HB3954 96TH GENERAL ASSEMBLY

LRB096 09969 JDS 20133 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3954

Introduced 2/26/2009, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.719 new

Creates the Aquatic Invasive Species Prevention Act. Requires the Director of the Environmental Protection Agency, with the consultation of the Director of Natural Resources, to establish a permit program for oceangoing vessels to prevent the discharge of aquatic invasive species into State waters of the Great Lakes. Sets standards for issuance of permits. Requires cooperation with other states, Canada, and others. Contains provisions concerning fees and fines, reporting, monitoring, and review and enforcement. Amends the State Finance Act to create the Aquatic Invasive Species Prevention Fund. Provides for federal preemption. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning invasive species prevention.

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 Aquatic Invasive Species Prevention Act.

Section 5. Intent. It is the intent of this Act to prevent the introduction and to minimize the spread of aquatic invasive species within the State waters of the Great Lakes.

Section 10. Definitions. For the purposes of this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Aquatic invasive species" means a non-indigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or threatens commercial, agricultural, aquacultural, or recreational activities dependent upon those waters.

"Department" means the Illinois Department of Natural Resources.

"Fund" means the Aquatic Invasive Species Prevention Fund.

"Oceangoing vessels" means cargo ships operating outside of Lake Michigan, Lake Superior, Lake Huron, Lake Erie, and their tributaries.

"State waters of the Great Lakes" means the surface water under the jurisdiction of the State of Illinois in the Great Lakes and waters that discharge, flow, or otherwise are transferred into the Great Lakes.

Section 15. Standards.

(a) On or before January 1, 2011 the Director of the Agency shall, with the consultation of the Director of the Department, establish a permit program for oceangoing vessels.

(b) On and after the effective date of the permit program, no one shall operate an oceangoing vessel on the State waters of the Great Lakes without possession of a permit from the Agency. The permit shall require at least one of the following conditions:

(1) Certification by the vessel operator that the vessel will not discharge aquatic invasive species into the State waters of the Great Lakes.

(2) Demonstration by the vessel operator that the vessel cannot discharge ballast water.

(3) Demonstration that (i) the vessel is equipped with environmentally sound treatment technology that can be used to prevent the introduction of aquatic invasive species into the State waters of the Great Lakes and (ii) the treatment technology is applied to all ballast water on board the vessel prior to discharge into the State waters of the Great Lakes.

Section 20. Cooperation. The Agency shall cooperate to the fullest extent practical with other Great Lakes basin states, the Canadian Great Lakes provinces, the Great Lakes Panel on Aquatic Nuisance Species, the Great Lakes Fishery Commission, the International Joint Commission, and the Great Lakes commission to ensure development of standards for the control of aquatic nuisance species that are broadly protective of the waters of the State and other natural resources.

Section 25. Great Lakes aquatic invasive species coalition. In order to address discharges of aquatic invasive species from oceangoing vessels that damage water quality, aquatic habitat, fish, or wildlife, the Agency shall facilitate the formation of a Great Lakes aquatic invasive species coalition. The Great Lakes aquatic invasive species coalition shall be formed through an agreement entered into with other states in the Great Lakes basin to implement on a basin-wide basis water pollution laws that prohibit the discharge of aquatic invasive species into the Great Lakes from oceangoing vessels. The Agency shall seek to enter into an agreement that will become effective not later than January 1, 2011. The Agency shall consult with the Department prior to entering into this agreement. Upon entering into the agreement, the Agency shall notify the Canadian Great Lakes provinces of the terms of the agreement.

Section 30. Fees and fines.

(a) The application fee for a permit under this Act shall be determined by the Agency, by rule, but shall not be less than $100.

(b) A person determined to be in violation of the standards promulgated by the Agency under Section 15 of this Act is subject to a fine to be determined by the Agency, but not less than $25,000 per violation.

Section 35. Reporting. Any oceangoing vessel operator intending to enter the State waters of the Great Lakes must issue a report via fax or e-mail to the Agency at least 24 hours prior to any port operation in the State. The report format shall be determined by the Agency and shall describe how the vessel operator is complying with the permit.

Section 40. Aquatic Invasive Species Prevention Fund. The Aquatic Invasive Species Prevention Fund is created as a special fund in the State treasury. The Agency shall use this Fund, subject to appropriation, for the following purposes, not in order of priority: (i) further prevention of the introduction of aquatic invasive species; (ii) further control of the spread of existing aquatic invasive species; and (iii) reclamation of aquatic resources injured as a result of aquatic invasive species. The Agency shall deposit all moneys collected under this Act into the Fund. Interest generated by the Fund shall be reinvested in the Fund.

Section 45. Monitoring. The Agency shall, in cooperation with the Department, establish a regular inspection system to ensure that the standards under this Act are being achieved.

Section 50. Review and enforcement.

(a) At least every 3 years beginning on December 1, 2011, the Agency shall evaluate the effectiveness of the technology standards promulgated under this Act in preventing the introduction and minimizing the spread of aquatic invasive species within the State waters of the Great Lakes. If the Agency determines that the technology standards have not been effective in achieving a complete prohibition on the introduction of new aquatic invasive species from oceangoing vessels into State waters of the Great Lakes, the Agency, by rule, shall adopt revised technology standards and may adopt additional or alternative performance standards to accomplish the goals of this Act.

(b) If federal regulations are promulgated that are at least as restrictive as those described in regulations under this Act, the Agency shall cease enforcement of this Act on the effective date of the federal regulations.

(c) No later than 12 months after the effective date of federal regulations that are at least as restrictive as those described in regulations under this Act, and every 3 years thereafter, the Agency shall complete a review of the effectiveness of federal regulations in preventing the introduction of new aquatic invasive species to the Great Lakes. If, as a result of this review, the Agency determines that reinstating the enforcement of this Act would be more effective than the federal regulations in preventing the introduction and minimizing the spread of aquatic invasive species in the State waters of the Great Lakes, the Agency shall reinstate enforcement of this Act.

(c) The Attorney General may recover damages as a result of enforcement actions taken under this Act, which shall be deposited into the Fund and shall be adequate for, at a minimum, the reclamation of aquatic resources damaged by unauthorized releases of aquatic invasive species.

Section 90. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Aquatic Invasive Species Prevention Fund.

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