OTHER COMMITTEE ACTION THIS WEEK
Clean Air Act Fast-Track Rulemakings – Senate Floor as Amended
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. The bill was amended in committee to provide that the provisions concerning the Clean Air Act rules apply through December 31, 2013 and deletes provisions concerning the promulgation of federally required rules. CICI opposed the original bill. With the amendment, CICI’s position has changed to neutral.
Clean Air Act Permitting – Senate Floor as Amended
This measure, SB 2640 (Harmon, D-Oak Park), provides that the Illinois Administrative Procedure Act shall not apply to certain Clean Air Act Permitting (CAAP) Program permits issued by the IEPA. An amendment was added in committee that would authorize the IPCB to grant a stay of the effectiveness of all or part of a CAAPP permit that is appealed. The amendment also provides that if the effectiveness of all or part of the permit is stayed, then the provisions of any prior existing permit continue in full force and effect until the final IPCB decision on the appeal of the CAAPP permit has been made. CICI is currently reviewing the amendment.
Diesel Emissions Reductions & Fees – Senate Floor with an Agreement
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 was allowed to move out of committee with the agreement that the bill would be changed to remove the surcharge. CICI opposed this bill.
Flame Retardant Ban – Never Called
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. CICI and many in the business community opposed this legislation but it was never called in committee this week.
Restrictions on High Capacity Wells – Never Called
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. CICI opposed this bill.
Paid Sick Leave – Never Called
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. CICI opposed this bill.
PCBs in Landfills – Failed in Committee
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.
Attorney General/IEPA Legal Actions – Never Called
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.
Synthetic Natural Gas/Coal Gasification – Senate Floor as Amended
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. The bill was amended in committee to provide that if the Illinois Commerce Commission determines that the cost for synthetic natural gas purchased under a specified contract during supply years 11 through 20 (rather than during years 11 through 20) is not reasonable and prudent, then the company shall reimburse the utility for a specified amount.
Electricians Licensing – Senate Floor
This proposal, SB 2760 (Jacobs, D-Moline) creates the Electricians Licensing Act to regulate electricians and electrical contractors by the Department of Labor.
Mercury in Cosmetics – Senate Floor
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.
Environmental Covenant for Brownfields Property – Senate Floor as Amended
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. The measure was amended in committee to provide that in the definition of "environmental response project", it means a plan or work performed for environmental remediation of real property at sites or facilities: that (1) are listed as proposed or final on the National Priorities List pursuant to specified federal law; that (2) are undergoing remediation pursuant to an administrative order issued pursuant to specified federal law; that (3) are owned or operated by a department, agency, or instrumentality of the United States that are undergoing remediation pursuant to specified federal law; that (4) are undergoing remediation pursuant to a settlement agreement pursuant to specified federal law; that (5) are undergoing remediation pursuant to certain other federal law; or that (6) are undergoing remediation pursuant to a court or board order issued pursuant to the Illinois Environmental Protection Act with the approval of the IEPA. The amendment also provides that this does not invalidate or render unenforceable any interest that is otherwise compliant with 35 Ill. Adm. Code 742, Subpart J. | 
