2010 Report

2010 REPORT

The following bills were passed by the General Assembly during 2010 and enacted into law, either with the Governor’s signature or through Legislative override of his veto. These laws may be of interest to your profession, business or clients you serve.

Affirmative Action 

SB 3249/ PA 96-1064: In the State Finance Act, applies the certification requirement to grants and loans (instead of contracts, grants, capital agreements, and appropriations) for capital construction costs or professional services (instead of capital construction, capital supplies, or capital services). Requires that each recipient submit the written certification and the business program plan (instead of only the business program plan) before the signing of (instead of with) the grant or loan agreement. Exempts certain specified categories of grants and loans. Requires that each grant or loan agreement include a provision that the recipient agrees to comply with the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and the equal employment practices of Section 2-105 of the Illinois Human Rights Act. In the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, permits waivers at the request of a grant or loan recipient subject to the State Finance Act requirements. Changes the effective date to immediate (instead of July 1, 2011).

SB 3817/ PA 96-1106: Amends the “Small Business Development Act” Article of the Build Illinois Act. Adds a definition of “veteran”, and provides that small businesses that are at least 51% owned and managed by one or more persons who are veterans are eligible for loans from the Department of Commerce and Economic Opportunity on the same terms as minority, female, or disability small businesses. Effective immediately

Capitol Development Board 

SB 3206/ PA 96-1204: Amends the Illinois Procurement Code. In provisions requiring separate bids for subdivisions of work for construction contracts in excess of $250,000, permits the waiver of the requirement during the next 4 years (now, 3 years) for Capital Development Board projects if specified conditions are met. Effective immediately.

Construction Demolition Debris 

SB 2490/ PA 96-1068: Amends the Environmental Protection Act. Exempts from regulation as a pollution control facility the portion of a site or facility that (i) accepts exclusively general construction or demolition debris, (ii) is located in a county with a population over 3,000,000 as of January 1, 2000 or a county that is contiguous to such a county (instead of a county with a population over 500,000), and (iii) is operated and located in accordance with another provision of the Act. Provides that this amendatory Act does not remove any liability for any operation, site, or facility operating without any required legal permit or authorization for activities taking place prior to the effective date. Effective immediately.

Codes/Safety 

HB 5664/ PA 96-1303: Creates the Greek Housing Fire Safety Act. Provides that in the case of a Greek housing structure (that is, a fraternity or sorority house) the construction of which is begun on or after January 1, 2011, that construction must include the installation of automatic fire sprinkler systems. Provides that in the case of a Greek housing structure construction of which was begun before January 1, 2011, automatic fire sprinkler systems are required in every such structure by January 1, 2019. Provides that if a Greek housing structure does not comply with these provisions, it is unlawful to occupy the structure as a Greek housing structure. Provides for enforcement by a unit of local government (if the Greek housing structure is under the jurisdiction of the unit of local government in whose territory it is located) or an institution of higher education (if the Greek housing structure is under the jurisdiction of the institution of higher education that its residents attend). Provides that nothing in the Act shall be construed to apply to the standards already governed by the Fire Sprinkler Dormitory Act. Provides that if a unit of local government has adopted an ordinance that requires automatic fire suppression systems in housing units under the Act that is more stringent than the Act, then the local ordinance shall control
Effective January 1, 2011.

Emergency Response 

HB 5918/ PA 96-1169: Provides that any person who in good faith provides emergency care, without fee or compensation, to any person at an emergency that necessitates a building evacuation shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the emergency care, be liable to a person to whom such emergency care is provided for civil damages. These provisions apply to causes of action accruing on or after the effective date. Effective immediately.

Energy 

HB 4758/ PA 96-1032: Amends the Counties Code. Authorizes a county to enter into voluntary agreements with the owners of property within the unincorporated areas of the county to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property. Effective immediately

HB 6153/ PA 96-1279: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Authorizes the Department of Commerce and Economic Opportunity, subject to appropriation, to create financial incentive and grant programs to encourage private companies to share their new energy technologies with public institutions of higher education, public utilities, State agencies, electric cooperatives and federal agencies.

HB 5147/ PA 96-1314: Authorizes the Environmental Protection Agency to issue a thermochemical conversion technology demonstration permit to an applicant for field testing of a thermochemical conversion technology processing facility to demonstrate that the thermochemical conversion technology can reliably produce syngas that can be processed for use as a fuel for the production of electricity and process heat, for the production of ethanol or hydrogen to be used as transportation fuel, or for both purposes. Specifies certain conditions that must be met in order to qualify for a thermochemical conversion technology demonstration permit. Exempts certain subclass of these permitted facilities from regulation as a pollution control facility. Effective immediately.

Green Manufacturing Grants 

HB 6030/ PA 96-1413: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Creates a green manufacturing grant program. Authorizes the Department to make grants, subject to appropriation, to manufacturers with 500 or fewer employees toward the cost of capital equipment that will reduce environmental impact and achieve cost savings. Limits the grants to $250,000 per manufacturer.. Sets forth the purposes for which grants may be used.   Provides for the Department to adopt rules. Adds that grant funds may be used for developing, expanding, or retooling a manufacturing facility to produce renewable energy or energy efficiency products or components.

Procurement Code/Contract Extensions 

SB 375/ PA 96-1478: Amends the Illinois Procurement Code. Provides that the chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. Provides that the Procurement Policy Board may object to the proposed extension or renewal within 30 calendar days and require a hearing before the Board prior to entering into the extension or renewal. Provides for certain exceptions. Requires the Procurement Policy Board to file, by August 1 of each year, a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed with the Board and whether the Board objected and (ii) the exempt contracts. Effective immediately.

Prompt Payment 

SB 3587/ PA 96-1085: Amends the State Prompt Payment Act. Provides that if a vendor provides goods or services to an individual and requires that individual to pay all or part of the cost of the goods or services in advance of the vendor being paid for those goods or services by the State, then the amount of the individual’s advance payment, and any interest under the Act attributable to the advance payment, that is paid by the State to the vendor is the property of the individual and, to the extent received by the vendor, must be promptly disbursed by the vendor to that individual

Schools 

SB 3460/ PA 96-1402: Amends the School Construction Law. In provisions concerning early childhood construction grants, provides that a public school district or other eligible entity must provide local matching funds in an amount equal to 10% of the grant (rather than the amount of the grant). Provides that the Capital Development Board may adopt rules that include requirements that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years.
Provides that when grants are made to non-profit corporations for the acquisition or construction of new facilities, the Capital Development Board or any State agency it so designates shall hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility shall be transferred to the non-profit corporation or the lien shall be removed, provided that the non-profit corporation has complied with the terms of its grant agreement. Provides that when grants are made to non-profit corporations for the purpose of renovation or rehabilitation, if the non-profit corporation does not comply with the requirement that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years, the Capital Development Board or any State agency it so designates shall recover the grant pursuant to the procedures outlined in the Illinois Grant Funds Recovery Act. Effective July 1, 2010.

Water Reclamation 

HB 4802/ PA 96-1308: Amends the Metropolitan Water Reclamation District Act. Provides that sanitary districts may issue certain bonds until December 31, 2024 (now, December 31, 2016).

SB 3070/ PA 96-1366: Amends the Environmental Protection Act. Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. Defines “carcinogen”, “community water system”, “finished water”, “maximum contaminant level”, “method detection limit”, and “volatile organic compound”..
Requires the Environmental Protection Agency to issue a notice under a separate provision of the Environmental Protection Act before the owner or operator of a community water system must submit a response plan to the Agency. Requires each response plan to provide for periodic sampling designed to measure and verify the plan’s effectiveness. Requires the Agency, when approving, modifying, or denying a plan, to take into account the technical feasibility and economic reasonableness of the plan and any modification to the plan. Makes it a violation of the Environmental Protection Act for a person who is required to do so to fail (i) to submit a response plan, (ii) to implement a response plan, or (iii) to submit certain reports. Also makes technical changes. Effective immediately