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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB1131eng SB1131 Engrossed LRB9103961MWprA 1 AN ACT to amend the Counties Code by changing Section 2 5-1062. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 5-1062 as follows: 7 (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062) 8 Sec. 5-1062. Stormwater management. 9 (a) The purpose of this Section is to allow management 10 and mitigation of the effects of urbanization on stormwater 11 drainage in metropolitan counties located in the area served 12 by the Northeastern Illinois Planning Commission, and 13 references to "county" in this Section shall apply only to 14 those counties. This Section shall not apply to any county 15 with a population in excess of 2,000,0001,500,000, except as 16 provided in subsection (c). The purpose of this Section shall 17 be achieved by: 18 (1) consolidating the existing stormwater 19 management framework into a united, countywide structure; 20 (2) setting minimum standards for floodplain and 21 stormwater management; and 22 (3) preparing a countywide plan for the management 23 of stormwater runoff, including the management of natural 24 and man-made drainageways. The countywide plan may 25 incorporate watershed plans. 26 (b) A stormwater management planning committee shall be 27 established by county board resolution, with its membership 28 consisting of equal numbers of county board and municipal 29 representatives from each county board district, and such 30 other members as may be determined by the county and 31 municipal members. However, if the county has more than 6 SB1131 Engrossed -2- LRB9103961MWprA 1 county board districts, the county board may by ordinance 2 divide the county into not less than 6 areas of approximately 3 equal population, to be used instead of county board 4 districts for the purpose of determining representation on 5 the stormwater management planning committee. 6 The county board members shall be appointed by the 7 chairman of the county board. Municipal members from each 8 county board district or other represented area shall be 9 appointed by a majority vote of the mayors of those 10 municipalities which have the greatest percentage of their 11 respective populations residing in such county board district 12 or other represented area. All municipal and county board 13 representatives shall be entitled to a vote; the other 14 members shall be nonvoting members, unless authorized to vote 15 by the unanimous consent of the municipal and county board 16 representatives. A municipality that is located in more than 17 one county may choose, at the time of formation of the 18 stormwater management planning committee and based on 19 watershed boundaries, to participate in the stormwater 20 management planning program of either or both of the 21 counties. Subcommittees of the stormwater management planning 22 committee may be established to serve a portion of the county 23 or a particular drainage basin that has similar stormwater 24 management needs. The stormwater management planning 25 committee shall adopt by-laws, by a majority vote of the 26 county and municipal members, to govern the functions of the 27 committee and its subcommittees. Officers of the committee 28 shall include a chair and vice chair, one of whom shall be a 29 county representative and one a municipal representative. 30 The principal duties of the committee shall be to develop 31 a stormwater management plan for presentation to and approval 32 by the county board, and to direct the plan's implementation 33 and revision. The committee may retain engineering, legal and 34 financial advisors and inspection personnel. The committee SB1131 Engrossed -3- LRB9103961MWprA 1 shall meet at least quarterly and shall hold at least one 2 public meeting during the preparation of the plan and prior 3 to its submittal to the county board. 4 (c) In the preparation of a stormwater management plan, 5 a county stormwater management planning committee shall 6 coordinate the planning process with each adjoining county to 7 ensure that recommended stormwater projects will have no 8 significant impact on the levels or flows of stormwaters in 9 inter-county watersheds or on the capacity of existing and 10 planned stormwater retention facilities. An adopted 11 stormwater management plan shall identify steps taken by the 12 county to coordinate the development of plan recommendations 13 with adjoining counties. 14 (d) Before the stormwater management planning committee 15 recommends to the county board a stormwater management plan 16 for the county or a portion thereof, it shall submit the plan 17 to the Office of Water Resources of the Department of Natural 18 Resources and to the Northeastern Illinois Planning 19 Commission for review and recommendations. The Office and 20 the Commission, in reviewing the plan, shall consider such 21 factors as impacts on the levels or flows in rivers and 22 streams and the cumulative effects of stormwater discharges 23 on flood levels. The Office of Water Resources shall 24 determine whether the plan or ordinances enacted to implement 25 the plan complies with the requirements of subsection (f). 26 Within a period not to exceed 60 days, the review comments 27 and recommendations shall be submitted to the stormwater 28 management planning committee for consideration. Any 29 amendments to the plan shall be submitted to the Office and 30 the Commission for review. 31 (e) Prior to recommending the plan to the county board, 32 the stormwater management planning committee shall hold at 33 least one public hearing thereon and shall afford interested 34 persons an opportunity to be heard. The hearing shall be SB1131 Engrossed -4- LRB9103961MWprA 1 held in the county seat. Notice of the hearing shall be 2 published at least once no less than 15 days in advance 3 thereof in a newspaper of general circulation published in 4 the county. The notice shall state the time and place of the 5 hearing and the place where copies of the proposed plan will 6 be accessible for examination by interested parties. If an 7 affected municipality having a stormwater management plan 8 adopted by ordinance wishes to protest the proposed county 9 plan provisions, it shall appear at the hearing and submit in 10 writing specific proposals to the stormwater management 11 planning committee. After consideration of the matters 12 raised at the hearing, the committee may amend or approve the 13 plan and recommend it to the county board for adoption. 14 The county board may enact the proposed plan by 15 ordinance. If the proposals for modification of the plan 16 made by an affected municipality having a stormwater 17 management plan are not included in the proposed county plan, 18 and the municipality affected by the plan opposes adoption of 19 the county plan by resolution of its corporate authorities, 20 approval of the county plan shall require an affirmative vote 21 of at least two-thirds of the county board members present 22 and voting. If the county board wishes to amend the county 23 plan, it shall submit in writing specific proposals to the 24 stormwater management planning committee. If the proposals 25 are not approved by the committee, or are opposed by 26 resolution of the corporate authorities of an affected 27 municipality having a municipal stormwater management plan, 28 amendment of the plan shall require an affirmative vote of at 29 least two-thirds of the county board members present and 30 voting. 31 (f) The county board may prescribe by ordinance 32 reasonable rules and regulations for floodplain management 33 and for governing the location, width, course and release 34 rate of all stormwater runoff channels, streams and basins in SB1131 Engrossed -5- LRB9103961MWprA 1 the county, in accordance with the adopted stormwater 2 management plan. These rules and regulations shall, at a 3 minimum, meet the standards for floodplain management 4 established by the Office of Water Resources and the 5 requirements of the Federal Emergency Management Agency for 6 participation in the National Flood Insurance Program. 7 (g) In accordance with, and if recommended in, the 8 adopted stormwater management plan, the county board may 9 adopt a schedule of fees as may be necessary to mitigate the 10 effects of increased stormwater runoff resulting from new 11 development. The fees shall not exceed the cost of 12 satisfying the onsite stormwater retention or detention 13 requirements of the adopted stormwater management plan. The 14 fees shall be used to finance activities undertaken by the 15 county or its included municipalities to mitigate the effects 16 of urban stormwater runoff by providing regional stormwater 17 retention or detention facilities, as identified in the 18 county plan. All such fees collected by the county shall be 19 held in a separate fund, and shall be expended only in the 20 watershed within which they were collected. 21 (h) For the purpose of implementing this Section and for 22 the development, design, planning, construction, operation 23 and maintenance of stormwater facilities provided for in the 24 stormwater management plan, a county board that has 25 established a stormwater management planning committee 26 pursuant to this Section may cause an annual tax of not to 27 exceed 0.20% of the value, as equalized or assessed by the 28 Department of Revenue, of all taxable property in the county 29 to be levied upon all the taxable property in the county. 30 The tax shall be in addition to all other taxes authorized by 31 law to be levied and collected in the county and shall be in 32 addition to the maximum tax rate authorized by law for 33 general county purposes. The 0.20% limitation provided in 34 this Section may be increased or decreased by referendum in SB1131 Engrossed -6- LRB9103961MWprA 1 accordance with the provisions of Sections 18-120, 18-125, 2 and 18-130 of the Property Tax Code. 3 Any revenues generated as a result of ownership or 4 operation of facilities or land acquired with the tax funds 5 collected pursuant to this subsection (h) shall be held in a 6 separate fund and be used either to abate such property tax 7 or for implementing this Section. 8 However, unless at least part of the county has been 9 declared after July 1, 1986 by presidential proclamation to 10 be a disaster area as a result of flooding, the tax 11 authorized by this subsection (h) shall not be levied until 12 the question of its adoption, either for a specified period 13 or indefinitely, has been submitted to the electors thereof 14 and approved by a majority of those voting on the question. 15 This question may be submitted at any election held in the 16 county after the adoption of a resolution by the county board 17 providing for the submission of the question to the electors 18 of the county. The county board shall certify the resolution 19 and proposition to the proper election officials, who shall 20 submit the proposition at an election in accordance with the 21 general election law. If a majority of the votes cast on the 22 question is in favor of the levy of the tax, it may 23 thereafter be levied in the county for the specified period 24 or indefinitely, as provided in the proposition. The question 25 shall be put in substantially the following form: 26 ------------------------------------------------------------- 27 Shall an annual tax be levied 28 for stormwater management purposes YES 29 (for a period of not more than 30 ...... years) at a rate not exceeding ------------------ 31 .....% of the equalized assessed 32 value of the taxable property of NO 33 ........ County? 34 ------------------------------------------------------------- SB1131 Engrossed -7- LRB9103961MWprA 1 (i) Upon the creation and implementation of a county 2 stormwater management plan, the county may petition the 3 circuit court to dissolve any or all drainage districts 4 created pursuant to the Illinois Drainage Code or predecessor 5 Acts which are located entirely within the area of the county 6 covered by the plan. 7 However, any active drainage district implementing a plan 8 that is consistent with and at least as stringent as the 9 county stormwater management plan may petition the stormwater 10 management planning committee for exception from dissolution. 11 Upon filing of the petition, the committee shall set a date 12 for hearing not less than 2 weeks, nor more than 4 weeks, 13 from the filing thereof, and the committee shall give at 14 least one week's notice of the hearing in one or more 15 newspapers of general circulation within the district, and in 16 addition shall cause a copy of the notice to be personally 17 served upon each of the trustees of the district. At the 18 hearing, the committee shall hear the district's petition and 19 allow the district trustees and any interested parties an 20 opportunity to present oral and written evidence. The 21 committee shall render its decision upon the petition for 22 exception from dissolution based upon the best interests of 23 the residents of the district. In the event that the 24 exception is not allowed, the district may file a petition 25 within 30 days of the decision with the circuit court. In 26 that case, the notice and hearing requirements for the court 27 shall be the same as herein provided for the committee. The 28 court shall likewise render its decision of whether to 29 dissolve the district based upon the best interests of 30 residents of the district. 31 The dissolution of any drainage district shall not affect 32 the obligation of any bonds issued or contracts entered into 33 by the district nor invalidate the levy, extension or 34 collection of any taxes or special assessments upon the SB1131 Engrossed -8- LRB9103961MWprA 1 property in the former drainage district. All property and 2 obligations of the former drainage district shall be assumed 3 and managed by the county, and the debts of the former 4 drainage district shall be 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 7 may petition the circuit court to disconnect from the 8 drainage district that portion of the district that lies 9 within that county. The property of the drainage district 10 within the disconnected area shall be assumed and managed by 11 the county. The county shall also assume a portion of the 12 drainage district's debt at the time of disconnection, based 13 on the portion of the value of the taxable property of the 14 drainage district which is located within the area being 15 disconnected. 16 The operations of any drainage district that continues to 17 exist in a county that has adopted a stormwater management 18 plan in accordance with this Section shall be in accordance 19 with the adopted plan. 20 (j) Any county that has adopted a county stormwater 21 management plan under this Section may, after 10 days written 22 notice to the owner or occupant, enter upon any lands or 23 waters within the county for the purpose of inspecting 24 stormwater facilities or causing the removal of any 25 obstruction to an affected watercourse. The county shall be 26 responsible for any damages occasioned thereby. 27 (k) Upon petition of the municipality, and based on a 28 finding of the stormwater management planning committee, the 29 county shall not enforce rules and regulations adopted by the 30 county in any municipality located wholly or partly within 31 the county that has a municipal stormwater management 32 ordinance that is consistent with and at least as stringent 33 as the county plan and ordinance, and is being enforced by 34 the municipal authorities. SB1131 Engrossed -9- LRB9103961MWprA 1 (l) A county may issue general obligation bonds for 2 implementing any stormwater plan adopted under this Section 3 in the manner prescribed in Section 5-1012; except that the 4 referendum requirement of Section 5-1012 shall not apply to 5 bonds issued pursuant to this Section on which the principal 6 and interest are to be paid entirely out of funds generated 7 by the taxes and fees authorized by this Section. 8 (m) The powers authorized by this Section may be 9 implemented by the county board for a portion of the county 10 subject to similar stormwater management needs. 11 (n) The powers and taxes authorized by this Section are 12 in addition to the powers and taxes authorized by Division 13 5-15; in exercising its powers under this Section, a county 14 shall not be subject to the restrictions and requirements of 15 that Division. 16 (o) Pursuant to paragraphs (g) and (i) of Section 6 of 17 Article VII of the Illinois Constitution, this Section 18 specifically denies and limits the exercise of any power 19 which is inconsistent herewith by home rule units in any 20 county with a population of less than 1,500,000 in the area 21 served by the Northeastern Illinois Planning Commission. 22 This Section does not prohibit the concurrent exercise of 23 powers consistent herewith. 24 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)