Full Text of HB6115 96th General Assembly
HB6115 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6115
Introduced 2/11/2010, by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/13.7 new |
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415 ILCS 135/5 |
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415 ILCS 135/10 |
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415 ILCS 135/20 |
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415 ILCS 135/65 |
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415 ILCS 135/85 |
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415 ILCS 135/90 new |
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Amends the Environmental Protection Act. Prohibits, on and after January 1, 2011, the installation of drycleaning machines that use perchloroethylene (PERC). Prohibits, on and after January 1, 2013, the use of PERC in certain drycleaning applications. Bans, beginning on January 1, 2026, the use of PERC in drycleaning. Defines "drycleaning" and "drycleaning machine". Amends the Drycleaner Environmental Response Trust Fund Act. Imposes, and requires the Department of Revenue to collect, 2 additional taxes on PERC. Requires moneys received from these taxes to be deposited into a grant account in the Drycleaner Environmental Trust Fund. Provides that moneys in the grant account may be used, subject to certain limitations, to (i) establish a demonstration program to showcase green solvent drycleaning technologies and (ii) provide grants to encourage a transition to use of those technologies. Authorizes the Drycleaner Environmental Response Trust Fund Council to adopt rules for administering the grant program. Repeals one PERC tax on January 1, 2020 and makes changes to prevent the repeal of another PERC tax on that date. Defines "drycleaning machine" and "green solvent". Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB6115 |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| adding Section 13.7 as follows: | 6 |
| (415 ILCS 5/13.7 new) | 7 |
| Sec. 13.7. Phase-out of perchloroethylene in drycleaning. | 8 |
| (a) Definitions. For the purposes of this Section: | 9 |
| "Drycleaning" means the process of cleaning clothing, | 10 |
| garments, textiles, fabrics, leather goods, or other like | 11 |
| articles using a nonaqueous solvent. | 12 |
| "Drycleaning machine" means any machine, device, or | 13 |
| other equipment used in drycleaning. | 14 |
| (b) Prohibitions. | 15 |
| (1) Beginning January 1, 2011, no person shall install | 16 |
| a drycleaning machine that uses perchloroethylene. | 17 |
| (2) Beginning January 1, 2013, no person shall use | 18 |
| perchloroethylene in drycleaning that is conducted in (i) a | 19 |
| building that contains a residence or (ii) a facility that | 20 |
| shares a common wall, floor, or ceiling with a residence. | 21 |
| (3) Beginning January 1, 2013, no person shall use a | 22 |
| drycleaning machine that uses perchloroethylene if the | 23 |
| machine is 15 years old or older based on its date of |
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LRB096 20012 JDS 35503 b |
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| manufacture. | 2 |
| (4) Beginning January 1, 2026, no person shall use | 3 |
| perchloroethylene in drycleaning. | 4 |
| | 5 |
| Section 10. The Drycleaner Environmental Response Trust | 6 |
| Fund Act is amended by changing Sections 5, 10, 20, 65, and 85 | 7 |
| and by adding Section 90 as follows:
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| (415 ILCS 135/5)
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| Sec. 5. Definitions. As used in this Act:
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| (a) "Active drycleaning facility" means a drycleaning | 11 |
| facility actively
engaged in drycleaning operations and | 12 |
| licensed under Section 60 of this
Act.
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| (b) "Agency" means the Illinois Environmental Protection | 14 |
| Agency.
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| (c) "Claimant" means an owner or operator of a drycleaning | 16 |
| facility who has
applied for reimbursement from the remedial | 17 |
| account or who has
submitted a claim under the insurance | 18 |
| account with respect to a release.
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| (d) "Council" means the Drycleaner Environmental Response | 20 |
| Trust Fund
Council.
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| (e) "Drycleaner Environmental Response Trust Fund" or | 22 |
| "Fund" means the
fund created under Section 10 of this Act.
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| (f) "Drycleaning facility" means a facility located in this | 24 |
| State that is
or has been engaged in drycleaning operations for |
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| the general public, other
than a:
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| (1) facility located on a United States military base;
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| (2) industrial laundry, commercial laundry, or linen | 4 |
| supply facility;
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| (3) prison
or other penal institution that engages in | 6 |
| drycleaning only as part of
a Correctional Industries | 7 |
| program to provide drycleaning to persons who are
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| incarcerated in a prison or penal institution or to | 9 |
| resident patients of a
State-operated
mental health | 10 |
| facility;
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| (4) not-for-profit hospital or other health care | 12 |
| facility; or a
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| (5) facility located or formerly located on federal or | 14 |
| State property.
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| (f-5) "Drycleaning machine" means any machine, device, or | 16 |
| other equipment used in drycleaning operations. | 17 |
| (g) "Drycleaning operations" means drycleaning of apparel | 18 |
| and household
fabrics for the general public, as described in | 19 |
| Standard Industrial
Classification Industry No. 7215 and No. | 20 |
| 7216 in the Standard Industrial
Classification Manual (SIC) by | 21 |
| the Technical Committee on Industrial
Classification.
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| (h) "Drycleaning solvent" means any and all nonaqueous | 23 |
| solvents, including
but not limited to a chlorine-based or | 24 |
| petroleum-based formulation or
product, including green | 25 |
| solvents, that are used as a primary
cleaning agent in | 26 |
| drycleaning operations.
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| (i) "Emergency" or "emergency action" means a situation or | 2 |
| an
immediate response to a situation to protect public health | 3 |
| or safety.
"Emergency" or
"emergency action" does not mean | 4 |
| removal of
contaminated soils, recovery of free product, or | 5 |
| financial hardship. An
"emergency" or "emergency action" would | 6 |
| normally be
expected to be directly related to a sudden event | 7 |
| or discovery and would
last until the threat to public health | 8 |
| is mitigated.
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| (i-5) "Green solvent" means a solvent evaluated and | 10 |
| determined by the Council, in consultation with the Agency, not | 11 |
| to pose a threat to human health and safety or the environment | 12 |
| during its normal course of use or when released into the | 13 |
| environment. | 14 |
| (j) "Groundwater" means underground water that occurs | 15 |
| within the saturated
zone and geologic materials where the | 16 |
| fluid pressure in the pore space is equal
to or greater than | 17 |
| the atmospheric pressure.
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| (k) "Inactive drycleaning facility" means a drycleaning | 19 |
| facility that is not
being used for drycleaning operations and | 20 |
| is not registered under this Act.
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| (l) "Maintaining a place of business in this State" or any | 22 |
| like term means
(1) having or maintaining within this State, | 23 |
| directly or through a subsidiary,
an
office, distribution | 24 |
| facility, distribution house, sales house, warehouse, or
other | 25 |
| place of business or (2) operating within this State as an | 26 |
| agent or
representative for a person or a person's subsidiary |
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| engaged in the business
of selling to persons within this | 2 |
| State, irrespective of whether the place of
business or agent | 3 |
| or other representative is located in this State permanently
or | 4 |
| temporary, or whether the person or the person's subsidiary | 5 |
| engages in the
business of selling in this State.
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| (m) "No Further Remediation Letter" means a letter provided | 7 |
| by the
Agency pursuant to Section 58.10 of Title XVII of the | 8 |
| Environmental Protection
Act.
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| (n) "Operator" means a person or entity holding a business | 10 |
| license to
operate a licensed drycleaning facility or the | 11 |
| business operation of
which the drycleaning facility is a part.
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| (o) "Owner" means (1)
a person who owns or has possession | 13 |
| or control of a drycleaning facility at
the time a release is | 14 |
| discovered,
regardless of whether
the facility remains in | 15 |
| operation or (2)
a parent corporation of the person under item | 16 |
| (1) of this subdivision.
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| (p) "Parent corporation" means a business entity or other | 18 |
| business
arrangement that has elements of common ownership or | 19 |
| control or that
uses a long-term contractual arrangement with a | 20 |
| person to avoid direct
responsibility for conditions at a | 21 |
| drycleaning facility.
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| (q) "Person" means an individual, trust, firm, joint stock | 23 |
| company,
corporation, consortium, joint venture, or other | 24 |
| commercial entity.
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| (r) "Program year" means the period beginning on
July 1 and | 26 |
| ending on the
following June 30.
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| (s) "Release" means any spilling, leaking, emitting, | 2 |
| discharging, escaping,
leaching, or dispersing of drycleaning | 3 |
| solvents from a drycleaning facility
to groundwater, surface | 4 |
| water, or subsurface soils.
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| (t) "Remedial action" means activities taken to comply with
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| Sections 58.6 and 58.7 of the Environmental Protection Act and
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| rules adopted by the Pollution Control Board under those | 8 |
| Sections.
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| (u) "Responsible party" means an owner, operator, or other | 10 |
| person
financially responsible for costs of remediation of a | 11 |
| release of drycleaning
solvents
from a drycleaning facility.
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| (v) "Service provider" means a consultant, testing | 13 |
| laboratory, monitoring
well installer, soil boring contractor, | 14 |
| other contractor, lender, or any other
person who provides a | 15 |
| product or service for which a claim for reimbursement
has been | 16 |
| or will be filed against the remedial account or insurance | 17 |
| account, or
a subcontractor of such a person.
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| (w) "Virgin facility" means a drycleaning facility that has | 19 |
| never had
chlorine-based or petroleum-based drycleaning | 20 |
| solvents
stored or used at the property prior to it becoming a
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| green solvent drycleaning facility.
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| (Source: P.A. 93-201, eff. 1-1-04.)
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| (415 ILCS 135/10)
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| Sec. 10. Drycleaner Environmental Response Trust Fund.
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| (a) The Drycleaner Environmental Response Trust Fund is |
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| created as a
special fund in the State Treasury.
Moneys | 2 |
| deposited into the Fund shall be used solely
for the purposes | 3 |
| of
the Council and for other purposes
as provided in
this Act.
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| The Fund shall include moneys credited to the Fund under this | 5 |
| Act
and other moneys that by law may be credited to the Fund.
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| The State Treasurer may invest Funds deposited into
the Fund at | 7 |
| the direction of the Council. Interest, income from the
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| investments, and other income earned by the Fund shall be | 9 |
| credited to and
deposited into the Fund.
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| Pursuant to appropriation, all moneys in the Drycleaner | 11 |
| Environmental
Response Trust Fund shall be disbursed by the | 12 |
| Agency to the Council
for the purpose of making disbursements,
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| if any, in accordance with this Act and for the purpose of | 14 |
| paying
the ordinary and
contingent
expenses of the Council. | 15 |
| After June 30, 1999, pursuant to appropriation, all
moneys in | 16 |
| the Drycleaner Environmental Response Trust Fund may be used by | 17 |
| the
Council for the purpose of making disbursements, if any, in | 18 |
| accordance with
this Act and for the purpose of paying the | 19 |
| ordinary and contingent expenses of
the Council.
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| The Fund may be divided into different accounts with | 21 |
| different
depositories to fulfill the purposes of the Act as | 22 |
| determined by the Council.
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| Moneys in the Fund at the end of a State fiscal year
shall | 24 |
| be carried forward to the next fiscal year and shall not revert | 25 |
| to
the General Revenue Fund.
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| (b) The specific purposes of the Fund include but are not |
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| limited to
the following:
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| (1) To establish an account to fund remedial action of | 3 |
| drycleaning
solvent releases from drycleaning facilities | 4 |
| as provided by
Section 40.
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| (2) To establish an insurance account for insuring | 6 |
| environmental risks
from releases from drycleaning | 7 |
| facilities within this State as
provided by Section 45.
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| (3) To establish an account to fund grants as provided | 9 |
| in Section 90. | 10 |
| (c) The State, the General Revenue Fund, and any other Fund | 11 |
| of
the
State, other than the Drycleaner Environmental Response | 12 |
| Trust Fund, shall not
be
liable for a claim or cause of action | 13 |
| in connection with a drycleaning facility
not owned or operated | 14 |
| by the State or an agency of the State. All expenses
incurred | 15 |
| by the Fund shall be payable solely from the Fund and
no | 16 |
| liability or obligation shall be imposed upon the State. The | 17 |
| State is not
liable for a claim presented against the Fund.
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| (d) The liability of the Fund is limited to the extent of | 19 |
| coverage provided
by the account under which a claim is | 20 |
| submitted, subject to the terms and
conditions of that | 21 |
| coverage. The liability of the Fund is further limited by
the | 22 |
| moneys made available to the Fund, and no remedy shall be | 23 |
| ordered
that would require the Fund to exceed its then current | 24 |
| funding limitations
to satisfy an award or which would restrict | 25 |
| the availability of moneys for
higher priority sites.
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| (e) Nothing in this Act shall be construed to limit, |
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| restrict, or affect the
authority and powers of the Agency or | 2 |
| another State agency or statute unless
the
State agency or | 3 |
| statute is specifically referenced and the limitation is
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| clearly set forth in this Act.
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| (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
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| (415 ILCS 135/20)
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| Sec. 20. Council rules.
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| (a) The Council may adopt rules in accordance with the | 9 |
| emergency rulemaking
provisions of Section 5-45 of the Illinois | 10 |
| Administrative Procedure Act for one
year after
the effective | 11 |
| date of this Act. Thereafter, the Council shall conduct general
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| rulemaking as provided under the Illinois Administrative | 13 |
| Procedure Act.
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| (b) The Council shall adopt rules regarding its practice | 15 |
| and procedures for
investigating and settling claims made | 16 |
| against the Fund,
determining reimbursement guidelines, | 17 |
| coordinating with the Agency, and
otherwise implementing and | 18 |
| administering the Fund under this
Act.
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| (c) The Council shall adopt rules regarding its practice | 20 |
| and procedures to
develop underwriting standards, establish | 21 |
| insurance account coverage
and risk factors, settle claims made | 22 |
| against the insurance account of the Fund,
determine | 23 |
| appropriate deductibles or retentions in coverages or benefits
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| offered under the insurance account of the Fund, determine | 25 |
| reimbursement
guidelines,
and otherwise implement and |
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| administer the insurance account under this
Act.
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| (d) The Council shall adopt rules necessary for the | 3 |
| implementation and
collection of insurance account premiums | 4 |
| prior to offering insurance to an
owner or operator of a | 5 |
| drycleaning facility or other person.
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| (e) The Council shall adopt rules prescribing requirements | 7 |
| for the retention
of records
by an owner or operator and the | 8 |
| periods for which he or she must
retain those records.
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| (f) The Council shall adopt rules describing the manner in | 10 |
| which all
disbursed moneys received from the Agency shall be | 11 |
| deposited with a bank or
savings and loan association to be | 12 |
| approved by the Council. For purposes of
this subsection, the | 13 |
| Council shall be considered a public agency and,
therefore, no | 14 |
| bank or savings and loan association shall receive public funds
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| from the Council, and the Council shall not make any | 16 |
| investments, unless in
accordance with the Public Funds | 17 |
| Investment Act.
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| (g) Except for the award of grants under Section 90 of this | 19 |
| Act, all All final Council decisions regarding the Fund or any | 20 |
| reimbursement from
the
Fund and any decision concerning the | 21 |
| classification of drycleaning solvents
pursuant to subsection | 22 |
| (a) of Section 65 of this Act and any notice of the assessment | 23 |
| of civil penalties under Section 69 of this Act shall be | 24 |
| subject to
appeal to the Administrator of the Council, by the | 25 |
| affected
parties, within 60 days after the final decision. The | 26 |
| Council shall determine by rule persons who have standing to
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| appeal final Council decisions. Any written decision by the | 2 |
| Administrator may be appealed to the Council within 60 days | 3 |
| after the Administrator's final decision. Any decision by the | 4 |
| Council may be appealed to the Council's administrative law | 5 |
| judge within 60 days after the Council's final decision. Notice | 6 |
| of any hearing provided for by this Act shall be given not less | 7 |
| than 7 days before the day fixed for the hearing. An appeal of | 8 |
| the
administrative law judge's decision will be subject to | 9 |
| judicial review in
accordance with the Administrative Review | 10 |
| Law.
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| Any decision not timely appealed shall become a final | 12 |
| administrative decision without the necessity of a final | 13 |
| administrative decision being issued and shall be deemed to be | 14 |
| a final administrative decision. | 15 |
| The Council shall adopt rules relating to appeal | 16 |
| procedures. | 17 |
| The Council may designate an attorney, employed by the | 18 |
| Council or privately employed, to act as an administrative law | 19 |
| judge to preside at any administrative hearing resulting from | 20 |
| the appeal of a Council decision. The Council and the | 21 |
| Department of Revenue are authorized to enter into an agreement | 22 |
| whereby an administrative law judge employed by the Department | 23 |
| may be assigned to preside at the administrative hearings. | 24 |
| Proof of the Council's administrative decision may be made | 25 |
| at any administrative or legal proceeding by a reproduced copy | 26 |
| of the Council's record relating to the decision under the |
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| certificate of the Council. A reproduced copy shall, without | 2 |
| further proof, be admitted into evidence and shall be prima | 3 |
| facie proof of the decision. | 4 |
| The provisions of the Administrative Review Law, and any | 5 |
| rules adopted under the Administrative Review law by the | 6 |
| Council, shall govern all proceedings for the judicial review | 7 |
| of final administrative decisions of the Council. The term | 8 |
| "administrative decision" has the same meaning as it does in | 9 |
| Section 3-101 of the Code of Civil Procedure. | 10 |
| Venue for an administrative review action challenging the | 11 |
| results of an administrative hearing upholding an | 12 |
| administrative decision issued by the Council
shall be proper | 13 |
| in the Circuit Court of the county where the plaintiff has its | 14 |
| principal place of business, or Sangamon County if the | 15 |
| plaintiff's principal place of business is located outside | 16 |
| Illinois.
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| (h) The Council shall adopt rules for the awarding of | 18 |
| grants pursuant to Section 90 of this Act, and for otherwise | 19 |
| implementing and administering the grant account under this | 20 |
| Act. | 21 |
| (Source: P.A. 96-774, eff. 1-1-10.)
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| (415 ILCS 135/65)
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| (Section scheduled to be repealed on January 1, 2020)
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| Sec. 65. Drycleaning solvent tax.
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| (a) On and after January 1, 1998 and before January 1, |
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| 2020 , a tax is imposed upon
the use of drycleaning solvent by a | 2 |
| person engaged in the business of operating
a drycleaning | 3 |
| facility in this State at the rate of $3.50 per gallon of
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| perchloroethylene or other chlorinated drycleaning solvents | 5 |
| used in
drycleaning operations, $0.35 per gallon of
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| petroleum-based drycleaning solvent, and $1.75 per gallon of | 7 |
| green solvents,
unless the green solvent is used at a virgin | 8 |
| facility, in which case the rate
is $0.35 per gallon. The | 9 |
| Council
shall determine by rule which products are
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| chlorine-based solvents, which products are petroleum-based
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| solvents, and which products are green solvents. All | 12 |
| drycleaning solvents
shall be considered
chlorinated solvents | 13 |
| unless the Council determines
that the solvents are | 14 |
| petroleum-based drycleaning solvents or green
solvents.
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| (a-3) On and after January 1, 2011, a tax is imposed upon | 16 |
| the use of perchloroethylene by a person engaged in the | 17 |
| business of operating a drycleaning facility in this State at | 18 |
| the rate of $14 per gallon of perchloroethylene used in | 19 |
| drycleaning operations. On January 1, 2012, the tax shall | 20 |
| increase to the rate of $15 per gallon of perchloroethylene | 21 |
| used in drycleaning operations. The tax shall continue to | 22 |
| increase by one dollar per gallon on each subsequent January 1 | 23 |
| through January 1, 2017. On and after January 1, 2017, the tax | 24 |
| shall be $20 per gallon of perchloroethylene used in | 25 |
| drycleaning operations. The tax imposed under this subsection | 26 |
| (a-3) shall be in addition to the taxes imposed under |
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| subsections (a) and (a-5) of this Section. | 2 |
| (a-5) On January 1, 2011, there is imposed on each operator | 3 |
| of a drycleaning facility a tax on perchloroethylene held by | 4 |
| the operator on that date for use in a drycleaning facility. | 5 |
| The tax imposed shall be the tax that would have been imposed | 6 |
| under subsection (a-3) if the perchloroethylene held by the | 7 |
| operator on that date had been purchased by the operator during | 8 |
| calendar year 2011. The tax imposed under this subsection (a-5) | 9 |
| shall be in addition to the taxes imposed under subsections (a) | 10 |
| and (a-3) of this Section. | 11 |
| (b) The taxes tax imposed by this Act shall be collected | 12 |
| from the purchaser at
the time of sale by a seller of | 13 |
| drycleaning solvents maintaining a place of
business in this | 14 |
| State and shall be remitted to the Department of Revenue under
| 15 |
| the
provisions of this Act.
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| (c) A The tax imposed by this Act that is not collected by | 17 |
| a seller of
drycleaning solvents shall be paid directly to the | 18 |
| Department of Revenue by the
purchaser or end user who is | 19 |
| subject to the tax imposed by this Act.
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| (d) No tax shall be imposed upon the use of drycleaning | 21 |
| solvent if the
drycleaning solvent will not be used in a | 22 |
| drycleaning facility . No tax shall be imposed under subsection | 23 |
| (a) of this Section or if a floor
stock
tax has been imposed | 24 |
| and paid on the drycleaning solvent. Prior to the
purchase of | 25 |
| the solvent, the purchaser shall provide a written and signed
| 26 |
| certificate to the drycleaning solvent seller stating:
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HB6115 |
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| (1) the name and address of the purchaser;
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| (2) the purchaser's signature and date of signing; and
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| (3) one of the following:
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| (A) that the drycleaning solvent will not be used | 5 |
| in a drycleaning
facility; or
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| (B) that a floor stock tax has been imposed and | 7 |
| paid on the drycleaning
solvent.
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| (e) On January 1, 1998, there is imposed on each operator | 9 |
| of a
drycleaning facility a tax on drycleaning
solvent held by | 10 |
| the operator on that date for use in
a drycleaning facility.
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| The tax imposed shall be
the tax that would have been imposed | 12 |
| under
subsection (a)
if the drycleaning solvent held by the | 13 |
| operator on that date had been
purchased
by the operator during
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| the first year of this Act.
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| (f) On or before the 25th day of the 1st month following | 16 |
| the end of the
calendar quarter, a seller of drycleaning | 17 |
| solvents who has collected a tax
pursuant to this Section | 18 |
| during the previous calendar quarter, or a purchaser
or end | 19 |
| user of
drycleaning solvents required under subsection (c) to | 20 |
| submit the tax directly
to the Department, shall file a return
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| with the Department of Revenue. The return shall be filed on a | 22 |
| form prescribed
by the Department of Revenue and shall contain | 23 |
| information that the Department
of
Revenue reasonably | 24 |
| requires, but at a minimum will require the reporting of
the | 25 |
| volume of
drycleaning solvent sold to each licensed drycleaner. | 26 |
| The Department of Revenue
shall report quarterly to the Council |
|
|
|
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LRB096 20012 JDS 35503 b |
|
| 1 |
| the volume of drycleaning solvent
purchased for the quarter by | 2 |
| each licensed drycleaner. Each seller of
drycleaning solvent | 3 |
| maintaining a
place of business in this State who is required | 4 |
| or authorized to collect a the
tax imposed by this Act shall | 5 |
| pay to the Department the amount of the tax at
the time when he | 6 |
| or she is required to file his or her return for the period
| 7 |
| during which the tax was collected. Purchasers or end users | 8 |
| remitting the tax
directly to
the Department under subsection | 9 |
| (c) shall file a return with
the Department of Revenue and pay | 10 |
| the tax so incurred by the purchaser or end
user during
the | 11 |
| preceding calendar quarter. | 12 |
| Except as provided in this Section, the seller of | 13 |
| drycleaning solvents filing the return under this Section | 14 |
| shall, at the time of filing the return, pay to the Department | 15 |
| the amount of tax imposed by this Act less a discount of 1.75%, | 16 |
| or $5 per calendar year, whichever is greater. Failure to | 17 |
| timely file the returns and provide to the Department the data | 18 |
| requested under this Act will result in disallowance of the | 19 |
| reimbursement discount.
| 20 |
| (g) The taxes tax on drycleaning solvents
used in | 21 |
| drycleaning facilities and the floor stock tax shall be | 22 |
| administered by
Department of Revenue
under rules adopted by | 23 |
| that Department.
| 24 |
| (h) On and after January 1, 1998, no person shall knowingly | 25 |
| sell or transfer
drycleaning solvent to an operator of a | 26 |
| drycleaning facility that is not
licensed by the Council under |
|
|
|
HB6115 |
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LRB096 20012 JDS 35503 b |
|
| 1 |
| Section 60.
| 2 |
| (i) The Department of Revenue may adopt rules
as necessary | 3 |
| to implement this Section.
| 4 |
| (Source: P.A. 96-774, eff. 1-1-10.)
| 5 |
| (415 ILCS 135/85)
| 6 |
| Sec. 85. Repeal of fee and tax provisions. Section Sections | 7 |
| 60 and 65 of this Act
is are repealed on January 1, 2020.
| 8 |
| (Source: P.A. 93-201, eff. 1-1-04.)
| 9 |
| (415 ILCS 135/90 new) | 10 |
| Sec. 90. Grant account. | 11 |
| (a) The grant account is established to provide incentives | 12 |
| to owners and operators of active drycleaning facilities that | 13 |
| use perchloroethylene to transition to drycleaning operations | 14 |
| that use green solvents. | 15 |
| (b) All moneys received from the taxes established under | 16 |
| subsections (a-3) and (a-5) of Section 65 of this Act shall be | 17 |
| deposited into the grant account. | 18 |
| (c) The Council shall award grants from the grant account | 19 |
| on a competitive basis subject to availability of funding. To | 20 |
| be eligible for a grant under this Section, an applicant must | 21 |
| replace all of its drycleaning machines at an active | 22 |
| drycleaning facility that use perchloroethylene with | 23 |
| drycleaning machines that use green solvents. The Council shall | 24 |
| determine the eligibility of grant recipients pursuant to rules |
|
|
|
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LRB096 20012 JDS 35503 b |
|
| 1 |
| adopted under subsection (h) of Section 20 of this Act. | 2 |
| (d) Grants shall be limited to a maximum of $10,000, and no | 3 |
| person shall receive more than this amount under this Section. | 4 |
| Grant moneys shall be used solely for the purchase and | 5 |
| installation of drycleaning machines that use green solvents. | 6 |
| Grants shall be awarded as matching funds and shall not exceed | 7 |
| 50% of the cost of purchasing and installing the drycleaning | 8 |
| machines. | 9 |
| (e) In awarding grants the Council may give weight to | 10 |
| geographic location to enhance the geographic distribution of | 11 |
| grants across this State. | 12 |
| (f) The Council may establish a demonstration program to | 13 |
| showcase green solvent drycleaning technologies in this State. | 14 |
| The demonstration program must require 50% matching funds to | 15 |
| cover the costs of the demonstration program. Any person may | 16 |
| contribute moneys as matching funds, including, but not limited | 17 |
| to, federal, state, or local government entities and nonprofit | 18 |
| entities. Not more than 30% of the moneys deposited annually in | 19 |
| the grant account may be used for the demonstration program.
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|