State of Illinois
90th General Assembly
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90_HB3129eng

      225 ILCS 720/2.11         from Ch. 96 1/2, par. 7902.11
          Amends the Surface  Coal  Mining  Land  Conservation  and
      Reclamation  Act.    Provides that at any hearing to review a
      final decision of the Department on a permit  application,  a
      party  seeking  to  reverse the Department's decision has the
      burden of  proving  the  Department's  decision  was  clearly
      erroneous.  Effective immediately.
                                                     LRB9008865THpk
HB3129 Engrossed                               LRB9008865THpk
 1        AN ACT concerning environmental conservation.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Surface Coal Mining Land Conservation and
 5    Reclamation Act  is  amended  by  changing  Section  2.11  as
 6    follows:
 7        (225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
 8        Sec. 2.11.  Procedures for Approval.
 9        (a)  If  a  hearing has been held under Section 2.04, the
10    Department shall within 60 days after the last  such  hearing
11    make  its  decision  on  the  application  and shall promptly
12    furnish the applicant, local government officials in the area
13    of the affected land, and persons  who  are  parties  to  the
14    administrative  proceedings, with the written findings of the
15    Department and stating the specific reasons for its decision.
16        (b)  If no hearing has been held under Section 2.04,  the
17    Department  shall make its decision on the application within
18    120 days after  receipt  by  the  Department  of  a  complete
19    application  and  shall  promptly notify the applicant, local
20    government officials in the area of the  affected  land,  and
21    persons   who   have   submitted   written  comments  on  the
22    application of the Department's  decision  with  the  written
23    findings  of  the Department and stating the specific reasons
24    for its decision.
25        (c)  Within 30 days after the applicant  is  notified  of
26    the   final   decision   of  the  Department  on  the  permit
27    application, the applicant or any  person  with  an  interest
28    that is or may be adversely affected may request a hearing on
29    the  reasons  for  the  final  determination.  The Department
30    shall hold a hearing within 30 days after  this  request  and
31    notify  all interested parties at the time that the applicant
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 1    is notified. The notice shall be published in a newspaper  of
 2    general  circulation  published  in  each county in which any
 3    part of the area of the affected land is located.  The notice
 4    shall appear no more than 14 days nor less than 7 days  prior
 5    to the date of the hearing.  The notice shall be no less than
 6    one  eighth page in size, and the smallest type used shall be
 7    twelve point and shall be enclosed in a black border no  less
 8    than  1/4  inch wide.  The notice shall not be placed in that
 9    portion of the newspaper where legal notices  and  classified
10    advertisements  appear.  The  hearing  shall be of record and
11    adjudicatory in nature.  No person who presided at a  hearing
12    under  Section  2.04  shall  either preside at the hearing or
13    participate in the decision on the hearing.  Within  30  days
14    after  the  hearing,  the Department shall issue, and furnish
15    the applicant, local government officials in the area of  the
16    affected  land,  and  all  persons  who  participated  in the
17    hearing, its written decision granting or denying the  permit
18    in whole or in part and stating the reasons for its decision.
19    No   party  to  a  formal  adjudicatory  hearing  under  this
20    subsection may seek judicial review of the Department's final
21    decision on the permit application until after  the  issuance
22    of the hearing officer's written decision granting or denying
23    the permit.
24        (d)  If   the   application   is  approved  under  either
25    subsection (a) or (b) of this Section, the  permit  shall  be
26    issued.
27        (e)  If  a  hearing  is requested under subsection (c) of
28    this Section, the Department may, under such conditions as it
29    may prescribe,  grant  such  temporary  relief  as  it  deems
30    appropriate pending final determination of the proceedings if
31    all  parties  to the proceedings have been notified and given
32    an opportunity to be heard on a request for temporary relief,
33    the person requesting such  relief  shows  that  there  is  a
34    substantial  likelihood that he will prevail on the merits of
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 1    the final determination of the proceeding,  and  such  relief
 2    will  not  adversely  affect  the  public health or safety or
 3    cause significant imminent environmental harm to  land,  air,
 4    or water resources.
 5        (f)  If  final  action  on  an application does not occur
 6    within the times prescribed in subsections (a) or (b) of this
 7    Section,  whichever  applies,  the  applicant  may  deem  the
 8    application denied, and such denial  shall  constitute  final
 9    action.  The applicant may waive these time limits.
10        (g)  For  the purpose of hearings under this Section, the
11    Department  may  administer  oaths,  subpoena  witnesses   or
12    written  or  printed  materials,  compel  attendance  of  the
13    witnesses  or  production of the materials, and take evidence
14    including but not limited to site inspections of the land  to
15    be  affected  and  other  mining operations carried on by the
16    applicant in the general vicinity of the proposed  operation.
17    A verbatim record of each hearing under this Section shall be
18    made,  and a transcript shall be made available on the motion
19    of any party or by order of the Department.  At  any  hearing
20    under   this  Section,  the  party  seeking  to  reverse  the
21    Department's decision shall have the burden  of  proving  the
22    Department's decision was clearly erroneous.
23    (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
24        Section  7.   The  Alternate  Fuels  Act  is  amended  by
25    changing Section 10 and adding Section 27 as follows:
26        (415 ILCS 120/10)
27        Sec. 10.  Definitions.  As used in this Act:
28        "Agency" means the Environmental Protection Agency.
29        "Alternate fuel" means liquid petroleum gas, natural gas,
30    E85  blend  fuel,  fuel  composed  of  a minimum 80% ethanol,
31    bio-based  methanol,    fuels  derived   from   biomass,   or
32    electricity.
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 1        "Alternate  fuel  vehicle"  means  any  vehicle  that  is
 2    operated  in  Illinois  and  is capable of using an alternate
 3    fuel.
 4        "Conventional", when used to modify the  word  "vehicle",
 5    "engine",   or  "fuel",  means  gasoline  or  diesel  or  any
 6    reformulations of those fuels.
 7        "Covered Area" means the counties of Cook, DuPage,  Kane,
 8    Lake,  McHenry,  and  Will  and the townships of AuxSable and
 9    Goose Lake in Grundy County and the  township  of  Oswego  in
10    Kendall County.
11        "Director"   means  the  Director  of  the  Environmental
12    Protection Agency.
13        "Domestic renewable fuel" means a fuel, produced  in  the
14    United  States,  composed of a minimum 80% ethanol, bio-based
15    methanol, and fuels derived from bio-mass.
16        "E85 blend fuel" means fuel that contains 85% ethanol and
17    15% gasoline.
18        "GVWR" means Gross Vehicle Weight Rating.
19        "Location" means (i) a parcel of real  property  or  (ii)
20    multiple,  contiguous  parcels  of  real  property  that  are
21    separated    by private roadways, public roadways, or private
22    or public rights-of-way and are owned, operated,  leased,  or
23    under common control of one party.
24        "Original   equipment  manufacturer"  or  "OEM"  means  a
25    manufacturer of alternate fuel vehicles or a manufacturer  or
26    remanufacturer  of  alternate  fuel  engines used in vehicles
27    greater than 8500 pounds GVWR.
28        "Rental vehicle" means any motor vehicle that is owned or
29    controlled primarily for the purpose of short-term leasing or
30    rental pursuant to a contract.
31    (Source: P.A. 89-410.)
32        (415 ILCS 120/27 new)
33        Sec. 27.  E85 refueling retail site  program.   Beginning
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 1    in  fiscal  year  2000, the Agency shall operate a program to
 2    provide  incentives  for  the  establishment  of  retail  E85
 3    refueling sites.  Subject to appropriation, the Agency  shall
 4    provide  matching  grants  to retailers of E85 blend fuel for
 5    the cost of installation of tanks for E85  blend  fuel.   The
 6    amount  of  the grant may not exceed 50% of the total cost of
 7    installation or $20,000.  The  Agency  may  provide  matching
 8    grants for not more than 20 retail locations each fiscal year
 9    beginning  in  fiscal  year  2000 and ending with fiscal year
10    2002. At least 10 of the grants made each year  shall  be  to
11    retail locations situated in the covered area.
12        Section  10.   The  County  Cooperative  Extension Law is
13    amended by changing Section 8 as follows:
14        (505 ILCS 45/8) (from Ch. 5, par. 248)
15        Sec. 8. County extension education funds.
16        (a)  The county governing board shall  annually  consider
17    the  total  budget  certified  by  the county or multi-county
18    extension board in order to consider the total  funds  needed
19    for Cooperative Extension Service programs in the county. The
20    county  governing  board  may  appropriate  and pay 75%, then
21    beginning on July 1, 1979, 70%, then  beginning  on  July  1,
22    1980,  65%,  then  beginning  on  July  1,  1981,  60%,  then
23    beginning  on July 1, 1982, 55% and then beginning on July 1,
24    1983  and  continuing  thereafter,  50%,  of  the  total   so
25    determined from the general corporate fund or other available
26    funds  or  from  an  existing  extension education tax of the
27    county for the extension educational program in the county or
28    multi-county group of which it is a part, provided  that  the
29    amount  so  appropriated  shall not exceed $54,400 $25,200 in
30    counties of less than 10,000 inhabitants, $61,200 $28,350  in
31    counties  of 10,000 or more but less than 20,000 inhabitants,
32    $68,000 $31,500 in counties of 20,000 or more but  less  than
HB3129 Engrossed            -6-                LRB9008865THpk
 1    30,000  inhabitants, $91,000 $42,000 in counties of 30,000 or
 2    more but less than 50,000 inhabitants,  $117,000  $54,000  in
 3    counties of 50,000 or more but less than 100,000 inhabitants,
 4    $156,000 $72,000 in counties of 100,000 or more but less than
 5    250,000 inhabitants, $233,000 $108,000 in counties of 250,000
 6    or  more but less than 500,000 inhabitants, $311,000 $144,000
 7    in counties of  500,000  or  more  but  less  than  1,000,000
 8    inhabitants and $583,000 $270,000 in counties of 1,000,000 or
 9    more  inhabitants.  The  amount  to be so appropriated by the
10    county governing board may be reduced by  the  total  of  any
11    private  gifts  or  grants  specifically  made to support the
12    county extension programs included in such determination, and
13    may also be reduced by the fair market value of office  space
14    furnished  the  Cooperative  Extension  Service by the county
15    governing board, provided it is suitable for extension  needs
16    and  meets  the  housing standards adopted by the Cooperative
17    Extension Service.
18        In order  to  provide  matching  funds  to  counties  for
19    Cooperative Extension programs the State will recognize those
20    needs  and  may make an annual appropriation from the General
21    Revenue Agricultural Premium Fund, in an amount equal to  50%
22    of the total funds needed as provided herein.
23        On  or  before  October  15 of each year, the director of
24    extension of the University of Illinois shall forward to  the
25    Director  of  Agriculture,  the  Governor, the Speaker of the
26    House of Representatives, the Minority Leader of the House of
27    Representatives,  the  President  of  the  Senate,  and   the
28    Minority Leader of the Senate, a report of the determinations
29    made  by  the  various  county  governing boards of the total
30    funds needed for Cooperative Extension  Service  programs  in
31    the  respective  counties.  The State matching funds shall be
32    included in an appropriation request  by  the  Department  of
33    Agriculture  for  the  next  State fiscal year.  That request
34    shall be separate and apart from the operating  appropriation
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 1    request  for  the  Department  of  Agriculture.  The funds so
 2    appropriated by the State to the  Department  of  Agriculture
 3    shall  be  deposited  into  the  State  Cooperative Extension
 4    Service Trust Fund and transferred as provided in  Section  8
 5    (d)  of this Act. The Department of Agriculture shall have no
 6    responsibility for or control over the cooperative  extension
 7    service or its programs.
 8        All  funds  provided pursuant to this Act may be used for
 9    operations or facilities.
10        (b)  If sufficient  funds  are  not  available  from  the
11    general  corporate  fund  or if sums greater than the maximum
12    listed above  are  needed  for  the  county's  share  of  the
13    extension education program, the county governing board shall
14    have  the  power  to  increase by not more than .05 per cent,
15    with approval by referendum, the maximum  rate  at  which  it
16    levies,  or can levy, taxes for general county purposes. Such
17    additional rate shall not be included  within  any  statutory
18    limitation  or  rate  or amount for other county purposes and
19    shall be in addition thereto.
20        Any county that under this Cooperative Extension Law  has
21    approved  a rate by referendum prior to the effective date of
22    this amendment, shall have authority to continue such tax  as
23    approved,  but  may  use the provisions of this subsection as
24    amended provided that another referendum must be held if  the
25    rate desired is greater than the rate previously approved.
26        (c)  Upon  approval  by resolution the county board shall
27    certify the resolution and the question of the adoption of  a
28    levy  sufficient to produce the sums determined by the county
29    board to the proper election officials, who shall submit  the
30    question  to  the  electors  of  the county at an election in
31    accordance with the general election law.  No such levy shall
32    be made until the adoption by majority vote of  the  electors
33    voting on the proposition.
34        (d)  Funds   received   from   local  sources  and  funds
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 1    appropriated by the county governing board or the  State  for
 2    the county extension education program in any county shall be
 3    paid over to the University of Illinois.
 4    (Source: P.A. 89-691, eff. 12-31-96.)
 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law except that Section  10  takes  effect  July  1,
 7    1999.

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