Full Text of SB1910 94th General Assembly
SB1910sam002 94TH GENERAL ASSEMBLY
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by adding Section | 5 |
| 5-1062.2 as follows: | 6 |
| (55 ILCS 5/5-1062.2 new) | 7 |
| Sec. 5-1062.2. 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 Southwestern Illinois Metropolitan and Regional Planning | 12 |
| Commission and the Counties of Kankakeee, Grundy, LaSalle, | 13 |
| DeKalb, Kendall, Boone, and Winnebago and references to | 14 |
| "county" in this Section apply only to those counties. This | 15 |
| Section does not apply to counties in the Northeastern Illinois | 16 |
| Planning Commission that are granted authorities in Section | 17 |
| 5-1062. The purpose of this Section shall be achieved by: | 18 |
| (1) Consolidating the existing stormwater management
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| framework into a united, countywide structure. | 20 |
| (2) Setting minimum standards for floodplain and
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| stormwater management. | 22 |
| (3) Preparing a countywide plan for the management
of | 23 |
| stormwater runoff, including the management of natural and | 24 |
| man-made drainageways. The countywide plan may incorporate |
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| watershed plans. | 2 |
| (b) A stormwater management planning committee may be | 3 |
| established by county board resolution, with its membership | 4 |
| consisting of equal numbers of county board and municipal | 5 |
| representatives from each county board district, and such other | 6 |
| members as may be determined by the county and municipal | 7 |
| members. If the county has more than 6 county board districts, | 8 |
| however, the county board may by ordinance divide the county | 9 |
| into not less than 6 areas of approximately equal population, | 10 |
| to be used instead of county board districts for the purpose of | 11 |
| determining representation on the stormwater management | 12 |
| planning committee. | 13 |
| The county board members shall be appointed by the chairman | 14 |
| of the county board. Municipal members from each county board | 15 |
| district or other represented area shall be appointed by a | 16 |
| majority vote of the mayors of those municipalities that have | 17 |
| the greatest percentage of their respective populations | 18 |
| residing in that county board district or other represented | 19 |
| area. All municipal and county board representatives shall be | 20 |
| entitled to a vote; the other members shall be nonvoting | 21 |
| members, unless authorized to vote by the unanimous consent of | 22 |
| the municipal and county board representatives. A municipality | 23 |
| that is located in more than one county may choose, at the time | 24 |
| of formation of the stormwater management planning committee | 25 |
| and based on watershed boundaries, to participate in the | 26 |
| stormwater management planning program of either or both of the | 27 |
| counties. Subcommittees of the stormwater management planning | 28 |
| committee may be established to serve a portion of the county | 29 |
| or a particular drainage basin that has similar stormwater | 30 |
| management needs. The stormwater management planning committee | 31 |
| shall adopt by-laws, by a majority vote of the county and | 32 |
| municipal members, to govern the functions of the committee and | 33 |
| its subcommittees. Officers of the committee shall include a | 34 |
| chair and vice chair, one of whom shall be a county |
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| representative and one a municipal representative. | 2 |
| The principal duties of the committee shall be to develop a | 3 |
| stormwater management plan for presentation to and approval by | 4 |
| the county board, and to direct the plan's implementation and | 5 |
| revision. The committee may retain engineering, legal, and | 6 |
| financial advisors and inspection personnel. The committee | 7 |
| shall meet at least quarterly and shall hold at least one | 8 |
| public meeting during the preparation of the plan and prior to | 9 |
| its submittal to the county board. The committee may make | 10 |
| grants to units of local government and landowners for the | 11 |
| purposes of stormwater management; grants must be consistent | 12 |
| with the stormwater management plan. | 13 |
| The committee shall not have or exercise any power of | 14 |
| eminent domain.
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| (c) In the preparation of a stormwater management plan, a | 16 |
| county stormwater management planning committee shall | 17 |
| coordinate the planning process with each adjoining county to | 18 |
| ensure that recommended stormwater projects will have no | 19 |
| significant impact on the levels or flows of stormwaters in | 20 |
| inter-county watersheds or on the capacity of existing and | 21 |
| planned stormwater retention facilities. An adopted stormwater | 22 |
| management plan shall identify steps taken by the county to | 23 |
| coordinate the development of plan recommendations with | 24 |
| adjoining counties. | 25 |
| (d) The Stormwater Management Committee may not enforce any | 26 |
| rules or regulations that would interfere with (i) any power | 27 |
| granted by the Illinois Drainage Code to operate, construct, | 28 |
| maintain, or improve drainage systems or (ii) the ability to | 29 |
| operate, maintain, or improve the drainage systems used on or | 30 |
| by land or a facility used for production agriculture purposes, | 31 |
| as defined in Section 3-35 of the Use Tax Act, except newly | 32 |
| constructed buildings and newly installed impervious surfaces. | 33 |
| New buildings and pavement shall not be exempt from stormwater | 34 |
| management. Disputes regarding the exemption shall be |
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| determined by a mutually agreed upon arbitrator paid by the | 2 |
| disputing party or parties. | 3 |
| (e) Before the stormwater management planning committee | 4 |
| recommends to the county board a stormwater management plan for | 5 |
| the county or a portion thereof, it shall submit the plan to | 6 |
| the Office of Water Resources of the Department of Natural | 7 |
| Resources for review and recommendations. The Office, in | 8 |
| reviewing the plan, shall consider such factors as impacts on | 9 |
| the levels or flows in rivers and streams and the cumulative | 10 |
| effects of stormwater discharges on flood levels. The Office of | 11 |
| Water Resources shall determine whether the plan or ordinances | 12 |
| enacted to implement the plan complies with the requirements of | 13 |
| subsection (f). Within a period not to exceed 60 days, the | 14 |
| review comments and recommendations shall be submitted to the | 15 |
| stormwater management planning committee for consideration. | 16 |
| Any amendments to the plan shall be submitted to the Office for | 17 |
| review. | 18 |
| (f) Prior to recommending the plan to the county board, the | 19 |
| stormwater management planning committee shall hold at least | 20 |
| one public hearing thereon and shall afford interested persons | 21 |
| an opportunity to be heard. The hearing shall be held in the | 22 |
| county seat. Notice of the hearing shall be published at least | 23 |
| once no less than 15 days in advance thereof in a newspaper of | 24 |
| general circulation published in the county. The notice shall | 25 |
| state the time and place of the hearing and the place where | 26 |
| copies of the proposed plan will be accessible for examination | 27 |
| by interested parties. If an affected municipality having a | 28 |
| stormwater management plan adopted by ordinance wishes to | 29 |
| protest the proposed county plan provisions, it shall appear at | 30 |
| the hearing and submit in writing specific proposals to the | 31 |
| stormwater management planning committee. After consideration | 32 |
| of the matters raised at the hearing, the committee may amend | 33 |
| or approve the plan and recommend it to the county board for | 34 |
| adoption. |
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| The county board may enact the proposed plan by ordinance. | 2 |
| If the proposals for modification of the plan made by an | 3 |
| affected municipality having a stormwater management plan are | 4 |
| not included in the proposed county plan, and the municipality | 5 |
| affected by the plan opposes adoption of the county plan by | 6 |
| resolution of its corporate authorities, approval of the county | 7 |
| plan shall require an affirmative vote of at least two-thirds | 8 |
| of the county board members present and voting. If the county | 9 |
| board wishes to amend the county plan, it shall submit in | 10 |
| writing specific proposals to the stormwater management | 11 |
| planning committee. If the proposals are not approved by the | 12 |
| committee, or are opposed by resolution of the corporate | 13 |
| authorities of an affected municipality having a municipal | 14 |
| stormwater management plan, amendment of the plan shall require | 15 |
| an affirmative vote of at least two-thirds of the county board | 16 |
| members present and voting. | 17 |
| (g) The county board may prescribe by ordinance reasonable | 18 |
| rules and regulations for floodplain management and for | 19 |
| governing the location, width, course, and release rate of all | 20 |
| stormwater runoff channels, streams, and basins in the county, | 21 |
| in accordance with the adopted stormwater management plan, | 22 |
| unless those actions would interfere with the ability to | 23 |
| operate, maintain, or improve the drainage systems used on or | 24 |
| by land or facility used for production agriculture as defined | 25 |
| in subsection (d). These rules and regulations shall, at a | 26 |
| minimum, meet the standards for floodplain management | 27 |
| established by the Office of Water Resources and the | 28 |
| requirements of the Federal Emergency Management Agency for | 29 |
| participation in the National Flood Insurance Program. The | 30 |
| Commission may not impose more stringent regulations regarding | 31 |
| water quality on entities discharging in accordance with a | 32 |
| valid National Pollution Discharge Elimination System permit | 33 |
| issued under the Environmental Protection Act. | 34 |
| (h) In accordance with, and if recommended in, the adopted |
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| stormwater management plan, the county board may adopt a | 2 |
| schedule of fees as may be necessary to mitigate the effects of | 3 |
| increased stormwater runoff resulting from new development | 4 |
| based on actual costs. The fees shall not exceed the cost of | 5 |
| satisfying the onsite stormwater retention or detention | 6 |
| requirements of the adopted stormwater management plan. The | 7 |
| fees shall be used to finance activities undertaken by the | 8 |
| county or its included municipalities to mitigate the effects | 9 |
| of urban stormwater runoff by providing regional stormwater | 10 |
| retention or detention facilities, as identified in the county | 11 |
| plan. The county board shall provide for a credit or reduction | 12 |
| in fees for any onsite retention, detention, drainage district | 13 |
| assessments, or other similar stormwater facility that the | 14 |
| developer is required to construct consistent with the | 15 |
| stormwater management ordinance. All such fees collected by the | 16 |
| county shall be held in a separate fund, and shall be expended | 17 |
| only in the watershed within which they were collected. | 18 |
| (i) For the purpose of implementing this Section and for | 19 |
| the development, design, planning, construction, operation, | 20 |
| and maintenance of stormwater facilities provided for in the | 21 |
| stormwater management plan, a county board that has established | 22 |
| a stormwater management planning committee pursuant to this | 23 |
| Section may cause an annual tax of not to exceed 0.20% of the | 24 |
| value, as equalized or assessed by the Department of Revenue, | 25 |
| of all taxable property in the county to be levied upon all the | 26 |
| taxable property in the county or occupation and use taxes of | 27 |
| no more than 1/10 of one cent. The property tax shall be in | 28 |
| addition to all other taxes authorized by law to be levied and | 29 |
| collected in the county and shall be in addition to the maximum | 30 |
| tax rate authorized by law for general county purposes. The | 31 |
| 0.20% limitation provided in this Section may be increased or | 32 |
| decreased by referendum in accordance with the provisions of | 33 |
| Sections 18-120, 18-125, and 18-130 of the Property Tax Code. | 34 |
| Any revenues generated as a result of ownership or |
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| operation of facilities or land acquired with the tax funds | 2 |
| collected pursuant to this subsection shall be held in a | 3 |
| separate fund and be used either to abate such property tax or | 4 |
| for implementing this Section. | 5 |
| However, the tax authorized by this subsection shall not be | 6 |
| levied until the question of its adoption, either for a | 7 |
| specified period or indefinitely, has been submitted to the | 8 |
| electors thereof and approved by a majority of those voting on | 9 |
| the question. This question may be submitted at any election | 10 |
| held in the county after the adoption of a resolution by the | 11 |
| county board providing for the submission of the question to | 12 |
| the electors of the county. The county board shall certify the | 13 |
| resolution and proposition to the proper election officials, | 14 |
| who shall submit the proposition at an election in accordance | 15 |
| with the general election law. If a majority of the votes cast | 16 |
| on the question is in favor of the levy of the tax, it may | 17 |
| thereafter be levied in the county for the specified period or | 18 |
| indefinitely, as provided in the proposition. The question | 19 |
| shall be put in substantially the following form: | 20 |
| Shall an annual tax be levied
for stormwater management | 21 |
| purposes (for a period of not more than .....years) at a | 22 |
| rate not exceeding
.....% of the equalized assessed
value | 23 |
| of the taxable property of .....County?
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| Or this question may be submitted at any election held in the | 25 |
| county after the adoption of a resolution by the county board | 26 |
| providing for the submission of the question to the electors of | 27 |
| the county to authorize use and occupation taxes of no more | 28 |
| than 1/10 of one cent: | 29 |
| Shall use and occupation taxes be raised for stormwater | 30 |
| management purposes (for a period of not more than ..... | 31 |
| years) at a rate not exceeding .....% for taxable goods in | 32 |
| ..... County? | 33 |
| 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 | 2 |
| management committee shall offer property tax abatements or | 3 |
| incentive payments to property owners who construct, maintain, | 4 |
| and use approved stormwater management devices. For those | 5 |
| counties that adopt use and occupation taxes in accordance with | 6 |
| the provisions of this Section, the stormwater management | 7 |
| commission may offer tax rebates or incentive payments to | 8 |
| property owners who construct, maintain, and use approved | 9 |
| stormwater management devises.
The Stormwater Management | 10 |
| Commission is authorized to offer credits to the property tax, | 11 |
| if applicable, based on authorized practices consistent with | 12 |
| the stormwater management plan and approved by the Commission. | 13 |
| (k) Upon the creation and implementation of a county | 14 |
| stormwater management plan, the county may petition the circuit | 15 |
| court to dissolve any or all drainage districts created | 16 |
| pursuant to the Illinois Drainage Code or predecessor Acts that | 17 |
| are located entirely within the area of the county covered by | 18 |
| the plan, unless the drainage district petitions the county for | 19 |
| exception from dissolution within 60 days after notice that is | 20 |
| personally served upon each of the trustees of the district and | 21 |
| its attorney. The circuit court shall not dissolve any drainage | 22 |
| district that petitions the county within 60 days after notice. | 23 |
| The dissolution of any drainage district shall not affect | 24 |
| the obligation of any bonds issued or contracts entered into by | 25 |
| the district nor invalidate the levy, extension, or collection | 26 |
| of any taxes or special assessments upon the property in the | 27 |
| former drainage district. All property and obligations of the | 28 |
| former drainage district shall be assumed and managed by the | 29 |
| county, and the debts of the former drainage district shall be | 30 |
| discharged as soon as practical. | 31 |
| If a drainage district lies only partly within a county | 32 |
| that adopts a county stormwater management plan, the county may | 33 |
| petition the circuit court to disconnect from the drainage | 34 |
| district that portion of the district that lies within that |
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| county unless the drainage district petitions the stormwater | 2 |
| management planning committee for exception from dissolution | 3 |
| within 60 days after notice that is personally served upon each | 4 |
| of the trustees of the district. The property of the drainage | 5 |
| district within the disconnected area shall be assumed and | 6 |
| managed by the county. The county shall also assume a portion | 7 |
| of the drainage district's debt at the time of disconnection, | 8 |
| based on the portion of the value of the taxable property of | 9 |
| the drainage district that is located within the area being | 10 |
| disconnected. | 11 |
| The operations of any drainage district that continues to | 12 |
| exist in a county that has adopted a stormwater management plan | 13 |
| in accordance with this Section shall be in accordance with the | 14 |
| adopted plan unless those actions would interfere with the | 15 |
| ability to operate, maintain, or improve the drainage systems | 16 |
| used on or by land or facility used for production agriculture | 17 |
| as defined in subsection (d). The stormwater committee and | 18 |
| county shall not have the authority to require any drainage | 19 |
| district to disburse drainage district funds. | 20 |
| (l) Any county that has adopted a county stormwater | 21 |
| management plan under this Section may, after 10 days written | 22 |
| notice receiving consent of the owner or occupant, enter upon | 23 |
| any lands or waters within the county for the purpose of | 24 |
| inspecting stormwater facilities or causing the removal of any | 25 |
| obstruction to an affected watercourse. If consent is denied or | 26 |
| cannot be reasonably obtained, the county ordinance shall | 27 |
| provide a process or procedure for an administrative warrant to | 28 |
| be obtained. The county shall be responsible for any damages | 29 |
| occasioned thereby. | 30 |
| (m) Upon petition of the municipality, and based on a | 31 |
| finding of the stormwater management planning committee, the | 32 |
| county shall not enforce rules and regulations adopted by the | 33 |
| county in any municipality located wholly or partly within the | 34 |
| county that has a municipal stormwater management ordinance |
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| that is consistent with and at least as stringent as the county | 2 |
| plan and ordinance, and is being enforced by the municipal | 3 |
| authorities. On issues that the county ordinance is more | 4 |
| stringent as deemed by the commission, the county shall only | 5 |
| enforce rules and regulations adopted by the county on the more | 6 |
| stringent issues and accept municipal permits. The county shall | 7 |
| have no more than 60 days to review permits or the permits | 8 |
| shall be deemed approved. | 9 |
| (n) A county may issue general obligation bonds for | 10 |
| implementing any stormwater plan adopted under this Section in | 11 |
| the manner prescribed in Section 5-1012; except that the | 12 |
| referendum requirement of Section 5-1012 does not apply to | 13 |
| bonds issued pursuant to this Section on which the principal | 14 |
| and interest are to be paid entirely out of funds generated by | 15 |
| the taxes and fees authorized by this Section. | 16 |
| (o) The powers authorized by this Section may be | 17 |
| implemented by the county board for a portion of the county | 18 |
| subject to similar stormwater management needs. | 19 |
| (p) The powers and taxes authorized by this Section are in | 20 |
| addition to the powers and taxes authorized by Division 5-15; | 21 |
| in exercising its powers under this Section, a county shall not | 22 |
| be subject to the restrictions and requirements of that | 23 |
| Division. | 24 |
| (q) Pursuant to paragraphs (g) and (i) of Section 6 of | 25 |
| Article VII of the Illinois Constitution, this Section | 26 |
| specifically denies and limits the exercise of any power that | 27 |
| is inconsistent herewith by home rule units in any county with | 28 |
| a population of less than 1,500,000. This Section does not | 29 |
| prohibit the concurrent exercise of powers consistent | 30 |
| herewith.
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.".
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