HB4566eng 104TH GENERAL ASSEMBLY

HB4566 Engrossed LRB104 17775 WRO 31207 b

AN ACT concerning State government.

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

Section 5. The Natural Resources Restoration Trust Fund Act is amended by changing Sections 5 and 10 and by adding Sections 15, 20, 25, and 30 as follows:

(20 ILCS 882/5)

Sec. 5. Definitions. As used in this Act:

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Fund" means the Natural Resources Restoration Trust Fund created in Section 10 of this Act.

(Source: P.A. 98-1010, eff. 8-19-14.)

(20 ILCS 882/10)

Sec. 10. The Natural Resources Restoration Trust Fund.

(a) There is hereby created in the State treasury the Natural Resources Restoration Trust Fund to receive deposits of moneys available from or intended for the investigation, assessment, restoration, or replacement of injured or damaged natural resources resulting from claims pursued under the laws of the United States, this State, or other statutory or common law. The fund may receive deposits of moneys made available from any other source. All moneys in the fund are to be invested and reinvested by the State Treasurer. All interest accruing from these investments shall be deposited in the fund. Moneys received through settlement or litigation of claims for injured natural resources and directed at the restoration, rehabilitation, replacement, or the acquisition of the equivalent of injured natural resources and the benefits they provide, shall be available for those uses until the funds are expended.

(b) All moneys deposited into the fund shall be used by the Department of Natural Resources to:

(1) Take necessary or appropriate action to investigate and assess the nature and extent of injuries or damage to Illinois natural resources and the benefits they provide.

(2) Take necessary or appropriate action to restore, rehabilitate, replace, or acquire the equivalent of injured or damaged natural resources and the benefits they provide.

(3) Meet any requirements which must be met by the State in order to obtain federal funds, or any other funds, to address injury or damage to natural resources.

(4) Pay for the cost of Department personnel, contractual, professional, or technical services to review or perform natural resource injury or damage assessments, natural resource restoration or replacement actions, environmental or ecological risk assessments, environmental impact assessment actions, or other activities related to environmental contamination of real property.

(5) Administer the provisions of this Section.

(6) Issue grants as authorized by this Act.

(c) The General Assembly shall annually appropriate to the fund such amounts as it deems necessary to fulfill the purposes of this Section.

(d) The Department may accept, receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes set forth in this Section. These moneys may be in addition to any other funds otherwise appropriated to the Department for similar purposes. Interest or income earned on moneys deposited into the fund shall be retained in the fund to be used by the Department pursuant to the provisions of this Section.

(Source: P.A. 98-1010, eff. 8-19-14.)

(20 ILCS 882/15 new)

Sec. 15. Natural Resource Restoration Trust Grant Program. The Department shall establish the Natural Resource Restoration Trust Grant Program to make grants to applicants for the restoration or replacement of injured or damaged natural resources resulting from claims pursued under the laws of the United States, the laws of this State, other statutory laws, or common law. The Natural Resources Restoration Trust Grant Program shall exist for the purpose of restoring, rehabilitating, replacing, or acquiring the equivalent of injured natural resources and ecosystem services similar to those injured as a result of a pollution event, regardless of the length of time or size of the event, subject to the conditions and limitations set forth in this Act or for the purposes as directed by a Court order.

(20 ILCS 882/20 new)

Sec. 20. Entities that may apply to grant program. Entities that may apply to the Department for a grant under this Act include:

(1) units of local government;

(2) soil and water conservation districts;

(3) area-wide agencies, including counties, regional planning agencies, or both;

(4) nonprofit organizations;

(5) institutes of higher education;

(6) port authorities; and

(7) federally recognized tribes.

(20 ILCS 882/25 new)

Sec. 25. Eligibility for grants. The Department shall issue grants pursuant to this Act if the following conditions are met:

(1) The grant complies with the purpose for which the Department was to provide funds and the requirements of all applicable court orders.

(2) The grant complies with the criteria established by rule for the issuance of the grant.

No grant shall be awarded to a grantee that is responsible for the pollution event that is the subject or basis for the issuance of the grant.

(20 ILCS 882/30 new)

Sec. 30. Rulemaking authority. The Department shall adopt rules to administer this Act.

Section 99. Effective date. This Act takes effect January 1, 2027.