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90_HB2647 30 ILCS 105/5.480 new 510 ILCS 77/27 new Amends the Livestock Management Facilities Act. Creates an odor control cost share program administered by the Department of Agriculture. Provides that the Department shall, subject to appropriation, reimburse approved owners or operators of livestock management or waste handling facilities for odor control costs concerning manure removal and field application. Provides that odor control plans shall implement the methods developed by the Illinois Council on Food and Agricultural Research. Establishes application procedures and payment limits for the program. Amends the State Finance Act to create the Odor Control Cost Share Program Fund. Effective immediately. LRB9009103PTsb LRB9009103PTsb 1 AN ACT concerning livestock waste management. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.480 as follows: 6 (30 ILCS 105/5.480 new) 7 Sec. 5.480. The Odor Control Cost Share Program Fund. 8 Section 10. The Livestock Management Facilities Act is 9 amended by adding Section 27 as follows: 10 (510 ILCS 77/27 new) 11 Sec. 27. Odor control cost share program. 12 (a) An odor control cost share program is created and 13 shall be administered by the Department of Agriculture. The 14 Department shall design the program to assist approved owners 15 or operators of livestock management facilities or livestock 16 waste handling facilities with the cost of odor control 17 methods during the course of manure removal and field 18 application. The cost share program shall implement the odor 19 control methods developed by the Illinois Council on Food and 20 Agricultural Research. The Department shall, subject to 21 appropriation, make the cost share payments from the Odor 22 Control Cost Share Program Fund, a special fund created in 23 the State Treasury. 24 (b) An owner or operator who desires to participate in 25 the cost share program shall submit an odor control plan as 26 prescribed by the Department. At a minimum, the plan shall 27 include (i) verification of compliance with this Act's 28 provisions concerning waste lagoon registration, waste 29 management plans, and livestock manager certification, (ii) -2- LRB9009103PTsb 1 verification that the owner or operator has not violated the 2 odor control provisions of Section 25 or agricultural 3 pollution rules adopted under the Environmental Protection 4 Act, (iii) a description of the livestock management facility 5 or livestock waste handling facility to be assisted under the 6 plan, (iv) the current and a projected number of animal units 7 served or to be served by the facility, (v) a description of 8 current and planned odor control practices, (vi) an 9 estimation of the cost of these practices, (vii) evidence of 10 financial responsibility to provide the determined cost share 11 amount of the program, and (viii) a description of the odor 12 control goals of the facility concerning the surrounding 13 community. After reviewing the submitted plans, the 14 Department shall determine the owners or operators who are 15 approved for the cost share program. With the cooperation of 16 the owner or operator, the Department shall make necessary 17 revisions in the odor control plan to implement the methods 18 recommended by the Illinois Council on Food and Agricultural 19 Research. The Department shall be responsible for approving 20 any revisions by the owner or operator to the submitted odor 21 control plans. Plans shall be submitted and evaluated 22 annually for Department approval. An owner or operator who 23 has committed a violation of the odor control provisions of 24 Section 25 or the agricultural pollution rules adopted under 25 the Environmental Protection Act shall not be eligible to 26 participate in the cost share program for 5 years after the 27 violation. 28 (c) The Department of Agriculture shall enter into 29 agreements with owners or operators approved for the cost 30 share plan under which the Department shall agree to pay to 31 the owner or operator up to 25% of the total cost of the 32 implementation of odor control methods described in the plan. 33 The owner or operator shall agree to pay 75% or more of the 34 plan's total cost. Upon verification by the Department that -3- LRB9009103PTsb 1 the owner or operator has paid 100% of the total cost of the 2 odor control plan, the Department shall reimburse the owner 3 or operator for the amount stated in the agreement. The 4 amount of the cost share payment for an approved owner or 5 operator shall be determined from rules promulgated by the 6 Department that structure payment limits in direct 7 correlation with the number of animal units served by a 8 facility. The Department shall categorize facilities based on 9 the number of animal units served, and the amount of the cost 10 share payment shall increase on an ascending scale to 11 correspond with the ascending size category of a facility. 12 The maximum amount that the Department may pay to an owner or 13 operator for each of his or her livestock management or waste 14 handling facilities is 25% of the plan costs or $50,000, 15 whichever is less, and this maximum payment amount is 16 reserved for the category of facilities serving 1,000 or more 17 animal units. 18 (d) Upon the transfer of his or her right or interest in 19 the livestock management facility or livestock waste handling 20 facility or a change in the use of a facility so that odor 21 control methods are no longer necessary, the owner or 22 operator shall forfeit all rights to future payments and 23 other benefits resulting from an approved odor control plan. 24 The rights to benefits and payments of the cost share program 25 are not transferable. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.
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