90th General Assembly
Summary of SB0299
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Short description: 
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.      
   Effective immediately.                                                      
Last action on Bill: PUBLIC ACT.............................. 90-0813

   Last action date: 99-01-29

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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