MORE INTRODUCED LEGISLATION
Child-Safe Chemicals Act
This proposal, HB 3792 (Nekritz, D-Northbrook), creates the Child-Safe Chemicals Act, establishing the Children's Health Advisory Panel. The Panel's members are to possess knowledge and expertise in fields relevant to children's health, chemical exposure, and risk assessment. This panel to required recommend, no later than January 1, 2011, a pilot program for addressing chemicals that pose a threat to children's health based on potential exposure to children from children's products. The pilot program will (1) identify chemicals that pose a threat to children's health based on potential exposure, (2) establish limits for those chemicals in children's products, (3) identify safer alternatives to those chemicals and create incentives for the development of those alternatives, (4) ensure appropriate access to all information related to the effects of a chemical substance on children's health, and (5) inform consumers about chemicals that pose a threat to children's health. The Panel is further required to analyze 5 chemicals, selected jointly by the Directors of the Illinois Department of Public Health and the IEPA that may pose a threat to children's health based on potential exposure to children from children's products. The bill also authorizes the IEPA, acting either individually or in concert with other states or government entities, to maintain or participate in a clearinghouse for information pertaining to the presence of, the hazardous traits associated with, and the potential for human and environmental health effects of (1) chemicals in consumer products and (2) known or potential alternatives to those chemicals.
High-Capacity Wells
This measure, SB 2184 (Garrett, D-Lake Forest), defines a high-capacity well as a well located on a parcel of property where the rate or capacity of water withdrawals of all wells on the property is in excess of 70 gallons per minute or 100,000 gallons during any 24-hour period. It also predefines a high-capacity surface water intake as a surface water intake located on a parcel of property where the rate or capacity of water withdrawals is the same as that of a high-capacity well. The bill requires persons who are interested in developing a high-capacity well to notify their water or soil conservation district before constructing the well (now, only when "the withdrawals from the new point can reasonably be expected to" exceed 100,000 gallons on any day). The bill also requires existing and proposed high-capacity wells to register with their districts and that the districts may recommend that the Department of Agriculture restrict the quantity of water that a person may extract from high-capacity wells (now, under certain circumstances, from other wells). A person or land occupier who is responsible for a high-capacity well, high-capacity intake, or public water supply to participate in the Illinois Water Inventory Program, but exempts high-capacity intakes used for agricultural irrigation and high-capacity wells used for agricultural irrigation from this requirement for 5 years.
Environmentally Preferable Purchasing
This measure, HB 4035 (Tryon, R-Crystal Lake), requires that state agencies procure environmentally preferable supplies and services and authorizes a state agency to give a price preference of up to 10% for an environmentally preferable supply or service.
Environmentally Friendly/Energy-Efficient Building Materials
This measure, HB 3799 (Dugan, D-Bradley), requires the State Board of Education to create a low-interest revolving loan program for school districts to renovate, rehabilitate, or upgrade existing school facilities to incorporate environmentally friendly or energy-efficient building materials or alternative energy devices.
Investigating Biological and Chemical Agents
This proposal, HB 3922 (Harris, D-Chicago), mandates that the Department of Public Health (IDPH) shall investigate the causes of dangerously contagious or infectious diseases and the health effects, health conditions, or health ailments related to a biological, chemical, radiological, or nuclear event (instead of dangerously contagious or infectious diseases).
Energy Efficient Building Code for Residential Buildings
This bill, HB 3987 (Hamos, D-Evanston), amends the Energy Efficient Commercial Building Act, making the law applicable to all buildings (now, all commercial buildings). The bill also provides that the Capital Development Board (CDB) must adopt the specified energy conservation code as the minimum requirements for commercial buildings and as the minimum and maximum requirements for the construction of residential buildings. Further, units of local government may not regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards in the bill and they may not enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes energy efficiency building standards for residential buildings that are either less or more stringent than the energy efficiency standards. Any unit of local government that has adopted any previously published editions of the International Energy Conservation Code on or before January 1, 2009 may continue to regulate energy efficient building standards under that Code and any supplements the unit of local government has adopted prior to January 1, 2009.
Public Health Advocates
This proposal, HB 3814 (Davis, M, D-Chicago), creates the Public Health Advocates Act to establish Public Health Advocates as a nonprofit membership corporation to effectively represent the interests of Illinois health care consumers. This would be similar to a Citizens Utility Board (CUB) organization. What brought this bill to the attention of CICI was a requirement of this nonprofit corporation to educate the public on environmental concerns and pharmaceutical dangers. CICI’s main concern is that these educational materials and information be based upon sound, peer-reviewed science and not junk science and fear mongering.
Phosphorous Turf Fertilizer Restrictions, Bans
This bill, HB 3817 (Ryg, D-Vernon Hills), creates the Phosphorous Turf Fertilizer Use Restriction Act to provide that the Department of Central Management Services (CMS) may not apply phosphorous fertilizer to state-owned turf, unless CMS (1) has been granted a waiver by the Illinois Green Government Coordinating Council, (2) is establishing or reestablishing state-owned turf by planting seed or sod, or (3) is depleting existing stores of phosphorous fertilizer procured prior to January 1, 2010. The bill also creates the Phosphorous in Water Task Force, which is comprised of the Chairman of the Illinois Green Government Coordinating Council, who serves as Task Force Chairman, and 9 other members. The goals of this task force include drafting (1) a model phosphorous fertilizer ban for municipalities and other local governments and (2) a report that recommends ways to reduce the application of phosphorous fertilizer in residential and urban areas and that describes best policies and practices for phosphorous management in Illinois waterways.
Seed Saving
This proposal, SB 2151 (Jones, J., R-Mt. Vernon), creates the Farmer Protection Act to provide that the release by a manufacturer of a genetically engineered plant shall constitute a private nuisance for which the manufacturer shall be liable only if the release (1) causes the presence of the plant within the property owned or occupied by a person for whom the plant presence was not intended and (2) results in damage in any calendar year that exceeds $3,500. The bill also provides that defenses at law or equity available in a private nuisance action apply to actions brought under this bill. Further, a person owning or occupying the property upon which a nuisance release occurs does not have a duty to establish buffer zones, segregation protocols, or otherwise initiate measures to protect specifically against the potential release of genetically engineered plants. Also, a person who is not in breach of a seed contract regarding the purchase or use of a genetically engineered plant and that unknowingly comes into possession of a genetically engineered plant shall not be liable for certain damages. The bill also authorizes, under certain conditions, a seed supplier or, in some cases, the Director of Agriculture or his or her designee to enter upon real property farmed by another person for the purpose of obtaining crop samples. The bill also authorizes the seed supplier to petition the circuit court for the county in which the real property is located for an order granting permission to enter upon the farmer's real property and that a farmer has a right of action against a seed supplier for violations and may recover certain damages.
Beneficial Use Determinations
This proposal, SB 2034 (Garrett, D-Lake Forest), authorizes the IEPA to make written determinations that certain materials that would otherwise be required to be managed as waste may be managed as non-waste if those materials are used beneficially and in a manner that is protective of human health and the environment. The bill requires applicants for beneficial use determinations to demonstrate that (1) the chemical and physical properties of the material are comparable to similar commercially available materials, (2) the market demand for the material meets certain requirements, (3) the material is legitimately beneficially used, (4) the management and use of the material will not cause, threaten, or allow the release of any contaminant into the environment, except as authorized by law, and (5) the management and use of the material otherwise protects human health and safety and the environment. It also authorizes applicants to seek review of the IEPA’s written decisions to disapprove of an application for a determination or to approve of it with conditions. These determinations will be effective for a period approved by the IEPA, but that period may not exceed 5 years. Finally, the bill authorizes certain materials to maintain their non-waste status after the effective period of the determination under certain conditions and prohibits recipients of a determination from managing or using the material that is the subject of the determination in violation of the determination or any conditions imposed by it, unless the material is managed as waste.
Drug Disposals
This proposal, SB 1919 (Garrett, D-Lake Forest), provides that no health care institution, or any employee, staff person, contractor, or other person under the direction or supervision of a health care institution, may discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or a septic system.
Rail Tax
This measure, HB 4053 (Fortner, R-West Chicago), provides that the county boards of Cook, DuPage, Kane, Lake, McHenry, and Will Counties may impose a tax upon all rail line owners (calculated per rail car per mile) for the privilege of operating a rail line within the county and that the rate must be sufficient to complete necessary grade crossing separation work and related infrastructure improvements to improve safety for first responders and the general public.
Motor Fuels
This proposal, HB 4030 (Myers, R-Colchester), amends the Motor Fuel and Petroleum Standards Act to provide that all biodiesel with a numerical value of B100 that is sold or offered for sale in the State of Illinois shall conform to the ASTM D6751 Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
Another bill, HB 4009 (Winters, R-Shirland), amends the Motor Fuel and Petroleum Standards Act. Provides that on and after specified dates any diesel fuel sold in Illinois must have a minimum percentage of biodiesel fuel oil.
Soil Contamination
This legislation, HB 4021 (Mautino, D-Spring Valley), requires the IEPA to evaluate the release of contaminants if it determines that the extent of soil, soil gas, or groundwater contamination may extend beyond the boundary of the site where the release occurred (now, only if "soil or groundwater contamination may extend beyond the boundary of the site where the release occurred"). The bill also requires the IEPA to notify the owner of the contaminated property if soil contamination beyond the boundary of the site where the release occurred, soil gas contamination beyond the boundary of the site where the release occurred, or both pose a threat of exposure to the public above the appropriate Tier 1 remediation objectives (now, the owner of the contaminated property must be contacted only about "soil contamination beyond the boundary of the site where the release occurred").
Green Energy Businesses
This measure, HB 3826 (Mautino, D-Spring Valley), creates the Green Energy Business Act, authorizing the Department of Commerce and Economic Opportunity (DCEO) to receive and approve the applications of qualified businesses seeking designation as Green Energy Businesses and to provide that Green Energy Businesses are eligible for certain tax credits and exemptions.
Great Lakes Protections
This proposal, HB 3828 (Bellock, R-Hinsdale), amends the Illinois Lake Management Program Act, creating the Task Force on the Conservation and Quality of the Great Lakes for the protection of the water quality and supply of the Great Lakes.
Another bill, HB 3829 (Bellock, R-Hinsdale), creates the Great Lakes Preservation and Protection Act, requiring the IEPA and the Illinois International Port District to submit an annual report to the General Assembly concerning ballast water in the Great Lakes. The IEPA and the Department of Natural Resources (DNR) to offer technical assistance to the Great Ships Initiative for the purpose of accelerating the development and approval of ballast-treatment technology that is sufficient to protect the waters of the state from aquatic invasive species. The bill also requires the DNR to sample and monitor the Illinois waters of Lake Michigan for new aquatic nuisance species and report its findings annually to the General Assembly.
CO Capture and Sequestration
This measure, HB 3854 (Reitz, D-Sparta), creates the Illinois Energy to Jobs Act, creating the Carbon Capture and Sequestration Legislation Commission to make a report to the General Assembly by December 31, 2010 concerning specified legislation. The bill also amends the Illinois Power Agency (IPA) Act to make changes concerning the Resource Development Bureau and allows the IPA to acquire by eminent domain permanent easements for the distribution, transportation, and storage of CO. The bill allows the IPA to lease those easements to energy facilities. The bill also provides for expedited permits and licenses for projects at energy facilities. The bill also removes the moratorium on the construction of nuclear power plants, creates a tax credit equal to 10% of the amount spent during the taxable year on equipment purchased for use at an energy facility, and restores other tax exemptions.
Clean Air Fast-Track Rulemaking
This bill, HB 3859 (Franks, D-Woodstock), reenacts a section concerning fast-track rulemaking for the Clean Air Act, providing that if the Clean Air Act Amendments of 1990 require the adoption of rules other than identical in substance rules, then the IPCB must adopt rules under fast-track rulemaking if requested to do so by the IEPA. 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 in any fast-track rulemaking proceeding.
Alternative Energy Tax Credit
This legislation, HB 3862 (Franks, D-Woodstock), creates an alternative energy credit for taxpayers who construct facilities that generate electricity using alternative energy sources, including solar, wind, geothermal, landfill methane gas, fuel cells, and biomass). The credit would be 0.18 cents per kilowatt hour generated by the alternative energy system.
Pollution Control Facility – Composting/Organic Waste
This measure, HB 3873 (Pihos, R-Glen Ellyn), provides that the term "pollution control facility" does not include the portion of a site or facility (1) that is used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (2) that meets a list of specified requirements. The bill also replaces a provision that required the IEPA to develop and make recommendations to the IPCB concerning (1) performance standards for organic waste compost facilities and (2) testing procedures and standards for the end-product compost produced by organic waste compost facilities with a provision that authorizes the IEPA to draft those standards. It also redefines "organic waste" to include, among other things, food scrap (now, "food waste"), livestock waste, crop residue, and paper waste.
Site Remediation Program
This proposal, HB 3736 (Holbrook, D-Belleville), amends the Environmental Protection Act concerning the Site Remediation Program, providing 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 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. The bill further specifies that a definition of "remedial action" applies only to the provisions concerning the Site Remediation Program and that the IPCB may (now, "shall") adopt rules concerning the proportionate share of liability. In addition, the IEPA’s issuance of a No Further Remediation Letter signifies a release of further responsibilities for those sites that are eligible for the Site Remediation Program.
Expedited Permits - Ethanol Production Projects
This measure, HB 3747 (Tryon, R-Crystal Lake), requires that the rulemaking processes of the IEPA include a process for expediting the issuance of permits and licenses for ethanol production projects. The bill authorizes the IEPA to engage the experts and additional resources that are reasonably necessary for implementing this expedited process but that 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.
Machinery & Equipment Exemptions
This proposal, HB 3763 (Walker, D-Arlington Heights), provides that the manufacturing and assembling machinery and equipment exemption also includes production related tangible personal property purchased on or after July 1, 2007 (instead of on or after July 1, 2007 and on or before June 30, 2008).
Trade Show Income Tax Credit
This measure, HB 3774 (Acevedo, D-Chicago), creates the Trade Show Income Tax Credit, authorizing the Department of Commerce and Economic Opportunity (DCEO) to award income tax credits to trade show managers for locating large trade shows in Illinois and using Illinois labor. The credit ranges from 25% to 45% of Illinois labor expenditures, up to $10,000 per applicant per trade show.
Manufacturing Job Destination Tax Credit
This proposal, HB 4131 (Brady, R-Bloomington), creates the Manufacturing Job Destination Tax Credit to provide for a tax credit of 25% of the Illinois labor expenditures made by a manufacturing company in order to foster job creation and retention in Illinois.
Alternative Energy Tax Credit
This legislation, HB 3862 (Franks, D-Woodstock), creates an alternative energy credit for taxpayers who construct facilities that generate electricity using alternative energy sources, including solar, wind, geothermal, landfill methane gas, fuel cells, and biomass). The credit would be 0.18 cents per kilowatt hour generated by the alternative energy system.
Paid Sick Time
This proposal, HB 3665 (Hernandez, D-Cicero), 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 care for physical or mental illness, injury, medical condition, professional medical diagnosis or care, or a medical appointment of the employee or a family member.
High Energy Efficiency Boilers
This proposal, HB 3698 (Fortner, R-West Chicago), requires the Department of Commerce and Economic Opportunity to establish a grant program to encourage the purchase and installation of high energy efficiency boilers in commercial buildings and multi-family residential buildings.
Excessive Idling
This measure, HB 2664 (Nekritz, D-Northbrook), increases the fine for an excessive idling violation from $50 to $250 for the first conviction and from $150 to $500 for a second or subsequent conviction within a 12 month period. All fine money not receivable by local governments shall be paid, subject to appropriation, to the IEPA for the purpose of educating the trucking industry on air pollution and preventative measures specifically related to idling.
Mold Remediation
This legislation, HB 4231 (Schmitz, R-Batavia), amends the Mold Remediation Registration Act to provide that the Department of Public Health (IDPH) must (instead of may) adopt rules to implement a program for parties that provide mold remediation services to register with the state. The IDPH must submit emergency rules to the Joint Committee on Administrative Rules to implement the registration of mold remediation professionals and they may charge a registration fee to cover the costs of administration and enforcement.
Clean Construction/Demolition Debris
This bill, SB 2285 (Harmon, D-Oak Park), provides that urban soil and urban clean construction or demolition debris taken to a clean construction or demolition debris fill operation is not waste. The bill defines "urban soil" as soil that is excavated and removed from sites within the boundaries of a municipality with a population in excess of 1 million (Chicago) and that has not been the subject of a release of contaminants but may nonetheless contain contaminants due to certain causes. The bill also defines "urban clean construction or demolition debris" as specified paving materials that are excavated from a construction or demolition site within the corporate boundaries of Chicago. The bill requires the owner of a site from which urban soil only is removed, prior to authorizing the transfer of that soil, to perform or cause to be performed: (1) a Phase I Environmental Audit or an historical or regulatory database search, such as that set forth in the Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (ASTM E 1528-06), (2) a Phase II Environmental Audit (under some circumstances), and (3) testing of representative samples of the soil using specific methods. The bill also requires the owner to certify certain information to the clean construction or demolition debris fill operator and requires fill operations that accept urban soil to develop and implement a Receipt Control and Screening Plan that ensures the receipt of certification documents.
Used Tire Violations
This measure, SB 2103 (Hunter, D-Chicago), authorizes the IEPA to issue an administrative citation and impose a civil penalty if any person (1) causes or allows water to accumulate in used tires, (2) fails to collect the new or used tire fee as required by Section 55.8, (3) fails to file a State tax return listing, among other things, the number of tires sold at retail during the past calendar year as required by Section 55.10, or (4) transports used or waste tires in violation of the registration and vehicle placarding requirements adopted by the Pollution Control Board.
NPDES Construction-Site Storm Water Permits
This proposal, SB 2121 (Demuzio, D-Carlinville), limits the circumstances under which the IEPA must send a fee notice to existing NPDES permittees. The bill exempts NPDES construction-site storm water permittees who meet certain requirements from paying an annual NPDES construction-site storm water permit fee after payment of an initial annual fee of $500 before January 1, 2010 or $750 on and after January 1, 2010. Currently, NPDES construction-site storm water permittees must pay $500 initially and $500 each subsequent year, except if a permit is issued during the months of January through June, then the permittee may be exempt from paying an annual fee during the 12 months beginning July 1 that immediately follow the period for which the initial annual fee was due. Under existing law and this bill, the IEPA may prorate the initial annual fee in the case of permits issued during the months of January through June.
Water Quality and Effluent Standard for Boron
This measure, SB 2122 (Garrett, D-Lake Forest), provides that the IPCB must conduct a regulatory proceeding to determine the appropriate water quality and effluent standard for boron, if any and prohibits the state from enforcing the state Boron standard, unless and until the IPCB determines, in the regulatory proceeding described above, whether Boron standards are appropriate in Illinois.
Preferable Road Building Materials
This proposal, SB 2128 (Risinger, R-Peoria), requires the Department of Transportation to establish and publish scientifically-based criteria detailing under what circumstances concrete or asphalt is the preferred material for road building purposes.
IEPA Bill - Various
This measure, SB 2145 (Haine, D-Alton), amends the Asbestos Abatement Act, deleting a provision requiring the Department of Public Health to (1) require local educational agencies to submit to them certain asbestos related response action contracts for which the agency seeks indemnification and (2) collect from the agency a certain percentage of each response action contract for deposit into the Response Contractors Indemnification Fund. The bill also amends the Response Action Contractor Indemnification Act to provide that, 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. The bill further 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 a vehicle conversion occurred, rather than within the same calendar year, as is currently required. Finally, the bill repeals the Hazardous Waste Crane and Hoisting Equipment Operators Licensing Act and the Hazardous Waste Laborers Licensing Act.
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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