093_SB0361eng

 
SB361 Engrossed                      LRB093 07918 AMC 08109 b

 1        AN ACT concerning environmental safety.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Department  of  Public  Health  Act  is
 5    amended by adding Section 6.5 as follow:

 6        (20 ILCS 2305/6.5 new)
 7        Sec. 6.5.  West Nile Virus. From moneys appropriated from
 8    the Used Tire Management Fund pursuant to subsection (b-5) of
 9    Section   55.6  of  the  Environmental  Protection  Act,  the
10    Department shall make grants to county health departments, in
11    amounts based on the population of the county, to be used for
12    expenses related to the West Nile Virus.  The City of Chicago
13    shall receive a  percentage  of  the  amount  of  the  moneys
14    distributed  to  Cook County based on its population compared
15    to the population of the county.

16        Section 10.  The Environmental Protection Act is  amended
17    by changing Sections 55.6 and 55.8 as follows:

18        (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
19        Sec. 55.6. Used Tire Management Fund.
20        (a)  There  is  hereby  created  in  the State Treasury a
21    special fund to be known as the Used  Tire  Management  Fund.
22    There shall be deposited into the Fund all monies received as
23    (1)  recovered  costs or proceeds from the sale of used tires
24    under Section 55.3 of this Act, (2) repayment of  loans  from
25    the  Used  Tire Management Fund, or (3) penalties or punitive
26    damages for violations of this Title, except as  provided  by
27    subdivision (b)(4) or (b)(4-5) of Section 42.
28        (b)  Beginning  January 1, 1992, in addition to any other
29    fees required by law, the owner  or  operator  of  each  site
 
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 1    required  to be registered under subsection (d) of Section 55
 2    shall pay to the Agency an annual fee of $100. Fees collected
 3    under  this  subsection   shall   be   deposited   into   the
 4    Environmental Protection Permit and Inspection Fund.
 5        (b-5)  Pursuant  to  appropriation, for each tire sold at
 6    retail or offered for retail sale in this State, 50 cents  of
 7    the  fee  imposed  under  Section  55.8  of the Environmental
 8    Protection Act shall be allocated to the Department of Public
 9    Health for the purposes  specified  in  Section  6.5  of  the
10    Department of Public Health Act.
11        (c)  Pursuant to appropriation, monies up to an amount of
12    $2 million per fiscal year from the Used Tire Management Fund
13    shall be allocated as follows:
14             (1)  38%  shall  be  available to the Agency for the
15        following purposes, provided that priority shall be given
16        to item (i):
17                  (i)  To  undertake  preventive,  corrective  or
18             removal action as authorized by  and  in  accordance
19             with   Section   55.3,   and  to  recover  costs  in
20             accordance with Section 55.3.
21                  (ii)  For the  performance  of  inspection  and
22             enforcement  activities  for  used  and  waste  tire
23             sites.
24                  (iii)  To  assist  with marketing of used tires
25             by  augmenting  the  operations  of  an   industrial
26             materials exchange service.
27                  (iv)  To  provide financial assistance to units
28             of  local  government   for   the   performance   of
29             inspecting, investigating and enforcement activities
30             pursuant  to subsection (r) of Section 4 at used and
31             waste tire sites.
32                  (v)  To provide financial assistance  for  used
33             and  waste  tire  collection  projects  sponsored by
34             local government or not-for-profit corporations.
 
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 1                  (vi)  For  the  costs  of  fee  collection  and
 2             administration relating to used and waste tires, and
 3             to accomplish such other purposes as are  authorized
 4             by this Act and regulations thereunder.
 5             (2)  23%  shall  be  available  to the Department of
 6        Commerce  and  Community  Affairs   for   the   following
 7        purposes,  provided  that priority shall be given to item
 8        (A):
 9                  (A)  To  provide  grants  or  loans   for   the
10             purposes of:
11                       (i)  assisting  units  of local government
12                  and private industry in  the  establishment  of
13                  facilities and programs to collect, process and
14                  utilize  used  and waste tires and tire derived
15                  materials;
16                       (ii)  demonstrating  the  feasibility   of
17                  innovative   technologies   as   a   means   of
18                  collecting,  storing,  processing and utilizing
19                  used  and  waste   tires   and   tire   derived
20                  materials; and
21                       (iii)  applying  demonstrated technologies
22                  as a means of collecting, storing,  processing,
23                  and  utilizing  used  and  waste tires and tire
24                  derived materials.
25                  (B)  To develop educational material for use by
26             officials and the public to  better  understand  and
27             respond  to  the  problems  posed  by used tires and
28             associated insects.
29                  (C)  (Blank).
30                  (D)  To perform such research as  the  Director
31             deems  appropriate to help meet the purposes of this
32             Act.
33                  (E)  To pay the costs of administration of  its
34             activities authorized under this Act.
 
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 1             (3)  25%   shall   be   available  to  the  Illinois
 2        Department of Public Health for the following purposes:
 3                  (A)  To  investigate   threats   or   potential
 4             threats  to  the public health related to mosquitoes
 5             and other vectors of  disease  associated  with  the
 6             improper  storage,  handling  and disposal of tires,
 7             improper waste disposal, or natural conditions.
 8                  (B)  To  conduct  surveillance  and  monitoring
 9             activities  for  mosquitoes  and   other   arthropod
10             vectors  of  disease,  and  surveillance  of animals
11             which  provide  a  reservoir  for  disease-producing
12             organisms.
13                  (C)  To conduct training activities to  promote
14             vector   control   programs   and   integrated  pest
15             management as defined in the Vector Control Act.
16                  (D)  To  respond  to   inquiries,   investigate
17             complaints,    conduct   evaluations   and   provide
18             technical consultation to help reduce  or  eliminate
19             public   health   hazards  and  nuisance  conditions
20             associated with mosquitoes and other vectors.
21                  (E)  To provide financial assistance  to  units
22             of  local government for training, investigation and
23             response  to  public   nuisances   associated   with
24             mosquitoes and other vectors of disease.
25             (4)  2%  shall  be  available  to  the Department of
26        Agriculture  for  its  activities  under   the   Illinois
27        Pesticide Act relating to used and waste tires.
28             (5)  2%  shall be available to the Pollution Control
29        Board for administration of its  activities  relating  to
30        used and waste tires.
31             (6)  10%  shall  be  available  to the Department of
32        Natural Resources for the Illinois Natural History Survey
33        to perform research to study the  biology,  distribution,
34        population  ecology,  and biosystematics of tire-breeding
 
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 1        arthropods, especially mosquitoes, and the diseases  they
 2        spread.
 3          (d)  By  January  1,  1998,  and biennially thereafter,
 4    each State agency receiving an appropriation  from  the  Used
 5    Tire  Management  Fund  shall  report to the Governor and the
 6    General Assembly on its activities relating to the Fund.
 7        (e)  Any  monies  appropriated   from   the   Used   Tire
 8    Management Fund, but not obligated, shall revert to the Fund.
 9        (f)  In administering the provisions of subdivisions (1),
10    (2)  and  (3)  of subsection (c) of this Section, the Agency,
11    the Department of Commerce and  Community  Affairs,  and  the
12    Illinois  Department  of  Public  Health  shall  ensure  that
13    appropriate   funding   assistance   is   provided   to   any
14    municipality  with  a  population  over  1,000,000  or to any
15    sanitary district which serves a population over 1,000,000.
16        (g)  Pursuant to appropriation, monies in  excess  of  $2
17    million  per  fiscal  year from the Used Tire Management Fund
18    shall be used as follows:
19             (1)  55%  shall  be  available  to  the  Agency   to
20        undertake  preventive,  corrective  or  renewed action as
21        authorized by and in accordance with Section 55.3 and  to
22        recover costs in accordance with Section 55.3.
23             (2)  45%  shall  be  available  to the Department of
24        Commerce and Community Affairs to provide grants or loans
25        for the purposes of:
26                  (i)  assisting units of  local  government  and
27             private  industry in the establishment of facilities
28             and programs to collect, process and  utilize  waste
29             tires and tire derived material;
30                  (ii)  demonstrating    the    feasibility    of
31             innovative  technologies  as  a means of collecting,
32             storing, processing, and utilizing  used  and  waste
33             tires and tire derived materials; and
34                  (iii)  applying  demonstrated technologies as a
 
SB361 Engrossed             -6-      LRB093 07918 AMC 08109 b
 1             means  of  collecting,  storing,   processing,   and
 2             utilizing  used  and  waste  tires  and tire derived
 3             materials.
 4    (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)

 5        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
 6        Sec. 55.8.  Tire retailers.
 7        (a)  Beginning July 1, 1992, Any person selling tires  at
 8    retail or offering tires for retail sale in this State shall:
 9             (1)  collect  from  retail  customers a fee of $1.50
10        one dollar per tire sold and delivered in this  State  to
11        be  paid  to the Department of Revenue and deposited into
12        the  Used  Tire  Management  Fund,  less   a   collection
13        allowance  of  10  cents  per  tire to be retained by the
14        retail seller and a collection allowance of 10 cents  per
15        tire to be retained by the Department of Revenue and paid
16        into the General Revenue Fund;
17             (2)  accept for recycling used tires from customers,
18        at  the  point  of  transfer,  in a quantity equal to the
19        number of new tires purchased; and
20             (3)  post in a conspicuous place a written notice at
21        least  8.5  by  11  inches  in  size  that  includes  the
22        universal recycling symbol and the following  statements:
23        "DO NOT put used tires in the trash."; "Recycle your used
24        tires.";  and "State law requires us to accept used tires
25        for recycling, in exchange for new tires purchased.".
26        (b)  A person who accepts used tires for recycling  under
27    subsection  (a)  shall  not allow the tires to accumulate for
28    periods of more than 90 days.
29        (c)  The requirements of subsection (a) of  this  Section
30    do not apply to mail order sales nor shall the retail sale of
31    a  motor  vehicle be considered  to  be  the  sale of   tires
32    at retail or offering of tires for retail  sale.  Instead  of
33    filing  returns,  retailers  of tires may remit the tire user
 
SB361 Engrossed             -7-      LRB093 07918 AMC 08109 b
 1    fee of $1.00 per tire to their  suppliers  of  tires  if  the
 2    supplier  of  tires  is  a  registered  retailer of tires and
 3    agrees or otherwise arranges to collect and  remit  the  tire
 4    fee  to  the  Department of Revenue, notwithstanding the fact
 5    that the sale of the tire is a sale for resale and not a sale
 6    at  retail.  A  tire  supplier  who  enters  into   such   an
 7    arrangement  with a tire retailer shall be liable for the tax
 8    on all tires sold to the tire retailer and must  (i)  provide
 9    the tire retailer with a receipt that separately reflects the
10    tire  tax collected from the retailer on each transaction and
11    (ii) accept used tires  for  recycling  from  the  retailer's
12    customers.   The  tire  supplier  shall  be  entitled  to the
13    collection allowance of 10 cents per tire.
14        The retailer of the tires must maintain in its books  and
15    records  evidence  that  the  appropriate fee was paid to the
16    tire supplier and that the tire supplier has agreed to  remit
17    the  fee  to  the Department of Revenue for each tire sold by
18    the retailer.  Otherwise, the tire retailer shall be directly
19    liable for the  fee  on  all  tires  sold  at  retail.   Tire
20    retailers  paying the fee to their suppliers are not entitled
21    to the collection allowance of 10 cents per tire.
22        (d)  The requirements of subsection (a) of  this  Section
23    shall  apply  exclusively  to  tires  to be used for vehicles
24    defined in  Section  1-217  of  the  Illinois  Vehicle  Code,
25    aircraft  tires,  special mobile equipment, and implements of
26    husbandry.
27        (e)  The requirements of paragraph (1) of subsection  (a)
28    do  not  apply to the sale of reprocessed tires. For purposes
29    of this Section, "reprocessed tire" means a  used  tire  that
30    has  been  recapped, retreaded, or regrooved and that has not
31    been placed on a vehicle wheel rim.
32    (Source: P.A. 90-14, eff. 7-1-97.)

33        Section 99.  Effective date.  This Act  takes  effect  on
 
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 1    July 1, 2003.