[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
92_HB3060ham002
LRB9207074LBmgam02
1 AMENDMENT TO HOUSE BILL 3060
2 AMENDMENT NO. . Amend House Bill 3060, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Counties Code is amended by changing
6 Section 5-1062 as follows:
7 (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
8 Sec. 5-1062. Stormwater management.
9 (a) The purpose of this Section is to allow management
10 and mitigation of the effects of urbanization on stormwater
11 drainage in metropolitan counties located in the area served
12 by the Northeastern Illinois Planning Commission, and
13 references to "county" in this Section shall apply only to
14 those counties. This Section shall not apply to any county
15 with a population in excess of 1,500,000, except as provided
16 in subsection (c). The purpose of this Section shall be
17 achieved by:
18 (1) consolidating the existing stormwater
19 management framework into a united, countywide structure;
20 (2) setting minimum standards for floodplain and
21 stormwater management; and
22 (3) preparing a countywide plan for the management
-2- LRB9207074LBmgam02
1 of stormwater runoff, including the management of natural
2 and man-made drainageways. The countywide plan may
3 incorporate watershed plans.
4 (b) A stormwater management planning committee shall be
5 established by county board resolution, with its membership
6 consisting of equal numbers of county board and municipal
7 representatives from each county board district, and such
8 other members as may be determined by the county and
9 municipal members. However, if the county has more than 6
10 county board districts, the county board may by ordinance
11 divide the county into not less than 6 areas of approximately
12 equal population, to be used instead of county board
13 districts for the purpose of determining representation on
14 the stormwater management planning committee.
15 The county board members shall be appointed by the
16 chairman of the county board. Municipal members from each
17 county board district or other represented area shall be
18 appointed by a majority vote of the mayors of those
19 municipalities which have the greatest percentage of their
20 respective populations residing in such county board district
21 or other represented area. All municipal and county board
22 representatives shall be entitled to a vote; the other
23 members shall be nonvoting members, unless authorized to vote
24 by the unanimous consent of the municipal and county board
25 representatives. A municipality that is located in more than
26 one county may choose, at the time of formation of the
27 stormwater management planning committee and based on
28 watershed boundaries, to participate in the stormwater
29 management planning program of either or both of the
30 counties. Subcommittees of the stormwater management planning
31 committee may be established to serve a portion of the county
32 or a particular drainage basin that has similar stormwater
33 management needs. The stormwater management planning
34 committee shall adopt by-laws, by a majority vote of the
-3- LRB9207074LBmgam02
1 county and municipal members, to govern the functions of the
2 committee and its subcommittees. Officers of the committee
3 shall include a chair and vice chair, one of whom shall be a
4 county representative and one a municipal representative.
5 The principal duties of the committee shall be to develop
6 a stormwater management plan for presentation to and approval
7 by the county board, and to direct the plan's implementation
8 and revision. The committee may retain engineering, legal and
9 financial advisors and inspection personnel. The committee
10 shall meet at least quarterly and shall hold at least one
11 public meeting during the preparation of the plan and prior
12 to its submittal to the county board.
13 (c) In the preparation of a stormwater management plan,
14 a county stormwater management planning committee shall
15 coordinate the planning process with each adjoining county to
16 ensure that recommended stormwater projects will have no
17 significant impact on the levels or flows of stormwaters in
18 inter-county watersheds or on the capacity of existing and
19 planned stormwater retention facilities. An adopted
20 stormwater management plan shall identify steps taken by the
21 county to coordinate the development of plan recommendations
22 with adjoining counties.
23 (d) Before the stormwater management planning committee
24 recommends to the county board a stormwater management plan
25 for the county or a portion thereof, it shall submit the plan
26 to the Office of Water Resources of the Department of Natural
27 Resources and to the Northeastern Illinois Planning
28 Commission for review and recommendations. The Office and
29 the Commission, in reviewing the plan, shall consider such
30 factors as impacts on the levels or flows in rivers and
31 streams and the cumulative effects of stormwater discharges
32 on flood levels. The Office of Water Resources shall
33 determine whether the plan or ordinances enacted to implement
34 the plan complies with the requirements of subsection (f).
-4- LRB9207074LBmgam02
1 Within a period not to exceed 60 days, the review comments
2 and recommendations shall be submitted to the stormwater
3 management planning committee for consideration. Any
4 amendments to the plan shall be submitted to the Office and
5 the Commission for review.
6 (e) Prior to recommending the plan to the county board,
7 the stormwater management planning committee shall hold at
8 least one public hearing thereon and shall afford interested
9 persons an opportunity to be heard. The hearing shall be
10 held in the county seat. Notice of the hearing shall be
11 published at least once no less than 15 days in advance
12 thereof in a newspaper of general circulation published in
13 the county. The notice shall state the time and place of the
14 hearing and the place where copies of the proposed plan will
15 be accessible for examination by interested parties. If an
16 affected municipality having a stormwater management plan
17 adopted by ordinance wishes to protest the proposed county
18 plan provisions, it shall appear at the hearing and submit in
19 writing specific proposals to the stormwater management
20 planning committee. After consideration of the matters
21 raised at the hearing, the committee may amend or approve the
22 plan and recommend it to the county board for adoption.
23 The county board may enact the proposed plan by
24 ordinance. If the proposals for modification of the plan
25 made by an affected municipality having a stormwater
26 management plan are not included in the proposed county plan,
27 and the municipality affected by the plan opposes adoption of
28 the county plan by resolution of its corporate authorities,
29 approval of the county plan shall require an affirmative vote
30 of at least two-thirds of the county board members present
31 and voting. If the county board wishes to amend the county
32 plan, it shall submit in writing specific proposals to the
33 stormwater management planning committee. If the proposals
34 are not approved by the committee, or are opposed by
-5- LRB9207074LBmgam02
1 resolution of the corporate authorities of an affected
2 municipality having a municipal stormwater management plan,
3 amendment of the plan shall require an affirmative vote of at
4 least two-thirds of the county board members present and
5 voting.
6 (f) The county board may prescribe by ordinance
7 reasonable rules and regulations for floodplain management
8 and for governing the location, width, course and release
9 rate of all stormwater runoff channels, streams, and basins
10 in the county, and for management of wetlands, not currently
11 protected under the federal Clean Water Act, to protect
12 habitat, water quality, and flood storage functions in
13 accordance with the adopted stormwater management plan.
14 These rules and regulations shall, at a minimum, meet the
15 standards for floodplain management established by the Office
16 of Water Resources and the requirements of the Federal
17 Emergency Management Agency for participation in the National
18 Flood Insurance Program.
19 (g) In accordance with, and if recommended in, the
20 adopted stormwater management plan, the county board may
21 adopt a schedule of fees as may be necessary to mitigate the
22 effects of increased stormwater runoff resulting from new
23 development. The fees shall not exceed the cost of
24 satisfying the onsite stormwater retention or detention
25 requirements of the adopted stormwater management plan. The
26 fees shall be used to finance activities undertaken by the
27 county or its included municipalities to mitigate the effects
28 of urban stormwater runoff by providing regional stormwater
29 retention or detention facilities, as identified in the
30 county plan. All such fees collected by the county shall be
31 held in a separate fund, and shall be expended only in the
32 watershed within which they were collected.
33 (h) For the purpose of implementing this Section and for
34 the development, design, planning, construction, operation
-6- LRB9207074LBmgam02
1 and maintenance of stormwater facilities provided for in the
2 stormwater management plan, a county board that has
3 established a stormwater management planning committee
4 pursuant to this Section may cause an annual tax of not to
5 exceed 0.20% of the value, as equalized or assessed by the
6 Department of Revenue, of all taxable property in the county
7 to be levied upon all the taxable property in the county.
8 The tax shall be in addition to all other taxes authorized by
9 law to be levied and collected in the county and shall be in
10 addition to the maximum tax rate authorized by law for
11 general county purposes. The 0.20% limitation provided in
12 this Section may be increased or decreased by referendum in
13 accordance with the provisions of Sections 18-120, 18-125,
14 and 18-130 of the Property Tax Code.
15 Any revenues generated as a result of ownership or
16 operation of facilities or land acquired with the tax funds
17 collected pursuant to this subsection (h) shall be held in a
18 separate fund and be used either to abate such property tax
19 or for implementing this Section.
20 However, unless at least part of the county has been
21 declared after July 1, 1986 by presidential proclamation to
22 be a disaster area as a result of flooding, the tax
23 authorized by this subsection (h) shall not be levied until
24 the question of its adoption, either for a specified period
25 or indefinitely, has been submitted to the electors thereof
26 and approved by a majority of those voting on the question.
27 This question may be submitted at any election held in the
28 county after the adoption of a resolution by the county board
29 providing for the submission of the question to the electors
30 of the county. The county board shall certify the resolution
31 and proposition to the proper election officials, who shall
32 submit the proposition at an election in accordance with the
33 general election law. If a majority of the votes cast on the
34 question is in favor of the levy of the tax, it may
-7- LRB9207074LBmgam02
1 thereafter be levied in the county for the specified period
2 or indefinitely, as provided in the proposition. The question
3 shall be put in substantially the following form:
4 -------------------------------------------------------------
5 Shall an annual tax be levied
6 for stormwater management purposes YES
7 (for a period of not more than
8 ...... years) at a rate not exceeding ------------------
9 .....% of the equalized assessed
10 value of the taxable property of NO
11 ........ County?
12 -------------------------------------------------------------
13 (i) Upon the creation and implementation of a county
14 stormwater management plan, the county may petition the
15 circuit court to dissolve any or all drainage districts
16 created pursuant to the Illinois Drainage Code or predecessor
17 Acts which are located entirely within the area of the county
18 covered by the plan.
19 However, any active drainage district implementing a plan
20 that is consistent with and at least as stringent as the
21 county stormwater management plan may petition the stormwater
22 management planning committee for exception from dissolution.
23 Upon filing of the petition, the committee shall set a date
24 for hearing not less than 2 weeks, nor more than 4 weeks,
25 from the filing thereof, and the committee shall give at
26 least one week's notice of the hearing in one or more
27 newspapers of general circulation within the district, and in
28 addition shall cause a copy of the notice to be personally
29 served upon each of the trustees of the district. At the
30 hearing, the committee shall hear the district's petition and
31 allow the district trustees and any interested parties an
32 opportunity to present oral and written evidence. The
33 committee shall render its decision upon the petition for
34 exception from dissolution based upon the best interests of
-8- LRB9207074LBmgam02
1 the residents of the district. In the event that the
2 exception is not allowed, the district may file a petition
3 within 30 days of the decision with the circuit court. In
4 that case, the notice and hearing requirements for the court
5 shall be the same as herein provided for the committee. The
6 court shall likewise render its decision of whether to
7 dissolve the district based upon the best interests of
8 residents of the district.
9 The dissolution of any drainage district shall not affect
10 the obligation of any bonds issued or contracts entered into
11 by the district nor invalidate the levy, extension or
12 collection of any taxes or special assessments upon the
13 property in the former drainage district. All property and
14 obligations of the former drainage district shall be assumed
15 and managed by the county, and the debts of the former
16 drainage district shall be discharged as soon as practicable.
17 If a drainage district lies only partly within a county
18 that adopts a county stormwater management plan, the county
19 may petition the circuit court to disconnect from the
20 drainage district that portion of the district that lies
21 within that county. The property of the drainage district
22 within the disconnected area shall be assumed and managed by
23 the county. The county shall also assume a portion of the
24 drainage district's debt at the time of disconnection, based
25 on the portion of the value of the taxable property of the
26 drainage district which is located within the area being
27 disconnected.
28 The operations of any drainage district that continues to
29 exist in a county that has adopted a stormwater management
30 plan in accordance with this Section shall be in accordance
31 with the adopted plan.
32 (j) Any county that has adopted a county stormwater
33 management plan under this Section may, after 10 days written
34 notice to the owner or occupant, enter upon any lands or
-9- LRB9207074LBmgam02
1 waters within the county for the purpose of inspecting
2 stormwater facilities or causing the removal of any
3 obstruction to an affected watercourse. The county shall be
4 responsible for any damages occasioned thereby.
5 (k) Upon petition of the municipality, and based on a
6 finding of the stormwater management planning committee, the
7 county shall not enforce rules and regulations adopted by the
8 county in any municipality located wholly or partly within
9 the county that has a municipal stormwater management
10 ordinance that is consistent with and at least as stringent
11 as the county plan and ordinance, and is being enforced by
12 the municipal authorities.
13 (l) A county may issue general obligation bonds for
14 implementing any stormwater plan adopted under this Section
15 in the manner prescribed in Section 5-1012; except that the
16 referendum requirement of Section 5-1012 shall not apply to
17 bonds issued pursuant to this Section on which the principal
18 and interest are to be paid entirely out of funds generated
19 by the taxes and fees authorized by this Section.
20 (m) The powers authorized by this Section may be
21 implemented by the county board for a portion of the county
22 subject to similar stormwater management needs.
23 (n) The powers and taxes authorized by this Section are
24 in addition to the powers and taxes authorized by Division
25 5-15; in exercising its powers under this Section, a county
26 shall not be subject to the restrictions and requirements of
27 that Division.
28 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
29 Article VII of the Illinois Constitution, this Section
30 specifically denies and limits the exercise of any power
31 which is inconsistent herewith by home rule units in any
32 county with a population of less than 1,500,000 in the area
33 served by the Northeastern Illinois Planning Commission.
34 This Section does not prohibit the concurrent exercise of
-10- LRB9207074LBmgam02
1 powers consistent herewith.
2 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)".