96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6142


 
Introduced 2/11/2010, by Rep. Richard P. Myers
 
SYNOPSIS AS INTRODUCED:
 		





 







415 ILCS 5/31.3 new











     Amends the Environmental Protection Act. Prohibits any person from bringing a civil suit based on potential nuisance with respect to a proposed livestock facility until all federal, State, and local permits and approvals required for the proposed facility have been granted.  Provides that a prevailing defendant in any action in which a proposed livestock management facility is alleged to be a nuisance shall recover certain costs and fees. Defines "prevailing defendant". Effective immediately.
  















LRB096 17614 JDS 32972 b

















 


 


A BILL FOR









 




  






HB6142

LRB096 17614 JDS 32972 b





  
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    AN ACT concerning safety.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Environmental Protection Act is amended  by 
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adding Section 31.3 as follows:
 
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    (415 ILCS 5/31.3 new)
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    Sec. 31.3. Nuisance; livestock management facilities.
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    (a) The General Assembly finds and declares that the 
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federal, State, and local governmental entities that have been 
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empowered to regulate siting, design, construction, and 
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operation of a proposed livestock management facility are, with 
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respect to the matters subject to their respective authorities, 
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in the best possible position to determine whether a proposed 
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facility is likely to create an actual or potential nuisance 
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when sited, designed, constructed, and operated as authorized.
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    (b) A person may not bring a civil suit based on potential 
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nuisance with respect to a proposed livestock management 
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facility until all required federal, State, and local permits 
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and approvals required for the proposed facility, including 
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without limitation any permits or approvals required under this 
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Act or the Livestock Management Facilities Act and any 
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applicable local siting approval, zoning, land use, or other 
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authorizations, have been granted.
 


 






HB6142
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LRB096 17614 JDS 32972 b




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    (c) This Section does not limit (i) the authority of the 
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Agency to consider or determine any matter or question relating 
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to the siting, design, construction, or operation of a proposed 
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livestock management facility, (ii) the right of any person to 
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raise a question about the likelihood of creating an actual or 
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potential nuisance while lawfully participating in a public 
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hearing or permit appeal process,  or (iii) the right of any 
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person to bring a civil suit based on actual or potential 
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nuisance with respect to all or any part of a livestock 
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management facility in actual operation.
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    (d) Costs and fees associated with any nuisance action in 
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which a proposed livestock management facility is alleged to be 
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a nuisance,  together with a reasonable amount for attorney 
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fees, shall be recovered by a prevailing defendant in any 
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action in which a proposed livestock management facility is 
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alleged to be a nuisance. For the purposes of this subsection 
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(d), a prevailing defendant is a defendant in a lawsuit in 
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whose favor a final court order or judgment is rendered.  A 
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defendant shall not be considered to have prevailed if, prior 
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to the entry of a final court order or judgment, he or she 
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enters into a negotiated settlement agreement or takes any 
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corrective or other action that renders unnecessary the entry 
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of a final court order or judgment against the defendant. 
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.