SB3000 98TH GENERAL ASSEMBLY

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98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3000

Introduced 2/7/2014, by Sen. Daniel Biss

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.855 new

Creates the Natural Resource Restoration Trust Fund Act. Creates the Illinois Natural Resource Restoration Trust Fund in the State Treasury to receive deposits of moneys available from or intended for the investigation, assessment, restoration, or replacement of injured or damaged natural resources resulting from claims pursued under the laws of the United States, this State, or other statutory or common law. Authorizes the use of the Fund by the Department of Natural Resources for specified purposes. Amends the State Finance Act. Creates the Natural Resource Restoration Trust Fund. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Natural Resource Restoration Trust Fund Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Fund" means the Illinois Natural Resource Restoration Trust Fund created in Section 10 of this Act.

Section 10. The Natural Resource Restoration Trust Fund.

(a) There is hereby created in the State Treasury the Illinois Natural Resource Restoration Trust Fund to receive deposits of moneys available from or intended for the investigation, assessment, restoration, or replacement of injured or damaged natural resources resulting from claims pursued under the laws of the United States, this State, or other statutory or common law. The fund may receive deposits of moneys made available from any other source. All moneys in the fund are to be invested and reinvested by the State Treasurer. All interest accruing from these investments shall be deposited in the fund. Moneys received through settlement or litigation of claims for injured natural resources and directed at the restoration, rehabilitation, replacement, or the acquisition of the equivalent of injured natural resources and the benefits they provide, shall be available for those uses until the funds are expended. Moneys deposited in the fund may be invested in securities constituting direct obligations of the United States Government, obligations the principal of and interest on which are guaranteed by the United States Government, or in certificates of deposit of any State or national bank that are fully secured by obligations guaranteed by the United States Government.

(b) All moneys deposited into the fund shall be used by the Department of Natural Resources to:

(1) Take necessary or appropriate action to investigate and assess the nature and extent of injuries or damage to Illinois natural resources and the benefits they provide.

(2) Take necessary or appropriate action to restore, rehabilitate, replace, or acquire the equivalent of injured or damaged natural resources and the benefits they provide.

(3) Meet any requirements which must be met by the State in order to obtain federal funds, or any other funds, to address injury or damage to natural resources.

(4) Pay for the cost of Department personnel, contractual, professional, or technical services to review or perform natural resource injury or damage assessments, natural resource restoration or replacement actions, environmental or ecological risk assessments, environmental impact assessment actions, or other activities related to environmental contamination of real property.

(5) Administer the provisions of this Section.

(c) The General Assembly shall annually appropriate to the fund such amounts as it deems necessary to fulfill the purposes of this Section.

(d) The Department may accept, receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes set forth in this Section. These moneys may be in addition to any other funds otherwise appropriated to the Department for similar purposes. Interest or income earned on moneys deposited into the fund shall be retained in the fund to be used by the Department pursuant to the provisions of this Section.

Section 900. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Natural Resource Restoration Trust Fund.

Section 999. Effective date. This Act takes effect upon becoming law.