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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB2191eng SB2191 Engrossed 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. SB2191 Engrossed -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,33licenses, and reports that must be filed in order to do34business in this State, seek input from the directors of allSB2191 Engrossed -3- LRB9212303BDpkA 1regulatory agencies, and submit a report on how this2paperwork might be reduced to the Governor and the General3Assembly 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 SB2191 Engrossed -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 SB2191 Engrossed -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 and34information to sellers and distributors of storage hotSB2191 Engrossed -6- LRB9212303BDpkA 1water heaters doing business in Illinois, pursuant to2Section 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 feasibility14of requiring that wood and sawdust from construction waste,15demolition projects, sawmills, or other projects or16industries where wood is used in a large amount be shredded17and composted, and that such wood be prohibited from being18disposed of in a landfill. The Department shall report the19results of this study to the General Assembly by January 1,201991.21 (f) (Blank). 22 (g) (Blank).The Department shall develop a program23designated to encourage the recycling of outdated telephone24directories and to encourage the printing of new directories25on recycled paper. The Department shall work in conjunction26with printers and distributors of telephone directories27distributed in the State to provide them with any technical28assistance available in their efforts to procure appropriate29recycled paper. The Department shall also encourage30directory distributors to pick up outdated directories as31they distribute new ones, and shall assist any distributor32who is willing to do so in finding a recycler willing to33purchase the old directories and in publicizing and promoting34with citizens of the area the distributor's collectionSB2191 Engrossed -7- LRB9212303BDpkA 1efforts 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, SB2191 Engrossed -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 SB2191 Engrossed -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" means27(1) a right, whether or not stated in the form of a28restriction, easement, covenant, or condition, in any29deed, will, or other instrument executed by or on behalf30of any owner of land or solar skyspace or in any order of31taking, appropriate to protect the solar skyspace of a32solar collector at a particularly described location to33forbid or limit any or all of the following where34detrimental to access to solar energy.SB2191 Engrossed -10- LRB9212303BDpkA 1(a) structures on or above ground;2(b) vegetation on or above the ground; or3(c) other activity;4(2) and which shall specifically describe a solar5skyspace in three dimensional terms in which the6activity, structures, or vegetation are forbidden or7limited or in which such an easement shall set8performance criteria for adequate collection of solar9energy at a particular location.10 (g) (Blank)."Conventional Energy System" shall mean an11energy system utilizing fossil fuel, nuclear or hydroelectric12energy and the components of such system, including13transmission lines, burners, furnaces, tanks, boilers,14related controls, distribution systems, room or area units15and other components.16 (h) (Blank)."Supplemental Conventional Energy System"17shall mean a conventional energy system utilized for18providing energy in conjunction with a solar energy system19that provides not less than ten percent of the energy for the20particular end use. "Supplemental Conventional Energy System"21does not include any facilities of a public utility used to22produce, transmit, distribute or store gas or electricity.23 (i) (Blank)."Joint Solar Energy System" shall mean a24solar energy system that supplies energy for structures or25processes on more than one lot or in more than one26condominium unit or leasehold, but not to the general public27and involving at least two owners or users.28 (j) (Blank)."Unit of Local Government" shall mean29county, municipality, township, special districts, including30school districts, and units designated as units of local31government by law, which exercise limited governmental32powers.33 (k) "Department" means the Illinois Department of 34 Commerce and Community Affairs or its successor agency. SB2191 Engrossed -11- LRB9212303BDpkA 1 (l) (Blank)."Public Energy Supplier" shall mean2(1) A public utility as defined in an Act3concerning Public Utilities, approved June 29, 1921, as4amended; or5(2) A public utility that is owned or operated by6any political subdivision or municipal corporation of7this State, or owned by such political subdivision or8municipal corporation and operated by any of its lessees9or operating agents; or10(3) An electric cooperative as defined in Section1110.19 of An Act concerning Public Utilities, approved12June 29, 1921, as amended.13 (m) (Blank)."Energy Use Sites" shall mean sites where14energy is or may be used or consumed for generating15electricity or for heating or cooling gases, solids, liquids,16or other materials and where solar energy may be used cost17effectively, as defined in the regulations of the Department,18consistent 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, SB2191 Engrossed -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 Section 45. The Environmental Protection Act is amended 12 by changing Section 22.23 as follows: 13 (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23) 14 Sec. 22.23. Batteries. 15 (a) Beginning September 1, 1990, any person selling 16 lead-acid batteries at retail or offering lead-acid batteries 17 for retail sale in this State shall: 18 (1) accept for recycling used lead-acid batteries 19 from customers, at the point of transfer, in a quantity 20 equal to the number of new batteries purchased; and 21 (2) post in a conspicuous place a written notice at 22 least 8.5 by 11 inches in size that includes the 23 universal recycling symbol and the following statements: 24 "DO NOT put motor vehicle batteries in the trash."; 25 "Recycle your used batteries."; and "State law requires 26 us to accept motor vehicle batteries for recycling, in 27 exchange for new batteries purchased.". 28 (b) Any person selling lead-acid batteries at retail in 29 this State may either charge a recycling fee on each new SB2191 Engrossed -13- LRB9212303BDpkA 1 lead-acid battery sold for which the customer does not return 2 a used battery to the retailer, or provide a recycling credit 3 to each customer who returns a used battery for recycling at 4 the time of purchasing a new one. 5 (c) Beginning September 1, 1990, no lead-acid battery 6 retailer may dispose of a used lead-acid battery except by 7 delivering it (1) to a battery wholesaler or its agent, (2) 8 to a battery manufacturer, (3) to a collection or recycling 9 facility, or (4) to a secondary lead smelter permitted by 10 either a state or federal environmental agency. 11 (d) Any person selling lead-acid batteries at wholesale 12 or offering lead-acid batteries for sale at wholesale shall 13 accept for recycling used lead-acid batteries from customers, 14 at the point of transfer, in a quantity equal to the number 15 of new batteries purchased. Such used batteries shall be 16 disposed of as provided in subsection (c). 17 (e) A person who accepts used lead-acid batteries for 18 recycling pursuant to subsection (a) or (d) shall not allow 19 such batteries to accumulate for periods of more than 90 20 days. 21 (f) Beginning September 1, 1990, no person may knowingly 22 cause or allow: 23 (1) the placing of a lead-acid battery into any 24 container intended for collection and disposal at a 25 municipal waste sanitary landfill; or 26 (2) the disposal of any lead-acid battery in any 27 municipal waste sanitary landfill or incinerator. 28 (g) (Blank).The Department of Commerce and Community29Affairs shall identify and assist in developing alternative30processing and recycling options for used batteries.31 (h) For the purpose of this Section: 32 "Lead-acid battery" means a battery containing lead and 33 sulfuric acid that has a nominal voltage of at least 6 volts 34 and is intended for use in motor vehicles. SB2191 Engrossed -14- LRB9212303BDpkA 1 "Motor vehicle" includes automobiles, vans, trucks, 2 tractors, motorcycles and motorboats. 3 (i) (Blank).The Department shall study the problems4associated with household batteries that are processed or5disposed of as part of mixed solid waste, and shall develop6and implement a pilot project to collect and recycle used7household batteries. The Department shall report its8findings to the Governor and the General Assembly, together9with any recommendations for legislation, by November 1,101991.11 (j) Knowing violation of this Section shall be a petty 12 offense punishable by a fine of $100. 13 (Source: P.A. 89-445, eff. 2-7-96.) 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. SB2191 Engrossed -15- 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. SB2191 Engrossed -16- 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.