MORE INTRODUCED LEGISLATION
BPA Ban
For the second year in a row, Rep. Nekritz (D-Northbrook) has introduced a bill, HB 2485, to ban bisphenol A (BPA). Called the Child-Safe Chemicals Act, it prohibits, beginning July 1, 2010, the sale or distribution of products intended for a child under 3 years of age that are used to contain food or liquid if the product contains BPA. The bill also provides for enforcement by the Illinois Attorney General’s office and not the IEPA. CICI and a host of business interests will actively be opposing this bill.
Mercury Thermostat Take-Back Program
This measure, HB 2415 (Jakobsson, D-Urbana), creates the Mercury Thermostat Collection Act and requires thermostat manufacturers to establish and maintain a program for the collection and recycling of mercury thermostats. It 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.
Potassium Bromate Exposure Notices
This proposal, HB 2418 (Jakobsson, D-Urbana), creates the Potassium Bromate Exposure Act to provide that no person in the course of doing business shall knowingly and intentionally expose any individual to potassium bromate or bromated flour without first giving clear and reasonable warning to such individual.
Mercury-Containing Compact Fluorescent Bulbs
This bill, HB 2429 (May, D-Highland Park), provides that, by January 1, 2010, the IEPA shall adopt rules requiring each manufacturer of mercury-containing compact fluorescent lamps and mercury-containing compact fluorescent bulbs to display certain information on the packaging of those products. The bill also requires the IEPA to compile and publish on its website a report providing certain information about mercury-containing compact fluorescent lighting sold or distributed in the state and information regarding the safe and proper disposal of mercury-containing compact fluorescent lighting.
Green Infrastructure for Clean Water
This piece of legislation, HB 2434 (Nekritz, D-Northbrook), creates the Green Infrastructure for Clean Water Act, requiring the IEPA to adopt comprehensive storm water management rules that meet certain requirements by July 1, 2012. However, beginning in 2010, the IEPA must implement a storm water permit fee program adequate to support the adoption and implementation of state storm water regulations as required by this bill, establishing a statewide standard for storm water management programs in order to transition toward the use of green infrastructure as the predominant storm water management strategy.
Green Cleaning for State Buildings
This proposal, HB 2437 (May, D-Highland Park), provides that every state-owned building establish a green cleaning policy whereby the building buys and uses only environmentally-sensitive cleaning products. They can deplete its existing cleaning and maintenance supply stocks and allows exemptions for buildings if adhering to these requirements would not be economically feasible
Science Advisory Board
This measure, HB 2452 (Winters, R-Shirland), creates the Science Advisory Board for the purpose of rendering scientific assessment, risk based analysis, and consensus advice upon questions of science posed by the Governor or Legislative Committees having jurisdiction over scientific matters. The Board would be charged with reviewing and summarizing pertinent scientific studies related to charged topics. The Board is to summarize its findings and recommendations in a manner that is timely, objective, transparent, and understandable by elected officials and policymakers. The Board is also to achieve consensus in its decision making, if possible, and to provide for reports of minority opinions, if consensus is not possible. The Director of the General Assembly’s Legislative Research Unit (LRU) shall act as the Executive Director of the Board and shall assign such clerical and staff support from the LRU staff.
Pesticides/Lawn Care Products Application and Notices
This bill, SB 1769 (Steans, D-Chicago), requires each school superintendent to create a program to ensure that students attending the schools cannot access those schools' grounds for at least 12 hours after being treated with a lawn care product. Requires each district superintendent to appoint a Lawn Care Coordinator whose duty it shall be (1) to implement that program, (2) to supervise the provision of notices under the act, and (3) if the district adopts a pesticide-free turf care program, to supervise that program as well. The bill also requires the owners or operators of day care centers to provide parents with one of two types of notices before applying pesticide or having pesticide applied to day center grounds. Currently, only school districts must provide that notice.
Clean Coal – Expedited Permits
This measure, HB 2326 (Winters, R-Shirland), provides for expediting the issuance of permits and licenses for clean coal projects. It also allows particular state agencies to engage the experts and additional resources that are reasonably necessary for implementing this expedited process. The expedited process applies only upon the request of the applicant and that any additional costs for using that process shall be borne by the applicant.
Clean Construction or Demolition Debris
This proposal, HB 2264 (Holbrook, D-Belleville), provides that clean construction or demolition debris (CCDD), including general fill soil commingled with CCDD, is not waste if certain requirements are met. The bill defines that "general fill soil" is soil generated from construction or demolition activities and containing concentrations of chemicals at or below either certain Tiered Approach to Corrective Action Objective (TACO) Tier I exposure route values or, under certain circumstances, higher limits, such as acceptable detection limits or background concentrations. The bill further defines that "restricted fill soil", including general fill soil commingled with restricted fill soil, is soil generated from construction or demolition activities that meets certain requirements. The bill also requires the IEPA to issue permits for the use of CCDD and restricted fill soil as fill material. After January 1, 2010, a person may use CCDD and restricted fill soil as fill material, if certain requirements are met and that the IEPA may, without a permit, enter into intergovernmental agreements with units of state or local governments to authorize the use of soil and CCDD.
Single Billing – Natural Gas
This piece of legislation, HB 2527 (Holbrook, D-Belleville), amends the Alternative Gas Supplier Law in the Public Utilities Act to provide that "single billing" means the combined billing of the services provided by both a natural gas utility and an alternative gas supplier to any customer who has enrolled in a customer choice program.
Professional Engineering Practices
This bill, HB 1356 (Saviano, R-Elmwood Park), amends the Professional Engineering Practice Act of 1989. In a provision concerning exemption from the act for services performed by certain business organizations, provides that the exemption shall not extend to the design of infrastructure utility systems or manufacturing processes of the business organization. The bill removes the exemption for services, for private use, of contractors or owners in the construction of engineering works or the installation of equipment. It also provides that the Department of Financial and Professional Regulation (DFPR) may further define "direct supervision/responsible charge" by rule and changes the definition of "professional engineering practice" to include the recognition, measurement, evaluation and control of "control systems". The legislation also provides that the Secretary of DFPR must simply notify the Board prior to issuing any final decision or order that deviates from any report or recommendations of the Board relating to qualifications of applicants, disciplinary actions, or promulgation of rules. Currently, the Secretary is required to provide written notice and wait 30 days for the Board's written comments. The bill allows the DFPR to exercise the functions, powers, or duties enumerated to it by the act without first requiring the action and report in writing of the Board. In a provision concerning the Board, limits term of service to 10 successive years (now, 15), prohibits public member from being an employee of an engineering related field (now, an employee of the State), and provides that members may receive compensation as determined by the Secretary (now, shall receive compensation when attending Board meetings or meetings approved by the Secretary). The bill further provides that an engineer shall be responsible for his or her seal and signature as defined by rule (now, signatures generated by computer shall not be permitted) and that DFPR may take disciplinary action against any person that commits certain tax violations. DFPR shall also deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the state and that DFPR or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the act.
Underground Storage Tanks
This measure, SB 1676 (Murphy, R-Palatine), provides that site investigation completion reports must be made available, upon request, to any person with an ownership interest in a remediation site or the property on which the remediation site is located. The bill also makes other changes to the remediation process, including requiring public hearings, when remediation objectives have not been achieved within the specified time period. If all applicable remediation objectives have not been achieved at a site within 10 years after completion of the site investigation, the IEPA, in collaboration with the IPCB, must hold a public hearing to determine whether the responsible owner or operator will either (1) pay the IEPA to conduct the proper corrective action or (2) purchase the site from the current site owner for the site's fair market value.
Tax Credits for Green Dry Cleaning Machines
This proposal, HB 2456 (Zalewski, D-Chicago), authorizes an income tax credit to taxpayers in an amount equal to 20% of the purchase price, but not to exceed $20,000, for each qualified green dry cleaning machine. To qualify, the dry cleaning machine must be certified by the council that manages the Illinois Drycleaner Environmental Response Trust Fund as a machine that uses environmentally friendly solvents. The credit may not reduce the taxpayer's liability to less than zero and may not be carried back, but may be carried forward and applied to the tax liability of the 3 taxable years following the excess credit year.
Tax Credits/Exemptions
This bill, HB 1121 (Chapa LaVia, D-Aurora), amends the Use Tax Act to extend the exemption for purchases of production related tangible personal property through June 30, 2017.
R & D Tax Credit
This proposal, SB 1671 (Murphy, R-Palatine), increases the amount of the research and development credit from 6.5% to 8% of the qualifying expenditures for increasing research activities in this state for taxable years ending on or after December 31, 2009.
Repeal Commercial Distribution Fee
This bill, SB 1434 (Sandoval, D-Cicero), repeals the annual commercial distribution fee on vehicles of the second division weighing more than 8,000 pounds that was enacted under Blagojevich’s first budget in 2003. |
