ENVIRONMENTAL PROTECTION-TECH Senate SponsorsSen. James F. Clayborne, Jr.-James A. DeLeo-Kirk W. Dillard House Sponsors(Rep. Thomas Holbrook-Angelo Saviano-James H. Meyer-William B. Black) 7/10/2003SenatePublic Act . . . . . . . . . 93-0152 415 ILCS 5/22from Ch. 111 1/2, par. 1022Amends the Environmental Protection Act. Makes a technical change to a Section concerning regulations.Senate Floor Amendment No. 1 Deletes reference to:415 ILCS 5/22Adds reference to:5 ILCS 100/5-75from Ch. 127, par. 1005-75415 ILCS 5/4from Ch. 111 1/2, par. 1004415 ILCS 5/5from Ch. 111 1/2, par. 1005415 ILCS 5/22.2from Ch. 111 1/2, par. 1022.2415 ILCS 5/28.6 new415 ILCS 5/30from Ch. 111 1/2, par. 1030415 ILCS 5/31from Ch. 111 1/2, par. 1031415 ILCS 5/33from Ch. 111 1/2, par. 1033415 ILCS 5/35from Ch. 111 1/2, par. 1035415 ILCS 5/36from Ch. 111 1/2, par. 1036415 ILCS 5/37from Ch. 111 1/2, par. 1037415 ILCS 5/42from Ch. 111 1/2, par. 1042415 ILCS 5/45from Ch. 111 1/2, par. 1045Deletes everything. Amends the Environmental Protection Act to implement certain recommendations of the Illinois Environmental Regulatory Review Commission (created by Executive Order Number 18 of 1999). Provides for provisional variances to be issued by the Agency instead of the Board. Authorizes the parties to a citizen enforcement action to waive the hearing requirement. Authorizes a party to a Board enforcement proceeding to bring an action in circuit court to enforce the Board's final order. Specifies the procedures to be followed in conducting certain Phase I Environmental Audits. Standardizes several references to violations of the Act, specifying that violations of rules, permits, and Board orders are included. Clarifies language relating to the civil penalties imposed for certain administrative citations. Creates an expedited rulemaking procedure for updating incorporations by reference that are included in Board or Agency rules, and amends the Illinois Administrative Procedure Act to make a conforming change. Also makes technical changes. Effective immediately.Senate Floor Amendment No. 2 Adds reference to:30 ILCS 105/5.595 new415 ILCS 5/Tit. VI-C heading new415 ILCS 5/25c-1 new415 ILCS 100/4from Ch. 111 1/2, par. 7204415 ILCS 100/5from Ch. 111 1/2, par. 7205Amends the State Finance Act and the Environmental Protection Act. Creates the Oil Spill Response Fund as an interest-bearing special fund in the State Treasury. Provides that moneys in the Fund may be used for expenses related to releases or threats of release of petroleum. Provides that the Environmental Protection Agency may recover costs incurred by it in response to releases or threats of release of petroleum. Amends the Response Action Contractor Indemnification Act. Provides that judgments subject to State indemnification (i) shall be paid by warrant solely out of funds available in the Response Contractors Indemnification Fund (rather than, when moneys in the Response Contractors Indemnification Fund are insufficient, allowing transfers of funds from the General Revenue Fund) and (ii) may not surpass $100,000 (rather than $2,000,000) for a single occurrence. Provides that when there is at least $100,000 (rather than $2,000,000) in the Response Contractors Indemnification Fund at the beginning of a State fiscal year, State response action contracts during that fiscal year need not contribute to the Fund. Removes language requiring the transfer of $1,200,000 from the Response Contractors Indemnification Fund to the Brownfields Redevelopment Fund on the first day of fiscal years 2004 and 2005. Provides that within 30 days after the effective date of this amendatory Act, the Comptroller and Treasurer shall transfer all moneys in the Response Action Contractor Indemnification Fund in excess of $100,000 to the Brownfields Redevelopment Fund.Fiscal Note (Environmental Protection Agency) This would not impose any additional costs on the Illinois EPA. Revenues deposited into the Oil Response Fund could only come pursuant to court orders, cost recovery from responsible parties, gifts, or supplemental environmental projects; no fees would be involved with the new fund.House Amendment No. 1 Deletes reference to:5 ILCS 100/5-75415 ILCS 5/28.6 newDeletes the provisions relating to an expedited rulemaking procedure for updating incorporations by reference.House Amendment No. 2 In the Response Action Contractor Indemnification Act, deletes a provision relating to the enforceability of judgments. 2/5/2003SenateFiled with Secretary by Sen. James F. Clayborne, Jr. 2/5/2003SenateFirst Reading 2/5/2003SenateReferred to Rules 2/6/2003SenateAssigned to Environment & Energy 2/19/2003SenatePostponed - Environment & Energy 3/5/2003SenateDo Pass Environment & Energy; 006-001-003 3/5/2003SenatePlaced on Calendar Order of 2nd Reading March 6, 2003 3/6/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr. 3/6/2003SenateSenate Floor Amendment No. 1 Referred to Rules 3/18/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr. 3/18/2003SenateSenate Floor Amendment No. 2 Referred to Rules 3/18/2003SenateSenate Floor Amendment No. 1 Rules Refers to Environment & Energy 3/24/2003SenateSenate Floor Amendment No. 2 Rules Refers to Environment & Energy 3/25/2003SenateSenate Floor Amendment No. 1 Be Adopted Environment & Energy; 010-000-000 3/25/2003SenateSenate Floor Amendment No. 2 Be Adopted Environment & Energy; 010-000-000 3/25/2003SenateSecond Reading 3/25/2003SenateSenate Floor Amendment No. 1 Adopted; Clayborne 3/25/2003SenateSenate Floor Amendment No. 2 Adopted; Clayborne 3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003 3/26/2003SenateFiscal Note Filed As Amended by Senate Amendments 1 & 2 4/3/2003SenateThird Reading - Passed; 058-000-000 4/3/2003HouseArrived in House 4/3/2003HousePlaced on Calendar Order of First Reading 4/3/2003HouseChief House Sponsor Rep. Thomas Holbrook 4/3/2003HouseFirst Reading 4/3/2003HouseReferred to Rules Committee 4/8/2003HouseAssigned to Executive Committee 5/1/2003HouseRe-assigned to Environment and Energy Committee 5/2/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003 5/7/2003HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano 5/8/2003HouseHouse Amendment No. 1 Filed with Clerk by Environment and Energy Committee 5/8/2003HouseHouse Amendment No. 2 Filed with Clerk by Environment and Energy Committee 5/8/2003HouseHouse Amendment No. 1 Adopted in Environment and Energy Committee; by Voice Vote 5/8/2003HouseHouse Amendment No. 2 Adopted in Environment and Energy Committee; by Voice Vote 5/8/2003HouseDo Pass as Amended / Short Debate Environment and Energy Committee; 011-000-000 5/8/2003HousePlaced on Calendar 2nd Reading - Short Debate 5/8/2003HouseAdded Alternate Chief Co-Sponsor Rep. James H. Meyer 5/8/2003HouseAdded Alternate Chief Co-Sponsor Rep. William B. Black 5/9/2003HouseSecond Reading - Short Debate 5/9/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/13/2003HouseThird Reading - Short Debate - Passed 117-001-000 5/13/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01, 02 5/13/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02 - May 14, 2003 5/14/2003SenateAdded as Chief Co-Sponsor Sen. James A. DeLeo 5/14/2003SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard 5/19/2003SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr. 5/19/2003SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/19/2003SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr. 5/19/2003SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 5/31/2003SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Executive 5/31/2003SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Executive 5/31/2003SenateHouse Amendment No. 1 Motion to Concur Be Adopted Executive; 010-000-000 5/31/2003SenateHouse Amendment No. 2 Motion to Concur Be Adopted Executive; 010-000-000 5/31/2003SenateHouse Amendment No. 1 Senate Concurs 058-000-000 5/31/2003SenateHouse Amendment No. 2 Senate Concurs 058-000-000 5/31/2003SenatePassed Both Houses 6/27/2003SenateSent to the Governor 7/10/2003SenateGovernor Approved 7/10/2003SenateEffective Date July 10, 2003 7/10/2003SenatePublic Act . . . . . . . . . 93-0152