Illinois General Assembly - Full Text of HB4710
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Full Text of HB4710  95th General Assembly

HB4710eng 95TH GENERAL ASSEMBLY



 


 
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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     (105 ILCS 105/5a rep.)
5     Section 3. The Asbestos Abatement Act is amended by
6 repealing Section 5a.
 
7     Section 5. The Asbestos Abatement Act is amended by
8 changing Section 6 as follows:
 
9     (105 ILCS 105/6)  (from Ch. 122, par. 1406)
10     Sec. 6. Powers and Duties of the Department.
11     (a) The Department is empowered to promulgate any rules
12 necessary to ensure proper implementation and administration
13 of this Act and of the federal Asbestos Hazard Emergency
14 Response Act of 1986, and the regulations promulgated
15 thereunder.
16     (b) Rules promulgated by the Department shall include, but
17 not be limited to:
18         (1) all rules necessary to achieve compliance with the
19     federal Asbestos Hazard Emergency Response Act of 1986 and
20     the regulations promulgated thereunder;
21         (2) rules providing for the training and licensing of
22     persons and firms to perform asbestos inspection and air

 

 

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1     sampling; to perform abatement work; and to serve as
2     asbestos abatement contractors, management, planners,
3     project designers, project supervisors, project managers
4     and asbestos workers for public and private secondary and
5     elementary schools; and any necessary rules relating to the
6     correct and safe performance of those tasks; and
7         (3) rules for the development and submission of
8     asbestos management plans by local educational agencies,
9     and for review and approval of such plans by the
10     Department.
11     (c) In carrying out its responsibilities under this Act,
12 the Department shall:
13         (1) publish a list of persons and firms licensed
14     pursuant to this Act, except that the Department shall not
15     be required to publish a list of licensed asbestos workers;
16     and
17         (2) require each local educational agency to maintain
18     records of asbestos-related activities, which shall be
19     made available to the Department upon request. ; and
20         (3) require local educational agencies to submit to the
21     Department for review and approval all asbestos-related
22     response action contracts for which the local educational
23     agency seeks indemnification under the Response Action
24     Contractor Indemnification Act, and with respect to such
25     response action contracts, to collect from the local
26     educational agency and deposit in the Response Contractors

 

 

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1     Indemnification Fund 5% of the amount of each response
2     action contract, as required under the Response Action
3     Contractor Indemnification Act.
4     (d) Adopt rules for the collection of fees for training
5 course approval; and for licensing of inspectors, management
6 planners, project designers, contractors, supervisors, air
7 sampling professionals, project managers and workers.
8     (e) Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor nor any agency or agency head
10 under the jurisdiction of the Governor has any authority to
11 make or promulgate rules to implement or enforce the provisions
12 of this amendatory Act of the 95th General Assembly. If,
13 however, the Governor believes that rules are necessary to
14 implement or enforce the provisions of this amendatory Act of
15 the 95th General Assembly, the Governor may suggest rules to
16 the General Assembly by filing them with the Clerk of the House
17 and the Secretary of the Senate and by requesting that the
18 General Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this subsection, "rules"
25 is given the meaning contained in Section 1-70 of the Illinois
26 Administrative Procedure Act, and "agency" and "agency head"

 

 

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1 are given the meanings contained in Sections 1-20 and 1-25 of
2 the Illinois Administrative Procedure Act to the extent that
3 such definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
5 (Source: P.A. 91-357, eff. 7-29-99.)
 
6     Section 10. The Response Action Contractor Indemnification
7 Act is amended by changing Section 5 and adding Section 8 as
8 follows:
 
9     (415 ILCS 100/5)  (from Ch. 111 1/2, par. 7205)
10     Sec. 5. Response Contractors Indemnification Fund.
11     (a) There is hereby created the Response Contractors
12 Indemnification Fund. The State Treasurer, ex officio, shall be
13 custodian of the Fund, and the Comptroller shall direct
14 payments from the Fund upon vouchers properly certified by the
15 Attorney General in accordance with Section 4. The Treasurer
16 shall credit interest on the Fund to the Fund.
17     (b) Every State response action contract shall provide that
18 5% of each payment to be made by the State under the contract
19 shall be paid by the State directly into the Response
20 Contractors Indemnification Fund rather than to the
21 contractor, except that when there is at least $100,000 in the
22 Fund at the beginning of a State fiscal year, State response
23 action contracts during that fiscal year need not provide that
24 5% of each payment made under the contract be paid into the

 

 

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1 Fund. When only a portion of a contract relates to a remedial
2 or response action, or to the identification, handling,
3 storage, treatment or disposal of a pollutant, the contract
4 shall provide that only that portion is subject to this
5 subsection.
6     (c) Within 30 days after the effective date of this
7 amendatory Act of 1997, the Comptroller shall order transferred
8 and the Treasurer shall transfer $1,200,000 from the Response
9 Contractors Indemnification Fund to the Brownfields
10 Redevelopment Fund. The Comptroller shall order transferred
11 and the Treasurer shall transfer $1,200,000 from the Response
12 Contractors Indemnification Fund to the Brownfields
13 Redevelopment Fund on the first day of fiscal years 1999, 2000,
14 2001, 2002, and 2003.
15     (d) Within 30 days after the effective date of this
16 amendatory Act of the 91st General Assembly, the Comptroller
17 shall order transferred and the Treasurer shall transfer
18 $2,000,000 from the Response Contractors Indemnification Fund
19 to the Asbestos Abatement Fund.
20     (e) Within 30 days after the effective date of this
21 amendatory Act of the 93rd General Assembly, the Comptroller
22 shall order transferred and the Treasurer shall transfer all
23 monies in the Response Action Contractor Indemnification Fund
24 in excess of $100,000 from the Response Action Contractor
25 Indemnification Fund to the Brownfields Redevelopment Fund.
26     (f) Within 30 days after the effective date of this

 

 

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1 amendatory Act of the 95th General Assembly, the State
2 Comptroller shall order transferred and the State Treasurer
3 shall transfer all moneys in the Response Action Contractor
4 Indemnification Fund to the Brownfields Redevelopment Fund.
5     (g) Notwithstanding any other rulemaking authority that
6 may exist, neither the Governor nor any agency or agency head
7 under the jurisdiction of the Governor has any authority to
8 make or promulgate rules to implement or enforce the provisions
9 of this amendatory Act of the 95th General Assembly. If,
10 however, the Governor believes that rules are necessary to
11 implement or enforce the provisions of this amendatory Act of
12 the 95th General Assembly, the Governor may suggest rules to
13 the General Assembly by filing them with the Clerk of the House
14 and the Secretary of the Senate and by requesting that the
15 General Assembly authorize such rulemaking by law, enact those
16 suggested rules into law, or take any other appropriate action
17 in the General Assembly's discretion. Nothing contained in this
18 amendatory Act of the 95th General Assembly shall be
19 interpreted to grant rulemaking authority under any other
20 Illinois statute where such authority is not otherwise
21 explicitly given. For the purposes of this subsection, "rules"
22 is given the meaning contained in Section 1-70 of the Illinois
23 Administrative Procedure Act, and "agency" and "agency head"
24 are given the meanings contained in Sections 1-20 and 1-25 of
25 the Illinois Administrative Procedure Act to the extent that
26 such definitions apply to agencies or agency heads under the

 

 

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1 jurisdiction of the Governor.
2 (Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)
 
3     (415 ILCS 100/8 new)
4     Sec. 8. Repealer. This Act is repealed on the 31st day
5 after the effective date of this amendatory Act of the 95th
6 General Assembly.
 
7     Section 15. The Alternate Fuels Act is amended by changing
8 Section 30 as follows:
 
9     (415 ILCS 120/30)
10     Sec. 30. Rebate program. Beginning January 1, 1997, and as
11 long as funds are available, each owner of an alternate fuel
12 vehicle shall be eligible to apply for a rebate. Beginning July
13 1, 2005, each owner of a vehicle using domestic renewable fuel
14 is eligible to apply for a fuel cost differential rebate under
15 subsection (c) of this Section. The Agency shall cause rebates
16 to be issued under the provisions of this Act. An owner may
17 apply for only one of 3 types of rebates with regard to an
18 individual alternate fuel vehicle: (i) a conversion cost
19 rebate, (ii) an OEM differential cost rebate, or (iii) a fuel
20 cost differential rebate. Only one rebate may be issued with
21 regard to a particular alternate fuel vehicle during the life
22 of that vehicle. A rebate shall not exceed $4,000 per vehicle.
23 Over the life of this rebate program, an owner of an alternate

 

 

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1 fuel vehicle or a vehicle using domestic renewable fuel may not
2 receive rebates for more than 150 vehicles per location or for
3 300 vehicles in total.
4     (a) A conversion cost rebate may be issued to an owner or
5 his or her designee in order to reduce the cost of converting
6 of a conventional vehicle to an alternate fuel vehicle.
7 Conversion of a conventional vehicle to alternate fuel
8 capability must take place in Illinois for the owner to be
9 eligible for the conversion cost rebate. Amounts spent by
10 applicants within a calendar year may be claimed on a rebate
11 application submitted within 12 months after the month in which
12 the conversion of the vehicle took place during that calendar
13 year. Approved conversion cost rebates applied for during or
14 after calendar year 1997 shall be 80% of all approved
15 conversion costs claimed and documented. Approval of
16 conversion cost rebates may continue after calendar year 2002,
17 if funds are still available. An applicant may include on an
18 application submitted in 1997 all amounts spent within that
19 calendar year on the conversion, even if the expenditure
20 occurred before promulgation of the Agency rules.
21     (b) An OEM differential cost rebate may be issued to an
22 owner or his or her designee in order to reduce the cost
23 differential between a conventional vehicle or engine and the
24 same vehicle or engine, produced by an original equipment
25 manufacturer, that has the capability to use alternate fuels.
26     A new OEM vehicle or engine must be purchased in Illinois

 

 

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1 and must either be an alternate fuel vehicle or used in an
2 alternate fuel vehicle, respectively, for the owner to be
3 eligible for an OEM differential cost rebate. Large vehicles,
4 over 8,500 pounds gross vehicle weight, purchased outside
5 Illinois are eligible for an OEM differential cost rebate if
6 the same or a comparable vehicle is not available for purchase
7 in Illinois. Amounts spent by applicants within a calendar year
8 may be claimed on a rebate application submitted within 12
9 months after the month in which the new OEM vehicle or engine
10 was purchased during that calendar year.
11     Approved OEM differential cost rebates applied for during
12 or after calendar year 1997 shall be 80% of all approved cost
13 differential claimed and documented. Approval of OEM
14 differential cost rebates may continue after calendar year
15 2002, if funds are still available. An applicant may include on
16 an application submitted in 1997 all amounts spent within that
17 calendar year on OEM equipment, even if the expenditure
18 occurred before promulgation of the Agency rules.
19     (c) A fuel cost differential rebate may be issued to an
20 owner or his or her designee in order to reduce the cost
21 differential between conventional fuels and domestic renewable
22 fuels or alternate fuels purchased to operate an alternate fuel
23 vehicle . The fuel cost differential shall be based on a 3-year
24 life cycle cost analysis developed by the Agency by rulemaking.
25 The rebate shall apply to and be payable during a consecutive
26 3-year period commencing on the date the application is

 

 

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1 approved by the Agency. Approved fuel cost differential rebates
2 may be applied for during or after calendar year 1997 and
3 approved rebates shall be 80% of the cost differential for a
4 consecutive 3-year period. Approval of fuel cost differential
5 rebates may continue after calendar year 2002 if funds are
6 still available.
7     Twenty-five percent of the amount that is appropriated
8 under Section 40 to be used to fund programs authorized by this
9 Section during calendar year 2001 shall be designated to fund
10 fuel cost differential rebates. If the total dollar amount of
11 approved fuel cost differential rebate applications as of July
12 1, 2001 is less than the amount designated for that calendar
13 year, the balance of designated funds shall be immediately
14 available to fund any rebate authorized by this Section and
15 approved in the calendar year.
16     An approved fuel cost differential rebate shall be paid to
17 an owner in 3 annual installments on or about the anniversary
18 date of the approval of the application. Owners receiving a
19 fuel cost differential rebate shall be required to demonstrate,
20 through recordkeeping, the use of domestic renewable fuels
21 during the 3-year period commencing on the date the application
22 is approved by the Agency. If the vehicle ceases to be
23 registered to the original applicant owner, a prorated
24 installment shall be paid to that owner or the owner's designee
25 and the remainder of the rebate shall be canceled.
26     (d) Vehicles owned by the federal government or vehicles

 

 

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1 registered in a state outside Illinois are not eligible for
2 rebates.
3     (e) Notwithstanding any other rulemaking authority that
4 may exist, neither the Governor nor any agency or agency head
5 under the jurisdiction of the Governor has any authority to
6 make or promulgate rules to implement or enforce the provisions
7 of this amendatory Act of the 95th General Assembly. If,
8 however, the Governor believes that rules are necessary to
9 implement or enforce the provisions of this amendatory Act of
10 the 95th General Assembly, the Governor may suggest rules to
11 the General Assembly by filing them with the Clerk of the House
12 and the Secretary of the Senate and by requesting that the
13 General Assembly authorize such rulemaking by law, enact those
14 suggested rules into law, or take any other appropriate action
15 in the General Assembly's discretion. Nothing contained in this
16 amendatory Act of the 95th General Assembly shall be
17 interpreted to grant rulemaking authority under any other
18 Illinois statute where such authority is not otherwise
19 explicitly given. For the purposes of this subsection, "rules"
20 is given the meaning contained in Section 1-70 of the Illinois
21 Administrative Procedure Act, and "agency" and "agency head"
22 are given the meanings contained in Sections 1-20 and 1-25 of
23 the Illinois Administrative Procedure Act to the extent that
24 such definitions apply to agencies or agency heads under the
25 jurisdiction of the Governor.
26 (Source: P.A. 94-62, eff. 6-20-05; 94-1079, eff. 6-1-07.)
 

 

 

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1     (225 ILCS 220/Act rep.)
2     Section 20. The Hazardous Waste Crane and Hoisting
3 Equipment Operators Licensing Act is repealed.
 
4     (225 ILCS 221/Act rep.)
5     Section 25. The Hazardous Waste Laborers Licensing Act is
6 repealed.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.