SB1972 102ND GENERAL ASSEMBLY

LRB102 13606 KMF 18956 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1972

Introduced 2/26/2021, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

20 ILCS 830/1-3	from Ch. 96 1/2, par. 9701-3
20 ILCS 830/1-4	from Ch. 96 1/2, par. 9701-4
20 ILCS 830/1-5	from Ch. 96 1/2, par. 9701-5
20 ILCS 830/1-6	from Ch. 96 1/2, par. 9701-6
20 ILCS 830/2-1	from Ch. 96 1/2, par. 9702-1
20 ILCS 830/Art. IIIA heading new
20 ILCS 830/3A-1 new
20 ILCS 830/3A-2 new
20 ILCS 830/3A-3 new
20 ILCS 830/3A-4 new
30 ILCS 105/5.935 new

Amends the Interagency Wetland Policy Act of 1989. Sets forth that State agencies shall avoid adverse impacts to unprotected wetlands by requiring the issuance of a license signed by the Director of the Department of Natural Resources and authenticated by the seal thereof. Provides that State agencies shall work to prevent or reduce overall net loss of the State's existing wetland acres or their functional value due to State-licensed activities. Adds the definitions of "unprotected wetland", "protective county program", and "nonprohibited discharge of dredged fill or materials" to the Act. Creates the State Wetland Conservation Fund. Provides that the Department of Natural Resources shall grant a license for certain activities in unprotected wetlands to applicants who pay a fee per acre of wetland to be adversely impacted by such activities. Provides that the fee shall be progressive and based on the quality of the wetland or wetlands to be adversely impacted. Provides that revenues raised from the fees shall be placed in the State Wetland Conservation Fund. Makes a corresponding change in the State Finance Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning wetlands.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Interagency Wetland Policy Act of 1989 is amended by changing Sections 1-3, 1-4, 1-5, 1-6, and 2-1 and by adding Article IIIA as follows:

(20 ILCS 830/1-3) (from Ch. 96 1/2, par. 9701-3)

Sec. 1-3. Application. The General Assembly recognizes the environmental, economic and social values of the State's remaining wetlands and directs that State agencies shall preserve, enhance, and create wetlands where possible and avoid adverse impacts to wetlands from:

(a) State and State pass-through funded construction activities. This Act does not apply to construction activities costing less than $10,000, in which non-public contributions are at least 25 percent of the total cost. This Act does not apply to cleanup of contaminated sites authorized, funded or approved pursuant to: (1) the federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (P.L. 96-510), as amended; (2) the leaking underground storage tank program, as established in Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), as amended, of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580); (3) the State remedial action program established under Section 4 of the Environmental Protection Act, as amended, or any other Section of this Act or regulations promulgated thereunder which pertain to the above exempted federal cleanup programs.

This Act does not apply to projects receiving loan assistance provided to local government units under the provisions of the Illinois Water Pollution Control Revolving Fund, that are subject to review under the National Environmental Policy Act of 1969 (NEPA) or the state equivalent, pursuant to rules governing the Illinois Water Pollution Control Revolving Fund.

(b) State supported land management activities;

(c) State and State supported technical assistance programs; and

(d) Other State activities that result in adverse impacts to wetlands; and .

(e) Certain other activities in unprotected wetlands, including, but not limited, to (i) the discharge of any fill or deposit of rock, earth, sand, other material, or any refuse matter of any kind or description, (ii) the building or the commencement of building of any structure, or (iii) other work of any kind in the unprotected wetlands within the State without first receiving a license signed by the Director and authenticated by the seal thereof.

Educational materials produced with State support, shall be consistent with the policies contained within this Act.

(Source: P.A. 86-157.)

(20 ILCS 830/1-4) (from Ch. 96 1/2, par. 9701-4)

Sec. 1-4. State goal. It shall be the goal of the State that there be no overall net loss of the State's existing wetland acres or their functional value due to State-supported or State-licensed State supported activities. Further, State agencies shall preserve, enhance and create wetlands where necessary in order to increase the quality and quantity of the State's wetland resource base.

(Source: P.A. 86-157.)

(20 ILCS 830/1-5) (from Ch. 96 1/2, par. 9701-5)

Sec. 1-5. Goal implementation. The goal is implemented through a State Wetland Mitigation Policy, the creation of a State Wetland Conservation Fund, and the development of Agency Action Plans.

(Source: P.A. 86-157.)

(20 ILCS 830/1-6) (from Ch. 96 1/2, par. 9701-6)

Sec. 1-6. Definitions. As used in this Act:

(a) "Wetland" means land that has a predominance of hydric soils (soils which are usually wet and where there is little or no free oxygen) and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation (plants typically found in wet habitats) typically adapted for life in saturated soil conditions. Areas which are restored or created as the result of mitigation or planned construction projects and which function as a wetland are included within this definition even when all three wetland parameters are not present.

(b) "Adverse wetland impacts" means any land management and construction or related project activity which directly or indirectly reduces the size of a wetland or impairs a wetland's functional value, as described in subsection (c) of Section 1-2 of this Act, or the hydraulic and hydrologic characteristics of a wetland.

(c) "Director" means the Director of Natural Resources.

(d) "Department" with reference to this Act means the Department of Natural Resources.

(e) "Committee" means the Interagency Wetlands Committee created by this Act.

(f) "Mitigation" includes avoiding, minimizing or compensating for adverse wetland impacts. This includes:

(1) Avoiding the impact altogether by not taking a certain action or parts of an action;

(2) Minimizing the impact by limiting the magnitude of the action; and

(3) Compensating for the impact by replacing or providing substitute wetland resources or environments.

(g) "Agency Action Plan" means a plan developed by an individual agency to implement this Act.

(h) "Wetland Compensation Plan" means a plan developed for each individual construction project that details how the responsible agency will compensate for actions which will result in adverse wetland impacts.

(i) "Conservation Organization" means an organization, legally established under Illinois Law, for the purpose of managing and protecting natural resources.

(j) "Necessary" means in a manner consistent with the intent of this Act.

(k) "Nonprohibited discharge of dredged or fill materials" means activities exempt under Section 404(f)(1) of the federal Clean Water Act.

(l) "Unprotected wetland" means a wetland that is not included in waters of the United States as that term is used in the federal Water Pollution Control Act, and is not protected by any protective county program.

(m) "Protective county program" means the programs now administered by Cook, DuPage, Kane, Lake, and McHenry Counties, so long as those programs are not substantially weakened as determined by the Director, and includes the programs of any other county that shall be certified by the Director as protective of wetlands and wetland values.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)

Sec. 2-1. Interagency Wetlands Committee. An Interagency Wetlands Committee, chaired by the Director of Natural Resources or his or her representative, is established. The Directors of the following agencies, or their respective representatives, shall serve as members of the Committee:

Capital Development Board,

Department of Agriculture,

Department of Commerce and Economic Opportunity,

Environmental Protection Agency, and

Department of Transportation.

The Interagency Wetlands Committee shall also include 2 additional persons with relevant expertise designated by the Director of Natural Resources.

The Interagency Wetlands Committee shall advise the Director in the administration of this Act. This will include:

(a) Developing rules and regulations for the implementation and administration of this Act.

(b) Establishing guidelines for developing individual Agency Action Plans.

(c) Developing and adopting technical procedures for the consistent identification, delineation and evaluation of existing wetlands and quantification of their functional values and the evaluation of wetland restoration or creation projects.

(d) Developing a research program for wetland function, restoration and creation.

(e) Preparing reports, including:

(1) A biennial report to the Governor and the General Assembly on the impact of State-supported and State-licensed State supported activities on wetlands.

(2) A comprehensive report on the status of the State's wetland resources, including recommendations for additional programs, by January 15, 1991.

(f) Development of educational materials to promote the protection of wetlands.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 830/Art. IIIA heading new)

ARTICLE IIIA. STATE WETLAND CONSERVATION FUND

(20 ILCS 830/3A-1 new)

Sec. 3A-1. State Wetland Conservation Fund. There is created the State Wetland Conservation Fund to be managed by the Department. This fund shall be used for the sole and exclusive purpose of acquiring interests in, preserving, and restoring wetlands.

(20 ILCS 830/3A-2 new)

Sec. 3A-2. State acquisition of wetlands. Lands may be acquired in fee simple, by easements, or by other ownership interests in unprotected wetlands through the use of the State Wetland Conservation Fund.

(20 ILCS 830/3A-3 new)

Sec. 3A-3. State protection and restoration of wetlands.

(a) The Department may award grants to municipalities, counties, and not-for-profit corporations in order to promote the goal of protecting and restoring wetlands and wetland values.

(b) It is unlawful (i) to conduct any activity causing the discharge of any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, (ii) to build or to commence to build any structure, or (iii) to perform other work of any kind in the unprotected wetlands within this State without first receiving a license signed by the Director and authenticated by the seal thereof.

(c) The Department shall license certain activities in unprotected wetlands through an in-lieu fee program. No license to perform activities in unprotected wetlands shall be granted to applicants without first submitting the plans, profiles, and specifications for the project affecting unprotected wetlands, and such other data and information as may be required by the Department. This license requirement does not apply to duck blinds that comply with regulations of the Department or to nonprohibited discharges of dredge or fill materials.

(d) Obtaining a license for activities in an unprotected wetland shall not except the licensee from obtaining any other required license or permit. Issuance of a license for activities in unprotected wetlands shall not constitute evidence that other permits or licenses are not needed for such activities.

(20 ILCS 830/3A-4 new)

Sec. 3A-4. In-lieu fee program.

(a) The Department shall grant a license for certain activities in unprotected wetlands to applicants who pay a fee per acre of wetland to be adversely impacted by such activities. This fee shall be progressive and based on the quality of the wetland or wetlands to be adversely impacted. Revenues raised from these fees shall be placed in the State Wetland Conservation Fund.

(b) The in-lieu fee for activities that will adversely impact wetlands identified on the Illinois Natural Areas Inventory and through the Advance Identification Wetlands GIS datasets shall be $175,000 per acre of wetland to be adversely impacted.

(c) The in-lieu fee for activities that will adversely impact all other unprotected wetlands shall be $50,000 per acre of wetland to be adversely impacted.

Section 10. The State Finance Act is amended by adding Section 5.935 as follows:

(30 ILCS 105/5.935 new)

Sec. 5.935. The State Wetland Conservation Fund.

Section 99. Effective date. This Act takes effect upon becoming law.