Full Text of HB2034 98th General Assembly
HB2034ham001 98TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 4/10/2013
| | 09800HB2034ham001 | | LRB098 06286 JDS 44201 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2034
| 2 | | AMENDMENT NO. ______. Amend House Bill 2034 by replacing | 3 | | everything after the enacting clause with the following.
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Agricultural Non-Point Source Nutrient Pollution Reduction for | 6 | | Clean Water Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Agency" means the Illinois Environmental Protection | 9 | | Agency. | 10 | | "Agricultural non-point source" means an agricultural | 11 | | source of water pollution that does not meet the legal | 12 | | definition of "point source" in the Federal Water Pollution | 13 | | Control Act. | 14 | | "Fertilizer" means any substance containing nitrogen or | 15 | | phosphorus, which is used for its plant nutrient content. | 16 | | "Nutrient" includes, but is not limited to, total |
| | | 09800HB2034ham001 | - 2 - | LRB098 06286 JDS 44201 a |
|
| 1 | | phosphorus, nitrate, and ammonia. | 2 | | Section 10. Legislative findings. The General Assembly | 3 | | finds that: | 4 | | (1) agricultural storm water runoff and tile drainage can | 5 | | cause pollution of the waters of the State, degrade public | 6 | | drinking water supplies, produce nuisance algal blooms, | 7 | | diminish aquatic recreational opportunities, and threaten | 8 | | public health by carrying pollutants from agricultural fields | 9 | | into lakes, ponds, rivers, streams, and wetlands; | 10 | | (2) crop production, agriculture, animal feeding | 11 | | operations, and livestock are consistently cited as among the | 12 | | top potential sources of surface water quality impairment in | 13 | | the Agency's biennial Illinois Integrated Water Quality | 14 | | Reports; | 15 | | (3) several Illinois drinking water utilities that source | 16 | | water from surface waters in agricultural watersheds have had | 17 | | to purchase nitrate removal technologies to meet drinking water | 18 | | standards; | 19 | | (4) eutrophication due to nutrient pollution can cause | 20 | | taste and odor problems in lakes; | 21 | | (5) aesthetic impairment due to algal blooms can lower | 22 | | waterfront property values; | 23 | | (6) nitrate pollution can be toxic to people; | 24 | | (7) nutrient pollution may adversely affect stream animal | 25 | | communities; |
| | | 09800HB2034ham001 | - 3 - | LRB098 06286 JDS 44201 a |
|
| 1 | | (8) several studies show that adopting nutrient | 2 | | conservation practices or ceasing certain fertilizer | 3 | | application practices can minimize the negative impacts of | 4 | | agricultural non-point source pollution on surface waters. | 5 | | Section 15. Agency report. By August 1, 2014, the Illinois | 6 | | Environmental Protection Agency, in consultation with a | 7 | | stakeholder advisory workgroup that consists of the Illinois | 8 | | Department of Agriculture, the Association of Illinois Soil and | 9 | | Water Conservation Districts, the Illinois State Office of the | 10 | | Natural Resources Conservation Service, university | 11 | | researchers, environmental organizations, agricultural | 12 | | organizations, and other interested parties that the Agency | 13 | | deems appropriate to include, shall submit to the General | 14 | | Assembly and the Governor a report that reviews the latest | 15 | | available scientific research, regulatory frameworks, and | 16 | | institutional knowledge to evaluate and document the | 17 | | following: | 18 | | (1) the nature and extent of agricultural non-point | 19 | | source nutrient pollution impacts on surface water quality | 20 | | in Illinois; | 21 | | (2) the nature and extent of agricultural non-point | 22 | | source nutrient pollution impacts on drinking water | 23 | | utilities that source water from surface waters in | 24 | | Illinois; | 25 | | (3) the effectiveness of practices and prohibitions to |
| | | 09800HB2034ham001 | - 4 - | LRB098 06286 JDS 44201 a |
|
| 1 | | reduce agricultural non-point source nutrient pollution, | 2 | | including at least: | 3 | | (A) prohibitions on the application of fertilizer | 4 | | on top of frozen, ice-covered, or snow-covered ground; | 5 | | (B) prohibitions on the application of fertilizer | 6 | | until the soil temperature is less than 50° F. | 7 | | (C) prohibitions on the application of phosphorous | 8 | | fertilizer when soil test phosphorus exceeds crop | 9 | | needs; | 10 | | (D) subsurface placement of phosphorus fertilizer; | 11 | | (E) riparian buffers; | 12 | | (F) livestock exclusion from surface waters; | 13 | | (G) split-application of fertilizer; and | 14 | | (H) fertilizer application setbacks from surface | 15 | | waters; | 16 | | (4) the costs and benefits of the practices and | 17 | | prohibitions evaluated pursuant to paragraph (3); | 18 | | (5) existing agricultural non-point source nutrient | 19 | | pollution regulations in Illinois and other states; | 20 | | (6) the feasibility of integrating new agricultural | 21 | | non-point source nutrient pollution regulations with | 22 | | existing water pollution regulatory programs in Illinois; | 23 | | and | 24 | | (7) findings and recommendations for adopting | 25 | | regulations to reduce agricultural non-point source | 26 | | nutrient pollution in Illinois.
|
| | | 09800HB2034ham001 | - 5 - | LRB098 06286 JDS 44201 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|