093_HB0360ham001

 










                                     LRB093 04979 AMC 12192 a

 1                     AMENDMENT TO HOUSE BILL 360

 2        AMENDMENT NO.     .  Amend House Bill  360  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Environmental Protection Act is amended
 5    by changing Section 55.6 as follows:

 6        (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
 7        Sec. 55.6. Used Tire Management Fund; allocation.
 8        (a)  There is hereby created  in  the  State  Treasury  a
 9    special  fund  to  be known as the Used Tire Management Fund.
10    There shall be deposited into the Fund all monies received as
11    (1) recovered costs or proceeds from the sale of  used  tires
12    under  Section  55.3 of this Act, (2) repayment of loans from
13    the Used Tire Management Fund, or (3) penalties  or  punitive
14    damages  for  violations of this Title, except as provided by
15    subdivision (b)(4) or (b)(4-5) of Section 42.
16        (b)  Beginning January 1, 1992, in addition to any  other
17    fees  required  by  law,  the  owner or operator of each site
18    required to be registered under subsection (d) of Section  55
19    shall pay to the Agency an annual fee of $100. Fees collected
20    under   this   subsection   shall   be   deposited  into  the
21    Environmental Protection Permit and Inspection Fund.
22        (c)  Pursuant to appropriation, monies up to an amount of
 
                            -2-      LRB093 04979 AMC 12192 a
 1    $2 million per fiscal year from the Used Tire Management Fund
 2    shall be allocated as follows:
 3             (1)  38% shall be available to the  Agency  for  the
 4        following purposes, provided that priority shall be given
 5        to item (i):
 6                  (i)  To  undertake  preventive,  corrective  or
 7             removal  action  as  authorized by and in accordance
 8             with  Section  55.3,  and  to   recover   costs   in
 9             accordance with Section 55.3.
10                  (ii)  For  the  performance  of  inspection and
11             enforcement  activities  for  used  and  waste  tire
12             sites.
13                  (iii)  To assist with marketing of  used  tires
14             by   augmenting  the  operations  of  an  industrial
15             materials exchange service.
16                  (iv)  To provide financial assistance to  units
17             of   local   government   for   the  performance  of
18             inspecting, investigating and enforcement activities
19             pursuant to subsection (r) of Section 4 at used  and
20             waste tire sites.
21                  (v)  To  provide  financial assistance for used
22             and waste  tire  collection  projects  sponsored  by
23             local government or not-for-profit corporations.
24                  (vi)  For  the  costs  of  fee  collection  and
25             administration relating to used and waste tires, and
26             to  accomplish such other purposes as are authorized
27             by this Act and regulations thereunder.
28             (2)  23% shall be available  to  the  Department  of
29        Commerce   and   Community   Affairs  for  the  following
30        purposes, provided that priority shall be given  to  item
31        (A):
32                  (A)  To   provide   grants  or  loans  for  the
33             purposes of:
34                       (i)  assisting units of  local  government
 
                            -3-      LRB093 04979 AMC 12192 a
 1                  and  private  industry  in the establishment of
 2                  facilities and programs to collect, process and
 3                  utilize used and waste tires and  tire  derived
 4                  materials;
 5                       (ii)  demonstrating   the  feasibility  of
 6                  innovative   technologies   as   a   means   of
 7                  collecting, storing, processing  and  utilizing
 8                  used   and   waste   tires   and  tire  derived
 9                  materials; and
10                       (iii)  applying demonstrated  technologies
11                  as  a means of collecting, storing, processing,
12                  and utilizing used and  waste  tires  and  tire
13                  derived materials.
14                  (B)  To develop educational material for use by
15             officials  and  the  public to better understand and
16             respond to the problems  posed  by  used  tires  and
17             associated insects.
18                  (C)  (Blank).
19                  (D)  To  perform  such research as the Director
20             deems appropriate to help meet the purposes of  this
21             Act.
22                  (E)  To  pay the costs of administration of its
23             activities authorized under this Act.
24             (3)  25%  shall  be  available   to   the   Illinois
25        Department of Public Health for the following purposes:
26                  (A)  To   investigate   threats   or  potential
27             threats to the public health related  to  mosquitoes
28             and  other  vectors  of  disease associated with the
29             improper storage, handling and  disposal  of  tires,
30             improper waste disposal, or natural conditions.
31                  (B)  To  conduct  surveillance  and  monitoring
32             activities   for   mosquitoes  and  other  arthropod
33             vectors of  disease,  and  surveillance  of  animals
34             which  provide  a  reservoir  for  disease-producing
 
                            -4-      LRB093 04979 AMC 12192 a
 1             organisms.
 2                  (C)  To  conduct training activities to promote
 3             vector  control   programs   and   integrated   pest
 4             management as defined in the Vector Control Act.
 5                  (D)  To   respond   to  inquiries,  investigate
 6             complaints,   conduct   evaluations   and    provide
 7             technical  consultation  to help reduce or eliminate
 8             public  health  hazards  and   nuisance   conditions
 9             associated with mosquitoes and other vectors.
10                  (E)  To  provide  financial assistance to units
11             of local government for training, investigation  and
12             response   to   public   nuisances  associated  with
13             mosquitoes and other vectors of disease.
14             (4)  2% shall be  available  to  the  Department  of
15        Agriculture   for   its  activities  under  the  Illinois
16        Pesticide Act relating to used and waste tires.
17             (5)  2% shall be available to the Pollution  Control
18        Board  for  administration  of its activities relating to
19        used and waste tires.
20             (6)  10% shall be available  to  the  Department  of
21        Natural Resources for the Illinois Natural History Survey
22        to  perform  research to study the biology, distribution,
23        population ecology, and biosystematics  of  tire-breeding
24        arthropods,  especially mosquitoes, and the diseases they
25        spread.
26          (d)  By January 1,  1998,  and  biennially  thereafter,
27    each  State  agency  receiving an appropriation from the Used
28    Tire Management Fund shall report to  the  Governor  and  the
29    General Assembly on its activities relating to the Fund.
30        (e)  Any   monies   appropriated   from   the  Used  Tire
31    Management Fund, but not obligated, shall revert to the Fund.
32        (f)  In administering the provisions of subdivisions (1),
33    (2) and (3) of subsection (c) of this  Section,  the  Agency,
34    the  Department  of  Commerce  and Community Affairs, and the
 
                            -5-      LRB093 04979 AMC 12192 a
 1    Illinois  Department  of  Public  Health  shall  ensure  that
 2    appropriate   funding   assistance   is   provided   to   any
 3    municipality with a  population  over  1,000,000  or  to  any
 4    sanitary district which serves a population over 1,000,000.
 5        (g)  Pursuant  to  appropriation,  monies in excess of $2
 6    million per fiscal year from the Used  Tire  Management  Fund
 7    shall be used as follows:
 8             (1)  55%   shall  be  available  to  the  Agency  to
 9        undertake preventive, corrective  or  renewed  action  as
10        authorized  by and in accordance with Section 55.3 and to
11        recover costs in accordance with Section 55.3.
12             (2)  45% shall be available  to  the  Department  of
13        Commerce and Community Affairs to provide grants or loans
14        for the purposes of:
15                  (i)  assisting  units  of  local government and
16             private industry in the establishment of  facilities
17             and  programs  to collect, process and utilize waste
18             tires and tire derived material;
19                  (ii)  demonstrating    the    feasibility    of
20             innovative technologies as a  means  of  collecting,
21             storing,  processing,  and  utilizing used and waste
22             tires and tire derived materials; and
23                  (iii)  applying demonstrated technologies as  a
24             means   of   collecting,  storing,  processing,  and
25             utilizing used and  waste  tires  and  tire  derived
26             materials.
27    (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)".