HB 4545 — STORMWATER MANAGEMENT

*LRB09517331HLH43400b* HB4545 95THEngrossed GENERALLRB095 ASSEMBLY17331 StateHLH of43400 Illinoisb andAN 2008ACT HB4545concerning bylocal Rep.government.

Aaron Schock SYNOPSIS AS INTRODUCED:

ILCS 5/5-1062.2 Amends the Counties Code.

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.

LRB095 17331 HLH 43400 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB4545 LRB095 17331 HLH 43400 b AN ACT concerning local government.

The Counties Code is amended by changingadding Section 5-1062.25-1062.3 as follows:

(55 ILCS 5/5-1062.2)5/5-1062.3 new) Sec.

5-1062.2.5-1062.3.

Stormwater management.management;

(a)Peoria. 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.

Clair,(a) Monroe,The Kankakee,purpose Grundy,of LaSalle,this DeKalb,Section Kendall,is to allow management and Boonemitigation of the effects of urbanization on stormwater drainage in Peoria County and references to "county" in this Section apply only to thosethat counties.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 HB4545 - 2 - LRB095 17331 HLH 43400 b 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 HB4545 Engrossed - 2 - LRB095 17331 HLH 43400 b representatives from each county board district, and such other members as may be determined by the county and municipal members.

IfThe 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.

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 HB4545 - 3 - LRB095 17331 HLH 43400 b counties.

The stormwater management planning committee shall adopt bylaws, by a majority vote of the county and HB4545 Engrossed - 3 - LRB095 17331 HLH 43400 b municipal members, to govern the functions of the committee and its subcommittees.

(c) In the preparation of a stormwater management plan, a HB4545 - 4 - LRB095 17331 HLH 43400 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 HB4545 Engrossed - 4 - LRB095 17331 HLH 43400 b planned stormwater retention facilities.

The Office, in reviewing the plan, shall consider such factors as impacts on HB4545 - 5 - LRB095 17331 HLH 43400 b 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 HB4545 Engrossed - 5 - LRB095 17331 HLH 43400 b review comments and recommendations shall be submitted to the stormwater management planning committee for consideration.

HB4545 - 6 - LRB095 17331 HLH 43400 b 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 HB4545 Engrossed - 6 - LRB095 17331 HLH 43400 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, HB4545 - 7 - LRB095 17331 HLH 43400 b 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 HB4545 Engrossed - 7 - LRB095 17331 HLH 43400 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.

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 HB4545 - 8 - LRB095 17331 HLH 43400 b 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 HB4545 Engrossed - 8 - LRB095 17331 HLH 43400 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 HB4545 - 9 - LRB095 17331 HLH 43400 b Sections 18-120, 18-125, and 18-130 of the Property Tax Code (35 ILCS 200/).

HB4545 Engrossed - 9 - LRB095 17331 HLH 43400 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 .....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? HB4545 - 10 - LRB095 17331 HLH 43400 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:

HB4545 Engrossed - 10 - LRB095 17331 HLH 43400 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?(j) VotesIf the county adopts a property tax in accordance with the provisions in this Section, the stormwater management committee shall beoffer recordedproperty astax Yesabatements or No.incentive payments to property owners who construct, maintain, and use approved stormwater management devices.

(j)If Forthe thosecounty countiesadopts thatuse adoptand aoccupation propertytaxes tax in accordance with the provisions inof this Section, the stormwater management committee shallmay offer property tax abatementsrebates 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 HB4545 - 11 - LRB095 17331 HLH 43400 b under subsections (h) and (i).

(k) AnyIf the county that 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.