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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2785 Introduced 2/19/2021, by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: | | |
Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes the provisions of Executive Order 3 (2017) concerning transfers from the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Transfers various powers, duties, rights, and responsibilities of the Office of Energy and Recycling under the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Makes corresponding changes throughout the statutes. Provides that the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is repealed on December 31, 2025 (rather than 2021). Effective immediately.
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Executive Order 3 (2017) Implementation Act. |
6 | | Section 5. Effect. This Act, including all of the |
7 | | amendatory provisions of this Act, implements and supersedes |
8 | | the provisions of Executive Order 3 (2017) concerning the |
9 | | transfer of rights, powers, duties, responsibilities, |
10 | | employees, property, funds, and functions from the Department |
11 | | of Commerce and Economic Opportunity to the Environmental |
12 | | Protection Agency. |
13 | | Section 10. Functions transferred. Except as provided in |
14 | | Section 15, on the effective date of this Act or as soon |
15 | | thereafter as practical, those powers, duties, rights, |
16 | | responsibilities, and functions of the Office of Energy and |
17 | | Recycling under the Department of Commerce and Economic |
18 | | Opportunity that are referenced in this Act are transferred to |
19 | | the Environmental Protection Agency as provided in this Act. |
20 | | All of the general powers reasonably necessary and convenient |
21 | | to implement and administer those functions of the Office of |
22 | | Energy and Recycling transferred by this Act are vested in and |
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1 | | shall be exercised by the Environmental Protection Agency. |
2 | | Section 15. Functions not transferred. The functions |
3 | | associated with the Office of Energy and Recycling that are |
4 | | transferred to the Environmental Protection Agency under |
5 | | Section 10 do not include any one or more of the following:
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6 | | (1) electric energy efficiency programs administered |
7 | | by the Department of Commerce and Economic Opportunity |
8 | | under Section 8-103 of the Public Utilities Act; |
9 | | (2) natural gas efficiency programs administered by |
10 | | the Department of Commerce and Economic Opportunity under |
11 | | Section 8-104 of the Public Utilities Act; or |
12 | | (3) any functions of the Office of Energy and |
13 | | Recycling not transferred to the Environmental Protection |
14 | | Agency by this Act. |
15 | | Section 20. Representation on boards or other entities. |
16 | | With respect to the Department of Commerce and Economic |
17 | | Opportunity, the transfers under this Act shall not affect: |
18 | | (1) the composition of any multi-member board, |
19 | | commission, or authority, unless otherwise provided in |
20 | | this Act; |
21 | | (2) the manner in which any official is appointed, |
22 | | except that when any provision of an Executive Order or |
23 | | Act provides for the membership of the Department of |
24 | | Commerce and Economic Opportunity on any council, |
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1 | | commission, board, or other entity in relation to any |
2 | | function of the Office of Energy and Recycling transferred |
3 | | to the Environmental Protection Agency under this Act, the |
4 | | Director of the Environmental Protection Agency or his or |
5 | | her designee shall serve in that place; if more than one |
6 | | such person is required by law to serve on any council, |
7 | | commission, board, or other entity, then an equivalent |
8 | | number of representatives of the Environmental Protection |
9 | | Agency shall so serve; |
10 | | (3) whether the nomination or appointment of any |
11 | | official is subject to the advice and consent of the |
12 | | Senate; |
13 | | (4) any eligibility or qualification requirements |
14 | | pertaining to service as an official; or |
15 | | (5) the service or term of any incumbent official |
16 | | serving as of the effective date of this Act. |
17 | | Section 25. Personnel transferred. Personnel and positions |
18 | | within the Department of Commerce and Economic Opportunity |
19 | | that are engaged in the performance of functions of the Office |
20 | | of Energy and Recycling transferred to the Environmental |
21 | | Protection Agency under this Act are transferred to and shall |
22 | | continue their service within the Environmental Protection |
23 | | Agency. The status and rights of those employees under the |
24 | | Personnel Code shall not be affected by this Act. The rights of |
25 | | the employees and the State of Illinois and its agencies under |
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1 | | the Personnel Code and applicable collective bargaining |
2 | | agreements or under any pension, retirement, or annuity plan |
3 | | shall not be affected by this Act. |
4 | | Section 30. Books and records transferred. All books, |
5 | | records, papers, documents, property (real and personal), |
6 | | contracts, causes of action, and pending business, pertaining |
7 | | to the powers, duties, rights, and responsibilities |
8 | | transferred to the Environmental Protection Agency under this |
9 | | Act, including, but not limited to, material in electronic or |
10 | | magnetic format and necessary computer hardware and software, |
11 | | shall be transferred to the Environmental Protection Agency. |
12 | | Section 35. Successor agency; unexpended moneys |
13 | | transferred. With respect to the functions of the Office of |
14 | | Energy and Recycling transferred under this Act, the |
15 | | Environmental Protection Agency is the successor agency to the |
16 | | Department of Commerce and Economic Opportunity under the |
17 | | Successor Agency Act and Section 9b of the State Finance Act. |
18 | | All unexpended appropriations and balances and other funds |
19 | | available for use by the Office of Energy and Recycling shall, |
20 | | pursuant to the direction of the Governor, be transferred for |
21 | | use by the Environmental Protection Agency in accordance with |
22 | | this Act. Unexpended balances so transferred shall be expended |
23 | | by the Environmental Protection Agency only for the purpose |
24 | | for which the appropriations were originally made. |
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1 | | Section 40. Reports, notices, or papers. Whenever reports |
2 | | or notices are required to be made or given or papers or |
3 | | documents furnished or served by any person to or upon the |
4 | | Department of Commerce and Economic Opportunity in connection |
5 | | with any of the powers, duties, rights, or responsibilities |
6 | | transferred by this Act to the Environmental Protection |
7 | | Agency, the same shall instead be made, given, furnished, or |
8 | | served in the same manner to or upon the Environmental |
9 | | Protection Agency.
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10 | | Section 45. Rules. |
11 | | (a) Any rules that (1) relate to the functions of the |
12 | | Office of Energy and Recycling transferred to the |
13 | | Environmental Protection Agency by this Act, (2) are in full |
14 | | force on the effective date of this Act, and (3) have been duly |
15 | | adopted by the Department of Commerce and Economic Opportunity |
16 | | shall become the rules of the Environmental Protection Agency. |
17 | | This Act does not affect the legality of any such rules in the |
18 | | Illinois Administrative Code. |
19 | | (b) Any proposed rule filed with the Secretary of State by |
20 | | the Department of Commerce and Economic Opportunity that |
21 | | pertains to the functions of the Office of Energy and |
22 | | Recycling transferred to the Environmental Protection Agency |
23 | | by this Act, and that is pending in the rulemaking process on |
24 | | the effective date of this Act shall be deemed to have been |
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1 | | filed by the Environmental Protection Agency. |
2 | | (c) On and after the effective date of this Act, the |
3 | | Environmental Protection Agency may propose and adopt, under |
4 | | the Illinois Administrative Procedure Act, other rules that |
5 | | relate to the functions of the Office of Energy and Recycling |
6 | | transferred to the Environmental Protection Agency by this |
7 | | Act.
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8 | | Section 50. Rights, obligations, and duties unaffected by |
9 | | transfer. The transfer of powers, duties, rights, and |
10 | | responsibilities to the Environmental Protection Agency under |
11 | | this Act does not affect any person's rights, obligations, or |
12 | | duties, including any civil or criminal penalties applicable |
13 | | thereto, arising out of those transferred powers, duties, |
14 | | rights, and responsibilities. |
15 | | Section 55. Acts and actions unaffected by transfer. |
16 | | (a) This Act does not affect any act done, ratified, or |
17 | | canceled, or any right accruing or established, before the |
18 | | effective date of Executive Order 3 (2017) in connection with |
19 | | any function of the Office of Energy and Recycling transferred |
20 | | under this Act. |
21 | | This Act does not affect any action or proceeding had or |
22 | | commenced before the effective date of Executive Order 3 |
23 | | (2017) in an administrative, civil, or criminal cause |
24 | | regarding a function of the Office of Energy and Recycling |
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1 | | transferred from the Department of Commerce and Economic |
2 | | Opportunity, but any such action or proceeding may be |
3 | | defended, prosecuted, or continued by the Environmental |
4 | | Protection Agency. |
5 | | Section 60. Exercise of transferred powers; savings |
6 | | provisions. The powers, duties, rights, and responsibilities |
7 | | related to the functions of the Office of Energy and Recycling |
8 | | transferred under this Act are vested in and shall be |
9 | | exercised by the Environmental Protection Agency. Each act |
10 | | done in the exercise of those powers, duties, rights, and |
11 | | responsibilities shall have the same legal effect as if done |
12 | | by the Department of Commerce and Economic Opportunity or its |
13 | | divisions, officers, or employees. |
14 | | Section 900. The Electric Vehicle Act is amended by |
15 | | changing Section 15 as follows: |
16 | | (20 ILCS 627/15)
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17 | | Sec. 15. Electric Vehicle Coordinator. The Governor shall |
18 | | appoint a person within the Environmental Protection Agency |
19 | | Department of Commerce and Economic Opportunity to serve as |
20 | | the Electric Vehicle Coordinator for the State of Illinois. |
21 | | This person may be an existing employee with other duties. The |
22 | | Coordinator shall act as a point person for electric vehicle |
23 | | related policies and activities in Illinois.
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1 | | (Source: P.A. 97-89, eff. 7-11-11.) |
2 | | Section 910. The Renewable Energy, Energy Efficiency, and |
3 | | Coal Resources
Development Law of 1997 is amended by changing |
4 | | Sections 6-3, 6-4, 6-5, 6-5.5, 6-6, and 6-7 as follows:
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5 | | (20 ILCS 687/6-3)
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6 | | (Section scheduled to be repealed on December 31, 2021)
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7 | | Sec. 6-3. Renewable energy resources program.
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8 | | (a) The Environmental Protection Agency Department of |
9 | | Commerce and Economic Opportunity , to
be called the |
10 | | "Department" hereinafter in this Law, shall
administer the |
11 | | Renewable Energy Resources Program to provide
grants, loans, |
12 | | and other incentives to foster investment in
and the |
13 | | development and use of renewable energy resources.
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14 | | (b) The Agency may, by administrative rule, Department |
15 | | shall establish and adjust eligibility criteria
for grants, |
16 | | loans, and other incentives to foster investment
in and the |
17 | | development and use of renewable energy resources.
These |
18 | | criteria shall be reviewed annually and adjusted as
necessary. |
19 | | The criteria should promote the goal of fostering
investment |
20 | | in and the development and use, in Illinois, of
renewable |
21 | | energy resources.
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22 | | (c) The Agency may Department shall accept applications |
23 | | for grants,
loans, and other incentives to foster investment |
24 | | in and the
development and use of renewable energy resources.
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1 | | (d) To the extent that funds are available and
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2 | | appropriated, the Agency Department shall provide grants, |
3 | | loans, and
other incentives to applicants
that meet the |
4 | | criteria specified by the Agency Department .
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5 | | (e) (Blank). The Department shall conduct an annual study |
6 | | on the
use and availability of renewable energy resources in
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7 | | Illinois. Each year, the Department shall submit a report on
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8 | | the study to the General Assembly. This report shall include
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9 | | suggestions for legislation which will encourage the
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10 | | development and use of renewable energy resources.
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11 | | (f) As used in this Law, "renewable energy resources" |
12 | | includes energy from
wind, solar thermal energy, photovoltaic
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13 | | cells and panels, dedicated crops
grown for energy production |
14 | | and organic waste biomass, hydropower that does not
involve |
15 | | new construction or significant expansion of hydropower dams, |
16 | | and other
such alternative sources of environmentally |
17 | | preferable energy.
"Renewable energy resources" does not |
18 | | include, however, energy from the
incineration or burning of |
19 | | waste wood, tires, garbage, general
household, institutional |
20 | | and commercial waste, industrial lunchroom or office
waste, |
21 | | landscape waste, or construction or demolition debris.
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22 | | (g) There is created the Energy Efficiency Investment Fund |
23 | | as a special
fund
in the State Treasury, to be administered by |
24 | | the Agency Department to support the
development of |
25 | | technologies for wind, biomass, and solar power in Illinois.
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26 | | The Agency
Department may accept private and public funds, |
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1 | | including federal funds, for
deposit into the Fund.
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2 | | (Source: P.A. 94-793, eff. 5-19-06; 95-913, eff. 1-1-09 .)
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3 | | (20 ILCS 687/6-4)
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4 | | (Section scheduled to be repealed on December 31, 2021)
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5 | | Sec. 6-4. Renewable Energy Resources Trust Fund.
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6 | | (a) A fund to be called the Renewable Energy Resources
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7 | | Trust Fund is hereby established in the State Treasury.
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8 | | (b) The Renewable Energy Resources Trust Fund shall be
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9 | | administered by the Agency Department to provide grants, |
10 | | loans, and
other incentives to foster investment in and the |
11 | | development
and use of renewable energy resources as provided |
12 | | in Section
6-3 of this Law or pursuant to the Illinois |
13 | | Renewable Fuels Development Program Act.
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14 | | (c) All funds used by the Agency Department for the |
15 | | Renewable
Energy Resources Program shall be subject to |
16 | | appropriation by
the General Assembly.
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17 | | (Source: P.A. 94-839, eff. 6-6-06 .)
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18 | | (20 ILCS 687/6-5)
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19 | | (Section scheduled to be repealed on December 31, 2021)
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20 | | Sec. 6-5. Renewable Energy Resources and Coal Technology
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21 | | Development Assistance Charge. |
22 | | (a) Notwithstanding the provisions of Section 16-111 of |
23 | | the Public
Utilities
Act but subject to subsection (e) of this |
24 | | Section,
each
public utility, electric cooperative, as defined |
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1 | | in Section 3.4 of the Electric
Supplier
Act, and municipal |
2 | | utility, as referenced in Section 3-105 of the Public
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3 | | Utilities Act,
that is engaged in the delivery of electricity |
4 | | or the distribution of natural
gas within
the State of |
5 | | Illinois shall, effective January 1, 1998, assess each of its
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6 | | customer
accounts a monthly Renewable Energy Resources and |
7 | | Coal Technology
Development Assistance Charge. The delivering |
8 | | public utility, municipal
electric or
gas utility, or electric |
9 | | or gas cooperative for a self-assessing purchaser
remains
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10 | | subject to the collection of the fee imposed by this Section. |
11 | | The monthly
charge
shall be as follows:
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12 | | (1) $0.05 per month on each account for residential
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13 | | electric service as defined in Section 13 of the Energy
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14 | | Assistance Act;
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15 | | (2) $0.05 per month on each account for residential
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16 | | gas service as defined in Section 13 of the
Energy |
17 | | Assistance Act;
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18 | | (3) $0.50 per month on each account for
nonresidential |
19 | | electric service, as defined in Section 13
of the Energy |
20 | | Assistance Act, which had less than 10
megawatts of peak |
21 | | demand during the previous calendar
year;
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22 | | (4) $0.50 per month on each account for
nonresidential |
23 | | gas service, as defined in Section 13 of
the Energy |
24 | | Assistance Act, which had distributed to it
less than |
25 | | 4,000,000
therms of gas during the previous calendar year;
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26 | | (5) $37.50 per month on each account for
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1 | | nonresidential electric service, as defined in Section 13
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2 | | of the Energy Assistance Act, which had 10 megawatts
or |
3 | | greater of peak demand during the previous calendar
year; |
4 | | and
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5 | | (6) $37.50 per month on each account for
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6 | | nonresidential gas service, as defined in Section 13 of
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7 | | the Energy Assistance Act, which had 4,000,000 or
more |
8 | | therms of gas distributed to it during the previous
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9 | | calendar year.
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10 | | (b) The Renewable Energy Resources and Coal Technology |
11 | | Development
Assistance
Charge assessed by electric and gas |
12 | | public utilities shall be considered a
charge
for public |
13 | | utility service.
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14 | | (c) Fifty percent of the moneys collected pursuant to
this |
15 | | Section shall be deposited in the Renewable Energy
Resources |
16 | | Trust Fund by the Department of Revenue. From those funds, |
17 | | $2,000,000 may be used annually by the Environmental |
18 | | Protection Agency Department to provide grants to the Illinois |
19 | | Green Economy Network for the purposes of funding education |
20 | | and training for renewable energy and energy efficiency |
21 | | technology and for the operation and services of the Illinois |
22 | | Green Economy Network. The remaining 50 percent
of the moneys
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23 | | collected pursuant to this Section shall be deposited in the
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24 | | Coal Technology Development Assistance Fund by the Department |
25 | | of Revenue
for the exclusive purposes of (1) capturing or |
26 | | sequestering carbon emissions produced by coal combustion; (2) |
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1 | | supporting research on the capture and sequestration of carbon |
2 | | emissions produced by coal combustion; and (3) improving coal |
3 | | miner safety.
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4 | | (d) By the 20th day of the month following the month in |
5 | | which the charges
imposed by this Section were collected, each |
6 | | utility
and alternative retail electric
supplier collecting |
7 | | charges
pursuant to this Section shall remit
to the Department |
8 | | of Revenue for deposit in the
Renewable Energy Resources Trust |
9 | | Fund and the Coal Technology Development
Assistance Fund all
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10 | | moneys received as payment of the charge provided for in this
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11 | | Section on a return prescribed and furnished by the Department |
12 | | of Revenue
showing such information as the Department of |
13 | | Revenue may reasonably require.
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14 | | If any payment provided for in this Section exceeds the |
15 | | utility or alternate retail electric supplier's liabilities |
16 | | under this Act, as shown on an original return, the utility or |
17 | | alternative retail electric supplier may credit the excess |
18 | | payment against liability subsequently to be remitted to the |
19 | | Department of Revenue under this Act. |
20 | | (e) The charges imposed by this Section shall only apply
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21 | | to customers of municipal electric or gas utilities and |
22 | | electric or gas
cooperatives if the municipal electric or gas |
23 | | utility or electric or
gas
cooperative makes an affirmative |
24 | | decision to impose the
charge.
If a municipal electric or gas |
25 | | utility or an electric or gas cooperative
makes an
affirmative |
26 | | decision to impose the charge provided by this Section, the
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1 | | municipal
electric or gas utility or electric or gas |
2 | | cooperative shall inform the
Department of
Revenue in writing |
3 | | of such decision when it begins to impose the charge.
If a |
4 | | municipal electric or gas utility or electric or gas
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5 | | cooperative does not assess this charge, its customers shall
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6 | | not be eligible for the Renewable Energy Resources Program.
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7 | | (f) The Department of Revenue may establish such rules as |
8 | | it deems
necessary to implement this Section.
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9 | | (Source: P.A. 100-402, eff. 8-25-17; 100-1171, eff. 1-4-19 .)
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10 | | (20 ILCS 687/6-5.5) |
11 | | (Section scheduled to be repealed on December 31, 2021) |
12 | | Sec. 6-5.5. Renewable energy grants. |
13 | | (a) Subject to appropriation, the Agency may Department |
14 | | shall establish and operate a renewable energy grant program |
15 | | to assist public schools and community colleges with |
16 | | engineering studies and feasibility studies and in training |
17 | | green economy technology and in the installation, acquisition, |
18 | | construction, and improvement of renewable energy resources, |
19 | | including without limitation smart grid technology, solar |
20 | | energy (such as solar panels), geothermal energy, and wind |
21 | | energy. |
22 | | (b) Application for a grant under this Section must be in |
23 | | the form and manner established by the Department. The schools |
24 | | and community colleges may accept private funds for their |
25 | | portion of the cost.
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1 | | (c) The Agency Department may adopt any rules that are |
2 | | necessary to carry out its responsibilities under this |
3 | | Section.
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4 | | (Source: P.A. 96-725, eff. 8-25-09; 97-72, eff. 7-1-11 .)
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5 | | (20 ILCS 687/6-6)
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6 | | (Section scheduled to be repealed on December 31, 2021)
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7 | | Sec. 6-6. Energy efficiency program.
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8 | | (a) For the year beginning January 1, 1998, and
thereafter |
9 | | as provided in this Section, each electric utility
as defined |
10 | | in Section 3-105 of the Public Utilities Act and each
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11 | | alternative retail electric supplier as defined in Section |
12 | | 16-102 of the
Public Utilities Act supplying
electric power |
13 | | and energy to retail customers located in the
State of |
14 | | Illinois shall contribute annually
a pro rata share of
a total |
15 | | amount of $3,000,000 based upon the number of
kilowatt-hours |
16 | | sold by each such entity in the 12 months
preceding the year of |
17 | | contribution. On or before May 1 of each year, the
Illinois |
18 | | Commerce Commission shall
determine and notify the Agency
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19 | | Department of Commerce and Economic Opportunity of the pro |
20 | | rata share
owed by each electric utility and each alternative |
21 | | retail electric supplier
based upon information supplied |
22 | | annually to the Illinois Commerce
Commission. On or before |
23 | | June 1 of each year, the Agency Department of Commerce and
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24 | | Economic Opportunity
shall
send written notification to each |
25 | | electric utility and each alternative retail
electric supplier |
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1 | | of the amount of pro rata share they owe.
These contributions |
2 | | shall
be remitted to the Department of Revenue on or before |
3 | | June 30 of each
year the contribution is due on a return |
4 | | prescribed and furnished by the
Department of Revenue showing |
5 | | such information as the Department of Revenue may
reasonably |
6 | | require. The funds received pursuant to this Section shall be |
7 | | subject to the
appropriation of funds by the General Assembly. |
8 | | The
Department of Revenue shall place the funds remitted under |
9 | | this Section
in a trust fund, that is hereby created in the |
10 | | State Treasury,
called the Energy Efficiency Trust Fund.
If an |
11 | | electric utility or alternative retail electric supplier does |
12 | | not remit
its
pro rata share to the Department of Revenue, the |
13 | | Department of Revenue
must inform the Illinois Commerce |
14 | | Commission of such failure. The Illinois
Commerce Commission |
15 | | may then revoke the certification of that electric
utility or |
16 | | alternative retail electric supplier. The Illinois Commerce
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17 | | Commission may not renew the certification of any electric |
18 | | utility or
alternative retail electric supplier that is |
19 | | delinquent in paying its pro
rata
share.
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20 | | (b) The Agency Department of Commerce and Economic |
21 | | Opportunity shall disburse the
moneys in the
Energy Efficiency |
22 | | Trust Fund to benefit residential electric customers
through |
23 | | projects which the Agency Department of Commerce and Economic |
24 | | Opportunity has
determined will
promote energy efficiency in |
25 | | the State of Illinois. The
Department of Commerce and Economic |
26 | | Opportunity shall establish a list of
projects eligible for
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1 | | grants from the Energy Efficiency Trust Fund including, but
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2 | | not limited to, supporting energy efficiency efforts for |
3 | | low-income households,
replacing energy inefficient windows |
4 | | with
more efficient windows, replacing energy inefficient
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5 | | appliances with more efficient appliances, replacing energy
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6 | | inefficient lighting with more efficient lighting, insulating
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7 | | dwellings and buildings, using market incentives to encourage |
8 | | energy
efficiency, and such other projects which will
increase |
9 | | energy efficiency in homes and rental properties.
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10 | | (c) The Agency may, by administrative rule, Department of |
11 | | Commerce and Economic Opportunity shall establish
criteria and |
12 | | an
application process for this grant program.
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13 | | (d) (Blank). The Department of Commerce and Economic |
14 | | Opportunity shall conduct a
study of other
possible energy |
15 | | efficiency improvements and evaluate methods
for promoting |
16 | | energy efficiency and conservation, especially
for the benefit |
17 | | of low-income customers.
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18 | | (e) (Blank). The Department of Commerce and Economic |
19 | | Opportunity shall submit an
annual report to the
General |
20 | | Assembly evaluating the effectiveness of the projects
and |
21 | | programs provided in this Section, and recommending
further |
22 | | legislation which will encourage additional
development and |
23 | | implementation of energy efficiency projects
and programs in |
24 | | Illinois and other actions that help to meet
the goals of this |
25 | | Section.
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26 | | (Source: P.A. 94-793, eff. 5-19-06 .)
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1 | | (20 ILCS 687/6-7)
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2 | | (Section scheduled to be repealed on December 31, 2021)
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3 | | Sec. 6-7. Repeal. The provisions of this Law are repealed |
4 | | on December 31, 2025 2021 .
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5 | | (Source: P.A. 101-639, eff. 6-12-20.)
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6 | | Section 915. The Illinois Renewable Fuels Development |
7 | | Program Act is amended by changing Sections 5, 10, 15, 25, and |
8 | | 30 as follows:
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9 | | (20 ILCS 689/5)
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10 | | Sec. 5. Findings and State policy. The General Assembly |
11 | | recognizes that
agriculture is a vital sector of the Illinois |
12 | | economy and that an important
growth industry
for the Illinois |
13 | | agricultural sector is renewable fuels production. Renewable
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14 | | fuels
produced from Illinois agricultural products hold great |
15 | | potential for growing
the State's
economy, reducing our |
16 | | dependence on foreign oil supplies, and improving the
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17 | | environment by reducing harmful emissions from vehicles. |
18 | | Illinois is the
nation's leading
producer of ethanol, a clean, |
19 | | renewable fuel with significant environmental
benefits. The
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20 | | General Assembly finds that reliable supplies of renewable |
21 | | fuels will be
integral to
the long term
energy security of the |
22 | | United States.
The General Assembly declares that it is the |
23 | | public policy of the
State of
Illinois to promote and |
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1 | | encourage the production and use of renewable fuels as
a means
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2 | | not only to improve air quality in the State and the nation, |
3 | | but also to grow
the
agricultural sector of the Illinois |
4 | | economy. To achieve these public
policy
objectives, the |
5 | | General Assembly hereby authorizes the creation and
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6 | | implementation of
the Illinois Renewable Fuels Development |
7 | | Program within the Agency Department .
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8 | | (Source: P.A. 93-15, eff. 6-11-03.)
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9 | | (20 ILCS 689/10)
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10 | | Sec. 10. Definitions. As used in this Act:
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11 | | "Agency" means the Environmental Protection Agency. |
12 | | "Biodiesel" means a renewable diesel fuel derived
from
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13 | | biomass that is intended for use in diesel engines.
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14 | | "Biodiesel blend" means a blend of biodiesel
with
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15 | | petroleum-based diesel fuel in which the resultant product |
16 | | contains no less
than 1% and
no more than 99% biodiesel.
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17 | | "Biomass" means non-fossil organic materials that have
an
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18 | | intrinsic chemical energy content. "Biomass" includes, but is |
19 | | not limited to,
soybean oil,
other vegetable oils, and |
20 | | ethanol.
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21 | | "Department" means the Department of Commerce and Economic |
22 | | Opportunity.
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23 | | "Diesel fuel" means any product intended for use
or
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24 | | offered for sale as a fuel for engines in which the fuel is |
25 | | injected into the
combustion
chamber and ignited by pressure |
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1 | | without electric spark.
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2 | | "Director" means the Director of the Agency Commerce and |
3 | | Economic Opportunity .
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4 | | "Ethanol" means a product produced from agricultural |
5 | | commodities or
by-products used as a fuel or to be blended with |
6 | | other fuels for use in motor
vehicles.
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7 | | "Fuel" means fuel as defined in Section 1.19 of the Motor |
8 | | Fuel Tax Law.
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9 | | "Gasohol" means motor fuel that is no more than 90% |
10 | | gasoline and
at least 10%
denatured ethanol that contains no |
11 | | more than 1.25% water by weight.
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12 | | "Gasoline" means all products commonly or
commercially |
13 | | known or sold as gasoline (including casing head and |
14 | | absorption or
natural gasoline).
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15 | | "Illinois agricultural product" means any agricultural |
16 | | commodity grown in
Illinois
that is used by a production |
17 | | facility to produce renewable fuel in Illinois,
including, but
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18 | | not limited to, corn, barley, and soy beans.
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19 | | "Labor Organization"
means any organization defined as a |
20 | | "labor organization" under Section 2 of
the National Labor |
21 | | Relations Act (29 U.S.C. 152).
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22 | | "Majority blended ethanol fuel"
means motor fuel that
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23 | | contains no less than 70% and no more than 90% denatured |
24 | | ethanol and no less
than 10% and no more than 30% gasoline.
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25 | | "Motor vehicles" means motor vehicles as defined in the |
26 | | Illinois Vehicle Code
and watercraft propelled by an internal |
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1 | | combustion engine.
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2 | | "Owner" means any individual, sole proprietorship, limited |
3 | | partnership,
co-partnership, joint venture, corporation, |
4 | | cooperative, or other legal
entity, including its agents, that |
5 | | operates or
will operate a
plant located within the State of |
6 | | Illinois.
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7 | | "Plant" means a production facility that produces a |
8 | | renewable fuel. "Plant"
includes land, any building or other |
9 | | improvement on or to land, and any
personal
properties deemed |
10 | | necessary or suitable for use, whether or not now in
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11 | | existence, in the
processing of fuel from agricultural |
12 | | commodities or by-products.
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13 | | "Renewable fuel" means ethanol, gasohol, majority blended |
14 | | ethanol fuel,
biodiesel
blend fuel,
and biodiesel.
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15 | | (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03; |
16 | | 94-793, eff. 5-19-06.)
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17 | | (20 ILCS 689/15)
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18 | | Sec. 15. Illinois Renewable Fuels Development Program.
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19 | | (a) The Agency may Department must develop and administer |
20 | | the Illinois Renewable Fuels
Development Program to assist in |
21 | | the construction, modification, alteration, or
retrofitting of |
22 | | renewable fuel plants in Illinois.
The recipient of a grant |
23 | | under
this Section
must:
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24 | | (1) be constructing, modifying, altering, or |
25 | | retrofitting a plant in the
State
of Illinois;
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1 | | (2) be constructing, modifying, altering, or |
2 | | retrofitting a plant that has
annual production capacity |
3 | | of no less than 5,000,000
gallons of renewable fuel
per |
4 | | year; and
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5 | | (3) enter into a project labor agreement as prescribed |
6 | | by Section 25 of
this
Act.
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7 | | (b) Grant applications must be made on forms provided by |
8 | | and in accordance
with
procedures established by the Agency |
9 | | Department .
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10 | | (c) The Agency Department must give preference to |
11 | | applicants that use Illinois
agricultural products in the |
12 | | production of renewable fuel at the plant for
which the
grant |
13 | | is being requested.
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14 | | (Source: P.A. 96-140, eff. 1-1-10.)
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15 | | (20 ILCS 689/25)
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16 | | Sec. 25. Project labor agreements.
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17 | | (a) The project labor agreement must include the |
18 | | following:
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19 | | (1) provisions establishing the minimum hourly wage |
20 | | for each class of
labor organization employee;
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21 | | (2) provisions establishing the benefits and other |
22 | | compensation for each
class of labor organization |
23 | | employee; and
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24 | | (3) provisions establishing that no strike or disputes |
25 | | will be engaged in
by
the labor organization employees.
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1 | | The owner of the plant and the labor organizations shall have |
2 | | the authority to
include
other terms and conditions as they |
3 | | deem necessary.
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4 | | (b) The project labor agreement shall be filed with the |
5 | | Director in
accordance
with procedures established by the |
6 | | Agency Department . At a minimum, the project labor
agreement |
7 | | must provide the names, addresses, and occupations of the |
8 | | owner of
the plant
and the individuals representing the labor |
9 | | organization employees participating
in the
project labor |
10 | | agreement. The agreement must also specify the terms and
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11 | | conditions
required in subsection (a).
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12 | | (Source: P.A. 93-15, eff. 6-11-03.)
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13 | | (20 ILCS 689/30)
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14 | | Sec. 30. Administration of the Act; rules. The Agency may |
15 | | Department shall
administer
this Act and shall adopt any rules |
16 | | necessary for that purpose.
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17 | | (Source: P.A. 93-15, eff. 6-11-03.)
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18 | | Section 920. The Energy Conservation and Coal Development |
19 | | Act is amended by changing Sections 1 and 3 as follows:
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20 | | (20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
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21 | | Sec. 1. Definitions; transfer of duties.
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22 | | (a) For the purposes of this Act, unless the context |
23 | | otherwise requires:
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1 | | "Department" means the Department of Commerce and |
2 | | Economic Opportunity.
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3 | | "Director" means the Director of Commerce and Economic |
4 | | Opportunity.
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5 | | (b) As provided in Section 80-20 of the Department of |
6 | | Natural Resources
Act, the Department of Commerce and |
7 | | Community Affairs (now Department of Commerce and Economic |
8 | | Opportunity)
shall assume the rights,
powers, and duties of |
9 | | the former Department of Energy and Natural Resources
under |
10 | | this Act, except as those rights, powers, and duties are |
11 | | otherwise
allocated or transferred by this amendatory Act of |
12 | | the 102nd General Assembly or any other law.
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13 | | (Source: P.A. 94-793, eff. 5-19-06.)
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14 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
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15 | | Sec. 3. Powers and duties.
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16 | | (a) In addition to its other powers, the Environmental |
17 | | Protection Agency Department has the following
powers:
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18 | | (1) To administer for the State any energy programs |
19 | | and activities
under federal law, regulations or |
20 | | guidelines, and to coordinate such
programs and activities |
21 | | with other State agencies, units of local
government, and |
22 | | educational institutions.
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23 | | (2) To represent the State in energy matters involving |
24 | | the federal
government, other states, units of local |
25 | | government, and regional
agencies. |
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1 | | (3) To prepare energy assurance contingency plans for |
2 | | consideration by the
Governor and the General Assembly. |
3 | | Such plans may shall include procedures
for determining |
4 | | when a foreseeable danger exists of energy shortages,
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5 | | including shortages of petroleum, coal, nuclear power, |
6 | | natural gas, and
other forms of energy, and may shall |
7 | | specify the actions to be taken to
minimize hardship and |
8 | | maintain the general welfare during such energy
shortages.
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9 | | (4) To cooperate with State colleges and universities |
10 | | and their
governing boards in energy programs and |
11 | | activities.
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12 | | (5) (Blank).
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13 | | (6) To accept, receive, expend, and administer, |
14 | | including by
contracts and grants to other State agencies, |
15 | | any energy-related gifts,
grants, cooperative agreement |
16 | | funds, and other funds made available to
the Agency |
17 | | Department by the federal government and other public and |
18 | | private
sources , as well as any of those funds made |
19 | | available to the Department before the effective date of |
20 | | this amendatory Act of the 102nd General Assembly . |
21 | | (7) To assist the Department of Central Management |
22 | | Services in establishing and maintaining a system to |
23 | | analyze and report energy consumption of facilities leased |
24 | | by the Department of Central Management Services.
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25 | | (a-5) In addition to its other powers, the Department has |
26 | | the following powers: |
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1 | | (1) (7) To investigate practical problems, seek and |
2 | | utilize financial
assistance, implement studies and |
3 | | conduct research relating to the
production, distribution |
4 | | and use of alcohol fuels.
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5 | | (2) (8) To serve as a clearinghouse for information on |
6 | | alcohol production
technology; provide assistance, |
7 | | information and data relating to the production
and use of |
8 | | alcohol; develop informational packets and brochures, and |
9 | | hold
public seminars to encourage the development and |
10 | | utilization of the best
available technology.
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11 | | (3) (9) To coordinate with other State agencies in |
12 | | order to promote the
maximum flow of information and to |
13 | | avoid unnecessary overlapping of alcohol
fuel programs. In |
14 | | order to effectuate this goal, the Director of the
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15 | | Department or his representative shall consult with the |
16 | | Directors, or their
representatives, of the Departments of |
17 | | Agriculture, Central Management
Services, Transportation, |
18 | | and Revenue, the
Office of the State Fire Marshal, and the |
19 | | Environmental Protection Agency.
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20 | | (4) (10) To operate, within the Department, an Office |
21 | | of Coal Development
and Marketing for the promotion and |
22 | | marketing of Illinois coal both
domestically and |
23 | | internationally. The Department may use monies |
24 | | appropriated
for this purpose for necessary administrative |
25 | | expenses.
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26 | | The
Office of Coal Development and Marketing shall |
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1 | | develop and implement an
initiative to assist the coal |
2 | | industry in Illinois to increase its share of the
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3 | | international coal market.
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4 | | (5) (11) To assist the Department of Central |
5 | | Management Services in
establishing and maintaining a |
6 | | system to analyze and report energy
consumption of |
7 | | facilities leased by the Department of Central Management
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8 | | Services.
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9 | | (6) (12) To consult with the Department Departments of |
10 | | Natural Resources and
Transportation and the Illinois |
11 | | Environmental
Protection Agency for the purpose of |
12 | | developing methods and standards that
encourage the |
13 | | utilization of coal combustion by-products as value added
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14 | | products in productive and benign applications.
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15 | | (7) (13) To provide technical assistance and |
16 | | information to
sellers and distributors of storage hot |
17 | | water heaters doing business in
Illinois , pursuant to |
18 | | Section 1 of the Hot Water Heater Efficiency Act .
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19 | | (b) (Blank).
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20 | | (c) (Blank).
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21 | | (d) The Agency Department shall develop a package of |
22 | | educational materials
containing information regarding the |
23 | | necessity of waste reduction and recycling to reduce
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24 | | dependence on landfills and to maintain environmental quality. |
25 | | The Agency
Department shall make this information available to |
26 | | the public on its website and for schools to access for their |
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1 | | development of materials. Those materials shall be suitable |
2 | | for instructional use in grades 3, 4
and 5.
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3 | | (e) (Blank).
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4 | | (f) (Blank).
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5 | | (g) (Blank).
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6 | | (h) (Blank).
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7 | | (i) (Blank).
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8 | | (Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
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9 | | Section 925. The Energy Conservation Act is amended by |
10 | | changing Section 4 as follows:
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11 | | (20 ILCS 1115/4) (from Ch. 96 1/2, par. 7604)
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12 | | Sec. 4. Technical Assistance Programs.
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13 | | (a) The Environmental Protection Agency may Department of |
14 | | Commerce and Economic Opportunity shall provide to a unit of |
15 | | local government, upon request by the unit, technical
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16 | | assistance in the development of energy efficiency standards, |
17 | | including, but not limited to, thermal efficiency standards |
18 | | and lighting
efficiency standards to units of local |
19 | | government, upon request by such unit .
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20 | | (b) (Blank). The Department shall provide technical |
21 | | assistance in the development of
a program for energy |
22 | | efficiency in procurement to units of local government,
upon |
23 | | request by such unit.
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24 | | (c) The Technical Assistance Programs provided in this |
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1 | | Section shall be
supported by funds provided to the State |
2 | | pursuant to the federal "Energy
Policy and Conservation Act of |
3 | | 1975" or other federal acts that provide
funds for energy |
4 | | conservation efforts through the use of building codes.
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5 | | (Source: P.A. 94-793, eff. 5-19-06.)
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6 | | (20 ILCS 1115/5 rep.) |
7 | | Section 930. The Energy Conservation Act is amended by |
8 | | repealing Section 5. |
9 | | Section 935. The Energy
Efficient Building Act is amended |
10 | | by changing Sections 10, 15, 25, and 30 as follows: |
11 | | (20 ILCS 3125/10) |
12 | | Sec. 10. Definitions.
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13 | | "Agency" means the Environmental Protection Agency. |
14 | | "Board" means the Capital Development Board.
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15 | | "Building" includes both residential buildings and |
16 | | commercial buildings.
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17 | | "Code" means the latest published edition of the |
18 | | International Code Council's International Energy Conservation |
19 | | Code as adopted by the Board, including any published |
20 | | supplements adopted by the Board and any amendments and |
21 | | adaptations to the Code that are made by the
Board.
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22 | | "Commercial building" means any building except a building |
23 | | that is a residential building, as defined in this Section. |
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1 | | "Department" means the Department of Commerce and Economic |
2 | | Opportunity. |
3 | | "Municipality" means any city, village, or incorporated |
4 | | town.
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5 | | "Residential building" means (i) a detached one-family or |
6 | | 2-family dwelling or (ii) any building that is 3 stories or |
7 | | less in height above grade that contains multiple dwelling |
8 | | units, in which the occupants reside on a primarily permanent |
9 | | basis, such as a townhouse, a row house, an apartment house, a |
10 | | convent, a monastery, a rectory, a fraternity or sorority |
11 | | house, a dormitory, and a rooming house; provided, however, |
12 | | that when applied to a building located within the boundaries |
13 | | of a municipality having a population of 1,000,000 or more, |
14 | | the term "residential building" means a building containing |
15 | | one or more dwelling units, not exceeding 4 stories above |
16 | | grade, where occupants are primarily permanent.
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17 | | (Source: P.A. 101-144, eff. 7-26-19 .) |
18 | | (20 ILCS 3125/15)
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19 | | Sec. 15. Energy Efficient Building Code. The Board, in |
20 | | consultation with the Agency Department , shall adopt the Code |
21 | | as minimum
requirements for commercial buildings, applying to |
22 | | the construction of, renovations to, and additions to all |
23 | | commercial buildings in the State. The Board, in consultation |
24 | | with the Agency Department , shall also adopt the Code as the |
25 | | minimum and maximum requirements for residential buildings, |
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1 | | applying to the construction of all residential buildings in |
2 | | the State, except as provided for in Section 45 of this Act. |
3 | | The Board may
appropriately adapt the International Energy |
4 | | Conservation Code to apply to the
particular economy, |
5 | | population distribution, geography, and climate of the
State |
6 | | and construction therein, consistent with the public policy
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7 | | objectives of this Act.
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8 | | (Source: P.A. 96-778, eff. 8-28-09.) |
9 | | (20 ILCS 3125/25)
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10 | | Sec. 25. Technical assistance.
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11 | | (a) The Agency Department shall make available to |
12 | | builders, designers, engineers, and
architects implementation |
13 | | materials and training to explain the requirements of the
Code |
14 | | and describe methods of compliance
acceptable to Code |
15 | | Enforcement Officials.
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16 | | (b) The materials shall include software tools, simplified |
17 | | prescriptive
options, and other materials as appropriate. The |
18 | | simplified materials shall be
designed for projects in which a |
19 | | design professional may not be involved.
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20 | | (c) The Agency Department shall provide local |
21 | | jurisdictions with technical assistance
concerning |
22 | | implementation and enforcement of the
Code.
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23 | | (Source: P.A. 97-1033, eff. 8-17-12.) |
24 | | (20 ILCS 3125/30)
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1 | | Sec. 30. Enforcement. The
Board, in consultation with the |
2 | | Agency Department , shall
determine
procedures for compliance |
3 | | with the Code. These procedures
may include but need not be
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4 | | limited to certification by a national, State, or local |
5 | | accredited energy
conservation program or inspections from |
6 | | private Code-certified inspectors
using the Code.
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7 | | (Source: P.A. 93-936, eff. 8-13-04.) |
8 | | Section 940. The Green Governments Illinois Act is amended |
9 | | by changing Section 20 as follows: |
10 | | (20 ILCS 3954/20)
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11 | | Sec. 20. Responsibilities of the Council. The Council is |
12 | | responsible for the development and dissemination of programs, |
13 | | plans, and policies to reduce the environmental footprint of |
14 | | State government and for improving the implementation of |
15 | | greening the government initiatives in other institutions, |
16 | | thereby reducing costs to taxpayers and improving efficiency |
17 | | in operations. The Council shall convene on a quarterly basis |
18 | | and shall be responsible for the following: |
19 | | (a) Establishing long-term environmental |
20 | | sustainability goals that the State will strive to achieve |
21 | | within a period of 3, 5, and 10 years to improve the energy |
22 | | and environmental performance of State buildings, |
23 | | consistent with efficiency and economic objectives. These |
24 | | goals shall, at a minimum, include the following: |
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1 | | broad-based performance goals for energy efficiency; use |
2 | | of renewable fuels; water conservation; green purchasing; |
3 | | paper consumption; and solid waste generation. These goals |
4 | | can be met through increased efficiency, operational |
5 | | changes, and improved maintenance and use of |
6 | | cost-effective alternative technologies, raw materials, |
7 | | and fuels. |
8 | | The Council shall: |
9 | | (1) communicate the environmental sustainability |
10 | | goals to all State agencies; |
11 | | (2) establish an electronic system to track and |
12 | | report on environmental progress; |
13 | | (3) monitor improvement activities; and |
14 | | (4) propose new goals as appropriate. |
15 | | (b) Coordinating an awards program that recognizes |
16 | | units of State and local government and educational |
17 | | institutions for developing, adopting, and implementing |
18 | | innovative or exemplary environmental sustainability plans |
19 | | in conformance with this Act. |
20 | | (c) Creating specific guidance materials for State |
21 | | agencies, educational institutions, and units of local |
22 | | government on how to integrate environmental |
23 | | sustainability into existing management systems, planning, |
24 | | and operational practices, while still providing necessary |
25 | | services and ensuring efficient and effective operations. |
26 | | These guidance materials must include a list of |
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1 | | environmental and energy best practices, case studies, |
2 | | policy language, model plans, and other resource |
3 | | information. These materials must be made available on a |
4 | | website devoted to the Green Governments Illinois program.
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5 | | (d) Developing and implementing, to the extent |
6 | | fiscally feasible, training programs designed to instill |
7 | | the importance and value of environmental sustainability.
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8 | | (e) Providing new ways for State government to build |
9 | | markets for environmentally preferable products and |
10 | | services without compromising price, competition, and |
11 | | availability. The Council shall initially focus on |
12 | | integrated pest management, bio-based products, recycled |
13 | | content paper, energy efficiency, renewable energy, |
14 | | alternative fuel vehicles, and green cleaning supplies. |
15 | | Within existing resources, and within 60 days after the |
16 | | effective date of this amendatory Act of the 96th General |
17 | | Assembly, the Department of Central Management Services, |
18 | | with the approval of the council, shall designate a single |
19 | | point of contact for State agencies, suppliers, and other |
20 | | interested parties to contact regarding environmentally |
21 | | preferable purchasing issues. |
22 | | (f) Working collaboratively with State agencies, units |
23 | | of local government, educational institutions, and the |
24 | | legislative branches of government to promote |
25 | | benchmarking, commissioning, and retro-commissioning to |
26 | | make government and institutional buildings more |
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1 | | resource-efficient, energy efficient, and healthful public |
2 | | places. |
3 | | (g) Reviewing budgetary policy and making |
4 | | recommendations to the Governor on incentives for State |
5 | | agencies to undertake environmental improvements that |
6 | | result in long-term cost-savings, productivity |
7 | | enhancements, or other outcomes deemed appropriate to the |
8 | | State's sustainability goals. |
9 | | (h) Reporting annually to the Governor and the General |
10 | | Assembly on the results of environmental sustainability |
11 | | actions taken by State agencies, educational institutions |
12 | | and units of local government during the prior fiscal |
13 | | year. The report must include the environmental and |
14 | | economic benefits of the environmental sustainability |
15 | | actions, where feasible, the consumption of those actions, |
16 | | and provide recommendations for future environmental |
17 | | improvement activities during the following year. The |
18 | | report shall be filed by September 1, 2008, and November 1 |
19 | | of each subsequent year. |
20 | | (h-5) Participating in the proposal review and |
21 | | subgrant award processes conducted by the Environmental |
22 | | Protection Agency Department of Commerce and Economic |
23 | | Opportunity to distribute the portion of funds eligible |
24 | | for State government use under the federal Energy |
25 | | Independence and Security Act of 2007, H.R. 6, Title V, |
26 | | Subtitle E (Energy Efficiency and Conservation Block |
|
| | HB2785 | - 36 - | LRB102 13785 CPF 19135 b |
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|
1 | | Grants). A designee of the Governor shall also participate |
2 | | in these processes, and no subgrant may be awarded unless |
3 | | the Governor's designee first approves that subgrant. |
4 | | (i) The chairman of the Council shall determine |
5 | | whether or not the I-Cycle program is operating |
6 | | effectively and make recommendations concerning management |
7 | | of the I-Cycle program. The chairman has the authority to |
8 | | dissolve the I-Cycle program if the program is found to be |
9 | | ineffective.
|
10 | | (Source: P.A. 95-657, eff. 10-10-07; 96-74, eff. 7-24-09.) |
11 | | Section 945. The School Code is amended by changing |
12 | | Sections 10-20.19c and 34-18.15 as follows:
|
13 | | (105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
|
14 | | Sec. 10-20.19c. Recycled paper and paper products and |
15 | | solid waste management.
|
16 | | (a) Definitions. As used in this Section, the following |
17 | | terms shall
have the meanings indicated, unless the context |
18 | | otherwise requires:
|
19 | | "Deinked stock" means paper that has been processed to |
20 | | remove inks,
clays, coatings, binders and other contaminants.
|
21 | | "High grade printing and writing papers" includes offset |
22 | | printing
paper, duplicator paper, writing paper (stationery), |
23 | | tablet paper, office
paper, note pads, xerographic paper, |
24 | | envelopes, form bond including
computer paper and carbonless |
|
| | HB2785 | - 37 - | LRB102 13785 CPF 19135 b |
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|
1 | | forms, book papers, bond papers, ledger paper,
book stock and |
2 | | cotton fiber papers.
|
3 | | "Paper and paper products" means high grade printing and |
4 | | writing papers,
tissue products, newsprint, unbleached |
5 | | packaging and recycled paperboard.
|
6 | | "Postconsumer material" means only those products |
7 | | generated by a business
or consumer which have served their |
8 | | intended end uses, and which have been
separated or diverted |
9 | | from solid waste; wastes generated during the
production of an |
10 | | end product are excluded.
|
11 | | "Recovered paper material" means paper waste generated |
12 | | after the
completion of the papermaking process, such as |
13 | | postconsumer materials,
envelope cuttings, bindery trimmings, |
14 | | printing waste, cutting and
other converting waste, butt |
15 | | rolls, and mill wrappers, obsolete inventories,
and rejected |
16 | | unused stock. "Recovered paper material", however, does not
|
17 | | include fibrous waste generated during the manufacturing |
18 | | process such as
fibers recovered from waste water or trimmings |
19 | | of paper machine rolls (mill
broke), or fibrous byproducts of |
20 | | harvesting, extraction or woodcutting
processes, or forest |
21 | | residues such as bark.
|
22 | | "Recycled paperboard" includes paperboard products, |
23 | | folding cartons and
pad backings.
|
24 | | "Tissue products" includes toilet tissue, paper towels, |
25 | | paper napkins,
facial tissue, paper doilies, industrial |
26 | | wipers, paper bags and brown
papers. These products shall also |
|
| | HB2785 | - 38 - | LRB102 13785 CPF 19135 b |
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|
1 | | be unscented and shall not be colored.
|
2 | | "Unbleached packaging" includes corrugated and fiber |
3 | | storage boxes.
|
4 | | (a-5) Each school district shall periodically review its |
5 | | procurement procedures and specifications related to the |
6 | | purchase of products and supplies. Those procedures and |
7 | | specifications must be modified as necessary to require the |
8 | | school district to seek out products and supplies that contain |
9 | | recycled materials and to ensure that purchased products and |
10 | | supplies are reusable, durable, or made from recycled |
11 | | materials, if economically and practically feasible. In |
12 | | selecting products and supplies that contain recycled |
13 | | material, preference must be given to products and supplies |
14 | | that contain the highest amount of recycled material and that |
15 | | are consistent with the effective use of the product or |
16 | | supply, if economically and practically feasible. |
17 | | (b) Wherever economically and practically feasible, as |
18 | | determined by the
school board, the school board, all public |
19 | | schools and
attendance centers within a school district, and |
20 | | their school supply stores
shall procure recycled paper and |
21 | | paper products as follows:
|
22 | | (1) Beginning July 1, 2008, at least 10% of the total |
23 | | dollar value of
paper and paper products purchased by |
24 | | school boards, public schools and
attendance centers, and |
25 | | their school supply stores shall be recycled paper
and |
26 | | paper products.
|
|
| | HB2785 | - 39 - | LRB102 13785 CPF 19135 b |
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|
1 | | (2) Beginning July 1, 2011, at least 25% of the total |
2 | | dollar value of
paper and paper products purchased by |
3 | | school boards, public schools and
attendance centers, and |
4 | | their school supply stores shall be recycled paper
and |
5 | | paper products.
|
6 | | (3) Beginning July 1, 2014, at least 50% of the total |
7 | | dollar value of
paper and paper products purchased by |
8 | | school boards, public schools and
attendance centers, and |
9 | | their school supply stores shall be recycled paper
and |
10 | | paper products.
|
11 | | (4) Beginning July 1, 2020, at least 75% of the total |
12 | | dollar value of
paper and paper products purchased by |
13 | | school boards, public schools and
attendance centers, and |
14 | | their school supply stores shall be recycled paper
and |
15 | | paper products.
|
16 | | (5) Beginning upon the effective date of this |
17 | | amendatory Act of 1992,
all paper purchased by the board |
18 | | of education, public schools and attendance
centers for |
19 | | publication of student newspapers shall be recycled |
20 | | newsprint.
The amount purchased shall not be included in |
21 | | calculating the amounts
specified in paragraphs (1) |
22 | | through (4).
|
23 | | (c) Paper and paper products purchased from private sector |
24 | | vendors
pursuant to printing contracts are not considered |
25 | | paper and paper products
for the purposes of subsection (b), |
26 | | unless purchased under contract for
the printing of student |
|
| | HB2785 | - 40 - | LRB102 13785 CPF 19135 b |
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|
1 | | newspapers.
|
2 | | (d)(1) Wherever economically and practically feasible, the |
3 | | recycled
paper and paper products referred to in subsection |
4 | | (b) shall contain
postconsumer or recovered paper materials as |
5 | | specified by paper category in
this subsection:
|
6 | |
(i) Recycled high grade printing and writing paper |
7 | | shall contain at
least 50% recovered paper material. Such |
8 | | recovered paper material, until
July 1, 2008, shall |
9 | | consist of at least 20% deinked stock or postconsumer
|
10 | | material; and beginning July 1, 2008, shall consist of at |
11 | | least 25% deinked
stock or postconsumer material; and |
12 | | beginning July 1, 2010, shall consist of
at least 30% |
13 | | deinked stock or postconsumer material; and beginning July |
14 | | 1,
2012, shall consist of at least 40% deinked stock or |
15 | | postconsumer material;
and beginning July 1, 2014, shall |
16 | | consist of at least 50% deinked stock or
postconsumer |
17 | | material.
|
18 | |
(ii) Recycled tissue products, until July 1, 1994, |
19 | | shall contain at
least 25% postconsumer material; and |
20 | | beginning July 1, 1994, shall contain
at least 30% |
21 | | postconsumer material; and beginning July 1, 1996, shall
|
22 | | contain at least 35% postconsumer material; and beginning |
23 | | July 1, 1998,
shall contain at least 40% postconsumer |
24 | | material; and beginning July 1,
2000, shall contain at |
25 | | least 45% postconsumer material.
|
26 | |
(iii) Recycled newsprint, until July 1, 1994, shall |
|
| | HB2785 | - 41 - | LRB102 13785 CPF 19135 b |
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|
1 | | contain at
least 40% postconsumer material; and beginning |
2 | | July 1, 1994, shall contain
at least 50% postconsumer |
3 | | material; and beginning July 1, 1996, shall
contain at |
4 | | least 60% postconsumer material; and beginning July 1, |
5 | | 1998,
shall contain at least 70% postconsumer material; |
6 | | and beginning July 1,
2000, shall contain at least 80% |
7 | | postconsumer material.
|
8 | |
(iv) Recycled unbleached packaging, until July 1, |
9 | | 1994, shall contain at
least 35% postconsumer material; |
10 | | and beginning July 1, 1994, shall contain
at least 40% |
11 | | postconsumer material; and beginning July 1, 1996, shall
|
12 | | contain at least 45% postconsumer material; and beginning |
13 | | July 1, 1998,
shall contain at least 50% postconsumer |
14 | | material; and beginning July 1,
2000, shall contain at |
15 | | least 55% postconsumer material.
|
16 | |
(v) Recycled paperboard, until July 1, 1994, shall |
17 | | contain at
least 80% postconsumer material; and beginning |
18 | | July 1, 1994, shall contain
at least 85% postconsumer |
19 | | material; and beginning July 1, 1996, shall
contain at |
20 | | least 90% postconsumer material; and beginning July 1, |
21 | | 1998,
shall contain at least 95% postconsumer material.
|
22 | | (2) For the purposes of this Section, "postconsumer |
23 | | material" includes:
|
24 | | (i) paper, paperboard, and fibrous waste from |
25 | | retail stores, office
buildings, homes and so forth, |
26 | | after the waste has passed through its end
usage as a |
|
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|
1 | | consumer item, including used corrugated boxes, old |
2 | | newspapers,
mixed waste paper, tabulating cards, and |
3 | | used cordage; and
|
4 | | (ii) all paper, paperboard, and fibrous wastes |
5 | | that are diverted or
separated from the municipal |
6 | | waste stream.
|
7 | | (3) For the purposes of this Section, "recovered paper |
8 | | material" includes:
|
9 | | (i) postconsumer material;
|
10 | | (ii) dry paper and paperboard waste generated |
11 | | after completion of the
papermaking process (that is, |
12 | | those manufacturing operations up to and
including the |
13 | | cutting and trimming of the paper machine reel into |
14 | | smaller
rolls or rough sheets), including envelope |
15 | | cuttings, bindery trimmings, and
other paper and |
16 | | paperboard waste resulting from printing, cutting, |
17 | | forming
and other converting operations, or from bag, |
18 | | box and carton manufacturing,
and butt rolls, mill |
19 | | wrappers, and rejected unused stock; and
|
20 | | (iii) finished paper and paperboard from obsolete |
21 | | inventories of paper
and paperboard manufacturers, |
22 | | merchants, wholesalers, dealers, printers,
converters |
23 | | or others.
|
24 | | (e) Nothing in this Section shall be deemed to apply to art |
25 | | materials,
nor to any newspapers, magazines, text books, |
26 | | library books or other
copyrighted publications which are |
|
| | HB2785 | - 43 - | LRB102 13785 CPF 19135 b |
|
|
1 | | purchased or used by any school board or
any public school or |
2 | | attendance center within a school district, or which
are sold |
3 | | in any school supply store operated by or within any such |
4 | | school
or attendance center, other than newspapers written, |
5 | | edited or produced
by students enrolled in the school |
6 | | district, public school or attendance
center.
|
7 | | (e-5) Each school district shall periodically review its |
8 | | procedures on solid waste reduction regarding the management |
9 | | of solid waste generated by academic, administrative, and |
10 | | other institutional functions. Those waste reduction |
11 | | procedures must be designed to, when economically and |
12 | | practically feasible, recycle the school district's waste |
13 | | stream, including without limitation landscape waste, computer |
14 | | paper, and white office paper. School districts are encouraged |
15 | | to have procedures that provide for the investigation of |
16 | | potential markets for other recyclable materials that are |
17 | | present in the school district's waste stream. The waste |
18 | | reduction procedures must be designed to achieve, before July |
19 | | 1, 2020, at least a 50% reduction in the amount of solid waste |
20 | | that is generated by the school district. |
21 | | (f) The State Board of Education, in coordination with the |
22 | | Department Departments of
Central Management Services and |
23 | | Commerce and Economic Opportunity , may adopt such
rules and |
24 | | regulations as it deems necessary
to assist districts in |
25 | | carrying out the provisions of this Section.
|
26 | | (Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
|
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| | HB2785 | - 44 - | LRB102 13785 CPF 19135 b |
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1 | | (105 ILCS 5/34-18.15) (from Ch. 122, par. 34-18.15)
|
2 | | Sec. 34-18.15. Recycled paper and paper products and solid |
3 | | waste management.
|
4 | | (a) Definitions. As used in this Section, the following |
5 | | terms shall have
the meanings indicated, unless the context |
6 | | otherwise requires:
|
7 | | "Deinked stock" means paper that has been processed to |
8 | | remove inks,
clays, coatings, binders and other contaminants.
|
9 | | "High grade printing and writing papers" includes offset |
10 | | printing paper,
duplicator paper, writing paper (stationery), |
11 | | tablet paper, office paper,
note pads, xerographic paper, |
12 | | envelopes, form bond including computer
paper and carbonless |
13 | | forms, book papers, bond papers, ledger paper, book
stock and |
14 | | cotton fiber papers.
|
15 | | "Paper and paper products" means high grade printing and |
16 | | writing papers,
tissue products, newsprint, unbleached |
17 | | packaging and recycled paperboard.
|
18 | | "Postconsumer material" means only those products |
19 | | generated by a business
or consumer which have served their |
20 | | intended end uses, and which have been
separated or diverted |
21 | | from solid waste; wastes generated during the
production of an |
22 | | end product are excluded.
|
23 | | "Recovered paper material" means paper waste generated |
24 | | after the
completion of the papermaking process, such as |
25 | | postconsumer materials,
envelope cuttings, bindery trimmings, |
|
| | HB2785 | - 45 - | LRB102 13785 CPF 19135 b |
|
|
1 | | printing waste, cutting and
other converting waste, butt |
2 | | rolls, and mill wrappers, obsolete inventories,
and rejected |
3 | | unused stock. "Recovered paper material", however, does not
|
4 | | include fibrous waste generated during the manufacturing |
5 | | process as fibers
recovered from waste water or trimmings of |
6 | | paper machine rolls (mill
broke), or fibrous byproducts of |
7 | | harvesting, extraction or woodcutting
processes, or forest |
8 | | residues such as bark.
|
9 | | "Recycled paperboard" includes paperboard products, |
10 | | folding cartons
and pad backings.
|
11 | | "Tissue products" includes toilet tissue, paper towels, |
12 | | paper napkins,
facial tissue, paper doilies, industrial |
13 | | wipers, paper bags and brown
papers. These products shall also |
14 | | be unscented and shall not be colored.
|
15 | | "Unbleached packaging" includes corrugated and fiber |
16 | | storage boxes.
|
17 | | (a-5) The school district shall periodically review its |
18 | | procurement procedures and specifications related to the |
19 | | purchase of products and supplies. Those procedures and |
20 | | specifications must be modified as necessary to require the |
21 | | school district to seek out products and supplies that contain |
22 | | recycled materials and to ensure that purchased products and |
23 | | supplies are reusable, durable, or made from recycled |
24 | | materials, if economically and practically feasible. In |
25 | | selecting products and supplies that contain recycled |
26 | | material, preference must be given to products and supplies |
|
| | HB2785 | - 46 - | LRB102 13785 CPF 19135 b |
|
|
1 | | that contain the highest amount of recycled material and that |
2 | | are consistent with the effective use of the product or |
3 | | supply, if economically and practically feasible. |
4 | | (b) Wherever economically and practically feasible, as |
5 | | determined by the
board of education, the board of education, |
6 | | all public schools and
attendance centers within the school |
7 | | district, and their school supply
stores shall procure |
8 | | recycled paper and paper products as follows:
|
9 | | (1) Beginning July 1, 2008, at least 10% of the total |
10 | | dollar value of
paper and paper products purchased by the |
11 | | board of education, public
schools and attendance centers, |
12 | | and their school supply stores shall be
recycled paper and |
13 | | paper products.
|
14 | | (2) Beginning July 1, 2011, at least 25% of the total |
15 | | dollar value of
paper and paper products purchased by the |
16 | | board of education, public
schools and attendance centers, |
17 | | and their school supply stores shall be
recycled paper and |
18 | | paper products.
|
19 | | (3) Beginning July 1, 2014, at least 50% of the total |
20 | | dollar value of
paper and paper products purchased by the |
21 | | board of education, public
schools and attendance centers, |
22 | | and their school supply stores shall be
recycled paper and |
23 | | paper products.
|
24 | | (4) Beginning July 1, 2020, at least 75% of the total |
25 | | dollar value of
paper and paper products purchased by the |
26 | | board of education, public
schools and attendance centers, |
|
| | HB2785 | - 47 - | LRB102 13785 CPF 19135 b |
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|
1 | | and their school supply stores shall be
recycled paper and |
2 | | paper products.
|
3 | | (5) Beginning upon the effective date of this |
4 | | amendatory Act of 1992,
all paper purchased by the board |
5 | | of education, public schools and
attendance centers for |
6 | | publication of student newspapers shall be recycled
|
7 | | newsprint. The amount purchased shall not be included in |
8 | | calculating the
amounts specified in paragraphs (1) |
9 | | through (4).
|
10 | | (c) Paper and paper products purchased from private sector |
11 | | vendors
pursuant to printing contracts are not considered |
12 | | paper and paper products
for the purposes of subsection (b), |
13 | | unless purchased under contract for
the printing of student |
14 | | newspapers.
|
15 | | (d)(1) Wherever economically and practically feasible, the |
16 | | recycled
paper and paper products referred to in subsection |
17 | | (b) shall contain
postconsumer or recovered paper materials as |
18 | | specified by paper category in
this subsection:
|
19 | | (i) Recycled high grade printing and writing paper |
20 | | shall contain at
least 50% recovered paper material. Such |
21 | | recovered paper material, until
July 1, 2008, shall |
22 | | consist of at least 20% deinked stock or postconsumer
|
23 | | material; and beginning July 1, 2008, shall consist of at |
24 | | least 25% deinked
stock or postconsumer material; and |
25 | | beginning July 1, 2010, shall consist of
at least 30% |
26 | | deinked stock or postconsumer material; and beginning July |
|
| | HB2785 | - 48 - | LRB102 13785 CPF 19135 b |
|
|
1 | | 1, 2012, shall consist of at least 40% deinked stock or |
2 | | postconsumer material;
and beginning July 1, 2014, shall |
3 | | consist of at least 50% deinked stock or
postconsumer |
4 | | material.
|
5 | | (ii) Recycled tissue products, until July 1, 1994, |
6 | | shall contain at
least 25% postconsumer material; and |
7 | | beginning July 1, 1994, shall contain
at least 30% |
8 | | postconsumer material; and beginning July 1, 1996, shall
|
9 | | contain at least 35% postconsumer material; and beginning |
10 | | July 1, 1998,
shall contain at least 40% postconsumer |
11 | | material; and beginning July 1,
2000, shall contain at |
12 | | least 45% postconsumer material.
|
13 | | (iii) Recycled newsprint, until July 1, 1994, shall |
14 | | contain at
least 40% postconsumer material; and beginning |
15 | | July 1, 1994, shall contain
at least 50% postconsumer |
16 | | material; and beginning July 1, 1996, shall
contain at |
17 | | least 60% postconsumer material; and beginning July 1, |
18 | | 1998,
shall contain at least 70% postconsumer material; |
19 | | and beginning July 1,
2000, shall contain at least 80% |
20 | | postconsumer material.
|
21 | | (iv) Recycled unbleached packaging, until July 1, |
22 | | 1994, shall contain at
least 35% postconsumer material; |
23 | | and beginning July 1, 1994, shall contain
at least 40% |
24 | | postconsumer material; and beginning July 1, 1996, shall
|
25 | | contain at least 45% postconsumer material; and beginning |
26 | | July 1, 1998,
shall contain at least 50% postconsumer |
|
| | HB2785 | - 49 - | LRB102 13785 CPF 19135 b |
|
|
1 | | material; and beginning July 1,
2000, shall contain at |
2 | | least 55% postconsumer material.
|
3 | | (v) Recycled paperboard, until July 1, 1994, shall |
4 | | contain at
least 80% postconsumer material; and beginning |
5 | | July 1, 1994, shall contain
at least 85% postconsumer |
6 | | material; and beginning July 1, 1996, shall
contain at |
7 | | least 90% postconsumer material; and beginning July 1, |
8 | | 1998,
shall contain at least 95% postconsumer material.
|
9 | | (2) For the purposes of this Section, "postconsumer |
10 | | material" includes:
|
11 | | (i) paper, paperboard, and fibrous waste from |
12 | | retail stores, office
buildings, homes and so forth, |
13 | | after the waste has passed through its end
usage as a |
14 | | consumer item, including used corrugated boxes, old |
15 | | newspapers,
mixed waste paper, tabulating cards, and |
16 | | used cordage; and
|
17 | | (ii) all paper, paperboard, and fibrous wastes |
18 | | that are diverted or
separated from the municipal |
19 | | waste stream.
|
20 | | (3) For the purpose of this Section, "recovered paper |
21 | | material" includes:
|
22 | | (i) postconsumer material;
|
23 | | (ii) dry paper and paperboard waste generated |
24 | | after completion of the
papermaking process (that is, |
25 | | those manufacturing operations up to and
including the |
26 | | cutting and trimming of the paper machine reel into |
|
| | HB2785 | - 50 - | LRB102 13785 CPF 19135 b |
|
|
1 | | smaller
rolls or rough sheets), including envelope |
2 | | cuttings, bindery trimmings, and
other paper and |
3 | | paperboard waste resulting from printing, cutting, |
4 | | forming
and other converting operations, or from bag, |
5 | | box and carton manufacturing,
and butt rolls, mill |
6 | | wrappers, and rejected unused stock; and
|
7 | | (iii) finished paper and paperboard from obsolete |
8 | | inventories of paper
and paperboard manufacturers, |
9 | | merchants, wholesalers, dealers, printers,
converters |
10 | | or others.
|
11 | | (e) Nothing in this Section shall be deemed to apply to art |
12 | | materials,
nor to any newspapers, magazines, text books, |
13 | | library books or other
copyrighted publications which are |
14 | | purchased or used by the board of
education or any public |
15 | | school or attendance center within the school
district, or |
16 | | which are sold in any school supply store operated by or
within |
17 | | any such school or attendance center, other than newspapers
|
18 | | written, edited or produced by students enrolled in the school |
19 | | district,
public school or attendance center.
|
20 | | (e-5) The school district shall periodically review its |
21 | | procedures on solid waste reduction regarding the management |
22 | | of solid waste generated by academic, administrative, and |
23 | | other institutional functions. Those waste reduction |
24 | | procedures must be designed to, when economically and |
25 | | practically feasible, recycle the school district's waste |
26 | | stream, including without limitation landscape waste, computer |
|
| | HB2785 | - 51 - | LRB102 13785 CPF 19135 b |
|
|
1 | | paper, and white office paper. The school district is |
2 | | encouraged to have procedures that provide for the |
3 | | investigation of potential markets for other recyclable |
4 | | materials that are present in the school district's waste |
5 | | stream. The waste reduction procedures must be designed to |
6 | | achieve, before July 1, 2020, at least a 50% reduction in the |
7 | | amount of solid waste that is generated by the school |
8 | | district. |
9 | | (f) The State Board of Education, in coordination with the |
10 | | Department Departments of
Central Management Services and |
11 | | Commerce and Economic Opportunity , may adopt such
rules and |
12 | | regulations as it deems necessary
to assist districts in |
13 | | carrying out the provisions of this Section.
|
14 | | (Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08 .)
|
15 | | Section 950. The Environmental Protection Act is amended |
16 | | by changing Sections 22.15, 22.16b, 55.3, 55.7, 58.14a, and |
17 | | 58.15 as follows:
|
18 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
|
19 | | Sec. 22.15. Solid Waste Management Fund; fees.
|
20 | | (a) There is hereby created within the State Treasury a
|
21 | | special fund to be known as the Solid Waste Management Fund, to |
22 | | be
constituted from the fees collected by the State pursuant |
23 | | to this Section,
from repayments of loans made from the Fund |
24 | | for solid waste projects, from registration fees collected |
|
| | HB2785 | - 52 - | LRB102 13785 CPF 19135 b |
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|
1 | | pursuant to the Consumer Electronics Recycling Act, and from |
2 | | amounts transferred into the Fund pursuant to Public Act |
3 | | 100-433.
Moneys received by either the Agency or the |
4 | | Department of Commerce and Economic Opportunity
in repayment |
5 | | of loans made pursuant to the Illinois Solid Waste Management
|
6 | | Act shall be deposited into the General Revenue Fund.
|
7 | | (b) The Agency shall assess and collect a
fee in the amount |
8 | | set forth herein from the owner or operator of each sanitary
|
9 | | landfill permitted or required to be permitted by the Agency |
10 | | to dispose of
solid waste if the sanitary landfill is located |
11 | | off the site where such waste
was produced and if such sanitary |
12 | | landfill is owned, controlled, and operated
by a person other |
13 | | than the generator of such waste. The Agency shall deposit
all |
14 | | fees collected into the Solid Waste Management Fund. If a site |
15 | | is
contiguous to one or more landfills owned or operated by the |
16 | | same person, the
volumes permanently disposed of by each |
17 | | landfill shall be combined for purposes
of determining the fee |
18 | | under this subsection. Beginning on July 1, 2018, and on the |
19 | | first day of each month thereafter during fiscal years 2019 |
20 | | through 2021, the State Comptroller shall direct and State |
21 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
22 | | per fiscal year from the Solid Waste Management Fund to the |
23 | | General Revenue Fund.
|
24 | | (1) If more than 150,000 cubic yards of non-hazardous |
25 | | solid waste is
permanently disposed of at a site in a |
26 | | calendar year, the owner or operator
shall either pay a |
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1 | | fee of 95 cents per cubic yard or,
alternatively, the |
2 | | owner or operator may weigh the quantity of the solid |
3 | | waste
permanently disposed of with a device for which |
4 | | certification has been obtained
under the Weights and |
5 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
6 | | permanently disposed of. In no case shall the fee |
7 | | collected
or paid by the owner or operator under this |
8 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
9 | | (2) If more than 100,000 cubic yards but not more than |
10 | | 150,000 cubic
yards of non-hazardous waste is permanently |
11 | | disposed of at a site in a calendar
year, the owner or |
12 | | operator shall pay a fee of $52,630.
|
13 | | (3) If more than 50,000 cubic yards but not more than |
14 | | 100,000 cubic
yards of non-hazardous solid waste is |
15 | | permanently disposed of at a site
in a calendar year, the |
16 | | owner or operator shall pay a fee of $23,790.
|
17 | | (4) If more than 10,000 cubic yards but not more than |
18 | | 50,000 cubic
yards of non-hazardous solid waste is |
19 | | permanently disposed of at a site
in a calendar year, the |
20 | | owner or operator shall pay a fee of $7,260.
|
21 | | (5) If not more than 10,000 cubic yards of |
22 | | non-hazardous solid waste is
permanently disposed of at a |
23 | | site in a calendar year, the owner or operator
shall pay a |
24 | | fee of $1050.
|
25 | | (c) (Blank).
|
26 | | (d) The Agency shall establish rules relating to the |
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1 | | collection of the
fees authorized by this Section. Such rules |
2 | | shall include, but not be
limited to:
|
3 | | (1) necessary records identifying the quantities of |
4 | | solid waste received
or disposed;
|
5 | | (2) the form and submission of reports to accompany |
6 | | the payment of fees
to the Agency;
|
7 | | (3) the time and manner of payment of fees to the |
8 | | Agency, which payments
shall not be more often than |
9 | | quarterly; and
|
10 | | (4) procedures setting forth criteria establishing |
11 | | when an owner or
operator may measure by weight or volume |
12 | | during any given quarter or other
fee payment period.
|
13 | | (e) Pursuant to appropriation, all monies in the Solid |
14 | | Waste Management
Fund shall be used by the Agency and the |
15 | | Department of Commerce and Economic Opportunity for the |
16 | | purposes set forth in this Section and in the Illinois
Solid |
17 | | Waste Management Act, including for the costs of fee |
18 | | collection and
administration, and for the administration of |
19 | | (1) the Consumer Electronics Recycling Act and (2) until |
20 | | January 1, 2020, the Electronic Products Recycling and Reuse |
21 | | Act.
|
22 | | (f) The Agency is authorized to enter into such agreements |
23 | | and to
promulgate such rules as are necessary to carry out its |
24 | | duties under this
Section and the Illinois Solid Waste |
25 | | Management Act.
|
26 | | (g) On the first day of January, April, July, and October |
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1 | | of each year,
beginning on July 1, 1996, the State Comptroller |
2 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
3 | | Management Fund to the Hazardous Waste
Fund. Moneys |
4 | | transferred under this subsection (g) shall be used only for |
5 | | the
purposes set forth in item (1) of subsection (d) of Section |
6 | | 22.2.
|
7 | | (h) The Agency is authorized to provide financial |
8 | | assistance to units of
local government for the performance of |
9 | | inspecting, investigating and
enforcement activities pursuant |
10 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
|
11 | | (i) The Agency is authorized to conduct household waste |
12 | | collection and
disposal programs.
|
13 | | (j) A unit of local government, as defined in the Local |
14 | | Solid Waste Disposal
Act, in which a solid waste disposal |
15 | | facility is located may establish a fee,
tax, or surcharge |
16 | | with regard to the permanent disposal of solid waste.
All |
17 | | fees, taxes, and surcharges collected under this subsection |
18 | | shall be
utilized for solid waste management purposes, |
19 | | including long-term monitoring
and maintenance of landfills, |
20 | | planning, implementation, inspection, enforcement
and other |
21 | | activities consistent with the Solid Waste Management Act and |
22 | | the
Local Solid Waste Disposal Act, or for any other |
23 | | environment-related purpose,
including but not limited to an |
24 | | environment-related public works project, but
not for the |
25 | | construction of a new pollution control facility other than a
|
26 | | household hazardous waste facility. However, the total fee, |
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1 | | tax or surcharge
imposed by all units of local government |
2 | | under this subsection (j) upon the
solid waste disposal |
3 | | facility shall not exceed:
|
4 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
5 | | yards of non-hazardous
solid waste is permanently disposed |
6 | | of at the site in a calendar year, unless
the owner or |
7 | | operator weighs the quantity of the solid waste received |
8 | | with a
device for which certification has been obtained |
9 | | under the Weights and Measures
Act, in which case the fee |
10 | | shall not exceed $1.27 per ton of solid waste
permanently |
11 | | disposed of.
|
12 | | (2) $33,350 if more than 100,000
cubic yards, but not |
13 | | more than 150,000 cubic yards, of non-hazardous waste
is |
14 | | permanently disposed of at the site in a calendar year.
|
15 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
16 | | more than 100,000 cubic yards, of non-hazardous solid |
17 | | waste is
permanently disposed of at the site in a calendar |
18 | | year.
|
19 | | (4) $4,650 if more than 10,000 cubic
yards, but not |
20 | | more than 50,000 cubic yards, of non-hazardous solid waste
|
21 | | is permanently disposed of at the site in a calendar year.
|
22 | | (5) $650 if not more than 10,000 cubic
yards of |
23 | | non-hazardous solid waste is permanently disposed of at |
24 | | the site in
a calendar year.
|
25 | | The corporate authorities of the unit of local government
|
26 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
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1 | | highway
commissioner whose road district lies wholly or |
2 | | partially within the
corporate limits of the unit of local |
3 | | government for expenses incurred in
the removal of |
4 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
5 | | public property in violation of a State law or local |
6 | | ordinance.
|
7 | | A county or Municipal Joint Action Agency that imposes a |
8 | | fee, tax, or
surcharge under this subsection may use the |
9 | | proceeds thereof to reimburse a
municipality that lies wholly |
10 | | or partially within its boundaries for expenses
incurred in |
11 | | the removal of nonhazardous, nonfluid municipal waste that has |
12 | | been
dumped on public property in violation of a State law or |
13 | | local ordinance.
|
14 | | If the fees are to be used to conduct a local sanitary |
15 | | landfill
inspection or enforcement program, the unit of local |
16 | | government must enter
into a written delegation agreement with |
17 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
18 | | local government and the Agency shall enter
into such a |
19 | | written delegation agreement within 60 days after the
|
20 | | establishment of such fees. At least annually,
the Agency |
21 | | shall conduct an audit of the expenditures made by units of |
22 | | local
government from the funds granted by the Agency to the |
23 | | units of local
government for purposes of local sanitary |
24 | | landfill inspection and enforcement
programs, to ensure that |
25 | | the funds have been expended for the prescribed
purposes under |
26 | | the grant.
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1 | | The fees, taxes or surcharges collected under this |
2 | | subsection (j) shall
be placed by the unit of local government |
3 | | in a separate fund, and the
interest received on the moneys in |
4 | | the fund shall be credited to the fund. The
monies in the fund |
5 | | may be accumulated over a period of years to be
expended in |
6 | | accordance with this subsection.
|
7 | | A unit of local government, as defined in the Local Solid |
8 | | Waste Disposal
Act, shall prepare and distribute to the |
9 | | Agency, in April of each year, a
report that details spending |
10 | | plans for monies collected in accordance with
this subsection. |
11 | | The report will at a minimum include the following:
|
12 | | (1) The total monies collected pursuant to this |
13 | | subsection.
|
14 | | (2) The most current balance of monies collected |
15 | | pursuant to this
subsection.
|
16 | | (3) An itemized accounting of all monies expended for |
17 | | the previous year
pursuant to this subsection.
|
18 | | (4) An estimation of monies to be collected for the |
19 | | following 3
years pursuant to this subsection.
|
20 | | (5) A narrative detailing the general direction and |
21 | | scope of future
expenditures for one, 2 and 3 years.
|
22 | | The exemptions granted under Sections 22.16 and 22.16a, |
23 | | and under
subsection (k) of this Section, shall be applicable |
24 | | to any fee,
tax or surcharge imposed under this subsection |
25 | | (j); except that the fee,
tax or surcharge authorized to be |
26 | | imposed under this subsection (j) may be
made applicable by a |
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1 | | unit of local government to the permanent disposal of
solid |
2 | | waste after December 31, 1986, under any contract lawfully |
3 | | executed
before June 1, 1986 under which more than 150,000 |
4 | | cubic yards (or 50,000 tons)
of solid waste is to be |
5 | | permanently disposed of, even though the waste is
exempt from |
6 | | the fee imposed by the State under subsection (b) of this |
7 | | Section
pursuant to an exemption granted under Section 22.16.
|
8 | | (k) In accordance with the findings and purposes of the |
9 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
10 | | the fee under subsection
(b) and the fee, tax or surcharge |
11 | | under subsection (j) shall not apply to:
|
12 | | (1) waste which is hazardous waste;
|
13 | | (2) waste which is pollution control waste;
|
14 | | (3) waste from recycling, reclamation or reuse |
15 | | processes which have been
approved by the Agency as being |
16 | | designed to remove any contaminant from
wastes so as to |
17 | | render such wastes reusable, provided that the process
|
18 | | renders at least 50% of the waste reusable;
|
19 | | (4) non-hazardous solid waste that is received at a |
20 | | sanitary landfill
and composted or recycled through a |
21 | | process permitted by the Agency; or
|
22 | | (5) any landfill which is permitted by the Agency to |
23 | | receive only
demolition or construction debris or |
24 | | landscape waste.
|
25 | | (Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17; |
26 | | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. |
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1 | | 8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
2 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
|
3 | | Sec. 22.16b. (a) Beginning January 1, 1991, the Agency |
4 | | shall assess and
collect a fee from the owner or operator of |
5 | | each new municipal waste
incinerator. The fee shall be |
6 | | calculated by applying the rates established
from time to time |
7 | | for the disposal of solid waste at sanitary landfills
under |
8 | | subdivision (b)(1) of Section 22.15 to the total amount of |
9 | | municipal
waste accepted for incineration at the new municipal |
10 | | waste incinerator.
The exemptions provided by this Act to the |
11 | | fees imposed under subsection
(b) of Section 22.15 shall not |
12 | | apply to the fee imposed by this Section.
|
13 | | The owner or operator of any new municipal waste |
14 | | incinerator permitted
after January 1, 1990, but before July |
15 | | 1, 1990 by the Agency for the
development or operation of a new |
16 | | municipal waste incinerator shall be exempt
from this fee, but |
17 | | shall include the following conditions:
|
18 | | (1) The owner or operator shall provide information |
19 | | programs to those
communities serviced by the owner or |
20 | | operator concerning recycling and
separation of waste not |
21 | | suitable for incineration.
|
22 | | (2) The owner or operator shall provide information |
23 | | programs to those
communities serviced by the owner or |
24 | | operator concerning the Agency's
household hazardous waste |
25 | | collection program and participation in that program.
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1 | | For the purposes of this Section, "new municipal waste |
2 | | incinerator" means
a municipal waste incinerator initially |
3 | | permitted for development or
construction on or after January |
4 | | 1, 1990.
|
5 | | Amounts collected under this subsection shall be deposited |
6 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby |
7 | | established as an
interest-bearing special fund in the State |
8 | | Treasury. Monies in the Fund
may be used, subject to |
9 | | appropriation:
|
10 | | (1) by the Agency Department of Commerce and Economic |
11 | | Opportunity to fund its
public information programs on
|
12 | | recycling in those communities served by new municipal |
13 | | waste incinerators; and
|
14 | | (2) by the Agency to fund its household hazardous |
15 | | waste collection
activities in those communities served by |
16 | | new municipal waste incinerators.
|
17 | | (b) Any permit issued by the Agency for the development or |
18 | | operation of
a new municipal waste incinerator shall include |
19 | | the following conditions:
|
20 | | (1) The incinerator must be designed to provide |
21 | | continuous monitoring
while in operation, with direct |
22 | | transmission of the resultant data to the
Agency, until |
23 | | the Agency determines the best available control |
24 | | technology
for monitoring the data. The Agency shall |
25 | | establish the
test methods, procedures and averaging |
26 | | periods, as certified by the USEPA
for solid waste |
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1 | | incinerator units, and the form and frequency of reports
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2 | | containing results of the monitoring. Compliance and |
3 | | enforcement shall be
based on such reports. Copies of the |
4 | | results of such
monitoring shall be maintained on file at |
5 | | the facility concerned for one
year, and copies shall be |
6 | | made available for inspection and copying by
interested |
7 | | members of the public during business hours.
|
8 | | (2) The facility shall comply with the emission limits |
9 | | adopted by the
Agency under subsection (c).
|
10 | | (3) The operator of the facility shall take reasonable |
11 | | measures to
ensure that waste accepted for incineration |
12 | | complies with all legal
requirements for incineration. The |
13 | | incinerator operator shall establish
contractual |
14 | | requirements or other notification and inspection |
15 | | procedures
sufficient to assure compliance with this |
16 | | subsection (b)(3) which may
include, but not be limited |
17 | | to, routine inspections of waste, lists of
acceptable and |
18 | | unacceptable waste provided to haulers and notification to |
19 | | the
Agency when the facility operator rejects and sends |
20 | | loads away. The
notification shall contain at least the |
21 | | name of the hauler and the site
from where the load was |
22 | | hauled.
|
23 | | (4) The operator may not accept for incineration any |
24 | | waste generated
or collected in a municipality that has |
25 | | not implemented a recycling
plan or is party to an |
26 | | implemented county plan, consistent with State goals
and |
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1 | | objectives. Such plans shall include provisions for |
2 | | collecting,
recycling or diverting from landfills and |
3 | | municipal incinerators landscape
waste, household |
4 | | hazardous waste and batteries. Such provisions may be
|
5 | | performed at the site of the new municipal incinerator.
|
6 | | The Agency, after careful scrutiny of a permit application |
7 | | for the
construction, development or operation of a new |
8 | | municipal waste incinerator,
shall deny the permit if (i) the |
9 | | Agency finds in the permit application
noncompliance with the |
10 | | laws and rules of the State or (ii) the application
indicates |
11 | | that the mandated air emissions standards will not be reached |
12 | | within
six months of the proposed municipal waste incinerator |
13 | | beginning operation.
|
14 | | (c) The Agency shall adopt specific limitations on the |
15 | | emission of
mercury, chromium, cadmium and lead, and good |
16 | | combustion practices, including
temperature controls from |
17 | | municipal waste incinerators pursuant to Section 9.4
of the |
18 | | Act.
|
19 | | (d) The Agency shall establish household hazardous waste |
20 | | collection
centers in appropriate places in this State. The |
21 | | Agency may operate and
maintain the centers itself or may |
22 | | contract with other parties for that
purpose. The Agency shall |
23 | | ensure that the wastes collected are properly
disposed of. The |
24 | | collection centers may charge fees for their services,
not to |
25 | | exceed the costs incurred. Such collection centers shall not |
26 | | (i) be
regulated as hazardous waste facilities under RCRA nor |
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1 | | (ii) be subject to
local siting approval under Section 39.2 if |
2 | | the local governing authority
agrees to waive local siting |
3 | | approval procedures.
|
4 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
5 | | (415 ILCS 5/55.3) (from Ch. 111 1/2, par. 1055.3)
|
6 | | Sec. 55.3. (a) Upon finding that an accumulation of used |
7 | | or waste tires
creates an immediate danger to health, the |
8 | | Agency may take action pursuant
to Section 34 of this Act.
|
9 | | (b) Upon making a finding that an accumulation of used or |
10 | | waste tires
creates a hazard posing a threat to public health |
11 | | or the environment, the
Agency may undertake preventive or |
12 | | corrective action in accordance with
this subsection. Such |
13 | | preventive or corrective action may consist of any
or all of |
14 | | the following:
|
15 | | (1) Treating and handling used or waste tires and |
16 | | other infested
materials within the area for control of |
17 | | mosquitoes and other disease vectors.
|
18 | | (2) Relocation of ignition sources and any used or |
19 | | waste tires within
the area for control and prevention of |
20 | | tire fires.
|
21 | | (3) Removal of used and waste tire accumulations from |
22 | | the area.
|
23 | | (4) Removal of soil and water contamination related to |
24 | | tire accumulations.
|
25 | | (5) Installation of devices to monitor and control |
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1 | | groundwater and
surface water contamination related to |
2 | | tire accumulations.
|
3 | | (6) Such other actions as may be authorized by Board |
4 | | regulations.
|
5 | | (c) The Agency may, subject to the availability of |
6 | | appropriated funds,
undertake a consensual removal action for |
7 | | the removal of up to 1,000
used or waste tires at no cost to |
8 | | the owner according to the
following requirements:
|
9 | | (1) Actions under this subsection shall be taken |
10 | | pursuant to a written
agreement between the Agency and the |
11 | | owner of the tire accumulation.
|
12 | | (2) The written agreement shall at a minimum specify:
|
13 | | (i) that the owner relinquishes any claim of an |
14 | | ownership interest in
any tires that are removed, or |
15 | | in any proceeds from their sale;
|
16 | | (ii) that tires will no longer be allowed to be |
17 | | accumulated at the site;
|
18 | | (iii) that the owner will hold harmless the Agency |
19 | | or any employee or
contractor utilized by the Agency |
20 | | to effect the removal, for any damage to
property |
21 | | incurred during the course of action under this |
22 | | subsection, except
for gross negligence or intentional |
23 | | misconduct; and
|
24 | | (iv) any conditions upon or assistance required |
25 | | from the owner to assure
that the tires are so located |
26 | | or arranged as to facilitate their removal.
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1 | | (3) The Agency may by rule establish conditions and |
2 | | priorities for
removal of used and waste tires under this |
3 | | subsection.
|
4 | | (4) The Agency shall prescribe the form of written |
5 | | agreements under
this subsection.
|
6 | | (d) The Agency shall have authority to provide notice to |
7 | | the owner
or operator, or both, of a site where used or waste |
8 | | tires are located and to
the owner or operator, or both, of the |
9 | | accumulation of tires at the site,
whenever the Agency finds |
10 | | that the used or waste tires pose a threat to
public health or |
11 | | the environment, or that there is no owner or
operator |
12 | | proceeding in accordance with a tire removal agreement |
13 | | approved
under Section 55.4.
|
14 | | The notice provided by the Agency shall include the |
15 | | identified
preventive or corrective action, and shall provide |
16 | | an opportunity for the
owner or operator, or both, to perform |
17 | | such action.
|
18 | | For sites with more than 250,000 passenger tire |
19 | | equivalents, following the
notice
provided for by this |
20 | | subsection (d), the Agency may enter into a written
|
21 | | reimbursement agreement with the owner or operator of the |
22 | | site. The agreement
shall
provide a schedule for the owner or |
23 | | operator to reimburse the Agency for costs
incurred for |
24 | | preventive or corrective action, which shall not exceed 5 |
25 | | years in
length.
An owner or operator making payments under a |
26 | | written reimbursement agreement
pursuant to this subsection |
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1 | | (d) shall not be liable for punitive damages under
subsection |
2 | | (h) of this Section.
|
3 | | (e) In accordance with constitutional limitations,
the |
4 | | Agency shall have authority to enter at all reasonable times
|
5 | | upon any private or public property for the purpose of taking |
6 | | whatever
preventive or corrective action is necessary and |
7 | | appropriate in accordance
with the provisions of this Section, |
8 | | including but not limited to removal,
processing or treatment |
9 | | of used or waste tires, whenever the Agency finds
that used or |
10 | | waste tires pose a threat to public health or the environment.
|
11 | | (f) In undertaking preventive, corrective or consensual |
12 | | removal action
under this Section the Agency may consider use |
13 | | of the following: rubber
reuse alternatives, shredding or |
14 | | other conversion through use of mobile or
fixed facilities, |
15 | | energy recovery through burning or incineration, and
landfill |
16 | | disposal. To the extent practicable, the Agency shall consult |
17 | | with
the Department of Commerce and Economic Opportunity |
18 | | regarding the availability
of alternatives to landfilling used |
19 | | and waste tires, and shall make every
reasonable effort to |
20 | | coordinate tire cleanup projects with applicable programs
that |
21 | | relate to such alternative practices.
|
22 | | (g) Except as otherwise provided in this Section, the |
23 | | owner or operator
of any site or accumulation of used or waste |
24 | | tires at which the Agency has
undertaken
corrective or |
25 | | preventive action under this Section shall be liable for all
|
26 | | costs thereof incurred by the State of Illinois, including |
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1 | | reasonable costs of
collection. Any monies received by the |
2 | | Agency hereunder shall be deposited
into the Used Tire |
3 | | Management Fund. The Agency may in its discretion store,
|
4 | | dispose of or convey the tires that are removed from an area at |
5 | | which it
has undertaken a corrective, preventive or consensual |
6 | | removal action, and
may sell or store such tires and other |
7 | | items, including but not limited to
rims, that are removed |
8 | | from the
area. The net proceeds of any sale shall be credited |
9 | | against the liability
incurred by the owner or operator for |
10 | | the costs of any preventive or
corrective action.
|
11 | | (h) Any person liable to the Agency for costs incurred |
12 | | under subsection
(g) of this Section may be liable to the State |
13 | | of Illinois for punitive
damages in an amount at least equal |
14 | | to, and not more than 2 times, the costs
incurred by the State |
15 | | if such person failed without sufficient cause to
take |
16 | | preventive or corrective action pursuant to notice issued |
17 | | under
subsection (d) of this Section.
|
18 | | (i) There shall be no liability under subsection (g) of |
19 | | this Section for
a person otherwise liable who can establish |
20 | | by a preponderance of the
evidence that the hazard created by |
21 | | the tires was caused solely by:
|
22 | | (1) an act of God;
|
23 | | (2) an act of war; or
|
24 | | (3) an act or omission of a third party other than an |
25 | | employee or agent,
and other than a person whose act or |
26 | | omission occurs in connection with a
contractual |
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1 | | relationship with the person otherwise liable.
|
2 | | For the purposes of this subsection, "contractual |
3 | | relationship" includes,
but is not limited to, land contracts, |
4 | | deeds and other instruments
transferring title or possession, |
5 | | unless the real property upon which the
accumulation is |
6 | | located was acquired by the defendant after the
disposal or |
7 | | placement of used or waste tires on, in or at the property and
|
8 | | one or more of the following circumstances is also established |
9 | | by a
preponderance of the evidence:
|
10 | | (A) at the time the defendant acquired the |
11 | | property, the defendant did
not know and had no reason |
12 | | to know that any used or waste tires had been
disposed |
13 | | of or placed on, in or at the property, and the |
14 | | defendant
undertook, at the time of acquisition, all |
15 | | appropriate inquiries into the
previous ownership and |
16 | | uses of the property consistent with good commercial
|
17 | | or customary practice in an effort to minimize |
18 | | liability;
|
19 | | (B) the defendant is a government entity which |
20 | | acquired the property by
escheat or through any other |
21 | | involuntary transfer or acquisition, or
through the |
22 | | exercise of eminent domain authority by purchase or
|
23 | | condemnation; or
|
24 | | (C) the defendant acquired the property by |
25 | | inheritance or bequest.
|
26 | | (j) Nothing in this Section shall affect or modify the |
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1 | | obligations or
liability of any person under any other |
2 | | provision of this Act, federal law,
or State law, including |
3 | | the common law, for injuries, damages or losses
resulting from |
4 | | the circumstances leading to Agency action under this Section.
|
5 | | (k) The costs and damages provided for in this Section may |
6 | | be imposed by
the Board in an action brought before the Board |
7 | | in accordance with Title
VIII of this Act, except that |
8 | | subsection (c) of Section 33 of this Act
shall not apply to any |
9 | | such action.
|
10 | | (l) The Agency shall, when feasible, consult with the |
11 | | Department of
Public Health prior to taking any action to |
12 | | remove or treat an infested
tire accumulation for control of |
13 | | mosquitoes or other disease vectors. The
Agency may by |
14 | | contract or agreement secure the services of the Department
of |
15 | | Public Health, any local public health department, or any |
16 | | other
qualified person in treating any such infestation as |
17 | | part of an emergency
or preventive action.
|
18 | | (m) Neither the State, the Agency, the Board, the |
19 | | Director, nor any
State employee shall be liable for any |
20 | | damage or injury arising out of or
resulting from any action |
21 | | taken under this Section.
|
22 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
23 | | (415 ILCS 5/55.7) (from Ch. 111 1/2, par. 1055.7)
|
24 | | Sec. 55.7. The Agency Department of Commerce and Economic |
25 | | Opportunity may adopt
regulations as necessary for the
|
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1 | | administration of the grant and loan programs funded from the |
2 | | Used Tire
Management Fund, including but not limited to |
3 | | procedures and criteria for
applying for, evaluating, awarding |
4 | | and terminating grants and loans. The Agency
Department of |
5 | | Commerce and Economic Opportunity may by rule specify criteria
|
6 | | for providing grant assistance
rather than loan assistance; |
7 | | such criteria shall promote the expeditious
development of |
8 | | alternatives to the disposal of used tires, and the
efficient |
9 | | use of monies for assistance. Evaluation criteria may be
|
10 | | established by rule, considering such factors as:
|
11 | | (1) the likelihood that a proposal will lead to the |
12 | | actual collection
and processing of used tires and |
13 | | protection of the environment and public
health in |
14 | | furtherance of the purposes of this Act;
|
15 | | (2) the feasibility of the proposal;
|
16 | | (3) the suitability of the location for the proposed |
17 | | activity;
|
18 | | (4) the potential of the proposal for encouraging |
19 | | recycling and
reuse of resources; and
|
20 | | (5) the potential for development of new technologies |
21 | | consistent with the
purposes of this Act.
|
22 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
23 | | (415 ILCS 5/58.14a) |
24 | | Sec. 58.14a. River Edge Redevelopment Zone Site |
25 | | Remediation Tax Credit Review. |
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1 | | (a) Prior to applying for the River Edge Redevelopment |
2 | | Zone site remediation tax credit under subsection (n) of |
3 | | Section 201 of the Illinois Income Tax Act, a Remediation |
4 | | Applicant must first submit to the Agency an application for |
5 | | review of remediation costs. The Agency shall review the |
6 | | application in consultation with the Department of Commerce |
7 | | and Economic Opportunity . The application and review process |
8 | | must be conducted in accordance with the requirements of this |
9 | | Section and the rules adopted under subsection (g). A |
10 | | preliminary review of the estimated remediation costs for |
11 | | development and implementation of the Remedial Action Plan may |
12 | | be obtained in accordance with subsection (d). |
13 | | (b) No application for review may be submitted until a No |
14 | | Further Remediation Letter has been issued by the Agency and |
15 | | recorded in the chain of title for the site in accordance with |
16 | | Section 58.10. The Agency shall review the application to |
17 | | determine whether the costs submitted are remediation costs |
18 | | and whether the costs incurred are reasonable. The application |
19 | | must be on forms prescribed and provided by the Agency. At a |
20 | | minimum, the application must include the following: |
21 | | (1) information identifying the Remediation Applicant, |
22 | | the site for which the tax credit is being sought, and the |
23 | | date of acceptance of the site into the Site Remediation |
24 | | Program; |
25 | | (2) a copy of the No Further Remediation Letter with |
26 | | official verification that the letter has been recorded in |
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1 | | the chain of title for the site and a demonstration that |
2 | | the site for which the application is submitted is the |
3 | | same site as the one for which the No Further Remediation |
4 | | Letter is issued; |
5 | | (3) a demonstration that the release of the regulated |
6 | | substances of concern for which the No Further Remediation |
7 | | Letter was issued were not caused or contributed to in any |
8 | | material respect by the Remediation Applicant. |
9 | | Determinations as to credit availability shall be made |
10 | | consistent with the Pollution Control Board rules for the |
11 | | administration and enforcement of Section 58.9 of this |
12 | | Act; |
13 | | (4) an itemization and documentation, including |
14 | | receipts, of the remediation costs incurred; |
15 | | (5) a demonstration that the costs incurred are |
16 | | remediation costs as defined in this Act and its rules; |
17 | | (6) a demonstration that the costs submitted for |
18 | | review were incurred by the Remediation Applicant who |
19 | | received the No Further Remediation Letter; |
20 | | (7) an application fee in the amount set forth in |
21 | | subsection (e) for each site for which review of |
22 | | remediation costs is requested and, if applicable, |
23 | | certification from the Department of Commerce and Economic |
24 | | Opportunity that the site is located in a River Edge |
25 | | Redevelopment Zone; and |
26 | | (8) any other information deemed appropriate by the |
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1 | | Agency. |
2 | | (c) Within 60 days after receipt by the Agency of an |
3 | | application meeting the requirements of subsection (b), the |
4 | | Agency shall issue a letter to the applicant approving, |
5 | | disapproving, or modifying the remediation costs submitted in |
6 | | the application. If the remediation costs are approved as |
7 | | submitted, then the Agency's letter must state the amount of |
8 | | the remediation costs to be applied toward the River Edge |
9 | | Redevelopment Zone site remediation tax credit. If an |
10 | | application is disapproved or approved with modification of |
11 | | remediation costs, then the Agency's letter must set forth the |
12 | | reasons for the disapproval or modification and must state the |
13 | | amount of the remediation costs, if any, to be applied toward |
14 | | the River Edge Redevelopment Zone site remediation tax credit. |
15 | | If a preliminary review of a budget plan has been obtained |
16 | | under subsection (d), then the Remediation Applicant may |
17 | | submit, with the application and supporting documentation |
18 | | under subsection (b), a copy of the Agency's final |
19 | | determination accompanied by a certification that the actual |
20 | | remediation costs incurred for the development and |
21 | | implementation of the Remedial Action Plan are equal to or |
22 | | less than the costs approved in the Agency's final |
23 | | determination on the budget plan. The certification must be |
24 | | signed by the Remediation Applicant and notarized. Based on |
25 | | that submission, the Agency is not required to conduct further |
26 | | review of the costs incurred for development and |
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1 | | implementation of the Remedial Action Plan, and it may approve |
2 | | the costs as submitted.
Within 35 days after the receipt of an |
3 | | Agency letter disapproving or modifying an application for |
4 | | approval of remediation costs, the Remediation Applicant may |
5 | | appeal the Agency's decision to the Board in the manner |
6 | | provided for the review of permits under Section 40 of this |
7 | | Act. |
8 | | (d) A Remediation Applicant may obtain a preliminary |
9 | | review of estimated remediation costs for the development and |
10 | | implementation of the Remedial Action Plan by submitting a |
11 | | budget plan along with the Remedial Action Plan. The budget |
12 | | plan must be set forth on forms prescribed and provided by the |
13 | | Agency and must include, without limitation, line-item |
14 | | estimates of the costs associated with each line item (such as |
15 | | personnel, equipment, and materials) that the Remediation |
16 | | Applicant anticipates will be incurred for the development and |
17 | | implementation of the Remedial Action Plan. The Agency shall |
18 | | review the budget plan along with the Remedial Action Plan to |
19 | | determine whether the estimated costs submitted are |
20 | | remediation costs and whether the costs estimated for the |
21 | | activities are reasonable. |
22 | | If the Remedial Action Plan is amended by the Remediation |
23 | | Applicant or as a result of Agency action, then the |
24 | | corresponding budget plan must be revised accordingly and |
25 | | resubmitted for Agency review. |
26 | | The budget plan must be accompanied by the applicable fee |
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1 | | as set forth in subsection (e). |
2 | | The submittal of a budget plan is deemed to be an automatic |
3 | | 60-day waiver of the Remedial Action Plan review deadlines set |
4 | | forth in this Section and its rules. |
5 | | Within the applicable period of review, the Agency shall |
6 | | issue a letter to the Remediation Applicant approving, |
7 | | disapproving, or modifying the estimated remediation costs |
8 | | submitted in the budget plan. If a budget plan is disapproved |
9 | | or approved with modification of estimated remediation costs, |
10 | | then the Agency's letter must set forth the reasons for the |
11 | | disapproval or modification. |
12 | | Within 35 days after receipt of an Agency letter |
13 | | disapproving or modifying a budget plan, the Remediation |
14 | | Applicant may appeal the Agency's decision to the Board in the |
15 | | manner provided for the review of permits under Section 40 of |
16 | | this Act. |
17 | | (e) Any fee for a review conducted under this Section is in |
18 | | addition to any other fees or payments for Agency services |
19 | | rendered under the Site Remediation Program. The fees under |
20 | | this Section are as follows: |
21 | | (1) the fee for an application for review of |
22 | | remediation costs is $250 for each site reviewed; and |
23 | | (2) there is no fee for the review of the budget plan |
24 | | submitted under subsection (d). |
25 | | The application fee must be made payable to the State of |
26 | | Illinois, for deposit into the Hazardous Waste Fund.
Pursuant |
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1 | | to appropriation, the Agency shall use the fees collected |
2 | | under this subsection for development and administration of |
3 | | the review program. |
4 | | (f) The Agency has the authority to enter into any |
5 | | contracts or agreements that may be necessary to carry out its |
6 | | duties and responsibilities under this Section. |
7 | | (g) The Agency shall adopt rules prescribing procedures |
8 | | and standards for its administration of this Section. Prior to |
9 | | the
effective date of rules adopted under this Section, the |
10 | | Agency may conduct reviews of applications under this Section. |
11 | | The Agency may publish informal guidelines concerning this |
12 | | Section to provide guidance.
|
13 | | (Source: P.A. 95-454, eff. 8-27-07.)
|
14 | | (415 ILCS 5/58.15)
|
15 | | Sec. 58.15. Brownfields Programs.
|
16 | | (A) Brownfields Redevelopment Loan Program.
|
17 | | (a) The Agency shall establish and administer a revolving |
18 | | loan program to
be known as the "Brownfields Redevelopment |
19 | | Loan Program" for the purpose of
providing loans to be used for |
20 | | site investigation, site remediation, or both,
at brownfields |
21 | | sites. All principal, interest, and penalty payments from |
22 | | loans
made under this subsection (A) shall be deposited into |
23 | | the
Brownfields Redevelopment
Fund and reused in accordance |
24 | | with this Section.
|
25 | | (b) General requirements for loans:
|
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1 | | (1) Loans shall be at or below market interest rates |
2 | | in accordance with
a
formula set forth in regulations |
3 | | promulgated under subdivision (A)(c) of this
subsection |
4 | | (A).
|
5 | | (2) Loans shall be awarded subject to availability of |
6 | | funding based on
the
order of receipt of applications |
7 | | satisfying all requirements as set forth in
the |
8 | | regulations promulgated under subdivision (A)(c) of
this |
9 | | subsection (A).
|
10 | | (3) The maximum loan amount under this subsection (A)
|
11 | | for
any one project is
$1,000,000.
|
12 | | (4) In addition to any requirements or conditions |
13 | | placed on loans by
regulation, loan agreements under the |
14 | | Brownfields Redevelopment Loan Program
shall include the |
15 | | following requirements:
|
16 | | (A) the loan recipient shall secure the loan |
17 | | repayment obligation;
|
18 | | (B) completion of the loan repayment shall not |
19 | | exceed 15 years
or as otherwise prescribed by Agency |
20 | | rule; and
|
21 | | (C) loan agreements shall provide for a confession |
22 | | of judgment by the
loan recipient upon default.
|
23 | | (5) Loans shall not be used to cover expenses incurred |
24 | | prior to the
approval of the loan application.
|
25 | | (6) If the loan recipient fails to make timely |
26 | | payments or otherwise
fails to meet its obligations as |
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1 | | provided in this subsection (A) or implementing
|
2 | | regulations, the Agency is authorized to pursue the |
3 | | collection of the amounts
past due, the outstanding loan |
4 | | balance, and the costs thereby incurred, either
pursuant |
5 | | to the Illinois State Collection Act of 1986 or by any |
6 | | other means
provided by law, including the taking of |
7 | | title, by foreclosure or otherwise,
to any project or |
8 | | other property pledged, mortgaged, encumbered, or |
9 | | otherwise
available as security or collateral.
|
10 | | (c) The Agency shall have the authority to enter into any |
11 | | contracts or
agreements that may be necessary to carry out its |
12 | | duties or responsibilities
under this subsection (A). The |
13 | | Agency shall have the authority
to promulgate
regulations |
14 | | setting forth procedures and criteria for administering the
|
15 | | Brownfields Redevelopment Loan Program. The regulations |
16 | | promulgated by the
Agency for loans under this subsection (A) |
17 | | shall include, but
need not be limited to,
the following |
18 | | elements:
|
19 | | (1) loan application requirements;
|
20 | | (2) determination of credit worthiness of the loan |
21 | | applicant;
|
22 | | (3) types of security required for the loan;
|
23 | | (4) types of collateral, as necessary, that can be |
24 | | pledged for the loan;
|
25 | | (5) special loan terms, as necessary, for securing the |
26 | | repayment of the
loan;
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1 | | (6) maximum loan amounts;
|
2 | | (7) purposes for which loans are available;
|
3 | | (8) application periods and content of applications;
|
4 | | (9) procedures for Agency review of loan applications, |
5 | | loan approvals or
denials, and loan acceptance by the loan |
6 | | recipient;
|
7 | | (10) procedures for establishing interest rates;
|
8 | | (11) requirements applicable to disbursement of loans |
9 | | to loan
recipients;
|
10 | | (12) requirements for securing loan repayment |
11 | | obligations;
|
12 | | (13) conditions or circumstances constituting default;
|
13 | | (14) procedures for repayment of loans and delinquent |
14 | | loans including,
but
not limited to, the initiation of |
15 | | principal and interest payments following
loan acceptance;
|
16 | | (15) loan recipient responsibilities for work |
17 | | schedules, work plans,
reports, and record keeping;
|
18 | | (16) evaluation of loan recipient performance, |
19 | | including auditing and
access to sites and records;
|
20 | | (17) requirements applicable to contracting and |
21 | | subcontracting by the
loan recipient, including |
22 | | procurement requirements;
|
23 | | (18) penalties for noncompliance with loan |
24 | | requirements and conditions,
including stop-work orders, |
25 | | termination, and recovery of loan funds; and
|
26 | | (19) indemnification of the State of Illinois and the |
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1 | | Agency by the
loan recipient.
|
2 | | (d) Moneys in the Brownfields Redevelopment Fund may be |
3 | | used as a source
of revenue or security for the principal and |
4 | | interest on revenue or general
obligation bonds issued by the |
5 | | State or any political subdivision or
instrumentality thereof, |
6 | | if the proceeds of those bonds will be deposited
into the Fund.
|
7 | | (B) Brownfields Site Restoration Program.
|
8 | | (a) (1) The Agency , with the assistance of the Department |
9 | | of Commerce
and Economic Opportunity, must establish and |
10 | | administer a
program for the payment of remediation costs |
11 | | to be known as the Brownfields
Site Restoration Program. |
12 | | The Agency, through
the Program, shall provide
Remediation |
13 | | Applicants with financial assistance for the investigation |
14 | | and
remediation of abandoned or underutilized properties. |
15 | | The investigation and
remediation shall be performed in |
16 | | accordance with this Title XVII of this Act.
|
17 | | (2) For each State fiscal year in which funds are made |
18 | | available to the
Agency for payment under this subsection |
19 | | (B), the Agency must,
subject to the availability of |
20 | | funds, allocate 20% of the
funds to be available to |
21 | | Remediation Applicants within counties with
populations |
22 | | over 2,000,000. The
remaining funds must be made available |
23 | | to all other Remediation Applicants in
the State.
|
24 | | (3) The Agency must not approve payment in excess of |
25 | | $750,000 to a
Remediation Applicant for remediation costs |
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1 | | incurred at a remediation site.
Eligibility must be |
2 | | determined based on a minimum capital investment in the
|
3 | | redevelopment of the site, and payment amounts must not |
4 | | exceed the net
economic benefit to the State of the |
5 | | remediation project. In addition to these
limitations, the |
6 | | total payment to be made to an applicant must not exceed an
|
7 | | amount equal to 20% of the capital investment at the site.
|
8 | | (4) Only those remediation projects for which a No |
9 | | Further Remediation
Letter is issued by the Agency after |
10 | | December 31, 2001 are eligible to
participate in the |
11 | | Brownfields Site Restoration Program. The program does not
|
12 | | apply to any sites that have received a No Further |
13 | | Remediation Letter prior to
December 31, 2001 or for costs |
14 | | incurred prior to the Agency Department of Commerce and |
15 | | Economic Opportunity (formerly Department of Commerce and
|
16 | | Community Affairs) approving a
site eligible for the |
17 | | Brownfields Site Restoration Program.
|
18 | | (5) Brownfields Site Restoration Program funds shall |
19 | | be subject to
availability of funding and distributed |
20 | | based on the order of receipt of
applications satisfying |
21 | | all requirements as set forth in this Section.
|
22 | | (b) Prior to applying to the Agency for payment, a |
23 | | Remediation Applicant
shall first submit to the
Agency its |
24 | | proposed remediation costs. The Agency shall make a
|
25 | | pre-application assessment, which is not to be binding upon |
26 | | the Department of
Commerce and Economic Opportunity or upon |
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1 | | future review of the project, relating
only to whether the |
2 | | Agency has adequate funding to
reimburse the applicant for the |
3 | | remediation costs if the applicant is found to
be eligible for |
4 | | reimbursement of remediation costs. If the Agency determines
|
5 | | that it is likely to have adequate funding to reimburse the |
6 | | applicant for
remediation costs, the Remediation Applicant may |
7 | | then submit to the Agency
Department of Commerce and Economic |
8 | | Opportunity an
application for review of eligibility. The |
9 | | Agency Department must review the
eligibility application to |
10 | | determine whether the Remediation Applicant is
eligible for |
11 | | the payment. The application must be on forms prescribed and
|
12 | | provided by the Agency Department of Commerce and Economic |
13 | | Opportunity . At a minimum,
the application must include the
|
14 | | following:
|
15 | | (1) Information identifying the Remediation Applicant |
16 | | and the site for
which the payment is being sought and the |
17 | | date of acceptance into the Site
Remediation Program.
|
18 | | (2) Information demonstrating that the site for which |
19 | | the payment is
being
sought is abandoned or underutilized |
20 | | property. "Abandoned property" means
real
property |
21 | | previously used for, or that has the potential to be used |
22 | | for,
commercial or industrial purposes that reverted to |
23 | | the ownership of the State,
a county or municipal |
24 | | government, or an agency thereof, through donation,
|
25 | | purchase, tax delinquency, foreclosure, default, or |
26 | | settlement, including
conveyance by deed in lieu of |
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1 | | foreclosure; or privately owned property that
has been |
2 | | vacant for a period of not less than 3 years from the time |
3 | | an
application is made to the Agency Department of |
4 | | Commerce and Economic Opportunity .
"Underutilized |
5 | | property" means real
property of which less than 35% of |
6 | | the commercially usable space of the
property
and |
7 | | improvements thereon are used for their most commercially |
8 | | profitable and
economically productive uses.
|
9 | | (3) Information demonstrating that remediation of the |
10 | | site for which the
payment is being sought will result in a |
11 | | net economic benefit to the State of
Illinois. The "net |
12 | | economic benefit" must be determined based on factors
|
13 | | including, but not limited to, the capital investment, the |
14 | | number of jobs
created, the number of jobs retained if it |
15 | | is demonstrated the jobs would
otherwise be lost, capital |
16 | | improvements, the number of construction-related
jobs, |
17 | | increased sales, material purchases, other increases in |
18 | | service and
operational expenditures, and other factors |
19 | | established by the Agency Department of
Commerce and |
20 | | Economic Opportunity .
Priority must be given to sites |
21 | | located in areas with high levels of poverty,
where the |
22 | | unemployment rate exceeds the State average, where an |
23 | | enterprise zone
exists, or where the area is otherwise |
24 | | economically depressed as determined by
the Agency |
25 | | Department of Commerce and Economic Opportunity .
|
26 | | (4) An application fee in the amount set forth in |
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1 | | subdivision (B)(c)
for each
site for which review of an |
2 | | application is being sought.
|
3 | | (c) The fee for eligibility reviews conducted by the |
4 | | Agency Department of
Commerce
and Economic Opportunity under |
5 | | this subsection (B) is $1,000 for each site
reviewed. The
|
6 | | application fee must be made payable to the Agency
Department |
7 | | of
Commerce and Economic Opportunity for deposit into the |
8 | | Brownfields Redevelopment Workforce, Technology, and
Economic |
9 | | Development Fund. These application fees shall be used by the |
10 | | Agency
Department
for administrative expenses incurred under |
11 | | this subsection (B).
|
12 | | (d) Within 60 days after receipt by the Agency Department |
13 | | of Commerce and
Economic Opportunity of an application meeting
|
14 | | the requirements of subdivision (B)(b), the Agency Department
|
15 | | of Commerce and Economic Opportunity must issue a letter to |
16 | | the
applicant approving the application, approving the |
17 | | application with
modifications, or disapproving the |
18 | | application. If the application is
approved or approved with |
19 | | modifications, the Agency's Department of Commerce and
|
20 | | Economic Opportunity's letter must also
include its |
21 | | determination of the
"net economic benefit" of the remediation |
22 | | project and the maximum amount of the
payment to be made |
23 | | available to the applicant for remediation costs. The
payment |
24 | | by the Agency under this subsection (B) must not exceed
the |
25 | | "net economic
benefit" of the remediation project , as |
26 | | determined by the Department of
Commerce and Economic |
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1 | | Opportunity .
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2 | | (e) An application for a review of remediation costs must |
3 | | not be submitted
to the Agency unless the Agency Department of |
4 | | Commerce and
Economic Opportunity has
determined the |
5 | | Remediation Applicant is
eligible under subdivision (B)(d). If |
6 | | the Agency Department of
Commerce and Economic Opportunity has |
7 | | determined that a
Remediation Applicant is eligible under |
8 | | subdivision (B)(d),
the Remediation
Applicant may submit an |
9 | | application for payment to the Agency under this
subsection |
10 | | (B). Except as provided in subdivision (B)(f),
an
application |
11 | | for
review of remediation costs must not be submitted until a |
12 | | No Further
Remediation Letter has been issued by the Agency |
13 | | and recorded in the chain of
title for the site in accordance |
14 | | with Section 58.10. The Agency must review
the application to |
15 | | determine whether the costs submitted are remediation costs
|
16 | | and whether the costs incurred are reasonable. The application |
17 | | must be on
forms prescribed and provided by the Agency. At a |
18 | | minimum, the application
must include the following:
|
19 | | (1) Information identifying the Remediation Applicant |
20 | | and the site for
which the payment is being sought and the |
21 | | date of acceptance of the site into
the Site Remediation |
22 | | Program.
|
23 | | (2) A copy of the No Further Remediation Letter with |
24 | | official
verification
that the letter has been recorded in |
25 | | the chain of title for the site and a
demonstration that |
26 | | the site for which the application is submitted is the |
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1 | | same
site as the one for which the No Further Remediation |
2 | | Letter is issued.
|
3 | | (3) A demonstration that the release of the regulated |
4 | | substances of
concern for which the No Further Remediation |
5 | | Letter was issued was not caused
or contributed to in any |
6 | | material respect by the Remediation Applicant. The
Agency |
7 | | must make determinations as to reimbursement availability |
8 | | consistent
with rules
adopted by the Pollution Control |
9 | | Board for the administration and enforcement
of Section |
10 | | 58.9 of this Act.
|
11 | | (4) A copy of the Agency's Department of Commerce and |
12 | | Economic Opportunity's letter
approving eligibility, |
13 | | including the net economic benefit of the remediation
|
14 | | project.
|
15 | | (5) An itemization and documentation, including |
16 | | receipts, of the
remediation costs incurred.
|
17 | | (6) A demonstration that the costs incurred are |
18 | | remediation costs as
defined in this Act and rules adopted |
19 | | under this Act.
|
20 | | (7) A demonstration that the costs submitted for |
21 | | review were incurred by
the Remediation Applicant who |
22 | | received the No Further Remediation Letter.
|
23 | | (8) An application fee in the amount set forth in |
24 | | subdivision (B)(j)
for each
site for which review of |
25 | | remediation costs is requested.
|
26 | | (9) Any other information deemed appropriate by the |
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1 | | Agency.
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2 | | (f) An application for review of remediation costs may be |
3 | | submitted to the
Agency prior to the issuance of a No Further |
4 | | Remediation Letter if the
Remediation Applicant has a Remedial |
5 | | Action Plan approved by the Agency under
the terms of which the |
6 | | Remediation Applicant will remediate groundwater for
more than |
7 | | one year. The Agency must review the application to determine
|
8 | | whether the costs submitted are remediation costs and whether |
9 | | the costs
incurred are reasonable. The application must be on |
10 | | forms prescribed and
provided by the Agency. At a minimum, the |
11 | | application must include the
following:
|
12 | | (1) Information identifying the Remediation Applicant |
13 | | and the site for
which the payment is being sought and the |
14 | | date of acceptance of the site into
the Site Remediation |
15 | | Program.
|
16 | | (2) A copy of the Agency letter approving the Remedial |
17 | | Action Plan.
|
18 | | (3) A demonstration that the release of the regulated |
19 | | substances of
concern for which the Remedial Action Plan |
20 | | was approved was not caused or
contributed to in any |
21 | | material respect by the Remediation Applicant. The
Agency |
22 | | must make determinations as to reimbursement availability |
23 | | consistent
with rules
adopted by the Pollution Control |
24 | | Board for the administration and enforcement
of Section |
25 | | 58.9 of this Act.
|
26 | | (4) A copy of the Agency's Department of Commerce and |
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1 | | Economic Opportunity's letter
approving eligibility, |
2 | | including the net economic benefit of the remediation
|
3 | | project.
|
4 | | (5) An itemization and documentation, including |
5 | | receipts, of the
remediation costs incurred.
|
6 | | (6) A demonstration that the costs incurred are |
7 | | remediation costs as
defined in this Act and rules adopted |
8 | | under this Act.
|
9 | | (7) A demonstration that the costs submitted for |
10 | | review were incurred by
the Remediation Applicant who |
11 | | received approval of the Remediation Action
Plan.
|
12 | | (8) An application fee in the amount set forth in |
13 | | subdivision (B)(j)
for each
site for which review of |
14 | | remediation costs is requested.
|
15 | | (9) Any other information deemed appropriate by the |
16 | | Agency.
|
17 | | (g) For a Remediation Applicant seeking a payment under |
18 | | subdivision
(B)(f),
until the Agency issues a No Further |
19 | | Remediation Letter for the site, no more
than 75% of the |
20 | | allowed payment may be claimed by the Remediation Applicant.
|
21 | | The remaining 25% may be claimed following the issuance by the |
22 | | Agency of a
No Further Remediation Letter for the site. For a |
23 | | Remediation Applicant
seeking a payment under subdivision |
24 | | (B)(e), until the
Agency issues a No Further
Remediation |
25 | | Letter for the site, no payment may be
claimed by the |
26 | | Remediation Applicant.
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1 | | (h) (1) Within 60 days after receipt by the Agency of an |
2 | | application
meeting the requirements of subdivision (B)(e) |
3 | | or (B)(f),
the Agency must issue a
letter to the applicant |
4 | | approving, disapproving, or modifying the remediation
|
5 | | costs submitted in the application. If an application is |
6 | | disapproved or
approved with modification of remediation |
7 | | costs, then the Agency's letter must
set forth the reasons |
8 | | for the disapproval or modification.
|
9 | | (2) If a preliminary review of a budget plan has been |
10 | | obtained under
subdivision (B)(i), the Remediation |
11 | | Applicant may submit, with the application
and
supporting |
12 | | documentation under subdivision (B)(e) or (B)(f), a copy |
13 | | of the
Agency's
final determination accompanied by a |
14 | | certification that the actual remediation
costs incurred |
15 | | for the development and implementation of the Remedial |
16 | | Action
Plan are equal to or less than the costs approved in |
17 | | the Agency's final
determination on the budget plan. The |
18 | | certification must be signed by the
Remediation Applicant |
19 | | and notarized. Based on that submission, the Agency is
not |
20 | | required to conduct further review of the costs incurred |
21 | | for development
and implementation of the Remedial Action |
22 | | Plan and may approve costs as
submitted.
|
23 | | (3) Within 35 days after receipt of an Agency letter |
24 | | disapproving or
modifying an application for approval of |
25 | | remediation costs, the Remediation
Applicant may appeal |
26 | | the Agency's decision to the Board in the manner provided
|
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1 | | for the review of permits in Section 40 of this Act.
|
2 | | (i) (1) A Remediation Applicant may obtain a preliminary |
3 | | review of
estimated remediation costs for the development |
4 | | and implementation of the
Remedial Action Plan by |
5 | | submitting a budget plan along with the Remedial
Action |
6 | | Plan. The budget plan must be set forth on forms |
7 | | prescribed and
provided by the Agency and must include, |
8 | | but is not limited to, line item
estimates of the costs |
9 | | associated with each line item (such as personnel,
|
10 | | equipment, and materials) that the Remediation Applicant |
11 | | anticipates will be
incurred for the development and |
12 | | implementation of the Remedial Action Plan.
The Agency |
13 | | must review the budget plan along with the Remedial Action |
14 | | Plan to
determine whether the estimated costs submitted |
15 | | are remediation costs and
whether the costs estimated for |
16 | | the activities are reasonable.
|
17 | | (2) If the Remedial Action Plan is amended by the |
18 | | Remediation Applicant
or
as a result of Agency action, the |
19 | | corresponding budget plan must be revised
accordingly and |
20 | | resubmitted for Agency review.
|
21 | | (3) The budget plan must be accompanied by the |
22 | | applicable fee as set
forth
in subdivision (B)(j).
|
23 | | (4) Submittal of a budget plan must be deemed an |
24 | | automatic 60-day
waiver of the Remedial Action Plan review |
25 | | deadlines set forth in this
subsection (B)
and rules |
26 | | adopted under this subsection (B).
|
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1 | | (5) Within the applicable period of review, the Agency |
2 | | must issue a
letter
to the Remediation Applicant |
3 | | approving, disapproving, or modifying the
estimated |
4 | | remediation costs submitted in the budget plan. If a |
5 | | budget plan is
disapproved or approved with modification |
6 | | of estimated remediation costs, the
Agency's letter must |
7 | | set forth the reasons for the disapproval or modification.
|
8 | | (6) Within 35 days after receipt of an Agency letter |
9 | | disapproving or
modifying a budget plan, the Remediation |
10 | | Applicant may appeal the Agency's
decision to the Board in |
11 | | the manner provided for the review of permits in
Section |
12 | | 40 of this Act.
|
13 | | (j) The fees for reviews conducted by the Agency under |
14 | | this subsection (B)
are in
addition to any other fees or |
15 | | payments for Agency services rendered pursuant to
the Site |
16 | | Remediation Program and are as follows:
|
17 | | (1) The fee for an application for review of |
18 | | remediation costs is $1,000
for each site reviewed.
|
19 | | (2) The fee for the review of the budget plan |
20 | | submitted under
subdivision
(B)(i) is $500 for each site |
21 | | reviewed.
|
22 | | The application fee and the fee for the review of the |
23 | | budget plan must be
made payable to the State of Illinois, for
|
24 | | deposit into the Brownfields Redevelopment Fund.
|
25 | | (k) Moneys in the Brownfields Redevelopment Fund may be |
26 | | used for the
purposes of this Section, including payment for |
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1 | | the costs of
administering this subsection (B).
Any moneys |
2 | | remaining in the Brownfields Site Restoration Program Fund on |
3 | | the
effective date of this amendatory Act of the 92nd General |
4 | | Assembly shall be
transferred to the Brownfields Redevelopment |
5 | | Fund.
Total payments made to all Remediation Applicants by the |
6 | | Agency for purposes of
this subsection (B) must not exceed |
7 | | $1,000,000 in State fiscal year 2002.
|
8 | | (l) The Department and the Agency is are authorized to |
9 | | enter into any
contracts
or
agreements that may be necessary |
10 | | to carry out the Agency's their duties and responsibilities
|
11 | | under this subsection (B).
|
12 | | (m) Within 6 months after the effective date of this |
13 | | amendatory Act of
2002,
the Department of Commerce and |
14 | | Community Affairs (now Department of Commerce and Economic |
15 | | Opportunity) and the Agency must propose
rules prescribing |
16 | | procedures and
standards for the administration of this |
17 | | subsection (B). Within 9 months after
receipt of the proposed |
18 | | rules, the Board shall adopt on second notice, pursuant
to |
19 | | Sections 27 and 28 of this Act and the Illinois Administrative |
20 | | Procedure
Act, rules that are consistent with this subsection |
21 | | (B). Prior to the
effective date
of rules adopted under this |
22 | | subsection (B), the Department of Commerce and
Community
|
23 | | Affairs (now Department of Commerce and Economic Opportunity)
|
24 | | and the Agency may conduct
reviews of applications under this |
25 | | subsection (B) and the Agency is further
authorized
to |
26 | | distribute guidance documents on costs that are eligible or |
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1 | | ineligible as
remediation costs.
|
2 | | (Source: P.A. 97-333, eff. 8-12-11.)
|
3 | | Section 960. The Solid Waste Planning and Recycling Act is |
4 | | amended by changing Section 7 as follows:
|
5 | | (415 ILCS 15/7) (from Ch. 85, par. 5957)
|
6 | | Sec. 7.
(a) Each county shall begin implementation of its |
7 | | waste
management plan, including the recycling program, within |
8 | | one year of
adoption of the plan. The county may enter into |
9 | | written agreements with
other persons, including a |
10 | | municipality or persons transporting municipal
waste on the |
11 | | effective date of this Act, pursuant to which the persons
|
12 | | undertake to fulfill some or all of the county's |
13 | | responsibilities under
this Act. A person who enters into an |
14 | | agreement shall be responsible with
the county for the |
15 | | implementation of such programs.
|
16 | | (b) In implementing the recycling program, consideration |
17 | | for the
collection, marketing and disposition of recyclable |
18 | | materials shall be
given to persons engaged in the business of |
19 | | recycling within the county on
the effective date of this Act, |
20 | | whether or not the persons were operating
for profit.
|
21 | | If a township within the county is operating a recycling |
22 | | program on the
effective date of the plan which substantially |
23 | | conforms with or exceeds the
requirements of the recycling |
24 | | program included in the plan, the township
may continue to |
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1 | | operate its recycling program, and such operation shall
|
2 | | constitute, within the township, implementation of the |
3 | | recycling program
included in the plan. A township may at any |
4 | | time adopt and implement a
recycling program that is more |
5 | | stringent than that required by the county
waste management |
6 | | plan.
|
7 | | (c) The Agency Department shall assist counties in |
8 | | implementing recycling
programs under this Act, and may, |
9 | | pursuant to appropriation, make grants
and loans from the |
10 | | Solid Waste Management Fund to counties or other units of
|
11 | | local government for that purpose, to be used for capital |
12 | | assistance or for the payment of
recycling diversion credits |
13 | | or for other recycling program purposes, in
accordance with |
14 | | such guidelines as may be adopted by the Agency Department .
|
15 | | (Source: P.A. 97-333, eff. 8-12-11.)
|
16 | | Section 970. The Illinois Solid Waste Management Act is |
17 | | amended by changing Sections 2.1, 3, 3.1, 6, 6a, 7, and 8 as |
18 | | follows:
|
19 | | (415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
|
20 | | Sec. 2.1. Definitions. When used in this Act, unless the |
21 | | context
otherwise requires, the following terms have the |
22 | | meanings ascribed to them
in this Section:
|
23 | | "Agency" means the Environmental Protection Agency. |
24 | | "Department", when a particular entity is not specified, |
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1 | | means (i) in
the case of a function to be performed on or after |
2 | | July 1, 1995 (the effective
date of the Department of Natural |
3 | | Resources Act) and until the effective date of this amendatory |
4 | | Act of the 102nd General Assembly , the Department of Commerce
|
5 | | and Community Affairs
(now Department of Commerce and Economic |
6 | | Opportunity), as successor to the former Department of Energy |
7 | | and
Natural Resources under the Department of Natural |
8 | | Resources Act; or (ii) in
the case of a function required to be |
9 | | performed before July 1, 1995, the
former Illinois Department |
10 | | of Energy and Natural Resources.
|
11 | | "Deinked stock" means paper that has been processed to |
12 | | remove inks,
clays, coatings, binders and other contaminants.
|
13 | | "End product" means only those items that are designed to |
14 | | be used until
disposal; items designed to be used in |
15 | | production of a subsequent item are
excluded.
|
16 | | "High grade printing and writing papers" includes offset |
17 | | printing paper,
duplicator paper, writing paper (stationery), |
18 | | office paper, note
pads, xerographic paper, envelopes, form |
19 | | bond including computer
paper and carbonless forms, book |
20 | | papers, bond papers, ledger paper, book
stock and cotton fiber |
21 | | papers.
|
22 | | "Paper and paper products" means high grade printing and |
23 | | writing
papers, tissue products, newsprint, unbleached |
24 | | packaging and recycled
paperboard.
|
25 | | "Postconsumer material" means only those products |
26 | | generated by a business
or consumer which have served their |
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1 | | intended end uses, and which have been
separated or diverted |
2 | | from solid waste; wastes generated during production
of an end |
3 | | product are excluded.
|
4 | | "Recovered paper material" means paper waste generated |
5 | | after the completion
of the papermaking process, such as |
6 | | postconsumer materials, envelope cuttings,
bindery trimmings, |
7 | | printing waste, cutting and other converting waste, butt
|
8 | | rolls, and mill wrappers, obsolete inventories, and rejected |
9 | | unused stock.
"Recovered paper material", however, does not |
10 | | include fibrous waste
generated during the manufacturing |
11 | | process such as fibers recovered from
waste water or trimmings |
12 | | of paper machine rolls (mill broke), or fibrous
byproducts of |
13 | | harvesting, extraction or woodcutting processes, or forest
|
14 | | residues such as bark.
|
15 | | "Recycled paperboard" includes recycled paperboard |
16 | | products, folding
cartons and pad backing.
|
17 | | "Recycling" means the process by which solid waste is |
18 | | collected,
separated and processed for reuse as either a raw |
19 | | material or a product
which itself is subject to recycling,
|
20 | | but does not include the combustion
of waste for energy |
21 | | recovery or volume reduction.
|
22 | | "Tissue products" includes toilet tissue, paper towels, |
23 | | paper napkins,
facial tissue, paper doilies, industrial |
24 | | wipers, paper bags and brown papers.
|
25 | | "Unbleached packaging" includes corrugated and fiber |
26 | | boxes.
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1 | | "USEPA Guidelines for federal procurement" means all |
2 | | minimum recycled
content standards recommended by the U.S. |
3 | | Environmental Protection Agency.
|
4 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
5 | | (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
|
6 | | Sec. 3. State agency materials recycling program.
|
7 | | (a) All State agencies responsible for the maintenance of |
8 | | public lands in
the State shall, to the maximum extent |
9 | | feasible, use compost materials in all land maintenance
|
10 | | activities which are to be paid with public funds.
|
11 | | (a-5) All State agencies responsible for the maintenance |
12 | | of public lands in the State shall review its procurement |
13 | | specifications and policies to determine (1) if incorporating |
14 | | compost materials will help reduce stormwater run-off and |
15 | | increase infiltration of moisture in land maintenance |
16 | | activities and (2) the current recycled content usage and |
17 | | potential for additional recycled content usage by the Agency |
18 | | in land maintenance activities and report to the General |
19 | | Assembly by December 15, 2015. |
20 | | (b) The Department of Central Management Services, in |
21 | | coordination
with the Agency Department of Commerce and |
22 | | Economic Opportunity , shall implement
waste reduction |
23 | | programs, including source separation and collection, for
|
24 | | office wastepaper, corrugated containers, newsprint and mixed |
25 | | paper, in all
State buildings as appropriate and feasible. |
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1 | | Such waste reduction programs
shall be designed to achieve |
2 | | waste reductions of at least 25% of
all such waste by December |
3 | | 31, 1995, and at least 50% of all such waste by
December 31, |
4 | | 2000. Any source separation and collection program
shall |
5 | | include, at a minimum, procedures for collecting and storing
|
6 | | recyclable materials, bins or containers for storing |
7 | | materials, and
contractual or other arrangements with buyers |
8 | | of recyclable materials. If
market conditions so warrant, the |
9 | | Department of Central Management
Services, in coordination |
10 | | with the Agency Department of Commerce and Economic |
11 | | Opportunity , may modify programs developed pursuant to this |
12 | | Section.
|
13 | | The Department of Commerce and Community Affairs (now |
14 | | Department of Commerce and Economic Opportunity) shall conduct |
15 | | waste
categorization studies of all State facilities for |
16 | | calendar years 1991,
1995 and 2000. Such studies shall be |
17 | | designed to assist the Department of
Central Management |
18 | | Services to achieve the waste reduction goals
established in |
19 | | this subsection.
|
20 | | (c) Each State agency shall, upon consultation with the |
21 | | Agency Department of
Commerce and Economic Opportunity ,
|
22 | | periodically review its procurement procedures and |
23 | | specifications related
to the purchase of products or |
24 | | supplies. Such procedures and
specifications shall be modified |
25 | | as necessary to require the procuring
agency to seek out |
26 | | products and supplies that contain recycled materials,
and to |
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1 | | ensure that purchased products or supplies are reusable, |
2 | | durable or
made from recycled materials whenever economically |
3 | | and practically
feasible. In choosing among products or |
4 | | supplies that contain recycled
material, consideration shall |
5 | | be given to products and supplies with the
highest recycled |
6 | | material content that is consistent with the effective and
|
7 | | efficient use of the product or supply.
|
8 | | (d) Wherever economically and practically feasible, the |
9 | | Department of
Central Management Services shall procure |
10 | | recycled paper and paper products
as follows:
|
11 | | (1) Beginning July 1, 1989, at least 10% of the
total |
12 | | dollar value of paper and paper products purchased by
the |
13 | | Department of Central Management Services shall be
|
14 | | recycled paper and paper products.
|
15 | | (2) Beginning July 1, 1992, at least 25% of the
total |
16 | | dollar value of paper and paper products purchased by
the |
17 | | Department of Central Management Services shall be
|
18 | | recycled paper and paper products.
|
19 | | (3) Beginning July 1, 1996, at least
40% of the total |
20 | | dollar value of paper and paper products
purchased by the |
21 | | Department of Central Management Services shall be
|
22 | | recycled paper and paper products.
|
23 | | (4) Beginning July 1, 2000, at least 50% of the total |
24 | | dollar value of
paper and paper products purchased by the |
25 | | Department of Central Management
Services shall be |
26 | | recycled paper and paper products.
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1 | | (e) Paper and paper products purchased from private |
2 | | vendors
pursuant to printing contracts are not considered |
3 | | paper products for the
purposes of subsection (d). However, |
4 | | the Department of Central Management
Services shall report to |
5 | | the General Assembly on an annual
basis the total dollar value |
6 | | of printing contracts awarded to private
sector vendors that |
7 | | included the use of recycled paper.
|
8 | | (f)(1) Wherever economically and practically feasible, |
9 | | the recycled paper
and paper products referred to in |
10 | | subsection (d) shall contain postconsumer
or recovered |
11 | | paper materials as specified by paper category in this |
12 | | subsection:
|
13 | | (i) Recycled high grade printing and writing paper |
14 | | shall contain at
least 50% recovered paper material. |
15 | | Such recovered paper material, until
July 1, 1994, |
16 | | shall consist of at least 20% deinked stock or |
17 | | postconsumer
material; and beginning July 1, 1994, |
18 | | shall consist of at least 25%
deinked stock or |
19 | | postconsumer material; and beginning July 1, 1996, |
20 | | shall
consist of at least 30% deinked stock or |
21 | | postconsumer material; and
beginning July 1, 1998, |
22 | | shall consist of at least 40% deinked stock or
|
23 | | postconsumer material; and beginning July 1, 2000, |
24 | | shall consist of at
least 50% deinked stock or |
25 | | postconsumer material.
|
26 | | (ii) Recycled tissue products, until July 1, 1994, |
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1 | | shall contain at
least 25% postconsumer material; and |
2 | | beginning July 1, 1994, shall contain
at least 30% |
3 | | postconsumer material; and beginning July 1, 1996, |
4 | | shall
contain at least 35% postconsumer material; and |
5 | | beginning July 1, 1998,
shall contain at least 40% |
6 | | postconsumer material; and beginning July 1,
2000, |
7 | | shall contain at least 45% postconsumer material.
|
8 | | (iii) Recycled newsprint, until July 1, 1994, |
9 | | shall contain at least
40% postconsumer material; and |
10 | | beginning July 1, 1994, shall contain at
least 50% |
11 | | postconsumer material; and beginning July 1, 1996, |
12 | | shall contain
at least 60% postconsumer material; and |
13 | | beginning July 1, 1998, shall
contain at least 70% |
14 | | postconsumer material; and beginning July 1, 2000,
|
15 | | shall contain at least 80% postconsumer material.
|
16 | | (iv) Recycled unbleached packaging, until July 1, |
17 | | 1994, shall
contain at least 35% postconsumer |
18 | | material; and beginning July 1, 1994,
shall contain at |
19 | | least 40% postconsumer material; and beginning July 1,
|
20 | | 1996, shall contain at least 45% postconsumer |
21 | | material; and beginning July
1, 1998, shall contain at |
22 | | least 50% postconsumer material; and beginning
July 1, |
23 | | 2000, shall contain at least 55% postconsumer |
24 | | material.
|
25 | | (v) Recycled paperboard, until July 1, 1994, shall |
26 | | contain at least
80% postconsumer material; and |
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1 | | beginning July 1, 1994, shall contain at
least 85% |
2 | | postconsumer material; and beginning July 1, 1996, |
3 | | shall contain
at least 90% postconsumer material; and |
4 | | beginning July 1, 1998, shall
contain at least 95% |
5 | | postconsumer material.
|
6 | | (2) For the purposes of this Section, "postconsumer |
7 | | material" includes:
|
8 | | (i) paper, paperboard, and fibrous wastes from |
9 | | retail stores, office
buildings, homes, and so forth, |
10 | | after the waste has passed through its end
usage as a |
11 | | consumer item, including used corrugated boxes, old |
12 | | newspapers,
mixed waste paper, tabulating cards, and |
13 | | used cordage; and
|
14 | | (ii) all paper, paperboard, and fibrous wastes |
15 | | that are diverted or
separated from the municipal |
16 | | solid waste stream.
|
17 | | (3) For the purposes of this Section, "recovered paper |
18 | | material" includes:
|
19 | | (i) postconsumer material;
|
20 | | (ii) dry paper and paperboard waste generated |
21 | | after completion of the
papermaking process (that is, |
22 | | those manufacturing operations up to and
including the |
23 | | cutting and trimming of the paper machine reel into |
24 | | smaller
rolls or rough sheets), including envelope |
25 | | cuttings, bindery trimmings, and
other paper and |
26 | | paperboard waste resulting from printing, cutting,
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1 | | forming, and other converting operations, or from bag, |
2 | | box and carton
manufacturing, and butt rolls, mill |
3 | | wrappers, and rejected unused stock; and
|
4 | | (iii) finished paper and paperboard from obsolete |
5 | | inventories of
paper and paperboard manufacturers, |
6 | | merchants, wholesalers, dealers,
printers, converters, |
7 | | or others.
|
8 | | (g) The Department of Central Management Services may
|
9 | | adopt regulations to carry out the provisions and
purposes of |
10 | | this Section.
|
11 | | (h) Every State agency shall, in its procurement |
12 | | documents, specify
that, whenever economically and practically |
13 | | feasible, a product to be
procured must consist, wholly or in |
14 | | part, of recycled materials, or be
recyclable or reusable in |
15 | | whole or in part. When applicable, if state
guidelines are not |
16 | | already prescribed, State agencies shall follow USEPA
|
17 | | guidelines for federal procurement.
|
18 | | (i) All State agencies shall cooperate with the Department |
19 | | of Central
Management Services in carrying out this Section. |
20 | | The Department of
Central Management Services may enter into |
21 | | cooperative purchasing
agreements with other governmental |
22 | | units in order to obtain volume
discounts, or for other |
23 | | reasons in accordance with the Governmental Joint
Purchasing |
24 | | Act, or in accordance with the Intergovernmental Cooperation |
25 | | Act
if governmental units of other states or the federal |
26 | | government are involved.
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1 | | (j) The Department of Central Management Services shall |
2 | | submit an annual
report to the General Assembly concerning its |
3 | | implementation of the
State's collection and recycled paper |
4 | | procurement programs. This report
shall include a description |
5 | | of the actions that the Department of Central
Management |
6 | | Services has taken in the previous fiscal year to implement |
7 | | this
Section. This report shall be submitted on or before |
8 | | November 1 of each year.
|
9 | | (k) The Department of Central Management Services, in
|
10 | | cooperation with all other appropriate departments and |
11 | | agencies of the
State, shall institute whenever economically |
12 | | and practically feasible the
use of re-refined motor oil in |
13 | | all State-owned motor vehicles and the use
of remanufactured |
14 | | and retread tires whenever such use is practical,
beginning no |
15 | | later than July 1, 1992.
|
16 | | (l) (Blank).
|
17 | | (m) The Department of Central Management Services, in |
18 | | coordination with
the Department of Commerce and Community |
19 | | Affairs (now Department of Commerce and Economic Opportunity), |
20 | | has implemented an aluminum
can recycling program in all State |
21 | | buildings within 270 days of the effective
date of this |
22 | | amendatory Act of 1997. The program provides for (1) the
|
23 | | collection and storage of used aluminum cans in bins or other |
24 | | appropriate
containers made reasonably available to occupants |
25 | | and visitors of State
buildings and (2) the sale of used |
26 | | aluminum cans to buyers of recyclable
materials.
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1 | | Proceeds from the sale of used aluminum cans shall be |
2 | | deposited into I-CYCLE
accounts maintained in the Facilities |
3 | | Management Revolving Fund and, subject
to appropriation, shall |
4 | | be used by the Department of Central Management
Services and |
5 | | any other State agency to offset the costs of implementing the
|
6 | | aluminum can recycling program under this Section.
|
7 | | All State agencies having an aluminum can recycling |
8 | | program in place shall
continue with their current plan. If a |
9 | | State agency has an existing recycling
program in place, |
10 | | proceeds from the aluminum can recycling program may be
|
11 | | retained and distributed pursuant to that program, otherwise |
12 | | all revenue
resulting from these programs shall be forwarded |
13 | | to Central Management
Services, I-CYCLE for placement into the |
14 | | appropriate account within the Facilities Management Revolving |
15 | | Fund, minus any operating costs associated with the
program.
|
16 | | (Source: P.A. 101-636, eff. 6-10-20.)
|
17 | | (415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
|
18 | | Sec. 3.1. Institutions of higher learning.
|
19 | | (a) For purposes of this
Section "State-supported |
20 | | institutions of higher learning" or
"institutions" means the |
21 | | University of Illinois, Southern Illinois
University, the |
22 | | colleges and universities under the jurisdiction of the
Board |
23 | | of Governors of State Colleges and Universities, the colleges |
24 | | and
universities under the jurisdiction of the Board of |
25 | | Regents of Regency
Universities, and the public community |
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1 | | colleges subject to the Public
Community College Act.
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2 | | (b) Each State-supported institution of higher learning |
3 | | shall develop a
comprehensive waste reduction plan covering a |
4 | | period of 10 years
which addresses the management of solid |
5 | | waste generated by academic,
administrative, student housing |
6 | | and other institutional functions. The
waste reduction plan |
7 | | shall be developed by January 1, 1995. The
initial plan |
8 | | required under this Section shall be updated by the
|
9 | | institution every 5 years, and any proposed amendments to the |
10 | | plan shall be
submitted for review in accordance with |
11 | | subsection (f).
|
12 | | (c) Each waste reduction plan shall address, at a minimum, |
13 | | the
following topics: existing waste generation by volume, |
14 | | waste composition,
existing waste reduction and recycling |
15 | | activities, waste collection and
disposal costs, future waste |
16 | | management methods, and specific goals to
reduce the amount of |
17 | | waste generated that is subject to landfill disposal.
|
18 | | (d) Each waste reduction plan shall provide for recycling |
19 | | of
marketable materials currently present in the institution's |
20 | | waste stream,
including but not limited to landscape waste, |
21 | | corrugated cardboard,
computer paper, and white office paper, |
22 | | and shall provide for the
investigation of potential markets |
23 | | for other recyclable materials present in
the institution's |
24 | | waste stream. The recycling provisions of the
waste reduction |
25 | | plan shall be designed to achieve, by January 1, 2000, at
least |
26 | | a 40% reduction (referenced to a base year of 1987) in the |
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1 | | amount
of solid waste that is generated by the institution and |
2 | | identified in the
waste reduction plan as being subject to |
3 | | landfill disposal.
|
4 | | (e) Each waste reduction plan shall evaluate the |
5 | | institution's
procurement policies and practices to eliminate |
6 | | procedures which
discriminate against items with recycled |
7 | | content, and to identify products
or items which are procured |
8 | | by the institution on a frequent or repetitive
basis for which |
9 | | products with recycled content may be substituted. Each
waste |
10 | | reduction plan shall prescribe that it will be the policy of
|
11 | | the institution to purchase products with recycled content |
12 | | whenever such
products have met specifications and standards |
13 | | of equivalent products which
do not contain recycled content.
|
14 | | (f) Each waste reduction plan developed in accordance with |
15 | | this
Section shall be submitted to the Agency Department of |
16 | | Commerce and Economic Opportunity for review and approval. The |
17 | | Agency's
Department's review shall be
conducted in cooperation |
18 | | with the Board of Higher Education and the
Illinois Community |
19 | | College Board.
|
20 | | (g) The Agency Department of Commerce and Economic |
21 | | Opportunity shall provide
technical assistance, technical |
22 | | materials, workshops and other information
necessary to assist |
23 | | in the development and implementation of the
waste reduction |
24 | | plans. The Agency Department shall develop guidelines and
|
25 | | funding criteria for providing grant assistance to |
26 | | institutions for the
implementation of approved waste |
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1 | | reduction plans.
|
2 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
3 | | (415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
|
4 | | Sec. 6. The Agency Department of Commerce and Economic |
5 | | Opportunity shall be the lead agency for implementation of |
6 | | this Act and
shall have the following powers:
|
7 | | (a) To provide technical and educational assistance for |
8 | | applications of
technologies and practices which will minimize |
9 | | the land disposal of
non-hazardous solid waste; economic |
10 | | feasibility of implementation of solid
waste management |
11 | | alternatives; analysis of markets for recyclable materials
and |
12 | | energy products; application of the Geographic Information
|
13 | | System to provide analysis of natural resource, land use, and |
14 | | environmental
impacts; evaluation of financing and ownership |
15 | | options; and evaluation of
plans prepared by units of local |
16 | | government pursuant to Section 22.15 of
the Environmental |
17 | | Protection Act.
|
18 | | (b) (Blank).
|
19 | | (c) To provide loans or recycling and composting grants to |
20 | | businesses and
not-for-profit and governmental organizations |
21 | | for the purposes of increasing
the quantity of materials |
22 | | recycled or composted in Illinois; developing and
implementing
|
23 | | innovative recycling methods and technologies; developing and |
24 | | expanding
markets for recyclable materials; and increasing the |
25 | | self-sufficiency of
the recycling industry in Illinois. The |
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1 | | Agency Department shall work with and
coordinate its |
2 | | activities with existing for-profit and not-for-profit
|
3 | | collection and recycling systems to encourage orderly growth |
4 | | in the supply
of and markets for recycled materials and to |
5 | | assist existing collection and
recycling efforts.
|
6 | | The Agency Department shall develop a public education |
7 | | program concerning the
importance of both composting and |
8 | | recycling in order to preserve landfill
space in Illinois.
|
9 | | (d) To establish guidelines and funding criteria for the |
10 | | solicitation of
projects under this Act, and to receive and |
11 | | evaluate applications for
loans or grants for solid waste |
12 | | management projects based upon such
guidelines and criteria. |
13 | | Funds may be loaned with or without interest.
|
14 | | (e) To support and coordinate solid waste research in |
15 | | Illinois, and to
approve the annual solid waste research |
16 | | agenda prepared by the University of
Illinois.
|
17 | | (f) To provide loans or grants for research, development |
18 | | and
demonstration of innovative technologies and practices, |
19 | | including but not
limited to pilot programs for collection and |
20 | | disposal of household wastes.
|
21 | | (g) To promulgate such rules and regulations as are |
22 | | necessary to carry
out the purposes of subsections (c), (d) |
23 | | and (f) of this Section.
|
24 | | (h) (Blank). To cooperate with the Environmental |
25 | | Protection Agency for the
purposes specified herein.
|
26 | | The Agency Department is authorized to accept any and all |
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1 | | grants,
repayments of
interest and principal on loans, |
2 | | matching funds,
reimbursements, appropriations, income derived |
3 | | from investments, or other
things of value from the federal or |
4 | | state governments or from any
institution, person, |
5 | | partnership, joint venture, corporation, public or
private.
|
6 | | The Agency Department is authorized to use moneys |
7 | | available for that purpose, subject
to appropriation, |
8 | | expressly for the purpose of implementing a
loan program |
9 | | according to procedures established pursuant to this Act.
|
10 | | Those moneys shall be used by the Agency Department for the |
11 | | purpose of
financing additional projects and for the Agency's |
12 | | Department's administrative
expenses related thereto.
|
13 | | (Source: P.A. 100-621, eff. 7-20-18.)
|
14 | | (415 ILCS 20/6a) (from Ch. 111 1/2, par. 7056a)
|
15 | | Sec. 6a. The Agency Department of Commerce and Economic |
16 | | Opportunity shall:
|
17 | | (1) Work with nationally based consumer groups and |
18 | | trade associations to support the development of
|
19 | | nationally recognized logos which may be used to indicate |
20 | | whether a
container and any other consumer products which |
21 | | are claimed to be recyclable by a product manufacturer are |
22 | | recyclable, compostable, or biodegradable.
|
23 | | (2) Work with nationally based consumer groups and |
24 | | trade associations to
develop nationally recognized |
25 | | criteria for determining under what
conditions the logos |
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1 | | may be used.
|
2 | | (3) Develop and conduct a public education and |
3 | | awareness campaign to
encourage the public to look for and |
4 | | buy products in containers which are
recyclable or made of |
5 | | recycled materials.
|
6 | | (4) Develop and prepare educational materials |
7 | | describing the benefits
and methods of recycling for |
8 | | distribution to elementary schools in Illinois.
|
9 | | (Source: P.A. 99-306, eff. 1-1-16 .)
|
10 | | (415 ILCS 20/7) (from Ch. 111 1/2, par. 7057)
|
11 | | Sec. 7. It is the intent of this Act to provide the |
12 | | framework for a
comprehensive solid waste management program |
13 | | in Illinois.
|
14 | | The Department shall prepare and
submit to the Governor |
15 | | and the General Assembly on or before January 1,
1992, a report |
16 | | evaluating the effectiveness of the programs provided under
|
17 | | this Act and Section 22.14 of the Environmental Protection |
18 | | Act; assessing
the need for a continuation of existing |
19 | | programs, development and
implementation of new programs and |
20 | | appropriate funding mechanisms; and
recommending legislative |
21 | | and administrative action to fully implement a
comprehensive |
22 | | solid waste management program in Illinois.
|
23 | | The Department shall investigate the suitability and |
24 | | advisability of
providing tax incentives for Illinois |
25 | | businesses to use recycled products
and purchase or lease |
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1 | | recycling equipment and shall report to the Governor
and the |
2 | | General Assembly by January 1, 1987 on the results of this
|
3 | | investigation.
|
4 | | By July 1, 1989, the Department shall
submit to the |
5 | | Governor and members of the General Assembly a waste reduction
|
6 | | report:
|
7 | | (a) that describes various mechanisms that could be |
8 | | utilized to
stimulate and enhance the reduction of |
9 | | industrial and post-consumer waste
in the State, including |
10 | | their advantages and disadvantages. The mechanisms
to be |
11 | | analyzed shall include, but not be limited to, incentives |
12 | | for
prolonging product life, methods for ensuring product |
13 | | recyclability, taxes
for excessive packaging, tax |
14 | | incentives, prohibitions on the use of certain
products, |
15 | | and performance standards for products; and
|
16 | | (b) that includes specific recommendations to |
17 | | stimulate and enhance
waste reduction in the industrial |
18 | | and consumer sector, including, but not
limited to, |
19 | | legislation, financial incentives and disincentives, and |
20 | | public
education.
|
21 | | The Agency Department of Commerce and Economic |
22 | | Opportunity , with the cooperation of the State Board of |
23 | | Education , the Illinois
Environmental Protection Agency, and |
24 | | others as needed, shall develop,
coordinate and conduct an |
25 | | education program for
solid waste management and recycling. |
26 | | The program shall include, but not
be limited to, education |
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1 | | for the general public, businesses, government,
educators and |
2 | | students.
|
3 | | The education program shall address, at a minimum, the |
4 | | following topics:
the solid waste management alternatives of |
5 | | recycling, composting, and
source reduction; resource |
6 | | allocation and depletion; solid waste planning;
reuse of |
7 | | materials; pollution prevention; and household hazardous |
8 | | waste.
|
9 | | The Agency Department of Commerce and Economic Opportunity |
10 | | shall cooperate with
municipal and county governments,
|
11 | | regional school superintendents, educational educational |
12 | | service centers, local school
districts, and planning agencies |
13 | | and committees to coordinate local and
regional education |
14 | | programs and workshops and to expedite the exchange of
|
15 | | technical information.
|
16 | | By March 1, 1989, the Department shall prepare a report on |
17 | | strategies
for distributing and marketing landscape waste |
18 | | compost from centralized
composting sites operated by units of |
19 | | local government. The report shall,
at a minimum, evaluate the |
20 | | effects of product quality, assured supply, cost
and public |
21 | | education on the availability of compost, free delivery, and
|
22 | | public sales composting program. The evaluation of public |
23 | | sales programs
shall focus on direct retail sale of bagged |
24 | | compost at the site or special
distribution centers and bulk |
25 | | sale of finished compost to wholesalers for
resale.
|
26 | | (Source: P.A. 101-81, eff. 7-12-19.)
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1 | | Section 975. The Recycled Newsprint Use Act is amended by |
2 | | changing Sections 2002.03, 2004, 2005, 2007, 2008, 2010, 2011, |
3 | | 2012, and 2013 as follows: |
4 | | (415 ILCS 110/2002.03 new) |
5 | | Sec. 2002.03. Agency. "Agency" means the Environmental |
6 | | Protection Agency.
|
7 | | (415 ILCS 110/2004) (from Ch. 96 1/2, par. 9754)
|
8 | | Sec. 2004. Consumer usage certification. Each consumer of |
9 | | newsprint
within the State shall, on or before March 1 of each |
10 | | year, certify to the Agency
Department the amount in tons of |
11 | | every type of newsprint used by the
consumer of newsprint the |
12 | | previous year and the percentage of recycled
fibers present in |
13 | | each type of newsprint, so that the Agency Department can
|
14 | | calculate the recycled fiber usage for that consumer of |
15 | | newsprint.
All Illinois consumers of newsprint shall submit |
16 | | the first consumer usage
certificate by March 1, 1992, for the |
17 | | calendar year 1991. Only consumers of
newsprint who provide |
18 | | timely usage
certificates shall receive credit for recycled |
19 | | fiber usage.
|
20 | | (Source: P.A. 91-583, eff. 1-1-00.)
|
21 | | (415 ILCS 110/2005) (from Ch. 96 1/2, par. 9755)
|
22 | | Sec. 2005. Audit. Every consumer of newsprint who submits |
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1 | | recycled
fiber usage certification may be subject to an audit |
2 | | by the Agency Department to
ensure that the recycled fiber |
3 | | percentage requirement was met.
|
4 | | (Source: P.A. 86-1443.)
|
5 | | (415 ILCS 110/2007) (from Ch. 96 1/2, par. 9757)
|
6 | | Sec. 2007. List identifying consumers and suppliers. For |
7 | | the purposes
of implementing and enforcing this Act, the |
8 | | Agency Department shall develop and
maintain a list that |
9 | | identifies every consumer of newsprint in Illinois and
every |
10 | | person who supplies a consumer of newsprint with newsprint. |
11 | | The Agency
Department may use information from local business |
12 | | permits, trade
publications, or any other relevant information |
13 | | to develop the list.
|
14 | | (Source: P.A. 86-1443.)
|
15 | | (415 ILCS 110/2008) (from Ch. 96 1/2, par. 9758)
|
16 | | Sec. 2008. Comparable quality standards.
|
17 | | (a) For the purposes of
implementing and enforcing this |
18 | | Act, the Agency Department shall set comparable
quality |
19 | | standards for each of the grades of newsprint available from |
20 | | all
suppliers of newsprint to determine the comparable quality |
21 | | of recycled
content newsprint to virgin material. The |
22 | | standards shall be based on the
average numerical standards of |
23 | | printing opacity, brightness level, and
cross machine tear |
24 | | strength.
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1 | | (b) The Agency Department shall review its standards at |
2 | | least once every 2
years and determine whether they should be |
3 | | adjusted to reflect changes in
industry standards and |
4 | | practices, and if so, the Agency Department shall set new |
5 | | standards.
|
6 | | (Source: P.A. 86-1443.)
|
7 | | (415 ILCS 110/2010) (from Ch. 96 1/2, par. 9760)
|
8 | | Sec. 2010. Content of delivered newsprint. If any person |
9 | | knowingly
provides a consumer of newsprint with a false or |
10 | | misleading certificate concerning the
recycled fiber |
11 | | percentage of the delivered newsprint, the Agency Department , |
12 | | within
30 days of making this determination, shall refer the |
13 | | false or misleading
certificate to the Attorney General for |
14 | | prosecution for fraud.
|
15 | | (Source: P.A. 86-1443.)
|
16 | | (415 ILCS 110/2011) (from Ch. 96 1/2, par. 9761)
|
17 | | Sec. 2011. Consumer use certificate. Any consumer of |
18 | | newsprint who
knowingly provides the Agency Department with a |
19 | | false or misleading certificate
concerning the percentage of |
20 | | recycled fiber used commits a Class C
misdemeanor, and the |
21 | | Agency Department , within 30 days of making this
|
22 | | determination, shall refer the false or misleading certificate |
23 | | to the
Attorney General for prosecution.
|
24 | | (Source: P.A. 86-1443.)
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1 | | (415 ILCS 110/2012) (from Ch. 96 1/2, par. 9762)
|
2 | | Sec. 2012. Prices; confidential proprietary information. |
3 | | Specific
information on newsprint prices included as part of a |
4 | | certificate submitted
to the Agency Department by newsprint |
5 | | consumers or suppliers is
proprietary information and shall |
6 | | not be made available to the general public.
|
7 | | (Source: P.A. 86-1443.)
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8 | | (415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
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9 | | Sec. 2013. Mandatory recycling.
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10 | | (a) If the Department determines that the 1993 annual
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11 | | aggregate average of recycled fiber usage does not meet or |
12 | | exceed the goal
established in Section 2003 of this Act, the |
13 | | provisions of this
Section shall be implemented.
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14 | | (b) During the year 1994 every consumer of newsprint in |
15 | | Illinois shall
be required to ensure that its recycled fiber |
16 | | usage is at least 28%, unless
he complies with subsection (c) |
17 | | or (d).
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18 | | (c) If recycled content newsprint cannot be
found that |
19 | | meets quality standards established by the Agency Department , |
20 | | or if
recycled content newsprint cannot be found in sufficient |
21 | | quantities to
meet recycled fiber usage requirements within a |
22 | | given year, or if recycled
newsprint cannot be found at a price |
23 | | comparable to that of newsprint made
from 100% virgin fibers, |
24 | | the consumer of newsprint shall so certify to the Agency
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1 | | Department and provide the Agency Department with the specific |
2 | | reasons for failing
to meet recycled fiber usage requirements.
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3 | | (d) A consumer of newsprint who has made
previous |
4 | | contracts with newsprint suppliers before January 1, 1991, may |
5 | | be
exempt from the requirements of this Act if those
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6 | | requirements are in conflict with the agreements set forth in |
7 | | the contract.
The consumer of newsprint must conform to the |
8 | | conditions of
this Act immediately upon expiration or |
9 | | nullification of the contract.
Contracts may not be entered |
10 | | into or renewed as an attempt to evade the
requirements of this |
11 | | Act.
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12 | | (e) Any consumer of newsprint who knowingly provides the |
13 | | Agency Department with
a false or misleading certificate |
14 | | concerning why the consumer of newsprint
was unable to obtain |
15 | | the minimum amount of recycled content
newsprint needed to |
16 | | achieve the recycled fiber usage requirements, commits
a Class |
17 | | C misdemeanor, and the Agency Department , within 30 days of |
18 | | making this
determination, shall refer the false or misleading |
19 | | certificate to the
Attorney General for prosecution.
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20 | | (f) Any person who knowingly violates subsection (b) of |
21 | | this Section is
guilty of a business offense punishable by a |
22 | | fine of not more than $1,000.
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23 | | (Source: P.A. 90-655, eff. 7-30-98.)
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24 | | Section 980. The Alternate Fuels Act is amended by |
25 | | changing Sections 15, 31, and 32 as follows:
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1 | | (415 ILCS 120/15)
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2 | | Sec. 15. Rulemaking. The Agency shall promulgate rules
and |
3 | | dedicate sufficient resources to implement the purposes of
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4 | | Section 30 of this Act. Such rules shall be
consistent with the |
5 | | provisions of the Clean Air Act Amendments of 1990 and any
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6 | | regulations promulgated pursuant thereto. The Secretary of |
7 | | State may
promulgate rules to implement Section 35 of this |
8 | | Act. The Agency Department of
Commerce and Economic |
9 | | Opportunity may promulgate rules to implement Section 25 of
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10 | | this Act.
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11 | | (Source: P.A. 94-793, eff. 5-19-06.)
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12 | | (415 ILCS 120/31)
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13 | | Sec. 31. Alternate Fuel Infrastructure Program. Subject to |
14 | | appropriation,
the Agency may
Department of Commerce and |
15 | | Community Affairs
(now Department of Commerce and Economic |
16 | | Opportunity) shall establish a grant program to provide |
17 | | funding for the building of
E85 blend,
propane, at least 20% |
18 | | biodiesel blended fuel, and compressed natural gas (CNG) |
19 | | fueling facilities, including private
on-site fueling |
20 | | facilities, to be built within
the
covered area or in Illinois |
21 | | metropolitan areas over 100,000 in population.
The Agency
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22 | | Department of Commerce and Economic Opportunity
shall be |
23 | | responsible for
reviewing the
proposals and awarding the |
24 | | grants.
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1 | | (Source: P.A. 94-62, eff. 6-20-05.)
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2 | | (415 ILCS 120/32)
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3 | | Sec. 32. Clean Fuel Education Program. Subject to |
4 | | appropriation, the Agency
Department of Commerce and Economic |
5 | | Opportunity ,
in cooperation with the Agency
and Chicago Area |
6 | | Clean Cities, may shall administer the Clean Fuel
Education |
7 | | Program, the
purpose
of which is to educate fleet |
8 | | administrators and Illinois' citizens about the
benefits of |
9 | | using
alternate fuels. The program shall include a media |
10 | | campaign.
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11 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
12 | | Section 995. The Prevailing Wage Act is amended by |
13 | | changing Section 2 as follows:
|
14 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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15 | | Sec. 2. This Act applies to the wages of laborers, |
16 | | mechanics and
other workers employed in any public works, as |
17 | | hereinafter defined, by
any public body and to anyone under |
18 | | contracts for public works. This includes any maintenance, |
19 | | repair, assembly, or disassembly work performed on equipment |
20 | | whether owned, leased, or rented.
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21 | | As used in this Act, unless the context indicates |
22 | | otherwise:
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23 | | "Public works" means all fixed works constructed or |
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1 | | demolished by
any public body,
or paid for wholly or in part |
2 | | out of public funds. "Public works" as
defined herein includes |
3 | | all projects financed in whole
or in part with bonds, grants, |
4 | | loans, or other funds made available by or through the State or |
5 | | any of its political subdivisions, including but not limited |
6 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
7 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
8 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
9 | | Authority Act,
the Illinois Sports Facilities Authority Act, |
10 | | or the Build Illinois Bond Act; loans or other funds made
|
11 | | available pursuant to the Build Illinois Act; loans or other |
12 | | funds made available pursuant to the Riverfront Development |
13 | | Fund under Section 10-15 of the River Edge Redevelopment Zone |
14 | | Act; or funds from the Fund for
Illinois' Future under Section |
15 | | 6z-47 of the State Finance Act, funds for school
construction |
16 | | under Section 5 of the General Obligation Bond Act, funds
|
17 | | authorized under Section 3 of the School Construction Bond |
18 | | Act, funds for
school infrastructure under Section 6z-45 of |
19 | | the State Finance Act, and funds
for transportation purposes |
20 | | under Section 4 of the General Obligation Bond
Act. "Public |
21 | | works" also includes (i) all projects financed in whole or in |
22 | | part
with funds from the Environmental Protection Agency |
23 | | Department of Commerce and Economic Opportunity under the |
24 | | Illinois Renewable Fuels Development Program
Act for which |
25 | | there is no project labor agreement; (ii) all work performed |
26 | | pursuant to a public private agreement under the Public |
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1 | | Private Agreements for the Illiana Expressway Act or the |
2 | | Public-Private Agreements for the South Suburban Airport Act; |
3 | | and (iii) all projects undertaken under a public-private |
4 | | agreement under the Public-Private Partnerships for |
5 | | Transportation Act. "Public works" also includes all projects |
6 | | at leased facility property used for airport purposes under |
7 | | Section 35 of the Local Government Facility Lease Act. "Public |
8 | | works" also includes the construction of a new wind power |
9 | | facility by a business designated as a High Impact Business |
10 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone |
11 | | Act.
"Public works" does not include work done directly by any |
12 | | public utility company, whether or not done under public |
13 | | supervision or direction, or paid for wholly or in part out of |
14 | | public funds. "Public works" also includes any corrective |
15 | | action performed pursuant to Title XVI of the Environmental |
16 | | Protection Act for which payment from the Underground Storage |
17 | | Tank Fund is requested. "Public works" does not include |
18 | | projects undertaken by the owner at an owner-occupied |
19 | | single-family residence or at an owner-occupied unit of a |
20 | | multi-family residence. "Public works" does not include work |
21 | | performed for soil and water conservation purposes on |
22 | | agricultural lands, whether or not done under public |
23 | | supervision or paid for wholly or in part out of public funds, |
24 | | done directly by an owner or person who has legal control of |
25 | | those lands.
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26 | | "Construction" means all work on public works involving |
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1 | | laborers,
workers or mechanics. This includes any maintenance, |
2 | | repair, assembly, or disassembly work performed on equipment |
3 | | whether owned, leased, or rented.
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4 | | "Locality" means the county where the physical work upon |
5 | | public works
is performed, except (1) that if there is not |
6 | | available in the county a
sufficient number of competent |
7 | | skilled laborers, workers and mechanics
to construct the |
8 | | public works efficiently and properly, "locality"
includes any |
9 | | other county nearest the one in which the work or
construction |
10 | | is to be performed and from which such persons may be
obtained |
11 | | in sufficient numbers to perform the work and (2) that, with
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12 | | respect to contracts for highway work with the Department of
|
13 | | Transportation of this State, "locality" may at the discretion |
14 | | of the
Secretary of the Department of Transportation be |
15 | | construed to include
two or more adjacent counties from which |
16 | | workers may be accessible for
work on such construction.
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17 | | "Public body" means the State or any officer, board or |
18 | | commission of
the State or any political subdivision or |
19 | | department thereof, or any
institution supported in whole or |
20 | | in part by public funds,
and includes every county, city, |
21 | | town,
village, township, school district, irrigation, utility, |
22 | | reclamation
improvement or other district and every other |
23 | | political subdivision,
district or municipality of the state |
24 | | whether such political
subdivision, municipality or district |
25 | | operates under a special charter
or not.
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26 | | "Labor organization" means an organization that is the |
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1 | | exclusive representative of an
employer's employees recognized |
2 | | or certified pursuant to the National Labor Relations Act. |
3 | | The terms "general prevailing rate of hourly wages", |
4 | | "general
prevailing rate of wages" or "prevailing rate of |
5 | | wages" when used in
this Act mean the hourly cash wages plus |
6 | | annualized fringe benefits for training and
apprenticeship |
7 | | programs approved by the U.S. Department of Labor, Bureau of
|
8 | | Apprenticeship and Training, health and welfare, insurance, |
9 | | vacations and
pensions paid generally, in the
locality in |
10 | | which the work is being performed, to employees engaged in
|
11 | | work of a similar character on public works.
|
12 | | (Source: P.A. 100-1177, eff. 6-1-19 .)
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13 | | Section 9995. No acceleration or delay. Where this Act |
14 | | makes changes in a statute that is represented in this Act by |
15 | | text that is not yet or no longer in effect (for example, a |
16 | | Section represented by multiple versions), the use of that |
17 | | text does not accelerate or delay the taking effect of (i) the |
18 | | changes made by this Act or (ii) provisions derived from any |
19 | | other Public Act. |
20 | | Section 9997. Severability. The provisions of this Act are |
21 | | severable under Section 1.31 of the Statute on Statutes.
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22 | | Section 9999. Effective date. This Act takes effect upon |
23 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 20 ILCS 627/15 | | | 5 | | 20 ILCS 687/6-3 | | | 6 | | 20 ILCS 687/6-4 | | | 7 | | 20 ILCS 687/6-5 | | | 8 | | 20 ILCS 687/6-5.5 | | | 9 | | 20 ILCS 687/6-6 | | | 10 | | 20 ILCS 687/6-7 | | | 11 | | 20 ILCS 689/5 | | | 12 | | 20 ILCS 689/10 | | | 13 | | 20 ILCS 689/15 | | | 14 | | 20 ILCS 689/25 | | | 15 | | 20 ILCS 689/30 | | | 16 | | 20 ILCS 1105/1 | from Ch. 96 1/2, par. 7401 | | 17 | | 20 ILCS 1105/3 | from Ch. 96 1/2, par. 7403 | | 18 | | 20 ILCS 1115/4 | from Ch. 96 1/2, par. 7604 | | 19 | | 20 ILCS 1115/5 rep. | | | 20 | | 20 ILCS 3125/10 | | | 21 | | 20 ILCS 3125/15 | | | 22 | | 20 ILCS 3125/25 | | | 23 | | 20 ILCS 3125/30 | | | 24 | | 20 ILCS 3954/20 | | | 25 | | 105 ILCS 5/10-20.19c | from Ch. 122, par. 10-20.19c | |
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| 1 | | 105 ILCS 5/34-18.15 | from Ch. 122, par. 34-18.15 | | 2 | | 415 ILCS 5/22.15 | from Ch. 111 1/2, par. 1022.15 | | 3 | | 415 ILCS 5/22.16b | from Ch. 111 1/2, par. 1022.16b | | 4 | | 415 ILCS 5/55.3 | from Ch. 111 1/2, par. 1055.3 | | 5 | | 415 ILCS 5/55.7 | from Ch. 111 1/2, par. 1055.7 | | 6 | | 415 ILCS 5/58.14a | | | 7 | | 415 ILCS 5/58.15 | | | 8 | | 415 ILCS 15/7 | from Ch. 85, par. 5957 | | 9 | | 415 ILCS 20/2.1 | from Ch. 111 1/2, par. 7052.1 | | 10 | | 415 ILCS 20/3 | from Ch. 111 1/2, par. 7053 | | 11 | | 415 ILCS 20/3.1 | from Ch. 111 1/2, par. 7053.1 | | 12 | | 415 ILCS 20/6 | from Ch. 111 1/2, par. 7056 | | 13 | | 415 ILCS 20/6a | from Ch. 111 1/2, par. 7056a | | 14 | | 415 ILCS 20/7 | from Ch. 111 1/2, par. 7057 | | 15 | | 415 ILCS 110/2002.03 new | | | 16 | | 415 ILCS 110/2004 | from Ch. 96 1/2, par. 9754 | | 17 | | 415 ILCS 110/2005 | from Ch. 96 1/2, par. 9755 | | 18 | | 415 ILCS 110/2007 | from Ch. 96 1/2, par. 9757 | | 19 | | 415 ILCS 110/2008 | from Ch. 96 1/2, par. 9758 | | 20 | | 415 ILCS 110/2010 | from Ch. 96 1/2, par. 9760 | | 21 | | 415 ILCS 110/2011 | from Ch. 96 1/2, par. 9761 | | 22 | | 415 ILCS 110/2012 | from Ch. 96 1/2, par. 9762 | | 23 | | 415 ILCS 110/2013 | from Ch. 96 1/2, par. 9763 | | 24 | | 415 ILCS 120/15 | | | 25 | | 415 ILCS 120/31 | | | 26 | | 415 ILCS 120/32 | | |
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| 1 | | 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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