Full Text of HB4710 95th General Assembly
HB4710eng 95TH GENERAL ASSEMBLY
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LRB095 15218 BDD 45116 b |
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| AN ACT concerning environmental safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| (105 ILCS 105/5a rep.)
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| 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:
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| (105 ILCS 105/6) (from Ch. 122, par. 1406)
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| Sec. 6. Powers and Duties of the Department.
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| (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.
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| (b) Rules promulgated by the Department shall include, but | 17 |
| not be limited
to:
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| (1) all rules necessary to achieve compliance with the | 19 |
| federal Asbestos
Hazard Emergency Response Act of 1986 and | 20 |
| the regulations promulgated
thereunder;
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| (2) rules providing for the training and licensing of | 22 |
| persons and
firms to perform asbestos inspection and air |
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| sampling; to perform abatement
work; and to serve as | 2 |
| asbestos abatement contractors, management, planners,
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| 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
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| (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.
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| (c) In carrying out its responsibilities under this Act, | 12 |
| the Department
shall:
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| (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
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| (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
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| (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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| Indemnification Fund 5% of the amount of each
response | 2 |
| action contract, as required under the Response Action | 3 |
| Contractor
Indemnification Act.
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| (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.
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| (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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| 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.)
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| Section 10. The Response Action Contractor Indemnification | 7 |
| Act is amended by changing Section 5 and adding Section 8 as | 8 |
| follows:
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| (415 ILCS 100/5) (from Ch. 111 1/2, par. 7205)
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| Sec. 5. Response Contractors Indemnification Fund.
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| (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
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| shall credit interest on the Fund to the Fund.
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| (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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| Fund. When only a portion of a contract
relates to a remedial | 2 |
| or response action, or to the identification, handling,
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| storage, treatment or disposal of a pollutant, the contract | 4 |
| shall provide that
only that portion is subject to this | 5 |
| subsection.
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| (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.
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| (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.
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| (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
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| Indemnification Fund to the Brownfields Redevelopment Fund.
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| (f) Within 30 days after the effective date of this |
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| 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.
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| (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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| jurisdiction of the Governor. | 2 |
| (Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)
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| (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.
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| Section 15. The Alternate Fuels Act is amended by changing | 8 |
| Section 30 as follows: | 9 |
| (415 ILCS 120/30)
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| Sec. 30. Rebate program. Beginning January 1, 1997, and as | 11 |
| long as funds
are available, each owner of an
alternate fuel
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| vehicle shall be eligible to apply for a rebate.
Beginning July | 13 |
| 1, 2005, each owner of a vehicle using domestic renewable fuel
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| 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
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| 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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| fuel vehicle or a vehicle using domestic renewable fuel may not
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| receive rebates for more than 150
vehicles per location or for | 3 |
| 300 vehicles in total.
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| (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
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| capability must take place in Illinois for the owner to be
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| eligible for the conversion cost rebate. Amounts spent by
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| applicants within a calendar year may be claimed on a rebate
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| 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
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| application submitted in 1997 all amounts spent within that
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| calendar year on the conversion, even if the expenditure
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| occurred before promulgation of the Agency rules.
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| (b) An OEM differential cost rebate may be issued to
an | 22 |
| owner or his or her designee in order to reduce the cost
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| differential between a conventional vehicle or engine and the
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| same vehicle or engine, produced by an original equipment
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| manufacturer, that has the capability to use alternate fuels.
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| A new OEM vehicle or engine must be purchased in Illinois
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| and must either be an alternate fuel vehicle or used in an
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| alternate fuel vehicle, respectively, for the owner to be
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| 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 .
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| Approved OEM differential cost rebates applied for during
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| or after calendar year 1997 shall be 80% of all
approved cost | 13 |
| differential claimed and documented. Approval of OEM
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| 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.
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| (c) A fuel cost differential rebate may be issued to
an | 20 |
| owner or his or her designee in order to reduce the cost
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| differential between conventional fuels and domestic renewable
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| 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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| 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.
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| 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.
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| 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
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| registered to the original applicant owner, a prorated
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| installment shall be paid to that owner or the owner's designee
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| and the remainder of the rebate shall be canceled.
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| (d) Vehicles owned by the federal government or
vehicles |
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| registered in a state outside Illinois are not eligible
for | 2 |
| rebates.
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| (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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| (225 ILCS 220/Act rep.)
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| Section 20. The Hazardous Waste Crane and Hoisting | 3 |
| Equipment Operators
Licensing Act is repealed.
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| (225 ILCS 221/Act rep.)
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| Section 25. The Hazardous Waste Laborers Licensing Act is | 6 |
| repealed. | 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law. |
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