SB1910 Enrolled LRB094 10044 AJO 40302 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     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 the metropolitan counties of Madison, St. Clair,
11 Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
12 and references to "county" in this Section apply only to those
13 counties. This Section does not apply to counties in the
14 Northeastern Illinois Planning Commission that are granted
15 authorities in Section 5-1062. The purpose of this Section
16 shall be achieved by:
17         (1) Consolidating the existing stormwater management
18     framework into a united, countywide structure.
19         (2) Setting minimum standards for floodplain and
20     stormwater management.
21         (3) Preparing a countywide plan for the management of
22     stormwater runoff, including the management of natural and
23     man-made drainageways. The countywide plan may incorporate
24     watershed plans.
25     (b) A stormwater management planning committee may be
26 established by county board resolution, with its membership
27 consisting of equal numbers of county board and municipal
28 representatives from each county board district, and such other
29 members as may be determined by the county and municipal
30 members. If the county has more than 6 county board districts,
31 however, the county board may by ordinance divide the county
32 into not less than 6 areas of approximately equal population,

 

 

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1 to be used instead of county board districts for the purpose of
2 determining representation on the stormwater management
3 planning committee.
4     The county board members shall be appointed by the chairman
5 of the county board. Municipal members from each county board
6 district or other represented area shall be appointed by a
7 majority vote of the mayors of those municipalities that have
8 the greatest percentage of their respective populations
9 residing in that county board district or other represented
10 area. All municipal and county board representatives shall be
11 entitled to a vote; the other members shall be nonvoting
12 members, unless authorized to vote by the unanimous consent of
13 the municipal and county board representatives. A municipality
14 that is located in more than one county may choose, at the time
15 of formation of the stormwater management planning committee
16 and based on watershed boundaries, to participate in the
17 stormwater management planning program of either or both of the
18 counties. Subcommittees of the stormwater management planning
19 committee may be established to serve a portion of the county
20 or a particular drainage basin that has similar stormwater
21 management needs. The stormwater management planning committee
22 shall adopt bylaws, by a majority vote of the county and
23 municipal members, to govern the functions of the committee and
24 its subcommittees. Officers of the committee shall include a
25 chair and vice chair, one of whom shall be a county
26 representative and one a municipal representative.
27     The principal duties of the committee shall be to develop a
28 stormwater management plan for presentation to and approval by
29 the county board, and to direct the plan's implementation and
30 revision. The committee may retain engineering, legal, and
31 financial advisors and inspection personnel. The committee
32 shall meet at least quarterly and shall hold at least one
33 public meeting during the preparation of the plan and prior to
34 its submittal to the county board. The committee may make
35 grants to units of local government that have adopted an
36 ordinance requiring actions consistent with the stormwater

 

 

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1 management plan and to landowners for the purposes of
2 stormwater management, including special projects; use of the
3 grant money must be consistent with the stormwater management
4 plan.
5     The committee shall not have or exercise any power of
6 eminent domain.
7     (c) In the preparation of a stormwater management plan, a
8 county stormwater management planning committee shall
9 coordinate the planning process with each adjoining county to
10 ensure that recommended stormwater projects will have no
11 significant impact on the levels or flows of stormwaters in
12 inter-county watersheds or on the capacity of existing and
13 planned stormwater retention facilities. An adopted stormwater
14 management plan shall identify steps taken by the county to
15 coordinate the development of plan recommendations with
16 adjoining counties.
17     (d) The stormwater management committee may not enforce any
18 rules or regulations that would interfere with (i) any power
19 granted by the Illinois Drainage Code (70 ILCS 605/) to
20 operate, construct, maintain, or improve drainage systems or
21 (ii) the ability to operate, maintain, or improve the drainage
22 systems used on or by land or a facility used for production
23 agriculture purposes, as defined in the Use Tax Act (35 ILCS
24 105/), except newly constructed buildings and newly installed
25 impervious paved surfaces. Disputes regarding an exception
26 shall be determined by a mutually agreed upon arbitrator paid
27 by the disputing party or parties.
28     (e) Before the stormwater management planning committee
29 recommends to the county board a stormwater management plan for
30 the county or a portion thereof, it shall submit the plan to
31 the Office of Water Resources of the Department of Natural
32 Resources for review and recommendations. The Office, in
33 reviewing the plan, shall consider such factors as impacts on
34 the levels or flows in rivers and streams and the cumulative
35 effects of stormwater discharges on flood levels. The Office of
36 Water Resources shall determine whether the plan or ordinances

 

 

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1 enacted to implement the plan complies with the requirements of
2 subsection (f). Within a period not to exceed 60 days, the
3 review comments and recommendations shall be submitted to the
4 stormwater management planning committee for consideration.
5 Any amendments to the plan shall be submitted to the Office for
6 review.
7     (f) Prior to recommending the plan to the county board, the
8 stormwater management planning committee shall hold at least
9 one public hearing thereon and shall afford interested persons
10 an opportunity to be heard. The hearing shall be held in the
11 county seat. Notice of the hearing shall be published at least
12 once no less than 15 days in advance of the hearing in a
13 newspaper of general circulation published in the county. The
14 notice shall state the time and place of the hearing and the
15 place where copies of the proposed plan will be accessible for
16 examination by interested parties. If an affected municipality
17 having a stormwater management plan adopted by ordinance wishes
18 to protest the proposed county plan provisions, it shall appear
19 at the hearing and submit in writing specific proposals to the
20 stormwater management planning committee. After consideration
21 of the matters raised at the hearing, the committee may amend
22 or approve the plan and recommend it to the county board for
23 adoption.
24     The county board may enact the proposed plan by ordinance.
25 If the proposals for modification of the plan made by an
26 affected municipality having a stormwater management plan are
27 not included in the proposed county plan, and the municipality
28 affected by the plan opposes adoption of the county plan by
29 resolution of its corporate authorities, approval of the county
30 plan shall require an affirmative vote of at least two-thirds
31 of the county board members present and voting. If the county
32 board wishes to amend the county plan, it shall submit in
33 writing specific proposals to the stormwater management
34 planning committee. If the proposals are not approved by the
35 committee, or are opposed by resolution of the corporate
36 authorities of an affected municipality having a municipal

 

 

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1 stormwater management plan, amendment of the plan shall require
2 an affirmative vote of at least two-thirds of the county board
3 members present and voting.
4     (g) The county board may prescribe by ordinance reasonable
5 rules and regulations for floodplain management and for
6 governing the location, width, course, and release rate of all
7 stormwater runoff channels, streams, and basins in the county,
8 in accordance with the adopted stormwater management plan.
9 Land, facilities, and drainage district facilities used for
10 production agriculture as defined in subsection (d) shall not
11 be subjected to regulation by the county board or stormwater
12 management committee under this Section for floodplain
13 management and for governing location, width, course,
14 maintenance, and release rate of stormwater runoff channels,
15 streams and basins, or water discharged from a drainage
16 district. These rules and regulations shall, at a minimum, meet
17 the standards for floodplain management established by the
18 Office of Water Resources and the requirements of the Federal
19 Emergency Management Agency for participation in the National
20 Flood Insurance Program. The Commission may not impose more
21 stringent regulations regarding water quality on entities
22 discharging in accordance with a valid National Pollution
23 Discharge Elimination System permit issued under the
24 Environmental Protection Act.
25     (h) In accordance with, and if recommended in, the adopted
26 stormwater management plan, the county board may adopt a
27 schedule of fees as may be necessary to mitigate the effects of
28 increased stormwater runoff resulting from new development
29 based on actual costs. The fees shall not exceed the cost of
30 satisfying the onsite stormwater retention or detention
31 requirements of the adopted stormwater management plan. The
32 fees shall be used to finance activities undertaken by the
33 county or its included municipalities to mitigate the effects
34 of urban stormwater runoff by providing regional stormwater
35 retention or detention facilities, as identified in the county
36 plan. The county board shall provide for a credit or reduction

 

 

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1 in fees for any onsite retention, detention, drainage district
2 assessments, or other similar stormwater facility that the
3 developer is required to construct consistent with the
4 stormwater management ordinance. All these fees collected by
5 the county shall be held in a separate fund, and shall be
6 expended only in the watershed within which they were
7 collected.
8     (i) For the purpose of implementing this Section and for
9 the development, design, planning, construction, operation,
10 and maintenance of stormwater facilities provided for in the
11 stormwater management plan, a county board that has established
12 a stormwater management planning committee pursuant to this
13 Section may cause an annual tax of not to exceed 0.20% of the
14 value, as equalized or assessed by the Department of Revenue,
15 of all taxable property in the county to be levied upon all the
16 taxable property in the county or occupation and use taxes of
17 1/10 of one cent. The property tax shall be in addition to all
18 other taxes authorized by law to be levied and collected in the
19 county and shall be in addition to the maximum tax rate
20 authorized by law for general county purposes. The 0.20%
21 limitation provided in this Section may be increased or
22 decreased by referendum in accordance with the provisions of
23 Sections 18-120, 18-125, and 18-130 of the Property Tax Code
24 (35 ILCS 200/).
25     Any revenues generated as a result of ownership or
26 operation of facilities or land acquired with the tax funds
27 collected pursuant to this subsection shall be held in a
28 separate fund and be used either to abate such property tax or
29 for implementing this Section.
30     However, the tax authorized by this subsection shall not be
31 levied until the question of its adoption, either for a
32 specified period or indefinitely, has been submitted to the
33 electors thereof and approved by a majority of those voting on
34 the question. This question may be submitted at any election
35 held in the county after the adoption of a resolution by the
36 county board providing for the submission of the question to

 

 

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1 the electors of the county. The county board shall certify the
2 resolution and proposition to the proper election officials,
3 who shall submit the proposition at an election in accordance
4 with the general election law. If a majority of the votes cast
5 on the question is in favor of the levy of the tax, it may
6 thereafter be levied in the county for the specified period or
7 indefinitely, as provided in the proposition. The question
8 shall be put in substantially the following form:
9         Shall an annual tax be levied for stormwater management
10     purposes (for a period of not more than ..... years) at a
11     rate not exceeding .....% of the equalized assessed value
12     of the taxable property of ..... County?
13 Or this question may be submitted at any election held in the
14 county after the adoption of a resolution by the county board
15 providing for the submission of the question to the electors of
16 the county to authorize use and occupation taxes of 1/10 of one
17 cent:
18         Shall use and occupation taxes be raised for stormwater
19     management purposes (for a period of not more than .....
20     years) at a rate of 1/10 of one cent for taxable goods in
21     ..... County?
22     Votes shall be recorded as Yes or No.
23     (j) For those counties that adopt a property tax in
24 accordance with the provisions in this Section, the stormwater
25 management committee shall offer property tax abatements or
26 incentive payments to property owners who construct, maintain,
27 and use approved stormwater management devices. For those
28 counties that adopt use and occupation taxes in accordance with
29 the provisions of this Section, the stormwater management
30 committee may offer tax rebates or incentive payments to
31 property owners who construct, maintain, and use approved
32 stormwater management devices. The stormwater management
33 committee is authorized to offer credits to the property tax,
34 if applicable, based on authorized practices consistent with
35 the stormwater management plan and approved by the committee.
36 Expenses of staff of a stormwater management committee that are

 

 

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1 expended on regulatory project review may be no more than 20%
2 of the annual budget of the committee, including funds raised
3 under subsections (h) and (i).
4     (k) Any county that has adopted a county stormwater
5 management plan under this Section may, after 10 days written
6 notice receiving consent of the owner or occupant, enter upon
7 any lands or waters within the county for the purpose of
8 inspecting stormwater facilities or causing the removal of any
9 obstruction to an affected watercourse. If consent is denied or
10 cannot be reasonably obtained, the county ordinance shall
11 provide a process or procedure for an administrative warrant to
12 be obtained. The county shall be responsible for any damages
13 occasioned thereby.
14     (l) Upon petition of the municipality, and based on a
15 finding of the stormwater management planning committee, the
16 county shall not enforce rules and regulations adopted by the
17 county in any municipality located wholly or partly within the
18 county that has a municipal stormwater management ordinance
19 that is consistent with and at least as stringent as the county
20 plan and ordinance, and is being enforced by the municipal
21 authorities. On issues that the county ordinance is more
22 stringent as deemed by the committee, the county shall only
23 enforce rules and regulations adopted by the county on the more
24 stringent issues and accept municipal permits. The county shall
25 have no more than 60 days to review permits or the permits
26 shall be deemed approved.
27     (m) A county may issue general obligation bonds for
28 implementing any stormwater plan adopted under this Section in
29 the manner prescribed in Section 5-1012; except that the
30 referendum requirement of Section 5-1012 does not apply to
31 bonds issued pursuant to this Section on which the principal
32 and interest are to be paid entirely out of funds generated by
33 the taxes and fees authorized by this Section.
34     (n) The powers authorized by this Section may be
35 implemented by the county board for a portion of the county
36 subject to similar stormwater management needs.

 

 

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1     (o) The powers and taxes authorized by this Section are in
2 addition to the powers and taxes authorized by Division 5-15;
3 in exercising its powers under this Section, a county shall not
4 be subject to the restrictions and requirements of that
5 Division.
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.