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1 | AN ACT concerning environmental safety.
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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 | (105 ILCS 105/5a rep.)
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5 | Section 3. The Asbestos Abatement Act is amended by | ||||||
6 | repealing Section 5a. | ||||||
7 | Section 5. The Asbestos Abatement Act is amended by | ||||||
8 | changing Section 6 as follows:
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9 | (105 ILCS 105/6) (from Ch. 122, par. 1406)
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10 | Sec. 6. Powers and Duties of the Department.
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11 | (a) The Department is empowered to promulgate any rules | ||||||
12 | necessary to
ensure proper implementation and administration | ||||||
13 | of this Act and of the
federal Asbestos Hazard Emergency | ||||||
14 | Response Act of 1986, and the regulations
promulgated | ||||||
15 | thereunder.
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16 | (b) Rules promulgated by the Department shall include, but | ||||||
17 | not be limited
to:
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18 | (1) all rules necessary to achieve compliance with the | ||||||
19 | federal Asbestos
Hazard Emergency Response Act of 1986 and | ||||||
20 | the regulations promulgated
thereunder;
| ||||||
21 | (2) rules providing for the training and licensing of | ||||||
22 | persons and
firms to perform asbestos inspection and air |
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1 | sampling; to perform abatement
work; and to serve as | ||||||
2 | asbestos abatement contractors, management, planners,
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3 | project designers, project supervisors, project managers | ||||||
4 | and asbestos
workers for public and private secondary and | ||||||
5 | elementary
schools; and any necessary rules relating to the | ||||||
6 | correct and safe
performance of those tasks; and
| ||||||
7 | (3) rules for the development and submission of | ||||||
8 | asbestos management
plans by local educational agencies, | ||||||
9 | and for review and approval of such
plans by the | ||||||
10 | Department.
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11 | (c) In carrying out its responsibilities under this Act, | ||||||
12 | the Department
shall:
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13 | (1) publish a list of persons and firms licensed | ||||||
14 | pursuant to this Act,
except that the Department shall not | ||||||
15 | be required to publish a list of
licensed asbestos workers; | ||||||
16 | and
| ||||||
17 | (2) require each local educational agency to maintain | ||||||
18 | records of
asbestos-related activities, which shall be | ||||||
19 | made available to the
Department upon request . ; and
| ||||||
20 | (3) require local educational agencies to submit to the | ||||||
21 | Department for
review and approval all asbestos-related | ||||||
22 | response action contracts for
which the local educational | ||||||
23 | agency seeks indemnification under the Response
Action | ||||||
24 | Contractor Indemnification Act, and with respect to
such | ||||||
25 | response
action contracts, to collect from the local | ||||||
26 | educational agency and deposit
in the Response Contractors |
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1 | Indemnification Fund 5% of the amount of each
response | ||||||
2 | action contract, as required under the Response Action | ||||||
3 | Contractor
Indemnification Act.
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4 | (d) Adopt rules for the collection of fees for
training | ||||||
5 | course approval; and for licensing of
inspectors, management | ||||||
6 | planners, project designers, contractors,
supervisors, air | ||||||
7 | sampling professionals, project managers and workers.
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8 | (e) Notwithstanding any other rulemaking authority that | ||||||
9 | may exist, neither the Governor nor any agency or agency head | ||||||
10 | under the jurisdiction of the Governor has any authority to | ||||||
11 | make or promulgate rules to implement or enforce the provisions | ||||||
12 | of this amendatory Act of the 95th General Assembly. If, | ||||||
13 | however, the Governor believes that rules are necessary to | ||||||
14 | implement or enforce the provisions of this amendatory Act of | ||||||
15 | the 95th General Assembly, the Governor may suggest rules to | ||||||
16 | the General Assembly by filing them with the Clerk of the House | ||||||
17 | and the Secretary of the Senate and by requesting that the | ||||||
18 | General Assembly authorize such rulemaking by law, enact those | ||||||
19 | suggested rules into law, or take any other appropriate action | ||||||
20 | in the General Assembly's discretion. Nothing contained in this | ||||||
21 | amendatory Act of the 95th General Assembly shall be | ||||||
22 | interpreted to grant rulemaking authority under any other | ||||||
23 | Illinois statute where such authority is not otherwise | ||||||
24 | explicitly given. For the purposes of this subsection, "rules" | ||||||
25 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
26 | Administrative Procedure Act, and "agency" and "agency head" |
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1 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
2 | the Illinois Administrative Procedure Act to the extent that | ||||||
3 | such definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 91-357, eff. 7-29-99.)
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6 | Section 10. The Response Action Contractor Indemnification | ||||||
7 | Act is amended by changing Section 5 and adding Section 8 as | ||||||
8 | follows:
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9 | (415 ILCS 100/5) (from Ch. 111 1/2, par. 7205)
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10 | Sec. 5. Response Contractors Indemnification Fund.
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11 | (a) There is hereby created the Response Contractors | ||||||
12 | Indemnification Fund.
The State Treasurer, ex officio, shall be | ||||||
13 | custodian of the Fund, and the
Comptroller shall direct | ||||||
14 | payments from the Fund upon vouchers properly
certified by the | ||||||
15 | Attorney General in accordance with Section 4. The Treasurer
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16 | shall credit interest on the Fund to the Fund.
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17 | (b) Every State response action contract shall provide that | ||||||
18 | 5% of each
payment to be made by the State under the contract | ||||||
19 | shall be paid by the
State directly into the Response | ||||||
20 | Contractors Indemnification Fund rather
than to the | ||||||
21 | contractor, except that when there is at least $100,000 in the | ||||||
22 | Fund
at the beginning of a State fiscal year, State
response | ||||||
23 | action contracts
during that fiscal year need not provide that | ||||||
24 | 5% of each payment made
under the contract be paid into the |
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1 | Fund. When only a portion of a contract
relates to a remedial | ||||||
2 | or response action, or to the identification, handling,
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3 | storage, treatment or disposal of a pollutant, the contract | ||||||
4 | shall provide that
only that portion is subject to this | ||||||
5 | subsection.
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6 | (c) Within 30 days after the effective date of this | ||||||
7 | amendatory Act of 1997,
the Comptroller shall order transferred | ||||||
8 | and the Treasurer shall transfer
$1,200,000 from the Response | ||||||
9 | Contractors Indemnification Fund to the
Brownfields | ||||||
10 | Redevelopment Fund. The Comptroller shall order transferred | ||||||
11 | and
the Treasurer shall transfer $1,200,000 from the Response | ||||||
12 | Contractors
Indemnification Fund to the Brownfields | ||||||
13 | Redevelopment Fund on the first day of
fiscal years 1999, 2000, | ||||||
14 | 2001, 2002, and 2003.
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15 | (d) Within 30 days after the effective date of this | ||||||
16 | amendatory Act of
the 91st General Assembly, the Comptroller | ||||||
17 | shall order transferred and the
Treasurer shall transfer | ||||||
18 | $2,000,000 from the Response Contractors
Indemnification Fund | ||||||
19 | to the Asbestos Abatement Fund.
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20 | (e) Within 30 days after the effective date of this | ||||||
21 | amendatory Act of the
93rd General Assembly, the Comptroller | ||||||
22 | shall order transferred and the
Treasurer shall transfer all | ||||||
23 | monies in the Response Action Contractor
Indemnification Fund | ||||||
24 | in excess of $100,000 from the Response Action Contractor
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25 | Indemnification Fund to the Brownfields Redevelopment Fund.
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26 | (f) Within 30 days after the effective date of this |
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1 | amendatory Act of the 95th General Assembly, the State | ||||||
2 | Comptroller shall order transferred and the State Treasurer | ||||||
3 | shall transfer all moneys in the Response Action Contractor | ||||||
4 | Indemnification Fund to the Brownfields Redevelopment Fund.
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5 | (g) Notwithstanding any other rulemaking authority that | ||||||
6 | may exist, neither the Governor nor any agency or agency head | ||||||
7 | under the jurisdiction of the Governor has any authority to | ||||||
8 | make or promulgate rules to implement or enforce the provisions | ||||||
9 | of this amendatory Act of the 95th General Assembly. If, | ||||||
10 | however, the Governor believes that rules are necessary to | ||||||
11 | implement or enforce the provisions of this amendatory Act of | ||||||
12 | the 95th General Assembly, the Governor may suggest rules to | ||||||
13 | the General Assembly by filing them with the Clerk of the House | ||||||
14 | and the Secretary of the Senate and by requesting that the | ||||||
15 | General Assembly authorize such rulemaking by law, enact those | ||||||
16 | suggested rules into law, or take any other appropriate action | ||||||
17 | in the General Assembly's discretion. Nothing contained in this | ||||||
18 | amendatory Act of the 95th General Assembly shall be | ||||||
19 | interpreted to grant rulemaking authority under any other | ||||||
20 | Illinois statute where such authority is not otherwise | ||||||
21 | explicitly given. For the purposes of this subsection, "rules" | ||||||
22 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
23 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
24 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
25 | the Illinois Administrative Procedure Act to the extent that | ||||||
26 | such definitions apply to agencies or agency heads under the |
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1 | jurisdiction of the Governor. | ||||||
2 | (Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)
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3 | (415 ILCS 100/8 new) | ||||||
4 | Sec. 8. Repealer. This Act is repealed on the 31st day | ||||||
5 | after the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly.
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7 | Section 15. The Alternate Fuels Act is amended by changing | ||||||
8 | Section 30 as follows: | ||||||
9 | (415 ILCS 120/30)
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10 | Sec. 30. Rebate program. Beginning January 1, 1997, and as | ||||||
11 | long as funds
are available, each owner of an
alternate fuel
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12 | vehicle shall be eligible to apply for a rebate.
Beginning July | ||||||
13 | 1, 2005, each owner of a vehicle using domestic renewable fuel
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14 | is eligible to apply for a fuel cost differential rebate under | ||||||
15 | subsection (c)
of this Section.
The Agency
shall cause rebates | ||||||
16 | to be
issued under the provisions of this Act. An owner may
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17 | apply for only one of 3 types of rebates with
regard to an | ||||||
18 | individual alternate fuel vehicle: (i) a
conversion cost | ||||||
19 | rebate, (ii) an OEM differential cost rebate, or
(iii) a fuel | ||||||
20 | cost differential rebate. Only one rebate may be
issued with | ||||||
21 | regard to a particular alternate fuel vehicle during
the life | ||||||
22 | of that vehicle. A rebate shall not exceed $4,000 per
vehicle. | ||||||
23 | Over the life of this rebate program, an owner of an
alternate |
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1 | fuel vehicle or a vehicle using domestic renewable fuel may not
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2 | receive rebates for more than 150
vehicles per location or for | ||||||
3 | 300 vehicles in total.
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4 | (a) A conversion cost rebate may be issued to an
owner or | ||||||
5 | his or her designee in order to reduce the cost of
converting | ||||||
6 | of a conventional vehicle to an alternate fuel
vehicle. | ||||||
7 | Conversion of a conventional vehicle to alternate fuel
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8 | capability must take place in Illinois for the owner to be
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9 | eligible for the conversion cost rebate. Amounts spent by
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10 | applicants within a calendar year may be claimed on a rebate
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11 | application submitted within 12 months after the month in which | ||||||
12 | the conversion of the vehicle took place during that calendar | ||||||
13 | year . Approved
conversion cost rebates applied for during or | ||||||
14 | after calendar year 1997 shall be 80% of all
approved | ||||||
15 | conversion
costs claimed and documented. Approval of | ||||||
16 | conversion cost rebates may
continue after calendar year 2002, | ||||||
17 | if funds are still available. An
applicant
may include on an
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18 | application submitted in 1997 all amounts spent within that
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19 | calendar year on the conversion, even if the expenditure
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20 | occurred before promulgation of the Agency rules.
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21 | (b) An OEM differential cost rebate may be issued to
an | ||||||
22 | owner or his or her designee in order to reduce the cost
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23 | differential between a conventional vehicle or engine and the
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24 | same vehicle or engine, produced by an original equipment
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25 | manufacturer, that has the capability to use alternate fuels.
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26 | A new OEM vehicle or engine must be purchased in Illinois
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1 | and must either be an alternate fuel vehicle or used in an
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2 | alternate fuel vehicle, respectively, for the owner to be
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3 | eligible for an OEM differential cost rebate. Large vehicles, | ||||||
4 | over 8,500 pounds gross vehicle weight, purchased outside | ||||||
5 | Illinois are eligible for an OEM differential cost rebate if | ||||||
6 | the same or a comparable vehicle is not available for purchase | ||||||
7 | in Illinois. Amounts spent by
applicants within a calendar year | ||||||
8 | may be claimed on a rebate
application submitted within 12 | ||||||
9 | months after the month in which the new OEM vehicle or engine | ||||||
10 | was purchased during that calendar year .
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11 | Approved OEM differential cost rebates applied for during
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12 | or after calendar year 1997 shall be 80% of all
approved cost | ||||||
13 | differential claimed and documented. Approval of OEM
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14 | differential cost rebates may continue after calendar year | ||||||
15 | 2002, if funds are
still
available. An applicant
may include on | ||||||
16 | an application submitted in 1997 all amounts
spent within that | ||||||
17 | calendar year on OEM equipment, even if the
expenditure | ||||||
18 | occurred before promulgation of the Agency rules.
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19 | (c) A fuel cost differential rebate may be issued to
an | ||||||
20 | owner or his or her designee in order to reduce the cost
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21 | differential between conventional fuels and domestic renewable
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22 | fuels or alternate fuels purchased to operate an alternate fuel | ||||||
23 | vehicle
. The fuel cost differential shall be
based on a 3-year | ||||||
24 | life cycle cost analysis developed by the
Agency by rulemaking. | ||||||
25 | The rebate shall apply to and be
payable during a consecutive | ||||||
26 | 3-year period commencing on the
date the application is |
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1 | approved by the Agency. Approved
fuel cost differential rebates | ||||||
2 | may be applied for during or after calendar
year 1997 and | ||||||
3 | approved
rebates shall be
80% of the cost differential for a | ||||||
4 | consecutive 3-year period.
Approval of fuel cost differential | ||||||
5 | rebates may continue after calendar year
2002 if funds are | ||||||
6 | still available.
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7 | Twenty-five percent of the amount
that is appropriated | ||||||
8 | under Section 40 to be used to fund programs
authorized by this | ||||||
9 | Section during calendar year 2001 shall be
designated to fund | ||||||
10 | fuel cost differential rebates. If the total
dollar amount of | ||||||
11 | approved fuel cost differential rebate
applications as of July | ||||||
12 | 1, 2001 is less than the amount
designated for that calendar | ||||||
13 | year, the balance of designated
funds shall be immediately | ||||||
14 | available to fund any rebate
authorized by this Section and | ||||||
15 | approved in the calendar year.
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16 | An approved fuel cost differential rebate shall be paid to | ||||||
17 | an owner
in 3 annual installments on or about the anniversary | ||||||
18 | date of the
approval of the application. Owners receiving a | ||||||
19 | fuel cost
differential rebate shall be required to demonstrate, | ||||||
20 | through
recordkeeping, the use of domestic renewable fuels | ||||||
21 | during the
3-year period commencing on the date the application | ||||||
22 | is approved
by the Agency. If the vehicle ceases to be
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23 | registered to the original applicant owner, a prorated
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24 | installment shall be paid to that owner or the owner's designee
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25 | and the remainder of the rebate shall be canceled.
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26 | (d) Vehicles owned by the federal government or
vehicles |
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1 | registered in a state outside Illinois are not eligible
for | ||||||
2 | rebates.
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3 | (e) Notwithstanding any other rulemaking authority that | ||||||
4 | may exist, neither the Governor nor any agency or agency head | ||||||
5 | under the jurisdiction of the Governor has any authority to | ||||||
6 | make or promulgate rules to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly. If, | ||||||
8 | however, the Governor believes that rules are necessary to | ||||||
9 | implement or enforce the provisions of this amendatory Act of | ||||||
10 | the 95th General Assembly, the Governor may suggest rules to | ||||||
11 | the General Assembly by filing them with the Clerk of the House | ||||||
12 | and the Secretary of the Senate and by requesting that the | ||||||
13 | General Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this subsection, "rules" | ||||||
20 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
21 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
22 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
23 | the Illinois Administrative Procedure Act to the extent that | ||||||
24 | such definitions apply to agencies or agency heads under the | ||||||
25 | jurisdiction of the Governor. | ||||||
26 | (Source: P.A. 94-62, eff. 6-20-05; 94-1079, eff. 6-1-07 .)
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1 | (225 ILCS 220/Act rep.)
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2 | Section 20. The Hazardous Waste Crane and Hoisting | ||||||
3 | Equipment Operators
Licensing Act is repealed.
| ||||||
4 | (225 ILCS 221/Act rep.)
| ||||||
5 | Section 25. The Hazardous Waste Laborers Licensing Act is | ||||||
6 | repealed. | ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law. |