Bill Text: IL SB3069 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes the provisions of Executive Order 3 (2017) concerning transfers from the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Transfers various powers, duties, rights, and responsibilities of the Office of Energy and Recycling under the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Makes corresponding changes throughout the statutes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3069 Detail]

Download: Illinois-2017-SB3069-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3069 Introduced 2/15/2018, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
See Index
Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes the provisions of Executive Order 3 (2017) concerning transfers from the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Transfers various powers, duties, rights, and responsibilities of the Office of Energy and Recycling under the Department of Commerce and Economic Opportunity to the Environmental Protection Agency. Makes corresponding changes throughout the statutes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Executive Order 3 (2017) Implementation Act.
Section 5. Effect. This Act, including all of the
amendatory provisions of this Act, implements and supersedes
the provisions of Executive Order 3 (2017) concerning the
transfer of rights, powers, duties, responsibilities,
employees, property, funds, and functions from the Department
of Commerce and Economic Opportunity to the Environmental
Protection Agency.
Section 10. Functions transferred. Except as provided in
Section 15, on the effective date of this Act or as soon
thereafter as practical, those powers, duties, rights,
responsibilities, and functions of the Office of Energy and
Recycling under the Department of Commerce and Economic
Opportunity that are referenced in this Act are transferred to
the Environmental Protection Agency as provided in this Act.
All of the general powers reasonably necessary and convenient
to implement and administer those functions of the Office of
Energy and Recycling transferred by this Act are vested in and

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shall be exercised by the Environmental Protection Agency.
Section 15. Functions not transferred. The functions
associated with the Office of Energy and Recycling that are
transferred to the Environmental Protection Agency under
Section 10 do not include any one or more of the following:
(1) electric energy efficiency programs administered
by the Department of Commerce and Economic Opportunity
under Section 8-103 of the Public Utilities Act;
(2) natural gas efficiency programs administered by
the Department of Commerce and Economic Opportunity under
Section 8-104 of the Public Utilities Act; or
(3) any functions of the Office of Energy and Recycling
not transferred to the Environmental Protection Agency by
this Act.
Section 20. Representation on boards or other entities.
With respect to the Department of Commerce and Economic
Opportunity, the transfers under this Act shall not affect:
(1) the composition of any multi-member board,
commission, or authority, unless otherwise provided in
this Act;
(2) the manner in which any official is appointed,
except that when any provision of an Executive Order or Act
provides for the membership of the Department of Commerce
and Economic Opportunity on any council, commission,

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board, or other entity in relation to any function of the
Office of Energy and Recycling transferred to the
Environmental Protection Agency under this Act, the
Director of the Environmental Protection Agency or his or
her designee shall serve in that place; if more than one
such person is required by law to serve on any council,
commission, board, or other entity, then an equivalent
number of representatives of the Environmental Protection
Agency shall so serve;
(3) whether the nomination or appointment of any
official is subject to the advice and consent of the
Senate;
(4) any eligibility or qualification requirements
pertaining to service as an official; or
(5) the service or term of any incumbent official
serving as of the effective date of this Act.
Section 25. Personnel transferred. Personnel and positions
within the Department of Commerce and Economic Opportunity that
are engaged in the performance of functions of the Office of
Energy and Recycling transferred to the Environmental
Protection Agency under this Act are transferred to and shall
continue their service within the Environmental Protection
Agency. The status and rights of those employees under the
Personnel Code shall not be affected by this Act. The rights of
the employees and the State of Illinois and its agencies under

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the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan
shall not be affected by this Act.
Section 30. Books and records transferred. All books,
records, papers, documents, property (real and personal),
contracts, causes of action, and pending business, pertaining
to the powers, duties, rights, and responsibilities
transferred to the Environmental Protection Agency under this
Act, including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Environmental Protection Agency.
Section 35. Successor agency; unexpended moneys
transferred. With respect to the functions of the Office of
Energy and Recycling transferred under this Act, the
Environmental Protection Agency is the successor agency to the
Department of Commerce and Economic Opportunity under the
Successor Agency Act and Section 9b of the State Finance Act.
All unexpended appropriations and balances and other funds
available for use by the Office of Energy and Recycling shall,
pursuant to the direction of the Governor, be transferred for
use by the Environmental Protection Agency in accordance with
this Act. Unexpended balances so transferred shall be expended
by the Environmental Protection Agency only for the purpose for
which the appropriations were originally made.

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Section 40. Reports, notices, or papers. Whenever reports
or notices are required to be made or given or papers or
documents furnished or served by any person to or upon the
Department of Commerce and Economic Opportunity in connection
with any of the powers, duties, rights, or responsibilities
transferred by this Act to the Environmental Protection Agency,
the same shall instead be made, given, furnished, or served in
the same manner to or upon the Environmental Protection Agency.
Section 45. Rules.
(a) Any rules that (1) relate to the functions of the
Office of Energy and Recycling transferred to the Environmental
Protection Agency by this Act, (2) are in full force on the
effective date of Executive Order 3 (2017), and (3) have been
duly adopted by the Department of Commerce and Economic
Opportunity shall become the rules of the Environmental
Protection Agency. This Act does not affect the legality of any
such rules in the Illinois Administrative Code.
(b) Any proposed rule filed with the Secretary of State by
the Department of Commerce and Economic Opportunity that
pertains to the functions of the Office of Energy and Recycling
transferred to the Environmental Protection Agency by this Act,
and that is pending in the rulemaking process on the effective
date of Executive Order 3 (2017) shall be deemed to have been
filed by the Environmental Protection Agency.

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(c) On and after the effective date of this Act, the
Environmental Protection Agency may propose and adopt, under
the Illinois Administrative Procedure Act, other rules that
relate to the functions of the Office of Energy and Recycling
transferred to the Environmental Protection Agency by this Act.
Section 50. Rights, obligations, and duties unaffected by
transfer. The transfer of powers, duties, rights, and
responsibilities to the Environmental Protection Agency under
this Act does not affect any person's rights, obligations, or
duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred powers, duties,
rights, and responsibilities.
Section 55. Acts and actions unaffected by transfer.
(a) This Act does not affect any act done, ratified, or
canceled, or any right accruing or established, before the
effective date of Executive Order 3 (2017) in connection with
any function of the Office of Energy and Recycling transferred
under this Act.
This Act does not affect any action or proceeding had or
commenced before the effective date of Executive Order 3 (2017)
in an administrative, civil, or criminal cause regarding a
function of the Office of Energy and Recycling transferred from
the Department of Commerce and Economic Opportunity, but any
such action or proceeding may be defended, prosecuted, or

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continued by the Environmental Protection Agency.
Section 60. Exercise of transferred powers; savings
provisions. The powers, duties, rights, and responsibilities
related to the functions of the Office of Energy and Recycling
transferred under this Act are vested in and shall be exercised
by the Environmental Protection Agency. Each act done in the
exercise of those powers, duties, rights, and responsibilities
shall have the same legal effect as if done by the Department
of Commerce and Economic Opportunity or its divisions,
officers, or employees.
Section 900. The Electric Vehicle Act is amended by
changing Sections 15 and 20 as follows:
(20 ILCS 627/15)
Sec. 15. Electric Vehicle Coordinator. The Governor shall
appoint a person within the Environmental Protection Agency
Department of Commerce and Economic Opportunity to serve as the
Electric Vehicle Coordinator for the State of Illinois. This
person may be an existing employee with other duties. The
Coordinator shall act as a point person for electric vehicle
related policies and activities in Illinois.
(Source: P.A. 97-89, eff. 7-11-11.)
(20 ILCS 627/20)

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Sec. 20. Electric vehicle advisory council.
(a) There is created the Illinois Electric Vehicle Advisory
Council. The Council shall investigate and recommend
strategies that the Governor and the General Assembly may
implement to promote the use of electric vehicles, including,
but not limited to, potential infrastructure improvements,
State and local regulatory streamlining, and changes to
electric utility rates and tariffs.
(b) The Council shall include all of the following members:
(1) The Electric Vehicle Coordinator to serve as
chairperson.
(2) Four members of the General Assembly, one appointed
by the Speaker of the House of Representatives, one
appointed by the Minority Leader of the House of
Representatives, one appointed by the President of the
Senate, and one appointed by the Minority Leader of the
Senate.
(3) (Blank). The Director of Commerce and Economic
Opportunity or his or her designee.
(4) The Director of the Environmental Protection
Agency or his or her designee.
(5) The Executive Director of the Illinois Commerce
Commission or his or her designee.
(6) The Secretary of the Illinois Department of
Transportation or his or her designee.
(7) Ten at-large members appointed by the Governor as

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follows:
(A) two representatives of statewide environmental
organizations;
(B) two representatives of national or regional
environmental organizations;
(C) one representative of a nonprofit car-sharing
organization;
(D) two representatives of automobile
manufacturers;
(E) one representative of the City of Chicago; and
(F) two representatives of electric utilities.
(c) The Council shall report its findings to the Governor
and General Assembly by December 31, 2011.
(d) The Environmental Protection Agency Department of
Commerce and Economic Opportunity shall provide administrative
and other support to the Council.
(Source: P.A. 97-89, eff. 7-11-11.)
Section 905. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Sections 6-3, 6-4, 6-5, 6-5.5, and 6-6 as follows:
(20 ILCS 687/6-3)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6-3. Renewable energy resources program.
(a) The Environmental Protection Agency Department of

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Commerce and Economic Opportunity, to be called the "Agency"
"Department" hereinafter in this Law, shall administer the
Renewable Energy Resources Program to provide grants, loans,
and other incentives to foster investment in and the
development and use of renewable energy resources.
(b) The Agency may, by administrative rule, Department
shall establish and adjust eligibility criteria for grants,
loans, and other incentives to foster investment in and the
development and use of renewable energy resources. These
criteria shall be reviewed annually and adjusted as necessary.
The criteria should promote the goal of fostering investment in
and the development and use, in Illinois, of renewable energy
resources.
(c) The Agency may Department shall accept applications for
grants, loans, and other incentives to foster investment in and
the development and use of renewable energy resources.
(d) To the extent that funds are available and
appropriated, the Agency Department shall provide grants,
loans, and other incentives to applicants that meet the
criteria specified by the Agency Department.
(e) (Blank). The Department shall conduct an annual study
on the use and availability of renewable energy resources in
Illinois. Each year, the Department shall submit a report on
the study to the General Assembly. This report shall include
suggestions for legislation which will encourage the
development and use of renewable energy resources.

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(f) As used in this Law, "renewable energy resources"
includes energy from wind, solar thermal energy, photovoltaic
cells and panels, dedicated crops grown for energy production
and organic waste biomass, hydropower that does not involve new
construction or significant expansion of hydropower dams, and
other such alternative sources of environmentally preferable
energy. "Renewable energy resources" does not include,
however, energy from the incineration or burning of waste wood,
tires, garbage, general household, institutional and
commercial waste, industrial lunchroom or office waste,
landscape waste, or construction or demolition debris.
(g) There is created the Energy Efficiency Investment Fund
as a special fund in the State Treasury, to be administered by
the Agency Department to support the development of
technologies for wind, biomass, and solar power in Illinois.
The Agency Department may accept private and public funds,
including federal funds, for deposit into the Fund.
(Source: P.A. 94-793, eff. 5-19-06; 95-913, eff. 1-1-09.)
(20 ILCS 687/6-4)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6-4. Renewable Energy Resources Trust Fund.
(a) A fund to be called the Renewable Energy Resources
Trust Fund is hereby established in the State Treasury.
(b) The Renewable Energy Resources Trust Fund shall be
administered by the Agency Department to provide grants, loans,

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and other incentives to foster investment in and the
development and use of renewable energy resources as provided
in Section 6-3 of this Law or pursuant to the Illinois
Renewable Fuels Development Program Act.
(c) All funds used by the Agency Department for the
Renewable Energy Resources Program shall be subject to
appropriation by the General Assembly.
(Source: P.A. 94-839, eff. 6-6-06.)
(20 ILCS 687/6-5)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6-5. Renewable Energy Resources and Coal Technology
Development Assistance Charge.
(a) Notwithstanding the provisions of Section 16-111 of the
Public Utilities Act but subject to subsection (e) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public Utilities
Act, that is engaged in the delivery of electricity or the
distribution of natural gas within the State of Illinois shall,
effective January 1, 1998, assess each of its customer accounts
a monthly Renewable Energy Resources and Coal Technology
Development Assistance Charge. The delivering public utility,
municipal electric or gas utility, or electric or gas
cooperative for a self-assessing purchaser remains subject to
the collection of the fee imposed by this Section. The monthly

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charge shall be as follows:
(1) $0.05 per month on each account for residential
electric service as defined in Section 13 of the Energy
Assistance Act;
(2) $0.05 per month on each account for residential gas
service as defined in Section 13 of the Energy Assistance
Act;
(3) $0.50 per month on each account for nonresidential
electric service, as defined in Section 13 of the Energy
Assistance Act, which had less than 10 megawatts of peak
demand during the previous calendar year;
(4) $0.50 per month on each account for nonresidential
gas service, as defined in Section 13 of the Energy
Assistance Act, which had distributed to it less than
4,000,000 therms of gas during the previous calendar year;
(5) $37.50 per month on each account for nonresidential
electric service, as defined in Section 13 of the Energy
Assistance Act, which had 10 megawatts or greater of peak
demand during the previous calendar year; and
(6) $37.50 per month on each account for nonresidential
gas service, as defined in Section 13 of the Energy
Assistance Act, which had 4,000,000 or more therms of gas
distributed to it during the previous calendar year.
(b) The Renewable Energy Resources and Coal Technology
Development Assistance Charge assessed by electric and gas
public utilities shall be considered a charge for public

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utility service.
(c) Fifty percent of the moneys collected pursuant to this
Section shall be deposited in the Renewable Energy Resources
Trust Fund by the Department of Revenue. From those funds,
$2,000,000 may be used annually by the Environmental Protection
Agency Department to provide grants to the Illinois Green
Economy Network for the purposes of funding education and
training for renewable energy and energy efficiency technology
and for the operation and services of the Illinois Green
Economy Network. The remaining 50 percent of the moneys
collected pursuant to this Section shall be deposited in the
Coal Technology Development Assistance Fund by the Department
of Revenue for the exclusive purposes of (1) capturing or
sequestering carbon emissions produced by coal combustion; (2)
supporting research on the capture and sequestration of carbon
emissions produced by coal combustion; and (3) improving coal
miner safety.
(d) By the 20th day of the month following the month in
which the charges imposed by this Section were collected, each
utility and alternative retail electric supplier collecting
charges pursuant to this Section shall remit to the Department
of Revenue for deposit in the Renewable Energy Resources Trust
Fund and the Coal Technology Development Assistance Fund all
moneys received as payment of the charge provided for in this
Section on a return prescribed and furnished by the Department
of Revenue showing such information as the Department of

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Revenue may reasonably require.
(e) The charges imposed by this Section shall only apply to
customers of municipal electric or gas utilities and electric
or gas cooperatives if the municipal electric or gas utility or
electric or gas cooperative makes an affirmative decision to
impose the charge. If a municipal electric or gas utility or an
electric or gas cooperative makes an affirmative decision to
impose the charge provided by this Section, the municipal
electric or gas utility or electric or gas cooperative shall
inform the Department of Revenue in writing of such decision
when it begins to impose the charge. If a municipal electric or
gas utility or electric or gas cooperative does not assess this
charge, its customers shall not be eligible for the Renewable
Energy Resources Program.
(f) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
(Source: P.A. 100-402, eff. 8-25-17.)
(20 ILCS 687/6-5.5)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6-5.5. Renewable energy grants.
(a) Subject to appropriation, the Agency may Department
shall establish and operate a renewable energy grant program to
assist public schools and community colleges with engineering
studies and feasibility studies and in training green economy
technology and in the installation, acquisition, construction,

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and improvement of renewable energy resources, including
without limitation smart grid technology, solar energy (such as
solar panels), geothermal energy, and wind energy.
(b) Application for a grant under this Section must be in
the form and manner established by the Department. The schools
and community colleges may accept private funds for their
portion of the cost.
(c) The Agency Department may adopt any rules that are
necessary to carry out its responsibilities under this Section.
(Source: P.A. 96-725, eff. 8-25-09; 97-72, eff. 7-1-11.)
(20 ILCS 687/6-6)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6-6. Energy efficiency program.
(a) For the year beginning January 1, 1998, and thereafter
as provided in this Section, each electric utility as defined
in Section 3-105 of the Public Utilities Act and each
alternative retail electric supplier as defined in Section
16-102 of the Public Utilities Act supplying electric power and
energy to retail customers located in the State of Illinois
shall contribute annually a pro rata share of a total amount of
$3,000,000 based upon the number of kilowatt-hours sold by each
such entity in the 12 months preceding the year of
contribution. On or before May 1 of each year, the Illinois
Commerce Commission shall determine and notify the Agency
Department of Commerce and Economic Opportunity of the pro rata

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share owed by each electric utility and each alternative retail
electric supplier based upon information supplied annually to
the Illinois Commerce Commission. On or before June 1 of each
year, the Agency Department of Commerce and Economic
Opportunity shall send written notification to each electric
utility and each alternative retail electric supplier of the
amount of pro rata share they owe. These contributions shall be
remitted to the Department of Revenue on or before June 30 of
each year the contribution is due on a return prescribed and
furnished by the Department of Revenue showing such information
as the Department of Revenue may reasonably require. The funds
received pursuant to this Section shall be subject to the
appropriation of funds by the General Assembly. The Department
of Revenue shall place the funds remitted under this Section in
a trust fund, that is hereby created in the State Treasury,
called the Energy Efficiency Trust Fund. If an electric utility
or alternative retail electric supplier does not remit its pro
rata share to the Department of Revenue, the Department of
Revenue must inform the Illinois Commerce Commission of such
failure. The Illinois Commerce Commission may then revoke the
certification of that electric utility or alternative retail
electric supplier. The Illinois Commerce Commission may not
renew the certification of any electric utility or alternative
retail electric supplier that is delinquent in paying its pro
rata share.
(b) The Agency Department of Commerce and Economic

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Opportunity shall disburse the moneys in the Energy Efficiency
Trust Fund to benefit residential electric customers through
projects which the Agency Department of Commerce and Economic
Opportunity has determined will promote energy efficiency in
the State of Illinois. The Agency may Department of Commerce
and Economic Opportunity shall establish a list of projects
eligible for grants from the Energy Efficiency Trust Fund
including, but not limited to, supporting energy efficiency
efforts for low-income households, replacing energy
inefficient windows with more efficient windows, replacing
energy inefficient appliances with more efficient appliances,
replacing energy inefficient lighting with more efficient
lighting, insulating dwellings and buildings, using market
incentives to encourage energy efficiency, and such other
projects which will increase energy efficiency in homes and
rental properties.
(c) The Agency may, by administrative rule, Department of
Commerce and Economic Opportunity shall establish criteria and
an application process for this grant program.
(d) (Blank). The Department of Commerce and Economic
Opportunity shall conduct a study of other possible energy
efficiency improvements and evaluate methods for promoting
energy efficiency and conservation, especially for the benefit
of low-income customers.
(e) (Blank). The Department of Commerce and Economic
Opportunity shall submit an annual report to the General

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Assembly evaluating the effectiveness of the projects and
programs provided in this Section, and recommending further
legislation which will encourage additional development and
implementation of energy efficiency projects and programs in
Illinois and other actions that help to meet the goals of this
Section.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 910. The Illinois Renewable Fuels Development
Program Act is amended by changing Sections 5, 10, 15, 25, and
30 as follows:
(20 ILCS 689/5)
Sec. 5. Findings and State policy. The General Assembly
recognizes that agriculture is a vital sector of the Illinois
economy and that an important growth industry for the Illinois
agricultural sector is renewable fuels production. Renewable
fuels produced from Illinois agricultural products hold great
potential for growing the State's economy, reducing our
dependence on foreign oil supplies, and improving the
environment by reducing harmful emissions from vehicles.
Illinois is the nation's leading producer of ethanol, a clean,
renewable fuel with significant environmental benefits. The
General Assembly finds that reliable supplies of renewable
fuels will be integral to the long term energy security of the
United States. The General Assembly declares that it is the

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public policy of the State of Illinois to promote and encourage
the production and use of renewable fuels as a means not only
to improve air quality in the State and the nation, but also to
grow the agricultural sector of the Illinois economy. To
achieve these public policy objectives, the General Assembly
hereby authorizes the creation and implementation of the
Illinois Renewable Fuels Development Program within the Agency
Department.
(Source: P.A. 93-15, eff. 6-11-03.)
(20 ILCS 689/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Environmental Protection Agency.
"Biodiesel" means a renewable diesel fuel derived from
biomass that is intended for use in diesel engines.
"Biodiesel blend" means a blend of biodiesel with
petroleum-based diesel fuel in which the resultant product
contains no less than 1% and no more than 99% biodiesel.
"Biomass" means non-fossil organic materials that have an
intrinsic chemical energy content. "Biomass" includes, but is
not limited to, soybean oil, other vegetable oils, and ethanol.
"Department" means the Department of Commerce and Economic
Opportunity.
"Diesel fuel" means any product intended for use or offered
for sale as a fuel for engines in which the fuel is injected
into the combustion chamber and ignited by pressure without

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electric spark.
"Director" means the Director of the Agency Commerce and
Economic Opportunity.
"Ethanol" means a product produced from agricultural
commodities or by-products used as a fuel or to be blended with
other fuels for use in motor vehicles.
"Fuel" means fuel as defined in Section 1.19 of the Motor
Fuel Tax Law.
"Gasohol" means motor fuel that is no more than 90%
gasoline and at least 10% denatured ethanol that contains no
more than 1.25% water by weight.
"Gasoline" means all products commonly or commercially
known or sold as gasoline (including casing head and absorption
or natural gasoline).
"Illinois agricultural product" means any agricultural
commodity grown in Illinois that is used by a production
facility to produce renewable fuel in Illinois, including, but
not limited to, corn, barley, and soy beans.
"Labor Organization" means any organization defined as a
"labor organization" under Section 2 of the National Labor
Relations Act (29 U.S.C. 152).
"Majority blended ethanol fuel" means motor fuel that
contains no less than 70% and no more than 90% denatured
ethanol and no less than 10% and no more than 30% gasoline.
"Motor vehicles" means motor vehicles as defined in the
Illinois Vehicle Code and watercraft propelled by an internal

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combustion engine.
"Owner" means any individual, sole proprietorship, limited
partnership, co-partnership, joint venture, corporation,
cooperative, or other legal entity, including its agents, that
operates or will operate a plant located within the State of
Illinois.
"Plant" means a production facility that produces a
renewable fuel. "Plant" includes land, any building or other
improvement on or to land, and any personal properties deemed
necessary or suitable for use, whether or not now in existence,
in the processing of fuel from agricultural commodities or
by-products.
"Renewable fuel" means ethanol, gasohol, majority blended
ethanol fuel, biodiesel blend fuel, and biodiesel.
(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03;
94-793, eff. 5-19-06.)
(20 ILCS 689/15)
Sec. 15. Illinois Renewable Fuels Development Program.
(a) The Agency may Department must develop and administer
the Illinois Renewable Fuels Development Program to assist in
the construction, modification, alteration, or retrofitting of
renewable fuel plants in Illinois. The recipient of a grant
under this Section must:
(1) be constructing, modifying, altering, or
retrofitting a plant in the State of Illinois;

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(2) be constructing, modifying, altering, or
retrofitting a plant that has annual production capacity of
no less than 5,000,000 gallons of renewable fuel per year;
and
(3) enter into a project labor agreement as prescribed
by Section 25 of this Act.
(b) Grant applications must be made on forms provided by
and in accordance with procedures established by the Agency
Department.
(c) The Agency Department must give preference to
applicants that use Illinois agricultural products in the
production of renewable fuel at the plant for which the grant
is being requested.
(Source: P.A. 96-140, eff. 1-1-10.)
(20 ILCS 689/25)
Sec. 25. Project labor agreements.
(a) The project labor agreement must include the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee; and
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees.
The owner of the plant and the labor organizations shall have

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the authority to include other terms and conditions as they
deem necessary.
(b) The project labor agreement shall be filed with the
Director in accordance with procedures established by the
Agency Department. At a minimum, the project labor agreement
must provide the names, addresses, and occupations of the owner
of the plant and the individuals representing the labor
organization employees participating in the project labor
agreement. The agreement must also specify the terms and
conditions required in subsection (a).
(Source: P.A. 93-15, eff. 6-11-03.)
(20 ILCS 689/30)
Sec. 30. Administration of the Act; rules. The Agency may
Department shall administer this Act and shall adopt any rules
necessary for that purpose.
(Source: P.A. 93-15, eff. 6-11-03.)
Section 915. The Energy Conservation and Coal Development
Act is amended by changing Sections 1 and 3 as follows:
(20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
Sec. 1. Definitions; transfer of duties.
(a) For the purposes of this Act, unless the context
otherwise requires:
"Department" means the Department of Commerce and

SB3069 - 25 - LRB100 18001 MJP 33188 b
Economic Opportunity.
"Director" means the Director of Commerce and Economic
Opportunity.
(b) As provided in Section 80-20 of the Department of
Natural Resources Act, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity)
shall assume the rights, powers, and duties of the former
Department of Energy and Natural Resources under this Act,
except as those rights, powers, and duties are otherwise
allocated or transferred by this amendatory Act of the 100th
General Assembly or any other law.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
Sec. 3. Powers and duties.
(a) In addition to its other powers, the Environmental
Protection Agency Department has the following powers:
(1) To administer for the State any energy programs and
activities under federal law, regulations or guidelines,
and to coordinate such programs and activities with other
State agencies, units of local government, and educational
institutions.
(2) To represent the State in energy matters involving
the federal government, other states, units of local
government, and regional agencies.
(3) To prepare energy assurance contingency plans for

SB3069 - 26 - LRB100 18001 MJP 33188 b
consideration by the Governor and the General Assembly.
Such plans may shall include procedures for determining
when a foreseeable danger exists of energy shortages,
including shortages of petroleum, coal, nuclear power,
natural gas, and other forms of energy, and may shall
specify the actions to be taken to minimize hardship and
maintain the general welfare during such energy shortages.
(4) To cooperate with State colleges and universities
and their governing boards in energy programs and
activities.
(5) (Blank).
(6) To accept, receive, expend, and administer,
including by contracts and grants to other State agencies,
any energy-related gifts, grants, cooperative agreement
funds, and other funds made available to the Agency
Department by the federal government and other public and
private sources, as well as any of those funds made
available to the Department before the effective date of
this amendatory Act of the 100th General Assembly.
(7) To assist the Department of Central Management
Services in establishing and maintaining a system to
analyze and report energy consumption of facilities leased
by the Department of Central Management Services.
(a-5) In addition to its other powers, the Department has
the following powers:
(1) (7) To investigate practical problems, seek and

SB3069 - 27 - LRB100 18001 MJP 33188 b
utilize financial assistance, implement studies and
conduct research relating to the production, distribution
and use of alcohol fuels.
(2) (8) To serve as a clearinghouse for information on
alcohol production technology; provide assistance,
information and data relating to the production and use of
alcohol; develop informational packets and brochures, and
hold public seminars to encourage the development and
utilization of the best available technology.
(3) (9) To coordinate with other State agencies in
order to promote the maximum flow of information and to
avoid unnecessary overlapping of alcohol fuel programs. In
order to effectuate this goal, the Director of the
Department or his representative shall consult with the
Directors, or their representatives, of the Departments of
Agriculture, Central Management Services, Transportation,
and Revenue, the Office of the State Fire Marshal, and the
Environmental Protection Agency.
(4) (10) To operate, within the Department, an Office
of Coal Development and Marketing for the promotion and
marketing of Illinois coal both domestically and
internationally. The Department may use monies
appropriated for this purpose for necessary administrative
expenses.
The Office of Coal Development and Marketing shall
develop and implement an initiative to assist the coal

SB3069 - 28 - LRB100 18001 MJP 33188 b
industry in Illinois to increase its share of the
international coal market.
(5) (11) To assist the Department of Central Management
Services in establishing and maintaining a system to
analyze and report energy consumption of facilities leased
by the Department of Central Management Services.
(6) (12) To consult with the Department Departments of
Natural Resources and Transportation and the Illinois
Environmental Protection Agency for the purpose of
developing methods and standards that encourage the
utilization of coal combustion by-products as value added
products in productive and benign applications.
(7) (13) To provide technical assistance and
information to sellers and distributors of storage hot
water heaters doing business in Illinois, pursuant to
Section 1 of the Hot Water Heater Efficiency Act.
(b) (Blank).
(c) (Blank).
(d) The Agency Department shall develop a package of
educational materials containing information regarding the
necessity of waste reduction and recycling to reduce dependence
on landfills and to maintain environmental quality. The Agency
Department shall make this information available to the public
on its website and for schools to access for their development
of materials. Those materials shall be suitable for
instructional use in grades 3, 4 and 5.

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(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
Section 920. The Energy Conservation Act is amended by
changing Section 4 as follows:
(20 ILCS 1115/4) (from Ch. 96 1/2, par. 7604)
Sec. 4. Technical Assistance Programs.
(a) The Environmental Protection Agency may Department of
Commerce and Economic Opportunity shall provide to a unit of
local government, upon request by the unit, technical
assistance in the development of energy efficiency standards,
including, but not limited to, thermal efficiency standards and
lighting efficiency standards to units of local government,
upon request by such unit.
(b) (Blank). The Department shall provide technical
assistance in the development of a program for energy
efficiency in procurement to units of local government, upon
request by such unit.
(c) The Technical Assistance Programs provided in this
Section shall be supported by funds provided to the State
pursuant to the federal "Energy Policy and Conservation Act of

SB3069 - 30 - LRB100 18001 MJP 33188 b
1975" or other federal acts that provide funds for energy
conservation efforts through the use of building codes.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 1115/5 rep.)
Section 925. The Energy Conservation Act is amended by
repealing Section 5.
Section 930. The Energy Efficient Building Act is amended
by changing Sections 10, 15, 25, and 30 as follows:
(20 ILCS 3125/10)
Sec. 10. Definitions.
"Agency" means the Environmental Protection Agency.
"Board" means the Capital Development Board.
"Building" includes both residential buildings and
commercial buildings.
"Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, excluding published supplements
but including the amendments and adaptations to the Code that
are made by the Board.
"Commercial building" means any building except a building
that is a residential building, as defined in this Section.
"Department" means the Department of Commerce and Economic
Opportunity.

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"Municipality" means any city, village, or incorporated
town.
"Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more, the
term "residential building" means a building containing one or
more dwelling units, not exceeding 4 stories above grade, where
occupants are primarily permanent.
(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
(20 ILCS 3125/15)
Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Agency Department, shall adopt the Code
as minimum requirements for commercial buildings, applying to
the construction of, renovations to, and additions to all
commercial buildings in the State. The Board, in consultation
with the Agency Department, shall also adopt the Code as the
minimum and maximum requirements for residential buildings,
applying to the construction of all residential buildings in
the State, except as provided for in Section 45 of this Act.

SB3069 - 32 - LRB100 18001 MJP 33188 b
The Board may appropriately adapt the International Energy
Conservation Code to apply to the particular economy,
population distribution, geography, and climate of the State
and construction therein, consistent with the public policy
objectives of this Act.
(Source: P.A. 96-778, eff. 8-28-09.)
(20 ILCS 3125/25)
Sec. 25. Technical assistance.
(a) The Agency Department shall make available to builders,
designers, engineers, and architects implementation materials
and training to explain the requirements of the Code and
describe methods of compliance acceptable to Code Enforcement
Officials.
(b) The materials shall include software tools, simplified
prescriptive options, and other materials as appropriate. The
simplified materials shall be designed for projects in which a
design professional may not be involved.
(c) The Agency Department shall provide local
jurisdictions with technical assistance concerning
implementation and enforcement of the Code.
(Source: P.A. 97-1033, eff. 8-17-12.)
(20 ILCS 3125/30)
Sec. 30. Enforcement. The Board, in consultation with the
Agency Department, shall determine procedures for compliance

SB3069 - 33 - LRB100 18001 MJP 33188 b
with the Code. These procedures may include but need not be
limited to certification by a national, State, or local
accredited energy conservation program or inspections from
private Code-certified inspectors using the Code.
(Source: P.A. 93-936, eff. 8-13-04.)
Section 935. The Green Governments Illinois Act is amended
by changing Section 20 as follows:
(20 ILCS 3954/20)
Sec. 20. Responsibilities of the Council. The Council is
responsible for the development and dissemination of programs,
plans, and policies to reduce the environmental footprint of
State government and for improving the implementation of
greening the government initiatives in other institutions,
thereby reducing costs to taxpayers and improving efficiency in
operations. The Council shall convene on a quarterly basis and
shall be responsible for the following:
(a) Establishing long-term environmental
sustainability goals that the State will strive to achieve
within a period of 3, 5, and 10 years to improve the energy
and environmental performance of State buildings,
consistent with efficiency and economic objectives. These
goals shall, at a minimum, include the following:
broad-based performance goals for energy efficiency; use
of renewable fuels; water conservation; green purchasing;

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paper consumption; and solid waste generation. These goals
can be met through increased efficiency, operational
changes, and improved maintenance and use of
cost-effective alternative technologies, raw materials,
and fuels.
The Council shall:
(1) communicate the environmental sustainability
goals to all State agencies;
(2) establish an electronic system to track and
report on environmental progress;
(3) monitor improvement activities; and
(4) propose new goals as appropriate.
(b) Coordinating an awards program that recognizes
units of State and local government and educational
institutions for developing, adopting, and implementing
innovative or exemplary environmental sustainability plans
in conformance with this Act.
(c) Creating specific guidance materials for State
agencies, educational institutions, and units of local
government on how to integrate environmental
sustainability into existing management systems, planning,
and operational practices, while still providing necessary
services and ensuring efficient and effective operations.
These guidance materials must include a list of
environmental and energy best practices, case studies,
policy language, model plans, and other resource

SB3069 - 35 - LRB100 18001 MJP 33188 b
information. These materials must be made available on a
website devoted to the Green Governments Illinois program.
(d) Developing and implementing, to the extent
fiscally feasible, training programs designed to instill
the importance and value of environmental sustainability.
(e) Providing new ways for State government to build
markets for environmentally preferable products and
services without compromising price, competition, and
availability. The Council shall initially focus on
integrated pest management, bio-based products, recycled
content paper, energy efficiency, renewable energy,
alternative fuel vehicles, and green cleaning supplies.
Within existing resources, and within 60 days after the
effective date of this amendatory Act of the 96th General
Assembly, the Department of Central Management Services,
with the approval of the council, shall designate a single
point of contact for State agencies, suppliers, and other
interested parties to contact regarding environmentally
preferable purchasing issues.
(f) Working collaboratively with State agencies, units
of local government, educational institutions, and the
legislative branches of government to promote
benchmarking, commissioning, and retro-commissioning to
make government and institutional buildings more
resource-efficient, energy efficient, and healthful public
places.

SB3069 - 36 - LRB100 18001 MJP 33188 b
(g) Reviewing budgetary policy and making
recommendations to the Governor on incentives for State
agencies to undertake environmental improvements that
result in long-term cost-savings, productivity
enhancements, or other outcomes deemed appropriate to the
State's sustainability goals.
(h) Reporting annually to the Governor and the General
Assembly on the results of environmental sustainability
actions taken by State agencies, educational institutions
and units of local government during the prior fiscal year.
The report must include the environmental and economic
benefits of the environmental sustainability actions,
where feasible, the consumption of those actions, and
provide recommendations for future environmental
improvement activities during the following year. The
report shall be filed by September 1, 2008, and November 1
of each subsequent year.
(h-5) Participating in the proposal review and
subgrant award processes conducted by the Environmental
Protection Agency Department of Commerce and Economic
Opportunity to distribute the portion of funds eligible for
State government use under the federal Energy Independence
and Security Act of 2007, H.R. 6, Title V, Subtitle E
(Energy Efficiency and Conservation Block Grants). A
designee of the Governor shall also participate in these
processes, and no subgrant may be awarded unless the

SB3069 - 37 - LRB100 18001 MJP 33188 b
Governor's designee first approves that subgrant.
(i) The chairman of the Council shall determine whether
or not the I-Cycle program is operating effectively and
make recommendations concerning management of the I-Cycle
program. The chairman has the authority to dissolve the
I-Cycle program if the program is found to be ineffective.
(Source: P.A. 95-657, eff. 10-10-07; 96-74, eff. 7-24-09.)
Section 940. The School Code is amended by changing
Sections 10-20.19c and 34-18.15 as follows:
(105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
Sec. 10-20.19c. Recycled paper and paper products and solid
waste management.
(a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
"Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
"Paper and paper products" means high grade printing and

SB3069 - 38 - LRB100 18001 MJP 33188 b
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
"Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
"Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt rolls,
and mill wrappers, obsolete inventories, and rejected unused
stock. "Recovered paper material", however, does not include
fibrous waste generated during the manufacturing process such
as fibers recovered from waste water or trimmings of paper
machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest
residues such as bark.
"Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
"Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber
storage boxes.

SB3069 - 39 - LRB100 18001 MJP 33188 b
(a-5) Each school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or supply,
if economically and practically feasible.
(b) Wherever economically and practically feasible, as
determined by the school board, the school board, all public
schools and attendance centers within a school district, and
their school supply stores shall procure recycled paper and
paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total
dollar value of paper and paper products purchased by
school boards, public schools and attendance centers, and
their school supply stores shall be recycled paper and
paper products.
(2) Beginning July 1, 2011, at least 25% of the total
dollar value of paper and paper products purchased by
school boards, public schools and attendance centers, and

SB3069 - 40 - LRB100 18001 MJP 33188 b
their school supply stores shall be recycled paper and
paper products.
(3) Beginning July 1, 2014, at least 50% of the total
dollar value of paper and paper products purchased by
school boards, public schools and attendance centers, and
their school supply stores shall be recycled paper and
paper products.
(4) Beginning July 1, 2020, at least 75% of the total
dollar value of paper and paper products purchased by
school boards, public schools and attendance centers, and
their school supply stores shall be recycled paper and
paper products.
(5) Beginning upon the effective date of this
amendatory Act of 1992, all paper purchased by the board of
education, public schools and attendance centers for
publication of student newspapers shall be recycled
newsprint. The amount purchased shall not be included in
calculating the amounts specified in paragraphs (1)
through (4).
(c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered paper
and paper products for the purposes of subsection (b), unless
purchased under contract for the printing of student
newspapers.
(d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection (b)

SB3069 - 41 - LRB100 18001 MJP 33188 b
shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
(i) Recycled high grade printing and writing paper
shall contain at least 50% recovered paper material. Such
recovered paper material, until July 1, 2008, shall consist
of at least 20% deinked stock or postconsumer material; and
beginning July 1, 2008, shall consist of at least 25%
deinked stock or postconsumer material; and beginning July
1, 2010, shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 2012, shall
consist of at least 40% deinked stock or postconsumer
material; and beginning July 1, 2014, shall consist of at
least 50% deinked stock or postconsumer material.
(ii) Recycled tissue products, until July 1, 1994,
shall contain at least 25% postconsumer material; and
beginning July 1, 1994, shall contain at least 30%
postconsumer material; and beginning July 1, 1996, shall
contain at least 35% postconsumer material; and beginning
July 1, 1998, shall contain at least 40% postconsumer
material; and beginning July 1, 2000, shall contain at
least 45% postconsumer material.
(iii) Recycled newsprint, until July 1, 1994, shall
contain at least 40% postconsumer material; and beginning
July 1, 1994, shall contain at least 50% postconsumer
material; and beginning July 1, 1996, shall contain at
least 60% postconsumer material; and beginning July 1,

SB3069 - 42 - LRB100 18001 MJP 33188 b
1998, shall contain at least 70% postconsumer material; and
beginning July 1, 2000, shall contain at least 80%
postconsumer material.
(iv) Recycled unbleached packaging, until July 1,
1994, shall contain at least 35% postconsumer material; and
beginning July 1, 1994, shall contain at least 40%
postconsumer material; and beginning July 1, 1996, shall
contain at least 45% postconsumer material; and beginning
July 1, 1998, shall contain at least 50% postconsumer
material; and beginning July 1, 2000, shall contain at
least 55% postconsumer material.
(v) Recycled paperboard, until July 1, 1994, shall
contain at least 80% postconsumer material; and beginning
July 1, 1994, shall contain at least 85% postconsumer
material; and beginning July 1, 1996, shall contain at
least 90% postconsumer material; and beginning July 1,
1998, shall contain at least 95% postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:
(i) paper, paperboard, and fibrous waste from
retail stores, office buildings, homes and so forth,
after the waste has passed through its end usage as a
consumer item, including used corrugated boxes, old
newspapers, mixed waste paper, tabulating cards, and
used cordage; and
(ii) all paper, paperboard, and fibrous wastes

SB3069 - 43 - LRB100 18001 MJP 33188 b
that are diverted or separated from the municipal waste
stream.
(3) For the purposes of this Section, "recovered paper
material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that is,
those manufacturing operations up to and including the
cutting and trimming of the paper machine reel into
smaller rolls or rough sheets), including envelope
cuttings, bindery trimmings, and other paper and
paperboard waste resulting from printing, cutting,
forming and other converting operations, or from bag,
box and carton manufacturing, and butt rolls, mill
wrappers, and rejected unused stock; and
(iii) finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers,
merchants, wholesalers, dealers, printers, converters
or others.
(e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by any school board or any public school or
attendance center within a school district, or which are sold
in any school supply store operated by or within any such
school or attendance center, other than newspapers written,

SB3069 - 44 - LRB100 18001 MJP 33188 b
edited or produced by students enrolled in the school district,
public school or attendance center.
(e-5) Each school district shall periodically review its
procedures on solid waste reduction regarding the management of
solid waste generated by academic, administrative, and other
institutional functions. Those waste reduction procedures must
be designed to, when economically and practically feasible,
recycle the school district's waste stream, including without
limitation landscape waste, computer paper, and white office
paper. School districts are encouraged to have procedures that
provide for the investigation of potential markets for other
recyclable materials that are present in the school district's
waste stream. The waste reduction procedures must be designed
to achieve, before July 1, 2020, at least a 50% reduction in
the amount of solid waste that is generated by the school
district.
(f) The State Board of Education, in coordination with the
Department Departments of Central Management Services and
Commerce and Economic Opportunity, may adopt such rules and
regulations as it deems necessary to assist districts in
carrying out the provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
(105 ILCS 5/34-18.15) (from Ch. 122, par. 34-18.15)
Sec. 34-18.15. Recycled paper and paper products and solid
waste management.

SB3069 - 45 - LRB100 18001 MJP 33188 b
(a) Definitions. As used in this Section, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
"Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
tablet paper, office paper, note pads, xerographic paper,
envelopes, form bond including computer paper and carbonless
forms, book papers, bond papers, ledger paper, book stock and
cotton fiber papers.
"Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
"Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during the production of an
end product are excluded.
"Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt rolls,
and mill wrappers, obsolete inventories, and rejected unused
stock. "Recovered paper material", however, does not include
fibrous waste generated during the manufacturing process as

SB3069 - 46 - LRB100 18001 MJP 33188 b
fibers recovered from waste water or trimmings of paper machine
rolls (mill broke), or fibrous byproducts of harvesting,
extraction or woodcutting processes, or forest residues such as
bark.
"Recycled paperboard" includes paperboard products,
folding cartons and pad backings.
"Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers. These products shall also
be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber
storage boxes.
(a-5) The school district shall periodically review its
procurement procedures and specifications related to the
purchase of products and supplies. Those procedures and
specifications must be modified as necessary to require the
school district to seek out products and supplies that contain
recycled materials and to ensure that purchased products and
supplies are reusable, durable, or made from recycled
materials, if economically and practically feasible. In
selecting products and supplies that contain recycled
material, preference must be given to products and supplies
that contain the highest amount of recycled material and that
are consistent with the effective use of the product or supply,
if economically and practically feasible.
(b) Wherever economically and practically feasible, as

SB3069 - 47 - LRB100 18001 MJP 33188 b
determined by the board of education, the board of education,
all public schools and attendance centers within the school
district, and their school supply stores shall procure recycled
paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total
dollar value of paper and paper products purchased by the
board of education, public schools and attendance centers,
and their school supply stores shall be recycled paper and
paper products.
(2) Beginning July 1, 2011, at least 25% of the total
dollar value of paper and paper products purchased by the
board of education, public schools and attendance centers,
and their school supply stores shall be recycled paper and
paper products.
(3) Beginning July 1, 2014, at least 50% of the total
dollar value of paper and paper products purchased by the
board of education, public schools and attendance centers,
and their school supply stores shall be recycled paper and
paper products.
(4) Beginning July 1, 2020, at least 75% of the total
dollar value of paper and paper products purchased by the
board of education, public schools and attendance centers,
and their school supply stores shall be recycled paper and
paper products.
(5) Beginning upon the effective date of this
amendatory Act of 1992, all paper purchased by the board of

SB3069 - 48 - LRB100 18001 MJP 33188 b
education, public schools and attendance centers for
publication of student newspapers shall be recycled
newsprint. The amount purchased shall not be included in
calculating the amounts specified in paragraphs (1)
through (4).
(c) Paper and paper products purchased from private sector
vendors pursuant to printing contracts are not considered paper
and paper products for the purposes of subsection (b), unless
purchased under contract for the printing of student
newspapers.
(d)(1) Wherever economically and practically feasible, the
recycled paper and paper products referred to in subsection (b)
shall contain postconsumer or recovered paper materials as
specified by paper category in this subsection:
(i) Recycled high grade printing and writing paper
shall contain at least 50% recovered paper material. Such
recovered paper material, until July 1, 2008, shall consist
of at least 20% deinked stock or postconsumer material; and
beginning July 1, 2008, shall consist of at least 25%
deinked stock or postconsumer material; and beginning July
1, 2010, shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 2012, shall
consist of at least 40% deinked stock or postconsumer
material; and beginning July 1, 2014, shall consist of at
least 50% deinked stock or postconsumer material.
(ii) Recycled tissue products, until July 1, 1994,

SB3069 - 49 - LRB100 18001 MJP 33188 b
shall contain at least 25% postconsumer material; and
beginning July 1, 1994, shall contain at least 30%
postconsumer material; and beginning July 1, 1996, shall
contain at least 35% postconsumer material; and beginning
July 1, 1998, shall contain at least 40% postconsumer
material; and beginning July 1, 2000, shall contain at
least 45% postconsumer material.
(iii) Recycled newsprint, until July 1, 1994, shall
contain at least 40% postconsumer material; and beginning
July 1, 1994, shall contain at least 50% postconsumer
material; and beginning July 1, 1996, shall contain at
least 60% postconsumer material; and beginning July 1,
1998, shall contain at least 70% postconsumer material; and
beginning July 1, 2000, shall contain at least 80%
postconsumer material.
(iv) Recycled unbleached packaging, until July 1,
1994, shall contain at least 35% postconsumer material; and
beginning July 1, 1994, shall contain at least 40%
postconsumer material; and beginning July 1, 1996, shall
contain at least 45% postconsumer material; and beginning
July 1, 1998, shall contain at least 50% postconsumer
material; and beginning July 1, 2000, shall contain at
least 55% postconsumer material.
(v) Recycled paperboard, until July 1, 1994, shall
contain at least 80% postconsumer material; and beginning
July 1, 1994, shall contain at least 85% postconsumer

SB3069 - 50 - LRB100 18001 MJP 33188 b
material; and beginning July 1, 1996, shall contain at
least 90% postconsumer material; and beginning July 1,
1998, shall contain at least 95% postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:
(i) paper, paperboard, and fibrous waste from
retail stores, office buildings, homes and so forth,
after the waste has passed through its end usage as a
consumer item, including used corrugated boxes, old
newspapers, mixed waste paper, tabulating cards, and
used cordage; and
(ii) all paper, paperboard, and fibrous wastes
that are diverted or separated from the municipal waste
stream.
(3) For the purpose of this Section, "recovered paper
material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that is,
those manufacturing operations up to and including the
cutting and trimming of the paper machine reel into
smaller rolls or rough sheets), including envelope
cuttings, bindery trimmings, and other paper and
paperboard waste resulting from printing, cutting,
forming and other converting operations, or from bag,
box and carton manufacturing, and butt rolls, mill

SB3069 - 51 - LRB100 18001 MJP 33188 b
wrappers, and rejected unused stock; and
(iii) finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers,
merchants, wholesalers, dealers, printers, converters
or others.
(e) Nothing in this Section shall be deemed to apply to art
materials, nor to any newspapers, magazines, text books,
library books or other copyrighted publications which are
purchased or used by the board of education or any public
school or attendance center within the school district, or
which are sold in any school supply store operated by or within
any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school
district, public school or attendance center.
(e-5) The school district shall periodically review its
procedures on solid waste reduction regarding the management of
solid waste generated by academic, administrative, and other
institutional functions. Those waste reduction procedures must
be designed to, when economically and practically feasible,
recycle the school district's waste stream, including without
limitation landscape waste, computer paper, and white office
paper. The school district is encouraged to have procedures
that provide for the investigation of potential markets for
other recyclable materials that are present in the school
district's waste stream. The waste reduction procedures must be
designed to achieve, before July 1, 2020, at least a 50%

SB3069 - 52 - LRB100 18001 MJP 33188 b
reduction in the amount of solid waste that is generated by the
school district.
(f) The State Board of Education, in coordination with the
Department Departments of Central Management Services and
Commerce and Economic Opportunity, may adopt such rules and
regulations as it deems necessary to assist districts in
carrying out the provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
Section 945. The Environmental Protection Act is amended by
changing Sections 21.6, 22.15, 22.16b, 22.23, 55.3, 55.7,
58.14a, and 58.15 as follows:
(415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
Sec. 21.6. Materials disposal ban.
(a) Beginning July 1, 1996, no person may knowingly mix
liquid used oil with any municipal waste that is intended for
collection and disposal at a landfill.
(b) Beginning July 1, 1996, no owner or operator of a
sanitary landfill shall accept for final disposal liquid used
oil that is discernible in the course of prudent business
operation.
(c) For purposes of this Section, "liquid used oil" does
not include used oil filters, rags, absorbent material used to
collect spilled oil or other materials incidentally
contaminated with used oil, or empty containers which

SB3069 - 53 - LRB100 18001 MJP 33188 b
previously contained virgin oil, re-refined oil, or used oil.
(d) The Agency and the Department of Commerce and Economic
Opportunity shall investigate the manner in which liquid used
oil is currently being utilized and potential prospects for
future use.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433 this amendatory Act of the 100th General Assembly.
Moneys received by either the Agency or the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary

SB3069 - 54 - LRB100 18001 MJP 33188 b
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.

SB3069 - 55 - LRB100 18001 MJP 33188 b
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid

SB3069 - 56 - LRB100 18001 MJP 33188 b
Waste Management Act, including for the costs of fee collection
and administration, and for the administration of (1) the
Consumer Electronics Recycling Act and (2) until January 1,
2020, the Electronic Products Recycling and Reuse Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to conduct household waste
collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including

SB3069 - 57 - LRB100 18001 MJP 33188 b
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste

SB3069 - 58 - LRB100 18001 MJP 33188 b
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the

SB3069 - 59 - LRB100 18001 MJP 33188 b
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and

SB3069 - 60 - LRB100 18001 MJP 33188 b
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) waste Waste which is hazardous waste; or
(2) waste Waste which is pollution control waste; or
(3) waste Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) non-hazardous Non-hazardous solid waste that is
received at a sanitary landfill and composted or recycled
through a process permitted by the Agency; or
(5) any Any landfill which is permitted by the Agency

SB3069 - 61 - LRB100 18001 MJP 33188 b
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
revised 9-29-17.)
(415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
shall assess and collect a fee from the owner or operator of
each new municipal waste incinerator. The fee shall be
calculated by applying the rates established from time to time
for the disposal of solid waste at sanitary landfills under
subdivision (b)(1) of Section 22.15 to the total amount of
municipal waste accepted for incineration at the new municipal
waste incinerator. The exemptions provided by this Act to the
fees imposed under subsection (b) of Section 22.15 shall not
apply to the fee imposed by this Section.
The owner or operator of any new municipal waste
incinerator permitted after January 1, 1990, but before July 1,
1990 by the Agency for the development or operation of a new
municipal waste incinerator shall be exempt from this fee, but
shall include the following conditions:
(1) The owner or operator shall provide information
programs to those communities serviced by the owner or
operator concerning recycling and separation of waste not
suitable for incineration.
(2) The owner or operator shall provide information

SB3069 - 62 - LRB100 18001 MJP 33188 b
programs to those communities serviced by the owner or
operator concerning the Agency's household hazardous waste
collection program and participation in that program.
For the purposes of this Section, "new municipal waste
incinerator" means a municipal waste incinerator initially
permitted for development or construction on or after January
1, 1990.
Amounts collected under this subsection shall be deposited
into the Municipal Waste Incinerator Tax Fund, which is hereby
established as an interest-bearing special fund in the State
Treasury. Monies in the Fund may be used, subject to
appropriation:
(1) by the Agency Department of Commerce and Economic
Opportunity to fund its public information programs on
recycling in those communities served by new municipal
waste incinerators; and
(2) by the Agency to fund its household hazardous waste
collection activities in those communities served by new
municipal waste incinerators.
(b) Any permit issued by the Agency for the development or
operation of a new municipal waste incinerator shall include
the following conditions:
(1) The incinerator must be designed to provide
continuous monitoring while in operation, with direct
transmission of the resultant data to the Agency, until the
Agency determines the best available control technology

SB3069 - 63 - LRB100 18001 MJP 33188 b
for monitoring the data. The Agency shall establish the
test methods, procedures and averaging periods, as
certified by the USEPA for solid waste incinerator units,
and the form and frequency of reports containing results of
the monitoring. Compliance and enforcement shall be based
on such reports. Copies of the results of such monitoring
shall be maintained on file at the facility concerned for
one year, and copies shall be made available for inspection
and copying by interested members of the public during
business hours.
(2) The facility shall comply with the emission limits
adopted by the Agency under subsection (c).
(3) The operator of the facility shall take reasonable
measures to ensure that waste accepted for incineration
complies with all legal requirements for incineration. The
incinerator operator shall establish contractual
requirements or other notification and inspection
procedures sufficient to assure compliance with this
subsection (b)(3) which may include, but not be limited to,
routine inspections of waste, lists of acceptable and
unacceptable waste provided to haulers and notification to
the Agency when the facility operator rejects and sends
loads away. The notification shall contain at least the
name of the hauler and the site from where the load was
hauled.
(4) The operator may not accept for incineration any

SB3069 - 64 - LRB100 18001 MJP 33188 b
waste generated or collected in a municipality that has not
implemented a recycling plan or is party to an implemented
county plan, consistent with State goals and objectives.
Such plans shall include provisions for collecting,
recycling or diverting from landfills and municipal
incinerators landscape waste, household hazardous waste
and batteries. Such provisions may be performed at the site
of the new municipal incinerator.
The Agency, after careful scrutiny of a permit application
for the construction, development or operation of a new
municipal waste incinerator, shall deny the permit if (i) the
Agency finds in the permit application noncompliance with the
laws and rules of the State or (ii) the application indicates
that the mandated air emissions standards will not be reached
within six months of the proposed municipal waste incinerator
beginning operation.
(c) The Agency shall adopt specific limitations on the
emission of mercury, chromium, cadmium and lead, and good
combustion practices, including temperature controls from
municipal waste incinerators pursuant to Section 9.4 of the
Act.
(d) The Agency shall establish household hazardous waste
collection centers in appropriate places in this State. The
Agency may operate and maintain the centers itself or may
contract with other parties for that purpose. The Agency shall
ensure that the wastes collected are properly disposed of. The

SB3069 - 65 - LRB100 18001 MJP 33188 b
collection centers may charge fees for their services, not to
exceed the costs incurred. Such collection centers shall not
(i) be regulated as hazardous waste facilities under RCRA nor
(ii) be subject to local siting approval under Section 39.2 if
the local governing authority agrees to waive local siting
approval procedures.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
Sec. 22.23. Batteries.
(a) Beginning September 1, 1990, any person selling
lead-acid batteries at retail or offering lead-acid batteries
for retail sale in this State shall:
(1) accept for recycling used lead-acid batteries from
customers, at the point of transfer, in a quantity equal to
the number of new batteries purchased; and
(2) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the universal
recycling symbol and the following statements: "DO NOT put
motor vehicle batteries in the trash."; "Recycle your used
batteries."; and "State law requires us to accept motor
vehicle batteries for recycling, in exchange for new
batteries purchased.".
(b) Any person selling lead-acid batteries at retail in
this State may either charge a recycling fee on each new
lead-acid battery sold for which the customer does not return a

SB3069 - 66 - LRB100 18001 MJP 33188 b
used battery to the retailer, or provide a recycling credit to
each customer who returns a used battery for recycling at the
time of purchasing a new one.
(c) Beginning September 1, 1990, no lead-acid battery
retailer may dispose of a used lead-acid battery except by
delivering it (1) to a battery wholesaler or its agent, (2) to
a battery manufacturer, (3) to a collection or recycling
facility, or (4) to a secondary lead smelter permitted by
either a state or federal environmental agency.
(d) Any person selling lead-acid batteries at wholesale or
offering lead-acid batteries for sale at wholesale shall accept
for recycling used lead-acid batteries from customers, at the
point of transfer, in a quantity equal to the number of new
batteries purchased. Such used batteries shall be disposed of
as provided in subsection (c).
(e) A person who accepts used lead-acid batteries for
recycling pursuant to subsection (a) or (d) shall not allow
such batteries to accumulate for periods of more than 90 days.
(f) Beginning September 1, 1990, no person may knowingly
cause or allow:
(1) the placing of a lead-acid battery into any
container intended for collection and disposal at a
municipal waste sanitary landfill; or
(2) the disposal of any lead-acid battery in any
municipal waste sanitary landfill or incinerator.
(g) The Agency Department of Commerce and Economic

SB3069 - 67 - LRB100 18001 MJP 33188 b
Opportunity shall identify and assist in developing
alternative processing and recycling options for used
batteries.
(h) For the purpose of this Section:
"Lead-acid battery" means a battery containing lead and
sulfuric acid that has a nominal voltage of at least 6 volts
and is intended for use in motor vehicles.
"Motor vehicle" includes automobiles, vans, trucks,
tractors, motorcycles and motorboats.
(i) (Blank.)
(j) Knowing violation of this Section shall be a petty
offense punishable by a fine of $100.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/55.3) (from Ch. 111 1/2, par. 1055.3)
Sec. 55.3. (a) Upon finding that an accumulation of used or
waste tires creates an immediate danger to health, the Agency
may take action pursuant to Section 34 of this Act.
(b) Upon making a finding that an accumulation of used or
waste tires creates a hazard posing a threat to public health
or the environment, the Agency may undertake preventive or
corrective action in accordance with this subsection. Such
preventive or corrective action may consist of any or all of
the following:
(1) Treating and handling used or waste tires and other
infested materials within the area for control of

SB3069 - 68 - LRB100 18001 MJP 33188 b
mosquitoes and other disease vectors.
(2) Relocation of ignition sources and any used or
waste tires within the area for control and prevention of
tire fires.
(3) Removal of used and waste tire accumulations from
the area.
(4) Removal of soil and water contamination related to
tire accumulations.
(5) Installation of devices to monitor and control
groundwater and surface water contamination related to
tire accumulations.
(6) Such other actions as may be authorized by Board
regulations.
(c) The Agency may, subject to the availability of
appropriated funds, undertake a consensual removal action for
the removal of up to 1,000 used or waste tires at no cost to the
owner according to the following requirements:
(1) Actions under this subsection shall be taken
pursuant to a written agreement between the Agency and the
owner of the tire accumulation.
(2) The written agreement shall at a minimum specify:
(i) that the owner relinquishes any claim of an
ownership interest in any tires that are removed, or in
any proceeds from their sale;
(ii) that tires will no longer be allowed to be
accumulated at the site;

SB3069 - 69 - LRB100 18001 MJP 33188 b
(iii) that the owner will hold harmless the Agency
or any employee or contractor utilized by the Agency to
effect the removal, for any damage to property incurred
during the course of action under this subsection,
except for gross negligence or intentional misconduct;
and
(iv) any conditions upon or assistance required
from the owner to assure that the tires are so located
or arranged as to facilitate their removal.
(3) The Agency may by rule establish conditions and
priorities for removal of used and waste tires under this
subsection.
(4) The Agency shall prescribe the form of written
agreements under this subsection.
(d) The Agency shall have authority to provide notice to
the owner or operator, or both, of a site where used or waste
tires are located and to the owner or operator, or both, of the
accumulation of tires at the site, whenever the Agency finds
that the used or waste tires pose a threat to public health or
the environment, or that there is no owner or operator
proceeding in accordance with a tire removal agreement approved
under Section 55.4.
The notice provided by the Agency shall include the
identified preventive or corrective action, and shall provide
an opportunity for the owner or operator, or both, to perform
such action.

SB3069 - 70 - LRB100 18001 MJP 33188 b
For sites with more than 250,000 passenger tire
equivalents, following the notice provided for by this
subsection (d), the Agency may enter into a written
reimbursement agreement with the owner or operator of the site.
The agreement shall provide a schedule for the owner or
operator to reimburse the Agency for costs incurred for
preventive or corrective action, which shall not exceed 5 years
in length. An owner or operator making payments under a written
reimbursement agreement pursuant to this subsection (d) shall
not be liable for punitive damages under subsection (h) of this
Section.
(e) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of taking
whatever preventive or corrective action is necessary and
appropriate in accordance with the provisions of this Section,
including but not limited to removal, processing or treatment
of used or waste tires, whenever the Agency finds that used or
waste tires pose a threat to public health or the environment.
(f) In undertaking preventive, corrective or consensual
removal action under this Section the Agency may consider use
of the following: rubber reuse alternatives, shredding or other
conversion through use of mobile or fixed facilities, energy
recovery through burning or incineration, and landfill
disposal. To the extent practicable, the Agency shall consult
with the Department of Commerce and Economic Opportunity

SB3069 - 71 - LRB100 18001 MJP 33188 b
regarding the availability of alternatives to landfilling used
and waste tires, and shall make every reasonable effort to
coordinate tire cleanup projects with applicable programs that
relate to such alternative practices.
(g) Except as otherwise provided in this Section, the owner
or operator of any site or accumulation of used or waste tires
at which the Agency has undertaken corrective or preventive
action under this Section shall be liable for all costs thereof
incurred by the State of Illinois, including reasonable costs
of collection. Any monies received by the Agency hereunder
shall be deposited into the Used Tire Management Fund. The
Agency may in its discretion store, dispose of or convey the
tires that are removed from an area at which it has undertaken
a corrective, preventive or consensual removal action, and may
sell or store such tires and other items, including but not
limited to rims, that are removed from the area. The net
proceeds of any sale shall be credited against the liability
incurred by the owner or operator for the costs of any
preventive or corrective action.
(h) Any person liable to the Agency for costs incurred
under subsection (g) of this Section may be liable to the State
of Illinois for punitive damages in an amount at least equal
to, and not more than 2 times, the costs incurred by the State
if such person failed without sufficient cause to take
preventive or corrective action pursuant to notice issued under
subsection (d) of this Section.

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(i) There shall be no liability under subsection (g) of
this Section for a person otherwise liable who can establish by
a preponderance of the evidence that the hazard created by the
tires was caused solely by:
(1) an act of God;
(2) an act of war; or
(3) an act or omission of a third party other than an
employee or agent, and other than a person whose act or
omission occurs in connection with a contractual
relationship with the person otherwise liable.
For the purposes of this subsection, "contractual
relationship" includes, but is not limited to, land contracts,
deeds and other instruments transferring title or possession,
unless the real property upon which the accumulation is located
was acquired by the defendant after the disposal or placement
of used or waste tires on, in or at the property and one or more
of the following circumstances is also established by a
preponderance of the evidence:
(A) at the time the defendant acquired the
property, the defendant did not know and had no reason
to know that any used or waste tires had been disposed
of or placed on, in or at the property, and the
defendant undertook, at the time of acquisition, all
appropriate inquiries into the previous ownership and
uses of the property consistent with good commercial or
customary practice in an effort to minimize liability;

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(B) the defendant is a government entity which
acquired the property by escheat or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation; or
(C) the defendant acquired the property by
inheritance or bequest.
(j) Nothing in this Section shall affect or modify the
obligations or liability of any person under any other
provision of this Act, federal law, or State law, including the
common law, for injuries, damages or losses resulting from the
circumstances leading to Agency action under this Section.
(k) The costs and damages provided for in this Section may
be imposed by the Board in an action brought before the Board
in accordance with Title VIII of this Act, except that
subsection (c) of Section 33 of this Act shall not apply to any
such action.
(l) The Agency shall, when feasible, consult with the
Department of Public Health prior to taking any action to
remove or treat an infested tire accumulation for control of
mosquitoes or other disease vectors. The Agency may by contract
or agreement secure the services of the Department of Public
Health, any local public health department, or any other
qualified person in treating any such infestation as part of an
emergency or preventive action.
(m) Neither the State, the Agency, the Board, the Director,

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nor any State employee shall be liable for any damage or injury
arising out of or resulting from any action taken under this
Section.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/55.7) (from Ch. 111 1/2, par. 1055.7)
Sec. 55.7. The Agency Department of Commerce and Economic
Opportunity may adopt regulations as necessary for the
administration of the grant and loan programs funded from the
Used Tire Management Fund, including but not limited to
procedures and criteria for applying for, evaluating, awarding
and terminating grants and loans. The Agency Department of
Commerce and Economic Opportunity may by rule specify criteria
for providing grant assistance rather than loan assistance;
such criteria shall promote the expeditious development of
alternatives to the disposal of used tires, and the efficient
use of monies for assistance. Evaluation criteria may be
established by rule, considering such factors as:
(1) the likelihood that a proposal will lead to the
actual collection and processing of used tires and
protection of the environment and public health in
furtherance of the purposes of this Act;
(2) the feasibility of the proposal;
(3) the suitability of the location for the proposed
activity;
(4) the potential of the proposal for encouraging

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recycling and reuse of resources; and
(5) the potential for development of new technologies
consistent with the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/58.14a)
Sec. 58.14a. River Edge Redevelopment Zone Site
Remediation Tax Credit Review.
(a) Prior to applying for the River Edge Redevelopment Zone
site remediation tax credit under subsection (n) of Section 201
of the Illinois Income Tax Act, a Remediation Applicant must
first submit to the Agency an application for review of
remediation costs. The Agency shall review the application in
consultation with the Department of Commerce and Economic
Opportunity. The application and review process must be
conducted in accordance with the requirements of this Section
and the rules adopted under subsection (g). A preliminary
review of the estimated remediation costs for development and
implementation of the Remedial Action Plan may be obtained in
accordance with subsection (d).
(b) No application for review may be submitted until a No
Further Remediation Letter has been issued by the Agency and
recorded in the chain of title for the site in accordance with
Section 58.10. The Agency shall review the application to
determine whether the costs submitted are remediation costs and
whether the costs incurred are reasonable. The application must

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be on forms prescribed and provided by the Agency. At a
minimum, the application must include the following:
(1) information identifying the Remediation Applicant,
the site for which the tax credit is being sought, and the
date of acceptance of the site into the Site Remediation
Program;
(2) a copy of the No Further Remediation Letter with
official verification that the letter has been recorded in
the chain of title for the site and a demonstration that
the site for which the application is submitted is the same
site as the one for which the No Further Remediation Letter
is issued;
(3) a demonstration that the release of the regulated
substances of concern for which the No Further Remediation
Letter was issued were not caused or contributed to in any
material respect by the Remediation Applicant.
Determinations as to credit availability shall be made
consistent with the Pollution Control Board rules for the
administration and enforcement of Section 58.9 of this Act;
(4) an itemization and documentation, including
receipts, of the remediation costs incurred;
(5) a demonstration that the costs incurred are
remediation costs as defined in this Act and its rules;
(6) a demonstration that the costs submitted for review
were incurred by the Remediation Applicant who received the
No Further Remediation Letter;

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(7) an application fee in the amount set forth in
subsection (e) for each site for which review of
remediation costs is requested and, if applicable,
certification from the Department of Commerce and Economic
Opportunity that the site is located in a River Edge
Redevelopment Zone; and
(8) any other information deemed appropriate by the
Agency.
(c) Within 60 days after receipt by the Agency of an
application meeting the requirements of subsection (b), the
Agency shall issue a letter to the applicant approving,
disapproving, or modifying the remediation costs submitted in
the application. If the remediation costs are approved as
submitted, then the Agency's letter must state the amount of
the remediation costs to be applied toward the River Edge
Redevelopment Zone site remediation tax credit. If an
application is disapproved or approved with modification of
remediation costs, then the Agency's letter must set forth the
reasons for the disapproval or modification and must state the
amount of the remediation costs, if any, to be applied toward
the River Edge Redevelopment Zone site remediation tax credit.
If a preliminary review of a budget plan has been obtained
under subsection (d), then the Remediation Applicant may
submit, with the application and supporting documentation
under subsection (b), a copy of the Agency's final
determination accompanied by a certification that the actual

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remediation costs incurred for the development and
implementation of the Remedial Action Plan are equal to or less
than the costs approved in the Agency's final determination on
the budget plan. The certification must be signed by the
Remediation Applicant and notarized. Based on that submission,
the Agency is not required to conduct further review of the
costs incurred for development and implementation of the
Remedial Action Plan, and it may approve the costs as
submitted. Within 35 days after the receipt of an Agency letter
disapproving or modifying an application for approval of
remediation costs, the Remediation Applicant may appeal the
Agency's decision to the Board in the manner provided for the
review of permits under Section 40 of this Act.
(d) A Remediation Applicant may obtain a preliminary review
of estimated remediation costs for the development and
implementation of the Remedial Action Plan by submitting a
budget plan along with the Remedial Action Plan. The budget
plan must be set forth on forms prescribed and provided by the
Agency and must include, without limitation, line-item
estimates of the costs associated with each line item (such as
personnel, equipment, and materials) that the Remediation
Applicant anticipates will be incurred for the development and
implementation of the Remedial Action Plan. The Agency shall
review the budget plan along with the Remedial Action Plan to
determine whether the estimated costs submitted are
remediation costs and whether the costs estimated for the

SB3069 - 79 - LRB100 18001 MJP 33188 b
activities are reasonable.
If the Remedial Action Plan is amended by the Remediation
Applicant or as a result of Agency action, then the
corresponding budget plan must be revised accordingly and
resubmitted for Agency review.
The budget plan must be accompanied by the applicable fee
as set forth in subsection (e).
The submittal of a budget plan is deemed to be an automatic
60-day waiver of the Remedial Action Plan review deadlines set
forth in this Section and its rules.
Within the applicable period of review, the Agency shall
issue a letter to the Remediation Applicant approving,
disapproving, or modifying the estimated remediation costs
submitted in the budget plan. If a budget plan is disapproved
or approved with modification of estimated remediation costs,
then the Agency's letter must set forth the reasons for the
disapproval or modification.
Within 35 days after receipt of an Agency letter
disapproving or modifying a budget plan, the Remediation
Applicant may appeal the Agency's decision to the Board in the
manner provided for the review of permits under Section 40 of
this Act.
(e) Any fee for a review conducted under this Section is in
addition to any other fees or payments for Agency services
rendered under the Site Remediation Program. The fees under
this Section are as follows:

SB3069 - 80 - LRB100 18001 MJP 33188 b
(1) the fee for an application for review of
remediation costs is $250 for each site reviewed; and
(2) there is no fee for the review of the budget plan
submitted under subsection (d).
The application fee must be made payable to the State of
Illinois, for deposit into the Hazardous Waste Fund. Pursuant
to appropriation, the Agency shall use the fees collected under
this subsection for development and administration of the
review program.
(f) The Agency has the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties and responsibilities under this Section.
(g) The Agency shall adopt rules prescribing procedures and
standards for its administration of this Section. Prior to the
effective date of rules adopted under this Section, the Agency
may conduct reviews of applications under this Section. The
Agency may publish informal guidelines concerning this Section
to provide guidance.
(Source: P.A. 95-454, eff. 8-27-07.)
(415 ILCS 5/58.15)
Sec. 58.15. Brownfields Programs.
(A) Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a revolving
loan program to be known as the "Brownfields Redevelopment Loan
Program" for the purpose of providing loans to be used for site

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investigation, site remediation, or both, at brownfields
sites. All principal, interest, and penalty payments from loans
made under this subsection (A) shall be deposited into the
Brownfields Redevelopment Fund and reused in accordance with
this Section.
(b) General requirements for loans:
(1) Loans shall be at or below market interest rates in
accordance with a formula set forth in regulations
promulgated under subdivision (A)(c) of this subsection
(A).
(2) Loans shall be awarded subject to availability of
funding based on the order of receipt of applications
satisfying all requirements as set forth in the regulations
promulgated under subdivision (A)(c) of this subsection
(A).
(3) The maximum loan amount under this subsection (A)
for any one project is $1,000,000.
(4) In addition to any requirements or conditions
placed on loans by regulation, loan agreements under the
Brownfields Redevelopment Loan Program shall include the
following requirements:
(A) the loan recipient shall secure the loan
repayment obligation;
(B) completion of the loan repayment shall not
exceed 15 years or as otherwise prescribed by Agency
rule; and

SB3069 - 82 - LRB100 18001 MJP 33188 b
(C) loan agreements shall provide for a confession
of judgment by the loan recipient upon default.
(5) Loans shall not be used to cover expenses incurred
prior to the approval of the loan application.
(6) If the loan recipient fails to make timely payments
or otherwise fails to meet its obligations as provided in
this subsection (A) or implementing regulations, the
Agency is authorized to pursue the collection of the
amounts past due, the outstanding loan balance, and the
costs thereby incurred, either pursuant to the Illinois
State Collection Act of 1986 or by any other means provided
by law, including the taking of title, by foreclosure or
otherwise, to any project or other property pledged,
mortgaged, encumbered, or otherwise available as security
or collateral.
(c) The Agency shall have the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties or responsibilities under this subsection (A). The
Agency shall have the authority to promulgate regulations
setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations
promulgated by the Agency for loans under this subsection (A)
shall include, but need not be limited to, the following
elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan

SB3069 - 83 - LRB100 18001 MJP 33188 b
applicant;
(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
pledged for the loan;
(5) special loan terms, as necessary, for securing the
repayment of the loan;
(6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan applications,
loan approvals or denials, and loan acceptance by the loan
recipient;
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of loans
to loan recipients;
(12) requirements for securing loan repayment
obligations;
(13) conditions or circumstances constituting default;
(14) procedures for repayment of loans and delinquent
loans including, but not limited to, the initiation of
principal and interest payments following loan acceptance;
(15) loan recipient responsibilities for work
schedules, work plans, reports, and record keeping;
(16) evaluation of loan recipient performance,
including auditing and access to sites and records;
(17) requirements applicable to contracting and

SB3069 - 84 - LRB100 18001 MJP 33188 b
subcontracting by the loan recipient, including
procurement requirements;
(18) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(19) indemnification of the State of Illinois and the
Agency by the loan recipient.
(d) Moneys in the Brownfields Redevelopment Fund may be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the
State or any political subdivision or instrumentality thereof,
if the proceeds of those bonds will be deposited into the Fund.
(B) Brownfields Site Restoration Program.
(a) (1) The Agency, with the assistance of the Department
of Commerce and Economic Opportunity, must establish and
administer a program for the payment of remediation costs
to be known as the Brownfields Site Restoration Program.
The Agency, through the Program, shall provide Remediation
Applicants with financial assistance for the investigation
and remediation of abandoned or underutilized properties.
The investigation and remediation shall be performed in
accordance with this Title XVII of this Act.
(2) For each State fiscal year in which funds are made
available to the Agency for payment under this subsection
(B), the Agency must, subject to the availability of funds,

SB3069 - 85 - LRB100 18001 MJP 33188 b
allocate 20% of the funds to be available to Remediation
Applicants within counties with populations over
2,000,000. The remaining funds must be made available to
all other Remediation Applicants in the State.
(3) The Agency must not approve payment in excess of
$750,000 to a Remediation Applicant for remediation costs
incurred at a remediation site. Eligibility must be
determined based on a minimum capital investment in the
redevelopment of the site, and payment amounts must not
exceed the net economic benefit to the State of the
remediation project. In addition to these limitations, the
total payment to be made to an applicant must not exceed an
amount equal to 20% of the capital investment at the site.
(4) Only those remediation projects for which a No
Further Remediation Letter is issued by the Agency after
December 31, 2001 are eligible to participate in the
Brownfields Site Restoration Program. The program does not
apply to any sites that have received a No Further
Remediation Letter prior to December 31, 2001 or for costs
incurred prior to the Agency Department of Commerce and
Economic Opportunity (formerly Department of Commerce and
Community Affairs) approving a site eligible for the
Brownfields Site Restoration Program.
(5) Brownfields Site Restoration Program funds shall
be subject to availability of funding and distributed based
on the order of receipt of applications satisfying all

SB3069 - 86 - LRB100 18001 MJP 33188 b
requirements as set forth in this Section.
(b) Prior to applying to the Agency for payment, a
Remediation Applicant shall first submit to the Agency its
proposed remediation costs. The Agency shall make a
pre-application assessment, which is not to be binding upon the
Department of Commerce and Economic Opportunity or upon future
review of the project, relating only to whether the Agency has
adequate funding to reimburse the applicant for the remediation
costs if the applicant is found to be eligible for
reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the
applicant for remediation costs, the Remediation Applicant may
then submit to the Agency Department of Commerce and Economic
Opportunity an application for review of eligibility. The
Agency Department must review the eligibility application to
determine whether the Remediation Applicant is eligible for the
payment. The application must be on forms prescribed and
provided by the Agency Department of Commerce and Economic
Opportunity. At a minimum, the application must include the
following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance into the Site Remediation Program.
(2) Information demonstrating that the site for which
the payment is being sought is abandoned or underutilized
property. "Abandoned property" means real property

SB3069 - 87 - LRB100 18001 MJP 33188 b
previously used for, or that has the potential to be used
for, commercial or industrial purposes that reverted to the
ownership of the State, a county or municipal government,
or an agency thereof, through donation, purchase, tax
delinquency, foreclosure, default, or settlement,
including conveyance by deed in lieu of foreclosure; or
privately owned property that has been vacant for a period
of not less than 3 years from the time an application is
made to the Agency Department of Commerce and Economic
Opportunity. "Underutilized property" means real property
of which less than 35% of the commercially usable space of
the property and improvements thereon are used for their
most commercially profitable and economically productive
uses.
(3) Information demonstrating that remediation of the
site for which the payment is being sought will result in a
net economic benefit to the State of Illinois. The "net
economic benefit" must be determined based on factors
including, but not limited to, the capital investment, the
number of jobs created, the number of jobs retained if it
is demonstrated the jobs would otherwise be lost, capital
improvements, the number of construction-related jobs,
increased sales, material purchases, other increases in
service and operational expenditures, and other factors
established by the Agency Department of Commerce and
Economic Opportunity. Priority must be given to sites

SB3069 - 88 - LRB100 18001 MJP 33188 b
located in areas with high levels of poverty, where the
unemployment rate exceeds the State average, where an
enterprise zone exists, or where the area is otherwise
economically depressed as determined by the Agency
Department of Commerce and Economic Opportunity.
(4) An application fee in the amount set forth in
subdivision (B)(c) for each site for which review of an
application is being sought.
(c) The fee for eligibility reviews conducted by the Agency
Department of Commerce and Economic Opportunity under this
subsection (B) is $1,000 for each site reviewed. The
application fee must be made payable to the Agency Department
of Commerce and Economic Opportunity for deposit into the
Brownfields Redevelopment Workforce, Technology, and Economic
Development Fund. These application fees shall be used by the
Agency Department for administrative expenses incurred under
this subsection (B).
(d) Within 60 days after receipt by the Agency Department
of Commerce and Economic Opportunity of an application meeting
the requirements of subdivision (B)(b), the Agency Department
of Commerce and Economic Opportunity must issue a letter to the
applicant approving the application, approving the application
with modifications, or disapproving the application. If the
application is approved or approved with modifications, the
Agency's Department of Commerce and Economic Opportunity's
letter must also include its determination of the "net economic

SB3069 - 89 - LRB100 18001 MJP 33188 b
benefit" of the remediation project and the maximum amount of
the payment to be made available to the applicant for
remediation costs. The payment by the Agency under this
subsection (B) must not exceed the "net economic benefit" of
the remediation project, as determined by the Department of
Commerce and Economic Opportunity.
(e) An application for a review of remediation costs must
not be submitted to the Agency unless the Agency Department of
Commerce and Economic Opportunity has determined the
Remediation Applicant is eligible under subdivision (B)(d). If
the Agency Department of Commerce and Economic Opportunity has
determined that a Remediation Applicant is eligible under
subdivision (B)(d), the Remediation Applicant may submit an
application for payment to the Agency under this subsection
(B). Except as provided in subdivision (B)(f), an application
for review of remediation costs must not be submitted until a
No Further Remediation Letter has been issued by the Agency and
recorded in the chain of title for the site in accordance with
Section 58.10. The Agency must review the application to
determine whether the costs submitted are remediation costs and
whether the costs incurred are reasonable. The application must
be on forms prescribed and provided by the Agency. At a
minimum, the application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation

SB3069 - 90 - LRB100 18001 MJP 33188 b
Program.
(2) A copy of the No Further Remediation Letter with
official verification that the letter has been recorded in
the chain of title for the site and a demonstration that
the site for which the application is submitted is the same
site as the one for which the No Further Remediation Letter
is issued.
(3) A demonstration that the release of the regulated
substances of concern for which the No Further Remediation
Letter was issued was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control
Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Agency's Department of Commerce and
Economic Opportunity's letter approving eligibility,
including the net economic benefit of the remediation
project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for review
were incurred by the Remediation Applicant who received the

SB3069 - 91 - LRB100 18001 MJP 33188 b
No Further Remediation Letter.
(8) An application fee in the amount set forth in
subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(f) An application for review of remediation costs may be
submitted to the Agency prior to the issuance of a No Further
Remediation Letter if the Remediation Applicant has a Remedial
Action Plan approved by the Agency under the terms of which the
Remediation Applicant will remediate groundwater for more than
one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether
the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the
application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation
Program.
(2) A copy of the Agency letter approving the Remedial
Action Plan.
(3) A demonstration that the release of the regulated
substances of concern for which the Remedial Action Plan
was approved was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency

SB3069 - 92 - LRB100 18001 MJP 33188 b
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control
Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Agency's Department of Commerce and
Economic Opportunity's letter approving eligibility,
including the net economic benefit of the remediation
project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for review
were incurred by the Remediation Applicant who received
approval of the Remediation Action Plan.
(8) An application fee in the amount set forth in
subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(g) For a Remediation Applicant seeking a payment under
subdivision (B)(f), until the Agency issues a No Further
Remediation Letter for the site, no more than 75% of the
allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the

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Agency of a No Further Remediation Letter for the site. For a
Remediation Applicant seeking a payment under subdivision
(B)(e), until the Agency issues a No Further Remediation Letter
for the site, no payment may be claimed by the Remediation
Applicant.
(h) (1) Within 60 days after receipt by the Agency of an
application meeting the requirements of subdivision (B)(e)
or (B)(f), the Agency must issue a letter to the applicant
approving, disapproving, or modifying the remediation
costs submitted in the application. If an application is
disapproved or approved with modification of remediation
costs, then the Agency's letter must set forth the reasons
for the disapproval or modification.
(2) If a preliminary review of a budget plan has been
obtained under subdivision (B)(i), the Remediation
Applicant may submit, with the application and supporting
documentation under subdivision (B)(e) or (B)(f), a copy of
the Agency's final determination accompanied by a
certification that the actual remediation costs incurred
for the development and implementation of the Remedial
Action Plan are equal to or less than the costs approved in
the Agency's final determination on the budget plan. The
certification must be signed by the Remediation Applicant
and notarized. Based on that submission, the Agency is not
required to conduct further review of the costs incurred
for development and implementation of the Remedial Action

SB3069 - 94 - LRB100 18001 MJP 33188 b
Plan and may approve costs as submitted.
(3) Within 35 days after receipt of an Agency letter
disapproving or modifying an application for approval of
remediation costs, the Remediation Applicant may appeal
the Agency's decision to the Board in the manner provided
for the review of permits in Section 40 of this Act.
(i) (1) A Remediation Applicant may obtain a preliminary
review of estimated remediation costs for the development
and implementation of the Remedial Action Plan by
submitting a budget plan along with the Remedial Action
Plan. The budget plan must be set forth on forms prescribed
and provided by the Agency and must include, but is not
limited to, line item estimates of the costs associated
with each line item (such as personnel, equipment, and
materials) that the Remediation Applicant anticipates will
be incurred for the development and implementation of the
Remedial Action Plan. The Agency must review the budget
plan along with the Remedial Action Plan to determine
whether the estimated costs submitted are remediation
costs and whether the costs estimated for the activities
are reasonable.
(2) If the Remedial Action Plan is amended by the
Remediation Applicant or as a result of Agency action, the
corresponding budget plan must be revised accordingly and
resubmitted for Agency review.
(3) The budget plan must be accompanied by the

SB3069 - 95 - LRB100 18001 MJP 33188 b
applicable fee as set forth in subdivision (B)(j).
(4) Submittal of a budget plan must be deemed an
automatic 60-day waiver of the Remedial Action Plan review
deadlines set forth in this subsection (B) and rules
adopted under this subsection (B).
(5) Within the applicable period of review, the Agency
must issue a letter to the Remediation Applicant approving,
disapproving, or modifying the estimated remediation costs
submitted in the budget plan. If a budget plan is
disapproved or approved with modification of estimated
remediation costs, the Agency's letter must set forth the
reasons for the disapproval or modification.
(6) Within 35 days after receipt of an Agency letter
disapproving or modifying a budget plan, the Remediation
Applicant may appeal the Agency's decision to the Board in
the manner provided for the review of permits in Section 40
of this Act.
(j) The fees for reviews conducted by the Agency under this
subsection (B) are in addition to any other fees or payments
for Agency services rendered pursuant to the Site Remediation
Program and are as follows:
(1) The fee for an application for review of
remediation costs is $1,000 for each site reviewed.
(2) The fee for the review of the budget plan submitted
under subdivision (B)(i) is $500 for each site reviewed.
The application fee and the fee for the review of the

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budget plan must be made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be
used for the purposes of this Section, including payment for
the costs of administering this subsection (B). Any moneys
remaining in the Brownfields Site Restoration Program Fund on
the effective date of this amendatory Act of the 92nd General
Assembly shall be transferred to the Brownfields Redevelopment
Fund. Total payments made to all Remediation Applicants by the
Agency for purposes of this subsection (B) must not exceed
$1,000,000 in State fiscal year 2002.
(l) The Department and the Agency is are authorized to
enter into any contracts or agreements that may be necessary to
carry out the Agency's their duties and responsibilities under
this subsection (B).
(m) Within 6 months after the effective date of this
amendatory Act of 2002, the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) and the Agency must propose rules prescribing
procedures and standards for the administration of this
subsection (B). Within 9 months after receipt of the proposed
rules, the Board shall adopt on second notice, pursuant to
Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Act, rules that are consistent with this subsection
(B). Prior to the effective date of rules adopted under this
subsection (B), the Department of Commerce and Community

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Affairs (now Department of Commerce and Economic Opportunity)
and the Agency may conduct reviews of applications under this
subsection (B) and the Agency is further authorized to
distribute guidance documents on costs that are eligible or
ineligible as remediation costs.
(Source: P.A. 97-333, eff. 8-12-11.)
(415 ILCS 5/6.1 rep.)
Section 950. The Environmental Protection Act is amended by
repealing Section 6.1.
Section 955. The Solid Waste Planning and Recycling Act is
amended by changing Section 7 as follows:
(415 ILCS 15/7) (from Ch. 85, par. 5957)
Sec. 7. (a) Each county shall begin implementation of its
waste management plan, including the recycling program, within
one year of adoption of the plan. The county may enter into
written agreements with other persons, including a
municipality or persons transporting municipal waste on the
effective date of this Act, pursuant to which the persons
undertake to fulfill some or all of the county's
responsibilities under this Act. A person who enters into an
agreement shall be responsible with the county for the
implementation of such programs.
(b) In implementing the recycling program, consideration

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for the collection, marketing and disposition of recyclable
materials shall be given to persons engaged in the business of
recycling within the county on the effective date of this Act,
whether or not the persons were operating for profit.
If a township within the county is operating a recycling
program on the effective date of the plan which substantially
conforms with or exceeds the requirements of the recycling
program included in the plan, the township may continue to
operate its recycling program, and such operation shall
constitute, within the township, implementation of the
recycling program included in the plan. A township may at any
time adopt and implement a recycling program that is more
stringent than that required by the county waste management
plan.
(c) The Agency Department shall assist counties in
implementing recycling programs under this Act, and may,
pursuant to appropriation, make grants and loans from the Solid
Waste Management Fund to counties or other units of local
government for that purpose, to be used for capital assistance
or for the payment of recycling diversion credits or for other
recycling program purposes, in accordance with such guidelines
as may be adopted by the Agency Department.
(Source: P.A. 97-333, eff. 8-12-11.)
(415 ILCS 15/8 rep.)
(415 ILCS 15/8.5 rep.)

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Section 960. The Solid Waste Planning and Recycling Act is
amended by repealing Sections 8 and 8.5.
Section 965. The Illinois Solid Waste Management Act is
amended by changing Sections 2.1, 3, 3.1, 5, 6, 6a, 7, and 8 as
follows:
(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
Sec. 2.1. Definitions. When used in this Act, unless the
context otherwise requires, the following terms have the
meanings ascribed to them in this Section:
"Agency" means the Environmental Protection Agency.
"Department", when a particular entity is not specified,
means (i) in the case of a function to be performed on or after
July 1, 1995 (the effective date of the Department of Natural
Resources Act) and until the effective date of this amendatory
Act of the 100th General Assembly, the Department of Commerce
and Community Affairs (now Department of Commerce and Economic
Opportunity), as successor to the former Department of Energy
and Natural Resources under the Department of Natural Resources
Act; or (ii) in the case of a function required to be performed
before July 1, 1995, the former Illinois Department of Energy
and Natural Resources.
"Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
"End product" means only those items that are designed to

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be used until disposal; items designed to be used in production
of a subsequent item are excluded.
"High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
office paper, note pads, xerographic paper, envelopes, form
bond including computer paper and carbonless forms, book
papers, bond papers, ledger paper, book stock and cotton fiber
papers.
"Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
"Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during production of an end
product are excluded.
"Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt rolls,
and mill wrappers, obsolete inventories, and rejected unused
stock. "Recovered paper material", however, does not include
fibrous waste generated during the manufacturing process such
as fibers recovered from waste water or trimmings of paper
machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest

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residues such as bark.
"Recycled paperboard" includes recycled paperboard
products, folding cartons and pad backing.
"Recycling" means the process by which solid waste is
collected, separated and processed for reuse as either a raw
material or a product which itself is subject to recycling, but
does not include the combustion of waste for energy recovery or
volume reduction.
"Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers.
"Unbleached packaging" includes corrugated and fiber
boxes.
"USEPA Guidelines for federal procurement" means all
minimum recycled content standards recommended by the U.S.
Environmental Protection Agency.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State agency materials recycling program.
(a) All State agencies responsible for the maintenance of
public lands in the State shall, to the maximum extent
feasible, use compost materials in all land maintenance
activities which are to be paid with public funds.
(a-5) All State agencies responsible for the maintenance of
public lands in the State shall review its procurement

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specifications and policies to determine (1) if incorporating
compost materials will help reduce stormwater run-off and
increase infiltration of moisture in land maintenance
activities and (2) the current recycled content usage and
potential for additional recycled content usage by the Agency
in land maintenance activities and report to the General
Assembly by December 15, 2015.
(b) The Department of Central Management Services, in
coordination with the Agency Department of Commerce and
Economic Opportunity, shall implement waste reduction
programs, including source separation and collection, for
office wastepaper, corrugated containers, newsprint and mixed
paper, in all State buildings as appropriate and feasible. Such
waste reduction programs shall be designed to achieve waste
reductions of at least 25% of all such waste by December 31,
1995, and at least 50% of all such waste by December 31, 2000.
Any source separation and collection program shall include, at
a minimum, procedures for collecting and storing recyclable
materials, bins or containers for storing materials, and
contractual or other arrangements with buyers of recyclable
materials. If market conditions so warrant, the Department of
Central Management Services, in coordination with the Agency
Department of Commerce and Economic Opportunity, may modify
programs developed pursuant to this Section.
The Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity) shall conduct

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waste categorization studies of all State facilities for
calendar years 1991, 1995 and 2000. Such studies shall be
designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
(c) Each State agency shall, upon consultation with the
Agency Department of Commerce and Economic Opportunity,
periodically review its procurement procedures and
specifications related to the purchase of products or supplies.
Such procedures and specifications shall be modified as
necessary to require the procuring agency to seek out products
and supplies that contain recycled materials, and to ensure
that purchased products or supplies are reusable, durable or
made from recycled materials whenever economically and
practically feasible. In choosing among products or supplies
that contain recycled material, consideration shall be given to
products and supplies with the highest recycled material
content that is consistent with the effective and efficient use
of the product or supply.
(d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
(1) Beginning July 1, 1989, at least 10% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.

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(2) Beginning July 1, 1992, at least 25% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(3) Beginning July 1, 1996, at least 40% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(4) Beginning July 1, 2000, at least 50% of the total
dollar value of paper and paper products purchased by the
Department of Central Management Services shall be
recycled paper and paper products.
(e) Paper and paper products purchased from private vendors
pursuant to printing contracts are not considered paper
products for the purposes of subsection (d). However, the
Department of Central Management Services shall report to the
General Assembly on an annual basis the total dollar value of
printing contracts awarded to private sector vendors that
included the use of recycled paper.
(f)(1) Wherever economically and practically feasible,
the recycled paper and paper products referred to in
subsection (d) shall contain postconsumer or recovered
paper materials as specified by paper category in this
subsection:
(i) Recycled high grade printing and writing paper
shall contain at least 50% recovered paper material.

SB3069 - 105 - LRB100 18001 MJP 33188 b
Such recovered paper material, until July 1, 1994,
shall consist of at least 20% deinked stock or
postconsumer material; and beginning July 1, 1994,
shall consist of at least 25% deinked stock or
postconsumer material; and beginning July 1, 1996,
shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 1998,
shall consist of at least 40% deinked stock or
postconsumer material; and beginning July 1, 2000,
shall consist of at least 50% deinked stock or
postconsumer material.
(ii) Recycled tissue products, until July 1, 1994,
shall contain at least 25% postconsumer material; and
beginning July 1, 1994, shall contain at least 30%
postconsumer material; and beginning July 1, 1996,
shall contain at least 35% postconsumer material; and
beginning July 1, 1998, shall contain at least 40%
postconsumer material; and beginning July 1, 2000,
shall contain at least 45% postconsumer material.
(iii) Recycled newsprint, until July 1, 1994,
shall contain at least 40% postconsumer material; and
beginning July 1, 1994, shall contain at least 50%
postconsumer material; and beginning July 1, 1996,
shall contain at least 60% postconsumer material; and
beginning July 1, 1998, shall contain at least 70%
postconsumer material; and beginning July 1, 2000,

SB3069 - 106 - LRB100 18001 MJP 33188 b
shall contain at least 80% postconsumer material.
(iv) Recycled unbleached packaging, until July 1,
1994, shall contain at least 35% postconsumer
material; and beginning July 1, 1994, shall contain at
least 40% postconsumer material; and beginning July 1,
1996, shall contain at least 45% postconsumer
material; and beginning July 1, 1998, shall contain at
least 50% postconsumer material; and beginning July 1,
2000, shall contain at least 55% postconsumer
material.
(v) Recycled paperboard, until July 1, 1994, shall
contain at least 80% postconsumer material; and
beginning July 1, 1994, shall contain at least 85%
postconsumer material; and beginning July 1, 1996,
shall contain at least 90% postconsumer material; and
beginning July 1, 1998, shall contain at least 95%
postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:
(i) paper, paperboard, and fibrous wastes from
retail stores, office buildings, homes, and so forth,
after the waste has passed through its end usage as a
consumer item, including used corrugated boxes, old
newspapers, mixed waste paper, tabulating cards, and
used cordage; and
(ii) all paper, paperboard, and fibrous wastes

SB3069 - 107 - LRB100 18001 MJP 33188 b
that are diverted or separated from the municipal solid
waste stream.
(3) For the purposes of this Section, "recovered paper
material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that is,
those manufacturing operations up to and including the
cutting and trimming of the paper machine reel into
smaller rolls or rough sheets), including envelope
cuttings, bindery trimmings, and other paper and
paperboard waste resulting from printing, cutting,
forming, and other converting operations, or from bag,
box and carton manufacturing, and butt rolls, mill
wrappers, and rejected unused stock; and
(iii) finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers,
merchants, wholesalers, dealers, printers, converters,
or others.
(g) The Department of Central Management Services may adopt
regulations to carry out the provisions and purposes of this
Section.
(h) Every State agency shall, in its procurement documents,
specify that, whenever economically and practically feasible,
a product to be procured must consist, wholly or in part, of
recycled materials, or be recyclable or reusable in whole or in

SB3069 - 108 - LRB100 18001 MJP 33188 b
part. When applicable, if state guidelines are not already
prescribed, State agencies shall follow USEPA guidelines for
federal procurement.
(i) All State agencies shall cooperate with the Department
of Central Management Services in carrying out this Section.
The Department of Central Management Services may enter into
cooperative purchasing agreements with other governmental
units in order to obtain volume discounts, or for other reasons
in accordance with the Governmental Joint Purchasing Act, or in
accordance with the Intergovernmental Cooperation Act if
governmental units of other states or the federal government
are involved.
(j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning its
implementation of the State's collection and recycled paper
procurement programs. This report shall include a description
of the actions that the Department of Central Management
Services has taken in the previous fiscal year to implement
this Section. This report shall be submitted on or before
November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in all
State-owned motor vehicles and the use of remanufactured and
retread tires whenever such use is practical, beginning no

SB3069 - 109 - LRB100 18001 MJP 33188 b
later than July 1, 1992.
(l) (Blank).
(m) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity),
has implemented an aluminum can recycling program in all State
buildings within 270 days of the effective date of this
amendatory Act of 1997. The program provides for (1) the
collection and storage of used aluminum cans in bins or other
appropriate containers made reasonably available to occupants
and visitors of State buildings and (2) the sale of used
aluminum cans to buyers of recyclable materials.
Proceeds from the sale of used aluminum cans shall be
deposited into I-CYCLE accounts maintained in the State Surplus
Property Revolving Fund and, subject to appropriation, shall be
used by the Department of Central Management Services and any
other State agency to offset the costs of implementing the
aluminum can recycling program under this Section.
All State agencies having an aluminum can recycling program
in place shall continue with their current plan. If a State
agency has an existing recycling program in place, proceeds
from the aluminum can recycling program may be retained and
distributed pursuant to that program, otherwise all revenue
resulting from these programs shall be forwarded to Central
Management Services, I-CYCLE for placement into the
appropriate account within the State Surplus Property

SB3069 - 110 - LRB100 18001 MJP 33188 b
Revolving Fund, minus any operating costs associated with the
program.
(Source: P.A. 99-34, eff. 7-14-15; 99-543, eff. 1-1-17.)
(415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
Sec. 3.1. Institutions of higher learning.
(a) For purposes of this Section "State-supported
institutions of higher learning" or "institutions" means the
University of Illinois, Southern Illinois University, the
colleges and universities under the jurisdiction of the Board
of Governors of State Colleges and Universities, the colleges
and universities under the jurisdiction of the Board of Regents
of Regency Universities, and the public community colleges
subject to the Public Community College Act.
(b) Each State-supported institution of higher learning
shall develop a comprehensive waste reduction plan covering a
period of 10 years which addresses the management of solid
waste generated by academic, administrative, student housing
and other institutional functions. The waste reduction plan
shall be developed by January 1, 1995. The initial plan
required under this Section shall be updated by the institution
every 5 years, and any proposed amendments to the plan shall be
submitted for review in accordance with subsection (f).
(c) Each waste reduction plan shall address, at a minimum,
the following topics: existing waste generation by volume,
waste composition, existing waste reduction and recycling

SB3069 - 111 - LRB100 18001 MJP 33188 b
activities, waste collection and disposal costs, future waste
management methods, and specific goals to reduce the amount of
waste generated that is subject to landfill disposal.
(d) Each waste reduction plan shall provide for recycling
of marketable materials currently present in the institution's
waste stream, including but not limited to landscape waste,
corrugated cardboard, computer paper, and white office paper,
and shall provide for the investigation of potential markets
for other recyclable materials present in the institution's
waste stream. The recycling provisions of the waste reduction
plan shall be designed to achieve, by January 1, 2000, at least
a 40% reduction (referenced to a base year of 1987) in the
amount of solid waste that is generated by the institution and
identified in the waste reduction plan as being subject to
landfill disposal.
(e) Each waste reduction plan shall evaluate the
institution's procurement policies and practices to eliminate
procedures which discriminate against items with recycled
content, and to identify products or items which are procured
by the institution on a frequent or repetitive basis for which
products with recycled content may be substituted. Each waste
reduction plan shall prescribe that it will be the policy of
the institution to purchase products with recycled content
whenever such products have met specifications and standards of
equivalent products which do not contain recycled content.
(f) Each waste reduction plan developed in accordance with

SB3069 - 112 - LRB100 18001 MJP 33188 b
this Section shall be submitted to the Agency Department of
Commerce and Economic Opportunity for review and approval. The
Agency's Department's review shall be conducted in cooperation
with the Board of Higher Education and the Illinois Community
College Board.
(g) The Agency Department of Commerce and Economic
Opportunity shall provide technical assistance, technical
materials, workshops and other information necessary to assist
in the development and implementation of the waste reduction
plans. The Agency Department shall develop guidelines and
funding criteria for providing grant assistance to
institutions for the implementation of approved waste
reduction plans.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 20/5) (from Ch. 111 1/2, par. 7055)
Sec. 5. Informational Clearinghouse. The Department of
Commerce and Economic Opportunity, in cooperation with the
Environmental Protection Agency, shall maintain a central
clearinghouse of information regarding the implementation of
this Act. In particular, this clearinghouse shall include data
regarding solid waste research and planning, solid waste
management practices, markets for recyclable materials and
intergovernmental cooperation.
(Source: P.A. 94-793, eff. 5-19-06.)

SB3069 - 113 - LRB100 18001 MJP 33188 b
(415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
Sec. 6. The Agency Department of Commerce and Economic
Opportunity shall be the lead agency for implementation of this
Act and shall have the following powers:
(a) To provide technical and educational assistance for
applications of technologies and practices which will minimize
the land disposal of non-hazardous solid waste; economic
feasibility of implementation of solid waste management
alternatives; analysis of markets for recyclable materials and
energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and
environmental impacts; evaluation of financing and ownership
options; and evaluation of plans prepared by units of local
government pursuant to Section 22.15 of the Environmental
Protection Act.
(b) (Blank). To provide technical assistance in siting
pollution control facilities, defined as any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station or waste incinerator.
(c) To provide loans or recycling and composting grants to
businesses and not-for-profit and governmental organizations
for the purposes of increasing the quantity of materials
recycled or composted in Illinois; developing and implementing
innovative recycling methods and technologies; developing and
expanding markets for recyclable materials; and increasing the
self-sufficiency of the recycling industry in Illinois. The

SB3069 - 114 - LRB100 18001 MJP 33188 b
Agency Department shall work with and coordinate its activities
with existing for-profit and not-for-profit collection and
recycling systems to encourage orderly growth in the supply of
and markets for recycled materials and to assist existing
collection and recycling efforts.
The Agency Department shall develop a public education
program concerning the importance of both composting and
recycling in order to preserve landfill space in Illinois.
(d) To establish guidelines and funding criteria for the
solicitation of projects under this Act, and to receive and
evaluate applications for loans or grants for solid waste
management projects based upon such guidelines and criteria.
Funds may be loaned with or without interest.
(e) To support and coordinate solid waste research in
Illinois, and to approve the annual solid waste research agenda
prepared by the University of Illinois.
(f) To provide loans or grants for research, development
and demonstration of innovative technologies and practices,
including but not limited to pilot programs for collection and
disposal of household wastes.
(g) To promulgate such rules and regulations as are
necessary to carry out the purposes of subsections (c), (d) and
(f) of this Section.
(h)(Blank). To cooperate with the Environmental Protection
Agency for the purposes specified herein.
The Agency Department is authorized to accept any and all

SB3069 - 115 - LRB100 18001 MJP 33188 b
grants, repayments of interest and principal on loans, matching
funds, reimbursements, appropriations, income derived from
investments, or other things of value from the federal or state
governments or from any institution, person, partnership,
joint venture, corporation, public or private.
The Agency Department is authorized to use moneys available
for that purpose, subject to appropriation, expressly for the
purpose of implementing a loan program according to procedures
established pursuant to this Act. Those moneys shall be used by
the Agency Department for the purpose of financing additional
projects and for the Agency's Department's administrative
expenses related thereto.
(Source: P.A. 94-91, eff. 7-1-05.)
(415 ILCS 20/6a) (from Ch. 111 1/2, par. 7056a)
Sec. 6a. The Agency Department of Commerce and Economic
Opportunity shall:
(1) Work with nationally based consumer groups and
trade associations to support the development of
nationally recognized logos which may be used to indicate
whether a container and any other consumer products which
are claimed to be recyclable by a product manufacturer are
recyclable, compostable, or biodegradable.
(2) Work with nationally based consumer groups and
trade associations to develop nationally recognized
criteria for determining under what conditions the logos

SB3069 - 116 - LRB100 18001 MJP 33188 b
may be used.
(3) Develop and conduct a public education and
awareness campaign to encourage the public to look for and
buy products in containers which are recyclable or made of
recycled materials.
(4) Develop and prepare educational materials
describing the benefits and methods of recycling for
distribution to elementary schools in Illinois.
(Source: P.A. 99-306, eff. 1-1-16.)
(415 ILCS 20/7) (from Ch. 111 1/2, par. 7057)
Sec. 7. It is the intent of this Act to provide the
framework for a comprehensive solid waste management program in
Illinois.
The Department shall prepare and submit to the Governor and
the General Assembly on or before January 1, 1992, a report
evaluating the effectiveness of the programs provided under
this Act and Section 22.14 of the Environmental Protection Act;
assessing the need for a continuation of existing programs,
development and implementation of new programs and appropriate
funding mechanisms; and recommending legislative and
administrative action to fully implement a comprehensive solid
waste management program in Illinois.
The Department shall investigate the suitability and
advisability of providing tax incentives for Illinois
businesses to use recycled products and purchase or lease

SB3069 - 117 - LRB100 18001 MJP 33188 b
recycling equipment, and shall report to the Governor and the
General Assembly by January 1, 1987, on the results of this
investigation.
By July 1, 1989, the Department shall submit to the
Governor and members of the General Assembly a waste reduction
report:
(a) that describes various mechanisms that could be
utilized to stimulate and enhance the reduction of
industrial and post-consumer waste in the State, including
their advantages and disadvantages. The mechanisms to be
analyzed shall include, but not be limited to, incentives
for prolonging product life, methods for ensuring product
recyclability, taxes for excessive packaging, tax
incentives, prohibitions on the use of certain products,
and performance standards for products; and
(b) that includes specific recommendations to
stimulate and enhance waste reduction in the industrial and
consumer sector, including, but not limited to,
legislation, financial incentives and disincentives, and
public education.
The Agency Department of Commerce and Economic
Opportunity, with the cooperation of the State Board of
Education, the Illinois Environmental Protection Agency, and
others as needed, shall develop, coordinate and conduct an
education program for solid waste management and recycling. The
program shall include, but not be limited to, education for the

SB3069 - 118 - LRB100 18001 MJP 33188 b
general public, businesses, government, educators and
students.
The education program shall address, at a minimum, the
following topics: the solid waste management alternatives of
recycling, composting, and source reduction; resource
allocation and depletion; solid waste planning; reuse of
materials; pollution prevention; and household hazardous
waste.
The Agency Department of Commerce and Economic Opportunity
shall cooperate with municipal and county governments,
regional school superintendents, education service centers,
local school districts, and planning agencies and committees to
coordinate local and regional education programs and workshops
and to expedite the exchange of technical information.
By March 1, 1989, the Department shall prepare a report on
strategies for distributing and marketing landscape waste
compost from centralized composting sites operated by units of
local government. The report shall, at a minimum, evaluate the
effects of product quality, assured supply, cost and public
education on the availability of compost, free delivery, and
public sales composting program. The evaluation of public sales
programs shall focus on direct retail sale of bagged compost at
the site or special distribution centers and bulk sale of
finished compost to wholesalers for resale.
(Source: P.A. 94-793, eff. 5-19-06.)

SB3069 - 119 - LRB100 18001 MJP 33188 b
(415 ILCS 20/8)
Sec. 8. Recycling Economic Development Program. On or
before March 1, 1994, the Department shall issue a Request for
Proposals that invites individuals, not-for-profit
corporations, and small businesses to submit proposals to
develop enterprises that use secondary materials that are
collected in municipal and business recycling programs for the
manufacture of recycled-content products. Grants to qualified
applicants shall not exceed $50,000 for any one proposal. The
Department shall provide grants in an amount not to exceed
$150,000 during any one fiscal year. The terms of the grants
shall be determined by the Department. This program shall
operate for a period not to exceed 2 years.
The Department shall give priority to proposals that will
create small scale businesses in economically depressed areas.
In determining the most viable proposals, the Department may
consider, in addition to its regular market development program
guidelines, the nature of the business, its capital needs,
benefits to the community, program budget constraints, local
financing opportunities, and the type of secondary material
that will be used as feedstock in the reuse or remanufacturing
process.
The Department shall hold at least 2 informational meetings
in the State to publicize the existence of this recycling
economic redevelopment Request for Proposals and shall provide
technical assistance to any potential respondent desiring such

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assistance. Grant recipients shall prepare and submit to the
Department a one year progress report which the Department
shall summarize and submit to the General Assembly along with
recommendations on measures that the State can undertake to
stimulate small-scale market development ventures,
particularly in economically-depressed areas.
None of the provisions of this Section shall limit or
affect other programs administered by the Agency Department
pursuant to this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 970. The Recycled Newsprint Use Act is amended by
changing Sections 2002.03, 2004, 2005, 2007, 2008, 2010, 2011,
2012, and 2013 as follows:
(415 ILCS 110/2002.03 new)
Sec. 2002.03. Agency. "Agency" means the Environmental
Protection Agency.
(415 ILCS 110/2004) (from Ch. 96 1/2, par. 9754)
Sec. 2004. Consumer usage certification. Each consumer of
newsprint within the State shall, on or before March 1 of each
year, certify to the Agency Department the amount in tons of
every type of newsprint used by the consumer of newsprint the
previous year and the percentage of recycled fibers present in
each type of newsprint, so that the Agency Department can

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calculate the recycled fiber usage for that consumer of
newsprint. All Illinois consumers of newsprint shall submit the
first consumer usage certificate by March 1, 1992, for the
calendar year 1991. Only consumers of newsprint who provide
timely usage certificates shall receive credit for recycled
fiber usage.
(Source: P.A. 91-583, eff. 1-1-00.)
(415 ILCS 110/2005) (from Ch. 96 1/2, par. 9755)
Sec. 2005. Audit. Every consumer of newsprint who submits
recycled fiber usage certification may be subject to an audit
by the Agency Department to ensure that the recycled fiber
percentage requirement was met.
(Source: P.A. 86-1443.)
(415 ILCS 110/2007) (from Ch. 96 1/2, par. 9757)
Sec. 2007. List identifying consumers and suppliers. For
the purposes of implementing and enforcing this Act, the Agency
Department shall develop and maintain a list that identifies
every consumer of newsprint in Illinois and every person who
supplies a consumer of newsprint with newsprint. The Agency
Department may use information from local business permits,
trade publications, or any other relevant information to
develop the list.
(Source: P.A. 86-1443.)

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(415 ILCS 110/2008) (from Ch. 96 1/2, par. 9758)
Sec. 2008. Comparable quality standards.
(a) For the purposes of implementing and enforcing this
Act, the Agency Department shall set comparable quality
standards for each of the grades of newsprint available from
all suppliers of newsprint to determine the comparable quality
of recycled content newsprint to virgin material. The standards
shall be based on the average numerical standards of printing
opacity, brightness level, and cross machine tear strength.
(b) The Agency Department shall review its standards at
least once every 2 years and determine whether they should be
adjusted to reflect changes in industry standards and
practices, and if so, the Agency Department shall set new
standards.
(Source: P.A. 86-1443.)
(415 ILCS 110/2010) (from Ch. 96 1/2, par. 9760)
Sec. 2010. Content of delivered newsprint. If any person
knowingly provides a consumer of newsprint with a false or
misleading certificate concerning the recycled fiber
percentage of the delivered newsprint, the Agency Department,
within 30 days of making this determination, shall refer the
false or misleading certificate to the Attorney General for
prosecution for fraud.
(Source: P.A. 86-1443.)

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(415 ILCS 110/2011) (from Ch. 96 1/2, par. 9761)
Sec. 2011. Consumer use certificate. Any consumer of
newsprint who knowingly provides the Agency Department with a
false or misleading certificate concerning the percentage of
recycled fiber used commits a Class C misdemeanor, and the
Agency Department, within 30 days of making this determination,
shall refer the false or misleading certificate to the Attorney
General for prosecution.
(Source: P.A. 86-1443.)
(415 ILCS 110/2012) (from Ch. 96 1/2, par. 9762)
Sec. 2012. Prices; confidential proprietary information.
Specific information on newsprint prices included as part of a
certificate submitted to the Agency Department by newsprint
consumers or suppliers is proprietary information and shall not
be made available to the general public.
(Source: P.A. 86-1443.)
(415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
Sec. 2013. Mandatory recycling.
(a) If the Department determines that the 1993 annual
aggregate average of recycled fiber usage does not meet or
exceed the goal established in Section 2003 of this Act, the
provisions of this Section shall be implemented.
(b) During the year 1994 every consumer of newsprint in
Illinois shall be required to ensure that its recycled fiber

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usage is at least 28%, unless he complies with subsection (c)
or (d).
(c) If recycled content newsprint cannot be found that
meets quality standards established by the Agency Department,
or if recycled content newsprint cannot be found in sufficient
quantities to meet recycled fiber usage requirements within a
given year, or if recycled newsprint cannot be found at a price
comparable to that of newsprint made from 100% virgin fibers,
the consumer of newsprint shall so certify to the Agency
Department and provide the Agency Department with the specific
reasons for failing to meet recycled fiber usage requirements.
(d) A consumer of newsprint who has made previous contracts
with newsprint suppliers before January 1, 1991, may be exempt
from the requirements of this Act if those requirements are in
conflict with the agreements set forth in the contract. The
consumer of newsprint must conform to the conditions of this
Act immediately upon expiration or nullification of the
contract. Contracts may not be entered into or renewed as an
attempt to evade the requirements of this Act.
(e) Any consumer of newsprint who knowingly provides the
Agency Department with a false or misleading certificate
concerning why the consumer of newsprint was unable to obtain
the minimum amount of recycled content newsprint needed to
achieve the recycled fiber usage requirements, commits a Class
C misdemeanor, and the Agency Department, within 30 days of
making this determination, shall refer the false or misleading

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certificate to the Attorney General for prosecution.
(f) Any person who knowingly violates subsection (b) of
this Section is guilty of a business offense punishable by a
fine of not more than $1,000.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 975. The Alternate Fuels Act is amended by changing
Sections 15, 25, 31, and 32 as follows:
(415 ILCS 120/15)
Sec. 15. Rulemaking. The Agency shall promulgate rules and
dedicate sufficient resources to implement the purposes of
Section 30 of this Act. Such rules shall be consistent with the
provisions of the Clean Air Act Amendments of 1990 and any
regulations promulgated pursuant thereto. The Secretary of
State may promulgate rules to implement Section 35 of this Act.
The Agency Department of Commerce and Economic Opportunity may
promulgate rules to implement Section 25 of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 120/25)
Sec. 25. Ethanol fuel research program. The Agency may
Department of Commerce and Economic Opportunity shall
administer a research program to reduce the costs of producing
ethanol fuels and increase the viability of ethanol fuels, new
ethanol engine technologies, and ethanol refueling

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infrastructure. This research shall be funded from the
Alternate Fuels Fund. The research program shall remain in
effect, subject to appropriation after calendar year 2004, or
until funds are no longer available.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 120/31)
Sec. 31. Alternate Fuel Infrastructure Program. Subject to
appropriation, the Agency may Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall establish a grant program to provide funding
for the building of E85 blend, propane, at least 20% biodiesel
blended fuel, and compressed natural gas (CNG) fueling
facilities, including private on-site fueling facilities, to
be built within the covered area or in Illinois metropolitan
areas over 100,000 in population. The Agency Department of
Commerce and Economic Opportunity shall be responsible for
reviewing the proposals and awarding the grants.
(Source: P.A. 94-62, eff. 6-20-05.)
(415 ILCS 120/32)
Sec. 32. Clean Fuel Education Program. Subject to
appropriation, the Agency Department of Commerce and Economic
Opportunity, in cooperation with the Agency and Chicago Area
Clean Cities, may shall administer the Clean Fuel Education
Program, the purpose of which is to educate fleet

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administrators and Illinois' citizens about the benefits of
using alternate fuels. The program shall include a media
campaign.
(Source: P.A. 94-793, eff. 5-19-06.)
(815 ILCS 355/Act rep.)
Section 980. The Hot Water Heater Efficiency Act is
repealed.
(815 ILCS 440/Act rep.)
Section 985. The Waste Oil Recovery Act is repealed.
Section 990. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part

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out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond Act,
funds for school infrastructure under Section 6z-45 of the
State Finance Act, and funds for transportation purposes under
Section 4 of the General Obligation Bond Act. "Public works"
also includes (i) all projects financed in whole or in part
with funds from the Environmental Protection Agency Department
of Commerce and Economic Opportunity under the Illinois
Renewable Fuels Development Program Act for which there is no
project labor agreement; (ii) all work performed pursuant to a
public private agreement under the Public Private Agreements
for the Illiana Expressway Act or the Public-Private Agreements

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for the South Suburban Airport Act; and (iii) all projects
undertaken under a public-private agreement under the
Public-Private Partnerships for Transportation Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes the
construction of a new wind power facility by a business
designated as a High Impact Business under Section 5.5(a)(3)(E)
of the Illinois Enterprise Zone Act. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
also includes any corrective action performed pursuant to Title
XVI of the Environmental Protection Act for which payment from
the Underground Storage Tank Fund is requested. "Public works"
does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence. "Public works" does not
include work performed for soil and water conservation purposes
on agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment

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whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus

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annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
7-16-14.)
Section 9997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 9999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
New Act
20 ILCS 627/15
20 ILCS 627/20
20 ILCS 687/6-3
20 ILCS 687/6-4
20 ILCS 687/6-5
20 ILCS 687/6-5.5
20 ILCS 687/6-6
20 ILCS 689/5
20 ILCS 689/10
20 ILCS 689/15
20 ILCS 689/25
20 ILCS 689/30
20 ILCS 1105/1 from Ch. 96 1/2, par. 7401
20 ILCS 1105/3 from Ch. 96 1/2, par. 7403
20 ILCS 1115/4 from Ch. 96 1/2, par. 7604
20 ILCS 1115/5 rep.
20 ILCS 3125/10
20 ILCS 3125/15
20 ILCS 3125/25
20 ILCS 3125/30
20 ILCS 3954/20
105 ILCS 5/10-20.19c from Ch. 122, par. 10-20.19c
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105 ILCS 5/34-18.15 from Ch. 122, par. 34-18.15
415 ILCS 5/21.6 from Ch. 111 1/2, par. 1021.6
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
415 ILCS 5/22.16b from Ch. 111 1/2, par. 1022.16b
415 ILCS 5/22.23 from Ch. 111 1/2, par. 1022.23
415 ILCS 5/55.3 from Ch. 111 1/2, par. 1055.3
415 ILCS 5/55.7 from Ch. 111 1/2, par. 1055.7
415 ILCS 5/58.14a
415 ILCS 5/58.15
415 ILCS 5/6.1 rep.
415 ILCS 15/7 from Ch. 85, par. 5957
415 ILCS 15/8 rep.
415 ILCS 15/8.5 rep.
415 ILCS 20/2.1 from Ch. 111 1/2, par. 7052.1
415 ILCS 20/3 from Ch. 111 1/2, par. 7053
415 ILCS 20/3.1 from Ch. 111 1/2, par. 7053.1
415 ILCS 20/5 from Ch. 111 1/2, par. 7055
415 ILCS 20/6 from Ch. 111 1/2, par. 7056
415 ILCS 20/6a from Ch. 111 1/2, par. 7056a
415 ILCS 20/7 from Ch. 111 1/2, par. 7057
415 ILCS 20/8
415 ILCS 110/2002.03 new
415 ILCS 110/2004 from Ch. 96 1/2, par. 9754
415 ILCS 110/2005 from Ch. 96 1/2, par. 9755
415 ILCS 110/2007 from Ch. 96 1/2, par. 9757
415 ILCS 110/2008 from Ch. 96 1/2, par. 9758
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