Illinois 2025-2026 Regular Session

Illinois House Bill HB3270 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3270 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1062.2 Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management. LRB104 09904 RTM 19974 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3270 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1062.2 55 ILCS 5/5-1062.2 Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management. LRB104 09904 RTM 19974 b LRB104 09904 RTM 19974 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3270 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-1062.2 55 ILCS 5/5-1062.2
4	4	55 ILCS 5/5-1062.2
5	5	Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management.
6	6	LRB104 09904 RTM 19974 b LRB104 09904 RTM 19974 b
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8	8	A BILL FOR
9	9	HB3270LRB104 09904 RTM 19974 b HB3270 LRB104 09904 RTM 19974 b
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11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Counties Code is amended by changing
15	15	5 Section 5-1062.2 as follows:
16	16	6 (55 ILCS 5/5-1062.2)
17	17	7 Sec. 5-1062.2. Stormwater management.
18	18	8 (a) The purpose of this Section is to allow management and
19	19	9 mitigation of the effects of urbanization on stormwater
20	20	10 drainage in all counties not otherwise covered in Section
21	21	11 5-1062, 5-1062.1, or 5-1062.3 the metropolitan counties of
22	22	12 Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb,
23	23	13 Kendall, and Boone as well as all counties containing all or a
24	24	14 part of an urbanized area and references to "county" in this
25	25	15 Section apply only to those counties. This Section does not
26	26	16 apply to counties in the Chicago Metropolitan Agency for
27	27	17 Planning that are granted authorities in Section 5-1062. The
28	28	18 purpose of this Section shall be achieved by:
29	29	19 (1) Consolidating the existing stormwater management
30	30	20 framework into a united, countywide structure.
31	31	21 (2) Setting minimum standards for floodplain and
32	32	22 stormwater management with an emphasis on the use of
33	33	23 cost-effective solutions to flooding problems.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3270 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/5-1062.2 55 ILCS 5/5-1062.2
39	39	55 ILCS 5/5-1062.2
40	40	Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management.
41	41	LRB104 09904 RTM 19974 b LRB104 09904 RTM 19974 b
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43	43	A BILL FOR
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68	68	1 (3) Preparing a countywide plan for the management of
69	69	2 stormwater runoff, including the management of natural and
70	70	3 man-made drainageways. The countywide plan may incorporate
71	71	4 watershed plans and shall evaluate and address flooding
72	72	5 problems that exist in urbanized areas that are a result
73	73	6 of urban flooding.
74	74	7 (a-5) This Section also applies to all counties not
75	75	8 otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
76	76	9 the question of allowing the county board to establish a
77	77	10 stormwater management planning council has been submitted to
78	78	11 the electors of the county and approved by a majority of those
79	79	12 voting on the question.
80	80	13 (b) A stormwater management planning committee may be
81	81	14 established by county board resolution, with its membership
82	82	15 consisting of equal numbers of county board and municipal
83	83	16 representatives from each county board district, one member
84	84	17 representing drainage districts, and one member representing
85	85	18 soil and water conservation districts and such other members
86	86	19 as may be determined by the stormwater management planning
87	87	20 committee members. If the county has more than 6 county board
88	88	21 districts, however, the county board may by ordinance divide
89	89	22 the county into not less than 6 areas of approximately equal
90	90	23 population, to be used instead of county board districts for
91	91	24 the purpose of determining representation on the stormwater
92	92	25 management planning committee.
93	93	26 The county board members shall be appointed by the
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104	104	1 chairman of the county board. Municipal members from each
105	105	2 county board district or other represented area shall be
106	106	3 appointed by a majority vote of the mayors of those
107	107	4 municipalities that have the greatest percentage of their
108	108	5 respective populations residing in that county board district
109	109	6 or other represented area. The member representing drainage
110	110	7 districts shall be appointed by the drainage district
111	111	8 chairperson or by a majority vote of all drainage district
112	112	9 chairpersons in the county if more than one drainage district
113	113	10 exists in the county. The member representing soil and water
114	114	11 conservation districts shall be appointed by a majority vote
115	115	12 of the soil and water conservation district board or by a
116	116	13 majority vote of all soil and water conservation district
117	117	14 boards in the county if more than one soil and water
118	118	15 conservation district board exists in the county. All
119	119	16 municipal, county board, drainage district, and soil and water
120	120	17 conservation district representatives shall be entitled to a
121	121	18 vote; the other members shall be nonvoting members, unless
122	122	19 authorized to vote by the unanimous consent of the voting
123	123	20 members of the committee; however, Madison, St. Clair, Monroe,
124	124	21 Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone counties
125	125	22 are not required to have a drainage district or a soil and
126	126	23 water conservation representative. A municipality that is
127	127	24 located in more than one county may choose, at the time of
128	128	25 formation of the stormwater management planning committee and
129	129	26 based on watershed boundaries, to participate in the
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140	140	1 stormwater management planning program of either or both of
141	141	2 the counties. Subcommittees of the stormwater management
142	142	3 planning committee may be established to serve a portion of
143	143	4 the county or a particular drainage basin that has similar
144	144	5 stormwater management needs. The stormwater management
145	145	6 planning committee shall adopt bylaws, by a majority vote of
146	146	7 the county and municipal members, to govern the functions of
147	147	8 the committee and its subcommittees. Officers of the committee
148	148	9 shall include a chair and vice chair, one of whom shall be a
149	149	10 county representative and one a municipal representative.
150	150	11 The principal duties of the committee shall be to develop
151	151	12 a stormwater management plan for presentation to and approval
152	152	13 by the county board, and to direct the plan's implementation
153	153	14 and revision. The committee may retain engineering, legal, and
154	154	15 financial advisors and inspection personnel. The committee
155	155	16 shall meet at least quarterly and shall hold at least one
156	156	17 public meeting during the preparation of the plan and prior to
157	157	18 its submittal to the county board. The committee may make
158	158	19 grants to: (1) units of local government; (2) not-for-profit
159	159	20 organizations; and (3) landowners. In order for a municipality
160	160	21 located partially or wholly within a mapped floodplain to
161	161	22 receive grant moneys, the municipality must be a member in the
162	162	23 Federal Emergency Management Agency's National Flood Insurance
163	163	24 Program. A municipality receiving grant moneys must have
164	164	25 adopted an ordinance requiring actions consistent with the
165	165	26 stormwater management plan. Use of the grant money must be
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176	176	1 consistent with the stormwater management plan.
177	177	2 The committee shall not have or exercise any power of
178	178	3 eminent domain.
179	179	4 (c) In the preparation of a stormwater management plan, a
180	180	5 county stormwater management planning committee shall
181	181	6 coordinate the planning process with each adjoining county to
182	182	7 ensure that recommended stormwater projects will have no
183	183	8 significant impact on the levels or flows of stormwaters in
184	184	9 inter-county watersheds or on the capacity of existing and
185	185	10 planned stormwater retention facilities. An adopted stormwater
186	186	11 management plan shall identify steps taken by the county to
187	187	12 coordinate the development of plan recommendations with
188	188	13 adjoining counties.
189	189	14 (d) The stormwater management committee may not enforce
190	190	15 any rules or regulations that would interfere with (i) any
191	191	16 power granted by the Illinois Drainage Code (70 ILCS 605/) to
192	192	17 operate, construct, maintain, or improve drainage systems or
193	193	18 (ii) the ability to operate, maintain, or improve the drainage
194	194	19 systems used on or by land or a facility used for production
195	195	20 agriculture purposes, as defined in the Use Tax Act (35 ILCS
196	196	21 105/), except newly constructed buildings and newly installed
197	197	22 impervious paved surfaces. Disputes regarding an exception
198	198	23 shall be determined by a mutually agreed upon arbitrator paid
199	199	24 by the disputing party or parties.
200	200	25 (e) Before the stormwater management planning committee
201	201	26 recommends to the county board a stormwater management plan
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212	212	1 for the county or a portion thereof, it shall submit the plan
213	213	2 to the Office of Water Resources of the Department of Natural
214	214	3 Resources for review and recommendations. The Office, in
215	215	4 reviewing the plan, shall consider such factors as impacts on
216	216	5 the levels or flows in rivers and streams and the cumulative
217	217	6 effects of stormwater discharges on flood levels. The Office
218	218	7 of Water Resources shall determine whether the plan or
219	219	8 ordinances enacted to implement the plan complies with the
220	220	9 requirements of subsection (f). Within a period not to exceed
221	221	10 60 days, the review comments and recommendations shall be
222	222	11 submitted to the stormwater management planning committee for
223	223	12 consideration. Any amendments to the plan shall be submitted
224	224	13 to the Office for review.
225	225	14 (f) Prior to recommending the plan to the county board,
226	226	15 the stormwater management planning committee shall hold at
227	227	16 least one public hearing thereon and shall afford interested
228	228	17 persons an opportunity to be heard. The hearing shall be held
229	229	18 in the county seat. Notice of the hearing shall be published at
230	230	19 least once no less than 15 days in advance of the hearing in a
231	231	20 newspaper of general circulation published in the county. The
232	232	21 notice shall state the time and place of the hearing and the
233	233	22 place where copies of the proposed plan will be accessible for
234	234	23 examination by interested parties. If an affected municipality
235	235	24 having a stormwater management plan adopted by ordinance
236	236	25 wishes to protest the proposed county plan provisions, it
237	237	26 shall appear at the hearing and submit in writing specific
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248	248	1 proposals to the stormwater management planning committee.
249	249	2 After consideration of the matters raised at the hearing, the
250	250	3 committee may amend or approve the plan and recommend it to the
251	251	4 county board for adoption.
252	252	5 The county board may enact the proposed plan by ordinance.
253	253	6 If the proposals for modification of the plan made by an
254	254	7 affected municipality having a stormwater management plan are
255	255	8 not included in the proposed county plan, and the municipality
256	256	9 affected by the plan opposes adoption of the county plan by
257	257	10 resolution of its corporate authorities, approval of the
258	258	11 county plan shall require an affirmative vote of at least
259	259	12 two-thirds of the county board members present and voting. If
260	260	13 the county board wishes to amend the county plan, it shall
261	261	14 submit in writing specific proposals to the stormwater
262	262	15 management planning committee. If the proposals are not
263	263	16 approved by the committee, or are opposed by resolution of the
264	264	17 corporate authorities of an affected municipality having a
265	265	18 municipal stormwater management plan, amendment of the plan
266	266	19 shall require an affirmative vote of at least two-thirds of
267	267	20 the county board members present and voting.
268	268	21 (g) The county board may prescribe by ordinance reasonable
269	269	22 rules and regulations for floodplain or stormwater management
270	270	23 and for governing the location, width, course, and release
271	271	24 rate of all stormwater runoff channels, streams, and basins in
272	272	25 the county, in accordance with the adopted stormwater
273	273	26 management plan. Land, facilities, and drainage district
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284	284	1 facilities used for production agriculture as defined in
285	285	2 subsection (d) shall not be subjected to regulation by the
286	286	3 county board or stormwater management committee under this
287	287	4 Section for floodplain management and for governing location,
288	288	5 width, course, maintenance, and release rate of stormwater
289	289	6 runoff channels, streams and basins, or water discharged from
290	290	7 a drainage district. These rules and regulations shall, at a
291	291	8 minimum, meet the standards for floodplain management
292	292	9 established by the Office of Water Resources and the
293	293	10 requirements of the Federal Emergency Management Agency for
294	294	11 participation in the National Flood Insurance Program. The
295	295	12 Commission may not impose more stringent regulations regarding
296	296	13 water quality on entities discharging in accordance with a
297	297	14 valid National Pollution Discharge Elimination System permit
298	298	15 issued under the Environmental Protection Act.
299	299	16 (h) In accordance with, and if recommended in, the adopted
300	300	17 stormwater management plan, the county board may adopt a
301	301	18 schedule of reasonable fees as may be necessary to mitigate
302	302	19 the effects of increased stormwater runoff resulting from new
303	303	20 development based on actual costs. The fees shall not exceed
304	304	21 the cost of satisfying the onsite stormwater retention or
305	305	22 detention requirements of the adopted stormwater management
306	306	23 plan. The fees shall be used to finance activities undertaken
307	307	24 by the county or its included municipalities to mitigate the
308	308	25 effects of urban stormwater runoff by providing regional
309	309	26 stormwater retention or detention facilities, as identified in
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320	320	1 the county plan. The county board shall provide for a credit or
321	321	2 reduction in fees for any onsite retention, detention,
322	322	3 drainage district assessments, or other similar stormwater
323	323	4 facility that the developer is required to construct
324	324	5 consistent with the stormwater management ordinance. All these
325	325	6 fees collected by the county shall be held in a separate fund,
326	326	7 and shall be expended only in the watershed within which they
327	327	8 were collected.
328	328	9 (i) For the purpose of implementing this Section and for
329	329	10 the development, design, planning, construction, operation,
330	330	11 and maintenance of stormwater facilities provided for in the
331	331	12 stormwater management plan, a county board that has
332	332	13 established a stormwater management planning committee
333	333	14 pursuant to this Section may cause an annual tax of not to
334	334	15 exceed 0.20% of the value, as equalized or assessed by the
335	335	16 Department of Revenue, of all taxable property in the county
336	336	17 to be levied upon all the taxable property in the county or
337	337	18 occupation and use taxes of 1/10 of one cent. The property tax
338	338	19 shall be in addition to all other taxes authorized by law to be
339	339	20 levied and collected in the county and shall be in addition to
340	340	21 the maximum tax rate authorized by law for general county
341	341	22 purposes. The 0.20% limitation provided in this Section may be
342	342	23 increased or decreased by referendum at a general election in
343	343	24 accordance with the provisions of Sections 18-120, 18-125, and
344	344	25 18-130 of the Property Tax Code (35 ILCS 200/).
345	345	26 Any revenues generated as a result of ownership or
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356	356	1 operation of facilities or land acquired with the tax funds
357	357	2 collected pursuant to this subsection shall be held in a
358	358	3 separate fund and be used either to abate such property tax or
359	359	4 for implementing this Section.
360	360	5 However, the tax authorized by this subsection shall not
361	361	6 be levied until the question of its adoption, either for a
362	362	7 specified period or indefinitely, has been submitted to the
363	363	8 electors thereof and approved by a majority of those voting on
364	364	9 the question. This question may be submitted at any general
365	365	10 election held in the county after the adoption of a resolution
366	366	11 by the county board providing for the submission of the
367	367	12 question to the electors of the county. The county board shall
368	368	13 certify the resolution and proposition to the proper election
369	369	14 officials, who shall submit the proposition at an election in
370	370	15 accordance with the general election law. If a majority of the
371	371	16 votes cast on the question is in favor of the levy of the tax,
372	372	17 it may thereafter be levied in the county for the specified
373	373	18 period or indefinitely, as provided in the proposition. The
374	374	19 question shall be put in substantially the following form:
375	375	20 Shall an annual tax be levied for stormwater
376	376	21 management purposes (for a period of not more than .....
377	377	22 years) at a rate not exceeding .....% of the equalized
378	378	23 assessed value of the taxable property of ..... County?
379	379	24 Or this question may be submitted at any general election held
380	380	25 in the county after the adoption of a resolution by the county
381	381	26 board providing for the submission of the question to the
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392	392	1 electors of the county to authorize use and occupation taxes
393	393	2 of 1/10 of one cent:
394	394	3 Shall use and occupation taxes be raised for
395	395	4 stormwater management purposes (for a period of not more
396	396	5 than ..... years) at a rate of 1/10 of one cent for taxable
397	397	6 goods in ..... County?
398	398	7 Votes shall be recorded as Yes or No.
399	399	8 (i-5) Before a county that establishes a stormwater
400	400	9 management planning council after submission of the question
401	401	10 to the electors of the county pursuant to subsection (a-5) may
402	402	11 submit a referendum question to the electors of the county for
403	403	12 an annual tax under subsection (i), the county shall:
404	404	13 (1) adopt and enforce a floodplain management
405	405	14 ordinance or a stormwater management ordinance under
406	406	15 subsection (g) that has been approved by the Office of
407	407	16 Water Resources of the Department of Natural Resources;
408	408	17 and
409	409	18 (2) designate a certified floodplain manager who has
410	410	19 been certified by the Association of State Floodplain
411	411	20 Managers; however, nothing in this paragraph (2) requires
412	412	21 a county to create a new position or designate another
413	413	22 individual if the county already has a certified
414	414	23 floodplain manager on staff.
415	415	24 If a county fails to continually meet any of the
416	416	25 conditions of this subsection (i-5) after approval of a
417	417	26 referendum question for an annual tax, the county may not levy
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428	428	1 a tax under subsection (i) until they are in full compliance
429	429	2 with this subsection (i-5).
430	430	3 (j) For those counties that adopt a property tax in
431	431	4 accordance with the provisions in this Section, the stormwater
432	432	5 management committee shall offer property tax abatements or
433	433	6 incentive payments to property owners who construct, maintain,
434	434	7 and use approved stormwater management devices. For those
435	435	8 counties that adopt use and occupation taxes in accordance
436	436	9 with the provisions of this Section, the stormwater
437	437	10 management committee may offer tax rebates or incentive
438	438	11 payments to property owners who construct, maintain, and use
439	439	12 approved stormwater management devices. The stormwater
440	440	13 management committee is authorized to offer credits to the
441	441	14 property tax, if applicable, based on authorized practices
442	442	15 consistent with the stormwater management plan and approved by
443	443	16 the committee. Expenses of staff of a stormwater management
444	444	17 committee that are expended on regulatory project review may
445	445	18 be no more than 20% of the annual budget of the committee,
446	446	19 including funds raised under subsections (h) and (i).
447	447	20 (k) Any county that has adopted a county stormwater
448	448	21 management plan under this Section may, after 10 days written
449	449	22 notice receiving consent of the owner or occupant, enter upon
450	450	23 any lands or waters within the county for the purpose of
451	451	24 inspecting stormwater facilities or causing the removal of any
452	452	25 obstruction to an affected watercourse. If consent is denied
453	453	26 or cannot be reasonably obtained, the county ordinance shall
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464	464	1 provide a process or procedure for an administrative warrant
465	465	2 to be obtained. The county shall be responsible for any
466	466	3 damages occasioned thereby.
467	467	4 (l) Upon petition of the municipality, and based on a
468	468	5 finding of the stormwater management planning committee, the
469	469	6 county shall not enforce rules and regulations adopted by the
470	470	7 county in any municipality located wholly or partly within the
471	471	8 county that has a municipal stormwater management ordinance
472	472	9 that is consistent with and at least as stringent as the county
473	473	10 plan and ordinance, and is being enforced by the municipal
474	474	11 authorities. On issues that the county ordinance is more
475	475	12 stringent as deemed by the committee, the county shall only
476	476	13 enforce rules and regulations adopted by the county on the
477	477	14 more stringent issues and accept municipal permits. The county
478	478	15 shall have no more than 60 days to review permits or the
479	479	16 permits shall be deemed approved.
480	480	17 (m) A county may issue general obligation bonds for
481	481	18 implementing any stormwater plan adopted under this Section in
482	482	19 the manner prescribed in Section 5-1012; except that the
483	483	20 referendum requirement of Section 5-1012 does not apply to
484	484	21 bonds issued pursuant to this Section on which the principal
485	485	22 and interest are to be paid entirely out of funds generated by
486	486	23 the taxes and fees authorized by this Section.
487	487	24 (n) The powers authorized by this Section may be
488	488	25 implemented by the county board for a portion of the county
489	489	26 subject to similar stormwater management needs.
490	490
491	491
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495	495	HB3270 - 13 - LRB104 09904 RTM 19974 b
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498	498	HB3270- 14 -LRB104 09904 RTM 19974 b HB3270 - 14 - LRB104 09904 RTM 19974 b
499	499	HB3270 - 14 - LRB104 09904 RTM 19974 b
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505	505	HB3270 - 14 - LRB104 09904 RTM 19974 b