HB2034ham001 98TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 4/10/2013

09800HB2034ham001 LRB098 06286 JDS 44201 a

AMENDMENT TO HOUSE BILL 2034

AMENDMENT NO. ______. Amend House Bill 2034 by replacing everything after the enacting clause with the following.

"Section 1. Short title. This Act may be cited as the Agricultural Non-Point Source Nutrient Pollution Reduction for Clean Water Act.

Section 5. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Agricultural non-point source" means an agricultural source of water pollution that does not meet the legal definition of "point source" in the Federal Water Pollution Control Act.

"Fertilizer" means any substance containing nitrogen or phosphorus, which is used for its plant nutrient content.

"Nutrient" includes, but is not limited to, total phosphorus, nitrate, and ammonia.

Section 10. Legislative findings. The General Assembly finds that:

(1) agricultural storm water runoff and tile drainage can cause pollution of the waters of the State, degrade public drinking water supplies, produce nuisance algal blooms, diminish aquatic recreational opportunities, and threaten public health by carrying pollutants from agricultural fields into lakes, ponds, rivers, streams, and wetlands;

(2) crop production, agriculture, animal feeding operations, and livestock are consistently cited as among the top potential sources of surface water quality impairment in the Agency's biennial Illinois Integrated Water Quality Reports;

(3) several Illinois drinking water utilities that source water from surface waters in agricultural watersheds have had to purchase nitrate removal technologies to meet drinking water standards;

(4) eutrophication due to nutrient pollution can cause taste and odor problems in lakes;

(5) aesthetic impairment due to algal blooms can lower waterfront property values;

(6) nitrate pollution can be toxic to people;

(7) nutrient pollution may adversely affect stream animal communities;

(8) several studies show that adopting nutrient conservation practices or ceasing certain fertilizer application practices can minimize the negative impacts of agricultural non-point source pollution on surface waters.

Section 15. Agency report. By August 1, 2014, the Illinois Environmental Protection Agency, in consultation with a stakeholder advisory workgroup that consists of the Illinois Department of Agriculture, the Association of Illinois Soil and Water Conservation Districts, the Illinois State Office of the Natural Resources Conservation Service, university researchers, environmental organizations, agricultural organizations, and other interested parties that the Agency deems appropriate to include, shall submit to the General Assembly and the Governor a report that reviews the latest available scientific research, regulatory frameworks, and institutional knowledge to evaluate and document the following:

(1) the nature and extent of agricultural non-point source nutrient pollution impacts on surface water quality in Illinois;

(2) the nature and extent of agricultural non-point source nutrient pollution impacts on drinking water utilities that source water from surface waters in Illinois;

(3) the effectiveness of practices and prohibitions to reduce agricultural non-point source nutrient pollution, including at least:

(A) prohibitions on the application of fertilizer on top of frozen, ice-covered, or snow-covered ground;

(B) prohibitions on the application of fertilizer until the soil temperature is less than 50° F.

(C) prohibitions on the application of phosphorous fertilizer when soil test phosphorus exceeds crop needs;

(D) subsurface placement of phosphorus fertilizer;

(E) riparian buffers;

(F) livestock exclusion from surface waters;

(G) split-application of fertilizer; and

(H) fertilizer application setbacks from surface waters;

(4) the costs and benefits of the practices and prohibitions evaluated pursuant to paragraph (3);

(5) existing agricultural non-point source nutrient pollution regulations in Illinois and other states;

(6) the feasibility of integrating new agricultural non-point source nutrient pollution regulations with existing water pollution regulatory programs in Illinois; and

(7) findings and recommendations for adopting regulations to reduce agricultural non-point source nutrient pollution in Illinois.

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