SB2504 94TH GENERAL ASSEMBLY

LRB094 18520 RSP 53848 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2504

Introduced 1/18/2006, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

520 ILCS 10/2	from Ch. 8, par. 332
520 ILCS 10/10	from Ch. 8, par. 340
520 ILCS 10/11	from Ch. 8, par. 341
525 ILCS 30/3	from Ch. 105, par. 703
525 ILCS 30/3.01-a new
525 ILCS 30/3.02-a new
525 ILCS 30/3.08-a new
525 ILCS 30/3.17 new
525 ILCS 30/17	from Ch. 105, par. 717

Amends the Illinois Endangered Species Protection Act. In a Section requiring units of local government and State agencies (now, agencies and local governments) to consult with the Department as to whether actions authorized, funded, or carried out by them are likely to jeopardize the continued existence of Illinois listed endangered and threatened species or are likely to result in the destruction or adverse modification of the essential habitat of such species, authorizes any party seeking authorization or funding to initiate the consultation process on behalf of the State agency or unit of local government from which the authorization or funding is sought. Provides that if a unit of local government or State agency is diligently proceeding with the consultation process in accordance with this Act, the unit of local government or State agency shall not be subject to any claim of inverse condemnation. Requires the Department to assign an expiration date to each individual compliance consultation. Adds certain definitions. Amends the Illinois Natural Areas Preservation Act to make corresponding changes. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning wildlife.

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

Section 5. The Illinois Endangered Species Protection Act is amended by changing Sections 2, 10, and 11 as follows:

(520 ILCS 10/2) (from Ch. 8, par. 332)

Sec. 2. As used in this Act the following words have the following meanings:

"Authorization" or "authorized" means any permitting, licensing, zoning, or other approval provided by a unit of local government or State agency.

"Board" means the Endangered Species Protection Board created by this Act.

"Carried out" means activity conducted by, or on behalf of, a unit of local government or State agency, or its agents, through contract, agreement, or other arrangement.

"Conservation" means to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation and transplantation.

"Department" means the Department of Natural Resources and "Director" means the Director of that Department.

"Endangered Species" means any species of plant or animal classified as endangered under the Federal Endangered Species Act of 1973, P.L. 93-205, and amendments thereto, plus such other species which the Board may list as in danger of extinction in the wild in Illinois due to one or more causes including but not limited to, the destruction, diminution or disturbance of habitat, overexploitation, predation, pollution, disease, or other natural or manmade factors affecting its prospects of survival.

"Funded" or "funding" means any grant, loan, loan guarantee, bond, or other public financing provided by a unit of local government or State agency.

"Threatened Species" means any species of plant or animal classified as threatened under the Federal Endangered Species Act of 1973, P.L. 93-205, and amendments thereto, plus such other species which the Board may list as likely to become endangered in the wild in Illinois within the foreseeable future.

"Animal" means those organisms commonly included in the science of zoology and generally distinguished from plants by possession of a nervous system and the ability to move from place to place, including all invertebrates such as sponges and mollusks as well as vertebrates such as fishes, amphibians, reptiles, birds, and mammals.

"Animal Product" means the fur, hide, skin, teeth, feathers, tusks, claws, eggs, nests or the body or any portion thereof whether in a green or raw state or as a product manufactured or refined from an animal protected under this Act or under rules issued pursuant to this Act.

"Plant" means any organism not considered to be an animal, and shall include such organisms as algae, fungi, bryophytes, and ferns, as well as flowering plants and conifers.

"Plant Product" means any plant body or part thereof removed from natural habitat, including seeds, fruits, roots, stems, flowers, leaves, or products made from any of these, including extracts or powders.

"Essential Habitat" means the specific ecological conditions required by an endangered or threatened species for its survival and propagation, or physical examples of these conditions.

"Take" means, in reference to animals and animal products, to harm, hunt, shoot, pursue, lure, wound, kill, destroy, harass, gig, spear, ensnare, trap, capture, collect, or to attempt to engage in such conduct. "Take" means, in reference to plants and plant products, to collect, pick, cut, dig up, kill, destroy, bury, crush, or harm in any manner.

"Illinois List" means a list of species of animals and plants listed by the Board as endangered or threatened.

"Person" means any individual, firm, corporation, partnership, trust, association, private entity, government agency, or their agents, and representatives.

"Unit of local government" means all those units of local government as defined in Article 7, Section 1 of the Constitution of the Sate of Illinois, as well as any boards or commissions and subdivisions of these units of local government, and includes school and community college districts.

(Source: P.A. 89-445, eff. 2-7-96.)

(520 ILCS 10/10) (from Ch. 8, par. 340)

Sec. 10. The Endangered and Threatened Species Program shall be located within the Department of Natural Resources Conservation. All fines collected under this Act shall be paid to the State Treasurer and deposited in the Nongame Wildlife Preservation Conservation Fund.

(Source: P.A. 84-1065.)

(520 ILCS 10/11) (from Ch. 8, par. 341)

Sec. 11. Conservation program; public policy; rules.

(a) The Department, with the advice of the Board, shall actively plan and implement a program for the conservation of endangered and threatened species, by means which should include published data search, research, management, cooperative agreements with other agencies, identification, protection and acquisition of essential habitat, support of beneficial legislation, issuance of grants from appropriated funds, and education of the public.

(b) It is the public policy of all State agencies of State and units of local governments to utilize their authorities in furtherance of the purposes of this Act by evaluating through a consultation process with the Department whether actions authorized, funded, or carried out by them are likely to jeopardize the continued existence of Illinois listed endangered and threatened species or are likely to result in the destruction or adverse modification of the designated essential habitat of such species, except that any party seeking authorization or funding may initiate the consultation process on behalf of the State agency or unit of local government from which the authorization or funding is sought. The resulting Department review shall be made available to the entity initiating the review prior to authorizing or funding the proposed action. The policy stated in this subsection which policy shall be enforceable only by writ of mandamus. If ; and where a State or local agency or unit of local government completes the consultation process in accordance with this Act and regulations promulgated thereunder, does so consult in furtherance of this public policy, the such State or local agency or unit of local government shall be deemed to have complied with its obligations under the "Illinois Endangered Species Act", provided the agency action shall not result in the wounding, killing, or destroying injuring of any Illinois listed animal species, or provided that authorization for taking a listed species has been issued under Section 4, 5, or 5.5 of this Act. If a unit of local government or State agency is diligently proceeding with the consultation process in accordance with this Act, the unit of local government or State agency shall not be subject to any claim of inverse condemnation. The Department shall assign an expiration date to each individual consultation initiated under this Section. This paragraph (b) shall not apply to any project of a State agency on which a biological opinion has been issued (in accordance with Section 7 of the Federal Endangered Species Act) prior to the effective date of this amendatory Act of 1985 stating that the action proposed by said project will not jeopardize the continued existence of any federal listed endangered or threatened species.

(c) The Department shall have the authority to adopt such rules as are reasonable and necessary to implement the provisions of this Act.

(Source: P.A. 91-556, eff. 1-1-00.)

Section 10. The Illinois Natural Areas Preservation Act is amended by changing Sections 3 and 17 and by adding Sections 3.01-a, 3.08-a, 3.02-a, and 3.17 as follows:

(525 ILCS 30/3) (from Ch. 105, par. 703)

Sec. 3. Unless the context otherwise requires, the terms defined in Sections 3.01 through 3.17 3.16 have the meanings ascribed to them in those Sections.

(Source: P.A. 82-445.)

(525 ILCS 30/3.01-a new)

Sec. 3.01-a. "Authorized" means any permitting, licensing, zoning, or other approval provided by a unit of local government or State agency.

(525 ILCS 30/3.02-a new)

Sec. 3.02-a. "Carried out" means activity conducted by, or on behalf of, a unit of local government or State agency, or its agents, through contract, agreement, or other arrangement.

(525 ILCS 30/3.08-a new)

Sec. 3.08-a. "Funded" means any grant, loan, loan guarantee, bond, or other public financing provided by a unit of local government or State agency.

(525 ILCS 30/3.17 new)

Sec. 3.17. "Unit of local government" means all those units of local government as defined in Article 7, Section 1 of the Constitution of the State of Illinois, as well as any boards or commissions and subdivisions of these units of local government, and includes school and community college districts.

(525 ILCS 30/17) (from Ch. 105, par. 717)

Sec. 17. All State agencies and units of local government public agencies shall recognize that the protection of nature preserves, buffer areas, and registered areas is the public policy of the State of Illinois and shall avoid the planning of any action that would adversely affect them.

It shall be the public policy of each State agency of State or unit of local government to utilize its authority in furtherance of the purposes of this Act, and to evaluate, through a process of consultation with the Department, whether the actions, including capital projects, that are authorized, funded, or carried out by the State agency of State or unit of local government are likely to result in the destruction or adverse modification of any natural area that is dedicated or registered under this Act or identified in the Illinois Natural Areas Inventory. Any other party seeking authorization or funding from a unit of local government or State agency may initiate the consultation process on behalf of the unit of local government or State agency from which the authorization or funding is sought. The resulting Department review shall be made available to the entity initiating the review prior to authorizing or funding the proposed action.

The consultation evaluation shall be conducted early in the planning of a proposed action. If, through consultation with the Department, the proposed action is found likely to adversely modify have an adverse impact on a natural area, the State agency or unit of local government shall study the proposed action to determine possible methods of reducing, eliminating, or mitigating the adverse modification impact. Before authorizing, funding, or carrying out implementing any action, the State agency or unit of local government shall attempt to mitigate or eliminate any adverse modifications impacts in a manner consistent with the planned action. The Department, Commission, or any affected person may seek a writ of mandamus to compel an agency of State or local government to engage in the evaluation and study required by this Section. The Department shall assign an expiration date to each individual consultation initiated under this Section

(Source: P.A. 88-139.)

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