093_HB0360ham001
LRB093 04979 AMC 12192 a
1 AMENDMENT TO HOUSE BILL 360
2 AMENDMENT NO. . Amend House Bill 360 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by changing Section 55.6 as follows:
6 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
7 Sec. 55.6. Used Tire Management Fund; allocation.
8 (a) There is hereby created in the State Treasury a
9 special fund to be known as the Used Tire Management Fund.
10 There shall be deposited into the Fund all monies received as
11 (1) recovered costs or proceeds from the sale of used tires
12 under Section 55.3 of this Act, (2) repayment of loans from
13 the Used Tire Management Fund, or (3) penalties or punitive
14 damages for violations of this Title, except as provided by
15 subdivision (b)(4) or (b)(4-5) of Section 42.
16 (b) Beginning January 1, 1992, in addition to any other
17 fees required by law, the owner or operator of each site
18 required to be registered under subsection (d) of Section 55
19 shall pay to the Agency an annual fee of $100. Fees collected
20 under this subsection shall be deposited into the
21 Environmental Protection Permit and Inspection Fund.
22 (c) Pursuant to appropriation, monies up to an amount of
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1 $2 million per fiscal year from the Used Tire Management Fund
2 shall be allocated as follows:
3 (1) 38% shall be available to the Agency for the
4 following purposes, provided that priority shall be given
5 to item (i):
6 (i) To undertake preventive, corrective or
7 removal action as authorized by and in accordance
8 with Section 55.3, and to recover costs in
9 accordance with Section 55.3.
10 (ii) For the performance of inspection and
11 enforcement activities for used and waste tire
12 sites.
13 (iii) To assist with marketing of used tires
14 by augmenting the operations of an industrial
15 materials exchange service.
16 (iv) To provide financial assistance to units
17 of local government for the performance of
18 inspecting, investigating and enforcement activities
19 pursuant to subsection (r) of Section 4 at used and
20 waste tire sites.
21 (v) To provide financial assistance for used
22 and waste tire collection projects sponsored by
23 local government or not-for-profit corporations.
24 (vi) For the costs of fee collection and
25 administration relating to used and waste tires, and
26 to accomplish such other purposes as are authorized
27 by this Act and regulations thereunder.
28 (2) 23% shall be available to the Department of
29 Commerce and Community Affairs for the following
30 purposes, provided that priority shall be given to item
31 (A):
32 (A) To provide grants or loans for the
33 purposes of:
34 (i) assisting units of local government
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1 and private industry in the establishment of
2 facilities and programs to collect, process and
3 utilize used and waste tires and tire derived
4 materials;
5 (ii) demonstrating the feasibility of
6 innovative technologies as a means of
7 collecting, storing, processing and utilizing
8 used and waste tires and tire derived
9 materials; and
10 (iii) applying demonstrated technologies
11 as a means of collecting, storing, processing,
12 and utilizing used and waste tires and tire
13 derived materials.
14 (B) To develop educational material for use by
15 officials and the public to better understand and
16 respond to the problems posed by used tires and
17 associated insects.
18 (C) (Blank).
19 (D) To perform such research as the Director
20 deems appropriate to help meet the purposes of this
21 Act.
22 (E) To pay the costs of administration of its
23 activities authorized under this Act.
24 (3) 25% shall be available to the Illinois
25 Department of Public Health for the following purposes:
26 (A) To investigate threats or potential
27 threats to the public health related to mosquitoes
28 and other vectors of disease associated with the
29 improper storage, handling and disposal of tires,
30 improper waste disposal, or natural conditions.
31 (B) To conduct surveillance and monitoring
32 activities for mosquitoes and other arthropod
33 vectors of disease, and surveillance of animals
34 which provide a reservoir for disease-producing
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1 organisms.
2 (C) To conduct training activities to promote
3 vector control programs and integrated pest
4 management as defined in the Vector Control Act.
5 (D) To respond to inquiries, investigate
6 complaints, conduct evaluations and provide
7 technical consultation to help reduce or eliminate
8 public health hazards and nuisance conditions
9 associated with mosquitoes and other vectors.
10 (E) To provide financial assistance to units
11 of local government for training, investigation and
12 response to public nuisances associated with
13 mosquitoes and other vectors of disease.
14 (4) 2% shall be available to the Department of
15 Agriculture for its activities under the Illinois
16 Pesticide Act relating to used and waste tires.
17 (5) 2% shall be available to the Pollution Control
18 Board for administration of its activities relating to
19 used and waste tires.
20 (6) 10% shall be available to the Department of
21 Natural Resources for the Illinois Natural History Survey
22 to perform research to study the biology, distribution,
23 population ecology, and biosystematics of tire-breeding
24 arthropods, especially mosquitoes, and the diseases they
25 spread.
26 (d) By January 1, 1998, and biennially thereafter,
27 each State agency receiving an appropriation from the Used
28 Tire Management Fund shall report to the Governor and the
29 General Assembly on its activities relating to the Fund.
30 (e) Any monies appropriated from the Used Tire
31 Management Fund, but not obligated, shall revert to the Fund.
32 (f) In administering the provisions of subdivisions (1),
33 (2) and (3) of subsection (c) of this Section, the Agency,
34 the Department of Commerce and Community Affairs, and the
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1 Illinois Department of Public Health shall ensure that
2 appropriate funding assistance is provided to any
3 municipality with a population over 1,000,000 or to any
4 sanitary district which serves a population over 1,000,000.
5 (g) Pursuant to appropriation, monies in excess of $2
6 million per fiscal year from the Used Tire Management Fund
7 shall be used as follows:
8 (1) 55% shall be available to the Agency to
9 undertake preventive, corrective or renewed action as
10 authorized by and in accordance with Section 55.3 and to
11 recover costs in accordance with Section 55.3.
12 (2) 45% shall be available to the Department of
13 Commerce and Community Affairs to provide grants or loans
14 for the purposes of:
15 (i) assisting units of local government and
16 private industry in the establishment of facilities
17 and programs to collect, process and utilize waste
18 tires and tire derived material;
19 (ii) demonstrating the feasibility of
20 innovative technologies as a means of collecting,
21 storing, processing, and utilizing used and waste
22 tires and tire derived materials; and
23 (iii) applying demonstrated technologies as a
24 means of collecting, storing, processing, and
25 utilizing used and waste tires and tire derived
26 materials.
27 (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)".