HB5204ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 2/28/2022

10200HB5204ham001 LRB102 25435 NLB 37069 a

AMENDMENT TO HOUSE BILL 5204

AMENDMENT NO. ______. Amend House Bill 5204 by replacing everything after the enacting clause with the following:

"Article 1.

Section 1-1. Short title. This Article may be cited as the Bird Conservation Commission Act. References in this Article to "this Act" mean this Article.

Section 1-5. Creation of Bird Conservation Commission. The Bird Conservation Commission is created for the purpose of promoting bird conservation and providing education and awareness concerning bird conservation. For purposes of this Act, "Commission" means the Bird Conservation Commission.

Section 1-10. Duties.

(a) The Commission shall provide public education and awareness concerning the population decline of the avian population in North America, the migratory pathway through the State, bird conservation issues, the impact that lighting and glass on structures have on bird collisions, and the federal Migratory Bird Treaty Act.

(b) The Commission shall make recommendations on and provide assistance with the enforcement of laws and administrative rules affecting bird conversation, including provisions concerning navigational lighting.

(c) The Commission shall collect data and evaluate the impact of lighted structures on bird mortality in the State.

(d) The Commission shall promote policies necessary to ensure the long-term conservation of bird populations and their habitats and the public's ability to enjoy birds.

Section 1-15. Administrative support. The Department of Natural Resources shall provide administrative and other support for the Commission.

Section 1-20. Membership; meetings.

(a) The Director of Natural Resources and the Director of the Illinois Environmental Protection Agency shall co-chair the Commission.

(b) Membership of the Commission shall consist of the following:

(1) one member of the Chicago Audubon Society, appointed by the Director of Natural Resources;

(2) one member the Bird Conservation Network, appointed by the Director of Natural Resources;

(3) one member American Bird Conservancy, appointed by the Director of Natural Resources;

(4) one member appointed by the Speaker of the House of Representatives;

(5) one member appointed by the House Minority Leader;

(6) one member appointed by the President of the Senate;

(7) one member appointed by the Senate Minority Leader;

(8) one member from the Department of Natural Resources appointed by the Director of Natural Resources;

(9) one member from the Illinois Environmental Protection Agency appointed by the Director of the Illinois Environmental Protection Agency; and

(10) one member from the Department of Agriculture appointed by the Director of Agriculture.

(c) All State agencies represented on the Commission shall facilitate the prompt and timely collection and provision of data as requested by or on behalf of the Commission.

(d) The Commission shall adopt its rules for establishment of a quorum and the conducting of business.

(e) Members shall serve for terms of 3 years, except that any public official's expiration of a term of office shall create a vacancy. Vacancies in the membership of the Commission shall be filled in the same manner as the original appointment.

(f) The Commission shall hold meetings quarterly:

(1) at times and places to be determined by the co-chairing agencies;

(2) that may be held in person or virtually;

(3) that are conducted in accordance with the Open Meetings Act; and

(4) with the first meeting occurring within 60 days of the effective date of this Act.

(g) Members shall serve without compensation, but shall be reimbursed for reasonable expenses incurred in performing their duties.

Section 1-25. Reporting. The Commission shall prepare an annual report, by December 31st of each year, on the reduction of bird fatalities in the State, identifying issues that need to be addressed and making policy and legislative recommendations based on apparent needs. The report shall be provided to the Department of Natural Resources and the Illinois Environmental Protection Agency. The report shall be made public on the Department of Natural Resource's website. The report shall also be provided to the General Assembly.

Article 2.

Section 2-1. Findings. The General Assembly finds that:

(1) There has been a dramatic loss of more than one in four North American birds over the past half-century. This widespread population decline of birds has major implications for ecosystem integrity and the conservation of wildlife more broadly.

(2) Each year, nearly 7 million birds die due to night-time collisions with communication towers.

(3) Switching lighting on communication towers from steady-burning lights to flashing lights greatly reduces operation and maintenance costs for tower operators and will help bring the Federal Communications Commission, the Federal Aviation Administration, and the tower industry into compliance with the Migratory Bird Treaty Act.

(4) Building collisions are a leading cause of bird fatalities in North America, and many of these deaths occur at night when lighting attracts and disorients birds.

(5) The use of excessive and unshielded lighting at night often has fatal impacts on birds, particularly during spring and fall migration periods as 60% of migratory bird species migrate at night.

(6) This State is a primary thoroughfare for bird migration in North America.

(7) Due to the large volume of migratory birds and the excessive use of lighting at night, the Cornell Lab of Ornithology ranked Chicago as the "Most Dangerous City for Birds" in the United States.

Section 2-5. The Wildlife Code is amended by adding Section 3.41 as follows:

(520 ILCS 5/3.41 new)

Sec. 3.41. Navigational lighting. Notwithstanding any provision of law to the contrary:

(a) The Department shall encourage the owners of structures to eliminate nonflashing (steady burning) L-810 lights by a January 1, 2024. The Department shall issue certificates of recognition to owners for eliminating nonflashing (steady burning) L-810 lights.

(b) Structures constructed with a height over 50 feet above ground level on or after March 1, 2022 that are located in ecologically sensitive areas (as the Department shall determine), or are within one-half mile of a forest preserve or federal or State park or wildlife area shall turn off all lights not required for safety or maintenance between 11:00 p.m. and 7:00 a.m. during migratory seasons. The Department shall determine the dates of such migratory seasons and shall publish those dates at least 6 months in advance on the Department's website.

(c) The Department may adopt such rules as it deems necessary to implement the provisions of this Section.

(d) As used in this Section, "structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smoke-stacks, and overhead transmission lines.

Article 99.

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