Illinois General Assembly - Full Text of SB1972
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Full Text of SB1972  102nd General Assembly




State of Illinois
2021 and 2022


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


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.

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SB1972LRB102 13606 KMF 18956 b

1    AN ACT concerning wetlands.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Interagency Wetland Policy Act of 1989 is
5amended by changing Sections 1-3, 1-4, 1-5, 1-6, and 2-1 and by
6adding Article IIIA as follows:
7    (20 ILCS 830/1-3)  (from Ch. 96 1/2, par. 9701-3)
8    Sec. 1-3. Application. The General Assembly recognizes the
9environmental, economic and social values of the State's
10remaining wetlands and directs that State agencies shall
11preserve, enhance, and create wetlands where possible and
12avoid adverse impacts to wetlands from:
13    (a) State and State pass-through funded construction
14activities. This Act does not apply to construction activities
15costing less than $10,000, in which non-public contributions
16are at least 25 percent of the total cost. This Act does not
17apply to cleanup of contaminated sites authorized, funded or
18approved pursuant to: (1) the federal Comprehensive
19Environmental Response Compensation and Liability Act of 1980
20(P.L. 96-510), as amended; (2) the leaking underground storage
21tank program, as established in Subtitle I of the Hazardous
22and Solid Waste Amendments of 1984 (P.L. 98-616), as amended,
23of the Resource Conservation and Recovery Act of 1976 (P.L.



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194-580); (3) the State remedial action program established
2under Section 4 of the Environmental Protection Act, as
3amended, or any other Section of this Act or regulations
4promulgated thereunder which pertain to the above exempted
5federal cleanup programs.
6    This Act does not apply to projects receiving loan
7assistance provided to local government units under the
8provisions of the Illinois Water Pollution Control Revolving
9Fund, that are subject to review under the National
10Environmental Policy Act of 1969 (NEPA) or the state
11equivalent, pursuant to rules governing the Illinois Water
12Pollution Control Revolving Fund.
13    (b) State supported land management activities;
14    (c) State and State supported technical assistance
15programs; and
16    (d) Other State activities that result in adverse impacts
17to wetlands; and .
18    (e) Certain other activities in unprotected wetlands,
19including, but not limited, to (i) the discharge of any fill or
20deposit of rock, earth, sand, other material, or any refuse
21matter of any kind or description, (ii) the building or the
22commencement of building of any structure, or (iii) other work
23of any kind in the unprotected wetlands within the State
24without first receiving a license signed by the Director and
25authenticated by the seal thereof.
26    Educational materials produced with State support, shall



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1be consistent with the policies contained within this Act.
2(Source: P.A. 86-157.)
3    (20 ILCS 830/1-4)  (from Ch. 96 1/2, par. 9701-4)
4    Sec. 1-4. State goal. It shall be the goal of the State
5that there be no overall net loss of the State's existing
6wetland acres or their functional value due to State-supported
7or State-licensed State supported activities. Further, State
8agencies shall preserve, enhance and create wetlands where
9necessary in order to increase the quality and quantity of the
10State's wetland resource base.
11(Source: P.A. 86-157.)
12    (20 ILCS 830/1-5)  (from Ch. 96 1/2, par. 9701-5)
13    Sec. 1-5. Goal implementation. The goal is implemented
14through a State Wetland Mitigation Policy, the creation of a
15State Wetland Conservation Fund, and the development of Agency
16Action Plans.
17(Source: P.A. 86-157.)
18    (20 ILCS 830/1-6)  (from Ch. 96 1/2, par. 9701-6)
19    Sec. 1-6. Definitions. As used in this Act:
20    (a) "Wetland" means land that has a predominance of hydric
21soils (soils which are usually wet and where there is little or
22no free oxygen) and that is inundated or saturated by surface
23or groundwater at a frequency and duration sufficient to



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1support, and that under normal circumstances does support, a
2prevalence of hydrophytic vegetation (plants typically found
3in wet habitats) typically adapted for life in saturated soil
4conditions. Areas which are restored or created as the result
5of mitigation or planned construction projects and which
6function as a wetland are included within this definition even
7when all three wetland parameters are not present.
8    (b) "Adverse wetland impacts" means any land management
9and construction or related project activity which directly or
10indirectly reduces the size of a wetland or impairs a
11wetland's functional value, as described in subsection (c) of
12Section 1-2 of this Act, or the hydraulic and hydrologic
13characteristics of a wetland.
14    (c) "Director" means the Director of Natural Resources.
15    (d) "Department" with reference to this Act means the
16Department of Natural Resources.
17    (e) "Committee" means the Interagency Wetlands Committee
18created by this Act.
19    (f) "Mitigation" includes avoiding, minimizing or
20compensating for adverse wetland impacts. This includes:
21        (1) Avoiding the impact altogether by not taking a
22    certain action or parts of an action;
23        (2) Minimizing the impact by limiting the magnitude of
24    the action; and
25        (3) Compensating for the impact by replacing or
26    providing substitute wetland resources or environments.



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1    (g) "Agency Action Plan" means a plan developed by an
2individual agency to implement this Act.
3    (h) "Wetland Compensation Plan" means a plan developed for
4each individual construction project that details how the
5responsible agency will compensate for actions which will
6result in adverse wetland impacts.
7    (i) "Conservation Organization" means an organization,
8legally established under Illinois Law, for the purpose of
9managing and protecting natural resources.
10    (j) "Necessary" means in a manner consistent with the
11intent of this Act.
12    (k) "Nonprohibited discharge of dredged or fill materials"
13means activities exempt under Section 404(f)(1) of the federal
14Clean Water Act.
15    (l) "Unprotected wetland" means a wetland that is not
16included in waters of the United States as that term is used in
17the federal Water Pollution Control Act, and is not protected
18by any protective county program.
19    (m) "Protective county program" means the programs now
20administered by Cook, DuPage, Kane, Lake, and McHenry
21Counties, so long as those programs are not substantially
22weakened as determined by the Director, and includes the
23programs of any other county that shall be certified by the
24Director as protective of wetlands and wetland values.
25(Source: P.A. 89-445, eff. 2-7-96.)



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1    (20 ILCS 830/2-1)  (from Ch. 96 1/2, par. 9702-1)
2    Sec. 2-1. Interagency Wetlands Committee. An Interagency
3Wetlands Committee, chaired by the Director of Natural
4Resources or his or her representative, is established. The
5Directors of the following agencies, or their respective
6representatives, shall serve as members of the Committee:
7    Capital Development Board,
8    Department of Agriculture,
9    Department of Commerce and Economic Opportunity,
10    Environmental Protection Agency, and
11    Department of Transportation.
12    The Interagency Wetlands Committee shall also include 2
13additional persons with relevant expertise designated by the
14Director of Natural Resources.
15    The Interagency Wetlands Committee shall advise the
16Director in the administration of this Act. This will include:
17        (a) Developing rules and regulations for the
18    implementation and administration of this Act.
19        (b) Establishing guidelines for developing individual
20    Agency Action Plans.
21        (c) Developing and adopting technical procedures for
22    the consistent identification, delineation and evaluation
23    of existing wetlands and quantification of their
24    functional values and the evaluation of wetland
25    restoration or creation projects.
26        (d) Developing a research program for wetland



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1    function, restoration and creation.
2        (e) Preparing reports, including:
3            (1) A biennial report to the Governor and the
4        General Assembly on the impact of State-supported and
5        State-licensed State supported activities on wetlands.
6            (2) A comprehensive report on the status of the
7        State's wetland resources, including recommendations
8        for additional programs, by January 15, 1991.
9        (f) Development of educational materials to promote
10    the protection of wetlands.
11(Source: P.A. 100-695, eff. 8-3-18.)
12    (20 ILCS 830/Art. IIIA heading new)

14    (20 ILCS 830/3A-1 new)
15    Sec. 3A-1. State Wetland Conservation Fund. There is
16created the State Wetland Conservation Fund to be managed by
17the Department. This fund shall be used for the sole and
18exclusive purpose of acquiring interests in, preserving, and
19restoring wetlands.
20    (20 ILCS 830/3A-2 new)
21    Sec. 3A-2. State acquisition of wetlands. Lands may be
22acquired in fee simple, by easements, or by other ownership
23interests in unprotected wetlands through the use of the State



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1Wetland Conservation Fund.
2    (20 ILCS 830/3A-3 new)
3    Sec. 3A-3. State protection and restoration of wetlands.
4    (a) The Department may award grants to municipalities,
5counties, and not-for-profit corporations in order to promote
6the goal of protecting and restoring wetlands and wetland
8    (b) It is unlawful (i) to conduct any activity causing the
9discharge of any fill or deposit of rock, earth, sand, or other
10material, or any refuse matter of any kind or description,
11(ii) to build or to commence to build any structure, or (iii)
12to perform other work of any kind in the unprotected wetlands
13within this State without first receiving a license signed by
14the Director and authenticated by the seal thereof.
15    (c) The Department shall license certain activities in
16unprotected wetlands through an in-lieu fee program. No
17license to perform activities in unprotected wetlands shall be
18granted to applicants without first submitting the plans,
19profiles, and specifications for the project affecting
20unprotected wetlands, and such other data and information as
21may be required by the Department. This license requirement
22does not apply to duck blinds that comply with regulations of
23the Department or to nonprohibited discharges of dredge or
24fill materials.
25    (d) Obtaining a license for activities in an unprotected



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1wetland shall not except the licensee from obtaining any other
2required license or permit. Issuance of a license for
3activities in unprotected wetlands shall not constitute
4evidence that other permits or licenses are not needed for
5such activities.
6    (20 ILCS 830/3A-4 new)
7    Sec. 3A-4. In-lieu fee program.
8    (a) The Department shall grant a license for certain
9activities in unprotected wetlands to applicants who pay a fee
10per acre of wetland to be adversely impacted by such
11activities. This fee shall be progressive and based on the
12quality of the wetland or wetlands to be adversely impacted.
13Revenues raised from these fees shall be placed in the State
14Wetland Conservation Fund.
15    (b) The in-lieu fee for activities that will adversely
16impact wetlands identified on the Illinois Natural Areas
17Inventory and through the Advance Identification Wetlands GIS
18datasets shall be $175,000 per acre of wetland to be adversely
20    (c) The in-lieu fee for activities that will adversely
21impact all other unprotected wetlands shall be $50,000 per
22acre of wetland to be adversely impacted.
23    Section 10. The State Finance Act is amended by adding
24Section 5.935 as follows:



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1    (30 ILCS 105/5.935 new)
2    Sec. 5.935. The State Wetland Conservation Fund.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.