96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2417


 
Introduced 2/19/2009, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		













35 ILCS 200/27-91 new










    Amends the Property Tax Code.  Provides that a municipality may establish a special service area for the purpose of repairing, reconstructing, or maintaining a stormwater-detention facility.  Provides that a public hearing with respect to those special service areas must include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance.  Provides that certain special service areas for stormwater-detention facilities are not subject to objection-petition requirements.  Effective immediately.
















LRB096 03838 HLH 13871 b

















FISCAL NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2417

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    AN ACT concerning revenue.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Property Tax Code is amended  by adding 
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Section 27-91 as follows:
 
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    (35 ILCS 200/27-91  new)
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    Sec. 27-91. Special service area for privately owned 
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stormwater-detention facilities.
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    (a) If a privately owned or maintained 
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stormwater-detention facility serves a detention watershed 
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that lies within the corporate limits of a municipality, then 
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the corporate authorities of the municipality may propose a 
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special service area for the purpose of repairing, 
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reconstructing, or maintaining that stormwater-detention 
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facility. The proposed special service area must be comprised 
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of the territory within the detention watershed.
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    (b) A special service area under this Section must be 
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established under the procedures set forth under this Article 
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27 with the following exceptions: 
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        (1) the public hearing required under Section 27-35 
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    must also include a determination of whether the 
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    stormwater-detention facility is in need of the repair, 
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    reconstruction, or maintenance; and 
 


 






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        (2) unless there exists, in good standing, a 
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    homeowners' association that has a legal obligation to 
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    perform the repair, reconstruction, or maintenance,  the 
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    proposal is not subject to the objection-petition 
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    procedures under Section 27-55 or the disconnection 
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    procedures under Section 27-60. 
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    (c) If, as a result of the public hearing, the corporate 
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authorities determine that the stormwater-detention facility 
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is in need of the repair, reconstruction, or maintenance, then 
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the corporate authorities may proceed to establish the special 
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service area. The municipality may authorize its agents and 
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independent contractors to undertake the repair, 
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reconstruction, or maintenance and take all other permissible 
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action under this Law. 
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    (d) For the purposes of this Section: 
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    "Stormwater-detention facility" means any man-made 
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structure or arrangement of earth for the temporary or 
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permanent storage of stormwater runoff with controlled release 
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of the stormwater during or following a flood or storm for the 
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purpose of mitigating downstream flooding or protecting 
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structures from flooding. The term "stormwater-detention 
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facility" includes any detention basin, retention basin, or any 
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other wet or dry catchment area that releases stormwater more 
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slowly than would otherwise occur if the stormwater were 
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allowed to flow freely in any given watershed. 
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    "Detention basin" means any stormwater-detention facility 
 


 






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designed to drain completely after temporary storage of 
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stormwater flows and to normally be dry over the majority of 
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its bottom area. 
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    "Retention basin" means any stormwater-detention facility 
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designed to maintain a permanent pool of water within the basin 
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after the temporary storage of stormwater runoff. 
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    "Detention watershed" means the geographical area for 
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which the stormwater-detention facility: (i) was designed to 
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contain and control the increased stormwater discharge likely 
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to be caused by new development within a subdivision or planned 
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unit development; and (ii) was included as part of the approved 
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stormwater management plan for the subdivision or development. 
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.