HB3829 96TH GENERAL ASSEMBLY

LRB096 09793 JDS 19956 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3829

Introduced 2/25/2009, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

New Act

Creates the Great Lakes Preservation and Protection Act. Requires the Environmental Protection Agency and the Illinois International Port District to submit an annual report to the General Assembly concerning ballast water in the Great Lakes. Requires the Agency and the Department of Natural Resources to offer technical assistance to the Great Ships Initiative for the purpose of accelerating the development and approval of ballast-treatment technology that is sufficient to protect the waters of the State from aquatic invasive species. Requires the Department to sample and monitor the Illinois waters of Lake Michigan for new aquatic nuisance species and report its findings annually to the General Assembly. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning conservation.

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

Section 1. Short title. This Act may be cited as the Great Lakes Preservation and Protection Act.

Section 5. Legislative findings and purpose.

(a) The General Assembly finds all of the following:

(1) The Great Lakes are of a tremendous value to Illinois as an environmental and economic resource, both as the world's largest source of fresh water and as a crucial channel for international shipping.

(2) The General Assembly is greatly concerned with the preservation and protection of the Great Lakes and their environmental and economic resources.

(3) Illinois ranks seventh in the nation for waterborne shipping, with more than 120,000,000 tons of maritime cargo passing through our ports each year, and the State's Lake Michigan ports provide Illinois manufacturers with access to foreign markets through the Great Lakes St. Lawrence Seaway System.

(4) Current federal laws are inadequate to prevent the introduction of aquatic invasive species into domestic waters via ballast water. There is currently no nationally accepted standard for the quality of ballast water, nor are there any approved ballast-treatment technologies that are available to ship operators.

(5) There is a need for federal regulation of this matter because a patchwork of state and regional regulations would impose a crippling burden on vital shipping concerns and would afford inadequate protection of our important natural resources.

(b) In order to protect and preserve our valuable economic and natural resources, it is the purpose of this Act to dedicate resources of the State to accelerate the development and approval of a nationally accepted standard for the quality of ballast water and of ballast-treatment technologies.

Section 10. Definitions. As used in this Act:

"Agency" means the Environmental Protection Agency.

"Department" means the Department of Natural Resources.

"Great Ships Initiative" means a regional research and development project funded jointly by the Illinois International Port District, other Great Lakes ports, the U.S. Department of Transportation, and the U.S. Department of Commerce.

Section 15. Annual reports required. The Agency and the Illinois International Port District shall jointly submit an annual report to the General Assembly. The report must be submitted no later than December 1 of each year. The report must:

(1) assess the status of the development of a nationally accepted standard for the quality of ballast water;

(2) assess the status of any federally approved ballast-treatment technology;

(3) provide the status of any federal legislation to establish a ballast water regulatory program; and

(4) list all violations of federal ballast regulations, as reported by the U.S. Coast Guard, for those ships visiting Illinois ports.

Section 20. Technical assistance. The Agency and the Department shall offer technical assistance to the Great Ships Initiative for the purpose of accelerating the development and approval of ballast-treatment technology that is sufficient to protect the waters of the State from aquatic invasive species.

Section 25. Water sampling and monitoring. The Department shall sample and monitor the Illinois waters of Lake Michigan for new aquatic nuisance species and report its findings annually to the General Assembly.

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