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Sen. Linda Holmes
Filed: 5/11/2023
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1 | | AMENDMENT TO HOUSE BILL 3086
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2 | | AMENDMENT NO. ______. Amend House Bill 3086 on page 1, |
3 | | line 5, by replacing "and 13.3" with "13.3, and 19"; and
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4 | | on page 17, immediately below line 1, by inserting the |
5 | | following:
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6 | | "(415 ILCS 60/19) (from Ch. 5, par. 819)
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7 | | Sec. 19. Interagency Committee on Pesticides. The Director |
8 | | is authorized
to create an interagency committee on |
9 | | pesticides. Its purpose is to study
and advise on the use of |
10 | | pesticides on State property. Also, its purpose
is to advise |
11 | | any State agency in connection with quarantine programs or
the |
12 | | protection of the public health and welfare, and to recommend |
13 | | needed
legislation concerning pesticides.
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14 | | 1. An interagency committee on pesticides shall consist |
15 | | of: (1) the
Director of the Department of Agriculture, (2) the |
16 | | Director of Natural
Resources, (3) the Director of the |
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1 | | Environmental
Protection Agency, (4) the Director of the |
2 | | Department of Public Health, (5)
the Secretary of the |
3 | | Department of Transportation, (6) the President of the |
4 | | University of Illinois or his or her designee representing the
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5 | | State Natural History Survey and (7) the Dean of the College of
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6 | | Agriculture, University of Illinois. Each member of the |
7 | | committee may
designate some person in his department to serve |
8 | | on the committee in
his stead. Other State agencies may, at the |
9 | | discretion of the Director,
be asked to serve on the |
10 | | interagency committee on pesticides. The Director
of the |
11 | | Department of Agriculture shall be chairman of this committee.
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12 | | 2. The interagency committee shall: (1) Review the current |
13 | | status of
the sales and use of pesticides within the State of |
14 | | Illinois. (2) Review
pesticide programs to be sponsored or |
15 | | directed by a governmental agency.
(3) Consider the problems |
16 | | arising from pesticide use with particular emphasis
on the |
17 | | possible adverse effects on human health, livestock, crops, |
18 | | fish,
and wildlife, business, industry, agriculture, or the |
19 | | general public. (4)
Recommend legislation to the Governor, if |
20 | | appropriate, which will prohibit
the irresponsible use of |
21 | | pesticides. (5) Review rules and regulations
pertaining to the |
22 | | regulation or prohibition of the sale, use or application
of |
23 | | pesticides and labeling of pesticides for approval prior to |
24 | | promulgation
and adoption. (6) Contact various experts and lay |
25 | | groups, such as the
Illinois Pesticide Control Committee, to |
26 | | obtain their views and
cooperation. (7) Advise on and approve |
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1 | | of all programs involving the use of
pesticides on State owned |
2 | | property, state controlled property, or
administered by State |
3 | | agencies. (8) Examine, with the assistance of the Department |
4 | | of Agriculture, the possibility of using continuing education |
5 | | courses to satisfy pesticide applicator competency |
6 | | requirements required for existing licensees. This shall not |
7 | | be construed to include
research programs, or the generally |
8 | | accepted and approved practices
essential to good farm and |
9 | | institutional management on the premises of the
various State |
10 | | facilities.
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11 | | 3. Members of this committee shall receive no compensation |
12 | | for their
services as members of this committee other than |
13 | | that provided by law for
their respective positions with the |
14 | | State of Illinois. All necessary
expenses for travel of the |
15 | | committee members shall be paid out of regular
appropriations |
16 | | of their respective agencies.
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17 | | 4. The committee shall meet at least once each quarter of |
18 | | the calendar
year, and may hold additional meetings upon the |
19 | | call of the chairman. Four
members shall constitute a quorum.
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20 | | 5. The committee shall make a detailed report of its |
21 | | findings and
recommendations to the Governor of Illinois prior |
22 | | to each General
Assembly Session.
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23 | | 6. The Interagency Committee on Pesticides shall, at a |
24 | | minimum,
annually, during the spring, conduct a statewide |
25 | | public education campaign
and agriculture chemical safety |
26 | | campaign to inform the public about
pesticide products, uses |
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1 | | and safe disposal techniques. A toll-free hot
line number |
2 | | shall be made available for the public to report misuse cases.
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3 | | The Committee shall include in its educational program |
4 | | information and
advice about the effects of various pesticides |
5 | | and application techniques
upon the groundwater and drinking |
6 | | water of the State.
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7 | | 7. The Interagency Committee on Pesticides shall conduct a |
8 | | special
study of the effects of chemigation and other |
9 | | agricultural applications of
pesticides upon the groundwater |
10 | | of this State. The results of such study
shall be reported to |
11 | | the General Assembly by March 1, 1989. The members of
the |
12 | | Committee may utilize the technical and clerical resources of |
13 | | their
respective departments and agencies as necessary or |
14 | | useful in the conduct
of the study.
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15 | | 8. In consultation with the Interagency Committee, the |
16 | | Department
shall develop, and the Interagency Committee shall |
17 | | approve,
procedures, methods, and guidelines for addressing |
18 | | agrichemical
pesticide contamination at agrichemical |
19 | | facilities in Illinois. In
developing those procedures, |
20 | | methods, and guidelines, the following shall
be considered and |
21 | | addressed: (1) an evaluation and assessment of site
conditions |
22 | | and operational practices at agrichemical facilities where
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23 | | agricultural pesticides are handled; (2) what constitutes |
24 | | pesticide
contamination; (3) cost effective procedures for |
25 | | site assessments and
technologies for remedial action; and (4) |
26 | | achievement of adequate
protection of public health and the |
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1 | | environment from such actual or
potential hazards. In |
2 | | consultation with the Interagency Committee, the Department
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3 | | shall develop, and the Interagency Committee shall approve, |
4 | | guidelines and
recommendations regarding long term financial |
5 | | resources which may be
necessary to remediate pesticide |
6 | | contamination at agrichemical facilities
in Illinois. The |
7 | | Department, in consultation with the Interagency
Committee, |
8 | | shall present a report on those guidelines and
recommendations |
9 | | to the Governor and the General Assembly on or before
January |
10 | | 1, 1993. The Department and the Interagency Committee shall
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11 | | consult with the Illinois Pesticide Control
Committee and |
12 | | other appropriate parties during this development process.
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13 | | 9. As part of the consideration of cost effective |
14 | | technologies pursuant
to subsection 8 of this Section, the |
15 | | Department may, upon request, provide
a written authorization |
16 | | to the owner or operator of an agrichemical
facility for land |
17 | | application of agrichemical contaminated
soils at agronomic |
18 | | rates.
As used in this Section, "agrichemical" means |
19 | | pesticides or commercial
fertilizers, at an agrichemical |
20 | | facility, in transit from an agrichemical
facility to the |
21 | | field of application, or at the field of application.
The |
22 | | written authorization may also provide for use
of groundwater |
23 | | contaminated by the release of an agrichemical,
provided
that |
24 | | the groundwater is not also contaminated due to the release of |
25 | | a
petroleum product or hazardous substance other than an |
26 | | agrichemical. The uses
of agrichemical contaminated |
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1 | | groundwater authorized by the
Department shall be
limited to |
2 | | supervised application or irrigation onto farmland and |
3 | | blending
as make-up water in the preparation of agrichemical |
4 | | spray solutions that
are to be applied to farmland. In either |
5 | | case, the use of the agrichemical
contaminated water shall not |
6 | | cause (i) the total annual application amounts
of a pesticide |
7 | | to exceed the respective pesticide label application
rate on |
8 | | any authorized sites
or (ii) the total annual application |
9 | | amounts of a fertilizer to exceed the
generally accepted |
10 | | annual application rate on any authorized sites. All
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11 | | authorizations shall prescribe
appropriate operational control |
12 | | practices to protect the site of application
and shall |
13 | | identify each site or sites where land
application or |
14 | | irrigation take place. Where agrichemical
contaminated
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15 | | groundwater is used on farmland, the prescribed practices |
16 | | shall be designed
to prevent off-site runoff or conveyance |
17 | | through underground tile
systems. The Department shall
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18 | | periodically advise the Interagency Committee regarding the |
19 | | issuance of
such authorizations and the status of compliance |
20 | | at the application sites.
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21 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)".
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