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Full Text of SB2145  96th General Assembly

SB2145enr 96TH GENERAL ASSEMBLY



 


 
SB2145 Enrolled LRB096 01978 JDS 11988 b

1     AN ACT concerning environmental safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     (105 ILCS 105/5a rep.)
5     Section 3. The Asbestos Abatement Act is amended by
6 repealing Section 5a.
 
7     Section 5. The Asbestos Abatement Act is amended by
8 changing Section 6 as follows:
 
9     (105 ILCS 105/6)  (from Ch. 122, par. 1406)
10     Sec. 6. Powers and Duties of the Department.
11     (a) The Department is empowered to promulgate any rules
12 necessary to ensure proper implementation and administration
13 of this Act and of the federal Asbestos Hazard Emergency
14 Response Act of 1986, and the regulations promulgated
15 thereunder.
16     (b) Rules promulgated by the Department shall include, but
17 not be limited to:
18         (1) all rules necessary to achieve compliance with the
19     federal Asbestos Hazard Emergency Response Act of 1986 and
20     the regulations promulgated thereunder;
21         (2) rules providing for the training and licensing of
22     persons and firms to perform asbestos inspection and air

 

 

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1     sampling; to perform abatement work; and to serve as
2     asbestos abatement contractors, management, planners,
3     project designers, project supervisors, project managers
4     and asbestos workers for public and private secondary and
5     elementary schools; and any necessary rules relating to the
6     correct and safe performance of those tasks; and
7         (3) rules for the development and submission of
8     asbestos management plans by local educational agencies,
9     and for review and approval of such plans by the
10     Department.
11     (c) In carrying out its responsibilities under this Act,
12 the Department shall:
13         (1) publish a list of persons and firms licensed
14     pursuant to this Act, except that the Department shall not
15     be required to publish a list of licensed asbestos workers;
16     and
17         (2) require each local educational agency to maintain
18     records of asbestos-related activities, which shall be
19     made available to the Department upon request. ; and
20         (3) require local educational agencies to submit to the
21     Department for review and approval all asbestos-related
22     response action contracts for which the local educational
23     agency seeks indemnification under the Response Action
24     Contractor Indemnification Act, and with respect to such
25     response action contracts, to collect from the local
26     educational agency and deposit in the Response Contractors

 

 

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1     Indemnification Fund 5% of the amount of each response
2     action contract, as required under the Response Action
3     Contractor Indemnification Act.
4     (d) Adopt rules for the collection of fees for training
5 course approval; and for licensing of inspectors, management
6 planners, project designers, contractors, supervisors, air
7 sampling professionals, project managers and workers.
8 (Source: P.A. 91-357, eff. 7-29-99.)
 
9     Section 10. The Response Action Contractor Indemnification
10 Act is amended by changing Section 5 and adding Section 8 as
11 follows:
 
12     (415 ILCS 100/5)  (from Ch. 111 1/2, par. 7205)
13     Sec. 5. Response Contractors Indemnification Fund.
14     (a) There is hereby created the Response Contractors
15 Indemnification Fund. The State Treasurer, ex officio, shall be
16 custodian of the Fund, and the Comptroller shall direct
17 payments from the Fund upon vouchers properly certified by the
18 Attorney General in accordance with Section 4. The Treasurer
19 shall credit interest on the Fund to the Fund.
20     (b) Every State response action contract shall provide that
21 5% of each payment to be made by the State under the contract
22 shall be paid by the State directly into the Response
23 Contractors Indemnification Fund rather than to the
24 contractor, except that when there is at least $100,000 in the

 

 

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1 Fund at the beginning of a State fiscal year, State response
2 action contracts during that fiscal year need not provide that
3 5% of each payment made under the contract be paid into the
4 Fund. When only a portion of a contract relates to a remedial
5 or response action, or to the identification, handling,
6 storage, treatment or disposal of a pollutant, the contract
7 shall provide that only that portion is subject to this
8 subsection.
9     (c) Within 30 days after the effective date of this
10 amendatory Act of 1997, the Comptroller shall order transferred
11 and the Treasurer shall transfer $1,200,000 from the Response
12 Contractors Indemnification Fund to the Brownfields
13 Redevelopment Fund. The Comptroller shall order transferred
14 and the Treasurer shall transfer $1,200,000 from the Response
15 Contractors Indemnification Fund to the Brownfields
16 Redevelopment Fund on the first day of fiscal years 1999, 2000,
17 2001, 2002, and 2003.
18     (d) Within 30 days after the effective date of this
19 amendatory Act of the 91st General Assembly, the Comptroller
20 shall order transferred and the Treasurer shall transfer
21 $2,000,000 from the Response Contractors Indemnification Fund
22 to the Asbestos Abatement Fund.
23     (e) Within 30 days after the effective date of this
24 amendatory Act of the 93rd General Assembly, the Comptroller
25 shall order transferred and the Treasurer shall transfer all
26 monies in the Response Action Contractor Indemnification Fund

 

 

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1 in excess of $100,000 from the Response Action Contractor
2 Indemnification Fund to the Brownfields Redevelopment Fund.
3     (f) Within 30 days after the effective date of this
4 amendatory Act of the 96th General Assembly, the State
5 Comptroller shall order transferred and the State Treasurer
6 shall transfer all moneys in the Response Action Contractor
7 Indemnification Fund to the Brownfields Redevelopment Fund.
8 (Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)
 
9     (415 ILCS 100/8 new)
10     Sec. 8. Repealer. This Act is repealed on the 31st day
11 after the effective date of this amendatory Act of the 96th
12 General Assembly.
 
13     Section 15. The Alternate Fuels Act is amended by changing
14 Section 30 as follows:
 
15     (415 ILCS 120/30)
16     Sec. 30. Rebate program. Beginning January 1, 1997, and as
17 long as funds are available, each owner of an alternate fuel
18 vehicle shall be eligible to apply for a rebate. Beginning July
19 1, 2005, each owner of a vehicle using domestic renewable fuel
20 is eligible to apply for a fuel cost differential rebate under
21 subsection (c) of this Section. The Agency shall cause rebates
22 to be issued under the provisions of this Act. An owner may
23 apply for only one of 3 types of rebates with regard to an

 

 

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1 individual alternate fuel vehicle: (i) a conversion cost
2 rebate, (ii) an OEM differential cost rebate, or (iii) a fuel
3 cost differential rebate. Only one rebate may be issued with
4 regard to a particular alternate fuel vehicle during the life
5 of that vehicle. A rebate shall not exceed $4,000 per vehicle.
6 Over the life of this rebate program, an owner of an alternate
7 fuel vehicle or a vehicle using domestic renewable fuel may not
8 receive rebates for more than 150 vehicles per location or for
9 300 vehicles in total.
10     (a) A conversion cost rebate may be issued to an owner or
11 his or her designee in order to reduce the cost of converting
12 of a conventional vehicle to an alternate fuel vehicle.
13 Conversion of a conventional vehicle to alternate fuel
14 capability must take place in Illinois for the owner to be
15 eligible for the conversion cost rebate. Amounts spent by
16 applicants within a calendar year may be claimed on a rebate
17 application submitted within 12 months after the month in which
18 the conversion of the vehicle took place during that calendar
19 year. Approved conversion cost rebates applied for during or
20 after calendar year 1997 shall be 80% of all approved
21 conversion costs claimed and documented. Approval of
22 conversion cost rebates may continue after calendar year 2002,
23 if funds are still available. An applicant may include on an
24 application submitted in 1997 all amounts spent within that
25 calendar year on the conversion, even if the expenditure
26 occurred before promulgation of the Agency rules.

 

 

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1     (b) An OEM differential cost rebate may be issued to an
2 owner or his or her designee in order to reduce the cost
3 differential between a conventional vehicle or engine and the
4 same vehicle or engine, produced by an original equipment
5 manufacturer, that has the capability to use alternate fuels.
6     A new OEM vehicle or engine must be purchased in Illinois
7 and must either be an alternate fuel vehicle or used in an
8 alternate fuel vehicle, respectively, for the owner to be
9 eligible for an OEM differential cost rebate. Large vehicles,
10 over 8,500 pounds gross vehicle weight, purchased outside
11 Illinois are eligible for an OEM differential cost rebate if
12 the same or a comparable vehicle is not available for purchase
13 in Illinois. Amounts spent by applicants within a calendar year
14 may be claimed on a rebate application submitted within 12
15 months after the month in which the new OEM vehicle or engine
16 was purchased during that calendar year.
17     Approved OEM differential cost rebates applied for during
18 or after calendar year 1997 shall be 80% of all approved cost
19 differential claimed and documented. Approval of OEM
20 differential cost rebates may continue after calendar year
21 2002, if funds are still available. An applicant may include on
22 an application submitted in 1997 all amounts spent within that
23 calendar year on OEM equipment, even if the expenditure
24 occurred before promulgation of the Agency rules.
25     (c) A fuel cost differential rebate may be issued to an
26 owner or his or her designee in order to reduce the cost

 

 

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1 differential between conventional fuels and domestic renewable
2 fuels or alternate fuels purchased to operate an alternate fuel
3 vehicle . The fuel cost differential shall be based on a 3-year
4 life cycle cost analysis developed by the Agency by rulemaking.
5 The rebate shall apply to and be payable during a consecutive
6 3-year period commencing on the date the application is
7 approved by the Agency. Approved fuel cost differential rebates
8 may be applied for during or after calendar year 1997 and
9 approved rebates shall be 80% of the cost differential for a
10 consecutive 3-year period. Approval of fuel cost differential
11 rebates may continue after calendar year 2002 if funds are
12 still available.
13     Twenty-five percent of the amount that is appropriated
14 under Section 40 to be used to fund programs authorized by this
15 Section during calendar year 2001 shall be designated to fund
16 fuel cost differential rebates. If the total dollar amount of
17 approved fuel cost differential rebate applications as of July
18 1, 2001 is less than the amount designated for that calendar
19 year, the balance of designated funds shall be immediately
20 available to fund any rebate authorized by this Section and
21 approved in the calendar year.
22     An approved fuel cost differential rebate shall be paid to
23 an owner in 3 annual installments on or about the anniversary
24 date of the approval of the application. Owners receiving a
25 fuel cost differential rebate shall be required to demonstrate,
26 through recordkeeping, the use of domestic renewable fuels

 

 

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1 during the 3-year period commencing on the date the application
2 is approved by the Agency. If the vehicle ceases to be
3 registered to the original applicant owner, a prorated
4 installment shall be paid to that owner or the owner's designee
5 and the remainder of the rebate shall be canceled.
6     (d) Vehicles owned by the federal government or vehicles
7 registered in a state outside Illinois are not eligible for
8 rebates.
9 (Source: P.A. 94-62, eff. 6-20-05; 94-1079, eff. 6-1-07.)
 
10     (225 ILCS 220/Act rep.)
11     Section 20. The Hazardous Waste Crane and Hoisting
12 Equipment Operators Licensing Act is repealed.
 
13     (225 ILCS 221/Act rep.)
14     Section 25. The Hazardous Waste Laborers Licensing Act is
15 repealed.
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.