Rep. Ann M. Williams

Filed: 3/31/2021

 

 


 

 


 
10200HB2785ham002LRB102 13785 CPF 24339 a

1
AMENDMENT TO HOUSE BILL 2785

2    AMENDMENT NO. ______. Amend House Bill 2785 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1responsibilities, and functions of the Office of Energy and
2Recycling under the Department of Commerce and Economic
3Opportunity that are referenced in this Act are transferred to
4the Environmental Protection Agency as provided in this Act.
5All of the general powers reasonably necessary and convenient
6to implement and administer those functions of the Office of
7Energy and Recycling transferred by this Act are vested in and
8shall be exercised by the Environmental Protection Agency.
 
9    Section 15. Functions not transferred. The functions
10associated with the Office of Energy and Recycling that are
11transferred to the Environmental Protection Agency under
12Section 10 do not include any one or more of the following:
13        (1) electric energy efficiency programs administered
14    by the Department of Commerce and Economic Opportunity
15    under Section 8-103 of the Public Utilities Act;
16        (2) natural gas efficiency programs administered by
17    the Department of Commerce and Economic Opportunity under
18    Section 8-104 of the Public Utilities Act; or
19        (3) any functions of the Office of Energy and
20    Recycling not transferred to the Environmental Protection
21    Agency by this Act.
 
22    Section 20. Representation on boards or other entities.
23With respect to the Department of Commerce and Economic
24Opportunity, the transfers under this Act shall not affect:

 

 

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1        (1) the composition of any multi-member board,
2    commission, or authority, unless otherwise provided in
3    this Act;
4        (2) the manner in which any official is appointed,
5    except that when any provision of an Executive Order or
6    Act provides for the membership of the Department of
7    Commerce and Economic Opportunity on any council,
8    commission, board, or other entity in relation to any
9    function of the Office of Energy and Recycling transferred
10    to the Environmental Protection Agency under this Act, the
11    Director of the Environmental Protection Agency or his or
12    her designee shall serve in that place; if more than one
13    such person is required by law to serve on any council,
14    commission, board, or other entity, then an equivalent
15    number of representatives of the Environmental Protection
16    Agency shall so serve;
17        (3) whether the nomination or appointment of any
18    official is subject to the advice and consent of the
19    Senate;
20        (4) any eligibility or qualification requirements
21    pertaining to service as an official; or
22        (5) the service or term of any incumbent official
23    serving as of the effective date of this Act.
 
24    Section 25. Personnel transferred. Personnel and positions
25within the Department of Commerce and Economic Opportunity

 

 

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1that are engaged in the performance of functions of the Office
2of Energy and Recycling transferred to the Environmental
3Protection Agency under this Act are transferred to and shall
4continue their service within the Environmental Protection
5Agency. The status and rights of those employees under the
6Personnel Code shall not be affected by this Act. The rights of
7the employees and the State of Illinois and its agencies under
8the Personnel Code and applicable collective bargaining
9agreements or under any pension, retirement, or annuity plan
10shall not be affected by this Act.
 
11    Section 30. Books and records transferred. All books,
12records, papers, documents, property (real and personal),
13contracts, causes of action, and pending business, pertaining
14to the powers, duties, rights, and responsibilities
15transferred to the Environmental Protection Agency under this
16Act, including, but not limited to, material in electronic or
17magnetic format and necessary computer hardware and software,
18shall be transferred to the Environmental Protection Agency.
 
19    Section 35. Successor agency; unexpended moneys
20transferred. With respect to the functions of the Office of
21Energy and Recycling transferred under this Act, the
22Environmental Protection Agency is the successor agency to the
23Department of Commerce and Economic Opportunity under the
24Successor Agency Act and Section 9b of the State Finance Act.

 

 

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1All unexpended appropriations and balances and other funds
2available for use by the Office of Energy and Recycling shall,
3pursuant to the direction of the Governor, be transferred for
4use by the Environmental Protection Agency in accordance with
5this Act. Unexpended balances so transferred shall be expended
6by the Environmental Protection Agency only for the purpose
7for which the appropriations were originally made.
 
8    Section 40. Reports, notices, or papers. Whenever reports
9or notices are required to be made or given or papers or
10documents furnished or served by any person to or upon the
11Department of Commerce and Economic Opportunity in connection
12with any of the powers, duties, rights, or responsibilities
13transferred by this Act to the Environmental Protection
14Agency, the same shall instead be made, given, furnished, or
15served in the same manner to or upon the Environmental
16Protection Agency.
 
17    Section 45. Rules.
18    (a) Any rules that (1) relate to the functions of the
19Office of Energy and Recycling transferred to the
20Environmental Protection Agency by this Act, (2) are in full
21force on the effective date of this Act, and (3) have been duly
22adopted by the Department of Commerce and Economic Opportunity
23shall become the rules of the Environmental Protection Agency.
24This Act does not affect the legality of any such rules in the

 

 

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1Illinois Administrative Code.
2    (b) Any proposed rule filed with the Secretary of State by
3the Department of Commerce and Economic Opportunity that
4pertains to the functions of the Office of Energy and
5Recycling transferred to the Environmental Protection Agency
6by this Act, and that is pending in the rulemaking process on
7the effective date of this Act shall be deemed to have been
8filed by the Environmental Protection Agency.
9    (c) On and after the effective date of this Act, the
10Environmental Protection Agency may propose and adopt, under
11the Illinois Administrative Procedure Act, other rules that
12relate to the functions of the Office of Energy and Recycling
13transferred to the Environmental Protection Agency by this
14Act.
 
15    Section 50. Rights, obligations, and duties unaffected by
16transfer. The transfer of powers, duties, rights, and
17responsibilities to the Environmental Protection Agency under
18this Act does not affect any person's rights, obligations, or
19duties, including any civil or criminal penalties applicable
20thereto, arising out of those transferred powers, duties,
21rights, and responsibilities.
 
22    Section 55. Acts and actions unaffected by transfer.
23    (a) This Act does not affect any act done, ratified, or
24canceled, or any right accruing or established, before the

 

 

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1effective date of Executive Order 3 (2017) in connection with
2any function of the Office of Energy and Recycling transferred
3under this Act.
4    This Act does not affect any action or proceeding had or
5commenced before the effective date of Executive Order 3
6(2017) in an administrative, civil, or criminal cause
7regarding a function of the Office of Energy and Recycling
8transferred from the Department of Commerce and Economic
9Opportunity, but any such action or proceeding may be
10defended, prosecuted, or continued by the Environmental
11Protection Agency.
 
12    Section 60. Exercise of transferred powers; savings
13provisions. The powers, duties, rights, and responsibilities
14related to the functions of the Office of Energy and Recycling
15transferred under this Act are vested in and shall be
16exercised by the Environmental Protection Agency. Each act
17done in the exercise of those powers, duties, rights, and
18responsibilities shall have the same legal effect as if done
19by the Department of Commerce and Economic Opportunity or its
20divisions, officers, or employees.
 
21    Section 900. The Electric Vehicle Act is amended by
22changing Section 15 as follows:
 
23    (20 ILCS 627/15)

 

 

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1    Sec. 15. Electric Vehicle Coordinator. The Governor shall
2appoint a person within the Environmental Protection Agency
3Department of Commerce and Economic Opportunity to serve as
4the Electric Vehicle Coordinator for the State of Illinois.
5This person may be an existing employee with other duties. The
6Coordinator shall act as a point person for electric vehicle
7related policies and activities in Illinois.
8(Source: P.A. 97-89, eff. 7-11-11.)
 
9    Section 910. The Renewable Energy, Energy Efficiency, and
10Coal Resources Development Law of 1997 is amended by changing
11Sections 6-3, 6-4, 6-5, 6-5.5, 6-6, and 6-7 as follows:
 
12    (20 ILCS 687/6-3)
13    (Section scheduled to be repealed on December 31, 2021)
14    Sec. 6-3. Renewable energy resources program.
15    (a) The Environmental Protection Agency Department of
16Commerce and Economic Opportunity, to be called the "Agency"
17"Department" hereinafter in this Law, shall administer the
18Renewable Energy Resources Program to provide grants, loans,
19and other incentives to foster investment in and the
20development and use of renewable energy resources.
21    (b) The Agency may, by administrative rule, Department
22shall establish and adjust eligibility criteria for grants,
23loans, and other incentives to foster investment in and the
24development and use of renewable energy resources. These

 

 

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1criteria shall be reviewed annually and adjusted as necessary.
2The criteria should promote the goal of fostering investment
3in and the development and use, in Illinois, of renewable
4energy resources.
5    (c) The Agency may Department shall accept applications
6for grants, loans, and other incentives to foster investment
7in and the development and use of renewable energy resources.
8    (d) To the extent that funds are available and
9appropriated, the Agency Department shall provide grants,
10loans, and other incentives to applicants that meet the
11criteria specified by the Agency Department.
12    (e) (Blank). The Department shall conduct an annual study
13on the use and availability of renewable energy resources in
14Illinois. Each year, the Department shall submit a report on
15the study to the General Assembly. This report shall include
16suggestions for legislation which will encourage the
17development and use of renewable energy resources.
18    (f) As used in this Law, "renewable energy resources"
19includes energy from wind, solar thermal energy, photovoltaic
20cells and panels, dedicated crops grown for energy production
21and organic waste biomass, hydropower that does not involve
22new construction or significant expansion of hydropower dams,
23and other such alternative sources of environmentally
24preferable energy. "Renewable energy resources" does not
25include, however, energy from the incineration or burning of
26waste wood, tires, garbage, general household, institutional

 

 

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1and commercial waste, industrial lunchroom or office waste,
2landscape waste, or construction or demolition debris.
3    (g) There is created the Energy Efficiency Investment Fund
4as a special fund in the State Treasury, to be administered by
5the Agency Department to support the development of
6technologies for wind, biomass, and solar power in Illinois.
7The Agency Department may accept private and public funds,
8including federal funds, for deposit into the Fund.
9(Source: P.A. 94-793, eff. 5-19-06; 95-913, eff. 1-1-09.)
 
10    (20 ILCS 687/6-4)
11    (Section scheduled to be repealed on December 31, 2021)
12    Sec. 6-4. Renewable Energy Resources Trust Fund.
13    (a) A fund to be called the Renewable Energy Resources
14Trust Fund is hereby established in the State Treasury.
15    (b) The Renewable Energy Resources Trust Fund shall be
16administered by the Agency Department to provide grants,
17loans, and other incentives to foster investment in and the
18development and use of renewable energy resources as provided
19in Section 6-3 of this Law or pursuant to the Illinois
20Renewable Fuels Development Program Act.
21    (c) All funds used by the Agency Department for the
22Renewable Energy Resources Program shall be subject to
23appropriation by the General Assembly.
24(Source: P.A. 94-839, eff. 6-6-06.)
 

 

 

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1    (20 ILCS 687/6-5)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 6-5. Renewable Energy Resources and Coal Technology
4Development Assistance Charge.
5    (a) Notwithstanding the provisions of Section 16-111 of
6the Public Utilities Act but subject to subsection (e) of this
7Section, each public utility, electric cooperative, as defined
8in Section 3.4 of the Electric Supplier Act, and municipal
9utility, as referenced in Section 3-105 of the Public
10Utilities Act, that is engaged in the delivery of electricity
11or the distribution of natural gas within the State of
12Illinois shall, effective January 1, 1998, assess each of its
13customer accounts a monthly Renewable Energy Resources and
14Coal Technology Development Assistance Charge. The delivering
15public utility, municipal electric or gas utility, or electric
16or gas cooperative for a self-assessing purchaser remains
17subject to the collection of the fee imposed by this Section.
18The monthly charge shall be as follows:
19        (1) $0.05 per month on each account for residential
20    electric service as defined in Section 13 of the Energy
21    Assistance Act;
22        (2) $0.05 per month on each account for residential
23    gas service as defined in Section 13 of the Energy
24    Assistance Act;
25        (3) $0.50 per month on each account for nonresidential
26    electric service, as defined in Section 13 of the Energy

 

 

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1    Assistance Act, which had less than 10 megawatts of peak
2    demand during the previous calendar year;
3        (4) $0.50 per month on each account for nonresidential
4    gas service, as defined in Section 13 of the Energy
5    Assistance Act, which had distributed to it less than
6    4,000,000 therms of gas during the previous calendar year;
7        (5) $37.50 per month on each account for
8    nonresidential electric service, as defined in Section 13
9    of the Energy Assistance Act, which had 10 megawatts or
10    greater of peak demand during the previous calendar year;
11    and
12        (6) $37.50 per month on each account for
13    nonresidential gas service, as defined in Section 13 of
14    the Energy Assistance Act, which had 4,000,000 or more
15    therms of gas distributed to it during the previous
16    calendar year.
17    (b) The Renewable Energy Resources and Coal Technology
18Development Assistance Charge assessed by electric and gas
19public utilities shall be considered a charge for public
20utility service.
21    (c) Fifty percent of the moneys collected pursuant to this
22Section shall be deposited in the Renewable Energy Resources
23Trust Fund by the Department of Revenue. From those funds,
24$2,000,000 may be used annually by the Environmental
25Protection Agency Department to provide grants to the Illinois
26Green Economy Network for the purposes of funding education

 

 

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1and training for renewable energy and energy efficiency
2technology and for the operation and services of the Illinois
3Green Economy Network. The remaining 50 percent of the moneys
4collected pursuant to this Section shall be deposited in the
5Coal Technology Development Assistance Fund by the Department
6of Revenue for the exclusive purposes of (1) capturing or
7sequestering carbon emissions produced by coal combustion; (2)
8supporting research on the capture and sequestration of carbon
9emissions produced by coal combustion; and (3) improving coal
10miner safety.
11    (d) By the 20th day of the month following the month in
12which the charges imposed by this Section were collected, each
13utility and alternative retail electric supplier collecting
14charges pursuant to this Section shall remit to the Department
15of Revenue for deposit in the Renewable Energy Resources Trust
16Fund and the Coal Technology Development Assistance Fund all
17moneys received as payment of the charge provided for in this
18Section on a return prescribed and furnished by the Department
19of Revenue showing such information as the Department of
20Revenue may reasonably require.
21    If any payment provided for in this Section exceeds the
22utility or alternate retail electric supplier's liabilities
23under this Act, as shown on an original return, the utility or
24alternative retail electric supplier may credit the excess
25payment against liability subsequently to be remitted to the
26Department of Revenue under this Act.

 

 

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1    (e) The charges imposed by this Section shall only apply
2to customers of municipal electric or gas utilities and
3electric or gas cooperatives if the municipal electric or gas
4utility or electric or gas cooperative makes an affirmative
5decision to impose the charge. If a municipal electric or gas
6utility or an electric or gas cooperative makes an affirmative
7decision to impose the charge provided by this Section, the
8municipal electric or gas utility or electric or gas
9cooperative shall inform the Department of Revenue in writing
10of such decision when it begins to impose the charge. If a
11municipal electric or gas utility or electric or gas
12cooperative does not assess this charge, its customers shall
13not be eligible for the Renewable Energy Resources Program.
14    (f) The Department of Revenue may establish such rules as
15it deems necessary to implement this Section.
16(Source: P.A. 100-402, eff. 8-25-17; 100-1171, eff. 1-4-19.)
 
17    (20 ILCS 687/6-5.5)
18    (Section scheduled to be repealed on December 31, 2021)
19    Sec. 6-5.5. Renewable energy grants.
20    (a) Subject to appropriation, the Agency may Department
21shall establish and operate a renewable energy grant program
22to assist public schools and community colleges with
23engineering studies and feasibility studies and in training
24green economy technology and in the installation, acquisition,
25construction, and improvement of renewable energy resources,

 

 

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1including without limitation smart grid technology, solar
2energy (such as solar panels), geothermal energy, and wind
3energy.
4    (b) Application for a grant under this Section must be in
5the form and manner established by the Department. The schools
6and community colleges may accept private funds for their
7portion of the cost.
8    (c) The Agency Department may adopt any rules that are
9necessary to carry out its responsibilities under this
10Section.
11(Source: P.A. 96-725, eff. 8-25-09; 97-72, eff. 7-1-11.)
 
12    (20 ILCS 687/6-6)
13    (Section scheduled to be repealed on December 31, 2021)
14    Sec. 6-6. Energy efficiency program.
15    (a) For the year beginning January 1, 1998, and thereafter
16as provided in this Section, each electric utility as defined
17in Section 3-105 of the Public Utilities Act and each
18alternative retail electric supplier as defined in Section
1916-102 of the Public Utilities Act supplying electric power
20and energy to retail customers located in the State of
21Illinois shall contribute annually a pro rata share of a total
22amount of $3,000,000 based upon the number of kilowatt-hours
23sold by each such entity in the 12 months preceding the year of
24contribution. On or before May 1 of each year, the Illinois
25Commerce Commission shall determine and notify the Agency

 

 

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1Department of Commerce and Economic Opportunity of the pro
2rata share owed by each electric utility and each alternative
3retail electric supplier based upon information supplied
4annually to the Illinois Commerce Commission. On or before
5June 1 of each year, the Agency Department of Commerce and
6Economic Opportunity shall send written notification to each
7electric utility and each alternative retail electric supplier
8of the amount of pro rata share they owe. These contributions
9shall be remitted to the Department of Revenue on or before
10June 30 of each year the contribution is due on a return
11prescribed and furnished by the Department of Revenue showing
12such information as the Department of Revenue may reasonably
13require. The funds received pursuant to this Section shall be
14subject to the appropriation of funds by the General Assembly.
15The Department of Revenue shall place the funds remitted under
16this Section in a trust fund, that is hereby created in the
17State Treasury, called the Energy Efficiency Trust Fund. If an
18electric utility or alternative retail electric supplier does
19not remit its pro rata share to the Department of Revenue, the
20Department of Revenue must inform the Illinois Commerce
21Commission of such failure. The Illinois Commerce Commission
22may then revoke the certification of that electric utility or
23alternative retail electric supplier. The Illinois Commerce
24Commission may not renew the certification of any electric
25utility or alternative retail electric supplier that is
26delinquent in paying its pro rata share.

 

 

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1    (b) The Agency Department of Commerce and Economic
2Opportunity shall disburse the moneys in the Energy Efficiency
3Trust Fund to benefit residential electric customers through
4projects which the Agency Department of Commerce and Economic
5Opportunity has determined will promote energy efficiency in
6the State of Illinois. The Department of Commerce and Economic
7Opportunity shall establish a list of projects eligible for
8grants from the Energy Efficiency Trust Fund including, but
9not limited to, supporting energy efficiency efforts for
10low-income households, replacing energy inefficient windows
11with more efficient windows, replacing energy inefficient
12appliances with more efficient appliances, replacing energy
13inefficient lighting with more efficient lighting, insulating
14dwellings and buildings, using market incentives to encourage
15energy efficiency, and such other projects which will increase
16energy efficiency in homes and rental properties.
17    (c) The Agency may, by administrative rule, Department of
18Commerce and Economic Opportunity shall establish criteria and
19an application process for this grant program.
20    (d) (Blank). The Department of Commerce and Economic
21Opportunity shall conduct a study of other possible energy
22efficiency improvements and evaluate methods for promoting
23energy efficiency and conservation, especially for the benefit
24of low-income customers.
25    (e) (Blank). The Department of Commerce and Economic
26Opportunity shall submit an annual report to the General

 

 

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1Assembly evaluating the effectiveness of the projects and
2programs provided in this Section, and recommending further
3legislation which will encourage additional development and
4implementation of energy efficiency projects and programs in
5Illinois and other actions that help to meet the goals of this
6Section.
7(Source: P.A. 94-793, eff. 5-19-06.)
 
8    (20 ILCS 687/6-7)
9    (Section scheduled to be repealed on December 31, 2021)
10    Sec. 6-7. Repeal. The provisions of this Law are repealed
11on December 31, 2025 2021.
12(Source: P.A. 101-639, eff. 6-12-20.)
 
13    Section 915. The Illinois Renewable Fuels Development
14Program Act is amended by changing Sections 5, 10, 15, 25, and
1530 as follows:
 
16    (20 ILCS 689/5)
17    Sec. 5. Findings and State policy. The General Assembly
18recognizes that agriculture is a vital sector of the Illinois
19economy and that an important growth industry for the Illinois
20agricultural sector is renewable fuels production. Renewable
21fuels produced from Illinois agricultural products hold great
22potential for growing the State's economy, reducing our
23dependence on foreign oil supplies, and improving the

 

 

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1environment by reducing harmful emissions from vehicles.
2Illinois is the nation's leading producer of ethanol, a clean,
3renewable fuel with significant environmental benefits. The
4General Assembly finds that reliable supplies of renewable
5fuels will be integral to the long term energy security of the
6United States. The General Assembly declares that it is the
7public policy of the State of Illinois to promote and
8encourage the production and use of renewable fuels as a means
9not only to improve air quality in the State and the nation,
10but also to grow the agricultural sector of the Illinois
11economy. To achieve these public policy objectives, the
12General Assembly hereby authorizes the creation and
13implementation of the Illinois Renewable Fuels Development
14Program within the Agency Department.
15(Source: P.A. 93-15, eff. 6-11-03.)
 
16    (20 ILCS 689/10)
17    Sec. 10. Definitions. As used in this Act:
18    "Agency" means the Environmental Protection Agency.
19    "Biodiesel" means a renewable diesel fuel derived from
20biomass that is intended for use in diesel engines.
21    "Biodiesel blend" means a blend of biodiesel with
22petroleum-based diesel fuel in which the resultant product
23contains no less than 1% and no more than 99% biodiesel.
24    "Biomass" means non-fossil organic materials that have an
25intrinsic chemical energy content. "Biomass" includes, but is

 

 

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1not limited to, soybean oil, other vegetable oils, and
2ethanol.
3    "Department" means the Department of Commerce and Economic
4Opportunity.
5    "Diesel fuel" means any product intended for use or
6offered for sale as a fuel for engines in which the fuel is
7injected into the combustion chamber and ignited by pressure
8without electric spark.
9    "Director" means the Director of the Agency Commerce and
10Economic Opportunity.
11    "Ethanol" means a product produced from agricultural
12commodities or by-products used as a fuel or to be blended with
13other fuels for use in motor vehicles.
14    "Fuel" means fuel as defined in Section 1.19 of the Motor
15Fuel Tax Law.
16    "Gasohol" means motor fuel that is no more than 90%
17gasoline and at least 10% denatured ethanol that contains no
18more than 1.25% water by weight.
19    "Gasoline" means all products commonly or commercially
20known or sold as gasoline (including casing head and
21absorption or natural gasoline).
22    "Illinois agricultural product" means any agricultural
23commodity grown in Illinois that is used by a production
24facility to produce renewable fuel in Illinois, including, but
25not limited to, corn, barley, and soy beans.
26    "Labor Organization" means any organization defined as a

 

 

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1"labor organization" under Section 2 of the National Labor
2Relations Act (29 U.S.C. 152).
3    "Majority blended ethanol fuel" means motor fuel that
4contains no less than 70% and no more than 90% denatured
5ethanol and no less than 10% and no more than 30% gasoline.
6    "Motor vehicles" means motor vehicles as defined in the
7Illinois Vehicle Code and watercraft propelled by an internal
8combustion engine.
9    "Owner" means any individual, sole proprietorship, limited
10partnership, co-partnership, joint venture, corporation,
11cooperative, or other legal entity, including its agents, that
12operates or will operate a plant located within the State of
13Illinois.
14    "Plant" means a production facility that produces a
15renewable fuel. "Plant" includes land, any building or other
16improvement on or to land, and any personal properties deemed
17necessary or suitable for use, whether or not now in
18existence, in the processing of fuel from agricultural
19commodities or by-products.
20    "Renewable fuel" means ethanol, gasohol, majority blended
21ethanol fuel, biodiesel blend fuel, and biodiesel.
22(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03;
2394-793, eff. 5-19-06.)
 
24    (20 ILCS 689/15)
25    Sec. 15. Illinois Renewable Fuels Development Program.

 

 

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1    (a) The Agency may Department must develop and administer
2the Illinois Renewable Fuels Development Program to assist in
3the construction, modification, alteration, or retrofitting of
4renewable fuel plants in Illinois. The recipient of a grant
5under this Section must:
6        (1) be constructing, modifying, altering, or
7    retrofitting a plant in the State of Illinois;
8        (2) be constructing, modifying, altering, or
9    retrofitting a plant that has annual production capacity
10    of no less than 5,000,000 gallons of renewable fuel per
11    year; and
12        (3) enter into a project labor agreement as prescribed
13    by Section 25 of this Act.
14    (b) Grant applications must be made on forms provided by
15and in accordance with procedures established by the Agency
16Department.
17    (c) The Agency Department must give preference to
18applicants that use Illinois agricultural products in the
19production of renewable fuel at the plant for which the grant
20is being requested.
21(Source: P.A. 96-140, eff. 1-1-10.)
 
22    (20 ILCS 689/25)
23    Sec. 25. Project labor agreements.
24    (a) The project labor agreement must include the
25following:

 

 

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1        (1) provisions establishing the minimum hourly wage
2    for each class of labor organization employee;
3        (2) provisions establishing the benefits and other
4    compensation for each class of labor organization
5    employee; and
6        (3) provisions establishing that no strike or disputes
7    will be engaged in by the labor organization employees.
8The owner of the plant and the labor organizations shall have
9the authority to include other terms and conditions as they
10deem necessary.
11    (b) The project labor agreement shall be filed with the
12Director in accordance with procedures established by the
13Agency Department. At a minimum, the project labor agreement
14must provide the names, addresses, and occupations of the
15owner of the plant and the individuals representing the labor
16organization employees participating in the project labor
17agreement. The agreement must also specify the terms and
18conditions required in subsection (a).
19(Source: P.A. 93-15, eff. 6-11-03.)
 
20    (20 ILCS 689/30)
21    Sec. 30. Administration of the Act; rules. The Agency may
22Department shall administer this Act and shall adopt any rules
23necessary for that purpose.
24(Source: P.A. 93-15, eff. 6-11-03.)
 

 

 

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1    Section 920. The Energy Conservation and Coal Development
2Act is amended by changing Sections 1 and 3 as follows:
 
3    (20 ILCS 1105/1)  (from Ch. 96 1/2, par. 7401)
4    Sec. 1. Definitions; transfer of duties.
5    (a) For the purposes of this Act, unless the context
6otherwise requires:
7        "Department" means the Department of Commerce and
8    Economic Opportunity.
9        "Director" means the Director of Commerce and Economic
10    Opportunity.
11    (b) As provided in Section 80-20 of the Department of
12Natural Resources Act, the Department of Commerce and
13Community Affairs (now Department of Commerce and Economic
14Opportunity) shall assume the rights, powers, and duties of
15the former Department of Energy and Natural Resources under
16this Act, except as those rights, powers, and duties are
17otherwise allocated or transferred by this amendatory Act of
18the 102nd General Assembly or any other law.
19(Source: P.A. 94-793, eff. 5-19-06.)
 
20    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
21    Sec. 3. Powers and duties.
22    (a) In addition to its other powers, the Environmental
23Protection Agency Department has the following powers:
24        (1) To administer for the State any energy programs

 

 

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1    and activities under federal law, regulations or
2    guidelines, and to coordinate such programs and activities
3    with other State agencies, units of local government, and
4    educational institutions.
5        (2) To represent the State in energy matters involving
6    the federal government, other states, units of local
7    government, and regional agencies.
8        (3) To prepare energy assurance contingency plans for
9    consideration by the Governor and the General Assembly.
10    Such plans may shall include procedures for determining
11    when a foreseeable danger exists of energy shortages,
12    including shortages of petroleum, coal, nuclear power,
13    natural gas, and other forms of energy, and may shall
14    specify the actions to be taken to minimize hardship and
15    maintain the general welfare during such energy shortages.
16        (4) To cooperate with State colleges and universities
17    and their governing boards in energy programs and
18    activities.
19        (5) (Blank).
20        (6) To accept, receive, expend, and administer,
21    including by contracts and grants to other State agencies,
22    any energy-related gifts, grants, cooperative agreement
23    funds, and other funds made available to the Agency
24    Department by the federal government and other public and
25    private sources, as well as any of those funds made
26    available to the Department before the effective date of

 

 

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1    this amendatory Act of the 102nd General Assembly.
2        (7) To assist the Department of Central Management
3    Services in establishing and maintaining a system to
4    analyze and report energy consumption of facilities leased
5    by the Department of Central Management Services.
6    (a-5) In addition to its other powers, the Department has
7the following powers:
8        (1) (7) To investigate practical problems, seek and
9    utilize financial assistance, implement studies and
10    conduct research relating to the production, distribution
11    and use of alcohol fuels.
12        (2) (8) To serve as a clearinghouse for information on
13    alcohol production technology; provide assistance,
14    information and data relating to the production and use of
15    alcohol; develop informational packets and brochures, and
16    hold public seminars to encourage the development and
17    utilization of the best available technology.
18        (3) (9) To coordinate with other State agencies in
19    order to promote the maximum flow of information and to
20    avoid unnecessary overlapping of alcohol fuel programs. In
21    order to effectuate this goal, the Director of the
22    Department or his representative shall consult with the
23    Directors, or their representatives, of the Departments of
24    Agriculture, Central Management Services, Transportation,
25    and Revenue, the Office of the State Fire Marshal, and the
26    Environmental Protection Agency.

 

 

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1        (4) (10) To operate, within the Department, an Office
2    of Coal Development and Marketing for the promotion and
3    marketing of Illinois coal both domestically and
4    internationally. The Department may use monies
5    appropriated for this purpose for necessary administrative
6    expenses.
7        The Office of Coal Development and Marketing shall
8    develop and implement an initiative to assist the coal
9    industry in Illinois to increase its share of the
10    international coal market.
11        (5) (11) To assist the Department of Central
12    Management Services in establishing and maintaining a
13    system to analyze and report energy consumption of
14    facilities leased by the Department of Central Management
15    Services.
16        (6) (12) To consult with the Department Departments of
17    Natural Resources and Transportation and the Illinois
18    Environmental Protection Agency for the purpose of
19    developing methods and standards that encourage the
20    utilization of coal combustion by-products as value added
21    products in productive and benign applications.
22        (7) (13) To provide technical assistance and
23    information to sellers and distributors of storage hot
24    water heaters doing business in Illinois, pursuant to
25    Section 1 of the Hot Water Heater Efficiency Act.
26    (b) (Blank).

 

 

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1    (c) (Blank).
2    (d) The Agency Department shall develop a package of
3educational materials containing information regarding the
4necessity of waste reduction and recycling to reduce
5dependence on landfills and to maintain environmental quality.
6The Agency Department shall make this information available to
7the public on its website and for schools to access for their
8development of materials. Those materials shall be suitable
9for instructional use in grades 3, 4 and 5.
10    (e) (Blank).
11    (f) (Blank).
12    (g) (Blank).
13    (h) (Blank).
14    (i) (Blank).
15(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
 
16    Section 925. The Energy Conservation Act is amended by
17changing Section 4 as follows:
 
18    (20 ILCS 1115/4)  (from Ch. 96 1/2, par. 7604)
19    Sec. 4. Technical Assistance Programs.
20    (a) The Environmental Protection Agency may Department of
21Commerce and Economic Opportunity shall provide to a unit of
22local government, upon request by the unit, technical
23assistance in the development of energy efficiency standards,
24including, but not limited to, thermal efficiency standards

 

 

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1and lighting efficiency standards to units of local
2government, upon request by such unit.
3    (b) (Blank). The Department shall provide technical
4assistance in the development of a program for energy
5efficiency in procurement to units of local government, upon
6request by such unit.
7    (c) The Technical Assistance Programs provided in this
8Section shall be supported by funds provided to the State
9pursuant to the federal "Energy Policy and Conservation Act of
101975" or other federal acts that provide funds for energy
11conservation efforts through the use of building codes.
12(Source: P.A. 94-793, eff. 5-19-06.)
 
13    (20 ILCS 1115/5 rep.)
14    Section 930. The Energy Conservation Act is amended by
15repealing Section 5.
 
16    Section 935. The Energy Efficient Building Act is amended
17by changing Sections 10, 15, 25, and 30 as follows:
 
18    (20 ILCS 3125/10)
19    Sec. 10. Definitions.
20    "Agency" means the Environmental Protection Agency.
21    "Board" means the Capital Development Board.
22    "Building" includes both residential buildings and
23commercial buildings.

 

 

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1    "Code" means the latest published edition of the
2International Code Council's International Energy Conservation
3Code as adopted by the Board, including any published
4supplements adopted by the Board and any amendments and
5adaptations to the Code that are made by the Board.
6    "Commercial building" means any building except a building
7that is a residential building, as defined in this Section.
8    "Department" means the Department of Commerce and Economic
9Opportunity.
10    "Municipality" means any city, village, or incorporated
11town.
12    "Residential building" means (i) a detached one-family or
132-family dwelling or (ii) any building that is 3 stories or
14less in height above grade that contains multiple dwelling
15units, in which the occupants reside on a primarily permanent
16basis, such as a townhouse, a row house, an apartment house, a
17convent, a monastery, a rectory, a fraternity or sorority
18house, a dormitory, and a rooming house; provided, however,
19that when applied to a building located within the boundaries
20of a municipality having a population of 1,000,000 or more,
21the term "residential building" means a building containing
22one or more dwelling units, not exceeding 4 stories above
23grade, where occupants are primarily permanent.
24(Source: P.A. 101-144, eff. 7-26-19.)
 
25    (20 ILCS 3125/15)

 

 

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1    Sec. 15. Energy Efficient Building Code. The Board, in
2consultation with the Agency Department, shall adopt the Code
3as minimum requirements for commercial buildings, applying to
4the construction of, renovations to, and additions to all
5commercial buildings in the State. The Board, in consultation
6with the Agency Department, shall also adopt the Code as the
7minimum and maximum requirements for residential buildings,
8applying to the construction of all residential buildings in
9the State, except as provided for in Section 45 of this Act.
10The Board may appropriately adapt the International Energy
11Conservation Code to apply to the particular economy,
12population distribution, geography, and climate of the State
13and construction therein, consistent with the public policy
14objectives of this Act.
15(Source: P.A. 96-778, eff. 8-28-09.)
 
16    (20 ILCS 3125/25)
17    Sec. 25. Technical assistance.
18    (a) The Agency Department shall make available to
19builders, designers, engineers, and architects implementation
20materials and training to explain the requirements of the Code
21and describe methods of compliance acceptable to Code
22Enforcement Officials.
23    (b) The materials shall include software tools, simplified
24prescriptive options, and other materials as appropriate. The
25simplified materials shall be designed for projects in which a

 

 

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1design professional may not be involved.
2    (c) The Agency Department shall provide local
3jurisdictions with technical assistance concerning
4implementation and enforcement of the Code.
5(Source: P.A. 97-1033, eff. 8-17-12.)
 
6    (20 ILCS 3125/30)
7    Sec. 30. Enforcement. The Board, in consultation with the
8Agency Department, shall determine procedures for compliance
9with the Code. These procedures may include but need not be
10limited to certification by a national, State, or local
11accredited energy conservation program or inspections from
12private Code-certified inspectors using the Code.
13(Source: P.A. 93-936, eff. 8-13-04.)
 
14    Section 940. The Green Governments Illinois Act is amended
15by changing Section 20 as follows:
 
16    (20 ILCS 3954/20)
17    Sec. 20. Responsibilities of the Council. The Council is
18responsible for the development and dissemination of programs,
19plans, and policies to reduce the environmental footprint of
20State government and for improving the implementation of
21greening the government initiatives in other institutions,
22thereby reducing costs to taxpayers and improving efficiency
23in operations. The Council shall convene on a quarterly basis

 

 

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1and shall be responsible for the following:
2        (a) Establishing long-term environmental
3    sustainability goals that the State will strive to achieve
4    within a period of 3, 5, and 10 years to improve the energy
5    and environmental performance of State buildings,
6    consistent with efficiency and economic objectives. These
7    goals shall, at a minimum, include the following:
8    broad-based performance goals for energy efficiency; use
9    of renewable fuels; water conservation; green purchasing;
10    paper consumption; and solid waste generation. These goals
11    can be met through increased efficiency, operational
12    changes, and improved maintenance and use of
13    cost-effective alternative technologies, raw materials,
14    and fuels.
15        The Council shall:
16            (1) communicate the environmental sustainability
17        goals to all State agencies;
18            (2) establish an electronic system to track and
19        report on environmental progress;
20            (3) monitor improvement activities; and
21            (4) propose new goals as appropriate.
22        (b) Coordinating an awards program that recognizes
23    units of State and local government and educational
24    institutions for developing, adopting, and implementing
25    innovative or exemplary environmental sustainability plans
26    in conformance with this Act.

 

 

10200HB2785ham002- 34 -LRB102 13785 CPF 24339 a

1        (c) Creating specific guidance materials for State
2    agencies, educational institutions, and units of local
3    government on how to integrate environmental
4    sustainability into existing management systems, planning,
5    and operational practices, while still providing necessary
6    services and ensuring efficient and effective operations.
7    These guidance materials must include a list of
8    environmental and energy best practices, case studies,
9    policy language, model plans, and other resource
10    information. These materials must be made available on a
11    website devoted to the Green Governments Illinois program.
12        (d) Developing and implementing, to the extent
13    fiscally feasible, training programs designed to instill
14    the importance and value of environmental sustainability.
15        (e) Providing new ways for State government to build
16    markets for environmentally preferable products and
17    services without compromising price, competition, and
18    availability. The Council shall initially focus on
19    integrated pest management, bio-based products, recycled
20    content paper, energy efficiency, renewable energy,
21    alternative fuel vehicles, and green cleaning supplies.
22    Within existing resources, and within 60 days after the
23    effective date of this amendatory Act of the 96th General
24    Assembly, the Department of Central Management Services,
25    with the approval of the council, shall designate a single
26    point of contact for State agencies, suppliers, and other

 

 

10200HB2785ham002- 35 -LRB102 13785 CPF 24339 a

1    interested parties to contact regarding environmentally
2    preferable purchasing issues.
3        (f) Working collaboratively with State agencies, units
4    of local government, educational institutions, and the
5    legislative branches of government to promote
6    benchmarking, commissioning, and retro-commissioning to
7    make government and institutional buildings more
8    resource-efficient, energy efficient, and healthful public
9    places.
10        (g) Reviewing budgetary policy and making
11    recommendations to the Governor on incentives for State
12    agencies to undertake environmental improvements that
13    result in long-term cost-savings, productivity
14    enhancements, or other outcomes deemed appropriate to the
15    State's sustainability goals.
16        (h) Reporting annually to the Governor and the General
17    Assembly on the results of environmental sustainability
18    actions taken by State agencies, educational institutions
19    and units of local government during the prior fiscal
20    year. The report must include the environmental and
21    economic benefits of the environmental sustainability
22    actions, where feasible, the consumption of those actions,
23    and provide recommendations for future environmental
24    improvement activities during the following year. The
25    report shall be filed by September 1, 2008, and November 1
26    of each subsequent year.

 

 

10200HB2785ham002- 36 -LRB102 13785 CPF 24339 a

1        (h-5) Participating in the proposal review and
2    subgrant award processes conducted by the Environmental
3    Protection Agency Department of Commerce and Economic
4    Opportunity to distribute the portion of funds eligible
5    for State government use under the federal Energy
6    Independence and Security Act of 2007, H.R. 6, Title V,
7    Subtitle E (Energy Efficiency and Conservation Block
8    Grants). A designee of the Governor shall also participate
9    in these processes, and no subgrant may be awarded unless
10    the Governor's designee first approves that subgrant.
11        (i) The chairman of the Council shall determine
12    whether or not the I-Cycle program is operating
13    effectively and make recommendations concerning management
14    of the I-Cycle program. The chairman has the authority to
15    dissolve the I-Cycle program if the program is found to be
16    ineffective.
17(Source: P.A. 95-657, eff. 10-10-07; 96-74, eff. 7-24-09.)
 
18    Section 945. The School Code is amended by changing
19Sections 10-20.19c and 34-18.15 as follows:
 
20    (105 ILCS 5/10-20.19c)  (from Ch. 122, par. 10-20.19c)
21    Sec. 10-20.19c. Recycled paper and paper products and
22solid waste management.
23    (a) Definitions. As used in this Section, the following
24terms shall have the meanings indicated, unless the context

 

 

10200HB2785ham002- 37 -LRB102 13785 CPF 24339 a

1otherwise requires:
2    "Deinked stock" means paper that has been processed to
3remove inks, clays, coatings, binders and other contaminants.
4    "High grade printing and writing papers" includes offset
5printing paper, duplicator paper, writing paper (stationery),
6tablet paper, office paper, note pads, xerographic paper,
7envelopes, form bond including computer paper and carbonless
8forms, book papers, bond papers, ledger paper, book stock and
9cotton fiber papers.
10    "Paper and paper products" means high grade printing and
11writing papers, tissue products, newsprint, unbleached
12packaging and recycled paperboard.
13    "Postconsumer material" means only those products
14generated by a business or consumer which have served their
15intended end uses, and which have been separated or diverted
16from solid waste; wastes generated during the production of an
17end product are excluded.
18    "Recovered paper material" means paper waste generated
19after the completion of the papermaking process, such as
20postconsumer materials, envelope cuttings, bindery trimmings,
21printing waste, cutting and other converting waste, butt
22rolls, and mill wrappers, obsolete inventories, and rejected
23unused stock. "Recovered paper material", however, does not
24include fibrous waste generated during the manufacturing
25process such as fibers recovered from waste water or trimmings
26of paper machine rolls (mill broke), or fibrous byproducts of

 

 

10200HB2785ham002- 38 -LRB102 13785 CPF 24339 a

1harvesting, extraction or woodcutting processes, or forest
2residues such as bark.
3    "Recycled paperboard" includes paperboard products,
4folding cartons and pad backings.
5    "Tissue products" includes toilet tissue, paper towels,
6paper napkins, facial tissue, paper doilies, industrial
7wipers, paper bags and brown papers. These products shall also
8be unscented and shall not be colored.
9    "Unbleached packaging" includes corrugated and fiber
10storage boxes.
11    (a-5) Each school district shall periodically review its
12procurement procedures and specifications related to the
13purchase of products and supplies. Those procedures and
14specifications must be modified as necessary to require the
15school district to seek out products and supplies that contain
16recycled materials and to ensure that purchased products and
17supplies are reusable, durable, or made from recycled
18materials, if economically and practically feasible. In
19selecting products and supplies that contain recycled
20material, preference must be given to products and supplies
21that contain the highest amount of recycled material and that
22are consistent with the effective use of the product or
23supply, if economically and practically feasible.
24    (b) Wherever economically and practically feasible, as
25determined by the school board, the school board, all public
26schools and attendance centers within a school district, and

 

 

10200HB2785ham002- 39 -LRB102 13785 CPF 24339 a

1their school supply stores shall procure recycled paper and
2paper products as follows:
3        (1) Beginning July 1, 2008, at least 10% of the total
4    dollar value of paper and paper products purchased by
5    school boards, public schools and attendance centers, and
6    their school supply stores shall be recycled paper and
7    paper products.
8        (2) Beginning July 1, 2011, at least 25% of the total
9    dollar value of paper and paper products purchased by
10    school boards, public schools and attendance centers, and
11    their school supply stores shall be recycled paper and
12    paper products.
13        (3) Beginning July 1, 2014, at least 50% of the total
14    dollar value of paper and paper products purchased by
15    school boards, public schools and attendance centers, and
16    their school supply stores shall be recycled paper and
17    paper products.
18        (4) Beginning July 1, 2020, at least 75% of the total
19    dollar value of paper and paper products purchased by
20    school boards, public schools and attendance centers, and
21    their school supply stores shall be recycled paper and
22    paper products.
23        (5) Beginning upon the effective date of this
24    amendatory Act of 1992, all paper purchased by the board
25    of education, public schools and attendance centers for
26    publication of student newspapers shall be recycled

 

 

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1    newsprint. The amount purchased shall not be included in
2    calculating the amounts specified in paragraphs (1)
3    through (4).
4    (c) Paper and paper products purchased from private sector
5vendors pursuant to printing contracts are not considered
6paper and paper products for the purposes of subsection (b),
7unless purchased under contract for the printing of student
8newspapers.
9    (d)(1) Wherever economically and practically feasible, the
10recycled paper and paper products referred to in subsection
11(b) shall contain postconsumer or recovered paper materials as
12specified by paper category in this subsection:
13         (i) Recycled high grade printing and writing paper
14    shall contain at least 50% recovered paper material. Such
15    recovered paper material, until July 1, 2008, shall
16    consist of at least 20% deinked stock or postconsumer
17    material; and beginning July 1, 2008, shall consist of at
18    least 25% deinked stock or postconsumer material; and
19    beginning July 1, 2010, shall consist of at least 30%
20    deinked stock or postconsumer material; and beginning July
21    1, 2012, shall consist of at least 40% deinked stock or
22    postconsumer material; and beginning July 1, 2014, shall
23    consist of at least 50% deinked stock or postconsumer
24    material.
25         (ii) Recycled tissue products, until July 1, 1994,
26    shall contain at least 25% postconsumer material; and

 

 

10200HB2785ham002- 41 -LRB102 13785 CPF 24339 a

1    beginning July 1, 1994, shall contain at least 30%
2    postconsumer material; and beginning July 1, 1996, shall
3    contain at least 35% postconsumer material; and beginning
4    July 1, 1998, shall contain at least 40% postconsumer
5    material; and beginning July 1, 2000, shall contain at
6    least 45% postconsumer material.
7         (iii) Recycled newsprint, until July 1, 1994, shall
8    contain at least 40% postconsumer material; and beginning
9    July 1, 1994, shall contain at least 50% postconsumer
10    material; and beginning July 1, 1996, shall contain at
11    least 60% postconsumer material; and beginning July 1,
12    1998, shall contain at least 70% postconsumer material;
13    and beginning July 1, 2000, shall contain at least 80%
14    postconsumer material.
15         (iv) Recycled unbleached packaging, until July 1,
16    1994, shall contain at least 35% postconsumer material;
17    and beginning July 1, 1994, shall contain at least 40%
18    postconsumer material; and beginning July 1, 1996, shall
19    contain at least 45% postconsumer material; and beginning
20    July 1, 1998, shall contain at least 50% postconsumer
21    material; and beginning July 1, 2000, shall contain at
22    least 55% postconsumer material.
23         (v) Recycled paperboard, until July 1, 1994, shall
24    contain at least 80% postconsumer material; and beginning
25    July 1, 1994, shall contain at least 85% postconsumer
26    material; and beginning July 1, 1996, shall contain at

 

 

10200HB2785ham002- 42 -LRB102 13785 CPF 24339 a

1    least 90% postconsumer material; and beginning July 1,
2    1998, shall contain at least 95% postconsumer material.
3        (2) For the purposes of this Section, "postconsumer
4    material" includes:
5            (i) paper, paperboard, and fibrous waste from
6        retail stores, office buildings, homes and so forth,
7        after the waste has passed through its end usage as a
8        consumer item, including used corrugated boxes, old
9        newspapers, mixed waste paper, tabulating cards, and
10        used cordage; and
11            (ii) all paper, paperboard, and fibrous wastes
12        that are diverted or separated from the municipal
13        waste stream.
14        (3) For the purposes of this Section, "recovered paper
15    material" includes:
16            (i) postconsumer material;
17            (ii) dry paper and paperboard waste generated
18        after completion of the papermaking process (that is,
19        those manufacturing operations up to and including the
20        cutting and trimming of the paper machine reel into
21        smaller rolls or rough sheets), including envelope
22        cuttings, bindery trimmings, and other paper and
23        paperboard waste resulting from printing, cutting,
24        forming and other converting operations, or from bag,
25        box and carton manufacturing, and butt rolls, mill
26        wrappers, and rejected unused stock; and

 

 

10200HB2785ham002- 43 -LRB102 13785 CPF 24339 a

1            (iii) finished paper and paperboard from obsolete
2        inventories of paper and paperboard manufacturers,
3        merchants, wholesalers, dealers, printers, converters
4        or others.
5    (e) Nothing in this Section shall be deemed to apply to art
6materials, nor to any newspapers, magazines, text books,
7library books or other copyrighted publications which are
8purchased or used by any school board or any public school or
9attendance center within a school district, or which are sold
10in any school supply store operated by or within any such
11school or attendance center, other than newspapers written,
12edited or produced by students enrolled in the school
13district, public school or attendance center.
14    (e-5) Each school district shall periodically review its
15procedures on solid waste reduction regarding the management
16of solid waste generated by academic, administrative, and
17other institutional functions. Those waste reduction
18procedures must be designed to, when economically and
19practically feasible, recycle the school district's waste
20stream, including without limitation landscape waste, computer
21paper, and white office paper. School districts are encouraged
22to have procedures that provide for the investigation of
23potential markets for other recyclable materials that are
24present in the school district's waste stream. The waste
25reduction procedures must be designed to achieve, before July
261, 2020, at least a 50% reduction in the amount of solid waste

 

 

10200HB2785ham002- 44 -LRB102 13785 CPF 24339 a

1that is generated by the school district.
2    (f) The State Board of Education, in coordination with the
3Department Departments of Central Management Services and
4Commerce and Economic Opportunity, may adopt such rules and
5regulations as it deems necessary to assist districts in
6carrying out the provisions of this Section.
7(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
 
8    (105 ILCS 5/34-18.15)  (from Ch. 122, par. 34-18.15)
9    Sec. 34-18.15. Recycled paper and paper products and solid
10waste management.
11    (a) Definitions. As used in this Section, the following
12terms shall have the meanings indicated, unless the context
13otherwise requires:
14    "Deinked stock" means paper that has been processed to
15remove inks, clays, coatings, binders and other contaminants.
16    "High grade printing and writing papers" includes offset
17printing paper, duplicator paper, writing paper (stationery),
18tablet paper, office paper, note pads, xerographic paper,
19envelopes, form bond including computer paper and carbonless
20forms, book papers, bond papers, ledger paper, book stock and
21cotton fiber papers.
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

 

 

10200HB2785ham002- 45 -LRB102 13785 CPF 24339 a

1generated by a business or consumer which have served their
2intended end uses, and which have been separated or diverted
3from solid waste; wastes generated during the production of an
4end product are excluded.
5    "Recovered paper material" means paper waste generated
6after the completion of the papermaking process, such as
7postconsumer materials, envelope cuttings, bindery trimmings,
8printing waste, cutting and other converting waste, butt
9rolls, and mill wrappers, obsolete inventories, and rejected
10unused stock. "Recovered paper material", however, does not
11include fibrous waste generated during the manufacturing
12process as fibers recovered from waste water or trimmings of
13paper machine rolls (mill broke), or fibrous byproducts of
14harvesting, extraction or woodcutting processes, or forest
15residues such as bark.
16    "Recycled paperboard" includes paperboard products,
17folding cartons and pad backings.
18    "Tissue products" includes toilet tissue, paper towels,
19paper napkins, facial tissue, paper doilies, industrial
20wipers, paper bags and brown papers. These products shall also
21be unscented and shall not be colored.
22    "Unbleached packaging" includes corrugated and fiber
23storage boxes.
24    (a-5) The school district shall periodically review its
25procurement procedures and specifications related to the
26purchase of products and supplies. Those procedures and

 

 

10200HB2785ham002- 46 -LRB102 13785 CPF 24339 a

1specifications must be modified as necessary to require the
2school district to seek out products and supplies that contain
3recycled materials and to ensure that purchased products and
4supplies are reusable, durable, or made from recycled
5materials, if economically and practically feasible. In
6selecting products and supplies that contain recycled
7material, preference must be given to products and supplies
8that contain the highest amount of recycled material and that
9are consistent with the effective use of the product or
10supply, if economically and practically feasible.
11    (b) Wherever economically and practically feasible, as
12determined by the board of education, the board of education,
13all public schools and attendance centers within the school
14district, and their school supply stores shall procure
15recycled paper and paper products as follows:
16        (1) Beginning July 1, 2008, at least 10% of the total
17    dollar value of paper and paper products purchased by the
18    board of education, public schools and attendance centers,
19    and their school supply stores shall be recycled paper and
20    paper products.
21        (2) Beginning July 1, 2011, at least 25% of the total
22    dollar value of paper and paper products purchased by the
23    board of education, public schools and attendance centers,
24    and their school supply stores shall be recycled paper and
25    paper products.
26        (3) Beginning July 1, 2014, at least 50% of the total

 

 

10200HB2785ham002- 47 -LRB102 13785 CPF 24339 a

1    dollar value of paper and paper products purchased by the
2    board of education, public schools and attendance centers,
3    and their school supply stores shall be recycled paper and
4    paper products.
5        (4) Beginning July 1, 2020, at least 75% of the total
6    dollar value of paper and paper products purchased by the
7    board of education, public schools and attendance centers,
8    and their school supply stores shall be recycled paper and
9    paper products.
10        (5) Beginning upon the effective date of this
11    amendatory Act of 1992, all paper purchased by the board
12    of education, public schools and attendance centers for
13    publication of student newspapers shall be recycled
14    newsprint. The amount purchased shall not be included in
15    calculating the amounts specified in paragraphs (1)
16    through (4).
17    (c) Paper and paper products purchased from private sector
18vendors pursuant to printing contracts are not considered
19paper and paper products for the purposes of subsection (b),
20unless purchased under contract for the printing of student
21newspapers.
22    (d)(1) Wherever economically and practically feasible, the
23recycled paper and paper products referred to in subsection
24(b) shall contain postconsumer or recovered paper materials as
25specified by paper category in this subsection:
26        (i) Recycled high grade printing and writing paper

 

 

10200HB2785ham002- 48 -LRB102 13785 CPF 24339 a

1    shall contain at least 50% recovered paper material. Such
2    recovered paper material, until July 1, 2008, shall
3    consist of at least 20% deinked stock or postconsumer
4    material; and beginning July 1, 2008, shall consist of at
5    least 25% deinked stock or postconsumer material; and
6    beginning July 1, 2010, shall consist of at least 30%
7    deinked stock or postconsumer material; and beginning July
8    1, 2012, shall consist of at least 40% deinked stock or
9    postconsumer material; and beginning July 1, 2014, shall
10    consist of at least 50% deinked stock or postconsumer
11    material.
12        (ii) Recycled tissue products, until July 1, 1994,
13    shall contain at least 25% postconsumer material; and
14    beginning July 1, 1994, shall contain at least 30%
15    postconsumer material; and beginning July 1, 1996, shall
16    contain at least 35% postconsumer material; and beginning
17    July 1, 1998, shall contain at least 40% postconsumer
18    material; and beginning July 1, 2000, shall contain at
19    least 45% postconsumer material.
20        (iii) Recycled newsprint, until July 1, 1994, shall
21    contain at least 40% postconsumer material; and beginning
22    July 1, 1994, shall contain at least 50% postconsumer
23    material; and beginning July 1, 1996, shall contain at
24    least 60% postconsumer material; and beginning July 1,
25    1998, shall contain at least 70% postconsumer material;
26    and beginning July 1, 2000, shall contain at least 80%

 

 

10200HB2785ham002- 49 -LRB102 13785 CPF 24339 a

1    postconsumer material.
2        (iv) Recycled unbleached packaging, until July 1,
3    1994, shall contain at least 35% postconsumer material;
4    and beginning July 1, 1994, shall contain at least 40%
5    postconsumer material; and beginning July 1, 1996, shall
6    contain at least 45% postconsumer material; and beginning
7    July 1, 1998, shall contain at least 50% postconsumer
8    material; and beginning July 1, 2000, shall contain at
9    least 55% postconsumer material.
10        (v) Recycled paperboard, until July 1, 1994, shall
11    contain at least 80% postconsumer material; and beginning
12    July 1, 1994, shall contain at least 85% postconsumer
13    material; and beginning July 1, 1996, shall contain at
14    least 90% postconsumer material; and beginning July 1,
15    1998, shall contain at least 95% postconsumer material.
16        (2) For the purposes of this Section, "postconsumer
17    material" includes:
18            (i) paper, paperboard, and fibrous waste from
19        retail stores, office buildings, homes and so forth,
20        after the waste has passed through its end usage as a
21        consumer item, including used corrugated boxes, old
22        newspapers, mixed waste paper, tabulating cards, and
23        used cordage; and
24            (ii) all paper, paperboard, and fibrous wastes
25        that are diverted or separated from the municipal
26        waste stream.

 

 

10200HB2785ham002- 50 -LRB102 13785 CPF 24339 a

1        (3) For the purpose of this Section, "recovered paper
2    material" includes:
3            (i) postconsumer material;
4            (ii) dry paper and paperboard waste generated
5        after completion of the papermaking process (that is,
6        those manufacturing operations up to and including the
7        cutting and trimming of the paper machine reel into
8        smaller rolls or rough sheets), including envelope
9        cuttings, bindery trimmings, and other paper and
10        paperboard waste resulting from printing, cutting,
11        forming and other converting operations, or from bag,
12        box and carton manufacturing, and butt rolls, mill
13        wrappers, and rejected unused stock; and
14            (iii) finished paper and paperboard from obsolete
15        inventories of paper and paperboard manufacturers,
16        merchants, wholesalers, dealers, printers, converters
17        or others.
18    (e) Nothing in this Section shall be deemed to apply to art
19materials, nor to any newspapers, magazines, text books,
20library books or other copyrighted publications which are
21purchased or used by the board of education or any public
22school or attendance center within the school district, or
23which are sold in any school supply store operated by or within
24any such school or attendance center, other than newspapers
25written, edited or produced by students enrolled in the school
26district, public school or attendance center.

 

 

10200HB2785ham002- 51 -LRB102 13785 CPF 24339 a

1    (e-5) The school district shall periodically review its
2procedures on solid waste reduction regarding the management
3of solid waste generated by academic, administrative, and
4other institutional functions. Those waste reduction
5procedures must be designed to, when economically and
6practically feasible, recycle the school district's waste
7stream, including without limitation landscape waste, computer
8paper, and white office paper. The school district is
9encouraged to have procedures that provide for the
10investigation of potential markets for other recyclable
11materials that are present in the school district's waste
12stream. The waste reduction procedures must be designed to
13achieve, before July 1, 2020, at least a 50% reduction in the
14amount of solid waste that is generated by the school
15district.
16    (f) The State Board of Education, in coordination with the
17Department Departments of Central Management Services and
18Commerce and Economic Opportunity, may adopt such rules and
19regulations as it deems necessary to assist districts in
20carrying out the provisions of this Section.
21(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
 
22    Section 950. The Environmental Protection Act is amended
23by changing Sections 22.15, 22.16b, 55.3, 55.7, 58.14a, and
2458.15 as follows:
 

 

 

10200HB2785ham002- 52 -LRB102 13785 CPF 24339 a

1    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
2    Sec. 22.15. Solid Waste Management Fund; fees.
3    (a) There is hereby created within the State Treasury a
4special fund to be known as the Solid Waste Management Fund, to
5be constituted from the fees collected by the State pursuant
6to this Section, from repayments of loans made from the Fund
7for solid waste projects, from registration fees collected
8pursuant to the Consumer Electronics Recycling Act, and from
9amounts transferred into the Fund pursuant to Public Act
10100-433. Moneys received by either the Agency or the
11Department of Commerce and Economic Opportunity in repayment
12of loans made pursuant to the Illinois Solid Waste Management
13Act shall be deposited into the General Revenue Fund.
14    (b) The Agency shall assess and collect a fee in the amount
15set forth herein from the owner or operator of each sanitary
16landfill permitted or required to be permitted by the Agency
17to dispose of solid waste if the sanitary landfill is located
18off the site where such waste was produced and if such sanitary
19landfill is owned, controlled, and operated by a person other
20than the generator of such waste. The Agency shall deposit all
21fees collected into the Solid Waste Management Fund. If a site
22is contiguous to one or more landfills owned or operated by the
23same person, the volumes permanently disposed of by each
24landfill shall be combined for purposes of determining the fee
25under this subsection. Beginning on July 1, 2018, and on the
26first day of each month thereafter during fiscal years 2019

 

 

10200HB2785ham002- 53 -LRB102 13785 CPF 24339 a

1through 2021, the State Comptroller shall direct and State
2Treasurer shall transfer an amount equal to 1/12 of $5,000,000
3per fiscal year from the Solid Waste Management Fund to the
4General Revenue Fund.
5        (1) If more than 150,000 cubic yards of non-hazardous
6    solid waste is permanently disposed of at a site in a
7    calendar year, the owner or operator shall either pay a
8    fee of 95 cents per cubic yard or, alternatively, the
9    owner or operator may weigh the quantity of the solid
10    waste permanently disposed of with a device for which
11    certification has been obtained under the Weights and
12    Measures Act and pay a fee of $2.00 per ton of solid waste
13    permanently disposed of. In no case shall the fee
14    collected or paid by the owner or operator under this
15    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
16        (2) If more than 100,000 cubic yards but not more than
17    150,000 cubic yards of non-hazardous waste is permanently
18    disposed of at a site in a calendar year, the owner or
19    operator shall pay a fee of $52,630.
20        (3) If more than 50,000 cubic yards but not more than
21    100,000 cubic yards of non-hazardous solid waste is
22    permanently disposed of at a site in a calendar year, the
23    owner or operator shall pay a fee of $23,790.
24        (4) If more than 10,000 cubic yards but not more than
25    50,000 cubic yards of non-hazardous solid waste is
26    permanently disposed of at a site in a calendar year, the

 

 

10200HB2785ham002- 54 -LRB102 13785 CPF 24339 a

1    owner or operator shall pay a fee of $7,260.
2        (5) If not more than 10,000 cubic yards of
3    non-hazardous solid waste is permanently disposed of at a
4    site in a calendar year, the owner or operator shall pay a
5    fee of $1050.
6    (c) (Blank).
7    (d) The Agency shall establish rules relating to the
8collection of the fees authorized by this Section. Such rules
9shall include, but not be limited to:
10        (1) necessary records identifying the quantities of
11    solid waste received or disposed;
12        (2) the form and submission of reports to accompany
13    the payment of fees to the Agency;
14        (3) the time and manner of payment of fees to the
15    Agency, which payments shall not be more often than
16    quarterly; and
17        (4) procedures setting forth criteria establishing
18    when an owner or operator may measure by weight or volume
19    during any given quarter or other fee payment period.
20    (e) Pursuant to appropriation, all monies in the Solid
21Waste Management Fund shall be used by the Agency and the
22Department of Commerce and Economic Opportunity for the
23purposes set forth in this Section and in the Illinois Solid
24Waste Management Act, including for the costs of fee
25collection and administration, and for the administration of
26(1) the Consumer Electronics Recycling Act and (2) until

 

 

10200HB2785ham002- 55 -LRB102 13785 CPF 24339 a

1January 1, 2020, the Electronic Products Recycling and Reuse
2Act.
3    (f) The Agency is authorized to enter into such agreements
4and to promulgate such rules as are necessary to carry out its
5duties under this Section and the Illinois Solid Waste
6Management Act.
7    (g) On the first day of January, April, July, and October
8of each year, beginning on July 1, 1996, the State Comptroller
9and Treasurer shall transfer $500,000 from the Solid Waste
10Management Fund to the Hazardous Waste Fund. Moneys
11transferred under this subsection (g) shall be used only for
12the purposes set forth in item (1) of subsection (d) of Section
1322.2.
14    (h) The Agency is authorized to provide financial
15assistance to units of local government for the performance of
16inspecting, investigating and enforcement activities pursuant
17to Section 4(r) at nonhazardous solid waste disposal sites.
18    (i) The Agency is authorized to conduct household waste
19collection and disposal programs.
20    (j) A unit of local government, as defined in the Local
21Solid Waste Disposal Act, in which a solid waste disposal
22facility is located may establish a fee, tax, or surcharge
23with regard to the permanent disposal of solid waste. All
24fees, taxes, and surcharges collected under this subsection
25shall be utilized for solid waste management purposes,
26including long-term monitoring and maintenance of landfills,

 

 

10200HB2785ham002- 56 -LRB102 13785 CPF 24339 a

1planning, implementation, inspection, enforcement and other
2activities consistent with the Solid Waste Management Act and
3the Local Solid Waste Disposal Act, or for any other
4environment-related purpose, including but not limited to an
5environment-related public works project, but not for the
6construction of a new pollution control facility other than a
7household hazardous waste facility. However, the total fee,
8tax or surcharge imposed by all units of local government
9under this subsection (j) upon the solid waste disposal
10facility shall not exceed:
11        (1) 60 per cubic yard if more than 150,000 cubic
12    yards of non-hazardous solid waste is permanently disposed
13    of at the site in a calendar year, unless the owner or
14    operator weighs the quantity of the solid waste received
15    with a device for which certification has been obtained
16    under the Weights and Measures Act, in which case the fee
17    shall not exceed $1.27 per ton of solid waste permanently
18    disposed of.
19        (2) $33,350 if more than 100,000 cubic yards, but not
20    more than 150,000 cubic yards, of non-hazardous waste is
21    permanently disposed of at the site in a calendar year.
22        (3) $15,500 if more than 50,000 cubic yards, but not
23    more than 100,000 cubic yards, of non-hazardous solid
24    waste is permanently disposed of at the site in a calendar
25    year.
26        (4) $4,650 if more than 10,000 cubic yards, but not

 

 

10200HB2785ham002- 57 -LRB102 13785 CPF 24339 a

1    more than 50,000 cubic yards, of non-hazardous solid waste
2    is permanently disposed of at the site in a calendar year.
3        (5) $650 if not more than 10,000 cubic yards of
4    non-hazardous solid waste is permanently disposed of at
5    the site in a calendar year.
6    The corporate authorities of the unit of local government
7may use proceeds from the fee, tax, or surcharge to reimburse a
8highway commissioner whose road district lies wholly or
9partially within the corporate limits of the unit of local
10government for expenses incurred in the removal of
11nonhazardous, nonfluid municipal waste that has been dumped on
12public property in violation of a State law or local
13ordinance.
14    A county or Municipal Joint Action Agency that imposes a
15fee, tax, or surcharge under this subsection may use the
16proceeds thereof to reimburse a municipality that lies wholly
17or partially within its boundaries for expenses incurred in
18the removal of nonhazardous, nonfluid municipal waste that has
19been dumped on public property in violation of a State law or
20local ordinance.
21    If the fees are to be used to conduct a local sanitary
22landfill inspection or enforcement program, the unit of local
23government must enter into a written delegation agreement with
24the Agency pursuant to subsection (r) of Section 4. The unit of
25local government and the Agency shall enter into such a
26written delegation agreement within 60 days after the

 

 

10200HB2785ham002- 58 -LRB102 13785 CPF 24339 a

1establishment of such fees. At least annually, the Agency
2shall conduct an audit of the expenditures made by units of
3local government from the funds granted by the Agency to the
4units of local government for purposes of local sanitary
5landfill inspection and enforcement programs, to ensure that
6the funds have been expended for the prescribed purposes under
7the grant.
8    The fees, taxes or surcharges collected under this
9subsection (j) shall be placed by the unit of local government
10in a separate fund, and the interest received on the moneys in
11the fund shall be credited to the fund. The monies in the fund
12may be accumulated over a period of years to be expended in
13accordance with this subsection.
14    A unit of local government, as defined in the Local Solid
15Waste Disposal Act, shall prepare and distribute to the
16Agency, in April of each year, a report that details spending
17plans for monies collected in accordance with this subsection.
18The report will at a minimum include the following:
19        (1) The total monies collected pursuant to this
20    subsection.
21        (2) The most current balance of monies collected
22    pursuant to this subsection.
23        (3) An itemized accounting of all monies expended for
24    the previous year pursuant to this subsection.
25        (4) An estimation of monies to be collected for the
26    following 3 years pursuant to this subsection.

 

 

10200HB2785ham002- 59 -LRB102 13785 CPF 24339 a

1        (5) A narrative detailing the general direction and
2    scope of future expenditures for one, 2 and 3 years.
3    The exemptions granted under Sections 22.16 and 22.16a,
4and under subsection (k) of this Section, shall be applicable
5to any fee, tax or surcharge imposed under this subsection
6(j); except that the fee, tax or surcharge authorized to be
7imposed under this subsection (j) may be made applicable by a
8unit of local government to the permanent disposal of solid
9waste after December 31, 1986, under any contract lawfully
10executed before June 1, 1986 under which more than 150,000
11cubic yards (or 50,000 tons) of solid waste is to be
12permanently disposed of, even though the waste is exempt from
13the fee imposed by the State under subsection (b) of this
14Section pursuant to an exemption granted under Section 22.16.
15    (k) In accordance with the findings and purposes of the
16Illinois Solid Waste Management Act, beginning January 1, 1989
17the fee under subsection (b) and the fee, tax or surcharge
18under subsection (j) shall not apply to:
19        (1) waste which is hazardous waste;
20        (2) waste which is pollution control waste;
21        (3) waste from recycling, reclamation or reuse
22    processes which have been approved by the Agency as being
23    designed to remove any contaminant from wastes so as to
24    render such wastes reusable, provided that the process
25    renders at least 50% of the waste reusable;
26        (4) non-hazardous solid waste that is received at a

 

 

10200HB2785ham002- 60 -LRB102 13785 CPF 24339 a

1    sanitary landfill and composted or recycled through a
2    process permitted by the Agency; or
3        (5) any landfill which is permitted by the Agency to
4    receive only demolition or construction debris or
5    landscape waste.
6(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
7100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
88-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
9    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
10    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
11shall assess and collect a fee from the owner or operator of
12each new municipal waste incinerator. The fee shall be
13calculated by applying the rates established from time to time
14for the disposal of solid waste at sanitary landfills under
15subdivision (b)(1) of Section 22.15 to the total amount of
16municipal waste accepted for incineration at the new municipal
17waste incinerator. The exemptions provided by this Act to the
18fees imposed under subsection (b) of Section 22.15 shall not
19apply to the fee imposed by this Section.
20    The owner or operator of any new municipal waste
21incinerator permitted after January 1, 1990, but before July
221, 1990 by the Agency for the development or operation of a new
23municipal waste incinerator shall be exempt from this fee, but
24shall include the following conditions:
25        (1) The owner or operator shall provide information

 

 

10200HB2785ham002- 61 -LRB102 13785 CPF 24339 a

1    programs to those communities serviced by the owner or
2    operator concerning recycling and separation of waste not
3    suitable for incineration.
4        (2) The owner or operator shall provide information
5    programs to those communities serviced by the owner or
6    operator concerning the Agency's household hazardous waste
7    collection program and participation in that program.
8    For the purposes of this Section, "new municipal waste
9incinerator" means a municipal waste incinerator initially
10permitted for development or construction on or after January
111, 1990.
12    Amounts collected under this subsection shall be deposited
13into the Municipal Waste Incinerator Tax Fund, which is hereby
14established as an interest-bearing special fund in the State
15Treasury. Monies in the Fund may be used, subject to
16appropriation:
17        (1) by the Agency Department of Commerce and Economic
18    Opportunity to fund its public information programs on
19    recycling in those communities served by new municipal
20    waste incinerators; and
21        (2) by the Agency to fund its household hazardous
22    waste collection activities in those communities served by
23    new municipal waste incinerators.
24    (b) Any permit issued by the Agency for the development or
25operation of a new municipal waste incinerator shall include
26the following conditions:

 

 

10200HB2785ham002- 62 -LRB102 13785 CPF 24339 a

1        (1) The incinerator must be designed to provide
2    continuous monitoring while in operation, with direct
3    transmission of the resultant data to the Agency, until
4    the Agency determines the best available control
5    technology for monitoring the data. The Agency shall
6    establish the test methods, procedures and averaging
7    periods, as certified by the USEPA for solid waste
8    incinerator units, and the form and frequency of reports
9    containing results of the monitoring. Compliance and
10    enforcement shall be based on such reports. Copies of the
11    results of such monitoring shall be maintained on file at
12    the facility concerned for one year, and copies shall be
13    made available for inspection and copying by interested
14    members of the public during business hours.
15        (2) The facility shall comply with the emission limits
16    adopted by the Agency under subsection (c).
17        (3) The operator of the facility shall take reasonable
18    measures to ensure that waste accepted for incineration
19    complies with all legal requirements for incineration. The
20    incinerator operator shall establish contractual
21    requirements or other notification and inspection
22    procedures sufficient to assure compliance with this
23    subsection (b)(3) which may include, but not be limited
24    to, routine inspections of waste, lists of acceptable and
25    unacceptable waste provided to haulers and notification to
26    the Agency when the facility operator rejects and sends

 

 

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1    loads away. The notification shall contain at least the
2    name of the hauler and the site from where the load was
3    hauled.
4        (4) The operator may not accept for incineration any
5    waste generated or collected in a municipality that has
6    not implemented a recycling plan or is party to an
7    implemented county plan, consistent with State goals and
8    objectives. Such plans shall include provisions for
9    collecting, recycling or diverting from landfills and
10    municipal incinerators landscape waste, household
11    hazardous waste and batteries. Such provisions may be
12    performed at the site of the new municipal incinerator.
13    The Agency, after careful scrutiny of a permit application
14for the construction, development or operation of a new
15municipal waste incinerator, shall deny the permit if (i) the
16Agency finds in the permit application noncompliance with the
17laws and rules of the State or (ii) the application indicates
18that the mandated air emissions standards will not be reached
19within six months of the proposed municipal waste incinerator
20beginning operation.
21    (c) The Agency shall adopt specific limitations on the
22emission of mercury, chromium, cadmium and lead, and good
23combustion practices, including temperature controls from
24municipal waste incinerators pursuant to Section 9.4 of the
25Act.
26    (d) The Agency shall establish household hazardous waste

 

 

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1collection centers in appropriate places in this State. The
2Agency may operate and maintain the centers itself or may
3contract with other parties for that purpose. The Agency shall
4ensure that the wastes collected are properly disposed of. The
5collection centers may charge fees for their services, not to
6exceed the costs incurred. Such collection centers shall not
7(i) be regulated as hazardous waste facilities under RCRA nor
8(ii) be subject to local siting approval under Section 39.2 if
9the local governing authority agrees to waive local siting
10approval procedures.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    (415 ILCS 5/55.3)  (from Ch. 111 1/2, par. 1055.3)
13    Sec. 55.3. (a) Upon finding that an accumulation of used
14or waste tires creates an immediate danger to health, the
15Agency may take action pursuant to Section 34 of this Act.
16    (b) Upon making a finding that an accumulation of used or
17waste tires creates a hazard posing a threat to public health
18or the environment, the Agency may undertake preventive or
19corrective action in accordance with this subsection. Such
20preventive or corrective action may consist of any or all of
21the following:
22        (1) Treating and handling used or waste tires and
23    other infested materials within the area for control of
24    mosquitoes and other disease vectors.
25        (2) Relocation of ignition sources and any used or

 

 

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1    waste tires within the area for control and prevention of
2    tire fires.
3        (3) Removal of used and waste tire accumulations from
4    the area.
5        (4) Removal of soil and water contamination related to
6    tire accumulations.
7        (5) Installation of devices to monitor and control
8    groundwater and surface water contamination related to
9    tire accumulations.
10        (6) Such other actions as may be authorized by Board
11    regulations.
12    (c) The Agency may, subject to the availability of
13appropriated funds, undertake a consensual removal action for
14the removal of up to 1,000 used or waste tires at no cost to
15the owner according to the following requirements:
16        (1) Actions under this subsection shall be taken
17    pursuant to a written agreement between the Agency and the
18    owner of the tire accumulation.
19        (2) The written agreement shall at a minimum specify:
20            (i) that the owner relinquishes any claim of an
21        ownership interest in any tires that are removed, or
22        in any proceeds from their sale;
23            (ii) that tires will no longer be allowed to be
24        accumulated at the site;
25            (iii) that the owner will hold harmless the Agency
26        or any employee or contractor utilized by the Agency

 

 

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1        to effect the removal, for any damage to property
2        incurred during the course of action under this
3        subsection, except for gross negligence or intentional
4        misconduct; and
5            (iv) any conditions upon or assistance required
6        from the owner to assure that the tires are so located
7        or arranged as to facilitate their removal.
8        (3) The Agency may by rule establish conditions and
9    priorities for removal of used and waste tires under this
10    subsection.
11        (4) The Agency shall prescribe the form of written
12    agreements under this subsection.
13    (d) The Agency shall have authority to provide notice to
14the owner or operator, or both, of a site where used or waste
15tires are located and to the owner or operator, or both, of the
16accumulation of tires at the site, whenever the Agency finds
17that the used or waste tires pose a threat to public health or
18the environment, or that there is no owner or operator
19proceeding in accordance with a tire removal agreement
20approved under Section 55.4.
21    The notice provided by the Agency shall include the
22identified preventive or corrective action, and shall provide
23an opportunity for the owner or operator, or both, to perform
24such action.
25    For sites with more than 250,000 passenger tire
26equivalents, following the notice provided for by this

 

 

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1subsection (d), the Agency may enter into a written
2reimbursement agreement with the owner or operator of the
3site. The agreement shall provide a schedule for the owner or
4operator to reimburse the Agency for costs incurred for
5preventive or corrective action, which shall not exceed 5
6years in length. An owner or operator making payments under a
7written reimbursement agreement pursuant to this subsection
8(d) shall not be liable for punitive damages under subsection
9(h) of this Section.
10    (e) In accordance with constitutional limitations, the
11Agency shall have authority to enter at all reasonable times
12upon any private or public property for the purpose of taking
13whatever preventive or corrective action is necessary and
14appropriate in accordance with the provisions of this Section,
15including but not limited to removal, processing or treatment
16of used or waste tires, whenever the Agency finds that used or
17waste tires pose a threat to public health or the environment.
18    (f) In undertaking preventive, corrective or consensual
19removal action under this Section the Agency may consider use
20of the following: rubber reuse alternatives, shredding or
21other conversion through use of mobile or fixed facilities,
22energy recovery through burning or incineration, and landfill
23disposal. To the extent practicable, the Agency shall consult
24with the Department of Commerce and Economic Opportunity
25regarding the availability of alternatives to landfilling used
26and waste tires, and shall make every reasonable effort to

 

 

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1coordinate tire cleanup projects with applicable programs that
2relate to such alternative practices.
3    (g) Except as otherwise provided in this Section, the
4owner or operator of any site or accumulation of used or waste
5tires at which the Agency has undertaken corrective or
6preventive action under this Section shall be liable for all
7costs thereof incurred by the State of Illinois, including
8reasonable costs of collection. Any monies received by the
9Agency hereunder shall be deposited into the Used Tire
10Management Fund. The Agency may in its discretion store,
11dispose of or convey the tires that are removed from an area at
12which it has undertaken a corrective, preventive or consensual
13removal action, and may sell or store such tires and other
14items, including but not limited to rims, that are removed
15from the area. The net proceeds of any sale shall be credited
16against the liability incurred by the owner or operator for
17the costs of any preventive or corrective action.
18    (h) Any person liable to the Agency for costs incurred
19under subsection (g) of this Section may be liable to the State
20of Illinois for punitive damages in an amount at least equal
21to, and not more than 2 times, the costs incurred by the State
22if such person failed without sufficient cause to take
23preventive or corrective action pursuant to notice issued
24under subsection (d) of this Section.
25    (i) There shall be no liability under subsection (g) of
26this Section for a person otherwise liable who can establish

 

 

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1by a preponderance of the evidence that the hazard created by
2the tires was caused solely by:
3        (1) an act of God;
4        (2) an act of war; or
5        (3) an act or omission of a third party other than an
6    employee or agent, and other than a person whose act or
7    omission occurs in connection with a contractual
8    relationship with the person otherwise liable.
9    For the purposes of this subsection, "contractual
10relationship" includes, but is not limited to, land contracts,
11deeds and other instruments transferring title or possession,
12unless the real property upon which the accumulation is
13located was acquired by the defendant after the disposal or
14placement of used or waste tires on, in or at the property and
15one or more of the following circumstances is also established
16by a preponderance of the evidence:
17            (A) at the time the defendant acquired the
18        property, the defendant did not know and had no reason
19        to know that any used or waste tires had been disposed
20        of or placed on, in or at the property, and the
21        defendant undertook, at the time of acquisition, all
22        appropriate inquiries into the previous ownership and
23        uses of the property consistent with good commercial
24        or customary practice in an effort to minimize
25        liability;
26            (B) the defendant is a government entity which

 

 

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1        acquired the property by escheat or through any other
2        involuntary transfer or acquisition, or through the
3        exercise of eminent domain authority by purchase or
4        condemnation; or
5            (C) the defendant acquired the property by
6        inheritance or bequest.
7    (j) Nothing in this Section shall affect or modify the
8obligations or liability of any person under any other
9provision of this Act, federal law, or State law, including
10the common law, for injuries, damages or losses resulting from
11the circumstances leading to Agency action under this Section.
12    (k) The costs and damages provided for in this Section may
13be imposed by the Board in an action brought before the Board
14in accordance with Title VIII of this Act, except that
15subsection (c) of Section 33 of this Act shall not apply to any
16such action.
17    (l) The Agency shall, when feasible, consult with the
18Department of Public Health prior to taking any action to
19remove or treat an infested tire accumulation for control of
20mosquitoes or other disease vectors. The Agency may by
21contract or agreement secure the services of the Department of
22Public Health, any local public health department, or any
23other qualified person in treating any such infestation as
24part of an emergency or preventive action.
25    (m) Neither the State, the Agency, the Board, the
26Director, nor any State employee shall be liable for any

 

 

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1damage or injury arising out of or resulting from any action
2taken under this Section.
3(Source: P.A. 94-793, eff. 5-19-06.)
 
4    (415 ILCS 5/55.7)  (from Ch. 111 1/2, par. 1055.7)
5    Sec. 55.7. The Agency Department of Commerce and Economic
6Opportunity may adopt regulations as necessary for the
7administration of the grant and loan programs funded from the
8Used Tire Management Fund, including but not limited to
9procedures and criteria for applying for, evaluating, awarding
10and terminating grants and loans. The Agency Department of
11Commerce and Economic Opportunity may by rule specify criteria
12for providing grant assistance rather than loan assistance;
13such criteria shall promote the expeditious development of
14alternatives to the disposal of used tires, and the efficient
15use of monies for assistance. Evaluation criteria may be
16established by rule, considering such factors as:
17        (1) the likelihood that a proposal will lead to the
18    actual collection and processing of used tires and
19    protection of the environment and public health in
20    furtherance of the purposes of this Act;
21        (2) the feasibility of the proposal;
22        (3) the suitability of the location for the proposed
23    activity;
24        (4) the potential of the proposal for encouraging
25    recycling and reuse of resources; and

 

 

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1        (5) the potential for development of new technologies
2    consistent with the purposes of this Act.
3(Source: P.A. 94-793, eff. 5-19-06.)
 
4    (415 ILCS 5/58.14a)
5    Sec. 58.14a. River Edge Redevelopment Zone Site
6Remediation Tax Credit Review.
7    (a) Prior to applying for the River Edge Redevelopment
8Zone site remediation tax credit under subsection (n) of
9Section 201 of the Illinois Income Tax Act, a Remediation
10Applicant must first submit to the Agency an application for
11review of remediation costs. The Agency shall review the
12application in consultation with the Department of Commerce
13and Economic Opportunity. The application and review process
14must be conducted in accordance with the requirements of this
15Section and the rules adopted under subsection (g). A
16preliminary review of the estimated remediation costs for
17development and implementation of the Remedial Action Plan may
18be obtained in accordance with subsection (d).
19    (b) No application for review may be submitted until a No
20Further Remediation Letter has been issued by the Agency and
21recorded in the chain of title for the site in accordance with
22Section 58.10. The Agency shall review the application to
23determine whether the costs submitted are remediation costs
24and whether the costs incurred are reasonable. The application
25must be on forms prescribed and provided by the Agency. At a

 

 

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1minimum, the application must include the following:
2        (1) information identifying the Remediation Applicant,
3    the site for which the tax credit is being sought, and the
4    date of acceptance of the site into the Site Remediation
5    Program;
6        (2) a copy of the No Further Remediation Letter with
7    official verification that the letter has been recorded in
8    the chain of title for the site and a demonstration that
9    the site for which the application is submitted is the
10    same site as the one for which the No Further Remediation
11    Letter is issued;
12        (3) a demonstration that the release of the regulated
13    substances of concern for which the No Further Remediation
14    Letter was issued were not caused or contributed to in any
15    material respect by the Remediation Applicant.
16    Determinations as to credit availability shall be made
17    consistent with the Pollution Control Board rules for the
18    administration and enforcement of Section 58.9 of this
19    Act;
20        (4) an itemization and documentation, including
21    receipts, of the remediation costs incurred;
22        (5) a demonstration that the costs incurred are
23    remediation costs as defined in this Act and its rules;
24        (6) a demonstration that the costs submitted for
25    review were incurred by the Remediation Applicant who
26    received the No Further Remediation Letter;

 

 

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1        (7) an application fee in the amount set forth in
2    subsection (e) for each site for which review of
3    remediation costs is requested and, if applicable,
4    certification from the Department of Commerce and Economic
5    Opportunity that the site is located in a River Edge
6    Redevelopment Zone; and
7        (8) any other information deemed appropriate by the
8    Agency.
9    (c) Within 60 days after receipt by the Agency of an
10application meeting the requirements of subsection (b), the
11Agency shall issue a letter to the applicant approving,
12disapproving, or modifying the remediation costs submitted in
13the application. If the remediation costs are approved as
14submitted, then the Agency's letter must state the amount of
15the remediation costs to be applied toward the River Edge
16Redevelopment Zone site remediation tax credit. If an
17application is disapproved or approved with modification of
18remediation costs, then the Agency's letter must set forth the
19reasons for the disapproval or modification and must state the
20amount of the remediation costs, if any, to be applied toward
21the River Edge Redevelopment Zone site remediation tax credit.
22    If a preliminary review of a budget plan has been obtained
23under subsection (d), then the Remediation Applicant may
24submit, with the application and supporting documentation
25under subsection (b), a copy of the Agency's final
26determination accompanied by a certification that the actual

 

 

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1remediation costs incurred for the development and
2implementation of the Remedial Action Plan are equal to or
3less than the costs approved in the Agency's final
4determination on the budget plan. The certification must be
5signed by the Remediation Applicant and notarized. Based on
6that submission, the Agency is not required to conduct further
7review of the costs incurred for development and
8implementation of the Remedial Action Plan, and it may approve
9the costs as submitted. Within 35 days after the receipt of an
10Agency letter disapproving or modifying an application for
11approval of remediation costs, the Remediation Applicant may
12appeal the Agency's decision to the Board in the manner
13provided for the review of permits under Section 40 of this
14Act.
15    (d) A Remediation Applicant may obtain a preliminary
16review of estimated remediation costs for the development and
17implementation of the Remedial Action Plan by submitting a
18budget plan along with the Remedial Action Plan. The budget
19plan must be set forth on forms prescribed and provided by the
20Agency and must include, without limitation, line-item
21estimates of the costs associated with each line item (such as
22personnel, equipment, and materials) that the Remediation
23Applicant anticipates will be incurred for the development and
24implementation of the Remedial Action Plan. The Agency shall
25review the budget plan along with the Remedial Action Plan to
26determine whether the estimated costs submitted are

 

 

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1remediation costs and whether the costs estimated for the
2activities are reasonable.
3    If the Remedial Action Plan is amended by the Remediation
4Applicant or as a result of Agency action, then the
5corresponding budget plan must be revised accordingly and
6resubmitted for Agency review.
7    The budget plan must be accompanied by the applicable fee
8as set forth in subsection (e).
9    The submittal of a budget plan is deemed to be an automatic
1060-day waiver of the Remedial Action Plan review deadlines set
11forth in this Section and its rules.
12    Within the applicable period of review, the Agency shall
13issue a letter to the Remediation Applicant approving,
14disapproving, or modifying the estimated remediation costs
15submitted in the budget plan. If a budget plan is disapproved
16or approved with modification of estimated remediation costs,
17then the Agency's letter must set forth the reasons for the
18disapproval or modification.
19    Within 35 days after receipt of an Agency letter
20disapproving or modifying a budget plan, the Remediation
21Applicant may appeal the Agency's decision to the Board in the
22manner provided for the review of permits under Section 40 of
23this Act.
24    (e) Any fee for a review conducted under this Section is in
25addition to any other fees or payments for Agency services
26rendered under the Site Remediation Program. The fees under

 

 

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1this Section are as follows:
2        (1) the fee for an application for review of
3    remediation costs is $250 for each site reviewed; and
4        (2) there is no fee for the review of the budget plan
5    submitted under subsection (d).
6    The application fee must be made payable to the State of
7Illinois, for deposit into the Hazardous Waste Fund. Pursuant
8to appropriation, the Agency shall use the fees collected
9under this subsection for development and administration of
10the review program.
11    (f) The Agency has the authority to enter into any
12contracts or agreements that may be necessary to carry out its
13duties and responsibilities under this Section.
14    (g) The Agency shall adopt rules prescribing procedures
15and standards for its administration of this Section. Prior to
16the effective date of rules adopted under this Section, the
17Agency may conduct reviews of applications under this Section.
18The Agency may publish informal guidelines concerning this
19Section to provide guidance.
20(Source: P.A. 95-454, eff. 8-27-07.)
 
21    (415 ILCS 5/58.15)
22    Sec. 58.15. Brownfields Programs.
23(A) Brownfields Redevelopment Loan Program.
24    (a) The Agency shall establish and administer a revolving
25loan program to be known as the "Brownfields Redevelopment

 

 

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1Loan Program" for the purpose of providing loans to be used for
2site investigation, site remediation, or both, at brownfields
3sites. All principal, interest, and penalty payments from
4loans made under this subsection (A) shall be deposited into
5the Brownfields Redevelopment Fund and reused in accordance
6with this Section.
7    (b) General requirements for loans:
8        (1) Loans shall be at or below market interest rates
9    in accordance with a formula set forth in regulations
10    promulgated under subdivision (A)(c) of this subsection
11    (A).
12        (2) Loans shall be awarded subject to availability of
13    funding based on the order of receipt of applications
14    satisfying all requirements as set forth in the
15    regulations promulgated under subdivision (A)(c) of this
16    subsection (A).
17        (3) The maximum loan amount under this subsection (A)
18    for any one project is $1,000,000.
19        (4) In addition to any requirements or conditions
20    placed on loans by regulation, loan agreements under the
21    Brownfields Redevelopment Loan Program shall include the
22    following requirements:
23            (A) the loan recipient shall secure the loan
24        repayment obligation;
25            (B) completion of the loan repayment shall not
26        exceed 15 years or as otherwise prescribed by Agency

 

 

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1        rule; and
2            (C) loan agreements shall provide for a confession
3        of judgment by the loan recipient upon default.
4        (5) Loans shall not be used to cover expenses incurred
5    prior to the approval of the loan application.
6        (6) If the loan recipient fails to make timely
7    payments or otherwise fails to meet its obligations as
8    provided in this subsection (A) or implementing
9    regulations, the Agency is authorized to pursue the
10    collection of the amounts past due, the outstanding loan
11    balance, and the costs thereby incurred, either pursuant
12    to the Illinois State Collection Act of 1986 or by any
13    other means provided by law, including the taking of
14    title, by foreclosure or otherwise, to any project or
15    other property pledged, mortgaged, encumbered, or
16    otherwise available as security or collateral.
17    (c) The Agency shall have the authority to enter into any
18contracts or agreements that may be necessary to carry out its
19duties or responsibilities under this subsection (A). The
20Agency shall have the authority to promulgate regulations
21setting forth procedures and criteria for administering the
22Brownfields Redevelopment Loan Program. The regulations
23promulgated by the Agency for loans under this subsection (A)
24shall include, but need not be limited to, the following
25elements:
26        (1) loan application requirements;

 

 

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1        (2) determination of credit worthiness of the loan
2    applicant;
3        (3) types of security required for the loan;
4        (4) types of collateral, as necessary, that can be
5    pledged for the loan;
6        (5) special loan terms, as necessary, for securing the
7    repayment of the loan;
8        (6) maximum loan amounts;
9        (7) purposes for which loans are available;
10        (8) application periods and content of applications;
11        (9) procedures for Agency review of loan applications,
12    loan approvals or denials, and loan acceptance by the loan
13    recipient;
14        (10) procedures for establishing interest rates;
15        (11) requirements applicable to disbursement of loans
16    to loan recipients;
17        (12) requirements for securing loan repayment
18    obligations;
19        (13) conditions or circumstances constituting default;
20        (14) procedures for repayment of loans and delinquent
21    loans including, but not limited to, the initiation of
22    principal and interest payments following loan acceptance;
23        (15) loan recipient responsibilities for work
24    schedules, work plans, reports, and record keeping;
25        (16) evaluation of loan recipient performance,
26    including auditing and access to sites and records;

 

 

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1        (17) requirements applicable to contracting and
2    subcontracting by the loan recipient, including
3    procurement requirements;
4        (18) penalties for noncompliance with loan
5    requirements and conditions, including stop-work orders,
6    termination, and recovery of loan funds; and
7        (19) indemnification of the State of Illinois and the
8    Agency by the loan recipient.
9    (d) Moneys in the Brownfields Redevelopment Fund may be
10used as a source of revenue or security for the principal and
11interest on revenue or general obligation bonds issued by the
12State or any political subdivision or instrumentality thereof,
13if the proceeds of those bonds will be deposited into the Fund.
 
14(B) Brownfields Site Restoration Program.
15    (a) (1) The Agency, with the assistance of the Department
16    of Commerce and Economic Opportunity, must establish and
17    administer a program for the payment of remediation costs
18    to be known as the Brownfields Site Restoration Program.
19    The Agency, through the Program, shall provide Remediation
20    Applicants with financial assistance for the investigation
21    and remediation of abandoned or underutilized properties.
22    The investigation and remediation shall be performed in
23    accordance with this Title XVII of this Act.
24        (2) For each State fiscal year in which funds are made
25    available to the Agency for payment under this subsection

 

 

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1    (B), the Agency must, subject to the availability of
2    funds, allocate 20% of the funds to be available to
3    Remediation Applicants within counties with populations
4    over 2,000,000. The remaining funds must be made available
5    to all other Remediation Applicants in the State.
6        (3) The Agency must not approve payment in excess of
7    $750,000 to a Remediation Applicant for remediation costs
8    incurred at a remediation site. Eligibility must be
9    determined based on a minimum capital investment in the
10    redevelopment of the site, and payment amounts must not
11    exceed the net economic benefit to the State of the
12    remediation project. In addition to these limitations, the
13    total payment to be made to an applicant must not exceed an
14    amount equal to 20% of the capital investment at the site.
15        (4) Only those remediation projects for which a No
16    Further Remediation Letter is issued by the Agency after
17    December 31, 2001 are eligible to participate in the
18    Brownfields Site Restoration Program. The program does not
19    apply to any sites that have received a No Further
20    Remediation Letter prior to December 31, 2001 or for costs
21    incurred prior to the Agency Department of Commerce and
22    Economic Opportunity (formerly Department of Commerce and
23    Community Affairs) approving a site eligible for the
24    Brownfields Site Restoration Program.
25        (5) Brownfields Site Restoration Program funds shall
26    be subject to availability of funding and distributed

 

 

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1    based on the order of receipt of applications satisfying
2    all requirements as set forth in this Section.
3    (b) Prior to applying to the Agency for payment, a
4Remediation Applicant shall first submit to the Agency its
5proposed remediation costs. The Agency shall make a
6pre-application assessment, which is not to be binding upon
7the Department of Commerce and Economic Opportunity or upon
8future review of the project, relating only to whether the
9Agency has adequate funding to reimburse the applicant for the
10remediation costs if the applicant is found to be eligible for
11reimbursement of remediation costs. If the Agency determines
12that it is likely to have adequate funding to reimburse the
13applicant for remediation costs, the Remediation Applicant may
14then submit to the Agency Department of Commerce and Economic
15Opportunity an application for review of eligibility. The
16Agency Department must review the eligibility application to
17determine whether the Remediation Applicant is eligible for
18the payment. The application must be on forms prescribed and
19provided by the Agency Department of Commerce and Economic
20Opportunity. At a minimum, the application must include the
21following:
22        (1) Information identifying the Remediation Applicant
23    and the site for which the payment is being sought and the
24    date of acceptance into the Site Remediation Program.
25        (2) Information demonstrating that the site for which
26    the payment is being sought is abandoned or underutilized

 

 

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1    property. "Abandoned property" means real property
2    previously used for, or that has the potential to be used
3    for, commercial or industrial purposes that reverted to
4    the ownership of the State, a county or municipal
5    government, or an agency thereof, through donation,
6    purchase, tax delinquency, foreclosure, default, or
7    settlement, including conveyance by deed in lieu of
8    foreclosure; or privately owned property that has been
9    vacant for a period of not less than 3 years from the time
10    an application is made to the Agency Department of
11    Commerce and Economic Opportunity. "Underutilized
12    property" means real property of which less than 35% of
13    the commercially usable space of the property and
14    improvements thereon are used for their most commercially
15    profitable and economically productive uses.
16        (3) Information demonstrating that remediation of the
17    site for which the payment is being sought will result in a
18    net economic benefit to the State of Illinois. The "net
19    economic benefit" must be determined based on factors
20    including, but not limited to, the capital investment, the
21    number of jobs created, the number of jobs retained if it
22    is demonstrated the jobs would otherwise be lost, capital
23    improvements, the number of construction-related jobs,
24    increased sales, material purchases, other increases in
25    service and operational expenditures, and other factors
26    established by the Agency Department of Commerce and

 

 

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1    Economic Opportunity. Priority must be given to sites
2    located in areas with high levels of poverty, where the
3    unemployment rate exceeds the State average, where an
4    enterprise zone exists, or where the area is otherwise
5    economically depressed as determined by the Agency
6    Department of Commerce and Economic Opportunity.
7        (4) An application fee in the amount set forth in
8    subdivision (B)(c) for each site for which review of an
9    application is being sought.
10    (c) The fee for eligibility reviews conducted by the
11Agency Department of Commerce and Economic Opportunity under
12this subsection (B) is $1,000 for each site reviewed. The
13application fee must be made payable to the Agency Department
14of Commerce and Economic Opportunity for deposit into the
15Brownfields Redevelopment Workforce, Technology, and Economic
16Development Fund. These application fees shall be used by the
17Agency Department for administrative expenses incurred under
18this subsection (B).
19    (d) Within 60 days after receipt by the Agency Department
20of Commerce and Economic Opportunity of an application meeting
21the requirements of subdivision (B)(b), the Agency Department
22of Commerce and Economic Opportunity must issue a letter to
23the applicant approving the application, approving the
24application with modifications, or disapproving the
25application. If the application is approved or approved with
26modifications, the Agency's Department of Commerce and

 

 

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1Economic Opportunity's letter must also include its
2determination of the "net economic benefit" of the remediation
3project and the maximum amount of the payment to be made
4available to the applicant for remediation costs. The payment
5by the Agency under this subsection (B) must not exceed the
6"net economic benefit" of the remediation project, as
7determined by the Department of Commerce and Economic
8Opportunity.
9    (e) An application for a review of remediation costs must
10not be submitted to the Agency unless the Agency Department of
11Commerce and Economic Opportunity has determined the
12Remediation Applicant is eligible under subdivision (B)(d). If
13the Agency Department of Commerce and Economic Opportunity has
14determined that a Remediation Applicant is eligible under
15subdivision (B)(d), the Remediation Applicant may submit an
16application for payment to the Agency under this subsection
17(B). Except as provided in subdivision (B)(f), an application
18for review of remediation costs must not be submitted until a
19No Further Remediation Letter has been issued by the Agency
20and recorded in the chain of title for the site in accordance
21with Section 58.10. The Agency must review the application to
22determine whether the costs submitted are remediation costs
23and whether the costs incurred are reasonable. The application
24must be on forms prescribed and provided by the Agency. At a
25minimum, the application must include the following:
26        (1) Information identifying the Remediation Applicant

 

 

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1    and the site for which the payment is being sought and the
2    date of acceptance of the site into the Site Remediation
3    Program.
4        (2) A copy of the No Further Remediation Letter with
5    official verification that the letter has been recorded in
6    the chain of title for the site and a demonstration that
7    the site for which the application is submitted is the
8    same site as the one for which the No Further Remediation
9    Letter is issued.
10        (3) A demonstration that the release of the regulated
11    substances of concern for which the No Further Remediation
12    Letter was issued was not caused or contributed to in any
13    material respect by the Remediation Applicant. The Agency
14    must make determinations as to reimbursement availability
15    consistent with rules adopted by the Pollution Control
16    Board for the administration and enforcement of Section
17    58.9 of this Act.
18        (4) A copy of the Agency's Department of Commerce and
19    Economic Opportunity's letter approving eligibility,
20    including the net economic benefit of the remediation
21    project.
22        (5) An itemization and documentation, including
23    receipts, of the remediation costs incurred.
24        (6) A demonstration that the costs incurred are
25    remediation costs as defined in this Act and rules adopted
26    under this Act.

 

 

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1        (7) A demonstration that the costs submitted for
2    review were incurred by the Remediation Applicant who
3    received the No Further Remediation Letter.
4        (8) An application fee in the amount set forth in
5    subdivision (B)(j) for each site for which review of
6    remediation costs is requested.
7        (9) Any other information deemed appropriate by the
8    Agency.
9    (f) An application for review of remediation costs may be
10submitted to the Agency prior to the issuance of a No Further
11Remediation Letter if the Remediation Applicant has a Remedial
12Action Plan approved by the Agency under the terms of which the
13Remediation Applicant will remediate groundwater for more than
14one year. The Agency must review the application to determine
15whether the costs submitted are remediation costs and whether
16the costs incurred are reasonable. The application must be on
17forms prescribed and provided by the Agency. At a minimum, the
18application 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 Agency letter approving the Remedial
24    Action Plan.
25        (3) A demonstration that the release of the regulated
26    substances of concern for which the Remedial Action Plan

 

 

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1    was approved was not caused or contributed to in any
2    material respect by the Remediation Applicant. The Agency
3    must make determinations as to reimbursement availability
4    consistent with rules adopted by the Pollution Control
5    Board for the administration and enforcement of Section
6    58.9 of this Act.
7        (4) A copy of the Agency's Department of Commerce and
8    Economic Opportunity's letter approving eligibility,
9    including the net economic benefit of the remediation
10    project.
11        (5) An itemization and documentation, including
12    receipts, of the remediation costs incurred.
13        (6) A demonstration that the costs incurred are
14    remediation costs as defined in this Act and rules adopted
15    under this Act.
16        (7) A demonstration that the costs submitted for
17    review were incurred by the Remediation Applicant who
18    received approval of the Remediation Action Plan.
19        (8) An application fee in the amount set forth in
20    subdivision (B)(j) for each site for which review of
21    remediation costs is requested.
22        (9) Any other information deemed appropriate by the
23    Agency.
24    (g) For a Remediation Applicant seeking a payment under
25subdivision (B)(f), until the Agency issues a No Further
26Remediation Letter for the site, no more than 75% of the

 

 

10200HB2785ham002- 90 -LRB102 13785 CPF 24339 a

1allowed payment may be claimed by the Remediation Applicant.
2The remaining 25% may be claimed following the issuance by the
3Agency of a No Further Remediation Letter for the site. For a
4Remediation Applicant seeking a payment under subdivision
5(B)(e), until the Agency issues a No Further Remediation
6Letter for the site, no payment may be claimed by the
7Remediation Applicant.
8    (h) (1) Within 60 days after receipt by the Agency of an
9    application meeting the requirements of subdivision (B)(e)
10    or (B)(f), the Agency must issue a letter to the applicant
11    approving, disapproving, or modifying the remediation
12    costs submitted in the application. If an application is
13    disapproved or approved with modification of remediation
14    costs, then the Agency's letter must set forth the reasons
15    for the disapproval or modification.
16        (2) If a preliminary review of a budget plan has been
17    obtained under subdivision (B)(i), the Remediation
18    Applicant may submit, with the application and supporting
19    documentation under subdivision (B)(e) or (B)(f), a copy
20    of the Agency's final determination accompanied by a
21    certification that the actual remediation costs incurred
22    for the development and implementation of the Remedial
23    Action Plan are equal to or less than the costs approved in
24    the Agency's final determination on the budget plan. The
25    certification must be signed by the Remediation Applicant
26    and notarized. Based on that submission, the Agency is not

 

 

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1    required to conduct further review of the costs incurred
2    for development and implementation of the Remedial Action
3    Plan and may approve costs as submitted.
4        (3) Within 35 days after receipt of an Agency letter
5    disapproving or modifying an application for approval of
6    remediation costs, the Remediation Applicant may appeal
7    the Agency's decision to the Board in the manner provided
8    for the review of permits in Section 40 of this Act.
9    (i) (1) A Remediation Applicant may obtain a preliminary
10    review of estimated remediation costs for the development
11    and implementation of the Remedial Action Plan by
12    submitting a budget plan along with the Remedial Action
13    Plan. The budget plan must be set forth on forms
14    prescribed and provided by the Agency and must include,
15    but is not limited to, line item estimates of the costs
16    associated with each line item (such as personnel,
17    equipment, and materials) that the Remediation Applicant
18    anticipates will be incurred for the development and
19    implementation of the Remedial Action Plan. The Agency
20    must review the budget plan along with the Remedial Action
21    Plan to determine whether the estimated costs submitted
22    are remediation costs and whether the costs estimated for
23    the activities are reasonable.
24        (2) If the Remedial Action Plan is amended by the
25    Remediation Applicant or as a result of Agency action, the
26    corresponding budget plan must be revised accordingly and

 

 

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1    resubmitted for Agency review.
2        (3) The budget plan must be accompanied by the
3    applicable fee as set forth in subdivision (B)(j).
4        (4) Submittal of a budget plan must be deemed an
5    automatic 60-day waiver of the Remedial Action Plan review
6    deadlines set forth in this subsection (B) and rules
7    adopted under this subsection (B).
8        (5) Within the applicable period of review, the Agency
9    must issue a letter to the Remediation Applicant
10    approving, disapproving, or modifying the estimated
11    remediation costs submitted in the budget plan. If a
12    budget plan is disapproved or approved with modification
13    of estimated remediation costs, the Agency's letter must
14    set forth the reasons for the disapproval or modification.
15        (6) Within 35 days after receipt of an Agency letter
16    disapproving or modifying a budget plan, the Remediation
17    Applicant may appeal the Agency's decision to the Board in
18    the manner provided for the review of permits in Section
19    40 of this Act.
20    (j) The fees for reviews conducted by the Agency under
21this subsection (B) are in addition to any other fees or
22payments for Agency services rendered pursuant to the Site
23Remediation Program and are as follows:
24        (1) The fee for an application for review of
25    remediation costs is $1,000 for each site reviewed.
26        (2) The fee for the review of the budget plan

 

 

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1    submitted under subdivision (B)(i) is $500 for each site
2    reviewed.
3    The application fee and the fee for the review of the
4budget plan must be made payable to the State of Illinois, for
5deposit into the Brownfields Redevelopment Fund.
6    (k) Moneys in the Brownfields Redevelopment Fund may be
7used for the purposes of this Section, including payment for
8the costs of administering this subsection (B). Any moneys
9remaining in the Brownfields Site Restoration Program Fund on
10the effective date of this amendatory Act of the 92nd General
11Assembly shall be transferred to the Brownfields Redevelopment
12Fund. Total payments made to all Remediation Applicants by the
13Agency for purposes of this subsection (B) must not exceed
14$1,000,000 in State fiscal year 2002.
15    (l) The Department and the Agency is are authorized to
16enter into any contracts or agreements that may be necessary
17to carry out the Agency's their duties and responsibilities
18under this subsection (B).
19    (m) Within 6 months after the effective date of this
20amendatory Act of 2002, the Department of Commerce and
21Community Affairs (now Department of Commerce and Economic
22Opportunity) and the Agency must propose rules prescribing
23procedures and standards for the administration of this
24subsection (B). Within 9 months after receipt of the proposed
25rules, the Board shall adopt on second notice, pursuant to
26Sections 27 and 28 of this Act and the Illinois Administrative

 

 

10200HB2785ham002- 94 -LRB102 13785 CPF 24339 a

1Procedure Act, rules that are consistent with this subsection
2(B). Prior to the effective date of rules adopted under this
3subsection (B), the Department of Commerce and Community
4Affairs (now Department of Commerce and Economic Opportunity)
5and the Agency may conduct reviews of applications under this
6subsection (B) and the Agency is further authorized to
7distribute guidance documents on costs that are eligible or
8ineligible as remediation costs.
9(Source: P.A. 97-333, eff. 8-12-11.)
 
10    Section 960. The Solid Waste Planning and Recycling Act is
11amended by changing Section 7 as follows:
 
12    (415 ILCS 15/7)  (from Ch. 85, par. 5957)
13    Sec. 7. (a) Each county shall begin implementation of its
14waste management plan, including the recycling program, within
15one year of adoption of the plan. The county may enter into
16written agreements with other persons, including a
17municipality or persons transporting municipal waste on the
18effective date of this Act, pursuant to which the persons
19undertake to fulfill some or all of the county's
20responsibilities under this Act. A person who enters into an
21agreement shall be responsible with the county for the
22implementation of such programs.
23    (b) In implementing the recycling program, consideration
24for the collection, marketing and disposition of recyclable

 

 

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1materials shall be given to persons engaged in the business of
2recycling within the county on the effective date of this Act,
3whether or not the persons were operating for profit.
4    If a township within the county is operating a recycling
5program on the effective date of the plan which substantially
6conforms with or exceeds the requirements of the recycling
7program included in the plan, the township may continue to
8operate its recycling program, and such operation shall
9constitute, within the township, implementation of the
10recycling program included in the plan. A township may at any
11time adopt and implement a recycling program that is more
12stringent than that required by the county waste management
13plan.
14    (c) The Agency Department shall assist counties in
15implementing recycling programs under this Act, and may,
16pursuant to appropriation, make grants and loans from the
17Solid Waste Management Fund to counties or other units of
18local government for that purpose, to be used for capital
19assistance or for the payment of recycling diversion credits
20or for other recycling program purposes, in accordance with
21such guidelines as may be adopted by the Agency Department.
22(Source: P.A. 97-333, eff. 8-12-11.)
 
23    Section 970. The Illinois Solid Waste Management Act is
24amended by changing Sections 2.1, 3, 3.1, 6, 6a, and 7 as
25follows:
 

 

 

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1    (415 ILCS 20/2.1)  (from Ch. 111 1/2, par. 7052.1)
2    Sec. 2.1. Definitions. When used in this Act, unless the
3context otherwise requires, the following terms have the
4meanings ascribed to them in this Section:
5    "Agency" means the Environmental Protection Agency.
6    "Department", when a particular entity is not specified,
7means (i) in the case of a function to be performed on or after
8July 1, 1995 (the effective date of the Department of Natural
9Resources Act) and until the effective date of this amendatory
10Act of the 102nd General Assembly, the Department of Commerce
11and Community Affairs (now Department of Commerce and Economic
12Opportunity), as successor to the former Department of Energy
13and Natural Resources under the Department of Natural
14Resources Act; or (ii) in the case of a function required to be
15performed before July 1, 1995, the former Illinois Department
16of Energy and Natural Resources.
17    "Deinked stock" means paper that has been processed to
18remove inks, clays, coatings, binders and other contaminants.
19    "End product" means only those items that are designed to
20be used until disposal; items designed to be used in
21production of a subsequent item are excluded.
22    "High grade printing and writing papers" includes offset
23printing paper, duplicator paper, writing paper (stationery),
24office paper, note pads, xerographic paper, envelopes, form
25bond including computer paper and carbonless forms, book

 

 

10200HB2785ham002- 97 -LRB102 13785 CPF 24339 a

1papers, bond papers, ledger paper, book stock and cotton fiber
2papers.
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 production of an end
10product 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 recycled paperboard
23products, folding cartons and pad backing.
24    "Recycling" means the process by which solid waste is
25collected, separated and processed for reuse as either a raw
26material or a product which itself is subject to recycling,

 

 

10200HB2785ham002- 98 -LRB102 13785 CPF 24339 a

1but does not include the combustion of waste for energy
2recovery or volume reduction.
3    "Tissue products" includes toilet tissue, paper towels,
4paper napkins, facial tissue, paper doilies, industrial
5wipers, paper bags and brown papers.
6    "Unbleached packaging" includes corrugated and fiber
7boxes.
8    "USEPA Guidelines for federal procurement" means all
9minimum recycled content standards recommended by the U.S.
10Environmental Protection Agency.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    (415 ILCS 20/3)  (from Ch. 111 1/2, par. 7053)
13    Sec. 3. State agency materials recycling program.
14    (a) All State agencies responsible for the maintenance of
15public lands in the State shall, to the maximum extent
16feasible, use compost materials in all land maintenance
17activities which are to be paid with public funds.
18    (a-5) All State agencies responsible for the maintenance
19of public lands in the State shall review its procurement
20specifications and policies to determine (1) if incorporating
21compost materials will help reduce stormwater run-off and
22increase infiltration of moisture in land maintenance
23activities and (2) the current recycled content usage and
24potential for additional recycled content usage by the Agency
25in land maintenance activities and report to the General

 

 

10200HB2785ham002- 99 -LRB102 13785 CPF 24339 a

1Assembly by December 15, 2015.
2    (b) The Department of Central Management Services, in
3coordination with the Agency Department of Commerce and
4Economic Opportunity, shall implement waste reduction
5programs, including source separation and collection, for
6office wastepaper, corrugated containers, newsprint and mixed
7paper, in all State buildings as appropriate and feasible.
8Such waste reduction programs shall be designed to achieve
9waste reductions of at least 25% of all such waste by December
1031, 1995, and at least 50% of all such waste by December 31,
112000. Any source separation and collection program shall
12include, at a minimum, procedures for collecting and storing
13recyclable materials, bins or containers for storing
14materials, and contractual or other arrangements with buyers
15of recyclable materials. If market conditions so warrant, the
16Department of Central Management Services, in coordination
17with the Agency Department of Commerce and Economic
18Opportunity, may modify programs developed pursuant to this
19Section.
20    The Department of Commerce and Community Affairs (now
21Department of Commerce and Economic Opportunity) shall conduct
22waste categorization studies of all State facilities for
23calendar years 1991, 1995 and 2000. Such studies shall be
24designed to assist the Department of Central Management
25Services to achieve the waste reduction goals established in
26this subsection.

 

 

10200HB2785ham002- 100 -LRB102 13785 CPF 24339 a

1    (c) Each State agency shall, upon consultation with the
2Agency Department of Commerce and Economic Opportunity,
3periodically review its procurement procedures and
4specifications related to the purchase of products or
5supplies. Such procedures and specifications shall be modified
6as necessary to require the procuring agency to seek out
7products and supplies that contain recycled materials, and to
8ensure that purchased products or supplies are reusable,
9durable or made from recycled materials whenever economically
10and practically feasible. In choosing among products or
11supplies that contain recycled material, consideration shall
12be given to products and supplies with the highest recycled
13material content that is consistent with the effective and
14efficient use of the product or supply.
15    (d) Wherever economically and practically feasible, the
16Department of Central Management Services shall procure
17recycled paper and paper products as follows:
18        (1) Beginning July 1, 1989, at least 10% of the total
19    dollar value of paper and paper products purchased by the
20    Department of Central Management Services shall be
21    recycled paper and paper products.
22        (2) Beginning July 1, 1992, at least 25% of the total
23    dollar value of paper and paper products purchased by the
24    Department of Central Management Services shall be
25    recycled paper and paper products.
26        (3) Beginning July 1, 1996, at least 40% of the total

 

 

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1    dollar value of paper and paper products purchased by the
2    Department of Central Management Services shall be
3    recycled paper and paper products.
4        (4) Beginning July 1, 2000, at least 50% of the total
5    dollar value of paper and paper products purchased by the
6    Department of Central Management Services shall be
7    recycled paper and paper products.
8    (e) Paper and paper products purchased from private
9vendors pursuant to printing contracts are not considered
10paper products for the purposes of subsection (d). However,
11the Department of Central Management Services shall report to
12the General Assembly on an annual basis the total dollar value
13of printing contracts awarded to private sector vendors that
14included the use of recycled paper.
15        (f)(1) Wherever economically and practically feasible,
16    the recycled paper and paper products referred to in
17    subsection (d) shall contain postconsumer or recovered
18    paper materials as specified by paper category in this
19    subsection:
20            (i) Recycled high grade printing and writing paper
21        shall contain at least 50% recovered paper material.
22        Such recovered paper material, until July 1, 1994,
23        shall consist of at least 20% deinked stock or
24        postconsumer material; and beginning July 1, 1994,
25        shall consist of at least 25% deinked stock or
26        postconsumer material; and beginning July 1, 1996,

 

 

10200HB2785ham002- 102 -LRB102 13785 CPF 24339 a

1        shall consist of at least 30% deinked stock or
2        postconsumer material; and beginning July 1, 1998,
3        shall consist of at least 40% deinked stock or
4        postconsumer material; and beginning July 1, 2000,
5        shall consist of at least 50% deinked stock or
6        postconsumer material.
7            (ii) Recycled tissue products, until July 1, 1994,
8        shall contain at least 25% postconsumer material; and
9        beginning July 1, 1994, shall contain at least 30%
10        postconsumer material; and beginning July 1, 1996,
11        shall contain at least 35% postconsumer material; and
12        beginning July 1, 1998, shall contain at least 40%
13        postconsumer material; and beginning July 1, 2000,
14        shall contain at least 45% postconsumer material.
15            (iii) Recycled newsprint, until July 1, 1994,
16        shall contain at least 40% postconsumer material; and
17        beginning July 1, 1994, shall contain at least 50%
18        postconsumer material; and beginning July 1, 1996,
19        shall contain at least 60% postconsumer material; and
20        beginning July 1, 1998, shall contain at least 70%
21        postconsumer material; and beginning July 1, 2000,
22        shall contain at least 80% postconsumer material.
23            (iv) Recycled unbleached packaging, until July 1,
24        1994, shall contain at least 35% postconsumer
25        material; and beginning July 1, 1994, shall contain at
26        least 40% postconsumer material; and beginning July 1,

 

 

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1        1996, shall contain at least 45% postconsumer
2        material; and beginning July 1, 1998, shall contain at
3        least 50% postconsumer material; and beginning July 1,
4        2000, shall contain at least 55% postconsumer
5        material.
6            (v) Recycled paperboard, until July 1, 1994, shall
7        contain at least 80% postconsumer material; and
8        beginning July 1, 1994, shall contain at least 85%
9        postconsumer material; and beginning July 1, 1996,
10        shall contain at least 90% postconsumer material; and
11        beginning July 1, 1998, shall contain at least 95%
12        postconsumer material.
13        (2) For the purposes of this Section, "postconsumer
14    material" includes:
15            (i) paper, paperboard, and fibrous wastes from
16        retail stores, office buildings, homes, and so forth,
17        after the waste has passed through its end usage as a
18        consumer item, including used corrugated boxes, old
19        newspapers, mixed waste paper, tabulating cards, and
20        used cordage; and
21            (ii) all paper, paperboard, and fibrous wastes
22        that are diverted or separated from the municipal
23        solid waste stream.
24        (3) For the purposes of this Section, "recovered paper
25    material" includes:
26            (i) postconsumer material;

 

 

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1            (ii) dry paper and paperboard waste generated
2        after completion of the papermaking process (that is,
3        those manufacturing operations up to and including the
4        cutting and trimming of the paper machine reel into
5        smaller rolls or rough sheets), including envelope
6        cuttings, bindery trimmings, and other paper and
7        paperboard waste resulting from printing, cutting,
8        forming, and other converting operations, or from bag,
9        box and carton manufacturing, and butt rolls, mill
10        wrappers, and rejected unused stock; and
11            (iii) finished paper and paperboard from obsolete
12        inventories of paper and paperboard manufacturers,
13        merchants, wholesalers, dealers, printers, converters,
14        or others.
15    (g) The Department of Central Management Services may
16adopt regulations to carry out the provisions and purposes of
17this Section.
18    (h) Every State agency shall, in its procurement
19documents, specify that, whenever economically and practically
20feasible, a product to be procured must consist, wholly or in
21part, of recycled materials, or be recyclable or reusable in
22whole or in part. When applicable, if state guidelines are not
23already prescribed, State agencies shall follow USEPA
24guidelines for federal procurement.
25    (i) All State agencies shall cooperate with the Department
26of Central Management Services in carrying out this Section.

 

 

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1The Department of Central Management Services may enter into
2cooperative purchasing agreements with other governmental
3units in order to obtain volume discounts, or for other
4reasons in accordance with the Governmental Joint Purchasing
5Act, or in accordance with the Intergovernmental Cooperation
6Act if governmental units of other states or the federal
7government are involved.
8    (j) The Department of Central Management Services shall
9submit an annual report to the General Assembly concerning its
10implementation of the State's collection and recycled paper
11procurement programs. This report shall include a description
12of the actions that the Department of Central Management
13Services has taken in the previous fiscal year to implement
14this Section. This report shall be submitted on or before
15November 1 of each year.
16    (k) The Department of Central Management Services, in
17cooperation with all other appropriate departments and
18agencies of the State, shall institute whenever economically
19and practically feasible the use of re-refined motor oil in
20all State-owned motor vehicles and the use of remanufactured
21and retread tires whenever such use is practical, beginning no
22later than July 1, 1992.
23    (l) (Blank).
24    (m) The Department of Central Management Services, in
25coordination with the Department of Commerce and Community
26Affairs (now Department of Commerce and Economic Opportunity),

 

 

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1has implemented an aluminum can recycling program in all State
2buildings within 270 days of the effective date of this
3amendatory Act of 1997. The program provides for (1) the
4collection and storage of used aluminum cans in bins or other
5appropriate containers made reasonably available to occupants
6and visitors of State buildings and (2) the sale of used
7aluminum cans to buyers of recyclable materials.
8    Proceeds from the sale of used aluminum cans shall be
9deposited into I-CYCLE accounts maintained in the Facilities
10Management Revolving Fund and, subject to appropriation, shall
11be used by the Department of Central Management Services and
12any other State agency to offset the costs of implementing the
13aluminum can recycling program under this Section.
14    All State agencies having an aluminum can recycling
15program in place shall continue with their current plan. If a
16State agency has an existing recycling program in place,
17proceeds from the aluminum can recycling program may be
18retained and distributed pursuant to that program, otherwise
19all revenue resulting from these programs shall be forwarded
20to Central Management Services, I-CYCLE for placement into the
21appropriate account within the Facilities Management Revolving
22Fund, minus any operating costs associated with the program.
23(Source: P.A. 101-636, eff. 6-10-20.)
 
24    (415 ILCS 20/3.1)  (from Ch. 111 1/2, par. 7053.1)
25    Sec. 3.1. Institutions of higher learning.

 

 

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1    (a) For purposes of this Section "State-supported
2institutions of higher learning" or "institutions" means the
3University of Illinois, Southern Illinois University, the
4colleges and universities under the jurisdiction of the Board
5of Governors of State Colleges and Universities, the colleges
6and universities under the jurisdiction of the Board of
7Regents of Regency Universities, and the public community
8colleges subject to the Public Community College Act.
9    (b) Each State-supported institution of higher learning
10shall develop a comprehensive waste reduction plan covering a
11period of 10 years which addresses the management of solid
12waste generated by academic, administrative, student housing
13and other institutional functions. The waste reduction plan
14shall be developed by January 1, 1995. The initial plan
15required under this Section shall be updated by the
16institution every 5 years, and any proposed amendments to the
17plan shall be submitted for review in accordance with
18subsection (f).
19    (c) Each waste reduction plan shall address, at a minimum,
20the following topics: existing waste generation by volume,
21waste composition, existing waste reduction and recycling
22activities, waste collection and disposal costs, future waste
23management methods, and specific goals to reduce the amount of
24waste generated that is subject to landfill disposal.
25    (d) Each waste reduction plan shall provide for recycling
26of marketable materials currently present in the institution's

 

 

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1waste stream, including but not limited to landscape waste,
2corrugated cardboard, computer paper, and white office paper,
3and shall provide for the investigation of potential markets
4for other recyclable materials present in the institution's
5waste stream. The recycling provisions of the waste reduction
6plan shall be designed to achieve, by January 1, 2000, at least
7a 40% reduction (referenced to a base year of 1987) in the
8amount of solid waste that is generated by the institution and
9identified in the waste reduction plan as being subject to
10landfill disposal.
11    (e) Each waste reduction plan shall evaluate the
12institution's procurement policies and practices to eliminate
13procedures which discriminate against items with recycled
14content, and to identify products or items which are procured
15by the institution on a frequent or repetitive basis for which
16products with recycled content may be substituted. Each waste
17reduction plan shall prescribe that it will be the policy of
18the institution to purchase products with recycled content
19whenever such products have met specifications and standards
20of equivalent products which do not contain recycled content.
21    (f) Each waste reduction plan developed in accordance with
22this Section shall be submitted to the Agency Department of
23Commerce and Economic Opportunity for review and approval. The
24Agency's Department's review shall be conducted in cooperation
25with the Board of Higher Education and the Illinois Community
26College Board.

 

 

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1    (g) The Agency Department of Commerce and Economic
2Opportunity shall provide technical assistance, technical
3materials, workshops and other information necessary to assist
4in the development and implementation of the waste reduction
5plans. The Agency Department shall develop guidelines and
6funding criteria for providing grant assistance to
7institutions for the implementation of approved waste
8reduction plans.
9(Source: P.A. 94-793, eff. 5-19-06.)
 
10    (415 ILCS 20/6)  (from Ch. 111 1/2, par. 7056)
11    Sec. 6. The Agency Department of Commerce and Economic
12Opportunity shall be the lead agency for implementation of
13this Act and shall have the following powers:
14    (a) To provide technical and educational assistance for
15applications of technologies and practices which will minimize
16the land disposal of non-hazardous solid waste; economic
17feasibility of implementation of solid waste management
18alternatives; analysis of markets for recyclable materials and
19energy products; application of the Geographic Information
20System to provide analysis of natural resource, land use, and
21environmental impacts; evaluation of financing and ownership
22options; and evaluation of plans prepared by units of local
23government pursuant to Section 22.15 of the Environmental
24Protection Act.
25    (b) (Blank).

 

 

10200HB2785ham002- 110 -LRB102 13785 CPF 24339 a

1    (c) To provide loans or recycling and composting grants to
2businesses and not-for-profit and governmental organizations
3for the purposes of increasing the quantity of materials
4recycled or composted in Illinois; developing and implementing
5innovative recycling methods and technologies; developing and
6expanding markets for recyclable materials; and increasing the
7self-sufficiency of the recycling industry in Illinois. The
8Agency Department shall work with and coordinate its
9activities with existing for-profit and not-for-profit
10collection and recycling systems to encourage orderly growth
11in the supply of and markets for recycled materials and to
12assist existing collection and recycling efforts.
13    The Agency Department shall develop a public education
14program concerning the importance of both composting and
15recycling in order to preserve landfill space in Illinois.
16    (d) To establish guidelines and funding criteria for the
17solicitation of projects under this Act, and to receive and
18evaluate applications for loans or grants for solid waste
19management projects based upon such guidelines and criteria.
20Funds may be loaned with or without interest.
21    (e) To support and coordinate solid waste research in
22Illinois, and to approve the annual solid waste research
23agenda prepared by the University of Illinois.
24    (f) To provide loans or grants for research, development
25and demonstration of innovative technologies and practices,
26including but not limited to pilot programs for collection and

 

 

10200HB2785ham002- 111 -LRB102 13785 CPF 24339 a

1disposal of household wastes.
2    (g) To promulgate such rules and regulations as are
3necessary to carry out the purposes of subsections (c), (d)
4and (f) of this Section.
5    (h) (Blank). To cooperate with the Environmental
6Protection Agency for the purposes specified herein.
7    The Agency Department is authorized to accept any and all
8grants, repayments of interest and principal on loans,
9matching funds, reimbursements, appropriations, income derived
10from investments, or other things of value from the federal or
11state governments or from any institution, person,
12partnership, joint venture, corporation, public or private.
13    The Agency Department is authorized to use moneys
14available for that purpose, subject to appropriation,
15expressly for the purpose of implementing a loan program
16according to procedures established pursuant to this Act.
17Those moneys shall be used by the Agency Department for the
18purpose of financing additional projects and for the Agency's
19Department's administrative expenses related thereto.
20(Source: P.A. 100-621, eff. 7-20-18.)
 
21    (415 ILCS 20/6a)  (from Ch. 111 1/2, par. 7056a)
22    Sec. 6a. The Agency Department of Commerce and Economic
23Opportunity shall:
24        (1) Work with nationally based consumer groups and
25    trade associations to support the development of

 

 

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1    nationally recognized logos which may be used to indicate
2    whether a container and any other consumer products which
3    are claimed to be recyclable by a product manufacturer are
4    recyclable, compostable, or biodegradable.
5        (2) Work with nationally based consumer groups and
6    trade associations to develop nationally recognized
7    criteria for determining under what conditions the logos
8    may be used.
9        (3) Develop and conduct a public education and
10    awareness campaign to encourage the public to look for and
11    buy products in containers which are recyclable or made of
12    recycled materials.
13        (4) Develop and prepare educational materials
14    describing the benefits and methods of recycling for
15    distribution to elementary schools in Illinois.
16(Source: P.A. 99-306, eff. 1-1-16.)
 
17    (415 ILCS 20/7)  (from Ch. 111 1/2, par. 7057)
18    Sec. 7. It is the intent of this Act to provide the
19framework for a comprehensive solid waste management program
20in Illinois.
21    The Department shall prepare and submit to the Governor
22and the General Assembly on or before January 1, 1992, a report
23evaluating the effectiveness of the programs provided under
24this Act and Section 22.14 of the Environmental Protection
25Act; assessing the need for a continuation of existing

 

 

10200HB2785ham002- 113 -LRB102 13785 CPF 24339 a

1programs, development and implementation of new programs and
2appropriate funding mechanisms; and recommending legislative
3and administrative action to fully implement a comprehensive
4solid waste management program in Illinois.
5    The Department shall investigate the suitability and
6advisability of providing tax incentives for Illinois
7businesses to use recycled products and purchase or lease
8recycling equipment and shall report to the Governor and the
9General Assembly by January 1, 1987 on the results of this
10investigation.
11    By July 1, 1989, the Department shall submit to the
12Governor and members of the General Assembly a waste reduction
13report:
14        (a) that describes various mechanisms that could be
15    utilized to stimulate and enhance the reduction of
16    industrial and post-consumer waste in the State, including
17    their advantages and disadvantages. The mechanisms to be
18    analyzed shall include, but not be limited to, incentives
19    for prolonging product life, methods for ensuring product
20    recyclability, taxes for excessive packaging, tax
21    incentives, prohibitions on the use of certain products,
22    and performance standards for products; and
23        (b) that includes specific recommendations to
24    stimulate and enhance waste reduction in the industrial
25    and consumer sector, including, but not limited to,
26    legislation, financial incentives and disincentives, and

 

 

10200HB2785ham002- 114 -LRB102 13785 CPF 24339 a

1    public education.
2    The Agency Department of Commerce and Economic
3Opportunity, with the cooperation of the State Board of
4Education, the Illinois Environmental Protection Agency, and
5others as needed, shall develop, coordinate and conduct an
6education program for solid waste management and recycling.
7The program shall include, but not be limited to, education
8for the general public, businesses, government, educators and
9students.
10    The education program shall address, at a minimum, the
11following topics: the solid waste management alternatives of
12recycling, composting, and source reduction; resource
13allocation and depletion; solid waste planning; reuse of
14materials; pollution prevention; and household hazardous
15waste.
16    The Agency Department of Commerce and Economic Opportunity
17shall cooperate with municipal and county governments,
18regional school superintendents, educational educational
19service centers, local school districts, and planning agencies
20and committees to coordinate local and regional education
21programs and workshops and to expedite the exchange of
22technical information.
23    By March 1, 1989, the Department shall prepare a report on
24strategies for distributing and marketing landscape waste
25compost from centralized composting sites operated by units of
26local government. The report shall, at a minimum, evaluate the

 

 

10200HB2785ham002- 115 -LRB102 13785 CPF 24339 a

1effects of product quality, assured supply, cost and public
2education on the availability of compost, free delivery, and
3public sales composting program. The evaluation of public
4sales programs shall focus on direct retail sale of bagged
5compost at the site or special distribution centers and bulk
6sale of finished compost to wholesalers for resale.
7(Source: P.A. 101-81, eff. 7-12-19.)
 
8    Section 975. The Recycled Newsprint Use Act is amended by
9adding Section 2002.03 and by changing Sections 2004, 2005,
102007, 2008, 2010, 2011, 2012, and 2013 as follows:
 
11    (415 ILCS 110/2002.03 new)
12    Sec. 2002.03. Agency. "Agency" means the Environmental
13Protection Agency.
 
14    (415 ILCS 110/2004)  (from Ch. 96 1/2, par. 9754)
15    Sec. 2004. Consumer usage certification. Each consumer of
16newsprint within the State shall, on or before March 1 of each
17year, certify to the Agency Department the amount in tons of
18every type of newsprint used by the consumer of newsprint the
19previous year and the percentage of recycled fibers present in
20each type of newsprint, so that the Agency Department can
21calculate the recycled fiber usage for that consumer of
22newsprint. All Illinois consumers of newsprint shall submit
23the first consumer usage certificate by March 1, 1992, for the

 

 

10200HB2785ham002- 116 -LRB102 13785 CPF 24339 a

1calendar year 1991. Only consumers of newsprint who provide
2timely usage certificates shall receive credit for recycled
3fiber usage.
4(Source: P.A. 91-583, eff. 1-1-00.)
 
5    (415 ILCS 110/2005)  (from Ch. 96 1/2, par. 9755)
6    Sec. 2005. Audit. Every consumer of newsprint who submits
7recycled fiber usage certification may be subject to an audit
8by the Agency Department to ensure that the recycled fiber
9percentage requirement was met.
10(Source: P.A. 86-1443.)
 
11    (415 ILCS 110/2007)  (from Ch. 96 1/2, par. 9757)
12    Sec. 2007. List identifying consumers and suppliers. For
13the purposes of implementing and enforcing this Act, the
14Agency Department shall develop and maintain a list that
15identifies every consumer of newsprint in Illinois and every
16person who supplies a consumer of newsprint with newsprint.
17The Agency Department may use information from local business
18permits, trade publications, or any other relevant information
19to develop the list.
20(Source: P.A. 86-1443.)
 
21    (415 ILCS 110/2008)  (from Ch. 96 1/2, par. 9758)
22    Sec. 2008. Comparable quality standards.
23    (a) For the purposes of implementing and enforcing this

 

 

10200HB2785ham002- 117 -LRB102 13785 CPF 24339 a

1Act, the Agency Department shall set comparable quality
2standards for each of the grades of newsprint available from
3all suppliers of newsprint to determine the comparable quality
4of recycled content newsprint to virgin material. The
5standards shall be based on the average numerical standards of
6printing opacity, brightness level, and cross machine tear
7strength.
8    (b) The Agency Department shall review its standards at
9least once every 2 years and determine whether they should be
10adjusted to reflect changes in industry standards and
11practices, and if so, the Agency Department shall set new
12standards.
13(Source: P.A. 86-1443.)
 
14    (415 ILCS 110/2010)  (from Ch. 96 1/2, par. 9760)
15    Sec. 2010. Content of delivered newsprint. If any person
16knowingly provides a consumer of newsprint with a false or
17misleading certificate concerning the recycled fiber
18percentage of the delivered newsprint, the Agency Department,
19within 30 days of making this determination, shall refer the
20false or misleading certificate to the Attorney General for
21prosecution for fraud.
22(Source: P.A. 86-1443.)
 
23    (415 ILCS 110/2011)  (from Ch. 96 1/2, par. 9761)
24    Sec. 2011. Consumer use certificate. Any consumer of

 

 

10200HB2785ham002- 118 -LRB102 13785 CPF 24339 a

1newsprint who knowingly provides the Agency Department with a
2false or misleading certificate concerning the percentage of
3recycled fiber used commits a Class C misdemeanor, and the
4Agency Department, within 30 days of making this
5determination, shall refer the false or misleading certificate
6to the Attorney General for prosecution.
7(Source: P.A. 86-1443.)
 
8    (415 ILCS 110/2012)  (from Ch. 96 1/2, par. 9762)
9    Sec. 2012. Prices; confidential proprietary information.
10Specific information on newsprint prices included as part of a
11certificate submitted to the Agency Department by newsprint
12consumers or suppliers is proprietary information and shall
13not be made available to the general public.
14(Source: P.A. 86-1443.)
 
15    (415 ILCS 110/2013)  (from Ch. 96 1/2, par. 9763)
16    Sec. 2013. Mandatory recycling.
17    (a) If the Department determines that the 1993 annual
18aggregate average of recycled fiber usage does not meet or
19exceed the goal established in Section 2003 of this Act, the
20provisions of this Section shall be implemented.
21    (b) During the year 1994 every consumer of newsprint in
22Illinois shall be required to ensure that its recycled fiber
23usage is at least 28%, unless he complies with subsection (c)
24or (d).

 

 

10200HB2785ham002- 119 -LRB102 13785 CPF 24339 a

1    (c) If recycled content newsprint cannot be found that
2meets quality standards established by the Agency Department,
3or if recycled content newsprint cannot be found in sufficient
4quantities to meet recycled fiber usage requirements within a
5given year, or if recycled newsprint cannot be found at a price
6comparable to that of newsprint made from 100% virgin fibers,
7the consumer of newsprint shall so certify to the Agency
8Department and provide the Agency Department with the specific
9reasons for failing to meet recycled fiber usage requirements.
10    (d) A consumer of newsprint who has made previous
11contracts with newsprint suppliers before January 1, 1991, may
12be exempt from the requirements of this Act if those
13requirements are in conflict with the agreements set forth in
14the contract. The consumer of newsprint must conform to the
15conditions of this Act immediately upon expiration or
16nullification of the contract. Contracts may not be entered
17into or renewed as an attempt to evade the requirements of this
18Act.
19    (e) Any consumer of newsprint who knowingly provides the
20Agency Department with a false or misleading certificate
21concerning why the consumer of newsprint was unable to obtain
22the minimum amount of recycled content newsprint needed to
23achieve the recycled fiber usage requirements, commits a Class
24C misdemeanor, and the Agency Department, within 30 days of
25making this determination, shall refer the false or misleading
26certificate to the Attorney General for prosecution.

 

 

10200HB2785ham002- 120 -LRB102 13785 CPF 24339 a

1    (f) Any person who knowingly violates subsection (b) of
2this Section is guilty of a business offense punishable by a
3fine of not more than $1,000.
4(Source: P.A. 90-655, eff. 7-30-98.)
 
5    Section 980. The Alternate Fuels Act is amended by
6changing Sections 15, 31, and 32 as follows:
 
7    (415 ILCS 120/15)
8    Sec. 15. Rulemaking. The Agency shall promulgate rules and
9dedicate sufficient resources to implement the purposes of
10Section 30 of this Act. Such rules shall be consistent with the
11provisions of the Clean Air Act Amendments of 1990 and any
12regulations promulgated pursuant thereto. The Secretary of
13State may promulgate rules to implement Section 35 of this
14Act. The Agency Department of Commerce and Economic
15Opportunity may promulgate rules to implement Section 25 of
16this Act.
17(Source: P.A. 94-793, eff. 5-19-06.)
 
18    (415 ILCS 120/31)
19    Sec. 31. Alternate Fuel Infrastructure Program. Subject to
20appropriation, the Agency may Department of Commerce and
21Community Affairs (now Department of Commerce and Economic
22Opportunity) shall establish a grant program to provide
23funding for the building of E85 blend, propane, at least 20%

 

 

10200HB2785ham002- 121 -LRB102 13785 CPF 24339 a

1biodiesel blended fuel, and compressed natural gas (CNG)
2fueling facilities, including private on-site fueling
3facilities, to be built within the covered area or in Illinois
4metropolitan areas over 100,000 in population. The Agency
5Department of Commerce and Economic Opportunity shall be
6responsible for reviewing the proposals and awarding the
7grants.
8(Source: P.A. 94-62, eff. 6-20-05.)
 
9    (415 ILCS 120/32)
10    Sec. 32. Clean Fuel Education Program. Subject to
11appropriation, the Agency Department of Commerce and Economic
12Opportunity, in cooperation with the Agency and Chicago Area
13Clean Cities, may shall administer the Clean Fuel Education
14Program, the purpose of which is to educate fleet
15administrators and Illinois' citizens about the benefits of
16using alternate fuels. The program shall include a media
17campaign.
18(Source: P.A. 94-793, eff. 5-19-06.)
 
19    Section 995. The Prevailing Wage Act is amended by
20changing Section 2 as follows:
 
21    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
22    Sec. 2. This Act applies to the wages of laborers,
23mechanics and other workers employed in any public works, as

 

 

10200HB2785ham002- 122 -LRB102 13785 CPF 24339 a

1hereinafter defined, by any public body and to anyone under
2contracts for public works. This includes any maintenance,
3repair, assembly, or disassembly work performed on equipment
4whether owned, leased, or rented.
5    As used in this Act, unless the context indicates
6otherwise:
7    "Public works" means all fixed works constructed or
8demolished by any public body, or paid for wholly or in part
9out of public funds. "Public works" as defined herein includes
10all projects financed in whole or in part with bonds, grants,
11loans, or other funds made available by or through the State or
12any of its political subdivisions, including but not limited
13to: bonds issued under the Industrial Project Revenue Bond Act
14(Article 11, Division 74 of the Illinois Municipal Code), the
15Industrial Building Revenue Bond Act, the Illinois Finance
16Authority Act, the Illinois Sports Facilities Authority Act,
17or the Build Illinois Bond Act; loans or other funds made
18available pursuant to the Build Illinois Act; loans or other
19funds made available pursuant to the Riverfront Development
20Fund under Section 10-15 of the River Edge Redevelopment Zone
21Act; or funds from the Fund for Illinois' Future under Section
226z-47 of the State Finance Act, funds for school construction
23under Section 5 of the General Obligation Bond Act, funds
24authorized under Section 3 of the School Construction Bond
25Act, funds for school infrastructure under Section 6z-45 of
26the State Finance Act, and funds for transportation purposes

 

 

10200HB2785ham002- 123 -LRB102 13785 CPF 24339 a

1under Section 4 of the General Obligation Bond Act. "Public
2works" also includes (i) all projects financed in whole or in
3part with funds from the Environmental Protection Agency
4Department of Commerce and Economic Opportunity under the
5Illinois Renewable Fuels Development Program Act for which
6there is no project labor agreement; (ii) all work performed
7pursuant to a public private agreement under the Public
8Private Agreements for the Illiana Expressway Act or the
9Public-Private Agreements for the South Suburban Airport Act;
10and (iii) all projects undertaken under a public-private
11agreement under the Public-Private Partnerships for
12Transportation Act. "Public works" also includes all projects
13at leased facility property used for airport purposes under
14Section 35 of the Local Government Facility Lease Act. "Public
15works" also includes the construction of a new wind power
16facility by a business designated as a High Impact Business
17under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone
18Act. "Public works" does not include work done directly by any
19public utility company, whether or not done under public
20supervision or direction, or paid for wholly or in part out of
21public funds. "Public works" also includes any corrective
22action performed pursuant to Title XVI of the Environmental
23Protection Act for which payment from the Underground Storage
24Tank Fund is requested. "Public works" does not include
25projects undertaken by the owner at an owner-occupied
26single-family residence or at an owner-occupied unit of a

 

 

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1multi-family residence. "Public works" does not include work
2performed for soil and water conservation purposes on
3agricultural lands, whether or not done under public
4supervision or paid for wholly or in part out of public funds,
5done directly by an owner or person who has legal control of
6those lands.
7    "Construction" means all work on public works involving
8laborers, workers or mechanics. This includes any maintenance,
9repair, assembly, or disassembly work performed on equipment
10whether owned, leased, or rented.
11    "Locality" means the county where the physical work upon
12public works is performed, except (1) that if there is not
13available in the county a sufficient number of competent
14skilled laborers, workers and mechanics to construct the
15public works efficiently and properly, "locality" includes any
16other county nearest the one in which the work or construction
17is to be performed and from which such persons may be obtained
18in sufficient numbers to perform the work and (2) that, with
19respect to contracts for highway work with the Department of
20Transportation of this State, "locality" may at the discretion
21of the Secretary of the Department of Transportation be
22construed to include two or more adjacent counties from which
23workers may be accessible for work on such construction.
24    "Public body" means the State or any officer, board or
25commission of the State or any political subdivision or
26department thereof, or any institution supported in whole or

 

 

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1in part by public funds, and includes every county, city,
2town, village, township, school district, irrigation, utility,
3reclamation improvement or other district and every other
4political subdivision, district or municipality of the state
5whether such political subdivision, municipality or district
6operates under a special charter or not.
7    "Labor organization" means an organization that is the
8exclusive representative of an employer's employees recognized
9or certified pursuant to the National Labor Relations Act.
10    The terms "general prevailing rate of hourly wages",
11"general prevailing rate of wages" or "prevailing rate of
12wages" when used in this Act mean the hourly cash wages plus
13annualized fringe benefits for training and apprenticeship
14programs approved by the U.S. Department of Labor, Bureau of
15Apprenticeship and Training, health and welfare, insurance,
16vacations and pensions paid generally, in the locality in
17which the work is being performed, to employees engaged in
18work of a similar character on public works.
19(Source: P.A. 100-1177, eff. 6-1-19.)
 
20    Section 9995. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that
24text does not accelerate or delay the taking effect of (i) the
25changes made by this Act or (ii) provisions derived from any

 

 

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1other Public Act.
 
2    Section 9997. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 9999. Effective date. This Act takes effect upon
5becoming law.".