Bill Amendment: IL HB3086 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PESTICIDES-REGISTRATION
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0441 [HB3086 Detail]
Download: Illinois-2023-HB3086-Senate_Amendment_001.html
Bill Title: PESTICIDES-REGISTRATION
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0441 [HB3086 Detail]
Download: Illinois-2023-HB3086-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3086
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2 | AMENDMENT NO. ______. Amend House Bill 3086 on page 1, | ||||||
3 | line 5, by replacing "and 13.3" with "13.3, and 19"; and
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4 | on page 17, immediately below line 1, by inserting the | ||||||
5 | following:
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6 | "(415 ILCS 60/19) (from Ch. 5, par. 819)
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7 | Sec. 19. Interagency Committee on Pesticides. The Director | ||||||
8 | is authorized
to create an interagency committee on | ||||||
9 | pesticides. Its purpose is to study
and advise on the use of | ||||||
10 | pesticides on State property. Also, its purpose
is to advise | ||||||
11 | any State agency in connection with quarantine programs or
the | ||||||
12 | protection of the public health and welfare, and to recommend | ||||||
13 | needed
legislation concerning pesticides.
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14 | 1. An interagency committee on pesticides shall consist | ||||||
15 | of: (1) the
Director of the Department of Agriculture, (2) the | ||||||
16 | Director of Natural
Resources, (3) the Director of the |
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1 | Environmental
Protection Agency, (4) the Director of the | ||||||
2 | Department of Public Health, (5)
the Secretary of the | ||||||
3 | Department of Transportation, (6) the President of the | ||||||
4 | University of Illinois or his or her designee representing the
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5 | State Natural History Survey and (7) the Dean of the College of
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6 | Agriculture, University of Illinois. Each member of the | ||||||
7 | committee may
designate some person in his department to serve | ||||||
8 | on the committee in
his stead. Other State agencies may, at the | ||||||
9 | discretion of the Director,
be asked to serve on the | ||||||
10 | interagency committee on pesticides. The Director
of the | ||||||
11 | Department of Agriculture shall be chairman of this committee.
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12 | 2. The interagency committee shall: (1) Review the current | ||||||
13 | status of
the sales and use of pesticides within the State of | ||||||
14 | Illinois. (2) Review
pesticide programs to be sponsored or | ||||||
15 | directed by a governmental agency.
(3) Consider the problems | ||||||
16 | arising from pesticide use with particular emphasis
on the | ||||||
17 | possible adverse effects on human health, livestock, crops, | ||||||
18 | fish,
and wildlife, business, industry, agriculture, or the | ||||||
19 | general public. (4)
Recommend legislation to the Governor, if | ||||||
20 | appropriate, which will prohibit
the irresponsible use of | ||||||
21 | pesticides. (5) Review rules and regulations
pertaining to the | ||||||
22 | regulation or prohibition of the sale, use or application
of | ||||||
23 | pesticides and labeling of pesticides for approval prior to | ||||||
24 | promulgation
and adoption. (6) Contact various experts and lay | ||||||
25 | groups, such as the
Illinois Pesticide Control Committee, to | ||||||
26 | obtain their views and
cooperation. (7) Advise on and approve |
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1 | of all programs involving the use of
pesticides on State owned | ||||||
2 | property, state controlled property, or
administered by State | ||||||
3 | agencies. (8) Examine, with the assistance of the Department | ||||||
4 | of Agriculture, the possibility of continuing education | ||||||
5 | courses to satisfy pesticide applicator competency | ||||||
6 | requirements required for existing licensees. This shall not | ||||||
7 | be construed to include
research programs, or the generally | ||||||
8 | accepted and approved practices
essential to good farm and | ||||||
9 | institutional management on the premises of the
various State | ||||||
10 | facilities.
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11 | 3. Members of this committee shall receive no compensation | ||||||
12 | for their
services as members of this committee other than | ||||||
13 | that provided by law for
their respective positions with the | ||||||
14 | State of Illinois. All necessary
expenses for travel of the | ||||||
15 | committee members shall be paid out of regular
appropriations | ||||||
16 | of their respective agencies.
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17 | 4. The committee shall meet at least once each quarter of | ||||||
18 | the calendar
year, and may hold additional meetings upon the | ||||||
19 | call of the chairman. Four
members shall constitute a quorum.
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20 | 5. The committee shall make a detailed report of its | ||||||
21 | findings and
recommendations to the Governor of Illinois prior | ||||||
22 | to each General
Assembly Session.
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23 | 6. The Interagency Committee on Pesticides shall, at a | ||||||
24 | minimum,
annually, during the spring, conduct a statewide | ||||||
25 | public education campaign
and agriculture chemical safety | ||||||
26 | campaign to inform the public about
pesticide products, uses |
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1 | and safe disposal techniques. A toll-free hot
line number | ||||||
2 | shall be made available for the public to report misuse cases.
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3 | The Committee shall include in its educational program | ||||||
4 | information and
advice about the effects of various pesticides | ||||||
5 | and application techniques
upon the groundwater and drinking | ||||||
6 | water of the State.
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7 | 7. The Interagency Committee on Pesticides shall conduct a | ||||||
8 | special
study of the effects of chemigation and other | ||||||
9 | agricultural applications of
pesticides upon the groundwater | ||||||
10 | of this State. The results of such study
shall be reported to | ||||||
11 | the General Assembly by March 1, 1989. The members of
the | ||||||
12 | Committee may utilize the technical and clerical resources of | ||||||
13 | their
respective departments and agencies as necessary or | ||||||
14 | useful in the conduct
of the study.
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15 | 8. In consultation with the Interagency Committee, the | ||||||
16 | Department
shall develop, and the Interagency Committee shall | ||||||
17 | approve,
procedures, methods, and guidelines for addressing | ||||||
18 | agrichemical
pesticide contamination at agrichemical | ||||||
19 | facilities in Illinois. In
developing those procedures, | ||||||
20 | methods, and guidelines, the following shall
be considered and | ||||||
21 | addressed: (1) an evaluation and assessment of site
conditions | ||||||
22 | and operational practices at agrichemical facilities where
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23 | agricultural pesticides are handled; (2) what constitutes | ||||||
24 | pesticide
contamination; (3) cost effective procedures for | ||||||
25 | site assessments and
technologies for remedial action; and (4) | ||||||
26 | achievement of adequate
protection of public health and the |
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1 | environment from such actual or
potential hazards. In | ||||||
2 | consultation with the Interagency Committee, the Department
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3 | shall develop, and the Interagency Committee shall approve, | ||||||
4 | guidelines and
recommendations regarding long term financial | ||||||
5 | resources which may be
necessary to remediate pesticide | ||||||
6 | contamination at agrichemical facilities
in Illinois. The | ||||||
7 | Department, in consultation with the Interagency
Committee, | ||||||
8 | shall present a report on those guidelines and
recommendations | ||||||
9 | to the Governor and the General Assembly on or before
January | ||||||
10 | 1, 1993. The Department and the Interagency Committee shall
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11 | consult with the Illinois Pesticide Control
Committee and | ||||||
12 | other appropriate parties during this development process.
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13 | 9. As part of the consideration of cost effective | ||||||
14 | technologies pursuant
to subsection 8 of this Section, the | ||||||
15 | Department may, upon request, provide
a written authorization | ||||||
16 | to the owner or operator of an agrichemical
facility for land | ||||||
17 | application of agrichemical contaminated
soils at agronomic | ||||||
18 | rates.
As used in this Section, "agrichemical" means | ||||||
19 | pesticides or commercial
fertilizers, at an agrichemical | ||||||
20 | facility, in transit from an agrichemical
facility to the | ||||||
21 | field of application, or at the field of application.
The | ||||||
22 | written authorization may also provide for use
of groundwater | ||||||
23 | contaminated by the release of an agrichemical,
provided
that | ||||||
24 | the groundwater is not also contaminated due to the release of | ||||||
25 | a
petroleum product or hazardous substance other than an | ||||||
26 | agrichemical. The uses
of agrichemical contaminated |
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1 | groundwater authorized by the
Department shall be
limited to | ||||||
2 | supervised application or irrigation onto farmland and | ||||||
3 | blending
as make-up water in the preparation of agrichemical | ||||||
4 | spray solutions that
are to be applied to farmland. In either | ||||||
5 | case, the use of the agrichemical
contaminated water shall not | ||||||
6 | cause (i) the total annual application amounts
of a pesticide | ||||||
7 | to exceed the respective pesticide label application
rate on | ||||||
8 | any authorized sites
or (ii) the total annual application | ||||||
9 | amounts of a fertilizer to exceed the
generally accepted | ||||||
10 | annual application rate on any authorized sites. All
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11 | authorizations shall prescribe
appropriate operational control | ||||||
12 | practices to protect the site of application
and shall | ||||||
13 | identify each site or sites where land
application or | ||||||
14 | irrigation take place. Where agrichemical
contaminated
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15 | groundwater is used on farmland, the prescribed practices | ||||||
16 | shall be designed
to prevent off-site runoff or conveyance | ||||||
17 | through underground tile
systems. The Department shall
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18 | periodically advise the Interagency Committee regarding the | ||||||
19 | issuance of
such authorizations and the status of compliance | ||||||
20 | at the application sites.
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21 | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)".
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