ACTION ON OTHER BILLS
Clean Air Act Fast-Track Rulemakings – Passed Senate
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. And it was further amended on the Senate Floor deleting a provision requiring the fast-track rule requirements if a federal statute or regulation other than the Clean Air Act requires rules. This measure passed the Senate unanimously this week and now awaits further action in the House. CICI opposed the original bill. With the amendments, CICI’s position has changed to neutral.
Renewable Fuels Assistance Bills – All Advanced
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. This bill passed the Senate unanimously this week and awaits further action in the House.
Another renewable fuels assistance proposal, 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 bill advanced out of the Senate this week unanimously and now heads to the House. This is similar to HB 4696 (Smith, D-Canton), which also passed the House unanimously.
And finally, this measure, HB 5978 (Moffitt, R-Galesburg) authorizes DCEO to award, in excess of the annual aggregate grant total, up to $4,000,000 to a grant applicant who installs incorporating water recycling technology in the renewable fuels plant and requires that each applicant install advanced technologies for water usage, carbon footprint reductions, and other blending improvements designed to optimize processes at the applicant's renewable fuels facility. This measure passed the House unanimously and heads to the Senate for further action.
Synthetic Natural Gas/Coal Gasification – Passed Senate
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. This measure passed the Senate unanimously this week and now awaits further action in the House.
Mercury in Cosmetics – Passed Senate
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. This measure passed the Senate unanimously this week and now awaits further action in the House.
Mercury Thermostat Take-Back Program – Passed House
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. Amendments have been added to the bill holding retailers harmless as long as they do not knowingly sell these products. The bill passed the House unanimously this week and heads to the Senate for further action.
IEPA “Clean-Up” Bill – Passed House
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. This measure passed the House unanimously and now awaits further action in the Senate.
Nuclear Power Plant Construction Moratorium – Passed House Committee
This measure, HB 2971 (Osmond, R-Antioch), repeals the statutory imposition of a moratorium on the construction of any new nuclear power plants in the state. While it’s not clear that any new nuclear power plants in Illinois are planned, the state’s environmental community is up in arms over this proposal as they believe it will take away from alternative sources of energy like wind, solar power, etc. This measure passed the House Public Utilities Committee last week and awaits further action on the House Floor.
Green State Buildings – Passed House
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, Green Globes, or equivalent standard certification. CICI was originally opposed to the legislation because it contained LEED certification only. With the addition of the other standards, CICI removed its opposition. This measure moved out of the House with a vote of 106 “YES”, 6 “NO”, and 1 “PRESENT” and awaits further action in the Senate.
Green Cleaning Policy for State Buildings – Passed House
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. CICI and representatives of cleaning product companies will be advising the Green Governments Coordinating Council is preparing rules much in the same way as they did for the green cleaning for schools that was enacted last year. This measure passed the House with only one dissenting vote.
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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