HB1792 102ND GENERAL ASSEMBLY

LRB102 10936 CPF 16268 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1792

Introduced 2/17/2021, by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-32

Creates the Illinois Partners for Nutrient Loss Reduction Act. Provides legislative findings. Amends the State Finance Act. Provides that moneys in the Partners for Conservation Fund and the Partners for Conservation Projects Fund may be used to implement the State's Nutrient Loss Reduction Strategy, including funding for specified needs. Provides that the State Comptroller shall automatically transfer moneys to the Partners for Conservation Fund through June 30, 2027 (currently, 2021). Specifies the amount of moneys transferred to the Fund from 2022 through 2027 (currently, only for 2021). Specifies amounts and uses for moneys to be used by the Fund through specified years. Provides specified amounts to be transferred from the General Revenue Fund into the Partners for Conservation Fund for each year of 2022 through 2027. Provides that for years 2022 through 2027 funding from the Partners for Conservation Fund shall be provided to the Environmental Protection Agency, the Department of Agriculture, and the Department of Natural Resources annually in specified amounts and for specified uses. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning nutrient loss reduction.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. References to Act. This Act may be referred to as the Illinois Partners for Nutrient Loss Reduction Act.

Section 3. Findings. The General Assembly finds that:

(1) Excessive levels of nutrients are degrading the quality of streams, rivers, and lakes within the State of Illinois and contributing to the dead zone in the Gulf of Mexico.

(2) The State's Environmental Protection Agency and Department of Agriculture collaborated with the Policy Working Group, working with academics, environmental nonprofits, representatives of federal, State, and local agencies, wastewater treatment professionals, and the agricultural community to develop the Illinois Nutrient Loss Reduction Strategy in 2015. They continue to collaborate to implement the Strategy.

(3) The Strategy sets a milestone to reduce nitrogen loads in Illinois waters that leave the State by 15% and phosphorus loads by 25% by 2025 from baseline levels of 1980-1996. One goal is to reduce both nitrogen and phosphorus loads by 45%.

(4) The Environmental Protection Agency, the Department of Natural Resources, and the Department of Agriculture require resources to administer and implement the Strategy in order to meet the Strategy's 2025 milestone and goal.

(5) Nutrient capture practices cost share grants will assist Illinois' agricultural economy in meeting the goals of the Strategy.

(6) Soil and Water Conservation Districts assist Illinois farmers in implementing nutrient capture practices on their farmland.

Section 5. The State Finance Act is amended by changing Section 6z-32 as follows:

(30 ILCS 105/6z-32)

Sec. 6z-32. Partners for Planning and Conservation.

(a) The Partners for Conservation Fund (formerly known as the Conservation 2000 Fund) and the Partners for Conservation Projects Fund (formerly known as the Conservation 2000 Projects Fund) are created as special funds in the State Treasury. These funds shall be used to establish a comprehensive program to protect Illinois' natural resources through cooperative partnerships between State government and public and private landowners. Moneys in these Funds may be used, subject to appropriation, by the Department of Natural Resources, Environmental Protection Agency, and the Department of Agriculture for purposes relating to natural resource protection, planning, recreation, tourism, and compatible agricultural and economic development activities. Without limiting these general purposes, moneys in these Funds may be used, subject to appropriation, for the following specific purposes:

(1) To foster sustainable agriculture practices and control soil erosion, and sedimentation, and nutrient loss from farmland, including grants to Soil and Water Conservation Districts for conservation practice cost-share grants and for personnel, educational, and administrative expenses.

(2) To establish and protect a system of ecosystems in public and private ownership through conservation easements, incentives to public and private landowners, natural resource restoration and preservation, water quality protection and improvement, land use and watershed planning, technical assistance and grants, and land acquisition provided these mechanisms are all voluntary on the part of the landowner and do not involve the use of eminent domain.

(3) To develop a systematic and long-term program to effectively measure and monitor natural resources and ecological conditions through investments in technology and involvement of scientific experts.

(4) To initiate strategies to enhance, use, and maintain Illinois' inland lakes through education, technical assistance, research, and financial incentives.

(5) To partner with private landowners and with units of State, federal, and local government and with not-for-profit organizations in order to integrate State and federal programs with Illinois' natural resource protection and restoration efforts and to meet requirements to obtain federal and other funds for conservation or protection of natural resources.

(6) To implement the State's Nutrient Loss Reduction Strategy, including, but not limited to, funding the resources needed to support the Strategy's Policy Working Group, cover water quality monitoring in support of Strategy implementation, prepare a biennial report on the progress made on the Strategy every 2 years, and provide cost share funding for nutrient capture projects.

(b) The State Comptroller and State Treasurer shall automatically transfer on the last day of each month, beginning on September 30, 1995 and ending on June 30, 2027 2021, from the General Revenue Fund to the Partners for Conservation Fund, an amount equal to 1/10 of the amount set forth below in fiscal year 1996 and an amount equal to 1/12 of the amount set forth below in each of the other specified fiscal years:

(c) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be provided for by law, on the last day of each month beginning on July 31, 2006 and ending on June 30, 2007, or as soon thereafter as may be practical, the State Comptroller shall direct and the State Treasurer shall transfer $1,000,000 from the Open Space Lands Acquisition and Development Fund to the Partners for Conservation Fund (formerly known as the Conservation 2000 Fund).

(d) There shall be deposited into the Partners for Conservation Projects Fund such bond proceeds and other moneys as may, from time to time, be provided by law.

(e) For years 2022 through 2027, $1,075,000 from the Partners for Conservation Fund shall be provided annually to the Agency and used as follows:

(1) $530,000 for coordination of Strategy implementation, including, but not limited to, meeting coordination, reporting, and watershed coordination; and

(2) $545,000 to cover water quality monitoring in support of Strategy implementation.

(f) For years 2022 through 2027, funding from the Partners for Conservation Fund shall be provided annually to the Department of Agriculture:

(1) to be used for Soil and Water Conservation Districts for personnel, educational, and administrative expenses;

(2) to fund the Cover Crops Insurance Premium Discount Program; and

(3) for conservation practices cost share grants and technical assistance.

Funding provided to the Department of Agriculture under this subsection shall be in the amount set forth below in each of the specified fiscal years:

(g) For years 2022 through 2027, $7,000,000 funding from the Partners for Conservation Fund shall be provided annually to the Department of Natural Resources and used as follows:

(1) $6,000,000 for personnel, educational, administrative, and conservation practices expenses; and

(2) $1,000,000 for conservation practices on publicly owned property of the Department of Natural Resources, and its surrounding area, that is leased to agricultural producers.

In this Section, "strategy" means the Illinois Environmental Protection Agency's 2015 Illinois Nutrient Loss Reduction Strategy and its biennial reports of 2017 and 2019.

(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)

Section 99. Effective date. This Act takes effect upon becoming law.