Illinois General Assembly - Full Text of HB5204
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Full Text of HB5204  102nd General Assembly

HB5204ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 2/28/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5204

2    AMENDMENT NO. ______. Amend House Bill 5204 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Bird Conservation Commission Act. References in this Article
7to "this Act" mean this Article.
 
8    Section 1-5. Creation of Bird Conservation Commission. The
9Bird Conservation Commission is created for the purpose of
10promoting bird conservation and providing education and
11awareness concerning bird conservation. For purposes of this
12Act, "Commission" means the Bird Conservation Commission.
 
13    Section 1-10. Duties.
14    (a) The Commission shall provide public education and

 

 

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1awareness concerning the population decline of the avian
2population in North America, the migratory pathway through the
3State, bird conservation issues, the impact that lighting and
4glass on structures have on bird collisions, and the federal
5Migratory Bird Treaty Act.
6    (b) The Commission shall make recommendations on and
7provide assistance with the enforcement of laws and
8administrative rules affecting bird conversation, including
9provisions concerning navigational lighting.
10    (c) The Commission shall collect data and evaluate the
11impact of lighted structures on bird mortality in the State.
12    (d) The Commission shall promote policies necessary to
13ensure the long-term conservation of bird populations and
14their habitats and the public's ability to enjoy birds.
 
15    Section 1-15. Administrative support. The Department of
16Natural Resources shall provide administrative and other
17support for the Commission.
 
18    Section 1-20. Membership; meetings.
19    (a) The Director of Natural Resources and the Director of
20the Illinois Environmental Protection Agency shall co-chair
21the Commission.
22    (b) Membership of the Commission shall consist of the
23following:
24        (1) one member of the Chicago Audubon Society,

 

 

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1    appointed by the Director of Natural Resources;
2        (2) one member the Bird Conservation Network,
3    appointed by the Director of Natural Resources;
4        (3) one member American Bird Conservancy, appointed by
5    the Director of Natural Resources;
6        (4) one member appointed by the Speaker of the House
7    of Representatives;
8        (5) one member appointed by the House Minority Leader;
9        (6) one member appointed by the President of the
10    Senate;
11        (7) one member appointed by the Senate Minority
12    Leader;
13        (8) one member from the Department of Natural
14    Resources appointed by the Director of Natural Resources;
15        (9) one member from the Illinois Environmental
16    Protection Agency appointed by the Director of the
17    Illinois Environmental Protection Agency; and
18        (10) one member from the Department of Agriculture
19    appointed by the Director of Agriculture.
20    (c) All State agencies represented on the Commission shall
21facilitate the prompt and timely collection and provision of
22data as requested by or on behalf of the Commission.
23    (d) The Commission shall adopt its rules for establishment
24of a quorum and the conducting of business.
25    (e) Members shall serve for terms of 3 years, except that
26any public official's expiration of a term of office shall

 

 

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1create a vacancy. Vacancies in the membership of the
2Commission shall be filled in the same manner as the original
3appointment.
4    (f) The Commission shall hold meetings quarterly:
5        (1) at times and places to be determined by the
6    co-chairing agencies;
7        (2) that may be held in person or virtually;
8        (3) that are conducted in accordance with the Open
9    Meetings Act; and
10        (4) with the first meeting occurring within 60 days of
11    the effective date of this Act.
12    (g) Members shall serve without compensation, but shall be
13reimbursed for reasonable expenses incurred in performing
14their duties.
 
15    Section 1-25. Reporting. The Commission shall prepare an
16annual report, by December 31st of each year, on the reduction
17of bird fatalities in the State, identifying issues that need
18to be addressed and making policy and legislative
19recommendations based on apparent needs. The report shall be
20provided to the Department of Natural Resources and the
21Illinois Environmental Protection Agency. The report shall be
22made public on the Department of Natural Resource's website.
23The report shall also be provided to the General Assembly.
 
24
Article 2.

 

 

 

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1    Section 2-1. Findings. The General Assembly finds that:
2    (1) There has been a dramatic loss of more than one in four
3North American birds over the past half-century. This
4widespread population decline of birds has major implications
5for ecosystem integrity and the conservation of wildlife more
6broadly.
7    (2) Each year, nearly 7 million birds die due to
8night-time collisions with communication towers.
9    (3) Switching lighting on communication towers from
10steady-burning lights to flashing lights greatly reduces
11operation and maintenance costs for tower operators and will
12help bring the Federal Communications Commission, the Federal
13Aviation Administration, and the tower industry into
14compliance with the Migratory Bird Treaty Act.
15    (4) Building collisions are a leading cause of bird
16fatalities in North America, and many of these deaths occur at
17night when lighting attracts and disorients birds.
18    (5) The use of excessive and unshielded lighting at night
19often has fatal impacts on birds, particularly during spring
20and fall migration periods as 60% of migratory bird species
21migrate at night.
22    (6) This State is a primary thoroughfare for bird
23migration in North America.
24    (7) Due to the large volume of migratory birds and the
25excessive use of lighting at night, the Cornell Lab of

 

 

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1Ornithology ranked Chicago as the "Most Dangerous City for
2Birds" in the United States.
 
3    Section 2-5. The Wildlife Code is amended by adding
4Section 3.41 as follows:
 
5    (520 ILCS 5/3.41 new)
6    Sec. 3.41. Navigational lighting. Notwithstanding any
7provision of law to the contrary:
8    (a) The Department shall encourage the owners of
9structures to eliminate nonflashing (steady burning) L-810
10lights by a January 1, 2024. The Department shall issue
11certificates of recognition to owners for eliminating
12nonflashing (steady burning) L-810 lights.
13    (b) Structures constructed with a height over 50 feet
14above ground level on or after March 1, 2022 that are located
15in ecologically sensitive areas (as the Department shall
16determine), or are within one-half mile of a forest preserve
17or federal or State park or wildlife area shall turn off all
18lights not required for safety or maintenance between 11:00
19p.m. and 7:00 a.m. during migratory seasons. The Department
20shall determine the dates of such migratory seasons and shall
21publish those dates at least 6 months in advance on the
22Department's website.
23    (c) The Department may adopt such rules as it deems
24necessary to implement the provisions of this Section.

 

 

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1    (d) As used in this Section, "structure" means any object
2constructed or installed by man, including, but without
3limitation, buildings, towers, smoke-stacks, and overhead
4transmission lines.
 
5
Article 99.

 
6    Section 99-99. Effective date. This Act takes effect upon
7becoming law.".