90th General Assembly
Status of HB0767
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NOVAK.

(RAUSCHENBERGER)

   415 ILCS 5/39             from Ch. 111 1/2, par. 1039                       

        Amends  the  Environmental  Protection  Act.  Provides   that   a      
   subsequent  owner  of a new pollution control facility is not required      
   to submit proof that the location of the facility  has  been  approved      
   pursuant  to  the  local  siting  review  process  if the location has      
   already been approved by a local siting body,  the  Pollution  Control      
   Board,  or  a court of competent jurisdiction prior to the transfer of      
   ownership to the subsequent owner.                                          
          FISCAL NOTE (Pollution Control Bd.)                                  
          HB 767 is not expected to significantly increase the number of       
          appeals the Board will hear in any given fiscal year; any            
          additional appeals can be handled with current resources.            
          FISCAL NOTE, AMENDED (Environmental Protection Agency)               
          No fiscal impact on IEPA.                                            
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          415 ILCS 5/39.2                 from Ch. 111 1/2, par. 1039.2        
        Replaces the title and  everything  after  the  enacting  clause.      
   Amends  the  Environmental  Protection Act. Provides that local siting      
   appproval is transferrable to a subsequent owner or operator. Requires      
   the Environmental Protection Agency to evaluate the  prior  experience      
   in  waste  management  of  a  prospective operator of a waste transfer      
   station or  incinerator  facility  before  issuing  a  permit  to  the      
   prospective  operator.  Requires  the  Agency  to  evaluate  the waste      
   management history of the subsequent owner of  a  facility,  that  has      
   already  been  subject to local siting review, before issuing a permit      
   to the subsequent owner. Adds immediate effective date.                     
          STATE MANDATES FISCAL NOTE                                           
          In the opinion of DCCA, HB767 fails to create a State mandate.       
          STATE MANDATES FISCAL NOTE, H-am 1                                   
          In the opinion of DCCA, HB767, as amended by Amendment 1, fails      
          to create a State mandate under the State Mandates Act.              
        HOUSE AMENDMENT NO. 2.                                                 
        Specifies that the Environmental Protection Agency  may  grant  a      
   development  or  construction  permit on application by the subsequent      
   owner of a facility for which local siting approval was granted to the      
   prior owner.  Makes stylistic  changes.  Provides  that  a  subsequent      
   owner  of  a  pollution  control  facility,  upon  application  for an      
   Environmental Protection Agency permit, shall notify the county  board      
   or  governing  body  of the municipality that granted approval for the      
   facility and any party to the original  siting  proceeding.   Requires      
   the  Agency to conduct an evaluation of a prospective operator's prior      
   waste management experience in the case of a sanitary landfill,  waste      
   treatment facility, and waste storage site.                                 
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends the retention of the provision of the Environmental         
   Protection Act requiring the Environmental Protection Agency to eval-       
   uate the prior waste management experience of a prospective owner or        
   operator of a waste transportation operation before it issues an RCRA       
   or any permit to the prospective owner.                                     
   97-02-20  H  FIRST READING                                                  
   97-02-20  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-02-26  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   97-03-07  H                         FISCAL NOTE FILED                       
   97-03-07  H                   COMMITTEE               ENVRMNT ENRGY         
   97-03-12  H                     FISCAL NOTE REQUESTED AS AMENDED/HASSERT    
   97-03-12  H  STATE MANDATES FISCAL NOTE REQUESTED     AS AMENDED/HASSERT    
   97-03-12  H                   COMMITTEE               ENVRMNT ENRGY         
   97-03-19  H                         FISCAL NOTE FILED AS AMENDED            
   97-03-19  H                   COMMITTEE               ENVRMNT ENRGY         
   97-03-20  H                             AMENDMENT NO. 01-ENVRMNT ENRGY H    
   97-03-20  H                                   ADOPTED                       
   97-03-20  H  DO PASS AMENDED/SHORT DEBATE             017-000-000   HENE    
   97-03-20  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-03-21  H  STATE MANDATES FISCAL NOTE FILED                               
   97-03-21  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-07  H  STATE MANDATES FISCAL NOTE FILED         AS AMENDED            
   97-04-07  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-08  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   97-04-08  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-09  H                             AMENDMENT NO. 02-NOVAK              
   97-04-09  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-09  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-09  H                             AMENDMENT NO. 02-NOVAK              
   97-04-09  H                                BE ADOPTED HRUL/003-002-000      
   97-04-09  H  CALENDAR ORDER 3RD READING-SHORT DEBATE                        
   97-04-12  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   97-04-12  H                             AMENDMENT NO. 02-NOVAK              
   97-04-12  H                                   ADOPTED                       
   97-04-12  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-12  H  THIRD READING/SHORT DEBATE/PASSED        104-007-003           
   97-04-14  S  ARRIVE IN SENATE                                               
   97-04-14  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-15  S  CHIEF SPONSOR                            RAUSCHENBERGER        
   97-04-16  S  FIRST READING                                                  
   97-04-16  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-17  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   97-05-01  S       DO PASS                             007-003-000   SENV    
   97-05-01  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-06              
   97-05-07  S  SECOND READING                                                 
   97-05-07  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-08              
   97-05-08  S  THIRD READING - PASSED                   040-012-004           
   97-05-08  H  PASSED BOTH HOUSES                                             
   97-06-06  H  SENT TO THE GOVERNOR                                           
   97-07-25  H  GOVERNOR AMENDATORY VETO                                       
   97-07-25  H  PLACED CALENDAR AMENDATORY VETO          OCTOBER 28, 1997      
   97-10-24  H  MOTION FILED ACCEPT AMENDATORY VETO      #1/NOVAK              
   97-10-24  H                        MOTION REFERRED TO HRUL                  
   97-10-24  H  PLACED CALENDAR AMENDATORY VETO          OCTOBER 28, 1997      
   97-10-28  H  APPROVED FOR CONSIDERATION - COMPLIANCE  #1/HRUL               
   97-10-28  H                         3/5 VOTE REQUIRED                       
   97-10-28  H  ACCEPT AMENDATORY VETO - HOUSE PASSED    114-002-001           
   97-10-30  S  ARRIVE IN SENATE                                               
   97-10-30  S  PLACED CALENDAR AMENDATORY VETO          NOVEMBER 12, 1997     
   97-11-12  S  MOTION FILED ACCEPT AMENDATORY VETO      RAUSCHENBERGER        
   97-11-12  S  ACCEPT AMENDATORY VETO - SENATE PASSED   057-000-000           
   97-11-12  H  BOTH HOUSES ACCEPT AMENDATORY VETO                             
   97-11-26  H  RETURNED TO GOVERNOR FOR CERTIFICATION                         
   97-11-26  H  GOVERNOR CERTIFIES CHANGES                                     
   97-11-26  H                            EFFECTIVE DATE 97-11-26              
   97-11-26  H  PUBLIC ACT.............................. 90-0537               

   END OF INQUIRY 



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