INTRODUCED LEGISLATION
The deadline for substantive bills being introduced in the General Assembly was February 15. Here are some of bills of interest to the chemical industry.
SENATE BILLS
Restrictions on Phosphorous Fertilizers
This measure, SB 2369 (Garrett, D-Homewood), creates the Phosphorous Turf Fertilizer Use Restriction Act to provide that, beginning July 1, 2009, a person may not apply a fertilizer containing phosphorus to turf in this state. This does not apply, however, when (1) a tissue, soil, or other test by a laboratory or method approved by the Agency and performed within the immediately preceding 3 years indicates that the level of available phosphorus in the soil is insufficient to support healthy turf growth or (2) the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, but only during the first growing season.
Restrictions on High Capacity Wells
This proposal, SB 2370 (Garrett, D-Homewood), amends the Water Use Act of 1983 by Defining "high-capacity wells as a well where the rate or capacity of withdrawal of all wells on one property is in excess of 70 gallons of water per minute, or 100,000 gallons on any day. The bill also provides for the registration and imposes some restrictions on high capacity wells.
Environmental Covenant for Brownfields Property
This bill, SB 2110 (Wilhelmi, D-Joliet), creates the Uniform Environmental Covenants Act, proposed by the National Conference of Commissioners on Uniform State Laws, creating an interest in real estate called an "environmental covenant" that assures a plan of rehabilitation for contaminated real property (brownfields) and controls the use of the property.
Recycling Appliances – Restrictions on Landfills
This piece of legislation, SB 2016 (Halvorson, D-Crete) provides that white goods (appliances) may not be disposed in a landfill unless the recyclable components have been removed. The bill also requires retailers of white goods to collect a fee of $8 from the purchase of such appliances, $6 of that to be deposited into the White Goods Management Fund, which is to be used for certain administrative purposes and for grants to certain manufacturers of products composed of recycled material. This bill is similar to HB 5773 (May, D-Highland Park).
Attorney General/IEPA Legal Actions
This measure, SB 2018 (Haine, D-Alton), mandates that all complaints and other actions brought by the Illinois Attorney General (AG) pursuant to a referral or request from the IEPA must include the agency as a named party plaintiff or complainant in the action. This requirement, however, does not apply to certain criminal actions and is not intended to alter or diminish the AG's authority to act as the attorney for the agency and the state.
Diesel Emissions Reductions & Fees
This proposal, SB 2083 (Collins, D-Chicago), creates the Illinois Diesel Emissions Reduction Act requiring the collection of a surcharge on the retail sale or lease of certain diesel vehicles that are of a model year 2006 or earlier and are not equipped with Level 3 Controls and a similar surcharge on the registration of certain diesel vehicles. This bill is similar to HB 5772 (May, D-Highland Park).
Residential Energy Efficient Building Code
This legislation, SB 2456 (Cullerton, D-Chicago), mandates that new residential buildings be built in accordance with the current energy efficient building code that pertains to commercial and industrial buildings, except for additions, alterations, renovations, or repairs to existing residential structures.
Synthetic Natural Gas/Coal Gasification
This proposal, SB 2547 (Clayborne, D-E. St. Louis) provides that any gas utility may enter into a contract for up to 20 years of supply with any company for the purchase of synthetic natural gas (rather than a 20-year supply contract with any company for synthetic natural gas) produced from coal through the gasification process if the company has commenced construction of a coal gasification facility by July 1, 2009 (rather than July 1, 2008). Makes changes in factors used to determine whether the cost for synthetic natural gas is reasonable and prudent
Coal Combustion By-Products
This bill, SB 2567 (Frerichs, D-Champaign), defines coal combustion by-product (CCB) and provides that coal combustion waste must be covered with 12 inches of soil, within 30 days after deposit of the coal combustion waste, before it may be considered as CCB. The bill further provides that coal combustion waste may be used as CCB only if the structural fill is located no less than 500 feet from any residence and any well that is being used as a residential water source, with IEPA inspection of structural fill CCB projects.
Mercury in Cosmetics
This proposal, SB 2860 (Hunter, D-Chicago) amends the Mercury-added Product Prohibition Act to provide that no person shall distribute or sell any cosmetics, toiletries, or fragrances containing mercury and that any person who knowingly sells or distributes mercury-containing cosmetics, toiletries, or fragrances in this state commits a petty offense, fined up to $500. Manufacturers that distribute cosmetics, toiletries, or fragrances containing mercury must disclose the level of mercury in its cosmetics, toiletries, or fragrances. If a manufacturer fails to disclose the level of mercury in its cosmetics, toiletries, or fragrances, a business offense of $10,000 will be levied.
Renewable Fuels Assistance
This bill, SB 2570 (Frerichs, D-Champaign), amends the Illinois Renewable Fuels Development Program to require the Department of Commerce and Economic Opportunity (DCEO) to establish and administer the Illinois Corn Grain to Fuel Research Consortium Assistance Program the bill further exempts from the state’s sales taxes the selling price of motor fuel or gasohol that exceeds $2.50 per gallon.
Another piece of legislation, SB 2861 (Demuzio, D-Carlinville), amends the Illinois Renewable Fuels Development Program Act to provide that facilities that produce ethanol for gasohol or majority blended ethanol fuel shall receive grants up to 10 cents per gallon of annual production capacity, not to exceed $10,000,000 for each facility. The bill also provides financial assistance for units of local government and petroleum distribution centers to install the necessary infrastructure for the use of majority blended ethanol. This is similar to HB 4696 (Smith, D-Canton).
Clean Air Act Fast-Track Rulemakings
This measure, SB 2639 (Harmon, D-Oak Park), reenacts a section of the Environmental Protection Act concerning fast-track rulemaking for the Clean Air Act to provide that when the Clean Air Act Amendments of 1990 or another federal statute or regulation requires rules other than identical in substance rules to be adopted, upon request by the IEPA, the IPCB must adopt rules under fast-track rulemaking requirements. The bill further sets out the form for a fast-track rulemaking proposal and provides that in any fast-track rulemaking proceeding, the IPCB must accept evidence and comments on the economic impact of any provision of the rule and must consider the economic impact of the rule.
Clean Air Act Permitting
This measure, SB 2570 (Harmon, D-Oak Park), provides that the Illinois Administrative Procedure Act shall not apply to certain Clean Air Act Permitting Program permits issued by the Environmental Protection Agency.
Electricians Licensing
This proposal, SB 2760 (Jacobs, D-Moline) creates the Electricians Licensing Act to regulate electricians and electrical contractors by the Department of Labor.
Climate Change – Shell Bills
Four shell bills (legislation with only a title and no other language) have been introduced that list the topic of climate change. These bills are SB 2220, 2219 (Harmon, D-Oak Park) and HB 5253, 5254 (Nekritz, D-Northbrook). Its CICI’s expectation that several of the recommendations from the Governor’s Climate Change Advisory Council will eventually be incorporated into legislation with at least one of these bills.
HOUSE BILLS
Renewable Energy Sources
This bill, HB 5855 (May, D-Highland Park), creates the Illinois Renewable Energy Sources Act to provide that electric utilities shall enter into power purchase agreements for a term of not less than 20 years to purchase all electricity from eligible electric generators in the State at specified rates set by the Commission for the following methods of generation: (1) hydroelectric power; (2) landfill gas or sewage treatment gas; (3) biomass or biogas; (4) geothermal energy plants; (5) wind-powered plants; and (6) solar-powered plants. The bill also provides that the Illinois Commerce Commission (ICC) shall, after notice and hearing, annually approve a renewable energy factor that shall be a nonbypassable surcharge payable by every customer of an alternative electric supplier, cooperative electric utility, electric utility, or municipal utility.
Biodiesel – Reduce Trucking Fee
This legislation, HB 5856 (Moffitt, R-Galesburg), provides that, beginning January 1, 2009 and through December 31, 2014, for each registration year, the owner of a vehicle for which biodiesel has been purchased during the previous registration year is entitled to a reduction of the commercial distribution fee for that vehicle. The amount of the reduced fee will be based upon the amount of biodiesel purchased. This fee was established in 2003 as part of the numerous new and increased taxes and fees placed on Illinois’ businesses.
Recycling Plastic Bottles
This measure, HB 5568 (Coulson, R-Glenview), sets out that the IEPA has the duty to develop a statewide recycling program to promote the practice of recycling materials throughout the state, including, but not limited to, the recycling of plastic bottles used for beverages.
Paid Sick Leave
This proposal, HB 5320 (Hamos, D-Evanston), creates the Healthy Workplace Act, requiring an employer to provide an employee up to 7 sick days with pay during each 12-month period. The employee may use the sick days for physical or mental illness, injury, medical condition, professional medical diagnosis or care, or a medical appointment of the employee or a family member.
Mercury Thermostat Take-Back Program
This piece of legislation, HB 5348 (Jakobsson, D-Champaign), creates the Mercury Thermostat Collection Act requiring thermostat manufacturers to establish and maintain a program for the collection and recycling of mercury thermostats, to be handled as universal waste. The bill also prohibits wholesalers, retailers, and technicians from selling or distributing non-mercury thermostats if they have not taken certain actions with respect to the disposal of mercury thermostats. It also prohibits the sale or distribution of button cell batteries that contains mercury and the sale or distribution of certain mercury-added products.
Lake Michigan Notification Water Pollution Permits
This bill, HB 5256 (Bellock, R-Westmont), requires the Director of the IEPA to seek negotiations with each state that borders Lake Michigan to establish a notification policy under which the states will notify one another when permitting new sources of water pollution or increased levels of pollution into Lake Michigan.
Flame Retardant Ban
For the 4th year in a row environmentalists have introduced a bill to ban brominated flame retardants. This year the measure is HB 5298 (Nekritz, D-Northbrook) and it would ban deca brominated diphenyl ether (decaBDE), the most widely used of the brominated flame retardants, in mattresses, mattress pads, articles of furniture, televisions, computers, or other electronic devices or any other product intended for indoor residential use if the product has a textile component containing decaBDE. The bill specifically exempts automobiles, not because decaBDE is any different in automobiles, but to lessen the bill’s opposition. Needless to say, CICI and many in the business community will be actively opposing this legislation.
Other Chemical Bans – Phthalates, Bisphenol A
In addition to the above mentioned ban on flame retardants, several other bills have been introduced to ban many other chemicals, namely phthalates and bisphenol A. The most comprehensive of these measures is HB 5705 (Nekritz, D-Northbrook) and SB 2868 (Kotowski, D-Mt. Prospect). These measures create the Child-Safe Chemicals Act to ban lead, cadmium, several classes of phthalates, and bisphenol A in children's products or product components. The bill also designates priority chemicals of high concern, moderate concern, low concern, or unknown concern, and establishes information collection on other hazardous chemicals that are present in toys and other products to determine whether further action is required. Again, CICI and many in the business community will be actively opposing this legislation.
LEED – Green State Buildings
This proposal, HB 5113 (Boland, D-Moline), creates the Green Buildings Act requiring all new state-funded building construction and major renovations of existing state-owned facilities to seek LEED (Leadership in Environment and Energy Design) certification.
E-Waste Recycling
This bill, HB 4957 (Holbrook, D-Belleville), creates the Electronic Scrap Recycling Act and the Illinois Materials Management and Financing Commission to manage cost-efficient and environmentally sound state collection, transportation, and recycling of certain electronic devices. The bill contains provisions concerning a basic fee mechanism, restrictions on hazardous substances, fee reductions for certain manufacturers, self-recycling, retailer responsibilities, and program operational standards. This bill is similar to provisions in SB 1583 (Garrett, D-Homewood).
Pesticides – Protect Bees
This measure, HB 4801 (Sacia, R-Freeport), amends the Bees and Apiaries Act, mandating the Department of Agriculture to adopt rules requiring any owner of property that is adjacent to a registered apiary to: (1) establish a buffer zone when spraying pesticides that are potentially harmful to bees; or (2) use only pesticides that are not harmful to bees.
Green Cleaning Policy for State Buildings
This legislation, HB 4812 (May, D-Highland Park), requires every state-owned building to establish a green cleaning policy whereby the building purchases and uses only environmentally-sensitive cleaning products.
Site Remediation Programs
This bill, HB 4711 (Holbrook, D-Belleville), amends the Environmental Protection Act concerning the Site Remediation Program to provide that certain limitations on liability and cost recovery for site remediation do not apply to sites: (1) that are subject to any remediation or remedial activity regulated under a state program authorized, approved, or delegated pursuant to any federal environmental statute; or (2) that do not qualify to participate in the Site Remediation Program. The bill further provides that sites that are subject to post-closure, corrective action, or remediation requirements under the federal or state solid hazardous waste laws do not qualify to participate in the Site Remediation Program. It also specifies that a definition of "remedial action" applies only to the provisions concerning the Site Remediation Program.
IEPA “Clean-Up” Bill
This proposal, HB 4710 (Holbrook, D-Belleville) amends several different acts under the IEPA. First, it deletes a provision requiring the Department of Public Health to (1) require local educational agencies to submit to the Department certain asbestos related response action contracts for which the IEPA seeks indemnification and (2) collect from the agency a certain percentage of each response action contract for deposit into the Response Contractors Indemnification Fund. Then, within 30 days after the effective date, the State Comptroller and Treasurer shall transfer all moneys in the Response Action Contractor Indemnification Fund to the Brownfields Redevelopment Fund and then repeals the Act on the 31st day after the effective date. Secondly, the bill amends the Alternate Fuels Act in a section concerning the rebate program, authorizing the IEPA to establish rebate priorities and provides that the rebate applications must be submitted within 12 months after the vehicle conversion occurred (now, must be submitted within the same calendar year). Finally, the bill repeals the Hazardous Waste Crane and Hoisting Equipment Operators Licensing Act and the Hazardous Waste Laborers Licensing Act.
Ballast Water - Aquatic Nuisance Species
This legislation, HB 4800 (Bellock, R-Westmont), requires all oceangoing vessels engaging in port operations in this state to obtain a permit, with a fee, from the IEPA for an oceangoing vessel only if: (1) the applicant can demonstrate that the oceangoing vessel will not discharge aquatic nuisance species; or (2) if the oceangoing vessel discharges ballast water or other waste or waste effluent, that the operator of the vessel will use environmentally sound technology and methods, as determined by the agency, that can be used to prevent the discharge of aquatic nuisance species.
PCBs in Landfills
This measure, HB 4231 (Mitchell, R-Forsyth), provides that any municipal solid waste landfill that, on or after October 1, 2007, has applied for a permit from the USEPA to accept wastes with a concentration of greater than 50 parts per million of polychlorinated biphenyls (PCBs), as provided under the federal Toxic Substances Control Act, must also seek and obtain consent from the applicable county or municipality before accepting that waste, which will not be granted unless approved by referendum.
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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