Bill Amendment: IL HB3164 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AGRICULTURE RULES

Status: 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3164 Detail]

Download: Illinois-2015-HB3164-House_Amendment_001.html

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Rep. Jerry F. Costello, II

Filed: 3/23/2015

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AMENDMENT TO HOUSE BILL 3164
AMENDMENT NO. ______. Amend House Bill 3164 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Fertilizer Act of 1961 is amended
by changing Sections 6a, 7, and 18a as follows:
(505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
Sec. 6a. Nutrient Research and Education Council. The
Director is hereby authorized to ensure that distributors remit
a designated fertilizer tonnage assessment to the Nutrient
Research and Education Council (NREC) for the purpose of
pursuing nutrient research and providing educational programs
to ensure the adoption and implementation of practices that
optimize nutrient use efficiency, ensure soil fertility, and
address environmental concerns with regard to fertilizer use.
The NREC may also participate in relevant demonstration and
cost-share programs to enhance adoption and meet objectives of

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nutrient efficiency and stewardship programs supported by the
NREC.
The NREC shall be comprised of 13 9 voting members: , 3
representing the fertilizer industry; 7 , 3 representing grower
organizations as follows: 2 members , to include at least one
member of the State's largest farm organization, 2 from the
organization with the largest number of row crop acreage, 2
from the organization with the second largest number of row
crop acreage, and one from the organization with the third
largest number of row crop acreage; one person representing the
specialty fertilizer industry; , one person representing a
certified agronomy organization; , and the Director or his or
her designee and 4 non-voting members: 2 persons representing
environmental organizations, one person representing a State
or federal agriculture experiment station and the Director of
the Illinois Environmental Protection Agency or his or her
designee. In the appointment of persons to the NREC, the
organizations designated in this Section shall nominate, and
the Director shall select from these nominations,
representatives to this Council. Members of the Council shall
receive no compensation for their services, and the terms of
the Council members, appointment process, and conduct of the
meetings shall be outlined in the bylaws established by this
Council on their initial appointment by the Director and made
available to the industry organizations.
The responsibilities of the NREC are to:

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(1) prioritize nutrient research needs and solicit
research proposals to generate findings and make
recommendations to the Council based on the findings;
(2) evaluate the proposed budget for each research
project and make recommendations as necessary;
(3) arrange for peer review of all research proposals
for scientific merit and methods;
(4) report the findings of all research projects at
industry conferences, publish the findings and implement
educational programs to apply the research recommendations
in agricultural production systems and in consumer use
markets where appropriate;
(5) engage in outreach and field level trials and
educational programs with growers and consumers and
publicize these events; and
(6) where practical, cooperate with other programs
with similar goals.
The Council shall recommend, and the Director shall set,
the fertilizer tonnage assessment for the purpose of funding
the NREC at no less than 50 cents per ton and no greater than $3
per ton to fund, administer, publish, and implement the
research, education, and outreach programs designated each
year by the Council. A minimum of 20% of the funds shall be
designated for cost-share programs and on-farm demonstration
programs to study and address water quality issues. The Council
shall report to the Director by December 31 of each year the

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recommended amount of annual tonnage assessment to be collected
the following year from distributors.
Assessments collected from distributors are payable
directly to the NREC on a semi-annual basis. This payment shall
coincide with the reporting of the tonnage data and the
remittance of the inspection fee to the Department. If the NREC
assessment is not made to the Council under this Section, then
the Director may rescind the license of the distributor. The
NREC may enter into contracts with other entities approved by
the Council for the purposes of fulfilling the objectives of
the NREC.
The NREC shall publish annually a financial and activities
report, including amount of funds collected and expenditures
for nutrient programs. The NREC shall be audited at least
annually by a certified public accountant and the audit made
available within 30 days after its completion to the Director
and each Council member for dissemination to their respective
organizations.
(Source: P.A. 97-960, eff. 8-15-12.)
(505 ILCS 80/7) (from Ch. 5, par. 55.7)
Sec. 7. Inspection, sampling, analysis.
(a) It is the duty of the Director, who may act through his
authorized agent, to sample, inspect, make analysis of, and
test fertilizers distributed within this State at a time and
place and to such an extent as the Director considers necessary

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to determine whether such fertilizers are in compliance with
the provisions of this Act. The Director, individually or
through his agent, is authorized to enter upon any public or
private premises during regular business hours in order to have
access to fertilizers and to records relating to their
distribution subject to the provisions of this Act and the
rules and regulations pertaining thereto within constitutional
limitations.
(b) The methods of analysis and sampling shall be those
adopted by the official agency from sources such as those of
the Association of Official Analytical Chemists.
(c) The Director, in determining for administrative
purposes whether any fertilizer is deficient in plant food,
shall be guided solely by the official sample as defined in
Section 3, and obtained and analyzed as provided for in this
Section.
(d) The results of official analysis of any fertilizer
which has been found to be subject to penalty or other legal
action shall be forwarded by the Director to the registrant at
least 10 days before the report is submitted to the purchaser.
If during that period no adequate evidence to the contrary is
made available to the Director, the report shall become
official. Upon request the Director shall furnish to the
registrant a portion of any sample found subject to penalty or
other legal action.
(Source: P.A. 97-960, eff. 8-15-12.)

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(505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
Sec. 18a. Location and operation.
(a) Before installing fertilizer facilities for the
distribution or storage of anhydrous ammonia or low-pressure
nitrogen solutions, the owner shall apply to the Department for
approval of the location of the facilities. Distribution and
storage facilities shall be in compliance with local zoning
ordinances and the minimum distance requirements for safe
storage of anhydrous ammonia or low-pressure nitrogen
solutions as established by Department rule. Existing storage
tanks installed prior to the effective date of this amendatory
Act of 1983 shall be exempt from the requirements for location
approval. Prior to any expansion or modification of such
existing storage tanks, written approval shall be obtained from
the Department and such tanks shall meet current requirements
as established by Department rule.
(b) Authorized Department personnel may enter upon any
public or private premises during reasonable business hours and
inspect facilities, equipment and vehicles used in the storage,
application, and distribution of anhydrous ammonia and
low-pressure nitrogen solutions and observe operations as
necessary to determine compliance with the provisions of this
Act and the rules promulgated hereunder within constitutional
limitations. Department personnel may enter the premises at any
time when the health, safety or welfare of the public is

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threatened by escaping gas, spills, fire, damaged or faulty
equipment, accident or act of God.
(c) It shall be unlawful for any entity to distribute,
store, transport, or use anhydrous ammonia or low-pressure
nitrogen solutions in violation of this Act or the rules
adopted by the Department or to violate a stop use order issued
by the Director.
(d) The Director or his authorized agent may issue and
enforce a written stop use order to the owner or custodian of
the facility upon a violation of this Act or the rules and
regulations. The Director shall terminate the stop use order
upon compliance with the requirements of this Act and rules and
regulations.
(e) (Blank).
(f) Nothing in this Section shall apply to facilities that
manufacture anhydrous ammonia subject to the OSHA Process
Safety Management regulations cited under 29 CFR 1910.119.
(Source: P.A. 97-960, eff. 8-15-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.".