Illinois General Assembly - Full Text of HB3912
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Full Text of HB3912  98th General Assembly



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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Sections 7h and 9.6c as follows:
6    (70 ILCS 2605/7h)
7    Sec. 7h. Stormwater management.
8    (a) Stormwater management in Cook County shall be under the
9general supervision of the Metropolitan Water Reclamation
10District of Greater Chicago. The District has the authority to
11plan, manage, implement, and finance activities relating to
12stormwater management in Cook County. The authority of the
13District with respect to stormwater management extends
14throughout Cook County and is not limited to the area otherwise
15within the territory and jurisdiction of the District under
16this Act.
17    For the purposes of this Section, the term "stormwater
18management" includes, without limitation, the management of
19floods and floodwaters.
20    (b) The District may utilize the resources of cooperating
21local watershed councils (including the stormwater management
22planning councils created under Section 5-1062.1 of the
23Counties Code), councils of local governments, the



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1Northeastern Illinois Planning Commission, and similar
2organizations and agencies. The District may provide those
3organizations and agencies with funding, on a contractual
4basis, for providing information to the District, providing
5information to the public, or performing other activities
6related to stormwater management.
7    The District, in addition to other powers vested in it, may
8negotiate and enter into agreements with any county for the
9management of stormwater runoff in accordance with subsection
10(c) of Section 5-1062 of the Counties Code.
11    The District may enter into intergovernmental agreements
12with Cook County or other units of local government that are
13located in whole or in part outside the District for the
14purpose of implementing the stormwater management plan and
15providing stormwater management services in areas not included
16within the territory of the District.
17    (c) The District shall prepare and adopt by ordinance a
18countywide stormwater management plan for Cook County. The
19countywide plan may incorporate one or more separate watershed
21    Prior to adopting the countywide stormwater management
22plan, the District shall hold at least one public hearing
23thereon and shall afford interested persons an opportunity to
24be heard.
25    (d) The District may prescribe by ordinance reasonable
26rules and regulations for floodplain and stormwater management



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1and for governing the location, width, course, and release rate
2of all stormwater runoff channels, streams, and basins in Cook
3County, in accordance with the adopted stormwater management
4plan. These rules and regulations shall, at a minimum, meet the
5standards for floodplain management established by the Office
6of Water Resources of the Department of Natural Resources and
7the requirements of the Federal Emergency Management Agency for
8participation in the National Flood Insurance Program.
9    (e) The District may impose fees on areas outside the
10District but within Cook County for performance of stormwater
11management services, including but not limited to, maintenance
12of streams and the development, design, planning,
13construction, operation and maintenance of stormwater
14facilities. The total amount of the fees collected from areas
15outside of the District but within Cook County shall not exceed
16the District's annual tax rate for stormwater management within
17the District multiplied by the aggregate equalized assessed
18valuation of areas outside of the District but within Cook
19County. The District may require the unit of local government
20in which the stormwater services are performed to collect the
21fee and remit the collected fee to the District. The District
22is authorized to pay a reasonable administrative fee to the
23unit of local government for the collection of these fees. All
24such fees collected by the District shall be held in a separate
25fund and used for implementation of this Section.
26    (f) Amounts realized from the tax levy for stormwater



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1management purposes authorized in Section 12 may be used by the
2District for implementing this Section and for the development,
3design, planning, construction, operation, and maintenance of
4regional and local stormwater facilities provided for in the
5stormwater management plan.
6    The proceeds of any tax imposed under Section 12 for
7stormwater management purposes and any revenues generated as a
8result of the ownership or operation of facilities or land
9acquired with the proceeds of taxes imposed under Section 12
10for stormwater management purposes shall be held in a separate
11fund and used either for implementing this Section or to abate
12those taxes.
13    (g) The District may plan, implement, finance, and operate
14regional and local stormwater management projects in
15accordance with the adopted countywide stormwater management
17    The District shall provide for public review and comment on
18proposed stormwater management projects. The District shall
19conform to State and federal requirements concerning public
20information, environmental assessments, and environmental
21impacts for projects receiving State or federal funds.
22    The District may issue bonds under Section 9.6a of this Act
23for the purpose of funding stormwater management projects.
24    The District shall not use Cook County Forest Preserve
25District land for stormwater or flood control projects without
26the consent of the Forest Preserve District.



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1    The District may acquire, by purchase from a willing seller
2in a voluntary transaction, real property in furtherance of its
3regional and local stormwater management activities. Nothing
4in this Section shall affect the District's powers of
5condemnation or eminent domain as otherwise set forth in this
7    (h) Upon the creation and implementation of a county
8stormwater management plan, the District may petition the
9circuit court to dissolve any or all drainage districts created
10pursuant to the Illinois Drainage Code or predecessor Acts that
11are located entirely within the District.
12    However, any active drainage district implementing a plan
13that is consistent with and at least as stringent as the county
14stormwater management plan may petition the District for
15exception from dissolution. Upon filing of the petition, the
16District shall set a date for hearing not less than 2 weeks,
17nor more than 4 weeks, from the filing thereof, and the
18District shall give at least one week's notice of the hearing
19in one or more newspapers of general circulation within the
20drainage district, and in addition shall cause a copy of the
21notice to be personally served upon each of the trustees of the
22drainage district. At the hearing, the District shall hear the
23drainage district's petition and allow the drainage district
24trustees and any interested parties an opportunity to present
25oral and written evidence. The District shall render its
26decision upon the petition for exception from dissolution based



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1upon the best interests of the residents of the drainage
2district. In the event that the exception is not allowed, the
3drainage district may file a petition with the circuit court
4within 30 days of the decision. In that case, the notice and
5hearing requirements for the court shall be the same as
6provided in this subsection for the petition to the District.
7The court shall render its decision of whether to dissolve the
8district based upon the best interests of the residents of the
9drainage district.
10    The dissolution of a drainage district shall not affect the
11obligation of any bonds issued or contracts entered into by the
12drainage district nor invalidate the levy, extension, or
13collection of any taxes or special assessments upon the
14property in the former drainage district. All property and
15obligations of the former drainage district shall be assumed
16and managed by the District, and the debts of the former
17drainage district shall be discharged as soon as practicable.
18    If a drainage district lies only partly within the
19District, the District may petition the circuit court to
20disconnect from the drainage district that portion of the
21drainage district that lies within the District. The property
22of the drainage district within the disconnected area shall be
23assumed and managed by the District. The District shall also
24assume a portion of the drainage district's debt at the time of
25disconnection, based on the portion of the value of the taxable
26property of the drainage district which is located within the



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1area being disconnected.
2    A drainage district that continues to exist within Cook
3County shall conform its operations to the countywide
4stormwater management plan.
5    (i) The District may assume responsibility for maintaining
6any stream within Cook County.
7    (j) The District may, after 10 days written notice to the
8owner or occupant, enter upon any lands or waters within the
9county for the purpose of inspecting stormwater facilities or
10causing the removal of any obstruction to an affected
11watercourse. The District shall be responsible for any damages
12occasioned thereby.
13    (k) The District shall report to the public annually on its
14activities and expenditures under this Section and the adopted
15countywide stormwater management plan.
16    (l) The powers granted to the District under this Section
17are in addition to the other powers granted under this Act.
18This Section does not limit the powers of the District under
19any other provision of this Act or any other law.
20    (m) This Section does not affect the power or duty of any
21unit of local government to take actions relating to flooding
22or stormwater, so long as those actions conform with this
23Section and the plans, rules, and ordinances adopted by the
24District under this Section.
25    A home rule unit located in whole or in part in Cook County
26(other than a municipality with a population over 1,000,000)



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1may not regulate stormwater management or planning in Cook
2County in a manner inconsistent with this Section or the plans,
3rules, and ordinances adopted by the District under this
4Section; provided, within a municipality with a population over
51,000,000, the stormwater management planning program of Cook
6County shall be conducted by that municipality or, to the
7extent provided in an intergovernmental agreement between the
8municipality and the District, by the District pursuant to this
9Section; provided further that the power granted to such
10municipality shall not be inconsistent with existing powers of
11the District. Pursuant to paragraph (i) of Section 6 of Article
12VII of the Illinois Constitution, this Section specifically
13denies and limits the exercise of any power that is
14inconsistent with this Section by a home rule unit that is a
15county with a population of 1,500,000 or more or is located, in
16whole or in part, within such a county, other than a
17municipality with a population over 1,000,000.
18(Source: P.A. 95-669, eff. 10-10-07.)
19    (70 ILCS 2605/9.6c)
20    Sec. 9.6c. Local Government Assistance Program; bonds.
21    (a) The General Assembly finds that governmental units
22located within the boundaries of the district require
23assistance in financing the cost of repair, replacement,
24reconstruction, and rehabilitation of local sewer collection
25systems to reduce certain excessive sanitary sewer groundwater



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1inflows; that such inflows ultimately result in increased need
2for treatment and storage facilities of the district; and that
3the district, in the discretion of its commissioners,
4advantageously may provide loan funds for such purposes.
5    (b) For purposes of this Section, the following terms shall
6have the meanings set forth, as follows:
7        The following terms shall have the meanings given to
8    them in the Local Government Debt Reform Act: (A)
9    "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
10    "general obligation bonds"; (E) "governmental unit"; (F)
11    "ordinance"; and (G) "revenue source".
12        "Assistance bonds" means the bonds to be issued by the
13    district to provide funds for the program as authorized in
14    subsection (f) of this Section.
15        "Assistance program" means the program authorized in
16    this Section by which the district may make loans to local
17    governmental units for any one or more of the following
18    undertaken with respect to the repair, replacement,
19    reconstruction, and rehabilitation of local sewer
20    collection systems: preliminary planning, engineering,
21    architectural, legal, fiscal or economic investigations or
22    studies, surveys, designs, plans, working drawings,
23    specifications, procedures or other necessary actions,
24    erection, building acquisition, alteration, remodeling, or
25    improvement of such collection systems, or the inspection
26    or supervision of any of the foregoing.



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1        "Loan" means a loan made by the district to a local
2    governmental unit under the assistance program.
3        "Local governmental unit" means a governmental unit
4    within the boundaries of the district.
5        "Reconstruction" shall include the construction of
6    totally new lines or systems if reasonably designed to
7    replace obsolete lines or systems.
8    (c) The commissioners may establish an assistance program.
9    (d) The commissioners are authorized to do any one or more
10of the following with respect to the assistance program:
11        (1) Establish the assistance program as a use or
12    appropriation within the corporate fund of the district.
13        (2) Accept grants, borrow funds, and appropriate
14    lawfully available funds for the purpose of funding the
15    assistance program.
16        (3) Make the loans as provided in subsection (e).
17        (4) Enforce loans with all available remedies as any
18    governmental unit or private person might have with respect
19    to such loans.
20    (e) The district shall have the power to make loans and
21local governmental units shall have the power to obtain loans
22from the district, but only if authorized to borrow under such
23powers as may be granted to such local governmental units under
24other applicable law. This Section does not grant local
25governmental units separate borrowing power. If authorized to
26issue bonds under such applicable law, however, the form of the



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1borrowing may be such as the district and the local
2governmental unit may agree, including, without limitation, a
3loan agreement made between the district and local governmental
4unit to evidence the bond. Any such loan agreement shall state
5the statutory authority under applicable law for the bond it
6represents but otherwise need not be in any specific form. The
7district shall have all rights and remedies available to the
8holder of a bond otherwise issued in the form provided for same
9under applicable law and also such rights and remedies as may
10be additionally available under subsection (d)(4) of this
11Section. The loans may be made upon such terms and at such
12rates, including expressly below market rates, representing a
13subsidy of funds from the district to the local governmental
14units, as the district may specify in the loan agreements.
15    (f) The district may borrow money and issue its assistance
16bonds under this Section 9.6c for the purpose of funding the
17assistance program, which bonds shall be alternate revenue
18bonds payable from any lawfully available revenue source,
19including without limitation receipts from the loans.
20Assistance bonds shall not be subject to any referendum
21requirement and shall not be treated as indebtedness under any
22applicable provision of law setting forth a limitation upon or
23requirement with respect to the legal indebtedness of the
25(Source: P.A. 90-690, eff. 7-31-98.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.