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92_SB1551
LRB9211105BDdv
1 AN ACT concerning municipal fees.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 adding Division 113.2 of Article 11 as follows:
6 (65 ILCS 5/Art. 11, Div. 113.2 heading new)
7 DIVISION 113.2. STORMWATER MANAGEMENT SERVICE FEES
8 (65 ILCS 5/11-113.2-1 new)
9 Sec. 11-113.2-1. Stormwater Management Service Fees.
10 (a) Fees allowed. Any municipality that is required by
11 the Illinois Environmental Protection Agency to comply with
12 the Stormwater Phase II Rule of the National Pollutant
13 Discharge Elimination System of the United States
14 Environmental Protection Agency may establish stormwater
15 management service fees to be assessed upon property served
16 by the municipal stormwater drainage system. No stormwater
17 management service fees may be imposed upon public roads or
18 highways or upon land used for agricultural purposes as
19 defined in Section 10-125 of the Property Tax Code. The fees
20 collected under this Section must be held in a separate
21 stormwater service fund and may be used only to finance the
22 municipality's efforts to mitigate the effects of urban
23 stormwater runoff.
24 (b) Financial plan required. Before establishing
25 stormwater management service fees, the municipality must
26 approve a stormwater management financial plan. The plan must
27 include the following:
28 (1) a description of the direct relationship
29 between the service fees and the contribution of runoff
30 to the drainage system;
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1 (2) a description of the process by which the
2 service fees will be calculated, assessed, collected, and
3 distributed;
4 (3) a description of the costs to calculate,
5 assess, collect, and distribute the service fees;
6 (4) a requirement that the financial plan be
7 updated regularly, including a mandatory update at least
8 once every 5 years; and
9 (5) a requirement that all updates be subject to
10 public notice, a public review period of 60 days, and a
11 public hearing.
12 (c) Determining fees. In determining stormwater
13 management service fees, the municipality may consider the
14 following:
15 (1) the services furnished or to be furnished by
16 the user of the stormwater management system;
17 (2) the nature and extent of the use of the land;
18 (3) the land's stormwater runoff characteristics;
19 and
20 (4) any other reasonable grounds for distinguishing
21 between different parcels of property.
22 (d) Establishment by ordinance. The stormwater
23 management service fees shall be established and revised, be
24 due and payable, and be in force as the municipality
25 determines by ordinance. The municipality may exempt or
26 refund all or a portion of the fees under this Section from
27 any other governmental unit or from not-for-profit agencies.
28 Notwithstanding any other law to the contrary, the stormwater
29 management service fees established by a municipality are not
30 subject to any State agency regulations governing these
31 services or the fees for similar services provided by
32 privately-owned entities.
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.