Illinois 95th Regular Session Status: Passed Senate 1 D cosponsors

SB 2033 — CNTY CD-STORMWATER MANAGEMENT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Counties Code. Adds Peoria County to the list of counties that may establish a stormwater management planning committee. Provides that the county board may adopt a schedule of fees to mitigate the effects of stormwater runoff (instead of increased stormwater runoff resulting from new development). Provides that the county board shall provide for a credit or reduction in fees for certain stormwater facilities regardless of whether the developer was required to construct the facility. Provides that developers are exempt from the fees if the new development satisfied onsite retention or detention pursuant to any other local ordinance addressing erosion, sediment, or stormwater control and certain Illinois Environmental Protection Agency regulations at the time of the dedication of public infrastructure. Effective immediately.

Bill Text

What changed in the latest version

739 added · 330 removed

Plain-language change summary

The updated version of SB 2033 introduces a focused approach to stormwater management specifically for Peoria County. It establishes a new structured framework that aims to unify existing stormwater efforts and sets minimum standards for managing floodplains and stormwater runoff. Additionally, it allows for the creation of a planning committee composed of equal representatives from county and municipal boards to oversee these initiatives. This change is significant because it could lead to more effective management of stormwater in Peoria County, helping to prevent flooding and improve water quality in the area.

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*LRB09518793HLH44919b* SB2033 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2033 Introduced 2/7/2008, by Sen.
SB2033 Engrossed LRB095 18793 HLH 44919 b AN ACT concerning local government.
David Koehler SYNOPSIS AS INTRODUCED:
ILCS 5/5-1062.2 Amends the Counties Code.
Adds Peoria County to the list of counties that may establish a stormwater management planning committee.
Provides that the county board may adopt a schedule of fees to mitigate the effects of stormwater runoff (instead of increased stormwater runoff resulting from new development).
Provides that the county board shall provide for a credit or reduction in fees for certain stormwater facilities regardless of whether the developer was required to construct the facility.
Provides that developers are exempt from the fees if the new development satisfied onsite retention or detention pursuant to any other local ordinance addressing Environmental Protection Agency regulations at the time of the dedicationois of public infrastructure.
Effective immediately.
LRB095 18793 HLH 44919 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2033 LRB095 18793 HLH 44919 b AN ACT concerning local government.
The Counties Code is amended by changing Section 5-1062.2 as follows:
The Counties Code is amended by adding Section 5-1062.3 as follows:
(55 ILCS 5/5-1062.2) Sec.
(55 ILCS 5/5-1062.3 new) Sec.
5-1062.2.
5-1062.3.
Stormwater management.
Stormwater management;
(a) The purpose of this Section is to allow management and mitigation of the effects of urbanization on stormwater drainage in the metropolitan counties of Madison, St.
Peoria.
Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, Peoria, and Boone and references to "county" in this Section apply only to those counties.
(a) The purpose of this Section is to allow management and mitigation of the effects of urbanization on stormwater drainage in Peoria County and references to "county" in this Section apply only to that county.
This Section does not apply to counties in the Northeastern Illinois Planning Commission that are granted authorities in Section 5-1062.
The countywide plan may incorporate SB2033 - 2 - LRB095 18793 HLH 44919 b watershed plans.
The countywide plan may incorporate watershed plans.
(b) A stormwater management planning committee may be established by county board resolution, with its membership consisting of equal numbers of county board and municipal representatives from each county board district, and such other members as may be determined by the county and municipal members.
(b) A stormwater management planning committee may be established by county board resolution, with its membership consisting of equal numbers of county board and municipal SB2033 Engrossed - 2 - LRB095 18793 HLH 44919 b representatives from each county board district, and such other members as may be determined by the county and municipal members.
If the county has more than 6 county board districts, however, the county board may by ordinance divide the county into not less than 6 areas of approximately equal population, to be used instead of county board districts for the purpose of determining representation on the stormwater management planning committee.
The county board may by ordinance divide the county into not less than 6 areas of approximately equal population, to be used instead of county board districts for the purpose of determining representation on the stormwater management planning committee.
A municipality that is located in more than one county may choose, at the time of formation of the stormwater management planning committee and based on watershed boundaries, to participate in the stormwater management planning program of either or both of the SB2033 - 3 - LRB095 18793 HLH 44919 b counties.
A municipality that is located in more than one county may choose, at the time of formation of the stormwater management planning committee and based on watershed boundaries, to participate in the stormwater management planning program of either or both of the counties.
The stormwater management planning committee shall adopt bylaws, by a majority vote of the county and municipal members, to govern the functions of the committee and its subcommittees.
The stormwater management planning committee shall adopt bylaws, by a majority vote of the county and SB2033 Engrossed - 3 - LRB095 18793 HLH 44919 b municipal members, to govern the functions of the committee and its subcommittees.
(c) In the preparation of a stormwater management plan, a SB2033 - 4 - LRB095 18793 HLH 44919 b county stormwater management planning committee shall coordinate the planning process with each adjoining county to ensure that recommended stormwater projects will have no significant impact on the levels or flows of stormwaters in inter-county watersheds or on the capacity of existing and planned stormwater retention facilities.
(c) In the preparation of a stormwater management plan, a county stormwater management planning committee shall coordinate the planning process with each adjoining county to ensure that recommended stormwater projects will have no significant impact on the levels or flows of stormwaters in inter-county watersheds or on the capacity of existing and SB2033 Engrossed - 4 - LRB095 18793 HLH 44919 b planned stormwater retention facilities.
The Office, in reviewing the plan, shall consider such factors as impacts on SB2033 - 5 - LRB095 18793 HLH 44919 b the levels or flows in rivers and streams and the cumulative effects of stormwater discharges on flood levels.
The Office, in reviewing the plan, shall consider such factors as impacts on the levels or flows in rivers and streams and the cumulative effects of stormwater discharges on flood levels.
Within a period not to exceed 60 days, the review comments and recommendations shall be submitted to the stormwater management planning committee for consideration.
Within a period not to exceed 60 days, the SB2033 Engrossed - 5 - LRB095 18793 HLH 44919 b review comments and recommendations shall be submitted to the stormwater management planning committee for consideration.
SB2033 - 6 - LRB095 18793 HLH 44919 b The county board may enact the proposed plan by ordinance.
The county board may enact the proposed plan by ordinance.
If the proposals for modification of the plan made by an affected municipality having a stormwater management plan are not included in the proposed county plan, and the municipality affected by the plan opposes adoption of the county plan by resolution of its corporate authorities, approval of the county plan shall require an affirmative vote of at least two-thirds of the county board members present and voting.
If the proposals for modification of the plan made by an affected municipality having a stormwater management plan are not included in the proposed county plan, and the municipality affected by the plan opposes adoption of the county plan by SB2033 Engrossed - 6 - LRB095 18793 HLH 44919 b resolution of its corporate authorities, approval of the county plan shall require an affirmative vote of at least two-thirds of the county board members present and voting.
Land, facilities, and drainage district facilities used for production agriculture as defined in subsection (d) shall not be subjected to regulation by the county board or stormwater management committee under this Section for floodplain management and for governing location, width, course, SB2033 - 7 - LRB095 18793 HLH 44919 b maintenance, and release rate of stormwater runoff channels, streams and basins, or water discharged from a drainage district.
Land, facilities, and drainage district facilities used for production agriculture as defined in subsection (d) shall not be subjected to regulation by the county board or stormwater management committee under this Section for floodplain management and for governing location, width, course, maintenance, and release rate of stormwater runoff channels, streams and basins, or water discharged from a drainage district.
These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources and the requirements of the Federal Emergency Management Agency for participation in the National Flood Insurance Program.
These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources and the requirements of the Federal SB2033 Engrossed - 7 - LRB095 18793 HLH 44919 b Emergency Management Agency for participation in the National Flood Insurance Program.
(h) In accordance with, and if recommended in, the adopted stormwater management plan, the county board may adopt a schedule of fees as may be necessary to mitigate the effects of increased stormwater runoff resulting from new development based on actual costs.
(h) In accordance with, and if recommended in, the adopted stormwater management plan, the county board may adopt a schedule of fees as may be necessary to mitigate the effects of stormwater runoff based on actual costs.
The county board shall provide for a credit or reduction in fees for any onsite retention, detention, drainage district assessments, or other similar stormwater facility that the developer is required to construct consistent with the SB2033 - 8 - LRB095 18793 HLH 44919 b stormwater management ordinance.
The county board shall provide for a credit or reduction in fees for any onsite retention, detention, drainage district assessments, or other similar stormwater facility consistent with the stormwater management ordinance.
Developers are exempt from any fees under this Section if the new development satisfies onsite retention or detention pursuant to any other local ordinance addressing erosion, sediment, or stormwater control and Illinois Environmental Protection Agency regulations that place the development into compliance with the National Pollutant Discharge Elimination System (NPDES) permit program at the time of the dedication of public infrastructure.
Developers are exempt from any fees under this Section if the new development satisfies onsite retention or detention pursuant to any other local ordinance addressing erosion, sediment, or stormwater control and Illinois Environmental Protection Agency regulations that place the development into compliance with the National Pollutant Discharge Elimination SB2033 Engrossed - 8 - LRB095 18793 HLH 44919 b System (NPDES) permit program at the time of the dedication of public infrastructure.
The 0.20% limitation provided in this Section may be increased or decreased by referendum in accordance with the provisions of SB2033 - 9 - LRB095 18793 HLH 44919 b Sections 18-120, 18-125, and 18-130 of the Property Tax Code (35 ILCS 200/).
The 0.20% limitation provided in this Section may be increased or decreased by referendum in accordance with the provisions of Sections 18-120, 18-125, and 18-130 of the Property Tax Code (35 ILCS 200/).
However, the tax authorized by this subsection shall not be levied until the question of its adoption, either for a specified period or indefinitely, has been submitted to the electors thereof and approved by a majority of those voting on the question.
SB2033 Engrossed - 9 - LRB095 18793 HLH 44919 b However, the tax authorized by this subsection shall not be levied until the question of its adoption, either for a specified period or indefinitely, has been submitted to the electors thereof and approved by a majority of those voting on the question.
years) at a rate not exceeding .....% of the equalized assessed value of the taxable property of .....
years) at a rate not exceeding .....% of the equalized assessed value of the taxable property of Peoria County? Or this question may be submitted at any election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county to authorize use and occupation taxes of 1/10 of one cent:
County? SB2033 - 10 - LRB095 18793 HLH 44919 b Or this question may be submitted at any election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county to authorize use and occupation taxes of 1/10 of one cent:
years) at a rate of 1/10 of one cent for taxable goods in .....
SB2033 Engrossed - 10 - LRB095 18793 HLH 44919 b years) at a rate of 1/10 of one cent for taxable goods in Peoria County? Votes shall be recorded as Yes or No.
County? Votes shall be recorded as Yes or No.
(j) If the county adopts a property tax in accordance with the provisions in this Section, the stormwater management committee shall offer property tax abatements or incentive payments to property owners who construct, maintain, and use approved stormwater management devices.
(j) For those counties that adopt a property tax in accordance with the provisions in this Section, the stormwater management committee shall offer property tax abatements or incentive payments to property owners who construct, maintain, and use approved stormwater management devices.
If the county adopts use and occupation taxes in accordance with the provisions of this Section, the stormwater management committee may offer tax rebates or incentive payments to property owners who construct, maintain, and use approved stormwater management devices.
For those counties that adopt use and occupation taxes in accordance with the provisions of this Section, the stormwater management committee may offer tax rebates or incentive payments to property owners who construct, maintain, and use approved stormwater management devices.
Expenses of staff of a stormwater management committee that are expended on regulatory project review may be no more than 20% of the annual budget of the committee, including funds raised SB2033 - 11 - LRB095 18793 HLH 44919 b under subsections (h) and (i).
Expenses of staff of a stormwater management committee that are expended on regulatory project review may be no more than 20% of the annual budget of the committee, including funds raised under subsections (h) and (i).
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(k) Any county that has adopted a county stormwater management plan under this Section may, after 10 days written notice receiving consent of the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse.
(k) If the county has adopted a county stormwater management plan under this Section it may, after 10 days written notice receiving consent of the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse.
If consent is denied or cannot be reasonably obtained, the county ordinance shall provide a process or procedure for an administrative warrant to be obtained.
If SB2033 Engrossed - 11 - LRB095 18793 HLH 44919 b consent is denied or cannot be reasonably obtained, the county ordinance shall provide a process or procedure for an administrative warrant to be obtained.
(m) A county may issue general obligation bonds for implementing any stormwater plan adopted under this Section in SB2033 - 12 - LRB095 18793 HLH 44919 b the manner prescribed in Section 5-1012;
(m) The county may issue general obligation bonds for implementing any stormwater plan adopted under this Section in the manner prescribed in Section 5-1012;
(n) The powers authorized by this Section may be implemented by the county board for a portion of the county subject to similar stormwater management needs.
(n) The powers authorized by this Section may be implemented by the county board for a portion of the county SB2033 Engrossed - 12 - LRB095 18793 HLH 44919 b subject to similar stormwater management needs.
Section 10.
The County Economic Development Project Area Property Tax Allocation Act is amended by changing Sections 4 and 5 as follows:
(55 ILCS 85/4) (from Ch.
34, par.
7004) Sec.
4.
Establishment of economic development project area;
ordinance;
joint review board;
notice;
hearing;
changes in economic development plan;
annual reporting requirements.
Economic development project areas shall be established as follows:
(a) The corporate authorities of Whiteside County may by ordinance propose the establishment of an economic development project area and fix a time and place for a public hearing, and shall submit a certified copy of the ordinance as adopted to the Department.
(a-5) After the effective date of this amendatory Act of the 93rd General Assembly, the corporate authorities of Stephenson County may by ordinance propose the establishment of an economic development project area and fix a time and place SB2033 Engrossed - 13 - LRB095 18793 HLH 44919 b for a public hearing, and shall submit a certified copy of the ordinance as adopted to the Department.
(a-10) The corporate authorities of Grundy County may, by ordinance, propose the establishment of an economic development project and fix a time and place for a public hearing.
Upon passage of the ordinance, the corporate authorities of Grundy County shall submit a certified copy of the ordinance, as adopted, to the Department.
(a-15) The corporate authorities of Peoria County may, by ordinance, propose the establishment of an economic development project and fix a time and place for a public hearing.
Upon passage of the ordinance, the corporate authorities of Peoria County shall submit a certified copy of the ordinance, as adopted, to the Department.
(b) Any county which adopts an ordinance which fixes a date, time and place for a public hearing shall convene a joint review board as hereinafter provided.
Not less than 45 days prior to the date fixed for the public hearing, the county shall give notice by mailing to the chief executive officer of each affected taxing district having taxable property included in the proposed economic development project area and, if the ordinance is adopted by Stephenson County, the chief executive officer of any municipality within Stephenson County having a population of more than 20,000 that such chief executive officer or his designee is invited to participate in a joint review board.
The designee shall serve at the discretion of the SB2033 Engrossed - 14 - LRB095 18793 HLH 44919 b chief executive officer of the taxing district for a term not to exceed 2 years.
Such notice shall advise each chief executive officer of the date, time and place of the first meeting of such joint review board, which shall occur not less than 30 days prior to the date of the public hearing.
Such notice by mail shall be given by depositing such notice in the United States Postal Service by certified mail.
At or prior to the first meeting of such joint review board the county shall furnish to any member of such joint review board copies of the proposed economic development plan and any related documents which such member shall reasonably request.
A majority of the members of such joint review board present at any meeting shall constitute a quorum.
Additional meetings may be called by any member of a joint review board upon the giving of notice not less than 72 hours prior to the date of any additional meeting to all members of the joint review board.
The joint review board shall review such information and material as its members reasonably deem relevant to the county’s proposals to approve economic development plans and economic development projects and to designate economic development project areas.
The county shall provide such information and material promptly upon the request of the joint review board and may also provide administrative support and facilities as the joint review board may reasonably require.
Within 30 days of its first meeting, a joint review board shall provide the county with a written report of its review of SB2033 Engrossed - 15 - LRB095 18793 HLH 44919 b any proposal to approve an economic development plan and economic development project and to designate an economic development project area.
Such written report shall include such information and advisory, nonbinding recommendations as a majority of the members of the joint review board shall deem relevant.
Written reports of joint review boards may include information and advisory, nonbinding recommendations provided by a minority of the members thereof.
Any joint review board which does not provide such written report within such 30-day period shall be deemed to have recommended that the county proceed with a proposal to approve an economic development plan and economic development project and to designate an economic development project area.
(c) Notice of the public hearing shall be given by publication and mailing.
(1) Notice by publication shall be given by publication at least twice, the first publication to be not more than 30 nor less than 10 days prior to the hearing in a newspaper of general circulation within the taxing districts having property in the proposed economic development project area.
Notice by mailing shall be given by depositing such notice together with a copy of the proposed economic development plan in the United States Postal Service by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or SB2033 Engrossed - 16 - LRB095 18793 HLH 44919 b parcel of land lying within the proposed economic development project area.
The notice shall be mailed not less than 10 days prior to the dates set for the public hearing.
In the event taxes for the last preceding year were not paid, the notice shall also be sent to the persons last listed on the tax rolls within the preceding 3 years as the owners of the property.
(2) The notices issued pursuant to this Section shall include the following:
(A) The time and place of public hearing;
(B) The boundaries of the proposed economic development project area by legal description and by street location where possible;
(C) A notification that all interested persons will be given an opportunity to be heard at the public hearing;
(D) An invitation for any person to submit alternative proposals or bids for any proposed conveyance, lease, mortgage or other disposition of land within the proposed economic development project area;
(E) A description of the economic development plan or economic development project if a plan or project is a subject matter of the hearing;
and (F) Such other matters as the county may deem appropriate.
SB2033 Engrossed - 17 - LRB095 18793 HLH 44919 b (3) Not less than 45 days prior to the date set for hearing, the county shall give notice by mail as provided in this subsection (c) to all taxing districts of which taxable property is included in the economic development project area, and to the Department.
In addition to the other requirements under this subsection (c), the notice shall include an invitation to the Department and each taxing district to submit comments to the county concerning the subject matter of the hearing prior to the date of the hearing.
(d) At the public hearing any interested person, the Department or any affected taxing district may file written objections with the county clerk and may be heard orally with respect to any issues embodied in the notice.
The county shall hear and determine all alternate proposals or bids for any proposed conveyance, lease, mortgage or other disposition of land and all protests and objections at the hearing, and the hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the adjourned hearing.
Public hearings with regard to an economic development plan, economic development project area, or economic development project may be held simultaneously.
(e) At the public hearing, or at any time prior to the adoption by the county of an ordinance approving an economic development plan, the county may make changes in the economic SB2033 Engrossed - 18 - LRB095 18793 HLH 44919 b development plan.
Changes which (1) alter the exterior boundaries of the proposed economic development project area, (2) substantially affect the general land uses established in the proposed economic development plan, (3) substantially change the nature of the proposed economic development plan, (4) change the general description of any proposed developer, user or tenant of any property to be located or improved within the economic development project area, or (5) change the description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved within the economic development project area shall be made only after review by joint review board, notice and hearing pursuant to the procedures set forth in this Section.
Changes which do not (1) alter the exterior boundaries of a proposed economic development project area, (2) substantially affect the general land uses established in the proposed plan, (3) substantially change the nature of the proposed economic development plan, (4) change the general description of any proposed developer, user or tenant of any property to be located or improved within the economic development project area, or (5) change the description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved within the economic development project area may be made without further notice or hearing, provided that the county shall give notice of its changes by mail to the Department and to each affected taxing SB2033 Engrossed - 19 - LRB095 18793 HLH 44919 b district and by publication in a newspaper or newspapers of general circulation with the affected taxing districts.
Such notice by mail and by publication shall each occur not later than 10 days following the adoption by ordinance of such changes.
(f) At any time within 90 days of the final adjournment of the public hearing, a county may, by ordinance, approve the economic development plan, establish the economic development project area, and authorize property tax allocation financing for such economic development project area.
Any ordinance adopted by Whiteside County which approves the economic development plan shall contain findings that the economic development project is reasonably expected to create or retain not less than 500 full-time equivalent jobs, that private investment in an amount not less than $25,000,000 is reasonably expected to occur in the economic development project area, that the economic development project will encourage the increase of commerce and industry within the State, thereby reducing the evils attendant upon unemployment and increasing opportunities for personal income, and that the economic development project will increase or maintain the property, sales and income tax bases of the county and of the State.
Any ordinance adopted by Grundy County that approves the economic development plan shall contain findings that the economic development project is reasonably expected to create SB2033 Engrossed - 20 - LRB095 18793 HLH 44919 b or retain not less than 250 full-time equivalent jobs, that private investment in an amount not less than $50,000,000 is reasonably expected to occur in the economic development project area, that the economic development project will encourage the increase of commerce and industry within the State, thereby reducing the evils attendant upon unemployment and increasing opportunities for personal income, and that the economic development project will increase or maintain the property, sales, and income tax bases of the county and of the State.
Any ordinance adopted by Stephenson County that approves an economic development plan shall contain findings that (i) the economic development project is reasonably expected to create or retain not less than 500 full-time equivalent jobs;
(ii) private investment in an amount not less than $10,000,000 is reasonably expected to occur in the economic development area;
(iii) the economic development project will encourage the increase of commerce and industry within the State, thereby reducing the evils attendant upon unemployment and increasing opportunities for personal income;
and (iv) the economic development project will increase or maintain the property, sales, and income tax bases of the county and of the State.
Before the economic development project area is established by Stephenson County, the following additional conditions must be included in an intergovernmental agreement approved by both the Stephenson County Board and the corporate authorities of the SB2033 Engrossed - 21 - LRB095 18793 HLH 44919 b City of Freeport:
(i) the corporate authorities of the City of Freeport must concur by resolution with the findings of Stephenson County;
(ii) both the corporate authorities of the City of Freeport and the Stephenson County Board shall approve any and all economic or redevelopment agreements and incentives for any economic development project within the economic development area;
(iii) any economic development project that receives funds under this Act, except for any economic development project specifically excluded from annexation in the provisions of the intergovernmental agreement, shall agree to and must enter into an annexation agreement with the City of Freeport to annex property included in the economic development project area to the City of Freeport at the first point in time that the property becomes contiguous to the City of Freeport;
(iv) the local share of all State occupation and use taxes allocable to the City of Freeport and Stephenson County and derived from commercial projects within the economic development project area shall be equally shared by and between the City of Freeport and Stephenson County for the duration of the economic development project;
and (v) any development in the economic development project area shall be built in accordance with the building and related codes of both the City of Freeport and Stephenson County and the City of Freeport shall approve all provisions for water and sewer service.
Any ordinance adopted by Peoria County that approves an economic development plan shall contain findings that (i) the SB2033 Engrossed - 22 - LRB095 18793 HLH 44919 b economic development project is reasonably expected to create or retain not less than 250 full-time equivalent jobs;
(ii) private investment in an amount not less than $15,000,000 is reasonably expected to occur in the economic development project area;
(iii) the economic development project will encourage the increase of commerce and industry within the State, thereby reducing the evils attendant upon unemployment and increasing opportunities for personal income;
and (iv) the economic development project will increase or maintain the property, sales, and income tax bases of the county and of the State.
The ordinance shall also state that the economic development project area shall not include parcels to be used for purposes of residential development.
Any ordinance adopted which establishes an economic development project area shall contain the boundaries of such area by legal description and, where possible, by street location.
Any ordinance adopted which authorizes property tax allocation financing shall provide that the ad valorem taxes, if any, arising from the levies upon taxable real property in such economic development project area by taxing districts and tax rates determined in the manner provided in subsection (b) of Section 6 of this Act each year after the effective date of the ordinance until economic development project costs and all county obligations financing economic development project costs incurred under this Act have been paid shall be divided as follows:
SB2033 Engrossed - 23 - LRB095 18793 HLH 44919 b (1) That portion of taxes levied upon each taxable lot, block, tract or parcel of real property which is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property in the economic development project area shall be allocated to, and when collected, shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of property tax allocation financing.
(2) That portion, if any, of such taxes which is attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract or parcel of real property in the economic development project area over and above the initial equalized assessed value of each property in the economic development project area shall be allocated to and when collected shall be paid to the county treasurer who shall deposit those taxes into a special fund called the special tax allocation fund of the county for the purpose of paying economic development project costs and obligations incurred in the payment thereof.
(g) After a county has by ordinance approved an economic development plan and established an economic development project area, the plan may be amended and the boundaries of the area may be altered only as herein provided.
Amendments which SB2033 Engrossed - 24 - LRB095 18793 HLH 44919 b (1) alter the exterior boundaries of an economic development project area, (2) substantially affect the general land uses established pursuant to the economic development plan, (3) substantially change the nature of the economic development plan, (4) change the general description of any proposed developer, user, or tenant of any property to be located or improved within the economic development project area, or (5) change the description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved shall be made only after review by a joint review board, notice and hearing pursuant to the procedures set forth in this Section.
Amendments which do not (1) alter the exterior boundaries of an economic development project area, (2) substantially affect the general land uses established in the economic development plan, (3) substantially change the nature of the economic development plan, (4) change the description of any proposed developer, user, or tenant of any property to be located or improved within the economic development project area, or (5) change the description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved within the economic development project area may be made without further hearing or notice, provided that the county shall give notice of any amendment by mail to the Department and to each taxing district and by publication in a newspaper or newspapers of general circulation within the SB2033 Engrossed - 25 - LRB095 18793 HLH 44919 b affected taxing districts.
Such notices by mail and by publication shall each occur not later than 10 days following the adoption by ordinance of such amendments.
(h) After the adoption of an ordinance adopting property tax allocation financing for an economic development project area, the county shall annually report to each taxing district having taxable property within such economic development project area (i) any increase or decrease in the equalized assessed value of the real property located within such economic development project area above or below the initial equalized assessed value of such real property, (ii) that portion, if any, of the ad valorem taxes arising from the levies upon taxable real property in such economic development project area by the taxing districts which is attributable to the increase in the current equalized assessed valuation of each lot, block, tract or parcel of real property in the economic development project area over and above the initial equalized value of each property and which has been allocated to the county in the current year, and (iii) such other information as the county may deem relevant.
(i) The county shall give notice by mail as provided in this Section and shall reconvene the joint review board not less than annually for each of the 2 years following its adoption of an ordinance adopting property tax allocation financing for an economic development project area and not less than once in each 3-year period thereafter.
The county shall SB2033 Engrossed - 26 - LRB095 18793 HLH 44919 b provide such information, and may provide administrative support and facilities as the joint review board may reasonably require for each of such meetings.
94-675, eff.
93-959, eff.
8-23-05.) Section 99.
8-20-04;
94-259, eff.
1-1-06.) (55 ILCS 85/5) (from Ch.
34, par.
7005) Sec.
5.
Submission to Department;
certification by Department.
(a) The county shall submit certified copies of any ordinances adopted approving a proposed economic development plan, establishing an economic development project area, and authorizing tax increment allocation financing to the Department, together with (1) a map of the economic development project area, (2) a copy of the economic development plan as approved, (3) an analysis, and any supporting documents and statistics, demonstrating (i) that the economic development project is reasonably expected to create or retain not less than 500 full-time equivalent jobs and (ii) that private investment in the amount of not less than $25,000,000 for all ordinances adopted by Whiteside County, and in the amount of not less than $10,000,000 for any ordinance adopted by Stephenson County, and in the amount of not less than $15,000,000 for any ordinance adopted by Peoria County is reasonably expected to occur in the economic development project area, (4) an estimate of the economic impact of the economic development plan and the use of property tax SB2033 Engrossed - 27 - LRB095 18793 HLH 44919 b allocation financing upon the revenues of the county and the affected taxing districts, (5) a record of all public hearings held in connection with the establishment of the economic development project area, and (6) such other information as the Department by regulation may require.
(b) Upon receipt of an application from a county the Department shall review the application to determine whether the economic development project area qualifies as an economic development project area under this Act.
At its discretion, the Department may accept or reject the application or may request such additional information as it deems necessary or advisable to aid its review.
If any such area is found to be qualified to be an economic development project area, the Department shall approve and certify such economic development project area and shall provide written notice of its approval and certification to the county and to the county clerk.
In determining whether an economic development project area shall be approved and certified, the Department shall consider (1) whether, without public intervention, the State would suffer substantial economic dislocation, such as relocation of a commercial business or industrial or manufacturing facility to another state, territory or country, or would not otherwise benefit from private investment offering substantial employment opportunities and economic growth, and (2) the impact on the revenues of the county and the affected taxing districts of the use of tax increment allocation financing in connection with SB2033 Engrossed - 28 - LRB095 18793 HLH 44919 b the economic development project.
(c) On or before July 1, 2007, the Department shall submit to the General Assembly a report detailing the number of economic development project areas it has approved and certified, the number and type of jobs created or retained therein, the aggregate amount of private investment therein, the impact in the revenues of counties and affected taxing districts of the use of property tax allocation financing therein, and such additional information as the Department may determine to be relevant.
On July 1, 2009 2008 the authority granted hereunder to counties to establish economic development project areas and to adopt property tax allocation financing in connection therewith and to the Department to approve and certify economic development project areas shall expire unless the General Assembly shall have authorized counties and the Department to continue to exercise the powers granted to them under this Act.
(Source:
P.A.
92-791, eff.
8-6-02;
93-959, eff.
8-20-04.) Section 99.
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Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  3. Placed on Calendar Order of Concurrence House Amendment(s) 01,04-May 31, 2008

  4. Secretary's Desk - Concurrence House Amendment(s) 01,04

  5. House Floor Amendment No. 3 Tabled Pursuant to Rule 40(a)

  6. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  7. Third Reading - Short Debate - Passed 073-041-000

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. House Floor Amendment No. 4 Adopted by Voice Vote

  10. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000

  11. House Floor Amendment No. 4 Referred to Rules Committee

  12. House Floor Amendment No. 4 Filed with Clerk by Rep. David R. Leitch

  13. House Floor Amendment No. 3 Referred to Rules Committee

  14. House Floor Amendment No. 3 Filed with Clerk by Rep. David R. Leitch

  15. Final Action Deadline Extended-9(b) May 31, 2008

  16. House Floor Amendment No. 2 Referred to Rules Committee

  17. House Floor Amendment No. 2 Filed with Clerk by Rep. David R. Leitch

  18. Held on Calendar Order of Second Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Local Government Committee; 009-002-000

  22. House Committee Amendment No. 1 Adopted in Local Government Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Local Government Committee

  24. Motion to Suspend Rule 25 - Prevailed

  25. Moved to Suspend Rule 25 Rep. David R. Leitch

  26. Added Alternate Chief Co-Sponsor Rep. Michael K. Smith

  27. Assigned to Local Government Committee

  28. Committee Deadline Extended-Rule 9(b) May 23, 2008

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. David R. Leitch

  32. Placed on Calendar Order of First Reading

  33. Arrived in House

  34. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  35. Third Reading - Passed; 040-016-000

  36. Placed on Calendar Order of 3rd Reading

  37. Senate Floor Amendment No. 3 Adopted; Koehler

  38. Recalled to Second Reading

  39. Senate Floor Amendment No. 3 Recommend Do Adopt Local Government; 009-000-000

  40. Senate Floor Amendment No. 3 Rules Refers to Local Government

  41. Senate Floor Amendment No. 3 Referred to Rules

  42. Senate Floor Amendment No. 3 Filed with Secretary by Sen. David Koehler

  43. Senate Floor Amendment No. 2 Held in Local Government

  44. Senate Floor Amendment No. 2 Rules Refers to Local Government

  45. Senate Floor Amendment No. 2 Referred to Rules

  46. Senate Floor Amendment No. 2 Filed with Secretary by Sen. David Koehler

  47. Placed on Calendar Order of 3rd Reading March 13, 2008

  48. Second Reading

  49. Placed on Calendar Order of 2nd Reading March 5, 2008

  50. Do Pass as Amended Local Government; 008-000-000

  51. Senate Committee Amendment No. 1 Adopted

  52. Senate Committee Amendment No. 1 Rules Refers to Local Government

  53. Senate Committee Amendment No. 1 Referred to Rules

  54. Senate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler

  55. Held in Local Government

  56. Added as Chief Co-Sponsor Sen. Dale E. Risinger

  57. Assigned to Local Government

  58. Referred to Rules

  59. First Reading

  60. Filed with Secretary by Sen. David Koehler

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 9 voted No

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 73 Yea · 41 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 6201
Unaffiliated 663603
Republican 1300
Total 734104
% of votes cast 62%35%0%3%
How each member voted (118)
Member Party Vote
Jefferson — Nay
Krause — Yea
Lang — Yea
Dunkin — Yea
Lindner — Yea
Madigan — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons — Yea
Mendoza — Yea
Moffitt — Yea
Myers — Yea
Nekritz — Yea
Phelps — Yea
Poe — Yea
Bradley, John — Nay
Mitchell, Bill — Nay
Meyer — Nay
Munson — Nay
Pihos — Nay
Hernandez — Nay
Sommer — Nay
Wait — Nay
Watson — Not Voting
Coladipietro — Nay
Cole — Nay
Coulson — Nay
Cultra — Nay
Fortner — Nay
Franks — Nay
Fritchey — Nay
Froehlich — Nay
Gordon — Nay
Hassert — Nay
Jakobsson — Nay
Kosel — Nay
Schock — Yea
McGuire — Yea
Scully — Yea
Bradley, Richard — Yea
Soto — Yea
Brady — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Burke — Yea
Sullivan — Yea
Verschoore — Yea
Hannig — Yea
Harris — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Howard — Yea
Younge — Yea
Davis, Monique — Yea
Colvin — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Dugan — Nay
Dunn — Yea
Durkin — Yea
Eddy — Nay
Flider — Nay
Flowers — Yea
Golar — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jefferies — Yea
Osmond — Nay
Osterman — Not Voting
Patterson — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Ryg — Nay
Sacia — Yea
Saviano — Yea
Schmitz — Nay
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Nay
Berrios — Yea
Mautino — Yea
Biggins — Nay
Black — Yea
Boland — Yea
May — Nay
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Molaro — Yea
Mulligan — Nay
Chapa LaVia — Nay
Fred Crespo Democrat Nay
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Nay
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Nay
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 40 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 331303
Democrat 7200
Republican 0100
Total 401603
% of votes cast 68%27%0%5%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Schoenberg — Yea
Steans — Yea
Sullivan — Yea
Clayborne — Yea
Dillard — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Munoz — Yea
Kotowski — Nay
Lauzen — Nay
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Demuzio — Yea
Noland — Yea
Peterson — Nay
Jones, J. — Nay
Radogno — Nay
Brady — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Forby — Not Voting
Hultgren — Nay
Pankau — Nay
Raoul — Yea
Righter — Nay
Risinger — Yea
Rutherford — Nay
Sandoval — Yea
Silverstein — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
Millner — Not Voting
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Nay
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 2033 do?
Amends the Counties Code. Adds Peoria County to the list of counties that may establish a stormwater management planning committee. Provides that the county board may adopt a schedule of fees to mitigate the effects of stormwater runoff (instead of increased stormwater runoff resulting from new development). Provides that the county board shall provide for a credit or reduction in fees for certain stormwater facilities regardless of whether the developer was required to construct the facility. Provides that developers are exempt from the fees if the new development satisfied onsite retention or detention pursuant to any other local ordinance addressing erosion, sediment, or stormwater control and certain Illinois Environmental Protection Agency regulations at the time of the dedication of public infrastructure. Effective immediately.
Who sponsors SB 2033?
SB 2033 is sponsored by David Koehler (Democrat).
What is the current status of SB 2033?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2033?
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