EPA-POLL CONTRL FACIL-PERMIT
Synopsis of Bill as introduced:
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.
SENATE 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.
SENATE AMENDMENT NO. 2.
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
FISCAL NOTE (Pollution Control Board)
There would be no fiscal impact on PCB; increased appeals can
be handled with current resources.
HOUSE AMENDMENT NO. 1. (House recedes January 12, 1999)
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.
STATE MANDATES FISCAL NOTE, H-AM 1 (DCCA)
SB 299, amended by H-am 1 fails to create a State mandate.
CONFERENCE COMMITTEE REPORT NO. 1.
Recommends that the House recede from House Amendment No. 1.
Recommends that the bill be amended as follows:
Deletes reference to:
415 ILCS 5/39
415 ILCS 5/39.2
Adds reference to:
30 ILCS 5/3-1 from Ch. 15, par. 303-1
35 ILCS 640/2-7
35 ILCS 640/2-9
220 ILCS 5/8-403.1 from Ch. 111 2/3, par. 8-403.1
Deletes everything. Amends the Electricity Excise Tax Law.
Provides that the credit allowed to a public utility under the Public
Utilities Act for purchasing electricity from a qualified solid waste
energy facility shall be allowed as a credit against the obligation to
remit electricity excise tax. Provides that each delivering supplier
collecting the tax shall include the credit amount allowed under the
Public Utilities Act on the monthly return to the Department of
Revenue. Amends the Public Utilities Act. Provides that a utility's
purchases from a qualified solid waste energy facility entitle the
utility to credits against taxes it collects under the Electricity
Excise Tax Law. Provides that when the capital costs for developing a
qualified facility have been paid, then the facility shall reimburse
the Public Utilities Fund and the General Revenue Fund (now the Public
Utilities Fund) for the reductions caused by the tax credits. Requires
each qualified solid waste energy facility that sells electricity to
an electric utility at certain rates to file with the State Treasurer,
on or before the 15th of each month, a form that states the number of
kilowatt hours of electricity for which payment was received from
electric utilities in Illinois during the immediately preceding month.
Provides that the qualified solid waste energy facility shall pay to
the State Treasurer an amount equal to six-tenths of a mill per
kilowatt hour of electricity sold for the years 1999 through 2008.
Provides that the payments shall be deposited into the Municipal
Economic Development Fund. Creates the Fund as a trust fund outside
the State treasury. Provides that the State Treasurer may invest
moneys in the Fund in investments authorized by the Public Funds
Investment Act and that income shall be deposited into and become part
of the Fund. Provides for distributions from the Municipal Economic
Development Fund to municipalities that have within their boundaries
an incinerator that (1) uses municipal waste as its primary fuel to
generate electricity; (2) is a qualified solid waste energy facility
prior to the effective date of P.A. 89-448; and (3) commenced
operation prior to January 1, 1998. Provides that distributions from
the Fund shall not exceed $500,000 during a 4-quarter period. Sets
forth the purposes for which the distributions may be expended and
prohibits certain expenditures. Provides for refunds from the Fund in
certain circumstances. Requires a financial and compliance and program
audit of each municipality receiving distributions from the Municipal
Economic Development Fund. Authorizes the Attorney General to recover,
in a civil action, 3 times the amount of distributions illegally
expended. Amends the Illinois State Auditing Act to require the
Auditor General to conduct the audits at no cost to the municipality.
Last action on Bill: PUBLIC ACT.............................. 90-0813
Last action date: 99-01-29
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2
END OF INQUIRY
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