Bill Text: IL SB1337 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning taxes on soft drinks imposed by home rule municipalities.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1337 Detail]

Download: Illinois-2017-SB1337-Engrossed.html



SB1337 EngrossedLRB100 07731 AWJ 17797 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 solutions to flooding problems; and
22 (3) preparing a countywide plan for the management of
23 stormwater runoff, including the management of natural and

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1 man-made drainageways. The countywide plan may incorporate
2 watershed plans and shall evaluate and address flooding
3 problems that exist in urbanized areas that are a result of
4 urban flooding.
5 (b) A stormwater management planning committee shall be
6established by county board resolution, with its membership
7consisting of equal numbers of county board and municipal
8representatives from each county board district, and such other
9members as may be determined by the county and municipal
10members. However, if the county has more than 6 county board
11districts, 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 which have
20the greatest percentage of their respective populations
21residing in such county board district or other represented
22area. All municipal and county board representatives shall be
23entitled to a vote; the other members shall be nonvoting
24members, unless authorized to vote by the unanimous consent of
25the municipal and county board representatives. A municipality
26that is located in more than one county may choose, at the time

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

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1adopted an ordinance requiring actions consistent with the
2stormwater management plan. Use of the grant moneys must be
3consistent with the stormwater management plan.
4 (c) In the preparation of a stormwater management plan, a
5county stormwater management planning committee shall
6coordinate the planning process with each adjoining county to
7ensure that recommended stormwater projects will have no
8significant impact on the levels or flows of stormwaters in
9inter-county watersheds or on the capacity of existing and
10planned stormwater retention facilities. An adopted stormwater
11management plan shall identify steps taken by the county to
12coordinate the development of plan recommendations with
13adjoining counties.
14 (d) (Blank).
15 (e) Prior to recommending the plan to the county board, the
16stormwater management planning committee shall hold at least
17one public hearing thereon and shall afford interested persons
18an opportunity to be heard. The hearing shall be held in the
19county seat. Notice of the hearing shall be published at least
20once no less than 15 days in advance thereof in a newspaper of
21general circulation published in the county. The notice shall
22state the time and place of the hearing and the place where
23copies of the proposed plan will be accessible for examination
24by interested parties. If an affected municipality having a
25stormwater management plan adopted by ordinance wishes to
26protest the proposed county plan provisions, it shall appear at

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

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1plan. These rules and regulations shall, at a minimum, meet the
2standards for floodplain management established by the Office
3of Water Resources and the requirements of the Federal
4Emergency Management Agency for participation in the National
5Flood Insurance Program.
6 (g) In accordance with, and if recommended in, the adopted
7stormwater management plan, the county board may adopt a
8schedule of fees as may be reasonable and necessary to mitigate
9the effects of increased stormwater runoff resulting from new
10development. The fees shall not exceed the cost of satisfying
11the onsite stormwater retention or detention requirements of
12the adopted stormwater management plan. The fees shall be used
13to finance activities undertaken by the county or its included
14municipalities to mitigate the effects of urban stormwater
15runoff by providing regional stormwater retention or detention
16facilities, as identified in the county plan. All such fees
17collected by the county shall be held in a separate fund, and
18shall be expended only in the watershed within which they were
19collected.
20 (h) For the purpose of implementing this Section and for
21the development, design, planning, construction, operation and
22maintenance of stormwater facilities provided for in the
23stormwater management plan, a county board that has established
24a stormwater management planning committee pursuant to this
25Section may cause an annual tax of not to exceed 0.20% of the
26value, as equalized or assessed by the Department of Revenue,

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1of all taxable property in the county to be levied upon all the
2taxable property in the county. The tax shall be in addition to
3all other taxes authorized by law to be levied and collected in
4the county and shall be in addition to the maximum tax rate
5authorized by law for general county purposes. The 0.20%
6limitation provided in this Section may be increased or
7decreased by referendum in accordance with the provisions of
8Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
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 (h) shall be held in a
12separate fund and be used either to abate such property tax or
13for implementing this Section.
14 However, unless at least part of the county has been
15declared after July 1, 1986 by presidential proclamation to be
16a disaster area as a result of flooding, the tax authorized by
17this subsection (h) shall not be levied until the question of
18its adoption, either for a specified period or indefinitely,
19has been submitted to the electors thereof and approved by a
20majority of those voting on the question. This question may be
21submitted at any election held in the county after the adoption
22of a resolution by the county board providing for the
23submission of the question to the electors of the county. The
24county board shall certify the resolution and proposition to
25the proper election officials, who shall submit the proposition
26at an election in accordance with the general election law. If

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1a majority of the votes cast on the question is in favor of the
2levy of the tax, it may thereafter be levied in the county for
3the specified period or indefinitely, as provided in the
4proposition. The question shall be put in substantially the
5following form:
6-------------------------------------------------------------
7 Shall an annual tax be levied
8for stormwater management purposes YES
9(for a period of not more than
10...... years) at a rate not exceeding ------------------
11.....% of the equalized assessed
12value of the taxable property of NO
13........ County?
14-------------------------------------------------------------
15 (i) Upon the creation and implementation of a county
16stormwater management plan, the county may petition the circuit
17court to dissolve any or all drainage districts created
18pursuant to the Illinois Drainage Code or predecessor Acts
19which are located entirely within the area of the county
20covered by the plan.
21 However, any active drainage district implementing a plan
22that is consistent with and at least as stringent as the county
23stormwater management plan may petition the stormwater
24management planning committee for exception from dissolution.
25Upon filing of the petition, the committee shall set a date for
26hearing not less than 2 weeks, nor more than 4 weeks, from the

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1filing thereof, and the committee shall give at least one
2week's notice of the hearing in one or more newspapers of
3general circulation within the district, and in addition shall
4cause a copy of the notice to be personally served upon each of
5the trustees of the district. At the hearing, the committee
6shall hear the district's petition and allow the district
7trustees and any interested parties an opportunity to present
8oral and written evidence. The committee shall render its
9decision upon the petition for exception from dissolution based
10upon the best interests of the residents of the district. In
11the event that the exception is not allowed, the district may
12file a petition within 30 days of the decision with the circuit
13court. In that case, the notice and hearing requirements for
14the court shall be the same as herein provided for the
15committee. The court shall likewise render its decision of
16whether to dissolve the district based upon the best interests
17of residents of the district.
18 The dissolution of any drainage district shall not affect
19the obligation of any bonds issued or contracts entered into by
20the district nor invalidate the levy, extension or collection
21of any taxes or special assessments upon the property in the
22former drainage district. All property and obligations of the
23former drainage district shall be assumed and managed by the
24county, and the debts of the former drainage district shall be
25discharged as soon as practicable.
26 If a drainage district lies only partly within a county

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1that adopts a county stormwater management plan, the county may
2petition the circuit court to disconnect from the drainage
3district that portion of the district that lies within that
4county. The property of the drainage district within the
5disconnected area shall be assumed and managed by the county.
6The county shall also assume a portion of the drainage
7district's debt at the time of disconnection, based on the
8portion of the value of the taxable property of the drainage
9district which is located within the area being disconnected.
10 The operations of any drainage district that continues to
11exist in a county that has adopted a stormwater management plan
12in accordance with this Section shall be in accordance with the
13adopted plan.
14 (j) Any county that has adopted a county stormwater
15management plan under this Section may, after 10 days written
16notice to the owner or occupant, enter upon any lands or waters
17within the county for the purpose of inspecting stormwater
18facilities or causing the removal of any obstruction to an
19affected watercourse. The county shall be responsible for any
20damages occasioned thereby.
21 (k) Upon petition of the municipality, and based on a
22finding of the stormwater management planning committee, the
23county shall not enforce rules and regulations adopted by the
24county in any municipality located wholly or partly within the
25county that has a municipal stormwater management ordinance
26that is consistent with and at least as stringent as the county

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1plan and ordinance, and is being enforced by the municipal
2authorities.
3 (l) A county may issue general obligation bonds for
4implementing any stormwater plan adopted under this Section in
5the manner prescribed in Section 5-1012; except that the
6referendum requirement of Section 5-1012 shall not apply to
7bonds issued pursuant to this Section on which the principal
8and interest are to be paid entirely out of funds generated by
9the taxes and fees authorized by this Section.
10 (m) The powers authorized by this Section may be
11implemented by the county board for a portion of the county
12subject to similar stormwater management needs.
13 (n) The powers and taxes authorized by this Section are in
14addition to the powers and taxes authorized by Division 5-15;
15in exercising its powers under this Section, a county shall not
16be subject to the restrictions and requirements of that
17Division.
18 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
19Article VII of the Illinois Constitution, this Section
20specifically denies and limits the exercise of any power which
21is inconsistent herewith by home rule units in any county with
22a population of less than 1,500,000 in the area served by the
23Chicago Metropolitan Agency for Planning Northeastern Illinois
24Planning Commission. This Section does not prohibit the
25concurrent exercise of powers consistent herewith.
26 (p) As used in this Section:

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1 "Urban flooding" means the flooding of public and private
2land in urban communities that results from stormwater or
3snowmelt runoff overwhelming the existing drainage
4infrastructure, unrelated to the overflow of any river or lake,
5whether or not that land is located in or near a floodplain.
6 "Urbanized areas" means a statistical geographic entity
7consisting of a densely settled core created from census tracts
8or blocks and contiguous qualifying territory that together
9have a minimum population of at least 50,000 persons and has
10been delineated as an urbanized area by the United States
11Census Bureau after the most recent decennial census.
12(Source: P.A. 97-916, eff. 8-9-12.)
13 (55 ILCS 5/5-1062.2)
14 Sec. 5-1062.2. Stormwater management.
15 (a) The purpose of this Section is to allow management and
16mitigation of the effects of urbanization on stormwater
17drainage in the metropolitan counties of Madison, St. Clair,
18Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
19as well as all counties containing all or a part of an
20urbanized area and references to "county" in this Section apply
21only to those counties. This Section does not apply to counties
22in the Chicago Metropolitan Agency for Planning Northeastern
23Illinois Planning Commission that are granted authorities in
24Section 5-1062. The purpose of this Section shall be achieved
25by:

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1 (1) Consolidating the existing stormwater management
2 framework into a united, countywide structure.
3 (2) Setting minimum standards for floodplain and
4 stormwater management with an emphasis on the use of
5 cost-effective solutions to flooding problems.
6 (3) Preparing a countywide plan for the management of
7 stormwater runoff, including the management of natural and
8 man-made drainageways. The countywide plan may incorporate
9 watershed plans and shall evaluate and address flooding
10 problems that exist in urbanized areas that are a result of
11 urban flooding.
12 (a-5) This Section also applies to all counties not
13otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
14the question of allowing the county board to establish a
15stormwater management planning council has been submitted to
16the electors of the county and approved by a majority of those
17voting on the question.
18 (b) A stormwater management planning committee may be
19established by county board resolution, with its membership
20consisting of equal numbers of county board and municipal
21representatives from each county board district, one member
22representing drainage districts, and one member representing
23soil and water conservation districts and such other members as
24may be determined by the stormwater management planning
25committee county and municipal members. If the county has more
26than 6 county board districts, however, the county board may by

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1ordinance divide the county into not less than 6 areas of
2approximately equal population, to be used instead of county
3board districts for the purpose of determining representation
4on the stormwater management planning committee.
5 The county board members shall be appointed by the chairman
6of the county board. Municipal members from each county board
7district or other represented area shall be appointed by a
8majority vote of the mayors of those municipalities that have
9the greatest percentage of their respective populations
10residing in that county board district or other represented
11area. The member representing drainage districts shall be
12appointed by the drainage district chairperson or by a majority
13vote of all drainage district chairpersons in the county if
14more than one drainage district exists in the county. The
15member representing soil and water conservation districts
16shall be appointed by a majority vote of the soil and water
17conservation district board or by a majority vote of all soil
18and water conservation district boards in the county if more
19than one soil and water conservation district board exists in
20the county. All municipal, and county board, drainage district,
21and soil and water conservation district representatives shall
22be entitled to a vote; the other members shall be nonvoting
23members, unless authorized to vote by the unanimous consent of
24the voting members of the committee; however, Madison, St.
25Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and
26Boone counties are not required to have a drainage district or

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

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

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1agriculture purposes, as defined in the Use Tax Act (35 ILCS
2105/), except newly constructed buildings and newly installed
3impervious paved surfaces. Disputes regarding an exception
4shall be determined by a mutually agreed upon arbitrator paid
5by the disputing party or parties.
6 (e) Before the stormwater management planning committee
7recommends to the county board a stormwater management plan for
8the county or a portion thereof, it shall submit the plan to
9the Office of Water Resources of the Department of Natural
10Resources for review and recommendations. The Office, in
11reviewing the plan, shall consider such factors as impacts on
12the levels or flows in rivers and streams and the cumulative
13effects of stormwater discharges on flood levels. The Office of
14Water Resources shall determine whether the plan or ordinances
15enacted to implement the plan complies with the requirements of
16subsection (f). Within a period not to exceed 60 days, the
17review comments and recommendations shall be submitted to the
18stormwater management planning committee for consideration.
19Any amendments to the plan shall be submitted to the Office for
20review.
21 (f) 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 of the hearing in a

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1newspaper of general circulation published in the county. The
2notice shall state the time and place of the hearing and the
3place where copies of the proposed plan will be accessible for
4examination by interested parties. If an affected municipality
5having a stormwater management plan adopted by ordinance wishes
6to protest the proposed county plan provisions, it shall appear
7at the 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 (g) 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. Land, facilities, and drainage district facilities used
8for production agriculture as defined in subsection (d) shall
9not be subjected to regulation by the county board or
10stormwater management committee under this Section for
11floodplain management and for governing location, width,
12course, maintenance, and release rate of stormwater runoff
13channels, streams and basins, or water discharged from a
14drainage district. These rules and regulations shall, at a
15minimum, meet the standards for floodplain management
16established by the Office of Water Resources and the
17requirements of the Federal Emergency Management Agency for
18participation in the National Flood Insurance Program. The
19Commission may not impose more stringent regulations regarding
20water quality on entities discharging in accordance with a
21valid National Pollution Discharge Elimination System permit
22issued under the Environmental Protection Act.
23 (h) In accordance with, and if recommended in, the adopted
24stormwater management plan, the county board may adopt a
25schedule of reasonable fees as may be necessary to mitigate the
26effects of increased stormwater runoff resulting from new

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1development based on actual costs. The fees shall not exceed
2the cost of satisfying the onsite stormwater retention or
3detention requirements of the adopted stormwater management
4plan. The fees shall be used to finance activities undertaken
5by the county or its included municipalities to mitigate the
6effects of urban stormwater runoff by providing regional
7stormwater retention or detention facilities, as identified in
8the county plan. The county board shall provide for a credit or
9reduction in fees for any onsite retention, detention, drainage
10district assessments, or other similar stormwater facility
11that the developer is required to construct consistent with the
12stormwater management ordinance. All these fees collected by
13the county shall be held in a separate fund, and shall be
14expended only in the watershed within which they were
15collected.
16 (i) For the purpose of implementing this Section and for
17the development, design, planning, construction, operation,
18and maintenance of stormwater facilities provided for in the
19stormwater management plan, a county board that has established
20a stormwater management planning committee pursuant to this
21Section may cause an annual tax of not to exceed 0.20% of the
22value, as equalized or assessed by the Department of Revenue,
23of all taxable property in the county to be levied upon all the
24taxable property in the county or occupation and use taxes of
251/10 of one cent. The property tax shall be in addition to all
26other taxes authorized by law to be levied and collected in the

SB1337 Engrossed- 21 -LRB100 07731 AWJ 17797 b
1county and shall be in addition to the maximum tax rate
2authorized by law for general county purposes. The 0.20%
3limitation provided in this Section may be increased or
4decreased by referendum at a general election in accordance
5with the provisions of Sections 18-120, 18-125, and 18-130 of
6the Property Tax Code (35 ILCS 200/).
7 Any revenues generated as a result of ownership or
8operation of facilities or land acquired with the tax funds
9collected pursuant to this subsection shall be held in a
10separate fund and be used either to abate such property tax or
11for implementing this Section.
12 However, the tax authorized by this subsection shall not be
13levied until the question of its adoption, either for a
14specified period or indefinitely, has been submitted to the
15electors thereof and approved by a majority of those voting on
16the question. This question may be submitted at any general
17election held in the county after the adoption of a resolution
18by the county board providing for the submission of the
19question to the electors of the county. The county board shall
20certify the resolution and proposition to the proper election
21officials, who shall submit the proposition at an election in
22accordance with the general election law. If a majority of the
23votes cast on the question is in favor of the levy of the tax,
24it may thereafter be levied in the county for the specified
25period or indefinitely, as provided in the proposition. The
26question shall be put in substantially the following form:

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1 Shall an annual tax be levied for stormwater management
2 purposes (for a period of not more than ..... years) at a
3 rate not exceeding .....% of the equalized assessed value
4 of the taxable property of ..... County?
5Or this question may be submitted at any general election held
6in the county after the adoption of a resolution by the county
7board providing for the submission of the question to the
8electors of the county to authorize use and occupation taxes of
91/10 of one cent:
10 Shall use and occupation taxes be raised for stormwater
11 management purposes (for a period of not more than .....
12 years) at a rate of 1/10 of one cent for taxable goods in
13 ..... County?
14 Votes shall be recorded as Yes or No.
15 (i-5) Before a county that establishes a stormwater
16management planning council after submission of the question to
17the electors of the county pursuant to subsection (a-5) may
18submit a referendum question to the electors of the county for
19an annual tax under subsection (i), the county shall:
20 (1) adopt and enforce a floodplain management
21 ordinance or a stormwater management ordinance under
22 subsection (g) that has been approved by the Office of
23 Water Resources of the Department of Natural Resources; and
24 (2) designate a certified floodplain manager who has
25 been certified by the Association of State Floodplain
26 Managers; however, nothing in this paragraph (2) requires a

SB1337 Engrossed- 23 -LRB100 07731 AWJ 17797 b
1 county to create a new position or designate another
2 individual if the county already has a certified floodplain
3 manager on staff.
4 If a county fails to continually meet any of the conditions
5of this subsection (i-5) after approval of a referendum
6question for an annual tax, the county may not levy a tax under
7subsection (i) until they are in full compliance with this
8subsection (i-5).
9 (j) For those counties that adopt a property tax in
10accordance with the provisions in this Section, the stormwater
11management committee shall offer property tax abatements or
12incentive payments to property owners who construct, maintain,
13and use approved stormwater management devices. For those
14counties that adopt use and occupation taxes in accordance with
15the provisions of this Section, the stormwater management
16 committee may offer tax rebates or incentive payments to
17property owners who construct, maintain, and use approved
18stormwater management devices. The stormwater management
19committee is authorized to offer credits to the property tax,
20if applicable, based on authorized practices consistent with
21the stormwater management plan and approved by the committee.
22Expenses of staff of a stormwater management committee that are
23expended on regulatory project review may be no more than 20%
24of the annual budget of the committee, including funds raised
25under subsections (h) and (i).
26 (k) Any county that has adopted a county stormwater

SB1337 Engrossed- 24 -LRB100 07731 AWJ 17797 b
1management plan under this Section may, after 10 days written
2notice receiving consent of the owner or occupant, enter upon
3any lands or waters within the county for the purpose of
4inspecting stormwater facilities or causing the removal of any
5obstruction to an affected watercourse. If consent is denied or
6cannot be reasonably obtained, the county ordinance shall
7provide a process or procedure for an administrative warrant to
8be obtained. The county shall be responsible for any damages
9occasioned thereby.
10 (l) Upon petition of the municipality, and based on a
11finding of the stormwater management planning committee, the
12county shall not enforce rules and regulations adopted by the
13county in any municipality located wholly or partly within the
14county that has a municipal stormwater management ordinance
15that is consistent with and at least as stringent as the county
16plan and ordinance, and is being enforced by the municipal
17authorities. On issues that the county ordinance is more
18stringent as deemed by the committee, the county shall only
19enforce rules and regulations adopted by the county on the more
20stringent issues and accept municipal permits. The county shall
21have no more than 60 days to review permits or the permits
22shall be deemed approved.
23 (m) A county may issue general obligation bonds for
24implementing any stormwater plan adopted under this Section in
25the manner prescribed in Section 5-1012; except that the
26referendum requirement of Section 5-1012 does not apply to

SB1337 Engrossed- 25 -LRB100 07731 AWJ 17797 b
1bonds issued pursuant to this Section on which the principal
2and interest are to be paid entirely out of funds generated by
3the taxes and fees authorized by this Section.
4 (n) 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 (o) 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 (p) As used in this Section:
13 "Urban flooding" means the flooding of public and private
14land in urban communities that results from stormwater or
15snowmelt runoff overwhelming the existing drainage
16infrastructure, unrelated to the overflow of any river or lake,
17whether or not that land is located in or near a floodplain.
18 "Urbanized areas" means a statistical geographic entity
19consisting of a densely settled core created from census tracts
20or blocks and contiguous qualifying territory that together
21have a minimum population of at least 50,000 persons and has
22been delineated as an urbanized area by the United States
23Census Bureau after the most recent decennial census.
24(Source: P.A. 94-675, eff. 8-23-05.)
25 (55 ILCS 5/5-1062.3)

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1 Sec. 5-1062.3. Stormwater management; DuPage and Peoria
2Counties.
3 (a) The purpose of this Section is to allow management and
4mitigation of the effects of urbanization on stormwater
5drainage in the metropolitan counties of DuPage and Peoria, and
6references to "county" in this Section apply only to those
7counties. This Section does not apply to a municipality that
8only partially lies within one of these counties and, on the
9effective date of this amendatory Act of the 98th General
10Assembly, is served by an existing Section in the Counties Code
11regarding stormwater management. The purpose of this Section
12shall be achieved by:
13 (1) consolidating the existing stormwater management
14 framework into a united, countywide structure;
15 (2) setting minimum standards for floodplain and
16 stormwater management with an emphasis on the use of
17 cost-effective solutions to flooding problems; and
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 (b) A stormwater management planning committee may be
25established by county board resolution, with its membership
26consisting of equal numbers of county board and municipal

SB1337 Engrossed- 27 -LRB100 07731 AWJ 17797 b
1representatives from each county board district, and such other
2members as may be determined by the county and municipal
3members. If the county has more than 6 county board districts,
4however, the county board may by ordinance divide the county
5into not less than 6 areas of approximately equal population,
6to be used instead of county board districts for the purpose of
7determining representation on the stormwater management
8planning committee.
9 The county board members shall be appointed by the chairman
10of the county board. Municipal members from each county board
11district or other represented area shall be appointed by a
12majority vote of the mayors of those municipalities that have
13the greatest percentage of their respective populations
14residing in that county board district or other represented
15area. All municipal and county board representatives shall be
16entitled to a vote; the other members shall be nonvoting
17members, unless authorized to vote by the unanimous consent of
18the municipal and county board representatives. A municipality
19that is located in more than one county may choose, at the time
20of formation of the stormwater management planning committee
21and based on watershed boundaries, to participate in the
22stormwater management planning program of either county.
23Subcommittees of the stormwater management planning committee
24may be established to serve a portion of the county or a
25particular drainage basin that has similar stormwater
26management needs. The stormwater management planning committee

SB1337 Engrossed- 28 -LRB100 07731 AWJ 17797 b
1shall adopt bylaws, by a majority vote of the county and
2municipal members, to govern the functions of the committee and
3its subcommittees. Officers of the committee shall include a
4chair and vice chair, one of whom shall be a county
5representative and one a municipal representative.
6 The principal duties of the committee shall be to develop a
7stormwater management plan for presentation to and approval by
8the county board, and to direct the plan's implementation and
9revision. The committee may retain engineering, legal, and
10financial advisors and inspection personnel. The committee
11shall meet at least quarterly and shall hold at least one
12public meeting during the preparation of the plan and prior to
13its submittal to the county board. The committee may make
14grants to: (1) units of local government; (2) not-for-profit
15organizations; and (3) landowners. In order for a municipality
16located partially or wholly within a mapped floodplain to
17receive grant moneys, the municipality must be a member in the
18Federal Emergency Management Agency's National Flood Insurance
19Program. A municipality receiving grant moneys must that have
20adopted an ordinance requiring actions consistent with the
21stormwater management plan. Use and to landowners for the
22purposes of stormwater management, including special projects;
23use of the grant money must be consistent with the stormwater
24management plan.
25 The committee shall not have or exercise any power of
26eminent domain.

SB1337 Engrossed- 29 -LRB100 07731 AWJ 17797 b
1 (c) In the preparation of a stormwater management plan, a
2county stormwater management planning committee shall
3coordinate the planning process with each adjoining county to
4ensure that recommended stormwater projects will have no
5significant impact on the levels or flows of stormwaters in
6inter-county watersheds or on the capacity of existing and
7planned stormwater retention facilities. An adopted stormwater
8management plan shall identify steps taken by the county to
9coordinate the development of plan recommendations with
10adjoining counties.
11 (d) The stormwater management committee may not enforce any
12rules or regulations that would interfere with (i) any power
13granted by the Illinois Drainage Code (70 ILCS 605/) to
14operate, construct, maintain, or improve drainage systems or
15(ii) the ability to operate, maintain, or improve the drainage
16systems used on or by land or a facility used for production
17agriculture purposes, as defined in the Use Tax Act (35 ILCS
18105/), except newly constructed buildings and newly installed
19impervious paved surfaces. Disputes regarding an exception
20shall be determined by a mutually agreed upon arbitrator paid
21by the disputing party or parties.
22 (e) Before the stormwater management planning committee
23recommends to the county board a stormwater management plan for
24the county or a portion thereof, it shall submit the plan to
25the Office of Water Resources of the Department of Natural
26Resources for review and recommendations. The Office, in

SB1337 Engrossed- 30 -LRB100 07731 AWJ 17797 b
1reviewing the plan, shall consider such factors as impacts on
2the levels or flows in rivers and streams and the cumulative
3effects of stormwater discharges on flood levels. The Office of
4Water Resources shall determine whether the plan or ordinances
5enacted to implement the plan complies with the requirements of
6subsection (f). Within a period not to exceed 60 days, the
7review comments and recommendations shall be submitted to the
8stormwater management planning committee for consideration.
9Any amendments to the plan shall be submitted to the Office for
10review.
11 (f) Prior to recommending the plan to the county board, the
12stormwater management planning committee shall hold at least
13one public hearing thereon and shall afford interested persons
14an opportunity to be heard. The hearing shall be held in the
15county seat. Notice of the hearing shall be published at least
16once and no less than 15 days in advance of the hearing in a
17newspaper of general circulation published in the county. The
18notice shall state the time and place of the hearing and the
19place where copies of the proposed plan will be accessible for
20examination by interested parties. If an affected municipality
21having a stormwater management plan adopted by ordinance wishes
22to protest the proposed county plan provisions, it shall appear
23at the hearing and submit in writing specific proposals to the
24stormwater management planning committee. After consideration
25of the matters raised at the hearing, the committee may amend
26or approve the plan and recommend it to the county board for

SB1337 Engrossed- 31 -LRB100 07731 AWJ 17797 b
1adoption.
2 The county board may enact the proposed plan by ordinance.
3If the proposals for modification of the plan made by an
4affected municipality having a stormwater management plan are
5not included in the proposed county plan, and the municipality
6affected by the plan opposes adoption of the county plan by
7resolution of its corporate authorities, approval of the county
8plan shall require an affirmative vote of at least two-thirds
9of the county board members present and voting. If the county
10board wishes to amend the county plan, it shall submit in
11writing specific proposals to the stormwater management
12planning committee. If the proposals are not approved by the
13committee, or are opposed by resolution of the corporate
14authorities of an affected municipality having a municipal
15stormwater management plan, amendment of the plan shall require
16an affirmative vote of at least two-thirds of the county board
17members present and voting.
18 (g) The county board may prescribe by ordinance reasonable
19rules and regulations for floodplain or stormwater management
20and for governing the location, width, course, and release rate
21of all stormwater runoff channels, streams, and basins in the
22county, in accordance with the adopted stormwater management
23plan. Land, facilities, and drainage district facilities used
24for production agriculture as defined in subsection (d) shall
25not be subjected to regulation by the county board or
26stormwater management committee under this Section for

SB1337 Engrossed- 32 -LRB100 07731 AWJ 17797 b
1floodplain management and for governing location, width,
2course, maintenance, and release rate of stormwater runoff
3channels, streams and basins, or water discharged from a
4drainage district. These rules and regulations shall, at a
5minimum, meet the standards for floodplain management
6established by the Office of Water Resources and the
7requirements of the Federal Emergency Management Agency for
8participation in the National Flood Insurance Program. With
9respect to DuPage County only, the Chicago Metropolitan Agency
10for Planning may not impose more stringent regulations
11regarding water quality on entities discharging in accordance
12with a valid National Pollution Discharge Elimination System
13permit issued under the Environmental Protection Act.
14 (h) For the purpose of implementing this Section and for
15the development, design, planning, construction, operation,
16and maintenance of stormwater facilities provided for in the
17adopted stormwater management plan, a county board that has
18established a stormwater management planning committee
19pursuant to this Section or has participated in a stormwater
20management planning process may adopt a schedule of reasonable
21fees applicable to all real property within the county which
22benefits from the county's stormwater management facilities
23and activities, and as may be necessary to mitigate the effects
24of increased stormwater runoff resulting from development. The
25total amount of the fees assessed must be specifically and
26uniquely attributable to the actual costs of the county in the

SB1337 Engrossed- 33 -LRB100 07731 AWJ 17797 b
1preparation, administration, and implementation of the adopted
2stormwater management plan, construction and maintenance of
3stormwater facilities, and other activities related to the
4management of the runoff from the property. The individual fees
5must be specifically and uniquely attributable to the portion
6of the actual cost to the county of managing the runoff from
7the property. The fees shall be used to finance activities
8undertaken by the county or its included municipalities to
9mitigate the effects of urban stormwater runoff by providing
10and maintaining stormwater collection, retention, detention,
11and particulate treatment facilities, and improving water
12bodies impacted by stormwater runoff, as identified in the
13county plan. In establishing, maintaining, or replacing such
14facilities, the county shall not duplicate facilities operated
15by other governmental bodies within its corporate boundaries.
16The schedule of fees established by the county board shall
17include a procedure for a full or partial fee waiver for
18property owners who have taken actions or put in place
19facilities that reduce or eliminate the cost to the county of
20providing stormwater management services to their property.
21The county board may also offer tax or fee rebates or incentive
22payments to property owners who construct, maintain, and use
23approved green infrastructure stormwater management devices or
24any other methods that reduce or eliminate the cost to the
25county of providing stormwater management services to the
26property, including but not limited to facilities that reduce

SB1337 Engrossed- 34 -LRB100 07731 AWJ 17797 b
1the volume, temperature, velocity, and pollutant load of the
2stormwater managed by the county, such as systems that
3infiltrate, evapotranspirate, or harvest stormwater for reuse,
4known as "green infrastructure". In exercising this authority,
5the county shall provide notice to the municipalities within
6its jurisdiction of any fees proposed under this Section and
7seek the input of each municipality with respect to the
8calculation of the fees. The county shall also give property
9owners at least 2 years' notice of the fee, during which time
10the county shall provide education on green infrastructure
11practices and an opportunity to take action to reduce or
12eliminate the fee. All these fees collected by the county shall
13be held in a separate fund, and shall be expended only in the
14watershed within which they were collected. The county may
15enter into intergovernmental agreements with other government
16bodies for the joint administration of stormwater management
17and the collection of the fees authorized in this Section.
18 A fee schedule authorized by this subsection must have the
19same limit as the authorized stormwater tax. In Peoria County
20only, the fee schedule shall not be adopted unless (i) a
21referendum has been passed approving a stormwater tax as
22provided in subsection (i) of this Section; or (ii) the
23question of the adoption of a fee schedule with the same limit
24as the authorized stormwater tax has been approved in a
25referendum by a majority of those voting on the question.
26 (i) In the alternative to a fee imposed under subsection

SB1337 Engrossed- 35 -LRB100 07731 AWJ 17797 b
1(h), the county board may cause an annual tax of not to exceed
20.20% of the value, as equalized or assessed by the Department
3of Revenue, of all taxable property in the county to be levied
4upon all the taxable property in the county. The property tax
5shall be in addition to all other taxes authorized by law to be
6levied and collected in the county and shall be in addition to
7the maximum tax rate authorized by law for general county
8purposes. The 0.20% limitation provided in this Section may be
9increased or decreased by referendum in accordance with the
10provisions of Sections 18-120, 18-125, and 18-130 of the
11Property Tax Code (35 ILCS 200/).
12 Any revenues generated as a result of ownership or
13operation of facilities or land acquired with the tax funds
14collected pursuant to this subsection shall be held in a
15separate fund and be used either to abate such property tax or
16for implementing this Section.
17 If at least part of the county has been declared by a
18presidential proclamation after July 1, 1986 and before
19December 31, 1987, to be a disaster area as a result of
20flooding, the tax authorized by this subsection does not
21require approval by referendum. However, in Peoria County, the
22tax authorized by this subsection shall not be levied until the
23question of its adoption, either for a specified period or
24indefinitely, has been submitted to the electors thereof and
25approved by a majority of those voting on the question. This
26question may be submitted at any election held in the county

SB1337 Engrossed- 36 -LRB100 07731 AWJ 17797 b
1after the adoption of a resolution by the county board
2providing for the submission of the question to the electors of
3the county. The county board shall certify the resolution and
4proposition to the proper election officials, who shall submit
5the proposition at an election in accordance with the general
6election law. If a majority of the votes cast on the question
7is in favor of the levy of the tax, it may thereafter be levied
8in the county for the specified period or indefinitely, as
9provided in the proposition. The question shall be put in
10substantially the following form:
11 Shall an annual tax be levied for stormwater management
12 purposes (for a period of not more than ..... years) at a
13 rate not exceeding .....% of the equalized assessed value
14 of the taxable property of ..... County?
15 Votes shall be recorded as Yes or No.
16 The following question may be submitted at any election
17held in the county after the adoption of a resolution by the
18county board providing for the submission of the question to
19the electors of the county to authorize adoption of a schedule
20of fees applicable to all real property within the county:
21 Shall the county board be authorized to adopt a
22 schedule of fees, at a rate not exceeding that of the
23 stormwater management tax, applicable to all real property
24 for preparation, administration, and implementation of an
25 adopted stormwater management plan, construction and
26 maintenance of related facilities, and management of the

SB1337 Engrossed- 37 -LRB100 07731 AWJ 17797 b
1 runoff from the property?
2 Votes shall be recorded as Yes or No.
3 If these questions have been approved by a majority of
4those voting prior to the effective date of this amendatory Act
5of the 98th General Assembly, this subsection does not apply.
6 (j) For those counties that adopt a property tax in
7accordance with the provisions in this Section, the stormwater
8management committee shall offer property tax abatements or
9incentive payments to property owners who construct, maintain,
10and use approved stormwater management devices. The stormwater
11management committee is authorized to offer credits to the
12property tax, if applicable, based on authorized practices
13consistent with the stormwater management plan and approved by
14the committee. Expenses of staff of a stormwater management
15committee that are expended on regulatory project review may be
16no more than 20% of the annual budget of the committee,
17including funds raised under subsections (h) and (i).
18 (k) Upon the creation and implementation of a county
19stormwater management plan, the county may petition the circuit
20court to dissolve any or all drainage districts created
21pursuant to the Illinois Drainage Code or predecessor Acts
22which are located entirely within the area of the county
23covered by the plan.
24 However, any active drainage district implementing a plan
25that is consistent with and at least as stringent as the county
26stormwater management plan may petition the stormwater

SB1337 Engrossed- 38 -LRB100 07731 AWJ 17797 b
1management planning committee for exception from dissolution.
2Upon filing of the petition, the committee shall set a date for
3hearing not less than 2 weeks, nor more than 4 weeks, from the
4filing thereof, and the committee shall give at least one
5week's notice of the hearing in one or more newspapers of
6general circulation within the district, and in addition shall
7cause a copy of the notice to be personally served upon each of
8the trustees of the district. At the hearing, the committee
9shall hear the district's petition and allow the district
10trustees and any interested parties an opportunity to present
11oral and written evidence. The committee shall render its
12decision upon the petition for exception from dissolution based
13upon the best interests of the residents of the district. In
14the event that the exception is not allowed, the district may
15file a petition within 30 days of the decision with the circuit
16court. In that case, the notice and hearing requirements for
17the court shall be the same as herein provided for the
18committee. The court shall likewise render its decision of
19whether to dissolve the district based upon the best interests
20of residents of the district.
21 The dissolution of any drainage district shall not affect
22the obligation of any bonds issued or contracts entered into by
23the district nor invalidate the levy, extension or collection
24of any taxes or special assessments upon the property in the
25former drainage district. All property and obligations of the
26former drainage district shall be assumed and managed by the

SB1337 Engrossed- 39 -LRB100 07731 AWJ 17797 b
1county, and the debts of the former drainage district shall be
2discharged as soon as practicable.
3 If a drainage district lies only partly within a county
4that adopts a county stormwater management plan, the county may
5petition the circuit court to disconnect from the drainage
6district that portion of the district that lies within that
7county. The property of the drainage district within the
8disconnected area shall be assumed and managed by the county.
9The county shall also assume a portion of the drainage
10district's debt at the time of disconnection, based on the
11portion of the value of the taxable property of the drainage
12district which is located within the area being disconnected.
13 The operations of any drainage district that continues to
14exist in a county that has adopted a stormwater management plan
15in accordance with this Section shall be in accordance with the
16adopted plan.
17 (l) Any county that has adopted a county stormwater
18management plan under this Section may, after 10 days' written
19notice receiving consent of the owner or occupant, enter upon
20any lands or waters within the county for the purpose of
21inspecting stormwater facilities or causing the removal of any
22obstruction to an affected watercourse. If consent is denied or
23cannot be reasonably obtained, the county ordinance shall
24provide a process or procedure for an administrative warrant to
25be obtained. The county shall be responsible for any damages
26occasioned thereby.

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1 (m) Except as otherwise provided in subsection (a) of this
2Section, upon petition of the municipality, and based on a
3finding of the stormwater management planning committee, the
4county shall not enforce rules and regulations adopted by the
5county in any municipality located wholly or partly within the
6county that has a municipal stormwater management ordinance
7that is consistent with and at least as stringent as the county
8plan and ordinance, and is being enforced by the municipal
9authorities. On issues that the county ordinance is more
10stringent as deemed by the committee, the county shall only
11enforce rules and regulations adopted by the county on the more
12stringent issues and accept municipal permits. The county shall
13have no more than 60 days to review permits or the permits
14shall be deemed approved.
15 (n) A county may issue general obligation bonds for
16implementing any stormwater plan adopted under this Section in
17the manner prescribed in Section 5-1012; except that the
18referendum requirement of Section 5-1012 does not apply to
19bonds issued pursuant to this Section on which the principal
20and interest are to be paid entirely out of funds generated by
21the taxes and fees authorized by this Section.
22 (o) A county that has adopted a fee schedule pursuant to
23this Section may not thereafter issue any bond extensions
24related to implementing a stormwater management plan.
25 (p) The powers authorized by this Section may be
26implemented by the county board for a portion of the county

SB1337 Engrossed- 41 -LRB100 07731 AWJ 17797 b
1subject to similar stormwater management needs.
2 (q) The powers and taxes authorized by this Section are in
3addition to the powers and taxes authorized by Division 5-15;
4in exercising its powers under this Section, a county shall not
5be subject to the restrictions and requirements of that
6Division.
7 (r) Stormwater management projects and actions related to
8stormwater management in a county that has adopted a fee
9schedule or tax pursuant to this Section prior to the effective
10date of this amendatory Act of the 98th General Assembly are
11not altered by this amendatory Act of the 98th General
12Assembly.
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