Full Text of HB3086 103rd General Assembly
HB3086sam002 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 5/11/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3086
| 2 | | AMENDMENT NO. ______. Amend House Bill 3086 on page 1, | 3 | | line 5, by replacing "and 13.3" with "13.3, and 19"; and
| 4 | | on page 17, immediately below line 1, by inserting the | 5 | | following:
| 6 | | "(415 ILCS 60/19) (from Ch. 5, par. 819)
| 7 | | Sec. 19. Interagency Committee on Pesticides. The Director | 8 | | is authorized
to create an interagency committee on | 9 | | pesticides. Its purpose is to study
and advise on the use of | 10 | | pesticides on State property. Also, its purpose
is to advise | 11 | | any State agency in connection with quarantine programs or
the | 12 | | protection of the public health and welfare, and to recommend | 13 | | needed
legislation concerning pesticides.
| 14 | | 1. An interagency committee on pesticides shall consist | 15 | | of: (1) the
Director of the Department of Agriculture, (2) the | 16 | | Director of Natural
Resources, (3) the Director of the |
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| 1 | | Environmental
Protection Agency, (4) the Director of the | 2 | | Department of Public Health, (5)
the Secretary of the | 3 | | Department of Transportation, (6) the President of the | 4 | | University of Illinois or his or her designee representing the
| 5 | | State Natural History Survey and (7) the Dean of the College of
| 6 | | Agriculture, University of Illinois. Each member of the | 7 | | committee may
designate some person in his department to serve | 8 | | on the committee in
his stead. Other State agencies may, at the | 9 | | discretion of the Director,
be asked to serve on the | 10 | | interagency committee on pesticides. The Director
of the | 11 | | Department of Agriculture shall be chairman of this committee.
| 12 | | 2. The interagency committee shall: (1) Review the current | 13 | | status of
the sales and use of pesticides within the State of | 14 | | Illinois. (2) Review
pesticide programs to be sponsored or | 15 | | directed by a governmental agency.
(3) Consider the problems | 16 | | arising from pesticide use with particular emphasis
on the | 17 | | possible adverse effects on human health, livestock, crops, | 18 | | fish,
and wildlife, business, industry, agriculture, or the | 19 | | general public. (4)
Recommend legislation to the Governor, if | 20 | | appropriate, which will prohibit
the irresponsible use of | 21 | | pesticides. (5) Review rules and regulations
pertaining to the | 22 | | regulation or prohibition of the sale, use or application
of | 23 | | pesticides and labeling of pesticides for approval prior to | 24 | | promulgation
and adoption. (6) Contact various experts and lay | 25 | | groups, such as the
Illinois Pesticide Control Committee, to | 26 | | obtain their views and
cooperation. (7) Advise on and approve |
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| 1 | | of all programs involving the use of
pesticides on State owned | 2 | | property, state controlled property, or
administered by State | 3 | | agencies. (8) Examine, with the assistance of the Department | 4 | | of Agriculture, the possibility of using continuing education | 5 | | courses to satisfy pesticide applicator competency | 6 | | requirements required for existing licensees. This shall not | 7 | | be construed to include
research programs, or the generally | 8 | | accepted and approved practices
essential to good farm and | 9 | | institutional management on the premises of the
various State | 10 | | facilities.
| 11 | | 3. Members of this committee shall receive no compensation | 12 | | for their
services as members of this committee other than | 13 | | that provided by law for
their respective positions with the | 14 | | State of Illinois. All necessary
expenses for travel of the | 15 | | committee members shall be paid out of regular
appropriations | 16 | | of their respective agencies.
| 17 | | 4. The committee shall meet at least once each quarter of | 18 | | the calendar
year, and may hold additional meetings upon the | 19 | | call of the chairman. Four
members shall constitute a quorum.
| 20 | | 5. The committee shall make a detailed report of its | 21 | | findings and
recommendations to the Governor of Illinois prior | 22 | | to each General
Assembly Session.
| 23 | | 6. The Interagency Committee on Pesticides shall, at a | 24 | | minimum,
annually, during the spring, conduct a statewide | 25 | | public education campaign
and agriculture chemical safety | 26 | | campaign to inform the public about
pesticide products, uses |
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| 1 | | and safe disposal techniques. A toll-free hot
line number | 2 | | shall be made available for the public to report misuse cases.
| 3 | | The Committee shall include in its educational program | 4 | | information and
advice about the effects of various pesticides | 5 | | and application techniques
upon the groundwater and drinking | 6 | | water of the State.
| 7 | | 7. The Interagency Committee on Pesticides shall conduct a | 8 | | special
study of the effects of chemigation and other | 9 | | agricultural applications of
pesticides upon the groundwater | 10 | | of this State. The results of such study
shall be reported to | 11 | | the General Assembly by March 1, 1989. The members of
the | 12 | | Committee may utilize the technical and clerical resources of | 13 | | their
respective departments and agencies as necessary or | 14 | | useful in the conduct
of the study.
| 15 | | 8. In consultation with the Interagency Committee, the | 16 | | Department
shall develop, and the Interagency Committee shall | 17 | | approve,
procedures, methods, and guidelines for addressing | 18 | | agrichemical
pesticide contamination at agrichemical | 19 | | facilities in Illinois. In
developing those procedures, | 20 | | methods, and guidelines, the following shall
be considered and | 21 | | addressed: (1) an evaluation and assessment of site
conditions | 22 | | and operational practices at agrichemical facilities where
| 23 | | agricultural pesticides are handled; (2) what constitutes | 24 | | pesticide
contamination; (3) cost effective procedures for | 25 | | site assessments and
technologies for remedial action; and (4) | 26 | | achievement of adequate
protection of public health and the |
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| 1 | | environment from such actual or
potential hazards. In | 2 | | consultation with the Interagency Committee, the Department
| 3 | | shall develop, and the Interagency Committee shall approve, | 4 | | guidelines and
recommendations regarding long term financial | 5 | | resources which may be
necessary to remediate pesticide | 6 | | contamination at agrichemical facilities
in Illinois. The | 7 | | Department, in consultation with the Interagency
Committee, | 8 | | shall present a report on those guidelines and
recommendations | 9 | | to the Governor and the General Assembly on or before
January | 10 | | 1, 1993. The Department and the Interagency Committee shall
| 11 | | consult with the Illinois Pesticide Control
Committee and | 12 | | other appropriate parties during this development process.
| 13 | | 9. As part of the consideration of cost effective | 14 | | technologies pursuant
to subsection 8 of this Section, the | 15 | | Department may, upon request, provide
a written authorization | 16 | | to the owner or operator of an agrichemical
facility for land | 17 | | application of agrichemical contaminated
soils at agronomic | 18 | | rates.
As used in this Section, "agrichemical" means | 19 | | pesticides or commercial
fertilizers, at an agrichemical | 20 | | facility, in transit from an agrichemical
facility to the | 21 | | field of application, or at the field of application.
The | 22 | | written authorization may also provide for use
of groundwater | 23 | | contaminated by the release of an agrichemical,
provided
that | 24 | | the groundwater is not also contaminated due to the release of | 25 | | a
petroleum product or hazardous substance other than an | 26 | | agrichemical. The uses
of agrichemical contaminated |
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| 1 | | groundwater authorized by the
Department shall be
limited to | 2 | | supervised application or irrigation onto farmland and | 3 | | blending
as make-up water in the preparation of agrichemical | 4 | | spray solutions that
are to be applied to farmland. In either | 5 | | case, the use of the agrichemical
contaminated water shall not | 6 | | cause (i) the total annual application amounts
of a pesticide | 7 | | to exceed the respective pesticide label application
rate on | 8 | | any authorized sites
or (ii) the total annual application | 9 | | amounts of a fertilizer to exceed the
generally accepted | 10 | | annual application rate on any authorized sites. All
| 11 | | authorizations shall prescribe
appropriate operational control | 12 | | practices to protect the site of application
and shall | 13 | | identify each site or sites where land
application or | 14 | | irrigation take place. Where agrichemical
contaminated
| 15 | | groundwater is used on farmland, the prescribed practices | 16 | | shall be designed
to prevent off-site runoff or conveyance | 17 | | through underground tile
systems. The Department shall
| 18 | | periodically advise the Interagency Committee regarding the | 19 | | issuance of
such authorizations and the status of compliance | 20 | | at the application sites.
| 21 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)".
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