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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0394eng SB394 Engrossed LRB9204377LBcsA 1 AN ACT concerning environmental protection. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Sections 17.7 and 17.8 as follows: 6 (415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7) 7 Sec. 17.7. Community water supply testing fee. 8 (a) The Agency shall collect an annual nonrefundable 9 testing fee from each community water supply for 10 participating in the laboratory fee program for analytical 11 services to determine compliance with contaminant levels 12 specified in State or federal drinking water regulations. A 13 community water supply may commit to participation in the 14 laboratory fee program. If the community water supply makes 15 such a commitment, it shall commit for a period consistent 16 with the participation requirements established by the Agency 17 and the Community Water Supply Testing Council (Council). If 18 a community water supply elects not to participate, it must 19 annually notify the Agency in writing of its decision not to 20 participate in the laboratory fee program. 21 (b) The Agency, with the concurrence of the Council, 22 shall determine the fee for participating in the laboratory 23 fee program for analytical services. The Agency, with the 24 concurrence of the Council, may establish multi-year 25 participation requirements for community water supplies and 26 establish fees accordingly. The Agency shall base its annual 27 fee determination upon the actual and anticipated costs for 28 testing under State and federal drinking water regulations 29 and the associated administrative costs of the Agency and the 30 Council. By October 1 of each year, the Agency shall submit 31 its fee determination and supporting documentation for the SB394 Engrossed -2- LRB9204377LBcsA 1 forthcoming year to the Council. Before the following January 2 1, the Council shall hold at least one regular meeting to 3 consider the Agency's determination. If the Council concurs 4 with the Agency's determination, it shall thereupon take 5 effect. The Agency and the Council may establish procedures 6 for resolution of disputes in the event the Council does not 7 concur with the Agency's fee determination. 8 (c) Community water supplies that choose not to 9 participate in the laboratory fee program or do not pay the 10 fees shall have the duty to analyze all drinking water 11 samples as required by State or federal safe drinking water 12 regulations established after the federal Safe Drinking Water 13 Act Amendments of 1986. 14 (d) There is hereby created in the State Treasury an 15 interest-bearing special fund to be known as the Community 16 Water Supply Laboratory Fund. All fees collected by the 17 Agency under this Section shall be deposited into this Fund 18 and shall be used for no other purpose except those 19 established in this Section. In addition to any monies 20 appropriated from the General Revenue Fund, monies in the 21 Fund shall be appropriated to the Agency in amounts deemed 22 necessary for laboratory testing of samples from community 23 water supplies, and for the associated administrative 24 expenses of the Agency and the Council. 25 (e) The Agency is authorized to adopt reasonable and 26 necessary rules for the administration of this Section. The 27 Agency shall submit the proposed rules for review by the 28 Council before submission of the rulemaking for the First 29 Notice under Section 5-40 of the Illinois Administrative 30 Procedure Act. 31 (f) The Director shall establish a Community Water 32 Supply Testing Council, consisting of 5 persons who are 33 elected municipal officials, 5 persons representing community 34 water supplies, one person representing the engineering SB394 Engrossed -3- LRB9204377LBcsA 1 profession, one person representing investor-owned utilities, 2 one person representing the Illinois Association of 3 Environmental Laboratories, and 2 persons representing 4 municipalities and community water supplies on a statewide 5 basis, all appointed by the Director. Beginning in 1994, the 6 Director shall appoint the following to the Council: (i) 2 7 elected municipal officials, 2 community water supply 8 representatives, and 1 investor-owned utility representative, 9 each for a one-year term; (ii) 2 elected municipal officials 10 and 2 community water supply representatives, each for a 2 11 year term; and (iii) one elected municipal official, one 12 community water supply representative, one person 13 representing the engineering profession, and 2 persons 14 representing municipalities and community water supplies on a 15 statewide basis, each for a 3 year term. As soon as possible 16 after the effective date of this amendatory Act of the 92nd 17 General Assembly, the Director shall appoint one person 18 representing the Illinois Association of Environmental 19 Laboratories to a term of 3 years. Thereafter, the Director 20 shall appoint successors in each position to 3 year terms. In 21 case of a vacancy, the Director may appoint a successor to 22 fill the remaining term of the vacancy. Members of the 23 Council shall serve until a successor is appointed by the 24 Director. The Council shall select from its members a 25 chairperson and such other officers as it deems necessary. 26 The Council shall hold at least 2 regular meetings each year. 27 The Agency shall provide the Council with such supporting 28 services as the Director and the Chairperson may designate, 29 and members shall be reimbursed for ordinary and necessary 30 expenses incurred in the performance of their duties. The 31 Council shall have the following duties: 32 (1) to consider any fee determinations submitted by 33 the Agency pursuant to subsection (b) of this Section, 34 and to hold regular and special meetings at a time and SB394 Engrossed -4- LRB9204377LBcsA 1 place designated by the Director or the Chairperson of 2 the Council; 3 (2) to consider appropriate means for long-term 4 financial support of water supply testing, and to make 5 recommendations to the Agency regarding a preferred 6 approach; 7 (3) to review and evaluate the financial 8 implications of current and future federal requirements 9 for monitoring of public water supplies; 10 (4) to review and evaluate management and financial 11 audit reports related to the testing program, and to make 12 recommendations regarding the Agency's efforts to 13 implement the fee system and testing provided for by this 14 Section; 15 (5) to require an external audit as may be deemed 16 necessary by the Council; and 17 (6) to conduct such other activities as may be 18 deemed appropriate by the Director. 19 (Source: P.A. 88-488.) 20 (415 ILCS 5/17.8) 21 Sec. 17.8. Environmental laboratory certification 22 assessmentfee. 23 (a)Beginning January 1, 1996,The Agency shall collect 24 an annual administrative assessmentof $350from each 25 laboratory requesting certification for meeting the minimum 26 standards established under the authority of subsection (n) 27 of Section 4. The Agency also shall collect an annuala28 certification assessment for each certification requested, as 29 listed below. Until the Agency and the Environmental 30 Laboratory Certification Committee establish administrative 31 and certification assessment schedules in accordance with the 32 procedures of subsections (c) and (d-5) of this Section, the 33 following assessment schedules shall remain in effectbasedSB394 Engrossed -5- LRB9204377LBcsA 1on the following schedule: 2 (1) For certification to conduct public water 3 supply analyses: 4 (A) $350 per year for inorganic parameters; 5 and 6 (B) $350 per year for organic parameters. 7 (2) For certification to conduct water pollution 8 analyses: 9 (A) $700 per year for inorganic parameters; 10 and 11 (B) $700 per year for organic parameters. 12 (3) For certification to conduct analyses of solid 13 or liquid samples for hazardous or other waste 14 parameters: 15 (A) $900 per year for inorganic parameters; 16 and 17 (B) $900 per year for organic parameters. 18 (4) An administrative assessment of $350 per year 19 from each laboratory requesting certification. 20 (b) Until the Agency and the Environmental Laboratory 21 Certification Committee establish administrative and 22 certification assessment schedules in accordance with the 23 procedures of subsections (c) and (d-5) of this Section, the 24 following payment schedules shall remain in effect. The 25 administrative assessment shall be paid at the time the 26 laboratory submits an applicationa requestfor certification 27 or renewal of certification and on the anniversary date of 28 the initial certification. The certification assessment 29 shall be paid at the time the laboratory submits an 30 application and on the anniversary date of the initial 31 certification. Assessments paid under this Section may not 32 be refunded. 33 (c) The Agency mustmayestablish procedures relating to 34 the certification of laboratories, analyses of samples, SB394 Engrossed -6- LRB9204377LBcsA 1 development of alternative assessment schedules, assessment 2 schedule dispute resolution, and collection of assessments. 3 No assessment for the certification of environmental 4 laboratories shall be due under this Section from any 5 department, agency, or unit of State government. No 6 assessments shall be due from, orany municipal government 7 for certification to conduct public water supplythat8conductsanalysesof samples from public water supplies. The 9 Agency's cost for certification of laboratories that are 10 exempt from the assessment shall be excluded from the 11 calculation of the alternative assessment schedules. 12 (d) All moneys collected by the Agency under this 13 Section shall be deposited into the Environmental Laboratory 14 Certification Fund, a special fund hereby created in the 15 State treasury. Subject to appropriation, the Agency shall 16 use the moneys in the Fund to pay expenses incurred in the 17 administration of laboratory certification duties. All 18 interest or other income earned from the investment of the 19 moneys in the Fund shall be deposited into the Fund. 20 (d-5) The Agency, with the concurrence with the 21 Environmental Laboratory Certification Committee, shall 22 determine the assessment schedules for participation in the 23 environmental laboratory certification program. The Agency, 24 with the concurrence of the Committee, shall base the 25 assessment schedules upon actual and anticipated costs for 26 certification under State and federal programs and the 27 associated costs of the Agency and Committee. On or before 28 August 1 of each year, the Agency shall submit its assessment 29 schedules determination and supporting documentation for the 30 forthcoming year to the Committee. Before the following 31 September 30, the Committee shall hold at least one regular 32 meeting to consider the Agency's assessment schedule 33 determination. If the Committee concurs with the Agency's 34 assessment schedule determination, it shall thereupon take SB394 Engrossed -7- LRB9204377LBcsA 1 effect. 2 (e) The Director shall establish an Environmental 3 Laboratory Certification Committee consisting of (i) one 4 person representing accredited county or municipal public 5 water supply laboratories, (ii) one person representing the 6 Metropolitan Water Reclamation District of Greater Chicago, 7 (iii) one person representing accredited sanitary district or 8 waste water treatment plant laboratories, (iv) 3 persons 9 representing accredited environmental commercial laboratories 10 duly incorporated in the State of Illinois and employing 20 11 or more people, (v) 2 persons representing accredited 12 environmental commercial laboratories duly incorporated in 13 the State of Illinois employing less than 20 people, and (vi) 14 one person representing the Illinois Association of 15 Environmental Laboratories, all appointed by the Director. 16 If no accredited laboratories are available to fill one of 17 the categories under item (iv) or (v) then any laboratory 18 that has applied for accreditation may be eligible to fill 19 that position. Beginning in 2002, the Director shall appoint 20 3 members of the Committee for a one-year term, 3 members of 21 the Committee for 2-year terms, and 3 members of the 22 Committee for 3-year terms. Thereafter, all terms shall be 23 for 3 years. In the case of a vacancy, the Director may 24 appoint a successor to fill the remaining term of the 25 vacancy. Members of the Committee shall serve until a 26 successor is appointed by the Director. No member of the 27 Committee shall serve more than 2 consecutive 3-year terms. 28 The Committee shall select from its members a Chairperson and 29 any other officers that it deems necessary. The Committee 30 shall hold at least 2 regular meetings each year. The Agency 31 shall provide the Committee with any supporting services that 32 the Director and the Chairperson may designate. Members of 33 the Committee shall be reimbursed for ordinary and necessary 34 expenses incurred in the performance of their duties. The SB394 Engrossed -8- LRB9204377LBcsA 1 Committee shall have the following duties: 2 (1) To consider any alternative assessment 3 schedules submitted by the Agency pursuant to subsection 4 (c) of this Section; 5 (2) To review and evaluate the financial 6 implications of current and future State and federal 7 requirements for certification of environmental 8 laboratories; 9 (3) To review and evaluate management and financial 10 audit reports relating to the certification program and 11 to make recommendations regarding the Agency's efforts to 12 implement alternative assessment schedules; 13 (4) To consider appropriate means for long-term 14 financial support of the laboratory certification program 15 and to make recommendations to the Agency regarding a 16 preferred approach; 17 (5) To provide technical review and evaluation of 18 the laboratory certification program; 19 (6) To hold regular and special meetings at a time 20 and place designated by the Director or the Chairperson 21 of the Committee; and 22 (7) To conduct any other activities as may be 23 deemed appropriate by the Director. 24 (Source: P.A. 89-368, eff. 1-1-96.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.