB1910
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Full Text of SB1910  94th General Assembly

SB1910sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/8/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1910

2     AMENDMENT NO. ______. Amend Senate Bill 1910 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Counties Code is amended by changing
5 Section 5-1062 as follows:
 
6     (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
7     Sec. 5-1062. Stormwater management.
8     (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.
13 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:
16         (1) consolidating the existing stormwater management
17     framework into a united, countywide structure;
18         (2) setting minimum standards for floodplain and
19     stormwater management; and
20         (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.
24     (b) A stormwater management planning committee shall be

 

 

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1 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
6 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.
11     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
17 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
24 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
30 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.
34     The principal duties of the committee shall be to develop a

 

 

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1 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.
8     (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
14 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.
18     (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.
34     (e) Prior to recommending the plan to the county board, the

 

 

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1 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.
17     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
29 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.
33     (f) The county board may prescribe by ordinance reasonable
34 rules and regulations for floodplain management and for

 

 

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1 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.
9     (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
16 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.
23     (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,
30 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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1 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.
4     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.
9     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
15 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
22 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:
27 -------------------------------------------------------------
28     Shall an annual tax be levied
29 for stormwater management purposes            YES
30 (for a period of not more than
31 ...... years) at a rate not exceeding      ------------------
32 .....% of the equalized assessed
33 value of the taxable property of              NO
34 ........ County?

 

 

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1 -------------------------------------------------------------
2     (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
6 which are located entirely within the area of the county
7 covered by the plan.
8     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.
31     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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1 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.
5     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
10 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.
15     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.
19     (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.
26     (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
33 authorities.
34     (l) A county may issue general obligation bonds for

 

 

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1 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.
7     (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.
10     (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.
15     (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.
23 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.".