Public Act 102-0444
 
HB2785 EnrolledLRB102 13785 CPF 19135 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Executive Order 3 (2017) Implementation Act.
 
    Section 5. Effect. This Act, including all of the
amendatory provisions of this Act, implements and supersedes
the provisions of Executive Order 3 (2017) concerning the
transfer of rights, powers, duties, responsibilities,
employees, property, funds, and functions from the Department
of Commerce and Economic Opportunity to the Environmental
Protection Agency.
 
    Section 10. Functions transferred. Except as provided in
Section 15, on the effective date of this Act or as soon
thereafter as practical, those powers, duties, rights,
responsibilities, and functions of the Office of Energy and
Recycling under the Department of Commerce and Economic
Opportunity that are referenced in this Act are transferred to
the Environmental Protection Agency as provided in this Act.
All of the general powers reasonably necessary and convenient
to implement and administer those functions of the Office of
Energy and Recycling transferred by this Act are vested in and
shall be exercised by the Environmental Protection Agency.
 
    Section 15. Functions not transferred. The functions
associated with the Office of Energy and Recycling that are
transferred to the Environmental Protection Agency under
Section 10 do not include any one or more of the following:
        (1) electric energy efficiency programs administered
    by the Department of Commerce and Economic Opportunity
    under Section 8-103 of the Public Utilities Act;
        (2) natural gas efficiency programs administered by
    the Department of Commerce and Economic Opportunity under
    Section 8-104 of the Public Utilities Act; or
        (3) any functions of the Office of Energy and
    Recycling not transferred to the Environmental Protection
    Agency by this Act.
 
    Section 20. Representation on boards or other entities.
With respect to the Department of Commerce and Economic
Opportunity, the transfers under this Act shall not affect:
        (1) the composition of any multi-member board,
    commission, or authority, unless otherwise provided in
    this Act;
        (2) the manner in which any official is appointed,
    except that when any provision of an Executive Order or
    Act provides for the membership of the Department of
    Commerce and Economic Opportunity on any council,
    commission, board, or other entity in relation to any
    function of the Office of Energy and Recycling transferred
    to the Environmental Protection Agency under this Act, the
    Director of the Environmental Protection Agency or his or
    her designee shall serve in that place; if more than one
    such person is required by law to serve on any council,
    commission, board, or other entity, then an equivalent
    number of representatives of the Environmental Protection
    Agency shall so serve;
        (3) whether the nomination or appointment of any
    official is subject to the advice and consent of the
    Senate;
        (4) any eligibility or qualification requirements
    pertaining to service as an official; or
        (5) the service or term of any incumbent official
    serving as of the effective date of this Act.
 
    Section 25. Personnel transferred. Personnel and positions
within the Department of Commerce and Economic Opportunity
that are engaged in the performance of functions of the Office
of Energy and Recycling transferred to the Environmental
Protection Agency under this Act are transferred to and shall
continue their service within the Environmental Protection
Agency. The status and rights of those employees under the
Personnel Code shall not be affected by this Act. The rights of
the employees and the State of Illinois and its agencies under
the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan
shall not be affected by this Act.
 
    Section 30. Books and records transferred. All books,
records, papers, documents, property (real and personal),
contracts, causes of action, and pending business, pertaining
to the powers, duties, rights, and responsibilities
transferred to the Environmental Protection Agency under this
Act, including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Environmental Protection Agency.
 
    Section 35. Successor agency; unexpended moneys
transferred. With respect to the functions of the Office of
Energy and Recycling transferred under this Act, the
Environmental Protection Agency is the successor agency to the
Department of Commerce and Economic Opportunity under the
Successor Agency Act and Section 9b of the State Finance Act.
All unexpended appropriations and balances and other funds
available for use by the Office of Energy and Recycling shall,
pursuant to the direction of the Governor, be transferred for
use by the Environmental Protection Agency in accordance with
this Act. Unexpended balances so transferred shall be expended
by the Environmental Protection Agency only for the purpose
for which the appropriations were originally made.
 
    Section 40. Reports, notices, or papers. Whenever reports
or notices are required to be made or given or papers or
documents furnished or served by any person to or upon the
Department of Commerce and Economic Opportunity in connection
with any of the powers, duties, rights, or responsibilities
transferred by this Act to the Environmental Protection
Agency, the same shall instead be made, given, furnished, or
served in the same manner to or upon the Environmental
Protection Agency.
 
    Section 45. Rules.
    (a) Any rules that (1) relate to the functions of the
Office of Energy and Recycling transferred to the
Environmental Protection Agency by this Act, (2) are in full
force on the effective date of this Act, and (3) have been duly
adopted by the Department of Commerce and Economic Opportunity
shall become the rules of the Environmental Protection Agency.
This Act does not affect the legality of any such rules in the
Illinois Administrative Code.
    (b) Any proposed rule filed with the Secretary of State by
the Department of Commerce and Economic Opportunity that
pertains to the functions of the Office of Energy and
Recycling transferred to the Environmental Protection Agency
by this Act, and that is pending in the rulemaking process on
the effective date of this Act shall be deemed to have been
filed by the Environmental Protection Agency.
    (c) On and after the effective date of this Act, the
Environmental Protection Agency may propose and adopt, under
the Illinois Administrative Procedure Act, other rules that
relate to the functions of the Office of Energy and Recycling
transferred to the Environmental Protection Agency by this
Act.
 
    Section 50. Rights, obligations, and duties unaffected by
transfer. The transfer of powers, duties, rights, and
responsibilities to the Environmental Protection Agency under
this Act does not affect any person's rights, obligations, or
duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred powers, duties,
rights, and responsibilities.
 
    Section 55. Acts and actions unaffected by transfer.
    (a) This Act does not affect any act done, ratified, or
canceled, or any right accruing or established, before the
effective date of Executive Order 3 (2017) in connection with
any function of the Office of Energy and Recycling transferred
under this Act.
    This Act does not affect any action or proceeding had or
commenced before the effective date of Executive Order 3
(2017) in an administrative, civil, or criminal cause
regarding a function of the Office of Energy and Recycling
transferred from the Department of Commerce and Economic
Opportunity, but any such action or proceeding may be
defended, prosecuted, or continued by the Environmental
Protection Agency.
 
    Section 60. Exercise of transferred powers; savings
provisions. The powers, duties, rights, and responsibilities
related to the functions of the Office of Energy and Recycling
transferred under this Act are vested in and shall be
exercised by the Environmental Protection Agency. Each act
done in the exercise of those powers, duties, rights, and
responsibilities shall have the same legal effect as if done
by the Department of Commerce and Economic Opportunity or its
divisions, officers, or employees.
 
    Section 900. The Electric Vehicle Act is amended by
changing Section 15 as follows:
 
    (20 ILCS 627/15)
    Sec. 15. Electric Vehicle Coordinator. The Governor shall
appoint a person within the Environmental Protection Agency
Department of Commerce and Economic Opportunity to serve as
the Electric Vehicle Coordinator for the State of Illinois.
This person may be an existing employee with other duties. The
Coordinator shall act as a point person for electric vehicle
related policies and activities in Illinois.
(Source: P.A. 97-89, eff. 7-11-11.)
 
    Section 910. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Sections 6-3, 6-4, 6-5, 6-5.5, 6-6, and 6-7 as follows:
 
    (20 ILCS 687/6-3)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-3. Renewable energy resources program.
    (a) The Environmental Protection Agency Department of
Commerce and Economic Opportunity, to be called the "Agency"
"Department" hereinafter in this Law, shall administer the
Renewable Energy Resources Program to provide grants, loans,
and other incentives to foster investment in and the
development and use of renewable energy resources.
    (b) The Agency may, by administrative rule, Department
shall establish and adjust eligibility criteria for grants,
loans, and other incentives to foster investment in and the
development and use of renewable energy resources. These
criteria shall be reviewed annually and adjusted as necessary.
The criteria should promote the goal of fostering investment
in and the development and use, in Illinois, of renewable
energy resources.
    (c) The Agency may Department shall accept applications
for grants, loans, and other incentives to foster investment
in and the development and use of renewable energy resources.
    (d) To the extent that funds are available and
appropriated, the Agency Department shall provide grants,
loans, and other incentives to applicants that meet the
criteria specified by the Agency Department.
    (e) (Blank). The Department shall conduct an annual study
on the use and availability of renewable energy resources in
Illinois. Each year, the Department shall submit a report on
the study to the General Assembly. This report shall include
suggestions for legislation which will encourage the
development and use of renewable energy resources.
    (f) As used in this Law, "renewable energy resources"
includes energy from wind, solar thermal energy, photovoltaic
cells and panels, dedicated crops grown for energy production
and organic waste biomass, hydropower that does not involve
new construction or significant expansion of hydropower dams,
and other such alternative sources of environmentally
preferable energy. "Renewable energy resources" does not
include, however, energy from the incineration or burning of
waste wood, tires, garbage, general household, institutional
and commercial waste, industrial lunchroom or office waste,
landscape waste, or construction or demolition debris.
    (g) There is created the Energy Efficiency Investment Fund
as a special fund in the State Treasury, to be administered by
the Agency Department to support the development of
technologies for wind, biomass, and solar power in Illinois.
The Agency Department may accept private and public funds,
including federal funds, for deposit into the Fund.
(Source: P.A. 94-793, eff. 5-19-06; 95-913, eff. 1-1-09.)
 
    (20 ILCS 687/6-4)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-4. Renewable Energy Resources Trust Fund.
    (a) A fund to be called the Renewable Energy Resources
Trust Fund is hereby established in the State Treasury.
    (b) The Renewable Energy Resources Trust Fund shall be
administered by the Agency Department to provide grants,
loans, and other incentives to foster investment in and the
development and use of renewable energy resources as provided
in Section 6-3 of this Law or pursuant to the Illinois
Renewable Fuels Development Program Act.
    (c) All funds used by the Agency Department for the
Renewable Energy Resources Program shall be subject to
appropriation by the General Assembly.
(Source: P.A. 94-839, eff. 6-6-06.)
 
    (20 ILCS 687/6-5)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-5. Renewable Energy Resources and Coal Technology
Development Assistance Charge.
    (a) Notwithstanding the provisions of Section 16-111 of
the Public Utilities Act but subject to subsection (e) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public
Utilities Act, that is engaged in the delivery of electricity
or the distribution of natural gas within the State of
Illinois shall, effective January 1, 1998, assess each of its
customer accounts a monthly Renewable Energy Resources and
Coal Technology Development Assistance Charge. The delivering
public utility, municipal electric or gas utility, or electric
or gas cooperative for a self-assessing purchaser remains
subject to the collection of the fee imposed by this Section.
The monthly charge shall be as follows:
        (1) $0.05 per month on each account for residential
    electric service as defined in Section 13 of the Energy
    Assistance Act;
        (2) $0.05 per month on each account for residential
    gas service as defined in Section 13 of the Energy
    Assistance Act;
        (3) $0.50 per month on each account for nonresidential
    electric service, as defined in Section 13 of the Energy
    Assistance Act, which had less than 10 megawatts of peak
    demand during the previous calendar year;
        (4) $0.50 per month on each account for nonresidential
    gas service, as defined in Section 13 of the Energy
    Assistance Act, which had distributed to it less than
    4,000,000 therms of gas during the previous calendar year;
        (5) $37.50 per month on each account for
    nonresidential electric service, as defined in Section 13
    of the Energy Assistance Act, which had 10 megawatts or
    greater of peak demand during the previous calendar year;
    and
        (6) $37.50 per month on each account for
    nonresidential gas service, as defined in Section 13 of
    the Energy Assistance Act, which had 4,000,000 or more
    therms of gas distributed to it during the previous
    calendar year.
    (b) The Renewable Energy Resources and Coal Technology
Development Assistance Charge assessed by electric and gas
public utilities shall be considered a charge for public
utility service.
    (c) Fifty percent of the moneys collected pursuant to this
Section shall be deposited in the Renewable Energy Resources
Trust Fund by the Department of Revenue. From those funds,
$2,000,000 may be used annually by the Environmental
Protection Agency Department to provide grants to the Illinois
Green Economy Network for the purposes of funding education
and training for renewable energy and energy efficiency
technology and for the operation and services of the Illinois
Green Economy Network. The remaining 50 percent of the moneys
collected pursuant to this Section shall be deposited in the
Coal Technology Development Assistance Fund by the Department
of Revenue for the exclusive purposes of (1) capturing or
sequestering carbon emissions produced by coal combustion; (2)
supporting research on the capture and sequestration of carbon
emissions produced by coal combustion; and (3) improving coal
miner safety.
    (d) By the 20th day of the month following the month in
which the charges imposed by this Section were collected, each
utility and alternative retail electric supplier collecting
charges pursuant to this Section shall remit to the Department
of Revenue for deposit in the Renewable Energy Resources Trust
Fund and the Coal Technology Development Assistance Fund all
moneys received as payment of the charge provided for in this
Section on a return prescribed and furnished by the Department
of Revenue showing such information as the Department of
Revenue may reasonably require.
    If any payment provided for in this Section exceeds the
utility or alternate retail electric supplier's liabilities
under this Act, as shown on an original return, the utility or
alternative retail electric supplier may credit the excess
payment against liability subsequently to be remitted to the
Department of Revenue under this Act.
    (e) The charges imposed by this Section shall only apply
to customers of municipal electric or gas utilities and
electric or gas cooperatives if the municipal electric or gas
utility or electric or gas cooperative makes an affirmative
decision to impose the charge. If a municipal electric or gas
utility or an electric or gas cooperative makes an affirmative
decision to impose the charge provided by this Section, the
municipal electric or gas utility or electric or gas
cooperative shall inform the Department of Revenue in writing
of such decision when it begins to impose the charge. If a
municipal electric or gas utility or electric or gas
cooperative does not assess this charge, its customers shall
not be eligible for the Renewable Energy Resources Program.
    (f) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
(Source: P.A. 100-402, eff. 8-25-17; 100-1171, eff. 1-4-19.)
 
    (20 ILCS 687/6-5.5)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-5.5. Renewable energy grants.
    (a) Subject to appropriation, the Agency may Department
shall establish and operate a renewable energy grant program
to assist public schools and community colleges with
engineering studies and feasibility studies and in training
green economy technology and in the installation, acquisition,
construction, and improvement of renewable energy resources,
including without limitation smart grid technology, solar
energy (such as solar panels), geothermal energy, and wind
energy.
    (b) Application for a grant under this Section must be in
the form and manner established by the Department. The schools
and community colleges may accept private funds for their
portion of the cost.
    (c) The Agency Department may adopt any rules that are
necessary to carry out its responsibilities under this
Section.
(Source: P.A. 96-725, eff. 8-25-09; 97-72, eff. 7-1-11.)
 
    (20 ILCS 687/6-6)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-6. Energy efficiency program.
    (a) For the year beginning January 1, 1998, and thereafter
as provided in this Section, each electric utility as defined
in Section 3-105 of the Public Utilities Act and each
alternative retail electric supplier as defined in Section
16-102 of the Public Utilities Act supplying electric power
and energy to retail customers located in the State of
Illinois shall contribute annually a pro rata share of a total
amount of $3,000,000 based upon the number of kilowatt-hours
sold by each such entity in the 12 months preceding the year of
contribution. On or before May 1 of each year, the Illinois
Commerce Commission shall determine and notify the Agency
Department of Commerce and Economic Opportunity of the pro
rata share owed by each electric utility and each alternative
retail electric supplier based upon information supplied
annually to the Illinois Commerce Commission. On or before
June 1 of each year, the Agency Department of Commerce and
Economic Opportunity shall send written notification to each
electric utility and each alternative retail electric supplier
of the amount of pro rata share they owe. These contributions
shall be remitted to the Department of Revenue on or before
June 30 of each year the contribution is due on a return
prescribed and furnished by the Department of Revenue showing
such information as the Department of Revenue may reasonably
require. The funds received pursuant to this Section shall be
subject to the appropriation of funds by the General Assembly.
The Department of Revenue shall place the funds remitted under
this Section in a trust fund, that is hereby created in the
State Treasury, called the Energy Efficiency Trust Fund. If an
electric utility or alternative retail electric supplier does
not remit its pro rata share to the Department of Revenue, the
Department of Revenue must inform the Illinois Commerce
Commission of such failure. The Illinois Commerce Commission
may then revoke the certification of that electric utility or
alternative retail electric supplier. The Illinois Commerce
Commission may not renew the certification of any electric
utility or alternative retail electric supplier that is
delinquent in paying its pro rata share.
    (b) The Agency Department of Commerce and Economic
Opportunity shall disburse the moneys in the Energy Efficiency
Trust Fund to benefit residential electric customers through
projects which the Agency Department of Commerce and Economic
Opportunity has determined will promote energy efficiency in
the State of Illinois. The Department of Commerce and Economic
Opportunity shall establish a list of projects eligible for
grants from the Energy Efficiency Trust Fund including, but
not limited to, supporting energy efficiency efforts for
low-income households, replacing energy inefficient windows
with more efficient windows, replacing energy inefficient
appliances with more efficient appliances, replacing energy
inefficient lighting with more efficient lighting, insulating
dwellings and buildings, using market incentives to encourage
energy efficiency, and such other projects which will increase
energy efficiency in homes and rental properties.
    (c) The Agency may, by administrative rule, Department of
Commerce and Economic Opportunity shall establish criteria and
an application process for this grant program.
    (d) (Blank). The Department of Commerce and Economic
Opportunity shall conduct a study of other possible energy
efficiency improvements and evaluate methods for promoting
energy efficiency and conservation, especially for the benefit
of low-income customers.
    (e) (Blank). The Department of Commerce and Economic
Opportunity shall submit an annual report to the General
Assembly evaluating the effectiveness of the projects and
programs provided in this Section, and recommending further
legislation which will encourage additional development and
implementation of energy efficiency projects and programs in
Illinois and other actions that help to meet the goals of this
Section.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 687/6-7)
    (Section scheduled to be repealed on December 31, 2021)
    Sec. 6-7. Repeal. The provisions of this Law are repealed
on December 31, 2025 2021.
(Source: P.A. 101-639, eff. 6-12-20.)
 
    Section 915. The Illinois Renewable Fuels Development
Program Act is amended by changing Sections 5, 10, 15, 25, and
30 as follows:
 
    (20 ILCS 689/5)
    Sec. 5. Findings and State policy. The General Assembly
recognizes that agriculture is a vital sector of the Illinois
economy and that an important growth industry for the Illinois
agricultural sector is renewable fuels production. Renewable
fuels produced from Illinois agricultural products hold great
potential for growing the State's economy, reducing our
dependence on foreign oil supplies, and improving the
environment by reducing harmful emissions from vehicles.
Illinois is the nation's leading producer of ethanol, a clean,
renewable fuel with significant environmental benefits. The
General Assembly finds that reliable supplies of renewable
fuels will be integral to the long term energy security of the
United States. The General Assembly declares that it is the
public policy of the State of Illinois to promote and
encourage the production and use of renewable fuels as a means
not only to improve air quality in the State and the nation,
but also to grow the agricultural sector of the Illinois
economy. To achieve these public policy objectives, the
General Assembly hereby authorizes the creation and
implementation of the Illinois Renewable Fuels Development
Program within the Agency Department.
(Source: P.A. 93-15, eff. 6-11-03.)
 
    (20 ILCS 689/10)
    Sec. 10. Definitions. As used in this Act:
    "Agency" means the Environmental Protection Agency.
    "Biodiesel" means a renewable diesel fuel derived from
biomass that is intended for use in diesel engines.
    "Biodiesel blend" means a blend of biodiesel with
petroleum-based diesel fuel in which the resultant product
contains no less than 1% and no more than 99% biodiesel.
    "Biomass" means non-fossil organic materials that have an
intrinsic chemical energy content. "Biomass" includes, but is
not limited to, soybean oil, other vegetable oils, and
ethanol.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Diesel fuel" means any product intended for use or
offered for sale as a fuel for engines in which the fuel is
injected into the combustion chamber and ignited by pressure
without electric spark.
    "Director" means the Director of the Agency Commerce and
Economic Opportunity.
    "Ethanol" means a product produced from agricultural
commodities or by-products used as a fuel or to be blended with
other fuels for use in motor vehicles.
    "Fuel" means fuel as defined in Section 1.19 of the Motor
Fuel Tax Law.
    "Gasohol" means motor fuel that is no more than 90%
gasoline and at least 10% denatured ethanol that contains no
more than 1.25% water by weight.
    "Gasoline" means all products commonly or commercially
known or sold as gasoline (including casing head and
absorption or natural gasoline).
    "Illinois agricultural product" means any agricultural
commodity grown in Illinois that is used by a production
facility to produce renewable fuel in Illinois, including, but
not limited to, corn, barley, and soy beans.
    "Labor Organization" means any organization defined as a
"labor organization" under Section 2 of the National Labor
Relations Act (29 U.S.C. 152).
    "Majority blended ethanol fuel" means motor fuel that
contains no less than 70% and no more than 90% denatured
ethanol and no less than 10% and no more than 30% gasoline.
    "Motor vehicles" means motor vehicles as defined in the
Illinois Vehicle Code and watercraft propelled by an internal
combustion engine.
    "Owner" means any individual, sole proprietorship, limited
partnership, co-partnership, joint venture, corporation,
cooperative, or other legal entity, including its agents, that
operates or will operate a plant located within the State of
Illinois.
    "Plant" means a production facility that produces a
renewable fuel. "Plant" includes land, any building or other
improvement on or to land, and any personal properties deemed
necessary or suitable for use, whether or not now in
existence, in the processing of fuel from agricultural
commodities or by-products.
    "Renewable fuel" means ethanol, gasohol, majority blended
ethanol fuel, biodiesel blend fuel, and biodiesel.
(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03;
94-793, eff. 5-19-06.)
 
    (20 ILCS 689/15)
    Sec. 15. Illinois Renewable Fuels Development Program.
    (a) The Agency may Department must develop and administer
the Illinois Renewable Fuels Development Program to assist in
the construction, modification, alteration, or retrofitting of
renewable fuel plants in Illinois. The recipient of a grant
under this Section must:
        (1) be constructing, modifying, altering, or
    retrofitting a plant in the State of Illinois;
        (2) be constructing, modifying, altering, or
    retrofitting a plant that has annual production capacity
    of no less than 5,000,000 gallons of renewable fuel per
    year; and
        (3) enter into a project labor agreement as prescribed
    by Section 25 of this Act.
    (b) Grant applications must be made on forms provided by
and in accordance with procedures established by the Agency
Department.
    (c) The Agency Department must give preference to
applicants that use Illinois agricultural products in the
production of renewable fuel at the plant for which the grant
is being requested.
(Source: P.A. 96-140, eff. 1-1-10.)
 
    (20 ILCS 689/25)
    Sec. 25. Project labor agreements.
    (a) The project labor agreement must include the
following:
        (1) provisions establishing the minimum hourly wage
    for each class of labor organization employee;
        (2) provisions establishing the benefits and other
    compensation for each class of labor organization
    employee; and
        (3) provisions establishing that no strike or disputes
    will be engaged in by the labor organization employees.
The owner of the plant and the labor organizations shall have
the authority to include other terms and conditions as they
deem necessary.
    (b) The project labor agreement shall be filed with the
Director in accordance with procedures established by the
Agency Department. At a minimum, the project labor agreement
must provide the names, addresses, and occupations of the
owner of the plant and the individuals representing the labor
organization employees participating in the project labor
agreement. The agreement must also specify the terms and
conditions required in subsection (a).
(Source: P.A. 93-15, eff. 6-11-03.)
 
    (20 ILCS 689/30)
    Sec. 30. Administration of the Act; rules. The Agency may
Department shall administer this Act and shall adopt any rules
necessary for that purpose.
(Source: P.A. 93-15, eff. 6-11-03.)
 
    Section 920. The Energy Conservation and Coal Development
Act is amended by changing Sections 1 and 3 as follows:
 
    (20 ILCS 1105/1)  (from Ch. 96 1/2, par. 7401)
    Sec. 1. Definitions; transfer of duties.
    (a) For the purposes of this Act, unless the context
otherwise requires:
        "Department" means the Department of Commerce and
    Economic Opportunity.
        "Director" means the Director of Commerce and Economic
    Opportunity.
    (b) As provided in Section 80-20 of the Department of
Natural Resources Act, the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall assume the rights, powers, and duties of
the former Department of Energy and Natural Resources under
this Act, except as those rights, powers, and duties are
otherwise allocated or transferred by this amendatory Act of
the 102nd General Assembly or any other law.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
    Sec. 3. Powers and duties.
    (a) In addition to its other powers, the Environmental
Protection Agency Department has the following powers:
        (1) To administer for the State any energy programs
    and activities under federal law, regulations or
    guidelines, and to coordinate such programs and activities
    with other State agencies, units of local government, and
    educational institutions.
        (2) To represent the State in energy matters involving
    the federal government, other states, units of local
    government, and regional agencies.
        (3) To prepare energy assurance contingency plans for
    consideration by the Governor and the General Assembly.
    Such plans may shall include procedures for determining
    when a foreseeable danger exists of energy shortages,
    including shortages of petroleum, coal, nuclear power,
    natural gas, and other forms of energy, and may shall
    specify the actions to be taken to minimize hardship and
    maintain the general welfare during such energy shortages.
        (4) To cooperate with State colleges and universities
    and their governing boards in energy programs and
    activities.
        (5) (Blank).
        (6) To accept, receive, expend, and administer,
    including by contracts and grants to other State agencies,
    any energy-related gifts, grants, cooperative agreement
    funds, and other funds made available to the Agency
    Department by the federal government and other public and
    private sources, as well as any of those funds made
    available to the Department before the effective date of
    this amendatory Act of the 102nd General Assembly.
        (7) To assist the Department of Central Management
    Services in establishing and maintaining a system to
    analyze and report energy consumption of facilities leased
    by the Department of Central Management Services.
    (a-5) In addition to its other powers, the Department has
the following powers:
        (1) (7) To investigate practical problems, seek and
    utilize financial assistance, implement studies and
    conduct research relating to the production, distribution
    and use of alcohol fuels.
        (2) (8) To serve as a clearinghouse for information on
    alcohol production technology; provide assistance,
    information and data relating to the production and use of
    alcohol; develop informational packets and brochures, and
    hold public seminars to encourage the development and
    utilization of the best available technology.
        (3) (9) To coordinate with other State agencies in
    order to promote the maximum flow of information and to
    avoid unnecessary overlapping of alcohol fuel programs. In
    order to effectuate this goal, the Director of the
    Department or his representative shall consult with the
    Directors, or their representatives, of the Departments of
    Agriculture, Central Management Services, Transportation,
    and Revenue, the Office of the State Fire Marshal, and the
    Environmental Protection Agency.
        (4) (10) To operate, within the Department, an Office
    of Coal Development and Marketing for the promotion and
    marketing of Illinois coal both domestically and
    internationally. The Department may use monies
    appropriated for this purpose for necessary administrative
    expenses.
        The Office of Coal Development and Marketing shall
    develop and implement an initiative to assist the coal
    industry in Illinois to increase its share of the
    international coal market.
        (5) (11) To assist the Department of Central
    Management Services in establishing and maintaining a
    system to analyze and report energy consumption of
    facilities leased by the Department of Central Management
    Services.
        (6) (12) To consult with the Department Departments of
    Natural Resources and Transportation and the Illinois
    Environmental Protection Agency for the purpose of
    developing methods and standards that encourage the
    utilization of coal combustion by-products as value added
    products in productive and benign applications.
        (7) (13) To provide technical assistance and
    information to sellers and distributors of storage hot
    water heaters doing business in Illinois, pursuant to
    Section 1 of the Hot Water Heater Efficiency Act.
    (b) (Blank).
    (c) (Blank).
    (d) The Agency Department shall develop a package of
educational materials containing information regarding the
necessity of waste reduction and recycling to reduce
dependence on landfills and to maintain environmental quality.
The Agency Department shall make this information available to
the public on its website and for schools to access for their
development of materials. Those materials shall be suitable
for instructional use in grades 3, 4 and 5.
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
 
    Section 925. The Energy Conservation Act is amended by
changing Section 4 as follows:
 
    (20 ILCS 1115/4)  (from Ch. 96 1/2, par. 7604)
    Sec. 4. Technical Assistance Programs.
    (a) The Environmental Protection Agency may Department of
Commerce and Economic Opportunity shall provide to a unit of
local government, upon request by the unit, technical
assistance in the development of energy efficiency standards,
including, but not limited to, thermal efficiency standards
and lighting efficiency standards to units of local
government, upon request by such unit.
    (b) (Blank). The Department shall provide technical
assistance in the development of a program for energy
efficiency in procurement to units of local government, upon
request by such unit.
    (c) The Technical Assistance Programs provided in this
Section shall be supported by funds provided to the State
pursuant to the federal "Energy Policy and Conservation Act of
1975" or other federal acts that provide funds for energy
conservation efforts through the use of building codes.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 1115/5 rep.)
    Section 930. The Energy Conservation Act is amended by
repealing Section 5.
 
    Section 935. The Energy Efficient Building Act is amended
by changing Sections 10, 15, 25, and 30 as follows:
 
    (20 ILCS 3125/10)
    Sec. 10. Definitions.
    "Agency" means the Environmental Protection Agency.
    "Board" means the Capital Development Board.
    "Building" includes both residential buildings and
commercial buildings.
    "Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, including any published
supplements adopted by the Board and any amendments and
adaptations to the Code that are made by the Board.
    "Commercial building" means any building except a building
that is a residential building, as defined in this Section.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Municipality" means any city, village, or incorporated
town.
    "Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more,
the term "residential building" means a building containing
one or more dwelling units, not exceeding 4 stories above
grade, where occupants are primarily permanent.
(Source: P.A. 101-144, eff. 7-26-19.)
 
    (20 ILCS 3125/15)
    Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Agency Department, shall adopt the Code
as minimum requirements for commercial buildings, applying to
the construction of, renovations to, and additions to all
commercial buildings in the State. The Board, in consultation
with the Agency Department, shall also adopt the Code as the
minimum and maximum requirements for residential buildings,
applying to the construction of all residential buildings in
the State, except as provided for in Section 45 of this Act.
The Board may appropriately adapt the International Energy
Conservation Code to apply to the particular economy,
population distribution, geography, and climate of the State
and construction therein, consistent with the public policy
objectives of this Act.
(Source: P.A. 96-778, eff. 8-28-09.)
 
    (20 ILCS 3125/25)
    Sec. 25. Technical assistance.
    (a) The Agency Department shall make available to
builders, designers, engineers, and architects implementation
materials and training to explain the requirements of the Code
and describe methods of compliance acceptable to Code
Enforcement Officials.
    (b) The materials shall include software tools, simplified
prescriptive options, and other materials as appropriate. The
simplified materials shall be designed for projects in which a
design professional may not be involved.
    (c) The Agency Department shall provide local
jurisdictions with technical assistance concerning
implementation and enforcement of the Code.
(Source: P.A. 97-1033, eff. 8-17-12.)
 
    (20 ILCS 3125/30)
    Sec. 30. Enforcement. The Board, in consultation with the
Agency Department, shall determine procedures for compliance
with the Code. These procedures may include but need not be
limited to certification by a national, State, or local
accredited energy conservation program or inspections from
private Code-certified inspectors using the Code.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    Section 940. The Green Governments Illinois Act is amended
by changing Section 20 as follows:
 
    (20 ILCS 3954/20)
    Sec. 20. Responsibilities of the Council. The Council is
responsible for the development and dissemination of programs,
plans, and policies to reduce the environmental footprint of
State government and for improving the implementation of
greening the government initiatives in other institutions,
thereby reducing costs to taxpayers and improving efficiency
in operations. The Council shall convene on a quarterly basis
and shall be responsible for the following:
        (a) Establishing long-term environmental
    sustainability goals that the State will strive to achieve
    within a period of 3, 5, and 10 years to improve the energy
    and environmental performance of State buildings,
    consistent with efficiency and economic objectives. These
    goals shall, at a minimum, include the following:
    broad-based performance goals for energy efficiency; use
    of renewable fuels; water conservation; green purchasing;
    paper consumption; and solid waste generation. These goals
    can be met through increased efficiency, operational
    changes, and improved maintenance and use of
    cost-effective alternative technologies, raw materials,
    and fuels.
        The Council shall:
            (1) communicate the environmental sustainability
        goals to all State agencies;
            (2) establish an electronic system to track and
        report on environmental progress;
            (3) monitor improvement activities; and
            (4) propose new goals as appropriate.
        (b) Coordinating an awards program that recognizes
    units of State and local government and educational
    institutions for developing, adopting, and implementing
    innovative or exemplary environmental sustainability plans
    in conformance with this Act.
        (c) Creating specific guidance materials for State
    agencies, educational institutions, and units of local
    government on how to integrate environmental
    sustainability into existing management systems, planning,
    and operational practices, while still providing necessary
    services and ensuring efficient and effective operations.
    These guidance materials must include a list of
    environmental and energy best practices, case studies,
    policy language, model plans, and other resource
    information. These materials must be made available on a
    website devoted to the Green Governments Illinois program.
        (d) Developing and implementing, to the extent
    fiscally feasible, training programs designed to instill
    the importance and value of environmental sustainability.
        (e) Providing new ways for State government to build
    markets for environmentally preferable products and
    services without compromising price, competition, and
    availability. The Council shall initially focus on
    integrated pest management, bio-based products, recycled
    content paper, energy efficiency, renewable energy,
    alternative fuel vehicles, and green cleaning supplies.
    Within existing resources, and within 60 days after the
    effective date of this amendatory Act of the 96th General
    Assembly, the Department of Central Management Services,
    with the approval of the council, shall designate a single
    point of contact for State agencies, suppliers, and other
    interested parties to contact regarding environmentally
    preferable purchasing issues.
        (f) Working collaboratively with State agencies, units
    of local government, educational institutions, and the
    legislative branches of government to promote
    benchmarking, commissioning, and retro-commissioning to
    make government and institutional buildings more
    resource-efficient, energy efficient, and healthful public
    places.
        (g) Reviewing budgetary policy and making
    recommendations to the Governor on incentives for State
    agencies to undertake environmental improvements that
    result in long-term cost-savings, productivity
    enhancements, or other outcomes deemed appropriate to the
    State's sustainability goals.
        (h) Reporting annually to the Governor and the General
    Assembly on the results of environmental sustainability
    actions taken by State agencies, educational institutions
    and units of local government during the prior fiscal
    year. The report must include the environmental and
    economic benefits of the environmental sustainability
    actions, where feasible, the consumption of those actions,
    and provide recommendations for future environmental
    improvement activities during the following year. The
    report shall be filed by September 1, 2008, and November 1
    of each subsequent year.
        (h-5) Participating in the proposal review and
    subgrant award processes conducted by the Environmental
    Protection Agency Department of Commerce and Economic
    Opportunity to distribute the portion of funds eligible
    for State government use under the federal Energy
    Independence and Security Act of 2007, H.R. 6, Title V,
    Subtitle E (Energy Efficiency and Conservation Block
    Grants). A designee of the Governor shall also participate
    in these processes, and no subgrant may be awarded unless
    the Governor's designee first approves that subgrant.
        (i) The chairman of the Council shall determine
    whether or not the I-Cycle program is operating
    effectively and make recommendations concerning management
    of the I-Cycle program. The chairman has the authority to
    dissolve the I-Cycle program if the program is found to be
    ineffective.
(Source: P.A. 95-657, eff. 10-10-07; 96-74, eff. 7-24-09.)
 
    Section 945. The School Code is amended by changing
Sections 10-20.19c and 34-18.15 as follows:
 
    (105 ILCS 5/10-20.19c)  (from Ch. 122, par. 10-20.19c)
    Sec. 10-20.19c. Recycled paper and paper products and
solid waste management.
    (a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
    "Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
    "High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
    "Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
    "Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
    "Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt
rolls, and mill wrappers, obsolete inventories, and rejected
unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing
process such as fibers recovered from waste water or trimmings
of paper machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest
residues such as bark.
    "Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
    "Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
    "Unbleached packaging" includes corrugated and fiber
storage boxes.
    (a-5) Each school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or
supply, if economically and practically feasible.
    (b) Wherever economically and practically feasible, as
determined by the school board, the school board, all public
schools and attendance centers within a school district, and
their school supply stores shall procure recycled paper and
paper products as follows:
        (1) Beginning July 1, 2008, at least 10% of the total
    dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products.
        (2) Beginning July 1, 2011, at least 25% of the total
    dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products.
        (3) Beginning July 1, 2014, at least 50% of the total
    dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products.
        (4) Beginning July 1, 2020, at least 75% of the total
    dollar value of paper and paper products purchased by
    school boards, public schools and attendance centers, and
    their school supply stores shall be recycled paper and
    paper products.
        (5) Beginning upon the effective date of this
    amendatory Act of 1992, all paper purchased by the board
    of education, public schools and attendance centers for
    publication of student newspapers shall be recycled
    newsprint. The amount purchased shall not be included in
    calculating the amounts specified in paragraphs (1)
    through (4).
    (c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered
paper and paper products for the purposes of subsection (b),
unless purchased under contract for the printing of student
newspapers.
    (d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection
(b) shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
         (i) Recycled high grade printing and writing paper
    shall contain at least 50% recovered paper material. Such
    recovered paper material, until July 1, 2008, shall
    consist of at least 20% deinked stock or postconsumer
    material; and beginning July 1, 2008, shall consist of at
    least 25% deinked stock or postconsumer material; and
    beginning July 1, 2010, shall consist of at least 30%
    deinked stock or postconsumer material; and beginning July
    1, 2012, shall consist of at least 40% deinked stock or
    postconsumer material; and beginning July 1, 2014, shall
    consist of at least 50% deinked stock or postconsumer
    material.
         (ii) Recycled tissue products, until July 1, 1994,
    shall contain at least 25% postconsumer material; and
    beginning July 1, 1994, shall contain at least 30%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 35% postconsumer material; and beginning
    July 1, 1998, shall contain at least 40% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 45% postconsumer material.
         (iii) Recycled newsprint, until July 1, 1994, shall
    contain at least 40% postconsumer material; and beginning
    July 1, 1994, shall contain at least 50% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 60% postconsumer material; and beginning July 1,
    1998, shall contain at least 70% postconsumer material;
    and beginning July 1, 2000, shall contain at least 80%
    postconsumer material.
         (iv) Recycled unbleached packaging, until July 1,
    1994, shall contain at least 35% postconsumer material;
    and beginning July 1, 1994, shall contain at least 40%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 45% postconsumer material; and beginning
    July 1, 1998, shall contain at least 50% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 55% postconsumer material.
         (v) Recycled paperboard, until July 1, 1994, shall
    contain at least 80% postconsumer material; and beginning
    July 1, 1994, shall contain at least 85% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 90% postconsumer material; and beginning July 1,
    1998, shall contain at least 95% postconsumer material.
        (2) For the purposes of this Section, "postconsumer
    material" includes:
            (i) paper, paperboard, and fibrous waste from
        retail stores, office buildings, homes and so forth,
        after the waste has passed through its end usage as a
        consumer item, including used corrugated boxes, old
        newspapers, mixed waste paper, tabulating cards, and
        used cordage; and
            (ii) all paper, paperboard, and fibrous wastes
        that are diverted or separated from the municipal
        waste stream.
        (3) For the purposes of this Section, "recovered paper
    material" includes:
            (i) postconsumer material;
            (ii) dry paper and paperboard waste generated
        after completion of the papermaking process (that is,
        those manufacturing operations up to and including the
        cutting and trimming of the paper machine reel into
        smaller rolls or rough sheets), including envelope
        cuttings, bindery trimmings, and other paper and
        paperboard waste resulting from printing, cutting,
        forming and other converting operations, or from bag,
        box and carton manufacturing, and butt rolls, mill
        wrappers, and rejected unused stock; and
            (iii) finished paper and paperboard from obsolete
        inventories of paper and paperboard manufacturers,
        merchants, wholesalers, dealers, printers, converters
        or others.
    (e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by any school board or any public school or
attendance center within a school district, or which are sold
in any school supply store operated by or within any such
school or attendance center, other than newspapers written,
edited or produced by students enrolled in the school
district, public school or attendance center.
    (e-5) Each school district shall periodically review its
procedures on solid waste reduction regarding the management
of solid waste generated by academic, administrative, and
other institutional functions. Those waste reduction
procedures must be designed to, when economically and
practically feasible, recycle the school district's waste
stream, including without limitation landscape waste, computer
paper, and white office paper. School districts are encouraged
to have procedures that provide for the investigation of
potential markets for other recyclable materials that are
present in the school district's waste stream. The waste
reduction procedures must be designed to achieve, before July
1, 2020, at least a 50% reduction in the amount of solid waste
that is generated by the school district.
    (f) The State Board of Education, in coordination with the
Department Departments of Central Management Services and
Commerce and Economic Opportunity, may adopt such rules and
regulations as it deems necessary to assist districts in
carrying out the provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
 
    (105 ILCS 5/34-18.15)  (from Ch. 122, par. 34-18.15)
    Sec. 34-18.15. Recycled paper and paper products and solid
waste management.
    (a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
    "Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
    "High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
    "Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
    "Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
    "Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt
rolls, and mill wrappers, obsolete inventories, and rejected
unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing
process as fibers recovered from waste water or trimmings of
paper machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest
residues such as bark.
    "Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
    "Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
    "Unbleached packaging" includes corrugated and fiber
storage boxes.
    (a-5) The school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or
supply, if economically and practically feasible.
    (b) Wherever economically and practically feasible, as
determined by the board of education, the board of education,
all public schools and attendance centers within the school
district, and their school supply stores shall procure
recycled paper and paper products as follows:
        (1) Beginning July 1, 2008, at least 10% of the total
    dollar value of paper and paper products purchased by the
    board of education, public schools and attendance centers,
    and their school supply stores shall be recycled paper and
    paper products.
        (2) Beginning July 1, 2011, at least 25% of the total
    dollar value of paper and paper products purchased by the
    board of education, public schools and attendance centers,
    and their school supply stores shall be recycled paper and
    paper products.
        (3) Beginning July 1, 2014, at least 50% of the total
    dollar value of paper and paper products purchased by the
    board of education, public schools and attendance centers,
    and their school supply stores shall be recycled paper and
    paper products.
        (4) Beginning July 1, 2020, at least 75% of the total
    dollar value of paper and paper products purchased by the
    board of education, public schools and attendance centers,
    and their school supply stores shall be recycled paper and
    paper products.
        (5) Beginning upon the effective date of this
    amendatory Act of 1992, all paper purchased by the board
    of education, public schools and attendance centers for
    publication of student newspapers shall be recycled
    newsprint. The amount purchased shall not be included in
    calculating the amounts specified in paragraphs (1)
    through (4).
    (c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered
paper and paper products for the purposes of subsection (b),
unless purchased under contract for the printing of student
newspapers.
    (d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection
(b) shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
        (i) Recycled high grade printing and writing paper
    shall contain at least 50% recovered paper material. Such
    recovered paper material, until July 1, 2008, shall
    consist of at least 20% deinked stock or postconsumer
    material; and beginning July 1, 2008, shall consist of at
    least 25% deinked stock or postconsumer material; and
    beginning July 1, 2010, shall consist of at least 30%
    deinked stock or postconsumer material; and beginning July
    1, 2012, shall consist of at least 40% deinked stock or
    postconsumer material; and beginning July 1, 2014, shall
    consist of at least 50% deinked stock or postconsumer
    material.
        (ii) Recycled tissue products, until July 1, 1994,
    shall contain at least 25% postconsumer material; and
    beginning July 1, 1994, shall contain at least 30%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 35% postconsumer material; and beginning
    July 1, 1998, shall contain at least 40% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 45% postconsumer material.
        (iii) Recycled newsprint, until July 1, 1994, shall
    contain at least 40% postconsumer material; and beginning
    July 1, 1994, shall contain at least 50% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 60% postconsumer material; and beginning July 1,
    1998, shall contain at least 70% postconsumer material;
    and beginning July 1, 2000, shall contain at least 80%
    postconsumer material.
        (iv) Recycled unbleached packaging, until July 1,
    1994, shall contain at least 35% postconsumer material;
    and beginning July 1, 1994, shall contain at least 40%
    postconsumer material; and beginning July 1, 1996, shall
    contain at least 45% postconsumer material; and beginning
    July 1, 1998, shall contain at least 50% postconsumer
    material; and beginning July 1, 2000, shall contain at
    least 55% postconsumer material.
        (v) Recycled paperboard, until July 1, 1994, shall
    contain at least 80% postconsumer material; and beginning
    July 1, 1994, shall contain at least 85% postconsumer
    material; and beginning July 1, 1996, shall contain at
    least 90% postconsumer material; and beginning July 1,
    1998, shall contain at least 95% postconsumer material.
        (2) For the purposes of this Section, "postconsumer
    material" includes:
            (i) paper, paperboard, and fibrous waste from
        retail stores, office buildings, homes and so forth,
        after the waste has passed through its end usage as a
        consumer item, including used corrugated boxes, old
        newspapers, mixed waste paper, tabulating cards, and
        used cordage; and
            (ii) all paper, paperboard, and fibrous wastes
        that are diverted or separated from the municipal
        waste stream.
        (3) For the purpose of this Section, "recovered paper
    material" includes:
            (i) postconsumer material;
            (ii) dry paper and paperboard waste generated
        after completion of the papermaking process (that is,
        those manufacturing operations up to and including the
        cutting and trimming of the paper machine reel into
        smaller rolls or rough sheets), including envelope
        cuttings, bindery trimmings, and other paper and
        paperboard waste resulting from printing, cutting,
        forming and other converting operations, or from bag,
        box and carton manufacturing, and butt rolls, mill
        wrappers, and rejected unused stock; and
            (iii) finished paper and paperboard from obsolete
        inventories of paper and paperboard manufacturers,
        merchants, wholesalers, dealers, printers, converters
        or others.
    (e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by the board of education or any public
school or attendance center within the school district, or
which are sold in any school supply store operated by or within
any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school
district, public school or attendance center.
    (e-5) The school district shall periodically review its
procedures on solid waste reduction regarding the management
of solid waste generated by academic, administrative, and
other institutional functions. Those waste reduction
procedures must be designed to, when economically and
practically feasible, recycle the school district's waste
stream, including without limitation landscape waste, computer
paper, and white office paper. The school district is
encouraged to have procedures that provide for the
investigation of potential markets for other recyclable
materials that are present in the school district's waste
stream. The waste reduction procedures must be designed to
achieve, before July 1, 2020, at least a 50% reduction in the
amount of solid waste that is generated by the school
district.
    (f) The State Board of Education, in coordination with the
Department Departments of Central Management Services and
Commerce and Economic Opportunity, may adopt such rules and
regulations as it deems necessary to assist districts in
carrying out the provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
 
    Section 950. The Environmental Protection Act is amended
by changing Sections 22.15, 22.16b, 55.3, 55.7, 58.14a, and
58.15 as follows:
 
    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15. Solid Waste Management Fund; fees.
    (a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by either the Agency or the
Department of Commerce and Economic Opportunity in repayment
of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
    (b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2021, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
        (1) If more than 150,000 cubic yards of non-hazardous
    solid waste is permanently disposed of at a site in a
    calendar year, the owner or operator shall either pay a
    fee of 95 cents per cubic yard or, alternatively, the
    owner or operator may weigh the quantity of the solid
    waste permanently disposed of with a device for which
    certification has been obtained under the Weights and
    Measures Act and pay a fee of $2.00 per ton of solid waste
    permanently disposed of. In no case shall the fee
    collected or paid by the owner or operator under this
    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
        (2) If more than 100,000 cubic yards but not more than
    150,000 cubic yards of non-hazardous waste is permanently
    disposed of at a site in a calendar year, the owner or
    operator shall pay a fee of $52,630.
        (3) If more than 50,000 cubic yards but not more than
    100,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $23,790.
        (4) If more than 10,000 cubic yards but not more than
    50,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $7,260.
        (5) If not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall pay a
    fee of $1050.
    (c) (Blank).
    (d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
        (1) necessary records identifying the quantities of
    solid waste received or disposed;
        (2) the form and submission of reports to accompany
    the payment of fees to the Agency;
        (3) the time and manner of payment of fees to the
    Agency, which payments shall not be more often than
    quarterly; and
        (4) procedures setting forth criteria establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, and for the administration of
(1) the Consumer Electronics Recycling Act and (2) until
January 1, 2020, the Electronic Products Recycling and Reuse
Act.
    (f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
    (g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
    (h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
    (i) The Agency is authorized to conduct household waste
collection and disposal programs.
    (j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including but not limited to an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
        (1) 60 per cubic yard if more than 150,000 cubic
    yards of non-hazardous solid waste is permanently disposed
    of at the site in a calendar year, unless the owner or
    operator weighs the quantity of the solid waste received
    with a device for which certification has been obtained
    under the Weights and Measures Act, in which case the fee
    shall not exceed $1.27 per ton of solid waste permanently
    disposed of.
        (2) $33,350 if more than 100,000 cubic yards, but not
    more than 150,000 cubic yards, of non-hazardous waste is
    permanently disposed of at the site in a calendar year.
        (3) $15,500 if more than 50,000 cubic yards, but not
    more than 100,000 cubic yards, of non-hazardous solid
    waste is permanently disposed of at the site in a calendar
    year.
        (4) $4,650 if more than 10,000 cubic yards, but not
    more than 50,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (5) $650 if not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at
    the site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
    A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
    If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
    The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the
Agency, in April of each year, a report that details spending
plans for monies collected in accordance with this subsection.
The report will at a minimum include the following:
        (1) The total monies collected pursuant to this
    subsection.
        (2) The most current balance of monies collected
    pursuant to this subsection.
        (3) An itemized accounting of all monies expended for
    the previous year pursuant to this subsection.
        (4) An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
        (5) A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully
executed before June 1, 1986 under which more than 150,000
cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
    (k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
        (1) waste which is hazardous waste;
        (2) waste which is pollution control waste;
        (3) waste from recycling, reclamation or reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so as to
    render such wastes reusable, provided that the process
    renders at least 50% of the waste reusable;
        (4) non-hazardous solid waste that is received at a
    sanitary landfill and composted or recycled through a
    process permitted by the Agency; or
        (5) any landfill which is permitted by the Agency to
    receive only demolition or construction debris or
    landscape waste.
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
shall assess and collect a fee from the owner or operator of
each new municipal waste incinerator. The fee shall be
calculated by applying the rates established from time to time
for the disposal of solid waste at sanitary landfills under
subdivision (b)(1) of Section 22.15 to the total amount of
municipal waste accepted for incineration at the new municipal
waste incinerator. The exemptions provided by this Act to the
fees imposed under subsection (b) of Section 22.15 shall not
apply to the fee imposed by this Section.
    The owner or operator of any new municipal waste
incinerator permitted after January 1, 1990, but before July
1, 1990 by the Agency for the development or operation of a new
municipal waste incinerator shall be exempt from this fee, but
shall include the following conditions:
        (1) The owner or operator shall provide information
    programs to those communities serviced by the owner or
    operator concerning recycling and separation of waste not
    suitable for incineration.
        (2) The owner or operator shall provide information
    programs to those communities serviced by the owner or
    operator concerning the Agency's household hazardous waste
    collection program and participation in that program.
    For the purposes of this Section, "new municipal waste
incinerator" means a municipal waste incinerator initially
permitted for development or construction on or after January
1, 1990.
    Amounts collected under this subsection shall be deposited
into the Municipal Waste Incinerator Tax Fund, which is hereby
established as an interest-bearing special fund in the State
Treasury. Monies in the Fund may be used, subject to
appropriation:
        (1) by the Agency Department of Commerce and Economic
    Opportunity to fund its public information programs on
    recycling in those communities served by new municipal
    waste incinerators; and
        (2) by the Agency to fund its household hazardous
    waste collection activities in those communities served by
    new municipal waste incinerators.
    (b) Any permit issued by the Agency for the development or
operation of a new municipal waste incinerator shall include
the following conditions:
        (1) The incinerator must be designed to provide
    continuous monitoring while in operation, with direct
    transmission of the resultant data to the Agency, until
    the Agency determines the best available control
    technology for monitoring the data. The Agency shall
    establish the test methods, procedures and averaging
    periods, as certified by the USEPA for solid waste
    incinerator units, and the form and frequency of reports
    containing results of the monitoring. Compliance and
    enforcement shall be based on such reports. Copies of the
    results of such monitoring shall be maintained on file at
    the facility concerned for one year, and copies shall be
    made available for inspection and copying by interested
    members of the public during business hours.
        (2) The facility shall comply with the emission limits
    adopted by the Agency under subsection (c).
        (3) The operator of the facility shall take reasonable
    measures to ensure that waste accepted for incineration
    complies with all legal requirements for incineration. The
    incinerator operator shall establish contractual
    requirements or other notification and inspection
    procedures sufficient to assure compliance with this
    subsection (b)(3) which may include, but not be limited
    to, routine inspections of waste, lists of acceptable and
    unacceptable waste provided to haulers and notification to
    the Agency when the facility operator rejects and sends
    loads away. The notification shall contain at least the
    name of the hauler and the site from where the load was
    hauled.
        (4) The operator may not accept for incineration any
    waste generated or collected in a municipality that has
    not implemented a recycling plan or is party to an
    implemented county plan, consistent with State goals and
    objectives. Such plans shall include provisions for
    collecting, recycling or diverting from landfills and
    municipal incinerators landscape waste, household
    hazardous waste and batteries. Such provisions may be
    performed at the site of the new municipal incinerator.
    The Agency, after careful scrutiny of a permit application
for the construction, development or operation of a new
municipal waste incinerator, shall deny the permit if (i) the
Agency finds in the permit application noncompliance with the
laws and rules of the State or (ii) the application indicates
that the mandated air emissions standards will not be reached
within six months of the proposed municipal waste incinerator
beginning operation.
    (c) The Agency shall adopt specific limitations on the
emission of mercury, chromium, cadmium and lead, and good
combustion practices, including temperature controls from
municipal waste incinerators pursuant to Section 9.4 of the
Act.
    (d) The Agency shall establish household hazardous waste
collection centers in appropriate places in this State. The
Agency may operate and maintain the centers itself or may
contract with other parties for that purpose. The Agency shall
ensure that the wastes collected are properly disposed of. The
collection centers may charge fees for their services, not to
exceed the costs incurred. Such collection centers shall not
(i) be regulated as hazardous waste facilities under RCRA nor
(ii) be subject to local siting approval under Section 39.2 if
the local governing authority agrees to waive local siting
approval procedures.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 5/55.3)  (from Ch. 111 1/2, par. 1055.3)
    Sec. 55.3. (a) Upon finding that an accumulation of used
or waste tires creates an immediate danger to health, the
Agency may take action pursuant to Section 34 of this Act.
    (b) Upon making a finding that an accumulation of used or
waste tires creates a hazard posing a threat to public health
or the environment, the Agency may undertake preventive or
corrective action in accordance with this subsection. Such
preventive or corrective action may consist of any or all of
the following:
        (1) Treating and handling used or waste tires and
    other infested materials within the area for control of
    mosquitoes and other disease vectors.
        (2) Relocation of ignition sources and any used or
    waste tires within the area for control and prevention of
    tire fires.
        (3) Removal of used and waste tire accumulations from
    the area.
        (4) Removal of soil and water contamination related to
    tire accumulations.
        (5) Installation of devices to monitor and control
    groundwater and surface water contamination related to
    tire accumulations.
        (6) Such other actions as may be authorized by Board
    regulations.
    (c) The Agency may, subject to the availability of
appropriated funds, undertake a consensual removal action for
the removal of up to 1,000 used or waste tires at no cost to
the owner according to the following requirements:
        (1) Actions under this subsection shall be taken
    pursuant to a written agreement between the Agency and the
    owner of the tire accumulation.
        (2) The written agreement shall at a minimum specify:
            (i) that the owner relinquishes any claim of an
        ownership interest in any tires that are removed, or
        in any proceeds from their sale;
            (ii) that tires will no longer be allowed to be
        accumulated at the site;
            (iii) that the owner will hold harmless the Agency
        or any employee or contractor utilized by the Agency
        to effect the removal, for any damage to property
        incurred during the course of action under this
        subsection, except for gross negligence or intentional
        misconduct; and
            (iv) any conditions upon or assistance required
        from the owner to assure that the tires are so located
        or arranged as to facilitate their removal.
        (3) The Agency may by rule establish conditions and
    priorities for removal of used and waste tires under this
    subsection.
        (4) The Agency shall prescribe the form of written
    agreements under this subsection.
    (d) The Agency shall have authority to provide notice to
the owner or operator, or both, of a site where used or waste
tires are located and to the owner or operator, or both, of the
accumulation of tires at the site, whenever the Agency finds
that the used or waste tires pose a threat to public health or
the environment, or that there is no owner or operator
proceeding in accordance with a tire removal agreement
approved under Section 55.4.
    The notice provided by the Agency shall include the
identified preventive or corrective action, and shall provide
an opportunity for the owner or operator, or both, to perform
such action.
    For sites with more than 250,000 passenger tire
equivalents, following the notice provided for by this
subsection (d), the Agency may enter into a written
reimbursement agreement with the owner or operator of the
site. The agreement shall provide a schedule for the owner or
operator to reimburse the Agency for costs incurred for
preventive or corrective action, which shall not exceed 5
years in length. An owner or operator making payments under a
written reimbursement agreement pursuant to this subsection
(d) shall not be liable for punitive damages under subsection
(h) of this Section.
    (e) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of taking
whatever preventive or corrective action is necessary and
appropriate in accordance with the provisions of this Section,
including but not limited to removal, processing or treatment
of used or waste tires, whenever the Agency finds that used or
waste tires pose a threat to public health or the environment.
    (f) In undertaking preventive, corrective or consensual
removal action under this Section the Agency may consider use
of the following: rubber reuse alternatives, shredding or
other conversion through use of mobile or fixed facilities,
energy recovery through burning or incineration, and landfill
disposal. To the extent practicable, the Agency shall consult
with the Department of Commerce and Economic Opportunity
regarding the availability of alternatives to landfilling used
and waste tires, and shall make every reasonable effort to
coordinate tire cleanup projects with applicable programs that
relate to such alternative practices.
    (g) Except as otherwise provided in this Section, the
owner or operator of any site or accumulation of used or waste
tires at which the Agency has undertaken corrective or
preventive action under this Section shall be liable for all
costs thereof incurred by the State of Illinois, including
reasonable costs of collection. Any monies received by the
Agency hereunder shall be deposited into the Used Tire
Management Fund. The Agency may in its discretion store,
dispose of or convey the tires that are removed from an area at
which it has undertaken a corrective, preventive or consensual
removal action, and may sell or store such tires and other
items, including but not limited to rims, that are removed
from the area. The net proceeds of any sale shall be credited
against the liability incurred by the owner or operator for
the costs of any preventive or corrective action.
    (h) Any person liable to the Agency for costs incurred
under subsection (g) of this Section may be liable to the State
of Illinois for punitive damages in an amount at least equal
to, and not more than 2 times, the costs incurred by the State
if such person failed without sufficient cause to take
preventive or corrective action pursuant to notice issued
under subsection (d) of this Section.
    (i) There shall be no liability under subsection (g) of
this Section for a person otherwise liable who can establish
by a preponderance of the evidence that the hazard created by
the tires was caused solely by:
        (1) an act of God;
        (2) an act of war; or
        (3) an act or omission of a third party other than an
    employee or agent, and other than a person whose act or
    omission occurs in connection with a contractual
    relationship with the person otherwise liable.
    For the purposes of this subsection, "contractual
relationship" includes, but is not limited to, land contracts,
deeds and other instruments transferring title or possession,
unless the real property upon which the accumulation is
located was acquired by the defendant after the disposal or
placement of used or waste tires on, in or at the property and
one or more of the following circumstances is also established
by a preponderance of the evidence:
            (A) at the time the defendant acquired the
        property, the defendant did not know and had no reason
        to know that any used or waste tires had been disposed
        of or placed on, in or at the property, and the
        defendant undertook, at the time of acquisition, all
        appropriate inquiries into the previous ownership and
        uses of the property consistent with good commercial
        or customary practice in an effort to minimize
        liability;
            (B) the defendant is a government entity which
        acquired the property by escheat or through any other
        involuntary transfer or acquisition, or through the
        exercise of eminent domain authority by purchase or
        condemnation; or
            (C) the defendant acquired the property by
        inheritance or bequest.
    (j) Nothing in this Section shall affect or modify the
obligations or liability of any person under any other
provision of this Act, federal law, or State law, including
the common law, for injuries, damages or losses resulting from
the circumstances leading to Agency action under this Section.
    (k) The costs and damages provided for in this Section may
be imposed by the Board in an action brought before the Board
in accordance with Title VIII of this Act, except that
subsection (c) of Section 33 of this Act shall not apply to any
such action.
    (l) The Agency shall, when feasible, consult with the
Department of Public Health prior to taking any action to
remove or treat an infested tire accumulation for control of
mosquitoes or other disease vectors. The Agency may by
contract or agreement secure the services of the Department of
Public Health, any local public health department, or any
other qualified person in treating any such infestation as
part of an emergency or preventive action.
    (m) Neither the State, the Agency, the Board, the
Director, nor any State employee shall be liable for any
damage or injury arising out of or resulting from any action
taken under this Section.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 5/55.7)  (from Ch. 111 1/2, par. 1055.7)
    Sec. 55.7. The Agency Department of Commerce and Economic
Opportunity may adopt regulations as necessary for the
administration of the grant and loan programs funded from the
Used Tire Management Fund, including but not limited to
procedures and criteria for applying for, evaluating, awarding
and terminating grants and loans. The Agency Department of
Commerce and Economic Opportunity may by rule specify criteria
for providing grant assistance rather than loan assistance;
such criteria shall promote the expeditious development of
alternatives to the disposal of used tires, and the efficient
use of monies for assistance. Evaluation criteria may be
established by rule, considering such factors as:
        (1) the likelihood that a proposal will lead to the
    actual collection and processing of used tires and
    protection of the environment and public health in
    furtherance of the purposes of this Act;
        (2) the feasibility of the proposal;
        (3) the suitability of the location for the proposed
    activity;
        (4) the potential of the proposal for encouraging
    recycling and reuse of resources; and
        (5) the potential for development of new technologies
    consistent with the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 5/58.14a)
    Sec. 58.14a. River Edge Redevelopment Zone Site
Remediation Tax Credit Review.
    (a) Prior to applying for the River Edge Redevelopment
Zone site remediation tax credit under subsection (n) of
Section 201 of the Illinois Income Tax Act, a Remediation
Applicant must first submit to the Agency an application for
review of remediation costs. The Agency shall review the
application in consultation with the Department of Commerce
and Economic Opportunity. The application and review process
must be conducted in accordance with the requirements of this
Section and the rules adopted under subsection (g). A
preliminary review of the estimated remediation costs for
development and implementation of the Remedial Action Plan may
be obtained in accordance with subsection (d).
    (b) No application for review may be submitted until a No
Further Remediation Letter has been issued by the Agency and
recorded in the chain of title for the site in accordance with
Section 58.10. The Agency shall review the application to
determine whether the costs submitted are remediation costs
and whether the costs incurred are reasonable. The application
must be on forms prescribed and provided by the Agency. At a
minimum, the application must include the following:
        (1) information identifying the Remediation Applicant,
    the site for which the tax credit is being sought, and the
    date of acceptance of the site into the Site Remediation
    Program;
        (2) a copy of the No Further Remediation Letter with
    official verification that the letter has been recorded in
    the chain of title for the site and a demonstration that
    the site for which the application is submitted is the
    same site as the one for which the No Further Remediation
    Letter is issued;
        (3) a demonstration that the release of the regulated
    substances of concern for which the No Further Remediation
    Letter was issued were not caused or contributed to in any
    material respect by the Remediation Applicant.
    Determinations as to credit availability shall be made
    consistent with the Pollution Control Board rules for the
    administration and enforcement of Section 58.9 of this
    Act;
        (4) an itemization and documentation, including
    receipts, of the remediation costs incurred;
        (5) a demonstration that the costs incurred are
    remediation costs as defined in this Act and its rules;
        (6) a demonstration that the costs submitted for
    review were incurred by the Remediation Applicant who
    received the No Further Remediation Letter;
        (7) an application fee in the amount set forth in
    subsection (e) for each site for which review of
    remediation costs is requested and, if applicable,
    certification from the Department of Commerce and Economic
    Opportunity that the site is located in a River Edge
    Redevelopment Zone; and
        (8) any other information deemed appropriate by the
    Agency.
    (c) Within 60 days after receipt by the Agency of an
application meeting the requirements of subsection (b), the
Agency shall issue a letter to the applicant approving,
disapproving, or modifying the remediation costs submitted in
the application. If the remediation costs are approved as
submitted, then the Agency's letter must state the amount of
the remediation costs to be applied toward the River Edge
Redevelopment Zone site remediation tax credit. If an
application is disapproved or approved with modification of
remediation costs, then the Agency's letter must set forth the
reasons for the disapproval or modification and must state the
amount of the remediation costs, if any, to be applied toward
the River Edge Redevelopment Zone site remediation tax credit.
    If a preliminary review of a budget plan has been obtained
under subsection (d), then the Remediation Applicant may
submit, with the application and supporting documentation
under subsection (b), a copy of the Agency's final
determination accompanied by a certification that the actual
remediation costs incurred for the development and
implementation of the Remedial Action Plan are equal to or
less than the costs approved in the Agency's final
determination on the budget plan. The certification must be
signed by the Remediation Applicant and notarized. Based on
that submission, the Agency is not required to conduct further
review of the costs incurred for development and
implementation of the Remedial Action Plan, and it may approve
the costs as submitted. Within 35 days after the receipt of an
Agency letter disapproving or modifying an application for
approval of remediation costs, the Remediation Applicant may
appeal the Agency's decision to the Board in the manner
provided for the review of permits under Section 40 of this
Act.
    (d) A Remediation Applicant may obtain a preliminary
review of estimated remediation costs for the development and
implementation of the Remedial Action Plan by submitting a
budget plan along with the Remedial Action Plan. The budget
plan must be set forth on forms prescribed and provided by the
Agency and must include, without limitation, line-item
estimates of the costs associated with each line item (such as
personnel, equipment, and materials) that the Remediation
Applicant anticipates will be incurred for the development and
implementation of the Remedial Action Plan. The Agency shall
review the budget plan along with the Remedial Action Plan to
determine whether the estimated costs submitted are
remediation costs and whether the costs estimated for the
activities are reasonable.
    If the Remedial Action Plan is amended by the Remediation
Applicant or as a result of Agency action, then the
corresponding budget plan must be revised accordingly and
resubmitted for Agency review.
    The budget plan must be accompanied by the applicable fee
as set forth in subsection (e).
    The submittal of a budget plan is deemed to be an automatic
60-day waiver of the Remedial Action Plan review deadlines set
forth in this Section and its rules.
    Within the applicable period of review, the Agency shall
issue a letter to the Remediation Applicant approving,
disapproving, or modifying the estimated remediation costs
submitted in the budget plan. If a budget plan is disapproved
or approved with modification of estimated remediation costs,
then the Agency's letter must set forth the reasons for the
disapproval or modification.
    Within 35 days after receipt of an Agency letter
disapproving or modifying a budget plan, the Remediation
Applicant may appeal the Agency's decision to the Board in the
manner provided for the review of permits under Section 40 of
this Act.
    (e) Any fee for a review conducted under this Section is in
addition to any other fees or payments for Agency services
rendered under the Site Remediation Program. The fees under
this Section are as follows:
        (1) the fee for an application for review of
    remediation costs is $250 for each site reviewed; and
        (2) there is no fee for the review of the budget plan
    submitted under subsection (d).
    The application fee must be made payable to the State of
Illinois, for deposit into the Hazardous Waste Fund. Pursuant
to appropriation, the Agency shall use the fees collected
under this subsection for development and administration of
the review program.
    (f) The Agency has the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties and responsibilities under this Section.
    (g) The Agency shall adopt rules prescribing procedures
and standards for its administration of this Section. Prior to
the effective date of rules adopted under this Section, the
Agency may conduct reviews of applications under this Section.
The Agency may publish informal guidelines concerning this
Section to provide guidance.
(Source: P.A. 95-454, eff. 8-27-07.)
 
    (415 ILCS 5/58.15)
    Sec. 58.15. Brownfields Programs.
(A) Brownfields Redevelopment Loan Program.
    (a) The Agency shall establish and administer a revolving
loan program to be known as the "Brownfields Redevelopment
Loan Program" for the purpose of providing loans to be used for
site investigation, site remediation, or both, at brownfields
sites. All principal, interest, and penalty payments from
loans made under this subsection (A) shall be deposited into
the Brownfields Redevelopment Fund and reused in accordance
with this Section.
    (b) General requirements for loans:
        (1) Loans shall be at or below market interest rates
    in accordance with a formula set forth in regulations
    promulgated under subdivision (A)(c) of this subsection
    (A).
        (2) Loans shall be awarded subject to availability of
    funding based on the order of receipt of applications
    satisfying all requirements as set forth in the
    regulations promulgated under subdivision (A)(c) of this
    subsection (A).
        (3) The maximum loan amount under this subsection (A)
    for any one project is $1,000,000.
        (4) In addition to any requirements or conditions
    placed on loans by regulation, loan agreements under the
    Brownfields Redevelopment Loan Program shall include the
    following requirements:
            (A) the loan recipient shall secure the loan
        repayment obligation;
            (B) completion of the loan repayment shall not
        exceed 15 years or as otherwise prescribed by Agency
        rule; and
            (C) loan agreements shall provide for a confession
        of judgment by the loan recipient upon default.
        (5) Loans shall not be used to cover expenses incurred
    prior to the approval of the loan application.
        (6) If the loan recipient fails to make timely
    payments or otherwise fails to meet its obligations as
    provided in this subsection (A) or implementing
    regulations, the Agency is authorized to pursue the
    collection of the amounts past due, the outstanding loan
    balance, and the costs thereby incurred, either pursuant
    to the Illinois State Collection Act of 1986 or by any
    other means provided by law, including the taking of
    title, by foreclosure or otherwise, to any project or
    other property pledged, mortgaged, encumbered, or
    otherwise available as security or collateral.
    (c) The Agency shall have the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties or responsibilities under this subsection (A). The
Agency shall have the authority to promulgate regulations
setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations
promulgated by the Agency for loans under this subsection (A)
shall include, but need not be limited to, the following
elements:
        (1) loan application requirements;
        (2) determination of credit worthiness of the loan
    applicant;
        (3) types of security required for the loan;
        (4) types of collateral, as necessary, that can be
    pledged for the loan;
        (5) special loan terms, as necessary, for securing the
    repayment of the loan;
        (6) maximum loan amounts;
        (7) purposes for which loans are available;
        (8) application periods and content of applications;
        (9) procedures for Agency review of loan applications,
    loan approvals or denials, and loan acceptance by the loan
    recipient;
        (10) procedures for establishing interest rates;
        (11) requirements applicable to disbursement of loans
    to loan recipients;
        (12) requirements for securing loan repayment
    obligations;
        (13) conditions or circumstances constituting default;
        (14) procedures for repayment of loans and delinquent
    loans including, but not limited to, the initiation of
    principal and interest payments following loan acceptance;
        (15) loan recipient responsibilities for work
    schedules, work plans, reports, and record keeping;
        (16) evaluation of loan recipient performance,
    including auditing and access to sites and records;
        (17) requirements applicable to contracting and
    subcontracting by the loan recipient, including
    procurement requirements;
        (18) penalties for noncompliance with loan
    requirements and conditions, including stop-work orders,
    termination, and recovery of loan funds; and
        (19) indemnification of the State of Illinois and the
    Agency by the loan recipient.
    (d) Moneys in the Brownfields Redevelopment Fund may be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the
State or any political subdivision or instrumentality thereof,
if the proceeds of those bonds will be deposited into the Fund.
 
(B) Brownfields Site Restoration Program.
    (a) (1) The Agency, with the assistance of the Department
    of Commerce and Economic Opportunity, must establish and
    administer a program for the payment of remediation costs
    to be known as the Brownfields Site Restoration Program.
    The Agency, through the Program, shall provide Remediation
    Applicants with financial assistance for the investigation
    and remediation of abandoned or underutilized properties.
    The investigation and remediation shall be performed in
    accordance with this Title XVII of this Act.
        (2) For each State fiscal year in which funds are made
    available to the Agency for payment under this subsection
    (B), the Agency must, subject to the availability of
    funds, allocate 20% of the funds to be available to
    Remediation Applicants within counties with populations
    over 2,000,000. The remaining funds must be made available
    to all other Remediation Applicants in the State.
        (3) The Agency must not approve payment in excess of
    $750,000 to a Remediation Applicant for remediation costs
    incurred at a remediation site. Eligibility must be
    determined based on a minimum capital investment in the
    redevelopment of the site, and payment amounts must not
    exceed the net economic benefit to the State of the
    remediation project. In addition to these limitations, the
    total payment to be made to an applicant must not exceed an
    amount equal to 20% of the capital investment at the site.
        (4) Only those remediation projects for which a No
    Further Remediation Letter is issued by the Agency after
    December 31, 2001 are eligible to participate in the
    Brownfields Site Restoration Program. The program does not
    apply to any sites that have received a No Further
    Remediation Letter prior to December 31, 2001 or for costs
    incurred prior to the Agency Department of Commerce and
    Economic Opportunity (formerly Department of Commerce and
    Community Affairs) approving a site eligible for the
    Brownfields Site Restoration Program.
        (5) Brownfields Site Restoration Program funds shall
    be subject to availability of funding and distributed
    based on the order of receipt of applications satisfying
    all requirements as set forth in this Section.
    (b) Prior to applying to the Agency for payment, a
Remediation Applicant shall first submit to the Agency its
proposed remediation costs. The Agency shall make a
pre-application assessment, which is not to be binding upon
the Department of Commerce and Economic Opportunity or upon
future review of the project, relating only to whether the
Agency has adequate funding to reimburse the applicant for the
remediation costs if the applicant is found to be eligible for
reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the
applicant for remediation costs, the Remediation Applicant may
then submit to the Agency Department of Commerce and Economic
Opportunity an application for review of eligibility. The
Agency Department must review the eligibility application to
determine whether the Remediation Applicant is eligible for
the payment. The application must be on forms prescribed and
provided by the Agency Department of Commerce and Economic
Opportunity. At a minimum, the application must include the
following:
        (1) Information identifying the Remediation Applicant
    and the site for which the payment is being sought and the
    date of acceptance into the Site Remediation Program.
        (2) Information demonstrating that the site for which
    the payment is being sought is abandoned or underutilized
    property. "Abandoned property" means real property
    previously used for, or that has the potential to be used
    for, commercial or industrial purposes that reverted to
    the ownership of the State, a county or municipal
    government, or an agency thereof, through donation,
    purchase, tax delinquency, foreclosure, default, or
    settlement, including conveyance by deed in lieu of
    foreclosure; or privately owned property that has been
    vacant for a period of not less than 3 years from the time
    an application is made to the Agency Department of
    Commerce and Economic Opportunity. "Underutilized
    property" means real property of which less than 35% of
    the commercially usable space of the property and
    improvements thereon are used for their most commercially
    profitable and economically productive uses.
        (3) Information demonstrating that remediation of the
    site for which the payment is being sought will result in a
    net economic benefit to the State of Illinois. The "net
    economic benefit" must be determined based on factors
    including, but not limited to, the capital investment, the
    number of jobs created, the number of jobs retained if it
    is demonstrated the jobs would otherwise be lost, capital
    improvements, the number of construction-related jobs,
    increased sales, material purchases, other increases in
    service and operational expenditures, and other factors
    established by the Agency Department of Commerce and
    Economic Opportunity. Priority must be given to sites
    located in areas with high levels of poverty, where the
    unemployment rate exceeds the State average, where an
    enterprise zone exists, or where the area is otherwise
    economically depressed as determined by the Agency
    Department of Commerce and Economic Opportunity.
        (4) An application fee in the amount set forth in
    subdivision (B)(c) for each site for which review of an
    application is being sought.
    (c) The fee for eligibility reviews conducted by the
Agency Department of Commerce and Economic Opportunity under
this subsection (B) is $1,000 for each site reviewed. The
application fee must be made payable to the Agency Department
of Commerce and Economic Opportunity for deposit into the
Brownfields Redevelopment Workforce, Technology, and Economic
Development Fund. These application fees shall be used by the
Agency Department for administrative expenses incurred under
this subsection (B).
    (d) Within 60 days after receipt by the Agency Department
of Commerce and Economic Opportunity of an application meeting
the requirements of subdivision (B)(b), the Agency Department
of Commerce and Economic Opportunity must issue a letter to
the applicant approving the application, approving the
application with modifications, or disapproving the
application. If the application is approved or approved with
modifications, the Agency's Department of Commerce and
Economic Opportunity's letter must also include its
determination of the "net economic benefit" of the remediation
project and the maximum amount of the payment to be made
available to the applicant for remediation costs. The payment
by the Agency under this subsection (B) must not exceed the
"net economic benefit" of the remediation project, as
determined by the Department of Commerce and Economic
Opportunity.
    (e) An application for a review of remediation costs must
not be submitted to the Agency unless the Agency Department of
Commerce and Economic Opportunity has determined the
Remediation Applicant is eligible under subdivision (B)(d). If
the Agency Department of Commerce and Economic Opportunity has
determined that a Remediation Applicant is eligible under
subdivision (B)(d), the Remediation Applicant may submit an
application for payment to the Agency under this subsection
(B). Except as provided in subdivision (B)(f), an application
for review of remediation costs must not be submitted until a
No Further Remediation Letter has been issued by the Agency
and recorded in the chain of title for the site in accordance
with Section 58.10. The Agency must review the application to
determine whether the costs submitted are remediation costs
and whether the costs incurred are reasonable. The application
must be on forms prescribed and provided by the Agency. At a
minimum, the application must include the following:
        (1) Information identifying the Remediation Applicant
    and the site for which the payment is being sought and the
    date of acceptance of the site into the Site Remediation
    Program.
        (2) A copy of the No Further Remediation Letter with
    official verification that the letter has been recorded in
    the chain of title for the site and a demonstration that
    the site for which the application is submitted is the
    same site as the one for which the No Further Remediation
    Letter is issued.
        (3) A demonstration that the release of the regulated
    substances of concern for which the No Further Remediation
    Letter was issued was not caused or contributed to in any
    material respect by the Remediation Applicant. The Agency
    must make determinations as to reimbursement availability
    consistent with rules adopted by the Pollution Control
    Board for the administration and enforcement of Section
    58.9 of this Act.
        (4) A copy of the Agency's Department of Commerce and
    Economic Opportunity's letter approving eligibility,
    including the net economic benefit of the remediation
    project.
        (5) An itemization and documentation, including
    receipts, of the remediation costs incurred.
        (6) A demonstration that the costs incurred are
    remediation costs as defined in this Act and rules adopted
    under this Act.
        (7) A demonstration that the costs submitted for
    review were incurred by the Remediation Applicant who
    received the No Further Remediation Letter.
        (8) An application fee in the amount set forth in
    subdivision (B)(j) for each site for which review of
    remediation costs is requested.
        (9) Any other information deemed appropriate by the
    Agency.
    (f) An application for review of remediation costs may be
submitted to the Agency prior to the issuance of a No Further
Remediation Letter if the Remediation Applicant has a Remedial
Action Plan approved by the Agency under the terms of which the
Remediation Applicant will remediate groundwater for more than
one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether
the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the
application must include the following:
        (1) Information identifying the Remediation Applicant
    and the site for which the payment is being sought and the
    date of acceptance of the site into the Site Remediation
    Program.
        (2) A copy of the Agency letter approving the Remedial
    Action Plan.
        (3) A demonstration that the release of the regulated
    substances of concern for which the Remedial Action Plan
    was approved was not caused or contributed to in any
    material respect by the Remediation Applicant. The Agency
    must make determinations as to reimbursement availability
    consistent with rules adopted by the Pollution Control
    Board for the administration and enforcement of Section
    58.9 of this Act.
        (4) A copy of the Agency's Department of Commerce and
    Economic Opportunity's letter approving eligibility,
    including the net economic benefit of the remediation
    project.
        (5) An itemization and documentation, including
    receipts, of the remediation costs incurred.
        (6) A demonstration that the costs incurred are
    remediation costs as defined in this Act and rules adopted
    under this Act.
        (7) A demonstration that the costs submitted for
    review were incurred by the Remediation Applicant who
    received approval of the Remediation Action Plan.
        (8) An application fee in the amount set forth in
    subdivision (B)(j) for each site for which review of
    remediation costs is requested.
        (9) Any other information deemed appropriate by the
    Agency.
    (g) For a Remediation Applicant seeking a payment under
subdivision (B)(f), until the Agency issues a No Further
Remediation Letter for the site, no more than 75% of the
allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the
Agency of a No Further Remediation Letter for the site. For a
Remediation Applicant seeking a payment under subdivision
(B)(e), until the Agency issues a No Further Remediation
Letter for the site, no payment may be claimed by the
Remediation Applicant.
    (h) (1) Within 60 days after receipt by the Agency of an
    application meeting the requirements of subdivision (B)(e)
    or (B)(f), the Agency must issue a letter to the applicant
    approving, disapproving, or modifying the remediation
    costs submitted in the application. If an application is
    disapproved or approved with modification of remediation
    costs, then the Agency's letter must set forth the reasons
    for the disapproval or modification.
        (2) If a preliminary review of a budget plan has been
    obtained under subdivision (B)(i), the Remediation
    Applicant may submit, with the application and supporting
    documentation under subdivision (B)(e) or (B)(f), a copy
    of the Agency's final determination accompanied by a
    certification that the actual remediation costs incurred
    for the development and implementation of the Remedial
    Action Plan are equal to or less than the costs approved in
    the Agency's final determination on the budget plan. The
    certification must be signed by the Remediation Applicant
    and notarized. Based on that submission, the Agency is not
    required to conduct further review of the costs incurred
    for development and implementation of the Remedial Action
    Plan and may approve costs as submitted.
        (3) Within 35 days after receipt of an Agency letter
    disapproving or modifying an application for approval of
    remediation costs, the Remediation Applicant may appeal
    the Agency's decision to the Board in the manner provided
    for the review of permits in Section 40 of this Act.
    (i) (1) A Remediation Applicant may obtain a preliminary
    review of estimated remediation costs for the development
    and implementation of the Remedial Action Plan by
    submitting a budget plan along with the Remedial Action
    Plan. The budget plan must be set forth on forms
    prescribed and provided by the Agency and must include,
    but is not limited to, line item estimates of the costs
    associated with each line item (such as personnel,
    equipment, and materials) that the Remediation Applicant
    anticipates will be incurred for the development and
    implementation of the Remedial Action Plan. The Agency
    must review the budget plan along with the Remedial Action
    Plan to determine whether the estimated costs submitted
    are remediation costs and whether the costs estimated for
    the activities are reasonable.
        (2) If the Remedial Action Plan is amended by the
    Remediation Applicant or as a result of Agency action, the
    corresponding budget plan must be revised accordingly and
    resubmitted for Agency review.
        (3) The budget plan must be accompanied by the
    applicable fee as set forth in subdivision (B)(j).
        (4) Submittal of a budget plan must be deemed an
    automatic 60-day waiver of the Remedial Action Plan review
    deadlines set forth in this subsection (B) and rules
    adopted under this subsection (B).
        (5) Within the applicable period of review, the Agency
    must issue a letter to the Remediation Applicant
    approving, disapproving, or modifying the estimated
    remediation costs submitted in the budget plan. If a
    budget plan is disapproved or approved with modification
    of estimated remediation costs, the Agency's letter must
    set forth the reasons for the disapproval or modification.
        (6) Within 35 days after receipt of an Agency letter
    disapproving or modifying a budget plan, the Remediation
    Applicant may appeal the Agency's decision to the Board in
    the manner provided for the review of permits in Section
    40 of this Act.
    (j) The fees for reviews conducted by the Agency under
this subsection (B) are in addition to any other fees or
payments for Agency services rendered pursuant to the Site
Remediation Program and are as follows:
        (1) The fee for an application for review of
    remediation costs is $1,000 for each site reviewed.
        (2) The fee for the review of the budget plan
    submitted under subdivision (B)(i) is $500 for each site
    reviewed.
    The application fee and the fee for the review of the
budget plan must be made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
    (k) Moneys in the Brownfields Redevelopment Fund may be
used for the purposes of this Section, including payment for
the costs of administering this subsection (B). Any moneys
remaining in the Brownfields Site Restoration Program Fund on
the effective date of this amendatory Act of the 92nd General
Assembly shall be transferred to the Brownfields Redevelopment
Fund. Total payments made to all Remediation Applicants by the
Agency for purposes of this subsection (B) must not exceed
$1,000,000 in State fiscal year 2002.
    (l) The Department and the Agency is are authorized to
enter into any contracts or agreements that may be necessary
to carry out the Agency's their duties and responsibilities
under this subsection (B).
    (m) Within 6 months after the effective date of this
amendatory Act of 2002, the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) and the Agency must propose rules prescribing
procedures and standards for the administration of this
subsection (B). Within 9 months after receipt of the proposed
rules, the Board shall adopt on second notice, pursuant to
Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Act, rules that are consistent with this subsection
(B). Prior to the effective date of rules adopted under this
subsection (B), the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity)
and the Agency may conduct reviews of applications under this
subsection (B) and the Agency is further authorized to
distribute guidance documents on costs that are eligible or
ineligible as remediation costs.
(Source: P.A. 97-333, eff. 8-12-11.)
 
    Section 960. The Solid Waste Planning and Recycling Act is
amended by changing Section 7 as follows:
 
    (415 ILCS 15/7)  (from Ch. 85, par. 5957)
    Sec. 7. (a) Each county shall begin implementation of its
waste management plan, including the recycling program, within
one year of adoption of the plan. The county may enter into
written agreements with other persons, including a
municipality or persons transporting municipal waste on the
effective date of this Act, pursuant to which the persons
undertake to fulfill some or all of the county's
responsibilities under this Act. A person who enters into an
agreement shall be responsible with the county for the
implementation of such programs.
    (b) In implementing the recycling program, consideration
for the collection, marketing and disposition of recyclable
materials shall be given to persons engaged in the business of
recycling within the county on the effective date of this Act,
whether or not the persons were operating for profit.
    If a township within the county is operating a recycling
program on the effective date of the plan which substantially
conforms with or exceeds the requirements of the recycling
program included in the plan, the township may continue to
operate its recycling program, and such operation shall
constitute, within the township, implementation of the
recycling program included in the plan. A township may at any
time adopt and implement a recycling program that is more
stringent than that required by the county waste management
plan.
    (c) The Agency Department shall assist counties in
implementing recycling programs under this Act, and may,
pursuant to appropriation, make grants and loans from the
Solid Waste Management Fund to counties or other units of
local government for that purpose, to be used for capital
assistance or for the payment of recycling diversion credits
or for other recycling program purposes, in accordance with
such guidelines as may be adopted by the Agency Department.
(Source: P.A. 97-333, eff. 8-12-11.)
 
    Section 970. The Illinois Solid Waste Management Act is
amended by changing Sections 2.1, 3, 3.1, 6, 6a, and 7 as
follows:
 
    (415 ILCS 20/2.1)  (from Ch. 111 1/2, par. 7052.1)
    Sec. 2.1. Definitions. When used in this Act, unless the
context otherwise requires, the following terms have the
meanings ascribed to them in this Section:
    "Agency" means the Environmental Protection Agency.
    "Department", when a particular entity is not specified,
means (i) in the case of a function to be performed on or after
July 1, 1995 (the effective date of the Department of Natural
Resources Act) and until the effective date of this amendatory
Act of the 102nd General Assembly, the Department of Commerce
and Community Affairs (now Department of Commerce and Economic
Opportunity), as successor to the former Department of Energy
and Natural Resources under the Department of Natural
Resources Act; or (ii) in the case of a function required to be
performed before July 1, 1995, the former Illinois Department
of Energy and Natural Resources.
    "Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
    "End product" means only those items that are designed to
be used until disposal; items designed to be used in
production of a subsequent item are excluded.
    "High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
office paper, note pads, xerographic paper, envelopes, form
bond including computer paper and carbonless forms, book
papers, bond papers, ledger paper, book stock and cotton fiber
papers.
    "Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
    "Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during production of an end
product are excluded.
    "Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt
rolls, and mill wrappers, obsolete inventories, and rejected
unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing
process such as fibers recovered from waste water or trimmings
of paper machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest
residues such as bark.
    "Recycled paperboard" includes recycled paperboard
products, folding cartons and pad backing.
    "Recycling" means the process by which solid waste is
collected, separated and processed for reuse as either a raw
material or a product which itself is subject to recycling,
but does not include the combustion of waste for energy
recovery or volume reduction.
    "Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers.
    "Unbleached packaging" includes corrugated and fiber
boxes.
    "USEPA Guidelines for federal procurement" means all
minimum recycled content standards recommended by the U.S.
Environmental Protection Agency.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 20/3)  (from Ch. 111 1/2, par. 7053)
    Sec. 3. State agency materials recycling program.
    (a) All State agencies responsible for the maintenance of
public lands in the State shall, to the maximum extent
feasible, use compost materials in all land maintenance
activities which are to be paid with public funds.
    (a-5) All State agencies responsible for the maintenance
of public lands in the State shall review its procurement
specifications and policies to determine (1) if incorporating
compost materials will help reduce stormwater run-off and
increase infiltration of moisture in land maintenance
activities and (2) the current recycled content usage and
potential for additional recycled content usage by the Agency
in land maintenance activities and report to the General
Assembly by December 15, 2015.
    (b) The Department of Central Management Services, in
coordination with the Agency Department of Commerce and
Economic Opportunity, shall implement waste reduction
programs, including source separation and collection, for
office wastepaper, corrugated containers, newsprint and mixed
paper, in all State buildings as appropriate and feasible.
Such waste reduction programs shall be designed to achieve
waste reductions of at least 25% of all such waste by December
31, 1995, and at least 50% of all such waste by December 31,
2000. Any source separation and collection program shall
include, at a minimum, procedures for collecting and storing
recyclable materials, bins or containers for storing
materials, and contractual or other arrangements with buyers
of recyclable materials. If market conditions so warrant, the
Department of Central Management Services, in coordination
with the Agency Department of Commerce and Economic
Opportunity, may modify programs developed pursuant to this
Section.
    The Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) shall conduct
waste categorization studies of all State facilities for
calendar years 1991, 1995 and 2000. Such studies shall be
designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
    (c) Each State agency shall, upon consultation with the
Agency Department of Commerce and Economic Opportunity,
periodically review its procurement procedures and
specifications related to the purchase of products or
supplies. Such procedures and specifications shall be modified
as necessary to require the procuring agency to seek out
products and supplies that contain recycled materials, and to
ensure that purchased products or supplies are reusable,
durable or made from recycled materials whenever economically
and practically feasible. In choosing among products or
supplies that contain recycled material, consideration shall
be given to products and supplies with the highest recycled
material content that is consistent with the effective and
efficient use of the product or supply.
    (d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
        (1) Beginning July 1, 1989, at least 10% of the total
    dollar value of paper and paper products purchased by the
    Department of Central Management Services shall be
    recycled paper and paper products.
        (2) Beginning July 1, 1992, at least 25% of the total
    dollar value of paper and paper products purchased by the
    Department of Central Management Services shall be
    recycled paper and paper products.
        (3) Beginning July 1, 1996, at least 40% of the total
    dollar value of paper and paper products purchased by the
    Department of Central Management Services shall be
    recycled paper and paper products.
        (4) Beginning July 1, 2000, at least 50% of the total
    dollar value of paper and paper products purchased by the
    Department of Central Management Services shall be
    recycled paper and paper products.
    (e) Paper and paper products purchased from private
vendors pursuant to printing contracts are not considered
paper products for the purposes of subsection (d). However,
the Department of Central Management Services shall report to
the General Assembly on an annual basis the total dollar value
of printing contracts awarded to private sector vendors that
included the use of recycled paper.
        (f)(1) Wherever economically and practically feasible,
    the recycled paper and paper products referred to in
    subsection (d) shall contain postconsumer or recovered
    paper materials as specified by paper category in this
    subsection:
            (i) Recycled high grade printing and writing paper
        shall contain at least 50% recovered paper material.
        Such recovered paper material, until July 1, 1994,
        shall consist of at least 20% deinked stock or
        postconsumer material; and beginning July 1, 1994,
        shall consist of at least 25% deinked stock or
        postconsumer material; and beginning July 1, 1996,
        shall consist of at least 30% deinked stock or
        postconsumer material; and beginning July 1, 1998,
        shall consist of at least 40% deinked stock or
        postconsumer material; and beginning July 1, 2000,
        shall consist of at least 50% deinked stock or
        postconsumer material.
            (ii) Recycled tissue products, until July 1, 1994,
        shall contain at least 25% postconsumer material; and
        beginning July 1, 1994, shall contain at least 30%
        postconsumer material; and beginning July 1, 1996,
        shall contain at least 35% postconsumer material; and
        beginning July 1, 1998, shall contain at least 40%
        postconsumer material; and beginning July 1, 2000,
        shall contain at least 45% postconsumer material.
            (iii) Recycled newsprint, until July 1, 1994,
        shall contain at least 40% postconsumer material; and
        beginning July 1, 1994, shall contain at least 50%
        postconsumer material; and beginning July 1, 1996,
        shall contain at least 60% postconsumer material; and
        beginning July 1, 1998, shall contain at least 70%
        postconsumer material; and beginning July 1, 2000,
        shall contain at least 80% postconsumer material.
            (iv) Recycled unbleached packaging, until July 1,
        1994, shall contain at least 35% postconsumer
        material; and beginning July 1, 1994, shall contain at
        least 40% postconsumer material; and beginning July 1,
        1996, shall contain at least 45% postconsumer
        material; and beginning July 1, 1998, shall contain at
        least 50% postconsumer material; and beginning July 1,
        2000, shall contain at least 55% postconsumer
        material.
            (v) Recycled paperboard, until July 1, 1994, shall
        contain at least 80% postconsumer material; and
        beginning July 1, 1994, shall contain at least 85%
        postconsumer material; and beginning July 1, 1996,
        shall contain at least 90% postconsumer material; and
        beginning July 1, 1998, shall contain at least 95%
        postconsumer material.
        (2) For the purposes of this Section, "postconsumer
    material" includes:
            (i) paper, paperboard, and fibrous wastes from
        retail stores, office buildings, homes, and so forth,
        after the waste has passed through its end usage as a
        consumer item, including used corrugated boxes, old
        newspapers, mixed waste paper, tabulating cards, and
        used cordage; and
            (ii) all paper, paperboard, and fibrous wastes
        that are diverted or separated from the municipal
        solid waste stream.
        (3) For the purposes of this Section, "recovered paper
    material" includes:
            (i) postconsumer material;
            (ii) dry paper and paperboard waste generated
        after completion of the papermaking process (that is,
        those manufacturing operations up to and including the
        cutting and trimming of the paper machine reel into
        smaller rolls or rough sheets), including envelope
        cuttings, bindery trimmings, and other paper and
        paperboard waste resulting from printing, cutting,
        forming, and other converting operations, or from bag,
        box and carton manufacturing, and butt rolls, mill
        wrappers, and rejected unused stock; and
            (iii) finished paper and paperboard from obsolete
        inventories of paper and paperboard manufacturers,
        merchants, wholesalers, dealers, printers, converters,
        or others.
    (g) The Department of Central Management Services may
adopt regulations to carry out the provisions and purposes of
this Section.
    (h) Every State agency shall, in its procurement
documents, specify that, whenever economically and practically
feasible, a product to be procured must consist, wholly or in
part, of recycled materials, or be recyclable or reusable in
whole or in part. When applicable, if state guidelines are not
already prescribed, State agencies shall follow USEPA
guidelines for federal procurement.
    (i) All State agencies shall cooperate with the Department
of Central Management Services in carrying out this Section.
The Department of Central Management Services may enter into
cooperative purchasing agreements with other governmental
units in order to obtain volume discounts, or for other
reasons in accordance with the Governmental Joint Purchasing
Act, or in accordance with the Intergovernmental Cooperation
Act if governmental units of other states or the federal
government are involved.
    (j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning its
implementation of the State's collection and recycled paper
procurement programs. This report shall include a description
of the actions that the Department of Central Management
Services has taken in the previous fiscal year to implement
this Section. This report shall be submitted on or before
November 1 of each year.
    (k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in
all State-owned motor vehicles and the use of remanufactured
and retread tires whenever such use is practical, beginning no
later than July 1, 1992.
    (l) (Blank).
    (m) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity),
has implemented an aluminum can recycling program in all State
buildings within 270 days of the effective date of this
amendatory Act of 1997. The program provides for (1) the
collection and storage of used aluminum cans in bins or other
appropriate containers made reasonably available to occupants
and visitors of State buildings and (2) the sale of used
aluminum cans to buyers of recyclable materials.
    Proceeds from the sale of used aluminum cans shall be
deposited into I-CYCLE accounts maintained in the Facilities
Management Revolving Fund and, subject to appropriation, shall
be used by the Department of Central Management Services and
any other State agency to offset the costs of implementing the
aluminum can recycling program under this Section.
    All State agencies having an aluminum can recycling
program in place shall continue with their current plan. If a
State agency has an existing recycling program in place,
proceeds from the aluminum can recycling program may be
retained and distributed pursuant to that program, otherwise
all revenue resulting from these programs shall be forwarded
to Central Management Services, I-CYCLE for placement into the
appropriate account within the Facilities Management Revolving
Fund, minus any operating costs associated with the program.
(Source: P.A. 101-636, eff. 6-10-20.)
 
    (415 ILCS 20/3.1)  (from Ch. 111 1/2, par. 7053.1)
    Sec. 3.1. Institutions of higher learning.
    (a) For purposes of this Section "State-supported
institutions of higher learning" or "institutions" means the
University of Illinois, Southern Illinois University, the
colleges and universities under the jurisdiction of the Board
of Governors of State Colleges and Universities, the colleges
and universities under the jurisdiction of the Board of
Regents of Regency Universities, and the public community
colleges subject to the Public Community College Act.
    (b) Each State-supported institution of higher learning
shall develop a comprehensive waste reduction plan covering a
period of 10 years which addresses the management of solid
waste generated by academic, administrative, student housing
and other institutional functions. The waste reduction plan
shall be developed by January 1, 1995. The initial plan
required under this Section shall be updated by the
institution every 5 years, and any proposed amendments to the
plan shall be submitted for review in accordance with
subsection (f).
    (c) Each waste reduction plan shall address, at a minimum,
the following topics: existing waste generation by volume,
waste composition, existing waste reduction and recycling
activities, waste collection and disposal costs, future waste
management methods, and specific goals to reduce the amount of
waste generated that is subject to landfill disposal.
    (d) Each waste reduction plan shall provide for recycling
of marketable materials currently present in the institution's
waste stream, including but not limited to landscape waste,
corrugated cardboard, computer paper, and white office paper,
and shall provide for the investigation of potential markets
for other recyclable materials present in the institution's
waste stream. The recycling provisions of the waste reduction
plan shall be designed to achieve, by January 1, 2000, at least
a 40% reduction (referenced to a base year of 1987) in the
amount of solid waste that is generated by the institution and
identified in the waste reduction plan as being subject to
landfill disposal.
    (e) Each waste reduction plan shall evaluate the
institution's procurement policies and practices to eliminate
procedures which discriminate against items with recycled
content, and to identify products or items which are procured
by the institution on a frequent or repetitive basis for which
products with recycled content may be substituted. Each waste
reduction plan shall prescribe that it will be the policy of
the institution to purchase products with recycled content
whenever such products have met specifications and standards
of equivalent products which do not contain recycled content.
    (f) Each waste reduction plan developed in accordance with
this Section shall be submitted to the Agency Department of
Commerce and Economic Opportunity for review and approval. The
Agency's Department's review shall be conducted in cooperation
with the Board of Higher Education and the Illinois Community
College Board.
    (g) The Agency Department of Commerce and Economic
Opportunity shall provide technical assistance, technical
materials, workshops and other information necessary to assist
in the development and implementation of the waste reduction
plans. The Agency Department shall develop guidelines and
funding criteria for providing grant assistance to
institutions for the implementation of approved waste
reduction plans.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 20/6)  (from Ch. 111 1/2, par. 7056)
    Sec. 6. The Agency Department of Commerce and Economic
Opportunity shall be the lead agency for implementation of
this Act and shall have the following powers:
    (a) To provide technical and educational assistance for
applications of technologies and practices which will minimize
the land disposal of non-hazardous solid waste; economic
feasibility of implementation of solid waste management
alternatives; analysis of markets for recyclable materials and
energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and
environmental impacts; evaluation of financing and ownership
options; and evaluation of plans prepared by units of local
government pursuant to Section 22.15 of the Environmental
Protection Act.
    (b) (Blank).
    (c) To provide loans or recycling and composting grants to
businesses and not-for-profit and governmental organizations
for the purposes of increasing the quantity of materials
recycled or composted in Illinois; developing and implementing
innovative recycling methods and technologies; developing and
expanding markets for recyclable materials; and increasing the
self-sufficiency of the recycling industry in Illinois. The
Agency Department shall work with and coordinate its
activities with existing for-profit and not-for-profit
collection and recycling systems to encourage orderly growth
in the supply of and markets for recycled materials and to
assist existing collection and recycling efforts.
    The Agency Department shall develop a public education
program concerning the importance of both composting and
recycling in order to preserve landfill space in Illinois.
    (d) To establish guidelines and funding criteria for the
solicitation of projects under this Act, and to receive and
evaluate applications for loans or grants for solid waste
management projects based upon such guidelines and criteria.
Funds may be loaned with or without interest.
    (e) To support and coordinate solid waste research in
Illinois, and to approve the annual solid waste research
agenda prepared by the University of Illinois.
    (f) To provide loans or grants for research, development
and demonstration of innovative technologies and practices,
including but not limited to pilot programs for collection and
disposal of household wastes.
    (g) To promulgate such rules and regulations as are
necessary to carry out the purposes of subsections (c), (d)
and (f) of this Section.
    (h) (Blank). To cooperate with the Environmental
Protection Agency for the purposes specified herein.
    The Agency Department is authorized to accept any and all
grants, repayments of interest and principal on loans,
matching funds, reimbursements, appropriations, income derived
from investments, or other things of value from the federal or
state governments or from any institution, person,
partnership, joint venture, corporation, public or private.
    The Agency Department is authorized to use moneys
available for that purpose, subject to appropriation,
expressly for the purpose of implementing a loan program
according to procedures established pursuant to this Act.
Those moneys shall be used by the Agency Department for the
purpose of financing additional projects and for the Agency's
Department's administrative expenses related thereto.
(Source: P.A. 100-621, eff. 7-20-18.)
 
    (415 ILCS 20/6a)  (from Ch. 111 1/2, par. 7056a)
    Sec. 6a. The Agency Department of Commerce and Economic
Opportunity shall:
        (1) Work with nationally based consumer groups and
    trade associations to support the development of
    nationally recognized logos which may be used to indicate
    whether a container and any other consumer products which
    are claimed to be recyclable by a product manufacturer are
    recyclable, compostable, or biodegradable.
        (2) Work with nationally based consumer groups and
    trade associations to develop nationally recognized
    criteria for determining under what conditions the logos
    may be used.
        (3) Develop and conduct a public education and
    awareness campaign to encourage the public to look for and
    buy products in containers which are recyclable or made of
    recycled materials.
        (4) Develop and prepare educational materials
    describing the benefits and methods of recycling for
    distribution to elementary schools in Illinois.
(Source: P.A. 99-306, eff. 1-1-16.)
 
    (415 ILCS 20/7)  (from Ch. 111 1/2, par. 7057)
    Sec. 7. It is the intent of this Act to provide the
framework for a comprehensive solid waste management program
in Illinois.
    The Department shall prepare and submit to the Governor
and the General Assembly on or before January 1, 1992, a report
evaluating the effectiveness of the programs provided under
this Act and Section 22.14 of the Environmental Protection
Act; assessing the need for a continuation of existing
programs, development and implementation of new programs and
appropriate funding mechanisms; and recommending legislative
and administrative action to fully implement a comprehensive
solid waste management program in Illinois.
    The Department shall investigate the suitability and
advisability of providing tax incentives for Illinois
businesses to use recycled products and purchase or lease
recycling equipment and shall report to the Governor and the
General Assembly by January 1, 1987 on the results of this
investigation.
    By July 1, 1989, the Department shall submit to the
Governor and members of the General Assembly a waste reduction
report:
        (a) that describes various mechanisms that could be
    utilized to stimulate and enhance the reduction of
    industrial and post-consumer waste in the State, including
    their advantages and disadvantages. The mechanisms to be
    analyzed shall include, but not be limited to, incentives
    for prolonging product life, methods for ensuring product
    recyclability, taxes for excessive packaging, tax
    incentives, prohibitions on the use of certain products,
    and performance standards for products; and
        (b) that includes specific recommendations to
    stimulate and enhance waste reduction in the industrial
    and consumer sector, including, but not limited to,
    legislation, financial incentives and disincentives, and
    public education.
    The Agency Department of Commerce and Economic
Opportunity, with the cooperation of the State Board of
Education, the Illinois Environmental Protection Agency, and
others as needed, shall develop, coordinate and conduct an
education program for solid waste management and recycling.
The program shall include, but not be limited to, education
for the general public, businesses, government, educators and
students.
    The education program shall address, at a minimum, the
following topics: the solid waste management alternatives of
recycling, composting, and source reduction; resource
allocation and depletion; solid waste planning; reuse of
materials; pollution prevention; and household hazardous
waste.
    The Agency Department of Commerce and Economic Opportunity
shall cooperate with municipal and county governments,
regional school superintendents, educational educational
service centers, local school districts, and planning agencies
and committees to coordinate local and regional education
programs and workshops and to expedite the exchange of
technical information.
    By March 1, 1989, the Department shall prepare a report on
strategies for distributing and marketing landscape waste
compost from centralized composting sites operated by units of
local government. The report shall, at a minimum, evaluate the
effects of product quality, assured supply, cost and public
education on the availability of compost, free delivery, and
public sales composting program. The evaluation of public
sales programs shall focus on direct retail sale of bagged
compost at the site or special distribution centers and bulk
sale of finished compost to wholesalers for resale.
(Source: P.A. 101-81, eff. 7-12-19.)
 
    Section 975. The Recycled Newsprint Use Act is amended by
adding Section 2002.03 and by changing Sections 2004, 2005,
2007, 2008, 2010, 2011, 2012, and 2013 as follows:
 
    (415 ILCS 110/2002.03 new)
    Sec. 2002.03. Agency. "Agency" means the Environmental
Protection Agency.
 
    (415 ILCS 110/2004)  (from Ch. 96 1/2, par. 9754)
    Sec. 2004. Consumer usage certification. Each consumer of
newsprint within the State shall, on or before March 1 of each
year, certify to the Agency Department the amount in tons of
every type of newsprint used by the consumer of newsprint the
previous year and the percentage of recycled fibers present in
each type of newsprint, so that the Agency Department can
calculate the recycled fiber usage for that consumer of
newsprint. All Illinois consumers of newsprint shall submit
the first consumer usage certificate by March 1, 1992, for the
calendar year 1991. Only consumers of newsprint who provide
timely usage certificates shall receive credit for recycled
fiber usage.
(Source: P.A. 91-583, eff. 1-1-00.)
 
    (415 ILCS 110/2005)  (from Ch. 96 1/2, par. 9755)
    Sec. 2005. Audit. Every consumer of newsprint who submits
recycled fiber usage certification may be subject to an audit
by the Agency Department to ensure that the recycled fiber
percentage requirement was met.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2007)  (from Ch. 96 1/2, par. 9757)
    Sec. 2007. List identifying consumers and suppliers. For
the purposes of implementing and enforcing this Act, the
Agency Department shall develop and maintain a list that
identifies every consumer of newsprint in Illinois and every
person who supplies a consumer of newsprint with newsprint.
The Agency Department may use information from local business
permits, trade publications, or any other relevant information
to develop the list.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2008)  (from Ch. 96 1/2, par. 9758)
    Sec. 2008. Comparable quality standards.
    (a) For the purposes of implementing and enforcing this
Act, the Agency Department shall set comparable quality
standards for each of the grades of newsprint available from
all suppliers of newsprint to determine the comparable quality
of recycled content newsprint to virgin material. The
standards shall be based on the average numerical standards of
printing opacity, brightness level, and cross machine tear
strength.
    (b) The Agency Department shall review its standards at
least once every 2 years and determine whether they should be
adjusted to reflect changes in industry standards and
practices, and if so, the Agency Department shall set new
standards.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2010)  (from Ch. 96 1/2, par. 9760)
    Sec. 2010. Content of delivered newsprint. If any person
knowingly provides a consumer of newsprint with a false or
misleading certificate concerning the recycled fiber
percentage of the delivered newsprint, the Agency Department,
within 30 days of making this determination, shall refer the
false or misleading certificate to the Attorney General for
prosecution for fraud.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2011)  (from Ch. 96 1/2, par. 9761)
    Sec. 2011. Consumer use certificate. Any consumer of
newsprint who knowingly provides the Agency Department with a
false or misleading certificate concerning the percentage of
recycled fiber used commits a Class C misdemeanor, and the
Agency Department, within 30 days of making this
determination, shall refer the false or misleading certificate
to the Attorney General for prosecution.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2012)  (from Ch. 96 1/2, par. 9762)
    Sec. 2012. Prices; confidential proprietary information.
Specific information on newsprint prices included as part of a
certificate submitted to the Agency Department by newsprint
consumers or suppliers is proprietary information and shall
not be made available to the general public.
(Source: P.A. 86-1443.)
 
    (415 ILCS 110/2013)  (from Ch. 96 1/2, par. 9763)
    Sec. 2013. Mandatory recycling.
    (a) If the Department determines that the 1993 annual
aggregate average of recycled fiber usage does not meet or
exceed the goal established in Section 2003 of this Act, the
provisions of this Section shall be implemented.
    (b) During the year 1994 every consumer of newsprint in
Illinois shall be required to ensure that its recycled fiber
usage is at least 28%, unless he complies with subsection (c)
or (d).
    (c) If recycled content newsprint cannot be found that
meets quality standards established by the Agency Department,
or if recycled content newsprint cannot be found in sufficient
quantities to meet recycled fiber usage requirements within a
given year, or if recycled newsprint cannot be found at a price
comparable to that of newsprint made from 100% virgin fibers,
the consumer of newsprint shall so certify to the Agency
Department and provide the Agency Department with the specific
reasons for failing to meet recycled fiber usage requirements.
    (d) A consumer of newsprint who has made previous
contracts with newsprint suppliers before January 1, 1991, may
be exempt from the requirements of this Act if those
requirements are in conflict with the agreements set forth in
the contract. The consumer of newsprint must conform to the
conditions of this Act immediately upon expiration or
nullification of the contract. Contracts may not be entered
into or renewed as an attempt to evade the requirements of this
Act.
    (e) Any consumer of newsprint who knowingly provides the
Agency Department with a false or misleading certificate
concerning why the consumer of newsprint was unable to obtain
the minimum amount of recycled content newsprint needed to
achieve the recycled fiber usage requirements, commits a Class
C misdemeanor, and the Agency Department, within 30 days of
making this determination, shall refer the false or misleading
certificate to the Attorney General for prosecution.
    (f) Any person who knowingly violates subsection (b) of
this Section is guilty of a business offense punishable by a
fine of not more than $1,000.
(Source: P.A. 90-655, eff. 7-30-98.)
 
    Section 980. The Alternate Fuels Act is amended by
changing Sections 15, 31, and 32 as follows:
 
    (415 ILCS 120/15)
    Sec. 15. Rulemaking. The Agency shall promulgate rules and
dedicate sufficient resources to implement the purposes of
Section 30 of this Act. Such rules shall be consistent with the
provisions of the Clean Air Act Amendments of 1990 and any
regulations promulgated pursuant thereto. The Secretary of
State may promulgate rules to implement Section 35 of this
Act. The Agency Department of Commerce and Economic
Opportunity may promulgate rules to implement Section 25 of
this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 120/31)
    Sec. 31. Alternate Fuel Infrastructure Program. Subject to
appropriation, the Agency may Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall establish a grant program to provide
funding for the building of E85 blend, propane, at least 20%
biodiesel blended fuel, and compressed natural gas (CNG)
fueling facilities, including private on-site fueling
facilities, to be built within the covered area or in Illinois
metropolitan areas over 100,000 in population. The Agency
Department of Commerce and Economic Opportunity shall be
responsible for reviewing the proposals and awarding the
grants.
(Source: P.A. 94-62, eff. 6-20-05.)
 
    (415 ILCS 120/32)
    Sec. 32. Clean Fuel Education Program. Subject to
appropriation, the Agency Department of Commerce and Economic
Opportunity, in cooperation with the Agency and Chicago Area
Clean Cities, may shall administer the Clean Fuel Education
Program, the purpose of which is to educate fleet
administrators and Illinois' citizens about the benefits of
using alternate fuels. The program shall include a media
campaign.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    Section 995. The Prevailing Wage Act is amended by
changing Section 2 as follows:
 
    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
    Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
    As used in this Act, unless the context indicates
otherwise:
    "Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone
Act. "Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
    "Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
    "Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
    "Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
    "Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
    The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 100-1177, eff. 6-1-19.)
 
    Section 9995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
 
    Section 9997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 9999. Effective date. This Act takes effect upon
becoming law.