Bill Text: IL HB2756 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Counties Code. Changes the application of provisions concerning allowing management and mitigation of the effects of urbanization on stormwater drainage in metropolitan counties located in the area served by the Northeastern Illinois Planning Commission to those located in the area served by the Chicago Metropolitan Agency for Planning. Authorizes all counties (currently, only specified counties) to adopt stormwater management plans. Provides that counties' minimum standards for floodplain and stormwater management should have an emphasis on the use of cost effective, nature-based solutions and provides examples of such solutions. Provides that the stormwater management plans shall evaluate water quality and flooding problems caused by urban flooding. Defines "urban flooding" as the flooding of public and private land in urban areas that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. Provides that a stormwater management planning committee may make grants to units of local government and landowners under specified conditions.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2017-05-12 - Rule 3-9(a) / Re-referred to Assignments [HB2756 Detail]

Download: Illinois-2017-HB2756-Engrossed.html



HB2756 EngrossedLRB100 10268 AWJ 20454 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Sections 5-1062, 5-1062.2, and 5-1062.3 as follows:
6 (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
7 Sec. 5-1062. Stormwater management.
8 (a) The purpose of this Section is to allow management and
9mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the Chicago Metropolitan Agency for Planning Northeastern
12Illinois Planning Commission, and references to "county" in
13this Section shall apply only to those counties. This Section
14shall not apply to any county with a population in excess of
151,500,000, except as provided in subsection (c). The purpose of
16this Section shall be achieved by:
17 (1) consolidating the existing stormwater management
18 framework into a united, countywide structure;
19 (2) setting minimum standards for floodplain and
20 stormwater management with an emphasis on the use of
21 cost-effective, nature-based solutions to flooding
22 problems, including, but not limited to, solutions that
23 restore or enhance the natural hydrologic cycle by

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1 increasing infiltration, evapotranspiration, and the
2 collection of runoff for reuse as appropriate considering
3 the local conditions that as a byproduct also results in
4 improved water conditions; and
5 (3) preparing a countywide plan for the management of
6 stormwater runoff, including the management of natural and
7 man-made drainageways. The countywide plan may incorporate
8 watershed plans and shall evaluate and address flooding
9 problems that exist in urbanized areas that are a result of
10 urban flooding.
11 (b) A stormwater management planning committee shall be
12established by county board resolution, with its membership
13consisting of equal numbers of county board and municipal
14representatives from each county board district, and such other
15members as may be determined by the county and municipal
16members. However, if the county has more than 6 county board
17districts, the county board may by ordinance divide the county
18into not less than 6 areas of approximately equal population,
19to be used instead of county board districts for the purpose of
20determining representation on the stormwater management
21planning committee.
22 The county board members shall be appointed by the chairman
23of the county board. Municipal members from each county board
24district or other represented area shall be appointed by a
25majority vote of the mayors of those municipalities which have
26the greatest percentage of their respective populations

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1residing in such county board district or other represented
2area. All municipal and county board representatives shall be
3entitled to a vote; the other members shall be nonvoting
4members, unless authorized to vote by the unanimous consent of
5the municipal and county board representatives. A municipality
6that is located in more than one county may choose, at the time
7of formation of the stormwater management planning committee
8and based on watershed boundaries, to participate in the
9stormwater management planning program of either or both of the
10counties. Subcommittees of the stormwater management planning
11committee may be established to serve a portion of the county
12or a particular drainage basin that has similar stormwater
13management needs. The stormwater management planning committee
14shall adopt by-laws, by a majority vote of the county and
15municipal members, to govern the functions of the committee and
16its subcommittees. Officers of the committee shall include a
17chair and vice chair, one of whom shall be a county
18representative and one a municipal representative.
19 The principal duties of the committee shall be to develop a
20stormwater management plan for presentation to and approval by
21the county board, and to direct the plan's implementation and
22revision. The committee may retain engineering, legal and
23financial advisors and inspection personnel. The committee
24shall meet at least quarterly and shall hold at least one
25public meeting during the preparation of the plan and prior to
26its submittal to the county board. The committee may make

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1grants to: (1) units of local government; (2) not-for-profit
2organizations; and (3) landowners. In order for a municipality
3located partially or wholly within a mapped floodplain to
4receive grant moneys, the municipality must be a member in the
5Federal Emergency Management Agency's National Flood Insurance
6Program. A municipality receiving grant moneys must have
7adopted an ordinance requiring actions consistent with the
8stormwater management plan. Use of the grant moneys must be
9consistent with the stormwater management plan.
10 (c) In the preparation of a stormwater management plan, a
11county stormwater management planning committee shall
12coordinate the planning process with each adjoining county to
13ensure that recommended stormwater projects will have no
14significant impact on the levels or flows of stormwaters in
15inter-county watersheds or on the capacity of existing and
16planned stormwater retention facilities. An adopted stormwater
17management plan shall identify steps taken by the county to
18coordinate the development of plan recommendations with
19adjoining counties.
20 (d) (Blank).
21 (e) Prior to recommending the plan to the county board, the
22stormwater management planning committee shall hold at least
23one public hearing thereon and shall afford interested persons
24an opportunity to be heard. The hearing shall be held in the
25county seat. Notice of the hearing shall be published at least
26once no less than 15 days in advance thereof in a newspaper of

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1general circulation published in the county. The notice shall
2state the time and place of the hearing and the place where
3copies of the proposed plan will be accessible for examination
4by interested parties. If an affected municipality having a
5stormwater management plan adopted by ordinance wishes to
6protest the proposed county plan provisions, it shall appear at
7the hearing and submit in writing specific proposals to the
8stormwater management planning committee. After consideration
9of the matters raised at the hearing, the committee may amend
10or approve the plan and recommend it to the county board for
11adoption.
12 The county board may enact the proposed plan by ordinance.
13If the proposals for modification of the plan made by an
14affected municipality having a stormwater management plan are
15not included in the proposed county plan, and the municipality
16affected by the plan opposes adoption of the county plan by
17resolution of its corporate authorities, approval of the county
18plan shall require an affirmative vote of at least two-thirds
19of the county board members present and voting. If the county
20board wishes to amend the county plan, it shall submit in
21writing specific proposals to the stormwater management
22planning committee. If the proposals are not approved by the
23committee, or are opposed by resolution of the corporate
24authorities of an affected municipality having a municipal
25stormwater management plan, amendment of the plan shall require
26an affirmative vote of at least two-thirds of the county board

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1members present and voting.
2 (f) The county board may prescribe by ordinance reasonable
3rules and regulations for floodplain or stormwater management
4and for governing the location, width, course and release rate
5of all stormwater runoff channels, streams and basins in the
6county, in accordance with the adopted stormwater management
7plan. These rules and regulations shall, at a minimum, meet the
8standards for floodplain management established by the Office
9of Water Resources and the requirements of the Federal
10Emergency Management Agency for participation in the National
11Flood Insurance Program.
12 (g) In accordance with, and if recommended in, the adopted
13stormwater management plan, the county board may adopt a
14schedule of fees as may be necessary to mitigate the effects of
15increased stormwater runoff resulting from new development.
16The fees shall not exceed the cost of satisfying the onsite
17stormwater retention or detention requirements of the adopted
18stormwater management plan. The fees shall be used to finance
19activities undertaken by the county or its included
20municipalities to mitigate the effects of urban stormwater
21runoff by providing regional stormwater retention or detention
22facilities, as identified in the county plan. All such fees
23collected by the county shall be held in a separate fund, and
24shall be expended only in the watershed within which they were
25collected.
26 (h) For the purpose of implementing this Section and for

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1the development, design, planning, construction, operation and
2maintenance of stormwater facilities provided for in the
3stormwater management plan, a county board that has established
4a stormwater management planning committee pursuant to this
5Section may cause an annual tax of not to exceed 0.20% of the
6value, as equalized or assessed by the Department of Revenue,
7of all taxable property in the county to be levied upon all the
8taxable property in the county. The tax shall be in addition to
9all other taxes authorized by law to be levied and collected in
10the county and shall be in addition to the maximum tax rate
11authorized by law for general county purposes. The 0.20%
12limitation provided in this Section may be increased or
13decreased by referendum in accordance with the provisions of
14Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
15 Any revenues generated as a result of ownership or
16operation of facilities or land acquired with the tax funds
17collected pursuant to this subsection (h) shall be held in a
18separate fund and be used either to abate such property tax or
19for implementing this Section.
20 However, unless at least part of the county has been
21declared after July 1, 1986 by presidential proclamation to be
22a disaster area as a result of flooding, the tax authorized by
23this subsection (h) shall not be levied until the question of
24its adoption, either for a specified period or indefinitely,
25has been submitted to the electors thereof and approved by a
26majority of those voting on the question. This question may be

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1submitted at any election held in the county after the adoption
2of a resolution by the county board providing for the
3submission of the question to the electors of the county. The
4county board shall certify the resolution and proposition to
5the proper election officials, who shall submit the proposition
6at an election in accordance with the general election law. If
7a majority of the votes cast on the question is in favor of the
8levy of the tax, it may thereafter be levied in the county for
9the specified period or indefinitely, as provided in the
10proposition. The question shall be put in substantially the
11following form:
12-------------------------------------------------------------
13 Shall an annual tax be levied
14for stormwater management purposes YES
15(for a period of not more than
16...... years) at a rate not exceeding ------------------
17.....% of the equalized assessed
18value of the taxable property of NO
19........ County?
20-------------------------------------------------------------
21 (i) Upon the creation and implementation of a county
22stormwater management plan, the county may petition the circuit
23court to dissolve any or all drainage districts created
24pursuant to the Illinois Drainage Code or predecessor Acts
25which are located entirely within the area of the county
26covered by the plan.

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1 However, any active drainage district implementing a plan
2that is consistent with and at least as stringent as the county
3stormwater management plan may petition the stormwater
4management planning committee for exception from dissolution.
5Upon filing of the petition, the committee shall set a date for
6hearing not less than 2 weeks, nor more than 4 weeks, from the
7filing thereof, and the committee shall give at least one
8week's notice of the hearing in one or more newspapers of
9general circulation within the district, and in addition shall
10cause a copy of the notice to be personally served upon each of
11the trustees of the district. At the hearing, the committee
12shall hear the district's petition and allow the district
13trustees and any interested parties an opportunity to present
14oral and written evidence. The committee shall render its
15decision upon the petition for exception from dissolution based
16upon the best interests of the residents of the district. In
17the event that the exception is not allowed, the district may
18file a petition within 30 days of the decision with the circuit
19court. In that case, the notice and hearing requirements for
20the court shall be the same as herein provided for the
21committee. The court shall likewise render its decision of
22whether to dissolve the district based upon the best interests
23of residents of the district.
24 The dissolution of any drainage district shall not affect
25the obligation of any bonds issued or contracts entered into by
26the district nor invalidate the levy, extension or collection

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1of any taxes or special assessments upon the property in the
2former drainage district. All property and obligations of the
3former drainage district shall be assumed and managed by the
4county, and the debts of the former drainage district shall be
5discharged as soon as practicable.
6 If a drainage district lies only partly within a county
7that adopts a county stormwater management plan, the county may
8petition the circuit court to disconnect from the drainage
9district that portion of the district that lies within that
10county. The property of the drainage district within the
11disconnected area shall be assumed and managed by the county.
12The county shall also assume a portion of the drainage
13district's debt at the time of disconnection, based on the
14portion of the value of the taxable property of the drainage
15district which is located within the area being disconnected.
16 The operations of any drainage district that continues to
17exist in a county that has adopted a stormwater management plan
18in accordance with this Section shall be in accordance with the
19adopted plan.
20 (j) Any county that has adopted a county stormwater
21management plan under this Section may, after 10 days written
22notice to the owner or occupant, enter upon any lands or waters
23within the county for the purpose of inspecting stormwater
24facilities or causing the removal of any obstruction to an
25affected watercourse. The county shall be responsible for any
26damages occasioned thereby.

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1 (k) Upon petition of the municipality, and based on a
2finding of the stormwater management planning committee, the
3county shall not enforce rules and regulations adopted by the
4county in any municipality located wholly or partly within the
5county that has a municipal stormwater management ordinance
6that is consistent with and at least as stringent as the county
7plan and ordinance, and is being enforced by the municipal
8authorities.
9 (l) A county may issue general obligation bonds for
10implementing any stormwater plan adopted under this Section in
11the manner prescribed in Section 5-1012; except that the
12referendum requirement of Section 5-1012 shall not apply to
13bonds issued pursuant to this Section on which the principal
14and interest are to be paid entirely out of funds generated by
15the taxes and fees authorized by this Section.
16 (m) The powers authorized by this Section may be
17implemented by the county board for a portion of the county
18subject to similar stormwater management needs.
19 (n) The powers and taxes authorized by this Section are in
20addition to the powers and taxes authorized by Division 5-15;
21in exercising its powers under this Section, a county shall not
22be subject to the restrictions and requirements of that
23Division.
24 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
25Article VII of the Illinois Constitution, this Section
26specifically denies and limits the exercise of any power which

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1is inconsistent herewith by home rule units in any county with
2a population of less than 1,500,000 in the area served by the
3Chicago Metropolitan Agency for Planning Northeastern Illinois
4Planning Commission. This Section does not prohibit the
5concurrent exercise of powers consistent herewith.
6 (p) As used in this Section:
7 "Urban flooding" means the flooding of public and private
8land in urban communities that results from stormwater or
9snowmelt runoff overwhelming the existing drainage
10infrastructure, unrelated to the overflow of any river or lake,
11whether or not that land is located in or near a floodplain.
12 "Urbanized areas" means a statistical geographic entity
13consisting of a densely settled core created from census tracts
14or blocks and contiguous qualifying territory that together
15have a minimum population of at least 50,000 persons and has
16been delineated as an urbanized area by the United States
17Census Bureau after the most recent decennial census.
18(Source: P.A. 97-916, eff. 8-9-12.)
19 (55 ILCS 5/5-1062.2)
20 Sec. 5-1062.2. Stormwater management.
21 (a) The purpose of this Section is to allow management and
22mitigation of the effects of urbanization on stormwater
23drainage in the metropolitan counties of Madison, St. Clair,
24Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
25as well as all counties containing all or a part of an

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1urbanized area and references to "county" in this Section apply
2only to those counties. This Section does not apply to counties
3in the Chicago Metropolitan Agency for Planning Northeastern
4Illinois Planning Commission that are granted authorities in
5Section 5-1062. The purpose of this Section shall be achieved
6by:
7 (1) Consolidating the existing stormwater management
8 framework into a united, countywide structure.
9 (2) Setting minimum standards for floodplain and
10 stormwater management, with an emphasis on the use of cost
11 effective, nature-based solutions to flooding problems,
12 including, but not limited to, solutions that restore or
13 enhance the natural hydrologic cycle by increasing
14 infiltration, evapotranspiration, and the collection of
15 runoff for reuse as appropriate considering the local
16 conditions that as a byproduct also results in improved
17 water conditions.
18 (3) Preparing a countywide plan for the management of
19 stormwater runoff, including the management of natural and
20 man-made drainageways. The countywide plan may incorporate
21 watershed plans and shall evaluate and address flooding
22 problems that exist in urbanized areas that are a result of
23 urban flooding.
24 (a-5) This Section also applies to all counties not
25otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
26the question of allowing the county board to establish a

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1stormwater management planning council has been submitted to
2the electors of the county and approved by a majority of those
3voting on the question.
4 (b) A stormwater management planning committee may be
5established by county board resolution, with its membership
6consisting of equal numbers of county board and municipal
7representatives from each county board district, drainage
8district, and soil and water conservation district and such
9other members as may be determined by the county and municipal
10members. If the county has more than 6 county board districts,
11however, the county board may by ordinance divide the county
12into not less than 6 areas of approximately equal population,
13to be used instead of county board districts for the purpose of
14determining representation on the stormwater management
15planning committee.
16 The county board members shall be appointed by the chairman
17of the county board. Municipal members from each county board
18district or other represented area shall be appointed by a
19majority vote of the mayors of those municipalities that have
20the greatest percentage of their respective populations
21residing in that county board district or other represented
22area. All municipal, and county board, drainage district, and
23soil and water conservation district representatives shall be
24entitled to a vote; the other members shall be nonvoting
25members, unless authorized to vote by the unanimous consent of
26the voting member of the committee; however, Madison, St.

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1Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and
2Boone counties shall not have drainage district or soil and
3water conservation the municipal and county board
4representatives. A municipality that is located in more than
5one county may choose, at the time of formation of the
6stormwater management planning committee and based on
7watershed boundaries, to participate in the stormwater
8management planning program of either or both of the counties.
9Subcommittees of the stormwater management planning committee
10may be established to serve a portion of the county or a
11particular drainage basin that has similar stormwater
12management needs. The stormwater management planning committee
13shall adopt bylaws, by a majority vote of the county and
14municipal members, to govern the functions of the committee and
15its subcommittees. Officers of the committee shall include a
16chair and vice chair, one of whom shall be a county
17representative and one a municipal representative.
18 The principal duties of the committee shall be to develop a
19stormwater management plan for presentation to and approval by
20the county board, and to direct the plan's implementation and
21revision. The committee may retain engineering, legal, and
22financial advisors and inspection personnel. The committee
23shall meet at least quarterly and shall hold at least one
24public meeting during the preparation of the plan and prior to
25its submittal to the county board. The committee may make
26grants to: (1) units of local government; (2) not-for-profit

HB2756 Engrossed- 16 -LRB100 10268 AWJ 20454 b
1organizations; and (3) landowners. In order for a municipality
2located partially or wholly within a mapped floodplain to
3receive grant moneys, the municipality must be a member in the
4Federal Emergency Management Agency's National Flood Insurance
5Program. A municipality receiving grant moneys must that have
6adopted an ordinance requiring actions consistent with the
7stormwater management plan. Use and to landowners for the
8purposes of stormwater management, including special projects;
9use of the grant money must be consistent with the stormwater
10management plan.
11 The committee shall not have or exercise any power of
12eminent domain.
13 (c) In the preparation of a stormwater management plan, a
14county stormwater management planning committee shall
15coordinate the planning process with each adjoining county to
16ensure that recommended stormwater projects will have no
17significant impact on the levels or flows of stormwaters in
18inter-county watersheds or on the capacity of existing and
19planned stormwater retention facilities. An adopted stormwater
20management plan shall identify steps taken by the county to
21coordinate the development of plan recommendations with
22adjoining counties.
23 (d) The stormwater management committee may not enforce any
24rules or regulations that would interfere with (i) any power
25granted by the Illinois Drainage Code (70 ILCS 605/) to
26operate, construct, maintain, or improve drainage systems or

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1(ii) the ability to operate, maintain, or improve the drainage
2systems used on or by land or a facility used for production
3agriculture purposes, as defined in the Use Tax Act (35 ILCS
4105/), except newly constructed buildings and newly installed
5impervious paved surfaces. Disputes regarding an exception
6shall be determined by a mutually agreed upon arbitrator paid
7by the disputing party or parties.
8 (e) Before the stormwater management planning committee
9recommends to the county board a stormwater management plan for
10the county or a portion thereof, it shall submit the plan to
11the Office of Water Resources of the Department of Natural
12Resources for review and recommendations. The Office, in
13reviewing the plan, shall consider such factors as impacts on
14the levels or flows in rivers and streams and the cumulative
15effects of stormwater discharges on flood levels. The Office of
16Water Resources shall determine whether the plan or ordinances
17enacted to implement the plan complies with the requirements of
18subsection (f). Within a period not to exceed 60 days, the
19review comments and recommendations shall be submitted to the
20stormwater management planning committee for consideration.
21Any amendments to the plan shall be submitted to the Office for
22review.
23 (f) Prior to recommending the plan to the county board, the
24stormwater management planning committee shall hold at least
25one public hearing thereon and shall afford interested persons
26an opportunity to be heard. The hearing shall be held in the

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1county seat. Notice of the hearing shall be published at least
2once no less than 15 days in advance of the hearing in a
3newspaper of general circulation published in the county. The
4notice shall state the time and place of the hearing and the
5place where copies of the proposed plan will be accessible for
6examination by interested parties. If an affected municipality
7having a stormwater management plan adopted by ordinance wishes
8to protest the proposed county plan provisions, it shall appear
9at the hearing and submit in writing specific proposals to the
10stormwater management planning committee. After consideration
11of the matters raised at the hearing, the committee may amend
12or approve the plan and recommend it to the county board for
13adoption.
14 The county board may enact the proposed plan by ordinance.
15If the proposals for modification of the plan made by an
16affected municipality having a stormwater management plan are
17not included in the proposed county plan, and the municipality
18affected by the plan opposes adoption of the county plan by
19resolution of its corporate authorities, approval of the county
20plan shall require an affirmative vote of at least two-thirds
21of the county board members present and voting. If the county
22board wishes to amend the county plan, it shall submit in
23writing specific proposals to the stormwater management
24planning committee. If the proposals are not approved by the
25committee, or are opposed by resolution of the corporate
26authorities of an affected municipality having a municipal

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1stormwater management plan, amendment of the plan shall require
2an affirmative vote of at least two-thirds of the county board
3members present and voting.
4 (g) The county board may prescribe by ordinance reasonable
5rules and regulations for floodplain or stormwater management
6and for governing the location, width, course, and release rate
7of all stormwater runoff channels, streams, and basins in the
8county, in accordance with the adopted stormwater management
9plan. Land, facilities, and drainage district facilities used
10for production agriculture as defined in subsection (d) shall
11not be subjected to regulation by the county board or
12stormwater management committee under this Section for
13floodplain management and for governing location, width,
14course, maintenance, and release rate of stormwater runoff
15channels, streams and basins, or water discharged from a
16drainage district. These rules and regulations shall, at a
17minimum, meet the standards for floodplain management
18established by the Office of Water Resources and the
19requirements of the Federal Emergency Management Agency for
20participation in the National Flood Insurance Program. The
21Commission may not impose more stringent regulations regarding
22water quality on entities discharging in accordance with a
23valid National Pollution Discharge Elimination System permit
24issued under the Environmental Protection Act.
25 (h) In accordance with, and if recommended in, the adopted
26stormwater management plan, the county board may adopt a

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1schedule of fees as may be necessary to mitigate the effects of
2increased stormwater runoff resulting from new development
3based on actual costs. The fees shall not exceed the cost of
4satisfying the onsite stormwater retention or detention
5requirements of the adopted stormwater management plan. The
6fees shall be used to finance activities undertaken by the
7county or its included municipalities to mitigate the effects
8of urban stormwater runoff by providing regional stormwater
9retention or detention facilities, as identified in the county
10plan. The county board shall provide for a credit or reduction
11in fees for any onsite retention, detention, drainage district
12assessments, or other similar stormwater facility that the
13developer is required to construct consistent with the
14stormwater management ordinance. All these fees collected by
15the county shall be held in a separate fund, and shall be
16expended only in the watershed within which they were
17collected.
18 (i) For the purpose of implementing this Section and for
19the development, design, planning, construction, operation,
20and maintenance of stormwater facilities provided for in the
21stormwater management plan, a county board that has established
22a stormwater management planning committee pursuant to this
23Section may cause an annual tax of not to exceed 0.20% of the
24value, as equalized or assessed by the Department of Revenue,
25of all taxable property in the county to be levied upon all the
26taxable property in the county or occupation and use taxes of

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11/10 of one cent. The property tax shall be in addition to all
2other taxes authorized by law to be levied and collected in the
3county and shall be in addition to the maximum tax rate
4authorized by law for general county purposes. The 0.20%
5limitation provided in this Section may be increased or
6decreased by referendum at a general election in accordance
7with the provisions of Sections 18-120, 18-125, and 18-130 of
8the Property Tax Code (35 ILCS 200/).
9 Any revenues generated as a result of ownership or
10operation of facilities or land acquired with the tax funds
11collected pursuant to this subsection shall be held in a
12separate fund and be used either to abate such property tax or
13for implementing this Section.
14 However, the tax authorized by this subsection shall not be
15levied until the question of its adoption, either for a
16specified period or indefinitely, has been submitted to the
17electors thereof and approved by a majority of those voting on
18the question. This question may be submitted at any general
19election held in the county after the adoption of a resolution
20by the county board providing for the submission of the
21question to the electors of the county. The county board shall
22certify the resolution and proposition to the proper election
23officials, who shall submit the proposition at an election in
24accordance with the general election law. If a majority of the
25votes cast on the question is in favor of the levy of the tax,
26it may thereafter be levied in the county for the specified

HB2756 Engrossed- 22 -LRB100 10268 AWJ 20454 b
1period or indefinitely, as provided in the proposition. The
2question shall be put in substantially the following form:
3 Shall an annual tax be levied for stormwater management
4 purposes (for a period of not more than ..... years) at a
5 rate not exceeding .....% of the equalized assessed value
6 of the taxable property of ..... County?
7Or this question may be submitted at any general election held
8in the county after the adoption of a resolution by the county
9board providing for the submission of the question to the
10electors of the county to authorize use and occupation taxes of
111/10 of one cent:
12 Shall use and occupation taxes be raised for stormwater
13 management purposes (for a period of not more than .....
14 years) at a rate of 1/10 of one cent for taxable goods in
15 ..... County?
16 Votes shall be recorded as Yes or No.
17 (j) For those counties that adopt a property tax in
18accordance with the provisions in this Section, the stormwater
19management committee shall offer property tax abatements or
20incentive payments to property owners who construct, maintain,
21and use approved stormwater management devices. For those
22counties that adopt use and occupation taxes in accordance with
23the provisions of this Section, the stormwater management
24committee may offer tax rebates or incentive payments to
25property owners who construct, maintain, and use approved
26stormwater management devices. The stormwater management

HB2756 Engrossed- 23 -LRB100 10268 AWJ 20454 b
1committee is authorized to offer credits to the property tax,
2if applicable, based on authorized practices consistent with
3the stormwater management plan and approved by the committee.
4Expenses of staff of a stormwater management committee that are
5expended on regulatory project review may be no more than 20%
6of the annual budget of the committee, including funds raised
7under subsections (h) and (i).
8 (k) Any county that has adopted a county stormwater
9management plan under this Section may, after 10 days written
10notice receiving consent of the owner or occupant, enter upon
11any lands or waters within the county for the purpose of
12inspecting stormwater facilities or causing the removal of any
13obstruction to an affected watercourse. If consent is denied or
14cannot be reasonably obtained, the county ordinance shall
15provide a process or procedure for an administrative warrant to
16be obtained. The county shall be responsible for any damages
17occasioned thereby.
18 (l) Upon petition of the municipality, and based on a
19finding of the stormwater management planning committee, the
20county shall not enforce rules and regulations adopted by the
21county in any municipality located wholly or partly within the
22county that has a municipal stormwater management ordinance
23that is consistent with and at least as stringent as the county
24plan and ordinance, and is being enforced by the municipal
25authorities. On issues that the county ordinance is more
26stringent as deemed by the committee, the county shall only

HB2756 Engrossed- 24 -LRB100 10268 AWJ 20454 b
1enforce rules and regulations adopted by the county on the more
2stringent issues and accept municipal permits. The county shall
3have no more than 60 days to review permits or the permits
4shall be deemed approved.
5 (m) A county may issue general obligation bonds for
6implementing any stormwater plan adopted under this Section in
7the manner prescribed in Section 5-1012; except that the
8referendum requirement of Section 5-1012 does not apply to
9bonds issued pursuant to this Section on which the principal
10and interest are to be paid entirely out of funds generated by
11the taxes and fees authorized by this Section.
12 (n) The powers authorized by this Section may be
13implemented by the county board for a portion of the county
14subject to similar stormwater management needs.
15 (o) The powers and taxes authorized by this Section are in
16addition to the powers and taxes authorized by Division 5-15;
17in exercising its powers under this Section, a county shall not
18be subject to the restrictions and requirements of that
19Division.
20 (p) As used in this Section:
21 "Urban flooding" means the flooding of public and private
22land in urban communities that results from stormwater or
23snowmelt runoff overwhelming the existing drainage
24infrastructure, unrelated to the overflow of any river or lake,
25whether or not that land is located in or near a floodplain.
26 "Urbanized areas" means a statistical geographic entity

HB2756 Engrossed- 25 -LRB100 10268 AWJ 20454 b
1consisting of a densely settled core created from census tracts
2or blocks and contiguous qualifying territory that together
3have a minimum population of at least 50,000 persons and has
4been delineated as an urbanized area by the United States
5Census Bureau after the most recent decennial census.
6(Source: P.A. 94-675, eff. 8-23-05.)
7 (55 ILCS 5/5-1062.3)
8 Sec. 5-1062.3. Stormwater management; DuPage and Peoria
9Counties.
10 (a) The purpose of this Section is to allow management and
11mitigation of the effects of urbanization on stormwater
12drainage in the metropolitan counties of DuPage and Peoria, and
13references to "county" in this Section apply only to those
14counties. This Section does not apply to a municipality that
15only partially lies within one of these counties and, on the
16effective date of this amendatory Act of the 98th General
17Assembly, is served by an existing Section in the Counties Code
18regarding stormwater management. The purpose of this Section
19shall be 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
24 (3) preparing a countywide plan for the management of
25 stormwater runoff, including the management of natural and

HB2756 Engrossed- 26 -LRB100 10268 AWJ 20454 b
1 man-made drainageways. The countywide plan may incorporate
2 watershed plans.
3 (b) A stormwater management planning committee may be
4established by county board resolution, with its membership
5consisting of equal numbers of county board and municipal
6representatives from each county board district, and such other
7members as may be determined by the county and municipal
8members. If the county has more than 6 county board districts,
9however, the county board may by ordinance divide the county
10into not less than 6 areas of approximately equal population,
11to be used instead of county board districts for the purpose of
12determining representation on the stormwater management
13planning committee.
14 The county board members shall be appointed by the chairman
15of the county board. Municipal members from each county board
16district or other represented area shall be appointed by a
17majority vote of the mayors of those municipalities that have
18the greatest percentage of their respective populations
19residing in that county board district or other represented
20area. All municipal and county board representatives shall be
21entitled to a vote; the other members shall be nonvoting
22members, unless authorized to vote by the unanimous consent of
23the municipal and county board representatives. A municipality
24that is located in more than one county may choose, at the time
25of formation of the stormwater management planning committee
26and based on watershed boundaries, to participate in the

HB2756 Engrossed- 27 -LRB100 10268 AWJ 20454 b
1stormwater management planning program of either county.
2Subcommittees of the stormwater management planning committee
3may be established to serve a portion of the county or a
4particular drainage basin that has similar stormwater
5management needs. The stormwater management planning committee
6shall adopt bylaws, by a majority vote of the county and
7municipal members, to govern the functions of the committee and
8its subcommittees. Officers of the committee shall include a
9chair and vice chair, one of whom shall be a county
10representative and one a municipal representative.
11 The principal duties of the committee shall be to develop a
12stormwater management plan for presentation to and approval by
13the county board, and to direct the plan's implementation and
14revision. The committee may retain engineering, legal, and
15financial advisors and inspection personnel. The committee
16shall meet at least quarterly and shall hold at least one
17public meeting during the preparation of the plan and prior to
18its submittal to the county board. The committee may make
19grants to: (1) units of local government; (2) not-for-profit
20organizations; and (3) landowners. In order for a municipality
21located partially or wholly within a mapped floodplain to
22receive grant moneys, the municipality must be a member in the
23Federal Emergency Management Agency's National Flood Insurance
24Program. A municipality receiving grant moneys must that have
25adopted an ordinance requiring actions consistent with the
26stormwater management plan. Use and to landowners for the

HB2756 Engrossed- 28 -LRB100 10268 AWJ 20454 b
1purposes of stormwater management, including special projects;
2use of the grant money must be consistent with the stormwater
3management plan.
4 The committee shall not have or exercise any power of
5eminent domain.
6 (c) In the preparation of a stormwater management plan, a
7county stormwater management planning committee shall
8coordinate the planning process with each adjoining county to
9ensure that recommended stormwater projects will have no
10significant impact on the levels or flows of stormwaters in
11inter-county watersheds or on the capacity of existing and
12planned stormwater retention facilities. An adopted stormwater
13management plan shall identify steps taken by the county to
14coordinate the development of plan recommendations with
15adjoining counties.
16 (d) The stormwater management committee may not enforce any
17rules or regulations that would interfere with (i) any power
18granted by the Illinois Drainage Code (70 ILCS 605/) to
19operate, construct, maintain, or improve drainage systems or
20(ii) the ability to operate, maintain, or improve the drainage
21systems used on or by land or a facility used for production
22agriculture purposes, as defined in the Use Tax Act (35 ILCS
23105/), except newly constructed buildings and newly installed
24impervious paved surfaces. Disputes regarding an exception
25shall be determined by a mutually agreed upon arbitrator paid
26by the disputing party or parties.

HB2756 Engrossed- 29 -LRB100 10268 AWJ 20454 b
1 (e) Before the stormwater management planning committee
2recommends to the county board a stormwater management plan for
3the county or a portion thereof, it shall submit the plan to
4the Office of Water Resources of the Department of Natural
5Resources for review and recommendations. The Office, in
6reviewing the plan, shall consider such factors as impacts on
7the levels or flows in rivers and streams and the cumulative
8effects of stormwater discharges on flood levels. The Office of
9Water Resources shall determine whether the plan or ordinances
10enacted to implement the plan complies with the requirements of
11subsection (f). Within a period not to exceed 60 days, the
12review comments and recommendations shall be submitted to the
13stormwater management planning committee for consideration.
14Any amendments to the plan shall be submitted to the Office for
15review.
16 (f) Prior to recommending the plan to the county board, the
17stormwater management planning committee shall hold at least
18one public hearing thereon and shall afford interested persons
19an opportunity to be heard. The hearing shall be held in the
20county seat. Notice of the hearing shall be published at least
21once and no less than 15 days in advance of the hearing in a
22newspaper of general circulation published in the county. The
23notice shall state the time and place of the hearing and the
24place where copies of the proposed plan will be accessible for
25examination by interested parties. If an affected municipality
26having a stormwater management plan adopted by ordinance wishes

HB2756 Engrossed- 30 -LRB100 10268 AWJ 20454 b
1to protest the proposed county plan provisions, it shall appear
2at the hearing and submit in writing specific proposals to the
3stormwater management planning committee. After consideration
4of the matters raised at the hearing, the committee may amend
5or approve the plan and recommend it to the county board for
6adoption.
7 The county board may enact the proposed plan by ordinance.
8If the proposals for modification of the plan made by an
9affected municipality having a stormwater management plan are
10not included in the proposed county plan, and the municipality
11affected by the plan opposes adoption of the county plan by
12resolution of its corporate authorities, approval of the county
13plan shall require an affirmative vote of at least two-thirds
14of the county board members present and voting. If the county
15board wishes to amend the county plan, it shall submit in
16writing specific proposals to the stormwater management
17planning committee. If the proposals are not approved by the
18committee, or are opposed by resolution of the corporate
19authorities of an affected municipality having a municipal
20stormwater management plan, amendment of the plan shall require
21an affirmative vote of at least two-thirds of the county board
22members present and voting.
23 (g) The county board may prescribe by ordinance reasonable
24rules and regulations for floodplain management and for
25governing the location, width, course, and release rate of all
26stormwater runoff channels, streams, and basins in the county,

HB2756 Engrossed- 31 -LRB100 10268 AWJ 20454 b
1in accordance with the adopted stormwater management plan.
2Land, facilities, and drainage district facilities used for
3production agriculture as defined in subsection (d) shall not
4be subjected to regulation by the county board or stormwater
5management committee under this Section for floodplain
6management and for governing location, width, course,
7maintenance, and release rate of stormwater runoff channels,
8streams and basins, or water discharged from a drainage
9district. These rules and regulations shall, at a minimum, meet
10the standards for floodplain management established by the
11Office of Water Resources and the requirements of the Federal
12Emergency Management Agency for participation in the National
13Flood Insurance Program. With respect to DuPage County only,
14the Chicago Metropolitan Agency for Planning may not impose
15more stringent regulations regarding water quality on entities
16discharging in accordance with a valid National Pollution
17Discharge Elimination System permit issued under the
18Environmental Protection Act.
19 (h) For the purpose of implementing this Section and for
20the development, design, planning, construction, operation,
21and maintenance of stormwater facilities provided for in the
22adopted stormwater management plan, a county board that has
23established a stormwater management planning committee
24pursuant to this Section or has participated in a stormwater
25management planning process may adopt a schedule of fees
26applicable to all real property within the county which

HB2756 Engrossed- 32 -LRB100 10268 AWJ 20454 b
1benefits from the county's stormwater management facilities
2and activities, and as may be necessary to mitigate the effects
3of increased stormwater runoff resulting from development. The
4total amount of the fees assessed must be specifically and
5uniquely attributable to the actual costs of the county in the
6preparation, administration, and implementation of the adopted
7stormwater management plan, construction and maintenance of
8stormwater facilities, and other activities related to the
9management of the runoff from the property. The individual fees
10must be specifically and uniquely attributable to the portion
11of the actual cost to the county of managing the runoff from
12the property. The fees shall be used to finance activities
13undertaken by the county or its included municipalities to
14mitigate the effects of urban stormwater runoff by providing
15and maintaining stormwater collection, retention, detention,
16and particulate treatment facilities, and improving water
17bodies impacted by stormwater runoff, as identified in the
18county plan. In establishing, maintaining, or replacing such
19facilities, the county shall not duplicate facilities operated
20by other governmental bodies within its corporate boundaries.
21The schedule of fees established by the county board shall
22include a procedure for a full or partial fee waiver for
23property owners who have taken actions or put in place
24facilities that reduce or eliminate the cost to the county of
25providing stormwater management services to their property.
26The county board may also offer tax or fee rebates or incentive

HB2756 Engrossed- 33 -LRB100 10268 AWJ 20454 b
1payments to property owners who construct, maintain, and use
2approved green infrastructure stormwater management devices or
3any other methods that reduce or eliminate the cost to the
4county of providing stormwater management services to the
5property, including but not limited to facilities that reduce
6the volume, temperature, velocity, and pollutant load of the
7stormwater managed by the county, such as systems that
8infiltrate, evapotranspirate, or harvest stormwater for reuse,
9known as "green infrastructure". In exercising this authority,
10the county shall provide notice to the municipalities within
11its jurisdiction of any fees proposed under this Section and
12seek the input of each municipality with respect to the
13calculation of the fees. The county shall also give property
14owners at least 2 years' notice of the fee, during which time
15the county shall provide education on green infrastructure
16practices and an opportunity to take action to reduce or
17eliminate the fee. All these fees collected by the county shall
18be held in a separate fund, and shall be expended only in the
19watershed within which they were collected. The county may
20enter into intergovernmental agreements with other government
21bodies for the joint administration of stormwater management
22and the collection of the fees authorized in this Section.
23 A fee schedule authorized by this subsection must have the
24same limit as the authorized stormwater tax. In Peoria County
25only, the fee schedule shall not be adopted unless (i) a
26referendum has been passed approving a stormwater tax as

HB2756 Engrossed- 34 -LRB100 10268 AWJ 20454 b
1provided in subsection (i) of this Section; or (ii) the
2question of the adoption of a fee schedule with the same limit
3as the authorized stormwater tax has been approved in a
4referendum by a majority of those voting on the question.
5 (i) In the alternative to a fee imposed under subsection
6(h), the county board may cause an annual tax of not to exceed
70.20% of the value, as equalized or assessed by the Department
8of Revenue, of all taxable property in the county to be levied
9upon all the taxable property in the county. The property tax
10shall be in addition to all other taxes authorized by law to be
11levied and collected in the county and shall be in addition to
12the maximum tax rate authorized by law for general county
13purposes. The 0.20% limitation provided in this Section may be
14increased or decreased by referendum in accordance with the
15provisions of Sections 18-120, 18-125, and 18-130 of the
16Property Tax Code (35 ILCS 200/).
17 Any revenues generated as a result of ownership or
18operation of facilities or land acquired with the tax funds
19collected pursuant to this subsection shall be held in a
20separate fund and be used either to abate such property tax or
21for implementing this Section.
22 If at least part of the county has been declared by a
23presidential proclamation after July 1, 1986 and before
24December 31, 1987, to be a disaster area as a result of
25flooding, the tax authorized by this subsection does not
26require approval by referendum. However, in Peoria County, the

HB2756 Engrossed- 35 -LRB100 10268 AWJ 20454 b
1tax authorized by this subsection shall not be levied until the
2question of its adoption, either for a specified period or
3indefinitely, has been submitted to the electors thereof and
4approved by a majority of those voting on the question. This
5question may be submitted at any election held in the county
6after the adoption of a resolution by the county board
7providing for the submission of the question to the electors of
8the county. The county board shall certify the resolution and
9proposition to the proper election officials, who shall submit
10the proposition at an election in accordance with the general
11election law. If a majority of the votes cast on the question
12is in favor of the levy of the tax, it may thereafter be levied
13in the county for the specified period or indefinitely, as
14provided in the proposition. The question shall be put in
15substantially the following form:
16 Shall an annual tax be levied for stormwater management
17 purposes (for a period of not more than ..... years) at a
18 rate not exceeding .....% of the equalized assessed value
19 of the taxable property of ..... County?
20 Votes shall be recorded as Yes or No.
21 The following question may be submitted at any election
22held in the county after the adoption of a resolution by the
23county board providing for the submission of the question to
24the electors of the county to authorize adoption of a schedule
25of fees applicable to all real property within the county:
26 Shall the county board be authorized to adopt a

HB2756 Engrossed- 36 -LRB100 10268 AWJ 20454 b
1 schedule of fees, at a rate not exceeding that of the
2 stormwater management tax, applicable to all real property
3 for preparation, administration, and implementation of an
4 adopted stormwater management plan, construction and
5 maintenance of related facilities, and management of the
6 runoff from the property?
7 Votes shall be recorded as Yes or No.
8 If these questions have been approved by a majority of
9those voting prior to the effective date of this amendatory Act
10of the 98th General Assembly, this subsection does not apply.
11 (j) For those counties that adopt a property tax in
12accordance with the provisions in this Section, the stormwater
13management committee shall offer property tax abatements or
14incentive payments to property owners who construct, maintain,
15and use approved stormwater management devices. The stormwater
16management committee is authorized to offer credits to the
17property tax, if applicable, based on authorized practices
18consistent with the stormwater management plan and approved by
19the committee. Expenses of staff of a stormwater management
20committee that are expended on regulatory project review may be
21no more than 20% of the annual budget of the committee,
22including funds raised under subsections (h) and (i).
23 (k) Upon the creation and implementation of a county
24stormwater management plan, the county may petition the circuit
25court to dissolve any or all drainage districts created
26pursuant to the Illinois Drainage Code or predecessor Acts

HB2756 Engrossed- 37 -LRB100 10268 AWJ 20454 b
1which are located entirely within the area of the county
2covered by the plan.
3 However, any active drainage district implementing a plan
4that is consistent with and at least as stringent as the county
5stormwater management plan may petition the stormwater
6management planning committee for exception from dissolution.
7Upon filing of the petition, the committee shall set a date for
8hearing not less than 2 weeks, nor more than 4 weeks, from the
9filing thereof, and the committee shall give at least one
10week's notice of the hearing in one or more newspapers of
11general circulation within the district, and in addition shall
12cause a copy of the notice to be personally served upon each of
13the trustees of the district. At the hearing, the committee
14shall hear the district's petition and allow the district
15trustees and any interested parties an opportunity to present
16oral and written evidence. The committee shall render its
17decision upon the petition for exception from dissolution based
18upon the best interests of the residents of the district. In
19the event that the exception is not allowed, the district may
20file a petition within 30 days of the decision with the circuit
21court. In that case, the notice and hearing requirements for
22the court shall be the same as herein provided for the
23committee. The court shall likewise render its decision of
24whether to dissolve the district based upon the best interests
25of residents of the district.
26 The dissolution of any drainage district shall not affect

HB2756 Engrossed- 38 -LRB100 10268 AWJ 20454 b
1the obligation of any bonds issued or contracts entered into by
2the district nor invalidate the levy, extension or collection
3of any taxes or special assessments upon the property in the
4former drainage district. All property and obligations of the
5former drainage district shall be assumed and managed by the
6county, and the debts of the former drainage district shall be
7discharged as soon as practicable.
8 If a drainage district lies only partly within a county
9that adopts a county stormwater management plan, the county may
10petition the circuit court to disconnect from the drainage
11district that portion of the district that lies within that
12county. The property of the drainage district within the
13disconnected area shall be assumed and managed by the county.
14The county shall also assume a portion of the drainage
15district's debt at the time of disconnection, based on the
16portion of the value of the taxable property of the drainage
17district which is located within the area being disconnected.
18 The operations of any drainage district that continues to
19exist in a county that has adopted a stormwater management plan
20in accordance with this Section shall be in accordance with the
21adopted plan.
22 (l) Any county that has adopted a county stormwater
23management plan under this Section may, after 10 days' written
24notice receiving consent of the owner or occupant, enter upon
25any lands or waters within the county for the purpose of
26inspecting stormwater facilities or causing the removal of any

HB2756 Engrossed- 39 -LRB100 10268 AWJ 20454 b
1obstruction to an affected watercourse. If consent is denied or
2cannot be reasonably obtained, the county ordinance shall
3provide a process or procedure for an administrative warrant to
4be obtained. The county shall be responsible for any damages
5occasioned thereby.
6 (m) Except as otherwise provided in subsection (a) of this
7Section, upon petition of the municipality, and based on a
8finding of the stormwater management planning committee, the
9county shall not enforce rules and regulations adopted by the
10county in any municipality located wholly or partly within the
11county that has a municipal stormwater management ordinance
12that is consistent with and at least as stringent as the county
13plan and ordinance, and is being enforced by the municipal
14authorities. On issues that the county ordinance is more
15stringent as deemed by the committee, the county shall only
16enforce rules and regulations adopted by the county on the more
17stringent issues and accept municipal permits. The county shall
18have no more than 60 days to review permits or the permits
19shall be deemed approved.
20 (n) A county may issue general obligation bonds for
21implementing any stormwater plan adopted under this Section in
22the manner prescribed in Section 5-1012; except that the
23referendum requirement of Section 5-1012 does not apply to
24bonds issued pursuant to this Section on which the principal
25and interest are to be paid entirely out of funds generated by
26the taxes and fees authorized by this Section.

HB2756 Engrossed- 40 -LRB100 10268 AWJ 20454 b
1 (o) A county that has adopted a fee schedule pursuant to
2this Section may not thereafter issue any bond extensions
3related to implementing a stormwater management plan.
4 (p) The powers authorized by this Section may be
5implemented by the county board for a portion of the county
6subject to similar stormwater management needs.
7 (q) The powers and taxes authorized by this Section are in
8addition to the powers and taxes authorized by Division 5-15;
9in exercising its powers under this Section, a county shall not
10be subject to the restrictions and requirements of that
11Division.
12 (r) Stormwater management projects and actions related to
13stormwater management in a county that has adopted a fee
14schedule or tax pursuant to this Section prior to the effective
15date of this amendatory Act of the 98th General Assembly are
16not altered by this amendatory Act of the 98th General
17Assembly.
18(Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)
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