102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2785

 

Introduced 2/19/2021, by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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 Provides that the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is repealed on December 31, 2025 (rather than 2021).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.


LRB102 13785 CPF 19135 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2785LRB102 13785 CPF 19135 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Executive Order 3 (2017) Implementation Act.
 
6    Section 5. Effect. This Act, including all of the
7amendatory provisions of this Act, implements and supersedes
8the provisions of Executive Order 3 (2017) concerning the
9transfer of rights, powers, duties, responsibilities,
10employees, property, funds, and functions from the Department
11of Commerce and Economic Opportunity to the Environmental
12Protection Agency.
 
13    Section 10. Functions transferred. Except as provided in
14Section 15, on the effective date of this Act or as soon
15thereafter as practical, those powers, duties, rights,
16responsibilities, and functions of the Office of Energy and
17Recycling under the Department of Commerce and Economic
18Opportunity that are referenced in this Act are transferred to
19the Environmental Protection Agency as provided in this Act.
20All of the general powers reasonably necessary and convenient
21to implement and administer those functions of the Office of
22Energy and Recycling transferred by this Act are vested in and

 

 

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1shall be exercised by the Environmental Protection Agency.
 
2    Section 15. Functions not transferred. The functions
3associated with the Office of Energy and Recycling that are
4transferred to the Environmental Protection Agency under
5Section 10 do not include any one or more of the following:
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.
16With respect to the Department of Commerce and Economic
17Opportunity, 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
18within the Department of Commerce and Economic Opportunity
19that are engaged in the performance of functions of the Office
20of Energy and Recycling transferred to the Environmental
21Protection Agency under this Act are transferred to and shall
22continue their service within the Environmental Protection
23Agency. The status and rights of those employees under the
24Personnel Code shall not be affected by this Act. The rights of
25the employees and the State of Illinois and its agencies under

 

 

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1the Personnel Code and applicable collective bargaining
2agreements or under any pension, retirement, or annuity plan
3shall not be affected by this Act.
 
4    Section 30. Books and records transferred. All books,
5records, papers, documents, property (real and personal),
6contracts, causes of action, and pending business, pertaining
7to the powers, duties, rights, and responsibilities
8transferred to the Environmental Protection Agency under this
9Act, including, but not limited to, material in electronic or
10magnetic format and necessary computer hardware and software,
11shall be transferred to the Environmental Protection Agency.
 
12    Section 35. Successor agency; unexpended moneys
13transferred. With respect to the functions of the Office of
14Energy and Recycling transferred under this Act, the
15Environmental Protection Agency is the successor agency to the
16Department of Commerce and Economic Opportunity under the
17Successor Agency Act and Section 9b of the State Finance Act.
18All unexpended appropriations and balances and other funds
19available for use by the Office of Energy and Recycling shall,
20pursuant to the direction of the Governor, be transferred for
21use by the Environmental Protection Agency in accordance with
22this Act. Unexpended balances so transferred shall be expended
23by the Environmental Protection Agency only for the purpose
24for which the appropriations were originally made.
 

 

 

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1    Section 40. Reports, notices, or papers. Whenever reports
2or notices are required to be made or given or papers or
3documents furnished or served by any person to or upon the
4Department of Commerce and Economic Opportunity in connection
5with any of the powers, duties, rights, or responsibilities
6transferred by this Act to the Environmental Protection
7Agency, the same shall instead be made, given, furnished, or
8served in the same manner to or upon the Environmental
9Protection Agency.
 
10    Section 45. Rules.
11    (a) Any rules that (1) relate to the functions of the
12Office of Energy and Recycling transferred to the
13Environmental Protection Agency by this Act, (2) are in full
14force on the effective date of this Act, and (3) have been duly
15adopted by the Department of Commerce and Economic Opportunity
16shall become the rules of the Environmental Protection Agency.
17This Act does not affect the legality of any such rules in the
18Illinois Administrative Code.
19    (b) Any proposed rule filed with the Secretary of State by
20the Department of Commerce and Economic Opportunity that
21pertains to the functions of the Office of Energy and
22Recycling transferred to the Environmental Protection Agency
23by this Act, and that is pending in the rulemaking process on
24the effective date of this Act shall be deemed to have been

 

 

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1filed by the Environmental Protection Agency.
2    (c) On and after the effective date of this Act, the
3Environmental Protection Agency may propose and adopt, under
4the Illinois Administrative Procedure Act, other rules that
5relate to the functions of the Office of Energy and Recycling
6transferred to the Environmental Protection Agency by this
7Act.
 
8    Section 50. Rights, obligations, and duties unaffected by
9transfer. The transfer of powers, duties, rights, and
10responsibilities to the Environmental Protection Agency under
11this Act does not affect any person's rights, obligations, or
12duties, including any civil or criminal penalties applicable
13thereto, arising out of those transferred powers, duties,
14rights, and responsibilities.
 
15    Section 55. Acts and actions unaffected by transfer.
16    (a) This Act does not affect any act done, ratified, or
17canceled, or any right accruing or established, before the
18effective date of Executive Order 3 (2017) in connection with
19any function of the Office of Energy and Recycling transferred
20under this Act.
21    This Act does not affect any action or proceeding had or
22commenced before the effective date of Executive Order 3
23(2017) in an administrative, civil, or criminal cause
24regarding a function of the Office of Energy and Recycling

 

 

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1transferred from the Department of Commerce and Economic
2Opportunity, but any such action or proceeding may be
3defended, prosecuted, or continued by the Environmental
4Protection Agency.
 
5    Section 60. Exercise of transferred powers; savings
6provisions. The powers, duties, rights, and responsibilities
7related to the functions of the Office of Energy and Recycling
8transferred under this Act are vested in and shall be
9exercised by the Environmental Protection Agency. Each act
10done in the exercise of those powers, duties, rights, and
11responsibilities shall have the same legal effect as if done
12by the Department of Commerce and Economic Opportunity or its
13divisions, officers, or employees.
 
14    Section 900. The Electric Vehicle Act is amended by
15changing Section 15 as follows:
 
16    (20 ILCS 627/15)
17    Sec. 15. Electric Vehicle Coordinator. The Governor shall
18appoint a person within the Environmental Protection Agency
19Department of Commerce and Economic Opportunity to serve as
20the Electric Vehicle Coordinator for the State of Illinois.
21This person may be an existing employee with other duties. The
22Coordinator shall act as a point person for electric vehicle
23related 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
3Coal Resources Development Law of 1997 is amended by changing
4Sections 6-3, 6-4, 6-5, 6-5.5, 6-6, and 6-7 as follows:
 
5    (20 ILCS 687/6-3)
6    (Section scheduled to be repealed on December 31, 2021)
7    Sec. 6-3. Renewable energy resources program.
8    (a) The Environmental Protection Agency Department of
9Commerce and Economic Opportunity, to be called the
10"Department" hereinafter in this Law, shall administer the
11Renewable Energy Resources Program to provide grants, loans,
12and other incentives to foster investment in and the
13development and use of renewable energy resources.
14    (b) The Agency may, by administrative rule, Department
15shall establish and adjust eligibility criteria for grants,
16loans, and other incentives to foster investment in and the
17development and use of renewable energy resources. These
18criteria shall be reviewed annually and adjusted as necessary.
19The criteria should promote the goal of fostering investment
20in and the development and use, in Illinois, of renewable
21energy resources.
22    (c) The Agency may Department shall accept applications
23for grants, loans, and other incentives to foster investment
24in and the development and use of renewable energy resources.

 

 

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1    (d) To the extent that funds are available and
2appropriated, the Agency Department shall provide grants,
3loans, and other incentives to applicants that meet the
4criteria specified by the Agency Department.
5    (e) (Blank). The Department shall conduct an annual study
6on the use and availability of renewable energy resources in
7Illinois. Each year, the Department shall submit a report on
8the study to the General Assembly. This report shall include
9suggestions for legislation which will encourage the
10development and use of renewable energy resources.
11    (f) As used in this Law, "renewable energy resources"
12includes energy from wind, solar thermal energy, photovoltaic
13cells and panels, dedicated crops grown for energy production
14and organic waste biomass, hydropower that does not involve
15new construction or significant expansion of hydropower dams,
16and other such alternative sources of environmentally
17preferable energy. "Renewable energy resources" does not
18include, however, energy from the incineration or burning of
19waste wood, tires, garbage, general household, institutional
20and commercial waste, industrial lunchroom or office waste,
21landscape waste, or construction or demolition debris.
22    (g) There is created the Energy Efficiency Investment Fund
23as a special fund in the State Treasury, to be administered by
24the Agency Department to support the development of
25technologies for wind, biomass, and solar power in Illinois.
26The Agency Department may accept private and public funds,

 

 

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1including federal funds, for deposit into the Fund.
2(Source: P.A. 94-793, eff. 5-19-06; 95-913, eff. 1-1-09.)
 
3    (20 ILCS 687/6-4)
4    (Section scheduled to be repealed on December 31, 2021)
5    Sec. 6-4. Renewable Energy Resources Trust Fund.
6    (a) A fund to be called the Renewable Energy Resources
7Trust Fund is hereby established in the State Treasury.
8    (b) The Renewable Energy Resources Trust Fund shall be
9administered by the Agency Department to provide grants,
10loans, and other incentives to foster investment in and the
11development and use of renewable energy resources as provided
12in Section 6-3 of this Law or pursuant to the Illinois
13Renewable Fuels Development Program Act.
14    (c) All funds used by the Agency Department for the
15Renewable Energy Resources Program shall be subject to
16appropriation by the General Assembly.
17(Source: P.A. 94-839, eff. 6-6-06.)
 
18    (20 ILCS 687/6-5)
19    (Section scheduled to be repealed on December 31, 2021)
20    Sec. 6-5. Renewable Energy Resources and Coal Technology
21Development Assistance Charge.
22    (a) Notwithstanding the provisions of Section 16-111 of
23the Public Utilities Act but subject to subsection (e) of this
24Section, each public utility, electric cooperative, as defined

 

 

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1in Section 3.4 of the Electric Supplier Act, and municipal
2utility, as referenced in Section 3-105 of the Public
3Utilities Act, that is engaged in the delivery of electricity
4or the distribution of natural gas within the State of
5Illinois shall, effective January 1, 1998, assess each of its
6customer accounts a monthly Renewable Energy Resources and
7Coal Technology Development Assistance Charge. The delivering
8public utility, municipal electric or gas utility, or electric
9or gas cooperative for a self-assessing purchaser remains
10subject to the collection of the fee imposed by this Section.
11The monthly charge shall be as follows:
12        (1) $0.05 per month on each account for residential
13    electric service as defined in Section 13 of the Energy
14    Assistance Act;
15        (2) $0.05 per month on each account for residential
16    gas service as defined in Section 13 of the Energy
17    Assistance Act;
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;
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;
26        (5) $37.50 per month on each account for

 

 

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1    nonresidential electric service, as defined in Section 13
2    of the Energy Assistance Act, which had 10 megawatts or
3    greater of peak demand during the previous calendar year;
4    and
5        (6) $37.50 per month on each account for
6    nonresidential gas service, as defined in Section 13 of
7    the Energy Assistance Act, which had 4,000,000 or more
8    therms of gas distributed to it during the previous
9    calendar year.
10    (b) The Renewable Energy Resources and Coal Technology
11Development Assistance Charge assessed by electric and gas
12public utilities shall be considered a charge for public
13utility service.
14    (c) Fifty percent of the moneys collected pursuant to this
15Section shall be deposited in the Renewable Energy Resources
16Trust Fund by the Department of Revenue. From those funds,
17$2,000,000 may be used annually by the Environmental
18Protection Agency Department to provide grants to the Illinois
19Green Economy Network for the purposes of funding education
20and training for renewable energy and energy efficiency
21technology and for the operation and services of the Illinois
22Green Economy Network. The remaining 50 percent of the moneys
23collected pursuant to this Section shall be deposited in the
24Coal Technology Development Assistance Fund by the Department
25of Revenue for the exclusive purposes of (1) capturing or
26sequestering carbon emissions produced by coal combustion; (2)

 

 

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1supporting research on the capture and sequestration of carbon
2emissions produced by coal combustion; and (3) improving coal
3miner safety.
4    (d) By the 20th day of the month following the month in
5which the charges imposed by this Section were collected, each
6utility and alternative retail electric supplier collecting
7charges pursuant to this Section shall remit to the Department
8of Revenue for deposit in the Renewable Energy Resources Trust
9Fund and the Coal Technology Development Assistance Fund all
10moneys received as payment of the charge provided for in this
11Section on a return prescribed and furnished by the Department
12of Revenue showing such information as the Department of
13Revenue may reasonably require.
14    If any payment provided for in this Section exceeds the
15utility or alternate retail electric supplier's liabilities
16under this Act, as shown on an original return, the utility or
17alternative retail electric supplier may credit the excess
18payment against liability subsequently to be remitted to the
19Department of Revenue under this Act.
20    (e) The charges imposed by this Section shall only apply
21to customers of municipal electric or gas utilities and
22electric or gas cooperatives if the municipal electric or gas
23utility or electric or gas cooperative makes an affirmative
24decision to impose the charge. If a municipal electric or gas
25utility or an electric or gas cooperative makes an affirmative
26decision to impose the charge provided by this Section, the

 

 

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1municipal electric or gas utility or electric or gas
2cooperative shall inform the Department of Revenue in writing
3of such decision when it begins to impose the charge. If a
4municipal electric or gas utility or electric or gas
5cooperative does not assess this charge, its customers shall
6not be eligible for the Renewable Energy Resources Program.
7    (f) The Department of Revenue may establish such rules as
8it deems necessary to implement this Section.
9(Source: P.A. 100-402, eff. 8-25-17; 100-1171, eff. 1-4-19.)
 
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
14shall establish and operate a renewable energy grant program
15to assist public schools and community colleges with
16engineering studies and feasibility studies and in training
17green economy technology and in the installation, acquisition,
18construction, and improvement of renewable energy resources,
19including without limitation smart grid technology, solar
20energy (such as solar panels), geothermal energy, and wind
21energy.
22    (b) Application for a grant under this Section must be in
23the form and manner established by the Department. The schools
24and community colleges may accept private funds for their
25portion of the cost.

 

 

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1    (c) The Agency Department may adopt any rules that are
2necessary to carry out its responsibilities under this
3Section.
4(Source: P.A. 96-725, eff. 8-25-09; 97-72, eff. 7-1-11.)
 
5    (20 ILCS 687/6-6)
6    (Section scheduled to be repealed on December 31, 2021)
7    Sec. 6-6. Energy efficiency program.
8    (a) For the year beginning January 1, 1998, and thereafter
9as provided in this Section, each electric utility as defined
10in Section 3-105 of the Public Utilities Act and each
11alternative retail electric supplier as defined in Section
1216-102 of the Public Utilities Act supplying electric power
13and energy to retail customers located in the State of
14Illinois shall contribute annually a pro rata share of a total
15amount of $3,000,000 based upon the number of kilowatt-hours
16sold by each such entity in the 12 months preceding the year of
17contribution. On or before May 1 of each year, the Illinois
18Commerce Commission shall determine and notify the Agency
19Department of Commerce and Economic Opportunity of the pro
20rata share owed by each electric utility and each alternative
21retail electric supplier based upon information supplied
22annually to the Illinois Commerce Commission. On or before
23June 1 of each year, the Agency Department of Commerce and
24Economic Opportunity shall send written notification to each
25electric utility and each alternative retail electric supplier

 

 

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1of the amount of pro rata share they owe. These contributions
2shall be remitted to the Department of Revenue on or before
3June 30 of each year the contribution is due on a return
4prescribed and furnished by the Department of Revenue showing
5such information as the Department of Revenue may reasonably
6require. The funds received pursuant to this Section shall be
7subject to the appropriation of funds by the General Assembly.
8The Department of Revenue shall place the funds remitted under
9this Section in a trust fund, that is hereby created in the
10State Treasury, called the Energy Efficiency Trust Fund. If an
11electric utility or alternative retail electric supplier does
12not remit its pro rata share to the Department of Revenue, the
13Department of Revenue must inform the Illinois Commerce
14Commission of such failure. The Illinois Commerce Commission
15may then revoke the certification of that electric utility or
16alternative retail electric supplier. The Illinois Commerce
17Commission may not renew the certification of any electric
18utility or alternative retail electric supplier that is
19delinquent in paying its pro rata share.
20    (b) The Agency Department of Commerce and Economic
21Opportunity shall disburse the moneys in the Energy Efficiency
22Trust Fund to benefit residential electric customers through
23projects which the Agency Department of Commerce and Economic
24Opportunity has determined will promote energy efficiency in
25the State of Illinois. The Department of Commerce and Economic
26Opportunity shall establish a list of projects eligible for

 

 

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1grants from the Energy Efficiency Trust Fund including, but
2not limited to, supporting energy efficiency efforts for
3low-income households, replacing energy inefficient windows
4with more efficient windows, replacing energy inefficient
5appliances with more efficient appliances, replacing energy
6inefficient lighting with more efficient lighting, insulating
7dwellings and buildings, using market incentives to encourage
8energy efficiency, and such other projects which will increase
9energy efficiency in homes and rental properties.
10    (c) The Agency may, by administrative rule, Department of
11Commerce and Economic Opportunity shall establish criteria and
12an application process for this grant program.
13    (d) (Blank). The Department of Commerce and Economic
14Opportunity shall conduct a study of other possible energy
15efficiency improvements and evaluate methods for promoting
16energy efficiency and conservation, especially for the benefit
17of low-income customers.
18    (e) (Blank). The Department of Commerce and Economic
19Opportunity shall submit an annual report to the General
20Assembly evaluating the effectiveness of the projects and
21programs provided in this Section, and recommending further
22legislation which will encourage additional development and
23implementation of energy efficiency projects and programs in
24Illinois and other actions that help to meet the goals of this
25Section.
26(Source: P.A. 94-793, eff. 5-19-06.)
 

 

 

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1    (20 ILCS 687/6-7)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 6-7. Repeal. The provisions of this Law are repealed
4on December 31, 2025 2021.
5(Source: P.A. 101-639, eff. 6-12-20.)
 
6    Section 915. The Illinois Renewable Fuels Development
7Program Act is amended by changing Sections 5, 10, 15, 25, and
830 as follows:
 
9    (20 ILCS 689/5)
10    Sec. 5. Findings and State policy. The General Assembly
11recognizes that agriculture is a vital sector of the Illinois
12economy and that an important growth industry for the Illinois
13agricultural sector is renewable fuels production. Renewable
14fuels produced from Illinois agricultural products hold great
15potential for growing the State's economy, reducing our
16dependence on foreign oil supplies, and improving the
17environment by reducing harmful emissions from vehicles.
18Illinois is the nation's leading producer of ethanol, a clean,
19renewable fuel with significant environmental benefits. The
20General Assembly finds that reliable supplies of renewable
21fuels will be integral to the long term energy security of the
22United States. The General Assembly declares that it is the
23public policy of the State of Illinois to promote and

 

 

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1encourage the production and use of renewable fuels as a means
2not only to improve air quality in the State and the nation,
3but also to grow the agricultural sector of the Illinois
4economy. To achieve these public policy objectives, the
5General Assembly hereby authorizes the creation and
6implementation of the Illinois Renewable Fuels Development
7Program within the Agency Department.
8(Source: P.A. 93-15, eff. 6-11-03.)
 
9    (20 ILCS 689/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Agency" means the Environmental Protection Agency.
12    "Biodiesel" means a renewable diesel fuel derived from
13biomass that is intended for use in diesel engines.
14    "Biodiesel blend" means a blend of biodiesel with
15petroleum-based diesel fuel in which the resultant product
16contains no less than 1% and no more than 99% biodiesel.
17    "Biomass" means non-fossil organic materials that have an
18intrinsic chemical energy content. "Biomass" includes, but is
19not limited to, soybean oil, other vegetable oils, and
20ethanol.
21    "Department" means the Department of Commerce and Economic
22Opportunity.
23    "Diesel fuel" means any product intended for use or
24offered for sale as a fuel for engines in which the fuel is
25injected into the combustion chamber and ignited by pressure

 

 

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1without electric spark.
2    "Director" means the Director of the Agency Commerce and
3Economic Opportunity.
4    "Ethanol" means a product produced from agricultural
5commodities or by-products used as a fuel or to be blended with
6other fuels for use in motor vehicles.
7    "Fuel" means fuel as defined in Section 1.19 of the Motor
8Fuel Tax Law.
9    "Gasohol" means motor fuel that is no more than 90%
10gasoline and at least 10% denatured ethanol that contains no
11more than 1.25% water by weight.
12    "Gasoline" means all products commonly or commercially
13known or sold as gasoline (including casing head and
14absorption or natural gasoline).
15    "Illinois agricultural product" means any agricultural
16commodity grown in Illinois that is used by a production
17facility to produce renewable fuel in Illinois, including, but
18not limited to, corn, barley, and soy beans.
19    "Labor Organization" means any organization defined as a
20"labor organization" under Section 2 of the National Labor
21Relations Act (29 U.S.C. 152).
22    "Majority blended ethanol fuel" means motor fuel that
23contains no less than 70% and no more than 90% denatured
24ethanol and no less than 10% and no more than 30% gasoline.
25    "Motor vehicles" means motor vehicles as defined in the
26Illinois Vehicle Code and watercraft propelled by an internal

 

 

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1combustion engine.
2    "Owner" means any individual, sole proprietorship, limited
3partnership, co-partnership, joint venture, corporation,
4cooperative, or other legal entity, including its agents, that
5operates or will operate a plant located within the State of
6Illinois.
7    "Plant" means a production facility that produces a
8renewable fuel. "Plant" includes land, any building or other
9improvement on or to land, and any personal properties deemed
10necessary or suitable for use, whether or not now in
11existence, in the processing of fuel from agricultural
12commodities or by-products.
13    "Renewable fuel" means ethanol, gasohol, majority blended
14ethanol fuel, biodiesel blend fuel, and biodiesel.
15(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03;
1694-793, eff. 5-19-06.)
 
17    (20 ILCS 689/15)
18    Sec. 15. Illinois Renewable Fuels Development Program.
19    (a) The Agency may Department must develop and administer
20the Illinois Renewable Fuels Development Program to assist in
21the construction, modification, alteration, or retrofitting of
22renewable fuel plants in Illinois. The recipient of a grant
23under this Section must:
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
5        (3) enter into a project labor agreement as prescribed
6    by Section 25 of this Act.
7    (b) Grant applications must be made on forms provided by
8and in accordance with procedures established by the Agency
9Department.
10    (c) The Agency Department must give preference to
11applicants that use Illinois agricultural products in the
12production of renewable fuel at the plant for which the grant
13is being requested.
14(Source: P.A. 96-140, eff. 1-1-10.)
 
15    (20 ILCS 689/25)
16    Sec. 25. Project labor agreements.
17    (a) The project labor agreement must include the
18following:
19        (1) provisions establishing the minimum hourly wage
20    for each class of labor organization employee;
21        (2) provisions establishing the benefits and other
22    compensation for each class of labor organization
23    employee; and
24        (3) provisions establishing that no strike or disputes
25    will be engaged in by the labor organization employees.

 

 

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1The owner of the plant and the labor organizations shall have
2the authority to include other terms and conditions as they
3deem necessary.
4    (b) The project labor agreement shall be filed with the
5Director in accordance with procedures established by the
6Agency Department. At a minimum, the project labor agreement
7must provide the names, addresses, and occupations of the
8owner of the plant and the individuals representing the labor
9organization employees participating in the project labor
10agreement. The agreement must also specify the terms and
11conditions required in subsection (a).
12(Source: P.A. 93-15, eff. 6-11-03.)
 
13    (20 ILCS 689/30)
14    Sec. 30. Administration of the Act; rules. The Agency may
15Department shall administer this Act and shall adopt any rules
16necessary for that purpose.
17(Source: P.A. 93-15, eff. 6-11-03.)
 
18    Section 920. The Energy Conservation and Coal Development
19Act is amended by changing Sections 1 and 3 as follows:
 
20    (20 ILCS 1105/1)  (from Ch. 96 1/2, par. 7401)
21    Sec. 1. Definitions; transfer of duties.
22    (a) For the purposes of this Act, unless the context
23otherwise requires:

 

 

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1        "Department" means the Department of Commerce and
2    Economic Opportunity.
3        "Director" means the Director of Commerce and Economic
4    Opportunity.
5    (b) As provided in Section 80-20 of the Department of
6Natural Resources Act, the Department of Commerce and
7Community Affairs (now Department of Commerce and Economic
8Opportunity) shall assume the rights, powers, and duties of
9the former Department of Energy and Natural Resources under
10this Act, except as those rights, powers, and duties are
11otherwise allocated or transferred by this amendatory Act of
12the 102nd General Assembly or any other law.
13(Source: P.A. 94-793, eff. 5-19-06.)
 
14    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
15    Sec. 3. Powers and duties.
16    (a) In addition to its other powers, the Environmental
17Protection Agency Department has the following powers:
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.
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,
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.
9        (4) To cooperate with State colleges and universities
10    and their governing boards in energy programs and
11    activities.
12        (5) (Blank).
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.
25    (a-5) In addition to its other powers, the Department has
26the 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.
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.
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
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.
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.
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
3    international coal market.
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
8    Services.
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
14    products in productive and benign applications.
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.
19    (b) (Blank).
20    (c) (Blank).
21    (d) The Agency Department shall develop a package of
22educational materials containing information regarding the
23necessity of waste reduction and recycling to reduce
24dependence on landfills and to maintain environmental quality.
25The Agency Department shall make this information available to
26the public on its website and for schools to access for their

 

 

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1development of materials. Those materials shall be suitable
2for instructional use in grades 3, 4 and 5.
3    (e) (Blank).
4    (f) (Blank).
5    (g) (Blank).
6    (h) (Blank).
7    (i) (Blank).
8(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
 
9    Section 925. The Energy Conservation Act is amended by
10changing Section 4 as follows:
 
11    (20 ILCS 1115/4)  (from Ch. 96 1/2, par. 7604)
12    Sec. 4. Technical Assistance Programs.
13    (a) The Environmental Protection Agency may Department of
14Commerce and Economic Opportunity shall provide to a unit of
15local government, upon request by the unit, technical
16assistance in the development of energy efficiency standards,
17including, but not limited to, thermal efficiency standards
18and lighting efficiency standards to units of local
19government, upon request by such unit.
20    (b) (Blank). The Department shall provide technical
21assistance in the development of a program for energy
22efficiency in procurement to units of local government, upon
23request by such unit.
24    (c) The Technical Assistance Programs provided in this

 

 

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1Section shall be supported by funds provided to the State
2pursuant to the federal "Energy Policy and Conservation Act of
31975" or other federal acts that provide funds for energy
4conservation efforts through the use of building codes.
5(Source: P.A. 94-793, eff. 5-19-06.)
 
6    (20 ILCS 1115/5 rep.)
7    Section 930. The Energy Conservation Act is amended by
8repealing Section 5.
 
9    Section 935. The Energy Efficient Building Act is amended
10by changing Sections 10, 15, 25, and 30 as follows:
 
11    (20 ILCS 3125/10)
12    Sec. 10. Definitions.
13    "Agency" means the Environmental Protection Agency.
14    "Board" means the Capital Development Board.
15    "Building" includes both residential buildings and
16commercial buildings.
17    "Code" means the latest published edition of the
18International Code Council's International Energy Conservation
19Code as adopted by the Board, including any published
20supplements adopted by the Board and any amendments and
21adaptations to the Code that are made by the Board.
22    "Commercial building" means any building except a building
23that is a residential building, as defined in this Section.

 

 

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1    "Department" means the Department of Commerce and Economic
2Opportunity.
3    "Municipality" means any city, village, or incorporated
4town.
5    "Residential building" means (i) a detached one-family or
62-family dwelling or (ii) any building that is 3 stories or
7less in height above grade that contains multiple dwelling
8units, in which the occupants reside on a primarily permanent
9basis, such as a townhouse, a row house, an apartment house, a
10convent, a monastery, a rectory, a fraternity or sorority
11house, a dormitory, and a rooming house; provided, however,
12that when applied to a building located within the boundaries
13of a municipality having a population of 1,000,000 or more,
14the term "residential building" means a building containing
15one or more dwelling units, not exceeding 4 stories above
16grade, where occupants are primarily permanent.
17(Source: P.A. 101-144, eff. 7-26-19.)
 
18    (20 ILCS 3125/15)
19    Sec. 15. Energy Efficient Building Code. The Board, in
20consultation with the Agency Department, shall adopt the Code
21as minimum requirements for commercial buildings, applying to
22the construction of, renovations to, and additions to all
23commercial buildings in the State. The Board, in consultation
24with the Agency Department, shall also adopt the Code as the
25minimum and maximum requirements for residential buildings,

 

 

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1applying to the construction of all residential buildings in
2the State, except as provided for in Section 45 of this Act.
3The Board may appropriately adapt the International Energy
4Conservation Code to apply to the particular economy,
5population distribution, geography, and climate of the State
6and construction therein, consistent with the public policy
7objectives of this Act.
8(Source: P.A. 96-778, eff. 8-28-09.)
 
9    (20 ILCS 3125/25)
10    Sec. 25. Technical assistance.
11    (a) The Agency Department shall make available to
12builders, designers, engineers, and architects implementation
13materials and training to explain the requirements of the Code
14and describe methods of compliance acceptable to Code
15Enforcement Officials.
16    (b) The materials shall include software tools, simplified
17prescriptive options, and other materials as appropriate. The
18simplified materials shall be designed for projects in which a
19design professional may not be involved.
20    (c) The Agency Department shall provide local
21jurisdictions with technical assistance concerning
22implementation and enforcement of the Code.
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
2Agency Department, shall determine procedures for compliance
3with the Code. These procedures may include but need not be
4limited to certification by a national, State, or local
5accredited energy conservation program or inspections from
6private Code-certified inspectors using the Code.
7(Source: P.A. 93-936, eff. 8-13-04.)
 
8    Section 940. The Green Governments Illinois Act is amended
9by changing Section 20 as follows:
 
10    (20 ILCS 3954/20)
11    Sec. 20. Responsibilities of the Council. The Council is
12responsible for the development and dissemination of programs,
13plans, and policies to reduce the environmental footprint of
14State government and for improving the implementation of
15greening the government initiatives in other institutions,
16thereby reducing costs to taxpayers and improving efficiency
17in operations. The Council shall convene on a quarterly basis
18and 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:

 

 

HB2785- 33 -LRB102 13785 CPF 19135 b

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

 

 

HB2785- 34 -LRB102 13785 CPF 19135 b

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.
5        (d) Developing and implementing, to the extent
6    fiscally feasible, training programs designed to instill
7    the importance and value of environmental sustainability.
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

 

 

HB2785- 35 -LRB102 13785 CPF 19135 b

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

 

 

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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
12Sections 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
15solid waste management.
16    (a) Definitions. As used in this Section, the following
17terms shall have the meanings indicated, unless the context
18otherwise requires:
19    "Deinked stock" means paper that has been processed to
20remove inks, clays, coatings, binders and other contaminants.
21    "High grade printing and writing papers" includes offset
22printing paper, duplicator paper, writing paper (stationery),
23tablet paper, office paper, note pads, xerographic paper,
24envelopes, form bond including computer paper and carbonless

 

 

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1forms, book papers, bond papers, ledger paper, book stock and
2cotton fiber papers.
3    "Paper and paper products" means high grade printing and
4writing papers, tissue products, newsprint, unbleached
5packaging and recycled paperboard.
6    "Postconsumer material" means only those products
7generated by a business or consumer which have served their
8intended end uses, and which have been separated or diverted
9from solid waste; wastes generated during the production of an
10end product are excluded.
11    "Recovered paper material" means paper waste generated
12after the completion of the papermaking process, such as
13postconsumer materials, envelope cuttings, bindery trimmings,
14printing waste, cutting and other converting waste, butt
15rolls, and mill wrappers, obsolete inventories, and rejected
16unused stock. "Recovered paper material", however, does not
17include fibrous waste generated during the manufacturing
18process such as fibers recovered from waste water or trimmings
19of paper machine rolls (mill broke), or fibrous byproducts of
20harvesting, extraction or woodcutting processes, or forest
21residues such as bark.
22    "Recycled paperboard" includes paperboard products,
23folding cartons and pad backings.
24    "Tissue products" includes toilet tissue, paper towels,
25paper napkins, facial tissue, paper doilies, industrial
26wipers, paper bags and brown papers. These products shall also

 

 

HB2785- 38 -LRB102 13785 CPF 19135 b

1be unscented and shall not be colored.
2    "Unbleached packaging" includes corrugated and fiber
3storage boxes.
4    (a-5) Each school district shall periodically review its
5procurement procedures and specifications related to the
6purchase of products and supplies. Those procedures and
7specifications must be modified as necessary to require the
8school district to seek out products and supplies that contain
9recycled materials and to ensure that purchased products and
10supplies are reusable, durable, or made from recycled
11materials, if economically and practically feasible. In
12selecting products and supplies that contain recycled
13material, preference must be given to products and supplies
14that contain the highest amount of recycled material and that
15are consistent with the effective use of the product or
16supply, if economically and practically feasible.
17    (b) Wherever economically and practically feasible, as
18determined by the school board, the school board, all public
19schools and attendance centers within a school district, and
20their school supply stores shall procure recycled paper and
21paper 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

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
24vendors pursuant to printing contracts are not considered
25paper and paper products for the purposes of subsection (b),
26unless purchased under contract for the printing of student

 

 

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1newspapers.
2    (d)(1) Wherever economically and practically feasible, the
3recycled paper and paper products referred to in subsection
4(b) shall contain postconsumer or recovered paper materials as
5specified 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

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
25materials, nor to any newspapers, magazines, text books,
26library books or other copyrighted publications which are

 

 

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1purchased or used by any school board or any public school or
2attendance center within a school district, or which are sold
3in any school supply store operated by or within any such
4school or attendance center, other than newspapers written,
5edited or produced by students enrolled in the school
6district, public school or attendance center.
7    (e-5) Each school district shall periodically review its
8procedures on solid waste reduction regarding the management
9of solid waste generated by academic, administrative, and
10other institutional functions. Those waste reduction
11procedures must be designed to, when economically and
12practically feasible, recycle the school district's waste
13stream, including without limitation landscape waste, computer
14paper, and white office paper. School districts are encouraged
15to have procedures that provide for the investigation of
16potential markets for other recyclable materials that are
17present in the school district's waste stream. The waste
18reduction procedures must be designed to achieve, before July
191, 2020, at least a 50% reduction in the amount of solid waste
20that is generated by the school district.
21    (f) The State Board of Education, in coordination with the
22Department Departments of Central Management Services and
23Commerce and Economic Opportunity, may adopt such rules and
24regulations as it deems necessary to assist districts in
25carrying 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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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
3waste management.
4    (a) Definitions. As used in this Section, the following
5terms shall have the meanings indicated, unless the context
6otherwise requires:
7    "Deinked stock" means paper that has been processed to
8remove inks, clays, coatings, binders and other contaminants.
9    "High grade printing and writing papers" includes offset
10printing paper, duplicator paper, writing paper (stationery),
11tablet paper, office paper, note pads, xerographic paper,
12envelopes, form bond including computer paper and carbonless
13forms, book papers, bond papers, ledger paper, book stock and
14cotton fiber papers.
15    "Paper and paper products" means high grade printing and
16writing papers, tissue products, newsprint, unbleached
17packaging and recycled paperboard.
18    "Postconsumer material" means only those products
19generated by a business or consumer which have served their
20intended end uses, and which have been separated or diverted
21from solid waste; wastes generated during the production of an
22end product are excluded.
23    "Recovered paper material" means paper waste generated
24after the completion of the papermaking process, such as
25postconsumer materials, envelope cuttings, bindery trimmings,

 

 

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1printing waste, cutting and other converting waste, butt
2rolls, and mill wrappers, obsolete inventories, and rejected
3unused stock. "Recovered paper material", however, does not
4include fibrous waste generated during the manufacturing
5process as fibers recovered from waste water or trimmings of
6paper machine rolls (mill broke), or fibrous byproducts of
7harvesting, extraction or woodcutting processes, or forest
8residues such as bark.
9    "Recycled paperboard" includes paperboard products,
10folding cartons and pad backings.
11    "Tissue products" includes toilet tissue, paper towels,
12paper napkins, facial tissue, paper doilies, industrial
13wipers, paper bags and brown papers. These products shall also
14be unscented and shall not be colored.
15    "Unbleached packaging" includes corrugated and fiber
16storage boxes.
17    (a-5) The school district shall periodically review its
18procurement procedures and specifications related to the
19purchase of products and supplies. Those procedures and
20specifications must be modified as necessary to require the
21school district to seek out products and supplies that contain
22recycled materials and to ensure that purchased products and
23supplies are reusable, durable, or made from recycled
24materials, if economically and practically feasible. In
25selecting products and supplies that contain recycled
26material, preference must be given to products and supplies

 

 

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1that contain the highest amount of recycled material and that
2are consistent with the effective use of the product or
3supply, if economically and practically feasible.
4    (b) Wherever economically and practically feasible, as
5determined by the board of education, the board of education,
6all public schools and attendance centers within the school
7district, and their school supply stores shall procure
8recycled 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,

 

 

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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
11vendors pursuant to printing contracts are not considered
12paper and paper products for the purposes of subsection (b),
13unless purchased under contract for the printing of student
14newspapers.
15    (d)(1) Wherever economically and practically feasible, the
16recycled paper and paper products referred to in subsection
17(b) shall contain postconsumer or recovered paper materials as
18specified 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

 

 

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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

 

 

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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

 

 

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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
12materials, nor to any newspapers, magazines, text books,
13library books or other copyrighted publications which are
14purchased or used by the board of education or any public
15school or attendance center within the school district, or
16which are sold in any school supply store operated by or within
17any such school or attendance center, other than newspapers
18written, edited or produced by students enrolled in the school
19district, public school or attendance center.
20    (e-5) The school district shall periodically review its
21procedures on solid waste reduction regarding the management
22of solid waste generated by academic, administrative, and
23other institutional functions. Those waste reduction
24procedures must be designed to, when economically and
25practically feasible, recycle the school district's waste
26stream, including without limitation landscape waste, computer

 

 

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1paper, and white office paper. The school district is
2encouraged to have procedures that provide for the
3investigation of potential markets for other recyclable
4materials that are present in the school district's waste
5stream. The waste reduction procedures must be designed to
6achieve, before July 1, 2020, at least a 50% reduction in the
7amount of solid waste that is generated by the school
8district.
9    (f) The State Board of Education, in coordination with the
10Department Departments of Central Management Services and
11Commerce and Economic Opportunity, may adopt such rules and
12regulations as it deems necessary to assist districts in
13carrying 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
16by changing Sections 22.15, 22.16b, 55.3, 55.7, 58.14a, and
1758.15 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
21special fund to be known as the Solid Waste Management Fund, to
22be constituted from the fees collected by the State pursuant
23to this Section, from repayments of loans made from the Fund
24for solid waste projects, from registration fees collected

 

 

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1pursuant to the Consumer Electronics Recycling Act, and from
2amounts transferred into the Fund pursuant to Public Act
3100-433. Moneys received by either the Agency or the
4Department of Commerce and Economic Opportunity in repayment
5of loans made pursuant to the Illinois Solid Waste Management
6Act shall be deposited into the General Revenue Fund.
7    (b) The Agency shall assess and collect a fee in the amount
8set forth herein from the owner or operator of each sanitary
9landfill permitted or required to be permitted by the Agency
10to dispose of solid waste if the sanitary landfill is located
11off the site where such waste was produced and if such sanitary
12landfill is owned, controlled, and operated by a person other
13than the generator of such waste. The Agency shall deposit all
14fees collected into the Solid Waste Management Fund. If a site
15is contiguous to one or more landfills owned or operated by the
16same person, the volumes permanently disposed of by each
17landfill shall be combined for purposes of determining the fee
18under this subsection. Beginning on July 1, 2018, and on the
19first day of each month thereafter during fiscal years 2019
20through 2021, the State Comptroller shall direct and State
21Treasurer shall transfer an amount equal to 1/12 of $5,000,000
22per fiscal year from the Solid Waste Management Fund to the
23General 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

 

 

HB2785- 53 -LRB102 13785 CPF 19135 b

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

 

 

HB2785- 54 -LRB102 13785 CPF 19135 b

1collection of the fees authorized by this Section. Such rules
2shall 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
14Waste Management Fund shall be used by the Agency and the
15Department of Commerce and Economic Opportunity for the
16purposes set forth in this Section and in the Illinois Solid
17Waste Management Act, including for the costs of fee
18collection and administration, and for the administration of
19(1) the Consumer Electronics Recycling Act and (2) until
20January 1, 2020, the Electronic Products Recycling and Reuse
21Act.
22    (f) The Agency is authorized to enter into such agreements
23and to promulgate such rules as are necessary to carry out its
24duties under this Section and the Illinois Solid Waste
25Management Act.
26    (g) On the first day of January, April, July, and October

 

 

HB2785- 55 -LRB102 13785 CPF 19135 b

1of each year, beginning on July 1, 1996, the State Comptroller
2and Treasurer shall transfer $500,000 from the Solid Waste
3Management Fund to the Hazardous Waste Fund. Moneys
4transferred under this subsection (g) shall be used only for
5the purposes set forth in item (1) of subsection (d) of Section
622.2.
7    (h) The Agency is authorized to provide financial
8assistance to units of local government for the performance of
9inspecting, investigating and enforcement activities pursuant
10to Section 4(r) at nonhazardous solid waste disposal sites.
11    (i) The Agency is authorized to conduct household waste
12collection and disposal programs.
13    (j) A unit of local government, as defined in the Local
14Solid Waste Disposal Act, in which a solid waste disposal
15facility is located may establish a fee, tax, or surcharge
16with regard to the permanent disposal of solid waste. All
17fees, taxes, and surcharges collected under this subsection
18shall be utilized for solid waste management purposes,
19including long-term monitoring and maintenance of landfills,
20planning, implementation, inspection, enforcement and other
21activities consistent with the Solid Waste Management Act and
22the Local Solid Waste Disposal Act, or for any other
23environment-related purpose, including but not limited to an
24environment-related public works project, but not for the
25construction of a new pollution control facility other than a
26household hazardous waste facility. However, the total fee,

 

 

HB2785- 56 -LRB102 13785 CPF 19135 b

1tax or surcharge imposed by all units of local government
2under this subsection (j) upon the solid waste disposal
3facility 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
26may use proceeds from the fee, tax, or surcharge to reimburse a

 

 

HB2785- 57 -LRB102 13785 CPF 19135 b

1highway commissioner whose road district lies wholly or
2partially within the corporate limits of the unit of local
3government for expenses incurred in the removal of
4nonhazardous, nonfluid municipal waste that has been dumped on
5public property in violation of a State law or local
6ordinance.
7    A county or Municipal Joint Action Agency that imposes a
8fee, tax, or surcharge under this subsection may use the
9proceeds thereof to reimburse a municipality that lies wholly
10or partially within its boundaries for expenses incurred in
11the removal of nonhazardous, nonfluid municipal waste that has
12been dumped on public property in violation of a State law or
13local ordinance.
14    If the fees are to be used to conduct a local sanitary
15landfill inspection or enforcement program, the unit of local
16government must enter into a written delegation agreement with
17the Agency pursuant to subsection (r) of Section 4. The unit of
18local government and the Agency shall enter into such a
19written delegation agreement within 60 days after the
20establishment of such fees. At least annually, the Agency
21shall conduct an audit of the expenditures made by units of
22local government from the funds granted by the Agency to the
23units of local government for purposes of local sanitary
24landfill inspection and enforcement programs, to ensure that
25the funds have been expended for the prescribed purposes under
26the grant.

 

 

HB2785- 58 -LRB102 13785 CPF 19135 b

1    The fees, taxes or surcharges collected under this
2subsection (j) shall be placed by the unit of local government
3in a separate fund, and the interest received on the moneys in
4the fund shall be credited to the fund. The monies in the fund
5may be accumulated over a period of years to be expended in
6accordance with this subsection.
7    A unit of local government, as defined in the Local Solid
8Waste Disposal Act, shall prepare and distribute to the
9Agency, in April of each year, a report that details spending
10plans for monies collected in accordance with this subsection.
11The 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,
23and under subsection (k) of this Section, shall be applicable
24to any fee, tax or surcharge imposed under this subsection
25(j); except that the fee, tax or surcharge authorized to be
26imposed under this subsection (j) may be made applicable by a

 

 

HB2785- 59 -LRB102 13785 CPF 19135 b

1unit of local government to the permanent disposal of solid
2waste after December 31, 1986, under any contract lawfully
3executed before June 1, 1986 under which more than 150,000
4cubic yards (or 50,000 tons) of solid waste is to be
5permanently disposed of, even though the waste is exempt from
6the fee imposed by the State under subsection (b) of this
7Section pursuant to an exemption granted under Section 22.16.
8    (k) In accordance with the findings and purposes of the
9Illinois Solid Waste Management Act, beginning January 1, 1989
10the fee under subsection (b) and the fee, tax or surcharge
11under 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;
26100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.

 

 

HB2785- 60 -LRB102 13785 CPF 19135 b

18-14-18; 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
4shall assess and collect a fee from the owner or operator of
5each new municipal waste incinerator. The fee shall be
6calculated by applying the rates established from time to time
7for the disposal of solid waste at sanitary landfills under
8subdivision (b)(1) of Section 22.15 to the total amount of
9municipal waste accepted for incineration at the new municipal
10waste incinerator. The exemptions provided by this Act to the
11fees imposed under subsection (b) of Section 22.15 shall not
12apply to the fee imposed by this Section.
13    The owner or operator of any new municipal waste
14incinerator permitted after January 1, 1990, but before July
151, 1990 by the Agency for the development or operation of a new
16municipal waste incinerator shall be exempt from this fee, but
17shall 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
2incinerator" means a municipal waste incinerator initially
3permitted for development or construction on or after January
41, 1990.
5    Amounts collected under this subsection shall be deposited
6into the Municipal Waste Incinerator Tax Fund, which is hereby
7established as an interest-bearing special fund in the State
8Treasury. Monies in the Fund may be used, subject to
9appropriation:
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
18operation of a new municipal waste incinerator shall include
19the 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

 

 

HB2785- 62 -LRB102 13785 CPF 19135 b

1    incinerator units, and the form and frequency of reports
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
7for the construction, development or operation of a new
8municipal waste incinerator, shall deny the permit if (i) the
9Agency finds in the permit application noncompliance with the
10laws and rules of the State or (ii) the application indicates
11that the mandated air emissions standards will not be reached
12within six months of the proposed municipal waste incinerator
13beginning operation.
14    (c) The Agency shall adopt specific limitations on the
15emission of mercury, chromium, cadmium and lead, and good
16combustion practices, including temperature controls from
17municipal waste incinerators pursuant to Section 9.4 of the
18Act.
19    (d) The Agency shall establish household hazardous waste
20collection centers in appropriate places in this State. The
21Agency may operate and maintain the centers itself or may
22contract with other parties for that purpose. The Agency shall
23ensure that the wastes collected are properly disposed of. The
24collection centers may charge fees for their services, not to
25exceed 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
2the local governing authority agrees to waive local siting
3approval 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
7or waste tires creates an immediate danger to health, the
8Agency may take action pursuant to Section 34 of this Act.
9    (b) Upon making a finding that an accumulation of used or
10waste tires creates a hazard posing a threat to public health
11or the environment, the Agency may undertake preventive or
12corrective action in accordance with this subsection. Such
13preventive or corrective action may consist of any or all of
14the 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
6appropriated funds, undertake a consensual removal action for
7the removal of up to 1,000 used or waste tires at no cost to
8the 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
7the owner or operator, or both, of a site where used or waste
8tires are located and to the owner or operator, or both, of the
9accumulation of tires at the site, whenever the Agency finds
10that the used or waste tires pose a threat to public health or
11the environment, or that there is no owner or operator
12proceeding in accordance with a tire removal agreement
13approved under Section 55.4.
14    The notice provided by the Agency shall include the
15identified preventive or corrective action, and shall provide
16an opportunity for the owner or operator, or both, to perform
17such action.
18    For sites with more than 250,000 passenger tire
19equivalents, following the notice provided for by this
20subsection (d), the Agency may enter into a written
21reimbursement agreement with the owner or operator of the
22site. The agreement shall provide a schedule for the owner or
23operator to reimburse the Agency for costs incurred for
24preventive or corrective action, which shall not exceed 5
25years in length. An owner or operator making payments under a
26written 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
4Agency shall have authority to enter at all reasonable times
5upon any private or public property for the purpose of taking
6whatever preventive or corrective action is necessary and
7appropriate in accordance with the provisions of this Section,
8including but not limited to removal, processing or treatment
9of used or waste tires, whenever the Agency finds that used or
10waste tires pose a threat to public health or the environment.
11    (f) In undertaking preventive, corrective or consensual
12removal action under this Section the Agency may consider use
13of the following: rubber reuse alternatives, shredding or
14other conversion through use of mobile or fixed facilities,
15energy recovery through burning or incineration, and landfill
16disposal. To the extent practicable, the Agency shall consult
17with the Department of Commerce and Economic Opportunity
18regarding the availability of alternatives to landfilling used
19and waste tires, and shall make every reasonable effort to
20coordinate tire cleanup projects with applicable programs that
21relate to such alternative practices.
22    (g) Except as otherwise provided in this Section, the
23owner or operator of any site or accumulation of used or waste
24tires at which the Agency has undertaken corrective or
25preventive action under this Section shall be liable for all
26costs thereof incurred by the State of Illinois, including

 

 

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1reasonable costs of collection. Any monies received by the
2Agency hereunder shall be deposited into the Used Tire
3Management Fund. The Agency may in its discretion store,
4dispose of or convey the tires that are removed from an area at
5which it has undertaken a corrective, preventive or consensual
6removal action, and may sell or store such tires and other
7items, including but not limited to rims, that are removed
8from the area. The net proceeds of any sale shall be credited
9against the liability incurred by the owner or operator for
10the costs of any preventive or corrective action.
11    (h) Any person liable to the Agency for costs incurred
12under subsection (g) of this Section may be liable to the State
13of Illinois for punitive damages in an amount at least equal
14to, and not more than 2 times, the costs incurred by the State
15if such person failed without sufficient cause to take
16preventive or corrective action pursuant to notice issued
17under subsection (d) of this Section.
18    (i) There shall be no liability under subsection (g) of
19this Section for a person otherwise liable who can establish
20by a preponderance of the evidence that the hazard created by
21the 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
3relationship" includes, but is not limited to, land contracts,
4deeds and other instruments transferring title or possession,
5unless the real property upon which the accumulation is
6located was acquired by the defendant after the disposal or
7placement of used or waste tires on, in or at the property and
8one or more of the following circumstances is also established
9by 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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1obligations or liability of any person under any other
2provision of this Act, federal law, or State law, including
3the common law, for injuries, damages or losses resulting from
4the circumstances leading to Agency action under this Section.
5    (k) The costs and damages provided for in this Section may
6be imposed by the Board in an action brought before the Board
7in accordance with Title VIII of this Act, except that
8subsection (c) of Section 33 of this Act shall not apply to any
9such action.
10    (l) The Agency shall, when feasible, consult with the
11Department of Public Health prior to taking any action to
12remove or treat an infested tire accumulation for control of
13mosquitoes or other disease vectors. The Agency may by
14contract or agreement secure the services of the Department of
15Public Health, any local public health department, or any
16other qualified person in treating any such infestation as
17part of an emergency or preventive action.
18    (m) Neither the State, the Agency, the Board, the
19Director, nor any State employee shall be liable for any
20damage or injury arising out of or resulting from any action
21taken 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
25Opportunity may adopt regulations as necessary for the

 

 

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1administration of the grant and loan programs funded from the
2Used Tire Management Fund, including but not limited to
3procedures and criteria for applying for, evaluating, awarding
4and terminating grants and loans. The Agency Department of
5Commerce and Economic Opportunity may by rule specify criteria
6for providing grant assistance rather than loan assistance;
7such criteria shall promote the expeditious development of
8alternatives to the disposal of used tires, and the efficient
9use of monies for assistance. Evaluation criteria may be
10established 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
25Remediation Tax Credit Review.

 

 

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1    (a) Prior to applying for the River Edge Redevelopment
2Zone site remediation tax credit under subsection (n) of
3Section 201 of the Illinois Income Tax Act, a Remediation
4Applicant must first submit to the Agency an application for
5review of remediation costs. The Agency shall review the
6application in consultation with the Department of Commerce
7and Economic Opportunity. The application and review process
8must be conducted in accordance with the requirements of this
9Section and the rules adopted under subsection (g). A
10preliminary review of the estimated remediation costs for
11development and implementation of the Remedial Action Plan may
12be obtained in accordance with subsection (d).
13    (b) No application for review may be submitted until a No
14Further Remediation Letter has been issued by the Agency and
15recorded in the chain of title for the site in accordance with
16Section 58.10. The Agency shall review the application to
17determine whether the costs submitted are remediation costs
18and whether the costs incurred are reasonable. The application
19must be on forms prescribed and provided by the Agency. At a
20minimum, 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
3application meeting the requirements of subsection (b), the
4Agency shall issue a letter to the applicant approving,
5disapproving, or modifying the remediation costs submitted in
6the application. If the remediation costs are approved as
7submitted, then the Agency's letter must state the amount of
8the remediation costs to be applied toward the River Edge
9Redevelopment Zone site remediation tax credit. If an
10application is disapproved or approved with modification of
11remediation costs, then the Agency's letter must set forth the
12reasons for the disapproval or modification and must state the
13amount of the remediation costs, if any, to be applied toward
14the River Edge Redevelopment Zone site remediation tax credit.
15    If a preliminary review of a budget plan has been obtained
16under subsection (d), then the Remediation Applicant may
17submit, with the application and supporting documentation
18under subsection (b), a copy of the Agency's final
19determination accompanied by a certification that the actual
20remediation costs incurred for the development and
21implementation of the Remedial Action Plan are equal to or
22less than the costs approved in the Agency's final
23determination on the budget plan. The certification must be
24signed by the Remediation Applicant and notarized. Based on
25that submission, the Agency is not required to conduct further
26review of the costs incurred for development and

 

 

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1implementation of the Remedial Action Plan, and it may approve
2the costs as submitted. Within 35 days after the receipt of an
3Agency letter disapproving or modifying an application for
4approval of remediation costs, the Remediation Applicant may
5appeal the Agency's decision to the Board in the manner
6provided for the review of permits under Section 40 of this
7Act.
8    (d) A Remediation Applicant may obtain a preliminary
9review of estimated remediation costs for the development and
10implementation of the Remedial Action Plan by submitting a
11budget plan along with the Remedial Action Plan. The budget
12plan must be set forth on forms prescribed and provided by the
13Agency and must include, without limitation, line-item
14estimates of the costs associated with each line item (such as
15personnel, equipment, and materials) that the Remediation
16Applicant anticipates will be incurred for the development and
17implementation of the Remedial Action Plan. The Agency shall
18review the budget plan along with the Remedial Action Plan to
19determine whether the estimated costs submitted are
20remediation costs and whether the costs estimated for the
21activities are reasonable.
22    If the Remedial Action Plan is amended by the Remediation
23Applicant or as a result of Agency action, then the
24corresponding budget plan must be revised accordingly and
25resubmitted for Agency review.
26    The budget plan must be accompanied by the applicable fee

 

 

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1as set forth in subsection (e).
2    The submittal of a budget plan is deemed to be an automatic
360-day waiver of the Remedial Action Plan review deadlines set
4forth in this Section and its rules.
5    Within the applicable period of review, the Agency shall
6issue a letter to the Remediation Applicant approving,
7disapproving, or modifying the estimated remediation costs
8submitted in the budget plan. If a budget plan is disapproved
9or approved with modification of estimated remediation costs,
10then the Agency's letter must set forth the reasons for the
11disapproval or modification.
12    Within 35 days after receipt of an Agency letter
13disapproving or modifying a budget plan, the Remediation
14Applicant may appeal the Agency's decision to the Board in the
15manner provided for the review of permits under Section 40 of
16this Act.
17    (e) Any fee for a review conducted under this Section is in
18addition to any other fees or payments for Agency services
19rendered under the Site Remediation Program. The fees under
20this 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
26Illinois, for deposit into the Hazardous Waste Fund. Pursuant

 

 

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1to appropriation, the Agency shall use the fees collected
2under this subsection for development and administration of
3the review program.
4    (f) The Agency has the authority to enter into any
5contracts or agreements that may be necessary to carry out its
6duties and responsibilities under this Section.
7    (g) The Agency shall adopt rules prescribing procedures
8and standards for its administration of this Section. Prior to
9the effective date of rules adopted under this Section, the
10Agency may conduct reviews of applications under this Section.
11The Agency may publish informal guidelines concerning this
12Section 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
18loan program to be known as the "Brownfields Redevelopment
19Loan Program" for the purpose of providing loans to be used for
20site investigation, site remediation, or both, at brownfields
21sites. All principal, interest, and penalty payments from
22loans made under this subsection (A) shall be deposited into
23the Brownfields Redevelopment Fund and reused in accordance
24with 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
11contracts or agreements that may be necessary to carry out its
12duties or responsibilities under this subsection (A). The
13Agency shall have the authority to promulgate regulations
14setting forth procedures and criteria for administering the
15Brownfields Redevelopment Loan Program. The regulations
16promulgated by the Agency for loans under this subsection (A)
17shall include, but need not be limited to, the following
18elements:
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
3used as a source of revenue or security for the principal and
4interest on revenue or general obligation bonds issued by the
5State or any political subdivision or instrumentality thereof,
6if 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
23Remediation Applicant shall first submit to the Agency its
24proposed remediation costs. The Agency shall make a
25pre-application assessment, which is not to be binding upon
26the Department of Commerce and Economic Opportunity or upon

 

 

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1future review of the project, relating only to whether the
2Agency has adequate funding to reimburse the applicant for the
3remediation costs if the applicant is found to be eligible for
4reimbursement of remediation costs. If the Agency determines
5that it is likely to have adequate funding to reimburse the
6applicant for remediation costs, the Remediation Applicant may
7then submit to the Agency Department of Commerce and Economic
8Opportunity an application for review of eligibility. The
9Agency Department must review the eligibility application to
10determine whether the Remediation Applicant is eligible for
11the payment. The application must be on forms prescribed and
12provided by the Agency Department of Commerce and Economic
13Opportunity. At a minimum, the application must include the
14following:
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

 

 

HB2785- 85 -LRB102 13785 CPF 19135 b

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
4Agency Department of Commerce and Economic Opportunity under
5this subsection (B) is $1,000 for each site reviewed. The
6application fee must be made payable to the Agency Department
7of Commerce and Economic Opportunity for deposit into the
8Brownfields Redevelopment Workforce, Technology, and Economic
9Development Fund. These application fees shall be used by the
10Agency Department for administrative expenses incurred under
11this subsection (B).
12    (d) Within 60 days after receipt by the Agency Department
13of Commerce and Economic Opportunity of an application meeting
14the requirements of subdivision (B)(b), the Agency Department
15of Commerce and Economic Opportunity must issue a letter to
16the applicant approving the application, approving the
17application with modifications, or disapproving the
18application. If the application is approved or approved with
19modifications, the Agency's Department of Commerce and
20Economic Opportunity's letter must also include its
21determination of the "net economic benefit" of the remediation
22project and the maximum amount of the payment to be made
23available to the applicant for remediation costs. The payment
24by the Agency under this subsection (B) must not exceed the
25"net economic benefit" of the remediation project, as
26determined by the Department of Commerce and Economic

 

 

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1Opportunity.
2    (e) An application for a review of remediation costs must
3not be submitted to the Agency unless the Agency Department of
4Commerce and Economic Opportunity has determined the
5Remediation Applicant is eligible under subdivision (B)(d). If
6the Agency Department of Commerce and Economic Opportunity has
7determined that a Remediation Applicant is eligible under
8subdivision (B)(d), the Remediation Applicant may submit an
9application for payment to the Agency under this subsection
10(B). Except as provided in subdivision (B)(f), an application
11for review of remediation costs must not be submitted until a
12No Further Remediation Letter has been issued by the Agency
13and recorded in the chain of title for the site in accordance
14with Section 58.10. The Agency must review the application to
15determine whether the costs submitted are remediation costs
16and whether the costs incurred are reasonable. The application
17must be on forms prescribed and provided by the Agency. At a
18minimum, 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.
2    (f) An application for review of remediation costs may be
3submitted to the Agency prior to the issuance of a No Further
4Remediation Letter if the Remediation Applicant has a Remedial
5Action Plan approved by the Agency under the terms of which the
6Remediation Applicant will remediate groundwater for more than
7one year. The Agency must review the application to determine
8whether the costs submitted are remediation costs and whether
9the costs incurred are reasonable. The application must be on
10forms prescribed and provided by the Agency. At a minimum, the
11application 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
18subdivision (B)(f), until the Agency issues a No Further
19Remediation Letter for the site, no more than 75% of the
20allowed payment may be claimed by the Remediation Applicant.
21The remaining 25% may be claimed following the issuance by the
22Agency of a No Further Remediation Letter for the site. For a
23Remediation Applicant seeking a payment under subdivision
24(B)(e), until the Agency issues a No Further Remediation
25Letter for the site, no payment may be claimed by the
26Remediation 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
14this subsection (B) are in addition to any other fees or
15payments for Agency services rendered pursuant to the Site
16Remediation 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
23budget plan must be made payable to the State of Illinois, for
24deposit into the Brownfields Redevelopment Fund.
25    (k) Moneys in the Brownfields Redevelopment Fund may be
26used for the purposes of this Section, including payment for

 

 

HB2785- 93 -LRB102 13785 CPF 19135 b

1the costs of administering this subsection (B). Any moneys
2remaining in the Brownfields Site Restoration Program Fund on
3the effective date of this amendatory Act of the 92nd General
4Assembly shall be transferred to the Brownfields Redevelopment
5Fund. Total payments made to all Remediation Applicants by the
6Agency 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
9enter into any contracts or agreements that may be necessary
10to carry out the Agency's their duties and responsibilities
11under this subsection (B).
12    (m) Within 6 months after the effective date of this
13amendatory Act of 2002, the Department of Commerce and
14Community Affairs (now Department of Commerce and Economic
15Opportunity) and the Agency must propose rules prescribing
16procedures and standards for the administration of this
17subsection (B). Within 9 months after receipt of the proposed
18rules, the Board shall adopt on second notice, pursuant to
19Sections 27 and 28 of this Act and the Illinois Administrative
20Procedure Act, rules that are consistent with this subsection
21(B). Prior to the effective date of rules adopted under this
22subsection (B), the Department of Commerce and Community
23Affairs (now Department of Commerce and Economic Opportunity)
24and the Agency may conduct reviews of applications under this
25subsection (B) and the Agency is further authorized to
26distribute guidance documents on costs that are eligible or

 

 

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1ineligible as remediation costs.
2(Source: P.A. 97-333, eff. 8-12-11.)
 
3    Section 960. The Solid Waste Planning and Recycling Act is
4amended 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
7waste management plan, including the recycling program, within
8one year of adoption of the plan. The county may enter into
9written agreements with other persons, including a
10municipality or persons transporting municipal waste on the
11effective date of this Act, pursuant to which the persons
12undertake to fulfill some or all of the county's
13responsibilities under this Act. A person who enters into an
14agreement shall be responsible with the county for the
15implementation of such programs.
16    (b) In implementing the recycling program, consideration
17for the collection, marketing and disposition of recyclable
18materials shall be given to persons engaged in the business of
19recycling within the county on the effective date of this Act,
20whether or not the persons were operating for profit.
21    If a township within the county is operating a recycling
22program on the effective date of the plan which substantially
23conforms with or exceeds the requirements of the recycling
24program included in the plan, the township may continue to

 

 

HB2785- 95 -LRB102 13785 CPF 19135 b

1operate its recycling program, and such operation shall
2constitute, within the township, implementation of the
3recycling program included in the plan. A township may at any
4time adopt and implement a recycling program that is more
5stringent than that required by the county waste management
6plan.
7    (c) The Agency Department shall assist counties in
8implementing recycling programs under this Act, and may,
9pursuant to appropriation, make grants and loans from the
10Solid Waste Management Fund to counties or other units of
11local government for that purpose, to be used for capital
12assistance or for the payment of recycling diversion credits
13or for other recycling program purposes, in accordance with
14such 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
17amended by changing Sections 2.1, 3, 3.1, 6, 6a, 7, and 8 as
18follows:
 
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
21context otherwise requires, the following terms have the
22meanings ascribed to them in this Section:
23    "Agency" means the Environmental Protection Agency.
24    "Department", when a particular entity is not specified,

 

 

HB2785- 96 -LRB102 13785 CPF 19135 b

1means (i) in the case of a function to be performed on or after
2July 1, 1995 (the effective date of the Department of Natural
3Resources Act) and until the effective date of this amendatory
4Act of the 102nd General Assembly, the Department of Commerce
5and Community Affairs (now Department of Commerce and Economic
6Opportunity), as successor to the former Department of Energy
7and Natural Resources under the Department of Natural
8Resources Act; or (ii) in the case of a function required to be
9performed before July 1, 1995, the former Illinois Department
10of Energy and Natural Resources.
11    "Deinked stock" means paper that has been processed to
12remove inks, clays, coatings, binders and other contaminants.
13    "End product" means only those items that are designed to
14be used until disposal; items designed to be used in
15production of a subsequent item are excluded.
16    "High grade printing and writing papers" includes offset
17printing paper, duplicator paper, writing paper (stationery),
18office paper, note pads, xerographic paper, envelopes, form
19bond including computer paper and carbonless forms, book
20papers, bond papers, ledger paper, book stock and cotton fiber
21papers.
22    "Paper and paper products" means high grade printing and
23writing papers, tissue products, newsprint, unbleached
24packaging and recycled paperboard.
25    "Postconsumer material" means only those products
26generated by a business or consumer which have served their

 

 

HB2785- 97 -LRB102 13785 CPF 19135 b

1intended end uses, and which have been separated or diverted
2from solid waste; wastes generated during production of an end
3product are excluded.
4    "Recovered paper material" means paper waste generated
5after the completion of the papermaking process, such as
6postconsumer materials, envelope cuttings, bindery trimmings,
7printing waste, cutting and other converting waste, butt
8rolls, and mill wrappers, obsolete inventories, and rejected
9unused stock. "Recovered paper material", however, does not
10include fibrous waste generated during the manufacturing
11process such as fibers recovered from waste water or trimmings
12of paper machine rolls (mill broke), or fibrous byproducts of
13harvesting, extraction or woodcutting processes, or forest
14residues such as bark.
15    "Recycled paperboard" includes recycled paperboard
16products, folding cartons and pad backing.
17    "Recycling" means the process by which solid waste is
18collected, separated and processed for reuse as either a raw
19material or a product which itself is subject to recycling,
20but does not include the combustion of waste for energy
21recovery or volume reduction.
22    "Tissue products" includes toilet tissue, paper towels,
23paper napkins, facial tissue, paper doilies, industrial
24wipers, paper bags and brown papers.
25    "Unbleached packaging" includes corrugated and fiber
26boxes.

 

 

HB2785- 98 -LRB102 13785 CPF 19135 b

1    "USEPA Guidelines for federal procurement" means all
2minimum recycled content standards recommended by the U.S.
3Environmental 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
8public lands in the State shall, to the maximum extent
9feasible, use compost materials in all land maintenance
10activities which are to be paid with public funds.
11    (a-5) All State agencies responsible for the maintenance
12of public lands in the State shall review its procurement
13specifications and policies to determine (1) if incorporating
14compost materials will help reduce stormwater run-off and
15increase infiltration of moisture in land maintenance
16activities and (2) the current recycled content usage and
17potential for additional recycled content usage by the Agency
18in land maintenance activities and report to the General
19Assembly by December 15, 2015.
20    (b) The Department of Central Management Services, in
21coordination with the Agency Department of Commerce and
22Economic Opportunity, shall implement waste reduction
23programs, including source separation and collection, for
24office wastepaper, corrugated containers, newsprint and mixed
25paper, in all State buildings as appropriate and feasible.

 

 

HB2785- 99 -LRB102 13785 CPF 19135 b

1Such waste reduction programs shall be designed to achieve
2waste reductions of at least 25% of all such waste by December
331, 1995, and at least 50% of all such waste by December 31,
42000. Any source separation and collection program shall
5include, at a minimum, procedures for collecting and storing
6recyclable materials, bins or containers for storing
7materials, and contractual or other arrangements with buyers
8of recyclable materials. If market conditions so warrant, the
9Department of Central Management Services, in coordination
10with the Agency Department of Commerce and Economic
11Opportunity, may modify programs developed pursuant to this
12Section.
13    The Department of Commerce and Community Affairs (now
14Department of Commerce and Economic Opportunity) shall conduct
15waste categorization studies of all State facilities for
16calendar years 1991, 1995 and 2000. Such studies shall be
17designed to assist the Department of Central Management
18Services to achieve the waste reduction goals established in
19this subsection.
20    (c) Each State agency shall, upon consultation with the
21Agency Department of Commerce and Economic Opportunity,
22periodically review its procurement procedures and
23specifications related to the purchase of products or
24supplies. Such procedures and specifications shall be modified
25as necessary to require the procuring agency to seek out
26products and supplies that contain recycled materials, and to

 

 

HB2785- 100 -LRB102 13785 CPF 19135 b

1ensure that purchased products or supplies are reusable,
2durable or made from recycled materials whenever economically
3and practically feasible. In choosing among products or
4supplies that contain recycled material, consideration shall
5be given to products and supplies with the highest recycled
6material content that is consistent with the effective and
7efficient use of the product or supply.
8    (d) Wherever economically and practically feasible, the
9Department of Central Management Services shall procure
10recycled 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.

 

 

HB2785- 101 -LRB102 13785 CPF 19135 b

1    (e) Paper and paper products purchased from private
2vendors pursuant to printing contracts are not considered
3paper products for the purposes of subsection (d). However,
4the Department of Central Management Services shall report to
5the General Assembly on an annual basis the total dollar value
6of printing contracts awarded to private sector vendors that
7included 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,

 

 

HB2785- 102 -LRB102 13785 CPF 19135 b

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
9adopt regulations to carry out the provisions and purposes of
10this Section.
11    (h) Every State agency shall, in its procurement
12documents, specify that, whenever economically and practically
13feasible, a product to be procured must consist, wholly or in
14part, of recycled materials, or be recyclable or reusable in
15whole or in part. When applicable, if state guidelines are not
16already prescribed, State agencies shall follow USEPA
17guidelines for federal procurement.
18    (i) All State agencies shall cooperate with the Department
19of Central Management Services in carrying out this Section.
20The Department of Central Management Services may enter into
21cooperative purchasing agreements with other governmental
22units in order to obtain volume discounts, or for other
23reasons in accordance with the Governmental Joint Purchasing
24Act, or in accordance with the Intergovernmental Cooperation
25Act if governmental units of other states or the federal
26government are involved.

 

 

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1    (j) The Department of Central Management Services shall
2submit an annual report to the General Assembly concerning its
3implementation of the State's collection and recycled paper
4procurement programs. This report shall include a description
5of the actions that the Department of Central Management
6Services has taken in the previous fiscal year to implement
7this Section. This report shall be submitted on or before
8November 1 of each year.
9    (k) The Department of Central Management Services, in
10cooperation with all other appropriate departments and
11agencies of the State, shall institute whenever economically
12and practically feasible the use of re-refined motor oil in
13all State-owned motor vehicles and the use of remanufactured
14and retread tires whenever such use is practical, beginning no
15later than July 1, 1992.
16    (l) (Blank).
17    (m) The Department of Central Management Services, in
18coordination with the Department of Commerce and Community
19Affairs (now Department of Commerce and Economic Opportunity),
20has implemented an aluminum can recycling program in all State
21buildings within 270 days of the effective date of this
22amendatory Act of 1997. The program provides for (1) the
23collection and storage of used aluminum cans in bins or other
24appropriate containers made reasonably available to occupants
25and visitors of State buildings and (2) the sale of used
26aluminum cans to buyers of recyclable materials.

 

 

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1    Proceeds from the sale of used aluminum cans shall be
2deposited into I-CYCLE accounts maintained in the Facilities
3Management Revolving Fund and, subject to appropriation, shall
4be used by the Department of Central Management Services and
5any other State agency to offset the costs of implementing the
6aluminum can recycling program under this Section.
7    All State agencies having an aluminum can recycling
8program in place shall continue with their current plan. If a
9State agency has an existing recycling program in place,
10proceeds from the aluminum can recycling program may be
11retained and distributed pursuant to that program, otherwise
12all revenue resulting from these programs shall be forwarded
13to Central Management Services, I-CYCLE for placement into the
14appropriate account within the Facilities Management Revolving
15Fund, 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
20institutions of higher learning" or "institutions" means the
21University of Illinois, Southern Illinois University, the
22colleges and universities under the jurisdiction of the Board
23of Governors of State Colleges and Universities, the colleges
24and universities under the jurisdiction of the Board of
25Regents of Regency Universities, and the public community

 

 

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1colleges subject to the Public Community College Act.
2    (b) Each State-supported institution of higher learning
3shall develop a comprehensive waste reduction plan covering a
4period of 10 years which addresses the management of solid
5waste generated by academic, administrative, student housing
6and other institutional functions. The waste reduction plan
7shall be developed by January 1, 1995. The initial plan
8required under this Section shall be updated by the
9institution every 5 years, and any proposed amendments to the
10plan shall be submitted for review in accordance with
11subsection (f).
12    (c) Each waste reduction plan shall address, at a minimum,
13the following topics: existing waste generation by volume,
14waste composition, existing waste reduction and recycling
15activities, waste collection and disposal costs, future waste
16management methods, and specific goals to reduce the amount of
17waste generated that is subject to landfill disposal.
18    (d) Each waste reduction plan shall provide for recycling
19of marketable materials currently present in the institution's
20waste stream, including but not limited to landscape waste,
21corrugated cardboard, computer paper, and white office paper,
22and shall provide for the investigation of potential markets
23for other recyclable materials present in the institution's
24waste stream. The recycling provisions of the waste reduction
25plan shall be designed to achieve, by January 1, 2000, at least
26a 40% reduction (referenced to a base year of 1987) in the

 

 

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1amount of solid waste that is generated by the institution and
2identified in the waste reduction plan as being subject to
3landfill disposal.
4    (e) Each waste reduction plan shall evaluate the
5institution's procurement policies and practices to eliminate
6procedures which discriminate against items with recycled
7content, and to identify products or items which are procured
8by the institution on a frequent or repetitive basis for which
9products with recycled content may be substituted. Each waste
10reduction plan shall prescribe that it will be the policy of
11the institution to purchase products with recycled content
12whenever such products have met specifications and standards
13of equivalent products which do not contain recycled content.
14    (f) Each waste reduction plan developed in accordance with
15this Section shall be submitted to the Agency Department of
16Commerce and Economic Opportunity for review and approval. The
17Agency's Department's review shall be conducted in cooperation
18with the Board of Higher Education and the Illinois Community
19College Board.
20    (g) The Agency Department of Commerce and Economic
21Opportunity shall provide technical assistance, technical
22materials, workshops and other information necessary to assist
23in the development and implementation of the waste reduction
24plans. The Agency Department shall develop guidelines and
25funding criteria for providing grant assistance to
26institutions for the implementation of approved waste

 

 

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1reduction 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
5Opportunity shall be the lead agency for implementation of
6this Act and shall have the following powers:
7    (a) To provide technical and educational assistance for
8applications of technologies and practices which will minimize
9the land disposal of non-hazardous solid waste; economic
10feasibility of implementation of solid waste management
11alternatives; analysis of markets for recyclable materials and
12energy products; application of the Geographic Information
13System to provide analysis of natural resource, land use, and
14environmental impacts; evaluation of financing and ownership
15options; and evaluation of plans prepared by units of local
16government pursuant to Section 22.15 of the Environmental
17Protection Act.
18    (b) (Blank).
19    (c) To provide loans or recycling and composting grants to
20businesses and not-for-profit and governmental organizations
21for the purposes of increasing the quantity of materials
22recycled or composted in Illinois; developing and implementing
23innovative recycling methods and technologies; developing and
24expanding markets for recyclable materials; and increasing the
25self-sufficiency of the recycling industry in Illinois. The

 

 

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1Agency Department shall work with and coordinate its
2activities with existing for-profit and not-for-profit
3collection and recycling systems to encourage orderly growth
4in the supply of and markets for recycled materials and to
5assist existing collection and recycling efforts.
6    The Agency Department shall develop a public education
7program concerning the importance of both composting and
8recycling in order to preserve landfill space in Illinois.
9    (d) To establish guidelines and funding criteria for the
10solicitation of projects under this Act, and to receive and
11evaluate applications for loans or grants for solid waste
12management projects based upon such guidelines and criteria.
13Funds may be loaned with or without interest.
14    (e) To support and coordinate solid waste research in
15Illinois, and to approve the annual solid waste research
16agenda prepared by the University of Illinois.
17    (f) To provide loans or grants for research, development
18and demonstration of innovative technologies and practices,
19including but not limited to pilot programs for collection and
20disposal of household wastes.
21    (g) To promulgate such rules and regulations as are
22necessary to carry out the purposes of subsections (c), (d)
23and (f) of this Section.
24    (h) (Blank). To cooperate with the Environmental
25Protection Agency for the purposes specified herein.
26    The Agency Department is authorized to accept any and all

 

 

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1grants, repayments of interest and principal on loans,
2matching funds, reimbursements, appropriations, income derived
3from investments, or other things of value from the federal or
4state governments or from any institution, person,
5partnership, joint venture, corporation, public or private.
6    The Agency Department is authorized to use moneys
7available for that purpose, subject to appropriation,
8expressly for the purpose of implementing a loan program
9according to procedures established pursuant to this Act.
10Those moneys shall be used by the Agency Department for the
11purpose of financing additional projects and for the Agency's
12Department'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
16Opportunity 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
12framework for a comprehensive solid waste management program
13in Illinois.
14    The Department shall prepare and submit to the Governor
15and the General Assembly on or before January 1, 1992, a report
16evaluating the effectiveness of the programs provided under
17this Act and Section 22.14 of the Environmental Protection
18Act; assessing the need for a continuation of existing
19programs, development and implementation of new programs and
20appropriate funding mechanisms; and recommending legislative
21and administrative action to fully implement a comprehensive
22solid waste management program in Illinois.
23    The Department shall investigate the suitability and
24advisability of providing tax incentives for Illinois
25businesses to use recycled products and purchase or lease

 

 

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1recycling equipment and shall report to the Governor and the
2General Assembly by January 1, 1987 on the results of this
3investigation.
4    By July 1, 1989, the Department shall submit to the
5Governor and members of the General Assembly a waste reduction
6report:
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
22Opportunity, with the cooperation of the State Board of
23Education, the Illinois Environmental Protection Agency, and
24others as needed, shall develop, coordinate and conduct an
25education program for solid waste management and recycling.
26The program shall include, but not be limited to, education

 

 

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1for the general public, businesses, government, educators and
2students.
3    The education program shall address, at a minimum, the
4following topics: the solid waste management alternatives of
5recycling, composting, and source reduction; resource
6allocation and depletion; solid waste planning; reuse of
7materials; pollution prevention; and household hazardous
8waste.
9    The Agency Department of Commerce and Economic Opportunity
10shall cooperate with municipal and county governments,
11regional school superintendents, educational educational
12service centers, local school districts, and planning agencies
13and committees to coordinate local and regional education
14programs and workshops and to expedite the exchange of
15technical information.
16    By March 1, 1989, the Department shall prepare a report on
17strategies for distributing and marketing landscape waste
18compost from centralized composting sites operated by units of
19local government. The report shall, at a minimum, evaluate the
20effects of product quality, assured supply, cost and public
21education on the availability of compost, free delivery, and
22public sales composting program. The evaluation of public
23sales programs shall focus on direct retail sale of bagged
24compost at the site or special distribution centers and bulk
25sale 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
2changing Sections 2002.03, 2004, 2005, 2007, 2008, 2010, 2011,
32012, and 2013 as follows:
 
4    (415 ILCS 110/2002.03 new)
5    Sec. 2002.03. Agency. "Agency" means the Environmental
6Protection Agency.
 
7    (415 ILCS 110/2004)  (from Ch. 96 1/2, par. 9754)
8    Sec. 2004. Consumer usage certification. Each consumer of
9newsprint within the State shall, on or before March 1 of each
10year, certify to the Agency Department the amount in tons of
11every type of newsprint used by the consumer of newsprint the
12previous year and the percentage of recycled fibers present in
13each type of newsprint, so that the Agency Department can
14calculate the recycled fiber usage for that consumer of
15newsprint. All Illinois consumers of newsprint shall submit
16the first consumer usage certificate by March 1, 1992, for the
17calendar year 1991. Only consumers of newsprint who provide
18timely usage certificates shall receive credit for recycled
19fiber 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

 

 

HB2785- 116 -LRB102 13785 CPF 19135 b

1recycled fiber usage certification may be subject to an audit
2by the Agency Department to ensure that the recycled fiber
3percentage 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
7the purposes of implementing and enforcing this Act, the
8Agency Department shall develop and maintain a list that
9identifies every consumer of newsprint in Illinois and every
10person who supplies a consumer of newsprint with newsprint.
11The Agency Department may use information from local business
12permits, trade publications, or any other relevant information
13to 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
18Act, the Agency Department shall set comparable quality
19standards for each of the grades of newsprint available from
20all suppliers of newsprint to determine the comparable quality
21of recycled content newsprint to virgin material. The
22standards shall be based on the average numerical standards of
23printing opacity, brightness level, and cross machine tear
24strength.

 

 

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1    (b) The Agency Department shall review its standards at
2least once every 2 years and determine whether they should be
3adjusted to reflect changes in industry standards and
4practices, and if so, the Agency Department shall set new
5standards.
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
9knowingly provides a consumer of newsprint with a false or
10misleading certificate concerning the recycled fiber
11percentage of the delivered newsprint, the Agency Department,
12within 30 days of making this determination, shall refer the
13false or misleading certificate to the Attorney General for
14prosecution 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
18newsprint who knowingly provides the Agency Department with a
19false or misleading certificate concerning the percentage of
20recycled fiber used commits a Class C misdemeanor, and the
21Agency Department, within 30 days of making this
22determination, shall refer the false or misleading certificate
23to 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.
3Specific information on newsprint prices included as part of a
4certificate submitted to the Agency Department by newsprint
5consumers or suppliers is proprietary information and shall
6not be made available to the general public.
7(Source: P.A. 86-1443.)
 
8    (415 ILCS 110/2013)  (from Ch. 96 1/2, par. 9763)
9    Sec. 2013. Mandatory recycling.
10    (a) If the Department determines that the 1993 annual
11aggregate average of recycled fiber usage does not meet or
12exceed the goal established in Section 2003 of this Act, the
13provisions of this Section shall be implemented.
14    (b) During the year 1994 every consumer of newsprint in
15Illinois shall be required to ensure that its recycled fiber
16usage is at least 28%, unless he complies with subsection (c)
17or (d).
18    (c) If recycled content newsprint cannot be found that
19meets quality standards established by the Agency Department,
20or if recycled content newsprint cannot be found in sufficient
21quantities to meet recycled fiber usage requirements within a
22given year, or if recycled newsprint cannot be found at a price
23comparable to that of newsprint made from 100% virgin fibers,
24the consumer of newsprint shall so certify to the Agency

 

 

HB2785- 119 -LRB102 13785 CPF 19135 b

1Department and provide the Agency Department with the specific
2reasons for failing to meet recycled fiber usage requirements.
3    (d) A consumer of newsprint who has made previous
4contracts with newsprint suppliers before January 1, 1991, may
5be exempt from the requirements of this Act if those
6requirements are in conflict with the agreements set forth in
7the contract. The consumer of newsprint must conform to the
8conditions of this Act immediately upon expiration or
9nullification of the contract. Contracts may not be entered
10into or renewed as an attempt to evade the requirements of this
11Act.
12    (e) Any consumer of newsprint who knowingly provides the
13Agency Department with a false or misleading certificate
14concerning why the consumer of newsprint was unable to obtain
15the minimum amount of recycled content newsprint needed to
16achieve the recycled fiber usage requirements, commits a Class
17C misdemeanor, and the Agency Department, within 30 days of
18making this determination, shall refer the false or misleading
19certificate to the Attorney General for prosecution.
20    (f) Any person who knowingly violates subsection (b) of
21this Section is guilty of a business offense punishable by a
22fine of not more than $1,000.
23(Source: P.A. 90-655, eff. 7-30-98.)
 
24    Section 980. The Alternate Fuels Act is amended by
25changing Sections 15, 31, and 32 as follows:
 

 

 

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1    (415 ILCS 120/15)
2    Sec. 15. Rulemaking. The Agency shall promulgate rules and
3dedicate sufficient resources to implement the purposes of
4Section 30 of this Act. Such rules shall be consistent with the
5provisions of the Clean Air Act Amendments of 1990 and any
6regulations promulgated pursuant thereto. The Secretary of
7State may promulgate rules to implement Section 35 of this
8Act. The Agency Department of Commerce and Economic
9Opportunity may promulgate rules to implement Section 25 of
10this Act.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    (415 ILCS 120/31)
13    Sec. 31. Alternate Fuel Infrastructure Program. Subject to
14appropriation, the Agency may Department of Commerce and
15Community Affairs (now Department of Commerce and Economic
16Opportunity) shall establish a grant program to provide
17funding for the building of E85 blend, propane, at least 20%
18biodiesel blended fuel, and compressed natural gas (CNG)
19fueling facilities, including private on-site fueling
20facilities, to be built within the covered area or in Illinois
21metropolitan areas over 100,000 in population. The Agency
22Department of Commerce and Economic Opportunity shall be
23responsible for reviewing the proposals and awarding the
24grants.

 

 

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1(Source: P.A. 94-62, eff. 6-20-05.)
 
2    (415 ILCS 120/32)
3    Sec. 32. Clean Fuel Education Program. Subject to
4appropriation, the Agency Department of Commerce and Economic
5Opportunity, in cooperation with the Agency and Chicago Area
6Clean Cities, may shall administer the Clean Fuel Education
7Program, the purpose of which is to educate fleet
8administrators and Illinois' citizens about the benefits of
9using alternate fuels. The program shall include a media
10campaign.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    Section 995. The Prevailing Wage Act is amended by
13changing Section 2 as follows:
 
14    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
15    Sec. 2. This Act applies to the wages of laborers,
16mechanics and other workers employed in any public works, as
17hereinafter defined, by any public body and to anyone under
18contracts for public works. This includes any maintenance,
19repair, assembly, or disassembly work performed on equipment
20whether owned, leased, or rented.
21    As used in this Act, unless the context indicates
22otherwise:
23    "Public works" means all fixed works constructed or

 

 

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1demolished by any public body, or paid for wholly or in part
2out of public funds. "Public works" as defined herein includes
3all projects financed in whole or in part with bonds, grants,
4loans, or other funds made available by or through the State or
5any of its political subdivisions, including but not limited
6to: bonds issued under the Industrial Project Revenue Bond Act
7(Article 11, Division 74 of the Illinois Municipal Code), the
8Industrial Building Revenue Bond Act, the Illinois Finance
9Authority Act, the Illinois Sports Facilities Authority Act,
10or the Build Illinois Bond Act; loans or other funds made
11available pursuant to the Build Illinois Act; loans or other
12funds made available pursuant to the Riverfront Development
13Fund under Section 10-15 of the River Edge Redevelopment Zone
14Act; or funds from the Fund for Illinois' Future under Section
156z-47 of the State Finance Act, funds for school construction
16under Section 5 of the General Obligation Bond Act, funds
17authorized under Section 3 of the School Construction Bond
18Act, funds for school infrastructure under Section 6z-45 of
19the State Finance Act, and funds for transportation purposes
20under Section 4 of the General Obligation Bond Act. "Public
21works" also includes (i) all projects financed in whole or in
22part with funds from the Environmental Protection Agency
23Department of Commerce and Economic Opportunity under the
24Illinois Renewable Fuels Development Program Act for which
25there is no project labor agreement; (ii) all work performed
26pursuant to a public private agreement under the Public

 

 

HB2785- 123 -LRB102 13785 CPF 19135 b

1Private Agreements for the Illiana Expressway Act or the
2Public-Private Agreements for the South Suburban Airport Act;
3and (iii) all projects undertaken under a public-private
4agreement under the Public-Private Partnerships for
5Transportation Act. "Public works" also includes all projects
6at leased facility property used for airport purposes under
7Section 35 of the Local Government Facility Lease Act. "Public
8works" also includes the construction of a new wind power
9facility by a business designated as a High Impact Business
10under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone
11Act. "Public works" does not include work done directly by any
12public utility company, whether or not done under public
13supervision or direction, or paid for wholly or in part out of
14public funds. "Public works" also includes any corrective
15action performed pursuant to Title XVI of the Environmental
16Protection Act for which payment from the Underground Storage
17Tank Fund is requested. "Public works" does not include
18projects undertaken by the owner at an owner-occupied
19single-family residence or at an owner-occupied unit of a
20multi-family residence. "Public works" does not include work
21performed for soil and water conservation purposes on
22agricultural lands, whether or not done under public
23supervision or paid for wholly or in part out of public funds,
24done directly by an owner or person who has legal control of
25those lands.
26    "Construction" means all work on public works involving

 

 

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1laborers, workers or mechanics. This includes any maintenance,
2repair, assembly, or disassembly work performed on equipment
3whether owned, leased, or rented.
4    "Locality" means the county where the physical work upon
5public works is performed, except (1) that if there is not
6available in the county a sufficient number of competent
7skilled laborers, workers and mechanics to construct the
8public works efficiently and properly, "locality" includes any
9other county nearest the one in which the work or construction
10is to be performed and from which such persons may be obtained
11in sufficient numbers to perform the work and (2) that, with
12respect to contracts for highway work with the Department of
13Transportation of this State, "locality" may at the discretion
14of the Secretary of the Department of Transportation be
15construed to include two or more adjacent counties from which
16workers may be accessible for work on such construction.
17    "Public body" means the State or any officer, board or
18commission of the State or any political subdivision or
19department thereof, or any institution supported in whole or
20in part by public funds, and includes every county, city,
21town, village, township, school district, irrigation, utility,
22reclamation improvement or other district and every other
23political subdivision, district or municipality of the state
24whether such political subdivision, municipality or district
25operates under a special charter or not.
26    "Labor organization" means an organization that is the

 

 

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1exclusive representative of an employer's employees recognized
2or 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
5wages" when used in this Act mean the hourly cash wages plus
6annualized fringe benefits for training and apprenticeship
7programs approved by the U.S. Department of Labor, Bureau of
8Apprenticeship and Training, health and welfare, insurance,
9vacations and pensions paid generally, in the locality in
10which the work is being performed, to employees engaged in
11work of a similar character on public works.
12(Source: P.A. 100-1177, eff. 6-1-19.)
 
13    Section 9995. No acceleration or delay. Where this Act
14makes changes in a statute that is represented in this Act by
15text that is not yet or no longer in effect (for example, a
16Section represented by multiple versions), the use of that
17text does not accelerate or delay the taking effect of (i) the
18changes made by this Act or (ii) provisions derived from any
19other Public Act.
 
20    Section 9997. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 
22    Section 9999. Effective date. This Act takes effect upon
23becoming law.

 

 

HB2785- 126 -LRB102 13785 CPF 19135 b

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 1105/1from Ch. 96 1/2, par. 7401
17    20 ILCS 1105/3from Ch. 96 1/2, par. 7403
18    20 ILCS 1115/4from 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 5/10-20.19cfrom Ch. 122, par. 10-20.19c

 

 

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1    105 ILCS 5/34-18.15from Ch. 122, par. 34-18.15
2    415 ILCS 5/22.15from Ch. 111 1/2, par. 1022.15
3    415 ILCS 5/22.16bfrom Ch. 111 1/2, par. 1022.16b
4    415 ILCS 5/55.3from Ch. 111 1/2, par. 1055.3
5    415 ILCS 5/55.7from Ch. 111 1/2, par. 1055.7
6    415 ILCS 5/58.14a
7    415 ILCS 5/58.15
8    415 ILCS 15/7from Ch. 85, par. 5957
9    415 ILCS 20/2.1from Ch. 111 1/2, par. 7052.1
10    415 ILCS 20/3from Ch. 111 1/2, par. 7053
11    415 ILCS 20/3.1from Ch. 111 1/2, par. 7053.1
12    415 ILCS 20/6from Ch. 111 1/2, par. 7056
13    415 ILCS 20/6afrom Ch. 111 1/2, par. 7056a
14    415 ILCS 20/7from Ch. 111 1/2, par. 7057
15    415 ILCS 110/2002.03 new
16    415 ILCS 110/2004from Ch. 96 1/2, par. 9754
17    415 ILCS 110/2005from Ch. 96 1/2, par. 9755
18    415 ILCS 110/2007from Ch. 96 1/2, par. 9757
19    415 ILCS 110/2008from Ch. 96 1/2, par. 9758
20    415 ILCS 110/2010from Ch. 96 1/2, par. 9760
21    415 ILCS 110/2011from Ch. 96 1/2, par. 9761
22    415 ILCS 110/2012from Ch. 96 1/2, par. 9762
23    415 ILCS 110/2013from 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 130/2from Ch. 48, par. 39s-2