Illinois General Assembly - Full Text of SB3043
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Full Text of SB3043  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/5/2022, by Sen. David Koehler


510 ILCS 77/12

    Amends the Livestock Management Facilities Act. Provides that the county board shall submit at the informational meeting or within 30 days following the meeting a binding recommendation (currently, an advisory, non-binding recommendation) to the Department of Agriculture about the proposed new facility's construction in accordance with the applicable requirements of the Act. Requires the binding recommendation to contain a statement of whether the proposed facility achieves or fails to achieve any of the required criteria. Provides that after reviewing the binding recommendation submitted to the county, the Department shall deny any permit to construct if the county recommends that the facility not be constructed. Effective immediately.

LRB102 22338 CMG 31475 b





SB3043LRB102 22338 CMG 31475 b

1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Livestock Management Facilities Act is
5amended by changing Section 12 as follows:
6    (510 ILCS 77/12)
7    Sec. 12. Public informational meeting; lagoons and
8non-lagoon structures.
9    (a) Beginning on the effective date of this amendatory Act
10of 1999, within 7 days after receiving a form giving notice of
11intent to construct (i) a new livestock management facility or
12livestock waste handling facility serving 1,000 or more animal
13units that does not propose to utilize a lagoon or (ii) a
14livestock waste management facility or livestock waste
15handling facility that does propose to utilize a lagoon, the
16Department shall send a copy of the notice form to the county
17board of the county in which the facility is to be located and
18shall publish a public notice in a newspaper of general
19circulation within the county. After receiving a copy of the
20notice form from the Department, the county board may, at its
21discretion and within 30 days after receipt of the notice,
22request that the Department conduct an informational meeting
23concerning the proposed construction that is subject to this



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1Section. In addition, during the county's 30-day review
2period, county residents may petition the county board of the
3county where the proposed new facility will be located to
4request that the Department conduct an informational meeting.
5When petitioned by 75 or more of the county's residents who are
6registered voters, the county board shall request that the
7Department conduct an informational meeting. If the county
8board requests that the Department conduct the informational
9meeting, the Department shall conduct the informational
10meeting within 15 days of the county board's request. If the
11Department conducts such a meeting, it shall cause notice of
12the meeting to be published in a newspaper of general
13circulation in the county and in the State newspaper and shall
14send a copy of the notice to the County Board. Upon receipt of
15the notice, the County Board shall post the notice on the
16public informational board at the county courthouse at least
1710 days before the meeting. The owner or operator who
18submitted the notice of intent to construct to the Department
19shall appear at the meeting. At the meeting, the Department
20shall afford members of the public an opportunity to ask
21questions and present oral or written comments concerning the
22proposed construction.
23    (b) The county board shall submit at the informational
24meeting or within 30 days following the meeting a binding an
25advisory, non-binding recommendation to the Department about
26the proposed new facility's construction in accordance with



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1the applicable requirements of this Act. The binding advisory,
2non-binding recommendation shall contain at a minimum:
3        (1) a statement of whether the proposed facility
4    achieves or fails to achieve any each of the 8 siting
5    criteria as outlined in subsection (d); and
6        (2) a statement of the information and criteria used
7    by the county board in determining that the proposed
8    facility met or failed to meet any of the criteria
9    described in subsection (d).
10    (c) When the county board requests an informational
11meeting, construction shall not begin until after the
12informational meeting has been held, the Department has
13reviewed the county board's recommendation and replied to the
14recommendation indicating if the proposed new livestock
15management facility or the new livestock waste handling
16facility is or will be in compliance with the requirements of
17the Act, and the owner, operator, or certified manager and
18operator has received the Department's notice that the
19setbacks and all applicable requirements of this Act have been
21    (d) At the informational meeting for the proposed
22facility, the Department of Agriculture shall receive evidence
23by testimony or otherwise on the following subjects:
24        (1) Whether registration and livestock waste
25    management plan certification requirements, if required,
26    are met by the notice of intent to construct.



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1        (2) Whether the design, location, or proposed
2    operation will protect the environment by being consistent
3    with this Act.
4        (3) Whether the location minimizes any incompatibility
5    with the surrounding area's character by being located in
6    any area zoned for agriculture where the county has zoning
7    or where the county is not zoned, the setback requirements
8    established by this Act are complied with.
9        (4) Whether the facility is located within a 100-year
10    floodplain or an otherwise environmentally sensitive area
11    (defined as an area of karst area or with aquifer material
12    within 5 feet of the bottom of the livestock waste
13    handling facility) and whether construction standards set
14    forth in the notice of intent to construct are consistent
15    with the goal of protecting the safety of the area.
16        (5) Whether the owner or operator has submitted plans
17    for operation that minimize the likelihood of any
18    environmental damage to the surrounding area from spills,
19    runoff, and leaching.
20        (6) Whether odor control plans are reasonable and
21    incorporate reasonable or innovative odor reduction
22    technologies given the current state of such technologies.
23        (7) Whether traffic patterns minimize the effect on
24    existing traffic flows.
25        (8) Whether construction or modification of a new
26    facility is consistent with existing community growth,



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1    tourism, recreation, or economic development or with
2    specific projects involving community growth, tourism,
3    recreation, or economic development that have been
4    identified by government action for development or
5    operation within one year through compliance with
6    applicable zoning and setback requirements for populated
7    areas as established by this Act.
8    (e) After reviewing the binding recommendation submitted
9to the county, the Department shall deny any permit to
10construct if the county recommends that the facility not be
12(Source: P.A. 91-110, eff. 7-13-99.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.