Full Text of HB2737 101st General Assembly
HB2737enr 101ST GENERAL ASSEMBLY |
| | HB2737 Enrolled | | LRB101 09592 AWJ 54690 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Soil and Water Conservation Districts Act is | 5 | | amended by changing Sections 2, 10, 22.01, 22.03, 22.05, and | 6 | | 22.07a and by adding Section 3.23 as follows:
| 7 | | (70 ILCS 405/2) (from Ch. 5, par. 107)
| 8 | | Sec. 2. Declaration of policy. The General Assembly | 9 | | declares it to be in the public interest to provide (a)
for the | 10 | | conservation of the soil, soil health, soil resources, organic | 11 | | matter in soil and plants, water quality and water
resources of | 12 | | this State, (b) for the control and prevention of soil
erosion, | 13 | | (c) for the prevention of air and water pollution and the | 14 | | improvement of resilience to droughts, floods, and other | 15 | | extreme weather , and (d) for
the prevention of erosion, | 16 | | floodwater and sediment
damages, and thereby to conserve | 17 | | natural resources, control floods,
prevent impairment of dams | 18 | | and reservoirs, assist in maintaining the
navigability of | 19 | | rivers and harbors, conserve wild life and forests,
protect the | 20 | | tax base, protect public lands, and protect and promote the
| 21 | | health, safety and general welfare of the people of this State.
| 22 | | The General Assembly finds that erosion continues to be a | 23 | | serious problem
throughout the State, and that rapid shifts in |
| | | HB2737 Enrolled | - 2 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | land use from agricultural
to nonagricultural uses, changes in | 2 | | farm enterprises, operations, ownership,
construction of | 3 | | housing, industrial and commercial developments, streets,
| 4 | | highways, recreation areas, schools, colleges and | 5 | | universities, and other
land disturbing activities have | 6 | | accelerated the process of soil erosion
and sediment deposition | 7 | | resulting in reduced resilience to floods, droughts, and other | 8 | | extreme weather, pollution of the waters of the State
and | 9 | | damage to domestic, agricultural, industrial, recreational, | 10 | | fish and
wildlife, and other resource uses. It is, therefore, | 11 | | declared to be the
policy of this State to strengthen and | 12 | | extend the present erosion and sediment
control activities and | 13 | | programs for both rural and urban lands, and to establish
and | 14 | | implement, through the Department and soil and water | 15 | | conservation districts
in cooperation with units of local | 16 | | government, school districts, other political
subdivisions of | 17 | | this State, agencies of this State and other public agencies
| 18 | | and private entities, a statewide comprehensive and | 19 | | coordinated erosion
and sediment control program to conserve | 20 | | and protect land, water, air and
other resources.
| 21 | | The provisions of the " Local Governmental and Governmental | 22 | | Employees
Tort Immunity Act " shall apply to all districts | 23 | | created pursuant to this Act.
| 24 | | (Source: P.A. 84-114.)
| 25 | | (70 ILCS 405/3.23 new) |
| | | HB2737 Enrolled | - 3 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | Sec. 3.23. "Soil health" means the overall composition of | 2 | | the soil, including the amount of organic matter stored in the | 3 | | soil, and the continued capacity of soil to function as a vital | 4 | | living ecosystem that sustains plants, animals, and humans.
| 5 | | (70 ILCS 405/10) (from Ch. 5, par. 115)
| 6 | | Sec. 10. Findings and
determinations of Department. After | 7 | | such hearing, if the Department determines upon the facts
| 8 | | presented at such hearing and upon such other relevant facts | 9 | | and
information as may be available that there is need in the | 10 | | interest of the
public health, safety, and welfare, for a soil | 11 | | and water conservation
district to function in the territory | 12 | | considered at the hearing, it shall
make and record such | 13 | | determination and shall define by metes and bounds, or
by legal | 14 | | subdivisions, the boundaries of such district. In making such
| 15 | | determination and in defining such boundaries, the Department | 16 | | shall give
due weight and consideration to the following | 17 | | matters which are hereby
stated to be the standards which shall | 18 | | guide the considerations of the
Department: The topography of | 19 | | the area considered and of the State; the
composition of soils | 20 | | therein ; the distribution of erosion; the prevailing
land use | 21 | | practices; the desirability and necessity of including within | 22 | | the
boundaries the particular lands under consideration and the | 23 | | benefits such
lands may receive from being included within such | 24 | | boundaries; the relation
of the proposed area to existing | 25 | | watersheds and agricultural regions and to
other soil |
| | | HB2737 Enrolled | - 4 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | conservation districts already organized or proposed for
| 2 | | organization under the provisions of this Act, and such other | 3 | | physical,
geographical, and economic factors as are relevant. | 4 | | The territory to be
included within such boundaries need not be | 5 | | contiguous. No territory shall
be included within the | 6 | | boundaries of more than one district. In cases where
territory | 7 | | is proposed to be added to an existing district, the Department
| 8 | | shall also consider the attitude of the district directors as | 9 | | expressed at
the hearing, by resolution or otherwise.
| 10 | | If the Department determines after such hearing, and after | 11 | | due
consideration of the above-mentioned facts and standards | 12 | | that there is no
need for a soil and water conservation | 13 | | district for the territory
considered at the hearing, it shall | 14 | | record such determination and deny the
petition. No subsequent | 15 | | petitions covering the same or substantially the
same territory | 16 | | shall be filed as aforesaid until after the expiration of
one | 17 | | year from the date of such denial.
| 18 | | (Source: Laws 1961, p. 530 .)
| 19 | | (70 ILCS 405/22.01) (from Ch. 5, par. 127.1)
| 20 | | Sec. 22.01.
To initiate and conduct surveys, | 21 | | investigations and research and to
develop comprehensive plans | 22 | | for the conservation of soil and water
resources , improvement | 23 | | of soil health, and for the control and prevention of soil | 24 | | erosion and erosion,
floodwater and sediment damages within the | 25 | | district, which plans shall
specify in such detail as may be |
| | | HB2737 Enrolled | - 5 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | practicable the acts, procedure,
performances and avoidances | 2 | | which are necessary or desirable for the
effectuation of such | 3 | | plans, including the specification of engineering
operations, | 4 | | methods of cultivation, the growing of vegetation, cropping
| 5 | | programs, tillage practices, incorporation of perennial | 6 | | plants, and changes in use of land; and, with the
approval and | 7 | | assistance of the Department, to publish such plans and
| 8 | | information and bring them to the attention of owners and | 9 | | occupiers of land
within the district.
| 10 | | (Source: P.A. 77-1757 .)
| 11 | | (70 ILCS 405/22.03) (from Ch. 5, par. 127.3)
| 12 | | Sec. 22.03.
To cooperate, or enter into agreements with, | 13 | | and within the
limits of appropriations duly made available to | 14 | | it by law, to furnish
financial or other aid to, any agency, | 15 | | governmental or otherwise, or any
owner or occupier of lands | 16 | | within the district, in the carrying on of soil health | 17 | | improvement,
erosion-control , and flood prevention operations | 18 | | within the district,
subject to such conditions as the | 19 | | directors may deem necessary to advance
the purposes of this | 20 | | Act.
| 21 | | (Source: Laws 1955, p. 189.)
| 22 | | (70 ILCS 405/22.05) (from Ch. 5, par. 127.5)
| 23 | | Sec. 22.05.
To make available, on such terms as it shall | 24 | | prescribe, to
landowners or occupiers within the district, the |
| | | HB2737 Enrolled | - 6 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | use of agricultural and
engineering machinery and equipment, | 2 | | and such other material or equipment
as will assist such | 3 | | landowners or occupiers to carry on operations upon
their lands | 4 | | for the conservation and improvement of soil health and soil | 5 | | and water resources and for the
prevention and control of loss | 6 | | of soil health, soil erosion , and erosion floodwater and | 7 | | sediment
damages.
| 8 | | Soil and water conservation districts may engage in the | 9 | | direct sale of
trees,
shrubs, or other plant materials as | 10 | | provided in this Section. Plant materials
that may
be sold are | 11 | | seeds of annual or perennial plants, bare-root stock, or stock | 12 | | in
pots not
to exceed one gallon. The plant material shall be | 13 | | advertised as follows:
| 14 | | "These plants are for conservation purposes only and | 15 | | shall not be
used as ornamentals or for landscaping."
| 16 | | For purposes of this Section, "stock" means hardwood trees | 17 | | not to
exceed 48 inches, conifers not to exceed 36 inches, | 18 | | shrubs not to exceed 24
inches, or any other plant materials | 19 | | not to exceed 24 inches.
| 20 | | (Source: P.A. 90-48, eff. 1-1-98.)
| 21 | | (70 ILCS 405/22.07a) (from Ch. 5, par. 127.7a)
| 22 | | Sec. 22.07a.
To cooperate and effectuate agreements with | 23 | | individuals or
agencies of government, and to plan, construct, | 24 | | operate, and maintain
programs and projects relating to the | 25 | | improvement of soil health and conservation of the renewable |
| | | HB2737 Enrolled | - 7 - | LRB101 09592 AWJ 54690 b |
|
| 1 | | natural
resources of soil, water, forests, fish, wildlife, and | 2 | | air in this state,
for the control and prevention of loss of | 3 | | soil health, soil erosion, floods, flood water and
sediment | 4 | | damages, and impairment of dams and reservoirs; to assist in
| 5 | | maintaining the navigability of rivers and harbors, and in | 6 | | addition, to
cooperate with local interests and agencies of | 7 | | government in providing
domestic and industrial municipal and | 8 | | agricultural water supplies and
recreational project | 9 | | developments and improvements.
| 10 | | (Source: Laws 1963, p. 3492.)
|
|