State of Illinois
90th General Assembly

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      30 ILCS 105/5.480 new
      510 ILCS 77/27 new
          Amends the Livestock Management Facilities Act.   Creates
      an  odor  control  cost  share  program  administered  by the
      Department of  Agriculture.   Provides  that  the  Department
      shall, subject to appropriation, reimburse approved owners or
      operators   of   livestock   management   or  waste  handling
      facilities for odor control costs concerning  manure  removal
      and  field  application.    Provides  that odor control plans
      shall implement the methods developed by the Illinois Council
      on Food and Agricultural Research.   Establishes  application
      procedures  and  payment  limits for the program.  Amends the
      State Finance Act to  create  the  Odor  Control  Cost  Share
      Program Fund.  Effective immediately.
 1        AN ACT concerning livestock waste management.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.480 as follows:
 6        (30 ILCS 105/5.480 new)
 7        Sec. 5.480.  The Odor Control Cost Share Program Fund.
 8        Section  10.   The Livestock Management Facilities Act is
 9    amended by adding Section 27 as follows:
10        (510 ILCS 77/27 new)
11        Sec. 27.  Odor control cost share program.
12        (a)  An odor control cost share program  is  created  and
13    shall  be administered by the Department of Agriculture.  The
14    Department shall design the program to assist approved owners
15    or operators of livestock management facilities or  livestock
16    waste  handling  facilities  with  the  cost  of odor control
17    methods  during  the  course  of  manure  removal  and  field
18    application.  The cost share program shall implement the odor
19    control methods developed by the Illinois Council on Food and
20    Agricultural  Research.  The  Department  shall,  subject  to
21    appropriation, make the cost share  payments  from  the  Odor
22    Control  Cost  Share  Program Fund, a special fund created in
23    the State Treasury.
24        (b)  An owner or operator who desires to  participate  in
25    the  cost  share program shall submit an odor control plan as
26    prescribed by the Department.  At a minimum, the  plan  shall
27    include  (i)  verification  of  compliance  with  this  Act's
28    provisions   concerning   waste  lagoon  registration,  waste
29    management plans, and livestock manager  certification,  (ii)
                            -2-                LRB9009103PTsb
 1    verification  that the owner or operator has not violated the
 2    odor  control  provisions  of  Section  25  or   agricultural
 3    pollution  rules  adopted  under the Environmental Protection
 4    Act, (iii) a description of the livestock management facility
 5    or livestock waste handling facility to be assisted under the
 6    plan, (iv) the current and a projected number of animal units
 7    served or to be served by the facility, (v) a description  of
 8    current   and   planned   odor  control  practices,  (vi)  an
 9    estimation of the cost of these practices, (vii) evidence  of
10    financial responsibility to provide the determined cost share
11    amount  of  the program, and (viii) a description of the odor
12    control goals of  the  facility  concerning  the  surrounding
13    community.    After   reviewing   the  submitted  plans,  the
14    Department shall determine the owners or  operators  who  are
15    approved for the cost share program.  With the cooperation of
16    the  owner  or  operator, the Department shall make necessary
17    revisions in the odor control plan to implement  the  methods
18    recommended  by the Illinois Council on Food and Agricultural
19    Research.  The Department shall be responsible for  approving
20    any  revisions by the owner or operator to the submitted odor
21    control  plans.   Plans  shall  be  submitted  and  evaluated
22    annually for Department approval.  An owner or  operator  who
23    has  committed  a violation of the odor control provisions of
24    Section 25 or the agricultural pollution rules adopted  under
25    the  Environmental  Protection  Act  shall not be eligible to
26    participate in the cost share program for 5 years  after  the
27    violation.
28        (c)  The  Department  of  Agriculture  shall  enter  into
29    agreements  with  owners  or  operators approved for the cost
30    share plan under which the Department shall agree to  pay  to
31    the  owner  or  operator  up  to 25% of the total cost of the
32    implementation of odor control methods described in the plan.
33    The owner or operator shall agree to pay 75% or more  of  the
34    plan's  total cost.  Upon verification by the Department that
                            -3-                LRB9009103PTsb
 1    the owner or operator has paid 100% of the total cost of  the
 2    odor  control  plan, the Department shall reimburse the owner
 3    or operator for the amount  stated  in  the  agreement.   The
 4    amount  of  the  cost  share payment for an approved owner or
 5    operator shall be determined from rules  promulgated  by  the
 6    Department   that   structure   payment   limits   in  direct
 7    correlation with the number  of  animal  units  served  by  a
 8    facility. The Department shall categorize facilities based on
 9    the number of animal units served, and the amount of the cost
10    share  payment  shall  increase  on  an  ascending  scale  to
11    correspond  with  the  ascending size category of a facility.
12    The maximum amount that the Department may pay to an owner or
13    operator for each of his or her livestock management or waste
14    handling facilities is 25% of  the  plan  costs  or  $50,000,
15    whichever  is  less,  and  this  maximum  payment  amount  is
16    reserved for the category of facilities serving 1,000 or more
17    animal units.
18        (d)  Upon the transfer of his or her right or interest in
19    the livestock management facility or livestock waste handling
20    facility  or  a  change in the use of a facility so that odor
21    control  methods  are  no  longer  necessary,  the  owner  or
22    operator shall forfeit all  rights  to  future  payments  and
23    other  benefits resulting from an approved odor control plan.
24    The rights to benefits and payments of the cost share program
25    are not transferable.
26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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