Sen. Linda Holmes

Filed: 5/11/2023

 

 


 

 


 
10300HB3086sam002LRB103 27395 AWJ 61824 a

1
AMENDMENT TO HOUSE BILL 3086

2    AMENDMENT NO. ______. Amend House Bill 3086 on page 1,
3line 5, by replacing "and 13.3" with "13.3, and 19"; and
 
4on page 17, immediately below line 1, by inserting the
5following:
 
6    "(415 ILCS 60/19)  (from Ch. 5, par. 819)
7    Sec. 19. Interagency Committee on Pesticides. The Director
8is authorized to create an interagency committee on
9pesticides. Its purpose is to study and advise on the use of
10pesticides on State property. Also, its purpose is to advise
11any State agency in connection with quarantine programs or the
12protection of the public health and welfare, and to recommend
13needed legislation concerning pesticides.
14    1. An interagency committee on pesticides shall consist
15of: (1) the Director of the Department of Agriculture, (2) the
16Director of Natural Resources, (3) the Director of the

 

 

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1Environmental Protection Agency, (4) the Director of the
2Department of Public Health, (5) the Secretary of the
3Department of Transportation, (6) the President of the
4University of Illinois or his or her designee representing the
5State Natural History Survey and (7) the Dean of the College of
6Agriculture, University of Illinois. Each member of the
7committee may designate some person in his department to serve
8on the committee in his stead. Other State agencies may, at the
9discretion of the Director, be asked to serve on the
10interagency committee on pesticides. The Director of the
11Department of Agriculture shall be chairman of this committee.
12    2. The interagency committee shall: (1) Review the current
13status of the sales and use of pesticides within the State of
14Illinois. (2) Review pesticide programs to be sponsored or
15directed by a governmental agency. (3) Consider the problems
16arising from pesticide use with particular emphasis on the
17possible adverse effects on human health, livestock, crops,
18fish, and wildlife, business, industry, agriculture, or the
19general public. (4) Recommend legislation to the Governor, if
20appropriate, which will prohibit the irresponsible use of
21pesticides. (5) Review rules and regulations pertaining to the
22regulation or prohibition of the sale, use or application of
23pesticides and labeling of pesticides for approval prior to
24promulgation and adoption. (6) Contact various experts and lay
25groups, such as the Illinois Pesticide Control Committee, to
26obtain their views and cooperation. (7) Advise on and approve

 

 

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1of all programs involving the use of pesticides on State owned
2property, state controlled property, or administered by State
3agencies. (8) Examine, with the assistance of the Department
4of Agriculture, the possibility of using continuing education
5courses to satisfy pesticide applicator competency
6requirements required for existing licensees. This shall not
7be construed to include research programs, or the generally
8accepted and approved practices essential to good farm and
9institutional management on the premises of the various State
10facilities.
11    3. Members of this committee shall receive no compensation
12for their services as members of this committee other than
13that provided by law for their respective positions with the
14State of Illinois. All necessary expenses for travel of the
15committee members shall be paid out of regular appropriations
16of their respective agencies.
17    4. The committee shall meet at least once each quarter of
18the calendar year, and may hold additional meetings upon the
19call of the chairman. Four members shall constitute a quorum.
20    5. The committee shall make a detailed report of its
21findings and recommendations to the Governor of Illinois prior
22to each General Assembly Session.
23    6. The Interagency Committee on Pesticides shall, at a
24minimum, annually, during the spring, conduct a statewide
25public education campaign and agriculture chemical safety
26campaign to inform the public about pesticide products, uses

 

 

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1and safe disposal techniques. A toll-free hot line number
2shall be made available for the public to report misuse cases.
3    The Committee shall include in its educational program
4information and advice about the effects of various pesticides
5and application techniques upon the groundwater and drinking
6water of the State.
7    7. The Interagency Committee on Pesticides shall conduct a
8special study of the effects of chemigation and other
9agricultural applications of pesticides upon the groundwater
10of this State. The results of such study shall be reported to
11the General Assembly by March 1, 1989. The members of the
12Committee may utilize the technical and clerical resources of
13their respective departments and agencies as necessary or
14useful in the conduct of the study.
15    8. In consultation with the Interagency Committee, the
16Department shall develop, and the Interagency Committee shall
17approve, procedures, methods, and guidelines for addressing
18agrichemical pesticide contamination at agrichemical
19facilities in Illinois. In developing those procedures,
20methods, and guidelines, the following shall be considered and
21addressed: (1) an evaluation and assessment of site conditions
22and operational practices at agrichemical facilities where
23agricultural pesticides are handled; (2) what constitutes
24pesticide contamination; (3) cost effective procedures for
25site assessments and technologies for remedial action; and (4)
26achievement of adequate protection of public health and the

 

 

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1environment from such actual or potential hazards. In
2consultation with the Interagency Committee, the Department
3shall develop, and the Interagency Committee shall approve,
4guidelines and recommendations regarding long term financial
5resources which may be necessary to remediate pesticide
6contamination at agrichemical facilities in Illinois. The
7Department, in consultation with the Interagency Committee,
8shall present a report on those guidelines and recommendations
9to the Governor and the General Assembly on or before January
101, 1993. The Department and the Interagency Committee shall
11consult with the Illinois Pesticide Control Committee and
12other appropriate parties during this development process.
13    9. As part of the consideration of cost effective
14technologies pursuant to subsection 8 of this Section, the
15Department may, upon request, provide a written authorization
16to the owner or operator of an agrichemical facility for land
17application of agrichemical contaminated soils at agronomic
18rates. As used in this Section, "agrichemical" means
19pesticides or commercial fertilizers, at an agrichemical
20facility, in transit from an agrichemical facility to the
21field of application, or at the field of application. The
22written authorization may also provide for use of groundwater
23contaminated by the release of an agrichemical, provided that
24the groundwater is not also contaminated due to the release of
25a petroleum product or hazardous substance other than an
26agrichemical. The uses of agrichemical contaminated

 

 

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1groundwater authorized by the Department shall be limited to
2supervised application or irrigation onto farmland and
3blending as make-up water in the preparation of agrichemical
4spray solutions that are to be applied to farmland. In either
5case, the use of the agrichemical contaminated water shall not
6cause (i) the total annual application amounts of a pesticide
7to exceed the respective pesticide label application rate on
8any authorized sites or (ii) the total annual application
9amounts of a fertilizer to exceed the generally accepted
10annual application rate on any authorized sites. All
11authorizations shall prescribe appropriate operational control
12practices to protect the site of application and shall
13identify each site or sites where land application or
14irrigation take place. Where agrichemical contaminated
15groundwater is used on farmland, the prescribed practices
16shall be designed to prevent off-site runoff or conveyance
17through underground tile systems. The Department shall
18periodically advise the Interagency Committee regarding the
19issuance of such authorizations and the status of compliance
20at the application sites.
21(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)".