SB3531 EnrolledLRB100 18248 SMS 33451 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-15, 5-20, 5-300, 5-310, 5-315,
65-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
75-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, and
85-420 as follows:
 
9    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
10    Sec. 5-15. Departments of State government. The
11Departments of State government are created as follows:
12    The Department on Aging.
13    The Department of Agriculture.
14    The Department of Central Management Services.
15    The Department of Children and Family Services.
16    The Department of Commerce and Economic Opportunity.
17    The Department of Corrections.
18    The Department of Employment Security.
19    The Illinois Emergency Management Agency.
20    The Department of Financial and Professional Regulation.
21    The Department of Healthcare and Family Services.
22    The Department of Human Rights.
23    The Department of Human Services.

 

 

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1    The Department of Innovation and Technology.
2    The Department of Insurance.
3    The Department of Juvenile Justice.
4    The Department of Labor.
5    The Department of the Lottery.
6    The Department of Natural Resources.
7    The Department of Public Health.
8    The Department of Revenue.
9    The Department of State Police.
10    The Department of Transportation.
11    The Department of Veterans' Affairs.
12(Source: P.A. 100-611, eff. 7-20-18.)
 
13    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
14    Sec. 5-20. Heads of departments. Each department shall have
15an officer as its head who shall be known as director or
16secretary and who shall, subject to the provisions of the Civil
17Administrative Code of Illinois, execute the powers and
18discharge the duties vested by law in his or her respective
19department.
20    The following officers are hereby created:
21    Director of Aging, for the Department on Aging.
22    Director of Agriculture, for the Department of
23Agriculture.
24    Director of Central Management Services, for the
25Department of Central Management Services.

 

 

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1    Director of Children and Family Services, for the
2Department of Children and Family Services.
3    Director of Commerce and Economic Opportunity, for the
4Department of Commerce and Economic Opportunity.
5    Director of Corrections, for the Department of
6Corrections.
7    Director of the Illinois Emergency Management Agency, for
8the Illinois Emergency Management Agency.
9    Director of Employment Security, for the Department of
10Employment Security.
11    Secretary of Financial and Professional Regulation, for
12the Department of Financial and Professional Regulation.
13    Director of Healthcare and Family Services, for the
14Department of Healthcare and Family Services.
15    Director of Human Rights, for the Department of Human
16Rights.
17    Secretary of Human Services, for the Department of Human
18Services.
19    Secretary of Innovation and Technology, for the Department
20of Innovation and Technology.
21    Director of Insurance, for the Department of Insurance.
22    Director of Juvenile Justice, for the Department of
23Juvenile Justice.
24    Director of Labor, for the Department of Labor.
25    Director of the Lottery, for the Department of the Lottery.
26    Director of Natural Resources, for the Department of

 

 

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1Natural Resources.
2    Director of Public Health, for the Department of Public
3Health.
4    Director of Revenue, for the Department of Revenue.
5    Director of State Police, for the Department of State
6Police.
7    Secretary of Transportation, for the Department of
8Transportation.
9    Director of Veterans' Affairs, for the Department of
10Veterans' Affairs.
11(Source: P.A. 100-611, eff. 7-20-18.)
 
12    (20 ILCS 5/5-300)  (was 20 ILCS 5/9)
13    Sec. 5-300. Officers' qualifications and salaries. The
14executive and administrative officers, whose offices are
15created by this Act, must have the qualifications prescribed by
16law and shall receive annual salaries, payable in equal monthly
17installments, as designated in the Sections following this
18Section and preceding Section 5-500. If set by the Governor,
19those annual salaries may not exceed 85% of the Governor's
20annual salary. Notwithstanding any other provision of law, for
21terms beginning after the effective date of this amendatory Act
22of the 100th General Assembly, the annual salary of the
23director or secretary and assistant director or assistant
24secretary of each department created under Section 5-15 shall
25be an amount equal to 15% more than the annual salary of the

 

 

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1respective officer in effect as of December 31, 2018. The
2calculation of the 2018 salary base for this adjustment shall
3not include any cost of living adjustments, as authorized by
4Senate Joint Resolution 192 of the 86th General Assembly, for
5the period beginning July 1, 2009 to June 30, 2019. Beginning
6July 1, 2019 and each July 1 thereafter, the directors,
7secretaries, assistant directors, and assistant secretaries
8shall receive an increase in salary based on a cost of living
9adjustment as authorized by Senate Joint Resolution 192 of the
1086th General Assembly.
11(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16,
12eff. 6-28-01.)
 
13    (20 ILCS 5/5-310)  (was 20 ILCS 5/9.21)
14    Sec. 5-310. In the Department on Aging. For terms ending
15before December 31, 2019, the The Director of Aging shall
16receive an annual salary as set by the Compensation Review
17Board.
18(Source: P.A. 96-800, eff. 10-30-09.)
 
19    (20 ILCS 5/5-315)  (was 20 ILCS 5/9.02)
20    Sec. 5-315. In the Department of Agriculture. For terms
21ending before December 31, 2019, the The Director of
22Agriculture shall receive an annual salary as set by the
23Compensation Review Board.
24    For terms ending before December 31, 2019, the The

 

 

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1Assistant Director of Agriculture shall receive an annual
2salary as set by the Compensation Review Board.
3(Source: P.A. 96-800, eff. 10-30-09.)
 
4    (20 ILCS 5/5-320)  (was 20 ILCS 5/9.19)
5    Sec. 5-320. In the Department of Central Management
6Services. For terms ending before December 31, 2019, the The
7Director of Central Management Services shall receive an annual
8salary as set by the Compensation Review Board.
9    For terms ending before December 31, 2019, each Each
10Assistant Director of Central Management Services shall
11receive an annual salary as set by the Compensation Review
12Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
 
14    (20 ILCS 5/5-325)  (was 20 ILCS 5/9.16)
15    Sec. 5-325. In the Department of Children and Family
16Services. For terms ending before December 31, 2019, the The
17Director of Children and Family Services shall receive an
18annual salary as set by the Compensation Review Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-330)  (was 20 ILCS 5/9.18)
21    Sec. 5-330. In the Department of Commerce and Economic
22Opportunity. For terms ending before December 31, 2019, the The
23Director of Commerce and Economic Opportunity shall receive an

 

 

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1annual salary as set by the Compensation Review Board.
2    For terms ending before December 31, 2019, the The
3Assistant Director of Commerce and Economic Opportunity shall
4receive an annual salary as set by the Compensation Review
5Board.
6(Source: P.A. 96-800, eff. 10-30-09.)
 
7    (20 ILCS 5/5-335)  (was 20 ILCS 5/9.11a)
8    Sec. 5-335. In the Department of Corrections. For terms
9ending before December 31, 2019, the The Director of
10Corrections shall receive an annual salary as set by the
11Compensation Review Board.
12    For terms ending before December 31, 2019, the The
13Assistant Director of Corrections shall receive an annual
14salary as set by the Compensation Review Board for the
15Assistant Director of Corrections-Adult Division.
16(Source: P.A. 96-800, eff. 10-30-09; 97-1083, eff. 8-24-12.)
 
17    (20 ILCS 5/5-340)  (was 20 ILCS 5/9.30)
18    Sec. 5-340. In the Department of Employment Security. For
19terms ending before December 31, 2019, the The Director of
20Employment Security shall receive an annual salary as set by
21the Compensation Review Board.
22    Each member of the Board of Review shall receive $15,000.
23(Source: P.A. 96-800, eff. 10-30-09.)
 

 

 

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1    (20 ILCS 5/5-345)  (was 20 ILCS 5/9.15)
2    Sec. 5-345. In the Department of Financial and Professional
3Regulation Institutions. For terms ending before December 31,
42019, the Secretary of Financial and Professional Regulation
5The Director of Financial Institutions shall receive an annual
6salary as set by the Compensation Review Board.
7    For terms ending before December 31, 2019, the Director of
8Financial Institutions, the Director of Professional
9Regulation, the Director of Banking, and the Director of Real
10Estate The Assistant Director of Financial Institutions shall
11receive an annual salary as set by the Compensation Review
12Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
 
14    (20 ILCS 5/5-350)  (was 20 ILCS 5/9.24)
15    Sec. 5-350. In the Department of Human Rights. For terms
16ending before December 31, 2019, the The Director of Human
17Rights shall receive an annual salary as set by the
18Compensation Review Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-355)  (was 20 ILCS 5/9.05a)
21    Sec. 5-355. In the Department of Human Services. For terms
22ending before December 31, 2019, the The Secretary of Human
23Services shall receive an annual salary as set by the
24Compensation Review Board.

 

 

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1    For terms ending before December 31, 2019, the The
2Assistant Secretaries of Human Services shall each receive an
3annual salary as set by the Compensation Review Board.
4(Source: P.A. 96-800, eff. 10-30-09.)
 
5    (20 ILCS 5/5-360)  (was 20 ILCS 5/9.10)
6    Sec. 5-360. In the Department of Insurance. For terms
7ending before December 31, 2019, the The Director of Insurance
8shall receive an annual salary as set by the Compensation
9Review Board.
10    For terms ending before December 31, 2019, the The
11Assistant Director of Insurance shall receive an annual salary
12as set by the Compensation Review Board.
13(Source: P.A. 96-800, eff. 10-30-09.)
 
14    (20 ILCS 5/5-362)
15    Sec. 5-362. In the Department of Juvenile Justice. For
16terms ending before December 31, 2019, the The Director of
17Juvenile Justice shall receive an annual salary as set by the
18Compensation Review Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-365)  (was 20 ILCS 5/9.03)
21    Sec. 5-365. In the Department of Labor. For terms ending
22before December 31, 2019, the The Director of Labor shall
23receive an annual salary as set by the Compensation Review

 

 

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1Board.
2    For terms ending before December 31, 2019, the The
3Assistant Director of Labor shall receive an annual salary as
4set by the Compensation Review Board.
5    The Chief Safety Inspector shall receive $24,700 from the
6third Monday in January, 1979 to the third Monday in January,
71980, and $25,000 thereafter, or as set by the Compensation
8Review Board, whichever is greater.
9    The Superintendent of Occupational Safety and Health shall
10receive $27,500, or as set by the Compensation Review Board,
11whichever is greater.
12    The Superintendent of Women's and Children's Employment
13shall receive $22,000 from the third Monday in January, 1979 to
14the third Monday in January, 1980, and $22,500 thereafter, or
15as set by the Compensation Review Board, whichever is greater.
16(Source: P.A. 98-874, eff. 1-1-15.)
 
17    (20 ILCS 5/5-375)  (was 20 ILCS 5/9.09)
18    Sec. 5-375. In the Department of Natural Resources. For
19terms ending before December 31, 2019 The Director of Natural
20Resources shall continue to receive the annual salary set by
21law for the Director of Conservation until January 20, 1997.
22Beginning on that date, the Director of Natural Resources shall
23receive an annual salary as set by the Compensation Review
24Board.
25    For terms ending before December 31, 2019 The Assistant

 

 

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1Director of Natural Resources shall continue to receive the
2annual salary set by law for the Assistant Director of
3Conservation until January 20, 1997. Beginning on that date,
4the Assistant Director of Natural Resources shall receive an
5annual salary as set by the Compensation Review Board.
6(Source: P.A. 96-800, eff. 10-30-09.)
 
7    (20 ILCS 5/5-395)  (was 20 ILCS 5/9.17)
8    Sec. 5-395. In the Department of Healthcare and Family
9Services. For terms ending before December 31, 2019, the The
10Director of Healthcare and Family Services shall receive an
11annual salary as set by the Compensation Review Board.
12    For terms ending before December 31, 2019, the The
13Assistant Director of Healthcare and Family Services shall
14receive an annual salary as set by the Compensation Review
15Board.
16(Source: P.A. 95-331, eff. 8-21-07; 96-800, eff. 10-30-09.)
 
17    (20 ILCS 5/5-400)  (was 20 ILCS 5/9.07)
18    Sec. 5-400. In the Department of Public Health. For terms
19ending before December 31, 2019, the The Director of Public
20Health shall receive an annual salary as set by the
21Compensation Review Board.
22    For terms ending before December 31, 2019, the The
23Assistant Director of Public Health shall receive an annual
24salary as set by the Compensation Review Board.

 

 

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1(Source: P.A. 96-800, eff. 10-30-09.)
 
2    (20 ILCS 5/5-405)  (was 20 ILCS 5/9.12)
3    Sec. 5-405. In the Department of Revenue. For terms ending
4before December 31, 2019, the The Director of Revenue shall
5receive an annual salary as set by the Compensation Review
6Board.
7    For terms ending before December 31, 2019, the The
8Assistant Director of Revenue shall receive an annual salary as
9set by the Compensation Review Board.
10(Source: P.A. 96-800, eff. 10-30-09.)
 
11    (20 ILCS 5/5-410)  (was 20 ILCS 5/9.11)
12    Sec. 5-410. In the Department of State Police. For terms
13ending before December 31, 2019, the The Director of State
14Police shall receive an annual salary as set by the
15Compensation Review Board.
16    For terms ending before December 31, 2019, the The
17Assistant Director of State Police shall receive an annual
18salary as set by the Compensation Review Board.
19(Source: P.A. 96-800, eff. 10-30-09.)
 
20    (20 ILCS 5/5-415)  (was 20 ILCS 5/9.05)
21    Sec. 5-415. In the Department of Transportation. For terms
22ending before December 31, 2019, the The Secretary of
23Transportation shall receive an annual salary as set by the

 

 

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1Compensation Review Board.
2    For terms ending before December 31, 2019, the The
3Assistant Secretary of Transportation shall receive an annual
4salary as set by the Compensation Review Board.
5(Source: P.A. 96-800, eff. 10-30-09.)
 
6    (20 ILCS 5/5-420)  (was 20 ILCS 5/9.22)
7    Sec. 5-420. In the Department of Veterans' Affairs. For
8terms ending before December 31, 2019, the The Director of
9Veterans' Affairs shall receive an annual salary as set by the
10Compensation Review Board.
11    For terms ending before December 31, 2019, the The
12Assistant Director of Veterans' Affairs shall receive an annual
13salary as set by the Compensation Review Board.
14(Source: P.A. 96-800, eff. 10-30-09.)
 
15    (20 ILCS 5/5-385 rep.)
16    (20 ILCS 5/5-390 rep.)
17    Section 7. The Civil Administrative Code of Illinois is
18amended by repealing Sections 5-385 and 5-390.
 
19    Section 10. The Illinois Lottery Law is amended by changing
20Section 5 as follows:
 
21    (20 ILCS 1605/5)  (from Ch. 120, par. 1155)
22    Sec. 5. (a) The Department shall be under the supervision

 

 

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1and direction of a Director, who shall be a person qualified by
2training and experience to perform the duties required by this
3Act. The Director shall be appointed by the Governor, by and
4with the advice and consent of the Senate. The term of office
5of the Director shall expire on the third Monday of January in
6odd numbered years provided that he or she shall hold office
7until a successor is appointed and qualified. For terms ending
8before December 31, 2019, the The annual salary of the Director
9is $142,000. For terms beginning after the effective date of
10this amendatory Act of the 100th General Assembly, the annual
11salary of the Director shall be as provided in Section 5-300 of
12the Civil Administrative Code of Illinois.
13    Any vacancy occurring in the office of the Director shall
14be filled in the same manner as the original appointment. In
15case of a vacancy during the recess of the Senate, the Governor
16shall make a temporary appointment until the next meeting of
17the Senate, when the Governor shall nominate some person to
18fill the office, and any person so nominated who is confirmed
19by the Senate shall hold office during the remainder of the
20term and until his or her successor is appointed and qualified.
21    During the absence or inability to act of the Director, or
22in the case of a vacancy in the office of Director until a
23successor is appointed and qualified, the Governor may
24designate some person as Acting Director of the Lottery to
25execute the powers and discharge the duties vested by law in
26that office. A person who is designated as an Acting Director

 

 

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1shall not continue in office for more than 60 calendar days
2unless the Governor files a message with the Secretary of the
3Senate nominating that person to fill the office. After 60
4calendar days, the office is considered vacant and shall be
5filled only under this Section. No person who has been
6appointed by the Governor to serve as Acting Director shall,
7except at the Senate's request, be designated again as an
8Acting Director at the same session of that Senate, subject to
9the provisions of this Section. A person appointed as an Acting
10Director is not required to meet the requirements of paragraph
11(1) of subsection (b) of this Section. In no case may the
12Governor designate a person to serve as Acting Director if that
13person has prior to the effective date of this amendatory Act
14of the 97th General Assembly exercised any of the duties and
15functions of the office of Director without having been
16nominated by the Governor to serve as Director.
17    (b) The Director shall devote his or her entire time and
18attention to the duties of the office and shall not be engaged
19in any other profession or occupation.
20    The Director shall:
21        (1) be qualified by training and experience to direct a
22    lottery, including, at a minimum, 5 years of senior
23    executive-level experience in the successful advertising,
24    marketing, and selling of consumer products, 4 years of
25    successful experience directing a lottery on behalf of a
26    governmental entity, or 5 years of successful senior-level

 

 

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1    management experience at a lottery on behalf of a
2    governmental entity;
3        (2) have significant and meaningful management and
4    regulatory experience; and
5        (3) have a good reputation, particularly as a person of
6    honesty, independence, and integrity.
7    The Director shall not during his or her term of
8appointment: become a candidate for any elective office; hold
9any other elected or appointed public office; be actively
10involved in the affairs of any political party or political
11organization; advocate for the appointment of another person to
12an appointed or elected office or position; or actively
13participate in any campaign for any elective office. The
14Director may be appointed to serve on a governmental advisory
15or board study commission or as otherwise expressly authorized
16by law.
17    (c) No person shall perform the duties and functions of the
18Director, or otherwise exercise the authority of the Director,
19unless the same shall have been appointed by the Governor
20pursuant to this Section.
21(Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
 
22    Section 15. The Military Code of Illinois is amended by
23changing Section 17 as follows:
 
24    (20 ILCS 1805/17)  (from Ch. 129, par. 220.17)

 

 

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1    Sec. 17. The Adjutant General and the Assistant Adjutants
2General shall give their entire time to their military duties.
3For terms ending before December 31, 2019, the The Adjutant
4General shall receive an annual salary as set by the
5Compensation Review Board, and each Assistant Adjutant General
6shall receive an annual salary as set by the Compensation
7Review Board. For terms beginning after the effective date of
8this amendatory Act of the 100th General Assembly, the annual
9salaries for the Adjutant General and the Assistant Adjutants
10General shall be an amount equal to 15% more than the
11respective officer's annual salary as of December 31, 2018. The
12calculation of the 2018 salary base for this adjustment shall
13not include any cost of living adjustments, as authorized by
14Senate Joint Resolution 192 of the 86th General Assembly, for
15the period beginning July 1, 2009 to June 30, 2019. Beginning
16July 1, 2019 and each July 1 thereafter, the Adjutant General
17and the Assistant Adjutants General shall receive an increase
18in salary based on a cost of living adjustment as authorized by
19Senate Joint Resolution 192 of the 86th General Assembly.
20(Source: P.A. 96-800, eff. 10-30-09.)
 
21    Section 20. The State Fire Marshal Act is amended by
22changing Section 1 as follows:
 
23    (20 ILCS 2905/1)  (from Ch. 127 1/2, par. 1)
24    Sec. 1. There is hereby created the Office of the State

 

 

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1Fire Marshal, hereinafter referred to as the Office.
2    The Office shall be under an executive director who shall
3be appointed by the Governor with the advice and consent of the
4Senate.
5    The executive director of the Office shall be known as the
6State Fire Marshal. For terms ending before December 31, 2019,
7the State Fire Marshal and shall receive an annual salary as
8set by the Compensation Review Board. For terms beginning after
9the effective date of this amendatory Act of the 100th General
10Assembly, the State Fire Marshal's annual salary shall be an
11amount equal to 15% more than the State Fire Marshal's annual
12salary as of December 31, 2018. The calculation of the 2018
13salary base for this adjustment shall not include any cost of
14living adjustments, as authorized by Senate Joint Resolution
15192 of the 86th General Assembly, for the period beginning July
161, 2009 to June 30, 2019. Beginning July 1, 2019 and each July
171 thereafter, the State Fire Marshal shall receive an increase
18in salary based on a cost of living adjustment as authorized by
19Senate Joint Resolution 192 of the 86th General Assembly.
20    The Office of the State Fire Marshal shall have a division
21that shall assume the duties of the Division of Fire
22Prevention, Department of Law Enforcement, and a division that
23shall assume the duties of Illinois Fire Protection Personnel
24Standards and Education Commission. Each division shall be
25headed by a division manager who shall be employed by the Fire
26Marshal, subject to the Personnel Code, and shall be

 

 

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1responsible to the Fire Marshal.
2(Source: P.A. 96-800, eff. 10-30-09.)
 
3    Section 25. The Illinois Emergency Management Agency Act is
4amended by changing Section 5 as follows:
 
5    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
6    Sec. 5. Illinois Emergency Management Agency.
7    (a) There is created within the executive branch of the
8State Government an Illinois Emergency Management Agency and a
9Director of the Illinois Emergency Management Agency, herein
10called the "Director" who shall be the head thereof. The
11Director shall be appointed by the Governor, with the advice
12and consent of the Senate, and shall serve for a term of 2
13years beginning on the third Monday in January of the
14odd-numbered year, and until a successor is appointed and has
15qualified; except that the term of the first Director appointed
16under this Act shall expire on the third Monday in January,
171989. The Director shall not hold any other remunerative public
18office. For terms ending before December 31, 2019, the The
19Director shall receive an annual salary as set by the
20Compensation Review Board. For terms beginning after the
21effective date of this amendatory Act of the 100th General
22Assembly, the annual salary of the Director shall be as
23provided in Section 5-300 of the Civil Administrative Code of
24Illinois.

 

 

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1    (b) The Illinois Emergency Management Agency shall obtain,
2under the provisions of the Personnel Code, technical,
3clerical, stenographic and other administrative personnel, and
4may make expenditures within the appropriation therefor as may
5be necessary to carry out the purpose of this Act. The agency
6created by this Act is intended to be a successor to the agency
7created under the Illinois Emergency Services and Disaster
8Agency Act of 1975 and the personnel, equipment, records, and
9appropriations of that agency are transferred to the successor
10agency as of June 30, 1988 (the effective date of this Act).
11    (c) The Director, subject to the direction and control of
12the Governor, shall be the executive head of the Illinois
13Emergency Management Agency and the State Emergency Response
14Commission and shall be responsible under the direction of the
15Governor, for carrying out the program for emergency management
16of this State. The Director shall also maintain liaison and
17cooperate with the emergency management organizations of this
18State and other states and of the federal government.
19    (d) The Illinois Emergency Management Agency shall take an
20integral part in the development and revision of political
21subdivision emergency operations plans prepared under
22paragraph (f) of Section 10. To this end it shall employ or
23otherwise secure the services of professional and technical
24personnel capable of providing expert assistance to the
25emergency services and disaster agencies. These personnel
26shall consult with emergency services and disaster agencies on

 

 

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1a regular basis and shall make field examinations of the areas,
2circumstances, and conditions that particular political
3subdivision emergency operations plans are intended to apply.
4    (e) The Illinois Emergency Management Agency and political
5subdivisions shall be encouraged to form an emergency
6management advisory committee composed of private and public
7personnel representing the emergency management phases of
8mitigation, preparedness, response, and recovery. The Local
9Emergency Planning Committee, as created under the Illinois
10Emergency Planning and Community Right to Know Act, shall serve
11as an advisory committee to the emergency services and disaster
12agency or agencies serving within the boundaries of that Local
13Emergency Planning Committee planning district for:
14        (1) the development of emergency operations plan
15    provisions for hazardous chemical emergencies; and
16        (2) the assessment of emergency response capabilities
17    related to hazardous chemical emergencies.
18    (f) The Illinois Emergency Management Agency shall:
19        (1) Coordinate the overall emergency management
20    program of the State.
21        (2) Cooperate with local governments, the federal
22    government and any public or private agency or entity in
23    achieving any purpose of this Act and in implementing
24    emergency management programs for mitigation,
25    preparedness, response, and recovery.
26        (2.5) Develop a comprehensive emergency preparedness

 

 

SB3531 Enrolled- 22 -LRB100 18248 SMS 33451 b

1    and response plan for any nuclear accident in accordance
2    with Section 65 of the Department of Nuclear Safety Law of
3    2004 (20 ILCS 3310) and in development of the Illinois
4    Nuclear Safety Preparedness program in accordance with
5    Section 8 of the Illinois Nuclear Safety Preparedness Act.
6        (2.6) Coordinate with the Department of Public Health
7    with respect to planning for and responding to public
8    health emergencies.
9        (3) Prepare, for issuance by the Governor, executive
10    orders, proclamations, and regulations as necessary or
11    appropriate in coping with disasters.
12        (4) Promulgate rules and requirements for political
13    subdivision emergency operations plans that are not
14    inconsistent with and are at least as stringent as
15    applicable federal laws and regulations.
16        (5) Review and approve, in accordance with Illinois
17    Emergency Management Agency rules, emergency operations
18    plans for those political subdivisions required to have an
19    emergency services and disaster agency pursuant to this
20    Act.
21        (5.5) Promulgate rules and requirements for the
22    political subdivision emergency management exercises,
23    including, but not limited to, exercises of the emergency
24    operations plans.
25        (5.10) Review, evaluate, and approve, in accordance
26    with Illinois Emergency Management Agency rules, political

 

 

SB3531 Enrolled- 23 -LRB100 18248 SMS 33451 b

1    subdivision emergency management exercises for those
2    political subdivisions required to have an emergency
3    services and disaster agency pursuant to this Act.
4        (6) Determine requirements of the State and its
5    political subdivisions for food, clothing, and other
6    necessities in event of a disaster.
7        (7) Establish a register of persons with types of
8    emergency management training and skills in mitigation,
9    preparedness, response, and recovery.
10        (8) Establish a register of government and private
11    response resources available for use in a disaster.
12        (9) Expand the Earthquake Awareness Program and its
13    efforts to distribute earthquake preparedness materials to
14    schools, political subdivisions, community groups, civic
15    organizations, and the media. Emphasis will be placed on
16    those areas of the State most at risk from an earthquake.
17    Maintain the list of all school districts, hospitals,
18    airports, power plants, including nuclear power plants,
19    lakes, dams, emergency response facilities of all types,
20    and all other major public or private structures which are
21    at the greatest risk of damage from earthquakes under
22    circumstances where the damage would cause subsequent harm
23    to the surrounding communities and residents.
24        (10) Disseminate all information, completely and
25    without delay, on water levels for rivers and streams and
26    any other data pertaining to potential flooding supplied by

 

 

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1    the Division of Water Resources within the Department of
2    Natural Resources to all political subdivisions to the
3    maximum extent possible.
4        (11) Develop agreements, if feasible, with medical
5    supply and equipment firms to supply resources as are
6    necessary to respond to an earthquake or any other disaster
7    as defined in this Act. These resources will be made
8    available upon notifying the vendor of the disaster.
9    Payment for the resources will be in accordance with
10    Section 7 of this Act. The Illinois Department of Public
11    Health shall determine which resources will be required and
12    requested.
13        (11.5) In coordination with the Department of State
14    Police, develop and implement a community outreach program
15    to promote awareness among the State's parents and children
16    of child abduction prevention and response.
17        (12) Out of funds appropriated for these purposes,
18    award capital and non-capital grants to Illinois hospitals
19    or health care facilities located outside of a city with a
20    population in excess of 1,000,000 to be used for purposes
21    that include, but are not limited to, preparing to respond
22    to mass casualties and disasters, maintaining and
23    improving patient safety and quality of care, and
24    protecting the confidentiality of patient information. No
25    single grant for a capital expenditure shall exceed
26    $300,000. No single grant for a non-capital expenditure

 

 

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1    shall exceed $100,000. In awarding such grants, preference
2    shall be given to hospitals that serve a significant number
3    of Medicaid recipients, but do not qualify for
4    disproportionate share hospital adjustment payments under
5    the Illinois Public Aid Code. To receive such a grant, a
6    hospital or health care facility must provide funding of at
7    least 50% of the cost of the project for which the grant is
8    being requested. In awarding such grants the Illinois
9    Emergency Management Agency shall consider the
10    recommendations of the Illinois Hospital Association.
11        (13) Do all other things necessary, incidental or
12    appropriate for the implementation of this Act.
13    (g) The Illinois Emergency Management Agency is authorized
14to make grants to various higher education institutions, public
15K-12 school districts, area vocational centers as designated by
16the State Board of Education, inter-district special education
17cooperatives, regional safe schools, and nonpublic K-12
18schools for safety and security improvements. For the purpose
19of this subsection (g), "higher education institution" means a
20public university, a public community college, or an
21independent, not-for-profit or for-profit higher education
22institution located in this State. Grants made under this
23subsection (g) shall be paid out of moneys appropriated for
24that purpose from the Build Illinois Bond Fund. The Illinois
25Emergency Management Agency shall adopt rules to implement this
26subsection (g). These rules may specify: (i) the manner of

 

 

SB3531 Enrolled- 26 -LRB100 18248 SMS 33451 b

1applying for grants; (ii) project eligibility requirements;
2(iii) restrictions on the use of grant moneys; (iv) the manner
3in which the various higher education institutions must account
4for the use of grant moneys; and (v) any other provision that
5the Illinois Emergency Management Agency determines to be
6necessary or useful for the administration of this subsection
7(g).
8    (g-5) The Illinois Emergency Management Agency is
9authorized to make grants to not-for-profit organizations
10which are exempt from federal income taxation under section
11501(c)(3) of the Federal Internal Revenue Code for eligible
12security improvements that assist the organization in
13preventing, preparing for, or responding to acts of terrorism.
14The Director shall establish procedures and forms by which
15applicants may apply for a grant and procedures for
16distributing grants to recipients. The procedures shall
17require each applicant to do the following:
18        (1) identify and substantiate prior threats or attacks
19    by a terrorist organization, network, or cell against the
20    not-for-profit organization;
21        (2) indicate the symbolic or strategic value of one or
22    more sites that renders the site a possible target of
23    terrorism;
24        (3) discuss potential consequences to the organization
25    if the site is damaged, destroyed, or disrupted by a
26    terrorist act;

 

 

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1        (4) describe how the grant will be used to integrate
2    organizational preparedness with broader State and local
3    preparedness efforts;
4        (5) submit a vulnerability assessment conducted by
5    experienced security, law enforcement, or military
6    personnel, and a description of how the grant award will be
7    used to address the vulnerabilities identified in the
8    assessment; and
9        (6) submit any other relevant information as may be
10    required by the Director.
11    The Agency is authorized to use funds appropriated for the
12grant program described in this subsection (g-5) to administer
13the program.
14    (h) Except as provided in Section 17.5 of this Act, any
15moneys received by the Agency from donations or sponsorships
16shall be deposited in the Emergency Planning and Training Fund
17and used by the Agency, subject to appropriation, to effectuate
18planning and training activities.
19    (i) The Illinois Emergency Management Agency may by rule
20assess and collect reasonable fees for attendance at
21Agency-sponsored conferences to enable the Agency to carry out
22the requirements of this Act. Any moneys received under this
23subsection shall be deposited in the Emergency Planning and
24Training Fund and used by the Agency, subject to appropriation,
25for planning and training activities.
26    (j) The Illinois Emergency Management Agency is authorized

 

 

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1to make grants to other State agencies, public universities,
2units of local government, and statewide mutual aid
3organizations to enhance statewide emergency preparedness and
4response.
5(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
6100-587, eff. 6-4-18; 100-863, eff. 8-14-18; revised
710-22-18.)
 
8    Section 30. The Illinois Power Agency Act is amended by
9changing Section 1-70 as follows:
 
10    (20 ILCS 3855/1-70)
11    Sec. 1-70. Agency officials.
12    (a) The Agency shall have a Director who meets the
13qualifications specified in Section 5-222 of the Civil
14Administrative Code of Illinois (20 ILCS 5/5-222).
15    (b) Within the Illinois Power Agency, the Agency shall
16establish a Planning and Procurement Bureau and may establish a
17Resource Development Bureau. Each Bureau shall report to the
18Director.
19    (c) The Chief of the Planning and Procurement Bureau shall
20be appointed by the Director, at the Director's sole
21discretion, and (i) shall have at least 5 years of direct
22experience in electricity supply planning and procurement and
23(ii) shall also hold an advanced degree in risk management,
24law, business, or a related field.

 

 

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1    (d) The Chief of the Resource Development Bureau may be
2appointed by the Director and (i) shall have at least 5 years
3of direct experience in electric generating project
4development and (ii) shall also hold an advanced degree in
5economics, engineering, law, business, or a related field.
6    (e) For terms ending before December 31, 2019, the The
7Director shall receive an annual salary of $100,000 or as set
8by the Compensation Review Board, whichever is higher. For
9terms ending before December 31, 2019, the The Bureau Chiefs
10shall each receive an annual salary of $85,000 or as set by the
11Compensation Review Board, whichever is higher. For terms
12beginning after the effective date of this amendatory Act of
13the 100th General Assembly, the annual salaries for the
14Director and the Bureau Chiefs shall be an amount equal to 15%
15more than the respective position's annual salary as of
16December 31, 2018. The calculation of the 2018 salary base for
17this adjustment shall not include any cost of living
18adjustments, as authorized by Senate Joint Resolution 192 of
19the 86th General Assembly, for the period beginning July 1,
202009 to June 30, 2019. Beginning July 1, 2019 and each July 1
21thereafter, the Director and the Bureau Chiefs shall receive an
22increase in salary based on a cost of living adjustment as
23authorized by Senate Joint Resolution 192 of the 86th General
24Assembly.
25    (f) The Director and Bureau Chiefs shall not, for 2 years
26prior to appointment or for 2 years after he or she leaves his

 

 

SB3531 Enrolled- 30 -LRB100 18248 SMS 33451 b

1or her position, be employed by an electric utility,
2independent power producer, power marketer, or alternative
3retail electric supplier regulated by the Commission or the
4Federal Energy Regulatory Commission.
5    (g) The Director and Bureau Chiefs are prohibited from: (i)
6owning, directly or indirectly, 5% or more of the voting
7capital stock of an electric utility, independent power
8producer, power marketer, or alternative retail electric
9supplier; (ii) being in any chain of successive ownership of 5%
10or more of the voting capital stock of any electric utility,
11independent power producer, power marketer, or alternative
12retail electric supplier; (iii) receiving any form of
13compensation, fee, payment, or other consideration from an
14electric utility, independent power producer, power marketer,
15or alternative retail electric supplier, including legal fees,
16consulting fees, bonuses, or other sums. These limitations do
17not apply to any compensation received pursuant to a defined
18benefit plan or other form of deferred compensation, provided
19that the individual has otherwise severed all ties to the
20utility, power producer, power marketer, or alternative retail
21electric supplier.
22(Source: P.A. 99-536, eff. 7-8-16.)
 
23    Section 35. The Environmental Protection Act is amended by
24changing Section 4 as follows:
 

 

 

SB3531 Enrolled- 31 -LRB100 18248 SMS 33451 b

1    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
2    Sec. 4. Environmental Protection Agency; establishment;
3duties.
4    (a) There is established in the Executive Branch of the
5State Government an agency to be known as the Environmental
6Protection Agency. This Agency shall be under the supervision
7and direction of a Director who shall be appointed by the
8Governor with the advice and consent of the Senate. The term of
9office of the Director shall expire on the third Monday of
10January in odd numbered years, provided that he or she shall
11hold office until a successor is appointed and has qualified.
12For terms ending before December 31, 2019, the The Director
13shall receive an annual salary as set by the Compensation
14Review Board. For terms beginning after the effective date of
15this amendatory Act of the 100th General Assembly, the
16Director's annual salary shall be an amount equal to 15% more
17than the Director's annual salary as of December 31, 2018. The
18calculation of the 2018 salary base for this adjustment shall
19not include any cost of living adjustments, as authorized by
20Senate Joint Resolution 192 of the 86th General Assembly, for
21the period beginning July 1, 2009 to June 30, 2019. Beginning
22July 1, 2019 and each July 1 thereafter, the Director shall
23receive an increase in salary based on a cost of living
24adjustment as authorized by Senate Joint Resolution 192 of the
2586th General Assembly. The Director, in accord with the
26Personnel Code, shall employ and direct such personnel, and

 

 

SB3531 Enrolled- 32 -LRB100 18248 SMS 33451 b

1shall provide for such laboratory and other facilities, as may
2be necessary to carry out the purposes of this Act. In
3addition, the Director may by agreement secure such services as
4he or she may deem necessary from any other department, agency,
5or unit of the State Government, and may employ and compensate
6such consultants and technical assistants as may be required.
7    (b) The Agency shall have the duty to collect and
8disseminate such information, acquire such technical data, and
9conduct such experiments as may be required to carry out the
10purposes of this Act, including ascertainment of the quantity
11and nature of discharges from any contaminant source and data
12on those sources, and to operate and arrange for the operation
13of devices for the monitoring of environmental quality.
14    (c) The Agency shall have authority to conduct a program of
15continuing surveillance and of regular or periodic inspection
16of actual or potential contaminant or noise sources, of public
17water supplies, and of refuse disposal sites.
18    (d) In accordance with constitutional limitations, the
19Agency shall have authority to enter at all reasonable times
20upon any private or public property for the purpose of:
21        (1) Inspecting and investigating to ascertain possible
22    violations of this Act, any rule or regulation adopted
23    under this Act, any permit or term or condition of a
24    permit, or any Board order; or
25        (2) In accordance with the provisions of this Act,
26    taking whatever preventive or corrective action, including

 

 

SB3531 Enrolled- 33 -LRB100 18248 SMS 33451 b

1    but not limited to removal or remedial action, that is
2    necessary or appropriate whenever there is a release or a
3    substantial threat of a release of (A) a hazardous
4    substance or pesticide or (B) petroleum from an underground
5    storage tank.
6    (e) The Agency shall have the duty to investigate
7violations of this Act, any rule or regulation adopted under
8this Act, any permit or term or condition of a permit, or any
9Board order; to issue administrative citations as provided in
10Section 31.1 of this Act; and to take such summary enforcement
11action as is provided for by Section 34 of this Act.
12    (f) The Agency shall appear before the Board in any hearing
13upon a petition for variance or time-limited water quality
14standard, the denial of a permit, or the validity or effect of
15a rule or regulation of the Board, and shall have the authority
16to appear before the Board in any hearing under the Act.
17    (g) The Agency shall have the duty to administer, in accord
18with Title X of this Act, such permit and certification systems
19as may be established by this Act or by regulations adopted
20thereunder. The Agency may enter into written delegation
21agreements with any department, agency, or unit of State or
22local government under which all or portions of this duty may
23be delegated for public water supply storage and transport
24systems, sewage collection and transport systems, air
25pollution control sources with uncontrolled emissions of 100
26tons per year or less and application of algicides to waters of

 

 

SB3531 Enrolled- 34 -LRB100 18248 SMS 33451 b

1the State. Such delegation agreements will require that the
2work to be performed thereunder will be in accordance with
3Agency criteria, subject to Agency review, and shall include
4such financial and program auditing by the Agency as may be
5required.
6    (h) The Agency shall have authority to require the
7submission of complete plans and specifications from any
8applicant for a permit required by this Act or by regulations
9thereunder, and to require the submission of such reports
10regarding actual or potential violations of this Act, any rule
11or regulation adopted under this Act, any permit or term or
12condition of a permit, or any Board order, as may be necessary
13for the purposes of this Act.
14    (i) The Agency shall have authority to make recommendations
15to the Board for the adoption of regulations under Title VII of
16the Act.
17    (j) The Agency shall have the duty to represent the State
18of Illinois in any and all matters pertaining to plans,
19procedures, or negotiations for interstate compacts or other
20governmental arrangements relating to environmental
21protection.
22    (k) The Agency shall have the authority to accept, receive,
23and administer on behalf of the State any grants, gifts, loans,
24indirect cost reimbursements, or other funds made available to
25the State from any source for purposes of this Act or for air
26or water pollution control, public water supply, solid waste

 

 

SB3531 Enrolled- 35 -LRB100 18248 SMS 33451 b

1disposal, noise abatement, or other environmental protection
2activities, surveys, or programs. Any federal funds received by
3the Agency pursuant to this subsection shall be deposited in a
4trust fund with the State Treasurer and held and disbursed by
5him in accordance with Treasurer as Custodian of Funds Act,
6provided that such monies shall be used only for the purposes
7for which they are contributed and any balance remaining shall
8be returned to the contributor.
9    The Agency is authorized to promulgate such regulations and
10enter into such contracts as it may deem necessary for carrying
11out the provisions of this subsection.
12    (l) The Agency is hereby designated as water pollution
13agency for the state for all purposes of the Federal Water
14Pollution Control Act, as amended; as implementing agency for
15the State for all purposes of the Safe Drinking Water Act,
16Public Law 93-523, as now or hereafter amended, except Section
171425 of that Act; as air pollution agency for the state for all
18purposes of the Clean Air Act of 1970, Public Law 91-604,
19approved December 31, 1970, as amended; and as solid waste
20agency for the state for all purposes of the Solid Waste
21Disposal Act, Public Law 89-272, approved October 20, 1965, and
22amended by the Resource Recovery Act of 1970, Public Law
2391-512, approved October 26, 1970, as amended, and amended by
24the Resource Conservation and Recovery Act of 1976, (P.L.
2594-580) approved October 21, 1976, as amended; as noise control
26agency for the state for all purposes of the Noise Control Act

 

 

SB3531 Enrolled- 36 -LRB100 18248 SMS 33451 b

1of 1972, Public Law 92-574, approved October 27, 1972, as
2amended; and as implementing agency for the State for all
3purposes of the Comprehensive Environmental Response,
4Compensation, and Liability Act of 1980 (P.L. 96-510), as
5amended; and otherwise as pollution control agency for the
6State pursuant to federal laws integrated with the foregoing
7laws, for financing purposes or otherwise. The Agency is hereby
8authorized to take all action necessary or appropriate to
9secure to the State the benefits of such federal Acts, provided
10that the Agency shall transmit to the United States without
11change any standards adopted by the Pollution Control Board
12pursuant to Section 5(c) of this Act. This subsection (l) of
13Section 4 shall not be construed to bar or prohibit the
14Environmental Protection Trust Fund Commission from accepting,
15receiving, and administering on behalf of the State any grants,
16gifts, loans or other funds for which the Commission is
17eligible pursuant to the Environmental Protection Trust Fund
18Act. The Agency is hereby designated as the State agency for
19all purposes of administering the requirements of Section 313
20of the federal Emergency Planning and Community Right-to-Know
21Act of 1986.
22    Any municipality, sanitary district, or other political
23subdivision, or any Agency of the State or interstate Agency,
24which makes application for loans or grants under such federal
25Acts shall notify the Agency of such application; the Agency
26may participate in proceedings under such federal Acts.

 

 

SB3531 Enrolled- 37 -LRB100 18248 SMS 33451 b

1    (m) The Agency shall have authority, consistent with
2Section 5(c) and other provisions of this Act, and for purposes
3of Section 303(e) of the Federal Water Pollution Control Act,
4as now or hereafter amended, to engage in planning processes
5and activities and to develop plans in cooperation with units
6of local government, state agencies and officers, and other
7appropriate persons in connection with the jurisdiction or
8duties of each such unit, agency, officer or person. Public
9hearings shall be held on the planning process, at which any
10person shall be permitted to appear and be heard, pursuant to
11procedural regulations promulgated by the Agency.
12    (n) In accordance with the powers conferred upon the Agency
13by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
14Agency shall have authority to establish and enforce minimum
15standards for the operation of laboratories relating to
16analyses and laboratory tests for air pollution, water
17pollution, noise emissions, contaminant discharges onto land
18and sanitary, chemical, and mineral quality of water
19distributed by a public water supply. The Agency may enter into
20formal working agreements with other departments or agencies of
21state government under which all or portions of this authority
22may be delegated to the cooperating department or agency.
23    (o) The Agency shall have the authority to issue
24certificates of competency to persons and laboratories meeting
25the minimum standards established by the Agency in accordance
26with Section 4(n) of this Act and to promulgate and enforce

 

 

SB3531 Enrolled- 38 -LRB100 18248 SMS 33451 b

1regulations relevant to the issuance and use of such
2certificates. The Agency may enter into formal working
3agreements with other departments or agencies of state
4government under which all or portions of this authority may be
5delegated to the cooperating department or agency.
6    (p) Except as provided in Section 17.7, the Agency shall
7have the duty to analyze samples as required from each public
8water supply to determine compliance with the contaminant
9levels specified by the Pollution Control Board. The maximum
10number of samples which the Agency shall be required to analyze
11for microbiological quality shall be 6 per month, but the
12Agency may, at its option, analyze a larger number each month
13for any supply. Results of sample analyses for additional
14required bacteriological testing, turbidity, residual chlorine
15and radionuclides are to be provided to the Agency in
16accordance with Section 19. Owners of water supplies may enter
17into agreements with the Agency to provide for reduced Agency
18participation in sample analyses.
19    (q) The Agency shall have the authority to provide notice
20to any person who may be liable pursuant to Section 22.2(f) of
21this Act for a release or a substantial threat of a release of
22a hazardous substance or pesticide. Such notice shall include
23the identified response action and an opportunity for such
24person to perform the response action.
25    (r) The Agency may enter into written delegation agreements
26with any unit of local government under which it may delegate

 

 

SB3531 Enrolled- 39 -LRB100 18248 SMS 33451 b

1all or portions of its inspecting, investigating and
2enforcement functions. Such delegation agreements shall
3require that work performed thereunder be in accordance with
4Agency criteria and subject to Agency review. Notwithstanding
5any other provision of law to the contrary, no unit of local
6government shall be liable for any injury resulting from the
7exercise of its authority pursuant to such a delegation
8agreement unless the injury is proximately caused by the
9willful and wanton negligence of an agent or employee of the
10unit of local government, and any policy of insurance coverage
11issued to a unit of local government may provide for the denial
12of liability and the nonpayment of claims based upon injuries
13for which the unit of local government is not liable pursuant
14to this subsection (r).
15    (s) The Agency shall have authority to take whatever
16preventive or corrective action is necessary or appropriate,
17including but not limited to expenditure of monies appropriated
18from the Build Illinois Bond Fund and the Build Illinois
19Purposes Fund for removal or remedial action, whenever any
20hazardous substance or pesticide is released or there is a
21substantial threat of such a release into the environment. The
22State, the Director, and any State employee shall be
23indemnified for any damages or injury arising out of or
24resulting from any action taken under this subsection. The
25Director of the Agency is authorized to enter into such
26contracts and agreements as are necessary to carry out the

 

 

SB3531 Enrolled- 40 -LRB100 18248 SMS 33451 b

1Agency's duties under this subsection.
2    (t) The Agency shall have authority to distribute grants,
3subject to appropriation by the General Assembly, to units of
4local government for financing and construction of wastewater
5facilities in both incorporated and unincorporated areas. With
6respect to all monies appropriated from the Build Illinois Bond
7Fund and the Build Illinois Purposes Fund for wastewater
8facility grants, the Agency shall make distributions in
9conformity with the rules and regulations established pursuant
10to the Anti-Pollution Bond Act, as now or hereafter amended.
11    (u) Pursuant to the Illinois Administrative Procedure Act,
12the Agency shall have the authority to adopt such rules as are
13necessary or appropriate for the Agency to implement Section
1431.1 of this Act.
15    (v) (Blank.)
16    (w) Neither the State, nor the Director, nor the Board, nor
17any State employee shall be liable for any damages or injury
18arising out of or resulting from any action taken under
19subsection (s).
20    (x)(1) The Agency shall have authority to distribute
21grants, subject to appropriation by the General Assembly, to
22units of local government for financing and construction of
23public water supply facilities. With respect to all monies
24appropriated from the Build Illinois Bond Fund or the Build
25Illinois Purposes Fund for public water supply grants, such
26grants shall be made in accordance with rules promulgated by

 

 

SB3531 Enrolled- 41 -LRB100 18248 SMS 33451 b

1the Agency. Such rules shall include a requirement for a local
2match of 30% of the total project cost for projects funded
3through such grants.
4    (2) The Agency shall not terminate a grant to a unit of
5local government for the financing and construction of public
6water supply facilities unless and until the Agency adopts
7rules that set forth precise and complete standards, pursuant
8to Section 5-20 of the Illinois Administrative Procedure Act,
9for the termination of such grants. The Agency shall not make
10determinations on whether specific grant conditions are
11necessary to ensure the integrity of a project or on whether
12subagreements shall be awarded, with respect to grants for the
13financing and construction of public water supply facilities,
14unless and until the Agency adopts rules that set forth precise
15and complete standards, pursuant to Section 5-20 of the
16Illinois Administrative Procedure Act, for making such
17determinations. The Agency shall not issue a stop-work order in
18relation to such grants unless and until the Agency adopts
19precise and complete standards, pursuant to Section 5-20 of the
20Illinois Administrative Procedure Act, for determining whether
21to issue a stop-work order.
22    (y) The Agency shall have authority to release any person
23from further responsibility for preventive or corrective
24action under this Act following successful completion of
25preventive or corrective action undertaken by such person upon
26written request by the person.

 

 

SB3531 Enrolled- 42 -LRB100 18248 SMS 33451 b

1    (z) To the extent permitted by any applicable federal law
2or regulation, for all work performed for State construction
3projects which are funded in whole or in part by a capital
4infrastructure bill enacted by the 96th General Assembly by
5sums appropriated to the Environmental Protection Agency, at
6least 50% of the total labor hours must be performed by actual
7residents of the State of Illinois. For purposes of this
8subsection, "actual residents of the State of Illinois" means
9persons domiciled in the State of Illinois. The Department of
10Labor shall promulgate rules providing for the enforcement of
11this subsection.
12    (aa) The Agency may adopt rules requiring the electronic
13submission of any information required to be submitted to the
14Agency pursuant to any State or federal law or regulation or
15any court or Board order. Any rules adopted under this
16subsection (aa) must include, but are not limited to,
17identification of the information to be submitted
18electronically.
19(Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.