Public Act 095-0669
 
SB0599 Enrolled LRB095 04911 HLH 24977 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Section 7h as follows:
 
    (70 ILCS 2605/7h)
    Sec. 7h. Stormwater management.
    (a) Stormwater management in Cook County shall be under the
general supervision of the Metropolitan Water Reclamation
District of Greater Chicago. The District has the authority to
plan, manage, implement, and finance activities relating to
stormwater management in Cook County. The authority of the
District with respect to stormwater management extends
throughout Cook County and is not limited to the area otherwise
within the territory and jurisdiction of the District under
this Act.
    For the purposes of this Section, the term "stormwater
management" includes, without limitation, the management of
floods and floodwaters.
    (b) The District may utilize the resources of cooperating
local watershed councils (including the stormwater management
planning councils created under Section 5-1062.1 of the
Counties Code), councils of local governments, the
Northeastern Illinois Planning Commission, and similar
organizations and agencies. The District may provide those
organizations and agencies with funding, on a contractual
basis, for providing information to the District, providing
information to the public, or performing other activities
related to stormwater management.
    The District, in addition to other powers vested in it, may
negotiate and enter into agreements with any county for the
management of stormwater runoff in accordance with subsection
(c) of Section 5-1062 of the Counties Code.
    The District may enter into intergovernmental agreements
with Cook County or other units of local government that are
located in whole or in part outside the District for the
purpose of implementing the stormwater management plan and
providing stormwater management services in areas not included
within the territory of the District.
    (c) The District shall prepare and adopt by ordinance a
countywide stormwater management plan for Cook County. The
countywide plan may incorporate one or more separate watershed
plans.
    Prior to adopting the countywide stormwater management
plan, the District shall hold at least one public hearing
thereon and shall afford interested persons an opportunity to
be heard.
    (d) The District may prescribe by ordinance reasonable
rules and regulations for floodplain and stormwater management
and for governing the location, width, course, and release rate
of all stormwater runoff channels, streams, and basins in Cook
County, in accordance with the adopted stormwater management
plan. These rules and regulations shall, at a minimum, meet the
standards for floodplain management established by the Office
of Water Resources of the Department of Natural Resources and
the requirements of the Federal Emergency Management Agency for
participation in the National Flood Insurance Program.
    (e) The District may impose fees on areas outside the
District but within Cook County for performance of stormwater
management services, including but not limited to, maintenance
of streams and the development, design, planning,
construction, operation and maintenance of stormwater
facilities. The total amount of the fees collected from areas
outside of the District but within Cook County shall not exceed
the District's annual tax rate for stormwater management within
the District multiplied by the aggregate equalized assessed
valuation of areas outside of the District but within Cook
County. The District may require the unit of local government
in which the stormwater services are performed to collect the
fee and remit the collected fee to the District. The District
is authorized to pay a reasonable administrative fee to the
unit of local government for the collection of these fees. to
mitigate the effects of increased stormwater runoff resulting
from new development. The fees shall not exceed the cost of
satisfying the onsite stormwater retention or detention
requirements of the adopted stormwater management plan. The
fees shall be used to finance activities undertaken by the
District or units of local government within the District to
mitigate the effects of urban stormwater runoff by providing
regional stormwater retention or detention facilities, as
identified in the plan. All such fees collected by the District
shall be held in a separate fund and used for implementation of
this Section.
    (f) Amounts realized from the tax levy for stormwater
management purposes authorized in Section 12 may be used by the
District for implementing this Section and for the development,
design, planning, construction, operation, and maintenance of
regional stormwater facilities provided for in the stormwater
management plan.
    The proceeds of any tax imposed under Section 12 for
stormwater management purposes and any revenues generated as a
result of the ownership or operation of facilities or land
acquired with the proceeds of taxes imposed under Section 12
for stormwater management purposes shall be held in a separate
fund and used either for implementing this Section or to abate
those taxes.
    (g) The District may plan, implement, finance, and operate
regional stormwater management projects in accordance with the
adopted countywide stormwater management plan.
    The District shall provide for public review and comment on
proposed stormwater management projects. The District shall
conform to State and federal requirements concerning public
information, environmental assessments, and environmental
impacts for projects receiving State or federal funds.
    The District may issue bonds under Section 9.6a of this Act
for the purpose of funding stormwater management projects.
    The District shall not use Cook County Forest Preserve
District land for stormwater or flood control projects without
the consent of the Forest Preserve District.
    (h) Upon the creation and implementation of a county
stormwater management plan, the District may petition the
circuit court to dissolve any or all drainage districts created
pursuant to the Illinois Drainage Code or predecessor Acts that
are located entirely within the District.
    However, any active drainage district implementing a plan
that is consistent with and at least as stringent as the county
stormwater management plan may petition the District for
exception from dissolution. Upon filing of the petition, the
District shall set a date for hearing not less than 2 weeks,
nor more than 4 weeks, from the filing thereof, and the
District shall give at least one week's notice of the hearing
in one or more newspapers of general circulation within the
drainage district, and in addition shall cause a copy of the
notice to be personally served upon each of the trustees of the
drainage district. At the hearing, the District shall hear the
drainage district's petition and allow the drainage district
trustees and any interested parties an opportunity to present
oral and written evidence. The District shall render its
decision upon the petition for exception from dissolution based
upon the best interests of the residents of the drainage
district. In the event that the exception is not allowed, the
drainage district may file a petition with the circuit court
within 30 days of the decision. In that case, the notice and
hearing requirements for the court shall be the same as
provided in this subsection for the petition to the District.
The court shall render its decision of whether to dissolve the
district based upon the best interests of the residents of the
drainage district.
    The dissolution of a drainage district shall not affect the
obligation of any bonds issued or contracts entered into by the
drainage district nor invalidate the levy, extension, or
collection of any taxes or special assessments upon the
property in the former drainage district. All property and
obligations of the former drainage district shall be assumed
and managed by the District, and the debts of the former
drainage district shall be discharged as soon as practicable.
    If a drainage district lies only partly within the
District, the District may petition the circuit court to
disconnect from the drainage district that portion of the
drainage district that lies within the District. The property
of the drainage district within the disconnected area shall be
assumed and managed by the District. The District shall also
assume a portion of the drainage district's debt at the time of
disconnection, based on the portion of the value of the taxable
property of the drainage district which is located within the
area being disconnected.
    A drainage district that continues to exist within Cook
County shall conform its operations to the countywide
stormwater management plan.
    (i) The District may assume responsibility for maintaining
any stream within Cook County.
    (j) The District may, after 10 days written notice to the
owner or occupant, enter upon any lands or waters within the
county for the purpose of inspecting stormwater facilities or
causing the removal of any obstruction to an affected
watercourse. The District shall be responsible for any damages
occasioned thereby.
    (k) The District shall report to the public annually on its
activities and expenditures under this Section and the adopted
countywide stormwater management plan.
    (l) The powers granted to the District under this Section
are in addition to the other powers granted under this Act.
This Section does not limit the powers of the District under
any other provision of this Act or any other law.
    (m) This Section does not affect the power or duty of any
unit of local government to take actions relating to flooding
or stormwater, so long as those actions conform with this
Section and the plans, rules, and ordinances adopted by the
District under this Section.
    A home rule unit located in whole or in part in Cook County
(other than a municipality with a population over 1,000,000)
may not regulate stormwater management or planning in Cook
County in a manner inconsistent with this Section or the plans,
rules, and ordinances adopted by the District under this
Section; provided, within a municipality with a population over
1,000,000, the stormwater management planning program of Cook
County shall be conducted by that municipality or, to the
extent provided in an intergovernmental agreement between the
municipality and the District, by the District pursuant to this
Section; provided further that the power granted to such
municipality shall not be inconsistent with existing powers of
the District. Pursuant to paragraph (i) of Section 6 of Article
VII of the Illinois Constitution, this Section specifically
denies and limits the exercise of any power that is
inconsistent with this Section by a home rule unit that is a
county with a population of 1,500,000 or more or is located, in
whole or in part, within such a county, other than a
municipality with a population over 1,000,000.
(Source: P.A. 93-1049, eff. 11-17-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/10/2007