Illinois 96th Regular Session Status: Enacted 2 D cosponsors

SB 99 — EPA-COMPOSTING FACILITIES

Last action — Public Act . . . . . . . . . 96-0418

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2009. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    0 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Redefines the term "compost" to mean compostable material that has, by composting, decomposed to the degree that it will not, when subjected to optimal thermal conditions and optimal levels of oxygen, moisture, and nutrients, reheat significantly due to the action of microorganisms, and that is also suitable (i) for use as a soil conditioner, (ii) for use as a cover material for a municipal solid waste landfill, or (iii) for another use approved by the Agency (now, the humus-like product of the process of composting waste, which may be used as a soil conditioner). Redefines the term "composting" to mean the decomposition of compostable material into compost by a biological process that produces carbon dioxide and water as primary by-products (now, the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost). Excepts food scrap from the definition of the term "garbage". Exempts certain types of facilities, sites, portions of facilities, and portions of sites from regulation as pollution control facilities. Defines "compostable material" and "food scrap". Effective immediately.

Bill Text

What changed in the latest version

14 added · 14 removed

Plain-language change summary

The updated version of Bill SB 99 introduces two new definitions: "food scrap" and "livestock waste." "Food scrap" refers to biodegradable materials separated from regular garbage, which helps clarify what types of waste should be composted. This change aims to enhance waste management practices, promoting composting and reducing landfill waste. The definition of "livestock waste" ensures it aligns with existing regulations in the Livestock Management Facilities Act. These amendments emphasize waste separation, sustainability, and improved environmental protection.

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Previous
Latest
SB0099 Engrossed LRB096 04034 JDS 14072 b AN ACT concerning safety.
SB0099 Enrolled LRB096 04034 JDS 14072 b AN ACT concerning safety.
"Livestock waste" means "livestock waste" as defined in the Livestock Management SB0099 Engrossed - 2 - LRB096 04034 JDS 14072 b Facilities Act.
"Livestock waste" means "livestock waste" as defined in the Livestock Management SB0099 Enrolled - 2 - LRB096 04034 JDS 14072 b Facilities Act.
SB0099 Engrossed - 3 - LRB096 04034 JDS 14072 b (5) abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;
SB0099 Enrolled - 3 - LRB096 04034 JDS 14072 b (5) abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;
(11) the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or SB0099 Engrossed - 4 - LRB096 04034 JDS 14072 b energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(11) the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or SB0099 Enrolled - 4 - LRB096 04034 JDS 14072 b energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(12) the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation SB0099 Engrossed - 5 - LRB096 04034 JDS 14072 b and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
(12) the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation SB0099 Enrolled - 5 - LRB096 04034 JDS 14072 b and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
(16) a site or facility that temporarily holds in transit for 10 days or less, non-petruscible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a SB0099 Engrossed - 6 - LRB096 04034 JDS 14072 b non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements.
(16) a site or facility that temporarily holds in transit for 10 days or less, non-petruscible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a SB0099 Enrolled - 6 - LRB096 04034 JDS 14072 b non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements.
(19) the portion of a site or facility that (i) is used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or SB0099 Engrossed - 7 - LRB096 04034 JDS 14072 b cardboard, and (ii) meets all of the following requirements:
(19) the portion of a site or facility that (i) is used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or SB0099 Enrolled - 7 - LRB096 04034 JDS 14072 b cardboard, and (ii) meets all of the following requirements:
(iv) The portion of the site or facility used SB0099 Engrossed - 8 - LRB096 04034 JDS 14072 b for the composting operation must be located at least one-eighth of a mile from the property line of all of the following areas:
(iv) The portion of the site or facility used SB0099 Enrolled - 8 - LRB096 04034 JDS 14072 b for the composting operation must be located at least one-eighth of a mile from the property line of all of the following areas:
SB0099 Engrossed - 9 - LRB096 04034 JDS 14072 b (D) The site or facility must meet all of the requirements of the Wild and Scenic Rivers Act (16 U.S.C.
SB0099 Enrolled - 9 - LRB096 04034 JDS 14072 b (D) The site or facility must meet all of the requirements of the Wild and Scenic Rivers Act (16 U.S.C.
SB0099 Engrossed - 10 - LRB096 04034 JDS 14072 b (G) The site or facility must not be located in an area where it may jeopardize the continued existence of any designated endangered species, result in the destruction or adverse modification of the critical habitat for such species, or cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act (16 U.S.C.
SB0099 Enrolled - 10 - LRB096 04034 JDS 14072 b (G) The site or facility must not be located in an area where it may jeopardize the continued existence of any designated endangered species, result in the destruction or adverse modification of the critical habitat for such species, or cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act (16 U.S.C.
The Agency shall not issue a development or construction permit after December 31, 1990 for any composting facility, unless the applicant has given notice thereof (1) in person or by mail to the members of the General Assembly from SB0099 Engrossed - 11 - LRB096 04034 JDS 14072 b the legislative district in which the proposed facility is to be located, (2) by registered or certified mail to the owners of all real property located within 250 feet of the site of the proposed facility (determined as provided in subsection (b) of Section 39.2), and (3) to the general public by publication in a newspaper of general circulation in the county in which the proposed facility is to be located.
The Agency shall not issue a development or construction permit after December 31, 1990 for any composting facility, unless the applicant has given notice thereof (1) in person or by mail to the members of the General Assembly from SB0099 Enrolled - 11 - LRB096 04034 JDS 14072 b the legislative district in which the proposed facility is to be located, (2) by registered or certified mail to the owners of all real property located within 250 feet of the site of the proposed facility (determined as provided in subsection (b) of Section 39.2), and (3) to the general public by publication in a newspaper of general circulation in the county in which the proposed facility is to be located.
(a) The Agency may By January 1, 1994, the Agency shall develop and make recommendations to the Board concerning (i) performance standards for organic waste compost facilities and SB0099 Engrossed - 12 - LRB096 04034 JDS 14072 b (ii) testing procedures and standards for the end-product compost produced by organic waste compost facilities.
(a) The Agency may By January 1, 1994, the Agency shall develop and make recommendations to the Board concerning (i) performance standards for organic waste compost facilities and SB0099 Enrolled - 12 - LRB096 04034 JDS 14072 b (ii) testing procedures and standards for the end-product compost produced by organic waste compost facilities.
The financial assurance plan may include, but is not limited to, posting with the Agency a performance bond or other security for the purpose SB0099 Engrossed - 13 - LRB096 04034 JDS 14072 b of ensuring site restoration.
The financial assurance plan may include, but is not limited to, posting with the Agency a performance bond or other security for the purpose SB0099 Enrolled - 13 - LRB096 04034 JDS 14072 b of ensuring site restoration.
(e) Except as otherwise provided in Board rules, solid SB0099 Engrossed - 14 - LRB096 04034 JDS 14072 b waste permits for organic waste composting facilities shall be issued under the Board's Solid Waste rules at 35 Ill.
(e) Except as otherwise provided in Board rules, solid SB0099 Enrolled - 14 - LRB096 04034 JDS 14072 b waste permits for organic waste composting facilities shall be issued under the Board's Solid Waste rules at 35 Ill.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-0418

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 078-036-001

  7. Added Alternate Co-Sponsor Rep. Eddie Washington

  8. Added Alternate Co-Sponsor Rep. Deborah L. Graham

  9. Added Alternate Co-Sponsor Rep. Luis Arroyo

  10. Added Alternate Co-Sponsor Rep. Maria Antonia Berrios

  11. Added Alternate Co-Sponsor Rep. Kathleen A. Ryg

  12. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  13. Balanced Budget Note Filed

  14. Balanced Budget Note Requested by Rep. Sandy Cole

  15. Added Alternate Co-Sponsor Rep. Elizabeth Coulson

  16. Fiscal Note Filed

  17. Fiscal Note Requested by Rep. Sandy Cole

  18. Added Alternate Co-Sponsor Rep. Jack D. Franks

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass / Short Debate Environment & Energy Committee; 014-003-000

  24. Added Alternate Co-Sponsor Rep. Mark L. Walker

  25. Added Alternate Co-Sponsor Rep. Elaine Nekritz

  26. Added Alternate Chief Co-Sponsor Rep. Kevin Joyce

  27. Added Alternate Co-Sponsor Rep. Jack McGuire

  28. Added Alternate Chief Co-Sponsor Rep. Thomas Holbrook

  29. Assigned to Environment & Energy Committee

  30. Referred to Rules Committee

  31. First Reading

  32. Chief House Sponsor Rep. Harry Osterman

  33. Placed on Calendar Order of First Reading

  34. Arrived in House

  35. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  36. Third Reading - Passed; 059-000-000

  37. Placed on Calendar Order of 3rd Reading ** April 2, 2009

  38. Senate Floor Amendment No. 2 Adopted; Steans

  39. Recalled to Second Reading

  40. Senate Floor Amendment No. 2 Recommend Do Adopt Environment; 008-000-000

  41. Added as Co-Sponsor Sen. Mattie Hunter

  42. Senate Floor Amendment No. 2 Assignments Refers to Environment

  43. Placed on Calendar Order of 3rd Reading March 25, 2009

  44. Second Reading

  45. Senate Floor Amendment No. 2 Referred to Assignments

  46. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Heather Steans

  47. Added as Co-Sponsor Sen. Ira I. Silverstein

  48. Placed on Calendar Order of 2nd Reading March 17, 2009

  49. Do Pass Environment; 008-000-000

  50. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  51. Senate Committee Amendment No. 1 Referred to Assignments

  52. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Heather Steans

  53. Added as Co-Sponsor Sen. Michael Bond

  54. Added as Co-Sponsor Sen. Jeffrey M. Schoenberg

  55. Added as Co-Sponsor Sen. Linda Holmes

  56. Added as Co-Sponsor Sen. Don Harmon

  57. Added as Chief Co-Sponsor Sen. John M. Sullivan

  58. Added as Chief Co-Sponsor Sen. James F. Clayborne, Jr.

  59. Assigned to Environment

  60. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  61. Referred to Assignments

  62. First Reading

  63. Filed with Secretary by Sen. Heather Steans

Sponsors

  • Mark L. Walker · Cosponsor
  • Heather Steans · Cosponsor
  • Jack McGuire · Cosponsor
  • Elaine Nekritz · Cosponsor
  • Sara Feigenholtz · Cosponsor
  • Jack D. Franks · Cosponsor
  • Elizabeth Coulson · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Kathleen A. Ryg · Cosponsor
  • Maria Antonia Berrios · Cosponsor
  • Luis Arroyo · Cosponsor
  • Deborah L. Graham · Cosponsor
  • Eddie Washington · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 13 co-sponsors · 170 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (13)

  • Mark L. Walker Democrat
  • Heather Steans
  • Jack McGuire
  • Elaine Nekritz
  • Sara Feigenholtz Democrat
  • Jack D. Franks
  • Elizabeth Coulson
  • Naomi D. Jakobsson
  • Kathleen A. Ryg
  • Maria Antonia Berrios
  • Luis Arroyo
  • Deborah L. Graham
  • Eddie Washington

Not signed on (170)

170 members have not signed on to this bill.

Show all 170 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 78 Yea · 36 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 683302
Democrat 9002
Republican 1300
Total 783604
% of votes cast 66%31%0%3%
How each member voted (118)
Member Party Vote
Graham — Yea
Jakobsson — Yea
Leitch — Yea
May — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Davis, Monique — Yea
Nekritz — Yea
Reitz — Yea
Sommer — Yea
Soto — Yea
Thapedi — Yea
Lyons — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Bradley — Yea
McGuire — Yea
Burke — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Jefferson — Yea
Hernandez — Yea
McAuliffe — Nay
Moffitt — Nay
Myers — Nay
Howard — Yea
Phelps — Yea
Pihos — Not Voting
Senger — Nay
Wait — Nay
Washington — Yea
Winters — Nay
Yarbrough — Yea
Zalewski — Yea
Brady — Nay
Sullivan — Nay
Mitchell, Bill — Nay
Watson — Nay
Cavaletto — Nay
Cole — Nay
Colvin — Yea
Connelly — Nay
Coulson — Yea
Cross — Nay
Cultra — Nay
Currie — Yea
D'Amico — Yea
Eddy — Nay
Fortner — Nay
Hatcher — Nay
Holbrook — Yea
Jackson — Yea
Kosel — Nay
Osmond — Nay
Osterman — Yea
Poe — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Nay
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Nay
Saviano — Nay
Schmitz — Nay
Lang — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Mulligan — Nay
Fritchey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Not Voting
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Haine — Yea
Noland — Yea
McCarter — Yea
Meeks — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Yea
Cullerton — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 99 do?
Amends the Environmental Protection Act. Redefines the term "compost" to mean compostable material that has, by composting, decomposed to the degree that it will not, when subjected to optimal thermal conditions and optimal levels of oxygen, moisture, and nutrients, reheat significantly due to the action of microorganisms, and that is also suitable (i) for use as a soil conditioner, (ii) for use as a cover material for a municipal solid waste landfill, or (iii) for another use approved by the Agency (now, the humus-like product of the process of composting waste, which may be used as a soil conditioner). Redefines the term "composting" to mean the decomposition of compostable material into compost by a biological process that produces carbon dioxide and water as primary by-products (now, the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost). Excepts food scrap from the definition of the term "garbage". Exempts certain types of facilities, sites, portions of facilities, and portions of sites from regulation as pollution control facilities. Defines "compostable material" and "food scrap". Effective immediately.
Who sponsors SB 99?
SB 99 is sponsored by Mark L. Walker (Democrat), Heather Steans, Jack McGuire, Elaine Nekritz, Sara Feigenholtz (Democrat), Jack D. Franks, Elizabeth Coulson, Naomi D. Jakobsson, Kathleen A. Ryg, Maria Antonia Berrios, Luis Arroyo, Deborah L. Graham, and Eddie Washington.
What is the current status of SB 99?
This bill has been enacted into law. Introduced January 30, 2009. Enacted.
Where can I track SB 99?
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