EPA-REPEAL ENVIR LAB CERT COMM

Illinois General Assembly - Full Text of SB3229

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Full Text of SB3229

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SB3229 - 104th General Assembly

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SB3229 Engrossed
LRB104 19751 BDA 33201 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Section 17.8 as follows:

6

(415 ILCS 5/17.8)
7

Sec. 17.8.
Environmental laboratory certification
8
assessment.
9

(a) The Agency shall collect an annual administrative
10
assessment from each laboratory requesting certification for
11
meeting the minimum standards established under the authority
12
of subsection (n) of Section 4. The Agency also shall collect
13
an annual certification assessment for each certification
14
requested, as listed below. Until the Agency
establishes

and
15
the Environmental Laboratory Certification Committee establish

16
administrative and certification assessment schedules in
17
accordance with the procedures of subsections (c) and (d-5) of
18
this Section, the following assessment schedules shall remain
19
in effect:

20

(1) For certification to conduct public water supply
21

analyses:

22

(A) $1,000 per year for inorganic parameters; and

23

(B) $1,000 per year for organic parameters.

SB3229 Engrossed
- 2 -
LRB104 19751 BDA 33201 b
1

(2) For certification to conduct water pollution
2

analyses:

3

(A) $1,000 per year for inorganic parameters; and

4

(B) $1,000 per year for organic parameters.

5

(3) For certification to conduct analyses of solid or
6

liquid samples for hazardous or other waste parameters:

7

(A) $1,000 per year for inorganic parameters; and

8

(B) $1,000 per year for organic parameters.

9

(4) An administrative assessment of $2,400 per year
10

from each laboratory requesting certification, provided
11

that the administrative assessment shall be $3,900 if the
12

laboratory was not certified at any time during the 6
13

months immediately preceding its application for
14

certification.
15

(b) Until the Agency
establishes

and the Environmental
16
Laboratory Certification Committee establish
administrative
17
and certification assessment schedules in accordance with the
18
procedures of subsections (c) and (d-5) of this Section, the
19
following payment schedules shall remain in effect. The
20
administrative and certification assessments shall be paid at
21
the time the laboratory submits an application for
22
certification or renewal of certification. Assessments paid
23
under this Section may not be refunded.
24

(c) The Agency may establish procedures relating to the
25
certification of laboratories, analyses of samples,
26
development of alternative assessment schedules, assessment

SB3229 Engrossed
- 3 -
LRB104 19751 BDA 33201 b
1
schedule dispute resolution, and collection of assessments. No
2
assessment for the certification of environmental laboratories
3
shall be due under this Section from any department, agency,
4
or unit of State government. No assessments shall be due from
5
any municipal government for certification to conduct public
6
water supply analyses. The Agency's cost for certification of
7
laboratories that are exempt from the assessment shall be
8
excluded from the calculation of the alternative assessment
9
schedules.
10

(d) All moneys collected by the Agency under this Section
11
shall be deposited into the Environmental Laboratory
12
Certification Fund, a special fund hereby created in the State
13
treasury. Subject to appropriation, the Agency shall use the
14
moneys in the Fund to pay expenses incurred in the
15
administration of laboratory certification duties. All
16
interest or other income earned from the investment of the
17
moneys in the Fund shall be deposited into the Fund.
18

(d-5) The Agency
, with the concurrence with the
19
Environmental Laboratory Certification Committee,
shall
20
determine the assessment schedules for participation in the
21
environmental laboratory certification program. The Agency
,
22
with the concurrence of the Committee,
shall base the
23
assessment schedules upon actual and anticipated costs for
24
certification under State and federal programs and the
25
associated costs of the Agency
and Committee. If the Committee
26
concurs with the Agency's assessment schedule determination,

SB3229 Engrossed
- 4 -
LRB104 19751 BDA 33201 b
1
it shall thereupon take effect
.
2

(e) The Director shall establish an Environmental
3
Laboratory Certification Committee consisting of (i) one
4
person representing accredited county or municipal public
5
water supply laboratories, (ii) one person representing the
6
Metropolitan Water Reclamation District of Greater Chicago,
7
(iii) one person representing accredited sanitary district or
8
waste water treatment plant laboratories, (iv) 3 persons
9
representing accredited environmental commercial laboratories
10
duly incorporated in the State of Illinois and employing 20 or
11
more people, (v) 2 persons representing accredited
12
environmental commercial laboratories duly incorporated in the
13
State of Illinois employing less than 20 people, and (vi) one
14
person representing the Illinois Association of Environmental
15
Laboratories, all appointed by the Director. If no accredited
16
laboratories are available to fill one of the categories under
17
item (iv) or (v) then any laboratory that has applied for
18
accreditation may be eligible to fill that position. Beginning
19
in 2002, the Director shall appoint 3 members of the Committee
20
for a one-year term, 3 members of the Committee for 2-year
21
terms, and 3 members of the Committee for 3-year terms.
22
Thereafter, all terms shall be for 3 years, provided that all
23
appointments made on or before December 31, 2012 shall end on
24
December 31, 2012. Beginning on January 1, 2013, the Director
25
shall appoint all members of the Committee for 6-year terms.
26
In the case of a vacancy, the Director may appoint a successor

SB3229 Engrossed
- 5 -
LRB104 19751 BDA 33201 b
1
to fill the remaining term of the vacancy. Members of the
2
Committee shall serve until a successor is appointed by the
3
Director. No member of the Committee shall serve more than 6
4
consecutive years. The Committee shall select from its members
5
a Chairperson and any other officers that it deems necessary.
6
The Committee shall meet at the call of the Chairperson or the
7
Director. The Agency shall provide the Committee with any
8
supporting services that the Director and the Chairperson may
9
designate. Members of the Committee shall be reimbursed for
10
ordinary and necessary expenses incurred in the performance of
11
their duties. The Committee shall have the following duties:

12

(1) To consider any alternative assessment schedules
13

submitted by the Agency pursuant to subsection (c) of this
14

Section;

15

(2) To review and evaluate the financial implications
16

of current and future State and federal requirements for
17

certification of environmental laboratories;

18

(3) To review and evaluate management and financial
19

audit reports relating to the certification program and to
20

make recommendations regarding the Agency's efforts to
21

implement alternative assessment schedules;

22

(4) To consider appropriate means for long-term
23

financial support of the laboratory certification program
24

and to make recommendations to the Agency regarding a
25

preferred approach;

26

(5) To provide technical review and evaluation of the

SB3229 Engrossed
- 6 -
LRB104 19751 BDA 33201 b
1

laboratory certification program;

2

(6) To hold meetings at times and places designated by
3

the Director or the Chairperson of the Committee; and

4

(7) To conduct any other activities as may be deemed
5

appropriate by the Director.
6
(Source: P.A. 97-1081, eff. 8-24-12.)

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