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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0583 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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55 ILCS 5/5-1062 | from Ch. 34, par. 5-1062 |
| Amends the Counties Code. Makes a technical change in a Section concerning stormwater management.
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| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Counties Code is amended by changing Section |
5 | | 5-1062 as follows:
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6 | | (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
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7 | | Sec. 5-1062. Stormwater management.
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8 | | (a) The
The purpose of this Section is to allow management |
9 | | and mitigation of the
effects of urbanization on stormwater |
10 | | drainage in metropolitan counties located
in the area served by |
11 | | the Northeastern Illinois Planning Commission, and
references |
12 | | to "county" in this Section shall apply only to those counties.
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13 | | This Section shall not apply to any county with a population in |
14 | | excess of
1,500,000, except as provided in subsection (c). The |
15 | | purpose of this Section
shall be achieved by:
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16 | | (1) consolidating the existing stormwater management |
17 | | framework into a
united, countywide structure;
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18 | | (2) setting minimum standards for floodplain and |
19 | | stormwater management;
and
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20 | | (3) preparing a countywide plan for the management of |
21 | | stormwater runoff,
including the management of natural and |
22 | | man-made drainageways. The countywide
plan may incorporate |
23 | | watershed plans.
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1 | | (b) A stormwater management planning committee shall be |
2 | | established by
county board resolution, with its membership |
3 | | consisting of equal numbers of
county board and municipal |
4 | | representatives from each county board
district, and such other |
5 | | members as may be determined by the county and
municipal |
6 | | members. However, if the county has more than 6 county board
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7 | | districts, the county board may by ordinance divide the county |
8 | | into not
less than 6 areas of approximately equal population, |
9 | | to be used instead of
county board districts for the purpose of |
10 | | determining representation on the
stormwater management |
11 | | planning committee.
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12 | | The county board members shall be appointed by the chairman |
13 | | of the county
board. Municipal members from each county board |
14 | | district or other
represented area shall be appointed by a |
15 | | majority vote of the mayors of
those municipalities which have |
16 | | the greatest percentage of their respective
populations |
17 | | residing in such county board district or other represented
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18 | | area. All municipal and county board representatives shall be |
19 | | entitled
to a vote; the other members shall be nonvoting |
20 | | members, unless authorized
to vote by the unanimous consent of |
21 | | the municipal and county board
representatives. A municipality |
22 | | that is located in more than one county may
choose, at the time |
23 | | of formation of the stormwater management planning
committee |
24 | | and based on watershed boundaries, to participate in the
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25 | | stormwater management planning program of either or both of the |
26 | | counties.
Subcommittees of the stormwater management planning |
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1 | | committee may be
established to serve a portion of the county |
2 | | or a particular drainage basin
that has similar stormwater |
3 | | management needs. The stormwater management
planning committee |
4 | | shall adopt by-laws, by a majority vote of the county and
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5 | | municipal members, to govern the functions of the committee and |
6 | | its
subcommittees. Officers of the committee shall include a |
7 | | chair and vice chair,
one of whom shall be a county |
8 | | representative and one a municipal
representative.
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9 | | The principal duties of the committee shall be to develop a |
10 | | stormwater
management plan for presentation to and approval by |
11 | | the county board, and
to direct the plan's implementation and |
12 | | revision. The committee may retain
engineering, legal and |
13 | | financial advisors and inspection personnel. The
committee |
14 | | shall meet at least quarterly and shall hold at least one |
15 | | public
meeting during the preparation of the plan and prior to |
16 | | its submittal to the
county board.
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17 | | (c) In the preparation of a stormwater management plan, a |
18 | | county
stormwater management planning committee shall |
19 | | coordinate the planning
process with each adjoining county to |
20 | | ensure that recommended stormwater
projects will have no |
21 | | significant impact on the levels or flows of
stormwaters in |
22 | | inter-county watersheds or on the capacity of existing and
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23 | | planned stormwater retention facilities. An adopted stormwater |
24 | | management
plan shall identify steps taken by the county to |
25 | | coordinate the development
of plan recommendations with |
26 | | adjoining counties.
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1 | | (d) Before the stormwater management planning committee |
2 | | recommends to the
county board a stormwater management plan for |
3 | | the county or a portion thereof,
it shall submit the plan to |
4 | | the Office of Water Resources of the Department of Natural |
5 | | Resources and to the Northeastern Illinois Planning
Commission |
6 | | for review and recommendations. The Office
and the Commission, |
7 | | in reviewing the plan, shall consider such factors as
impacts |
8 | | on the levels or flows in rivers and streams and the cumulative |
9 | | effects
of stormwater discharges on flood levels. The Office of |
10 | | Water Resources shall determine whether the
plan or ordinances |
11 | | enacted to implement the plan complies with the requirements
of |
12 | | subsection (f). Within a period not to exceed 60 days, the |
13 | | review comments
and recommendations shall be submitted to the |
14 | | stormwater management planning
committee for consideration. |
15 | | Any amendments to the plan shall be
submitted to the Office and |
16 | | the Commission for review.
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17 | | (e) Prior to recommending the plan to the county board, the |
18 | | stormwater
management planning committee shall hold at least |
19 | | one public hearing thereon
and shall afford interested persons |
20 | | an opportunity to be heard. The hearing
shall be held in the |
21 | | county seat. Notice of the hearing shall be published at
least |
22 | | once no less than 15 days in advance thereof in a newspaper of |
23 | | general
circulation published in the county. The notice shall |
24 | | state the time and place
of the hearing and the place where |
25 | | copies of the proposed plan will be
accessible for examination |
26 | | by interested parties. If an affected municipality
having a |
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1 | | stormwater management plan adopted by ordinance wishes to |
2 | | protest the
proposed county plan provisions, it shall appear at |
3 | | the hearing and submit in
writing specific proposals to the |
4 | | stormwater management planning committee.
After consideration |
5 | | of the matters raised at the hearing, the committee may
amend |
6 | | or approve the plan and recommend it to the county board for |
7 | | adoption.
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8 | | The county board may enact the proposed plan by ordinance. |
9 | | If the
proposals for modification of the plan made by an |
10 | | affected municipality having
a stormwater management plan are |
11 | | not included in the proposed county plan,
and the municipality |
12 | | affected by the plan opposes adoption of the county
plan by |
13 | | resolution of its corporate authorities, approval of
the county |
14 | | plan shall require an affirmative vote of at least two-thirds |
15 | | of the
county board members present and voting. If the county |
16 | | board wishes to
amend the county plan, it shall submit in |
17 | | writing specific proposals to the
stormwater management |
18 | | planning committee. If the proposals are not
approved by the |
19 | | committee, or are opposed by resolution of the corporate
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20 | | authorities of an affected municipality having a municipal |
21 | | stormwater
management plan, amendment of the plan shall require |
22 | | an affirmative vote of
at least two-thirds of the county board |
23 | | members present and voting.
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24 | | (f) The county board may prescribe by ordinance reasonable |
25 | | rules and
regulations for floodplain management and for |
26 | | governing the location,
width, course and release rate of all |
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1 | | stormwater runoff channels, streams
and basins in the county, |
2 | | in accordance with the adopted stormwater
management plan. |
3 | | These rules and regulations shall, at a minimum, meet
the |
4 | | standards for floodplain management established by the Office |
5 | | of Water Resources and
the requirements of the Federal |
6 | | Emergency Management Agency for participation
in the National |
7 | | Flood Insurance Program.
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8 | | (g) In accordance with, and if recommended in, the adopted |
9 | | stormwater
management plan, the county board may adopt a |
10 | | schedule of fees
as may be necessary to mitigate the effects of |
11 | | increased stormwater runoff
resulting from new development. |
12 | | The fees shall not exceed the cost of
satisfying the onsite |
13 | | stormwater retention or detention requirements of the
adopted |
14 | | stormwater management plan. The fees shall be used to finance
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15 | | activities undertaken by the county or its included |
16 | | municipalities to
mitigate the effects of urban stormwater |
17 | | runoff by providing regional
stormwater retention or detention |
18 | | facilities, as identified in the county
plan. All such fees |
19 | | collected by the county shall be held in a separate fund,
and |
20 | | shall be expended only in the watershed within which they were |
21 | | collected.
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22 | | (h) For the purpose of implementing this Section and for |
23 | | the
development, design, planning, construction, operation and |
24 | | maintenance of
stormwater facilities provided for in the |
25 | | stormwater management plan, a
county board that has established |
26 | | a stormwater management planning
committee pursuant to this |
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1 | | Section may cause an annual tax of not to exceed
0.20% of the |
2 | | value, as equalized or assessed by the Department of Revenue,
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3 | | of all taxable property in the county to be levied upon all the |
4 | | taxable
property in the county. The tax shall be in addition to |
5 | | all other taxes
authorized by law to be levied and collected in |
6 | | the county and shall be in
addition to the maximum tax rate |
7 | | authorized by law for general county
purposes. The 0.20% |
8 | | limitation provided in this Section may be increased
or |
9 | | decreased by referendum in accordance with the provisions of |
10 | | Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
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11 | | Any revenues generated as a result of ownership or |
12 | | operation of facilities
or land acquired with the tax funds |
13 | | collected pursuant to this subsection
(h) shall be held in a |
14 | | separate fund and be used either to abate such
property tax or |
15 | | for implementing this Section.
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16 | | However, unless at least part of the county has been |
17 | | declared after
July 1, 1986 by presidential proclamation to be |
18 | | a disaster area as a result
of flooding, the tax authorized by |
19 | | this subsection (h) shall not be levied
until the question of |
20 | | its adoption, either for a specified period or
indefinitely, |
21 | | has been submitted to the electors thereof and approved by a
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22 | | majority of those voting on the question. This question may be |
23 | | submitted
at any election held in the county after the adoption |
24 | | of a resolution by
the county board providing for the |
25 | | submission of the question to the
electors of the county. The |
26 | | county board shall certify the resolution and
proposition to |
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1 | | the proper election officials, who shall submit the
proposition |
2 | | at an election in accordance with the general election law. If
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3 | | a majority of the votes cast on the question is in favor of the |
4 | | levy of
the tax, it may thereafter be levied in the county for |
5 | | the specified
period or indefinitely, as provided in the |
6 | | proposition. The question shall
be put in substantially the |
7 | | following form:
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8 | | -------------------------------------------------------------
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9 | | Shall an annual tax be levied
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10 | | for stormwater management purposes YES
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11 | | (for a period of not more than
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12 | | ...... years) at a rate not exceeding ------------------
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13 | | .....% of the equalized assessed
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14 | | value of the taxable property of NO
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15 | | ........ County?
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16 | | -------------------------------------------------------------
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17 | | (i) Upon the creation and implementation of a county |
18 | | stormwater management
plan, the county may petition the circuit |
19 | | court to dissolve any or all drainage
districts created |
20 | | pursuant to the Illinois Drainage Code or predecessor Acts
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21 | | which are located entirely within the area of the county |
22 | | covered by the plan.
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23 | | However, any active drainage district implementing a plan |
24 | | that is
consistent with and at least as stringent as the county |
25 | | stormwater
management plan may petition the stormwater |
26 | | management planning committee
for exception from dissolution. |
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1 | | Upon filing of the petition, the committee
shall set a date for |
2 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the |
3 | | filing thereof, and the committee shall give at least one |
4 | | week's
notice of the hearing in one or more newspapers of |
5 | | general circulation
within the district, and in addition shall |
6 | | cause a copy of the notice to be
personally served upon each of |
7 | | the trustees of the district. At the
hearing, the committee |
8 | | shall hear the district's petition and allow the
district |
9 | | trustees and any interested parties an opportunity to present |
10 | | oral
and written evidence. The committee shall render its |
11 | | decision upon the
petition for exception from dissolution based |
12 | | upon the best interests of
the residents of the district. In |
13 | | the event that the exception is not
allowed, the district may |
14 | | file a petition within 30 days of the decision
with the circuit |
15 | | court. In that case, the notice and hearing requirements
for |
16 | | the court shall be the same as herein provided for the |
17 | | committee.
The court shall likewise render its decision of |
18 | | whether to dissolve the
district based upon the best interests |
19 | | of residents of the district.
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20 | | The dissolution of any drainage district shall not affect |
21 | | the obligation
of any bonds issued or contracts entered into by |
22 | | the district nor
invalidate the levy, extension or collection |
23 | | of any taxes or special
assessments upon the property in the |
24 | | former drainage district. All property
and obligations of the |
25 | | former drainage district shall be assumed and
managed by the |
26 | | county, and the debts of the former drainage district shall
be |
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1 | | discharged as soon as practicable.
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2 | | If a drainage district lies only partly within a county |
3 | | that adopts a
county stormwater management plan, the county may |
4 | | petition the circuit
court to disconnect from the drainage |
5 | | district that portion of the district
that lies within that |
6 | | county. The property of the drainage district within the
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7 | | disconnected area shall be assumed and managed by the county. |
8 | | The county shall
also assume a portion of the drainage |
9 | | district's debt at the time of
disconnection, based on the |
10 | | portion of the value of the taxable property of the
drainage |
11 | | district which is located within the area being disconnected.
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12 | | The operations of any drainage district that continues to |
13 | | exist in a
county that has adopted a stormwater management plan |
14 | | in accordance with
this Section shall be in accordance with the |
15 | | adopted plan.
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16 | | (j) Any county that has adopted a county stormwater |
17 | | management plan
under this Section may, after 10 days written |
18 | | notice to the owner or
occupant, enter upon any lands or waters |
19 | | within the county for the purpose
of inspecting stormwater |
20 | | facilities or causing the removal of any
obstruction to an |
21 | | affected watercourse. The county shall be responsible
for any |
22 | | damages occasioned thereby.
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23 | | (k) Upon petition of the municipality, and based on a |
24 | | finding of the
stormwater management planning committee, the |
25 | | county shall not enforce
rules and regulations adopted by the |
26 | | county in any municipality located
wholly or partly within the |
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1 | | county that has a municipal stormwater
management ordinance |
2 | | that is consistent with and at least as stringent as
the county |
3 | | plan and ordinance, and is being enforced by the municipal
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4 | | authorities.
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5 | | (l) A county may issue general obligation bonds for |
6 | | implementing any
stormwater plan adopted under this Section in |
7 | | the manner prescribed in
Section 5-1012; except that the |
8 | | referendum requirement of Section 5-1012 shall
not apply to |
9 | | bonds issued pursuant to this Section on which the principal |
10 | | and
interest are to be paid entirely out of funds generated by |
11 | | the taxes and fees
authorized by this Section.
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12 | | (m) The powers authorized by this Section may be |
13 | | implemented by the
county board for a portion of the county |
14 | | subject to similar stormwater
management needs.
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15 | | (n) The powers and taxes authorized by this Section are in |
16 | | addition to the
powers and taxes authorized by Division 5-15; |
17 | | in exercising its powers
under this Section, a county shall not |
18 | | be subject to the restrictions and
requirements of that |
19 | | Division.
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20 | | (o) Pursuant to paragraphs (g) and (i) of Section 6 of |
21 | | Article VII of
the Illinois Constitution, this Section |
22 | | specifically denies and limits the
exercise of any power which |
23 | | is inconsistent herewith by home rule units in
any county with |
24 | | a population of less than 1,500,000 in the area served by
the |
25 | | Northeastern Illinois Planning Commission. This Section does |
26 | | not
prohibit the concurrent exercise of powers consistent |