HB3805 94TH GENERAL ASSEMBLY

LRB094 10126 EFG 40387 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3805

Introduced 2/25/2005, by Rep. Rich Brauer

SYNOPSIS AS INTRODUCED:

415 ILCS 5/31.3 new

Amends the Environmental Protection Act. Provides that no person may bring a civil suit based on actual or potential nuisance with respect to a proposed livestock management facility until all required federal, State, and local permits and approvals for the proposed facility have been granted. Provides that, from the time when all required federal, State, and local permits and approvals have been granted until animals are present and operations have actually begun at the proposed facility, it shall be presumed that a proposed livestock management facility can be lawfully operated in accordance with those permits and approvals without creating an actual or potential nuisance. Includes related findings and declarations. Effective immediately.

A BILL FOR

AN ACT concerning environmental protection.

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

Section 5. The Environmental Protection Act is amended by adding Section 31.3 as follows:

(415 ILCS 5/31.3 new)

Sec. 31.3. Nuisance; livestock management facilities.

(a) The General Assembly finds and declares that it is not possible to determine whether the operation of a proposed livestock management facility is likely to create an actual or potential nuisance until all required federal, State, and local permits and approvals for the proposed facility have been granted, because those permits and approvals affect and determine the operating conditions for the proposed facility.

The General Assembly further finds and declares that the federal, State, and local governmental entities that have been empowered to regulate the siting, design, construction, and operation of a proposed livestock management facility are, with respect to the matters subject to their respective authorities, in the best possible position to determine whether the proposed facility is likely to create an actual or potential nuisance when sited, designed, constructed, and operated as authorized.

(b) No person may bring a civil suit based on actual or potential nuisance with respect to a proposed livestock management facility until all required federal, State, and local permits and approvals for the proposed facility (including without limitation any permits or approvals required under this Act, the Livestock Management Facilities Act, or any applicable local siting approval, zoning, land use, or other requirements) have been granted.

(c) In any civil suit based on actual or potential nuisance brought with respect to a proposed livestock management facility, from the time when all required federal, State, and local permits and approvals have been granted until animals are present and operations have actually begun at the proposed facility, it shall be presumed that the facility can be lawfully operated in accordance with those permits and approvals without creating an actual or potential nuisance.

(d) This Section does not limit:

(1) the authority of the Agency to consider or determine any matter or question relating to the siting, design, construction, or operation of a proposed livestock management facility;

(2) the right of any person to raise a question about the likelihood of creating an actual or potential nuisance while lawfully participating in a public hearing or permit appeal process; or

(3) the right of any person to bring a civil suit based on actual or potential nuisance with respect to all or any part of a livestock management facility in actual operation.

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