SB3229: EPA-REPEAL ENVIR LAB CERT COMM

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.)