Full Text of SB1337 100th General Assembly
SB1337sam001 100TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 2/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1337
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1337 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1062.2 as follows: | 6 | | (55 ILCS 5/5-1062.2) | 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 all counties not granted authority under Section | 11 | | 5-1062 or Section 5-1062.3 of this Code the metropolitan | 12 | | counties of Madison, St. Clair, Monroe, Kankakee, Grundy, | 13 | | LaSalle, DeKalb, Kendall, and Boone and references to "county" | 14 | | in this Section apply only to those counties. This Section does | 15 | | not apply to counties in the Northeastern Illinois Planning | 16 | | Commission that are granted authorities in Section 5-1062 . The |
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| 1 | | purpose of this Section shall be achieved by: | 2 | | (1) Consolidating the existing stormwater management
| 3 | | framework into a united, countywide structure. | 4 | | (2) Setting minimum standards for floodplain and
| 5 | | stormwater management. | 6 | | (3) Preparing a countywide plan for the management
of | 7 | | stormwater runoff, including the management of natural and | 8 | | man-made drainageways. The countywide plan may incorporate | 9 | | watershed plans. | 10 | | (b) A stormwater management planning committee may be | 11 | | established by county board resolution, with its membership | 12 | | consisting of equal numbers of county board and municipal | 13 | | representatives from each county board district, and such other | 14 | | members as may be determined by the county and municipal | 15 | | members. If the county has more than 6 county board districts, | 16 | | however, the county board may by ordinance divide the county | 17 | | into not less than 6 areas of approximately equal population, | 18 | | to be used instead of county board districts for the purpose of | 19 | | determining representation on the stormwater management | 20 | | planning committee. | 21 | | The county board members shall be appointed by the chairman | 22 | | of the county board. Municipal members from each county board | 23 | | district or other represented area shall be appointed by a | 24 | | majority vote of the mayors of those municipalities that have | 25 | | the greatest percentage of their respective populations | 26 | | residing in that county board district or other represented |
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| 1 | | area. All municipal and county board representatives shall be | 2 | | entitled to a vote; the other members shall be nonvoting | 3 | | members, unless authorized to vote by the unanimous consent of | 4 | | the municipal and county board representatives. A municipality | 5 | | that is located in more than one county may choose, at the time | 6 | | of formation of the stormwater management planning committee | 7 | | and based on watershed boundaries, to participate in the | 8 | | stormwater management planning program of either or both of the | 9 | | counties. Subcommittees of the stormwater management planning | 10 | | committee may be established to serve a portion of the county | 11 | | or a particular drainage basin that has similar stormwater | 12 | | management needs. The stormwater management planning committee | 13 | | shall adopt bylaws, by a majority vote of the county and | 14 | | municipal members, to govern the functions of the committee and | 15 | | its subcommittees. Officers of the committee shall include a | 16 | | chair and vice chair, one of whom shall be a county | 17 | | representative and one a municipal representative. | 18 | | The principal duties of the committee shall be to develop a | 19 | | stormwater management plan for presentation to and approval by | 20 | | the county board, and to direct the plan's implementation and | 21 | | revision. The committee may retain engineering, legal, and | 22 | | financial advisors and inspection personnel. The committee | 23 | | shall meet at least quarterly and shall hold at least one | 24 | | public meeting during the preparation of the plan and prior to | 25 | | its submittal to the county board. The committee may make | 26 | | grants to units of local government that have adopted an |
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| 1 | | ordinance requiring actions consistent with the stormwater | 2 | | management plan and to landowners for the purposes of | 3 | | stormwater management, including special projects; use of the | 4 | | grant money must be consistent with the stormwater management | 5 | | plan. | 6 | | The committee shall not have or exercise any power of | 7 | | eminent domain.
| 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) The stormwater management committee may not enforce any | 19 | | rules or regulations that would interfere with (i) any power | 20 | | granted by the Illinois Drainage Code (70 ILCS 605/) to | 21 | | operate, construct, maintain, or improve drainage systems or | 22 | | (ii) the ability to operate, maintain, or improve the drainage | 23 | | systems used on or by land or a facility used for production | 24 | | agriculture purposes, as defined in the Use Tax Act (35 ILCS | 25 | | 105/), except newly constructed buildings and newly installed | 26 | | impervious paved surfaces. Disputes regarding an exception |
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| 1 | | shall be determined by a mutually agreed upon arbitrator paid | 2 | | by the 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 of the hearing in a | 24 | | newspaper of general circulation published in the county. The | 25 | | notice shall state the time and place of the hearing and the | 26 | | place where copies of the proposed plan will be accessible for |
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| 1 | | examination by interested parties. If an affected municipality | 2 | | having a stormwater management plan adopted by ordinance wishes | 3 | | to protest the proposed county plan provisions, it shall appear | 4 | | at the hearing and submit in writing specific proposals to the | 5 | | stormwater management planning committee. After consideration | 6 | | of the matters raised at the hearing, the committee may amend | 7 | | or approve the plan and recommend it to the county board for | 8 | | adoption. | 9 | | The county board may enact the proposed plan by ordinance. | 10 | | If the proposals for modification of the plan made by an | 11 | | affected municipality having a stormwater management plan are | 12 | | not included in the proposed county plan, and the municipality | 13 | | affected by the plan opposes adoption of the county plan by | 14 | | resolution of its corporate authorities, approval of the county | 15 | | plan shall require an affirmative vote of at least two-thirds | 16 | | of the county board members present and voting. If the county | 17 | | board wishes to amend the county plan, it shall submit in | 18 | | writing specific proposals to the stormwater management | 19 | | planning committee. If the proposals are not approved by the | 20 | | committee, or are opposed by resolution of the corporate | 21 | | authorities of an affected municipality having a municipal | 22 | | stormwater management plan, amendment of the plan shall require | 23 | | an affirmative vote of at least two-thirds of the county board | 24 | | members present and voting. | 25 | | (g) The county board may prescribe by ordinance reasonable | 26 | | 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 | | Land, facilities, and drainage district facilities used for | 5 | | production agriculture as defined in subsection (d) shall not | 6 | | be subjected to regulation by the county board or stormwater | 7 | | management committee under this Section for floodplain | 8 | | management and for governing location, width, course, | 9 | | maintenance, and release rate of stormwater runoff channels, | 10 | | streams and basins, or water discharged from a drainage | 11 | | district. These rules and regulations shall, at a minimum, meet | 12 | | the standards for floodplain management established by the | 13 | | Office of Water Resources and the requirements of the Federal | 14 | | Emergency Management Agency for participation in the National | 15 | | Flood Insurance Program. The Commission may not impose more | 16 | | stringent regulations regarding water quality on entities | 17 | | discharging in accordance with a valid National Pollution | 18 | | Discharge Elimination System permit issued under the | 19 | | Environmental Protection Act. | 20 | | (h) In accordance with, and if recommended in, the adopted | 21 | | stormwater management plan, the county board may adopt a | 22 | | schedule of fees as may be necessary to mitigate the effects of | 23 | | increased stormwater runoff resulting from new development | 24 | | based on actual costs. The fees shall not exceed the cost of | 25 | | satisfying the onsite stormwater retention or detention | 26 | | requirements of the adopted stormwater management plan. The |
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| 1 | | fees shall be used to finance activities undertaken by the | 2 | | county or its included municipalities to mitigate the effects | 3 | | of urban stormwater runoff by providing regional stormwater | 4 | | retention or detention facilities, as identified in the county | 5 | | plan. The county board shall provide for a credit or reduction | 6 | | in fees for any onsite retention, detention, drainage district | 7 | | assessments, or other similar stormwater facility that the | 8 | | developer is required to construct consistent with the | 9 | | stormwater management ordinance. All these fees collected by | 10 | | the county shall be held in a separate fund, and shall be | 11 | | expended only in the watershed within which they were | 12 | | collected. | 13 | | (i) For the purpose of implementing this Section and for | 14 | | the development, design, planning, construction, operation, | 15 | | and maintenance of stormwater facilities provided for in the | 16 | | stormwater management plan, a county board that has established | 17 | | a stormwater management planning committee pursuant to this | 18 | | Section may cause an annual tax of not to exceed 0.20% of the | 19 | | value, as equalized or assessed by the Department of Revenue, | 20 | | of all taxable property in the county to be levied upon all the | 21 | | taxable property in the county or occupation and use taxes of | 22 | | 1/10 of one cent. The property tax shall be in addition to all | 23 | | other taxes authorized by law to be levied and collected in the | 24 | | county and shall be in addition to the maximum tax rate | 25 | | authorized by law for general county purposes. The 0.20% | 26 | | limitation provided in this Section may be increased or |
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| 1 | | decreased by referendum in accordance with the provisions of | 2 | | Sections 18-120, 18-125, and 18-130 of the Property Tax Code | 3 | | (35 ILCS 200/). | 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 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, the tax authorized by this subsection shall not be | 10 | | levied until the question of its adoption, either for a | 11 | | specified period or indefinitely, has been submitted to the | 12 | | electors thereof and approved by a majority of those voting on | 13 | | the question. This question may be submitted at any election | 14 | | held in the county after the adoption of a resolution by the | 15 | | county board providing for the submission of the question to | 16 | | the electors of the county. The county board shall certify the | 17 | | resolution and proposition to the proper election officials, | 18 | | who shall submit the proposition at an election in accordance | 19 | | with the general election law. If a majority of the votes cast | 20 | | on the question is in favor of the levy of the tax, it may | 21 | | thereafter be levied in the county for the specified period or | 22 | | indefinitely, as provided in the proposition. The question | 23 | | shall be put in substantially the following form: | 24 | | Shall an annual tax be levied
for stormwater management | 25 | | purposes (for a period of not more than ..... years) at a | 26 | | rate not exceeding
.....% of the equalized assessed
value |
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| 1 | | of the taxable property of ..... County?
| 2 | | Or this question may be submitted at any election held in the | 3 | | county after the adoption of a resolution by the county board | 4 | | providing for the submission of the question to the electors of | 5 | | the county to authorize use and occupation taxes of 1/10 of one | 6 | | cent: | 7 | | Shall use and occupation taxes be raised for stormwater | 8 | | management purposes (for a period of not more than ..... | 9 | | years) at a rate of 1/10 of one cent for taxable goods in | 10 | | ..... County? | 11 | | Votes shall be recorded as Yes or No.
| 12 | | (j) For those counties that adopt a property tax in | 13 | | accordance with the provisions in this Section, the stormwater | 14 | | management committee shall offer property tax abatements or | 15 | | incentive payments to property owners who construct, maintain, | 16 | | and use approved stormwater management devices. For those | 17 | | counties that adopt use and occupation taxes in accordance with | 18 | | the provisions of this Section, the stormwater management | 19 | | committee may offer tax rebates or incentive payments to | 20 | | property owners who construct, maintain, and use approved | 21 | | stormwater management devices.
The stormwater management | 22 | | committee is authorized to offer credits to the property tax, | 23 | | if applicable, based on authorized practices consistent with | 24 | | the stormwater management plan and approved by the committee. | 25 | | Expenses of staff of a stormwater management committee that are | 26 | | expended on regulatory project review may be no more than 20% |
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| 1 | | of the annual budget of the committee, including funds raised | 2 | | under subsections (h) and (i). | 3 | | (k) Any county that has adopted a county stormwater | 4 | | management plan under this Section may, after 10 days written | 5 | | notice receiving consent of the owner or occupant, enter upon | 6 | | any lands or waters within the county for the purpose of | 7 | | inspecting stormwater facilities or causing the removal of any | 8 | | obstruction to an affected watercourse. If consent is denied or | 9 | | cannot be reasonably obtained, the county ordinance shall | 10 | | provide a process or procedure for an administrative warrant to | 11 | | be obtained. The county shall be responsible for any damages | 12 | | occasioned thereby. | 13 | | (l) Upon petition of the municipality, and based on a | 14 | | finding of the stormwater management planning committee, the | 15 | | county shall not enforce rules and regulations adopted by the | 16 | | county in any municipality located wholly or partly within the | 17 | | county that has a municipal stormwater management ordinance | 18 | | that is consistent with and at least as stringent as the county | 19 | | plan and ordinance, and is being enforced by the municipal | 20 | | authorities. On issues that the county ordinance is more | 21 | | stringent as deemed by the committee, the county shall only | 22 | | enforce rules and regulations adopted by the county on the more | 23 | | stringent issues and accept municipal permits. The county shall | 24 | | have no more than 60 days to review permits or the permits | 25 | | shall be deemed approved. | 26 | | (m) 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 does 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 | | (n) 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 | | (o) 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 | | (Source: P.A. 94-675, eff. 8-23-05.)".
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