Full Text of HB3912 98th General Assembly
HB3912ham001 98TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/27/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3912
| 2 | | AMENDMENT NO. ______. Amend House Bill 3912 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Metropolitan Water Reclamation District | 5 | | Act is 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 | 9 | | general
supervision of the Metropolitan Water Reclamation | 10 | | District of Greater
Chicago. The District has the authority to | 11 | | plan, manage, implement, and
finance activities relating to | 12 | | stormwater management in Cook County.
The authority of the | 13 | | District with respect to stormwater management extends
| 14 | | throughout Cook County and is not limited to the area otherwise | 15 | | within the
territory and jurisdiction of the District under | 16 | | this Act.
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| 1 | | For the purposes of this Section, the term "stormwater | 2 | | management"
includes, without limitation, the management of | 3 | | floods and floodwaters.
| 4 | | (b) The District may utilize the resources of cooperating | 5 | | local watershed
councils (including the stormwater management | 6 | | planning councils created under
Section 5-1062.1 of the | 7 | | Counties Code), councils of local governments, the
| 8 | | Northeastern Illinois Planning Commission, and similar | 9 | | organizations and
agencies. The District may provide those | 10 | | organizations and agencies with
funding, on a contractual | 11 | | basis, for providing information to the District,
providing | 12 | | information to the public, or performing other activities | 13 | | related
to stormwater management.
| 14 | | The District, in addition to other powers vested in it, may | 15 | | negotiate and enter into agreements with any county for the | 16 | | management 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 | 19 | | with Cook County or
other units of local government that are | 20 | | located in whole or in part outside
the District for the | 21 | | purpose of implementing the stormwater management plan
and | 22 | | providing stormwater management services in areas not included | 23 | | within the
territory of the District.
| 24 | | (c) The District shall prepare and adopt by ordinance a | 25 | | countywide
stormwater management plan for Cook County. The | 26 | | countywide plan may
incorporate one or more separate watershed |
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| 1 | | plans.
| 2 | | Prior to adopting the countywide stormwater management | 3 | | plan, the District
shall hold at least one public hearing | 4 | | thereon and shall afford interested
persons an opportunity to | 5 | | be heard.
| 6 | | (d) The District may prescribe by ordinance reasonable | 7 | | rules and regulations
for floodplain and stormwater management | 8 | | and for governing the location, width,
course, and release rate | 9 | | of all stormwater runoff channels, streams, and
basins in Cook | 10 | | County, in accordance with the adopted stormwater management
| 11 | | plan. These rules and regulations shall, at a minimum, meet the | 12 | | standards
for floodplain management established by the Office | 13 | | of Water Resources of the
Department of Natural Resources and | 14 | | the requirements of the Federal Emergency
Management Agency for | 15 | | participation in the National Flood Insurance Program.
| 16 | | (e) The District may impose fees on areas outside the | 17 | | District but within
Cook County for performance of stormwater | 18 | | management services, including but not limited to, maintenance | 19 | | of streams and the development, design, planning, | 20 | | construction, operation and maintenance of stormwater | 21 | | facilities. The total amount of the fees collected from areas | 22 | | outside of the District but within Cook County shall not exceed | 23 | | the District's annual tax rate for stormwater management within | 24 | | the District multiplied by the aggregate equalized assessed | 25 | | valuation of areas outside of the District but within Cook | 26 | | County. The District may require the unit of local government |
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| 1 | | in which the stormwater services are performed to collect the | 2 | | fee and remit the collected fee to the District. The District | 3 | | is authorized to pay a reasonable administrative fee to the | 4 | | unit of local government for the collection of these fees. All | 5 | | such fees collected
by the District shall be held in a separate | 6 | | fund and used for implementation of this Section.
| 7 | | (f) Amounts realized from the tax levy for stormwater | 8 | | management purposes
authorized in Section 12 may be used by the | 9 | | District for implementing this
Section and for the development, | 10 | | design, planning, construction, operation, and
maintenance of | 11 | | regional and local stormwater facilities provided for in the | 12 | | stormwater
management plan.
| 13 | | The proceeds of any tax imposed under Section 12 for | 14 | | stormwater management
purposes and any revenues generated as a | 15 | | result of the ownership or operation
of facilities or land | 16 | | acquired with the proceeds of taxes imposed under Section
12 | 17 | | for stormwater management purposes shall be held in a separate | 18 | | fund and used
either for implementing this Section or to abate | 19 | | those taxes.
| 20 | | (g) The District may plan, implement, finance, and operate | 21 | | regional and local
stormwater management projects in | 22 | | accordance with the adopted countywide
stormwater management | 23 | | plan.
| 24 | | The District shall provide for public review and comment on | 25 | | proposed
stormwater management projects. The District shall | 26 | | conform to State and
federal requirements concerning public |
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| 1 | | information, environmental assessments,
and environmental | 2 | | impacts for projects receiving State or federal funds.
| 3 | | The District may issue bonds under Section 9.6a of this Act | 4 | | for the
purpose of funding stormwater management projects.
| 5 | | The District shall not use Cook County Forest Preserve | 6 | | District land for
stormwater or flood control projects without | 7 | | the consent of the Forest
Preserve District. | 8 | | The District may acquire, by purchase from a willing seller | 9 | | in a voluntary transaction, real property in furtherance of its | 10 | | regional and local stormwater management activities. Nothing | 11 | | in this Section shall affect the District's powers of | 12 | | condemnation or eminent domain as otherwise set forth in this | 13 | | Act.
| 14 | | (h) Upon the creation and implementation of a county | 15 | | stormwater management
plan, the District may petition the | 16 | | circuit court to dissolve any or all
drainage districts created | 17 | | pursuant to the Illinois Drainage Code or
predecessor Acts that | 18 | | are located entirely within the District.
| 19 | | However, any active drainage district implementing a plan | 20 | | that is consistent
with and at least as stringent as the county | 21 | | stormwater management plan may
petition the District for | 22 | | exception from dissolution. Upon filing of the
petition, the | 23 | | District shall set a date for hearing not less than 2 weeks, | 24 | | nor
more than 4 weeks, from the filing thereof, and the | 25 | | District shall give at
least one week's notice of the hearing | 26 | | in one or more newspapers of general
circulation within the |
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| 1 | | drainage district, and in addition shall cause a copy
of the | 2 | | notice to be personally served upon each of the trustees of the | 3 | | drainage
district. At the hearing, the District shall hear the | 4 | | drainage district's
petition and allow the drainage district | 5 | | trustees and any interested parties
an opportunity to present | 6 | | oral and written evidence. The District shall render
its | 7 | | decision upon the petition for exception from dissolution based | 8 | | upon the
best interests of the residents of the drainage | 9 | | district. In the event that
the exception is not allowed, the | 10 | | drainage district may file a petition with
the circuit court | 11 | | within 30 days of the decision. In that case, the notice
and | 12 | | hearing requirements for the court shall be the same as | 13 | | provided in this
subsection for the petition to the District. | 14 | | The court shall render its
decision of whether to dissolve the | 15 | | district based upon the best interests
of the residents of the | 16 | | drainage district.
| 17 | | The dissolution of a drainage district shall not affect the | 18 | | obligation
of any bonds issued or contracts entered into by the | 19 | | drainage district nor
invalidate the levy, extension, or | 20 | | collection of any taxes or special
assessments upon the | 21 | | property in the former drainage district. All property
and | 22 | | obligations of the former drainage district shall be assumed | 23 | | and managed
by the District, and the debts of the former | 24 | | drainage district shall be
discharged as soon as practicable.
| 25 | | If a drainage district lies only partly within the | 26 | | District, the District may
petition the circuit court to |
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| 1 | | disconnect from the drainage district that
portion of the | 2 | | drainage district that lies within the District. The property
| 3 | | of the drainage district within the disconnected area shall be | 4 | | assumed and
managed by the District. The District shall also | 5 | | assume a portion of the
drainage district's debt at the time of | 6 | | disconnection, based on the portion of
the value of the taxable | 7 | | property of the drainage district which is located
within the | 8 | | area being disconnected.
| 9 | | A drainage district that continues to exist within Cook | 10 | | County shall conform
its operations to the countywide | 11 | | stormwater management plan.
| 12 | | (i) The District may assume responsibility for maintaining | 13 | | any stream
within Cook County.
| 14 | | (j) The District may, after 10 days written notice to the | 15 | | owner or
occupant, enter upon any lands or waters within the | 16 | | county for the purpose
of inspecting stormwater facilities or | 17 | | causing the removal of any obstruction
to an affected | 18 | | watercourse. The District shall be responsible for any damages
| 19 | | occasioned thereby.
| 20 | | (k) The District shall report to the public annually on its | 21 | | activities and
expenditures under this Section and the adopted | 22 | | countywide stormwater
management plan.
| 23 | | (l) The powers granted to the District under this Section | 24 | | are in addition
to the other powers granted under this Act. | 25 | | This Section does not limit the
powers of the District under | 26 | | any other provision of this Act or any other law.
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| 1 | | (m) This Section does not affect the power or duty of any | 2 | | unit of local
government to take actions relating to flooding | 3 | | or stormwater, so long as those
actions conform with this | 4 | | Section and the plans, rules, and ordinances adopted
by the | 5 | | District under this Section.
| 6 | | A home rule unit located in whole or in part in Cook County
| 7 | | (other than a municipality with a population over 1,000,000)
| 8 | | may not
regulate stormwater management or planning in Cook | 9 | | County in a manner
inconsistent with this Section or the plans, | 10 | | rules, and ordinances adopted by
the District under this | 11 | | Section; provided, within a municipality with a
population over | 12 | | 1,000,000, the stormwater management planning program of Cook
| 13 | | County shall be conducted by that municipality or,
to the | 14 | | extent provided in an intergovernmental agreement between the
| 15 | | municipality and the District, by the District pursuant to this | 16 | | Section;
provided further that the power granted to such | 17 | | municipality shall not be
inconsistent with existing powers of | 18 | | the District.
Pursuant to paragraph (i) of Section 6 of
Article | 19 | | VII of the Illinois Constitution, this Section specifically | 20 | | denies and
limits the exercise of any power that is | 21 | | inconsistent with this Section by a
home rule unit that is a | 22 | | county with a population of 1,500,000 or more or is
located, in | 23 | | whole or in part, within such a county, other than a | 24 | | municipality
with a population over 1,000,000.
| 25 | | (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 | 4 | | located within the
boundaries of the district require | 5 | | assistance in financing the cost of repair,
replacement, | 6 | | reconstruction, and rehabilitation of local sewer collection
| 7 | | systems to reduce certain excessive sanitary sewer groundwater | 8 | | inflows; that
such inflows ultimately result in increased need | 9 | | for treatment and storage
facilities of the district; and that | 10 | | the district, in the discretion of its
commissioners, | 11 | | advantageously may provide loan funds for such purposes.
| 12 | | (b) For purposes of this Section, the following terms shall | 13 | | have the
meanings set forth, as follows:
| 14 | | The following terms shall have the meanings given to | 15 | | them in the Local
Government Debt Reform Act: (A) | 16 | | "alternate bonds"; (B) "applicable law"; (C)
"bonds"; (D) | 17 | | "general obligation bonds"; (E) "governmental unit"; (F)
| 18 | | "ordinance"; and (G) "revenue source".
| 19 | | "Assistance bonds" means the bonds to be issued by the | 20 | | district to provide
funds for the program as authorized in | 21 | | subsection (f) of this Section.
| 22 | | "Assistance program" means the program authorized in | 23 | | this Section by which
the district may make loans to local | 24 | | governmental units for any one or more of
the following | 25 | | undertaken
with respect to the repair, replacement, | 26 | | reconstruction, and rehabilitation of
local sewer |
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| 1 | | collection systems: preliminary planning, engineering,
| 2 | | architectural, legal, fiscal or economic investigations or | 3 | | studies, surveys,
designs, plans, working drawings, | 4 | | specifications, procedures or other necessary
actions, | 5 | | erection, building acquisition, alteration, remodeling, or | 6 | | improvement
of such collection systems, or the inspection | 7 | | or supervision of
any of the foregoing.
| 8 | | "Loan" means a loan made by the district to a local | 9 | | governmental unit under
the assistance program.
| 10 | | "Local governmental unit" means a governmental unit | 11 | | within the boundaries
of the district.
| 12 | | "Reconstruction" shall include the construction of | 13 | | totally new lines or
systems if reasonably designed to | 14 | | replace obsolete lines or systems.
| 15 | | (c) The commissioners may establish an assistance program.
| 16 | | (d) The commissioners are authorized to do any one or more | 17 | | of the following
with respect to the assistance program:
| 18 | | (1) Establish the assistance program as a use or | 19 | | appropriation within the
corporate fund of the district.
| 20 | | (2) Accept grants, borrow funds, and appropriate | 21 | | lawfully available funds
for the purpose of funding the | 22 | | assistance program.
| 23 | | (3) Make the loans as provided in subsection (e).
| 24 | | (4) Enforce loans with all available remedies as any | 25 | | governmental
unit or private person might have with respect | 26 | | to such loans.
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| 1 | | (e) The district shall have the power to make loans and | 2 | | local governmental
units shall have the power to obtain loans | 3 | | from the district, but only if
authorized to borrow under such | 4 | | powers as may be granted to such local
governmental units under | 5 | | other applicable law. This Section does not grant
local | 6 | | governmental units separate borrowing power. If authorized to | 7 | | issue
bonds under such applicable law, however, the form of the | 8 | | borrowing may be such
as the district and the local | 9 | | governmental unit may agree, including, without
limitation, a | 10 | | loan agreement made between the district and local governmental
| 11 | | unit to evidence the bond. Any such loan agreement shall state | 12 | | the statutory
authority under applicable law for the bond it | 13 | | represents but otherwise need
not be in any specific form. The | 14 | | district shall have all rights and remedies
available to the | 15 | | holder of a bond otherwise issued in the form provided for
same | 16 | | under applicable law and also such rights and remedies as may | 17 | | be
additionally available under subsection (d)(4) of this | 18 | | Section.
The loans may be made upon such terms and at such | 19 | | rates, including expressly
below market rates, representing a | 20 | | subsidy of funds from the district to the
local governmental | 21 | | units, as the district may specify in the loan agreements.
| 22 | | (f) The district may borrow money and issue its
assistance | 23 | | bonds under this Section 9.6c for the purpose of funding the
| 24 | | assistance program, which bonds shall be alternate revenue | 25 | | bonds payable from any
lawfully available revenue source, | 26 | | including without limitation receipts
from the loans. |
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| 1 | | Assistance
bonds shall not be subject to any referendum
| 2 | | requirement and shall not be treated as indebtedness under any | 3 | | applicable
provision of law setting forth a limitation upon or | 4 | | requirement with respect to
the legal indebtedness of the | 5 | | district.
| 6 | | (Source: P.A. 90-690, eff. 7-31-98.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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