State of Illinois
92nd General Assembly
Legislation

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92_SB0253

 
                                               LRB9205184EGfg

 1        AN ACT in relation to stormwater management.

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

 4        Section  5.  The Property Tax Code is amended by changing
 5    Section 18-185 as follows:

 6        (35 ILCS 200/18-185)
 7        Sec. 18-185.  Short title; definitions.  This Division  5
 8    may  be  cited  as the Property Tax Extension Limitation Law.
 9    As used in this Division 5:
10        "Consumer Price Index" means the Consumer Price Index for
11    All Urban Consumers for all items  published  by  the  United
12    States Department of Labor.
13        "Extension  limitation" means (a) the lesser of 5% or the
14    percentage increase in the Consumer Price  Index  during  the
15    12-month  calendar  year  preceding  the levy year or (b) the
16    rate of increase approved by voters under Section 18-205.
17        "Affected county" means a county  of  3,000,000  or  more
18    inhabitants  or  a county contiguous to a county of 3,000,000
19    or more inhabitants.
20        "Taxing  district"  has  the  same  meaning  provided  in
21    Section 1-150, except as otherwise provided in this  Section.
22    For  the 1991 through 1994 levy years only, "taxing district"
23    includes only each non-home rule taxing district  having  the
24    majority  of  its  1990  equalized  assessed value within any
25    county or counties contiguous to a county with  3,000,000  or
26    more inhabitants.  Beginning with the 1995 levy year, "taxing
27    district"  includes  only  each non-home rule taxing district
28    subject to this Law  before  the  1995  levy  year  and  each
29    non-home  rule taxing district not subject to this Law before
30    the 1995 levy year having the majority of its 1994  equalized
31    assessed  value in an affected county or counties.  Beginning
 
                            -2-                LRB9205184EGfg
 1    with the levy year in which this Law becomes applicable to  a
 2    taxing  district  as  provided  in  Section  18-213,  "taxing
 3    district"  also  includes those taxing districts made subject
 4    to this Law as provided in Section 18-213.
 5        "Aggregate extension" for taxing districts to which  this
 6    Law  applied  before  the  1995  levy  year  means the annual
 7    corporate extension for the taxing district and those special
 8    purpose extensions that are  made  annually  for  the  taxing
 9    district,  excluding special purpose extensions: (a) made for
10    the taxing district to pay interest or principal  on  general
11    obligation  bonds  that were approved by referendum; (b) made
12    for any taxing district  to  pay  interest  or  principal  on
13    general  obligation  bonds issued before October 1, 1991; (c)
14    made for any taxing district to pay interest or principal  on
15    bonds  issued  to  refund  or  continue to refund those bonds
16    issued before October  1,  1991;  (d)  made  for  any  taxing
17    district  to  pay  interest  or  principal on bonds issued to
18    refund or continue to refund bonds issued  after  October  1,
19    1991  that  were  approved  by  referendum;  (e) made for any
20    taxing district to pay interest or principal on revenue bonds
21    issued before October 1, 1991 for payment of which a property
22    tax levy or the full faith and credit of the  unit  of  local
23    government  is  pledged;  however,  a  tax for the payment of
24    interest or principal on those bonds shall be made only after
25    the governing body of the unit of local government finds that
26    all other sources for payment are insufficient to make  those
27    payments;  (f)  made for payments under a building commission
28    lease when the lease payments are for the retirement of bonds
29    issued by the commission before October 1, 1991, to  pay  for
30    the  building  project;  (g)  made  for  payments  due  under
31    installment  contracts  entered  into before October 1, 1991;
32    (h) made for payments of  principal  and  interest  on  bonds
33    issued  under the Metropolitan Water Reclamation District Act
34    to finance construction projects initiated before October  1,
 
                            -3-                LRB9205184EGfg
 1    1991;  (i)  made  for  payments  of principal and interest on
 2    limited  bonds,  as  defined  in  Section  3  of  the   Local
 3    Government  Debt  Reform  Act, in an amount not to exceed the
 4    debt service extension base less the  amount  in  items  (b),
 5    (c),  (e),  and  (h)  of  this  definition for non-referendum
 6    obligations, except obligations initially issued pursuant  to
 7    referendum;  (j)  made for payments of principal and interest
 8    on bonds issued under Section 15 of the Local Government Debt
 9    Reform  Act;  and  (k)  made  by  a  school   district   that
10    participates  in  the  Special  Education  District  of  Lake
11    County,  created  by  special education joint agreement under
12    Section 10-22.31 of the  School  Code,  for  payment  of  the
13    school  district's  share  of  the  amounts  required  to  be
14    contributed  by the Special Education District of Lake County
15    to the Illinois Municipal Retirement Fund under Article 7  of
16    the  Illinois Pension Code; the amount of any extension under
17    this item (k) shall be certified by the  school  district  to
18    the county clerk.
19        "Aggregate  extension"  for the taxing districts to which
20    this Law did not apply before  the  1995  levy  year  (except
21    taxing  districts  subject  to  this  Law  in accordance with
22    Section 18-213) means the annual corporate extension for  the
23    taxing district and those special purpose extensions that are
24    made  annually  for  the  taxing  district, excluding special
25    purpose extensions: (a) made for the taxing district  to  pay
26    interest  or  principal on general obligation bonds that were
27    approved by referendum; (b) made for any taxing  district  to
28    pay  interest or principal on general obligation bonds issued
29    before March 1, 1995; (c) made for any taxing district to pay
30    interest or principal on bonds issued to refund  or  continue
31    to  refund  those bonds issued before March 1, 1995; (d) made
32    for any taxing district to pay interest or principal on bonds
33    issued to refund or continue to  refund  bonds  issued  after
34    March  1, 1995 that were approved by referendum; (e) made for
 
                            -4-                LRB9205184EGfg
 1    any taxing district to pay interest or principal  on  revenue
 2    bonds  issued  before  March  1,  1995 for payment of which a
 3    property tax levy or the full faith and credit of the unit of
 4    local government is pledged; however, a tax for  the  payment
 5    of  interest  or  principal on those bonds shall be made only
 6    after the governing body of  the  unit  of  local  government
 7    finds  that all other sources for payment are insufficient to
 8    make those payments; (f) made for payments under  a  building
 9    commission   lease  when  the  lease  payments  are  for  the
10    retirement of bonds issued by the commission before March  1,
11    1995  to  pay for the building project; (g) made for payments
12    due under installment contracts entered into before March  1,
13    1995;  (h)  made  for  payments  of principal and interest on
14    bonds  issued  under  the  Metropolitan   Water   Reclamation
15    District  Act  to  finance  construction  projects  initiated
16    before  October 1, 1991; (h-5) made for stormwater management
17    purposes by the Metropolitan Water  Reclamation  District  of
18    Greater  Chicago  under  Section 12 of the Metropolitan Water
19    Reclamation District Act; (i) made for payments of  principal
20    and interest on limited bonds, as defined in Section 3 of the
21    Local  Government Debt Reform Act, in an amount not to exceed
22    the debt service extension base less the amount in items (b),
23    (c),  and  (e)  of   this   definition   for   non-referendum
24    obligations,  except obligations initially issued pursuant to
25    referendum and bonds described  in  subsection  (h)  of  this
26    definition;  (j)  made for payments of principal and interest
27    on bonds issued under Section 15 of the Local Government Debt
28    Reform Act; (k) made for payments of principal  and  interest
29    on  bonds  authorized  by  Public Act 88-503 and issued under
30    Section 20a of the Chicago Park District Act for aquarium  or
31    museum  projects;  and (l) made for payments of principal and
32    interest on bonds authorized by Public Act 87-1191 and issued
33    under Section 42 of the Cook County Forest Preserve  District
34    Act for zoological park projects.
 
                            -5-                LRB9205184EGfg
 1        "Aggregate  extension"  for all taxing districts to which
 2    this Law applies in accordance with  Section  18-213,  except
 3    for  those  taxing  districts  subject  to  paragraph  (2) of
 4    subsection (e) of Section 18-213, means the annual  corporate
 5    extension  for  the taxing district and those special purpose
 6    extensions that are made annually for  the  taxing  district,
 7    excluding special purpose extensions: (a) made for the taxing
 8    district  to  pay interest or principal on general obligation
 9    bonds that were approved by  referendum;  (b)  made  for  any
10    taxing  district  to  pay  interest  or  principal on general
11    obligation  bonds  issued  before  the  date  on  which   the
12    referendum  making this Law applicable to the taxing district
13    is held; (c) made for any taxing district to pay interest  or
14    principal  on  bonds  issued  to refund or continue to refund
15    those bonds issued before the date on  which  the  referendum
16    making  this  Law  applicable to the taxing district is held;
17    (d) made for any taxing district to pay interest or principal
18    on bonds issued to refund or continue to refund bonds  issued
19    after  the  date  on  which  the  referendum  making this Law
20    applicable to the taxing district is held if the  bonds  were
21    approved by referendum after the date on which the referendum
22    making  this  Law  applicable to the taxing district is held;
23    (e) made for any taxing district to pay interest or principal
24    on  revenue  bonds  issued  before  the  date  on  which  the
25    referendum making this Law applicable to the taxing  district
26    is  held for payment of which a property tax levy or the full
27    faith and credit of the unit of local government is  pledged;
28    however,  a  tax  for the payment of interest or principal on
29    those bonds shall be made only after the  governing  body  of
30    the unit of local government finds that all other sources for
31    payment are insufficient to make those payments; (f) made for
32    payments  under  a  building  commission lease when the lease
33    payments are for  the  retirement  of  bonds  issued  by  the
34    commission  before  the  date  on which the referendum making
 
                            -6-                LRB9205184EGfg
 1    this Law applicable to the taxing district is held to pay for
 2    the  building  project;  (g)  made  for  payments  due  under
 3    installment contracts entered into before the date  on  which
 4    the  referendum  making  this  Law  applicable  to the taxing
 5    district is held; (h) made  for  payments  of  principal  and
 6    interest  on  limited  bonds,  as defined in Section 3 of the
 7    Local Government Debt Reform Act, in an amount not to  exceed
 8    the debt service extension base less the amount in items (b),
 9    (c),   and   (e)   of   this  definition  for  non-referendum
10    obligations, except obligations initially issued pursuant  to
11    referendum;  (i)  made for payments of principal and interest
12    on bonds issued under Section 15 of the Local Government Debt
13    Reform Act; and (j) made for a qualified airport authority to
14    pay interest or principal on general obligation bonds  issued
15    for the purpose of paying obligations due under, or financing
16    airport  facilities  required  to  be  acquired, constructed,
17    installed or equipped pursuant  to,  contracts  entered  into
18    before  March  1,  1996  (but not including any amendments to
19    such a contract taking effect on or after that date).
20        "Aggregate extension" for all taxing districts  to  which
21    this   Law  applies  in  accordance  with  paragraph  (2)  of
22    subsection (e) of Section 18-213 means the  annual  corporate
23    extension  for  the taxing district and those special purpose
24    extensions that are made annually for  the  taxing  district,
25    excluding special purpose extensions: (a) made for the taxing
26    district  to  pay interest or principal on general obligation
27    bonds that were approved by  referendum;  (b)  made  for  any
28    taxing  district  to  pay  interest  or  principal on general
29    obligation bonds issued before the  effective  date  of  this
30    amendatory  Act  of 1997; (c) made for any taxing district to
31    pay interest or  principal  on  bonds  issued  to  refund  or
32    continue  to  refund  those bonds issued before the effective
33    date of this amendatory Act of 1997; (d) made for any  taxing
34    district  to  pay  interest  or  principal on bonds issued to
 
                            -7-                LRB9205184EGfg
 1    refund or continue to refund bonds issued after the effective
 2    date of this  amendatory  Act  of  1997  if  the  bonds  were
 3    approved  by  referendum  after  the  effective  date of this
 4    amendatory Act of 1997; (e) made for any taxing  district  to
 5    pay  interest or principal on revenue bonds issued before the
 6    effective date of this amendatory Act of 1997 for payment  of
 7    which a property tax levy or the full faith and credit of the
 8    unit  of  local government is pledged; however, a tax for the
 9    payment of interest or principal on those bonds shall be made
10    only after the governing body of the unit of local government
11    finds that all other sources for payment are insufficient  to
12    make  those  payments; (f) made for payments under a building
13    commission  lease  when  the  lease  payments  are  for   the
14    retirement  of  bonds  issued  by  the  commission before the
15    effective date of this amendatory Act of 1997 to pay for  the
16    building project; (g) made for payments due under installment
17    contracts  entered  into  before  the  effective date of this
18    amendatory Act of 1997; (h) made for  payments  of  principal
19    and interest on limited bonds, as defined in Section 3 of the
20    Local  Government Debt Reform Act, in an amount not to exceed
21    the debt service extension base less the amount in items (b),
22    (c),  and  (e)  of   this   definition   for   non-referendum
23    obligations,  except obligations initially issued pursuant to
24    referendum; (i) made for payments of principal  and  interest
25    on bonds issued under Section 15 of the Local Government Debt
26    Reform Act; and (j) made for a qualified airport authority to
27    pay  interest or principal on general obligation bonds issued
28    for the purpose of paying obligations due under, or financing
29    airport facilities  required  to  be  acquired,  constructed,
30    installed  or  equipped  pursuant  to, contracts entered into
31    before March 1, 1996 (but not  including  any  amendments  to
32    such a contract taking effect on or after that date).
33        "Debt  service  extension  base" means an amount equal to
34    that portion of the extension for a taxing district  for  the
 
                            -8-                LRB9205184EGfg
 1    1994 levy year, or for those taxing districts subject to this
 2    Law  in  accordance  with  Section  18-213,  except for those
 3    subject to paragraph (2) of subsection (e) of Section 18-213,
 4    for the levy year in which the  referendum  making  this  Law
 5    applicable  to  the  taxing  district  is  held, or for those
 6    taxing districts subject  to  this  Law  in  accordance  with
 7    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
 8    1996 levy year, constituting  an  extension  for  payment  of
 9    principal and interest on bonds issued by the taxing district
10    without referendum, but not including (i) bonds authorized by
11    Public Act 88-503 and issued under Section 20a of the Chicago
12    Park  District  Act  for  aquarium  and museum projects; (ii)
13    bonds issued under Section 15 of the  Local  Government  Debt
14    Reform  Act;  or (iii) refunding obligations issued to refund
15    or  to  continue  to  refund  obligations  initially   issued
16    pursuant  to referendum.  The debt service extension base may
17    be established or increased as provided under Section 18-212.
18        "Special purpose extensions" include, but are not limited
19    to, extensions  for  levies  made  on  an  annual  basis  for
20    unemployment   and   workers'  compensation,  self-insurance,
21    contributions to pension plans, and extensions made  pursuant
22    to  Section  6-601  of  the  Illinois Highway Code for a road
23    district's permanent road fund  whether  levied  annually  or
24    not.   The  extension  for  a  special  service  area  is not
25    included in the aggregate extension.
26        "Aggregate extension base" means  the  taxing  district's
27    last preceding aggregate extension as adjusted under Sections
28    18-215 through 18-230.
29        "Levy  year" has the same meaning as "year" under Section
30    1-155.
31        "New property" means (i) the assessed value, after  final
32    board   of   review  or  board  of  appeals  action,  of  new
33    improvements or additions to  existing  improvements  on  any
34    parcel  of  real property that increase the assessed value of
 
                            -9-                LRB9205184EGfg
 1    that real property during the levy  year  multiplied  by  the
 2    equalization  factor  issued  by the Department under Section
 3    17-30 and (ii) the  assessed  value,  after  final  board  of
 4    review  or  board  of  appeals  action,  of real property not
 5    exempt from real estate taxation,  which  real  property  was
 6    exempt  from  real  estate  taxation  for  any portion of the
 7    immediately  preceding   levy   year,   multiplied   by   the
 8    equalization  factor  issued  by the Department under Section
 9    17-30.  In addition, the county clerk in a county  containing
10    a  population  of 3,000,000 or more shall include in the 1997
11    recovered tax increment value for any  school  district,  any
12    recovered tax increment value that was applicable to the 1995
13    tax year calculations.
14        "Qualified  airport authority" means an airport authority
15    organized under the Airport Authorities Act and located in  a
16    county  bordering  on  the  State  of  Wisconsin and having a
17    population in excess of 200,000 and not greater than 500,000.
18        "Recovered  tax  increment  value"   means,   except   as
19    otherwise  provided  in  this  paragraph,  the  amount of the
20    current year's equalized assessed value, in  the  first  year
21    after a municipality terminates the designation of an area as
22    a redevelopment project area previously established under the
23    Tax  Increment  Allocation  Development  Act  in the Illinois
24    Municipal Code, previously established under  the  Industrial
25    Jobs   Recovery  Law  in  the  Illinois  Municipal  Code,  or
26    previously established under the  Economic  Development  Area
27    Tax  Increment  Allocation  Act,  of each taxable lot, block,
28    tract, or  parcel  of  real  property  in  the  redevelopment
29    project  area  over  and above the initial equalized assessed
30    value of each property in  the  redevelopment  project  area.
31    For  the taxes which are extended for the 1997 levy year, the
32    recovered tax increment value  for  a  non-home  rule  taxing
33    district  that  first became subject to this Law for the 1995
34    levy year because a majority of its 1994  equalized  assessed
 
                            -10-               LRB9205184EGfg
 1    value  was  in  an  affected  county  or  counties  shall  be
 2    increased  if a municipality terminated the designation of an
 3    area in 1993  as  a  redevelopment  project  area  previously
 4    established  under  the  Tax Increment Allocation Development
 5    Act in the Illinois Municipal  Code,  previously  established
 6    under  the  Industrial  Jobs  Recovery  Law  in  the Illinois
 7    Municipal Code, or previously established under the  Economic
 8    Development  Area  Tax Increment Allocation Act, by an amount
 9    equal to the 1994 equalized assessed value  of  each  taxable
10    lot,  block,  tract,  or  parcel  of  real  property  in  the
11    redevelopment   project  area  over  and  above  the  initial
12    equalized  assessed   value   of   each   property   in   the
13    redevelopment  project  area.  In  the  first  year  after  a
14    municipality  removes  a taxable lot, block, tract, or parcel
15    of  real  property  from   a   redevelopment   project   area
16    established  under  the  Tax Increment Allocation Development
17    Act in the  Illinois  Municipal  Code,  the  Industrial  Jobs
18    Recovery  Law in the Illinois Municipal Code, or the Economic
19    Development Area Tax Increment Allocation Act, "recovered tax
20    increment value" means  the  amount  of  the  current  year's
21    equalized  assessed  value of each taxable lot, block, tract,
22    or parcel of real property  removed  from  the  redevelopment
23    project  area  over  and above the initial equalized assessed
24    value  of  that  real  property  before  removal   from   the
25    redevelopment project area.
26        Except  as  otherwise provided in this Section, "limiting
27    rate" means a fraction the numerator of  which  is  the  last
28    preceding  aggregate  extension base times an amount equal to
29    one plus the extension limitation defined in this Section and
30    the denominator of which  is  the  current  year's  equalized
31    assessed  value  of  all real property in the territory under
32    the jurisdiction of the taxing district during the prior levy
33    year.   For  those  taxing  districts  that   reduced   their
34    aggregate  extension  for  the  last preceding levy year, the
 
                            -11-               LRB9205184EGfg
 1    highest aggregate extension in any of the  last  3  preceding
 2    levy  years  shall  be  used for the purpose of computing the
 3    limiting  rate.   The  denominator  shall  not  include   new
 4    property.   The  denominator  shall not include the recovered
 5    tax increment value.
 6    (Source: P.A. 90-485,  eff.  1-1-98;  90-511,  eff.  8-22-97;
 7    90-568,  eff.  1-1-99;  90-616,  eff.  7-10-98;  90-655, eff.
 8    7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)

 9        Section 10.  The Counties Code  is  amended  by  changing
10    Section 5-1062.1 as follows:

11        (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
12        Sec.  5-1062.1.   Stormwater management planning councils
13    in Cook County.
14        (a)  Stormwater management planning in Cook County  shall
15    be  conducted  as  provided in Section 7h of the Metropolitan
16    Water Reclamation District Act.  References in  this  Section
17    to  the  "District"  mean  the Metropolitan Water Reclamation
18    District of Greater Chicago.
19        The  purpose  of  this  Section  is  to  create  planning
20    councils,  organized  by  watershed,  to  contribute  to  the
21    stormwater  management  planning  process  by  advising   the
22    Metropolitan  Water  Reclamation  District of Greater Chicago
23    and representing the needs and interests of  the  members  of
24    the  public  and  the local governments included within their
25    respective watersheds. allow management and mitigation of the
26    effects  of  urbanization  on  stormwater  drainage  in  Cook
27    County, and  This Section applies only to Cook  County.    In
28    addition,  this Section is intended to improve stormwater and
29    floodplain management in Cook County by the following:
30             (1)  Setting minimum standards  for  floodplain  and
31        stormwater management.
32             (2)  Preparing   plans   for   the   management   of
 
                            -12-               LRB9205184EGfg
 1        floodplains   and   stormwater   runoff,   including  the
 2        management of natural and man-made drainage ways.
 3        (b)  The purpose of this Section shall be achieved by the
 4    following:
 5        (1)  Creating 6 Stormwater management  planning  councils
 6    shall  be  formed  for each of the following according to the
 7    established watersheds  of  the  Chicago  Metropolitan  Area:
 8    North  Branch  Chicago  River, Lower Des Plaines Tributaries,
 9    Cal-Sag Channel, Little  Calumet  River,  Poplar  Creek,  and
10    Upper  Salt  Creek.   In  addition,  a  stormwater management
11    planning council shall be established for the combined  sewer
12    areas  of  Cook  County.    Additional  stormwater management
13    planning councils may be formed by  the  District  Stormwater
14    Management  Planning  Committee  for  other watersheds within
15    Cook County.
16        Membership on the watershed councils shall consist of the
17    chief elected official, or his or  her  designee,  from  each
18    municipality  and  township within the watershed and the Cook
19    County  Board  President,  or  his  or   her   designee,   if
20    unincorporated   area   is  included  in  the  watershed.   A
21    municipality or township shall be a member of more  than  one
22    watershed   council  if  the  corporate  boundaries  of  that
23    municipality, or township extend entered into more  than  one
24    watershed,  or  if  the municipality or township is served in
25    part by separate sewers and combined sewers.
26        Subcommittees  of  the  stormwater  management   planning
27    councils   may   be  established  to  assist  the  stormwater
28    management  planning  councils  in  performing  their  duties
29    preparing and implementing a stormwater management plan.  The
30    councils may adopt bylaws to govern the  functioning  of  the
31    stormwater management councils and subcommittees.
32        (2)  Creating,    by   intergovernmental   agreement,   a
33    county-wide Stormwater Management Planning Committee with its
34    membership  consisting  of  the  Chairman  of  each  of   the
 
                            -13-               LRB9205184EGfg
 1    watershed   management   councils,   the  Cook  County  Board
 2    President or his  designee,  and  the  Northeastern  Illinois
 3    Planning Commission President or his designee.
 4        (c)  (3)  The  principal duties of the watershed planning
 5    councils shall be to advise the District on  the  development
 6    and  implementation  of  the  countywide develop a stormwater
 7    management plan with respect to  matters  relating  to  their
 8    respective   watersheds  and  to  advise  and  represent  the
 9    concerns of for the watershed area and to recommend the  plan
10    for  adoption  to  the  units  of  local  government  in  the
11    watershed  area.   The councils shall meet at least quarterly
12    and shall  hold  at  least  one  public  hearing  during  the
13    preparation  of  the  plan.    Adoption of the watershed plan
14    shall be by each municipality in the watershed and by vote of
15    the County Board.
16        (d) (4)  The District principal duty of  the  county-wide
17    Stormwater  Management  Planning Committee shall give careful
18    consideration to the  recommendations  and  concerns  of  the
19    watershed  planning councils throughout the planning process.
20    be to coordinate the 6 watershed plans as  developed  and  to
21    coordinate  the  planning process with the adjoining counties
22    to ensure that recommended stormwater projects will  have  no
23    significant   adverse  impact  on  the  levels  or  flows  of
24    stormwater in the inter-county watershed or on  the  capacity
25    of existing and planned stormwater retention facilities.  The
26    District  Committee  shall  identify  in  an annual published
27    report  steps  taken  by  the  District  to  accommodate  the
28    concerns  and  recommendations  of  the  watershed   planning
29    councils.  Committee  to  coordinate  the development of plan
30    recommendations with adjoining counties.  The Committee shall
31    also  publish  a  coordinated  stormwater  document  of   all
32    activity  in  the Cook County area and agreed upon stormwater
33    planning standards.
34        (5)  The stormwater management planning  committee  shall
 
                            -14-               LRB9205184EGfg
 1    submit the coordinated watershed plans to the Office of Water
 2    Resources  of  the Department of Natural Resources and to the
 3    Northeastern Illinois  Planning  Commission  for  review  and
 4    recommendation.   The Office and the Commission, in reviewing
 5    the plan, shall consider those factors as impact on the level
 6    or flows in the rivers and streams and the cumulative effects
 7    of  stormwater  discharges  on  flood  levels.   The   review
 8    comments  and  recommendations  shall  be  submitted  to  the
 9    watershed councils for consideration.
10        (e)  (6)  The  stormwater  management  planning  councils
11    committee may recommend rules and regulations to the District
12    watershed councils governing the location, width, course, and
13    release rates of all stormwater runoff channels, streams, and
14    basins in their respective watersheds the county.
15        (f)  (7)  The  Northwest  Municipal Conference, the South
16    Suburban  Mayors  and  Managers  Association,  and  the  West
17    Central Municipal Conference shall  be  responsible  for  the
18    coordination  of  the  planning  councils  created under this
19    Section.
20    (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)

21        Section 15.  The Metropolitan Water Reclamation  District
22    Act is amended by adding Section 7h as follows:

23        (70 ILCS 2605/7h new)
24        Sec. 7h. Stormwater management.
25        (a)  Stormwater  management in Cook County shall be under
26    the general supervision of the Metropolitan Water Reclamation
27    District of Greater Chicago.  The District has the  authority
28    to  plan,  manage, implement, and finance activities relating
29    to stormwater management in Cook County.   The  authority  of
30    the  District  with  respect to stormwater management extends
31    throughout Cook  County  and  is  not  limited  to  the  area
32    otherwise  within  the  territory  and  jurisdiction  of  the
 
                            -15-               LRB9205184EGfg
 1    District under this Act.
 2        For  the  purposes  of this Section, the term "stormwater
 3    management" includes, without limitation, the  management  of
 4    floods and floodwaters.
 5        (b)  The   District   may   utilize   the   resources  of
 6    cooperating   local   watershed   councils   (including   the
 7    stormwater management planning councils created under Section
 8    5-1062.1  of  the   Counties   Code),   councils   of   local
 9    governments,  the  Northeastern Illinois Planning Commission,
10    and similar organizations and  agencies.   The  District  may
11    provide  those  organizations and agencies with funding, on a
12    contractual basis, for providing information to the District,
13    providing information to  the  public,  or  performing  other
14    activities related to stormwater management.
15        The  District  may enter into agreements with responsible
16    agencies  in  adjoining   counties   for   the   purpose   of
17    accommodating planning activities on a watershed basis.
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
23    included 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
27    watershed plans.
28        Prior  to  adopting  the countywide stormwater management
29    plan, the District shall hold at  least  one  public  hearing
30    thereon and shall afford interested persons an opportunity to
31    be heard.
32        (d)  The  District  may prescribe by ordinance reasonable
33    rules  and  regulations   for   floodplain   and   stormwater
34    management and for governing the location, width, course, and
 
                            -16-               LRB9205184EGfg
 1    release  rate of all stormwater runoff channels, streams, and
 2    basins  in  Cook  County,  in  accordance  with  the  adopted
 3    stormwater management  plan.   These  rules  and  regulations
 4    shall,  at  a  minimum,  meet  the  standards  for floodplain
 5    management established by the Office of  Water  Resources  of
 6    the  Department  of Natural Resources and the requirements of
 7    the Federal Emergency Management Agency for participation  in
 8    the National Flood Insurance Program.
 9        (e)  The  District  may  impose fees on areas outside the
10    District but within Cook County to mitigate  the  effects  of
11    increased  stormwater  runoff resulting from new development.
12    The fees shall not exceed the cost of satisfying  the  onsite
13    stormwater retention or detention requirements of the adopted
14    stormwater  management  plan.   The  fees  shall  be  used to
15    finance activities undertaken by the  District  or  units  of
16    local  government within the District to mitigate the effects
17    of urban stormwater runoff by providing  regional  stormwater
18    retention or detention facilities, as identified in the plan.
19    All  such  fees  collected by the District shall be held in a
20    separate fund.
21        (f)  Amounts realized from the tax  levy  for  stormwater
22    management  purposes  authorized in Section 12 may be used by
23    the District  for  implementing  this  Section  and  for  the
24    development,  design,  planning, construction, operation, and
25    maintenance of regional stormwater facilities provided for in
26    the stormwater management plan.
27        The proceeds of any tax  imposed  under  Section  12  for
28    stormwater  management purposes and any revenues generated as
29    a result of the ownership or operation of facilities or  land
30    acquired  with the proceeds of taxes imposed under Section 12
31    for  stormwater  management  purposes  shall  be  held  in  a
32    separate fund and used either for implementing  this  Section
33    or to abate those taxes.
34        (g)  The  District  may  plan,  implement,  finance,  and
 
                            -17-               LRB9205184EGfg
 1    operate regional stormwater management projects in accordance
 2    with the adopted countywide stormwater management plan.
 3        The  District shall provide for public review and comment
 4    on proposed stormwater  management  projects.   The  District
 5    shall  conform  to  State and federal requirements concerning
 6    public   information,    environmental    assessments,    and
 7    environmental impacts for projects receiving State or federal
 8    funds.
 9        The  District  may issue bonds under Section 9.6a of this
10    Act  for  the  purpose  of  funding   stormwater   management
11    projects.
12        The  District  shall  not use Cook County Forest Preserve
13    District  land  for  stormwater  or  flood  control  projects
14    without the consent of the Forest Preserve District.
15        (h)  Upon the creation and  implementation  of  a  county
16    stormwater  management  plan,  the  District may petition the
17    circuit court to  dissolve  any  or  all  drainage  districts
18    created pursuant to the Illinois Drainage Code or predecessor
19    Acts that are located entirely within the District.
20        However, any active drainage district implementing a plan
21    that  is  consistent  with  and  at least as stringent as the
22    county stormwater management plan may petition  the  District
23    for exception from dissolution.  Upon filing of the petition,
24    the  District  shall  set  a date for hearing not less than 2
25    weeks, nor more than 4 weeks, from the  filing  thereof,  and
26    the  District  shall  give  at least one week's notice of the
27    hearing in one or  more  newspapers  of  general  circulation
28    within  the  drainage district, and in addition shall cause a
29    copy of the notice to be personally served upon each  of  the
30    trustees  of  the  drainage  district.   At  the hearing, the
31    District shall hear  the  drainage  district's  petition  and
32    allow  the  drainage  district  trustees  and  any interested
33    parties an opportunity to present oral and written  evidence.
34    The  District shall render its decision upon the petition for
 
                            -18-               LRB9205184EGfg
 1    exception from dissolution based upon the best  interests  of
 2    the  residents  of  the drainage district.  In the event that
 3    the exception is not allowed, the drainage district may  file
 4    a  petition  with  the  circuit  court  within 30 days of the
 5    decision.  In that case, the notice and hearing  requirements
 6    for  the  court  shall  be  the  same  as  provided  in  this
 7    subsection for the petition to the District.  The court shall
 8    render its decision of whether to dissolve the district based
 9    upon  the  best  interests  of  the residents of the drainage
10    district.
11        The dissolution of a drainage district shall  not  affect
12    the  obligation of any bonds issued or contracts entered into
13    by the drainage district nor invalidate the levy,  extension,
14    or  collection  of  any taxes or special assessments upon the
15    property in the former drainage district.  All  property  and
16    obligations  of the former drainage district shall be assumed
17    and managed by the District, and  the  debts  of  the  former
18    drainage district shall be discharged as soon as practicable.
19        If  a  drainage  district  lies  only  partly  within the
20    District, the District may  petition  the  circuit  court  to
21    disconnect  from  the  drainage  district that portion of the
22    drainage  district  that  lies  within  the  District.    The
23    property  of  the  drainage  district within the disconnected
24    area shall be assumed  and  managed  by  the  District.   The
25    District   shall  also  assume  a  portion  of  the  drainage
26    district's debt at the time of disconnection,  based  on  the
27    portion  of the value of the taxable property of the drainage
28    district which is located within the area being disconnected.
29        A drainage district that continues to exist  within  Cook
30    County   shall  conform  its  operations  to  the  countywide
31    stormwater management plan.
32        (i)  The   District   may   assume   responsibility   for
33    maintaining any stream within Cook County.
34        (j)  The District may, after 10 days  written  notice  to
 
                            -19-               LRB9205184EGfg
 1    the  owner or occupant, enter upon any lands or waters within
 2    the  county  for  the  purpose   of   inspecting   stormwater
 3    facilities  or  causing  the removal of any obstruction to an
 4    affected watercourse.  The District shall be responsible  for
 5    any damages occasioned thereby.
 6        (k)  The  District shall report to the public annually on
 7    its activities and expenditures under this  Section  and  the
 8    adopted countywide stormwater management plan.
 9        (l)  The  powers  granted  to  the  District  under  this
10    Section  are  in  addition  to the other powers granted under
11    this Act.  This Section does not  limit  the  powers  of  the
12    District  under  any other provision of this Act or any other
13    law.
14        (m)  This Section does not affect the power  or  duty  of
15    any  unit  of  local  government  to take actions relating to
16    flooding or stormwater, so long as those actions conform with
17    this Section and the plans, rules, and ordinances adopted  by
18    the District under this Section.
19        A  home  rule  unit  located  in whole or in part in Cook
20    County may not regulate stormwater management or planning  in
21    Cook County in a manner inconsistent with this Section or the
22    plans,  rules,  and  ordinances adopted by the District under
23    this Section.  Pursuant to paragraph  (i)  of  Section  6  of
24    Article  VII  of  the  Illinois  Constitution,  this  Section
25    specifically denies and limits the exercise of any power that
26    is inconsistent with this Section by a home rule unit that is
27    a  county  with  a  population  of  1,500,000  or  more or is
28    located, in whole or in part, within such a county.

29        (70 ILCS 2605/12) (from Ch. 42, par. 332)
30        Sec. 12.  The board of commissioners  annually  may  levy
31    taxes   for  corporate  purposes  upon  property  within  the
32    territorial limits of such sanitary district,  the  aggregate
33    amount  of  which, exclusive of the amount levied for (a) the
 
                            -20-               LRB9205184EGfg
 1    payment of bonded indebtedness and  the  interest  on  bonded
 2    indebtedness  (b) employees' annuity and benefit purposes (c)
 3    construction  purposes,  and   (d)   for   the   purpose   of
 4    establishing  and  maintaining a reserve fund for the payment
 5    of claims, awards, losses,  judgments  or  liabilities  which
 6    might be imposed on such sanitary district under the Workers'
 7    Compensation  Act  or the Workers' Occupational Diseases Act,
 8    and any claim in tort, including  but  not  limited  to,  any
 9    claim  imposed  upon  such  sanitary district under the Local
10    Governmental and Governmental Employees  Tort  Immunity  Act,
11    and  for  the  repair or replacement of any property owned by
12    such sanitary district  which  is  damaged  by  fire,  flood,
13    explosion,  vandalism or any other peril, natural or manmade,
14    shall not exceed the sum produced by extending  the  rate  of
15    .46%  for  each  of  the  years year 1979 through 2001 and by
16    extending the rate of 0.41% for the year 2002 and  each  year
17    thereafter,  upon  the  assessed  valuation  of  all  taxable
18    property  within  the  sanitary  district  as  equalized  and
19    determined for State and local taxes.
20        In   addition,  for  stormwater  management  purposes  as
21    provided in subsection  (f)  of  Section  7h,  the  board  of
22    commissioners  may levy taxes for the year 2002 and each year
23    thereafter at a rate not to  exceed  0.05%  of  the  assessed
24    valuation  of  all  taxable  property  within the district as
25    equalized and determined for State and local taxes.
26        And In addition thereto,  for  construction  purposes  as
27    defined   in   Section   5.2   of  this  Act,  the  board  of
28    commissioners may levy taxes for the year 1985 and each  year
29    thereafter which shall be at a rate not to exceed .10% of the
30    assessed   valuation  of  all  taxable  property  within  the
31    sanitary district as equalized and determined for  State  and
32    local  taxes.   Amounts  realized  from  taxes  so levied for
33    construction purposes  shall  be  limited  for  use  to  such
34    purposes and shall not be available for appropriation or used
 
                            -21-               LRB9205184EGfg
 1    to defray the cost of repairs to or expense of maintaining or
 2    operating   existing   or   future   facilities,   but   such
 3    restrictions,   however,   shall   not  apply  to  additions,
 4    alterations, enlargements, and replacements  which  will  add
 5    appreciably to the value, utility, or the useful life of said
 6    facilities.
 7        Such   rates  shall  be  extended  against  the  assessed
 8    valuation of the taxable property within the corporate limits
 9    as the same shall be assessed and equalized  for  the  county
10    taxes  for the year in which  the levy is made and said board
11    shall cause the amount to be raised by taxation in each  year
12    to  be  certified  to  the  county  clerk  on  or  before the
13    thirtieth day of March; provided, however, that if during the
14    budget year the General Assembly authorizes  an  increase  in
15    such   rates,   the   board  of  commissioners  may  adopt  a
16    supplemental levy and shall make such  certification  to  the
17    County Clerk on or before the thirtieth day of December.
18        For the purpose of establishing and maintaining a reserve
19    fund  for the payment of claims, awards, losses, judgments or
20    liabilities which might be imposed on such sanitary  district
21    under   the   Workers'   Compensation  Act  or  the  Workers'
22    Occupational Diseases Act, and any claim in  tort,  including
23    but  not  limited  to,  any  claim imposed upon such sanitary
24    district  under  the  Local  Governmental  and   Governmental
25    Employees   Tort   Immunity   Act,  and  for  the  repair  or
26    replacement, where  the  cost  thereof  exceeds  the  sum  of
27    $10,000,  of  any  property  owned  by such sanitary district
28    which is damaged by fire, flood, explosion, vandalism or  any
29    other  peril, natural or man-made, such sanitary district may
30    also levy annually  upon  all  taxable  property  within  its
31    territorial  limits a tax not to exceed .005% of the assessed
32    valuation  of  said  taxable  property   as   equalized   and
33    determined  for State and local taxes; provided, however, the
34    aggregate amount which may be  accumulated  in  such  reserve
 
                            -22-               LRB9205184EGfg
 1    fund shall not exceed .05% of such assessed valuation.
 2        All  taxes so levied and certified shall be collected and
 3    enforced in the same manner and by the same officers as State
 4    and county taxes, and shall  be  paid  over  by  the  officer
 5    collecting   the  same  to  the  treasurer  of  the  sanitary
 6    district, in the manner and  at  the  time  provided  by  the
 7    general  revenue  law. No part of the taxes hereby authorized
 8    shall be used by such sanitary district for the  construction
 9    of  permanent,  fixed,  immovable  bridges across any channel
10    constructed under the provisions of  this  Act.  All  bridges
11    built  across  such  channel  shall not necessarily interfere
12    with or obstruct the navigation of  such  channel,  when  the
13    same becomes a navigable stream, as provided in Section 24 of
14    this  Act, but such bridges shall be so constructed that they
15    can be raised, swung or moved out  of  the  way  of  vessels,
16    tugs,  boats  or  other  water craft navigating such channel.
17    Nothing in this Act shall be so construed as to  compel  said
18    district  to  maintain  or  operate  said bridges, as movable
19    bridges, for a period of 9 years from and after the time when
20    the water has been turned into said channel pursuant to  law,
21    unless the needs of general navigation of the Des Plaines and
22    Illinois  Rivers,  when  connected  by  said  channel, sooner
23    require it. In levying taxes the board of  commissioners,  in
24    order  to  produce  the net amount required by the levies for
25    payment of bonds  and  interest  thereon,  shall  include  an
26    amount  or rate estimated to be sufficient to cover losses in
27    collection of taxes, the cost of collecting taxes, abatements
28    in the amount of such taxes as extended  on  the  collector's
29    books  and  the amount of such taxes collection of which will
30    be deferred; the amount so added for the purpose of producing
31    the net amount  required  shall  not  exceed  any  applicable
32    maximum tax rate or amount.
33    (Source: P.A. 84-630.)
 
                            -23-               LRB9205184EGfg
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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