Full Text of SB3531 100th General Assembly
SB3531enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 5-15, 5-20, 5-300, 5-310, 5-315, | 6 | | 5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360, | 7 | | 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415, and | 8 | | 5-420 as follows:
| 9 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 10 | | Sec. 5-15. Departments of State government. The | 11 | | Departments of
State government are created as follows:
| 12 | | The Department on Aging.
| 13 | | The Department of Agriculture.
| 14 | | The Department of Central Management Services.
| 15 | | The Department of Children and Family Services.
| 16 | | The Department of Commerce and Economic Opportunity.
| 17 | | The Department of Corrections.
| 18 | | The Department of Employment Security.
| 19 | | The Illinois Emergency Management Agency.
| 20 | | The Department of Financial and Professional Regulation.
| 21 | | The Department of Healthcare and Family Services.
| 22 | | The Department of Human Rights.
| 23 | | The Department of Human Services.
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| 1 | | The Department of Innovation and Technology. | 2 | | The Department of Insurance. | 3 | | The Department of Juvenile Justice.
| 4 | | The Department of Labor.
| 5 | | The Department of the Lottery.
| 6 | | The Department of Natural Resources.
| 7 | | The Department of Public Health.
| 8 | | The Department of Revenue.
| 9 | | The Department of State Police.
| 10 | | The Department of Transportation.
| 11 | | The Department of Veterans' Affairs.
| 12 | | (Source: P.A. 100-611, eff. 7-20-18.)
| 13 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 14 | | Sec. 5-20. Heads of departments. Each department shall have | 15 | | an
officer as its head who shall
be known as director or | 16 | | secretary and who shall, subject to the
provisions of the Civil | 17 | | Administrative Code of Illinois,
execute the powers and | 18 | | discharge the duties
vested by law in his or her respective | 19 | | department.
| 20 | | The following officers are hereby created:
| 21 | | Director of Aging, for the Department on Aging.
| 22 | | Director of Agriculture, for the Department of | 23 | | Agriculture.
| 24 | | Director of Central Management Services, for the | 25 | | Department of Central
Management Services.
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| 1 | | Director of Children and Family Services, for the | 2 | | Department of Children and
Family Services.
| 3 | | Director of Commerce and Economic Opportunity, for
the | 4 | | Department of Commerce
and Economic Opportunity.
| 5 | | Director of Corrections, for the Department of | 6 | | Corrections.
| 7 | | Director of the Illinois Emergency Management Agency, for | 8 | | the Illinois Emergency Management Agency.
| 9 | | Director of Employment Security, for the Department of | 10 | | Employment Security.
| 11 | | Secretary of Financial and Professional Regulation, for | 12 | | the Department of Financial and Professional Regulation.
| 13 | | Director of Healthcare and Family Services, for the | 14 | | Department of Healthcare and Family Services.
| 15 | | Director of Human Rights, for the Department of Human | 16 | | Rights.
| 17 | | Secretary of Human Services, for the Department of Human | 18 | | Services.
| 19 | | Secretary of Innovation and Technology, for the Department | 20 | | of Innovation and Technology. | 21 | | Director of Insurance, for the Department of Insurance. | 22 | | Director of Juvenile Justice, for the Department of | 23 | | Juvenile Justice.
| 24 | | Director of Labor, for the Department of Labor.
| 25 | | Director of the Lottery, for the Department of the Lottery. | 26 | | Director of Natural Resources, for the Department of |
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| 1 | | Natural Resources.
| 2 | | Director of Public Health, for the Department of Public | 3 | | Health.
| 4 | | Director of Revenue, for the Department of Revenue.
| 5 | | Director of State Police, for the Department of State | 6 | | Police.
| 7 | | Secretary of Transportation, for the Department of | 8 | | Transportation.
| 9 | | Director of Veterans' Affairs, for the Department of | 10 | | Veterans' Affairs.
| 11 | | (Source: P.A. 100-611, eff. 7-20-18.)
| 12 | | (20 ILCS 5/5-300) (was 20 ILCS 5/9)
| 13 | | Sec. 5-300. Officers' qualifications and salaries. The | 14 | | executive
and administrative officers, whose offices are | 15 | | created by this Act,
must have the qualifications prescribed by | 16 | | law and shall receive annual
salaries, payable in equal monthly | 17 | | installments, as designated in the
Sections following this | 18 | | Section and preceding Section 5-500.
If set by the Governor, | 19 | | those annual salaries may not exceed 85% of the
Governor's | 20 | | annual salary. Notwithstanding any other provision of law, for | 21 | | terms beginning after the effective date of this amendatory Act | 22 | | of the 100th General Assembly, the annual salary of the | 23 | | director or secretary and assistant director or assistant | 24 | | secretary of each department created under Section 5-15 shall | 25 | | be an amount equal to 15% more than the annual salary of the |
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| 1 | | respective officer in effect as of December 31, 2018. The | 2 | | calculation of the 2018 salary base for this adjustment shall | 3 | | not include any cost of living adjustments, as authorized by | 4 | | Senate Joint Resolution 192 of the 86th General Assembly, for | 5 | | the period beginning July 1, 2009 to June 30, 2019. Beginning | 6 | | July 1, 2019 and each July 1 thereafter, the directors, | 7 | | secretaries, assistant directors, and assistant secretaries | 8 | | shall receive an increase in salary based on a cost of living | 9 | | adjustment as authorized by Senate Joint Resolution 192 of the | 10 | | 86th General Assembly.
| 11 | | (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | 12 | | eff.
6-28-01.)
| 13 | | (20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
| 14 | | Sec. 5-310. In the Department on Aging. For terms ending | 15 | | before December 31, 2019, the The Director of Aging shall | 16 | | receive
an annual salary as set by the
Compensation Review | 17 | | Board.
| 18 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 19 | | (20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
| 20 | | Sec. 5-315. In the Department of Agriculture. For terms | 21 | | ending before December 31, 2019, the The Director of | 22 | | Agriculture
shall receive an annual salary as set by the | 23 | | Compensation Review Board.
| 24 | | For terms ending before December 31, 2019, the The |
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| 1 | | Assistant Director of Agriculture shall receive
an annual | 2 | | salary as set by the Compensation Review Board.
| 3 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 4 | | (20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
| 5 | | Sec. 5-320. In the Department of Central Management | 6 | | Services. For terms ending before December 31, 2019, the The | 7 | | Director of Central Management Services shall receive an annual | 8 | | salary as
set by the Compensation
Review Board.
| 9 | | For terms ending before December 31, 2019, each Each | 10 | | Assistant Director of Central Management Services shall | 11 | | receive an
annual salary as set by
the Compensation Review | 12 | | Board.
| 13 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 14 | | (20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
| 15 | | Sec. 5-325. In the Department of Children and Family | 16 | | Services. For terms ending before December 31, 2019, the The | 17 | | Director of Children and Family Services shall receive an | 18 | | annual salary
as set by the Compensation Review
Board.
| 19 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 20 | | (20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
| 21 | | Sec. 5-330. In the Department of Commerce and Economic | 22 | | Opportunity. For terms ending before December 31, 2019, the The
| 23 | | Director of Commerce and Economic Opportunity shall receive an |
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| 1 | | annual salary as set by the Compensation Review
Board.
| 2 | | For terms ending before December 31, 2019, the The | 3 | | Assistant Director of Commerce and Economic Opportunity shall | 4 | | receive
an annual salary as set by the
Compensation Review | 5 | | Board.
| 6 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 7 | | (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
| 8 | | Sec. 5-335. In the Department of Corrections. For terms | 9 | | ending before December 31, 2019, the The Director of | 10 | | Corrections
shall receive an annual salary as set by the | 11 | | Compensation Review Board.
| 12 | | For terms ending before December 31, 2019, the The | 13 | | Assistant Director of Corrections shall receive
an annual | 14 | | salary as set by the
Compensation Review Board for the | 15 | | Assistant Director of Corrections-Adult Division.
| 16 | | (Source: P.A. 96-800, eff. 10-30-09; 97-1083, eff. 8-24-12.)
| 17 | | (20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
| 18 | | Sec. 5-340. In the Department of Employment Security. For | 19 | | terms ending before December 31, 2019, the The Director of
| 20 | | Employment Security shall receive an annual salary as set by | 21 | | the Compensation Review Board.
| 22 | | Each member of the Board of Review shall receive $15,000.
| 23 | | (Source: P.A. 96-800, eff. 10-30-09.)
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| 1 | | (20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
| 2 | | Sec. 5-345. In the Department of Financial and Professional | 3 | | Regulation Institutions . For terms ending before December 31, | 4 | | 2019, the Secretary of Financial and Professional Regulation | 5 | | The Director of
Financial Institutions shall receive an annual | 6 | | salary as set by the Compensation Review Board.
| 7 | | For terms ending before December 31, 2019, the Director of | 8 | | Financial Institutions, the Director of Professional | 9 | | Regulation, the Director of Banking, and the Director of Real | 10 | | Estate The Assistant Director of Financial Institutions shall | 11 | | receive
an annual salary as set by the Compensation Review | 12 | | Board.
| 13 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 14 | | (20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
| 15 | | Sec. 5-350. In the Department of Human Rights. For terms | 16 | | ending before December 31, 2019, the The Director of Human | 17 | | Rights
shall receive an annual salary as
set by the | 18 | | Compensation Review Board.
| 19 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 20 | | (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
| 21 | | Sec. 5-355. In the Department of Human Services. For terms | 22 | | ending before December 31, 2019, the The Secretary of Human
| 23 | | Services shall receive an annual salary as set by the | 24 | | Compensation
Review Board.
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| 1 | | For terms ending before December 31, 2019, the The | 2 | | Assistant Secretaries of Human Services shall each receive an | 3 | | annual
salary as set by the Compensation Review Board.
| 4 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 5 | | (20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
| 6 | | Sec. 5-360. In the Department of Insurance. For terms | 7 | | ending before December 31, 2019, the The Director of Insurance
| 8 | | shall receive an annual salary as set by the Compensation | 9 | | Review Board.
| 10 | | For terms ending before December 31, 2019, the The | 11 | | Assistant Director of Insurance shall receive
an annual salary | 12 | | as set by the Compensation Review Board.
| 13 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 14 | | (20 ILCS 5/5-362)
| 15 | | Sec. 5-362. In the Department of Juvenile Justice. For | 16 | | terms ending before December 31, 2019, the The Director of | 17 | | Juvenile Justice shall receive an annual salary as set by the | 18 | | Compensation Review Board.
| 19 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 20 | | (20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
| 21 | | Sec. 5-365. In the Department of Labor. For terms ending | 22 | | before December 31, 2019, the The Director of Labor shall
| 23 | | receive an annual salary as set by the Compensation Review |
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| 1 | | Board.
| 2 | | For terms ending before December 31, 2019, the The | 3 | | Assistant Director of Labor shall receive
an annual salary as | 4 | | set by the Compensation Review Board.
| 5 | | The Chief Safety Inspector shall receive $24,700 from the | 6 | | third Monday
in January, 1979 to the third Monday in January, | 7 | | 1980, and $25,000
thereafter, or as set by the Compensation | 8 | | Review Board, whichever is greater.
| 9 | | The Superintendent of Occupational Safety and Health shall | 10 | | receive
$27,500, or as set by the Compensation Review Board, | 11 | | whichever is greater.
| 12 | | The Superintendent of Women's and Children's Employment | 13 | | shall receive
$22,000 from the third Monday in January, 1979 to | 14 | | the third Monday in January,
1980, and $22,500 thereafter, or | 15 | | as set by the
Compensation Review Board, whichever is greater.
| 16 | | (Source: P.A. 98-874, eff. 1-1-15 .)
| 17 | | (20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
| 18 | | Sec. 5-375. In the Department of Natural Resources. For | 19 | | terms ending before December 31, 2019 The Director of Natural | 20 | | Resources shall continue to receive the annual
salary set by | 21 | | law for the Director of Conservation until January 20, 1997.
| 22 | | Beginning on that date , the Director of Natural Resources shall | 23 | | receive an
annual salary as set by
the Compensation Review | 24 | | Board.
| 25 | | For terms ending before December 31, 2019 The Assistant |
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| 1 | | Director of Natural Resources shall continue to receive the
| 2 | | annual salary set by law for the Assistant Director of | 3 | | Conservation until
January 20, 1997. Beginning on that date , | 4 | | the Assistant Director of Natural
Resources shall receive an | 5 | | annual salary as set by the Compensation Review Board.
| 6 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 7 | | (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
| 8 | | Sec. 5-395. In the Department of Healthcare and Family | 9 | | Services. For terms ending before December 31, 2019, the The | 10 | | Director of Healthcare and Family Services
shall receive an | 11 | | annual salary as set by the Compensation Review Board.
| 12 | | For terms ending before December 31, 2019, the The | 13 | | Assistant Director of Healthcare and Family Services shall | 14 | | receive
an annual salary as set by the Compensation Review | 15 | | Board.
| 16 | | (Source: P.A. 95-331, eff. 8-21-07; 96-800, eff. 10-30-09.)
| 17 | | (20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
| 18 | | Sec. 5-400. In the Department of Public Health. For terms | 19 | | ending before December 31, 2019, the The Director of Public | 20 | | Health shall receive
an annual salary as set by the | 21 | | Compensation Review Board.
| 22 | | For terms ending before December 31, 2019, the The | 23 | | Assistant Director of Public Health shall receive
an annual | 24 | | salary as set by the Compensation Review Board.
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| 1 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 2 | | (20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
| 3 | | Sec. 5-405. In the Department of Revenue. For terms ending | 4 | | before December 31, 2019, the The Director of Revenue
shall | 5 | | receive an annual salary as set by the Compensation Review | 6 | | Board.
| 7 | | For terms ending before December 31, 2019, the The | 8 | | Assistant Director of Revenue shall receive an annual salary as | 9 | | set by the Compensation Review Board.
| 10 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 11 | | (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
| 12 | | Sec. 5-410. In the Department of State Police. For terms | 13 | | ending before December 31, 2019, the The Director of State
| 14 | | Police shall receive an annual salary as set by the | 15 | | Compensation Review Board.
| 16 | | For terms ending before December 31, 2019, the The | 17 | | Assistant Director of State Police shall receive
an annual | 18 | | salary as set by the Compensation Review Board.
| 19 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 20 | | (20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
| 21 | | Sec. 5-415. In the Department of Transportation. For terms | 22 | | ending before December 31, 2019, the The Secretary of
| 23 | | Transportation shall receive an annual salary as set by the |
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| 1 | | Compensation Review Board.
| 2 | | For terms ending before December 31, 2019, the The | 3 | | Assistant Secretary of Transportation shall receive
an annual | 4 | | salary as set by the Compensation Review Board.
| 5 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 6 | | (20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
| 7 | | Sec. 5-420. In the Department of Veterans' Affairs. For | 8 | | terms ending before December 31, 2019, the The Director of
| 9 | | Veterans' Affairs shall receive an annual salary as set by the | 10 | | Compensation Review Board.
| 11 | | For terms ending before December 31, 2019, the The | 12 | | Assistant Director of Veterans' Affairs shall receive
an annual | 13 | | salary as set by the Compensation Review Board.
| 14 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 15 | | (20 ILCS 5/5-385 rep.) | 16 | | (20 ILCS 5/5-390 rep.) | 17 | | Section 7. The Civil Administrative Code of Illinois is | 18 | | amended by repealing Sections 5-385 and 5-390. | 19 | | Section 10. The Illinois Lottery Law is amended by changing | 20 | | Section 5 as follows:
| 21 | | (20 ILCS 1605/5) (from Ch. 120, par. 1155)
| 22 | | Sec. 5. (a) The Department shall be under
the supervision |
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| 1 | | and direction
of a Director, who
shall be a person qualified by
| 2 | | training and experience to perform the duties required by this | 3 | | Act. The
Director shall be appointed by the Governor, by and | 4 | | with the advice
and consent of the Senate. The term of office | 5 | | of the Director shall
expire on the third Monday of January in | 6 | | odd numbered years provided that
he or she shall hold office | 7 | | until a successor is appointed and qualified. For terms ending | 8 | | before December 31, 2019, the The annual salary of the Director | 9 | | is $142,000. For terms beginning after the effective date of | 10 | | this amendatory Act of the 100th General Assembly, the annual | 11 | | salary of the Director shall be as provided in Section 5-300 of | 12 | | the Civil Administrative Code of Illinois.
| 13 | | Any vacancy occurring in the office of the Director shall | 14 | | be
filled in the same manner as the original appointment. In | 15 | | case of a vacancy during the recess of the Senate, the Governor | 16 | | shall make a temporary appointment until the next meeting of | 17 | | the Senate, when the Governor shall nominate some person to | 18 | | fill the office, and any person so nominated who is confirmed | 19 | | by the Senate shall hold office during the remainder of the | 20 | | term and until his or her successor is appointed and qualified.
| 21 | | During the absence or inability to act of the Director, or | 22 | | in the case of a vacancy in the office of Director until a | 23 | | successor is appointed and qualified, the Governor may | 24 | | designate some person as Acting Director of the Lottery to | 25 | | execute the powers and discharge the duties vested by law in | 26 | | that office. A person who is designated as an Acting Director |
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| 1 | | shall not continue in office for more than 60 calendar days | 2 | | unless the Governor files a message with the Secretary of the | 3 | | Senate nominating that person to fill the office. After 60 | 4 | | calendar days, the office is considered vacant and shall be | 5 | | filled only under this Section. No person who has been | 6 | | appointed by the Governor to serve as Acting Director shall, | 7 | | except at the Senate's request, be designated again as an | 8 | | Acting Director at the same session of that Senate, subject to | 9 | | the provisions of this Section. A person appointed as an Acting | 10 | | Director is not required to meet the requirements of paragraph | 11 | | (1) of subsection (b) of this Section. In no case may the | 12 | | Governor designate a person to serve as Acting Director if that | 13 | | person has prior to the effective date of this amendatory Act | 14 | | of the 97th General Assembly exercised any of the duties and | 15 | | functions of the office of Director without having been | 16 | | nominated by the Governor to serve as Director. | 17 | | (b) The Director shall devote his or her entire time and | 18 | | attention to the
duties of the office and shall not be engaged | 19 | | in any other profession or
occupation.
| 20 | | The Director shall: | 21 | | (1) be qualified by training and experience to direct a | 22 | | lottery, including, at a minimum, 5 years of senior | 23 | | executive-level experience in the successful advertising, | 24 | | marketing, and selling of consumer products, 4 years of | 25 | | successful experience directing a lottery on behalf of a | 26 | | governmental entity, or 5 years of successful senior-level |
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| 1 | | management experience at a lottery on behalf of a | 2 | | governmental entity; | 3 | | (2) have significant and meaningful management and | 4 | | regulatory experience; and | 5 | | (3) have a good reputation, particularly as a person of | 6 | | honesty, independence, and integrity. | 7 | | The Director shall not during his or her term of | 8 | | appointment: become a candidate for any elective office; hold | 9 | | any other elected or appointed public office; be actively | 10 | | involved in the affairs of any political party or political | 11 | | organization; advocate for the appointment of another person to | 12 | | an appointed or elected office or position; or actively | 13 | | participate in any campaign for any elective office. The | 14 | | Director may be appointed to serve on a governmental advisory | 15 | | or board study commission or as otherwise expressly authorized | 16 | | by law. | 17 | | (c) No person shall perform the duties and functions of the | 18 | | Director, or otherwise exercise the authority of the Director, | 19 | | unless the same shall have been appointed by the Governor | 20 | | pursuant to this Section. | 21 | | (Source: P.A. 97-464, eff. 8-19-11; 98-499, eff. 8-16-13.)
| 22 | | Section 15. The Military Code of Illinois is amended by | 23 | | changing Section 17 as follows:
| 24 | | (20 ILCS 1805/17) (from Ch. 129, par. 220.17)
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| 1 | | Sec. 17.
The Adjutant General and the Assistant Adjutants | 2 | | General
shall give their entire time to their military duties. | 3 | | For terms ending before December 31, 2019, the The Adjutant | 4 | | General
shall receive an annual salary as
set by the | 5 | | Compensation Review Board, and each Assistant
Adjutant General | 6 | | shall receive an annual salary as set by the Compensation | 7 | | Review Board.
For terms beginning after the effective date of | 8 | | this amendatory Act of the 100th General Assembly, the annual | 9 | | salaries for the Adjutant General and the Assistant Adjutants | 10 | | General shall be an amount equal to 15% more than the | 11 | | respective officer's annual salary as of December 31, 2018. The | 12 | | calculation of the 2018 salary base for this adjustment shall | 13 | | not include any cost of living adjustments, as authorized by | 14 | | Senate Joint Resolution 192 of the 86th General Assembly, for | 15 | | the period beginning July 1, 2009 to June 30, 2019. Beginning | 16 | | July 1, 2019 and each July 1 thereafter, the Adjutant General | 17 | | and the Assistant Adjutants General shall receive an increase | 18 | | in salary based on a cost of living adjustment as authorized by | 19 | | Senate Joint Resolution 192 of the 86th General Assembly.
| 20 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 21 | | Section 20. The State Fire Marshal Act is amended by | 22 | | changing Section 1 as follows:
| 23 | | (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
| 24 | | Sec. 1. There is hereby created the Office of the State |
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| 1 | | Fire
Marshal, hereinafter referred to as the Office.
| 2 | | The Office shall be under an executive director who shall | 3 | | be
appointed by the Governor with the advice and consent of the | 4 | | Senate.
| 5 | | The executive director of the Office shall be known as the | 6 | | State Fire
Marshal . For terms ending before December 31, 2019, | 7 | | the State Fire Marshal and shall receive an annual salary as | 8 | | set by
the
Compensation Review Board.
For terms beginning after | 9 | | the effective date of this amendatory Act of the 100th General | 10 | | Assembly, the State Fire Marshal's annual salary shall be an | 11 | | amount equal to 15% more than the State Fire Marshal's annual | 12 | | salary as of December 31, 2018. The calculation of the 2018 | 13 | | salary base for this adjustment shall not include any cost of | 14 | | living adjustments, as authorized by Senate Joint Resolution | 15 | | 192 of the 86th General Assembly, for the period beginning July | 16 | | 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each July | 17 | | 1 thereafter, the State Fire Marshal shall receive an increase | 18 | | in salary based on a cost of living adjustment as authorized by | 19 | | Senate Joint Resolution 192 of the 86th General Assembly.
| 20 | | The Office of the State Fire Marshal shall have a division | 21 | | that shall assume the duties of the Division of Fire
| 22 | | Prevention, Department of Law Enforcement, and a division that | 23 | | shall assume the duties of Illinois Fire
Protection Personnel | 24 | | Standards and Education Commission. Each division
shall be | 25 | | headed by a division manager who shall be employed by the Fire | 26 | | Marshal, subject to the Personnel
Code, and shall be |
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| 1 | | responsible to the Fire Marshal.
| 2 | | (Source: P.A. 96-800, eff. 10-30-09.)
| 3 | | Section 25. The Illinois Emergency Management Agency Act is | 4 | | amended by changing Section 5 as follows:
| 5 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 6 | | Sec. 5. Illinois Emergency Management Agency.
| 7 | | (a) There is created within the executive branch of the | 8 | | State Government an
Illinois Emergency Management Agency and a | 9 | | Director of the Illinois Emergency
Management Agency, herein | 10 | | called the "Director" who shall be the head thereof.
The | 11 | | Director shall be appointed by the Governor, with the advice | 12 | | and consent of
the Senate, and shall serve for a term of 2 | 13 | | years beginning on the third Monday
in January of the | 14 | | odd-numbered year, and until a successor is appointed and
has | 15 | | qualified; except that the term of the first Director appointed | 16 | | under this
Act shall expire on the third Monday in January, | 17 | | 1989. The Director shall not
hold any other remunerative public | 18 | | office. For terms ending before December 31, 2019, the The | 19 | | Director shall receive an annual
salary as set by the
| 20 | | Compensation Review Board. For terms beginning after the | 21 | | effective date of this amendatory Act of the 100th General | 22 | | Assembly, the annual salary of the Director shall be as | 23 | | provided in Section 5-300 of the Civil Administrative Code of | 24 | | Illinois.
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| 1 | | (b) The Illinois Emergency Management Agency shall obtain, | 2 | | under the
provisions of the Personnel Code, technical, | 3 | | clerical, stenographic and other
administrative personnel, and | 4 | | may make expenditures within the appropriation
therefor as may | 5 | | be necessary to carry out the purpose of this Act. The agency
| 6 | | created by this Act is intended to be a successor to the agency | 7 | | created under
the Illinois Emergency Services and Disaster | 8 | | Agency Act of 1975 and the
personnel, equipment, records, and | 9 | | appropriations of that agency are
transferred to the successor | 10 | | agency as of June 30, 1988 (the effective date of this Act).
| 11 | | (c) The Director, subject to the direction and control of | 12 | | the Governor,
shall be the executive head of the Illinois | 13 | | Emergency Management Agency and
the State Emergency Response | 14 | | Commission and shall be responsible under the
direction of the | 15 | | Governor, for carrying out the program for emergency
management | 16 | | of this State. The Director shall also maintain liaison
and | 17 | | cooperate with
the emergency management organizations of this | 18 | | State and other states and of
the federal government.
| 19 | | (d) The Illinois Emergency Management Agency shall take an | 20 | | integral part in
the development and revision of political | 21 | | subdivision emergency operations
plans prepared under | 22 | | paragraph (f) of Section 10. To this end it shall employ
or | 23 | | otherwise secure the services of professional and technical | 24 | | personnel
capable of providing expert assistance to the | 25 | | emergency services and disaster
agencies. These personnel | 26 | | shall consult with emergency services and disaster
agencies on |
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| 1 | | a regular basis and shall make field examinations of the areas,
| 2 | | circumstances, and conditions that particular political | 3 | | subdivision emergency
operations plans are intended to apply.
| 4 | | (e) The Illinois Emergency Management Agency and political | 5 | | subdivisions
shall be encouraged to form an emergency | 6 | | management advisory committee composed
of private and public | 7 | | personnel representing the emergency management phases of
| 8 | | mitigation, preparedness, response, and recovery.
The Local | 9 | | Emergency Planning Committee, as created under the Illinois
| 10 | | Emergency
Planning and Community Right to Know Act, shall serve | 11 | | as
an advisory
committee to the emergency services and disaster | 12 | | agency or agencies serving
within the boundaries
of that Local | 13 | | Emergency Planning Committee planning district for:
| 14 | | (1) the development of emergency operations plan | 15 | | provisions for hazardous
chemical
emergencies; and
| 16 | | (2) the assessment of emergency response capabilities | 17 | | related to hazardous
chemical
emergencies.
| 18 | | (f) The Illinois Emergency Management Agency shall:
| 19 | | (1) Coordinate the overall emergency management | 20 | | program of the State.
| 21 | | (2) Cooperate with local governments, the federal | 22 | | government and any
public or private agency or entity in | 23 | | achieving any purpose of this Act and
in implementing | 24 | | emergency management programs for mitigation, | 25 | | preparedness,
response, and recovery.
| 26 | | (2.5) Develop a comprehensive emergency preparedness |
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| 1 | | and response plan for any nuclear
accident in accordance | 2 | | with Section 65 of the Department of Nuclear Safety
Law of | 3 | | 2004 (20 ILCS 3310) and in development of the
Illinois
| 4 | | Nuclear Safety Preparedness program in accordance with | 5 | | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| 6 | | (2.6) Coordinate with the Department of Public Health
| 7 | | with respect to planning for and responding to public | 8 | | health emergencies.
| 9 | | (3) Prepare, for issuance by the Governor, executive | 10 | | orders,
proclamations, and regulations as necessary or | 11 | | appropriate in coping with
disasters.
| 12 | | (4) Promulgate rules and requirements for political | 13 | | subdivision
emergency operations plans that are not | 14 | | inconsistent with and are at least
as stringent as | 15 | | applicable federal laws and regulations.
| 16 | | (5) Review and approve, in accordance with Illinois | 17 | | Emergency Management
Agency rules, emergency operations
| 18 | | plans for those political subdivisions required to have an | 19 | | emergency services
and disaster agency pursuant to this | 20 | | Act.
| 21 | | (5.5) Promulgate rules and requirements for the | 22 | | political subdivision
emergency management
exercises, | 23 | | including, but not limited to, exercises of the emergency | 24 | | operations
plans.
| 25 | | (5.10) Review, evaluate, and approve, in accordance | 26 | | with Illinois
Emergency
Management
Agency rules, political |
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| 1 | | subdivision emergency management exercises for those
| 2 | | political subdivisions
required to have an emergency | 3 | | services and disaster agency pursuant to this
Act.
| 4 | | (6) Determine requirements of the State and its | 5 | | political
subdivisions
for food, clothing, and other | 6 | | necessities in event of a disaster.
| 7 | | (7) Establish a register of persons with types of | 8 | | emergency
management
training and skills in mitigation, | 9 | | preparedness, response, and recovery.
| 10 | | (8) Establish a register of government and private | 11 | | response
resources
available for use in a disaster.
| 12 | | (9) Expand the Earthquake Awareness Program and its | 13 | | efforts to
distribute earthquake preparedness materials to | 14 | | schools, political
subdivisions, community groups, civic | 15 | | organizations, and the media.
Emphasis will be placed on | 16 | | those areas of the State most at risk from an
earthquake. | 17 | | Maintain the list of all school districts, hospitals,
| 18 | | airports, power plants, including nuclear power plants, | 19 | | lakes, dams,
emergency response facilities of all types, | 20 | | and all other major public or
private structures which are | 21 | | at the greatest risk of damage from
earthquakes under | 22 | | circumstances where the damage would cause subsequent
harm | 23 | | to the surrounding communities and residents.
| 24 | | (10) Disseminate all information, completely and | 25 | | without
delay, on water
levels for rivers and streams and | 26 | | any other data pertaining to potential
flooding supplied by |
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| 1 | | the Division of Water Resources within the Department of
| 2 | | Natural Resources to all political subdivisions to the | 3 | | maximum extent possible.
| 4 | | (11) Develop agreements, if feasible, with medical | 5 | | supply and
equipment
firms to
supply resources as are | 6 | | necessary to respond to an earthquake or any other
disaster | 7 | | as defined in this Act. These resources will be made | 8 | | available
upon notifying the vendor of the disaster. | 9 | | Payment for the resources will
be in accordance with | 10 | | Section 7 of this Act. The Illinois Department of
Public | 11 | | Health shall determine which resources will be required and | 12 | | requested.
| 13 | | (11.5) In coordination with the Department of State | 14 | | Police, develop and
implement a community outreach program | 15 | | to promote awareness among the State's
parents and children | 16 | | of child abduction prevention and response.
| 17 | | (12) Out of funds appropriated for these purposes, | 18 | | award capital and
non-capital grants to Illinois hospitals | 19 | | or health care facilities located
outside of a city with a | 20 | | population in excess of 1,000,000 to be used for
purposes | 21 | | that include, but are not limited to, preparing to respond | 22 | | to mass
casualties and disasters, maintaining and | 23 | | improving patient safety and
quality of care, and | 24 | | protecting the confidentiality of patient information.
No | 25 | | single grant for a capital expenditure shall exceed | 26 | | $300,000.
No single grant for a non-capital expenditure |
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| 1 | | shall exceed $100,000.
In awarding such grants, preference | 2 | | shall be given to hospitals that serve
a significant number | 3 | | of Medicaid recipients, but do not qualify for
| 4 | | disproportionate share hospital adjustment payments under | 5 | | the Illinois Public
Aid Code. To receive such a grant, a | 6 | | hospital or health care facility must
provide funding of at | 7 | | least 50% of the cost of the project for which the grant
is | 8 | | being requested.
In awarding such grants the Illinois | 9 | | Emergency Management Agency shall consider
the | 10 | | recommendations of the Illinois Hospital Association.
| 11 | | (13) Do all other things necessary, incidental or | 12 | | appropriate
for the implementation of this Act.
| 13 | | (g) The Illinois Emergency Management Agency is authorized | 14 | | to make grants to various higher education institutions, public | 15 | | K-12 school districts, area vocational centers as designated by | 16 | | the State Board of Education, inter-district special education | 17 | | cooperatives, regional safe schools, and nonpublic K-12 | 18 | | schools for safety and security improvements. For the purpose | 19 | | of this subsection (g), "higher education institution" means a | 20 | | public university, a public community college, or an | 21 | | independent, not-for-profit or for-profit higher education | 22 | | institution located in this State. Grants made under this | 23 | | subsection (g) shall be paid out of moneys appropriated for | 24 | | that purpose from the Build Illinois Bond Fund. The Illinois | 25 | | Emergency Management Agency shall adopt rules to implement this | 26 | | subsection (g). These rules may specify: (i) the manner of |
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| 1 | | applying for grants; (ii) project eligibility requirements; | 2 | | (iii) restrictions on the use of grant moneys; (iv) the manner | 3 | | in which the various higher education institutions must account | 4 | | for the use of grant moneys; and (v) any other provision that | 5 | | the Illinois Emergency Management Agency determines to be | 6 | | necessary or useful for the administration of this subsection | 7 | | (g). | 8 | | (g-5) The Illinois Emergency Management Agency is | 9 | | authorized to make grants to not-for-profit organizations | 10 | | which are exempt from federal income taxation under section | 11 | | 501(c)(3) of the Federal Internal Revenue Code for eligible | 12 | | security improvements that assist the organization in | 13 | | preventing, preparing for, or responding to acts of terrorism. | 14 | | The Director shall establish procedures and forms by which | 15 | | applicants may apply for a grant and procedures for | 16 | | distributing grants to recipients. The procedures shall | 17 | | require each applicant to do the following: | 18 | | (1) identify and substantiate prior threats or attacks | 19 | | by a terrorist organization, network, or cell against the | 20 | | not-for-profit organization; | 21 | | (2) indicate the symbolic or strategic value of one or | 22 | | more sites that renders the site a possible target of | 23 | | terrorism; | 24 | | (3) discuss potential consequences to the organization | 25 | | if the site is damaged, destroyed, or disrupted by a | 26 | | terrorist act; |
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| 1 | | (4) describe how the grant will be used to integrate | 2 | | organizational preparedness with broader State and local | 3 | | preparedness efforts; | 4 | | (5) submit a vulnerability assessment conducted by | 5 | | experienced security, law enforcement, or military | 6 | | personnel, and a description of how the grant award will be | 7 | | used to address the vulnerabilities identified in the | 8 | | assessment; and | 9 | | (6) submit any other relevant information as may be | 10 | | required by the Director. | 11 | | The Agency is authorized to use funds appropriated for the | 12 | | grant program described in this subsection (g-5) to administer | 13 | | the program. | 14 | | (h) Except as provided in Section 17.5 of this Act, any | 15 | | moneys received by the Agency from donations or sponsorships | 16 | | shall be deposited in the Emergency Planning and Training Fund | 17 | | and used by the Agency, subject to appropriation, to effectuate | 18 | | planning and training activities. | 19 | | (i) The Illinois Emergency Management Agency may by rule | 20 | | assess and collect reasonable fees for attendance at | 21 | | Agency-sponsored conferences to enable the Agency to carry out | 22 | | the requirements of this Act. Any moneys received under this | 23 | | subsection shall be deposited in the Emergency Planning and | 24 | | Training Fund and used by the Agency, subject to appropriation, | 25 | | for planning and training activities. | 26 | | (j) The Illinois Emergency Management Agency is authorized |
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| 1 | | to make grants to other State agencies, public universities, | 2 | | units of local government, and statewide mutual aid | 3 | | organizations to enhance statewide emergency preparedness and | 4 | | response. | 5 | | (Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17; | 6 | | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; revised | 7 | | 10-22-18.)
| 8 | | Section 30. The Illinois Power Agency Act is amended by | 9 | | changing Section 1-70 as follows: | 10 | | (20 ILCS 3855/1-70)
| 11 | | Sec. 1-70. Agency officials. | 12 | | (a) The Agency shall have a Director who meets the | 13 | | qualifications specified in Section 5-222 of the Civil | 14 | | Administrative Code of Illinois (20 ILCS 5/5-222) . | 15 | | (b) Within the Illinois Power Agency, the Agency shall | 16 | | establish a Planning and Procurement Bureau and may establish a | 17 | | Resource Development Bureau. Each Bureau shall report to the | 18 | | Director. | 19 | | (c) The Chief of the Planning and Procurement Bureau shall | 20 | | be appointed by the Director, at the Director's sole | 21 | | discretion, and (i) shall have at least 5 years of direct | 22 | | experience in electricity supply planning and procurement and | 23 | | (ii) shall also hold an advanced degree in risk management, | 24 | | law, business, or a related field. |
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| 1 | | (d) The Chief of the Resource Development Bureau may be | 2 | | appointed by the Director and (i) shall have at least 5 years | 3 | | of direct experience in electric generating project | 4 | | development and (ii) shall also hold an advanced degree in | 5 | | economics, engineering, law, business, or a related field. | 6 | | (e) For terms ending before December 31, 2019, the The | 7 | | Director shall receive an annual salary of $100,000 or as set | 8 | | by the Compensation Review Board, whichever is higher. For | 9 | | terms ending before December 31, 2019, the The Bureau Chiefs | 10 | | shall each receive an annual salary of $85,000 or as set by the | 11 | | Compensation Review Board, whichever is higher. For terms | 12 | | beginning after the effective date of this amendatory Act of | 13 | | the 100th General Assembly, the annual salaries for the | 14 | | Director and the Bureau Chiefs shall be an amount equal to 15% | 15 | | more than the respective position's annual salary as of | 16 | | December 31, 2018. The calculation of the 2018 salary base for | 17 | | this adjustment shall not include any cost of living | 18 | | adjustments, as authorized by Senate Joint Resolution 192 of | 19 | | the 86th General Assembly, for the period beginning July 1, | 20 | | 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1 | 21 | | thereafter, the Director and the Bureau Chiefs shall receive an | 22 | | increase in salary based on a cost of living adjustment as | 23 | | authorized by Senate Joint Resolution 192 of the 86th General | 24 | | Assembly. | 25 | | (f) The Director and Bureau Chiefs shall not, for 2 years | 26 | | prior to appointment or for 2 years after he or she leaves his |
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| 1 | | or her position, be employed by an electric utility, | 2 | | independent power producer, power marketer, or alternative | 3 | | retail electric supplier regulated by the Commission or the | 4 | | Federal Energy Regulatory Commission. | 5 | | (g) The Director and Bureau Chiefs are prohibited from: (i) | 6 | | owning, directly or indirectly, 5% or more of the voting | 7 | | capital stock of an electric utility, independent power | 8 | | producer, power marketer, or alternative retail electric | 9 | | supplier; (ii) being in any chain of successive ownership of 5% | 10 | | or more of the voting capital stock of any electric utility, | 11 | | independent power producer, power marketer, or alternative | 12 | | retail electric supplier; (iii) receiving any form of | 13 | | compensation, fee, payment, or other consideration from an | 14 | | electric utility, independent power producer, power marketer, | 15 | | or alternative retail electric supplier, including legal fees, | 16 | | consulting fees, bonuses, or other sums. These limitations do | 17 | | not apply to any compensation received pursuant to a defined | 18 | | benefit plan or other form of deferred compensation, provided | 19 | | that the individual has otherwise severed all ties to the | 20 | | utility, power producer, power marketer, or alternative retail | 21 | | electric supplier.
| 22 | | (Source: P.A. 99-536, eff. 7-8-16.) | 23 | | Section 35. The Environmental Protection Act is amended by | 24 | | changing Section 4 as follows:
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| 1 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 2 | | Sec. 4. Environmental Protection Agency; establishment; | 3 | | duties.
| 4 | | (a) There is established in the Executive Branch of the | 5 | | State Government an
agency to be known as the Environmental | 6 | | Protection Agency. This Agency shall
be under the supervision | 7 | | and direction of a Director who shall be appointed by
the | 8 | | Governor with the advice and consent of the Senate. The term of | 9 | | office
of the Director shall expire on the third Monday of | 10 | | January in odd numbered
years, provided that he or she shall | 11 | | hold office until a successor is appointed
and has qualified. | 12 | | For terms ending before December 31, 2019, the The Director | 13 | | shall
receive an annual salary as set by
the Compensation | 14 | | Review Board. For terms beginning after the effective date of | 15 | | this amendatory Act of the 100th General Assembly, the | 16 | | Director's annual salary shall be an amount equal to 15% more | 17 | | than the Director's annual salary as of December 31, 2018. The | 18 | | calculation of the 2018 salary base for this adjustment shall | 19 | | not include any cost of living adjustments, as authorized by | 20 | | Senate Joint Resolution 192 of the 86th General Assembly, for | 21 | | the period beginning July 1, 2009 to June 30, 2019. Beginning | 22 | | July 1, 2019 and each July 1 thereafter, the Director shall | 23 | | receive an increase in salary based on a cost of living | 24 | | adjustment as authorized by Senate Joint Resolution 192 of the | 25 | | 86th General Assembly. The Director, in accord with the | 26 | | Personnel Code, shall employ and
direct such personnel, and |
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| 1 | | shall provide for such laboratory and other
facilities, as may | 2 | | be necessary to carry out the purposes of this Act. In
| 3 | | addition, the Director may by agreement secure such services as | 4 | | he or she
may deem necessary from any other department, agency, | 5 | | or unit of the State
Government, and may employ and compensate | 6 | | such consultants and technical
assistants as may be required.
| 7 | | (b) The Agency shall have the duty to collect and | 8 | | disseminate such
information, acquire such technical data, and | 9 | | conduct such experiments
as may be required to carry out the | 10 | | purposes of this Act, including
ascertainment of the quantity | 11 | | and nature of discharges from any
contaminant source and data | 12 | | on those sources, and to operate and arrange
for the operation | 13 | | of devices for the monitoring of environmental quality.
| 14 | | (c) The Agency shall have authority to conduct a program of
| 15 | | continuing surveillance and of regular or periodic inspection | 16 | | of actual
or potential contaminant or noise sources, of public | 17 | | water supplies, and
of refuse disposal sites.
| 18 | | (d) In accordance with constitutional limitations,
the | 19 | | Agency shall have authority to enter at all reasonable times
| 20 | | upon any private or public property for the purpose of:
| 21 | | (1) Inspecting and investigating to ascertain possible | 22 | | violations of
this Act, any rule or regulation adopted | 23 | | under this Act, any permit or
term or condition of a | 24 | | permit, or any Board order; or
| 25 | | (2) In accordance with the provisions of this Act, | 26 | | taking whatever
preventive or corrective action, including |
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| 1 | | but not limited to removal or
remedial action, that is | 2 | | necessary or appropriate whenever there is a
release or a | 3 | | substantial threat of a release of (A) a hazardous
| 4 | | substance or pesticide or (B) petroleum from an underground | 5 | | storage tank.
| 6 | | (e) The Agency shall have the duty to investigate | 7 | | violations of this
Act, any rule or regulation adopted under | 8 | | this Act, any permit or
term or condition of a permit, or any | 9 | | Board order;
to issue administrative citations as provided in | 10 | | Section 31.1 of this
Act; and to take such summary enforcement | 11 | | action as is provided
for by Section 34 of this Act.
| 12 | | (f) The Agency shall appear before the Board in any hearing | 13 | | upon a
petition for variance or time-limited water quality | 14 | | standard, the denial of a permit, or the validity or effect
of | 15 | | a rule or regulation of the Board, and shall have the authority | 16 | | to
appear before the Board in any hearing under the Act.
| 17 | | (g) The Agency shall have the duty to administer, in accord | 18 | | with
Title X of this Act, such permit and certification systems | 19 | | as may be
established by this Act or by regulations adopted | 20 | | thereunder.
The Agency may enter into written delegation | 21 | | agreements with any department,
agency, or unit of State or | 22 | | local government under which all or portions
of this duty may | 23 | | be delegated for public water supply storage and transport
| 24 | | systems, sewage collection and transport systems, air | 25 | | pollution control
sources with uncontrolled emissions of 100 | 26 | | tons per year or less and
application of algicides to waters of |
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| 1 | | the State. Such delegation
agreements will require that the | 2 | | work to be performed thereunder will be
in accordance with | 3 | | Agency criteria, subject to Agency review, and shall
include | 4 | | such financial and program auditing by the Agency as may be | 5 | | required.
| 6 | | (h) The Agency shall have authority to require the | 7 | | submission of
complete plans and specifications from any | 8 | | applicant for a permit
required by this Act or by regulations | 9 | | thereunder, and to require the
submission of such reports | 10 | | regarding actual or potential violations of
this Act, any rule | 11 | | or regulation adopted under this Act, any permit or
term or | 12 | | condition of a permit, or any Board order, as may be necessary | 13 | | for the purposes of
this Act.
| 14 | | (i) The Agency shall have authority to make recommendations | 15 | | to the
Board for the adoption of regulations under Title VII of | 16 | | the Act.
| 17 | | (j) The Agency shall have the duty to represent the State | 18 | | of
Illinois in any and all matters pertaining to plans, | 19 | | procedures, or
negotiations for interstate compacts or other | 20 | | governmental arrangements
relating to environmental | 21 | | protection.
| 22 | | (k) The Agency shall have the authority to accept, receive, | 23 | | and
administer on behalf of the State any grants, gifts, loans, | 24 | | indirect cost
reimbursements, or other funds made available to | 25 | | the State from any source
for purposes of this Act or for air | 26 | | or water pollution control, public water
supply, solid waste |
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| 1 | | disposal, noise abatement, or other environmental
protection | 2 | | activities, surveys, or programs. Any federal funds received by | 3 | | the
Agency pursuant to this subsection shall be deposited in a | 4 | | trust fund with the
State Treasurer and held and disbursed by | 5 | | him in accordance with Treasurer as
Custodian of Funds Act, | 6 | | provided that such monies shall be used only for the
purposes | 7 | | for which they are contributed and any balance remaining shall | 8 | | be
returned to the contributor.
| 9 | | The Agency is authorized to promulgate such regulations and | 10 | | enter
into such contracts as it may deem necessary for carrying | 11 | | out the
provisions of this subsection.
| 12 | | (l) The Agency is hereby designated as water pollution | 13 | | agency for
the state for all purposes of the Federal Water | 14 | | Pollution Control Act, as
amended; as implementing agency for | 15 | | the State for all purposes of the Safe
Drinking Water Act, | 16 | | Public Law 93-523, as now or hereafter amended, except
Section | 17 | | 1425 of that Act; as air pollution agency for the state for all
| 18 | | purposes of the Clean Air Act of 1970, Public Law 91-604, | 19 | | approved December 31,
1970, as amended; and as solid waste | 20 | | agency for the state for all purposes of
the Solid Waste | 21 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 22 | | amended by the Resource Recovery Act of 1970, Public Law | 23 | | 91-512, approved
October 26, 1970, as amended, and amended by | 24 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 25 | | 94-580) approved October 21, 1976, as amended; as
noise control | 26 | | agency for the state for all purposes of the Noise Control Act |
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| 1 | | of
1972, Public Law 92-574, approved October 27, 1972, as | 2 | | amended; and as
implementing agency for the State for all | 3 | | purposes of the Comprehensive
Environmental Response, | 4 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 5 | | amended; and otherwise as pollution control agency for the | 6 | | State pursuant
to federal laws integrated with the foregoing | 7 | | laws, for financing purposes or
otherwise. The Agency is hereby | 8 | | authorized to take all action necessary or
appropriate to | 9 | | secure to the State the benefits of such federal Acts, provided
| 10 | | that the Agency shall transmit to the United States without | 11 | | change any
standards adopted by the Pollution Control Board | 12 | | pursuant to Section 5(c) of
this Act. This subsection (l) of | 13 | | Section 4 shall not be construed to bar or
prohibit the | 14 | | Environmental Protection Trust Fund Commission from accepting,
| 15 | | receiving, and administering on behalf of the State any grants, | 16 | | gifts,
loans or other funds for which the Commission is | 17 | | eligible pursuant to the
Environmental Protection Trust Fund | 18 | | Act. The Agency is hereby designated as
the State agency for | 19 | | all purposes of administering the requirements of Section
313 | 20 | | of the federal Emergency Planning and Community Right-to-Know | 21 | | Act of 1986.
| 22 | | Any municipality, sanitary district, or other political | 23 | | subdivision,
or any Agency of the State or interstate Agency, | 24 | | which makes application
for loans or grants under such federal | 25 | | Acts shall notify the Agency of
such application; the Agency | 26 | | may participate in proceedings under such
federal Acts.
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| 1 | | (m) The Agency shall have authority, consistent with | 2 | | Section 5(c)
and other provisions of this Act, and for purposes | 3 | | of Section 303(e) of
the Federal Water Pollution Control Act, | 4 | | as now or hereafter amended,
to engage in planning processes | 5 | | and activities and to develop
plans in cooperation with units | 6 | | of local government, state agencies and
officers, and other | 7 | | appropriate persons in connection with the
jurisdiction or | 8 | | duties of each such unit, agency, officer or person.
Public | 9 | | hearings shall be held on the planning process, at which any
| 10 | | person shall be permitted to appear and be heard, pursuant to | 11 | | procedural
regulations promulgated by the Agency.
| 12 | | (n) In accordance with the powers conferred upon the Agency | 13 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 14 | | Agency shall
have authority to establish and enforce minimum | 15 | | standards for the
operation of laboratories relating to | 16 | | analyses and laboratory tests for
air pollution, water | 17 | | pollution, noise emissions, contaminant discharges
onto land | 18 | | and sanitary, chemical, and mineral quality of water
| 19 | | distributed by a public water supply. The Agency may enter into | 20 | | formal
working agreements with other departments or agencies of | 21 | | state
government under which all or portions of this authority | 22 | | may be
delegated to the cooperating department or agency.
| 23 | | (o) The Agency shall have the authority to issue | 24 | | certificates of
competency to persons and laboratories meeting | 25 | | the minimum standards
established by the Agency in accordance | 26 | | with Section 4(n) of this Act
and to promulgate and enforce |
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| 1 | | regulations relevant to the issuance and
use of such | 2 | | certificates. The Agency may enter into formal working
| 3 | | agreements with other departments or agencies of state | 4 | | government under
which all or portions of this authority may be | 5 | | delegated to the
cooperating department or agency.
| 6 | | (p) Except as provided in Section 17.7, the Agency shall | 7 | | have the
duty to analyze samples as required
from each public | 8 | | water supply to determine compliance with the
contaminant | 9 | | levels specified by the Pollution Control Board. The maximum
| 10 | | number of samples which the Agency shall be required to analyze | 11 | | for
microbiological quality shall be 6 per month, but the | 12 | | Agency may, at its
option, analyze a larger number each month | 13 | | for any supply. Results of
sample analyses for additional | 14 | | required bacteriological testing,
turbidity, residual chlorine | 15 | | and radionuclides are to be provided to the
Agency in | 16 | | accordance with Section 19. Owners of water supplies may enter
| 17 | | into agreements with the Agency to provide for reduced Agency
| 18 | | participation in sample analyses.
| 19 | | (q) The Agency shall have the authority to provide notice | 20 | | to any
person who may be liable pursuant to Section 22.2(f) of | 21 | | this Act for a
release or a substantial threat of a release of | 22 | | a hazardous substance or
pesticide. Such notice shall include | 23 | | the identified response action and an
opportunity for such | 24 | | person to perform the response action.
| 25 | | (r) The Agency may enter into written delegation agreements | 26 | | with any
unit of local government under which it may delegate |
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| 1 | | all or portions of its
inspecting, investigating and | 2 | | enforcement functions. Such delegation
agreements shall | 3 | | require that work performed thereunder be in accordance
with | 4 | | Agency criteria and subject to Agency review.
Notwithstanding | 5 | | any other provision of law to the contrary, no unit of
local | 6 | | government shall be liable for any injury resulting from the | 7 | | exercise
of its authority pursuant to such a delegation | 8 | | agreement unless the injury
is proximately caused by the | 9 | | willful and wanton negligence of an agent or
employee of the | 10 | | unit of local government, and any policy of insurance
coverage | 11 | | issued to a unit of local government may provide for the denial | 12 | | of
liability and the nonpayment of claims based upon injuries | 13 | | for which the unit
of local government is not liable pursuant | 14 | | to this subsection (r).
| 15 | | (s) The Agency shall have authority to take whatever | 16 | | preventive or
corrective action is necessary or appropriate, | 17 | | including but not limited to
expenditure of monies appropriated | 18 | | from the Build Illinois Bond Fund and
the Build Illinois | 19 | | Purposes Fund for removal or remedial action, whenever
any | 20 | | hazardous substance or pesticide is released or
there is a | 21 | | substantial threat of such a release into the environment. The
| 22 | | State, the Director, and any State employee shall be | 23 | | indemnified for any
damages or injury arising out of or | 24 | | resulting from any action taken under
this subsection. The | 25 | | Director of the Agency is authorized to enter into
such | 26 | | contracts and agreements as are necessary
to carry out the |
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| 1 | | Agency's duties under this subsection.
| 2 | | (t) The Agency shall have authority to distribute grants, | 3 | | subject to
appropriation by the General Assembly, to units of | 4 | | local government for financing and construction of
wastewater | 5 | | facilities in both incorporated and unincorporated areas. With | 6 | | respect to all monies appropriated
from the Build Illinois Bond | 7 | | Fund and the Build Illinois Purposes
Fund for wastewater | 8 | | facility grants, the Agency shall make
distributions in | 9 | | conformity with the rules and regulations established
pursuant | 10 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 11 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 12 | | the
Agency shall have the authority to adopt such rules as are | 13 | | necessary or
appropriate for the Agency to implement Section | 14 | | 31.1 of this Act.
| 15 | | (v) (Blank.)
| 16 | | (w) Neither the State, nor the Director, nor the Board, nor | 17 | | any State
employee shall be liable for any damages or injury | 18 | | arising out of or
resulting from any action taken under | 19 | | subsection (s).
| 20 | | (x)(1) The Agency shall have authority to distribute | 21 | | grants, subject to
appropriation by the General Assembly, to | 22 | | units of local government for
financing and construction of | 23 | | public water supply facilities. With respect
to all monies | 24 | | appropriated from the Build Illinois Bond Fund or the Build
| 25 | | Illinois Purposes Fund for public water supply grants, such | 26 | | grants shall be
made in accordance with rules promulgated by |
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| 1 | | the Agency.
Such rules shall include a requirement for a local | 2 | | match of 30% of the
total project cost for projects funded | 3 | | through such grants.
| 4 | | (2) The Agency shall not terminate a grant to a unit of | 5 | | local government
for the financing and construction of public | 6 | | water supply facilities unless
and until the Agency adopts | 7 | | rules that set forth precise and complete
standards, pursuant | 8 | | to Section 5-20 of the Illinois Administrative
Procedure Act, | 9 | | for the termination of such grants. The Agency shall not
make | 10 | | determinations on whether specific grant conditions are | 11 | | necessary to
ensure the integrity of a project or on whether | 12 | | subagreements shall be
awarded, with respect to grants for the | 13 | | financing and construction of
public water supply facilities, | 14 | | unless and until the Agency adopts rules
that set forth precise | 15 | | and complete standards, pursuant to Section 5-20
of the | 16 | | Illinois Administrative Procedure Act, for making such
| 17 | | determinations. The Agency shall not issue a stop-work order in | 18 | | relation to
such grants unless and until the Agency adopts | 19 | | precise and complete standards,
pursuant to Section 5-20 of the | 20 | | Illinois Administrative Procedure Act, for
determining whether | 21 | | to issue a stop-work order.
| 22 | | (y) The Agency shall have authority to release any person | 23 | | from further
responsibility for preventive or corrective | 24 | | action under this Act following
successful completion of | 25 | | preventive or corrective action undertaken by such
person upon | 26 | | written request by the person.
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| 1 | | (z) To the extent permitted by any applicable federal law | 2 | | or regulation, for all work performed for State construction | 3 | | projects which are funded in whole or in part by a capital | 4 | | infrastructure bill enacted by the 96th General Assembly by | 5 | | sums appropriated to the Environmental Protection Agency, at | 6 | | least 50% of the total labor hours must be performed by actual | 7 | | residents of the State of Illinois. For purposes of this | 8 | | subsection, "actual residents of the State of Illinois" means | 9 | | persons domiciled in the State of Illinois. The Department of | 10 | | Labor shall promulgate rules providing for the enforcement of | 11 | | this subsection. | 12 | | (aa) The Agency may adopt rules requiring the electronic | 13 | | submission of any information required to be submitted to the | 14 | | Agency pursuant to any State or federal law or regulation or | 15 | | any court or Board order. Any rules adopted under this | 16 | | subsection (aa) must include, but are not limited to, | 17 | | identification of the information to be submitted | 18 | | electronically. | 19 | | (Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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