Illinois General Assembly - Bill Status for SB0222

Deletes everything. Amends the Environmental Protection Act to implement certain recommendations of the Illinois Environmental Regulatory Review Commission (created by Executive Order Number 18 of 1999). Provides for provisional variances to be issued by the Agency instead of the Board. Authorizes the parties to a citizen enforcement action to waive the hearing requirement. Authorizes a party to a Board enforcement proceeding to bring an action in circuit court to enforce the Board's final order. Specifies the procedures to be followed in conducting certain Phase I Environmental Audits. Standardizes several references to violations of the Act, specifying that violations of rules, permits, and Board orders are included. Clarifies language relating to the civil penalties imposed for certain administrative citations. Creates an expedited rulemaking procedure for updating incorporations by reference that are included in Board or Agency rules, and amends the Illinois Administrative Procedure Act to make a conforming change. Also makes technical changes. Effective immediately.

Amends the State Finance Act and the Environmental Protection Act. Creates the Oil Spill Response Fund as an interest-bearing special fund in the State Treasury. Provides that moneys in the Fund may be used for expenses related to releases or threats of release of petroleum. Provides that the Environmental Protection Agency may recover costs incurred by it in response to releases or threats of release of petroleum. Amends the Response Action Contractor Indemnification Act. Provides that judgments subject to State indemnification (i) shall be paid by warrant solely out of funds available in the Response Contractors Indemnification Fund (rather than, when moneys in the Response Contractors Indemnification Fund are insufficient, allowing transfers of funds from the General Revenue Fund) and (ii) may not surpass $100,000 (rather than $2,000,000) for a single occurrence. Provides that when there is at least $100,000 (rather than $2,000,000) in the Response Contractors Indemnification Fund at the beginning of a State fiscal year, State response action contracts during that fiscal year need not contribute to the Fund. Removes language requiring the transfer of $1,200,000 from the Response Contractors Indemnification Fund to the Brownfields Redevelopment Fund on the first day of fiscal years 2004 and 2005. Provides that within 30 days after the effective date of this amendatory Act, the Comptroller and Treasurer shall transfer all moneys in the Response Action Contractor Indemnification Fund in excess of $100,000 to the Brownfields Redevelopment Fund.

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