Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1949

Introduced
2/6/25  

Caption

STORMWATER DRAINAGE-URBAN AREA

Summary

SB1949 amends the Illinois Counties Code to change when county stormwater management provisions apply. The bill removes a prior condition that required voter approval before certain counties containing an urbanized area could use these stormwater management powers, and instead makes the provisions apply in all counties containing an urbanized area unless another stormwater management section of the Code already governs them. In practical terms, the bill broadens the reach of county-level stormwater planning and regulation in urbanized counties. The bill preserves and restates the framework for county stormwater management planning committees, countywide stormwater plans, public hearings, state review by the Office of Water Resources, and county authority to adopt ordinances, fees, taxes, and bonds to fund stormwater projects. It also keeps existing protections and limits, including coordination with adjoining counties, restrictions on interference with drainage district and agricultural drainage activities, and requirements for municipal participation and permit review in certain circumstances. The bill also adds or clarifies a condition for counties that came into the program through voter approval under the revised subsection: before they may seek a stormwater tax referendum, they must have an approved floodplain or stormwater ordinance and a certified floodplain manager. The bill’s impact on state law is to expand the applicability of county stormwater management authority across more urbanized counties and to standardize the legal pathway for creating and operating stormwater management planning councils. It affects county boards, municipalities, drainage districts, soil and water conservation districts, developers, landowners, and property taxpayers in affected counties by preserving county power to regulate runoff, levy fees, impose a dedicated stormwater tax subject to referendum, and issue bonds for stormwater infrastructure. It also continues to exempt certain agricultural drainage and drainage district operations from county interference. There is no recorded committee testimony or vote history in the provided materials, so no formal legislative debate or roll-call sentiment is available. Based on the bill text alone, the measure appears generally pro-stormwater-management and pro-local-government planning, with an emphasis on flood mitigation, urban runoff control, and funding mechanisms. The overall tone of the proposal is administrative and technical rather than partisan. The main points of potential contention are likely to be the expansion of county authority into more urbanized counties, the ability to levy new fees or taxes, and the interaction between county stormwater rules and municipal, drainage district, and agricultural operations. Developers and property owners may be concerned about added costs and regulatory requirements, while counties and flood-management advocates may support the bill for giving local governments more consistent tools to address flooding and runoff. Agricultural interests may also scrutinize the bill’s limits on county regulation of production agriculture drainage systems.

Impact

SB1949 would amend Section 5-1062.2 of the Counties Code to make stormwater management provisions apply in all counties containing all or part of an urbanized area, unless another stormwater section already applies. It removes the prior election-triggered limitation and thereby expands county eligibility to create stormwater management planning committees, adopt countywide stormwater plans and ordinances, levy fees and taxes subject to referendum, and issue bonds for stormwater projects. The bill continues to regulate how counties coordinate with municipalities, drainage districts, and state water officials, and it preserves exemptions for certain agricultural drainage and drainage district activities.

Sentiment

No committee transcripts or votes were provided, so there is no direct record of support or opposition. On its face, the bill is framed as a stormwater and flood-mitigation measure, suggesting a generally favorable policy intent among sponsors and likely supporters of local infrastructure planning. The absence of recorded debate means the public or legislative sentiment cannot be measured from the supplied materials, but the bill’s structure suggests a technical, management-oriented proposal rather than a controversial ideological measure.

Contention

Likely areas of contention include the expansion of county stormwater authority without requiring prior voter approval, the potential for new property taxes or use-and-occupation taxes, and the extent to which county rules may affect municipalities, developers, and landowners. Agricultural stakeholders may focus on the bill’s limits on regulating drainage systems used for production agriculture, while municipalities may be concerned about county preemption or overlapping authority. Counties and flood-control advocates are likely to support the broader authority and funding tools as necessary to address urban flooding and runoff.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.