SB1961 98TH GENERAL ASSEMBLY

LRB098 10237 JWD 40397 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1961

Introduced 2/15/2013, by Sen. William R. Haine - Jason A. Barickman

SYNOPSIS AS INTRODUCED:

105 ILCS 105/3	from Ch. 122, par. 1403
105 ILCS 105/4	from Ch. 122, par. 1404
105 ILCS 105/6	from Ch. 122, par. 1406
105 ILCS 105/6a	from Ch. 122, par. 1406a
105 ILCS 105/6b	from Ch. 122, par. 1406b
105 ILCS 105/6c	from Ch. 122, par. 1406c
105 ILCS 105/9	from Ch. 122, par. 1409
105 ILCS 105/9a	from Ch. 122, par. 1409a
105 ILCS 105/9b	from Ch. 122, par. 1409b
105 ILCS 105/10	from Ch. 122, par. 1410
105 ILCS 105/10a	from Ch. 122, par. 1410a
105 ILCS 105/10b	from Ch. 122, par. 1410b
105 ILCS 105/11	from Ch. 122, par. 1411
105 ILCS 105/12a	from Ch. 122, par. 1412a
105 ILCS 105/12b	from Ch. 122, par. 1412b
105 ILCS 105/12c	from Ch. 122, par. 1412c
105 ILCS 105/13	from Ch. 122, par. 1413
105 ILCS 105/15a	from Ch. 122, par. 1415a
105 ILCS 105/16	from Ch. 122, par. 1416
225 ILCS 207/15
225 ILCS 207/20
225 ILCS 207/30
225 ILCS 207/35
225 ILCS 207/45
225 ILCS 207/55
225 ILCS 207/60
415 ILCS 5/59 new

Amends the Environmental Protection Act. Provides that all powers, duties, rights, and responsibilities of the Department of Public Health under the Asbestos Abatement Act and the Commercial and Public Buildings Asbestos Abatement Act are transferred to the Illinois Environmental Protection Agency. Makes conforming changes to the Asbestos Abatement Act and the Commercial and Public Buildings Act. Effective July 1, 2013.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Asbestos Abatement Act is amended by changing Sections 3, 4, 6, 6a, 6b, 6c, 9, 9a, 9b, 10, 10a, 10b, 11, 12a, 12b, 12c, 13, 15a, and 16 as follows:

(105 ILCS 105/3) (from Ch. 122, par. 1403)

Sec. 3. Definitions. As used in this Act:

(a) "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite.

(b) "Asbestos materials" means materials formed by mixing asbestos fibers with other products, including but not limited to rock wool, plaster, cellulose, clay, vermiculite, perlite and a variety of adhesives, and which contain more than 1% asbestos by weight. Some of these materials may be sprayed on surfaces or applied to surfaces in the form of plaster or a textured paint.

(c) "School" means any school district or public, private or nonpublic day or residential educational institution that provides elementary or secondary education for grade 12 or under.

(d) "Local educational agency" means:

(1) Any local education agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).

(2) The owner of any nonpublic, nonprofit elementary or secondary school building.

(3) The governing authority of any school operated under the defense dependents' education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C. 921, et seq.).

(e) "Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM.

(f) "Asbestos containing building materials" or ACBM means surfacing asbestos containing material or ACM, thermal system insulation ACM or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.

(g) "Friable" when referring to material in a school building means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable materials after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure.

(h) "Asbestos Abatement Contractor" means any entity that engages in the removal, enclosure, or encapsulation of asbestos containing materials for any school.

(i) "Response action contractor" means any entity that engages in response action services for any school.

(j) "Friable material containment" means the encapsulation or enclosure of any friable asbestos material in a facility.

(k) "Enclosure" means the construction of airtight walls and ceilings between the asbestos material and the educational facility environment, or around surfaces coated with asbestos materials, or any other appropriate scientific procedure as determined by the Agency Department which prevents the release of asbestos materials.

(l) "Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surfaces (bridging encapsulant or penetrates the material and binds its components together (penetrating encapsulant).

(m) "Agency" means the Illinois Environmental Protection Agency. "Department" means the Department of Public Health.

(n) "Director" means the Director of the Illinois Environmental Protection Agency Public Health.

(o) "School personnel" means any employee of a school.

(p) "Student" means any student enrolled in a school.

(q) "School Building" means:

(1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.

(2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.

(3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

(4) Any maintenance, storage, or utility facility, including any hallway essential to the operation of any facility described in this definition of "school building" under items (1), (2), or (3).

(5) Any portico or covered exterior hallway or walkway.

(6) Any exterior portion of a mechanical system used to condition interior space.

(r) "Asbestos worker" means an individual who cleans, removes, encapsulates, encloses, hauls or disposes of friable asbestos material in schools as defined in this Act.

(s) "Nonfriable" means material in a school building which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.

(t) "Management plan" means a plan developed for a local educational agency for the management of asbestos in its school buildings pursuant to the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder.

(u) "Management planner" means an individual licensed by the Agency Department to prepare management plans.

(v) "Project designer" means an individual licensed by the Agency Department to design response actions for school buildings.

(w) "Asbestos inspector" means an individual licensed by the Agency Department to perform inspections of schools for the presence of asbestos containing materials.

(Source: P.A. 86-416; 86-1475.)

(105 ILCS 105/4) (from Ch. 122, par. 1404)

Sec. 4. Response action. Schools shall undertake and complete such response action as may be required by the federal Asbestos Hazard Emergency Response Act of 1986, the regulations promulgated thereunder, and the rules promulgated by the Agency Department pursuant to the Asbestos Abatement Act. Response actions shall be undertaken and completed within the timeframe required by the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder.

(Source: P.A. 86-416.)

(105 ILCS 105/6) (from Ch. 122, par. 1406)

Sec. 6. Powers and duties of the Agency Department.

(a) The Agency Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act and of the federal Asbestos Hazard Emergency Response Act of 1986, and the regulations promulgated thereunder.

(b) Rules promulgated by the Agency Department shall include, but not be limited to:

(1) all rules necessary to achieve compliance with the federal Asbestos Hazard Emergency Response Act of 1986 and the regulations promulgated thereunder;

(2) rules providing for the training and licensing of persons and firms to perform asbestos inspection and air sampling; to perform abatement work; and to serve as asbestos abatement contractors, management, planners, project designers, project supervisors, project managers and asbestos workers for public and private secondary and elementary schools; and any necessary rules relating to the correct and safe performance of those tasks; and

(3) rules for the development and submission of asbestos management plans by local educational agencies, and for review and approval of such plans by the Agency Department.

(c) In carrying out its responsibilities under this Act, the Agency Department shall:

(1) publish a list of persons and firms licensed pursuant to this Act, except that the Agency Department shall not be required to publish a list of licensed asbestos workers;

(2) require each local educational agency to maintain records of asbestos-related activities, which shall be made available to the Agency Department upon request; and

(3) adopt rules for the collection of fees for training course approval; and for licensing of inspectors, management planners, project designers, contractors, supervisors, air sampling professionals, project managers and workers.

(Source: P.A. 96-537, eff. 8-14-09; 96-1000, eff. 7-2-10.)

(105 ILCS 105/6a) (from Ch. 122, par. 1406a)

Sec. 6a. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Agency Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Agency Department is precluded by law from exercising any discretion.

(Source: P.A. 88-45.)

(105 ILCS 105/6b) (from Ch. 122, par. 1406b)

Sec. 6b. All final administrative decisions of the Agency Department hereunder shall be subject to judicial review pursuant to the provisions of the "Administrative Review Law", as amended, and the rules adopted pursuant thereto. The term "Administrative Decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 84-951.)

(105 ILCS 105/6c) (from Ch. 122, par. 1406c)

Sec. 6c. The Director after notice and opportunity for hearing to the contractor, applicant or license holder may deny, suspend, or revoke a license or expunge such person from the state list in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or the standards, rules and regulations established by virtue thereof.

Such notice shall be provided by certified mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, contractor, or license holder shall be given an opportunity to request hearing.

The hearing shall be conducted by the Director or by an individual designated in writing by the Director as Hearing Officer to conduct the hearing. On the basis of any such hearing, or upon default of the contractor, applicant or license holder, the Director shall make a determination specifying his or her findings and conclusions. A copy of such determination shall be sent by certified mail or served personally upon the applicant, contractor or license holder.

The procedure governing hearings authorized by this Section shall be in accordance with rules promulgated by the Agency Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and Hearing Officer. All testimony shall be reported but need not be transcribed unless the decision is sought to be reviewed pursuant to the "Administrative Review Law". A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing such copy or copies. The Director or Hearing Officer, shall upon his or her own motion, or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records or memoranda. All subpoenas and subpoenas duces tecum issued under the terms of this Act may be served by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of this State, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Director or Hearing Officer, such fees shall be paid in the same manner as other expenses of the Agency Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Agency Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Agency Department in its discretion may require a deposit to cover the cost of such service and witness fees. A subpoena or subpoena duces tecum so issued as above stated shall be served in the same manner as a subpoena issued by a circuit court.

Any circuit court of this State, upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.

The Director or Hearing Officer, or any party in an investigation or hearing before the Agency Department, may cause the depositions of witnesses within the State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and to that end compel the attendance of witnesses and the production of books, papers, records, or memoranda.

(Source: P.A. 84-951.)

(105 ILCS 105/9) (from Ch. 122, par. 1409)

Sec. 9. State Funding. Funding sources for State funding with respect to costs of corrective action shall include appropriations from the General Revenue Fund, proceeds from litigation against manufacturers, distributors and contractors of asbestos products, funds provided under the provisions of the federal Asbestos School Hazard Abatement Act of 1984, or any combination thereof. The Agency Department shall request appropriations from any of these funds based on its review of school funding needs and include such in its annual budget request.

(Source: P.A. 84-951.)

(105 ILCS 105/9a) (from Ch. 122, par. 1409a)

Sec. 9a. Reimbursement for corrective action. The Agency Department shall, from funds appropriated for this purpose, reimburse schools which have undertaken corrective action. Such schools, upon completion of an inspection by the Agency Department, shall be eligible for reimbursement only for those projects found to have been conducted in accordance with the provisions of this Act and the rules promulgated thereunder. Schools shall apply for such reimbursement to the Agency Department on forms designed and provided by the Agency Department.

The amount of reimbursement for which a public school district is eligible shall be calculated by the Agency Department based upon a Grant Index developed by the State Board of Education. This Grant Index shall be based upon the equalized assessed valuation of the school district and other measures of relative wealth to determine the percentage of the total cost of corrective action for which reimbursement shall be authorized. The Grant Index for any school district is equal to one minus the ratio of the district's equalized assessed valuation per pupil in weighted daily average attendance to the equalized assessed valuation per pupil in weighted average daily attendance of the district located at the ninetieth percentile for all districts of the same type. The Grant Index for any school district shall be not less than .50 and no greater than 1.00. The product of the district's Grant Index and the project cost, as determined by the Agency Department for approved corrective action, equals the total amount that shall be reimbursed to the school according to the provisions of this Section. All non-public schools shall be eligible for reimbursement in an amount equal to 50% of the cost of corrective action.

Out of funds appropriated for such purpose, 20% of the amount of reimbursement to which any school is determined entitled shall be paid in each of 5 successive fiscal years. The Agency Department shall request an annual appropriation in an amount sufficient to cover all expected reimbursements to be paid out in that fiscal year.

For purposes of reimbursement under this Section, corrective action means removal, encapsulation or enclosure. Schools reimbursed pursuant to this Section for corrective action shall not be eligible for grants under Section 9b with respect to the corrective action for which they are so reimbursed.

(Source: P.A. 84-1245.)

(105 ILCS 105/9b) (from Ch. 122, par. 1409b)

Sec. 9b. Grants for asbestos abatement work undertaken on or after January 1, 1986. Schools which undertake corrective action on or after January 1, 1986 shall be eligible for grants for asbestos abatement activities conducted in accordance with this Act and the rules promulgated thereunder. Funds shall be provided only to those schools which have been inspected pursuant to this Act. Schools which desire abatement grants shall apply to the Agency Department for such grants on forms designed and provided by the Agency Department. The Agency Department shall evaluate applications to establish priorities for funding recognizing the degree of health hazard present and shall categorize school needs using a numerical ranking.

In conjunction with the State Board of Education, the Agency Department shall calculate the amount of grant for which a public school district is eligible, based upon a Grant Index developed by the State Board of Education. The Grant Index shall be based upon the equalized assessed valuation of the school district and other measures of relative wealth to determine the percentage of the total cost of corrective action for which grants shall be authorized. The Grant Index for any school district is equal to one minus the ratio of the district's equalized assessed valuation per pupil in weighted daily average attendance to the equalized assessed valuation per pupil in weighted average daily attendance of the district located at the ninetieth percentile for all districts of the same type. The Grant Index for any school district shall be not less than .50 and no greater than 1.00. The product of the district's Grant Index and the project cost, as determined by the Agency Department for approved corrective action, equals the amount that shall be expended on behalf of the school. All non-public schools shall be eligible for grants in an amount equal to 50% of the cost of corrective action.

In conjunction with the Capital Development Board, the Agency Department shall issue grants to schools for corrective action. The Capital Development Board shall, in conjunction with the schools, contract with a contractor whose name appears on the Agency's Department's list of approved contractors for the corrective action determined necessary according to provisions of this Act and the rules promulgated thereunder. All such contractors shall be prequalified as may be required by The Illinois Purchasing Act. All contracts entered into by the schools and the Capital Development Board shall include a provision that all work to be conducted under that contract shall be undertaken in accordance with this Act and the rules promulgated thereunder. The Capital Development Board shall exercise general supervision over corrective action financed pursuant to the provisions of this Act and the rules promulgated thereunder in schools. The Capital Development Board shall request an annual appropriation in an amount sufficient to cover all expected grants to be awarded in that year. For purposes of reimbursement under this Section, corrective action means removal, encapsulation or enclosure.

A school district may levy a tax in accordance with Section 17-2.11 of "The School Code" in order to provide local funding for corrective action ordered under this Act. A school may use federal loans or grants to finance the cost of corrective action, but no State funding shall be used to repay any federal loan received by a school for asbestos abatement projects.

(Source: P.A. 84-1096.)

(105 ILCS 105/10) (from Ch. 122, par. 1410)

Sec. 10. Asbestos Abatement Contractors. The Agency Department shall prepare a list in cooperation with appropriate State and federal agencies on an annual basis of asbestos abatement contractors familiar with and capable of complying with all applicable federal and State standards for asbestos containment and removal. Additional asbestos abatement contractors wishing to be placed on this list shall notify the Agency Department. The Agency Department shall evaluate this request based on the training and experience of such a potential asbestos abatement contractor and render a decision. If the Agency Department denies the request, such contractor may appeal such a decision pursuant to the provisions of the "Administrative Review Law". Such list shall be made available to all school districts. In contracting for response action services, schools shall select an asbestos abatement contractor from the Agency's Department's list.

(Source: P.A. 86-416.)

(105 ILCS 105/10a) (from Ch. 122, par. 1410a)

Sec. 10a. Licensing. No inspector, management planner, project designer, project manager, air sampling professional, asbestos abatement contractor, worker or project supervisor may be employed as a response action contractor unless that individual or entity is licensed by the Agency Department. Those individuals and entities wishing to be licensed shall make application on forms prescribed and furnished by the Agency Department. A license shall expire annually according to a schedule determined by the Agency Department. Applications for renewal of licenses shall be filed with the Agency Department at least 30 days before the expiration date. When a licensure examination is required, the application for licensure shall be submitted to the Department at least 30 days prior to the date of the scheduled examination. The Agency Department shall evaluate each application based on its minimum standards for licensure, promulgated as rules, and render a decision. Such standards may include a requirement for the successful completion of a course of training approved by the Agency Department. If the Agency Department denies the application, the applicant may appeal such decision pursuant to the provisions of the "Administrative Review Law".

(Source: P.A. 86-416.)

(105 ILCS 105/10b) (from Ch. 122, par. 1410b)

Sec. 10b. Certified Industrial Hygienists. For purposes of this Act and the rules promulgated thereunder, the Agency Department shall use the list of certified industrial hygienists as prepared by the American Board of Industrial Hygiene.

(Source: P.A. 86-981.)

(105 ILCS 105/11) (from Ch. 122, par. 1411)

Sec. 11. Recordkeeping. Each school district shall:

(a) Keep a record of each asbestos abatement project that is performed in schools; and

(b) Make that record available to the Agency Department at any reasonable time.

(Source: P.A. 83-1325.)

(105 ILCS 105/12a) (from Ch. 122, par. 1412a)

Sec. 12a. Emergency stop work orders. Whenever the Agency Department finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and then require that such action be taken as it may deem necessary to meet the emergency, including but not limited to the issuance of a stop work order and the immediate removal of a contractor or contractors from the list provided for in Section 10. Notwithstanding any other provision in this Act, such order shall be effective immediately. The State's Attorney and Sheriff of the county in which the school is located shall enforce the order after receiving notice thereof. Any contractor affected by such an order is entitled, upon request, to a hearing as provided for in rules and regulations promulgated pursuant to this Act. When such conditions are abated, in the opinion of the Agency Department, the Agency Department may authorize the reinstitution of the activities and inclusion on the list of contractors of those activities and contractors which were the subject of a stop work order.

(Source: P.A. 84-951.)

(105 ILCS 105/12b) (from Ch. 122, par. 1412b)

Sec. 12b. Civil Penalties. The Agency Department is empowered to assess civil penalties against a contractor inspector, management planner, project designer, supervisor, worker, project manager, or air sampling professional for violations of this Act and the rules promulgated thereunder, pursuant to rules for such penalties established by the Agency Department.

(Source: P.A. 86-416.)

(105 ILCS 105/12c) (from Ch. 122, par. 1412c)

Sec. 12c. Under emergency conditions, an employee of a school district may clean or dispose of less than 3 linear feet or 3 square feet of friable or non-friable asbestos containing material in schools without meeting the definition of an "asbestos worker" as defined in this Act, provided the employee has completed the maximum asbestos awareness program provided for in federal law or rules. "Emergency conditions" for the purpose of this Section shall mean:

1) the facility is without heat, water, gas, or electric; or

2) the facility is unable to keep outside elements such as water from entering the interior of the structure; or

3) the dislodging or falling of less than 3 linear feet or 3 square feet of asbestos containing materials.

The Agency Department may further define, by rule, what circumstances constitute an "emergency condition" under this Section. The Agency Department may also set forth, by rule, the training or awareness program a school employee must meet as a prerequisite to conducting of asbestos clean-up or disposal pursuant to this Section.

(Source: P.A. 86-647.)

(105 ILCS 105/13) (from Ch. 122, par. 1413)

Sec. 13. Federal funding. To the extent that federal funds become available for the removal of asbestos from schools and subject to any limitations which may be imposed, such federal funds shall be used in lieu of State financing of corrective actions and for any administrative costs incurred by the Agency Department in the administration of this Act.

(Source: P.A. 83-1325.)

(105 ILCS 105/15a) (from Ch. 122, par. 1415a)

Sec. 15a. Contractor's Certificates of Financial Responsibility. Each contractor wishing to be placed on the Agency's Department's approved list of contractors shall submit to the Agency Department a certificate documenting that the contractor carries liability insurance, self insurance, group insurance, group self insurance, a letter of credit or bond in an amount of at least $500,000 for work performed pursuant to the Asbestos Abatement Act and the rules promulgated thereunder. No contractor may be placed on the approved list in the absence of such a certificate. All contractors presently on the approved list shall submit said certificate within 90 days of the effective date of this amendatory Act of 1985, or the Department shall remove their names from the approved list.

Each contractor shall maintain on file with the Agency Department a current certificate of financial responsibility throughout the entire length of time the contractor's name appears on the Agency's Department's list of approved contractors. A contractor shall notify the Agency Department of any change in the status of a certificate which has been filed including expiration, renewal, or alteration of the terms of the certificate.

(Source: P.A. 84-1096.)

(105 ILCS 105/16) (from Ch. 122, par. 1416)

Sec. 16. Illinois School Asbestos Abatement Fund. All fees and penalties collected by the Agency Department pursuant to this Act shall be deposited into the Illinois School Asbestos Abatement Fund which is hereby created in the State Treasury. Subject to appropriation, all monies deposited in the Illinois School Asbestos Abatement Fund under this Act shall be available to the Agency Department for its administration of this Act and of the federal Asbestos Hazard Emergency Response Act of 1986. Subject to appropriation, all moneys deposited in the Illinois School Asbestos Abatement Fund shall be available to the Agency Department of Public Health for administration of the Asbestos Abatement Act and the Commercial and Public Building Asbestos Abatement Act.

(Source: P.A. 89-143, eff. 7-14-95.)

Section 10. The Commercial and Public Building Asbestos Abatement Act is amended by changing Sections 15, 20, 30, 35, 45, 55, and 60 as follows:

(225 ILCS 207/15)

Sec. 15. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Asbestos abatement contractor" means any entity that provides removal, enclosure, encapsulation, or disposal of asbestos containing materials.

"Asbestos containing building materials" or "ACBM" means surfacing asbestos containing materials or ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a building.

"Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite.

"Asbestos inspector" means an individual who performs inspections of commercial and public buildings for the presence of asbestos containing materials.

"Asbestos materials" means any material or product that contains more than 1% asbestos.

"Asbestos consultant" means a person offering expert or professional advice as an asbestos professional or designated person.

"Asbestos professional" means an individual who is licensed by the Agency Department to perform the duties of an inspector, management planner, project designer, project supervisor, project manager, or air sampling professional, as applicable, except project supervisors under the direct employ of a licensed asbestos abatement contractor.

"Asbestos supervisor" means an asbestos abatement contractor, foreman, or person designated as the asbestos abatement contractor's representative who is responsible for the onsite supervision of the removal, encapsulation, or enclosure of friable or nonfriable asbestos-containing materials in a commercial or public building.

"Asbestos worker" means an individual who cleans, removes, encapsulates, encloses, hauls, or disposes of friable asbestos material.

"Building/facility owner" is the legal entity, including a lessee, that exercises control over management and record keeping functions relating to a building or facility in which activities covered by this standard take place.

"Commercial or public building" means the interior space of any building, except that the term does not include any residential apartment building of fewer than 10 units or detached single family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, schools, preschools, stores, warehouses, and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.

"Department" means the Department of Public Health.

"Designated person" means a person designated by the local education agency, as defined by the Asbestos Abatement Act, to ensure that the management plan has been properly implemented.

"Director" means the Director of the Illinois Environmental Protection Agency Public Health.

"Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix that prevents the release of fibers as the encapsulant creates a membrane over the surfaces (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

"Enclosure" means the construction of airtight walls and ceilings between the asbestos containing material and the building environment, or around surfaces coated with asbestos containing materials, or any other appropriate scientific procedure as determined by the Agency Department that prevents the release of asbestos.

"Friable", when referring to material in a commercial or public building, means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable materials after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure.

"Inspection" means an activity undertaken in a public or commercial building to determine the presence or location, or to assess the condition of, friable or nonfriable asbestos containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material.

"Nonfriable" means material in a commercial or public building which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.

"Person" means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, or any other entity.

"Project designer" means an individual who designs response actions for commercial or public buildings.

"Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM.

"Response action contractor" means any entity that engages in response action services.

"Response action services" means the service of designing and conducting removal, encapsulation, enclosure, repair, or operations and maintenance of friable asbestos containing building materials, inspection of public or commercial buildings, and inspection of asbestos containing materials. The term does not include the design or conducting of response actions that involve removal or possible disturbance of an amount of asbestos containing building material comprising less than 3 square feet or less than 3 lineal feet of other friable asbestos containing building material.

(Source: P.A. 93-894, eff. 8-10-04.)

(225 ILCS 207/20)

Sec. 20. Powers and Duties of the Agency Department.

(a) The Agency Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act, and compliance with the federal Asbestos School Hazard Abatement Reauthorization Act of 1990.

(b) Rules promulgated by the Agency Department shall include, but not be limited to, rules relating to the correct and safe performance of response action services, rules for the assessment of civil penalties for violations of this Act or rules promulgated under it, and rules providing for the training and licensing of persons and firms (i) to perform asbestos inspection, (ii) to perform abatement work, and (iii) to serve as asbestos abatement contractors, response action contractors, and asbestos workers. The Agency Department is empowered to inspect activities regulated by this Act to ensure compliance.

(c) In carrying out its responsibilities under this Act, the Agency Department shall:

(1) Publish a list of response action contractors licensed under this Act, except that the Agency Department shall not be required to publish a list of licensed asbestos workers; and

(2) Adopt rules for the collection of fees for training course approval and for the licensing of inspectors, project designers, contractors, supervisors, and workers.

(d) The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Agency Department of Public Health under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Agency Department is precluded by law from exercising any discretion.

(e) All final administrative decisions of the Agency Department under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted under it. The term "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.

(f) The Director, after notice and opportunity for hearing to the applicant or license holder, may deny, suspend, or revoke a license or expunge such person from the State list in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or the standards or rules established under it. Notice shall be provided by certified mail, return receipt requested, or by personal service setting forth the particular response for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant, asbestos abatement contractor, or license holder shall be given an opportunity to request hearing.

The hearing shall be conducted by the Director or by an individual designated in writing by the Director as Hearing Officer to conduct the hearing. On the basis of any such hearing, or upon default of the asbestos abatement contractor, applicant or license holder, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail, return receipt requested, or served personally upon the applicant, contractor, or license holder.

The procedure governing hearings authorized by this Section shall be in accordance with rules promulgated by the Agency Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and Hearing Officer. All testimony shall be reported but need not be transcribed unless the decision is sought to be reviewed under the Administrative Review Law. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. The Director or Hearing Officer shall, upon his or her own motion or on the written request of any party to the proceeding, issue subpoenas requiring the attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records, or memoranda. All subpoenas and subpoenas duces tecum issued under this Act may be served by any person of legal age. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the courts of this State, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Director or Hearing Officer, such fees shall be paid in the same manner as other expenses of the Agency Department, and when the witness is subpoenaed at the instance of any other party to any such proceeding the Agency Department may require that the cost of service of the subpoena or subpoena duces tecum and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Agency Department in its discretion may require a deposit to cover the cost of such service and witness fees. A subpoena or subpoena duces tecum so issued as above stated shall be served in the same manner as a subpoena issued by a circuit court.

Any circuit court of this State, upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before the court.

The Director or Hearing Officer, or any party in an investigation or hearing before the Agency Department, may cause the depositions of witnesses within this State to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State, and, to that end, compel the attendance of witnesses and the production of books, papers, records, or memoranda.

(Source: P.A. 89-143, eff. 7-14-95.)

(225 ILCS 207/30)

Sec. 30. Response action contractors. The Agency Department annually shall prepare a list of response action contractors familiar with and capable of complying with all applicable federal and State standards for asbestos containment and removal. Additional response action contractors that wish to be placed on this list shall apply to the Agency Department. The Agency Department shall evaluate this request based on the training, experience, and background of the response action contractors and render a decision. If the Agency Department denies a request, the response action contractor may appeal the decision under the provisions of the Administrative Review Law. The list shall be made available to all building/facility owners who request the list. In contracting for response action services, building/facility owners shall select a response action contractor from the Department's list.

(Source: P.A. 89-143, eff. 7-14-95.)

(225 ILCS 207/35)

Sec. 35. Licensing.

(1) No person may act as an asbestos abatement contractor providing response action services unless the person is licensed as an Asbestos Abatement Contractor by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(2) No person may act as an asbestos supervisor providing response action services unless the person is licensed as a Supervisor by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(3) No person may act as a project designer providing response action services unless the person is licensed as a Project Designer by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(4) No person may act as an asbestos worker providing response action services unless the person is licensed as an Asbestos Worker or a Supervisor by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(5) No person may act as an asbestos inspector unless the person is licensed as an Asbestos Inspector by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(6) No person may act as an air sampling professional unless the person is licensed as an air sampling professional by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(7) No person may act as a project manager unless the person is licensed as a project manager by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(8) No person may act as a management planner unless the person is licensed as a management planner by the Agency Department in accordance with the Asbestos Abatement Act and rules promulgated under it.

(9) Beginning January 1, 2005, no person may act as an asbestos consultant unless the person is licensed as a consultant by the Agency Department in accordance with this Act and rules promulgated under it. The following are exempt from the licensure requirement of this subsection:

(A) An employee of a local education agency who is that local education agency's designated person.

(B) An employee of a State agency while he or she is engaged in his or her professional duties for that State agency.

(10) Individuals and entities that wish to be licensed shall make application on forms prescribed and furnished by the Agency Department. Licenses shall expire annually according to a schedule determined by the Agency Department. Applications for renewal of licenses shall be filed with the Agency Department at least 30 days before the expiration date. When a licensure examination is required, the license application shall be submitted to the Agency Department at least 30 days prior to the date of the scheduled examination. The Agency Department shall evaluate each application based on its minimum standards for licensure, promulgated as rules, and render a decision. Such standards may include a requirement for the successful completion of a course of training approved by the Agency Department. If the Agency Department denies the application, the applicant may appeal the decision under the provisions of the Administrative Review Law.

(Source: P.A. 93-894, eff. 8-10-04.)

(225 ILCS 207/45)

Sec. 45. Asbestos abatement contractor's certificate of financial responsibility. Each asbestos abatement contractor that wishes to be placed on the Agency's Department's approved list of asbestos abatement contractors shall submit to the Agency Department a certificate documenting that the contractor carries liability insurance from a company with at least an "A" rating accorded by A.M. Best & Co., self insurance, group insurance, or group self insurance in an amount of at least $1,000,000 for work performed pursuant to this Act and the rules promulgated under it. No asbestos abatement contractor may be placed on the approved list in the absence of such a certificate. All asbestos abatement contractors presently licensed by the Agency Department in accordance with the Asbestos Abatement Act for public and private schools in Illinois who wish to be on the approved list shall submit the certificate within 90 days of the effective date of this Act.

Each asbestos abatement contractor shall maintain on file with the Agency Department a current certificate of financial responsibility throughout the entire length of time the contractor's name appears on the Agency's Department's list of approved contractors. An asbestos abatement contractor shall notify the Agency Department of any change in the status of a certificate that has been filed including expiration, renewal, or alteration of the terms of the certificate.

(Source: P.A. 89-143, eff. 7-14-95.)

(225 ILCS 207/55)

Sec. 55. Civil penalties. The Agency Department is empowered to assess civil penalties for violations of this Act and the rules promulgated under this Act pursuant to rules for such penalties established by the Agency Department.

(Source: P.A. 89-143, eff. 7-14-95.)

(225 ILCS 207/60)

Sec. 60. Illinois School Asbestos Abatement Fund. All fees and penalties collected by the Agency Department pursuant to this Act shall be deposited into the Illinois School Asbestos Abatement Fund created by Section 16 of the Asbestos Abatement Act, and shall be available to the Agency Department as provided in that Act.

(Source: P.A. 89-143, eff. 7-14-95.)

Section 15. The Environmental Protection Act is amended by adding Section 59 as follows:

(415 ILCS 5/59 new)

Sec. 59. Asbestos Abatement Act; Commercial and Public Buildings Asbestos Abatement Act.

(a) On July 1, 2013, all powers, duties, rights, and responsibilities of the Department of Public Health and the Director of Public Health under the Asbestos Abatement Act and the Commercial and Public Buildings Asbestos Abatement Act are transferred to the Illinois Environmental Protection Agency and the Director of Illinois Environmental Protection Agency. In the context of any statutes or regulations needed to implement or enforce the provisions of either the Asbestos Abatement Act or the Commercial and Public Buildings Asbestos Abatement Act, including but not limited to Part 855 of Title 77 of the Illinois Administrative Code, on and after July 1, 2013, all references to the Department of Public Health shall be construed to mean the Illinois Environmental Protection Agency, and all references to the Director of Public Health shall be construed to mean the Director of the Illinois Environmental Protection Agency.

(b) At the discretion of the Director of the Illinois Environmental Protection Agency, those employees of the Department of Public Health needed to administer either the Asbestos Abatement Act or the Commercial and Public Buildings Asbestos Abatement Act may be transferred to the Illinois Environmental Protection Agency. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.

(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act from the Department of Public Health to the Illinois Environmental Protection Agency, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Illinois Environmental Protection Agency.

(d) All unexpended appropriations and balances and other funds available for use by the Department of Public Health for the administration of the Asbestos Abatement Act or the Commercial and Public Buildings Asbestos Abatement Act shall be transferred for use by the Illinois Environmental Protection Agency pursuant to the direction of the Director of the Illinois Environmental Protection Agency. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.

(e) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Public Health in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act, the same shall be made, given, furnished, or served in the same manner to or upon the Illinois Environmental Protection Agency.

(f) This amendatory Act does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Department of Public Health before this amendatory Act takes effect; such actions or proceedings may be prosecuted and continued by the Illinois Environmental Protection Agency.

(g) Any rules of the Department of Public Health in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act and that are in full force on the effective date of this amendatory Act shall become the rules of the Illinois Environmental Protection Agency. This amendatory Act does not affect the legality of any such rules in the Illinois Administrative Code.

Any proposed rules filed with the Secretary of State by the Department of Public Health in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act that are pending in the rulemaking process on the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Illinois Environmental Protection Agency.

As soon as practicable after the effective date of this Section, the Illinois Environmental Protection Agency shall review, revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. In so doing, the Illinois Environmental Protection Agency shall ensure that a single set of standards apply to all parties similarly situated.

Section 99. Effective date. This Act takes effect July 1, 2013.