HB1551sam003 98TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 11/4/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1551

2    AMENDMENT NO. ______. Amend House Bill 1551, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Metropolitan Water Reclamation District
6Act is amended by changing Sections 3, 7h, and 9.6c as follows:
 
7    (70 ILCS 2605/3)  (from Ch. 42, par. 322)
8    Sec. 3. The corporate authority of the Sanitary District of
9Chicago shall consist of nine trustees. Such trustees shall be
10elected for staggered terms at the election provided by the
11general election law. Three trustees shall be elected at each
12such election to succeed the 3 trustees whose terms expire in
13such year.
14    Such trustees shall take office on the first Tuesday after
15the first Monday in the month following the month of their
16election and shall hold their offices for six years and until

 

 

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1their successors shall be elected and qualified. In all
2elections for trustees each elector may vote for as many
3candidates as there are trustees to be elected, but no elector
4may give to such candidates more than one vote, it being the
5intent and purpose of this Act to prohibit cumulative voting in
6the selection of members of the board of the sanitary district.
7    The election of trustees shall be in accordance with the
8provisions of the general election law.
9    By reason of the importance and character of the services
10performed by the sanitary district, there is a great need and
11it is in the public interest that such services be performed in
12as near a non-partisan character as possible.
13    When a vacancy exists in the office of trustees of any
14sanitary district organized under the provisions hereof, the
15vacancy shall be filled by appointment by the Governor until
16the next regular election at which trustees of the Sanitary
17District of Chicago are elected, and thereafter until a
18successor shall be elected and qualified.
19    Such sanitary district shall from the time of the first
20election held by it under this Act be construed in all courts
21to be a body corporate and politic, and by the name and style
22of the sanitary district of...., and by such name and style may
23sue and be sued, contract and be contracted with, acquire and
24hold real estate and personal property necessary for corporate
25purposes, make and receive grants, and adopt a common seal and
26alter the same at pleasure.

 

 

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1    The board of trustees shall have the power to change the
2name of the Sanitary District of Chicago by ordinance and
3public notice without impairing the legal status of acts
4theretofore performed by said district. Thereafter any and all
5references to the Sanitary District of Chicago in this Act or
6otherwise shall mean and include the name under which such
7sanitary district is then operating. No rights, duties or
8privilege of such a sanitary district, or those of any person,
9existing before the change of name shall be affected by a
10change, in the name of a sanitary district. All proceedings
11pending in any court in favor of or against such sanitary
12district may continue to final consummation under the name in
13which they were commenced.
14(Source: P.A. 83-345.)
 
15    (70 ILCS 2605/7h)
16    Sec. 7h. Stormwater management.
17    (a) Stormwater management in Cook County shall be under the
18general supervision of the Metropolitan Water Reclamation
19District of Greater Chicago. The District has the authority to
20plan, manage, implement, and finance activities relating to
21stormwater management in Cook County. The authority of the
22District with respect to stormwater management extends
23throughout Cook County and is not limited to the area otherwise
24within the territory and jurisdiction of the District under
25this Act.

 

 

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1    For the purposes of this Section, the term "stormwater
2management" includes, without limitation, the management of
3floods and floodwaters.
4    (b) The District may utilize the resources of cooperating
5local watershed councils (including the stormwater management
6planning councils created under Section 5-1062.1 of the
7Counties Code), councils of local governments, the
8Northeastern Illinois Planning Commission, and similar
9organizations and agencies. The District may provide those
10organizations and agencies with funding, on a contractual
11basis, for providing information to the District, providing
12information to the public, or performing other activities
13related to stormwater management.
14    The District, in addition to other powers vested in it, may
15negotiate and enter into agreements with any county for the
16management of stormwater runoff in accordance with subsection
17(c) of Section 5-1062 of the Counties Code.
18    The District may enter into intergovernmental agreements
19with Cook County or other units of local government that are
20located in whole or in part outside the District for the
21purpose of implementing the stormwater management plan and
22providing stormwater management services in areas not included
23within the territory of the District.
24    (c) The District shall prepare and adopt by ordinance a
25countywide stormwater management plan for Cook County. The
26countywide plan may incorporate one or more separate watershed

 

 

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1plans.
2    Prior to adopting the countywide stormwater management
3plan, the District shall hold at least one public hearing
4thereon and shall afford interested persons an opportunity to
5be heard.
6    (d) The District may prescribe by ordinance reasonable
7rules and regulations for floodplain and stormwater management
8and for governing the location, width, course, and release rate
9of all stormwater runoff channels, streams, and basins in Cook
10County, in accordance with the adopted stormwater management
11plan. These rules and regulations shall, at a minimum, meet the
12standards for floodplain management established by the Office
13of Water Resources of the Department of Natural Resources and
14the requirements of the Federal Emergency Management Agency for
15participation in the National Flood Insurance Program.
16    (e) The District may impose fees on areas outside the
17District but within Cook County for performance of stormwater
18management services, including but not limited to, maintenance
19of streams and the development, design, planning,
20construction, operation and maintenance of stormwater
21facilities. The total amount of the fees collected from areas
22outside of the District but within Cook County shall not exceed
23the District's annual tax rate for stormwater management within
24the District multiplied by the aggregate equalized assessed
25valuation of areas outside of the District but within Cook
26County. The District may require the unit of local government

 

 

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1in which the stormwater services are performed to collect the
2fee and remit the collected fee to the District. The District
3is authorized to pay a reasonable administrative fee to the
4unit of local government for the collection of these fees. All
5such fees collected by the District shall be held in a separate
6fund and used for implementation of this Section.
7    (f) Amounts realized from the tax levy for stormwater
8management purposes authorized in Section 12 may be used by the
9District for implementing this Section and for the development,
10design, planning, construction, operation, and maintenance of
11regional and local stormwater facilities provided for in the
12stormwater management plan.
13    The proceeds of any tax imposed under Section 12 for
14stormwater management purposes and any revenues generated as a
15result of the ownership or operation of facilities or land
16acquired with the proceeds of taxes imposed under Section 12
17for stormwater management purposes shall be held in a separate
18fund and used either for implementing this Section or to abate
19those taxes.
20    (g) The District may plan, implement, finance, and operate
21regional and local stormwater management projects in
22accordance with the adopted countywide stormwater management
23plan. The District may issue or receive grants or loans in such
24amounts, at such times, and for such purposes as the District
25deems necessary and desirable for the planning, financing, and
26construction of regional and local stormwater management

 

 

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1activities.
2    The District shall provide for public review and comment on
3proposed stormwater management projects. The District shall
4conform to State and federal requirements concerning public
5information, environmental assessments, and environmental
6impacts for projects receiving State or federal funds.
7    The District may issue bonds under Section 9.6a of this Act
8for the purpose of funding stormwater management projects.
9    The District shall not use Cook County Forest Preserve
10District land for stormwater or flood control projects without
11the consent of the Forest Preserve District.
12    The District may acquire, by purchase or otherwise, real
13property in furtherance of its regional and local stormwater
14management activities.
15    (h) Upon the creation and implementation of a county
16stormwater management plan, the District may petition the
17circuit court to dissolve any or all drainage districts created
18pursuant to the Illinois Drainage Code or predecessor Acts that
19are located entirely within the District.
20    However, any active drainage district implementing a plan
21that is consistent with and at least as stringent as the county
22stormwater management plan may petition the District for
23exception from dissolution. Upon filing of the petition, the
24District shall set a date for hearing not less than 2 weeks,
25nor more than 4 weeks, from the filing thereof, and the
26District shall give at least one week's notice of the hearing

 

 

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1in one or more newspapers of general circulation within the
2drainage district, and in addition shall cause a copy of the
3notice to be personally served upon each of the trustees of the
4drainage district. At the hearing, the District shall hear the
5drainage district's petition and allow the drainage district
6trustees and any interested parties an opportunity to present
7oral and written evidence. The District shall render its
8decision upon the petition for exception from dissolution based
9upon the best interests of the residents of the drainage
10district. In the event that the exception is not allowed, the
11drainage district may file a petition with the circuit court
12within 30 days of the decision. In that case, the notice and
13hearing requirements for the court shall be the same as
14provided in this subsection for the petition to the District.
15The court shall render its decision of whether to dissolve the
16district based upon the best interests of the residents of the
17drainage district.
18    The dissolution of a drainage district shall not affect the
19obligation of any bonds issued or contracts entered into by the
20drainage district nor invalidate the levy, extension, or
21collection of any taxes or special assessments upon the
22property in the former drainage district. All property and
23obligations of the former drainage district shall be assumed
24and managed by the District, and the debts of the former
25drainage district shall be discharged as soon as practicable.
26    If a drainage district lies only partly within the

 

 

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1District, the District may petition the circuit court to
2disconnect from the drainage district that portion of the
3drainage district that lies within the District. The property
4of the drainage district within the disconnected area shall be
5assumed and managed by the District. The District shall also
6assume a portion of the drainage district's debt at the time of
7disconnection, based on the portion of the value of the taxable
8property of the drainage district which is located within the
9area being disconnected.
10    A drainage district that continues to exist within Cook
11County shall conform its operations to the countywide
12stormwater management plan.
13    (i) The District may assume responsibility for maintaining
14any stream within Cook County.
15    (j) The District may, after 10 days written notice to the
16owner or occupant, enter upon any lands or waters within the
17county for the purpose of inspecting stormwater facilities or
18causing the removal of any obstruction to an affected
19watercourse. The District shall be responsible for any damages
20occasioned thereby.
21    (k) The District shall report to the public annually on its
22activities and expenditures under this Section and the adopted
23countywide stormwater management plan.
24    (l) The powers granted to the District under this Section
25are in addition to the other powers granted under this Act.
26This Section does not limit the powers of the District under

 

 

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1any other provision of this Act or any other law.
2    (m) This Section does not affect the power or duty of any
3unit of local government to take actions relating to flooding
4or stormwater, so long as those actions conform with this
5Section and the plans, rules, and ordinances adopted by the
6District under this Section.
7    A home rule unit located in whole or in part in Cook County
8(other than a municipality with a population over 1,000,000)
9may not regulate stormwater management or planning in Cook
10County in a manner inconsistent with this Section or the plans,
11rules, and ordinances adopted by the District under this
12Section; provided, within a municipality with a population over
131,000,000, the stormwater management planning program of Cook
14County shall be conducted by that municipality or, to the
15extent provided in an intergovernmental agreement between the
16municipality and the District, by the District pursuant to this
17Section; provided further that the power granted to such
18municipality shall not be inconsistent with existing powers of
19the District. Pursuant to paragraph (i) of Section 6 of Article
20VII of the Illinois Constitution, this Section specifically
21denies and limits the exercise of any power that is
22inconsistent with this Section by a home rule unit that is a
23county with a population of 1,500,000 or more or is located, in
24whole or in part, within such a county, other than a
25municipality with a population over 1,000,000.
26(Source: P.A. 95-669, eff. 10-10-07.)
 

 

 

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1    (70 ILCS 2605/9.6c)
2    Sec. 9.6c. Local Government Assistance Program; bonds.
3    (a) The General Assembly finds that governmental units
4located within the boundaries of the district require
5assistance in financing the cost of repair, replacement,
6reconstruction, and rehabilitation of local sewer collection
7systems and connections thereto to reduce certain excessive
8sanitary sewer groundwater inflows; that such inflows
9ultimately result in increased need for treatment and storage
10facilities of the district; and that the district, in the
11discretion of its commissioners, advantageously may provide
12loan funds for such purposes.
13    (b) For purposes of this Section, the following terms shall
14have the meanings set forth, as follows:
15        The following terms shall have the meanings given to
16    them in the Local Government Debt Reform Act: (A)
17    "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
18    "general obligation bonds"; (E) "governmental unit"; (F)
19    "ordinance"; and (G) "revenue source".
20        "Assistance bonds" means the bonds to be issued by the
21    district to provide funds for the program as authorized in
22    subsection (f) of this Section.
23        "Assistance program" means the program authorized in
24    this Section by which the district may make loans to local
25    governmental units for any one or more of the following

 

 

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1    undertaken with respect to the repair, replacement,
2    reconstruction, and rehabilitation of local sewer
3    collection systems: preliminary planning, engineering,
4    architectural, legal, fiscal or economic investigations or
5    studies, surveys, designs, plans, working drawings,
6    specifications, procedures or other necessary actions,
7    erection, building acquisition, alteration, remodeling, or
8    improvement of such collection systems, or the inspection
9    or supervision of any of the foregoing.
10        "Loan" means a loan made by the district to a local
11    governmental unit under the assistance program.
12        "Local governmental unit" means a governmental unit
13    within the boundaries of the district.
14        "Reconstruction" shall include the construction of
15    totally new lines or systems if reasonably designed to
16    replace obsolete lines or systems.
17    (c) The commissioners may establish an assistance program.
18    (d) The commissioners are authorized to do any one or more
19of the following with respect to the assistance program:
20        (1) Establish the assistance program as a use or
21    appropriation within the corporate fund of the district.
22        (2) Make and accept Accept grants, borrow funds, and
23    appropriate lawfully available funds for the purpose of
24    funding the assistance program.
25        (3) Make the loans as provided in subsection (e).
26        (4) Enforce loans with all available remedies as any

 

 

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1    governmental unit or private person might have with respect
2    to such loans.
3    (e) The district shall have the power to make loans and
4local governmental units shall have the power to obtain loans
5from the district, but only if authorized to borrow under such
6powers as may be granted to such local governmental units under
7other applicable law. This Section does not grant local
8governmental units separate borrowing power. If authorized to
9issue bonds under such applicable law, however, the form of the
10borrowing may be such as the district and the local
11governmental unit may agree, including, without limitation, a
12loan agreement made between the district and local governmental
13unit to evidence the bond. Any such loan agreement shall state
14the statutory authority under applicable law for the bond it
15represents but otherwise need not be in any specific form. The
16district shall have all rights and remedies available to the
17holder of a bond otherwise issued in the form provided for same
18under applicable law and also such rights and remedies as may
19be additionally available under subsection (d)(4) of this
20Section. The loans may be made upon such terms and at such
21rates, including expressly below market rates, representing a
22subsidy of funds from the district to the local governmental
23units, as the district may specify in the loan agreements.
24    (f) The district may borrow money and issue its assistance
25bonds under this Section 9.6c for the purpose of funding the
26assistance program, which bonds shall be alternate revenue

 

 

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1bonds payable from any lawfully available revenue source,
2including without limitation receipts from the loans.
3Assistance bonds shall not be subject to any referendum
4requirement and shall not be treated as indebtedness under any
5applicable provision of law setting forth a limitation upon or
6requirement with respect to the legal indebtedness of the
7district.
8(Source: P.A. 90-690, eff. 7-31-98.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".