Bill Text: IL HB6142 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Prohibits any person from bringing a civil suit based on potential nuisance with respect to a proposed livestock facility until all federal, State, and local permits and approvals required for the proposed facility have been granted. Provides that a prevailing defendant in any action in which a proposed livestock management facility is alleged to be a nuisance shall recover certain costs and fees. Defines "prevailing defendant". Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB6142 Detail]

Download: Illinois-2009-HB6142-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB6142 Introduced 2/11/2010, by Rep. Richard P. Myers SYNOPSIS AS INTRODUCED:
415 ILCS 5/31.3 new
Amends the Environmental Protection Act. Prohibits any person from bringing a civil suit based on potential nuisance with respect to a proposed livestock facility until all federal, State, and local permits and approvals required for the proposed facility have been granted. Provides that a prevailing defendant in any action in which a proposed livestock management facility is alleged to be a nuisance shall recover certain costs and fees. Defines "prevailing defendant". Effective immediately.
LRB096 17614 JDS 32972 b
A BILL FOR
HB6142 LRB096 17614 JDS 32972 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Section 31.3 as follows:
(415 ILCS 5/31.3 new)
Sec. 31.3. Nuisance; livestock management facilities.
(a) The General Assembly finds and declares that the
federal, State, and local governmental entities that have been
empowered to regulate siting, design, construction, and
operation of a proposed livestock management facility are, with
respect to the matters subject to their respective authorities,
in the best possible position to determine whether a proposed
facility is likely to create an actual or potential nuisance
when sited, designed, constructed, and operated as authorized.
(b) A person may not bring a civil suit based on potential
nuisance with respect to a proposed livestock management
facility until all required federal, State, and local permits
and approvals required for the proposed facility, including
without limitation any permits or approvals required under this
Act or the Livestock Management Facilities Act and any
applicable local siting approval, zoning, land use, or other
authorizations, have been granted.

HB6142 - 2 - LRB096 17614 JDS 32972 b
(c) This Section does not limit (i) the authority of the
Agency to consider or determine any matter or question relating
to the siting, design, construction, or operation of a proposed
livestock management facility, (ii) the right of any person to
raise a question about the likelihood of creating an actual or
potential nuisance while lawfully participating in a public
hearing or permit appeal process, or (iii) the right of any
person to bring a civil suit based on actual or potential
nuisance with respect to all or any part of a livestock
management facility in actual operation.
(d) Costs and fees associated with any nuisance action in
which a proposed livestock management facility is alleged to be
a nuisance, together with a reasonable amount for attorney
fees, shall be recovered by a prevailing defendant in any
action in which a proposed livestock management facility is
alleged to be a nuisance. For the purposes of this subsection
(d), a prevailing defendant is a defendant in a lawsuit in
whose favor a final court order or judgment is rendered. A
defendant shall not be considered to have prevailed if, prior
to the entry of a final court order or judgment, he or she
enters into a negotiated settlement agreement or takes any
corrective or other action that renders unnecessary the entry
of a final court order or judgment against the defendant.
Section 99. Effective date. This Act takes effect upon
becoming law.