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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Child-Safe Chemicals Act. | ||||||||||||||||||||||||
6 | Section 5. Legislative Findings. The General Assembly | ||||||||||||||||||||||||
7 | finds: | ||||||||||||||||||||||||
8 | (a) The incidence of some diseases and disorders that have | ||||||||||||||||||||||||
9 | been linked to chemical exposures is on the rise. | ||||||||||||||||||||||||
10 | (b) The metabolism, physiology, and toxic chemical | ||||||||||||||||||||||||
11 | exposure patterns of developing fetuses, infants, and children | ||||||||||||||||||||||||
12 | differ from those of adults, which makes children more | ||||||||||||||||||||||||
13 | vulnerable than adults to the harmful effects of exposure to | ||||||||||||||||||||||||
14 | some synthetic chemicals. | ||||||||||||||||||||||||
15 | (c) Unlike pharmaceuticals and pesticides, manufacturers | ||||||||||||||||||||||||
16 | of most chemical substances are not required under current law | ||||||||||||||||||||||||
17 | to supply human or environmental toxicity information before | ||||||||||||||||||||||||
18 | selling their products to the public. Consequently, the vast | ||||||||||||||||||||||||
19 | majority of chemicals used in consumer products have never had | ||||||||||||||||||||||||
20 | any federal or state government review to evaluate potential | ||||||||||||||||||||||||
21 | toxicity to infants, children, developing fetuses, or adults. | ||||||||||||||||||||||||
22 | (d) To protect children's health, it is important to reduce | ||||||||||||||||||||||||
23 | or eliminate exposures to certain chemicals that are present in |
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1 | children's products or that may be reasonably anticipated | ||||||
2 | either to be placed in children's mouths or to result in | ||||||
3 | children's exposure. | ||||||
4 | Section 10. Definitions. | ||||||
5 | "Children's cosmetics" means cosmetics that are made for, | ||||||
6 | marketed for use by, or marketed to children under the age of | ||||||
7 | 12. "Children's cosmetics" includes, but is not limited to, | ||||||
8 | cosmetics that meet any one or more of the following | ||||||
9 | conditions:
| ||||||
10 | (a) Represented in its packaging, display, or | ||||||
11 | advertising as appropriate for use by children. | ||||||
12 | (b) Sold in conjunction with, attached to, or packaged | ||||||
13 | together with other products that are packaged, displayed, | ||||||
14 | or advertised as appropriate for use by children. | ||||||
15 | (c) Sold in any one or more of the following: | ||||||
16 | (i) A retail store, catalog, or online Web site, in | ||||||
17 | which a person offers for sale products that are | ||||||
18 | packaged, displayed, or advertised as appropriate for | ||||||
19 | use by children. | ||||||
20 | (ii) A discrete portion of a retail store, catalog, | ||||||
21 | or online Web site, in which a person offers for sale | ||||||
22 | products that are packaged, displayed, or advertised | ||||||
23 | as appropriate for use by children. | ||||||
24 | "Children's jewelry" means jewelry that is made for, | ||||||
25 | marketed for use by, or marketed to children under the age of |
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| |||||||
1 | 12. "Children's jewelry" includes, but is not limited to, | ||||||
2 | jewelry that meets any one or more of the following conditions: | ||||||
3 | (a) Represented in its packaging, display, or | ||||||
4 | advertising as appropriate for use by children under the | ||||||
5 | age of 12. | ||||||
6 | (b) Sold in conjunction with, attached to, or packaged | ||||||
7 | together with other products that are packaged, displayed, | ||||||
8 | or advertised as appropriate for use by children. | ||||||
9 | (c) Sized for children and not intended for use by | ||||||
10 | adults. | ||||||
11 | (d) Sold in any one or more of the following: | ||||||
12 | (i) A vending machine. | ||||||
13 | (ii) A retail store, catalog, or online Web site, | ||||||
14 | in which a person offers for sale products that are | ||||||
15 | packaged, displayed, or advertised as appropriate for | ||||||
16 | use by children. | ||||||
17 | (iii) A discrete portion of a retail store, | ||||||
18 | catalog, or online Web site, in which a person offers | ||||||
19 | for sale products that are packaged, displayed, or | ||||||
20 | advertised as appropriate for use by children. | ||||||
21 | "Children's product" means any of the following: | ||||||
22 | (a) Toys. | ||||||
23 | (b) Children's cosmetics. | ||||||
24 | (c) Children's jewelry. | ||||||
25 | (d) Products designed or intended by the manufacturer | ||||||
26 | to help a child with sucking or teething; to facilitate |
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1 | sleep, relaxation, or the feeding of a child; or to be worn | ||||||
2 | as clothing by children. | ||||||
3 | (e) Child car seats. | ||||||
4 | "Cosmetics" means articles intended to be rubbed, poured, | ||||||
5 | sprinkled, or sprayed on, introduced into, or otherwise applied | ||||||
6 | to the human body or any part thereof for cleansing, | ||||||
7 | beautifying, promoting attractiveness, or altering the | ||||||
8 | appearance, and articles intended for use as a component of | ||||||
9 | such an article. "Cosmetics" does not include soap, dietary | ||||||
10 | supplements, or food or drugs approved by the federal Food and | ||||||
11 | Drug Administration. | ||||||
12 | "Manufacturer" means the person who manufactured a final | ||||||
13 | product or the person whose brand name is affixed to a final | ||||||
14 | product. In the case of a product that was imported into the | ||||||
15 | United States, "manufacturer" includes the importer or | ||||||
16 | domestic distributor of the product if the person who | ||||||
17 | manufactured or assembled the product or whose brand name is | ||||||
18 | affixed to the product does not have a presence in the United | ||||||
19 | States. | ||||||
20 | "Person" means any individual, partnership, | ||||||
21 | co-partnership, firm, company, limited liability company, | ||||||
22 | corporation, association, joint stock company, trust, estate, | ||||||
23 | political subdivision, state agency, or any other legal entity, | ||||||
24 | or his, her, or its legal representative, agent, or assigns. | ||||||
25 | "Toy" means a product designed or intended by the | ||||||
26 | manufacturer to be used by a child at play. |
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1 | Section 15. Children's Health Advisory Panel. | ||||||
2 | (a) The Children's Health Advisory Panel is established and | ||||||
3 | shall consist of the Director of the Illinois Department of | ||||||
4 | Public Health or his or her designee, the Director of the | ||||||
5 | Illinois Environmental Protection Agency or his or her | ||||||
6 | designee, and 5 members appointed jointly by the Directors of | ||||||
7 | the Illinois Department of Public Health and Illinois | ||||||
8 | Environmental Protection Agency. Appointed members must | ||||||
9 | possess knowledge and expertise in fields relevant to | ||||||
10 | children's health, chemical exposure, and risk assessment. The | ||||||
11 | members of the Advisory Panel may organize themselves as they | ||||||
12 | deem necessary and shall serve without compensation. | ||||||
13 | (b) No later than January 1, 2011, the Children's Health | ||||||
14 | Advisory Panel shall recommend to the Governor and General | ||||||
15 | Assembly a pilot program for addressing chemicals that pose a | ||||||
16 | threat to children's health based on potential exposure to | ||||||
17 | children from children's products. At a minimum, the pilot | ||||||
18 | program shall address the following: | ||||||
19 | (1) Identifying chemicals that pose a threat to | ||||||
20 | children's health based on potential exposure. | ||||||
21 | (2) Establishing limits for those chemicals in | ||||||
22 | children's products. | ||||||
23 | (3) Identifying safer alternatives to those chemicals | ||||||
24 | and requiring or creating incentives for the development of | ||||||
25 | those alternatives. |
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1 | (4) Ensuring appropriate access to all information | ||||||
2 | related to the effects of a chemical substance on | ||||||
3 | children's health. | ||||||
4 | (5) Informing consumers about chemicals that pose a | ||||||
5 | threat to children's health. | ||||||
6 | The Children's Health Advisory Panel shall use the | ||||||
7 | recommended pilot program to analyze 5 chemicals and shall | ||||||
8 | include the results of the analysis in its recommendation to | ||||||
9 | the Governor and General Assembly. The 5 chemicals shall be | ||||||
10 | chemicals that may pose a threat to children's health based on | ||||||
11 | potential exposure to children from children's products. The 5 | ||||||
12 | chemicals shall be selected jointly by the Directors of the | ||||||
13 | Illinois Department of Public Health and the Illinois | ||||||
14 | Environmental Protection Agency. | ||||||
15 | Section 80. The Environmental Protection Act is amended by | ||||||
16 | changing Section 4 as follows:
| ||||||
17 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| ||||||
18 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
19 | duties.
| ||||||
20 | (a) There is established in the Executive Branch of the | ||||||
21 | State Government an
agency to be known as the Environmental | ||||||
22 | Protection Agency. This Agency shall
be under the supervision | ||||||
23 | and direction of a Director who shall be appointed by
the | ||||||
24 | Governor with the advice and consent of the Senate. The term of |
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| |||||||
1 | office
of the Director shall expire on the third Monday of | ||||||
2 | January in odd numbered
years, provided that he or she shall | ||||||
3 | hold office until a successor is appointed
and has qualified. | ||||||
4 | The Director shall
receive an annual salary as set by the | ||||||
5 | Governor from time to time or as set by
the Compensation Review | ||||||
6 | Board, whichever is greater. If set by the Governor,
the | ||||||
7 | Director's annual salary may not exceed 85% of the Governor's | ||||||
8 | annual
salary. The Director, in accord with the Personnel Code, | ||||||
9 | shall employ and
direct such personnel, and shall provide for | ||||||
10 | such laboratory and other
facilities, as may be necessary to | ||||||
11 | carry out the purposes of this Act. In
addition, the Director | ||||||
12 | may by agreement secure such services as he or she
may deem | ||||||
13 | necessary from any other department, agency, or unit of the | ||||||
14 | State
Government, and may employ and compensate such | ||||||
15 | consultants and technical
assistants as may be required.
| ||||||
16 | (b) The Agency shall have the duty to collect and | ||||||
17 | disseminate such
information, acquire such technical data, and | ||||||
18 | conduct such experiments
as may be required to carry out the | ||||||
19 | purposes of this Act, including
ascertainment of the quantity | ||||||
20 | and nature of discharges from any
contaminant source and data | ||||||
21 | on those sources, and to operate and arrange
for the operation | ||||||
22 | of devices for the monitoring of environmental quality.
| ||||||
23 | (c) The Agency shall have authority to conduct a program of
| ||||||
24 | continuing surveillance and of regular or periodic inspection | ||||||
25 | of actual
or potential contaminant or noise sources, of public | ||||||
26 | water supplies, and
of refuse disposal sites.
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1 | (d) In accordance with constitutional limitations,
the | ||||||
2 | Agency shall have authority to enter at all reasonable times
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3 | upon any private or public property for the purpose of:
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4 | (1) Inspecting and investigating to ascertain possible | ||||||
5 | violations of
this Act, any rule or regulation adopted | ||||||
6 | under this Act, any permit or
term or condition of a | ||||||
7 | permit, or any Board order; or
| ||||||
8 | (2) In accordance with the provisions of this Act, | ||||||
9 | taking whatever
preventive or corrective action, including | ||||||
10 | but not limited to removal or
remedial action, that is | ||||||
11 | necessary or appropriate whenever there is a
release or a | ||||||
12 | substantial threat of a release of (A) a hazardous
| ||||||
13 | substance or pesticide or (B) petroleum from an underground | ||||||
14 | storage tank.
| ||||||
15 | (e) The Agency shall have the duty to investigate | ||||||
16 | violations of this
Act, any rule or regulation adopted under | ||||||
17 | this Act, any permit or
term or condition of a permit, or any | ||||||
18 | Board order;
to issue administrative citations as provided in | ||||||
19 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
20 | action as is provided
for by Section 34 of this Act.
| ||||||
21 | (f) The Agency shall appear before the Board in any hearing | ||||||
22 | upon a
petition for variance, the denial of a permit, or the | ||||||
23 | validity or effect
of a rule or regulation of the Board, and | ||||||
24 | shall have the authority to
appear before the Board in any | ||||||
25 | hearing under the Act.
| ||||||
26 | (g) The Agency shall have the duty to administer, in accord |
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1 | with
Title X of this Act, such permit and certification systems | ||||||
2 | as may be
established by this Act or by regulations adopted | ||||||
3 | thereunder.
The Agency may enter into written delegation | ||||||
4 | agreements with any department,
agency, or unit of State or | ||||||
5 | local government under which all or portions
of this duty may | ||||||
6 | be delegated for public water supply storage and transport
| ||||||
7 | systems, sewage collection and transport systems, air | ||||||
8 | pollution control
sources with uncontrolled emissions of 100 | ||||||
9 | tons per year or less and
application of algicides to waters of | ||||||
10 | the State. Such delegation
agreements will require that the | ||||||
11 | work to be performed thereunder will be
in accordance with | ||||||
12 | Agency criteria, subject to Agency review, and shall
include | ||||||
13 | such financial and program auditing by the Agency as may be | ||||||
14 | required.
| ||||||
15 | (h) The Agency shall have authority to require the | ||||||
16 | submission of
complete plans and specifications from any | ||||||
17 | applicant for a permit
required by this Act or by regulations | ||||||
18 | thereunder, and to require the
submission of such reports | ||||||
19 | regarding actual or potential violations of
this Act, any rule | ||||||
20 | or regulation adopted under this Act, any permit or
term or | ||||||
21 | condition of a permit, or any Board order, as may be necessary | ||||||
22 | for the purposes of
this Act.
| ||||||
23 | (i) The Agency shall have authority to make recommendations | ||||||
24 | to the
Board for the adoption of regulations under Title VII of | ||||||
25 | the Act.
| ||||||
26 | (j) The Agency shall have the duty to represent the State |
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| |||||||
1 | of
Illinois in any and all matters pertaining to plans, | ||||||
2 | procedures, or
negotiations for interstate compacts or other | ||||||
3 | governmental arrangements
relating to environmental | ||||||
4 | protection.
| ||||||
5 | (k) The Agency shall have the authority to accept, receive, | ||||||
6 | and
administer on behalf of the State any grants, gifts, loans, | ||||||
7 | indirect cost
reimbursements, or other funds made available to | ||||||
8 | the State from any source
for purposes of this Act or for air | ||||||
9 | or water pollution control, public water
supply, solid waste | ||||||
10 | disposal, noise abatement, or other environmental
protection | ||||||
11 | activities, surveys, or programs. Any federal funds received by | ||||||
12 | the
Agency pursuant to this subsection shall be deposited in a | ||||||
13 | trust fund with the
State Treasurer and held and disbursed by | ||||||
14 | him in accordance with Treasurer as
Custodian of Funds Act, | ||||||
15 | provided that such monies shall be used only for the
purposes | ||||||
16 | for which they are contributed and any balance remaining shall | ||||||
17 | be
returned to the contributor.
| ||||||
18 | The Agency is authorized to promulgate such regulations and | ||||||
19 | enter
into such contracts as it may deem necessary for carrying | ||||||
20 | out the
provisions of this subsection.
| ||||||
21 | (l) The Agency is hereby designated as water pollution | ||||||
22 | agency for
the state for all purposes of the Federal Water | ||||||
23 | Pollution Control Act, as
amended; as implementing agency for | ||||||
24 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
25 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
26 | 1425 of that Act; as air pollution agency for the state for all
|
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| |||||||
1 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
2 | approved December 31,
1970, as amended; and as solid waste | ||||||
3 | agency for the state for all purposes of
the Solid Waste | ||||||
4 | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||||||
5 | amended by the Resource Recovery Act of 1970, Public Law | ||||||
6 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
7 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
8 | 94-580) approved October 21, 1976, as amended; as
noise control | ||||||
9 | agency for the state for all purposes of the Noise Control Act | ||||||
10 | of
1972, Public Law 92-574, approved October 27, 1972, as | ||||||
11 | amended; and as
implementing agency for the State for all | ||||||
12 | purposes of the Comprehensive
Environmental Response, | ||||||
13 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
14 | amended; and otherwise as pollution control agency for the | ||||||
15 | State pursuant
to federal laws integrated with the foregoing | ||||||
16 | laws, for financing purposes or
otherwise. The Agency is hereby | ||||||
17 | authorized to take all action necessary or
appropriate to | ||||||
18 | secure to the State the benefits of such federal Acts, provided
| ||||||
19 | that the Agency shall transmit to the United States without | ||||||
20 | change any
standards adopted by the Pollution Control Board | ||||||
21 | pursuant to Section 5(c) of
this Act. This subsection (l) of | ||||||
22 | Section 4 shall not be construed to bar or
prohibit the | ||||||
23 | Environmental Protection Trust Fund Commission from accepting,
| ||||||
24 | receiving, and administering on behalf of the State any grants, | ||||||
25 | gifts,
loans or other funds for which the Commission is | ||||||
26 | eligible pursuant to the
Environmental Protection Trust Fund |
| |||||||
| |||||||
1 | Act. The Agency is hereby designated as
the State agency for | ||||||
2 | all purposes of administering the requirements of Section
313 | ||||||
3 | of the federal Emergency Planning and Community Right-to-Know | ||||||
4 | Act of 1986.
| ||||||
5 | Any municipality, sanitary district, or other political | ||||||
6 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
7 | which makes application
for loans or grants under such federal | ||||||
8 | Acts shall notify the Agency of
such application; the Agency | ||||||
9 | may participate in proceedings under such
federal Acts.
| ||||||
10 | (m) The Agency shall have authority, consistent with | ||||||
11 | Section 5(c)
and other provisions of this Act, and for purposes | ||||||
12 | of Section 303(e) of
the Federal Water Pollution Control Act, | ||||||
13 | as now or hereafter amended,
to engage in planning processes | ||||||
14 | and activities and to develop
plans in cooperation with units | ||||||
15 | of local government, state agencies and
officers, and other | ||||||
16 | appropriate persons in connection with the
jurisdiction or | ||||||
17 | duties of each such unit, agency, officer or person.
Public | ||||||
18 | hearings shall be held on the planning process, at which any
| ||||||
19 | person shall be permitted to appear and be heard, pursuant to | ||||||
20 | procedural
regulations promulgated by the Agency.
| ||||||
21 | (n) In accordance with the powers conferred upon the Agency | ||||||
22 | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||||||
23 | Agency shall
have authority to establish and enforce minimum | ||||||
24 | standards for the
operation of laboratories relating to | ||||||
25 | analyses and laboratory tests for
air pollution, water | ||||||
26 | pollution, noise emissions, contaminant discharges
onto land |
| |||||||
| |||||||
1 | and sanitary, chemical, and mineral quality of water
| ||||||
2 | distributed by a public water supply. The Agency may enter into | ||||||
3 | formal
working agreements with other departments or agencies of | ||||||
4 | state
government under which all or portions of this authority | ||||||
5 | may be
delegated to the cooperating department or agency.
| ||||||
6 | (o) The Agency shall have the authority to issue | ||||||
7 | certificates of
competency to persons and laboratories meeting | ||||||
8 | the minimum standards
established by the Agency in accordance | ||||||
9 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
10 | regulations relevant to the issuance and
use of such | ||||||
11 | certificates. The Agency may enter into formal working
| ||||||
12 | agreements with other departments or agencies of state | ||||||
13 | government under
which all or portions of this authority may be | ||||||
14 | delegated to the
cooperating department or agency.
| ||||||
15 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
16 | have the
duty to analyze samples as required
from each public | ||||||
17 | water supply to determine compliance with the
contaminant | ||||||
18 | levels specified by the Pollution Control Board. The maximum
| ||||||
19 | number of samples which the Agency shall be required to analyze | ||||||
20 | for
microbiological quality shall be 6 per month, but the | ||||||
21 | Agency may, at its
option, analyze a larger number each month | ||||||
22 | for any supply. Results of
sample analyses for additional | ||||||
23 | required bacteriological testing,
turbidity, residual chlorine | ||||||
24 | and radionuclides are to be provided to the
Agency in | ||||||
25 | accordance with Section 19. Owners of water supplies may enter
| ||||||
26 | into agreements with the Agency to provide for reduced Agency
|
| |||||||
| |||||||
1 | participation in sample analyses.
| ||||||
2 | (q) The Agency shall have the authority to provide notice | ||||||
3 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
4 | this Act for a
release or a substantial threat of a release of | ||||||
5 | a hazardous substance or
pesticide. Such notice shall include | ||||||
6 | the identified response action and an
opportunity for such | ||||||
7 | person to perform the response action.
| ||||||
8 | (r) The Agency may enter into written delegation agreements | ||||||
9 | with any
unit of local government under which it may delegate | ||||||
10 | all or portions of its
inspecting, investigating and | ||||||
11 | enforcement functions. Such delegation
agreements shall | ||||||
12 | require that work performed thereunder be in accordance
with | ||||||
13 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
14 | any other provision of law to the contrary, no unit of
local | ||||||
15 | government shall be liable for any injury resulting from the | ||||||
16 | exercise
of its authority pursuant to such a delegation | ||||||
17 | agreement unless the injury
is proximately caused by the | ||||||
18 | willful and wanton negligence of an agent or
employee of the | ||||||
19 | unit of local government, and any policy of insurance
coverage | ||||||
20 | issued to a unit of local government may provide for the denial | ||||||
21 | of
liability and the nonpayment of claims based upon injuries | ||||||
22 | for which the unit
of local government is not liable pursuant | ||||||
23 | to this subsection (r).
| ||||||
24 | (s) The Agency shall have authority to take whatever | ||||||
25 | preventive or
corrective action is necessary or appropriate, | ||||||
26 | including but not limited to
expenditure of monies appropriated |
| |||||||
| |||||||
1 | from the Build Illinois Bond Fund and
the Build Illinois | ||||||
2 | Purposes Fund for removal or remedial action, whenever
any | ||||||
3 | hazardous substance or pesticide is released or
there is a | ||||||
4 | substantial threat of such a release into the environment. The
| ||||||
5 | State, the Director, and any State employee shall be | ||||||
6 | indemnified for any
damages or injury arising out of or | ||||||
7 | resulting from any action taken under
this subsection. The | ||||||
8 | Director of the Agency is authorized to enter into
such | ||||||
9 | contracts and agreements as are necessary
to carry out the | ||||||
10 | Agency's duties under this subsection.
| ||||||
11 | (t) The Agency shall have authority to distribute grants, | ||||||
12 | subject to
appropriation by the General Assembly, for financing | ||||||
13 | and construction of
municipal wastewater facilities. With | ||||||
14 | respect to all monies appropriated
from the Build Illinois Bond | ||||||
15 | Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
16 | facility grants, the Agency shall make
distributions in | ||||||
17 | conformity with the rules and regulations established
pursuant | ||||||
18 | to the Anti-Pollution Bond Act, as now or hereafter amended.
| ||||||
19 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
20 | the
Agency shall have the authority to adopt such rules as are | ||||||
21 | necessary or
appropriate for the Agency to implement Section | ||||||
22 | 31.1 of this Act.
| ||||||
23 | (v) (Blank.)
| ||||||
24 | (w) Neither the State, nor the Director, nor the Board, nor | ||||||
25 | any State
employee shall be liable for any damages or injury | ||||||
26 | arising out of or
resulting from any action taken under |
| |||||||
| |||||||
1 | subsection (s).
| ||||||
2 | (x)(1) The Agency shall have authority to distribute | ||||||
3 | grants, subject to
appropriation by the General Assembly, | ||||||
4 | to units of local government for
financing and construction | ||||||
5 | of public water supply facilities. With respect
to all | ||||||
6 | monies appropriated from the Build Illinois Bond Fund or | ||||||
7 | the Build
Illinois Purposes Fund for public water supply | ||||||
8 | grants, such grants shall be
made in accordance with rules | ||||||
9 | promulgated by the Agency.
Such rules shall include a | ||||||
10 | requirement for a local match of 30% of the
total project | ||||||
11 | cost for projects funded through such grants.
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12 | (2) The Agency shall not terminate a grant to a unit of | ||||||
13 | local government
for the financing and construction of | ||||||
14 | public water supply facilities unless
and until the Agency | ||||||
15 | adopts rules that set forth precise and complete
standards, | ||||||
16 | pursuant to Section 5-20 of the Illinois Administrative
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17 | Procedure Act, for the termination of such grants. The | ||||||
18 | Agency shall not
make determinations on whether specific | ||||||
19 | grant conditions are necessary to
ensure the integrity of a | ||||||
20 | project or on whether subagreements shall be
awarded, with | ||||||
21 | respect to grants for the financing and construction of
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22 | public water supply facilities, unless and until the Agency | ||||||
23 | adopts rules
that set forth precise and complete standards, | ||||||
24 | pursuant to Section 5-20
of the Illinois Administrative | ||||||
25 | Procedure Act, for making such
determinations. The Agency | ||||||
26 | shall not issue a stop-work order in relation to
such |
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1 | grants unless and until the Agency adopts precise and | ||||||
2 | complete standards,
pursuant to Section 5-20 of the | ||||||
3 | Illinois Administrative Procedure Act, for
determining | ||||||
4 | whether to issue a stop-work order.
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5 | (y) The Agency shall have authority to release any person | ||||||
6 | from further
responsibility for preventive or corrective | ||||||
7 | action under this Act following
successful completion of | ||||||
8 | preventive or corrective action undertaken by such
person upon | ||||||
9 | written request by the person.
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10 | (z) The Agency, acting either individually or in | ||||||
11 | cooperation with other states or government entities, may | ||||||
12 | maintain or participate in a clearinghouse for information | ||||||
13 | pertaining to the presence of, the hazardous traits associated | ||||||
14 | with, and the potential for human and environmental health | ||||||
15 | effects of (i) chemicals in consumer products and (ii) known or | ||||||
16 | potential alternatives to those chemicals. Information in the | ||||||
17 | clearinghouse must be publicly accessible through the | ||||||
18 | Internet. | ||||||
19 | For purposes of this subsection, the term "consumer | ||||||
20 | product" means any item sold for residential or commercial use, | ||||||
21 | including any component parts and packaging. For purposes of | ||||||
22 | this subsection, "consumer product" does not include (i) a drug | ||||||
23 | or biologic regulated by the U.S. Food and Drug Administration, | ||||||
24 | (ii) a food, beverage, or food or beverage additive, (iii) | ||||||
25 | tobacco products, or (iv) a pesticide regulated by the U.S. | ||||||
26 | Environmental Protection Agency; however, the term "consumer |
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1 | product" does include any container or packaging in which any | |||||||||||||||||||||||||||||||||||
2 | of these excluded items are sold. | |||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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4 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||
5 | becoming law.
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