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90_HB3129eng
225 ILCS 720/2.11 from Ch. 96 1/2, par. 7902.11
Amends the Surface Coal Mining Land Conservation and
Reclamation Act. Provides that at any hearing to review a
final decision of the Department on a permit application, a
party seeking to reverse the Department's decision has the
burden of proving the Department's decision was clearly
erroneous. Effective immediately.
LRB9008865THpk
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1 AN ACT concerning environmental conservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Surface Coal Mining Land Conservation and
5 Reclamation Act is amended by changing Section 2.11 as
6 follows:
7 (225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
8 Sec. 2.11. Procedures for Approval.
9 (a) If a hearing has been held under Section 2.04, the
10 Department shall within 60 days after the last such hearing
11 make its decision on the application and shall promptly
12 furnish the applicant, local government officials in the area
13 of the affected land, and persons who are parties to the
14 administrative proceedings, with the written findings of the
15 Department and stating the specific reasons for its decision.
16 (b) If no hearing has been held under Section 2.04, the
17 Department shall make its decision on the application within
18 120 days after receipt by the Department of a complete
19 application and shall promptly notify the applicant, local
20 government officials in the area of the affected land, and
21 persons who have submitted written comments on the
22 application of the Department's decision with the written
23 findings of the Department and stating the specific reasons
24 for its decision.
25 (c) Within 30 days after the applicant is notified of
26 the final decision of the Department on the permit
27 application, the applicant or any person with an interest
28 that is or may be adversely affected may request a hearing on
29 the reasons for the final determination. The Department
30 shall hold a hearing within 30 days after this request and
31 notify all interested parties at the time that the applicant
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1 is notified. The notice shall be published in a newspaper of
2 general circulation published in each county in which any
3 part of the area of the affected land is located. The notice
4 shall appear no more than 14 days nor less than 7 days prior
5 to the date of the hearing. The notice shall be no less than
6 one eighth page in size, and the smallest type used shall be
7 twelve point and shall be enclosed in a black border no less
8 than 1/4 inch wide. The notice shall not be placed in that
9 portion of the newspaper where legal notices and classified
10 advertisements appear. The hearing shall be of record and
11 adjudicatory in nature. No person who presided at a hearing
12 under Section 2.04 shall either preside at the hearing or
13 participate in the decision on the hearing. Within 30 days
14 after the hearing, the Department shall issue, and furnish
15 the applicant, local government officials in the area of the
16 affected land, and all persons who participated in the
17 hearing, its written decision granting or denying the permit
18 in whole or in part and stating the reasons for its decision.
19 No party to a formal adjudicatory hearing under this
20 subsection may seek judicial review of the Department's final
21 decision on the permit application until after the issuance
22 of the hearing officer's written decision granting or denying
23 the permit.
24 (d) If the application is approved under either
25 subsection (a) or (b) of this Section, the permit shall be
26 issued.
27 (e) If a hearing is requested under subsection (c) of
28 this Section, the Department may, under such conditions as it
29 may prescribe, grant such temporary relief as it deems
30 appropriate pending final determination of the proceedings if
31 all parties to the proceedings have been notified and given
32 an opportunity to be heard on a request for temporary relief,
33 the person requesting such relief shows that there is a
34 substantial likelihood that he will prevail on the merits of
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1 the final determination of the proceeding, and such relief
2 will not adversely affect the public health or safety or
3 cause significant imminent environmental harm to land, air,
4 or water resources.
5 (f) If final action on an application does not occur
6 within the times prescribed in subsections (a) or (b) of this
7 Section, whichever applies, the applicant may deem the
8 application denied, and such denial shall constitute final
9 action. The applicant may waive these time limits.
10 (g) For the purpose of hearings under this Section, the
11 Department may administer oaths, subpoena witnesses or
12 written or printed materials, compel attendance of the
13 witnesses or production of the materials, and take evidence
14 including but not limited to site inspections of the land to
15 be affected and other mining operations carried on by the
16 applicant in the general vicinity of the proposed operation.
17 A verbatim record of each hearing under this Section shall be
18 made, and a transcript shall be made available on the motion
19 of any party or by order of the Department. At any hearing
20 under this Section, the party seeking to reverse the
21 Department's decision shall have the burden of proving the
22 Department's decision was clearly erroneous.
23 (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
24 Section 7. The Alternate Fuels Act is amended by
25 changing Section 10 and adding Section 27 as follows:
26 (415 ILCS 120/10)
27 Sec. 10. Definitions. As used in this Act:
28 "Agency" means the Environmental Protection Agency.
29 "Alternate fuel" means liquid petroleum gas, natural gas,
30 E85 blend fuel, fuel composed of a minimum 80% ethanol,
31 bio-based methanol, fuels derived from biomass, or
32 electricity.
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1 "Alternate fuel vehicle" means any vehicle that is
2 operated in Illinois and is capable of using an alternate
3 fuel.
4 "Conventional", when used to modify the word "vehicle",
5 "engine", or "fuel", means gasoline or diesel or any
6 reformulations of those fuels.
7 "Covered Area" means the counties of Cook, DuPage, Kane,
8 Lake, McHenry, and Will and the townships of AuxSable and
9 Goose Lake in Grundy County and the township of Oswego in
10 Kendall County.
11 "Director" means the Director of the Environmental
12 Protection Agency.
13 "Domestic renewable fuel" means a fuel, produced in the
14 United States, composed of a minimum 80% ethanol, bio-based
15 methanol, and fuels derived from bio-mass.
16 "E85 blend fuel" means fuel that contains 85% ethanol and
17 15% gasoline.
18 "GVWR" means Gross Vehicle Weight Rating.
19 "Location" means (i) a parcel of real property or (ii)
20 multiple, contiguous parcels of real property that are
21 separated by private roadways, public roadways, or private
22 or public rights-of-way and are owned, operated, leased, or
23 under common control of one party.
24 "Original equipment manufacturer" or "OEM" means a
25 manufacturer of alternate fuel vehicles or a manufacturer or
26 remanufacturer of alternate fuel engines used in vehicles
27 greater than 8500 pounds GVWR.
28 "Rental vehicle" means any motor vehicle that is owned or
29 controlled primarily for the purpose of short-term leasing or
30 rental pursuant to a contract.
31 (Source: P.A. 89-410.)
32 (415 ILCS 120/27 new)
33 Sec. 27. E85 refueling retail site program. Beginning
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1 in fiscal year 2000, the Agency shall operate a program to
2 provide incentives for the establishment of retail E85
3 refueling sites. Subject to appropriation, the Agency shall
4 provide matching grants to retailers of E85 blend fuel for
5 the cost of installation of tanks for E85 blend fuel. The
6 amount of the grant may not exceed 50% of the total cost of
7 installation or $20,000. The Agency may provide matching
8 grants for not more than 20 retail locations each fiscal year
9 beginning in fiscal year 2000 and ending with fiscal year
10 2002. At least 10 of the grants made each year shall be to
11 retail locations situated in the covered area.
12 Section 10. The County Cooperative Extension Law is
13 amended by changing Section 8 as follows:
14 (505 ILCS 45/8) (from Ch. 5, par. 248)
15 Sec. 8. County extension education funds.
16 (a) The county governing board shall annually consider
17 the total budget certified by the county or multi-county
18 extension board in order to consider the total funds needed
19 for Cooperative Extension Service programs in the county. The
20 county governing board may appropriate and pay 75%, then
21 beginning on July 1, 1979, 70%, then beginning on July 1,
22 1980, 65%, then beginning on July 1, 1981, 60%, then
23 beginning on July 1, 1982, 55% and then beginning on July 1,
24 1983 and continuing thereafter, 50%, of the total so
25 determined from the general corporate fund or other available
26 funds or from an existing extension education tax of the
27 county for the extension educational program in the county or
28 multi-county group of which it is a part, provided that the
29 amount so appropriated shall not exceed $54,400 $25,200 in
30 counties of less than 10,000 inhabitants, $61,200 $28,350 in
31 counties of 10,000 or more but less than 20,000 inhabitants,
32 $68,000 $31,500 in counties of 20,000 or more but less than
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1 30,000 inhabitants, $91,000 $42,000 in counties of 30,000 or
2 more but less than 50,000 inhabitants, $117,000 $54,000 in
3 counties of 50,000 or more but less than 100,000 inhabitants,
4 $156,000 $72,000 in counties of 100,000 or more but less than
5 250,000 inhabitants, $233,000 $108,000 in counties of 250,000
6 or more but less than 500,000 inhabitants, $311,000 $144,000
7 in counties of 500,000 or more but less than 1,000,000
8 inhabitants and $583,000 $270,000 in counties of 1,000,000 or
9 more inhabitants. The amount to be so appropriated by the
10 county governing board may be reduced by the total of any
11 private gifts or grants specifically made to support the
12 county extension programs included in such determination, and
13 may also be reduced by the fair market value of office space
14 furnished the Cooperative Extension Service by the county
15 governing board, provided it is suitable for extension needs
16 and meets the housing standards adopted by the Cooperative
17 Extension Service.
18 In order to provide matching funds to counties for
19 Cooperative Extension programs the State will recognize those
20 needs and may make an annual appropriation from the General
21 Revenue Agricultural Premium Fund, in an amount equal to 50%
22 of the total funds needed as provided herein.
23 On or before October 15 of each year, the director of
24 extension of the University of Illinois shall forward to the
25 Director of Agriculture, the Governor, the Speaker of the
26 House of Representatives, the Minority Leader of the House of
27 Representatives, the President of the Senate, and the
28 Minority Leader of the Senate, a report of the determinations
29 made by the various county governing boards of the total
30 funds needed for Cooperative Extension Service programs in
31 the respective counties. The State matching funds shall be
32 included in an appropriation request by the Department of
33 Agriculture for the next State fiscal year. That request
34 shall be separate and apart from the operating appropriation
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1 request for the Department of Agriculture. The funds so
2 appropriated by the State to the Department of Agriculture
3 shall be deposited into the State Cooperative Extension
4 Service Trust Fund and transferred as provided in Section 8
5 (d) of this Act. The Department of Agriculture shall have no
6 responsibility for or control over the cooperative extension
7 service or its programs.
8 All funds provided pursuant to this Act may be used for
9 operations or facilities.
10 (b) If sufficient funds are not available from the
11 general corporate fund or if sums greater than the maximum
12 listed above are needed for the county's share of the
13 extension education program, the county governing board shall
14 have the power to increase by not more than .05 per cent,
15 with approval by referendum, the maximum rate at which it
16 levies, or can levy, taxes for general county purposes. Such
17 additional rate shall not be included within any statutory
18 limitation or rate or amount for other county purposes and
19 shall be in addition thereto.
20 Any county that under this Cooperative Extension Law has
21 approved a rate by referendum prior to the effective date of
22 this amendment, shall have authority to continue such tax as
23 approved, but may use the provisions of this subsection as
24 amended provided that another referendum must be held if the
25 rate desired is greater than the rate previously approved.
26 (c) Upon approval by resolution the county board shall
27 certify the resolution and the question of the adoption of a
28 levy sufficient to produce the sums determined by the county
29 board to the proper election officials, who shall submit the
30 question to the electors of the county at an election in
31 accordance with the general election law. No such levy shall
32 be made until the adoption by majority vote of the electors
33 voting on the proposition.
34 (d) Funds received from local sources and funds
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1 appropriated by the county governing board or the State for
2 the county extension education program in any county shall be
3 paid over to the University of Illinois.
4 (Source: P.A. 89-691, eff. 12-31-96.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law except that Section 10 takes effect July 1,
7 1999.