SB 2196 — MWRD-STORMWATER MGMT

SB2196 EngrossedEnrolled LRB093 15617 MKM 41224 b AN ACT concerning stormwater management.

Beginning with the levy year in which this Law becomes applicable to a taxing district as SB2196 EngrossedEnrolled - 2 - LRB093 15617 MKM 41224 b provided in Section 18-213, "taxing district" also includes those taxing districts made subject to this Law as provided in Section 18-213.

(i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items SB2196 EngrossedEnrolled - 3 - LRB093 15617 MKM 41224 b (b), (c), (e), and (h) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum;

however, a tax for the payment of interest or SB2196 EngrossedEnrolled - 4 - LRB093 15617 MKM 41224 b principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments;

(n) made to fund expenses of providing joint recreational programs for the handicapped SB2196 EngrossedEnrolled - 5 - LRB093 15617 MKM 41224 b under Section 5-8 of the Park District Code or Section 11-95-14 of the Illinois Municipal Code;

(f) made for payments under a building commission SB2196 EngrossedEnrolled - 6 - LRB093 15617 MKM 41224 b lease when the lease payments are for the retirement of bonds issued by the commission before the date on which the referendum making this Law applicable to the taxing district is held to pay for the building project;

(c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued SB2196 EngrossedEnrolled - 7 - LRB093 15617 MKM 41224 b before the effective date of this amendatory Act of 1997;

and (k) made to fund expenses of providing joint recreational programs for the handicapped under Section 5-8 of the Park District Code or Section 11-95-14 SB2196 EngrossedEnrolled - 8 - LRB093 15617 MKM 41224 b of the Illinois Municipal Code.

"Special purpose extensions" include, but are not limited to, extensions for levies made on an annual basis for SB2196 EngrossedEnrolled - 9 - LRB093 15617 MKM 41224 b unemployment and workers’ compensation, self-insurance, contributions to pension plans, and extensions made pursuant to Section 6-601 of the Illinois Highway Code for a road district’s permanent road fund whether levied annually or not.

SB2196 EngrossedEnrolled - 10 - LRB093 15617 MKM 41224 b "Recovered tax increment value" means, except as otherwise provided in this paragraph, the amount of the current year’s equalized assessed value, in the first year after a municipality terminates the designation of an area as a redevelopment project area previously established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, previously established under the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area.

In the first year after a municipality removes a taxable lot, block, tract, or parcel of real property from a redevelopment project area established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, the Industrial Jobs Recovery Law in the Illinois Municipal Code, or the Economic Development Area Tax Increment Allocation Act, "recovered tax increment value" means the amount of the current year’s equalized assessed value of each taxable lot, block, tract, or parcel of SB2196 EngrossedEnrolled - 11 - LRB093 15617 MKM 41224 b real property removed from the redevelopment project area over and above the initial equalized assessed value of that real property before removal from the redevelopment project area.

allow SB2196 EngrossedEnrolled - 12 - LRB093 15617 MKM 41224 b management and mitigation of the effects of urbanization on stormwater drainage in Cook County, and this Section applies only to Cook County.

Subcommittees of the stormwater management planning councils may be established to assist the stormwater management planning councils in performing their duties preparing and implementing a SB2196 EngrossedEnrolled - 13 - LRB093 15617 MKM 41224 b stormwater management plan.

The District committee shall identify in an annual published report steps taken by the District to accommodate the SB2196 EngrossedEnrolled - 14 - LRB093 15617 MKM 41224 b concerns and recommendations of the watershed planning councils.

(a) Stormwater management in Cook County shall be under the SB2196 EngrossedEnrolled - 15 - LRB093 15617 MKM 41224 b general supervision of the Metropolitan Water Reclamation District of Greater Chicago.

Prior to adopting the countywide stormwater management SB2196 EngrossedEnrolled - 16 - LRB093 15617 MKM 41224 b plan, the District shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard.

The proceeds of any tax imposed under Section 12 for stormwater management purposes and any revenues generated as a result of the ownership or operation of facilities or land acquired with the proceeds of taxes imposed under Section 12 for stormwater management purposes shall be held in a separate SB2196 EngrossedEnrolled - 17 - LRB093 15617 MKM 41224 b fund and used either for implementing this Section or to abate those taxes.

The District shall render its decision upon the petition for exception from dissolution based upon the best interests of the residents of the drainage SB2196 EngrossedEnrolled - 18 - LRB093 15617 MKM 41224 b district.

The District shall be responsible for any damages SB2196 EngrossedEnrolled - 19 - LRB093 15617 MKM 41224 b occasioned thereby.

The board of commissioners annually may levy taxes for corporate purposes upon property within the territorial SB2196 EngrossedEnrolled - 20 - LRB093 15617 MKM 41224 b limits of such sanitary district, the aggregate amount of which, exclusive of the amount levied for (a) the payment of bonded indebtedness and the interest on bonded indebtedness (b) employees’ annuity and benefit purposes (c) construction purposes, and (d) for the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such sanitary district under the Workers’ Compensation Act or the Workers’ Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, and for the repair or replacement of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or manmade, shall not exceed the sum produced by extending the rate of .46% for each of the years year 1979 through 2004 and by extending the rate of 0.41% for the year 2005 and each year thereafter, upon the assessed valuation of all taxable property within the sanitary district as equalized and determined for State and local taxes.

Amounts realized from taxes so levied for construction purposes shall be limited for use to such purposes and shall not be available for appropriation or used to defray the cost of repairs to or expense of maintaining or operating existing or future SB2196 EngrossedEnrolled - 21 - LRB093 15617 MKM 41224 b facilities, but such restrictions, however, shall not apply to additions, alterations, enlargements, and replacements which will add appreciably to the value, utility, or the useful life of said facilities.

All taxes so levied and certified shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officer collecting the same to the treasurer of the sanitary district, in the manner and at the time provided by the general revenue SB2196 EngrossedEnrolled - 22 - LRB093 15617 MKM 41224 b law.