Public Act 096-0537
 
SB2145 Enrolled LRB096 01978 JDS 11988 b

    AN ACT concerning environmental safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (105 ILCS 105/5a rep.)
    Section 3. The Asbestos Abatement Act is amended by
repealing Section 5a.
 
    Section 5. The Asbestos Abatement Act is amended by
changing Section 6 as follows:
 
    (105 ILCS 105/6)  (from Ch. 122, par. 1406)
    Sec. 6. Powers and Duties of the Department.
    (a) The 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 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
    Department.
    (c) In carrying out its responsibilities under this Act,
the Department shall:
        (1) publish a list of persons and firms licensed
    pursuant to this Act, except that the Department shall not
    be required to publish a list of licensed asbestos workers;
    and
        (2) require each local educational agency to maintain
    records of asbestos-related activities, which shall be
    made available to the Department upon request. ; and
        (3) require local educational agencies to submit to the
    Department for review and approval all asbestos-related
    response action contracts for which the local educational
    agency seeks indemnification under the Response Action
    Contractor Indemnification Act, and with respect to such
    response action contracts, to collect from the local
    educational agency and deposit in the Response Contractors
    Indemnification Fund 5% of the amount of each response
    action contract, as required under the Response Action
    Contractor Indemnification Act.
    (d) 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. 91-357, eff. 7-29-99.)
 
    Section 10. The Response Action Contractor Indemnification
Act is amended by changing Section 5 and adding Section 8 as
follows:
 
    (415 ILCS 100/5)  (from Ch. 111 1/2, par. 7205)
    Sec. 5. Response Contractors Indemnification Fund.
    (a) There is hereby created the Response Contractors
Indemnification Fund. The State Treasurer, ex officio, shall be
custodian of the Fund, and the Comptroller shall direct
payments from the Fund upon vouchers properly certified by the
Attorney General in accordance with Section 4. The Treasurer
shall credit interest on the Fund to the Fund.
    (b) Every State response action contract shall provide that
5% of each payment to be made by the State under the contract
shall be paid by the State directly into the Response
Contractors Indemnification Fund rather than to the
contractor, except that when there is at least $100,000 in the
Fund at the beginning of a State fiscal year, State response
action contracts during that fiscal year need not provide that
5% of each payment made under the contract be paid into the
Fund. When only a portion of a contract relates to a remedial
or response action, or to the identification, handling,
storage, treatment or disposal of a pollutant, the contract
shall provide that only that portion is subject to this
subsection.
    (c) Within 30 days after the effective date of this
amendatory Act of 1997, the Comptroller shall order transferred
and the Treasurer shall transfer $1,200,000 from the Response
Contractors Indemnification Fund to the Brownfields
Redevelopment Fund. The Comptroller shall order transferred
and the Treasurer shall transfer $1,200,000 from the Response
Contractors Indemnification Fund to the Brownfields
Redevelopment Fund on the first day of fiscal years 1999, 2000,
2001, 2002, and 2003.
    (d) Within 30 days after the effective date of this
amendatory Act of the 91st General Assembly, the Comptroller
shall order transferred and the Treasurer shall transfer
$2,000,000 from the Response Contractors Indemnification Fund
to the Asbestos Abatement Fund.
    (e) Within 30 days after the effective date of this
amendatory Act of the 93rd General Assembly, the Comptroller
shall order transferred and the Treasurer shall transfer all
monies in the Response Action Contractor Indemnification Fund
in excess of $100,000 from the Response Action Contractor
Indemnification Fund to the Brownfields Redevelopment Fund.
    (f) Within 30 days after the effective date of this
amendatory Act of the 96th General Assembly, the State
Comptroller shall order transferred and the State Treasurer
shall transfer all moneys in the Response Action Contractor
Indemnification Fund to the Brownfields Redevelopment Fund.
(Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)
 
    (415 ILCS 100/8 new)
    Sec. 8. Repealer. This Act is repealed on the 31st day
after the effective date of this amendatory Act of the 96th
General Assembly.
 
    Section 15. The Alternate Fuels Act is amended by changing
Section 30 as follows:
 
    (415 ILCS 120/30)
    Sec. 30. Rebate program. Beginning January 1, 1997, and as
long as funds are available, each owner of an alternate fuel
vehicle shall be eligible to apply for a rebate. Beginning July
1, 2005, each owner of a vehicle using domestic renewable fuel
is eligible to apply for a fuel cost differential rebate under
subsection (c) of this Section. The Agency shall cause rebates
to be issued under the provisions of this Act. An owner may
apply for only one of 3 types of rebates with regard to an
individual alternate fuel vehicle: (i) a conversion cost
rebate, (ii) an OEM differential cost rebate, or (iii) a fuel
cost differential rebate. Only one rebate may be issued with
regard to a particular alternate fuel vehicle during the life
of that vehicle. A rebate shall not exceed $4,000 per vehicle.
Over the life of this rebate program, an owner of an alternate
fuel vehicle or a vehicle using domestic renewable fuel may not
receive rebates for more than 150 vehicles per location or for
300 vehicles in total.
    (a) A conversion cost rebate may be issued to an owner or
his or her designee in order to reduce the cost of converting
of a conventional vehicle to an alternate fuel vehicle.
Conversion of a conventional vehicle to alternate fuel
capability must take place in Illinois for the owner to be
eligible for the conversion cost rebate. Amounts spent by
applicants within a calendar year may be claimed on a rebate
application submitted within 12 months after the month in which
the conversion of the vehicle took place during that calendar
year. Approved conversion cost rebates applied for during or
after calendar year 1997 shall be 80% of all approved
conversion costs claimed and documented. Approval of
conversion cost rebates may continue after calendar year 2002,
if funds are still available. An applicant may include on an
application submitted in 1997 all amounts spent within that
calendar year on the conversion, even if the expenditure
occurred before promulgation of the Agency rules.
    (b) An OEM differential cost rebate may be issued to an
owner or his or her designee in order to reduce the cost
differential between a conventional vehicle or engine and the
same vehicle or engine, produced by an original equipment
manufacturer, that has the capability to use alternate fuels.
    A new OEM vehicle or engine must be purchased in Illinois
and must either be an alternate fuel vehicle or used in an
alternate fuel vehicle, respectively, for the owner to be
eligible for an OEM differential cost rebate. Large vehicles,
over 8,500 pounds gross vehicle weight, purchased outside
Illinois are eligible for an OEM differential cost rebate if
the same or a comparable vehicle is not available for purchase
in Illinois. Amounts spent by applicants within a calendar year
may be claimed on a rebate application submitted within 12
months after the month in which the new OEM vehicle or engine
was purchased during that calendar year.
    Approved OEM differential cost rebates applied for during
or after calendar year 1997 shall be 80% of all approved cost
differential claimed and documented. Approval of OEM
differential cost rebates may continue after calendar year
2002, if funds are still available. An applicant may include on
an application submitted in 1997 all amounts spent within that
calendar year on OEM equipment, even if the expenditure
occurred before promulgation of the Agency rules.
    (c) A fuel cost differential rebate may be issued to an
owner or his or her designee in order to reduce the cost
differential between conventional fuels and domestic renewable
fuels or alternate fuels purchased to operate an alternate fuel
vehicle . The fuel cost differential shall be based on a 3-year
life cycle cost analysis developed by the Agency by rulemaking.
The rebate shall apply to and be payable during a consecutive
3-year period commencing on the date the application is
approved by the Agency. Approved fuel cost differential rebates
may be applied for during or after calendar year 1997 and
approved rebates shall be 80% of the cost differential for a
consecutive 3-year period. Approval of fuel cost differential
rebates may continue after calendar year 2002 if funds are
still available.
    Twenty-five percent of the amount that is appropriated
under Section 40 to be used to fund programs authorized by this
Section during calendar year 2001 shall be designated to fund
fuel cost differential rebates. If the total dollar amount of
approved fuel cost differential rebate applications as of July
1, 2001 is less than the amount designated for that calendar
year, the balance of designated funds shall be immediately
available to fund any rebate authorized by this Section and
approved in the calendar year.
    An approved fuel cost differential rebate shall be paid to
an owner in 3 annual installments on or about the anniversary
date of the approval of the application. Owners receiving a
fuel cost differential rebate shall be required to demonstrate,
through recordkeeping, the use of domestic renewable fuels
during the 3-year period commencing on the date the application
is approved by the Agency. If the vehicle ceases to be
registered to the original applicant owner, a prorated
installment shall be paid to that owner or the owner's designee
and the remainder of the rebate shall be canceled.
    (d) Vehicles owned by the federal government or vehicles
registered in a state outside Illinois are not eligible for
rebates.
(Source: P.A. 94-62, eff. 6-20-05; 94-1079, eff. 6-1-07.)
 
    (225 ILCS 220/Act rep.)
    Section 20. The Hazardous Waste Crane and Hoisting
Equipment Operators Licensing Act is repealed.
 
    (225 ILCS 221/Act rep.)
    Section 25. The Hazardous Waste Laborers Licensing Act is
repealed.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.