103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1726

 

Introduced 2/9/2023, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 60/6  from Ch. 5, par. 806
415 ILCS 60/10  from Ch. 5, par. 810
415 ILCS 60/11  from Ch. 5, par. 811
415 ILCS 60/11.1  from Ch. 5, par. 811.1
415 ILCS 60/12  from Ch. 5, par. 812
415 ILCS 60/13  from Ch. 5, par. 813
415 ILCS 60/13.3
415 ILCS 65/5  from Ch. 5, par. 855

    Amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100).


LRB103 27394 CPF 53766 b

 

 

A BILL FOR

 

SB1726LRB103 27394 CPF 53766 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by
5changing Sections 6, 10, 11, 11.1, 12, 13, and 13.3 as follows:
 
6    (415 ILCS 60/6)  (from Ch. 5, par. 806)
7    Sec. 6. Registration.
8    1. Every pesticide which is distributed, sold, offered for
9sale within this State, delivered for transportation or
10transported in interstate commerce or between points within
11the State through any point outside the State, shall be
12registered with the Director or his designated agent, subject
13to provisions of this Act. Such registration shall be for a
14period determined under item 1.5 of this Section and shall
15expire on December 31st. Registration is not required if a
16pesticide is shipped from one plant or warehouse to another
17plant or warehouse by the same person and is used solely at
18such plant or warehouse as a constituent part to make a
19pesticide which is registered under provisions of this Act and
20FIFRA.
21    1.5. In order to stagger product registrations, the
22Department shall, for the 2011 registration year, register
23half of the applicants and their products for one year and the

 

 

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1other half for 2 years. Thereafter, a business registration
2and product registration shall be for 2 years.
3    2. Registration applicant shall file a statement with the
4Director which shall include:
5        A. The name and address of the applicant and the name
6    and address of the person whose name will appear on the
7    label if different from the applicant's.
8        B. The name of the pesticide.
9        C. A copy of the labeling accompanying the pesticide
10    under customary conditions of distribution, sale and use,
11    including ingredient statement, direction for use, use
12    classification, and precautionary or warning statements.
13    3. The Director may require the submission of complete
14formula data.
15    4. The Director may require a full description of tests
16made and the results thereof, upon which the claims are based,
17for any pesticide not registered pursuant to FIFRA, or on any
18pesticide under consideration to be classified for restricted
19use.
20        A. The Director will not consider data he required of
21    the initial registrant of a pesticide in support of
22    another applicants' registration unless the subsequent
23    applicant has obtained written permission to use such
24    data.
25        B. In the case of renewal registration, the Director
26    may accept a statement only with respect to information

 

 

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1    which is different from that furnished previously.
2    5. The Director may prescribe other requirements to
3support a pesticide registration by regulation.
4    6. For the years preceding the year 2004, any registrant
5desiring to register a pesticide product at any time during
6one year shall pay the annual registration fee of $100 per
7product registered for that applicant. For the years 2004
8through 2010, the annual product registration fee is $200 per
9product. For the years 2011 through 2023 and thereafter, the
10product registration fee shall be $600 per product per 2-year
11registration period and shall be paid at the time of
12registration. For the years 2024 and thereafter, the product
13registration fee shall be $800 per product per 2-year
14registration period and shall be paid at the time of
15registration.
16    In addition, for the years preceding the year 2004 any
17business registering a pesticide product at any time during
18one year shall pay the annual business registration fee of
19$250. For the years 2004 through 2010, the annual business
20registration fee shall be $400. For the years 2011 through
212023 and thereafter, the business registration fee shall be
22$800 per 2-year registration period and shall be paid at the
23time of registration. For the years 2024 and thereafter, the
24business registration fee shall be $1000 per 2-year
25registration period and shall be paid at the time of
26registration. Each legal entity of the business shall pay the

 

 

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1business registration fee.
2    For the years preceding the year 2004, any applicant
3requesting an experimental use permit shall pay the annual fee
4of $100 per permit and all special local need pesticide
5registration applicants shall pay an annual fee of $100 per
6product. For the years 2004 through 2010, the annual
7experimental use permit fee and special local need pesticide
8registration fee is $200 per permit. For the years 2011 and
9thereafter, the annual experimental use permit and special
10local need pesticide registration fee shall be $300 per
11product. Subsequent SLN registrations for a pesticide already
12registered shall be exempted from the registration fee.
13        A. All registration accepted and approved by the
14    Director shall expire on the 31st day of December in any
15    one year unless cancelled. Registration for a special
16    local need may be granted for a specific period of time
17    with the approval date and expiration date specified.
18        B. If a registration for special local need granted by
19    the Director does not receive approval of the
20    Administrator of USEPA, the registration shall expire on
21    the date of the Administrator's disapproval.
22    7. Registrations approved and accepted by the Director and
23in effect on the 31st day of December, for which renewal
24application is made, shall continue in full force and effect
25until the Director notifies the registrant that the renewal
26has been approved and accepted or the registration is denied

 

 

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1under this Act. Renewal registration forms will be provided to
2applicants by the Director.
3    8. If the renewal of a pesticide registration is not filed
4within 30 days of the date of expiration, a penalty late
5registration assessment of $100 per product shall apply in
6addition to the regular product registration fee. The late
7registration assessment shall not apply if the applicant
8furnishes an affidavit certifying that no unregulated
9pesticide was distributed or sold during the period of
10registration. The late assessment is not a bar to prosecution
11for doing business without proper registry.
12    9. The Director may prescribe by regulation to allow
13pesticide use for a special local need, pursuant to FIFRA.
14    10. The Director may prescribe by regulation the
15provisions for and requirements of registering a pesticide
16intended for experimental use.
17    11. The Director shall not make any lack of essentiality a
18criterion for denial of registration of any pesticide. Where 2
19pesticides meet the requirements, one should not be registered
20in preference to the other.
21    12. It shall be the duty of the pesticide registrant to
22properly dispose of any pesticide the registration of which
23has been suspended, revoked or cancelled or which is otherwise
24not properly registered in the State.
25(Source: P.A. 100-115, eff. 8-15-17.)
 

 

 

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1    (415 ILCS 60/10)  (from Ch. 5, par. 810)
2    Sec. 10. Commercial applicator license. No commercial
3applicator shall use or supervise the use of any pesticide
4without a commercial license issued by the Director. For the
5years preceding the year 2001, the Director shall require an
6annual fee for commercial applicator license of $35. For the
7years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
8for a commercial applicator license is $45. For the years 2007
9through 2017, the annual fee for a commercial applicator
10license is $60. For the years 2018 through 2023 and
11thereafter, the fee for a multi-year commercial applicator
12license is $180. For the years 2024 and thereafter, the fee for
13a multi-year commercial applicator license is $240. The late
14application fee for a commercial applicator license shall be
15$20 in addition to the normal license fee. A commercial
16applicator shall be assessed a fee of $10 for a duplicate
17license.
18    1. Application for the commercial applicator license shall
19be made in writing on designated forms available from the
20Director. Each application shall contain information regarding
21the applicants qualifications, nature of the proposed
22operation, classification of license being sought, and shall
23include the following:
24        A. The full name of the applicant.
25        B. The address of the applicant.
26        C. Any necessary information prescribed by the

 

 

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1    Director on the designated application form.
2    2. An applicant for a license shall demonstrate competence
3and knowledge regarding pesticide use in accordance with
4Section 9 of this Act.
5    3. A licensed commercial applicator must provide to the
6Director at the time of original licensing and must maintain
7throughout the licensure period evidence of financial
8responsibility protecting persons who may suffer personal
9injury or property damage or both as a result of the pesticide
10operation of the applicant in either of the following manners:
11        A. Evidence of responsibility may be provided in the
12    form of a surety bond for each licensed commercial
13    applicator naming the licensed commercial applicator as
14    principal of the bond. The amount of the bond shall be not
15    less than $50,000 per year. It is permissible to provide
16    two bonds; one for $25,000 for bodily injury liability and
17    the second for $25,000 for property damage liability. The
18    bond or bonds shall be made payable to the Director of
19    Agriculture, State of Illinois, for the benefit of the
20    injured party and shall be conditioned upon compliance
21    with the provisions of this Act by the principal, his or
22    her officers, representatives and employees; or
23        B. Evidence of responsibility may be provided in the
24    form of a certificate of liability insurance providing
25    coverage for each licensed commercial applicator or
26    licensed entity in the amount of not less than $50,000 per

 

 

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1    person, $100,000 per occurrence bodily injury liability
2    coverage, with an annual aggregate of not less than
3    $500,000, and $50,000 per occurrence property damage
4    liability, with an annual aggregate of not less than
5    $50,000; or, in lieu thereof, a combined single limit of
6    not less than $100,000 bodily injury and property damage
7    liability combined, with an annual aggregate of not less
8    than $500,000.
9    4. Every insurance policy or bond shall contain a
10provision that it will not be cancelled or reduced by the
11principal or insurance company, except upon 30 days prior
12notice in writing to the Director of the Department at the
13Springfield, Illinois office and the principal insured. A
14reduction or cancellation of policy shall not affect the
15liability accrued or which may accrue under such policy before
16the expiration of the 30 days. The notice shall contain the
17termination date. Upon said reduction or cancellation, the
18Director shall immediately notify the licensee that his or her
19license will be suspended and the effective date until the
20minimum bond or liability insurance requirements are met by
21the licensee for the current license period.
22    5. Nothing in this Act shall be construed to relieve any
23person from liability for any damage to persons or property
24caused by use of pesticides even though such use conforms to
25label instructions and pertinent rules and regulations of this
26State.

 

 

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1    6. The Director may renew any applicant's license in the
2classifications for which such applicant is licensed, subject
3to requalification requirements imposed by the Director.
4Requalification standards shall be prescribed by regulations
5adopted pursuant to this Act and are required to ensure that
6the licensed commercial applicator meets the requirements of
7changing technology and to assure a continued level of
8competence and ability.
9    7. The Director may limit the license of an applicant to
10allow only the use of certain pesticides in a delimited
11geographic area, or to the use of certain application
12techniques or equipment. If a license is not issued as applied
13for, the Director shall inform the applicant in writing of the
14reasons and extend an opportunity for the applicant to
15complete the requirements for the license desired.
16    8. For the purpose of uniformity, the Director may enter
17into agreements for accepting standards of qualification of
18other states as a basis for licensing commercial applicators.
19(Source: P.A. 99-540, eff. 1-1-17.)
 
20    (415 ILCS 60/11)  (from Ch. 5, par. 811)
21    Sec. 11. Certified Pesticide Applicators. No person shall
22use or supervise the use of pesticides classified for
23restricted use without a license issued by the Director.
24Persons licensed or desiring to be licensed as certified
25pesticide applicators shall comply with the certification

 

 

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1requirements as set forth in Section 9 of this Act in order to
2protect public health and the environment, including injury to
3the applicator or other persons using these pesticides.
4    An applicant for certification as a private pesticide
5applicator shall meet qualification requirements prescribed by
6regulation. The application for certification shall be made in
7writing to the Director, on forms available from the Director
8or the local county agricultural extension adviser's office
9and be accompanied by payment of a $10 license fee in the years
10preceding the year 2001. During the years 2001, 2002, 2003,
112004, 2005, and 2006, the private pesticide applicator license
12fee shall be $15. During the years 2007 through 2010, the
13private pesticide applicator license fee shall be $20. For the
14years 2011 through 2023 and thereafter, the private pesticide
15applicator license fee shall be $30. For the years 2024 and
16thereafter, the private pesticide applicator license fee shall
17be $60. A private pesticide applicator shall be assessed a fee
18of $5 for a duplicate license. Such application shall include:
19        A. The full name of the applicant.
20        B. The mailing address of the applicant.
21        C. The documents required as evidence of competence
22    and knowledge regarding the use of pesticides.
23    Certification, as a private pesticide applicator, issued
24by the Director shall be valid for a period prescribed by
25regulation. The Director shall develop regulatory standards to
26ensure that certified private pesticide applicators continue

 

 

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1to meet the requirements of a changing technology and assure a
2continued level of competence and ability.
3(Source: P.A. 96-1310, eff. 7-27-10.)
 
4    (415 ILCS 60/11.1)  (from Ch. 5, par. 811.1)
5    Sec. 11.1. Commercial not-for-hire license. No commercial
6not-for-hire applicator shall use or supervise the use of any
7pesticide without a license issued by the Director. For the
8years 2011 through 2017, the commercial not-for-hire pesticide
9applicator license fee shall be $20. For the years 2018
10through 2023 and thereafter, the fee for a multi-year
11commercial not-for-hire pesticide applicator license is $60.
12For the years 2024 and thereafter, the fee for a multi-year
13commercial not-for-hire pesticide applicator license is $120.
14The late application fee for a public or commercial
15not-for-hire applicator license shall be $20 in addition to
16the normal license fees. A commercial not-for-hire applicator
17shall be assessed a fee of $10 for a duplicate license.
18    1. Application for certification as a commercial
19not-for-hire pesticide applicator shall be made in writing on
20designated forms available from the Director. Each application
21shall contain information regarding the qualifications of the
22applicant, classification of certification being sought, and
23shall include the following:
24        A. The full name of the applicant.
25        B. The name of the applicant's employer.

 

 

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1        C. The address at the applicant's place of employment.
2        D. Any other information prescribed by the Director on
3    the designated form.
4    2. The Director shall not issue a certification to a
5commercial not-for-hire pesticide applicator until the
6individual identified has demonstrated his competence and
7knowledge regarding pesticide use in accordance with Section 9
8of this Act.
9    3. The Director shall not renew a certification as a
10commercial not-for-hire pesticide applicator until the
11applicant reestablishes his qualifications in accordance with
12Section 9 of this Act or has met other requirements imposed by
13regulation in order to ensure that the applicant meets the
14requirements of changing technology and to assure a continued
15level of competence and ability.
16    4. (Blank).
17    5. (Blank).
18    6. (Blank).
19    7. Persons applying general use pesticides, approved by
20the Inter-Agency Committee on the Use of Pesticides, to scrap
21tires for the control of mosquitoes shall be exempt from the
22license requirements of this Section.
23(Source: P.A. 99-540, eff. 1-1-17.)
 
24    (415 ILCS 60/12)  (from Ch. 5, par. 812)
25    Sec. 12. Licensed operator. No pesticide operator shall

 

 

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1use any pesticides without a pesticide operator license issued
2by the Director.
3    1. Application for an operator license shall be made in
4writing on designated forms available from the Director. Each
5application shall contain information regarding the nature of
6applicants pesticide use, his qualifications, and such other
7facts as prescribed on the form. The application shall also
8include the following:
9        A. The full name of applicant.
10        B. The address of the applicant.
11        C. The name of and license/certification number of the
12    pesticide applicator under whom the applicant will work.
13    2. The Director shall not issue a pesticide operator
14license until the individual identified has demonstrated his
15competence and knowledge regarding pesticide use in accordance
16with Section 9 of this Act.
17    3. The Director shall not issue an operator license to any
18person who is unable to provide the name and
19license/certification number of an applicator under whom the
20operator will work.
21    4. For the years preceding the year 2001, a licensed
22commercial operator working for or under the supervision of a
23certified licensed commercial pesticide applicator shall pay
24an annual fee of $25. For the years 2001, 2002, and 2003, the
25annual fee for a commercial operator license is $30. For the
26years 2004, 2005, and 2006, the annual fee for a commercial

 

 

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1operator license is $35. For the years 2007 through 2017, the
2annual fee for a commercial operator license is $40. For the
3years 2018 through 2023 and thereafter, the fee for a
4multi-year commercial operator license is $120. For the years
52024 and thereafter, the fee for a multi-year commercial
6operator license is $180. The late application fee for an
7operator license shall be $20 in addition to the normal
8license fee. A licensed operator shall be assessed a fee of $10
9for a duplicate license.
10    5. For the years 2011 through 2017, the commercial
11not-for-hire pesticide operator license fee shall be $15. For
12the years 2018 through 2023 and thereafter, the fee for a
13multi-year commercial not-for-hire pesticide operator license
14is $45. For the years 2024 and thereafter, the fee for a
15multi-year commercial not-for-hire pesticide operator license
16is $90. The late application fee for a commercial not-for-hire
17operator license shall be $20 in addition to the normal
18license fee. A commercial not-for-hire operator shall be
19assessed a fee of $10 for a duplicate license.
20(Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
 
21    (415 ILCS 60/13)  (from Ch. 5, par. 813)
22    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
23Restricted Use pesticides shall be registered with the
24Department on forms provided by the Director. Beginning July
251, 2005, any pesticide dealer that sells non-restricted use

 

 

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1pesticides for use in the production of an agricultural
2commodity in containers with a capacity of 2.5 gallons or
3greater or 10 pounds or greater must also register with the
4Department on forms provided by the Director. Through 2017,
5registration shall consist of passing a required examination
6and payment of a $100 registration fee. For the years 2018
7through 2023 and thereafter, the pesticide dealer registration
8fee for a multi-year registration period is $300. For the
9years 2024 and thereafter, the pesticide dealer registration
10fee for a multi-year registration period is $350. The late
11application fee for a pesticide dealer registration shall be
12$20 in addition to the normal pesticide dealer registration
13fee. A pesticide dealer shall be assessed a fee of $10 for a
14duplicate registration.
15    Dealers who hold a Structural Pest Control license with
16the Illinois Department of Public Health or a Commercial
17Applicator's license with the Illinois Department of
18Agriculture are exempt from the registration fee but must
19register with the Department.
20    Each place of business which sells restricted use
21pesticides or non-restricted pesticides for use in the
22production of an agricultural commodity in containers with a
23capacity of 2.5 gallons or greater or 10 pounds or greater
24shall be considered a separate entity for the purpose of
25registration.
26    Registration as a pesticide dealer shall expire on

 

 

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1December 31 of the year in which it is to expire. Pesticide
2dealers shall be certified in accordance with Section 9 of
3this Act.
4    The Director may prescribe, by rule, requirements for the
5registration and testing of any pesticide dealer selling other
6than restricted use pesticides and such rules shall include
7the establishment of a registration fee in an amount not to
8exceed the pesticide dealer registration fee.
9    The Department may refuse to issue or may suspend the
10registration of any person who fails to file a return, or to
11pay the tax, penalty, or interest shown in a filed return, or
12to pay any final assessment of tax, penalty, or interest, as
13required by any tax Act administered by the Illinois
14Department of Revenue, until such time as the requirements of
15any such tax Act are satisfied.
16(Source: P.A. 99-540, eff. 1-1-17.)
 
17    (415 ILCS 60/13.3)
18    Sec. 13.3. Agrichemical facility containment permits. An
19agrichemical containment permit issued by the Department shall
20be obtained for each existing and new agrichemical facility
21and non-commercial agrichemical facility as defined by rules
22promulgated by the Department. A permit fee of $250 $100 shall
23be submitted to the Department with each permit application or
24permit renewal application. All moneys collected under this
25Section must be deposited into the Pesticide Control Fund.

 

 

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1(Source: P.A. 96-1310, eff. 7-27-10.)
 
2    Section 10. The Lawn Care Products Application and Notice
3Act is amended by changing Section 5 as follows:
 
4    (415 ILCS 65/5)  (from Ch. 5, par. 855)
5    Sec. 5. Containment of spills, wash water, and rinsate
6collection.
7    (a) No loading of lawn care products for distribution to a
8customer or washing or rinsing of pesticide residues from
9vehicles, application equipment, mixing equipment, floors or
10other items used for the storage, handling, preparation for
11use, transport, or application of pesticides to lawns shall be
12performed at a facility except in designated containment areas
13in accordance with the requirements of this Section. A lawn
14care containment permit, issued by the Department, shall be
15obtained prior to the operation of the containment area. The
16Department shall issue a lawn care containment permit when the
17containment area or facility complies with the provisions of
18this Section and the rules and regulations adopted under
19Sections 5 and 6. A permit fee of $250 $100 shall be submitted
20to the Department with each permit application or permit
21renewal application. All moneys collected pursuant to this
22Section shall be deposited into the Pesticide Control Fund.
23    (b) No later than January 1, 1993, containment areas shall
24be in use in any facility as defined in this Act and no wash

 

 

SB1726- 18 -LRB103 27394 CPF 53766 b

1water or rinsates may be released into the environment except
2in accordance with applicable law. Containment areas shall
3include the following requirements:
4        (1) The containment area shall be constructed of
5    concrete, asphalt or other impervious materials which
6    include, but are not limited to, polyethylene containment
7    pans and synthetic membrane liners. All containment area
8    materials shall be compatible with the lawncare products
9    to be contained.
10        (2) The containment area shall be designed to capture
11    spills, washwaters, and rinsates generated in the loading
12    of application devices, the lawncare product-related
13    servicing of vehicles, and the triple rinsing of pesticide
14    containers and to prevent the release of such spills,
15    washwaters, or rinsates to the environment other than as
16    described in paragraph (3) of this subsection (b).
17        (3) Spills, washwaters, and rinsates captured in the
18    containment area may be used in accordance with the label
19    rates of the lawncare products, reused as makeup water for
20    dilution of pesticides in preparation of application, or
21    disposed in accordance with applicable local, State and
22    federal regulations.
23    (c) The requirements of this Section shall not apply to
24situations constituting an emergency where washing or rinsing
25of pesticide residues from equipment or other items is
26necessary to prevent imminent harm to human health or the

 

 

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1environment.
2    (d) The requirements of this Section shall not apply to
3persons subject to the containment requirements of the
4Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
5and any rules or regulations adopted thereunder.
6(Source: P.A. 96-1310, eff. 7-27-10.)