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Government Affairs Recap for the Week of March 6, 2023

The HCBA's goal with our Government Affairs recaps are to provide you with a summary of what is happening on a state, local, and national level - especially those items that may have an effect on your business. We will continue to update this page as meetings happen and as official minutes are released.

Village of Homer Glen

Village Board Meeting
Wednesday, March 8
AGENDA

Logan Gilbertsen, PE, CFM, Project Manager for HR Green gave a small presentation about the National Pollutant Discharge Elimination System.  More information can be found online (or you can short-cut to the start of the presentation by fast-forwarding the embedded YouTube clip to 22:22).

The agreement for the Visioning process and concept development which was approved in the February 22 meeting was not signed by the Mayor.  The board moved to re-authorize this agreement and allow for the Village Manager to sign.

Bell Plaza II zoning was approved to add three more units to its plan, including a drive thru.

The contract for the Veterans Memorial was approved.

 

State of Illinois

Session Update

This week was a busy committee deadline week and the House and Senate were both in Springfield for four days of session.

The deadline for substantive House bills out of House committees and substantive Senate bills out of Senate committees is today Friday, March 10th. Hundreds of bills moved out of committees this week, and for those who followed proceedings, it was common to hear that those bills will be amended and return to the committee before seeing a vote on floor. With so much action occurring in committee rooms, nothing of note transpired on the floor in either chamber aside from appointments and the passage of resolutions.

As originally scheduled, the House will return next week to Springfield on Tuesday, March 14th. The Senate will not return until the following Tuesday, March 21st.

The third reading deadline for House bills is Friday, March 24th. The third reading deadline for Senate bills is March 31st. View the Senate session calendar for 2023. View the House 2023 calendar.

Permitting: Illinois Chamber and Illinois Environmental Regulatory Group Testify in Support of HB 3017

On Thursday, HB 3017 sponsored by Representative Yednock was heard in the House Small Business, Tech Innovation & Entrepreneurship Committee. This bill is a joint initiative of the Illinois Chamber and the Illinois Environmental Regulatory Group (IERG) and is a significantly amended version of HB 5555 which passed out of the House unanimously last spring. Kelly Thompson, IERG Executive Director and Andrew Cunningham, Executive of the IL Chamber Infrastructure Council, provided provided testimony in support.

This bill amends the Business Assistance and Regulatory Reform Act to improve the permitting process in the State of Illinois by creating an online permitting portal to allow new and existing environmental permit applicants to track the status of their permits. With such a portal, businesses seeking certain permits for industrial projects can access a website to better understand the timeline and process for agency approval.

Using an information technology tool for these purposes is not a new concept. At the Federal level, a similar tool called the Federal Infrastructure Permitting Dashboard was created under the Obama administration and is still in use today. Surrounding States have a similar portal as well to promote transparency.

During the hearing, Thompson said the following: "This is a win-win for both permit applicants and the Agency or Department tasked with issuing the permits. This allows the permit applicant to have timely and up-to-date permit application tracking information. The portal also assists the Agency and Department, which both have limited resources, to streamline the process and provide timely customer service to businesses already established here and those looking to locate within the State of Illinois."

HB 3017 passed out of committee unanimously but we will amend the bill before going to the floor to satisfy some minor concerns of state agencies.

Commission on Government Forecasting and Accountability (CGFA) FY 2024 Economic Forecast and FY 2023 Revenue Estimate Update

The Commission on Government Forecasting and Accountability has released their FY 2024 Economic Forecast and FY 2023 Revenue Estimate Update. The report provides detailed analysis and projections of key economic indicators, ranging from employment statistics to manufacturing PMI.

To interact with the full report click HERE

Bills of Interest Passed out of Committee This Week

Note: Due to the committee deadline week, this is an exceptionally large list. For additional bills of interest or questions, please check with your Chamber Council Director and Council Newsletters.

Tuesday Action

HB 1190, Natural Gas Release passed out of the House Energy & Environment Committee by a vote of 19-10-0. This bill amends the Illinois Underground Natural Gas Storage Safety Act. Provides that, in the case of a verified facility release, the owner and operator of the underground natural gas storage facility is responsible for specified actions. Defines "verified facility release".

HB 1342, Transit Riding Privileges passed out of the House Transportation: Regulations, Roads & Bridges Committee by a vote of 16-0-0. This bill provides that the powers of the Chicago Transit Board include the power to pass ordinances or adopt rules and regulations concerning the suspension of riding privileges or confiscation of fare media. Amends the Local Mass Transit District Act and the Regional Transportation Authority Act. Provides that a local mass transit district's board and the Suburban Bus Board may adopt all ordinances and make all rules proper or necessary to regulate the use, operation, and maintenance of its property and facilities, and to carry into effect the powers granted to each board with any necessary fines or penalties, including ordinances, rules, or regulations concerning the suspension of riding privileges or confiscation of fare media, as each board deems proper. Includes similar provisions for the Chief of Police of the Metra Police Department.

HB 1541, Utility Service Termination passed out of the House Public Utilities Committee by a vote of 14-8-0. This bill provides that if gas or electricity is used as the only source of space cooling or to control or operate the only space cooling equipment at a residence, then a utility may not terminate gas or electric utility service to a residential user for nonpayment of bills: (1) on any day when the National Weather Service forecast for the following 24 hours covering the area of the utility in which the residence is located includes a forecast that the temperature will be 85 degrees (rather than 95 degrees) Fahrenheit or above; (2) on any day preceding a holiday or weekend when the National Weather Service for the following 24 hours covering the area of the utility in which the residence is located includes a forecast that the temperature will be 85 degrees (rather than 95 degrees) Fahrenheit or above during the holiday or weekend; or (3) when the National Weather Service issues an excessive heat watch, heat advisory, or excessive heat warning covering the area of the utility in which the residence is located.

HB 2132, Rust Belt to Green Belt passed out of the House Public Utilities Committee by a vote of 14-8-0. This bill creates the Illinois Rust Belt to Green Belt Pilot Program Act. Creates the Illinois Rust Belt to Green Belt Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Fund shall be used by the Department of Commerce and Economic Opportunity to encourage and facilitate the employment of construction workforces located in underrepresented populations. Provides that applicants that are applying for a new utility-scale offshore wind project with the Illinois Power Agency shall file with the Department, as part of the applicant's application, an equity and inclusion plan. Amends the Illinois Power Agency Act. In provisions concerning the procurement of renewable energy credits, provides that in addition to the amount of renewable energy credits to be procured from wind projects, the Illinois Power Agency shall procure at least 700,000 renewable energy credits, delivered annually for at least 20 years, from one new utility-scale offshore wind project. In provisions concerning the development of a long-term renewable resources procurement plan, provides that the total of renewable energy resources procured under the procurement plan shall be reduced for all retail customers based on the amount necessary to limit the annual estimated average net increase due to the costs of these resources included in the amounts paid by eligible retail customers in connection with electric service to no more than 4.25% of the amount paid per kilowatthour by those customers during the year ending May 31, 2009, and to no more than 4.5% of that amount as of the billing month following the expected date that a new utility-scale offshore wind project commences commercial operations and is expected to begin delivering power to the PJM Interconnection, LLC transmission grid. Provides that the Agency shall conduct at least one new utility-scale offshore wind procurement within 360 days after the effective date of the amendatory Act. In the Illinois Rust Belt to Green Belt Pilot Program Act: Provides that the Illinois Rust Belt to Green Belt Fund shall be used by the Department of Commerce and Economic Opportunity to encourage and facilitate compliance with all rules and regulations of the Environmental Protection Agency. In a provision related to the Planning and Procurement Bureau in the Illinois Power Agency Act: Changes the definition of "equity and inclusion plan scoring". Includes additional criteria for the Illinois Power Agency to use in its point-based scoring criteria for awarding renewable energy credit contracts in a new utility-scale offshore wind procurement.

 

HB 2202, Underground CO2 Storage passed out of the House Energy & Environment Committee by a vote of 17-10-0. This bill creates the Underground Carbon Dioxide Storage Act. Provides that the Act applies to the underground storage of carbon dioxide but does not apply to extractable mineral resources, and the rights and requirements of the Act are subordinate to the rights pertaining to oil, gas, and coal resources. Provides that a storage operator may not operate a storage facility without a storage facility permit issued by the Department of Natural Resources. Includes provisions regarding: pore space ownership; integration of ownership interests; fees; requirements for drilling near a storage facility; the applicability of certain tort claims; certificate of project completion; and rulemaking. Creates the Carbon Dioxide Storage Administrative Fund and the Carbon Dioxide Long-Term Trust Fund.

HB 2254, Pesticides passed out of the House Energy & Environment Committee by a vote of 19-10-0. This bill Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide.

HB 2263, Underground Utilities passed out of the House Public Utilities Committee by a vote of 22-0-0. This bill provides that owners or operators of underground utility facilities are required to be members of the One-Call Notice system (rather than the State-Wide One-Call Notice System). Provides that if, upon notice from the One-Call Notice system, an underground utility facility owner or operator determines there is a critical underground utility facility within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the critical underground utility facility, the underground utility facility owner or operator shall contact the excavator prior to the dig start date and time provided on the notice to schedule a date and time for the underground utility facility owner or operator to be present when excavation will occur near the critical underground utility facility. Provides for the following: a positive response system; a planning design notification; and a joint meet notification. Requires geographic information system data to be provided to the One-Call Notice system. Makes changes in provisions concerning: required activities; emergency excavation or demolition; damage or dislocation; liability or financial responsibility; negligence; record of notice and marking of facilities; penalties, liability, and fund; emergency telephone system outages and reimbursement; noncompliance and enforcement action time frames; mandamus or injunction; and home rule. Provides that if any previously unmarked underground utility facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for excavation or demolition operations shall immediately notify the One-Call Notice System.

HB 2487, Justice 40 Committee passed out of House Energy & Environment by a vote of 17-10-0. This bill creates the Justice40 Oversight Committee Act. Establishes the Justice40 Oversight Committee. Provides that the Justice40 Oversight Committee shall make findings, conclusions, and recommendations regarding environmental justice in this State and uses of federal funds provided to the State for environmental justice.

HB 2520, Environmental Justice passed out of the House Energy & Environment Committee by a vote of 19-10-0. This bill requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances.

HB 2557, Farmer Equity and Innovation Act passed out of the House Agriculture & Conservation Committee by a vote of 5-3-0. This bill creates the Farmer Equity and Innovation Act. Subject to appropriation by the General Assembly and approval by the University of Illinois Board of Trustees, creates the Farmer Equity and Innovation Center at the University of Illinois Extension. Provides that the Farmer Equity and Innovation Center shall: (1) ensure the continued economic viability of small-scale and moderate-scale diversified farms and ranches by creating a coordinated, statewide program to support the operators of those farms and ranches, prioritizing limited resource farmers and ranchers and socially disadvantaged farmers and ranchers; (2) establish a Farmer Equity and Innovation Program administered by the Center; (3) utilize the University of Illinois Small Farm Advisors, and require the University to increase its Small Farm Advisor positions to 6 in number; (4) include applied research on specified subjects concerning farming and ranching in Illinois, outreach regarding those subjects, and informational services on assistance provided by or through the Center or nonprofit organizations designated by the Center; (5) authorize the Program to include special training for new and beginning farmers and ranchers, with priority given to socially disadvantaged farmers and ranchers; and (6) conduct a study to determine and issue an annual report to the Governor and General Assembly containing a demographic breakdown of farmers and ranchers who participate in the Program.

HB 2569, Compost Products passed out of the House Energy & Environment Committee by a vote of 19-10-0. This bill provides that all State agencies and local governments shall consider whether compost products can be utilized in the land maintenance activity project when soliciting and reviewing bids for land maintenance activity projects. Provides that, if compost products can be used in the project, the State agency or local government must use compost products unless the compost products: (1) are not available within a reasonable period of time; (2) do not comply with existing purchasing standards; or (3) do not comply with federal or State health and safety standards. Provides that State agencies and local governments are encouraged to give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs.

HB 2719, Hospitals passed out of the House Health Care Availability & Accessibility Committee by a vote of 6-3-0. This bill provides that a hospital shall screen each uninsured patient for eligibility in State and federal health insurance programs, financial assistance offered by the hospital, and other public programs that may assist with health care costs and provide information about those programs. For an insured patient, requires the hospital to screen the patient for discounted care in specified circumstances. Provides that the screenings and all follow-up assistance must be culturally competent, in the patient's primary language, in plain language, and in an accessible format. Requires a hospital to implement an operational plan and trainings relating to screenings. Prohibits hospitals from pursuing collection actions against uninsured patients if they have not completed the screening requirements. Includes a prohibition on the sale of medical debt, limitations on collection actions, penalties for violating the Act's provisions, and defenses against collection actions pursued in violation of the provisions. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that a patient declining to apply for a public health insurance program on the basis of concern for immigration-related consequences shall not be grounds for denying financial assistance under a hospital's financial assistance policy.

HB 2776, Lead Pipe Replacement passed out of the House Energy & Environment Committee. This bill provides that an owner or operator of a community water supply must (rather than may) provide a consumer notice by email (if an email address is available) when replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them. Requires a municipality with a population in excess of 1,000,000 inhabitants to publicly post, on its website, data related to the progress it has made in installing publicly-funded lead service lines. Amends the Residential Real Property Disclosure Act. Requires the seller to disclose on the real estate disclosure form any discovered concentration of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises (rather than unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises).

HB 2842, Automobile Insurance passed out of the House Insurance Committee by a vote of 9-5-0. This bill provides that any policy of automobile insurance that carries comprehensive coverage may not exclude theft coverage for lack of evidence of forcible entry or for the insured leaving the vehicle unlocked or leaving a key or key fob in the motor vehicle. Provides that no company authorized to transact insurance business in the State and no officer, director, agent, clerk, employee, or broker of such company shall upon proper application refuse to provide insurance on the basis of the specific geographic location of the risk sought to be insured (rather than solely on the basis of the specific geographic location). Provides that making or permitting any unfair discrimination between individuals or risks of the same class or of essentially the same hazard and expense element because of the geographic location of the insurance risks or applicants is an unfair method of competition and unfair and deceptive act or practice in the business of insurance.

HB 2874, Packaging & Paper Stewardship passed out of the House Energy & Environment Committee 19-10-0. This bill creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions.

HB 2875, Thermal Energy passed out of the House Public Utilities Committee by a vote of 13-8-0. This bill provides that the Illinois Commerce Commission shall initiate a proceeding within 3 months after the effective date of the amendatory Act to support the development of thermal energy networks. Specifies the matters the Commission shall consider in such proceeding. Provides that the Commission shall adopt rules within 2 years after the effective date of the amendatory Act to do specified tasks. Provides for procedures for submittal of proposed pilot thermal energy network projects with the Commission. Provides that each gas, electric, or combination gas and utility corporation shall report to the Commission, on a quarterly basis and until completion of the pilot thermal energy network project, the status of each project. Provides that any thermal energy network created shall demonstrate that the gas, electric, or combination gas and electric corporation has entered into a labor peace agreement with a bona fide labor organization of jurisdiction that is actively engaged in representing gas and electric corporation employees.

HB 3086, Pesticides passed out of the House Energy & Environment Committee 16-10-0. This bill amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100).

HB 3092, PFAS Reduction Data passed out of the House Energy & Environment Committee 19-10-0. This bill provides that the Environmental Protection Agency shall contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface that manufacturers shall use to report certain data about products that contain intentionally added PFAS. Provides that the Agency may adopt rules necessary to implement these provisions. Provides that the Agency may provide technical assistance to manufacturers in complying with these provisions. Provides that, on or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into the State shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface, along with specified information. Provides that a violation of these provisions is subject to a civil penalty.

HB 3119, Carbon Dioxide Transport passed out of the House Energy & Environment Committee 19-10-0. This bill creates the Carbon Dioxide Transport and Storage Protections Act. Provides that a sequestration operator may not exercise any authority to take or acquire any easement or title to any pore space or any portion of an area of review pursuant to the Eminent Domain Act. Provides that the sequestration operator is solely liable for any and all damage caused by the carbon dioxide transported to the sequestration facility for injection or sequestration, or otherwise under the sequestration operator's control, including damage caused by carbon dioxide released form the sequestration facility, regardless of whole holds title to the carbon dioxide, the pore space, or the surface estate. Provides that in addition to any permit fees required by the Environmental Protection Act, sequestration operators and pipeline operators who transport or sequester carbon dioxide in the State must pay a fee each year to the State for deposit in the Carbon Transportation and Sequestration Readiness Fund established by this Act. Creates the Carbon Transportation and Sequestration Readiness Fund and makes a corresponding change to the State Finance Act. Provides for: training for carbon dioxide emergencies for emergency responders, medical personnel, residents, businesses, and other local entities. Makes a corresponding change to the Illinois Power Agency Act and the Public Utilities Act. Amends the Environmental Protection Act. Provides for: setbacks from carbon dioxide pipelines; permitting required for carbon dioxide capture; prohibition of conducting any carbon sequestration operation without a permit; and permitting required for carbon sequestration. Provides that if the Environmental Protection agency grants or denies a permit for capture of carbon dioxide or a permit for sequestration of carbon dioxide, any person may petition the Pollution Control Board within 35 days from the date of issuance of the Agency's decision for a hearing to contest the decision of the Agency.

HB 3202, Cancer Screening passed out of the House Insurance Committee 14-0-0. This bill provides that an individual or group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2025 shall cover a medically necessary home saliva cancer screening every 24 months.

HB 3281, No Cash Payments passed out of the Consumer Protection Committee 6-3-0. This bill provides that any person engaged in the business of selling or offering to sell goods or services at retail to the public with an individual accepting in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $2,000 made at the physical location; (2) post a sign on the premises stating that cash payment is not accepted; or (3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash. Provides for specified exceptions. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act.

HB 3296, Credit Union Regulatory Fees passed out of the House Financial Institutions and Licensing Committee. This bill provides that the regulatory fee schedule shall not be increased if the amount remaining in the Credit Union Fund at the end of any fiscal year is greater than 25% of that fiscal year's total initial appropriations, or the most recent fiscal year for which there is an initial appropriations, relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total actual and operational expenses incurred by the State in administering and enforcing the provisions and other laws, rules, and regulations as may apply to the administration and enforcement of laws, rules, and regulations for the preceding fiscal year). Provides that when the balance in the Credit Union Fund at the end of a fiscal year exceeds 25% of that fiscal year's total initial appropriations relating to the administration and enforcement of the provisions and other related laws, rules, and regulations (rather than the total administrative and operational expenses incurred by the State in administering and enforcing the provisions), the excess shall be credited to credit unions and applied against their regulatory fees for the subsequent fiscal year. Provides that the amount credited to each credit union shall be in the same proportion as the regulatory fee paid by that credit union for the fiscal year in which the excess is produced bears to the aggregate amount of all regulatory fees (rather than fees) collected by the Department of Financial and Professional Regulation under the provisions for the same fiscal year. Removes a regulatory fee cap of $141,875.

HB 3340, Borrowing/IFA passed out of the Financial Institutions and Licensing Committee. This bill amends the Illinois Municipal Code. In provisions relating to a municipality borrowing money from a bank or other financial institution, modifies the definition of "financial institution" to include the Illinois Finance Authority.

HB 3479, Financial Regulation passed out of the Financial Institutions and Licensing Committee. This bill provides that the provisions supersede the Transmitters of Money Act. Sets forth provisions concerning money transmission licenses; acquisition of control; reporting and records; authorized delegates; timely transmission, refunds, and disclosures; prudential standards; and enforcement. Creates the Digital Assets Regulation Act. Provides that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the State. Sets forth provisions concerning customer protections; compliance; licensure; supervision; general restrictions and prohibitions; confidentiality; and rulemaking authority. Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Makes conforming changes in the Freedom of Information Act, the Illinois Banking Act, and the Consumer Fraud and Deceptive Business Practices Act.

HB 3508, PFAS passed out of the Energy & Environment Committee 29-0-0. This bill requires the Environmental Protection Agency to: (1) require select wastewater treatment plants' to report the results of analysis of raw influent sewage, treated sewage effluent, and sewage sludge residuals for PFAS; (2) produce and publish on the Agency's website a report on the eventual dispersion of PFAS through the treatment process; and (3) review the Agency's database of wastewater treatment plants, determine methods of processed sewage sludge disposal, and estimate the annual quantities of processed sewage sludge disposal on land, whether or not it is disposed of in-state or out-of-state. Requires the Prairie Research Institute's Illinois Sustainable Technology Center to: (1) review the list of contaminants of emerging concern in a specified report and determine what other chemical compounds have an environmental impact similar to PFAS; (2) determine appropriate methods for destroying PFAS; and (3) estimate the financial impact on wastewater treatment plants in this State from the methods for destroying PFAS. Allows the Agency to propose, and the Pollution Control Board to adopt, rules establishing maximum concentrations of PFAS that may be contained in an Exceptional Quality biosolid or sewage sludge that is to be applied to land.

HB 3595, Powerplant Demolition passed out of the House Energy & Environment Committee 19-10-0. This bill provides that, before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy specified notification requirements and obtain an Agency-approved air quality plan. Provides that, at least 30 days after providing notice, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition. Contains requirements for the public meeting and the air quality plan. Requires the air quality plan to include a dust mitigation plan, contingency plan, and site cleanup plan with specified requirements. Contains other provisions. Repeals a provision regarding the notice of power plant demolition. In provisions regarding civil penalties, provides that any person who engages in demolition of a thermal power plant via implosion in violation of the Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent violation.

HB 3597, Electric Truck Voucher passed out of the House Energy & Environment Committee 18-9-0. This bill requires the Environmental Protection Agency to establish a voucher program to promote the use of electric vehicles by offering, subject to appropriation, a voucher in specified amounts per electric vehicle purchased or leased. Requires vouchers to be (1) made available for electric vehicles that are registered in Illinois or recognized under the International Registration Plan, (2) issued only to applicants who have a primary residence in Illinois, and (3) made available for direct purchases, purchases through third-party bulk orders, and leasing of electric vehicles. Provides that an applicant shall submit a proof of purchase, lease, or other binding contract regarding the electric vehicle in order to be awarded the voucher.

SB 40, EV Charging Act passed out of the Senate Judiciary Committee. This bill, as amended, provides that the Act applies to newly constructed single-family homes and multi-unit residential buildings (rather than new single-family homes and newly constructed or renovated multi-unit residential buildings). Removes the definitions of "electric vehicle charging station", "electric vehicle system", and "renovated". Changes the definitions of "EV-capable", "EV-ready", "level 1", and "level 2". Provides that the residential requirements for electric vehicle parking spaces apply to all building permits issued 90 days after the effective date of the Act. Provides that all building permits issued 90 days after the effective date of the Act shall require a new, large multifamily residential building or a large multifamily residential building being renovated by a developer converting the property to an association to have 100% of its total parking spaces EV-capable (rather than a specified percentage of EV-capable spaces based on the total amount of parking spaces available). Changes the residential requirements for electric vehicle parking spaces for permits issued 24 months after the effective date Provides that all building permits issued 24 months after the effective date of the Act to be as follows: (1) for permits issued 24 months after the effective date of this Act, a minimum of 40% EV-capable parking spaces; (2) for permits issued 5 years after the effective date of this Act, a minimum of 50% EV-capable parking spaces; and (3) for permits issued 10 years after the effective date of this Act, a minimum of 70% EV-capable parking spaces. Removes language providing that an existing multi-unit residential building subject to an association that undertakes a capital maintenance, repair, replacement, or improvement project related to electrical power infrastructure shall be required to upgrade or install electrical panel capacity for dedicated branch circuits sufficient to ensure that the residential building has the power capacity to become electric vehicle capable as it relates to the space requirements. Removes language providing that a renovated large multifamily residential building that qualifies as an affordable housing development is subject to certain requirements if more than 25% of parking spaces are substantially modified.

SB 328, Automatic Contract Renewal passed out of the Senate Judiciary Committee. This bill provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately.

SB 1774, Clinical Trial passed out of the Senate Public Health Committee. This bill amends the Cancer Clinical Trial Participation Program Act. Changes the short title of the Act to the Clinical Trial Participation Program Act. Throughout the Act, replaces references to "cancer clinical trial" with references to "clinical trial" and makes conforming changes. Provides that "clinical trial" includes a voluntary research study conducted on people and designed to answer specific questions about the safety or effectiveness of a drug, vaccine, therapy, medical device, medical diagnostic, or new way of using an existing treatment to treat or diagnose a condition.

SB 2014, IDOT Safety Improvements passed out of the Senate Transportation Committee. This bill requires the Department of Transportation to develop a policy which ensures the safety of pedestrians and cyclists on roadways within the State. Establishes that improvements will be made during routine maintenance and within a distance of 1,000 feet of the maintenance work on any State road within a municipality to include high visibility signage, crosswalk improvements, curb bump outs, barrier protected bike lanes, and bus shelters.

SB 2278, Vehicle Max Height/Length passed out of the Senate Transportation Committee with a commitment that it will be held for an amendment. This bill provides that local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as the weight, height, or length (rather than only weight) thereof, which prohibitions and limitations shall be marked by appropriate signs placed on such highways.

SB 2401, Labor Dispute Damages passed out of the Senate Judiciary Committee. This bill amends the Labor Dispute Act. Provides that no award of monetary damages, except for damage done to an employer's property as a result of conduct prohibited by law, shall be granted by any court of this State in any case involving a labor dispute.

SB 2424, Land Acquisition passed out of the Senate Transportation Committee. This bill, as amended, states that "Project" also includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.

Wednesday Action

HB 1122, Freelance Workers passed out of House Labor by a vote of 18-10-0. As amended, this bill creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. Sets forth the information such written contracts must include. Provides that a contracting entity must retain its contract with a freelance worker for no less than 2 years and must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act. Provides that complaints shall be reviewed by the Department to determine whether there is cause for the Department to initiate the process of facilitating the exchange of information between the parties. Contains provisions concerning notification and response requirements. Authorizes the Attorney General to initiate or intervene in a civil action if the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited under the Act. Contains provisions concerning Attorney General investigations; civil penalties; and other enforcement matters. Provides that, subject to appropriation, the Department may conduct a public awareness campaign regarding the Act that, at a minimum, includes making information available on its website, otherwise informing contracting entities of the provisions of this Act, and establishing a means for assistance by a natural person through phone or email. Requires the Department to submit a report every 5 years to the General Assembly on freelance contracting and payment practices, the number of complaints received by the Department alleging a violation of the Act, and other matters. Requires the Department to publish each report on its website. Grants the Director rulemaking authority.

HB 1166, Equal Pay passed out of House State Government 6-3-0. This bill amends the Illinois Procurement Code. Provides that, for procurements first solicited on or after January 1, 2025, a person who is required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003 may qualify as a bidder, offeror, or contractor under this Code if the person was issued an equal pay registration certificate from the Department of Labor during the previous 2 calendar years. Provides that, for any bid or offer for a contract with a State agency by a person required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003, the chief procurement officer shall verify that the person holds an equal pay registration certificate issued during the 2 calendar years prior to award. Amends the Equal Pay Act of 2003. Provides that, beginning December 31, 2024, and annually thereafter, the Director shall make publicly available a list of businesses that were issued an equal pay registration certificate by the Department in the previous 2 calendar years.

HB 1363, Employer/Gender Related Violence passed out of House Judiciary-Civil 10-4-0. This bill amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18.

HB 1409, State Contracting Goals/Engineering passed out of House State Government 6-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all goals established concerning the awarding of State contracts apply to architectural, engineering, and land surveying contracts under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Removes references to architectural and engineering services in a provision concerning State contracts awarded to insurance services, architectural and engineering services investment management services, information technology services, accounting services, and legal services.

HB 1604, Day and Temporary Labor passed out of House Labor 18-10-0. This bill provides that a day and temporary labor service agency must provide an application receipt to applicants who seek a work assignment. Provides that a day or temporary laborer has the right to refuse an assignment to a place where a strike, a lockout, or other labor trouble exists. Provides that a day or temporary laborer who is assigned to work at a third party client for more than one week shall be paid not less than the average rate of pay and equivalent benefits as directly hired employees of the third party client performing the same or substantially similar work. Provides for a right of action by interested parties for civil penalties against a day and temporary labor service agency. Provides for protections against abusive contracts. Makes changes in provisions concerning recordkeeping; wage payment and notices; work restrictions; registration; violations; enforcement; penalties; third party clients; retaliation; and private rights of action.

HB 1615, Nurse Workforce passed out of House Labor 27-0-0. This bill provides that the Illinois Nursing Workforce Center shall convene various groups of representatives of nurses, other health care providers, businesses and industries, consumers, legislators, and educators, including 2 representatives of a labor organization recognized under the National Labor Relations Act representing active registered professional nurses licensed by the Department of Financial and Professional Regulation, appointed by the Secretary of Financial and Professional Regulation. Provides that the employer survey shall be developed no later than 2027 (rather than 2026). Requires the Center to report to the Governor, the President of the Senate, and the Speaker of the House of Representatives with recommendations by no later than December 31, 2029.

HB 2189, Insulin passed out of House Prescription Drug Affordability & Accessibility Committee 13-0-0. This bill provides that each manufacturer shall establish procedures to make insulin available to eligible individuals who are in urgent need of insulin or who are in need of assistance to access an affordable insulin supply. Sets forth provisions concerning insulin urgent-need program exceptions, eligibility, forms, applications, claims and reimbursement, copayments, information sheets, navigators, and penalties. Defines terms. Amends the Illinois Insurance Code. In provisions concerning cost sharing in prescription insulin drugs, provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100).

HB 2246, Expressway Cameras passed out of House Transportation: Vehicles & Safety Committee 11-0-0. This bill establishes that funds from the Illinois State Tollway Highway Authority may be used for installation and maintenance of the camera systems, telecommunications costs, and for camera warranties. Provides that cameras shall be interoperable with the Illinois State Police current camera system. Makes other changes. Amends the Freedom of Information Act. Provides that the provision exempting images from cameras under the Expressway and Highway Camera Act are inoperative on and after July 1, 2025 (rather than 2023).

HB 2288, Veterans/Procurement passed out of House State Government 11-0-0. This bill provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000) as evidenced by the federal income tax return of the business.

HB 2531, South Suburban Airport passed out of House State Government 11-0-0. This bill amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act.

HB 2547, Warehouse Workers passed out of House Labor 18-10-0. This bill provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action. ELC Executive Director Aaron Harris testified on behalf of the Chamber in opposition to this bill.

HB 2898, Higher Education/MAP passed out of House Higher Education Committee 8-4-0. This bill amends the Private Business and Vocational Schools Act of 2012. In provisions regarding institution and program approval criteria, provides that a part of the criteria for approval is fair and equitable reimbursement in the case of an unfair or deceptive practice finding. Amends the Higher Education Student Assistance Act. In provisions concerning the monetary award program, sets forth provisions concerning an institution that received monetary award program funds at a time the institution was using unfair or deceptive practices, including refunding State funds to the Illinois Student Assistance Commission and awarding grants to students who attended that institution. Amends the State Finance Act to create the MAP Refund Fund as a special fund in the State treasury.

HB 3129, Pay Scale passed out of the House Labor Committee 18-10-0. This bill provides that it is unlawful for an employer with 15 or more employees to fail to include the pay scale for a position in any job posting. Provides that if an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale to the third party and the third party shall include the pay scale in the job posting.

HB 3131, Workplace/COVID passed out of House Labor 18-10-0. This bill creates the Workplace COVID-19 Safety Committees Act. Provides that each private employer of at least 30 employees shall establish a safety committee at each of the employer's primary places of employment. Establishes requirements for composition of committees and meetings, records, reporting, and training. Provides for the duties of committees relating to hazard assessment and control, safety and health planning, development of procedures for accident investigations, and other specified matters. Provides that the safety committee shall assist the employer in providing information, instruction, training, and supervision as is necessary to ensure the health and safety of employees at work and individuals affected by their activities. Provides that the Department of Labor may levy a civil penalty upon an employer that violates the Act as established by rule.

HB 3400, IL Works Jobs Program passed out of House Labor 28-0-0. This bill provides that the Illinois Works Review Panel's examination of workforce demographic data collected by the Illinois Department of Labor must include demographic information about the workforce on public work projects contracted by the State or an agency of the State by contractor, race, gender, trade, hours worked by payroll cycle and annually, whether apprentice or journeyworker, and, if an apprentice, which year of apprenticeship, and whether or not the apprentice is a graduate of the Illinois Works Preapprenticeship Program. Provides that individual members of the workforce shall be given a unique identifier so that progress and retention can be tracked without sharing personally identifiable information. Creates the Access and Opportunity Committee to monitor and report on the progress of ensuring that all Illinois residents have access to careers in the construction industry and building trades on current State capital projects, including those who have been historically underrepresented in those trades. Includes provisions regarding Committee membership, powers and duties, and meetings.

HB 3491, Prevailing Wage/Contractors passed out of House Labor 18-10-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.

HB 3606, BEP Good Faith Effort passed out of House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Defines terms. Provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning uniform contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Provides criteria for granting a waiver.

HB 3720, BEP Goals passed out of the House Economic Opportunity & Equity Committee by a vote of 5-3-0. This bill provides that the Commission on Equity and Inclusion shall establish goals based on the types of communities served by businesses. Requires corporations that are publicly held domestic or foreign corporation with their principal executive office located in Illinois to provide in their annual report the percentage of professional services procurements from business enterprises owned by minority persons, women, or persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that the Secretary of State shall establish a publicly accessible and searchable database of the information in each annual report.

HB 3927, Public-Private Partnership Act passed out of House State Government 8-1-0. This bill, as amended, creates the Public-Private Partnerships Act. Provides that the intent of the Act, among others, is to authorize responsible public entities to develop and enter into public-private partnership agreements for qualifying projects which result in the availability of such projects to the public in a more timely and less costly fashion, thereby serving the public safety, benefit, and welfare. Creates the Infrastructure Investment Commission, including its membership and duties. Establishes the qualifications and processes related to unsolicited proposals for projects that become public-private agreements for the building, upgrading, providing of services, operating, ownership or financing of facilities. Sets forth the procedures and standards for the formation of public-private agreements between public and private entities, including the powers of the entities and the provisions of the agreements. Establishes development and operation standards for projects. Includes provisions related to the taxation and financial arrangements related to public-private partnerships. Provides that each facility project awarded by a responsible public entity shall be performed pursuant to the requirements of the Illinois Prevailing Wage Act (rather than pay wages pursuant to prevailing standards). Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity pertaining to the building, altering, repairing, maintaining, improving, or demolishing of a facility shall require any contractor and all subcontractors to comply with the Illinois Procurement Code. Provides that a public-private agreement project shall require the contractor and all subcontractors to enter into a project labor agreement utilized by the Department of Labor and evidence that the contractor or subcontractor has entered into a fully executed project labor agreement with the applicable local building trades council. Provides that any public-private agreement entered into under a public-private partnership between a vendor and a responsible public entity shall include a provision requiring the selected vendor to enter into a labor peace agreement with any bona fide labor organization, including any bona fide labor organization that represents or is attempting to represent any of its employees necessary for the ongoing maintenance and operation of such agreement.

SB 133, Public Construction Bonds passed out of Senate Judiciary 9-0-0. This bill provides that a local governmental unit may not withhold retainage of more than 5% from any payment to a contractor who furnishes the bond or bond substitute required by the Act and that the contractor and its subcontractors may not withhold retainage of more than 5% from their subcontractors.

SB 249, Prevailing Wage/Public Works passed out of Senate Labor by a vote of 10-4-0. This bill amends the Prevailing Wage Act. Provides that the provisions of the Act apply to the construction or demolition of public works performed by an employee of a public body engaged in the construction or demolition of public works on behalf of another public body.

SB 328, Automatic Contract Renewal passed out of Senate Judiciary 8-0-0. This bill provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate. Provides that a person, firm, partnership, association, or corporation that allows consumers to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate the automatic renewal or continuous service immediately.

SB 1288, Dental passed out of the Senate Insurance Committee 10-0-0. This bill amends the Illinois Insurance Code. In provisions concerning provider notification of dental plan changes, provides that no insurer, service corporation, dental service plan corporation, insurance network leasing company, or any company that issues, delivers, amends, or renews an individual or group policy of accident and health insurance on or after the effective date of the amendatory Act that provides dental insurance may automatically enroll a provider in a leased network without the provider's written consent. Provides that any contract entered into or renewed on or after the effective date of the amendatory Act that allows the rights and obligations of the contract to be assigned or leased to another insurer shall provide for notice that informs each provider in writing via certified mail 90 days before any scheduled assignment or lease of the network to which the provider is a contracted provider (rather than shall provide notice of that assignment or lease within 30 days after the assignment or lease to the contracting dentist). Provides that an insurer, service corporation, dental service plan corporation, insurance network leasing company, or any company that issues, delivers, amends, or renews an individual or group policy of accident and health insurance on or after the effective date of the amendatory Act that provides dental insurance that leases or assigns its network shall not cancel a network participating dentist's contractual relationship or otherwise penalize a network participating dentist in any way based on whether or not the dentist accepts the terms of the assignment or lease.

SB 1515, Employment Verification passed out of Senate Labor 12-4-0. This bill Provides for additional rights and protections granted to an employee following the notification from the Social Security Administration of a discrepancy. Provides that specified requirements apply if an employer takes any adverse action against an employee.

SB 1782, Minor/Online Content passed out of Senate Labor 16-0-0. This bill provides that upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. Provides that a vlogger who features a minor child in a specified amount of the volgger's content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account.

SB 1913, Telehealth passed out of Senate Insurance 10-0-0. This bill amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the medical assistance program shall be subject to provisions of the Illinois Insurance Code concerning telehealth services. Makes a conforming change in the Illinois Insurance Code.

SB 1996, Manufacturing Mentorship passed out of Senate Education 13-0-0. This bill creates the Manufacturing Mentorship Program to be administered by the Department of Labor for the purpose of exposing minors who are 17 years of age to manufacturing occupations in the State through temporary employment with an employer. Provides for educational and training requirements that an employer must satisfy to ensure the safety of minors. Provides that the Director of Labor, in consultation with employers, shall adopt rules specifying a list of the tools that a minor who is employed under the program may operate during the minor's employment in a manufacturing occupation. Amends the Child Labor Law. Provides that nothing in the Act applies to the employment of a minor, 17 years of age, in a manufacturing occupation under the Manufacturing Mentorship Program.

SB 2034, Child Extended Bereavement passed out of Senate Labor 16-0-0. This bill provides that an employee of a large employer that employs 250 or more full-time employees is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that an employee of a small employer that employs at least 50 but fewer than 250 full-time employees is entitled to use a maximum of 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. Provides that leave may be taken in a single continuous period or intermittently in increments of no less than 4 hours, but leave must be completed within one year after the employee notifies the employer of the loss. Permits an employer to require reasonable advance notice of the employee's intention to leave and reasonable documentation. Provides that an employee who takes leave under the Act is entitled to be restored to the position of employment held by the employee when the leave commenced or to be restored to an equivalent position. Provides that nothing in the Act shall be construed to entitle any restored employee the accrual of any seniority or employment benefits during any period of leave. Provides that the Act does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993 or under any other paid or unpaid leave provided under federal, State or local law, a collective bargaining agreement, or an employment benefits program or plan. Prohibits an employer from taking any adverse action against an employee who exercises his or her rights under the Act. Requires the Department of Labor to enforce the Act. Provides that a person who uses leave under either the Child Bereavement Leave Act or the Child Extended Bereavement Leave Act may not take leave under the other Act, and amends the Child Bereavement Leave Act accordingly.

 

SB 2121, Customer Credit Account passed out of the Senate Financial Institutions Committee 8-0-0. This bill provides that if a merchant closes a customer's credit account because the merchant's business is closing or being liquidated, or due to inactivity on the credit account by its owner, the merchant shall report to the credit reporting agencies and to the owner of the account information explaining that the account was closed due to issues related to the merchant or inactivity and not the customer's failure to pay the balance of the credit account. Provides that any person who violates the provisions commits an unlawful practice.

SB 2280, Employment passed out of Senate Labor 11-4-0. This bill amends the State Finance Act. Changes the name of the Equal Pay Registration Fund to the Equal Pay Fund. Amends the Personnel Record Review Act. Provides that an employer shall, upon the employee's written request, email or mail a copy of a requested record to the employee. Repeals provisions concerning copies of personnel records. Amends the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, and the Day and Temporary Labor Services Act. Provides that every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall provide specified information by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. Repeals the Wages of Women and Minors Act. As amended, replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Amends the Equal Pay Act of 2003. Provides that any business that is required to file an annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission must submit to the Director of Commerce and Economic Opportunity a list of all employees during the past calendar year (rather than a copy of the business's most recently filed Employer Information Report EEO-1 and a list of all employees during the past calendar year). Defines "compensation". Amends the Child Labor Law. Provides that an email address provided by the party in the course of the administrative proceeding shall not be used in any subsequent proceedings, unless the party designates that email address for the subsequent proceeding.

SB 2381, INS Supplier Diversity passed out of Senate Insurance 10-0-0. This bill requires every insurance company authorized to do business in this State or accredited by this State with assets of at least $50,000,000 to submit an annual report on its voluntary supplier diversity program to the Department of Insurance. Sets forth provisions on what the report must include and how and when the report must be submitted. Provides that, for each report, the Department shall publish the results on its Internet website for 5 years after submission. Requires the Department to hold an annual insurance company supplier diversity workshop in February of 2024 and every February thereafter to discuss the reports with representatives of the insurance companies and vendors. Provides that the Department shall prepare a template for voluntary supplier diversity reports.

SB 2408, Prevailing Wage passed out of Senate Labor 12-3-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.

Thursday Action

HB 1021, Patient Rights passed out of House Health Care Licenses Committee 8-4-0. This bill provides that each patient has the right to receive care from a medical professional who is culturally sensitive to the patient's life experience.

HB 1068, Discrimination/Insurance passed out of House Insurance Committee 10-5-0. This bill provides that an insurer or producer authorized to issue policies of insurance in the State may not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon the basis that an applicant or insured has been convicted of a felony.

HB 1527, Vehicle Disablement passed out of House Consumer Protection by a vote of 6-3-0. This bill defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order.

HB 2130, Insurance Data passed out of House Cybersecurity, Data Analytics & IT Committee 9-4-0. This bill creates the Insurance Data Security Law. Sets forth provisions concerning an information security program, investigations of cybersecurity events, and notifications of cybersecurity events. Provides that the Director of Insurance shall have power to examine and investigate into the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of the Act. Provides that whenever the Director has reason to believe that a licensee has been or is engaged in conduct in the State which violates the Act, the Director may take action that is necessary or appropriate to enforce the provisions of the Act. Provides that any documents, materials, or other information in the control or possession of the Department of Insurance that are furnished by a licensee or an employee or agent acting on behalf of a licensee or that are obtained by the Director in an investigation or examination shall be confidential by law and privileged, shall not be subject to the Freedom of Information Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Sets forth provisions concerning exceptions, penalties, and severability. Provides that the Department may adopt rules necessary to carry out the provisions of the Act.

HB 2816, Small Business Subcontractor passed out of the Small Business, Tech Innovation, and Entrepreneurship Committee by a vote of 6-4-0. This bill provides that a small business subcontractor may enter into an agreement with the Department of Transportation to receive direct payments from the Department on a construction project. Amends the State Prompt Payment Act. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment (currently, 10 business days or 15 calendar days). Provides that when a State official or agency responsible for administering a contract submits a voucher to the Comptroller for payment to a small business subcontractor who enters into a specified contract under the Department of Transportation Law, that State official or agency shall make available electronically the voucher information. Provides that if a contractor is assessed liquidated damages from the State, the contractor is still responsible to each subcontractor under subcontracts. Provides that contractors are responsible for reasonable attorney's fees if an administrative law judge finds in favor of the subcontractor. Provides that if a contractor with the Department or a small business subcontractor claims that additional payment is due under the terms of the contract, and the Department of Transportation has not agreed that payment is due, the contractor or subcontractor desiring to pursue additional compensation shall file a claim according to the requirements and procedures specified by the Department. Provides that, if the claim, after consideration by the Department, is found to have merit, the Department will make an equitable adjustment.

HB 3017, Permit Issuance passed out of House Small Business, Tech Innovation, and Entrepreneurship Committee by a vote of 10-0-0. This bill modifies requirements concerning the Office of Business Permits and Regulatory Assistance. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. This is a Chamber/IERG Initiative. The Chamber and IERG both provided testimony in support.

HB 3144, DCEO/Chamber of Commerce passed out of House State Government 6-3-0. This bill provides that the Department of Commerce and Economic Opportunity shall establish a Local Chamber of Commerce Business Program for the purpose of providing grants to certified local chambers of commerce. Provides that grant moneys may be used to market and develop the service area of the chamber of commerce for the purpose of generating local, county, and State business taxes and to provide small businesses with professional development, business guidance, and best practices for sustainability.

HB 3303, Business Improvement Districts passed out of House Small Business, Tech Innovation, and Entrepreneurship Committee by a vote of 6-4-0. This bill creates the Business Improvement District Law. Provides for the establishment of business improvement districts by a county or municipality by ordinance after petition of a percentage of property owners or business owners, creation of a district plan, notice, and hearings. Provides that a business improvement district may impose district charges on property owners whose real properties are located within the business improvement district or on businesses within a business improvement district. Provides that the county or municipality shall contract with a district management association to administer or implement activities and improvements specified in the district plan. Contains provisions relating to district plans, formation of a district, district boundaries, issuance of bonds, terms and renewal of districts, amendment to district plans, governance of the district, reports of a district management association, dissolution, and legislative purpose. Limits the concurrent exercise of home rule powers.

HB 3478, Automatic Contract Renewal passed out of Consumer Protection Committee 6-3-0. This bill provides for additional violations, notification, and cancellation requirements for a person, firm, partnership, association, or corporation that makes an automatic renewal offer or continuous service offer to a consumer. Provides that a person, firm, partnership, association, or corporation that makes an automatic renewal offer or continuous service offer shall provide a toll-free telephone number, email address, a postal address if the seller directly bills the consumer, or it shall provide another cost-effective, timely, and easy-to-use mechanism for cancellation.

HB 3603, Health Data passed out of House Judiciary-Civil by a vote of 10-5-0. This bill provides that a regulated entity shall disclose and maintain a health data privacy policy that, in plain language, clearly and conspicuously disclosures specified information. Provides that a regulated entity shall prominently publish its health data privacy policy on its website homepage. Provides that a regulated entity shall not collect, share, sell, or store categories of health data not disclosed in the health data privacy policy without first disclosing the categories of health data and obtaining the consumer's consent prior to the collection, sharing, selling, or storing of such data. Prohibits the collection, sharing, selling, or storing of health data. Describes the regulated entity's duty to obtain consent; the consumer's right to withdraw consent; prohibitions on discrimination; prohibitions on geofencing; a private right of action; enforcement by the Attorney General; and conflicts with other laws. The Sponsor has committed to amend the bill and is seeking input from opponents. The Chamber opposes this bill.

HB 3641, Local Regulation passed out of House State Government 6-3-0. This bill provides that ordinances of units of local government may not be enforced against construction, reconstruction, improvement, or installation of State facilities. Provides that units of local government cannot require payment of permitting fees or require permit inspections for the construction, reconstruction, improvement, or installation of State facilities. Provides that the provisions apply to construction, reconstruction, improvement, or installation of projects that are ongoing on the effective date of the amendatory Act and to all projects started on or after the effective date of the amendatory Act. Provides that the regulation of local ordinances, fees, and inspections affecting the construction, reconstruction, improvement, or installation of State facilities are exclusive powers and functions of the State.

HB 3563, AI Task Force passed out of House Cybersecurity Committee by a vote of 13-0-0. This bill provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software. Sets forth the members to serve on the Task Force. Provides that the Task Force shall hold at least 5 meetings, and specifies the format and the location of those minimum amount of meetings. Provides for additional responsibilities of the Task Force. Provides that the Department of Innovation and Technology shall provide administrative and technical support to the Task Force. Provides that the Task Force shall provide a report to the Governor and the General Assembly covering the Task Force's investigation into generative artificial intelligence software and natural language processing software and the Task Force's additional responsibilities.

SB 58, Single-Use Plastic passed out of Senate State Government 9-0-0. This bill creates the State Entities Single-Use Plastic Reporting Act. Requires, beginning July 1, 2024, each State agency to (i) track the purchase of single-use plastics on behalf of the State agency that do not require procurement contracts for one year, (ii) establish goals on reducing single-use plastic purchases based on the information obtained from the purchase tracking, and (iii) submit a report of its findings to the Governor and the General Assembly on or before October 1, 2025. Defines terms. Amends the Illinois Procurement Code. In a provision regarding environmentally preferable procurement: Removes language providing that if contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting State agency, or if an environmentally preferable supply or service cannot be used to meet the requirements of the State agency, then the State agency need not contract for an environmentally preferable supply or service. Provides instead that when a State agency is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of compostable foodware or recyclable foodware may be given preference over other bidders unable to do so, as long as the bid is not more than 5% greater than the cost of products that are single-use plastic disposable foodware.

SB 76, Nuclear Power passed out of Senate Energy and Public Utilities 15-1-0. This bill replaces everything after the enacting clause. Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly

SB 203, Pesticides Penalties passed out of Senate Agriculture 9-3-0. This bill provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide.

SB 1398, Battery Recycling passed out of Senate Energy and Public Utilities 17-0-0. This bill requires the Illinois Environmental Protection Agency to adopt rules requiring each manufacturer of an electric vehicle that is sold in the State and contains a lithium-ion battery and each manufacturer of lithium-ion batteries sold in the State to submit a battery recycling plan to the Agency by June 1, 2024. Prohibits the disposal of lithium-ion batteries in sanitary landfills. Makes the disposal prohibitions in the bill take effect July 1, 2024.

SB 1555, Packaging and Paper Stewardship passed out of Senate Environment and Conservation 6-3-0. Creates the Packaging and Paper Products Stewardship Act. Provides that a producer responsibility organization shall be established to carry out the Act's provisions. Tasks the Environmental Protection Agency with providing administrative support under the Act. Establishes the Packaging and Paper Product Producer Responsibility Advisory Council to provide advice and recommendations in the drafting, amendment, or approval of program plans and to oversee and provide recommendations for the implementation of program plans. Requires producers, in consultation with the Advisory Committee, to adopt and publish a list of minimum types of readily recyclable materials based on available collection and processing infrastructure and recycling markets for covered materials. Tasks the Prairie Research Institute with conducting a study and preparing a statewide needs assessment to assess recycling and covered materials management needs in the State. Provides that, no later than January 1, 2026, producers shall submit a producer responsibility program plan for the Agency's approval. Requires producers to establish waste prevention and reuse programs and composting infrastructure and education programs. Permits the development and operation of an alternative collection program to collect and manage a type or types of covered materials sold, offered for sale, distributed, or served to consumers in the State that are not on the minimum recyclable materials list. Requires producers to submit annual reports to the Agency. Allows postconsumer recycled content requirements in specific products to be waived by the Agency if specified requirements are met. Contains provisions concerning a plastics recycling technologies study, outreach and education, penalties for violations, severability, and other provisions.

SB 1561, E-cigarettes passed out of Senate Executive 10-1-0. This bill provides that a retail tobacco store that derives at least 80% of its gross revenue from the sale of electronic cigarettes and electronic cigarette equipment and accessories in operation before the effective date of the amendatory Act qualifies for a specified exemption for electronic cigarettes only. Provides that a retail tobacco store claiming an exemption for electronic cigarettes shall annually file with the Department of Public Health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of electronic cigarettes. Includes a workplace that manufactures, imports, or distributes electronic cigarettes in the definition of "retail tobacco store".

SB 1563, Microplastics passed out of Senate Environment and Conservation 8-0-0. This bill provides that on or before July 1, 2025, the Environmental Protection Agency shall propose and the Pollution Control Board shall adopt rules defining what microplastics are for purposes of regulating their presence in drinking water. Provides that on or before July 1, 2025, the Agency shall develop and submit a plan to the General Assembly and the Governor that determines a standard methodology to be used in the testing of drinking water for microplastics based on the most up-to-date guidance and information from the United States Environmental Protection Agency.

SB 1570, Municipal Design Build passed out of Senate Local Government 11-0-0. This bill creates the Municipal Design-build Contracts Division in the Illinois Municipal Code, which may be cited as the Municipal Design-build Authorization Act. Provides that a municipality may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that, if the total overall cost of a project is estimated to be less than $12,000,000, the municipality may combine the two-phase procedure for selection into one phase. In provisions about submission of proposals, provides that, after a response to a request for qualifications or a request for proposal has been submitted, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the municipality.

SB 1673, MWRD/Civil Penalty passed out of Senate Local Government 10-0-0. This bill provides that the Metropolitan Water Reclamation District of Greater Chicago may provide for a civil penalty for each offense of not less than $100 nor more than $1,000, with each day's continuance of a violation to be a separate offense, excluding costs and fees that may be assessed. Requires a hearing in front of the board of commissioners, or its designee, before a civil penalty may be imposed. Specifies procedures that must be adopted by the board of commissioners relating to imposing a civil penalty.

SB 1696, PFAS passed out of Senate Environment and Conservation 7-1-0. This bill amends the PFAS Reduction Act. Requires the Environmental Protection Agency to follow the most up-to-date guidance from the United States Environmental Protection Agency on controlling the discharge of PFAS. Requires the Agency to create a PFAS monitoring plan focusing on: monitoring PFAS-contamination at solid waste, wastewater, and stormwater facilities, hazardous waste landfills, and facilities with air emissions; gathering State-specific information in order to craft effective policies around PFAS; identifying areas of particular concern due to PFAS concentrations or routes of exposure that need quick action; and gathering data that galvanizes support for PFAS source reduction and pollution prevention. Requires the plan to be submitted to the Governor and the General Assembly by July 1, 2024.

SB 1769, Govt. Zero Emission Vehicles passed out of Senate Environment and Conservation 6-2-0. This bill establishes that all vehicles purchased or leased by a governmental unit after January 1, 2025, must be a zero-emissions vehicle or converted zero-emissions vehicle. Provides that a "zero-emissions" vehicle means a passenger (rather than a passenger and commercial) motor vehicle that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas, but only produces water vapor, in any mode of operation or condition, as determined by the Agency. Requires the Environmental Protection Agency to adopt rules to implement and enforce this Act.

SB 1800, Fleet Electrification passed out of Senate Environment and Conservation 6-2-0. This bill requires the Environmental Protection Agency to establish a Fleet Electrification Incentive Program to promote the use of electric trucks by fleet owners by offering a voucher of $200,000 per electric Class 6 truck, electric Class 7 truck, or electric Class 8 truck purchased or leased for a fleet by the fleet's owner or operator. Provides that an applicant shall submit a proof of purchase, lease, or other binding contract regarding the electric Class 6 truck, electric Class 7 truck, or electric Class 8 truck in order to be awarded the voucher. Requires an applicant who is awarded a voucher to agree to participate in annual surveys on specified metrics.

SB 1875, JCAR passed out of Senate Executive 11-0-0. This bill amends the Illinois Administrative Procedure Act. In provisions concerning general, emergency, and peremptory rulemaking, specifies that State agencies shall accept submissions in writing, including submissions by email, and may, in their discretion, accept oral submissions. Requires each summary in a regulatory agenda to contain, among other things, the email address of the agency representative who is knowledgeable about the rule. Amends the Uniform Electronic Transactions Act.

SB 1897, Rock Island Port District passed out of Senate Local Government 11-0-0. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Provides that the governing and administrative body of the Rock Island Regional Port District initially consists of the Rock Island City Council but will later include the city councils of annexed territories of adjacent municipalities. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions. Limits the concurrent exercise of home rule powers.

SB 2192, Procurement passed out of Senate Executive 13-0-0. This bill Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Only applies to the Department of Innovation and Technology, the Department of Transportation, the Capital Development Board, and the Illinois State Toll Highway Authority.

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