HB1075sam004 - Solid Waste and Other Funds Summary

Solid Waste Management Fund

• The agency deposits fees into the Solid Waste Management Fund.

• If a site is contiguous to other landfills owned by the same entity, volumes are combined to determine the fee.

• From July 1, 2018, the State Comptroller and Treasurer transfer 1/12 of $5,000,000$ per fiscal year from the Solid Waste Management Fund to the General Revenue Fund, from fiscal years 2019 through 2025.

Non-Hazardous Solid Waste Disposal Fees

• More than 150,000 Cubic Yards:

  • Fee of 95 cents per cubic yard.

  • Alternative: Weigh the waste using a certified device and pay $2.00$ per ton.

  • Maximum fee: $1.55$ per cubic yard or $3.27$ per ton.

• More than 100,000 but not more than 150,000 Cubic Yards:

  • Fee of $52,630$.

• More than 50,000 but not more than 100,000 Cubic Yards:

  • Fee of $23,790$.

• More than 10,000 but not more than 50,000 Cubic Yards:

  • Fee of $7,260$.

• Not more than 10,000 Cubic Yards:

  • Fee of $1050$.

Agency Rules for Fee Collection

The Agency is required to create regulations around collecting fees, including:

• Records to identify solid waste quantities received or disposed.

• Report forms and submission procedures for fee payments.

• Payment timing and methods, which cannot be more frequent than quarterly.

• Criteria for when measurement by weight or volume is allowed during a payment period.

Use of Monies in the Solid Waste Management Fund

• All monies in the Solid Waste Management Fund shall be used by the Agency.

• Authorized uses include:

  • Costs of fee collection and administration.

  • Administration of the Paint Stewardship Act.

  • Administration of the Consumer Electronics Recycling Act.

  • Administration of the Drug Take-Back Act.

  • Administration of the Statewide Recycling Needs Assessment Act.

Agreements and Rules

• The Agency can enter into agreements and create rules to perform its duties under this section and the Illinois Solid Waste Management Act.

Transfer to Hazardous Waste Fund

• On January, April, July, and October 1st of each year, beginning on July 1, 1996, the State Comptroller and Treasurer must transfer $500,000$ from the Solid Waste Management Fund to the Hazardous Waste Fund.

• Transferred funds can only be used for purposes in item (1) of subsection (d) of Section 22.2.

Financial Assistance to Local Governments

• The Agency is authorized to provide financial assistance to local government units for inspecting, investigating, and enforcement activities at nonhazardous solid waste disposal sites, as per subsection (r) of Section 4.

Household Waste Programs

• The Agency can conduct household waste collection and disposal programs.

Local Government Fees, Taxes, or Surcharges

• A local government unit where a solid waste disposal facility is located may establish a fee, tax, or surcharge for permanent solid waste disposal.

• Collected funds must be used for solid waste management, including landfill monitoring, planning, implementation, inspection, enforcement, or environment-related purposes (not including new pollution control facilities beyond household hazardous waste facilities).

• Total fees, taxes, and surcharges imposed by local governments on the facility must not exceed:

  • 60¢ per cubic yard if more than 150,000 cubic yards are disposed of annually, or $1.27$ per ton if the waste quantity is weighed with a certified device.

  • $33,350$ if more than 100,000 but not more than 150,000 cubic yards are disposed of annually.

  • $15,500$ if more than 50,000 but not more than 100,000 cubic yards are disposed of annually.

  • $4,650$ if more than 10,000 but not more than 50,000 cubic yards are disposed of annually.

  • $650$ if not more than 10,000 cubic yards are disposed of annually.

Use of Proceeds

• Local authorities may use proceeds to reimburse highway commissioners for removing illegally dumped nonhazardous waste on public property.

• For solid waste from general construction or demolition debris recovery facilities, the total local government fee, tax, or surcharge must not exceed 50% of the amounts listed above.

• A county or Municipal Joint Action Agency may use the proceeds to reimburse a municipality for expenses incurred in the removal of nonhazardous, nonfluid municipal waste.

• If fees are used for a local landfill inspection program, the local government must have a written delegation agreement with the Agency pursuant to subsection (r) of Section 4.

Fund Management

• Fees, taxes, or surcharges collected under this subsection must be placed in a separate fund by the local government, with interest credited to the fund.

• Monies can be accumulated and spent in accordance with this subsection over a period of years.

Reporting Requirements

• Local governments must prepare and post on their website an annual report in April.

• The report must include:

  • Total monies collected pursuant to this subsection.

  • The most current balance of monies collected pursuant to this subsection.

  • An itemized accounting of all monies expended for the previous year pursuant to this subsection.

  • An estimation of monies to be collected for the following 3 years pursuant to this subsection.

  • A narrative detailing the general direction and scope of future expenditures for one, 2 and 3 years.

Exemptions to the Fee

• Exemptions under Sections 22.16 and 22.16a, and subsection (k) of this Section, apply to any fee, tax or surcharge imposed under this subsection (j).

• 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.

Exemptions

Beginning January 1, 1989, the fees do not apply to:

• Hazardous waste

• Pollution control waste

• Waste from recycling/reclamation processes approved by the Agency that remove contaminants and render at least 50% of the waste reusable (excluding general construction or demolition debris recovery facilities).

• Non-hazardous solid waste composted or recycled at a permitted sanitary landfill.

• Landfills permitted to receive only demolition, construction debris, or landscape waste.

Used Tire Management Fund

Creation and Deposits

• A special fund in the State Treasury for the management of used tires.

• Deposits include:

  • Recovered costs or proceeds from the sale of used tires under Section 55.3.

  • Repayment of loans from the Used Tire Management Fund.

  • Penalties or punitive damages for violations of this Title, except as provided by subdivision (b) (4) or (b) (4-5) of Section 42.

    • Starting January 1, 1992, site owners or operators registered or permitted under subsection (d) or (d-5) of Section 55 must pay an annual fee of $100$, deposited into the Environmental Protection Permit and Inspection Fund.

Allocation of Funds (Up to $4 Million per Fiscal Year$)

• 38% to the Agency for:

  • Preventive, corrective, or removal action.

  • Inspection and enforcement activities for used and waste tire sites.

  • Financial assistance to local governments for inspecting, investigating, and enforcement activities at used and waste tire sites.

  • Financial assistance for local government or non-profit corporation-sponsored used and waste tire collection projects.

  • Costs of fee collection and administration related to used and waste tires.

  • Financial assistance to local governments and private industry for:

    • Establishing facilities and programs to collect, process, and utilize used and waste tires and tire-derived materials.

    • Demonstrating innovative technologies for collecting, storing, processing, and utilizing used and waste tires and tire-derived materials.

    • Applying demonstrated technologies for collecting, storing, processing, and utilizing used and waste tires and tire-derived materials.

• 23% shall be deposited into the General Revenue Fund. The transfers are at the direction of the Agency and shall be made within 30 days after the end of each quarter.

• 25% to the Illinois Department of Public Health for:

  • Investigating threats to public health related to mosquitoes and other vectors of disease associated with improper tire storage, waste disposal, or natural conditions.

  • Surveillance and monitoring activities for mosquitoes and other arthropod vectors of disease, and surveillance of animals which provide a reservoir for disease-producing organisms.

  • Training activities to promote vector control programs and integrated pest management.

  • Responding to inquiries, investigating complaints, conducting evaluations, and providing technical consultation to help reduce or eliminate public health hazards and nuisance conditions associated with mosquitoes and other vectors.

  • Financial assistance to units of local government for training, investigation, and response to public nuisances associated with mosquitoes and other vectors of disease.

• 2% to the Department of Agriculture for activities under the Illinois Pesticide Act relating to used and waste tires.

• 2% to the Pollution Control Board for administration of its activities relating to used and waste tires.

• 10% to the University of Illinois for Prairie Research Institute to research tire-breeding arthropods.

Reporting Requirements

• Each State agency receiving an appropriation from the Used Tire Management Fund must report to the Governor and the General Assembly on its activities relating to the Fund by January 1, 1998, and biennially thereafter.

Reversion of Funds

• Any monies appropriated from the Used Tire Management Fund, but not obligated, shall revert to the Fund.

• In fund administration, appropriate funding assistance must be provided to any municipality with a population over 1,000,000 or to any sanitary district which serves a population over 1,000,000.

Allocation of Excess Monies (Above $4 Million Per Fiscal Year$)

• 55% shall be available to the Agency and, in State fiscal years year 2025 and 2026 only, the Department of Commerce and Economic Opportunity for the following purposes, provided that priority shall be given to subparagraph (A):

  • To undertake preventive, corrective or renewed action as authorized.

  • To assistance to units of local government and private industry for the purposes of:

    • assisting in the establishment of facilities and programs to collect, process, and utilize used and waste tires and tire-derived materials

    • demonstrating the feasibility of innovative technologies as a means of collecting, storing, processing, and utilizing used and waste tires and tire-derived materials; and

Grants

• To provide grants to public universities and private industry for research and development related to reducing the toxicity of tires and tire materials, vector-related research, disease-related research, and related laboratory-based equipment and field-based equipment.

  • The other 45% shall be deposited into the General Revenue Fund. Prior to the fiscal year beginning July 1, 2023, such transfers are at the direction of the Department of Revenue, and shall be made within 30 days after the end of each quarter. Beginning with the fiscal year beginning July 1, 2023, such transfers are at the direction of the Agency and shall be made within 30 days after the end of each quarter.

Underground Storage Tank Fund

Creation and Deposits

• A special fund in the State Treasury for underground storage tanks.

• Deposits include:

  • Fees from underground storage tanks under Sections 4 and 5 of the Gasoline Storage Act.

  • Fees pursuant to the Motor Fuel Tax Law.

  • Beginning July 1, 2013, payments pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act.

• Amounts are invested by the State Treasurer, with income deposited back into the Fund quarterly.

• From July 1, 2018, through fiscal years 2019 through 2025, the State Comptroller and Treasurer transfer 1/12 of $10,000,000$ from the Underground Storage Tank Fund to the General Revenue Fund.

Authorized Uses

Moneys may be used by the Agency and the Office of the State Fire Marshal for:

• Taking action under Section 57.12 and recovering costs.

• Assisting in reducing and mitigating damage caused by leaks, such as providing alternative water supplies.

• Matching amounts toward federal assistance for petroleum releases.

• Administering activities related to the Fund.

• Corrective action costs and indemnification to operators of underground storage tanks.

• Demonstration projects to assess corrective action viability at sites with petroleum releases.

• Costs of administering activities relative to the Fund and for refunds under Section 13a.8 of the Motor Fuel Tax Law (for the Department of Revenue).

Emergency Action

• The Office of the State Fire Marshal or the Agency may take emergency action to ensure public health and safety is not threatened by a release or substantial threat of release of petroleum from an underground storage tank.

Debt Service

• Beginning July 1, 1993, the Governor certifies the monthly amount needed to pay debt service on State obligations.

• The Comptroller and Treasurer transfer the certified amount from the Underground Storage Tank Fund to the General Obligation Bond Retirement and Interest Fund on the last day of each month, plus any cumulative deficiency from prior months.

Exemption

• The Underground Storage Tank Fund is not subject to administrative charges under Section 8h of the State Finance Act, except as provided in subsection (c).

Legacy Sites

• Each fiscal year, the Agency may commit up to $10,000,000$ for corrective action costs at legacy sites that meet specified criteria as a result of the underground storage tank release if an underground storage tank release was reported prior to January 1, 2005, the owner or operator has been determined eligible to receive payment from the Fund for corrective action costs, and the Agency did not receive any applications for payment prior to January 1, 2010.

• Criteria include:

  • Presence of free product.

  • Contamination within a regulated recharge area, wellhead protection area, or setback zone of a potable water supply well.

  • Contamination extending beyond the site boundaries.

  • Other criteria adopted in Agency rules.

• Fund moneys committed are held for payment of these costs.

• This does not limit the use of Fund moneys at legacy sites as otherwise provided.

Surplus Deposits

• 75% shall be paid into the State treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund, if the amounts deposited into the Fund from fees are sufficient to pay all claims.

Open Space Lands Acquisition and Development Act

Grants to Local Governments

• The Department shall make grants to local governments for capital development and improvement of park, recreation or conservation areas.

• These grants are financial assistance for the capital development and improvement of park, recreation or conservation areas, marinas and shorelines, including planning and engineering costs, and for the acquisition of open space lands.

• No more than 10% of the appropriated amount for any fiscal year may be committed or expended on one project.

• Except for grants awarded from new appropriations in fiscal years 2023 through fiscal year 2025, any grant shall be conditioned on the state providing assistance on a 50/50 matching basis.

Distressed Local Governments

• A local government defined as "distressed" may be eligible for assistance up to 90% for acquisition of open space lands and capital development, but no more than 10% of the appropriated amount may be made available as grants to distressed local governments.

• For fiscal years 2023 through 2025 only, distressed local governments are eligible for up to 100% assistance. The Department may make more than 10% of the amount appropriated in fiscal years 2023 through fiscal year 2025 available as grants to distressed local governments.

Advance Payment

• An advance payment of a minimum of 50% of any grant must be paid to the unit of local government at the time the Department awards the grant.

  • A unit of local government may opt out of the advanced payment option at the time of the award of the grant.

• The remainder shall be distributed quarterly on a reimbursement basis.

Grant Extension

• The Department shall consider an applicant's request for an extension to a grant if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made.

Pretrial Services Act

Definitions

• Director: The Director of the Office of Statewide Pretrial Services.

• Division: Meaning provided in Section 9b of the Probation and Probation Officers Act.

• Local pretrial services agency: A pretrial services agency other than the Office who is providing pretrial services.

• Pretrial services agency: Any agency providing services to the circuit court as provided for in this Act.

• Office: The Office of Statewide Pretrial Services.

• Peace officer: Includes pretrial officers.

• Pretrial officer: A person employed with the Office or with a local pretrial services agency who.

Provisions

• Pretrial services are provided by a local agency or the Office.

  • Each pretrial officer must take an oath to support the constitution and laws, and perform duties faithfully.

    • Local officers take the oath before the Chief Judge of their circuit.

    • Office officers take the oath before the Director.

• The pretrial services agency shall provide written notification to supervised persons of court appearance obligations, and may require their periodic reporting by letter, telephone or personal appearance to verify such compliance.

• The pretrial services agency shall regularly monitor the arrest records of local law enforcement agencies to determine whether any supervised person has been formally charged with the commission of a new offense.

• The Office shall pay from funds appropriated to it for this purpose 100% of the salary, current funding sources, and implement the services for all pretrial officer and pretrial supervisor positions employed by local pretrial services agencies.

Revised Uniform Unclaimed Property Act

Deposit of Funds

• Deposit all funds into Unclaimed Property Trust Fund.

  • The administrator may deposit any amount in the Unclaimed Property Trust Fund into the State Pensions Fund during the fiscal year at his or her discretion; however, he or she shall, on April 15 and October 15 of each year, deposit any amount in the Unclaimed Property Trust Fund exceeding $2,500,000$ into the State Pensions Fund.

Illinois Works Jobs Program Act

Illinois Works Preapprenticeship Program

• Established and administered by the Department. Goal is to create a network of community-based organizations for recruiting, screening, and providing pre-apprenticeship skills training.

  • The Illinois Works Fund is created in the State treasury. The Illinois Works Fund shall be administered by the Department. The Illinois Works Fund shall be used to provide funding for community-based organizations throughout the State.

    • In addition to any other transfers that may be provided for by law, beginning July 1, 2024 and each July 1 thereafter, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer $20,000,0000$ from the Capital Projects Fund to the Illinois Works Fund.

• Requires annual reports from community-based organizations to the Illinois Works Review Panel.

Illinois Works Bid Credit Program

• Administered by the Department. Provides economic incentives (bid credits) to contractors and subcontractors to provide contracting and employment opportunities to historically underrepresented populations.

• Credits are earned for employing apprentices who completed the Illinois Works Preapprenticeship Program.

• The Illinois Works Credit Bank is created to track bid credits.

  • Establishes conditions for earning and using bid credits, including a rate established by the Department.
    Report (i) the number of bid credits awarded by the Departmen; (ii)the number of bid credits submitted by the contractor or subcontractor to the agency administering the public works contract; and (iii) the number of bid credits accepted by the agency for such contract. Any agency that awards bid credits pursuant to the Illinois Works Credit Bank Program shall report to the Department the number of bid credits it accepted for the public works contract.

University of Illinois Act

Powers of Trustees

Pertaining to universities, the powers of trustees:

• Providing buildings, apparatus, and conveniences.

• Fixing tuition rates.

• Appointing professors and instructors.

• Establishing model farms, art, and other departments.

• May lease to nonprofit corporations all or any part of the land, buildings, or services.

Chicago Quantum Exchange

• Finance, design, construct, enlarge, improve, equip, complete, operate, control, and manage a facility or facilities for the research and development of quantum information sciences and technologies and may be paid with funds appropriated to the Capital Development Board from the Build Illinois Bond Fund.

Purchase of Real Property

• To purchase real property and easements, and (b) to acquire real property and easements in the manner provided by law for the exercise of the right of eminent domain, and in the event negotiations for the acquisition of real property or easements for making any improvement which the Trustees are authorized to make shall have proven unsuccessful and the Trustees shall have by resolution adopted a schedule or plan of operation for the execution of the project and therein made a finding that it is necessary to take such property or easements immediately or at some specified later date in order to comply with the schedule, the Trustees may acquire such property or easements in the same manner provided in Article 20 of the Eminent Domain Act (quick-take procedure).

Illinois Administrative Procedure Act

Emergency Rulemaking

• Emergency Rulemaking; Substance Use Disorder Act:
  Emergency rules implementing the changes made to that Section by this amendatory Act of the 104th General Assembly may be adopted in accordance with Section 5-45 by the Department of Human Services or any other agency essential to the implementation of the changes. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

• Emergency Rulemaking Illinois Public Act Code :
  Emergency Rule making is authorized any agency essential to the implementation of the changes. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

Mental Health and Developmental Disabilities Administrative Act

• Increase/decrease rates & reimbursements to fund the various provisions that are being stated (rules regarding how this happens are to be put in place with direction by the Department).

Illinois Public Aid code

Department of Healthcare and Family Services

• Shall develop standards of payment of nursing facility and ICF/DD services in facilities providing such services under this Article which:

• Provide for the determination of a facility's payment for nursing facility or ICF/DD services on a prospective basis.

• Shall take into account the actual costs incurred by facilities in providing services for recipients of skilled nursing and intermediate care services under the medical assistance program.

• Shall take into account the medical and psycho-social characteristics and needs of the patients.

• Shall take into account the actual costs incurred by facilities in meeting licensing and certification standards imposed and prescribed by the State of Illinois, any of its political subdivisions or municipalities and by the U.S. Department of Health and Human Services pursuant to Title XIX of the Social Security Act.

  • Effective July 1, 2021, shall include an increase sufficient to provide a $0.50 per hour increase for non-executive staff. Effective January 1, 2022 all facilities shall include an increase sufficient to provide all residential non-executive direct care staff which excludes aides to the average wage.

The Illinois Act On The Aging

Community Care Program

• The Department shall establish a program of services to prevent unnecessary institutionalization of persons age 60 and older in need of long term care

Preventive Measures:

• Home care aide services

• Personal assistant services

• Adult day services

• Home-delivered meals

• Education in self-care

• Personal care services

• Adult day health services

• Habilitation services

• Respite care

• Community reintegration services

• Flexible senior services

• Medication management

• Emergency home response

  Copayment

The level of such copayment shall be adjusted whenever necessary to reflect any change in the officially designated federal poverty standard