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91_HB0778
LRB9101154EGfg
1 AN ACT in relation to stormwater management, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Section 18-185 as follows:
7 (35 ILCS 200/18-185)
8 Sec. 18-185. Short title; definitions. This Division 5
9 Section and Sections 18-190 through 18-245 may be cited as
10 the Property Tax Extension Limitation Law. As used in this
11 Division 5 Sections 18-190 through 18-245:
12 "Consumer Price Index" means the Consumer Price Index for
13 All Urban Consumers for all items published by the United
14 States Department of Labor.
15 "Extension limitation" means (a) the lesser of 5% or the
16 percentage increase in the Consumer Price Index during the
17 12-month calendar year preceding the levy year or (b) the
18 rate of increase approved by voters under Section 18-205.
19 "Affected county" means a county of 3,000,000 or more
20 inhabitants or a county contiguous to a county of 3,000,000
21 or more inhabitants.
22 "Taxing district" has the same meaning provided in
23 Section 1-150, except as otherwise provided in this Section.
24 For the 1991 through 1994 levy years only, "taxing district"
25 includes only each non-home rule taxing district having the
26 majority of its 1990 equalized assessed value within any
27 county or counties contiguous to a county with 3,000,000 or
28 more inhabitants. Beginning with the 1995 levy year, "taxing
29 district" includes only each non-home rule taxing district
30 subject to this Law before the 1995 levy year and each
31 non-home rule taxing district not subject to this Law before
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1 the 1995 levy year having the majority of its 1994 equalized
2 assessed value in an affected county or counties. Beginning
3 with the levy year in which this Law becomes applicable to a
4 taxing district as provided in Section 18-213, "taxing
5 district" also includes those taxing districts made subject
6 to this Law as provided in Section 18-213.
7 "Aggregate extension" for taxing districts to which this
8 Law applied before the 1995 levy year means the annual
9 corporate extension for the taxing district and those special
10 purpose extensions that are made annually for the taxing
11 district, excluding special purpose extensions: (a) made for
12 the taxing district to pay interest or principal on general
13 obligation bonds that were approved by referendum; (b) made
14 for any taxing district to pay interest or principal on
15 general obligation bonds issued before October 1, 1991; (c)
16 made for any taxing district to pay interest or principal on
17 bonds issued to refund or continue to refund those bonds
18 issued before October 1, 1991; (d) made for any taxing
19 district to pay interest or principal on bonds issued to
20 refund or continue to refund bonds issued after October 1,
21 1991 that were approved by referendum; (e) made for any
22 taxing district to pay interest or principal on revenue bonds
23 issued before October 1, 1991 for payment of which a property
24 tax levy or the full faith and credit of the unit of local
25 government is pledged; however, a tax for the payment of
26 interest or principal on those bonds shall be made only after
27 the governing body of the unit of local government finds that
28 all other sources for payment are insufficient to make those
29 payments; (f) made for payments under a building commission
30 lease when the lease payments are for the retirement of bonds
31 issued by the commission before October 1, 1991, to pay for
32 the building project; (g) made for payments due under
33 installment contracts entered into before October 1, 1991;
34 (h) made for payments of principal and interest on bonds
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1 issued under the Metropolitan Water Reclamation District Act
2 to finance construction projects initiated before October 1,
3 1991; (i) made for payments of principal and interest on
4 limited bonds, as defined in Section 3 of the Local
5 Government Debt Reform Act, in an amount not to exceed the
6 debt service extension base less the amount in items (b),
7 (c), (e), and (h) of this definition for non-referendum
8 obligations, except obligations initially issued pursuant to
9 referendum; (j) made for payments of principal and interest
10 on bonds issued under Section 15 of the Local Government Debt
11 Reform Act; and (k) made by a school district that
12 participates in the Special Education District of Lake
13 County, created by special education joint agreement under
14 Section 10-22.31 of the School Code, for payment of the
15 school district's share of the amounts required to be
16 contributed by the Special Education District of Lake County
17 to the Illinois Municipal Retirement Fund under Article 7 of
18 the Illinois Pension Code; the amount of any extension under
19 this item (k) shall be certified by the school district to
20 the county clerk.
21 "Aggregate extension" for the taxing districts to which
22 this Law did not apply before the 1995 levy year (except
23 taxing districts subject to this Law in accordance with
24 Section 18-213) means the annual corporate extension for the
25 taxing district and those special purpose extensions that are
26 made annually for the taxing district, excluding special
27 purpose extensions: (a) made for the taxing district to pay
28 interest or principal on general obligation bonds that were
29 approved by referendum; (b) made for any taxing district to
30 pay interest or principal on general obligation bonds issued
31 before March 1, 1995; (c) made for any taxing district to pay
32 interest or principal on bonds issued to refund or continue
33 to refund those bonds issued before March 1, 1995; (d) made
34 for any taxing district to pay interest or principal on bonds
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1 issued to refund or continue to refund bonds issued after
2 March 1, 1995 that were approved by referendum; (e) made for
3 any taxing district to pay interest or principal on revenue
4 bonds issued before March 1, 1995 for payment of which a
5 property tax levy or the full faith and credit of the unit of
6 local government is pledged; however, a tax for the payment
7 of interest or principal on those bonds shall be made only
8 after the governing body of the unit of local government
9 finds that all other sources for payment are insufficient to
10 make those payments; (f) made for payments under a building
11 commission lease when the lease payments are for the
12 retirement of bonds issued by the commission before March 1,
13 1995 to pay for the building project; (g) made for payments
14 due under installment contracts entered into before March 1,
15 1995; (h) made for payments of principal and interest on
16 bonds issued under the Metropolitan Water Reclamation
17 District Act to finance construction projects initiated
18 before October 1, 1991; (h-5) made for stormwater management
19 purposes pursuant to a tax imposed by the Metropolitan Water
20 Reclamation District of Greater Chicago under subsection (f)
21 of Section 7h of the Metropolitan Water Reclamation District
22 Act; (i) made for payments of principal and interest on
23 limited bonds, as defined in Section 3 of the Local
24 Government Debt Reform Act, in an amount not to exceed the
25 debt service extension base less the amount in items (b),
26 (c), and (e) of this definition for non-referendum
27 obligations, except obligations initially issued pursuant to
28 referendum and bonds described in subsection (h) of this
29 definition; (j) made for payments of principal and interest
30 on bonds issued under Section 15 of the Local Government Debt
31 Reform Act; (k) made for payments of principal and interest
32 on bonds authorized by Public Act 88-503 and issued under
33 Section 20a of the Chicago Park District Act for aquarium or
34 museum projects; and (l) made for payments of principal and
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1 interest on bonds authorized by Public Act 87-1191 and issued
2 under Section 42 of the Cook County Forest Preserve District
3 Act for zoological park projects.
4 "Aggregate extension" for all taxing districts to which
5 this Law applies in accordance with Section 18-213, except
6 for those taxing districts subject to paragraph (2) of
7 subsection (e) of Section 18-213, means the annual corporate
8 extension for the taxing district and those special purpose
9 extensions that are made annually for the taxing district,
10 excluding special purpose extensions: (a) made for the taxing
11 district to pay interest or principal on general obligation
12 bonds that were approved by referendum; (b) made for any
13 taxing district to pay interest or principal on general
14 obligation bonds issued before the date on which the
15 referendum making this Law applicable to the taxing district
16 is held; (c) made for any taxing district to pay interest or
17 principal on bonds issued to refund or continue to refund
18 those bonds issued before the date on which the referendum
19 making this Law applicable to the taxing district is held;
20 (d) made for any taxing district to pay interest or principal
21 on bonds issued to refund or continue to refund bonds issued
22 after the date on which the referendum making this Law
23 applicable to the taxing district is held if the bonds were
24 approved by referendum after the date on which the referendum
25 making this Law applicable to the taxing district is held;
26 (e) made for any taxing district to pay interest or principal
27 on revenue bonds issued before the date on which the
28 referendum making this Law applicable to the taxing district
29 is held for payment of which a property tax levy or the full
30 faith and credit of the unit of local government is pledged;
31 however, a tax for the payment of interest or principal on
32 those bonds shall be made only after the governing body of
33 the unit of local government finds that all other sources for
34 payment are insufficient to make those payments; (f) made for
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1 payments under a building commission lease when the lease
2 payments are for the retirement of bonds issued by the
3 commission before the date on which the referendum making
4 this Law applicable to the taxing district is held to pay for
5 the building project; (g) made for payments due under
6 installment contracts entered into before the date on which
7 the referendum making this Law applicable to the taxing
8 district is held; (h) made for payments of principal and
9 interest on limited bonds, as defined in Section 3 of the
10 Local Government Debt Reform Act, in an amount not to exceed
11 the debt service extension base less the amount in items (b),
12 (c), and (e) of this definition for non-referendum
13 obligations, except obligations initially issued pursuant to
14 referendum; (i) made for payments of principal and interest
15 on bonds issued under Section 15 of the Local Government Debt
16 Reform Act; and (j) made for a qualified airport authority to
17 pay interest or principal on general obligation bonds issued
18 for the purpose of paying obligations due under, or financing
19 airport facilities required to be acquired, constructed,
20 installed or equipped pursuant to, contracts entered into
21 before March 1, 1996 (but not including any amendments to
22 such a contract taking effect on or after that date).
23 "Aggregate extension" for all taxing districts to which
24 this Law applies in accordance with paragraph (2) of
25 subsection (e) of Section 18-213 means the annual corporate
26 extension for the taxing district and those special purpose
27 extensions that are made annually for the taxing district,
28 excluding special purpose extensions: (a) made for the taxing
29 district to pay interest or principal on general obligation
30 bonds that were approved by referendum; (b) made for any
31 taxing district to pay interest or principal on general
32 obligation bonds issued before the effective date of this
33 amendatory Act of 1997; (c) made for any taxing district to
34 pay interest or principal on bonds issued to refund or
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1 continue to refund those bonds issued before the effective
2 date of this amendatory Act of 1997; (d) made for any taxing
3 district to pay interest or principal on bonds issued to
4 refund or continue to refund bonds issued after the effective
5 date of this amendatory Act of 1997 if the bonds were
6 approved by referendum after the effective date of this
7 amendatory Act of 1997; (e) made for any taxing district to
8 pay interest or principal on revenue bonds issued before the
9 effective date of this amendatory Act of 1997 for payment of
10 which a property tax levy or the full faith and credit of the
11 unit of local government is pledged; however, a tax for the
12 payment of interest or principal on those bonds shall be made
13 only after the governing body of the unit of local government
14 finds that all other sources for payment are insufficient to
15 make those payments; (f) made for payments under a building
16 commission lease when the lease payments are for the
17 retirement of bonds issued by the commission before the
18 effective date of this amendatory Act of 1997 to pay for the
19 building project; (g) made for payments due under installment
20 contracts entered into before the effective date of this
21 amendatory Act of 1997; (h) made for payments of principal
22 and interest on limited bonds, as defined in Section 3 of the
23 Local Government Debt Reform Act, in an amount not to exceed
24 the debt service extension base less the amount in items (b),
25 (c), and (e) of this definition for non-referendum
26 obligations, except obligations initially issued pursuant to
27 referendum; (i) made for payments of principal and interest
28 on bonds issued under Section 15 of the Local Government Debt
29 Reform Act; and (j) made for a qualified airport authority to
30 pay interest or principal on general obligation bonds issued
31 for the purpose of paying obligations due under, or financing
32 airport facilities required to be acquired, constructed,
33 installed or equipped pursuant to, contracts entered into
34 before March 1, 1996 (but not including any amendments to
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1 such a contract taking effect on or after that date).
2 "Debt service extension base" means an amount equal to
3 that portion of the extension for a taxing district for the
4 1994 levy year, or for those taxing districts subject to this
5 Law in accordance with Section 18-213, except for those
6 subject to paragraph (2) of subsection (e) of Section 18-213,
7 for the levy year in which the referendum making this Law
8 applicable to the taxing district is held, or for those
9 taxing districts subject to this Law in accordance with
10 paragraph (2) of subsection (e) of Section 18-213 for the
11 1996 levy year, constituting an extension for payment of
12 principal and interest on bonds issued by the taxing district
13 without referendum, but not including (i) bonds authorized by
14 Public Act 88-503 and issued under Section 20a of the Chicago
15 Park District Act for aquarium and museum projects; (ii)
16 bonds issued under Section 15 of the Local Government Debt
17 Reform Act; or (iii) refunding obligations issued to refund
18 or to continue to refund obligations initially issued
19 pursuant to referendum. The debt service extension base may
20 be established or increased as provided under Section 18-212.
21 "Special purpose extensions" include, but are not limited
22 to, extensions for levies made on an annual basis for
23 unemployment and workers' compensation, self-insurance,
24 contributions to pension plans, and extensions made pursuant
25 to Section 6-601 of the Illinois Highway Code for a road
26 district's permanent road fund whether levied annually or
27 not. The extension for a special service area is not
28 included in the aggregate extension.
29 "Aggregate extension base" means the taxing district's
30 last preceding aggregate extension as adjusted under Sections
31 18-215 through 18-230.
32 "Levy year" has the same meaning as "year" under Section
33 1-155.
34 "New property" means (i) the assessed value, after final
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1 board of review or board of appeals action, of new
2 improvements or additions to existing improvements on any
3 parcel of real property that increase the assessed value of
4 that real property during the levy year multiplied by the
5 equalization factor issued by the Department under Section
6 17-30 and (ii) the assessed value, after final board of
7 review or board of appeals action, of real property not
8 exempt from real estate taxation, which real property was
9 exempt from real estate taxation for any portion of the
10 immediately preceding levy year, multiplied by the
11 equalization factor issued by the Department under Section
12 17-30. In addition, the county clerk in a county containing
13 a population of 3,000,000 or more shall include in the 1997
14 recovered tax increment value for any school district, any
15 recovered tax increment value that was applicable to the 1995
16 tax year calculations.
17 "Qualified airport authority" means an airport authority
18 organized under the Airport Authorities Act and located in a
19 county bordering on the State of Wisconsin and having a
20 population in excess of 200,000 and not greater than 500,000.
21 "Recovered tax increment value" means the amount of the
22 current year's equalized assessed value, in the first year
23 after a municipality terminates the designation of an area as
24 a redevelopment project area previously established under the
25 Tax Increment Allocation Development Act in the Illinois
26 Municipal Code, previously established under the Industrial
27 Jobs Recovery Law in the Illinois Municipal Code, or
28 previously established under the Economic Development Area
29 Tax Increment Allocation Act, of each taxable lot, block,
30 tract, or parcel of real property in the redevelopment
31 project area over and above the initial equalized assessed
32 value of each property in the redevelopment project area.
33 For the taxes which are extended for the 1997 levy year, the
34 recovered tax increment value for a non-home rule taxing
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1 district that first became subject to this Law for the 1995
2 levy year because a majority of its 1994 equalized assessed
3 value was in an affected county or counties shall be
4 increased if a municipality terminated the designation of an
5 area in 1993 as a redevelopment project area previously
6 established under the Tax Increment Allocation Development
7 Act in the Illinois Municipal Code, previously established
8 under the Industrial Jobs Recovery Law in the Illinois
9 Municipal Code, or previously established under the Economic
10 Development Area Tax Increment Allocation Act, by an amount
11 equal to the 1994 equalized assessed value of each taxable
12 lot, block, tract, or parcel of real property in the
13 redevelopment project area over and above the initial
14 equalized assessed value of each property in the
15 redevelopment project area.
16 Except as otherwise provided in this Section, "limiting
17 rate" means a fraction the numerator of which is the last
18 preceding aggregate extension base times an amount equal to
19 one plus the extension limitation defined in this Section and
20 the denominator of which is the current year's equalized
21 assessed value of all real property in the territory under
22 the jurisdiction of the taxing district during the prior levy
23 year. For those taxing districts that reduced their
24 aggregate extension for the last preceding levy year, the
25 highest aggregate extension in any of the last 3 preceding
26 levy years shall be used for the purpose of computing the
27 limiting rate. The denominator shall not include new
28 property. The denominator shall not include the recovered
29 tax increment value.
30 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
31 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
32 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
33 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
34 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; revised
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1 10-28-98.)
2 Section 10. The Counties Code is amended by changing
3 Section 5-1062.1 as follows:
4 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
5 Sec. 5-1062.1. Stormwater management planning councils
6 in Cook County.
7 (a) Stormwater management planning in Cook County shall
8 be conducted as provided in Section 7h of the Metropolitan
9 Water Reclamation District Act. References in this Section
10 to the "District" mean the Metropolitan Water Reclamation
11 District of Greater Chicago.
12 The purpose of this Section is to create planning
13 councils, organized by watershed, to contribute to the
14 stormwater management planning process by advising the
15 Metropolitan Water Reclamation District of Greater Chicago
16 and representing the needs and interests of the members of
17 the public and the local governments included within their
18 respective watersheds. allow management and mitigation of the
19 effects of urbanization on stormwater drainage in Cook
20 County, and This Section applies only to Cook County. In
21 addition, this Section is intended to improve stormwater and
22 floodplain management in Cook County by the following:
23 (1) Setting minimum standards for floodplain and
24 stormwater management.
25 (2) Preparing plans for the management of
26 floodplains and stormwater runoff, including the
27 management of natural and man-made drainage ways.
28 (b) The purpose of this Section shall be achieved by the
29 following:
30 (1) Creating 6 Stormwater management planning councils
31 shall be formed for each of the following according to the
32 established watersheds of the Chicago Metropolitan Area:
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1 North Branch Chicago River, Lower Des Plaines Tributaries,
2 Cal-Sag Channel, Little Calumet River, Poplar Creek, and
3 Upper Salt Creek. In addition, a stormwater management
4 planning council shall be established for the combined sewer
5 areas of Cook County. Additional stormwater management
6 planning councils may be formed by the District Stormwater
7 Management Planning Committee for other watersheds within
8 Cook County.
9 Membership on the watershed councils shall consist of the
10 chief elected official, or his or her designee, from each
11 municipality and township within the watershed and the Cook
12 County Board President, or his or her designee, if
13 unincorporated area is included in the watershed. A
14 municipality or township shall be a member of more than one
15 watershed council if the corporate boundaries of that
16 municipality, or township extend entered into more than one
17 watershed, or if the municipality or township is served in
18 part by separate sewers and combined sewers.
19 Subcommittees of the stormwater management planning
20 councils may be established to assist the stormwater
21 management planning councils in performing their duties
22 preparing and implementing a stormwater management plan. The
23 councils may adopt bylaws to govern the functioning of the
24 stormwater management councils and subcommittees.
25 (2) Creating, by intergovernmental agreement, a
26 county-wide Stormwater Management Planning Committee with its
27 membership consisting of the Chairman of each of the
28 watershed management councils, the Cook County Board
29 President or his designee, and the Northeastern Illinois
30 Planning Commission President or his designee.
31 (c) (3) The principal duties of the watershed planning
32 councils shall be to advise the District on the development
33 and implementation of the countywide develop a stormwater
34 management plan with respect to matters relating to their
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1 respective watersheds and to advise and represent the
2 concerns of for the watershed area and to recommend the plan
3 for adoption to the units of local government in the
4 watershed area. The councils shall meet at least quarterly
5 and shall hold at least one public hearing during the
6 preparation of the plan. Adoption of the watershed plan
7 shall be by each municipality in the watershed and by vote of
8 the County Board.
9 (d) (4) The District principal duty of the county-wide
10 Stormwater Management Planning Committee shall give careful
11 consideration to the recommendations and concerns of the
12 watershed planning councils throughout the planning process.
13 be to coordinate the 6 watershed plans as developed and to
14 coordinate the planning process with the adjoining counties
15 to ensure that recommended stormwater projects will have no
16 significant adverse impact on the levels or flows of
17 stormwater in the inter-county watershed or on the capacity
18 of existing and planned stormwater retention facilities. The
19 District Committee shall identify in an annual published
20 report steps taken by the District to accommodate the
21 concerns and recommendations of the watershed planning
22 councils. Committee to coordinate the development of plan
23 recommendations with adjoining counties. The Committee shall
24 also publish a coordinated stormwater document of all
25 activity in the Cook County area and agreed upon stormwater
26 planning standards.
27 (5) The stormwater management planning committee shall
28 submit the coordinated watershed plans to the Office of Water
29 Resources of the Department of Natural Resources and to the
30 Northeastern Illinois Planning Commission for review and
31 recommendation. The Office and the Commission, in reviewing
32 the plan, shall consider those factors as impact on the level
33 or flows in the rivers and streams and the cumulative effects
34 of stormwater discharges on flood levels. The review
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1 comments and recommendations shall be submitted to the
2 watershed councils for consideration.
3 (e) (6) The stormwater management planning councils
4 committee may recommend rules and regulations to the District
5 watershed councils governing the location, width, course,
6 and release rates of all stormwater runoff channels, streams,
7 and basins in their respective watersheds the county.
8 (f) (7) The Northwest Municipal Conference, the South
9 Suburban Mayors and Managers Association, and the West
10 Central Municipal Conference shall be responsible for the
11 coordination of the planning councils created under this
12 Section.
13 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)
14 Section 15. The Metropolitan Water Reclamation District
15 Act is amended by adding Section 7h as follows:
16 (70 ILCS 2605/7h new)
17 Sec. 7h. Stormwater management.
18 (a) Stormwater management in Cook County shall be under
19 the general supervision of the Metropolitan Water Reclamation
20 District of Greater Chicago. The District has the authority
21 to plan, manage, implement, and finance activities relating
22 to stormwater management in Cook County. The authority of
23 the District with respect to stormwater management extends
24 throughout Cook County and is not limited to the area
25 otherwise within the territory and jurisdiction of the
26 District under this Act.
27 For the purposes of this Section, the term "stormwater
28 management" includes, without limitation, the management of
29 floods and floodwaters.
30 (b) The District may utilize the resources of
31 cooperating local watershed councils (including the
32 stormwater management planning councils created under Section
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1 5-1062.1 of the Counties Code), councils of local
2 governments, the Northeastern Illinois Planning Commission,
3 and similar organizations and agencies. The District may
4 provide those organizations and agencies with funding, on a
5 contractual basis, for providing information to the District,
6 providing information to the public, or performing other
7 activities related to stormwater management.
8 The District may enter into agreements with responsible
9 agencies in adjoining counties for the purpose of
10 accommodating planning activities on a watershed basis.
11 The District may enter into intergovernmental agreements
12 with Cook County or other units of local government that are
13 located in whole or in part outside the District for the
14 purpose of implementing the stormwater management plan and
15 providing stormwater management services in areas not
16 included within the territory of the District.
17 (c) The District shall prepare and adopt by ordinance a
18 countywide stormwater management plan for Cook County. The
19 countywide plan may incorporate one or more separate
20 watershed plans.
21 Prior to adopting the countywide stormwater management
22 plan, the District shall hold at least one public hearing
23 thereon and shall afford interested persons an opportunity to
24 be heard.
25 (d) The District may prescribe by ordinance reasonable
26 rules and regulations for floodplain and stormwater
27 management and for governing the location, width, course, and
28 release rate of all stormwater runoff channels, streams, and
29 basins in Cook County, in accordance with the adopted
30 stormwater management plan. These rules and regulations
31 shall, at a minimum, meet the standards for floodplain
32 management established by the Office of Water Resources of
33 the Department of Natural Resources and the requirements of
34 the Federal Emergency Management Agency for participation in
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1 the National Flood Insurance Program.
2 (e) The District may impose fees on new development
3 within the District to mitigate the effects of increased
4 stormwater runoff resulting from that new development. The
5 fees shall not exceed the cost of satisfying the onsite
6 stormwater retention or detention requirements of the adopted
7 stormwater management plan. The fees shall be used to
8 finance activities undertaken by the District or units of
9 local government within the District to mitigate the effects
10 of urban stormwater runoff by providing regional stormwater
11 retention or detention facilities, as identified in the plan.
12 All such fees collected by the District shall be held in a
13 separate fund.
14 (f) For the purpose of implementing this Section and for
15 the development, design, planning, construction, operation,
16 and maintenance of stormwater facilities provided for in the
17 stormwater management plan, the District may impose an annual
18 tax to be levied upon the taxable property in the District,
19 not exceeding 0.2% of the value, as equalized or assessed by
20 the Department of Revenue, of that taxable property. The tax
21 shall be in addition to all other taxes authorized by law to
22 be levied and collected in the District.
23 The proceeds of any taxes imposed under this subsection
24 and any revenues generated as a result of the ownership or
25 operation of facilities or land acquired with the proceeds of
26 taxes imposed under this subsection shall be held in a
27 separate fund and used either for implementing this Section
28 or to abate those taxes.
29 (g) The District may plan, implement, finance, and
30 operate stormwater management projects in accordance with the
31 adopted countywide stormwater management plan.
32 The District shall provide for public review and comment
33 on proposed stormwater management projects. The District
34 shall conform to State and federal requirements concerning
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1 public information, environmental assessments, and
2 environmental impacts for projects receiving State or federal
3 funds.
4 The District may issue bonds under Section 9.6a of this
5 Act for the purpose of funding stormwater management
6 projects.
7 The District shall not use Cook County Forest Preserve
8 District land for stormwater or flood control projects
9 without the consent of the Forest Preserve District.
10 (h) Upon the creation and implementation of a county
11 stormwater management plan, the District may petition the
12 circuit court to dissolve any or all drainage districts
13 created pursuant to the Illinois Drainage Code or predecessor
14 Acts that are located entirely within the District.
15 However, any active drainage district implementing a plan
16 that is consistent with and at least as stringent as the
17 county stormwater management plan may petition the District
18 for exception from dissolution. Upon filing of the petition,
19 the District shall set a date for hearing not less than 2
20 weeks, nor more than 4 weeks, from the filing thereof, and
21 the District shall give at least one week's notice of the
22 hearing in one or more newspapers of general circulation
23 within the drainage district, and in addition shall cause a
24 copy of the notice to be personally served upon each of the
25 trustees of the drainage district. At the hearing, the
26 District shall hear the drainage district's petition and
27 allow the drainage district trustees and any interested
28 parties an opportunity to present oral and written evidence.
29 The District shall render its decision upon the petition for
30 exception from dissolution based upon the best interests of
31 the residents of the drainage district. In the event that
32 the exception is not allowed, the drainage district may file
33 a petition with the circuit court within 30 days of the
34 decision. In that case, the notice and hearing requirements
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1 for the court shall be the same as provided in this
2 subsection for the petition to the District. The court shall
3 render its decision of whether to dissolve the district based
4 upon the best interests of the residents of the drainage
5 district.
6 The dissolution of a drainage district shall not affect
7 the obligation of any bonds issued or contracts entered into
8 by the drainage district nor invalidate the levy, extension,
9 or collection of any taxes or special assessments upon the
10 property in the former drainage district. All property and
11 obligations of the former drainage district shall be assumed
12 and managed by the District, and the debts of the former
13 drainage district shall be discharged as soon as practicable.
14 If a drainage district lies only partly within the
15 District, the District may petition the circuit court to
16 disconnect from the drainage district that portion of the
17 drainage district that lies within the District. The
18 property of the drainage district within the disconnected
19 area shall be assumed and managed by the District. The
20 District shall also assume a portion of the drainage
21 district's debt at the time of disconnection, based on the
22 portion of the value of the taxable property of the drainage
23 district which is located within the area being disconnected.
24 A drainage district that continues to exist within Cook
25 County shall conform its operations to the countywide
26 stormwater management plan.
27 (i) The District may assume responsibility for
28 maintaining any stream within Cook County.
29 (j) The District may, after 10 days written notice to
30 the owner or occupant, enter upon any lands or waters within
31 the county for the purpose of inspecting stormwater
32 facilities or causing the removal of any obstruction to an
33 affected watercourse. The District shall be responsible for
34 any damages occasioned thereby.
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1 (k) The District shall report to the public annually on
2 its activities and expenditures under this Section and the
3 adopted countywide stormwater management plan.
4 (l) The powers granted to the District under this
5 Section are in addition to the other powers granted under
6 this Act. This Section does not limit the powers of the
7 District under any other provision of this Act or any other
8 law.
9 (m) This Section does not affect the power or duty of
10 any unit of local government to take actions relating to
11 flooding or stormwater, so long as those actions conform with
12 this Section and the plans, rules, and ordinances adopted by
13 the District under this Section.
14 A home rule unit located in whole or in part in Cook
15 County may not regulate stormwater management or planning in
16 Cook County in a manner inconsistent with this Section or the
17 plans, rules, and ordinances adopted by the District under
18 this Section. Pursuant to paragraph (i) of Section 6 of
19 Article VII of the Illinois Constitution, this Section
20 specifically denies and limits the exercise of any power that
21 is inconsistent with this Section by a home rule unit that is
22 a county with a population of 1,500,000 or more or is
23 located, in whole or in part, within such a county.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.