State of Illinois
92nd General Assembly
Legislation

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92_HB3726

 
                                               LRB9211105BDdv

 1        AN ACT concerning municipal fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    adding Division 113.2 of Article 11 as follows:

 6        (65 ILCS 5/Art. 11, Div. 113.2 heading new)
 7         DIVISION 113.2. STORMWATER MANAGEMENT SERVICE FEES

 8        (65 ILCS 5/11-113.2-1 new)
 9        Sec. 11-113.2-1. Stormwater Management Service Fees.
10        (a)  Fees  allowed.  Any municipality that is required by
11    the Illinois Environmental Protection Agency to  comply  with
12    the  Stormwater  Phase  II  Rule  of  the  National Pollutant
13    Discharge   Elimination   System   of   the   United   States
14    Environmental  Protection  Agency  may  establish  stormwater
15    management service fees to be assessed upon  property  served
16    by  the  municipal  stormwater drainage system. No stormwater
17    management service fees may be imposed upon public  roads  or
18    highways  or  upon  land  used  for  agricultural purposes as
19    defined in Section 10-125 of the Property Tax Code. The  fees
20    collected  under  this  Section  must  be  held in a separate
21    stormwater service fund and may be used only to  finance  the
22    municipality's  efforts  to  mitigate  the  effects  of urban
23    stormwater runoff.
24        (b)  Financial   plan   required.   Before   establishing
25    stormwater management service  fees,  the  municipality  must
26    approve a stormwater management financial plan. The plan must
27    include the following:
28             (1)  a   description   of  the  direct  relationship
29        between the service fees and the contribution  of  runoff
30        to the drainage system;
 
                            -2-                LRB9211105BDdv
 1             (2)  a  description  of  the  process  by  which the
 2        service fees will be calculated, assessed, collected, and
 3        distributed;
 4             (3)  a  description  of  the  costs  to   calculate,
 5        assess, collect, and distribute the service fees;
 6             (4)  a   requirement  that  the  financial  plan  be
 7        updated regularly, including a mandatory update at  least
 8        once every 5 years; and
 9             (5)  a  requirement  that  all updates be subject to
10        public notice, a public review period of 60 days,  and  a
11        public hearing.
12        (c)  Determining    fees.   In   determining   stormwater
13    management service fees, the municipality  may  consider  the
14    following:
15             (1)  the  services  furnished  or to be furnished by
16        the user of the stormwater management system;
17             (2)  the nature and extent of the use of the land;
18             (3)  the land's stormwater  runoff  characteristics;
19        and
20             (4)  any other reasonable grounds for distinguishing
21        between different parcels of property.
22        (d)  Establishment    by    ordinance.   The   stormwater
23    management service fees shall be established and revised,  be
24    due  and  payable,  and  be  in  force  as  the  municipality
25    determines  by  ordinance.  The  municipality  may  exempt or
26    refund all or a portion of the fees under this  Section  from
27    any  other governmental unit or from not-for-profit agencies.
28    Notwithstanding any other law to the contrary, the stormwater
29    management service fees established by a municipality are not
30    subject to  any  State  agency  regulations  governing  these
31    services  or  the  fees  for  similar  services  provided  by
32    privately-owned entities.

33        Section  99.  Effective date.  This Act takes effect upon
 
                            -3-                LRB9211105BDdv
 1    becoming law.

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