RAUSCHENBERGER. (NOVAK) 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 Amends the Environmental Protection Act. Provides that a subsequent owner of a new pollution control facility is not required to submit proof that the location of the facility has been approved pursuant to the local siting review process if the location has already been approved by a local siting body, the Pollution Control Board, or a court of competent jurisdiction prior to the transfer of ownership to the subsequent owner. SENATE AMENDMENT NO. 1. Adds reference to: 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 Replaces the title and everything after the enacting clause. Amends the Environmental Protection Act. Provides that local siting appproval is transferrable to a subsequent owner or operator. Requires the Environmental Protection Agency to evaluate the prior experience in waste management of a prospective operator of a waste transfer station or incinerator facility before issuing a permit to the prospective operator. Requires the Agency to evaluate the waste management history of the subsequent owner of a facility, that has already been subject to local siting review, before issuing a permit to the subsequent owner. Adds immediate effective date. SENATE AMENDMENT NO. 2. Provides that a subsequent owner of a pollution control facility, upon application for an Environmental Protection Agency permit, shall notify the county board or governing body of the municipality that granted approval for the facility and any party to the original siting proceeding. Requires the Agency to conduct an evaluation of a prospective operator's prior waste management experience in the case of a sanitary landfill, waste treatment facility, and waste storage site. FISCAL NOTE (Pollution Control Board) There would be no fiscal impact on PCB; increased appeals can be handled with current resources. HOUSE AMENDMENT NO. 1. (House recedes January 12, 1999) Specifies that the Environmental Protection Agency may grant a development or construction permit on application by the subsequent owner of a facility for which local siting approval was granted to the prior owner. Makes stylistic changes. STATE MANDATES FISCAL NOTE, H-AM 1 (DCCA) SB 299, amended by H-am 1 fails to create a State mandate. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the House recede from House Amendment No. 1. Recommends that the bill be amended as follows: Deletes reference to: 415 ILCS 5/39 415 ILCS 5/39.2 Adds reference to: 30 ILCS 5/3-1 from Ch. 15, par. 303-1 35 ILCS 640/2-7 35 ILCS 640/2-9 220 ILCS 5/8-403.1 from Ch. 111 2/3, par. 8-403.1 Deletes everything. Amends the Electricity Excise Tax Law. Provides that the credit allowed to a public utility under the Public Utilities Act for purchasing electricity from a qualified solid waste energy facility shall be allowed as a credit against the obligation to remit electricity excise tax. Provides that each delivering supplier collecting the tax shall include the credit amount allowed under the Public Utilities Act on the monthly return to the Department of Revenue. Amends the Public Utilities Act. Provides that a utility's purchases from a qualified solid waste energy facility entitle the utility to credits against taxes it collects under the Electricity Excise Tax Law. Provides that when the capital costs for developing a qualified facility have been paid, then the facility shall reimburse the Public Utilities Fund and the General Revenue Fund (now the Public Utilities Fund) for the reductions caused by the tax credits. Requires each qualified solid waste energy facility that sells electricity to an electric utility at certain rates to file with the State Treasurer, on or before the 15th of each month, a form that states the number of kilowatt hours of electricity for which payment was received from electric utilities in Illinois during the immediately preceding month. Provides that the qualified solid waste energy facility shall pay to the State Treasurer an amount equal to six-tenths of a mill per kilowatt hour of electricity sold for the years 1999 through 2008. Provides that the payments shall be deposited into the Municipal Economic Development Fund. Creates the Fund as a trust fund outside the State treasury. Provides that the State Treasurer may invest moneys in the Fund in investments authorized by the Public Funds Investment Act and that income shall be deposited into and become part of the Fund. Provides for distributions from the Municipal Economic Development Fund to municipalities that have within their boundaries an incinerator that (1) uses municipal waste as its primary fuel to generate electricity; (2) is a qualified solid waste energy facility prior to the effective date of P.A. 89-448; and (3) commenced operation prior to January 1, 1998. Provides that distributions from the Fund shall not exceed $500,000 during a 4-quarter period. Sets forth the purposes for which the distributions may be expended and prohibits certain expenditures. Provides for refunds from the Fund in certain circumstances. Requires a financial and compliance and program audit of each municipality receiving distributions from the Municipal Economic Development Fund. Authorizes the Attorney General to recover, in a civil action, 3 times the amount of distributions illegally expended. Amends the Illinois State Auditing Act to require the Auditor General to conduct the audits at no cost to the municipality. Effective immediately. 97-02-05 S FIRST READING 97-02-05 S REFERRED TO SENATE RULES COMMITTEE RULES 97-02-05 S ASSIGNED TO COMMITTEE ENVIR & ENE 97-02-28 S POSTPONED 97-03-06 S POSTPONED 97-03-13 S AMENDMENT NO. 01-ENVIR. & ENE. S 97-03-13 S ADOPTED 97-03-13 S DO PASS AS AMENDED 008-001-000 SENV 97-03-13 S PLACED ON CALENDAR ORDER OF 2ND READING 97-03-14 97-03-14 S SECOND READING 97-03-14 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-17 97-03-18 S FILED WITH SECRETARY 97-03-18 S AMENDMENT NO. 02-RAUSCHENBERGER 97-03-18 S AMENDMENT REFERRED TO SRUL 97-03-18 S AMENDMENT NO. 02-RAUSCHENBERGER 97-03-18 S RULES REFERS TO SENV 97-03-20 S AMENDMENT NO. 02-RAUSCHENBERGER 97-03-20 S BE ADOPTED SENV/008-000-000 97-03-20 S RECALLED TO SECOND READING 97-03-20 S AMENDMENT NO. 02-RAUSCHENBERGER 97-03-20 S ADOPTED 97-03-20 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-20 S THIRD READING - PASSED 047-009-001 97-03-21 H ARRIVE IN HOUSE 97-03-21 H PLACED CALENDAR ORDER OF FIRST READING 97-04-09 H HOUSE SPONSOR NOVAK 97-04-09 H FIRST READING 97-04-09 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-04-11 H ASSIGNED TO COMMITTEE ENVRMNT ENRGY 97-04-25 H FISCAL NOTE FILED 97-04-25 H COMMITTEE ENVRMNT ENRGY 97-05-01 H AMENDMENT NO. 01-ENVRMNT ENRGY H 97-05-01 H ADOPTED 97-05-01 H DO PASS AMENDED/SHORT DEBATE 021-000-000 HENE 97-05-01 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-05-01 H STATE MANDATES FISCAL NOTE REQUESTED HASSERT 97-05-01 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-12 H STATE MANDATES FISCAL NOTE FILED AS AMENDED 97-05-12 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-05-13 H SECOND READING-SHORT DEBATE 97-05-13 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-05-14 H THIRD READING/SHORT DEBATE/PASSED 113-004-001 97-05-15 S SECRETARYS DESK - CONCURRENCE 01 97-05-16 S FILED WITH SECRETARY 97-05-16 S MOTION NON-CONCUR - HOUSE AMENDMENT NO 01-RAUSCHENBERGER 97-05-20 S SEN NON-CONCURS IN HSE AMENDMENTS (NO.) 01 97-05-20 H ARRIVE IN HOUSE 97-05-20 H PLACED CALENDAR ORDER NON-CONCURRENCE 01 97-07-02 H RE-REFERRED TO RULES COMM/RULE 19(B) RULES HRUL 98-12-02 H APPROVED FOR CONSIDERATION 004-000-000 HRUL 98-12-02 H MOTION REFUSE RECEDE - HSE AMEND NO 01/NOVAK 98-12-02 H HSE REFUSES TO RECEDE FROM AMENDMENT NO 01 98-12-02 H HSE REQUESTS CONFERENCE COMMITTEE 1ST 98-12-02 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/NOVAK, 98-12-02 H HANNIG, MURPHY, 98-12-02 H CHURCHILL AND 98-12-02 H TENHOUSE 98-12-03 S SEN ACCEDE REQUEST CONFERENCE COMMITTEE 1ST 98-12-03 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/RAUSCHENBERGER 98-12-03 S MAHAR, MAITLAND, 98-12-03 S SHAW, JACOBS 99-01-12 S FILED WITH SECRETARY 99-01-12 S CONFERENCE COMMITTEE REPORT 1ST/RAUSCHENBERGER 99-01-12 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL 99-01-12 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/NOVAK 99-01-12 H CONFERENCE COMMITTEE REPORT REFERRED TO HRUL 99-01-12 H RULES REFERS TO HENE 99-01-12 H BE APPROVED FOR CONSIDERATION HENE/021-002-000 99-01-12 H HOUSE ADOPTED CONFERENCE REPORT 1ST/080-033-004 99-01-12 S CONFERENCE COMMITTEE REPORT 1ST/RAUSCHENBERGER 99-01-12 S RULES REFERS TO SENV 99-01-12 S CONFERENCE COMMITTEE REPORT 1ST/RAUSCHENBERGER 99-01-12 S BE APPROVED FOR CONSIDERATION SENV/007-002-001 99-01-12 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/RAUSCHENBERGER 99-01-12 S SENATE ADOPTED CONFERENCE REPORT 1ST/050-003-002 99-01-12 S BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST 99-01-12 S PASSED BOTH HOUSES 99-01-14 S SENT TO THE GOVERNOR 99-01-29 S GOVERNOR APPROVED 99-01-29 S EFFECTIVE DATE 99-01-29 99-01-29 S PUBLIC ACT.............................. 90-0813 END OF INQUIRY Full Text Bill Summary