Bill Status of SB0431  94th General Assembly

Short Description:  SAFETY-TECH

Senate Sponsors
Sen. Debbie DeFrancesco Halvorson - Miguel del Valle - Martin A. Sandoval - Kwame Raoul and Bill Brady

House Sponsors
(Rep. Julie Hamos - Chapin Rose - Karen May - Linda Chapa LaVia - Monique D. Davis, Michelle Chavez, Eddie Washington and Patricia Bailey)

Last Action
DateChamber Action
  7/19/2005SenatePublic Act . . . . . . . . . 94-0272

Statutes Amended In Order of Appearance
415 ILCS 5/28from Ch. 111 1/2, par. 1028


Synopsis As Introduced
Amends the Environmental Protection Act. Makes a technical change in a Section concerning proposal of regulations.

Senate Floor Amendment No. 1
Deletes reference to:
415 ILCS 5/28from Ch. 111 1/2, par. 1028
Adds reference to:
30 ILCS 105/5.640 new
415 ILCS 5/4.2 new
415 ILCS 5/21.3from Ch. 111 1/2, par. 1021.3
415 ILCS 5/21.7 new
415 ILCS 5/22.15a new
415 ILCS 5/22.44
415 ILCS 5/22.50 new
415 ILCS 5/22.51 new
415 ILCS 5/22.52 new
415 ILCS 5/34from Ch. 111 1/2, par. 1034
415 ILCS 5/39from Ch. 111 1/2, par. 1039
415 ILCS 5/42from Ch. 111 1/2, par. 1042
415 ILCS 5/58.8
415 ILCS 105/8from Ch. 38, par. 86-8
415 ILCS 105/9from Ch. 38, par. 86-9
625 ILCS 5/11-1413from Ch. 95 1/2, par. 11-1413
625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
705 ILCS 105/27.5from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-9-1from Ch. 38, par. 1005-9-1

Deletes everything after the enacting clause. Amends the State Finance Act to create the Clean Communities Recycling Fund as a special fund in the State treasury. Amends the Environmental Protection Act. Authorizes the Agency to prepare and distribute guidance documents relative to its administration of the Act and rules adopted pursuant to the Act. Expands the conditions under which the Agency may assess environmental reclamation liens under the Act. Sets forth uses for the moneys in the Clean Communities Recycling Fund. Provides that, upon making a finding that an open dump poses a threat to the public health or to the environment, the Environmental Protection Agency may take preventive or corrective action as necessary or appropriate to end the threat. Provides that certain persons may be held liable for the costs of Agency corrective or preventive action resulting from open dumping. Establishes certain defenses to liability for open dumping. Provides that the Subtitle D Management Fund may be used for Agency activities relating to open dumping. Sets forth that no person shall cause or allow the use of land inconsistent with a land use limitation imposed under the Act. Sets forth provisions for the regulation of clean construction or demolition debris fill operations. Imposes an interim and final permit scheme so that by July 1, 2008 no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have an Agency permit for the activity. Sets forth various conditions and requirements for the clean construction and demolition debris permit scheme. Prohibits certain State employees or their relatives from having a direct financial interest in any waste-disposal operation or clean construction or demolition debris fill operation requiring a permit or any corporate entity related to any of these waste-disposal operations. Makes other changes. Amends the Litter Control Act and the Illinois Vehicle Code to change certain littering penalties and provide that certain fines shall be deposited into the Clean Communities Recycling Fund. Amends the Clerks of Courts Act and the Unified Code of Corrections to make the corresponding changes relating to the Fund and litter control. Effective immediately.

House Floor Amendment No. 10
Deletes reference to:
30 ILCS 105/5.640 new
415 ILCS 5/4.2 new
415 ILCS 5/21.7 new
415 ILCS 105/8from Ch. 38, par. 86-8
415 ILCS 105/9from Ch. 38, par. 86-9
625 ILCS 5/11-1413from Ch. 95 1/2, par. 11-1413
625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
705 ILCS 105/27.5from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-9-1from Ch. 38, par. 1005-9-1
Adds reference to:
415 ILCS 5/3.160was 415 ILCS 5/3.78 and 3.78a

Deletes provisions establishing the Clean Communities Recycling Fund and authorizing the Illinois Environmental Protection Agency to prepare and distribute guidance documents relative to its administration of the Environmental Protection Act. Provides that uncontaminated concrete with protruding rebar shall be considered clean construction or demolition debris and shall not be considered waste under certain conditions. Provides that, except for willful and wanton misconduct, neither the State, the Director, nor any State employee shall be liable for any damages arising out of or resulting from any act or omission occurring under this amendatory Act. Sets forth certain factors that the Agency must consider before taking preventive or corrective action against open dumping. Provides that the Agency may not expend more than $50,000 at any single site in response to an open dump unless: (i) the Director determines that the open dump poses an imminent and substantial endangerment to the public health or welfare or the environment or (ii) the General Assembly appropriates more than that amount for preventive or corrective action in response to the open dumping. Provides that use of clean construction or demolition debris as fill material in an excavation other than a current or former quarry or mine does not require a clean construction or demolition debris fill operation interim authorization if the operation complies with Illinois Department of Transportation specifications. Deletes changes to the Litter Control Act, the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections.

 Fiscal Note (Environmental Protection Agency)
 No fiscal impact.

 Fiscal Note (Environmental Protection Agency)
 No fiscal impact.

Actions 
DateChamber Action
  2/16/2005SenateFiled with Secretary by Sen. James A. DeLeo
  2/16/2005SenateFirst Reading
  2/16/2005SenateReferred to Rules
  2/17/2005SenateAssigned to Environment & Energy
  2/24/2005SenatePostponed - Environment & Energy
  3/2/2005SenatePostponed - Environment & Energy
  3/7/2005SenateChief Sponsor Changed to Sen. Debbie DeFrancesco Halvorson
  3/10/2005SenateDo Pass Environment & Energy; 007-005-000
  3/10/2005SenatePlaced on Calendar Order of 2nd Reading March 15, 2005
  4/11/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  4/11/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  4/11/2005SenateSecond Reading
  4/11/2005SenatePlaced on Calendar Order of 3rd Reading April 12, 2005
  4/11/2005SenateSenate Floor Amendment No. 1 Rules Refers to Environment & Energy
  4/12/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Environment & Energy; 013-000-000
  4/13/2005SenateAdded as Chief Co-Sponsor Sen. Miguel del Valle
  4/14/2005SenateAdded as Co-Sponsor Sen. Bill Brady
  4/15/2005SenateRecalled to Second Reading
  4/15/2005SenateSenate Floor Amendment No. 1 Adopted; Halvorson
  4/15/2005SenatePlaced on Calendar Order of 3rd Reading
  4/15/2005SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval
  4/15/2005SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  4/15/2005SenateThird Reading - Passed; 055-000-000
  4/19/2005HouseArrived in House
  4/19/2005HousePlaced on Calendar Order of First Reading
  4/19/2005HouseChief House Sponsor Rep. Julie Hamos
  4/26/2005HouseFirst Reading
  4/26/2005HouseReferred to Rules Committee
  4/26/2005HouseReferred to Executive Committee
  5/3/2005HouseAdded Alternate Co-Sponsor Rep. Michelle Chavez
  5/10/2005HouseRe-assigned to Environment & Energy Committee
  5/10/2005HouseCommittee/Final Action Deadline Extended-9(b) May 27, 2005
  5/25/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 2 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 3 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 4 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 5 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 6 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 7 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 8 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 9 Filed with Clerk by Environment & Energy Committee
  5/25/2005HouseHouse Committee Amendment No. 2 Lost in Environment & Energy Committee; 004-016-001
  5/25/2005HouseHouse Committee Amendment No. 3 Lost in Environment & Energy Committee; 000-021-000
  5/25/2005HouseHouse Committee Amendment No. 4 Lost in Environment & Energy Committee; 003-018-000
  5/25/2005HouseHouse Committee Amendment No. 5 Lost in Environment & Energy Committee; 000-021-000
  5/25/2005HouseHouse Committee Amendment No. 6 Lost in Environment & Energy Committee; 000-021-000
  5/25/2005HouseHouse Committee Amendment No. 8 Lost in Environment & Energy Committee; 000-021-000
  5/25/2005HouseDo Pass / Short Debate Environment & Energy Committee; 017-003-001
  5/25/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2005HouseFiscal Note Requested by Rep. John A. Fritchey
  5/25/2005HouseHouse Floor Amendment No. 10 Filed with Clerk by Rep. Julie Hamos
  5/25/2005HouseHouse Floor Amendment No. 10 Referred to Rules Committee
  5/26/2005HouseFiscal Note Filed
  5/26/2005HouseFiscal Note Filed As Amended by HA 10
  5/26/2005HouseHouse Floor Amendment No. 10 Recommends Be Adopted Rules Committee; 003-002-000
  5/26/2005HouseSecond Reading - Short Debate
  5/26/2005HouseHouse Floor Amendment No. 10 Adopted by Voice Vote
  5/26/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/26/2005HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/26/2005HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/26/2005HouseAdded Alternate Co-Sponsor Rep. Patricia Bailey
  5/26/2005HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Chapin Rose
  5/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Karen May
  5/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
  5/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis
  5/26/2005HouseAlternate Co-Sponsor Removed Rep. Linda Chapa LaVia
  5/26/2005HouseAlternate Co-Sponsor Removed Rep. Monique D. Davis
  5/27/2005HouseThird Reading - Short Debate - Passed 077-016-023
  5/27/2005HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40(a)
  5/27/2005HouseHouse Committee Amendment No. 7 Tabled Pursuant to Rule 40(a)
  5/27/2005HouseHouse Committee Amendment No. 9 Tabled Pursuant to Rule 40(a)
  5/27/2005SenateSecretary's Desk - Concurrence House Amendment(s) 10
  5/27/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 10-May 28, 2005.
  5/27/2005SenateHouse Floor Amendment No. 10 Motion to Concur Filed with Secretary Sen. Debbie DeFrancesco Halvorson
  5/27/2005SenateHouse Floor Amendment No. 10 Motion to Concur Referred to Rules
  5/28/2005SenateHouse Floor Amendment No. 10 Motion to Concur Rules Referred to Environment & Energy
  5/28/2005SenateHouse Floor Amendment No. 10 Motion To Concur Recommended Do Adopt Environment & Energy; 011-000-000
  5/29/2005SenateHouse Floor Amendment No. 10 Senate Concurs 054-000-000
  5/29/2005SenatePassed Both Houses
  6/27/2005SenateSent to the Governor
  7/19/2005SenateGovernor Approved
  7/19/2005SenateEffective Date July 19, 2005
  7/19/2005SenatePublic Act . . . . . . . . . 94-0272