Illinois General Assembly - Full Text of SB2744
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Full Text of SB2744  94th General Assembly

SB2744eng 94TH GENERAL ASSEMBLY



 


 
SB2744 Engrossed LRB094 17492 RSP 52787 b

1     AN ACT concerning environmental protection.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 adding Section 31.3 as follows:
 
6     (415 ILCS 5/31.3 new)
7     Sec. 31.3. Nuisance; livestock management facilities.
8     (a) The General Assembly finds and declares that the
9 federal, State, and local governmental entities that have been
10 empowered to regulate the siting, design, construction, and
11 operation of a proposed livestock management facility are, with
12 respect to the matters subject to their respective authorities,
13 in the best possible position to determine whether the proposed
14 facility is likely to create an actual or potential nuisance
15 when sited, designed, constructed, and operated as authorized.
16     (b) No person may bring a civil suit based on potential
17 nuisance with respect to a proposed livestock management
18 facility until all required federal, State, and local permits
19 and approvals for the proposed facility (including without
20 limitation any permits or approvals required under this Act,
21 the Livestock Management Facilities Act, or any applicable
22 local siting approval, zoning, land use, or other requirements)
23 have been granted.
24     (c) In any civil suit based on potential nuisance brought
25 with respect to a proposed livestock management facility, from
26 the time when all required federal, State, and local permits
27 and approvals have been granted until animals are present and
28 operations have actually begun at the proposed facility, it
29 shall be presumed that the facility can be lawfully operated in
30 accordance with those permits.
31     (d) This Section does not limit:
32         (1) the authority of the Agency to consider or

 

 

SB2744 Engrossed - 2 - LRB094 17492 RSP 52787 b

1     determine any matter or question relating to the siting,
2     design, construction, or operation of a proposed livestock
3     management facility;
4         (2) the right of any person to raise a question about
5     the likelihood of creating an actual or potential nuisance
6     while lawfully participating in a public hearing or permit
7     appeal process; or
8         (3) the right of any person to bring a civil suit based
9     on actual or potential nuisance with respect to all or any
10     part of a livestock management facility in actual
11     operation.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.