Full Text of HB2459 99th General Assembly
HB2459eng 99TH GENERAL ASSEMBLY |
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| 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 changing Section | 5 | | 5-1062.3 as follows: | 6 | | (55 ILCS 5/5-1062.3) | 7 | | Sec. 5-1062.3. Stormwater management; DuPage and Peoria | 8 | | Counties. | 9 | | (a) The purpose of this Section is to allow management and | 10 | | mitigation of the effects of urbanization on stormwater | 11 | | drainage in the metropolitan counties of DuPage and Peoria, and | 12 | | references to "county" in this Section apply only to those | 13 | | counties. This Section does not apply to a municipality that | 14 | | only partially lies within one of these counties and, on the | 15 | | effective date of this amendatory Act of the 98th General | 16 | | Assembly, is served by an existing Section in the Counties Code | 17 | | regarding stormwater management. The purpose of this Section | 18 | | shall be achieved by: | 19 | | (1) consolidating the existing stormwater management | 20 | | framework into a
united, countywide structure; | 21 | | (2) setting minimum standards for floodplain and | 22 | | stormwater management;
and | 23 | | (3) preparing a countywide plan for the management of |
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| 1 | | stormwater runoff,
including the management of natural and | 2 | | man-made drainageways. The countywide
plan may incorporate | 3 | | watershed plans. | 4 | | (b) A stormwater management planning committee may be | 5 | | established by county board resolution, with its membership | 6 | | consisting of equal numbers of county board and municipal | 7 | | representatives from each county board district, and such other | 8 | | members as may be determined by the county and municipal | 9 | | members. If the county has more than 6 county board districts, | 10 | | however, the county board may by ordinance divide the county | 11 | | into not less than 6 areas of approximately equal population, | 12 | | to be used instead of county board districts for the purpose of | 13 | | determining representation on the stormwater management | 14 | | planning committee. | 15 | | The county board members shall be appointed by the chairman | 16 | | of the county board. Municipal members from each county board | 17 | | district or other represented area shall be appointed by a | 18 | | majority vote of the mayors of those municipalities that have | 19 | | the greatest percentage of their respective populations | 20 | | residing in that county board district or other represented | 21 | | area. All municipal and county board representatives shall be | 22 | | entitled to a vote; the other members shall be nonvoting | 23 | | members, unless authorized to vote by the unanimous consent of | 24 | | the municipal and county board representatives. A municipality | 25 | | that is located in more than one county may choose, at the time | 26 | | of formation of the stormwater management planning committee |
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| 1 | | and based on watershed boundaries, to participate in the | 2 | | stormwater management planning program of either county. | 3 | | Subcommittees of the stormwater management planning committee | 4 | | may be established to serve a portion of the county or a | 5 | | particular drainage basin that has similar stormwater | 6 | | management needs. The stormwater management planning committee | 7 | | shall adopt bylaws, by a majority vote of the county and | 8 | | municipal members, to govern the functions of the committee and | 9 | | its subcommittees. Officers of the committee shall include a | 10 | | chair and vice chair, one of whom shall be a county | 11 | | representative and one a municipal representative. | 12 | | The principal duties of the committee shall be to develop a | 13 | | stormwater management plan for presentation to and approval by | 14 | | the county board, and to direct the plan's implementation and | 15 | | revision. The committee may retain engineering, legal, and | 16 | | financial advisors and inspection personnel. The committee | 17 | | shall meet at least quarterly and shall hold at least one | 18 | | public meeting during the preparation of the plan and prior to | 19 | | its submittal to the county board. The committee may make | 20 | | grants to units of local government that have adopted an | 21 | | ordinance requiring actions consistent with the stormwater | 22 | | management plan and to landowners for the purposes of | 23 | | stormwater management, including special projects; use of the | 24 | | grant money must be consistent with the stormwater management | 25 | | plan. | 26 | | The committee shall not have or exercise any power of |
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| 1 | | eminent domain. | 2 | | (c) In the preparation of a stormwater management plan, a | 3 | | county stormwater management planning committee shall | 4 | | coordinate the planning process with each adjoining county to | 5 | | ensure that recommended stormwater projects will have no | 6 | | significant impact on the levels or flows of stormwaters in | 7 | | inter-county watersheds or on the capacity of existing and | 8 | | planned stormwater retention facilities. An adopted stormwater | 9 | | management plan shall identify steps taken by the county to | 10 | | coordinate the development of plan recommendations with | 11 | | adjoining counties. | 12 | | (d) The stormwater management committee may not enforce any | 13 | | rules or regulations that would interfere with (i) any power | 14 | | granted by the Illinois Drainage Code (70 ILCS 605/) to | 15 | | operate, construct, maintain, or improve drainage systems or | 16 | | (ii) the ability to operate, maintain, or improve the drainage | 17 | | systems used on or by land or a facility used for production | 18 | | agriculture purposes, as defined in the Use Tax Act (35 ILCS | 19 | | 105/), except newly constructed buildings and newly installed | 20 | | impervious paved surfaces. Disputes regarding an exception | 21 | | shall be determined by a mutually agreed upon arbitrator paid | 22 | | by the disputing party or parties. | 23 | | (e) Before the stormwater management planning committee | 24 | | recommends to the county board a stormwater management plan for | 25 | | the county or a portion thereof, it shall submit the plan to | 26 | | the Office of Water Resources of the Department of Natural |
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| 1 | | Resources for review and recommendations. The Office, in | 2 | | reviewing the plan, shall consider such factors as impacts on | 3 | | the levels or flows in rivers and streams and the cumulative | 4 | | effects of stormwater discharges on flood levels. The Office of | 5 | | Water Resources shall determine whether the plan or ordinances | 6 | | enacted to implement the plan complies with the requirements of | 7 | | subsection (f). Within a period not to exceed 60 days, the | 8 | | review comments and recommendations shall be submitted to the | 9 | | stormwater management planning committee for consideration. | 10 | | Any amendments to the plan shall be submitted to the Office for | 11 | | review. | 12 | | (f) Prior to recommending the plan to the county board, the | 13 | | stormwater management planning committee shall hold at least | 14 | | one public hearing thereon and shall afford interested persons | 15 | | an opportunity to be heard. The hearing shall be held in the | 16 | | county seat. Notice of the hearing shall be published at least | 17 | | once and no less than 15 days in advance of the hearing in a | 18 | | newspaper of general circulation published in the county. The | 19 | | notice shall state the time and place of the hearing and the | 20 | | place where copies of the proposed plan will be accessible for | 21 | | examination by interested parties. If an affected municipality | 22 | | having a stormwater management plan adopted by ordinance wishes | 23 | | to protest the proposed county plan provisions, it shall appear | 24 | | at the hearing and submit in writing specific proposals to the | 25 | | stormwater management planning committee. After consideration | 26 | | of the matters raised at the hearing, the committee may amend |
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| 1 | | or approve the plan and recommend it to the county board for | 2 | | adoption. | 3 | | The county board may enact the proposed plan by ordinance. | 4 | | If the proposals for modification of the plan made by an | 5 | | affected municipality having a stormwater management plan are | 6 | | not included in the proposed county plan, and the municipality | 7 | | affected by the plan opposes adoption of the county plan by | 8 | | resolution of its corporate authorities, approval of the county | 9 | | plan shall require an affirmative vote of at least two-thirds | 10 | | of the county board members present and voting. If the county | 11 | | board wishes to amend the county plan, it shall submit in | 12 | | writing specific proposals to the stormwater management | 13 | | planning committee. If the proposals are not approved by the | 14 | | committee, or are opposed by resolution of the corporate | 15 | | authorities of an affected municipality having a municipal | 16 | | stormwater management plan, amendment of the plan shall require | 17 | | an affirmative vote of at least two-thirds of the county board | 18 | | members present and voting. | 19 | | (g) The county board may prescribe by ordinance reasonable | 20 | | rules and regulations for floodplain management and for | 21 | | governing the location, width, course, and release rate of all | 22 | | stormwater runoff channels, streams, and basins in the county, | 23 | | in accordance with the adopted stormwater management plan. | 24 | | Land, facilities, and drainage district facilities used for | 25 | | production agriculture as defined in subsection (d) shall not | 26 | | be subjected to regulation by the county board or stormwater |
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| 1 | | management committee under this Section for floodplain | 2 | | management and for governing location, width, course, | 3 | | maintenance, and release rate of stormwater runoff channels, | 4 | | streams and basins, or water discharged from a drainage | 5 | | district. These rules and regulations shall, at a minimum, meet | 6 | | the standards for floodplain management established by the | 7 | | Office of Water Resources and the requirements of the Federal | 8 | | Emergency Management Agency for participation in the National | 9 | | Flood Insurance Program. With respect to DuPage County only, | 10 | | the Chicago Metropolitan Agency for Planning may not impose | 11 | | more stringent regulations regarding water quality on entities | 12 | | discharging in accordance with a valid National Pollution | 13 | | Discharge Elimination System permit issued under the | 14 | | Environmental Protection Act. | 15 | | (h) For the purpose of implementing this Section and for | 16 | | the development, design, planning, construction, operation, | 17 | | and maintenance of stormwater facilities provided for in the | 18 | | adopted stormwater management plan, a county board that has | 19 | | established a stormwater management planning committee | 20 | | pursuant to this Section or has participated in a stormwater | 21 | | management planning process may adopt a schedule of fees | 22 | | applicable to all real property within the county which | 23 | | benefits from the county's stormwater management facilities | 24 | | and activities, and as may be necessary to mitigate the effects | 25 | | of increased stormwater runoff resulting from development. The | 26 | | total amount of the fees assessed must be specifically and |
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| 1 | | uniquely attributable to the actual costs of the county in the | 2 | | preparation, administration, and implementation of the adopted | 3 | | stormwater management plan, construction and maintenance of | 4 | | stormwater facilities, and other activities related to the | 5 | | management of the runoff from the property. The individual fees | 6 | | must be specifically and uniquely attributable to the portion | 7 | | of the actual cost to the county of managing the runoff from | 8 | | the property. The fees shall be used to finance activities | 9 | | undertaken by the county or its included municipalities to | 10 | | mitigate the effects of urban stormwater runoff by providing | 11 | | and maintaining stormwater collection, retention, detention, | 12 | | and particulate treatment facilities, and improving water | 13 | | bodies impacted by stormwater runoff, as identified in the | 14 | | county plan. In establishing, maintaining, or replacing such | 15 | | facilities, the county shall not duplicate facilities operated | 16 | | by other governmental bodies within its corporate boundaries. | 17 | | The schedule of fees established by the county board shall | 18 | | include a procedure for a full or partial fee waiver for | 19 | | property owners who have taken actions or put in place | 20 | | facilities that reduce or eliminate the cost to the county of | 21 | | providing stormwater management services to their property. | 22 | | The county board may also offer tax or fee rebates or incentive | 23 | | payments to property owners who construct, maintain, and use | 24 | | approved green infrastructure stormwater management devices or | 25 | | any other methods that reduce or eliminate the cost to the | 26 | | county of providing stormwater management services to the |
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| 1 | | property, including but not limited to facilities that reduce | 2 | | the volume, temperature, velocity, and pollutant load of the | 3 | | stormwater managed by the county, such as systems that | 4 | | infiltrate, evapotranspirate, or harvest stormwater for reuse, | 5 | | known as "green infrastructure". In exercising this authority, | 6 | | the county shall provide notice to the municipalities within | 7 | | its jurisdiction of any fees proposed under this Section and | 8 | | seek the input of each municipality with respect to the | 9 | | calculation of the fees. The county shall also give property | 10 | | owners at least 2 years' notice of the fee, during which time | 11 | | the county shall provide education on green infrastructure | 12 | | practices and an opportunity to take action to reduce or | 13 | | eliminate the fee. All these fees collected by the county shall | 14 | | be held in a separate fund, and shall be expended only in the | 15 | | watershed within which they were collected. The county may | 16 | | enter into intergovernmental agreements with other government | 17 | | bodies for the joint administration of stormwater management | 18 | | and the collection of the fees authorized in this Section. | 19 | | A fee schedule authorized by this subsection must have the | 20 | | same limit as the authorized stormwater tax. The In Peoria | 21 | | County only, the fee schedule shall not be adopted unless (i) | 22 | | in Peoria County, a referendum has been passed approving a | 23 | | stormwater tax as provided in subsection (i) of this Section; | 24 | | or (ii) in Peoria County or DuPage County, the question of the | 25 | | adoption of a fee schedule with the same limit as the | 26 | | authorized stormwater tax has been approved in a referendum by |
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| 1 | | a majority of those voting on the question. | 2 | | (i) In the alternative to a fee imposed under subsection | 3 | | (h), the county board may cause an annual tax of not to exceed | 4 | | 0.20% of the value, as equalized or assessed by the Department | 5 | | of Revenue, of all taxable property in the county to be levied | 6 | | upon all the taxable property in the county. The property tax | 7 | | shall be in addition to all other taxes authorized by law to be | 8 | | levied and collected in the county and shall be in addition to | 9 | | the maximum tax rate authorized by law for general county | 10 | | purposes. The 0.20% limitation provided in this Section may be | 11 | | increased or decreased by referendum in accordance with the | 12 | | provisions of Sections 18-120, 18-125, and 18-130 of the | 13 | | Property Tax Code (35 ILCS 200/). | 14 | | Any revenues generated as a result of ownership or | 15 | | operation of facilities or land acquired with the tax funds | 16 | | collected pursuant to this subsection shall be held in a | 17 | | separate fund and be used either to abate such property tax or | 18 | | for implementing this Section. | 19 | | If at least part of the county has been declared by a | 20 | | presidential proclamation after July 1, 1986 and before | 21 | | December 31, 1987, to be a disaster area as a result of | 22 | | flooding, the tax authorized by this subsection does not | 23 | | require approval by referendum. However, in Peoria County, the | 24 | | tax authorized by this subsection shall not be levied until the | 25 | | question of its adoption, either for a specified period or | 26 | | indefinitely, has been submitted to the electors thereof and |
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| 1 | | approved by a majority of those voting on the question. This | 2 | | question may be submitted at any election held in the county | 3 | | after the adoption of a resolution by the county board | 4 | | providing for the submission of the question to the electors of | 5 | | the county. The county board shall certify the resolution and | 6 | | proposition to the proper election officials, who shall submit | 7 | | the proposition at an election in accordance with the general | 8 | | election law. If a majority of the votes cast on the question | 9 | | is in favor of the levy of the tax, it may thereafter be levied | 10 | | in the county for the specified period or indefinitely, as | 11 | | provided in the proposition. The question shall be put in | 12 | | substantially the following form: | 13 | | Shall an annual tax be levied
for stormwater management | 14 | | purposes (for a period of not more than ..... years) at a | 15 | | rate not exceeding
.....% of the equalized assessed
value | 16 | | of the taxable property of ..... County? | 17 | | Votes shall be recorded as Yes or No. | 18 | | The following question may be submitted at any election | 19 | | held in the county after the adoption of a resolution by the | 20 | | county board providing for the submission of the question to | 21 | | the electors of the county to authorize adoption of a schedule | 22 | | of fees applicable to all real property within the county: | 23 | | Shall the county board be authorized to adopt a | 24 | | schedule of fees, at a rate not exceeding that of the | 25 | | stormwater management tax, applicable to all real property | 26 | | for preparation, administration, and implementation of an |
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| 1 | | adopted stormwater management plan, construction and | 2 | | maintenance of related facilities, and management of the | 3 | | runoff from the property? | 4 | | Votes shall be recorded as Yes or No. | 5 | | If these questions have been approved by a majority of | 6 | | those voting prior to the effective date of this amendatory Act | 7 | | of the 98th General Assembly, this subsection does not apply. | 8 | | (j) For those counties that adopt a property tax in | 9 | | accordance with the provisions in this Section, the stormwater | 10 | | management committee shall offer property tax abatements or | 11 | | incentive payments to property owners who construct, maintain, | 12 | | and use approved stormwater management devices. The stormwater | 13 | | management committee is authorized to offer credits to the | 14 | | property tax, if applicable, based on authorized practices | 15 | | consistent with the stormwater management plan and approved by | 16 | | the committee. Expenses of staff of a stormwater management | 17 | | committee that are expended on regulatory project review may be | 18 | | no more than 20% of the annual budget of the committee, | 19 | | including funds raised under subsections (h) and (i). | 20 | | (k) Upon the creation and implementation of a county | 21 | | stormwater management
plan, the county may petition the circuit | 22 | | court to dissolve any or all drainage
districts created | 23 | | pursuant to the Illinois Drainage Code or predecessor Acts
| 24 | | which are located entirely within the area of the county | 25 | | covered by the plan. | 26 | | However, any active drainage district implementing a plan |
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| 1 | | that is
consistent with and at least as stringent as the county | 2 | | stormwater
management plan may petition the stormwater | 3 | | management planning committee
for exception from dissolution. | 4 | | Upon filing of the petition, the committee
shall set a date for | 5 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the | 6 | | filing thereof, and the committee shall give at least one | 7 | | week's
notice of the hearing in one or more newspapers of | 8 | | general circulation
within the district, and in addition shall | 9 | | cause a copy of the notice to be
personally served upon each of | 10 | | the trustees of the district. At the
hearing, the committee | 11 | | shall hear the district's petition and allow the
district | 12 | | trustees and any interested parties an opportunity to present | 13 | | oral
and written evidence. The committee shall render its | 14 | | decision upon the
petition for exception from dissolution based | 15 | | upon the best interests of
the residents of the district. In | 16 | | the event that the exception is not
allowed, the district may | 17 | | file a petition within 30 days of the decision
with the circuit | 18 | | court. In that case, the notice and hearing requirements
for | 19 | | the court shall be the same as herein provided for the | 20 | | committee.
The court shall likewise render its decision of | 21 | | whether to dissolve the
district based upon the best interests | 22 | | of residents of the district. | 23 | | The dissolution of any drainage district shall not affect | 24 | | the obligation
of any bonds issued or contracts entered into by | 25 | | the district nor
invalidate the levy, extension or collection | 26 | | of any taxes or special
assessments upon the property in the |
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| 1 | | former drainage district. All property
and obligations of the | 2 | | former drainage district shall be assumed and
managed by the | 3 | | county, and the debts of the former drainage district shall
be | 4 | | discharged as soon as practicable. | 5 | | If a drainage district lies only partly within a county | 6 | | that adopts a
county stormwater management plan, the county may | 7 | | petition the circuit
court to disconnect from the drainage | 8 | | district that portion of the district
that lies within that | 9 | | county. The property of the drainage district within the
| 10 | | disconnected area shall be assumed and managed by the county. | 11 | | The county shall
also assume a portion of the drainage | 12 | | district's debt at the time of
disconnection, based on the | 13 | | portion of the value of the taxable property of the
drainage | 14 | | district which is located within the area being disconnected. | 15 | | The operations of any drainage district that continues to | 16 | | exist in a
county that has adopted a stormwater management plan | 17 | | in accordance with
this Section shall be in accordance with the | 18 | | adopted plan. | 19 | | (l) Any county that has adopted a county stormwater | 20 | | management plan under this Section may, after 10 days days' | 21 | | written notice receiving consent of the owner or occupant, | 22 | | enter upon any lands or waters within the county for the | 23 | | purpose of inspecting stormwater facilities or causing the | 24 | | removal of any obstruction to an affected watercourse. If | 25 | | consent is denied or cannot be reasonably obtained, the county | 26 | | ordinance shall provide a process or procedure for an |
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| 1 | | administrative warrant to be obtained. The county shall be | 2 | | responsible for any damages occasioned thereby. | 3 | | (m) Except as otherwise provided in subsection (a) of this | 4 | | Section, upon petition of the municipality, and based on a | 5 | | finding of the stormwater management planning committee, the | 6 | | county shall not enforce rules and regulations adopted by the | 7 | | county in any municipality located wholly or partly within the | 8 | | county that has a municipal stormwater management ordinance | 9 | | that is consistent with and at least as stringent as the county | 10 | | plan and ordinance, and is being enforced by the municipal | 11 | | authorities. On issues that the county ordinance is more | 12 | | stringent as deemed by the committee, the county shall only | 13 | | enforce rules and regulations adopted by the county on the more | 14 | | stringent issues and accept municipal permits. The county shall | 15 | | have no more than 60 days to review permits or the permits | 16 | | shall be deemed approved. | 17 | | (n) A county may issue general obligation bonds for | 18 | | implementing any stormwater plan adopted under this Section in | 19 | | the manner prescribed in Section 5-1012; except that the | 20 | | referendum requirement of Section 5-1012 does not apply to | 21 | | bonds issued pursuant to this Section on which the principal | 22 | | and interest are to be paid entirely out of funds generated by | 23 | | the taxes and fees authorized by this Section. | 24 | | (o) A county that has adopted a fee schedule pursuant to | 25 | | this Section may not thereafter issue any bond extensions | 26 | | related to implementing a stormwater management plan. |
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| 1 | | (p) The powers authorized by this Section may be | 2 | | implemented by the county board for a portion of the county | 3 | | subject to similar stormwater management needs. | 4 | | (q) The powers and taxes authorized by this Section are in | 5 | | addition to the powers and taxes authorized by Division 5-15; | 6 | | in exercising its powers under this Section, a county shall not | 7 | | be subject to the restrictions and requirements of that | 8 | | Division. | 9 | | (r) Stormwater management projects and actions related to | 10 | | stormwater management in a county that has adopted a fee | 11 | | schedule or tax pursuant to this Section prior to the effective | 12 | | date of this amendatory Act of the 98th General Assembly are | 13 | | not altered by this amendatory Act of the 98th General | 14 | | Assembly.
| 15 | | (Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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