Public Act 096-0537
 		





SB2145 Enrolled
LRB096 01978 JDS 11988 b






    AN ACT concerning environmental safety.

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

 

    (105 ILCS 105/5a rep.)


    Section 3.  The Asbestos Abatement Act  is amended  by 
repealing Section 5a.
 
    Section 5. The Asbestos Abatement Act is amended  by 
changing Section 6 as follows:
 



    (105 ILCS 105/6)  (from Ch. 122, par. 1406)


    Sec. 6. Powers and Duties of the Department. 

    (a) The Department is empowered to promulgate any rules 
necessary to
ensure proper implementation and administration 
of this Act and of the
federal Asbestos Hazard Emergency 
Response Act of 1986, and the regulations
promulgated 
thereunder.

    (b) Rules promulgated by the Department shall include, but 
not be limited
to:


        (1) all rules necessary to achieve compliance with the 
    federal Asbestos
Hazard Emergency Response Act of 1986 and 
    the regulations promulgated
thereunder;


        (2) rules providing for the training and licensing of 
    persons and
firms to perform asbestos inspection and air 
    sampling; to perform abatement
work; and to serve as 
    asbestos abatement contractors, management, planners,

    project designers, project supervisors, project managers 
    and asbestos
workers for public and private secondary and 
    elementary
schools; and any necessary rules relating to the 
    correct and safe
performance of those tasks; and


        (3) rules for the development and submission of 
    asbestos management
plans by local educational agencies, 
    and for review and approval of such
plans by the 
    Department.

    (c) In carrying out its responsibilities under this Act, 
the Department
shall:


        (1) publish a list of persons and firms licensed 
    pursuant to this Act,
except that the Department shall not 
    be required to publish a list of
licensed asbestos workers; 
    and 


        (2) require each local educational agency to maintain 
    records of
asbestos-related activities, which shall be 
    made available to the
Department upon request. ; and


        (3) require local educational agencies to submit to the 
    Department for
review  and approval all asbestos-related 
    response action contracts for
which the local educational 
    agency seeks indemnification under the Response
Action 
    Contractor Indemnification Act, and with respect to
such 
    response
action contracts, to collect from the local 
    educational agency and deposit
in the Response Contractors 
    Indemnification Fund 5% of the amount of each
response 
    action contract, as required under the Response Action 
    Contractor
Indemnification Act.

    (d) Adopt rules for the collection of fees for
training 
course approval; and for licensing of
inspectors, management 
planners, project designers, contractors,
supervisors, air 
sampling professionals, project managers and workers.

(Source: P.A. 91-357, eff. 7-29-99.)



 
    Section 10. The Response Action Contractor Indemnification 
Act is amended  by changing Section 5 and adding Section 8 as 
follows:
 



    (415 ILCS 100/5)  (from Ch. 111 1/2, par. 7205)


    Sec. 5. Response Contractors Indemnification Fund. 

    (a) There is hereby created the Response Contractors 
Indemnification Fund.
The State Treasurer, ex officio, shall be 
custodian of the Fund, and the
Comptroller shall direct 
payments from the Fund upon vouchers properly
certified by the 
Attorney General in accordance with Section 4.  The Treasurer

shall credit interest on the Fund to the Fund.

    (b) Every State response action contract shall provide that 
5% of each
payment to be made by the State under the contract 
shall be paid by the
State directly into the Response 
Contractors Indemnification Fund rather
than to the 
contractor, except that when there is at least $100,000 in the 
Fund
at the beginning of a State fiscal year, State
response 
action contracts
during that fiscal year need not provide that 
5% of each payment made
under the contract be paid into the 
Fund.  When only a portion of a contract
relates to a remedial 
or response action, or to the identification, handling,

storage, treatment or disposal of a pollutant, the contract 
shall provide that
only that portion is subject to this 
subsection.

    (c) Within 30 days after the effective date of this 
amendatory Act of 1997,
the Comptroller shall order transferred 
and the Treasurer shall transfer
$1,200,000 from the Response 
Contractors Indemnification Fund to the
Brownfields 
Redevelopment Fund.  The Comptroller shall order transferred 
and
the Treasurer shall transfer $1,200,000 from the Response 
Contractors
Indemnification Fund to the Brownfields 
Redevelopment Fund on the first day of
fiscal years 1999, 2000, 
2001, 2002, and 2003.

    (d) Within 30 days after the effective date of this 
amendatory Act of
the 91st General Assembly, the Comptroller 
shall order transferred and the
Treasurer shall transfer 
$2,000,000 from the Response Contractors
Indemnification Fund 
to the Asbestos Abatement Fund.

    (e) Within 30 days after the effective date of this 
amendatory Act of the
93rd General Assembly, the Comptroller 
shall order transferred and the
Treasurer shall transfer all 
monies in the Response Action Contractor
Indemnification Fund 
in excess of $100,000 from the Response Action Contractor

Indemnification Fund to the Brownfields Redevelopment Fund.

    (f) Within 30 days after the effective date of this 
amendatory Act of the 96th General Assembly, the State 
Comptroller shall order transferred and the State  Treasurer 
shall transfer all moneys in the Response Action Contractor 
Indemnification Fund to the Brownfields Redevelopment Fund.

(Source: P.A. 92-486, eff. 1-1-02; 93-152, eff. 7-10-03.)


 
    (415 ILCS 100/8  new)
    Sec. 8. Repealer. This Act is repealed on the 31st day 
after the effective date of this amendatory Act of the 96th 
General Assembly.

 
    Section 15. The Alternate Fuels Act is amended  by changing 
Section 30 as follows:
 
    (415 ILCS 120/30)

    Sec. 30. Rebate program.   Beginning January 1, 1997, and as 
long as funds
are available, each owner of an
alternate fuel

vehicle shall be eligible to apply for a rebate.
Beginning July 
1, 2005, each owner of a vehicle using domestic renewable fuel

is eligible to apply for a fuel cost differential rebate under 
subsection (c)
of this Section.
The Agency
shall cause rebates 
to be
issued under the provisions of this Act.  An owner may

apply for only one of 3 types of rebates with
regard to an 
individual alternate fuel vehicle:  (i)  a
conversion cost 
rebate, (ii) an  OEM differential cost rebate, or
(iii) a fuel 
cost differential rebate.  Only one rebate may be
issued with 
regard to a particular alternate fuel vehicle during
the life 
of that vehicle.  A rebate shall not exceed $4,000 per
vehicle.  
Over the life of this rebate program, an owner of an
alternate 
fuel vehicle or a vehicle using domestic renewable fuel may not

receive rebates for more than 150
vehicles per location or for 
300 vehicles in total.


    (a) A conversion cost rebate may be issued to an
owner or 
his or her designee in order to reduce the cost of
converting 
of a conventional vehicle to an alternate fuel
vehicle.  
Conversion of a conventional vehicle to alternate fuel

capability must take place in Illinois for the owner to be

eligible for the conversion cost rebate.  Amounts spent by

applicants within a calendar year may be claimed on a rebate

application submitted within 12 months after the month in which 
the conversion of the vehicle took place during that calendar 
year.  Approved
conversion cost rebates applied for during or 
after calendar year 1997 shall be 80% of all
approved 
conversion
costs claimed and documented.  Approval of 
conversion cost rebates may
continue after calendar year 2002, 
if funds are still available.  An
applicant
may include on an

application submitted in 1997 all amounts spent within that

calendar year on the conversion, even if the expenditure

occurred before promulgation of the Agency rules.


    (b) An OEM differential cost rebate may be issued to
an 
owner or his or her designee in order to reduce the cost

differential between a conventional vehicle or engine and the

same vehicle or engine, produced by an original equipment

manufacturer, that has the capability to use alternate fuels.


    A new OEM vehicle or engine must be purchased in Illinois

and must either be an alternate fuel vehicle or used in an

alternate fuel vehicle, respectively, for the owner to be

eligible for an OEM differential cost rebate.  Large vehicles, 
over 8,500 pounds gross vehicle weight, purchased outside 
Illinois are eligible for an OEM differential cost rebate if 
the same or a comparable vehicle is not available for purchase 
in Illinois. Amounts spent by
applicants within a calendar year 
may be claimed on a rebate
application submitted within 12 
months after the month in which the new OEM vehicle or engine 
was purchased during that calendar year.


    Approved OEM differential cost rebates applied for during

or after calendar year 1997 shall be 80% of all
approved cost 
differential claimed and documented.  Approval of OEM

differential cost rebates may continue after calendar year 
2002, if funds are
still
available.  An applicant
may include on 
an application submitted in 1997 all amounts
spent within that 
calendar year on OEM equipment, even if the
expenditure 
occurred before promulgation of the Agency rules.


    (c) A fuel cost differential rebate may be issued to
an 
owner or his or her designee in order to reduce the cost

differential between conventional fuels and domestic renewable

fuels or alternate fuels purchased to operate an alternate fuel 
vehicle
.  The fuel cost differential shall be
based on a 3-year 
life cycle cost analysis developed by the
Agency by rulemaking.  
The rebate shall apply to and be
payable during a consecutive 
3-year period commencing on the
date the application is 
approved by the Agency.  Approved
fuel cost differential rebates 
may be applied for during or after calendar
year 1997 and 
approved
rebates shall be
80% of the cost differential for a 
consecutive 3-year period.
Approval of fuel cost differential 
rebates may continue after calendar year
2002 if funds are 
still available.


    Twenty-five percent of the amount
that is appropriated 
under Section 40 to be used to fund programs
authorized by this 
Section during calendar year 2001 shall be
designated to fund 
fuel cost differential rebates.  If the total
dollar amount of 
approved fuel cost differential rebate
applications as of July 
1, 2001 is less than the amount
designated for that calendar 
year, the balance of designated
funds shall be immediately 
available to fund any rebate
authorized by this Section and 
approved in the calendar year.


    An approved fuel cost differential rebate shall be paid to 
an owner
in 3 annual installments on or about the anniversary 
date of the
approval of the application.  Owners receiving a 
fuel cost
differential rebate shall be required to demonstrate, 
through
recordkeeping, the use of domestic renewable fuels 
during the
3-year period commencing on the date the application 
is approved
by the Agency.  If the vehicle ceases to be

registered to the original applicant owner, a prorated

installment shall be paid to that owner or the owner's designee

and the remainder of the rebate shall be canceled.


    (d) Vehicles owned by the federal government or
vehicles 
registered in a state outside Illinois are not eligible
for 
rebates.


(Source: P.A. 94-62, eff. 6-20-05; 94-1079, eff. 6-1-07.)

 

    (225 ILCS 220/Act rep.)


    Section 20. The Hazardous Waste Crane and Hoisting 
Equipment Operators
Licensing Act is repealed.
 

    (225 ILCS 221/Act rep.)


    Section 25. The Hazardous Waste Laborers Licensing Act is 
repealed.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.