State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]


92_SB2191

 
                                              LRB9212303BDpkA

 1        AN   ACT   concerning  the  Department  of  Commerce  and
 2    Community Affairs.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Department  of  Commerce and Community
 6    Affairs Law of the Civil Administrative Code of  Illinois  is
 7    amended by changing Section 605-500 as follows:

 8        (20 ILCS 605/605-500) (was 20 ILCS 605/46.13)
 9        Sec.  605-500.  Business  Assistance  Office. To create a
10    Business Assistance Office to do the following:
11        (1)  Provide information to new and  existing  businesses
12    for all State government forms and applications and make this
13    information  readily  available  through  a  business  permit
14    center.  The Office shall not assume any regulatory function.
15    All  State  agencies shall cooperate with the business permit
16    center to provide the necessary information,  materials,  and
17    assistance  to enable the center to carry out its function in
18    an  effective  manner.   Each  agency  shall   designate   an
19    individual  to  serve  as  liaison  to  the center to provide
20    information and materials and  to  respond  to  requests  for
21    assistance from businesses.
22        (2)  Provide   technical  and  managerial  assistance  to
23    entrepreneurs and small businesses by  (i)  contracting  with
24    local  development  organizations,  chambers of commerce, and
25    industry or trade associations with technical and  managerial
26    expertise  located  in the State, whenever possible, and (ii)
27    establishing a network of small business development  centers
28    throughout the State.
29        (3)  Assess  the  fiscal  impact  of  proposed rules upon
30    small business and work with agencies in developing  flexible
31    regulations through a regulatory review program.
 
                            -2-               LRB9212303BDpkA
 1        (4)  Provide  detailed  and  comprehensive  assistance to
 2    businesses  interested  in   obtaining   federal   or   State
 3    government  contracts  through a network of local procurement
 4    centers.  The Department shall make a special and  continuing
 5    effort  to  assist  minority  and  female  owned  businesses,
 6    including  but  not  limited  to  the  designation of special
 7    minority  and  female  business  advocates,  and  shall  make
 8    additional efforts to assist those located in  labor  surplus
 9    areas.  The  Department  shall,  through its network of local
10    procurement   centers,   make   every   effort   to   provide
11    opportunities for small  businesses  to  participate  in  the
12    procurement  process.   The  Department  shall utilize one or
13    more of the following techniques.  These techniques are to be
14    in addition to any other procurement requirements imposed  by
15    Public Act 83-1341 or by any other Act.
16             (A)  Advance  notice  by  the  Department  or  other
17        appropriate   State   entity   of   possible  procurement
18        opportunities should  be  made  available  to  interested
19        small businesses.
20             (B)  Publication  of  procurement  opportunities  in
21        publications likely to be obtained by small businesses.
22             (C)  Direct  notification,  whenever  the Department
23        deems it feasible, of interested small businesses.
24             (D)  Conduct  of  public   hearings   and   training
25        sessions,  when  possible,    regarding State and federal
26        government procurement policies.
27          The Department of  Central  Management  Services  shall
28    cooperate with the Department in providing information on the
29    method  and  procedure  by  which  a  small  business becomes
30    involved in  the  State  or  federal  government  procurement
31    process.
32        (5)  (Blank).  Study  the  total number of registrations,
33    licenses, and reports that must  be  filed  in  order  to  do
34    business  in this State, seek input from the directors of all
 
                            -3-               LRB9212303BDpkA
 1    regulatory  agencies,  and  submit  a  report  on  how   this
 2    paperwork might be reduced to the Governor  and  the  General
 3    Assembly no later than January 1, 1985.
 4    (Source: P.A. 91-239, eff. 1-1-00.)

 5        (20 ILCS 605/605-340 rep.)
 6        (20 ILCS 605/605-345 rep.)
 7        (20 ILCS 605/605-360 rep.)
 8        (20 ILCS 605/605-505 rep.)
 9        (20 ILCS 605/605-815 rep.)
10        Section  10.  The  Department  of  Commerce and Community
11    Affairs Law of the Civil Administrative Code of  Illinois  is
12    amended  by  repealing  Sections  605-340,  605-345, 605-360,
13    605-505, and 605-815.

14        (20 ILCS 655/12-1 rep.)
15        (20 ILCS 655/12-2 rep.)
16        (20 ILCS 655/12-3 rep.)
17        (20 ILCS 655/12-4 rep.)
18        (20 ILCS 655/12-5 rep.)
19        (20 ILCS 655/12-6 rep.)
20        (20 ILCS 655/12-7 rep.)
21        (20 ILCS 655/12-8 rep.)
22        (20 ILCS 655/12-9 rep.)
23        Section 13. The Illinois Enterprise Zone Act  is  amended
24    by  repealing  Sections  12-1,  12-2, 12-3, 12-4, 12-5, 12-6,
25    12-7, 12-8, and 12-9.

26        Section 15.  The Energy Conservation and Coal Development
27    Act is amended by changing Section 3 as follows:

28        (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
29        Sec. 3.  Powers and Duties.
30        (a)  In addition to its other powers, the Department  has
 
                            -4-               LRB9212303BDpkA
 1    the following powers:
 2             (1)  To administer for the State any energy programs
 3        and   activities   under   federal  law,  regulations  or
 4        guidelines,  and  to   coordinate   such   programs   and
 5        activities  with  other  State  agencies,  units of local
 6        government, and  educational institutions.
 7             (2)  To  represent  the  State  in  energy   matters
 8        involving  the federal government, other states, units of
 9        local government, and regional agencies.
10             (3)  To  prepare  energy   contingency   plans   for
11        consideration  by  the Governor and the General Assembly.
12        Such plans shall include procedures for determining  when
13        a   foreseeable   danger   exists  of  energy  shortages,
14        including shortages of petroleum,  coal,  nuclear  power,
15        natural gas, and other forms of energy, and shall specify
16        the actions to be taken to minimize hardship and maintain
17        the general welfare during such energy shortages.
18             (4)  To    cooperate   with   State   colleges   and
19        universities  and  their  governing  boards   in   energy
20        programs and activities.
21             (5)  (Blank).
22             (6)  To  accept,  receive,  expend,  and administer,
23        including  by  contracts  and  grants  to   other   State
24        agencies,  any  energy-related gifts, grants, cooperative
25        agreement funds, and other funds made  available  to  the
26        Department by the federal government and other public and
27        private sources.
28             (7)  To  investigate  practical  problems,  seek and
29        utilize  financial  assistance,  implement  studies   and
30        conduct research relating to the production, distribution
31        and use of alcohol fuels.
32             (8)  To  serve as a clearinghouse for information on
33        alcohol  production   technology;   provide   assistance,
34        information  and  data relating to the production and use
 
                            -5-               LRB9212303BDpkA
 1        of alcohol; develop informational packets and  brochures,
 2        and hold public seminars to encourage the development and
 3        utilization of the best available technology.
 4             (9)  To  coordinate  with  other  State  agencies in
 5        order to promote the maximum flow of information  and  to
 6        avoid  unnecessary  overlapping of alcohol fuel programs.
 7        In order to effectuate this goal,  the  Director  of  the
 8        Department  or  his representative shall consult with the
 9        Directors, or their representatives, of  the  Departments
10        of     Agriculture,    Central    Management    Services,
11        Transportation, and Revenue, the Office of the State Fire
12        Marshal, and the Environmental Protection Agency.
13             (10)  To operate, within the Department,  an  Office
14        of  Coal  Development and Marketing for the promotion and
15        marketing  of  Illinois  coal   both   domestically   and
16        internationally.    The   Department   may   use   monies
17        appropriated    for    this    purpose    for   necessary
18        administrative expenses.
19             The Office of Coal Development and  Marketing  shall
20        develop  and  implement  an initiative to assist the coal
21        industry  in  Illinois  to  increase  its  share  of  the
22        international coal market.
23             (11)  To assist the Department of Central Management
24        Services in establishing  and  maintaining  a  system  to
25        analyze  and  report  energy  consumption  of  facilities
26        leased by the Department of Central Management Services.
27             (12)  To  consult  with  the  Departments of Natural
28        Resources   and   Transportation   and    the    Illinois
29        Environmental   Protection  Agency  for  the  purpose  of
30        developing  methods  and  standards  that  encourage  the
31        utilization of coal combustion by-products as value added
32        products in productive and benign applications.
33             (13)  (Blank). To provide technical  assistance  and
34        information  to  sellers  and distributors of storage hot
 
                            -6-               LRB9212303BDpkA
 1        water heaters doing business  in  Illinois,  pursuant  to
 2        Section 1 of the Hot Water Heater Efficiency Act.
 3        (b)  (Blank).
 4        (c)  (Blank).
 5        (d)  The   Department   shall   develop   a   package  of
 6    educational  materials  regarding  the  necessity  of   waste
 7    reduction and recycling to reduce dependence on landfills and
 8    to  maintain  environmental quality.  The materials developed
 9    shall be suitable for instructional use in grades 3, 4 and 5.
10    The Department shall distribute such  instructional  material
11    to  all  public elementary and unit school districts no later
12    than November 1, of each year.
13        (e)  (Blank). The Department shall study the  feasibility
14    of  requiring  that wood and sawdust from construction waste,
15    demolition  projects,  sawmills,   or   other   projects   or
16    industries  where  wood is used in a large amount be shredded
17    and composted, and that such wood be  prohibited  from  being
18    disposed  of  in a landfill.  The Department shall report the
19    results of this study to the General Assembly by  January  1,
20    1991.
21        (f)  (Blank).
22        (g)  (Blank).  The  Department  shall  develop  a program
23    designated to encourage the recycling of  outdated  telephone
24    directories  and to encourage the printing of new directories
25    on recycled paper.  The Department shall work in  conjunction
26    with  printers  and  distributors  of  telephone  directories
27    distributed  in  the State to provide them with any technical
28    assistance available in their efforts to procure  appropriate
29    recycled   paper.    The   Department  shall  also  encourage
30    directory distributors to pick  up  outdated  directories  as
31    they  distribute  new  ones, and shall assist any distributor
32    who is willing to do so in  finding  a  recycler  willing  to
33    purchase the old directories and in publicizing and promoting
34    with  citizens  of  the  area  the  distributor's  collection
 
                            -7-               LRB9212303BDpkA
 1    efforts and schedules.
 2        (h)  The  Department  shall  assist,  cooperate  with and
 3    provide necessary staff and  resources  for  the  Interagency
 4    Energy  Conservation Committee, which shall be chaired by the
 5    Director of the Department.
 6        (i)  The Department shall operate  or  manage  within  or
 7    outside of the Department a corn to ethanol research facility
 8    for  the  purpose  of reducing the costs of producing ethanol
 9    through  the  development  and   commercialization   of   new
10    production  technologies,  equipment,  processes, feedstocks,
11    and new value added co-products and by-products.   This  work
12    shall  be  conducted  under  the  review  and guidance of the
13    Illinois Ethanol  Research  Advisory  Board  chaired  by  the
14    Director  of the Department.  The ethanol production research
15    shall be conducted at the  Corn  to  Ethanol  Research  Pilot
16    Plant in cooperation with universities, industry, other State
17    agencies, and the federal government.
18    (Source:  P.A.  89-93,  eff.  7-6-95;  89-445,  eff.  2-7-96;
19    90-304, eff. 8-1-97.)

20        Section  20.   The Comprehensive Solar Energy Act of 1977
21    is amended by changing Section 1.2 as follows:

22        (30 ILCS 725/1.2) (from Ch. 96 1/2, par. 7303)
23        Sec. 1.2. Definitions.  As used in this Act:
24        (a)  "Solar Energy" means radiant  energy  received  from
25    the   sun   at  wave  lengths  suitable  for  heat  transfer,
26    photosynthetic use, or photovoltaic use.
27        (b)  "Solar collector" means
28             (1)  An assembly, structure,  or  design,  including
29        passive  elements, used for  gathering, concentrating, or
30        absorbing direct  or  indirect  solar  energy,  specially
31        designed  for  holding  a  substantial  amount  of useful
32        thermal energy and to transfer  that  energy  to  a  gas,
 
                            -8-               LRB9212303BDpkA
 1        solid, or liquid or to use that energy directly; or
 2             (2)  A  mechanism  that  absorbs  solar  energy  and
 3        converts it into electricity; or
 4             (3)  A mechanism or process used for gathering solar
 5        energy through wind or thermal gradients; or
 6             (4)  A  component used to transfer thermal energy to
 7        a  gas,  solid,  or  liquid,  or  to  convert   it   into
 8        electricity.
 9        (c)  "Solar   storage   mechanism"   means  equipment  or
10    elements  (such   as   piping   and    transfer   mechanisms,
11    containers,  heat exchangers, or controls thereof, and gases,
12    solids, liquids, or combinations thereof) that  are  utilized
13    for  storing solar energy, gathered by a solar collector, for
14    subsequent use.
15        (d)  "Solar energy system" means
16             (1)  (a)  A complete assembly, structure, or  design
17        of a solar collector, or a solar storage mechanism, which
18        uses  solar  energy  for  generating  electricity  or for
19        heating or  cooling  gases,  solids,  liquids,  or  other
20        materials;
21             (b)  The  design, materials, or elements of a system
22        and its maintenance, operation, and labor components, and
23        the  necessary  components,  if  any,   of   supplemental
24        conventional  energy  systems  designed or constructed to
25        interface with a solar energy system; and
26             (c)  Any legal, financial, or institutional  orders,
27        certificates, or mechanisms, including easements, leases,
28        and  agreements,  required  to ensure continued access to
29        solar energy, its source, or its use in  a  solar  energy
30        system, and including monitoring and educational elements
31        of a demonstration project.
32             (2)  "Solar energy system" does not include
33                  (a)  Distribution  equipment  that  is  equally
34             usable  in  a  conventional energy system except for
 
                            -9-               LRB9212303BDpkA
 1             such components of such equipment as  are  necessary
 2             for  meeting  the  requirements  of  efficient solar
 3             energy utilization; and
 4                  (b)  Components of a solar energy  system  that
 5             serve  structural,  insulating, protective, shading,
 6             aesthetic, or  other  non-solar  energy  utilization
 7             purposes,  as  defined  in  the  regulations  of the
 8             Department; and
 9                  (c)  Any facilities of a public utility used to
10             transmit or distribute gas or electricity.
11        (e)  "Solar Skyspace" means
12             (1)  The maximum three dimensional  space  extending
13        from a solar energy collector to all positions of the sun
14        necessary for efficient use of the collector.
15             (2)  Where a solar energy system is used for heating
16        purposes  only,  "solar skyspace" means the maximum three
17        dimensional space extending from a solar energy collector
18        to all positions of the sun between 9  a.m.  and  3  p.m.
19        Local Apparent Time from September 22 through March 22 of
20        each year.
21             (3)  Where a solar energy system is used for cooling
22        purposes  only,  "solar skyspace" means the maximum three
23        dimensional space extending from a solar energy collector
24        to all positions of the sun between 8  a.m.  and  4  p.m.
25        Local Apparent Time from March 23 through September 21.
26        (f)  (Blank). "Solar skyspace easement" means
27             (1)  a right, whether or not stated in the form of a
28        restriction,  easement,  covenant,  or  condition, in any
29        deed, will, or other instrument executed by or on  behalf
30        of any owner of land or solar skyspace or in any order of
31        taking,  appropriate  to  protect the solar skyspace of a
32        solar collector at a particularly described  location  to
33        forbid  or  limit  any  or  all  of  the  following where
34        detrimental to access to solar energy.
 
                            -10-              LRB9212303BDpkA
 1             (a)  structures on or above ground;
 2             (b)  vegetation on or above the ground; or
 3             (c)  other activity;
 4             (2)  and which shall specifically describe  a  solar
 5        skyspace   in   three  dimensional  terms  in  which  the
 6        activity, structures,  or  vegetation  are  forbidden  or
 7        limited   or   in   which  such  an  easement  shall  set
 8        performance criteria for  adequate  collection  of  solar
 9        energy at a particular location.
10        (g)  (Blank).  "Conventional Energy System" shall mean an
11    energy system utilizing fossil fuel, nuclear or hydroelectric
12    energy  and  the  components  of   such   system,   including
13    transmission   lines,   burners,  furnaces,  tanks,  boilers,
14    related controls, distribution systems, room  or  area  units
15    and other components.
16        (h)  (Blank).  "Supplemental  Conventional Energy System"
17    shall  mean  a  conventional  energy  system   utilized   for
18    providing  energy  in  conjunction with a solar energy system
19    that provides not less than ten percent of the energy for the
20    particular end use. "Supplemental Conventional Energy System"
21    does not include any facilities of a public utility  used  to
22    produce, transmit, distribute or store gas or electricity.
23        (i)  (Blank).  "Joint  Solar  Energy System" shall mean a
24    solar energy system that supplies energy  for  structures  or
25    processes   on  more  than  one  lot  or  in  more  than  one
26    condominium unit or leasehold, but not to the general  public
27    and involving at least two owners or users.
28        (j)  (Blank).  "Unit  of  Local  Government"  shall  mean
29    county,  municipality, township, special districts, including
30    school districts, and units  designated  as  units  of  local
31    government   by  law,  which  exercise  limited  governmental
32    powers.
33        (k)  "Department"  means  the  Illinois   Department   of
34    Commerce and Community Affairs or its successor agency.
 
                            -11-              LRB9212303BDpkA
 1        (l)  (Blank). "Public Energy Supplier" shall mean
 2             (1)  A   public   utility   as  defined  in  an  Act
 3        concerning Public Utilities, approved June 29,  1921,  as
 4        amended; or
 5             (2)  A  public  utility that is owned or operated by
 6        any political subdivision  or  municipal  corporation  of
 7        this  State,  or  owned  by such political subdivision or
 8        municipal corporation and operated by any of its  lessees
 9        or operating agents; or
10             (3)  An  electric  cooperative as defined in Section
11        10.19 of An Act  concerning  Public  Utilities,  approved
12        June 29, 1921, as amended.
13        (m)  (Blank).  "Energy  Use Sites" shall mean sites where
14    energy  is  or  may  be  used  or  consumed  for   generating
15    electricity or for heating or cooling gases, solids, liquids,
16    or  other  materials  and where solar energy may be used cost
17    effectively, as defined in the regulations of the Department,
18    consistent with the purposes of this Act.
19    (Source: P.A. 89-445, eff. 2-7-96.)

20        (30 ILCS 725/2.1 rep.)
21        (30 ILCS 725/2.2 rep.)
22        (30 ILCS 725/2.3 rep.)
23        (30 ILCS 725/3.1 rep.)
24        (30 ILCS 725/4.1 rep.)
25        (30 ILCS 725/5.1 rep.)
26        (30 ILCS 725/7.1 rep.)
27        (30 ILCS 725/7.2 rep.)
28        (30 ILCS 725/7.3 rep.)
29        (30 ILCS 725/7.4 rep.)
30        (30 ILCS 725/8.1 rep.)
31        (30 ILCS 725/8.2 rep.)
32        Section 25. The Comprehensive Solar Energy Act of 1977 is
33    amended by repealing Sections 2.1, 2.2, 2.3,  3.1,  4.1,  5.1
 
                            -12-              LRB9212303BDpkA
 1    7.1, 7.2, 7.3, 7.4, 8.1, and 8.2.

 2        (110 ILCS 205/9.25 rep.)
 3        Section  30. The Board of Higher Education Act is amended
 4    by repealing Section 9.25.

 5        (315 ILCS 5/4 rep.)
 6        Section 35. The Blighted Areas Redevelopment Act of  1947
 7    is amended by repealing Section 4.

 8        (315 ILCS 15/Act rep.)
 9        Section  40.   The Illinois Community Development Finance
10    Corporation Act is repealed.

11        (415 ILCS 5/21 rep.)
12        Section 45. The Environmental Protection Act  is  amended
13    by repealing Section 21.

14        (415 ILCS 20/7.1 rep.)
15        Section  50.  The  Illinois Solid Waste Management Act is
16    amended by repealing Section 7.1.

17        (815 ILCS 355/Act rep.)
18        Section 55.  The  Hot  Water  Heater  Efficiency  Act  is
19    repealed.

20        (815 ILCS 440/5 rep.)
21        (815 ILCS 440/6 rep.)
22        (815 ILCS 440/8 rep.)
23        Section  60.  The  Waste  Oil  Recovery Act is amended by
24    repealing Sections 5, 6, and 8.

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.
 
                            -13-              LRB9212303BDpkA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 605/605-500       was 20 ILCS 605/46.13
 4    20 ILCS 605/605-340 rep.
 5    20 ILCS 605/605-345 rep.
 6    20 ILCS 605/605-360 rep.
 7    20 ILCS 605/605-505 rep.
 8    20 ILCS 605/605-815 rep.
 9    20 ILCS 655/12-1 rep.
10    20 ILCS 655/12-2 rep.
11    20 ILCS 655/12-3 rep.
12    20 ILCS 655/12-4 rep.
13    20 ILCS 655/12-5 rep.
14    20 ILCS 655/12-6 rep.
15    20 ILCS 655/12-7 rep.
16    20 ILCS 655/12-8 rep.
17    20 ILCS 655/12-9 rep.
18    20 ILCS 1105/3            from Ch. 96 1/2, par. 7403
19    30 ILCS 725/1.2           from Ch. 96 1/2, par. 7303
20    30 ILCS 725/2.1 rep.
21    30 ILCS 725/2.2 rep.
22    30 ILCS 725/2.3 rep.
23    30 ILCS 725/3.1 rep.
24    30 ILCS 725/4.1 rep.
25    30 ILCS 725/5.1 rep.
26    30 ILCS 725/7.1 rep.
27    30 ILCS 725/7.2 rep.
28    30 ILCS 725/7.3 rep.
29    30 ILCS 725/7.4 rep.
30    30 ILCS 725/8.1 rep.
31    30 ILCS 725/8.2 rep.
32    110 ILCS 205/9.25 rep.
33    315 ILCS 5/4 rep.
34    315 ILCS 15/Act rep.
 
                            -14-              LRB9212303BDpkA
 1    415 ILCS 5/21 rep.
 2    415 ILCS 20/7.1 rep.
 3    815 ILCS 355/Act rep.
 4    815 ILCS 440/5 rep.
 5    815 ILCS 440/6 rep.
 6    815 ILCS 440/8 rep.

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