MORE INTRODUCED LEGISLATION
Environmental Legislation
IEMA Tier I & II Inventory Permit Fees
This bill, HB 5521 (Harris, D-Chicago) establishes fees, by administrative rule, for filing an inventory form. The bill also provides for the rules to establish procedures for collection, management, and disbursement of the fees and may include penalties for late filing of forms, though it may provide an exemption for state, county, and municipal entities, special districts, and other public bodies or political subdivisions that IEMA deems appropriate. The fees will be used for local emergency planning committees and for training initiatives authorized by the State Emergency Response Commission (SERC). The bill also makes other changes concerning tier I & II inventory forms.
IEPA Permit Reviews
These measures, SB 3344 (Clayborne, D-E St. Louis) and HB 6131 (Reitz, D-Sparta), requires the IEPA, without public notice, to provide permit applicants with an opportunity to review and comment on draft permits and further authorizes them, without public notice, to modify draft permits. The bill also requires the IEPA, to the maximum extent possible, to issue general (rather than site-specific) air permits. It also requires the IEPA to expedite NPDES permit renewals if certain requirements are met. And for the IPCB to adopt rules providing for the issuance of air permits by rule, if it deems that a class of facilities or equipment does not "make a significant contribution of air contaminants to the atmosphere". The IEPA is also charged with creating a permit streamlining unit.
Carcinogens in Community Water Systems
This proposal, SB 3070 (Althoff, R-Crystal Lake), provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the IEPA. Once approved, owners or operators will implement the plan. Upon completion of the plan, the owner or operator will submit a response completion report. Further, actions taken by IEPA to disapprove or modify a plan or report may be appealed to the IPCB.
IPCB Actions, Stays
This measure, SB 2812 (Harmon, D-Oak Brook), authorizes the Illinois Pollution Control Board (IPCB) to stay the effectiveness of certain actions taken or permit conditions imposed by the IEPA in the course of administering the Clean Air Act Permit Program (CAAPP). If IPCB stays any contested conditions, then any related conditions from any prior existing permit will continue in full force and effect until they make a final decision regarding the appeal of the granted CAAPP permit. The bill also authorizes IPCB to stay all the conditions in a CAAPP permit upon a demonstration that the issues raised on appeal can be reasonably expected to affect the CAAPP permit in its entirety. If the entire CAAPP permit is stayed, then any prior existing permit continues in full force and effect until they make a final decision regarding the appeal of the granted CAAPP permit.
Bans Lead, Mercury in Tires, Cars
This bill, SB 3347 (Steans, D-Chicago) bans the sale, distribution or use of a weight or other product to balance a vehicle wheel or tire if the weight or other product contains lead or mercury. The bill also bans, after January 1, 2012, the sale of a new vehicle equipped with a weight or other product used to balance a vehicle wheel or tire if the weight or other product contains lead or mercury.
NPDES Permit Violations
This legislation, HB 6120 (Nekritz, D-Northbrook), makes it a violation to fail to (1) submit to the IEPA a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit.
Use of Tipping Fees
This proposal, HB 6225 (Mitchell, B, R-Forsyth), authorizes a unit of local government's tipping fee to be used for the maintenance of township highways located within one mile of a solid waste disposal facility. If a county imposes a tipping fee on a solid waste disposal facility and if a township highway is located within one mile of such a facility, then the corporate authorities of the county in which the facility is located must, on an annual basis and from revenues generated from the county tipping fee, reimburse each township that maintains a portion of highway within one mile of the facility for costs the township has incurred in maintaining that portion of highway. The bill also prohibits a county's annual liability to townships under this new provision from exceeding 20% of the tipping fees collected by the county in that year.
Waste Collections
This measure, SB 3692 (Harmon, D-Oak Brook), provides that if a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then the municipality may not award a franchise without issuing a request for proposal. The bill also provides for franchise fees that cannot exceed $25,000.
No Land Filling of Hypodermic Needles, Other Sharps
These bills, SB 3809 (Martinez, D-Chicago), HB 6070 & HB 6071 (Boland, D-Moline), provides that, beginning October 1, 2011, hypodermic needles, intravenous needles, other medical needles, and products known as “sharps”, may not be disposed of in a landfill, unless they are rendered unrecognizable by treatment.
Mercury Thermostat Collections
These Senate measures, SB 3820 & SB 3346 (Steans, D-Chicago), SB 2813 (Hunter, D-Chicago), all create some sort of mercury thermostat collection requirement for manufacturers. The bill requires these manufacturers to implement an IEPA-approved plan and to report certain information about their collection efforts. The measure also prohibit, dates in which depending upon each individual piece of legislation, a thermostat wholesaler from selling or distributing thermostats unless it acts as a collection site for thermostats that contain mercury, participates in an education and outreach program to educate consumers on the collection program for mercury thermostats, and meets other requirements. These manufacturers, thermostat wholesalers, and thermostat retailers are subject to certain sales prohibitions. The bills also allow for public comments on manufacturer plans and require the IEPA to post certain information on its website, conduct an educational program, and report certain information about the program to the legislature.
Phosphorus Fertilizers
This legislation, HB 6099 (Phelps, D-Harrisburg), amends the Illinois Fertilizer Act of 1961, prohibiting any applicator for hire from applying fertilizer material containing phosphorus to any parcel of turfgrass, except as demonstrated to be necessary by a soil test conducted no more than 36 months before the intended application by a laboratory already identified and approved by the Department of Agriculture, unless the fertilizer material is a 0% phosphate fertilizer or a person is establishing turfgrass in the first growing season. The bill also restricts the application of fertilizer material on impervious surfaces, near bodies of water, and when the ground is frozen. Commercial farms, lands classified as agricultural lands, and golf courses are exempt from the bill.
Jobs, Economic Development, and Other Tax Issue Legislation
Enterprise Zones
This legislation SB 3661 (Bond, D-Grayslake), provides that beginning in calendar year 2010 and until December 31, 2014, 30 additional enterprise zones may be certified by the Department of Commerce and Economic Opportunity (DCEO).
This bill, SB 3660 (Demuzio, D-Carlinville), provides that areas designated as enterprise zones in calendar year 2010 – 2011 must have had an annual unemployment rate of 10% or more for calendar year 2009.
These measures, SB 2628 (Dahl, R-Peru) & HB 6086 (Reis, R-Olney), provides that enterprise zones shall be in effect for 50 calendar years (instead of 30 calendar years) unless a shorter period of time is specified in the certified designating ordinance.
This proposal, HB 5804 (Reis, R-Olney), provides that, beginning in calendar year 2010 and until December 31, 2014, an additional enterprise zone may be certified by DCEO.
Employee Tax Credits
This measure, SB 3662 (Noland, D-Elgin), provides that a taxpayer conducting a trade or business in an enterprise zone, a high impact business, in a river edge redevelopment zone, a foreign trade Zone or sub-zone, for taxable years ending on or after December 31, 2006, shall be allowed a credit in the amount of (1) $1,000 per eligible employee hired to work during taxable years ending after December 31, 2009 and ending on or before December 31, 2012 and (2) $500 per eligible employee hired to work during taxable years ending after December 31, 2012. Currently, these credits are now $500 per eligible employee in each taxable year.
Emerging Technologies Grants
This bill, SB 3654 (Frerichs, D-Gifford), creates the Emerging Technology Industries Act and requires DCEO to establish and maintain a program to award grants to emerging-technology enterprises. Sets forth eligibility requirements and funding priorities for awarding the grants, and sets forth procedures for awarding the grants. The bill limits total credits to $15,000,000 in any one fiscal year and creates an income tax credit, the amount to be certified by DCEO, for qualified investors who make an investment in an emerging technology enterprise.
Tax Credits – Energy Facilities
This legislation, SB 3345 (Clayborne, D-E. St. Louis), creates a sales tax credit equal to 10% of the amount spent during the taxable year on equipment purchased for use at an energy facility.
Green Tax Credits
This proposal, SB 3147 (Clayborne, D-E. St. Louis), creates the Efficient and Green Illinois Tax Credit authorizing DCEO to award income tax credits based on 25% of the cost of qualifying expenditures for energy efficient projects, such as solar energy equipment, Energy Star certified heat pumps, lighting retrofit projects, and wind equipment. The credit may also be carried forward for up to 5 taxable years.
EDGE Tax Credits
This measure, HB 6160 (Reis, R-Olney), provides that, for taxable years beginning on or after January 1, 2011 and ending on or before December 31, 2012, any taxpayer who has been awarded an Economic Development for a Growing Economy (EDGE) tax credit may elect to claim all or part of the credit against the taxpayer's obligation to pay over withholding tax under the Illinois Income Tax Act. This bill is also similar to HB 5806 (Senger, R-Naperville).
Green Manufacturing Loans
This bill, HB 6030 (May, D-Highland Park), creates a green manufacturing revolving loan program, authorizing DCEO to make revolving loans, subject to appropriation, to manufacturers with 500 or fewer employees toward the cost of capital equipment that will reduce environmental impact and achieve energy cost savings. These interest-free loans will be limited to $250,000 per manufacturer and must be repaid within 5 years.
Manufacturing Job Destination Tax Credit
This legislation, HB 5808 (Hatcher, R-Yorkville), creates the Manufacturing Job Destination Tax Credit Act, providing for a credit of 25% of the Illinois labor expenditures made by a manufacturing company in order to foster job creation and retention in Illinois. The bill authorizes the Department of Revenue to award a tax credit to taxpayer-employers who apply for the credit and meet certain Illinois labor expenditure requirements.
Job Development, Retention
This measure, HB 5805 (Mathias, R-Buffalo Grove), creates the Illinois Emergency Employment Development Act, authorizing funds appropriated under the Act to be used to subsidize employee wages and benefits, to reimburse the Department of Employment Security for certain expenses, and to provide child care, workers' compensation coverage, and job search assistance. The bill also specifies the contractual assurances that businesses must give to remain eligible for subsidies under the Act, requiring them to repay 70% of amounts received if eligible applicants do not continue in their employment beyond 6 months. The bill further prohibits eligible employers from terminating, laying off, or reducing the working hours of employees in order to hire an individual with funds made available under this Act.
Green Energy Business Tax Credits
This proposal, HB 5810 (Mathias, R-Buffalo Grove), creates the Green Energy Business Act, authorizing the DCEO to receive and approve the applications of qualified businesses seeking designation as Green Energy Businesses, eligible for various tax credits and exemptions.
Net Loss Carry Overs
This bill, HB 5809 (Mathias, R-Buffalo Grove), extends the carryback and carryover periods for net losses for income tax by an additional 5 years.
Job Training Expense
This legislation, HB 5812 (Senger, R-Naperville), reinstates the job training expense credit for tax years ending on or after December 31, 2010 and on or before December 30, 2020, and increases the amount of the credit from 1.6% of training expenses to 2% of training expenses.
Job Renewal Zones
This measure, HB 5811 (Black, R-Danville), creates the Employ Illinois Job Renewal Act, requiring the DCEO to develop application procedures to certify certain areas in the state as Job Renewal Zones, allowing for various tax incentives for businesses located in these zones.
Energy/Utility Legislation
Power Plant – Mercury Emissions
This proposal, SB 3227 (Sandoval, D-Cicero), provides that the owner or operator of certain emissions sources generating electricity through coal combustion must meet a mercury emissions standard. If the owner or operator of these emissions sources is unable to comply with the standard through existing control technologies, then he or she may apply to the IEPA for an alternative emissions limit for the emissions source and that the IEPA will incorporate the alternative emissions limit into the CAAPP permit for the affected emissions source and will not be in violation of the mercury emissions standard so long as that owner or operator operates and maintains the affected source in a manner consistent with good air pollution control practices for the minimization of mercury emissions and until the owner or operator obtains the alternative emissions limit for the affected source. Sets forth certain test methods to be used to demonstrate compliance with the mercury emission rate requirement.
Renewable Energy Resources
This legislation, SB 3686 (Harmon, D-Oak Park) & HB 6013 (Graham, D-Chicago), amends the Illinois Power Agency Act in provisions concerning the procurement of renewable energy resources, providing that at least 75% of the renewable energy resources shall come from wind generation and, in specified amounts by certain dates, of the renewable energy resources that must be derived from photovoltaics, at least 20% must come from large-scale distributed solar and at least 10% must come from small-scale distributed solar (rather than starting June 1, 2015, at least 6% of the renewable energy resources used to meet these standards shall come from solar photovoltaics). The bill also provides that through June 1, 2016 (rather than June 1, 2011), renewable energy resources shall be counted for the purpose of meeting the renewable energy standards only if they are generated from facilities located in the state, provided that cost-effective renewable energy resources are available from those facilities. Also, after June 1, 2016 (rather than June 1, 2011), cost-effective renewable energy resources located in Illinois and in states that adjoin Illinois may be counted towards compliance with specified standards.
Utility Recoup Costs
This measure, SB 3683 (Holmes, D- Aurora), amends the River Edge Redevelopment Zone Act, providing that a public utility may receive a deduction against income tax for (1) a contribution to a designated zone organization for costs of installing, replacing, modifying, removing, improving, or maintaining any substation facility located within the River Edge Redevelopment Zone or (2) the costs incurred by the public utility of installing, replacing, modifying, improving, or maintaining any substation facility located within the River Edge Redevelopment Zone if the project for which the costs are incurred has been specifically approved by the designating municipality and by DCEO. The public utility will recover the costs of installing, replacing, modifying, improving, removing, or maintaining its facilities located within the River Edge Redevelopment Zone across all customers in its service territory. This bill is similar to HB 6098 & HB 6093 (Chapa LaVia, D-Aurora).
Renewable Electrical Generating Facilities
This bill, SB 3426 (Bond, D-Grayslake) & HB 6202 (Burns, D-Chicago), amends the Public Utilities Act to provide that the term "eligible renewable electrical generating facility" includes a generator powered by agricultural residues, untreated and unadulterated wood waste, landscape trimmings, and livestock manure. The bill also provides that for all eligible customers, rather than only residential customers, the measuring of the flow of electricity in both directions at the same rate shall typically be accomplished through use of a single, bi-directional meter. The electricity provider shall continue to carry over any excess kilowatt-hour credits earned and apply those credits to subsequent billing periods to offset any customer-generator consumption in those billing periods until all credits are used or until service is terminated (instead of or until the end of the annualized period).
Gas Pipelines
This proposal, SB 2623 (Munoz, D-Chicago), amends the Illinois Gas Pipeline Safety Act, to provide that "transportation of gas" includes the conveyance of gas by pipeline within, on, over, under, or across any highway, as that term is defined in Section 1-126 of the Illinois Vehicle Code. |
