FLOOR ACTION THIS WEEK
IEPA Expedited Permit Process Passes to House
The Senate this week advanced a measure, SB 3344 (Clayborne, D-E. St. Louis), requiring the IEPA to create a permit expediting unit for the purpose of implementing an expedited permitting process. The bill provides that permit applicants may access the expedited permitting process if the permit is necessary to commence a construction or maintenance project that results in an investment by the applicant of at least $10 million and the applicant pays an expedited permit fee. The expedited permit fee will be established by rule, but cannot exceed 200% of the standard fee for an unexpedited permit. These expedited permit fees will be used to carry out expedited permitting activities.
The legislation also requires the IEPA to form and convene a stakeholders group for the purpose of creating a priority list of suitable categories of sources to focus efforts in developing general permits. The IEPA is also required the finalization of specified numbers of general permits within a certain period after the priority list is completed. The measure further requires the IEPA to adopt an expedited process for NPDES permit renewals if the applicant determines and certifies that no change necessitating a permit revision has occurred.
The IPCB may, by rule, adopt construction and operating air permits for classes of facilities or equipment. The bill, however, prohibits the IPCB from adopting an air permit authorizing construction of any facility defined as a "major source" under any applicable preconstruction permitting requirements of the federal Clean Air Act or regulations adopted under that Act. It also requires the IEPA to issue permits to the owners or operators of facilities or equipment that satisfy the requirements for an expedited air permit.
The bill now awaits further action in the House.
$2,500 “Job Creation” Tax Credit Goes to Governor
Both the House and Senate this week unanimously voted to advance SB 1578 (Noland, D-Elgin), to provide for Governor Quinn’s Small Business Job Creation Tax Credit that Quinn touted in his budget address. This tax credit would provide a maximum $2,500 credit against an employer's tax for every new full-time job created between July 1, 2010 and June 30, 2011. However, only small employers with less than 50 employees are eligible and the whole program is capped at $50 million. Also, the net number of new jobs must be maintained for 12 continuous months and pay at least $13.75 per hour.
This bill now awaits Governor Quinn's signature.
IPCB Actions, Stays Passes Senate
The compute, SB 2812 (Harmon, D-Oak Brook), that once authorized 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) was amended and advanced to the House this week. This bill, at one time, could have been construed to provide 3rd parties the option of being able to stay a permit.
The bill as amended now provides that, if requested by the applicant, the IPCB may stay the effectiveness of certain final IEPA actions. In the introduced bill, there was not a requirement that a permit applicant request the stay. The amended bill also now provides that, if requested by the applicant and no one else (rather than if simply requested by anybody including a 3rd Party), the IPCB shall, rather than may, stay the effectiveness of all contested conditions of a CAAPP permit, rather than any or all contested conditions of a CAAPP permit. The amended bill also authorizes the IPCB to stay the effectiveness of any or all uncontested conditions of a CAAPP permit if they determine that the uncontested conditions would be affected by its review of the contested conditions. If the Board stays any, but not all, rather than any of conditions, as opposed to the contested conditions of a CAAPP permit, then the applicant for that permit shall continue to operate in accordance with "any" related terms and conditions of any other applicable permits until final IPCB action in the review process. Further, if the IPCB stays all conditions, then the applicant shall continue to operate in accordance with "all" related terms and conditions of any other applicable permits until final IPCB action in the review process. Any stays granted by the IPCB shall be deemed effective upon the date of final IEPA action appealed by the applicant and further provides that these provisions supersede a particular provision in the Illinois Administrative Procedure Act.
Green Manufacturing Incentives Advances to Senate
This measure, HB 6030 (May, D-Highland Park), creates a green manufacturing grant program authorizing the Department of Commerce and Economic Opportunity (DCEO) to provide grants, subject to appropriation, to manufacturers with 500 or fewer employees toward the cost of capital equipment that will reduce environmental impact and achieve cost savings.
The legislation once also had an appropriation of $10 million from the General Revenue Fund to pay for this program but was taken out by amendment over cost concerns considering the state’s dire fiscal situation. CICI will keep you abreast of whether any appropriation ever makes it into the budget for this program.
This bill passed the House this week and now heads to the Senate for further action.
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
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