99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2460

Introduced , by Rep. Ron Sandack

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1062.3

Amends the Counties Code. Provides that DuPage County is no longer subject to a Section which allows management and mitigation of the effects of urbanization on stormwater drainage. Effective immediately.

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A BILL FOR

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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 County ~~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 county ~~counties~~ of ~~DuPage and~~

12 Peoria, and references to "county" in this Section applies

13 ~~apply~~ only to Peoria County ~~those counties~~. This Section does

14 not apply to a municipality that only partially lies within

15 Peoria County ~~one of these counties~~ and, on the effective date

16 of this amendatory Act of the 98th General Assembly, is served

17 by an existing Section in the Counties Code regarding

18 stormwater management. The purpose of this Section shall be

19 achieved by:

20 (1) consolidating the existing stormwater management

21 framework into a united, countywide structure;

22 (2) setting minimum standards for floodplain and

23 stormwater management; and

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1 (3) preparing a countywide plan for the management of

2 stormwater runoff, including the management of natural and

3 man-made drainageways. The countywide plan may incorporate

4 watershed plans.

5 (b) A stormwater management planning committee may be

6 established:

7 (1) by county board resolution, with its membership

8 consisting of equal numbers of county board and municipal

9 representatives from each county board district, and such

10 other members as may be determined by the county and

11 municipal members; or ~~. If the county has more than 6 county~~

12 ~~board districts, however, the~~

13 (2) by county board ~~may by~~ ordinance dividing ~~divide~~

14 the county into not less than 6 areas of approximately

15 equal population~~, to be used instead of county board~~

16 ~~districts~~ for the purpose of determining representation on

17 the stormwater management planning committee.

18 The county board members shall be appointed by the chairman

19 of the county board. Municipal members from each county board

20 district or other represented area shall be appointed by a

21 majority vote of the mayors of those municipalities that have

22 the greatest percentage of their respective populations

23 residing in that county board district or other represented

24 area. All municipal and county board representatives shall be

25 entitled to a vote; the other members shall be nonvoting

26 members, unless authorized to vote by the unanimous consent of

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1 the municipal and county board representatives. A municipality

2 that is located in more than one county may choose, at the time

3 of formation of the stormwater management planning committee

4 and based on watershed boundaries, to participate in the

5 stormwater management planning program of either county as long

6 as it is served by an existing Section in the Counties Code

7 regarding stormwater management. Subcommittees of the

8 stormwater management planning committee may be established to

9 serve a portion of the county or a particular drainage basin

10 that has similar stormwater management needs. The stormwater

11 management planning committee shall adopt bylaws, by a majority

12 vote of the county and municipal members, to govern the

13 functions of the committee and its subcommittees. Officers of

14 the committee shall include a chair and vice chair, one of whom

15 shall be a county representative and one a municipal

16 representative.

17 The principal duties of the committee shall be to develop a

18 stormwater management plan for presentation to and approval by

19 the county board, and to direct the plan's implementation and

20 revision. The committee may retain engineering, legal, and

21 financial advisors and inspection personnel. The committee

22 shall meet at least quarterly and shall hold at least one

23 public meeting during the preparation of the plan and prior to

24 its submittal to the county board. The committee may make

25 grants to units of local government that have adopted an

26 ordinance requiring actions consistent with the stormwater

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1 management plan and to landowners for the purposes of

2 stormwater management, including special projects; use of the

3 grant money must be consistent with the stormwater management

4 plan.

5 The committee shall not have or exercise any power of

6 eminent domain.

7 (c) In the preparation of a stormwater management plan, a

8 county stormwater management planning committee shall

9 coordinate the planning process with each adjoining county to

10 ensure that recommended stormwater projects will have no

11 significant impact on the levels or flows of stormwaters in

12 inter-county watersheds or on the capacity of existing and

13 planned stormwater retention facilities. An adopted stormwater

14 management plan shall identify steps taken by the county to

15 coordinate the development of plan recommendations with

16 adjoining counties.

17 (d) The stormwater management committee may not enforce any

18 rules or regulations that would interfere with (i) any power

19 granted by the Illinois Drainage Code (70 ILCS 605/) to

20 operate, construct, maintain, or improve drainage systems or

21 (ii) the ability to operate, maintain, or improve the drainage

22 systems used on or by land or a facility used for production

23 agriculture purposes, as defined in the Use Tax Act (35 ILCS

24 105/), except newly constructed buildings and newly installed

25 impervious paved surfaces. Disputes regarding an exception

26 shall be determined by a mutually agreed upon arbitrator paid

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1 by the disputing party or parties.

2 (e) Before the stormwater management planning committee

3 recommends to the county board a stormwater management plan for

4 the county or a portion thereof, it shall submit the plan to

5 the Office of Water Resources of the Department of Natural

6 Resources for review and recommendations. The Office, in

7 reviewing the plan, shall consider such factors as impacts on

8 the levels or flows in rivers and streams and the cumulative

9 effects of stormwater discharges on flood levels. The Office of

10 Water Resources shall determine whether the plan or ordinances

11 enacted to implement the plan complies with the requirements of

12 subsection (f). Within a period not to exceed 60 days, the

13 review comments and recommendations shall be submitted to the

14 stormwater management planning committee for consideration.

15 Any amendments to the plan shall be submitted to the Office for

16 review.

17 (f) Prior to recommending the plan to the county board, the

18 stormwater management planning committee shall hold at least

19 one public hearing thereon and shall afford interested persons

20 an opportunity to be heard. The hearing shall be held in the

21 county seat. Notice of the hearing shall be published at least

22 once and no less than 15 days in advance of the hearing in a

23 newspaper of general circulation published in the county. The

24 notice shall state the time and place of the hearing and the

25 place where copies of the proposed plan will be accessible for

26 examination by interested parties. If an affected municipality

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1 having a stormwater management plan adopted by ordinance wishes

2 to protest the proposed county plan provisions, it shall appear

3 at the hearing and submit in writing specific proposals to the

4 stormwater management planning committee. After consideration

5 of the matters raised at the hearing, the committee may amend

6 or approve the plan and recommend it to the county board for

7 adoption.

8 The county board may enact the proposed plan by ordinance.

9 If the proposals for modification of the plan made by an

10 affected municipality having a stormwater management plan are

11 not included in the proposed county plan, and the municipality

12 affected by the plan opposes adoption of the county plan by

13 resolution of its corporate authorities, approval of the county

14 plan shall require an affirmative vote of at least two-thirds

15 of the county board members present and voting. If the county

16 board wishes to amend the county plan, it shall submit in

17 writing specific proposals to the stormwater management

18 planning committee. If the proposals are not approved by the

19 committee, or are opposed by resolution of the corporate

20 authorities of an affected municipality having a municipal

21 stormwater management plan, amendment of the plan shall require

22 an affirmative vote of at least two-thirds of the county board

23 members present and voting.

24 (g) The county board may prescribe by ordinance reasonable

25 rules and regulations for floodplain management and for

26 governing the location, width, course, and release rate of all

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1 stormwater runoff channels, streams, and basins in the county,

2 in accordance with the adopted stormwater management plan.

3 Land, facilities, and drainage district facilities used for

4 production agriculture as defined in subsection (d) shall not

5 be subjected to regulation by the county board or stormwater

6 management committee under this Section for floodplain

7 management and for governing location, width, course,

8 maintenance, and release rate of stormwater runoff channels,

9 streams and basins, or water discharged from a drainage

10 district. These rules and regulations shall, at a minimum, meet

11 the standards for floodplain management established by the

12 Office of Water Resources and the requirements of the Federal

13 Emergency Management Agency for participation in the National

14 Flood Insurance Program. ~~With respect to DuPage County only,~~

15 ~~the Chicago Metropolitan Agency for Planning may not impose~~

16 ~~more stringent regulations regarding water quality on entities~~

17 ~~discharging in accordance with a valid National Pollution~~

18 ~~Discharge Elimination System permit issued under the~~

19 ~~Environmental Protection Act.~~

20 (h) For the purpose of implementing this Section and for

21 the development, design, planning, construction, operation,

22 and maintenance of stormwater facilities provided for in the

23 adopted stormwater management plan, a county board that has

24 established a stormwater management planning committee

25 pursuant to this Section or has participated in a stormwater

26 management planning process may adopt a schedule of fees

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1 applicable to all real property within the county which

2 benefits from the county's stormwater management facilities

3 and activities, and as may be necessary to mitigate the effects

4 of increased stormwater runoff resulting from development. The

5 total amount of the fees assessed must be specifically and

6 uniquely attributable to the actual costs of the county in the

7 preparation, administration, and implementation of the adopted

8 stormwater management plan, construction and maintenance of

9 stormwater facilities, and other activities related to the

10 management of the runoff from the property. The individual fees

11 must be specifically and uniquely attributable to the portion

12 of the actual cost to the county of managing the runoff from

13 the property. The fees shall be used to finance activities

14 undertaken by the county or its included municipalities to

15 mitigate the effects of urban stormwater runoff by providing

16 and maintaining stormwater collection, retention, detention,

17 and particulate treatment facilities, and improving water

18 bodies impacted by stormwater runoff, as identified in the

19 county plan. In establishing, maintaining, or replacing such

20 facilities, the county shall not duplicate facilities operated

21 by other governmental bodies within its corporate boundaries.

22 The schedule of fees established by the county board shall

23 include a procedure for a full or partial fee waiver for

24 property owners who have taken actions or put in place

25 facilities that reduce or eliminate the cost to the county of

26 providing stormwater management services to their property.

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1 The county board may also offer tax or fee rebates or incentive

2 payments to property owners who construct, maintain, and use

3 approved green infrastructure stormwater management devices or

4 any other methods that reduce or eliminate the cost to the

5 county of providing stormwater management services to the

6 property, including but not limited to facilities that reduce

7 the volume, temperature, velocity, and pollutant load of the

8 stormwater managed by the county, such as systems that

9 infiltrate, evapotranspirate, or harvest stormwater for reuse,

10 known as "green infrastructure". In exercising this authority,

11 the county shall provide notice to the municipalities within

12 its jurisdiction of any fees proposed under this Section and

13 seek the input of each municipality with respect to the

14 calculation of the fees. The county shall also give property

15 owners at least 2 years' notice of the fee, during which time

16 the county shall provide education on green infrastructure

17 practices and an opportunity to take action to reduce or

18 eliminate the fee. All these fees collected by the county shall

19 be held in a separate fund, and shall be expended only in the

20 watershed within which they were collected. The county may

21 enter into intergovernmental agreements with other government

22 bodies for the joint administration of stormwater management

23 and the collection of the fees authorized in this Section.

24 A fee schedule authorized by this subsection must have the

25 same limit as the authorized stormwater tax. The ~~In Peoria~~

26 ~~County only, the~~ fee schedule shall not be adopted unless (i) a

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1 referendum has been passed approving a stormwater tax as

2 provided in subsection (i) of this Section; or (ii) the

3 question of the adoption of a fee schedule with the same limit

4 as the authorized stormwater tax has been approved in a

5 referendum by a majority of those voting on the question.

6 (i) In the alternative to a fee imposed under subsection

7 (h), the county board may cause an annual tax of not to exceed

8 0.20% of the value, as equalized or assessed by the Department

9 of Revenue, of all taxable property in the county to be levied

10 upon all the taxable property in the county. The property tax

11 shall be in addition to all other taxes authorized by law to be

12 levied and collected in the county and shall be in addition to

13 the maximum tax rate authorized by law for general county

14 purposes. The 0.20% limitation provided in this Section may be

15 increased or decreased by referendum in accordance with the

16 provisions of Sections 18-120, 18-125, and 18-130 of the

17 Property Tax Code (35 ILCS 200/).

18 Any revenues generated as a result of ownership or

19 operation of facilities or land acquired with the tax funds

20 collected pursuant to this subsection shall be held in a

21 separate fund and be used either to abate such property tax or

22 for implementing this Section.

23 If at least part of the county has been declared by a

24 presidential proclamation after July 1, 1986 and before

25 December 31, 1987, to be a disaster area as a result of

26 flooding, the tax authorized by this subsection does not

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1 require approval by referendum. However, ~~in Peoria County,~~ the

2 tax authorized by this subsection shall not be levied until the

3 question of its adoption, either for a specified period or

4 indefinitely, has been submitted to the electors thereof and

5 approved by a majority of those voting on the question. This

6 question may be submitted at any election held in the county

7 after the adoption of a resolution by the county board

8 providing for the submission of the question to the electors of

9 the county. The county board shall certify the resolution and

10 proposition to the proper election officials, who shall submit

11 the proposition at an election in accordance with the general

12 election law. If a majority of the votes cast on the question

13 is in favor of the levy of the tax, it may thereafter be levied

14 in the county for the specified period or indefinitely, as

15 provided in the proposition. The question shall be put in

16 substantially the following form:

17 Shall an annual tax be levied for stormwater management

18 purposes (for a period of not more than ..... years) at a

19 rate not exceeding .....% of the equalized assessed value

20 of the taxable property of Peoria ~~.....~~ County?

21 Votes shall be recorded as Yes or No.

22 The following question may be submitted at any election

23 held in the county after the adoption of a resolution by the

24 county board providing for the submission of the question to

25 the electors of the county to authorize adoption of a schedule

26 of fees applicable to all real property within the county:

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1 Shall the county board be authorized to adopt a

2 schedule of fees, at a rate not exceeding that of the

3 stormwater management tax, applicable to all real property

4 for preparation, administration, and implementation of an

5 adopted stormwater management plan, construction and

6 maintenance of related facilities, and management of the

7 runoff from the property?

8 Votes shall be recorded as Yes or No.

9 If these questions have been approved by a majority of

10 those voting prior to the effective date of this amendatory Act

11 of the 98th General Assembly, this subsection does not apply.

12 (j) If a county adopts ~~For those counties that adopt~~ a

13 property tax in accordance with the provisions in this Section,

14 the stormwater management committee shall offer property tax

15 abatements or incentive payments to property owners who

16 construct, maintain, and use approved stormwater management

17 devices. The stormwater management committee is authorized to

18 offer credits to the property tax, if applicable, based on

19 authorized practices consistent with the stormwater management

20 plan and approved by the committee. Expenses of staff of a

21 stormwater management committee that are expended on

22 regulatory project review may be no more than 20% of the annual

23 budget of the committee, including funds raised under

24 subsections (h) and (i).

25 (k) Upon the creation and implementation of a county

26 stormwater management plan, the county may petition the circuit

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1 court to dissolve any or all drainage districts created

2 pursuant to the Illinois Drainage Code or predecessor Acts

3 which are located entirely within the area of the county

4 covered by the plan.

5 However, any active drainage district implementing a plan

6 that is consistent with and at least as stringent as the county

7 stormwater management plan may petition the stormwater

8 management planning committee for exception from dissolution.

9 Upon filing of the petition, the committee shall set a date for

10 hearing not less than 2 weeks, nor more than 4 weeks, from the

11 filing thereof, and the committee shall give at least one

12 week's notice of the hearing in one or more newspapers of

13 general circulation within the district, and in addition shall

14 cause a copy of the notice to be personally served upon each of

15 the trustees of the district. At the hearing, the committee

16 shall hear the district's petition and allow the district

17 trustees and any interested parties an opportunity to present

18 oral and written evidence. The committee shall render its

19 decision upon the petition for exception from dissolution based

20 upon the best interests of the residents of the district. In

21 the event that the exception is not allowed, the district may

22 file a petition within 30 days of the decision with the circuit

23 court. In that case, the notice and hearing requirements for

24 the court shall be the same as herein provided for the

25 committee. The court shall likewise render its decision of

26 whether to dissolve the district based upon the best interests

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1 of residents of the district.

2 The dissolution of any drainage district shall not affect

3 the obligation of any bonds issued or contracts entered into by

4 the district nor invalidate the levy, extension or collection

5 of any taxes or special assessments upon the property in the

6 former drainage district. All property and obligations of the

7 former drainage district shall be assumed and managed by the

8 county, and the debts of the former drainage district shall be

9 discharged as soon as practicable.

10 If a drainage district lies only partly within a county

11 that adopts a county stormwater management plan, the county may

12 petition the circuit court to disconnect from the drainage

13 district that portion of the district that lies within that

14 county. The property of the drainage district within the

15 disconnected area shall be assumed and managed by the county.

16 The county shall also assume a portion of the drainage

17 district's debt at the time of disconnection, based on the

18 portion of the value of the taxable property of the drainage

19 district which is located within the area being disconnected.

20 The operations of any drainage district that continues to

21 exist in a county that has adopted a stormwater management plan

22 in accordance with this Section shall be in accordance with the

23 adopted plan.

24 (l) A ~~Any~~ county that has adopted a county stormwater

25 management plan under this Section may, after 10 days ~~days'~~

26 written notice receiving consent of the owner or occupant,

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1 enter upon any lands or waters within the county for the

2 purpose of inspecting stormwater facilities or causing the

3 removal of any obstruction to an affected watercourse. If

4 consent is denied or cannot be reasonably obtained, the county

5 ordinance shall provide a process or procedure for an

6 administrative warrant to be obtained. The county shall be

7 responsible for any damages occasioned thereby.

8 (m) Except as otherwise provided in subsection (a) of this

9 Section, upon petition of the municipality, and based on a

10 finding of the stormwater management planning committee, the

11 county shall not enforce rules and regulations adopted by the

12 county in any municipality located wholly or partly within the

13 county that has a municipal stormwater management ordinance

14 that is consistent with and at least as stringent as the county

15 plan and ordinance, and is being enforced by the municipal

16 authorities. On issues that the county ordinance is more

17 stringent as deemed by the committee, the county shall only

18 enforce rules and regulations adopted by the county on the more

19 stringent issues and accept municipal permits. The county shall

20 have no more than 60 days to review permits or the permits

21 shall be deemed approved.

22 (n) A county may issue general obligation bonds for

23 implementing any stormwater plan adopted under this Section in

24 the manner prescribed in Section 5-1012; except that the

25 referendum requirement of Section 5-1012 does not apply to

26 bonds issued pursuant to this Section on which the principal

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1 and interest are to be paid entirely out of funds generated by

2 the taxes and fees authorized by this Section.

3 (o) A county that has adopted a fee schedule pursuant to

4 this Section may not thereafter issue any bond extensions

5 related to implementing a stormwater management plan.

6 (p) The powers authorized by this Section may be

7 implemented by the county board for a portion of the county

8 subject to similar stormwater management needs.

9 (q) The powers and taxes authorized by this Section are in

10 addition to the powers and taxes authorized by Division 5-15;

11 in exercising its powers under this Section, a county shall not

12 be subject to the restrictions and requirements of that

13 Division.

14 (r) Stormwater management projects and actions related to

15 stormwater management in a county that has adopted a fee

16 schedule or tax pursuant to this Section prior to the effective

17 date of this amendatory Act of the 98th General Assembly are

18 not altered by this amendatory Act of the 98th General

19 Assembly.

20 (Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)

21 Section 99. Effective date. This Act takes effect upon

22 becoming law.