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| Public Act 098-0335
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| HB1522 Enrolled | LRB098 08290 OMW 38392 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by adding Section |
5-1062.3 as follows:
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(55 ILCS 5/5-1062.3 new) |
Sec. 5-1062.3. Stormwater management; DuPage and Peoria |
Counties. |
(a) The purpose of this Section is to allow management and |
mitigation of the effects of urbanization on stormwater |
drainage in the metropolitan counties of DuPage and Peoria, and |
references to "county" in this Section apply only to those |
counties. This Section does not apply to a municipality that |
only partially lies within one of these counties and, on the |
effective date of this amendatory Act of the 98th General |
Assembly, is served by an existing Section in the Counties Code |
regarding stormwater management. The purpose of this Section |
shall be achieved by: |
(1) consolidating the existing stormwater management |
framework into a
united, countywide structure; |
(2) setting minimum standards for floodplain and |
stormwater management;
and |
(3) preparing a countywide plan for the management of |
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stormwater runoff,
including the management of natural and |
man-made drainageways. The countywide
plan may incorporate |
watershed plans. |
(b) A stormwater management planning committee may be |
established by county board resolution, with its membership |
consisting of equal numbers of county board and municipal |
representatives from each county board district, and such other |
members as may be determined by the county and municipal |
members. If the county has more than 6 county board districts, |
however, the county board may by ordinance divide the county |
into not less than 6 areas of approximately equal population, |
to be used instead of county board districts for the purpose of |
determining representation on the stormwater management |
planning committee. |
The county board members shall be appointed by the chairman |
of the county board. Municipal members from each county board |
district or other represented area shall be appointed by a |
majority vote of the mayors of those municipalities that have |
the greatest percentage of their respective populations |
residing in that county board district or other represented |
area. All municipal and county board representatives shall be |
entitled to a vote; the other members shall be nonvoting |
members, unless authorized to vote by the unanimous consent of |
the municipal and county board representatives. A municipality |
that is located in more than one county may choose, at the time |
of formation of the stormwater management planning committee |
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and based on watershed boundaries, to participate in the |
stormwater management planning program of either county. |
Subcommittees of the stormwater management planning committee |
may be established to serve a portion of the county or a |
particular drainage basin that has similar stormwater |
management needs. The stormwater management planning committee |
shall adopt bylaws, by a majority vote of the county and |
municipal members, to govern the functions of the committee and |
its subcommittees. Officers of the committee shall include a |
chair and vice chair, one of whom shall be a county |
representative and one a municipal representative. |
The principal duties of the committee shall be to develop a |
stormwater management plan for presentation to and approval by |
the county board, and to direct the plan's implementation and |
revision. The committee may retain engineering, legal, and |
financial advisors and inspection personnel. The committee |
shall meet at least quarterly and shall hold at least one |
public meeting during the preparation of the plan and prior to |
its submittal to the county board. The committee may make |
grants to units of local government that have adopted an |
ordinance requiring actions consistent with the stormwater |
management plan and to landowners for the purposes of |
stormwater management, including special projects; use of the |
grant money must be consistent with the stormwater management |
plan. |
The committee shall not have or exercise any power of |
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eminent domain. |
(c) In the preparation of a stormwater management plan, a |
county stormwater management planning committee shall |
coordinate the planning process with each adjoining county to |
ensure that recommended stormwater projects will have no |
significant impact on the levels or flows of stormwaters in |
inter-county watersheds or on the capacity of existing and |
planned stormwater retention facilities. An adopted stormwater |
management plan shall identify steps taken by the county to |
coordinate the development of plan recommendations with |
adjoining counties. |
(d) The stormwater management committee may not enforce any |
rules or regulations that would interfere with (i) any power |
granted by the Illinois Drainage Code (70 ILCS 605/) to |
operate, construct, maintain, or improve drainage systems or |
(ii) the ability to operate, maintain, or improve the drainage |
systems used on or by land or a facility used for production |
agriculture purposes, as defined in the Use Tax Act (35 ILCS |
105/), except newly constructed buildings and newly installed |
impervious paved surfaces. Disputes regarding an exception |
shall be determined by a mutually agreed upon arbitrator paid |
by the disputing party or parties. |
(e) Before the stormwater management planning committee |
recommends to the county board a stormwater management plan for |
the county or a portion thereof, it shall submit the plan to |
the Office of Water Resources of the Department of Natural |
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Resources for review and recommendations. The Office, in |
reviewing the plan, shall consider such factors as impacts on |
the levels or flows in rivers and streams and the cumulative |
effects of stormwater discharges on flood levels. The Office of |
Water Resources shall determine whether the plan or ordinances |
enacted to implement the plan complies with the requirements of |
subsection (f). Within a period not to exceed 60 days, the |
review comments and recommendations shall be submitted to the |
stormwater management planning committee for consideration. |
Any amendments to the plan shall be submitted to the Office for |
review. |
(f) Prior to recommending the plan to the county board, the |
stormwater management planning committee shall hold at least |
one public hearing thereon and shall afford interested persons |
an opportunity to be heard. The hearing shall be held in the |
county seat. Notice of the hearing shall be published at least |
once and no less than 15 days in advance of the hearing in a |
newspaper of general circulation published in the county. The |
notice shall state the time and place of the hearing and the |
place where copies of the proposed plan will be accessible for |
examination by interested parties. If an affected municipality |
having a stormwater management plan adopted by ordinance wishes |
to protest the proposed county plan provisions, it shall appear |
at the hearing and submit in writing specific proposals to the |
stormwater management planning committee. After consideration |
of the matters raised at the hearing, the committee may amend |
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or approve the plan and recommend it to the county board for |
adoption. |
The county board may enact the proposed plan by ordinance. |
If the proposals for modification of the plan made by an |
affected municipality having a stormwater management plan are |
not included in the proposed county plan, and the municipality |
affected by the plan opposes adoption of the county plan by |
resolution of its corporate authorities, approval of the county |
plan shall require an affirmative vote of at least two-thirds |
of the county board members present and voting. If the county |
board wishes to amend the county plan, it shall submit in |
writing specific proposals to the stormwater management |
planning committee. If the proposals are not approved by the |
committee, or are opposed by resolution of the corporate |
authorities of an affected municipality having a municipal |
stormwater management plan, amendment of the plan shall require |
an affirmative vote of at least two-thirds of the county board |
members present and voting. |
(g) The county board may prescribe by ordinance reasonable |
rules and regulations for floodplain management and for |
governing the location, width, course, and release rate of all |
stormwater runoff channels, streams, and basins in the county, |
in accordance with the adopted stormwater management plan. |
Land, facilities, and drainage district facilities used for |
production agriculture as defined in subsection (d) shall not |
be subjected to regulation by the county board or stormwater |
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management committee under this Section for floodplain |
management and for governing location, width, course, |
maintenance, and release rate of stormwater runoff channels, |
streams and basins, or water discharged from a drainage |
district. These rules and regulations shall, at a minimum, meet |
the standards for floodplain management established by the |
Office of Water Resources and the requirements of the Federal |
Emergency Management Agency for participation in the National |
Flood Insurance Program. With respect to DuPage County only, |
the Chicago Metropolitan Agency for Planning may not impose |
more stringent regulations regarding water quality on entities |
discharging in accordance with a valid National Pollution |
Discharge Elimination System permit issued under the |
Environmental Protection Act. |
(h) For the purpose of implementing this Section and for |
the development, design, planning, construction, operation, |
and maintenance of stormwater facilities provided for in the |
adopted stormwater management plan, a county board that has |
established a stormwater management planning committee |
pursuant to this Section or has participated in a stormwater |
management planning process may adopt a schedule of fees |
applicable to all real property within the county which |
benefits from the county's stormwater management facilities |
and activities, and as may be necessary to mitigate the effects |
of increased stormwater runoff resulting from development. The |
total amount of the fees assessed must be specifically and |
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uniquely attributable to the actual costs of the county in the |
preparation, administration, and implementation of the adopted |
stormwater management plan, construction and maintenance of |
stormwater facilities, and other activities related to the |
management of the runoff from the property. The individual fees |
must be specifically and uniquely attributable to the portion |
of the actual cost to the county of managing the runoff from |
the property. The fees shall be used to finance activities |
undertaken by the county or its included municipalities to |
mitigate the effects of urban stormwater runoff by providing |
and maintaining stormwater collection, retention, detention, |
and particulate treatment facilities, and improving water |
bodies impacted by stormwater runoff, as identified in the |
county plan. In establishing, maintaining, or replacing such |
facilities, the county shall not duplicate facilities operated |
by other governmental bodies within its corporate boundaries. |
The schedule of fees established by the county board shall |
include a procedure for a full or partial fee waiver for |
property owners who have taken actions or put in place |
facilities that reduce or eliminate the cost to the county of |
providing stormwater management services to their property. |
The county board may also offer tax or fee rebates or incentive |
payments to property owners who construct, maintain, and use |
approved green infrastructure stormwater management devices or |
any other methods that reduce or eliminate the cost to the |
county of providing stormwater management services to the |
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property, including but not limited to facilities that reduce |
the volume, temperature, velocity, and pollutant load of the |
stormwater managed by the county, such as systems that |
infiltrate, evapotranspirate, or harvest stormwater for reuse, |
known as "green infrastructure". In exercising this authority, |
the county shall provide notice to the municipalities within |
their jurisdictions of any fees proposed under this Section and |
seek the input of each municipality with respect to the |
calculation of the fees. The county shall also give property |
owners at least 2 years' notice of the fee, during which time |
the county shall provide education on green infrastructure |
practices and an opportunity to take action to reduce or |
eliminate the fee. All these fees collected by the county shall |
be held in a separate fund, and shall be expended only in the |
watershed within which they were collected. The county may |
enter into intergovernmental agreements with other government |
bodies for the joint administration of stormwater management |
and the collection of the fees authorized in this Section. |
A fee schedule authorized by this subsection must have the |
same limit as the authorized stormwater tax. In Peoria County |
only, the fee schedule shall not be adopted unless (i) a |
referendum has been passed approving a stormwater tax as |
provided in subsection (i) of this Section; or (ii) the |
question of the adoption of a fee schedule with the same limit |
as the authorized stormwater tax has been approved in a |
referendum by a majority of those voting on the question. |
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(i) In the alternative to a fee imposed under subsection |
(h), the county board may cause an annual tax of not to exceed |
0.20% of the value, as equalized or assessed by the Department |
of Revenue, of all taxable property in the county to be levied |
upon all the taxable property in the county. The property tax |
shall be in addition to all other taxes authorized by law to be |
levied and collected in the county and shall be in addition to |
the maximum tax rate authorized by law for general county |
purposes. The 0.20% limitation provided in this Section may be |
increased or decreased by referendum in accordance with the |
provisions of Sections 18-120, 18-125, and 18-130 of the |
Property Tax Code (35 ILCS 200/). |
Any revenues generated as a result of ownership or |
operation of facilities or land acquired with the tax funds |
collected pursuant to this subsection shall be held in a |
separate fund and be used either to abate such property tax or |
for implementing this Section. |
If at least part of the county has been declared by a |
presidential proclamation after July 1, 1986 and before |
December 31, 1987, to be a disaster area as a result of |
flooding, the tax authorized by this subsection does not |
require approval by referendum. However, in Peoria County, the |
tax authorized by this subsection shall not be levied until the |
question of its adoption, either for a specified period or |
indefinitely, has been submitted to the electors thereof and |
approved by a majority of those voting on the question. This |
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question may be submitted at any election held in the county |
after the adoption of a resolution by the county board |
providing for the submission of the question to the electors of |
the county. The county board shall certify the resolution and |
proposition to the proper election officials, who shall submit |
the proposition at an election in accordance with the general |
election law. If a majority of the votes cast on the question |
is in favor of the levy of the tax, it may thereafter be levied |
in the county for the specified period or indefinitely, as |
provided in the proposition. The question shall be put in |
substantially the following form: |
Shall an annual tax be levied
for stormwater management |
purposes (for a period of not more than ..... years) at a |
rate not exceeding
.....% of the equalized assessed
value |
of the taxable property of ..... County? |
Votes shall be recorded as Yes or No. |
The following question may be submitted at any election |
held in the county after the adoption of a resolution by the |
county board providing for the submission of the question to |
the electors of the county to authorize adoption of a schedule |
of fees applicable to all real property within the county: |
Shall the county board be authorized to adopt a |
schedule of fees, at a rate not exceeding that of the |
stormwater management tax, applicable to all real property |
for preparation, administration, and implementation of an |
adopted stormwater management plan, construction and |
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maintenance of related facilities, and management of the |
runoff from the property? |
Votes shall be recorded as Yes or No. |
If these questions have been approved by a majority of |
those voting prior to the effective date of this amendatory Act |
of the 98th General Assembly, this subsection does not apply. |
(j) For those counties that adopt a property tax in |
accordance with the provisions in this Section, the stormwater |
management committee shall offer property tax abatements or |
incentive payments to property owners who construct, maintain, |
and use approved stormwater management devices. The stormwater |
management committee is authorized to offer credits to the |
property tax, if applicable, based on authorized practices |
consistent with the stormwater management plan and approved by |
the committee. Expenses of staff of a stormwater management |
committee that are expended on regulatory project review may be |
no more than 20% of the annual budget of the committee, |
including funds raised under subsections (h) and (i). |
(k) Upon the creation and implementation of a county |
stormwater management
plan, the county may petition the circuit |
court to dissolve any or all drainage
districts created |
pursuant to the Illinois Drainage Code or predecessor Acts
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which are located entirely within the area of the county |
covered by the plan. |
However, any active drainage district implementing a plan |
that is
consistent with and at least as stringent as the county |
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stormwater
management plan may petition the stormwater |
management planning committee
for exception from dissolution. |
Upon filing of the petition, the committee
shall set a date for |
hearing not less than 2 weeks, nor more than 4 weeks,
from the |
filing thereof, and the committee shall give at least one |
week's
notice of the hearing in one or more newspapers of |
general circulation
within the district, and in addition shall |
cause a copy of the notice to be
personally served upon each of |
the trustees of the district. At the
hearing, the committee |
shall hear the district's petition and allow the
district |
trustees and any interested parties an opportunity to present |
oral
and written evidence. The committee shall render its |
decision upon the
petition for exception from dissolution based |
upon the best interests of
the residents of the district. In |
the event that the exception is not
allowed, the district may |
file a petition within 30 days of the decision
with the circuit |
court. In that case, the notice and hearing requirements
for |
the court shall be the same as herein provided for the |
committee.
The court shall likewise render its decision of |
whether to dissolve the
district based upon the best interests |
of residents of the district. |
The dissolution of any drainage district shall not affect |
the obligation
of any bonds issued or contracts entered into by |
the district nor
invalidate the levy, extension or collection |
of any taxes or special
assessments upon the property in the |
former drainage district. All property
and obligations of the |
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former drainage district shall be assumed and
managed by the |
county, and the debts of the former drainage district shall
be |
discharged as soon as practicable. |
If a drainage district lies only partly within a county |
that adopts a
county stormwater management plan, the county may |
petition the circuit
court to disconnect from the drainage |
district that portion of the district
that lies within that |
county. The property of the drainage district within the
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disconnected area shall be assumed and managed by the county. |
The county shall
also assume a portion of the drainage |
district's debt at the time of
disconnection, based on the |
portion of the value of the taxable property of the
drainage |
district which is located within the area being disconnected. |
The operations of any drainage district that continues to |
exist in a
county that has adopted a stormwater management plan |
in accordance with
this Section shall be in accordance with the |
adopted plan. |
(l) Any county that has adopted a county stormwater |
management plan under this Section may, after 10 days written |
notice receiving consent of the owner or occupant, enter upon |
any lands or waters within the county for the purpose of |
inspecting stormwater facilities or causing the removal of any |
obstruction to an affected watercourse. If consent is denied or |
cannot be reasonably obtained, the county ordinance shall |
provide a process or procedure for an administrative warrant to |
be obtained. The county shall be responsible for any damages |
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occasioned thereby. |
(m) Except as otherwise provided in subsection (a) of this |
Section, upon petition of the municipality, and based on a |
finding of the stormwater management planning committee, the |
county shall not enforce rules and regulations adopted by the |
county in any municipality located wholly or partly within the |
county that has a municipal stormwater management ordinance |
that is consistent with and at least as stringent as the county |
plan and ordinance, and is being enforced by the municipal |
authorities. On issues that the county ordinance is more |
stringent as deemed by the committee, the county shall only |
enforce rules and regulations adopted by the county on the more |
stringent issues and accept municipal permits. The county shall |
have no more than 60 days to review permits or the permits |
shall be deemed approved. |
(n) A county may issue general obligation bonds for |
implementing any stormwater plan adopted under this Section in |
the manner prescribed in Section 5-1012; except that the |
referendum requirement of Section 5-1012 does not apply to |
bonds issued pursuant to this Section on which the principal |
and interest are to be paid entirely out of funds generated by |
the taxes and fees authorized by this Section. |
(o) A county that has adopted a fee schedule pursuant to |
this Section may not thereafter issue any bond extensions |
related to implementing a stormwater management plan. |
(p) The powers authorized by this Section may be |
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implemented by the county board for a portion of the county |
subject to similar stormwater management needs. |
(q) The powers and taxes authorized by this Section are in |
addition to the powers and taxes authorized by Division 5-15; |
in exercising its powers under this Section, a county shall not |
be subject to the restrictions and requirements of that |
Division. |
(r) Stormwater management projects and actions related to |
stormwater management in a county that has adopted a fee |
schedule or tax pursuant to this Section prior to the effective |
date of this amendatory Act of the 98th General Assembly are |
not altered by this amendatory Act of the 98th General |
Assembly.
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