Bill Text: IL HB2460 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Counties Code. Provides that DuPage County is no longer subject to a Section which allows management and mitigation of the effects of urbanization on stormwater drainage. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2460 Detail]
Download: Illinois-2015-HB2460-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Counties Code is amended by changing Section | |||||||||||||||||||
5 | 5-1062.3 as follows:
| |||||||||||||||||||
6 | (55 ILCS 5/5-1062.3) | |||||||||||||||||||
7 | Sec. 5-1062.3. Stormwater management; DuPage and Peoria | |||||||||||||||||||
8 | County Counties . | |||||||||||||||||||
9 | (a) The purpose of this Section is to allow management and | |||||||||||||||||||
10 | mitigation of the effects of urbanization on stormwater | |||||||||||||||||||
11 | drainage in the metropolitan county counties of DuPage and | |||||||||||||||||||
12 | Peoria, and references to "county" in this Section applies | |||||||||||||||||||
13 | apply only to Peoria County those counties . This Section does | |||||||||||||||||||
14 | not apply to a municipality that only partially lies within | |||||||||||||||||||
15 | Peoria County one of these counties and, on the effective date | |||||||||||||||||||
16 | of this amendatory Act of the 98th General Assembly, is served | |||||||||||||||||||
17 | by an existing Section in the Counties Code regarding | |||||||||||||||||||
18 | stormwater management. The purpose of this Section shall be | |||||||||||||||||||
19 | achieved by: | |||||||||||||||||||
20 | (1) consolidating the existing stormwater management | |||||||||||||||||||
21 | framework into a
united, countywide structure; | |||||||||||||||||||
22 | (2) setting minimum standards for floodplain and | |||||||||||||||||||
23 | stormwater management;
and |
| |||||||
| |||||||
1 | (3) preparing a countywide plan for the management of | ||||||
2 | stormwater runoff,
including the management of natural and | ||||||
3 | man-made drainageways. The countywide
plan may incorporate | ||||||
4 | watershed plans. | ||||||
5 | (b) A stormwater management planning committee may be | ||||||
6 | established : | ||||||
7 | (1) by county board resolution, with its membership | ||||||
8 | consisting of equal numbers of county board and municipal | ||||||
9 | representatives from each county board district, and such | ||||||
10 | other members as may be determined by the county and | ||||||
11 | municipal members ; or . If the county has more than 6 county | ||||||
12 | board districts, however, the | ||||||
13 | (2) by county board may by ordinance dividing divide | ||||||
14 | the county into not less than 6 areas of approximately | ||||||
15 | equal population , to be used instead of county board | ||||||
16 | districts for the purpose of determining representation on | ||||||
17 | the stormwater management planning committee. | ||||||
18 | The county board members shall be appointed by the chairman | ||||||
19 | of the county board. Municipal members from each county board | ||||||
20 | district or other represented area shall be appointed by a | ||||||
21 | majority vote of the mayors of those municipalities that have | ||||||
22 | the greatest percentage of their respective populations | ||||||
23 | residing in that county board district or other represented | ||||||
24 | area. All municipal and county board representatives shall be | ||||||
25 | entitled to a vote; the other members shall be nonvoting | ||||||
26 | members, unless authorized to vote by the unanimous consent of |
| |||||||
| |||||||
1 | the municipal and county board representatives. A municipality | ||||||
2 | that is located in more than one county may choose, at the time | ||||||
3 | of formation of the stormwater management planning committee | ||||||
4 | and based on watershed boundaries, to participate in the | ||||||
5 | stormwater management planning program of either county as long | ||||||
6 | as it is served by an existing Section in the Counties Code | ||||||
7 | regarding stormwater management . Subcommittees of the | ||||||
8 | stormwater management planning committee may be established to | ||||||
9 | serve a portion of the county or a particular drainage basin | ||||||
10 | that has similar stormwater management needs. The stormwater | ||||||
11 | management planning committee shall adopt bylaws, by a majority | ||||||
12 | vote of the county and municipal members, to govern the | ||||||
13 | functions of the committee and its subcommittees. Officers of | ||||||
14 | the committee shall include a chair and vice chair, one of whom | ||||||
15 | shall be a county representative and one a municipal | ||||||
16 | representative. | ||||||
17 | The principal duties of the committee shall be to develop a | ||||||
18 | stormwater management plan for presentation to and approval by | ||||||
19 | the county board, and to direct the plan's implementation and | ||||||
20 | revision. The committee may retain engineering, legal, and | ||||||
21 | financial advisors and inspection personnel. The committee | ||||||
22 | shall meet at least quarterly and shall hold at least one | ||||||
23 | public meeting during the preparation of the plan and prior to | ||||||
24 | its submittal to the county board. The committee may make | ||||||
25 | grants to units of local government that have adopted an | ||||||
26 | ordinance requiring actions consistent with the stormwater |
| |||||||
| |||||||
1 | management plan and to landowners for the purposes of | ||||||
2 | stormwater management, including special projects; use of the | ||||||
3 | grant money must be consistent with the stormwater management | ||||||
4 | plan. | ||||||
5 | The committee shall not have or exercise any power of | ||||||
6 | eminent domain. | ||||||
7 | (c) In the preparation of a stormwater management plan, a | ||||||
8 | county stormwater management planning committee shall | ||||||
9 | coordinate the planning process with each adjoining county to | ||||||
10 | ensure that recommended stormwater projects will have no | ||||||
11 | significant impact on the levels or flows of stormwaters in | ||||||
12 | inter-county watersheds or on the capacity of existing and | ||||||
13 | planned stormwater retention facilities. An adopted stormwater | ||||||
14 | management plan shall identify steps taken by the county to | ||||||
15 | coordinate the development of plan recommendations with | ||||||
16 | adjoining counties. | ||||||
17 | (d) The stormwater management committee may not enforce any | ||||||
18 | rules or regulations that would interfere with (i) any power | ||||||
19 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
20 | operate, construct, maintain, or improve drainage systems or | ||||||
21 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
22 | systems used on or by land or a facility used for production | ||||||
23 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
24 | 105/), except newly constructed buildings and newly installed | ||||||
25 | impervious paved surfaces. Disputes regarding an exception | ||||||
26 | shall be determined by a mutually agreed upon arbitrator paid |
| |||||||
| |||||||
1 | by the disputing party or parties. | ||||||
2 | (e) Before the stormwater management planning committee | ||||||
3 | recommends to the county board a stormwater management plan for | ||||||
4 | the county or a portion thereof, it shall submit the plan to | ||||||
5 | the Office of Water Resources of the Department of Natural | ||||||
6 | Resources for review and recommendations. The Office, in | ||||||
7 | reviewing the plan, shall consider such factors as impacts on | ||||||
8 | the levels or flows in rivers and streams and the cumulative | ||||||
9 | effects of stormwater discharges on flood levels. The Office of | ||||||
10 | Water Resources shall determine whether the plan or ordinances | ||||||
11 | enacted to implement the plan complies with the requirements of | ||||||
12 | subsection (f). Within a period not to exceed 60 days, the | ||||||
13 | review comments and recommendations shall be submitted to the | ||||||
14 | stormwater management planning committee for consideration. | ||||||
15 | Any amendments to the plan shall be submitted to the Office for | ||||||
16 | review. | ||||||
17 | (f) Prior to recommending the plan to the county board, the | ||||||
18 | stormwater management planning committee shall hold at least | ||||||
19 | one public hearing thereon and shall afford interested persons | ||||||
20 | an opportunity to be heard. The hearing shall be held in the | ||||||
21 | county seat. Notice of the hearing shall be published at least | ||||||
22 | once and no less than 15 days in advance of the hearing in a | ||||||
23 | newspaper of general circulation published in the county. The | ||||||
24 | notice shall state the time and place of the hearing and the | ||||||
25 | place where copies of the proposed plan will be accessible for | ||||||
26 | examination by interested parties. If an affected municipality |
| |||||||
| |||||||
1 | having a stormwater management plan adopted by ordinance wishes | ||||||
2 | to protest the proposed county plan provisions, it shall appear | ||||||
3 | at the hearing and submit in writing specific proposals to the | ||||||
4 | stormwater management planning committee. After consideration | ||||||
5 | of the matters raised at the hearing, the committee may amend | ||||||
6 | or approve the plan and recommend it to the county board for | ||||||
7 | adoption. | ||||||
8 | The county board may enact the proposed plan by ordinance. | ||||||
9 | If the proposals for modification of the plan made by an | ||||||
10 | affected municipality having a stormwater management plan are | ||||||
11 | not included in the proposed county plan, and the municipality | ||||||
12 | affected by the plan opposes adoption of the county plan by | ||||||
13 | resolution of its corporate authorities, approval of the county | ||||||
14 | plan shall require an affirmative vote of at least two-thirds | ||||||
15 | of the county board members present and voting. If the county | ||||||
16 | board wishes to amend the county plan, it shall submit in | ||||||
17 | writing specific proposals to the stormwater management | ||||||
18 | planning committee. If the proposals are not approved by the | ||||||
19 | committee, or are opposed by resolution of the corporate | ||||||
20 | authorities of an affected municipality having a municipal | ||||||
21 | stormwater management plan, amendment of the plan shall require | ||||||
22 | an affirmative vote of at least two-thirds of the county board | ||||||
23 | members present and voting. | ||||||
24 | (g) The county board may prescribe by ordinance reasonable | ||||||
25 | rules and regulations for floodplain management and for | ||||||
26 | governing the location, width, course, and release rate of all |
| |||||||
| |||||||
1 | stormwater runoff channels, streams, and basins in the county, | ||||||
2 | in accordance with the adopted stormwater management plan. | ||||||
3 | Land, facilities, and drainage district facilities used for | ||||||
4 | production agriculture as defined in subsection (d) shall not | ||||||
5 | be subjected to regulation by the county board or stormwater | ||||||
6 | management committee under this Section for floodplain | ||||||
7 | management and for governing location, width, course, | ||||||
8 | maintenance, and release rate of stormwater runoff channels, | ||||||
9 | streams and basins, or water discharged from a drainage | ||||||
10 | district. These rules and regulations shall, at a minimum, meet | ||||||
11 | the standards for floodplain management established by the | ||||||
12 | Office of Water Resources and the requirements of the Federal | ||||||
13 | Emergency Management Agency for participation in the National | ||||||
14 | Flood Insurance Program. With respect to DuPage County only, | ||||||
15 | the Chicago Metropolitan Agency for Planning may not impose | ||||||
16 | more stringent regulations regarding water quality on entities | ||||||
17 | discharging in accordance with a valid National Pollution | ||||||
18 | Discharge Elimination System permit issued under the | ||||||
19 | Environmental Protection Act. | ||||||
20 | (h) For the purpose of implementing this Section and for | ||||||
21 | the development, design, planning, construction, operation, | ||||||
22 | and maintenance of stormwater facilities provided for in the | ||||||
23 | adopted stormwater management plan, a county board that has | ||||||
24 | established a stormwater management planning committee | ||||||
25 | pursuant to this Section or has participated in a stormwater | ||||||
26 | management planning process may adopt a schedule of fees |
| |||||||
| |||||||
1 | applicable to all real property within the county which | ||||||
2 | benefits from the county's stormwater management facilities | ||||||
3 | and activities, and as may be necessary to mitigate the effects | ||||||
4 | of increased stormwater runoff resulting from development. The | ||||||
5 | total amount of the fees assessed must be specifically and | ||||||
6 | uniquely attributable to the actual costs of the county in the | ||||||
7 | preparation, administration, and implementation of the adopted | ||||||
8 | stormwater management plan, construction and maintenance of | ||||||
9 | stormwater facilities, and other activities related to the | ||||||
10 | management of the runoff from the property. The individual fees | ||||||
11 | must be specifically and uniquely attributable to the portion | ||||||
12 | of the actual cost to the county of managing the runoff from | ||||||
13 | the property. The fees shall be used to finance activities | ||||||
14 | undertaken by the county or its included municipalities to | ||||||
15 | mitigate the effects of urban stormwater runoff by providing | ||||||
16 | and maintaining stormwater collection, retention, detention, | ||||||
17 | and particulate treatment facilities, and improving water | ||||||
18 | bodies impacted by stormwater runoff, as identified in the | ||||||
19 | county plan. In establishing, maintaining, or replacing such | ||||||
20 | facilities, the county shall not duplicate facilities operated | ||||||
21 | by other governmental bodies within its corporate boundaries. | ||||||
22 | The schedule of fees established by the county board shall | ||||||
23 | include a procedure for a full or partial fee waiver for | ||||||
24 | property owners who have taken actions or put in place | ||||||
25 | facilities that reduce or eliminate the cost to the county of | ||||||
26 | providing stormwater management services to their property. |
| |||||||
| |||||||
1 | The county board may also offer tax or fee rebates or incentive | ||||||
2 | payments to property owners who construct, maintain, and use | ||||||
3 | approved green infrastructure stormwater management devices or | ||||||
4 | any other methods that reduce or eliminate the cost to the | ||||||
5 | county of providing stormwater management services to the | ||||||
6 | property, including but not limited to facilities that reduce | ||||||
7 | the volume, temperature, velocity, and pollutant load of the | ||||||
8 | stormwater managed by the county, such as systems that | ||||||
9 | infiltrate, evapotranspirate, or harvest stormwater for reuse, | ||||||
10 | known as "green infrastructure". In exercising this authority, | ||||||
11 | the county shall provide notice to the municipalities within | ||||||
12 | its jurisdiction of any fees proposed under this Section and | ||||||
13 | seek the input of each municipality with respect to the | ||||||
14 | calculation of the fees. The county shall also give property | ||||||
15 | owners at least 2 years' notice of the fee, during which time | ||||||
16 | the county shall provide education on green infrastructure | ||||||
17 | practices and an opportunity to take action to reduce or | ||||||
18 | eliminate the fee. All these fees collected by the county shall | ||||||
19 | be held in a separate fund, and shall be expended only in the | ||||||
20 | watershed within which they were collected. The county may | ||||||
21 | enter into intergovernmental agreements with other government | ||||||
22 | bodies for the joint administration of stormwater management | ||||||
23 | and the collection of the fees authorized in this Section. | ||||||
24 | A fee schedule authorized by this subsection must have the | ||||||
25 | same limit as the authorized stormwater tax. The In Peoria | ||||||
26 | County only, the fee schedule shall not be adopted unless (i) a |
| |||||||
| |||||||
1 | referendum has been passed approving a stormwater tax as | ||||||
2 | provided in subsection (i) of this Section; or (ii) the | ||||||
3 | question of the adoption of a fee schedule with the same limit | ||||||
4 | as the authorized stormwater tax has been approved in a | ||||||
5 | referendum by a majority of those voting on the question. | ||||||
6 | (i) In the alternative to a fee imposed under subsection | ||||||
7 | (h), the county board may cause an annual tax of not to exceed | ||||||
8 | 0.20% of the value, as equalized or assessed by the Department | ||||||
9 | of Revenue, of all taxable property in the county to be levied | ||||||
10 | upon all the taxable property in the county. The property tax | ||||||
11 | shall be in addition to all other taxes authorized by law to be | ||||||
12 | levied and collected in the county and shall be in addition to | ||||||
13 | the maximum tax rate authorized by law for general county | ||||||
14 | purposes. The 0.20% limitation provided in this Section may be | ||||||
15 | increased or decreased by referendum in accordance with the | ||||||
16 | provisions of Sections 18-120, 18-125, and 18-130 of the | ||||||
17 | Property Tax Code (35 ILCS 200/). | ||||||
18 | Any revenues generated as a result of ownership or | ||||||
19 | operation of facilities or land acquired with the tax funds | ||||||
20 | collected pursuant to this subsection shall be held in a | ||||||
21 | separate fund and be used either to abate such property tax or | ||||||
22 | for implementing this Section. | ||||||
23 | If at least part of the county has been declared by a | ||||||
24 | presidential proclamation after July 1, 1986 and before | ||||||
25 | December 31, 1987, to be a disaster area as a result of | ||||||
26 | flooding, the tax authorized by this subsection does not |
| |||||||
| |||||||
1 | require approval by referendum. However, in Peoria County, the | ||||||
2 | tax authorized by this subsection shall not be levied until the | ||||||
3 | question of its adoption, either for a specified period or | ||||||
4 | indefinitely, has been submitted to the electors thereof and | ||||||
5 | approved by a majority of those voting on the question. This | ||||||
6 | question may be submitted at any election held in the county | ||||||
7 | after the adoption of a resolution by the county board | ||||||
8 | providing for the submission of the question to the electors of | ||||||
9 | the county. The county board shall certify the resolution and | ||||||
10 | proposition to the proper election officials, who shall submit | ||||||
11 | the proposition at an election in accordance with the general | ||||||
12 | election law. If a majority of the votes cast on the question | ||||||
13 | is in favor of the levy of the tax, it may thereafter be levied | ||||||
14 | in the county for the specified period or indefinitely, as | ||||||
15 | provided in the proposition. The question shall be put in | ||||||
16 | substantially the following form: | ||||||
17 | Shall an annual tax be levied
for stormwater management | ||||||
18 | purposes (for a period of not more than ..... years) at a | ||||||
19 | rate not exceeding
.....% of the equalized assessed
value | ||||||
20 | of the taxable property of Peoria ..... County? | ||||||
21 | Votes shall be recorded as Yes or No. | ||||||
22 | The following question may be submitted at any election | ||||||
23 | held in the county after the adoption of a resolution by the | ||||||
24 | county board providing for the submission of the question to | ||||||
25 | the electors of the county to authorize adoption of a schedule | ||||||
26 | of fees applicable to all real property within the county: |
| |||||||
| |||||||
1 | Shall the county board be authorized to adopt a | ||||||
2 | schedule of fees, at a rate not exceeding that of the | ||||||
3 | stormwater management tax, applicable to all real property | ||||||
4 | for preparation, administration, and implementation of an | ||||||
5 | adopted stormwater management plan, construction and | ||||||
6 | maintenance of related facilities, and management of the | ||||||
7 | runoff from the property? | ||||||
8 | Votes shall be recorded as Yes or No. | ||||||
9 | If these questions have been approved by a majority of | ||||||
10 | those voting prior to the effective date of this amendatory Act | ||||||
11 | of the 98th General Assembly, this subsection does not apply. | ||||||
12 | (j) If a county adopts For those counties that adopt a | ||||||
13 | property tax in accordance with the provisions in this Section, | ||||||
14 | the stormwater management committee shall offer property tax | ||||||
15 | abatements or incentive payments to property owners who | ||||||
16 | construct, maintain, and use approved stormwater management | ||||||
17 | devices. The stormwater management committee is authorized to | ||||||
18 | offer credits to the property tax, if applicable, based on | ||||||
19 | authorized practices consistent with the stormwater management | ||||||
20 | plan and approved by the committee. Expenses of staff of a | ||||||
21 | stormwater management committee that are expended on | ||||||
22 | regulatory project review may be no more than 20% of the annual | ||||||
23 | budget of the committee, including funds raised under | ||||||
24 | subsections (h) and (i). | ||||||
25 | (k) Upon the creation and implementation of a county | ||||||
26 | stormwater management
plan, the county may petition the circuit |
| |||||||
| |||||||
1 | court to dissolve any or all drainage
districts created | ||||||
2 | pursuant to the Illinois Drainage Code or predecessor Acts
| ||||||
3 | which are located entirely within the area of the county | ||||||
4 | covered by the plan. | ||||||
5 | However, any active drainage district implementing a plan | ||||||
6 | that is
consistent with and at least as stringent as the county | ||||||
7 | stormwater
management plan may petition the stormwater | ||||||
8 | management planning committee
for exception from dissolution. | ||||||
9 | Upon filing of the petition, the committee
shall set a date for | ||||||
10 | hearing not less than 2 weeks, nor more than 4 weeks,
from the | ||||||
11 | filing thereof, and the committee shall give at least one | ||||||
12 | week's
notice of the hearing in one or more newspapers of | ||||||
13 | general circulation
within the district, and in addition shall | ||||||
14 | cause a copy of the notice to be
personally served upon each of | ||||||
15 | the trustees of the district. At the
hearing, the committee | ||||||
16 | shall hear the district's petition and allow the
district | ||||||
17 | trustees and any interested parties an opportunity to present | ||||||
18 | oral
and written evidence. The committee shall render its | ||||||
19 | decision upon the
petition for exception from dissolution based | ||||||
20 | upon the best interests of
the residents of the district. In | ||||||
21 | the event that the exception is not
allowed, the district may | ||||||
22 | file a petition within 30 days of the decision
with the circuit | ||||||
23 | court. In that case, the notice and hearing requirements
for | ||||||
24 | the court shall be the same as herein provided for the | ||||||
25 | committee.
The court shall likewise render its decision of | ||||||
26 | whether to dissolve the
district based upon the best interests |
| |||||||
| |||||||
1 | of residents of the district. | ||||||
2 | The dissolution of any drainage district shall not affect | ||||||
3 | the obligation
of any bonds issued or contracts entered into by | ||||||
4 | the district nor
invalidate the levy, extension or collection | ||||||
5 | of any taxes or special
assessments upon the property in the | ||||||
6 | former drainage district. All property
and obligations of the | ||||||
7 | former drainage district shall be assumed and
managed by the | ||||||
8 | county, and the debts of the former drainage district shall
be | ||||||
9 | discharged as soon as practicable. | ||||||
10 | If a drainage district lies only partly within a county | ||||||
11 | that adopts a
county stormwater management plan, the county may | ||||||
12 | petition the circuit
court to disconnect from the drainage | ||||||
13 | district that portion of the district
that lies within that | ||||||
14 | county. The property of the drainage district within the
| ||||||
15 | disconnected area shall be assumed and managed by the county. | ||||||
16 | The county shall
also assume a portion of the drainage | ||||||
17 | district's debt at the time of
disconnection, based on the | ||||||
18 | portion of the value of the taxable property of the
drainage | ||||||
19 | district which is located within the area being disconnected. | ||||||
20 | The operations of any drainage district that continues to | ||||||
21 | exist in a
county that has adopted a stormwater management plan | ||||||
22 | in accordance with
this Section shall be in accordance with the | ||||||
23 | adopted plan. | ||||||
24 | (l) A Any county that has adopted a county stormwater | ||||||
25 | management plan under this Section may, after 10 days days' | ||||||
26 | written notice receiving consent of the owner or occupant, |
| |||||||
| |||||||
1 | enter upon any lands or waters within the county for the | ||||||
2 | purpose of inspecting stormwater facilities or causing the | ||||||
3 | removal of any obstruction to an affected watercourse. If | ||||||
4 | consent is denied or cannot be reasonably obtained, the county | ||||||
5 | ordinance shall provide a process or procedure for an | ||||||
6 | administrative warrant to be obtained. The county shall be | ||||||
7 | responsible for any damages occasioned thereby. | ||||||
8 | (m) Except as otherwise provided in subsection (a) of this | ||||||
9 | Section, upon petition of the municipality, and based on a | ||||||
10 | finding of the stormwater management planning committee, the | ||||||
11 | county shall not enforce rules and regulations adopted by the | ||||||
12 | county in any municipality located wholly or partly within the | ||||||
13 | county that has a municipal stormwater management ordinance | ||||||
14 | that is consistent with and at least as stringent as the county | ||||||
15 | plan and ordinance, and is being enforced by the municipal | ||||||
16 | authorities. On issues that the county ordinance is more | ||||||
17 | stringent as deemed by the committee, the county shall only | ||||||
18 | enforce rules and regulations adopted by the county on the more | ||||||
19 | stringent issues and accept municipal permits. The county shall | ||||||
20 | have no more than 60 days to review permits or the permits | ||||||
21 | shall be deemed approved. | ||||||
22 | (n) A county may issue general obligation bonds for | ||||||
23 | implementing any stormwater plan adopted under this Section in | ||||||
24 | the manner prescribed in Section 5-1012; except that the | ||||||
25 | referendum requirement of Section 5-1012 does not apply to | ||||||
26 | bonds issued pursuant to this Section on which the principal |
| |||||||
| |||||||
1 | and interest are to be paid entirely out of funds generated by | ||||||
2 | the taxes and fees authorized by this Section. | ||||||
3 | (o) A county that has adopted a fee schedule pursuant to | ||||||
4 | this Section may not thereafter issue any bond extensions | ||||||
5 | related to implementing a stormwater management plan. | ||||||
6 | (p) The powers authorized by this Section may be | ||||||
7 | implemented by the county board for a portion of the county | ||||||
8 | subject to similar stormwater management needs. | ||||||
9 | (q) The powers and taxes authorized by this Section are in | ||||||
10 | addition to the powers and taxes authorized by Division 5-15; | ||||||
11 | in exercising its powers under this Section, a county shall not | ||||||
12 | be subject to the restrictions and requirements of that | ||||||
13 | Division. | ||||||
14 | (r) Stormwater management projects and actions related to | ||||||
15 | stormwater management in a county that has adopted a fee | ||||||
16 | schedule or tax pursuant to this Section prior to the effective | ||||||
17 | date of this amendatory Act of the 98th General Assembly are | ||||||
18 | not altered by this amendatory Act of the 98th General | ||||||
19 | Assembly.
| ||||||
20 | (Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|