Section 1 [Local government unit definition] adds that the Department of Natural Resources (DNR) is defined as the “local government unit” for wetland banking projects included in a permit to mine.
Section 2 [Electronic transmission definition] defines “electronic transmission” for the purpose of the Wetland Conservation Act (WCA).
Section 3 [Contractors; WCA; electronic transmission] allows contractors working for a property owner to submit information electronically to a local government unit on draining or filling wetlands.
Section 4 [Wetland replacement ratios; permit to mine] provides that the wetland replacement ratios under a permit to mine will be based on the Great Lakes and Rainy River watersheds being considered as a single watershed.
Section 5 [Wetland replacement siting] clarifies and simplifies the sitting requirements for wetlands and allows wetlands in an area with 50 to 80 percent of the presettlement wetlands intact to be replaced in an area with less that 50 percent of the presettlement wetlands intact. This section also directs applicants and local government units to rely on any comprehensive inventories when determining available wetland replacement opportunities.
Section 6 [Wetland boundary or type determination] allows notice to be sent by electronic transmission, removes appeals of boundary or type determinations to local government units, and provides that the boundary or type determinations are valid for five years.
Section 7 [Notice of application] allows the notice of application for wetland replacement to be sent by electronic transmission and makes the general law for the timing of local permits apply to the notice.
Section 8 [Notice of decision] allows the notice for a wetland replacement decision to be sent by electronic transmission.
Section 9 [Appeals to the board] allows sequencing to be appealed to the Board of Water and Soil Resources (BWSR). The section also allows appeals to be noticed by electronic transmission.
Section 10 [Single-user wetland banking] provides for single-user or other dedicated account wetland banking.
Section 11 [Wetland banking fees] allows BWSR to establish banking fees for single-user or other dedicated wetland banking accounts.
Section 12 [Restoration or replacement order appeals] provides for the appeal of restoration and replacement orders to BWSR. The decision on appeal will be considered a decision of an agency under the contested case statutes.
Section 13 [Wetland bank credit] removes the requirement that a wetland subject to a conservation easement must be owned by the state or a local government unit. This section also provides that this section does not apply to wetlands subject to a conservation easement that was paid for with public money.
Section 14 [Electronic transmission] allows notices and other documents under the WCA to be sent by electronic transmission, unless the person has specified that mailing is preferred.
Section 15 [Environmental permit management and coordination] provides for state agency coordination of environmental permits when permits are required by multiple state or federal agencies. The state agency that coordinated the permit will be based on the agency that is the responsible governmental unit, if environmental review was conducted by a state agency. If environmental review has not been conducted for the project, the commissioner of administration will assign the permit coordinating agency.
Section 16 [Environmental assessment worksheet (EAW) petition] increases the number of petitioners required for an EAW to 100, and requires that the petitioners reside or own property within the county or an adjoining county of the proposed action.
Section 17 [Rulemaking; solid waste facilities] requires the Pollution Control Agency (PCA) and the Environmental Quality Board (EQB) to amend their rules on solid waste facilities to provide that the review of the facility shall be for the ultimate design and the permit terms for ten years.
Section 18 [Consumptive use of water; Cook County] authorizes a permit for water withdrawal of up to 200 million gallons per year for snowmaking in Cook County.
Section 19 [Temporary exemption from environmental review] directs the EQB to adopt additional exemptions from environmental review that will expire in five years and report back with an analysis of the temporary exemptions.
Section 20 [Rule amendment] allows the use of the good cause exemption for rulemaking by the PCA, EQB, and DNR to conform with this act.
Section 21 [Effective date] make the act effective the day following final enactment.