093_SB0361eng SB361 Engrossed LRB093 07918 AMC 08109 b 1 AN ACT concerning environmental safety. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Public Health Act is 5 amended by adding Section 6.5 as follow: 6 (20 ILCS 2305/6.5 new) 7 Sec. 6.5. West Nile Virus. From moneys appropriated from 8 the Used Tire Management Fund pursuant to subsection (b-5) of 9 Section 55.6 of the Environmental Protection Act, the 10 Department shall make grants to county health departments, in 11 amounts based on the population of the county, to be used for 12 expenses related to the West Nile Virus. The City of Chicago 13 shall receive a percentage of the amount of the moneys 14 distributed to Cook County based on its population compared 15 to the population of the county. 16 Section 10. The Environmental Protection Act is amended 17 by changing Sections 55.6 and 55.8 as follows: 18 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) 19 Sec. 55.6. Used Tire Management Fund. 20 (a) There is hereby created in the State Treasury a 21 special fund to be known as the Used Tire Management Fund. 22 There shall be deposited into the Fund all monies received as 23 (1) recovered costs or proceeds from the sale of used tires 24 under Section 55.3 of this Act, (2) repayment of loans from 25 the Used Tire Management Fund, or (3) penalties or punitive 26 damages for violations of this Title, except as provided by 27 subdivision (b)(4) or (b)(4-5) of Section 42. 28 (b) Beginning January 1, 1992, in addition to any other 29 fees required by law, the owner or operator of each site SB361 Engrossed -2- LRB093 07918 AMC 08109 b 1 required to be registered under subsection (d) of Section 55 2 shall pay to the Agency an annual fee of $100. Fees collected 3 under this subsection shall be deposited into the 4 Environmental Protection Permit and Inspection Fund. 5 (b-5) Pursuant to appropriation, for each tire sold at 6 retail or offered for retail sale in this State, 50 cents of 7 the fee imposed under Section 55.8 of the Environmental 8 Protection Act shall be allocated to the Department of Public 9 Health for the purposes specified in Section 6.5 of the 10 Department of Public Health Act. 11 (c) Pursuant to appropriation, monies up to an amount of 12 $2 million per fiscal year from the Used Tire Management Fund 13 shall be allocated as follows: 14 (1) 38% shall be available to the Agency for the 15 following purposes, provided that priority shall be given 16 to item (i): 17 (i) To undertake preventive, corrective or 18 removal action as authorized by and in accordance 19 with Section 55.3, and to recover costs in 20 accordance with Section 55.3. 21 (ii) For the performance of inspection and 22 enforcement activities for used and waste tire 23 sites. 24 (iii) To assist with marketing of used tires 25 by augmenting the operations of an industrial 26 materials exchange service. 27 (iv) To provide financial assistance to units 28 of local government for the performance of 29 inspecting, investigating and enforcement activities 30 pursuant to subsection (r) of Section 4 at used and 31 waste tire sites. 32 (v) To provide financial assistance for used 33 and waste tire collection projects sponsored by 34 local government or not-for-profit corporations. SB361 Engrossed -3- LRB093 07918 AMC 08109 b 1 (vi) For the costs of fee collection and 2 administration relating to used and waste tires, and 3 to accomplish such other purposes as are authorized 4 by this Act and regulations thereunder. 5 (2) 23% shall be available to the Department of 6 Commerce and Community Affairs for the following 7 purposes, provided that priority shall be given to item 8 (A): 9 (A) To provide grants or loans for the 10 purposes of: 11 (i) assisting units of local government 12 and private industry in the establishment of 13 facilities and programs to collect, process and 14 utilize used and waste tires and tire derived 15 materials; 16 (ii) demonstrating the feasibility of 17 innovative technologies as a means of 18 collecting, storing, processing and utilizing 19 used and waste tires and tire derived 20 materials; and 21 (iii) applying demonstrated technologies 22 as a means of collecting, storing, processing, 23 and utilizing used and waste tires and tire 24 derived materials. 25 (B) To develop educational material for use by 26 officials and the public to better understand and 27 respond to the problems posed by used tires and 28 associated insects. 29 (C) (Blank). 30 (D) To perform such research as the Director 31 deems appropriate to help meet the purposes of this 32 Act. 33 (E) To pay the costs of administration of its 34 activities authorized under this Act. SB361 Engrossed -4- LRB093 07918 AMC 08109 b 1 (3) 25% shall be available to the Illinois 2 Department of Public Health for the following purposes: 3 (A) To investigate threats or potential 4 threats to the public health related to mosquitoes 5 and other vectors of disease associated with the 6 improper storage, handling and disposal of tires, 7 improper waste disposal, or natural conditions. 8 (B) To conduct surveillance and monitoring 9 activities for mosquitoes and other arthropod 10 vectors of disease, and surveillance of animals 11 which provide a reservoir for disease-producing 12 organisms. 13 (C) To conduct training activities to promote 14 vector control programs and integrated pest 15 management as defined in the Vector Control Act. 16 (D) To respond to inquiries, investigate 17 complaints, conduct evaluations and provide 18 technical consultation to help reduce or eliminate 19 public health hazards and nuisance conditions 20 associated with mosquitoes and other vectors. 21 (E) To provide financial assistance to units 22 of local government for training, investigation and 23 response to public nuisances associated with 24 mosquitoes and other vectors of disease. 25 (4) 2% shall be available to the Department of 26 Agriculture for its activities under the Illinois 27 Pesticide Act relating to used and waste tires. 28 (5) 2% shall be available to the Pollution Control 29 Board for administration of its activities relating to 30 used and waste tires. 31 (6) 10% shall be available to the Department of 32 Natural Resources for the Illinois Natural History Survey 33 to perform research to study the biology, distribution, 34 population ecology, and biosystematics of tire-breeding SB361 Engrossed -5- LRB093 07918 AMC 08109 b 1 arthropods, especially mosquitoes, and the diseases they 2 spread. 3 (d) By January 1, 1998, and biennially thereafter, 4 each State agency receiving an appropriation from the Used 5 Tire Management Fund shall report to the Governor and the 6 General Assembly on its activities relating to the Fund. 7 (e) Any monies appropriated from the Used Tire 8 Management Fund, but not obligated, shall revert to the Fund. 9 (f) In administering the provisions of subdivisions (1), 10 (2) and (3) of subsection (c) of this Section, the Agency, 11 the Department of Commerce and Community Affairs, and the 12 Illinois Department of Public Health shall ensure that 13 appropriate funding assistance is provided to any 14 municipality with a population over 1,000,000 or to any 15 sanitary district which serves a population over 1,000,000. 16 (g) Pursuant to appropriation, monies in excess of $2 17 million per fiscal year from the Used Tire Management Fund 18 shall be used as follows: 19 (1) 55% shall be available to the Agency to 20 undertake preventive, corrective or renewed action as 21 authorized by and in accordance with Section 55.3 and to 22 recover costs in accordance with Section 55.3. 23 (2) 45% shall be available to the Department of 24 Commerce and Community Affairs to provide grants or loans 25 for the purposes of: 26 (i) assisting units of local government and 27 private industry in the establishment of facilities 28 and programs to collect, process and utilize waste 29 tires and tire derived material; 30 (ii) demonstrating the feasibility of 31 innovative technologies as a means of collecting, 32 storing, processing, and utilizing used and waste 33 tires and tire derived materials; and 34 (iii) applying demonstrated technologies as a SB361 Engrossed -6- LRB093 07918 AMC 08109 b 1 means of collecting, storing, processing, and 2 utilizing used and waste tires and tire derived 3 materials. 4 (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.) 5 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8) 6 Sec. 55.8. Tire retailers. 7 (a)Beginning July 1, 1992,Any person selling tires at 8 retail or offering tires for retail sale in this State shall: 9 (1) collect from retail customers a fee of $1.50 10one dollarper tire sold and delivered in this State to 11 be paid to the Department of Revenue and deposited into 12 the Used Tire Management Fund, less a collection 13 allowance of 10 cents per tire to be retained by the 14 retail seller and a collection allowance of 10 cents per 15 tire to be retained by the Department of Revenue and paid 16 into the General Revenue Fund; 17 (2) accept for recycling used tires from customers, 18 at the point of transfer, in a quantity equal to the 19 number of new tires purchased; and 20 (3) post in a conspicuous place a written notice at 21 least 8.5 by 11 inches in size that includes the 22 universal recycling symbol and the following statements: 23 "DO NOT put used tires in the trash."; "Recycle your used 24 tires."; and "State law requires us to accept used tires 25 for recycling, in exchange for new tires purchased.". 26 (b) A person who accepts used tires for recycling under 27 subsection (a) shall not allow the tires to accumulate for 28 periods of more than 90 days. 29 (c) The requirements of subsection (a) of this Section 30 do not apply to mail order sales nor shall the retail sale of 31 a motor vehicle be considered to be the sale of tires 32 at retail or offering of tires for retail sale. Instead of 33 filing returns, retailers of tires may remit the tire user SB361 Engrossed -7- LRB093 07918 AMC 08109 b 1 fee of $1.00 per tire to their suppliers of tires if the 2 supplier of tires is a registered retailer of tires and 3 agrees or otherwise arranges to collect and remit the tire 4 fee to the Department of Revenue, notwithstanding the fact 5 that the sale of the tire is a sale for resale and not a sale 6 at retail. A tire supplier who enters into such an 7 arrangement with a tire retailer shall be liable for the tax 8 on all tires sold to the tire retailer and must (i) provide 9 the tire retailer with a receipt that separately reflects the 10 tire tax collected from the retailer on each transaction and 11 (ii) accept used tires for recycling from the retailer's 12 customers. The tire supplier shall be entitled to the 13 collection allowance of 10 cents per tire. 14 The retailer of the tires must maintain in its books and 15 records evidence that the appropriate fee was paid to the 16 tire supplier and that the tire supplier has agreed to remit 17 the fee to the Department of Revenue for each tire sold by 18 the retailer. Otherwise, the tire retailer shall be directly 19 liable for the fee on all tires sold at retail. Tire 20 retailers paying the fee to their suppliers are not entitled 21 to the collection allowance of 10 cents per tire. 22 (d) The requirements of subsection (a) of this Section 23 shall apply exclusively to tires to be used for vehicles 24 defined in Section 1-217 of the Illinois Vehicle Code, 25 aircraft tires, special mobile equipment, and implements of 26 husbandry. 27 (e) The requirements of paragraph (1) of subsection (a) 28 do not apply to the sale of reprocessed tires. For purposes 29 of this Section, "reprocessed tire" means a used tire that 30 has been recapped, retreaded, or regrooved and that has not 31 been placed on a vehicle wheel rim. 32 (Source: P.A. 90-14, eff. 7-1-97.) 33 Section 99. Effective date. This Act takes effect on SB361 Engrossed -8- LRB093 07918 AMC 08109 b 1 July 1, 2003.